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HomeMy WebLinkAbout1983-12-20 Ordinance't v ORDINANCE NO. 83-3160 AN ORDINANCE REPEALING THE ZONING ORDINANCE AND ADOPTING A NEW ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA SECTION I. PURPOSE. the purpose of this ordinance is to repeal the Zoning Ordi- nance and replace with a new revised Zoning Ordinance. SECTION II. AMENDMENTS. The Iowa City Code of Ordinances is hereby amended as follows: A. Appendix A of the Iowa City Code of Ordinances, entitled Zoning, is hereby repealed in its entirety. B. A new Chapter 36 of the Iowa City Code of Ordinances, entitled Zoning, is hereby adopted. Said Chapter 36 is attached hereto and included herein by reference. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 20th day of December, 1983. II C t911�lr MAYOR ATTEST: 2e n% CITY CLERK MILROEIUdED.BY. DORM MICR+LA9 CEDAR RAPIDS • DES MOINES } I 3349 44 ,-w It was moved by Lynch and seconded by Balmer , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DICKSON X ERDAHL X LYNCH —� MCDONALD NEUHAUSER PERRET First consideration 12/6/83 Vote for passage: Ayes: Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret. Nays: None. Absent: Erdahl. Second consideration 12/12/83 Vote for passage: Ayes: Perret, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: A'one. Absent: Balmer. Date published December 30, 1983 ��tved a} DeP1� e3 �ty I 183 R E ED.U.-CR+LA9 DE. MOINES 1 j 3 36 S/ ' *01 ti L� f: ..I Y a . }L *01 PROPOSED NEW ZONING ORDINANCE ;i REVISED DRAFT PRINTED 12-12-83 t i I MICRDEILMED BY. JORM MICRf�1LAB l • CEDAR Will D5 • DEC MOINESr I 1 336 ti f: ..I . }L PROPOSED NEW ZONING ORDINANCE ;i REVISED DRAFT PRINTED 12-12-83 t i I MICRDEILMED BY. JORM MICRf�1LAB l • CEDAR Will D5 • DEC MOINESr I 1 336 13 w 33(Vf ._. MICROMMED. BY JORM MICR+LAB l �, -CEDAR RAPIDS • DES MOINES r l 7 4° INDEX ARTICLE 1. GENERAL P. Purpose --------------------------------------------------- 1 _ Name ------------------------------------------------------P• 1 2 ------ Definitions----------------- ""'"'"" "" ARTICLE II. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONESp. Interim Development Zone (ID) -----------------"----------___p 20 Rural Residential Zone(RR-1)-------------------------" 23 Low Density Single Family Residential Zone (RS -5)---------P• Single Family Residential Zone (RS -8) ------ P. 25 27 — Medium Density Manufactured Housing Residential Zone (RMI) ---------------P• 30 High Density Single Family Residential Zone (RS -12) ------- p. 32 Low nDensity MultimFamilysResidentialnZoneM(RM-20)------ P. 37 Medium Neighborhood Conservation Residential Zone (RNC -20) ------- P. 40 High Density Multi -Family Residential Zone (RM -44) -------- p. 43 449 High Rise Multi -Family Residential Zone (RM -145)----------P: Commercial Office Zone(CO-1)----------------------------- 52 Neighborhood Commercial Zone (CN -1) ----------------------- p. 54 Community Commercial Zone (CC -2)-------------------------- p. 57 i; Central Business Service Zone (CB -2)----------- ----------- P; 59 Central Business Zone(CB-10)------------------------" _-- 62 --P. Highway Commercial Zone (CH -1)----------------------- ----p. 64 Intensive Commercial Zone (CI -1)________________________ Office and Research Park Zone (ORP)- --PP. fig General Industrial Zone(I-1)------------------------""-"p. 72 Heavy Industrial Zone (I -2)-------------------------"""'-P. 74 Public Zone (P) ------------------------------------ ------- !" DIVISION 2. OVERLAY ZONES " -___-_p, Flood hazard overlay zones---------------------'"- 76 Floodplain Overlay Zone(OFP)-------------------------- P' 80 82 Floodway Overlay Zone(OFW)---------------------------- P• 87 Airport overlay zones ------------------------ ""-'---""""_P' 88 Horizontal Overlay Zone(OH)---------------------------P• 89 p. Conical Overlay Zone(OC)---------------'-"'-""-"-"�''p. 89 Approach Overlay Zone (OA) ----------------------------- Clear Overlay Zone (OCL) ------------------------------- P Transitional Overlay Zone (OT) ------------'------'"'""'p. 90 94 "" River Corridor Overlay Zone (ORC)-------------------"" Housing Overlay Zone (OPD -H) ----------P• 98 - Planned Development Historic Preservation Overlay Zone (OHP) ------------------P•102 DIVISION 3. ADDITIONAL REGULATIONS 106 _-___p. Airports, heliports and helistops---------------'-'"' 106 Cemeteries and mausoleums----------------------- "-""-"P' 106 Child care facilities ------------------"""-"--"-------"P • 107 -----p. Clubs -----------------------------------------------------P• 107 Drive-in theaters -----------------'--------"--- " 107 _ Dwellings, zero lot line and townhouse----------- P: 108 - ------------------- p. 9--------------------'-- ---- Elderlyhousing --"--_ 109---P. Extraction------------------------------------------------ P. 109 Funeral homes---------------- -------------------------- 33(Vf ._. MICROMMED. BY JORM MICR+LAB l �, -CEDAR RAPIDS • DES MOINES r l 7 4° Junk yards ------------------------------------------------ p. 109 Kennels and veterinary establishments --------------------- p. 110 Nursing homes --------------------------------------------- p. 110 Religious institutions ------------------------------------ p. 110 Stables--------------------------------------------------- p. 111 ARTICLE III. ACCESSORY USES AND REQUIREMENTS Permitted accessory uses and buildings -------------------- p. 112 Accessory use and building regulations -------------------- p. 114 Off-street parking requirements --------------------------- p. 116 Off-street loading requirements --------------------------- p. 129 Sign regulations ------------------------------------------ p. 130 Fence and hedge requirements ------------------------------ p. 153 ARTICLE IV. GENERAL PROVISIONS DIVISION 1. DIMENSIONAL REQUIREMENTS General yard requirements --------------------------------- p. 155 Permitted obstructions in yards --------------------------- p. 156 Requirements and exceptions for established setbacks ------p. 157 Height exceptions ----------------------------------------- p. 158 DIVISION 2. TREE REGULATIONS Trees adjacent to and within street rights-of-way --------- p. 160 Trees, on private property for parking areas --------------- p. 162 DIVISION 3. PERFORMANCE STANDARDS Smoke----------------------- ------------------------------ p. 166 Particulate matter ---------------------------------------- p. 166 Toxic matter --------------------------- ------------------- p'. 167 Odor------------------------------------------------------ P. 167 Vibration ------------------------------------------------- p. 1057 Glare -----------------------------------------------------P. 168 Sewagewastes --------------------------------------------- P. 168 Storage-- ------------------------------------------------ -p. 169 Screening ------------------------------------------------- p. 169 DIVISION 4. NONCONFORMITIES Nonconforming uses--.-= ----- ----------------------------- p. 173 Nonconforming structures ---------------------------------- p. 173 Nonconforming lots of record ------------------------------ p. 174 DIVISION 5. IMPLEMENTATION Enforcement------------- ------- ----------------- ----------p. 175 Building and occupancy certificates --------------- -------- p. 175 Rules of construction for boundaries of zones ----------- --p. 175 Amendment of ordinance ----------------------------- ------- p. 176 Violations------ ------------------ -------------- ---------- p. 178 Annexation---------------- -------------------------------- p. 178 DIVISION 6. APPEALS Board of Adjustment ------------------------------------- --p. 180 336? ._ ' f l . MICROrILMED BY ~ �. JORM MICR+LA19 1 CEDAR RAP!BS - DE: MOINES J CHAPTER 36 ,,. MICROFILMED BY l JORM MIC R+LAB ? CEDAR RAPIDS - DES MOIM ES 2 � ..4 ZONING ARTICLE I. GENERAL Sec. 36-1. Purpose. The purpose of this Chapter shall be to promote the public health, _ safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen congestion in the streets; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage disposal, schools, parks, and other public requirements. Sec. 36-2. Name. This Chapter shall be known and may be cited and referred to as the City of Iowa City "Zoning Chapter" or "Zoning Ordinance.." I'' Sec. 36-3. General effect of this chapter. iF Except as otherwise provided in this Chapter, the use of premises and x structures in the City shall be in accordance with the minimum standards 6" ( hereinafter established. (a) No structure shall be erected, converted, enlarged, reconstructed �.� or structurally altered to exceed the height Limit herein established for the zone in which the structure is located. a I:. (b) No use shall be established nor shall any structure be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations for the zone in which the use or structure is located. (c) No. structure shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the yard regula- tions for the zone in which the building is located. (d) No use shall be established or enlarged nor shall any structure be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the off-street parking regulations for the zone in which the use or structure is located. _ (e) The yards, parking spaces, or lot area required for one structure or use under this Chapter cannot be used to meet the requirements for another structure or use. (f) Every use hereafter established or structure erected or structurally altered shall be located on a lot as herein defined, and the number of uses and structures permitted on a lot shall be as follows: 336 ,,. MICROFILMED BY l JORM MIC R+LAB ? CEDAR RAPIDS - DES MOIM ES 2 � ..4 2 (1) In the RS zones there shall not be more than one (1) principal use or building on a lot. There may, however, be more than _ one (1) accessory use or structure on a lot. (2) In all other zones, there may be more than one (1) principal - use, building, and accessory use and structure on a lot. (g) No use which is permitted as a special exception under this Chapter shall be established or enlarged except as permitted by the Board - of Adjustment. Sec. 36-4. Definitions. - The following definitions shall be applicable to this Chapter unless a contrary meaning is indicated by the text. Words in the present tense - include the future tense. The singular number includes the plural and the plural number includes the singular. The word "shall" is always mandatory, the word "may" is permissive. Terms not defined shall have - the meanings customarily assigned to them as defined in Webster's New Collegiate Dictionary. Uses not defined or listed shall have the meanings as defined in or categorized according to the Standard Industrial Classification (SIC) Manual, Superintendent of Documents, - U.S. Government Printing Office. (a) (1) Abut/abutting. Contiguous; having a boundary, wall or property line in common. (2) Access. The place, means or way by which pedestrians or ve- hicles shall have ingress and egress to a property or parking area. (3) Accessory building/use. A building or use which: (a) is - subordinate to and serves a principal building or use; (b) is subordinate in area, extent,or purpose to the principal building or use served; (c) contributes to the comfort, convenience, or necessity of occupants of the principal building or use; and (d) except for off-street parking as - provided in Sec. 36-58(d), is located on the same lot as or across a street, alley or railroad right-of-way from the principal use. (4) Addition. An extension or increase in floor area or height of a building or structure. (5) Aged. Any person who is eligible because of age to receive old age insurance benefits under Section 202A, Title II of the Social Security Act (see Social Security Act and Related Laws, April 1982 edition). (6) Aisle. An asphalt, concrete or similar permanent dust -free surface which is connected directly to a parking or loading space and designed to permit ingress or egress of a vehicle to or from the parking or loading space. (In no case can an aisle be a drive - see definition for "drive.") 336of 1 MICROFILMED BY ..i JORM MICR+LAB I 1 l .CEDAR R?NOS • DE; MOIRE; �W 3 - (7) Alley. An opened public way which is intended only for use as a secondary means of vehicular access to abutting property. (8) Alter/alteration. A structural alteration, enlargement or remodeling of a building, or the moving of a building from one location to another. (9) Apartment house. See "Dwelling, multi -family." (10) Assessed value. The value of real property as established by the City Assessor, or by a higher authority upon appeal, and is the value upon which the next fiscal year's real estate taxes are based. (11) Auto and truck oriented use. Any use intended or designed to provide a service to occupants while they are within a motor vehicle, such as drive-in financial institutions; any use related to the sale, servicing or repair of vehicles, such as but not limited to car washes, automobile service stations and garages, and automobile accessory sales; and uses catering to the convenience of drivers of motor vehicles, such as but not limited to convenience groceries not more than 4,000 square feet, drive-in restaurants, service shops, dry cleaning centers and photodeveloping drop centers. (b) (1) Balcony. A covered or uncovered platform area projecting from the wall of a building, enclosed by a railing, accessible from above grade, and not attached to the ground. (2) Basement. A portion of a building located partially under- ground, but having three -and -one-half (3§) feet or more of its floor -to -ceiling height above grade. A basement is counted as a story for the purpose of height and yard regulations. (3) Board of Adjustment. An administrative hearing board created by Chapter 414 of the Code of Iowa which is authorized to hear appeals from decisions of the 'City Manager or his/her designee, or by decisions of the Zoning Code Interpretation Panel or of the City Manager when the Panel cannot reach a decision and to grant variances and special exceptions. ding to (4) lodging, meals arereprovidedsidential for lltenants erlbutnot addition for the public. (5) reconstruct, oruild. To sstructurally alter truct, assemble, eaebuilding oristructure. (6) Buildable area. The area remaining on a lot after the minimum open -space requirement for yards has been met. (7) Building. Any structure having a roof and designed or intended for the support, enclosure, shelter or protection of persons, animals, or property. 141CROFILPIED BY. 7 � ` l JORM MICROLAB 1 I CEDAR RDRIDS - DES MOINES i. 3 368 4 (8) Building, detached. A building which is not connected to another building. (9) Building area. See "ground area." — (10) Building coverage. The amount of land covered or p ensured in itted to be covered by a building or buildings, Y terms of percentage of a lot. — (11) Building height. The vertical distance from the grade to the roof line. (12) Building line. The front yard line. (13) Building Official. The City employee designated to enforce this Chapter. (14) Building permit. Official certification that a proposed a;; improvement complies with the provisions of this chapterpermit is � such other ordinances as may be applicable. Such a p required for new construction and for alteration or additions to existing structures prior to commencement of construction. (15) Business service establishments. An establishment primarily engaged in rendering services to business establishments on a fee or contract basis. Such establishments incdbut are s enclu a consumer not limited to the following: advertising g cieS, an credit reporting agencies, mercantile reporting reeroductiona adjustment and collection agencies; mailing rep r, art and -photography, and stenographic services; services to dwellings and other buildings; news syndicates; personnel supply services; computer and data processing services; research and development laboratories; management, co and public relations services; detective agencies and protective services; equipment rental and leasing services; photofinishing laboratories; and other establishments primarily engaged in furnishing business bottle exchanges, drafting services such as bondsmen, and labeling interior designing, notary publics, packaging service, telephone message service, water softening service, and auctioneering service on a commission or fee basis (see major group 73 of the Standard Industrial Classification Manual). (c) (1) Cellar. A portion of a building located partially or wholly _ underground and having less than three -and -one-half (3$) feet of its floor-to-ceiling =eigor ht above grade. of height cellar is ynot counted as a story regulations- (ation at a 2) Certificate of oto provisionsfofcial this Chaptercand suchhother premises conforms to p -- ordinances as may be applicable and may be used or occupied. Such a certificate is granted upon completion of new construc tion or for alteration or additions to existing structu. 3369 _ . 141CROEILMEO ,OY 1 JORM MICR4�LAE3 < I CEDAR ROM - DEC 1401NES I i i 5 (3) Child care facility. State licensed or registered facility ,331000 .7-0ICRDFILMED •BY t JORM MICR+LAEI CEDAR RAPIDS • DE- 1401RE5 i where children are temporarily left with attendants. (4) City. The City of Iowa City, Iowa. (5) Clinic. An office occupied by one or more members of a healing profession. (6) Club. A meeting place of an association with restricted access to the general public controlled by its members, and in which property is actually owned, leased or held in common for the benefit of its members. For purposes of this Chapter this definition does not include a fraternity or sorority house. (7) Commercial recreational uses. Facilities which are used primarily for physical exercise or culture and which include but are not limited to campgrounds, courts, gyms, swimming pools, locker and training rooms, target or shooting ranges, amusement arcades, and billiard halls. Such facilities do not include massage parlors and establishments which features nude dancing. (8) Commission. The Planning and Zoning Commission of Iowa City, Iowa as created by Chapter 414 of the Code of Iowa and the City Code of Ordinances. , (9) Confinement feeding operations. One or more roofed or partially roofed animal enclosures, designed to contain liquid or semi-liquid animal wastes, and in which the maximum number of animals confined -at one time exceeds 50 beef cattle, 40 h, dairy cattle, 250 swine over 40 pounds, 1800 swine less than 40 pounds, 600 sheep, 3,000 turkeys, 15,000 broiler chickens or 9,000 layer chickens. (10) Conversion. Any change of one principal use to another prin- cipal use. i (11) Council. The City Council of Iowa City, Iowa. (12) Court. A space, open and unobstructed to the sky, located at grade on a lot and bounded on three or more sides by walls. (d) (1) Deck. A covered or uncovered platform area projecting from - the wall of a building, accessible at or from above grade, and attached to the ground. _ (2) Density, gross. The number of dwelling units per unit area of land (usually expressed as dwelling units per acre). (3) Development. Any man-made change to improved or unimproved property including but not limited' to buildings, mining, dredging, filling, grading, paving, excavation or drilling operations. ,331000 .7-0ICRDFILMED •BY t JORM MICR+LAEI CEDAR RAPIDS • DE- 1401RE5 i P (4) Developmentally disabled. Any person who has a disability attributable to but not limited to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; diplexia resulting from an above disability; or a mental or nervous disorder which disability originates before such individual attains age 18, and which constitutes a substantial impairment expected to be long -continued and of indefinite duration. (5) Discontinuance. Whenever a non -conforming use is abandoned, ceased, or terminated. (6) Downzoniag. A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multifamily to single-family or from _ commercial or industrial to residential. (7) Drive/driveway. An asphalt, concrete or similar permanent dust -free surface designed to provide vehicular access to a parking area. (8) Dwelling. A building which is wholly or partially used or r intended to be used for residential occupancy. (9) Dwelling, duplex. A dwelling containing two (2) dwelling _ units. (10) Dwelling, farm. A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm -on which the dwelling is located. (11) Dwelling, four-plex. A multi -family dwelling containing four (4) dwelling units. (12) Dwelling, high-rise multi -family. A multi -family dwelling exceeding three (3) stories in height. (13) Dwelling, low-rise. A multi -family dwelling not exceeding more than three (3) stories in height. (14) Dwelling, multi -family. A dwelling containing three (3) or more dwelling units. (15) Dwelling, single-family. A building containing one dwelling unit. This definition does not include the term "mobile home." (16) Dwelling, tri-plex. A multi -family dwelling containing three (3) dwelling units. (17) Dwelling, zero lot line. A single family dwelling with one or — more walls located on a side lot line(s) which is not a street or alley right-of- way line. 336F :I !., ..._ . FII CROfIL14ED. BY JORM MICR+LA© CEDAR RAPIDS • DE: 1401NES 1 ( 7 ✓.. uu (18) Dwelling unit. Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. (19) Dwelling unit, efficiency. A dwelling unit consisting of one principal room, in addition to a bathroom, hallway, and closets, which serves as the occupant's living room, bedroom, and in some instances, the kitchen. (e) (1) Easement. A right given by the owner of land to another person for specific limited use of that land, e.g., to allow access to another property or for utilities. (2) Elderly housing. A dwelling especially designed for use and occupancy of persons who are aged or who are handicapped within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Security Act. (3) Enlargement/expansion. An increase in the volume of a building, an increase in the area of land or building occupied by a use, or an increase in the number of occupants or dwelling units. (4) Extraction. The extraction of sand, gravel, or top soil as an - industrial operation, exclusive of the process of grading a lot preparatory to the construction of a building. (f) (1) Family. One (1) person or two (2) or more persons related by ' blood, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single, housekeeping organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption. (2) Family care facility/family home. A community-based residential home, which is licensed either as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of the Code of Iowa, that provides room and board, personal care, habilitation services, and. supervision in a family environment by a resident family for not more than eight (8) developmentally disabled persons. However, family care facility does not mean an individual foster care family home licensed under Chapter 237. _ (3) Farm. An area of not less than 10 acres for which the principal use is the growing for sale of farm products such as vegetables, fruits, and grain and their storage on the land. The term "farm" includes the necessary accessory uses and buildings for treating and storing the food produce. ..MICROFILMED BY ..� �IJORM MICR LAB CEDAR RAP?OS DE. MOINES 1 41' 44 3 (4) Feedlot. A lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term does not include areas which are used for the raising of crops or other vegetation and upon which livestock are allowed to graze or ^ feed. (5) Filling station. Any building or premises used for the dispensing or retail sale of motor vehicle fuel or oil. When the dispensing or sale is incidental to the operation of a commercial garage, the premises shall be classified as a commercial garage. i (6) Financial institution. An establishment for the receiving, keeping, lending of money, and the exchange of funds by checks _ or notes, including banks, savings and loans, credit unions, and similar establishments. (7) Floor area. The total area of all floors of a building or portion thereof measured to the outside surface of exterior walls or the centerline of walls to attached buildings or uses. It does not include garages, porches, balconies, and other appurtenances. Space in the basement or cellar and all other space shall be included as floor area if used for a principal or accessory use permitted in the zone in which the building is located. (8) Floor area ratio (FAR). The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of sgch lot. - (9) Fraternity/sorority house. A building used as a residence by a chapter of a fraternal or sororal nonprofit organization recognized by the University of Iowa. For purposes of this Chapter this definition does not include a rooming house. (10) Frontage. The distance along a street line (right of way line) from one intersecting street to another, or from one intersecting street to the end of a dead end street or the end of a cul-de-sac. (g) (1) Garage, commercial. Any building or premises used for equip- ping, repairing, renting, selling or storing motor vehicles, and at which automobile fuels, and supplies may be sold. (2) Garage, private. An accessory building which is under the control and use of the occupants of the main building. (3) Grade. The top surface elevation of lawns, walks, drives, or other improved surfaces after completion of construction or - grading and landscaping. For the purposes of determining height of a building, the grade is the average level at the corners of the exterior walls of a building. 33G� 4 MICROFILMED BY. .-.. l JORM MICR</LAB CEDAR RPPIDS • DES MOINES 9 ,.. within est w (4) Ground area. The arecomputedona horizontal plane atsthe afirst outside dimensions comp en orches, breezeways, terraces, _ floor level, exclusive of op P and exterior stairways. ost floor 61'a building height at (5) Ground floor/first floor. The lower-mor above the grade. having its floor -to -ceiling g facility. A government licensed or approved (6) Group care facility which provides resident services in a dwelling to more than eight (8) individuals not including resident staff, uals are but not exceeding led aged uorsundergoing . These lrehabilitation; developmentally envision; and are provided services in are in need of adult sup care facilities shall dnot eincludwith e nursingeir lhomesl needs. Group (7) Guest. An individual who shares a dwelling in a non -permanent status for not more than 30 days. ~' f closely planted shrubs (h) (1) Hedge. A boundary formed of a row o or bushes. onsisting of an (2) Home occupation. An accessory by personuse c residing on the premises - or profession carried on by (3) Hospital. An institution providing health LL1eck or injlces for human and including in-patient medical care for the silaboratories, out-patient related facilities smedicaluch s services, and staff offices facilities, emergency art of the facility. 1 which are an integral p (4) Hotel. A residential building licensed by the State and occupied place ed and used principally as a of lodging for guests. Hotels may or may not Pr( meals and there are usually no cooking facilities in guest rooms (see "hotel, apartment"). which all (5) Hotel, apartment. A multi -family dwelling under resident supervision which maintains an ito th apartments and which _+ tenants must pass to gain access to the hotels such as a cigar stand or may furnish services ordinarilcosmetologistY cig � drug store, barber shop, newsstand, when such uses are located entirely within the separate entrance from the street or visible with no se building having no sign or display visible from and hav from any sidewalk, indicating the existence of such outside of the building services. (i) Reserved. area where waste, discarded, or salvaged (j) (1) Junk yard. An baled or packed, disas- materials are bought, sold, exchanged, including the disman- sembled or assembled, stored or handled, tling or "wrecking" of automobiles or other rd, used lumber machinery. A junk yard is also a housewrecking yard, 336, 0 4 IIICROrILIIEO JO RM MICR( LAB l ? CEDAR RPP!DS • DEL MOINES I i N J 10 yard, and place for storage of salvaged building materials and structural steel materials and equipment. (k) (1) Kennel. An establishment where small animals are bred, raised, trained, groomed, and boarded for compensation, sale or other commercial purposes. (1) (1) Livestock. Cattle, sheep, swine, poultry, and other animals or fowl, which are being produced primarily for use as food or _ food products for human consumption. (2) Living unit. See "dwelling unit." (3) Loading space, off-street. Space logically and conveniently located and designed for bulk pickups and deliveries and accessible to delivery vehicles from aisles. (4) Lodging house. See "rooming house." (5) Long term care facility. See "nursing home." (6) Lot. A plot, separate tract, or parcel of land with fixed boundaries suitable for occupancy by a use. (7) Lot, corner. A lot located at the intersection of two (2) or more streets. (8) Lot, double frontage. A lot having frontage on two parallel or approximately parallel streets. (9) Lot, interior. A lot other than a corner lot or double front- age lot and bounded by a street on only one side. _ (10) Lot, reversed corner. A corner lot, the rear of which abuts the side of another lot. (11) Lot area. The total area within the lot lines of a lot ex- cluding any area located within a public or private street. (12) Lot coverage. The percentage of the lot area covered by the building area. (13) Lot depth. The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line. (14) Lot frontage. The continuous width of a lot measured along _. the street (right of way line). (15) Lot line. A line oriented in terms of stable points of _ reference which establishes one boundary of a lot. (16) Lot line, front. A lot line separating the lot from the street. On corner lots, the front lot line is the shortest 3368 4 r. F�. .IEROEILI...YRM MICR+LABEDAR RAPIDS • DEE MDINES I i t 44 w r^+ street dimension except that if the lot is square or almost square, i.e., has dimensions at the ratio of from 3:2 to 3:3, then the front lot line may be along either street. (17) Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet in length, and parallel to and farthest from the front lot line. ch ts e end of a (lg) Lot line, lot line or1ny lot nline which isy lot line lnot maehfront front line orrear lot line. (19) Lot width. The length of the front yard line. (m) (1) Manufactured housing. Includes mobile and modular homes as herein defined. (2) Manufactured housing park. A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. (3) Meeting hall. A facility providing space for lectures, social functions, exhibitions, entertainment, instructions and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas. (4) Mobile home. A single-family dwelling unit, built on a chassis, suitable for year-round occupancy and containing water supply, waste disposal, heating and electrical conveniences. For the purposes of this Chapter, this definition does not include recreational vehicles. (5) Modular home. Any single-family dwelling unit which is manufactured in whole or in components at a place other than the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer,. motor home or mobile home. (6) Motel. A residential building licensed by the state, usually located along fuests. The term "motel" includespied and used y as a "motor place of lodgingg for or guests. hotel." (n) (1) Non -conforming structure. A structure or portion thereof which does not conform to the provisions of this Chapter relative to height, yards, or building coverage for the zone in which it is located by reason of the adaption of this Chapter or subsequent amendments thereto. t �. 141CROFILMED BY. t JORM MICR+LAB { CEDAR RAPIDS • DEC MOINES�� j 3349 4. I .w street dimension except that if the lot is square or almost square, i.e., has dimensions at the ratio of from 3:2 to 3:3, then the front lot line may be along either street. (17) Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet in length, and parallel to and farthest from the front lot line. ch ts e end of a (lg) Lot line, lot line or1ny lot nline which isy lot line lnot maehfront front line orrear lot line. (19) Lot width. The length of the front yard line. (m) (1) Manufactured housing. Includes mobile and modular homes as herein defined. (2) Manufactured housing park. A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. (3) Meeting hall. A facility providing space for lectures, social functions, exhibitions, entertainment, instructions and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas. (4) Mobile home. A single-family dwelling unit, built on a chassis, suitable for year-round occupancy and containing water supply, waste disposal, heating and electrical conveniences. For the purposes of this Chapter, this definition does not include recreational vehicles. (5) Modular home. Any single-family dwelling unit which is manufactured in whole or in components at a place other than the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer,. motor home or mobile home. (6) Motel. A residential building licensed by the state, usually located along fuests. The term "motel" includespied and used y as a "motor place of lodgingg for or guests. hotel." (n) (1) Non -conforming structure. A structure or portion thereof which does not conform to the provisions of this Chapter relative to height, yards, or building coverage for the zone in which it is located by reason of the adaption of this Chapter or subsequent amendments thereto. t �. 141CROFILMED BY. t JORM MICR+LAB { CEDAR RAPIDS • DEC MOINES�� j 3349 4. 12 (2) Non -conforming lot. A lot which does not conform to the provisions of this Chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. (3) Non -conforming use. Any.. use that is not allowed within the zone in which it is located or any way in which land or a building is used that is not in compliance with the provisions of this Chapter by reason of the adoption of this Chapter or subsequent amendments thereto. (4) Nursing home. A facility operated by a proprietary or non- profit corporation or association and licensed or regulated by a governmental entity for the accommodation of convalescents or other persons who are not in need of hospital care but who require skilled care and/or related services. (o) (1) Officially Approved Place. A private street which was permitted under the terms of the zoning ordinance prior to the adoption of this Chapter. Such streets were either established by the City Council or by the Board of Adjustment as a variance to the requirement that a lot front on a public street. (2) Open space. That portion of the lot that is not covered by buildings, drives, parking spaces and aisles. (3) Open space, common. Open space the use of which is shared by all occupants of more than one dwelling unit, as distinguished from private open space. (4) Open space, private. Open space used by occupants of a dwelling unit. (5) Overlay zone. A set of zoning requirements that is imposed in addition to those of the underlying zone. Developments within the overlay zone, except in the case of an OPD -H zone, must conform to the requirements of both zones or, in the case of a disparity, the more restrictive requirements of the two. (6) Owner. The person who holds the fee simple or equitable title to the property. (p) (1) Parking area. An off-street facility intended or designed for the parking of more than four (4) motor vehicles, including parking spaces, aisles and tree islands. (2) 'Parking space. An asphalt, concrete or similar permanent dust free surface which is intended for off-street vehicular parking and is at least eight (8) feet wide and 15 feet in length for compact cards and at least nine (9) feet wide and 19 feet in length for other cars. (3) Patio. A covered or uncovered surfaced outdoor living area at grade abutting and accessible from a dwelling. 336 �.. . MICROFILMED DY JORM MICR( LAB l { -CEDAR RA RIDS • DE: MOINES (� r evil w 13 (4) Performance standard. A minimum requirement or maximum allowable limit on the effects or characteristics of a use, written in the form of regulatory language. (5) Permitted use. A principal use which is allowed in the zone in which it is listed subject to compliance with the dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of the Chapter. (6) Person. Any individual or group of individuals, corporation, partnership, association, or any entity, including state and local governments and agencies. (7) Personal service establishment. An establishment primarily engaged in providing services generally involving the care of the person or his/her apparel. Such establishments include but are not limited to the following: laundry, cleaning and garment services; photographic studios;_ beauty shops; barber shops; shoe repair shops, shoe shine parlors, and hat cleaning shops; funeral homes; and other establishments engaged in providing personal services such as steam baths, reducing salons and health clubs, clothing rental, locker rental, and porter services (see major group 72 of the Standard Industrial Classifications Manual). _ (8) Porch. A covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from _ the wall of a building. - (9) Premises. See "lot." (10) Principal building. A building which contains the principal ,.,. use. (11) Principal use. The primary use(s) of land or a structure as 330 y i �+ _ ...MICROFILMED BY JORM MICR+LAB I i CEDAR RANDS • DE= 140INE5 + i + distinguished from an accessory use, e.g., a house is a principal use in a residential area; a garage or pool is an accessory use. - (12) Projections (into yards). Parts of buildings such as archi- tectural features which protrude into the required yard or yards. (13) Provisional use. A principal use which is allowed in the zone in which it is listed subject to compliance with the specific requirements mentioned with the use and all other dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of the Chapter. (14) Public utility. A system which is owned and operated by a licensed public utility company or by a railroad company. Such systems do not include those owned and operated by the City of Iowa City or other governmental agency. 330 y i �+ _ ...MICROFILMED BY JORM MICR+LAB I i CEDAR RANDS • DE= 140INE5 + i + 14 (q) (1) Quarry. Land used for the purpose of excavating stone or slate as an industrial operation. (r) (1) Remodel/repair. Any improvement in a building which is not a structural alteration. _ (2) Religious institution. An organization having a religious purpose, which has been granted an exemption from federal tax as a Sec. 501(c)(3) organization under the Internal Revenue - Code, including churches, rectories, meeting halls, schools and the facilities that are related to their use. (3) Restaurant. A business where the dispensing and the consump- tion at indoor tables of edible foodstuff and/or beverage is the principal business, including a cafe, cafeteria, coffee shop, delicatessen, lunch room, tearoom, dining room, bar, cocktail lounge or tavern. The total seating area located within the enclosed portion of the premises is more than 50 — percent of the total floor area. (4) Restaurant, drive-in/carry-out. An auto oriented use whose principal operation is the dispensing of edible foodstuff — and/or beverage for consumption in automobiles, at indoor or outdoor tables, at stand-up counters or to be carried off the premises. The total seating area, if provided, is less than 50 percent of the floor area. (5) Retail establishment. An establishment engaged in selling merchandise for personal or household consumption, and rendering services Incidental to the sale of the goods. Such establishments will have the following characteristics: the establishment is usually a place of business and is engaged in activities to attract the general public to buy; the establishment buys or receives merchandise as well as sells; the establishment may process its products, but such processing is 'incidental or subordinate to selling; the establishment is considered as retail in the trade; and the establishment sells to customers for business or personal uses. (6) Rezoning. A change in land use regulations. Rezonings can take three forms: (a) a comprehensive revision or modification of the zoning text and map; (b) a text change in zone requirements; or (c) a change in the map, i.e., the zoning designation of a particular parcel or parcels. (7) Roof. The top covering of a building constructed to shield the area beneath from the weather. The term "roof" includes the term "canopy." (8) Roof line. The highest point of the coping of a flat roof; the deck line of a mansard roof; and the mid -point between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof. 336 - �. MICROFILMED BY -_�•.� JORM MICR+LAB ? CEDAR RAPIDS • DE-- MOIIIES i i w 15 (9) Roomer. An occupant of a rooming house or rooming unit who is not a member of the family of the rooming house operator. A roomer shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. (10) Rooming house. Any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to four (4) or more roomers. (11) Rooming unit. Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, _ primarily for living and sleeping. A rooming unit shall have bath and toilet facilities available for exclusive use by the occupants or for communal use and, in addition, may have kitchen and dining facilities available for use by the occupants therein. (s) (1) School - generalized private instruction. A private school which includes any of the following: Elementary and secondary schools below university grade (ordinarily grades 1 through 12), including denominational and sectarian; kindergartens and military academies are also included. Colleges, universities, y and professional schools granting academic degrees and requiring for admission at least a high school diploma or equivalent general academic training. Junior colleges and {� technical institutes requiring for admission at least a high j� school diploma or equivalent general academic training and granting associate academic degrees, certificates or diplomas. a (2) - School - specialized private instruction. A private school which includes any of the following: Establishments primarily engaged in offering data processing courses in programming, f' and in computer and peripheral equipment operation, including keypunch operation. Establishments primarily engaged in offering courses in business machines operation (except data i processing), office procedures, and secretarial and Ie stenographic skills. Establishments primarily engaged in offering specialized trade or commercial courses, not I' elsewhere classified, but not academic training. Specialized as nondegree granting schools, not elsewhere classified, such f music schools, dramatic schools, language schools, and Civil Service and other short term examination preparatory schools. Establishments primarily engaged in operating dance studios and schools. �a (3) Separate tract. An abutting group of lots which are developed for a use or uses which share common facilities, e.g., off-street parking, loading and driveways. A separate tract shall be considered as a single lot in the application of the requirements of this Chapter. (4) Setback line. The line beyond which the wall of a building or structure shall not project. 33�i � F1I CkOFI LME DY . , � i JORM MIC R�LAB CEDAR RA PISS D[C PiOINE5 i { 16 (5) Special exception. A principal or accessory use or a modification in yards or parking and stacking spaces which is _ allowable when the provisions of Sec. 36-91(g)(2) are met and when the facts and conditions specified elsewhere in this Chapter, as those upon which the exception is permitted, are found to exist by the Board of Adjustment. - (6) Stacking space. An asphalt, concrete or similar permanent dust free surface which is designed to accommodate a motor - vehicle waiting for entry to an auto oriented use, is located in such a way that a parking space or access to a parking space is not obstructed, and which is at least nine (9) feet _ in width and 19 feet in length. (7) Story. The portion of a building included between the upper _ surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the top most floor and the ceiling or roof above. (8) Street. The entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic. (9) Street, arterial. A street whose principal function is to provide for through traffic, and designed to carry large volumes of traffic. 7 (10) Street, collector. A street whose principle function is for carrying traffic from local streets to arterial streets. (11) Street, cul-de-sac. A local street terminating in a turn- around. _ (12) Street, local. A street used primarily for access to abutting - property. j - (13) Street, private. A way which is intended to afford the _- principal means of access to abutting lots and is not owned or controlled by a government entity. (14) Street, public. A way which affords the principal means of _ access to abutting lots and is owned or controlled by a government entity. (15) Structure. Anything constructed or erected on the ground or which is attached to something located on the ground. Struc- tures include buildings, radio and TV towers, sheds, and -- permanent signs. It excludes vehicles, sidewalks, and paving. (16) Structural alteration. Any change in the configuration of the _ exterior walls, foundation or the roof of a building which 1 ,} ...., MICROFILMED BY ..._., i JORM MICR+LAB { I CEDAR R4M • DES MOINES L 4:J 41' 17 . results in an increase in the area, height or volume of the �. _... building. (17) Sub -standard lot. See "non -conforming lot." (18) Substantial improvement. Any repair, reconstruction, or improvement of a building the cost of which equals or exceeds 50 percent of the market value of the building either, (a) before the improvement or repair is started, or (b) if the — building has been damaged and is being restored, before the damage occurred. For the purposes of this definition, sub- stantial improvement is considered to occur when the first _ alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either (1) any project for improve - went of a building to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a building listed on the National Register of Historical Places or a State Inventory of Historic Places. i.i (t) (1) Townhouse. A complex containing not less than three (3) nor more than six (6) abutting single family dwellings (townhouse units) and each single family dwelling being located on a separate lot. t :+ (2) Transient housing. A structure owned and operated by a non-profit organization, as defined by Section 501(c)(3) of the Internal Revenue Code, providing a temporary residence, for a period of not more than 10 days, for persons in need of emergency shelter and who are temporarily unable to pay for + housing. (3) ,Tree. A live self-supporting woody plant with a single or multiple self-supporting trunk(s) (the size of a tree to be M I planted at initial installation is indicated in "The List of M Recommended Trees for Iowa City," a supplement to this y Chapter). (4) Tree island. An unpaved pervious area intended for the j placement of a tree. (u) (1) Upzoning. The converse of downzoaing (see "downzoning"). (2) Use. A purpose or activity for which land, structures, or a portion thereof is designed, occupied, and maintained. (3) Use, accessory. See "accessory building/use." (4) Use, permitted. See "permitted use." MICROFILMED BY t JORM MICR4ILAB CEDAR RAPIDS • DES M01NE5 I I �e f7 18 La (5) Use, principal. See "principal use." (6) Use, provisional. See "provisional use." (v) (1) Vacation. The process by which the City discontinues the use ry of a street, alley or easement as a public way. (2) Variance. A means of granting a property owner relief from certain provisions of this Chapter where owing to special conditions a literal enforcement of the provisions of the Chapter will result in unnecessary hardship, and so that the spirit of the Chapter shall be observed and substantial justice — done. The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa. (3) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway. i� (4) Vehicle, storage of. A vehicle or portion thereof which is parked in the same position for a period of 48 hours or more. li (w) Reserved. i I i (x) Reserved. (y) (1) Yard. A required area on a lot unoccupied by structures above i grade except for projections and the specific minor uses or structures allowed in such area under the provisions of this Chapter. A yard extends from the grade upward. (2) Yard, front. The required area across a lot between the front yard line and the street (right of way line). (3) Yard, rear. The required area from one side lot line to another side lot line and between the rear yard line and the rear lot line. (4) Yard, side. The required area from the front yard line to the rear yard line and from the side yard line to the side lot line. (5) Yard line, front. A line from one side lot line to another side lot line, parallel to the street, and as far back from the street as required in this Chapter for the front yard. (6) Yard line, rear. A line parallel to the rear lot line and as far forward from the rear lot line as required by this Chapter (see "lot line, rear"). (7) Yard line, side. A line parallel to the side lot line and as far from the side lot line as required by this Chapter. (z) (1) Zone. A portion of the City delineated on the zoning map in which requirements and development standards for the use of — land and buildings within, above or below the zone are prescribed in this Chapter. 3.349 -- ..... MICROFILMED BY. I JORM MICR+LAF3 C CEDAR RPPIDS DES MOINES 1 i 1 19 i •4 (2) Zoning Code Interpretation Panel. A staff panel designated by the City Manager to interpret the provisions of the Zoning Ordinance in such a way as to carry out its intent and purpose. (3) Zoning map. The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. -_.,._...MICROFILMEDBY._.. ......f� -, �r JORM MICR+LAE3 f - CEDAR RAPIDS • DES MOINES r �j f I l S i r i a � _ w I -_.,._...MICROFILMEDBY._.. ......f� -, �r JORM MICR+LAE3 f - CEDAR RAPIDS • DES MOINES r �j f I l S 20 ARTICLE II. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES Sec. 36-5. Interim Development Zone (ID). (a) Intent. This zone is intended to provide for areas of managed growth in which agricultural and other non -urban uses of land may continue, until such time as the City is able to provide municipal services and urban de- velopment can take place. Upon provision of municipal services, the City will and the property owner may initiate rezoning of property to uses con- sistent with the Comprehensive Plan. ID designations on the zoning map shall be reevaluated with each revision of the Comprehensive Plan. ID de- signations shall consist of ID -RS (single family residential), ID -RM (multi- family residential), and ID -ORP (office research park) to reflect the in- tended use of the property in the future. (b) Permitted uses. (1) Farms. (2) Livestock and livestock operations except livestock feed lots and confinement feeding operations. (c) Provisional uses. (1) Clubs subject to the requirements of Sec. 36-55. (2) Farm dwellings provided they are developed in accordance with the dimensional requirements of the RR -1 zone. A maximum of two (2) roomers may reside in each farm dwelling. (3) Livestock feed lots, except confinement feeding operations provided they are located not closer than one-fourth W mile to any R zone boundary. (4) Office research park (ORP) uses provided they are developed in accordance with the applicable special provisions of this zone. (5) Single family dwellings provided they are developed in accordance with the applicable special provisions of this zone. (6) Stables and kennels subject to the requirements of Sec. 36-55. (d) Special exceptions. (1) Communication towers and satellite receiving devices, provided they shall be located at least as far away from property lines as their height is above grade. (2) Public utilities. 3368 _...141CROFILMED.BY _...._.i .i JORM MICR+LAB 1 I I CEDAR RAPIDS • DES MOINES i i p, r., F3 I•a I69 i. d { S� J (e) Dimensional requirements. (1) Minimum lot area: 10 acres (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 £t. (4) Minimum yards: Front - According to the following table: Comprehensive Plan Setback Street width street classification 40 ft. 40 ft. secondary arterial 27 ft. 66 ft. secondary arterial 25 ft. 40 ft. collector or local 20 ft. 80 ft. or more secondary arterial 20 ft. 50 ft. or more collector or local Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (5) Maximum building bulk: None (f) General provisions. All principal and accessory uses permitted within. this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. Not applicable. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. Not applicable. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. 4 �._ ,�.".' ....._.. MICROFILIIE6 BY. t JORM MICR+LAB 1 2 ' CEDAR RA HOS • DES MOINES 1 336p� 22 (g) Special provisions. (1) Single family dwellings may be developed in those areas designated ID -RS on minimum lot areas of five (5) acres and at the width, frontage and yard requirements of the ID zone. (2) Office research park uses may develop in those areas designated ID -ORP in accordance with the requirements of the ORP zone. Any such uses shall be constructed to full City development — standards and shall provide approved private water and sewer facilities until such time as City services are extended to the area. _ MICROFILMED BY l JORM MIC R+L AB .CEDAR RAPIDS • OES MOINES 1 1 336ff -._ W 23 t•"'q Sec. 36-6. Rural Residential Zone (RR -1). (a) Intent. It is intended that this zone provide for areas of a rural residential character within the City which are not projected to have the utilities necessary for urban development within the foreseeable future, according to the 1983 Comprehensive Plan Update (which includes the long range and short range plans). (b) Permitted uses. (1) Detached single-family dwellings. (2) Farms. (c) Provisional uses. (1) Detached single family dwellings with a maximum of two (2) roomers provided that one (1) additional off-street parking space shall be furnished. (2) Family care facilities provided they shall not be located within one-quarter (%) mile of each other. (d) Special exceptions. (1) Clubs subject to the requirements of Sec. 36-55. (2) Public utilities. (e) Dimensional requirements._ (1) Minimum lot area: 40,000 sq. ft. (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 ft. (4) Minimum yards: Front - according to the table established in the AG Zone. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: MICROFILMED BY, .. 1... JORM MICR+LA6 { • CEDAR RAPIDS • DES MOINES l 336? 11 1 24 (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. e. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. c. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. _._ ."'. _...__.. MICROFILMED .BY...._.__•. JORM MICR+LAB CEDAR RPPIDS • DE' MOINES III 1 1 wa WR 25 k4 Sec. 36-7. Low Density Single -Family Residential Zone (RS -5). (a) Intent. It is the primary purpose of this zone to provide for single-family residential development consistent with the predominate single-family residential character of Iowa City. Development within this zone is expected to have a neighborhood orientation; therefore, parks, schools, religious institutions and neighborhood commercial facilities are expected to be located within or in close proximity to developments in this zone. Compatibility of development within this zone shall be encouraged and related non-residential uses and structures should be planned and designed to be in character with the scale and pattern of the residential development. (b) Permitted uses. (1) Detached single-family dwellings. (c) Provisional uses. (1) Detached single family dwellings with a maximum of one (1) roomer provided that one (1) additional off-street parking space shall be furnished. Two-family and multi -family dwellings, which exist as nonconforming uses, shall be permitted one (1) roomer per dwelling unit. (See "special provisions.") (2) Family care facilities provided they shall not be located within one-quarter (Z) mile of each other. (d) Special exceptions. _ (1) Child care facilities subject to the requirements of Sec. 36- 55, and provided they shall be located in a private residence in which fewer than 12 children are cared for, or in a religious institution. (2) Public utilities. (3) Religious institutions subject to the requirements of Sec. 36- 55. (e) Dimensional requirements. (1) Minimum lot area: 8,000 sq. ft. (2) Minimum lot width: 60 ft. (3) Minimum lot frontage: 35 ft. on a public street or an officially approved place. (4) Minimum yards: .. . MICROFILMED .BY..._.. JORM MICR+LAB SCEDAR RAPIDS • DES MOINES 26 Front - 20 ft. Side - 5 ft. for the first 2 stories, plus 2 ft. for each additional story. Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building Coverage - 45% Floor area ratio - none General provisions. All principal and accessory uses permitted (f) ] uses and requirements of within this zone are subject to the accessory Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. H building regulations. See Sec. 36-57. b. Accessory use and See Sec. 36-58. C. Off-street parking req uirements. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60.r f. Fence regulations. See Sec. 36-65. (2) General provisions. _See Article IV. a. Dimensional requirements. See Division I- b. Tree regulations. .See Division 2. C. Performance standards. See Division 3. i d. Nonconformities. See Division 4. (g) S ep cial Provisions. - (1) If a tract of land one acre or greater in area is being it may e evlopd at subdivided or resubdivided into lots ,dwellin bunitsepereacre a maximum gross density of five (5) g with minimum lot areas of 7,200 square feet and maximum lot areas of 15,000 square feet. (2) For those dwellings in which the number of e sshall exceeds one (1), the provisions of paragraph (c)(1) abov applicable on November 30, 1984. 3349 ^� 3 �.� �.. ... -MICROFILMED JORM MICR+LAB { - CEDAR RAPIDS • DE- MOINES 1 i I 27 Sec. 36-8. Medium Density Single -Family Residential Zone (RS -8). (a) Intent. It is primarily intended that this zone provide for the development of small lot single-family dwellings. This zone represents a relatively high density for single-family development, thus dwellings in this zone should be in close proximity to all city services and facilities, especially parks, schools and recreational facilities. Special attention should be given to landscaping and site development in this zone. Special provisions of this zone are designed to permit dwellings with no side yard to accommodate attached single family dwellings and to permit conversions of existing structures to duplexes. (b) Permitted uses. (1) Detached single-family dwellings. (c) Provisional uses. (1) Duplexes provided they shall be developed in accordance with the dimensional requirements of the RM -12 Zone and that the minimum lot area is 8700 square feet and the minimum lot area per unit is 4350 square feet. (2) Family care facilities provided they shall not be located within one-quarter ('y) mile of each other. (3) Single-family and two-family dwellings with a maximum of one (1) roomer in each dwelling unit provided that one (1) additional off-street parking space per unit shall be furnished. Multi -.family dwellings, which exist as nonconforming uses, shall be permitted one (1) roomer per dwelling unit. (See "special provisions.") (4) Zero lot line dwellings and townhouses, provided they shall be developed in accordance with Sec. 36-55. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institutions subject to the requirements of Section 36-55. (4) Schools - generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 5,000 sq. ft. (2) Minimum lot width: 45 ft. .. MICROFILMED BY t JORM MICR¢LAO } - CEDAR R4105 • DES MOINES 33(OF ..., MICROFILMED BY, l JORM MICR+LAB 1 S CEDAR RAP! • DES MOINES N 28 (3) Minimum lot frontage: 25 ft. on a public street or an officially approved place. (4) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story; or for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft. or for townhouses, 0 ft. or 10 ft. Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - 40% _ Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. ! a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. ! " C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) If a tract of land one acre or greater in area is being subdivided or resubdivided into lots, it maybe developed at a maximum gross density of eight (8) dwelling units per acre with minimum lot areas of 4,000 square feet and maximum lot areas of 7,500 square feet. Lots less than 5,000 square feet in area shall be developed with one wall of the dwelling unit having a zero side yard. ..., MICROFILMED BY, l JORM MICR+LAB 1 S CEDAR RAP! • DES MOINES N i 1 1 Ip f I"a �H S I i i � I I, i f. J 29 6 i (2) For those dwellings in which the number of roomers exceeds one (1), the provisions herein shall become applicable on November 30, 1984. .�.._...,1411RO.]LMED..BY. .__..___�.., JORM MICR+LA9 1 ' CEDAR RAPIDS - DES MOINES 3 I a 30 Sec. 36-9. Manufactured Housing Residential (RMH) Zone. (a) Intent. The Manufactured Housing Residential (RMH) Zone is designed to permit the location and development of mobile homes and modular homes, which may not normally comply with the building, electrical, plumbing or housing codes, within designated areas of the community. Provision is made in the RMH Zone to allow such residences to be placed within mobile home parks or upon individual subdivided lots. (b) Permitted uses. (1) Manufactured housing. (c) Provisional uses. (1) Family care facilities provided they shall not be located within one-quarter ('k) mile of each other. (2) Manufactured housing with a maximum of one (1) roomer provided that one (1) additional off-street parking space shall be furnished. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institutions subject to the requirements of Sec. 36- 55. (4) Schools - generalized private instruction (e) Dimensional requirements. (1) Minimum lot area: 4,000 sq. ft. (2) Minimum lot width: 35 ft. (3) Minimum lot frontage: 20 ft. on a public street or an officially approved place (4) Minimum yards: I Front - 20 ft. Side - 5 ft. Rear - 20 ft. or 30 ft. at RMH Zone boundary - (5) Maximum building bulk: Height - 25 ft. Building coverage - 40% Floor area ratio - None ....,-..MICROFILMED BY .. .... l JORM MICR+LAS l -CEDAR RAPIDS DES MOINES t f I w F+W 31 rovisions. All principal and accessory uses permitted (f) General P subject to the requirements of Articles III within this zone are and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory uses and building regulations. See Sec. 36-57, C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division I- b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Noaconformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned RMH be less than 10 acres. (2) Manufactured housing parks shall comply with the provisions of Chapter 22 of the Code of Ordinances and the provisions of the Code of Iowa. .fir'--`--. __... .......... JORM MICR+LAB ]J? -CEDAR RAPIDS • DES MOINES 3348 1 I { I 1 C� t i' i y 31 rovisions. All principal and accessory uses permitted (f) General P subject to the requirements of Articles III within this zone are and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory uses and building regulations. See Sec. 36-57, C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division I- b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Noaconformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned RMH be less than 10 acres. (2) Manufactured housing parks shall comply with the provisions of Chapter 22 of the Code of Ordinances and the provisions of the Code of Iowa. .fir'--`--. __... .......... JORM MICR+LAB ]J? -CEDAR RAPIDS • DES MOINES 3348 1 32 Sec. 36-10. High Density Single -Family Residential Zone (RS -12). (a) Intent. It is intended that this zone provide for the development of single family dwellings and duplexes at a high density of development in older portions of the community. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers in single family dwellings and two (2) roomers in each dwelling unit in duplexes, provided that additional off-street parking spaces shall be furnished at the ratio of one-half (k) space per roomer. Multi -family dwellings, which exist as nonconforming uses, shall be permitted two (2) roomers per dwelling unit. (See "special provisions.") (2) Family care facilities provided they shall not be located within one-quarter ('k) mile of each other. (3) Zero lot line dwellings and townhouses provided they shall be developed in accordance with Sec. 36-55. (d) Special exceptions. _ (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institutions subject to the requirements of Sec. 36- 55. (4) Schools - generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 5,000 sq. ft. (2) Minimum lot area per unit: 3,000 sq. ft. (3) Minimum lot width: 45 ft. (4) Minimum lot frontage: 25 ft. on a public street or an officially approved place MICROFILMED. BY JORM MICR+LAF3 CEDAR RAPIDS • DES MOINES t I 33 G f �_. ... —I (5) Minimum yards: Front - Side 33 20 ft. 5 ft. for the first 2 stories plus 2 ft. for each additional story; for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft.; or for townhouses, 0 ft. or 10 ft. Rear - 20 ft. (6) Maximum building bulk: 35 ft. Height - Building coverage - 40% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions.. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Noaconformities. See Division 4. (g) Special provisions. (1) For those dwellings in which the number of roomers exceeds the number permitted in paragraph (c)(1) above, the provisions of this paragraph shall become applicable on November 30, 1984. MICROFILMED BY _...� JORM MIC { -CEDAR RKNOS DES I101NE5 11 t I J 33600 't' J i y � t 1 LJ (5) Minimum yards: Front - Side 33 20 ft. 5 ft. for the first 2 stories plus 2 ft. for each additional story; for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft.; or for townhouses, 0 ft. or 10 ft. Rear - 20 ft. (6) Maximum building bulk: 35 ft. Height - Building coverage - 40% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions.. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Noaconformities. See Division 4. (g) Special provisions. (1) For those dwellings in which the number of roomers exceeds the number permitted in paragraph (c)(1) above, the provisions of this paragraph shall become applicable on November 30, 1984. MICROFILMED BY _...� JORM MIC { -CEDAR RKNOS DES I101NE5 11 t I J 33600 I 34 Sec. 36-11. Low Density Multi -Family Residential Zone (RM -12). u (a) Intent. It is intended that this zone provide for a high density of single family residential development and a low density of multi- family residential development. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (3) Multi -family dwellings. (c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family 1 dwellings and duplexes, additional off-street parking spaces s shall be furnished at the ratio of one-half (') paceper roomer. (2) Family care facilities provided they shall not be located within one-quarter ($) mile of each other. (3) Rooming houses, provided that the total,floor area shall not ` each exceed 30square here shallet be at 5 square feet of lot area least 100 andthatsquare feet of floor area for each roomer. _ (4) Transient housing provided that there is at least 750 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. _ (5) Zero lot line dwellings and townhouses provided they shall be developed in accordance with the requirements of Sec. 36-55. (d) Special exceptions. (1) Cemeieries and mausoleums subject to the requirements of Sec. _ 36-55. (2) Child care facilities subject to the requirements of Sec. 36- 55. (3) Funeral homes subject to the requirements of Sec. 36-55. (4) Group care facilities provided that there is at least 750 square feet of lot area for each occupant. (5) Public utilities. _. (6) Religious institutions subject to the requirements of Sec. 36- 55. 33af �.. ... MICROFILMED BY.. JORM MICR+LAB t - CEDAR APAIDS DES IdDINES i i 1. _ .. ... 1 35 (7) Schools - generalized private instruction. (e) Dimensional requirements. The following table of dimensional requirements shall be applicable to the uses of this zone. Single-family Single-family Town- Duplexes &--'Multi- (non "Multi(non 0 -lot line) (0 -lot line) houses other uses Family (1) Min. lot area: 4000 sf 3000 sf 3000 sf 6000 sf 8175 sf (2) Minimum lot area per unit: 4000 sf (3) Min. lot width: 35 ft (4) Min. lot frontage on 20 ft 3000 sf 3000 sf 3000 sf 20 ft 18 ft 45 ft 20 ft 18 ft 35 ft 2725 sf 60 ft 40 ft ` a public street or an ` officially approved place. 1 ' (5) Min. yards: f ry Front - 20 ft 20 ft 20 ft 20 ft 20 ft I — I v Side - 5 ft. for the first 2 stories plus 2 ft. for each additional — story; for townhouse units, 0 ft. or 10 ft.; and for zero lot line dwellings, 1 at 0 ft. and the other at 10 ft. -' Rear - 20 ft 20 ft 20 ft 20 ft 20 ft J (6) Max. building bulk: _ I _ I Height - 35 ft 35 ft 35 ft 35 ft �I Building coverage - 50% 50% 50% 50% Floor area ratio - None None None None a j (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. - i a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. {r- --------------- _....,_MICROFILMED BY.. JORM MICR+LAB -CEDAR RAP IDS DES MOINES I I 35 ft I 50% None 33G� •,1 36 F""^ C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. ..-,MICROFILMED BY.. JORM MICR+LAE3 i CEDAR RAPIDS • DES MOINES ! 1 t 33G� i ,. i i _ 1 ! �1 j r Ll � I r 1.Y � I V i I i f 1 - 36 F""^ C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. ..-,MICROFILMED BY.. JORM MICR+LAE3 i CEDAR RAPIDS • DES MOINES ! 1 t 33G� i ,. 37 Sec. 36-12. Medium Density Multi -Family Residential Zone (RM -20) (a) Intent. It is the Durpose of this zone to provide for the development of medium density multi -family housing in areas suitable for this density and to serve a market demand for this type of housing. This zone is particularly well suited to locations adjacent to neighborhood activity centers and should have good access to all city services and facilities. (b) Permitted uses. (1) Multi -family dwellings. (c) Provisional uses. (1) Detached single family dwellings subject to the dimensional requirements of the RS -12 zone. (2) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half (k) space per roomer. (3) Duplexes provided they shall be developed in accordance with the dimensional requirements of the RM -12 zone, except that the minimum lot area shall be 3600 square feet and the minimum j lot area per unit 1800 square feet. I (4) Family care facilities provided they shall not be located within one-quarter (Z) mile of each other. (5) Fraternity/sorority houses, provided there shall be 545 square feet of lot area for each person residing on the premises. (6) Nursing homes subject to the requirements of Sec. 36-55. (7) Religious institutions subject to the requirements of Sec. 36- 55. (8) Rooming houses, provided that the total floor area shall not exceed 330 square feet for each 1800 square feet of lot area. and that there shall be at least 100 square feet of floor area for each roomer. (9) Townhouses and zero lot line dwellings subject to the requirements of Sec. 36-55, provided they are developed in accordance with the dimensional requirements of the RM -12 Zone, except that each unit shall have a minimum lot area of 1800 square feet. (10) Transient housing provided that there is at least 550 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. yy I it .MICROFILMED BY t JORM MICR+LAB �1 { �CEOAR RAN OS - DES MOINES - 1 3 3G8 I 44 i " 38 (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of Sec. 36-55. (2) Child care facilities subject to the requirements of Sec. 36- 55. (3) Clubs. (4) Elderly housing. (5) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. (6) Public utilities. (7) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 1,800 sq. ft. (3) Minimum lot width: 60 ft. (4) Minimum lot frontage: 35 ft. on a public street or an - officially approved place (5) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 45% .._.___.MICROFILMED BY. JORM MICR+LA19CEDAR RAPIDS - DES MOINES I 33 (0 D i ■ la. I it 4 pv x r, k I II ..I i 38 (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of Sec. 36-55. (2) Child care facilities subject to the requirements of Sec. 36- 55. (3) Clubs. (4) Elderly housing. (5) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. (6) Public utilities. (7) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 1,800 sq. ft. (3) Minimum lot width: 60 ft. (4) Minimum lot frontage: 35 ft. on a public street or an - officially approved place (5) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 45% .._.___.MICROFILMED BY. JORM MICR+LA19CEDAR RAPIDS - DES MOINES I 33 (0 D i ■ 39 Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. �— _.__..MICROFILMED BY_.._._._..'. JORM MICR+LAE3 f j� CEDAR Rh IOS • DES MOINES 334,9' Y 4 V w_1 pi I Sec. 36-13. Neighborhood Conservation Residential Zone (RNC -20) w (a) Intent. It is the purpose of this zone to preserve the character of existing neighborhoods and is designed to prevent existing 1' multi -family uses within the neighborhood from becoming nonconforming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses. (1) Detached single family dwellings. - (2) Duplexes. (3) Multi -family dwellings. (c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half ('k) space per - - — i roomer. (2) Family care facilities provided they shall not be located within one-quarter ('y) mile of each other. IM (3) Fraternity/sorority houses, provided there shall be 545 square s feet of lot area for each person residing on the premises. (4) Nursing homes subject to the requirements of Sec. 36-55. j (5) Religious institutions subject to the requirements of Sec. 36- I.1 (6) Rooming houses provided that the total floor area shall not S II exceed 330 square feet for each i 1800 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. { J (7) Transient housing provided that there is at least 550 square feet of lot area for each permanent resident and 200 square feet i for each, temporary resident. J (d) Special exceptions. t (1) Child care facilities subject to the requirements of Sec. 36-55. (2) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. (3) Public utilities. _ (4) Schools - generalized private instruction. 338 .. __.MICROFILMED BY. JORM MICR+LA9 -CEDAR RA PIOS • DEC MOINES 41 (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 1800 sq. ft. (3) Minimum lot width: 40 sq. ft. (4) Minimum lot frontage: 25 sq. ft. on a public street or an officially approved place (5) Minimum yards Front 20 ft. Side 5 ft. for the first story plus 2 ft. for each additional story Rear 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage 45% i. Floor area ratio None (f) General-provisions.All- principal and accessory uses permitted within this subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. J a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. 111CROFILMED BY JORM MICR+LAB fi CEDAR RhIOS - BE- MOINES 1 i i i n I ' I i i J I i . � 42 C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) All uses or buildings which were conforming prior to December 13, 1982, shall be construed to be conforming under the terms of this ordinance. Any building containing a conforming use may be torn down and rebuilt provided it does not exceed its present density or the density of this zone, whichever is greater, and is in conformance with all other provisions of this ordinance. (2) Any conforming building containing a conforming use which has been destroyed or damaged by fire, explosion, act of God or a public enemy may be rebuilt to its present state. (3) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. ...MICROFILMED BY .' JORM MICR+LAB f CEDAR RAPIDS • DEC MOINES 1 336F ••li 43 i Sec. 36-14. High Density Multi -Family Residential Zone (RM -44). (a) Intent. It is intended that this zone establish areas for the yl development of high density multi -family dwellings and group living quarters. Additionally, it is intended that this zone be located near an arterial street for proper access. Due to the different types of uses permitted within the zone, careful attention to site design and development is expected to assure that all uses are mutually compatible. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single and two family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. — (2) Multi -family dwellings. (c) Provisional uses. (1) Family care facilities provided they shall not be located _ within one-quarter ('k) mile of each other. (2) Fraternity/sorority houses, provided there shall be 303 square feet of lot area for each person residing on the premises. ; (3) Nursing homes subject to the requirements of Sec. 36-55. (4) Religious institutions subject to the requirements of Sec. 36- 55. (5) Rooming houses provided the total floor area shall not exceed i 330 square feet for each 1000 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (6) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilites. (5) Schools - generalized private instruction. 33 6 F - . MICROFILMED BY�� ' l JORM MICR+LAIB }t{ CEDAR R4NDS • DES MOVIES 1+ L I ) 4• 44 (e) Dimensional requirements. (1) Minimum lot area: (2) Minimum lot area per unit: (3) Minimum lot width: (4) Minimum lot frontage: (5) Minimum yards: Front - Side - 5000 sq. ft. 1,000 sq. ft. None. 35 ft. on a public street or an officially approved place 20 ft. 5 ft for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum i Height - 35 ft. Building coverage - 4O% I Floor area ratio - None I I I i I — J 44 (e) Dimensional requirements. (1) Minimum lot area: (2) Minimum lot area per unit: (3) Minimum lot width: (4) Minimum lot frontage: (5) Minimum yards: Front - Side - 5000 sq. ft. 1,000 sq. ft. None. 35 ft. on a public street or an officially approved place 20 ft. 5 ft for the first 2 stories plus 2 ft. for each additional story .. .•.,..__.....MICROF I LMED.BY I` JORM MICR -CEDAR Rhl DS • DE.- MOINES � I .33(0Ce •.i Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 4O% Floor area ratio - None (f) General provisions. A11_ principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. .. .•.,..__.....MICROF I LMED.BY I` JORM MICR -CEDAR Rhl DS • DE.- MOINES � I .33(0Ce •.i r"y .- 45 C. Performance standards. See Division 3. d. Honconformities. See Division 4. (g) Special provisions. — (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. MICROFILI1E0 L7 ._I JORM MICR+LAE3 r ' CEDAR RAPIDS • DES MOINES I (c) Provisional uses. (1) Elderly housing subject to the requirements of Sec. 36-55. (2) Low-rise multifamily dwellings provided they are developed in accordance with the dimensional requirements of the RM -44 Zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 Zone provided they are located on the ground level or below in a high-rise multi -family dwelling. (d) -Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilities. (5) Religious institutions. (6) Restaurants. (7) Schools - generalized private instruction. • .MICROFILMED BY JORM MIC R�L4B r CEDAR RPPIDS - DES MOIRES 1 334&F 4 1 ^. 46 u Sec. 36-15. High Rise Multi -Family Residential Zone (RM -145). (a) Intent. It is the purpose of this zone to provide for a mix of uses — which are suited to a very high intensity residential environment. It is ' intended that this zone provide an efficient arrangement of land uses by providing convenience to its residents. While special attention to design — is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special _ attention must be directed to providing a pleasant, safe and efficient -- pedestrian environment. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) _ I roomers residing in each dwelling unit. Single and two family � i dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) High-rise multi -family dwellings. (4) Transient housing. (c) Provisional uses. (1) Elderly housing subject to the requirements of Sec. 36-55. (2) Low-rise multifamily dwellings provided they are developed in accordance with the dimensional requirements of the RM -44 Zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 Zone provided they are located on the ground level or below in a high-rise multi -family dwelling. (d) -Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilities. (5) Religious institutions. (6) Restaurants. (7) Schools - generalized private instruction. • .MICROFILMED BY JORM MIC R�L4B r CEDAR RPPIDS - DES MOIRES 1 334&F 4 1 ' A 1 1 ), I ;a 3 _ I � i IJ (c) Provisional uses. (1) Elderly housing subject to the requirements of Sec. 36-55. (2) Low-rise multifamily dwellings provided they are developed in accordance with the dimensional requirements of the RM -44 Zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 Zone provided they are located on the ground level or below in a high-rise multi -family dwelling. (d) -Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilities. (5) Religious institutions. (6) Restaurants. (7) Schools - generalized private instruction. • .MICROFILMED BY JORM MIC R�L4B r CEDAR RPPIDS - DES MOIRES 1 334&F 4 1 47 (e) Dimensional requirements. (1) Minimum lot area: (2) Minimum lot area per unit: (3) Minimum lot width: (4) Minimum lot frontage: (5) Minimum yards: Front - Side - Rear - 5000 sq. ft. 300 sq. ft. None. 35 ft. on a public street or an officially approved place None. 5 feet or 0 feet for walls without windows facing the side yard. 5 feet or 0 feet for walls without windows facing the rear yard. (6) Minimum open space per dwelling unit: None. (7) Maximum building bulk: Height - _ None. Building coverage - None. Floor area ratio - None. (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article.III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. ...MICROFILMED OY.~'�.�� JORM MICR+LAB CEDAR RPRIDS • DES MOINES L j ,33GP r-� T i i ii f 171 iJ 48 r (2) General provisions. See Article IV. a. Dimensional requirements. See Division I. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Except along boundaries where adjacent zones permit buildings higher than 35 feet, no portion of any building in the RM -145 zone shall project through an imaginary plane leaning inward from 35 feet above zone boundaries at an angle representing an increase of one (1) foot of height for each foot of horizontal distance perpendicular to the boundary. Where existing land in abutting zones is developed with open spaces at the boundary, such as street right-of-way, the open space may be included in meeting the horizontal distance requirement. (2) Religious: institutions which existed on August 7, 1962, may expand without compliance with -the dimensional requirements or the off-street parking requirements. Sec. 36-16.Reserved. �_.. .,.141CROFILMED. BY__.... __'.... JORM MICR¢LAB .CEDAR RPRIDS • DES MOINES i 9 s 338 F 111CRO IL M BY "L' JORM MICR+LAB 4 .CEDAR RA . P105 • BE.' MOINES 49 Sec. 36-17. Commercial office Zone (CO -1). (a) Intent. The Commercial Office Zone (CO -1) is intended to provide specific areas where office functions, compatible businesses, apartments and certain public and semi-public uses may be developed. The CO -1 Zone can serve as a buffer between residential and more intensive commercial or industrial areas. (b) Permitted uses. (1) Clubs. (2) Copy services. (3) Florist shops. (4) Hospitals. Meeting halls. (6) Nursing homes. (7) Office, buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintaine& for sale to customers except for those retail establishments specifically allowed in this zone. Any office use shall be permitted excepting.the following: a. Drive-in facilities. b. Small animal clinics. (8) Optical, prosthetics, medical and dental supply stores, limited to retail sales. (9) Pharmacies limited to the retail sale of drugs and pharmaceutical products. (c) Provisional uses. (1) Dwellings located above or below the ground floor of another principal use permitted in this zone provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each unit. (2) Religious institutions subject to the requirements of Sec. 36- 55. (3) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident -and 200 square feet for each temporary resident. 33(W F 111CRO IL M BY "L' JORM MICR+LAB 4 .CEDAR RA . P105 • BE.' MOINES �_.. r's/• MICROFILM. BY .. t JORM MIC R�LAB ! CEDAR A61DS • OEC Id01RE5 50 w (d) Special exceptions. (1) Barber shops and beauty parlors, laundromats, and laundry and dry cleaning pick-up and delivery services. (2) Child care facilities. (3) Communication stations and studios. (4) Drive-in facilities associated with financial institutions. (5) Funeral homes subject to the requirements of Sec. 36-55. (6) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (7) Public utilities. (8) Restaurants. (9) Schools - specialized private instruction. t (e) Dimensional requirements. (1) Minimum lot area: None _. (2) .Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: - Front: 20 ft. Side: None Rear: None (5) Maximum building bulk: Height: 25 ft. Lot coverage: None iFloor area ratio: 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, — the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. �_.. r's/• MICROFILM. BY .. t JORM MIC R�LAB ! CEDAR A61DS • OEC Id01RE5 51 e. Sign regulations. See Sec. 36-60. f- Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. (2) Hospitals which existed on August 7, 1962, shall be exempt from and may expand without compliance with the dimensional requirements. � .. .. .._..111LROFILMEN.;Y,`___-7! � JORM- MIOR+LAB l R CEDAR 111I05 •OE: MOINES r I + r i i I � I L, ,i M Ia y. 52 Sec. 36-18. Neighborhood Commercial Zone (CN -1). (a) Intent. The Neighborhood Commercial Zone (CN -1) is intended to permit the development of retail sales and personal services required to meet the needs of a fully developed residential neighborhood. Stores in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw community -wide patronage. In general, the CN -1 Zone is intended for the grouping of small retail businesses which are relatively nuisance - free to surrounding residences. The location and development of neighborhood commercial sites should follow the criteria set forth for such sites in the Comprehensive Plan. (b) Permitted uses. (1) Barber shops and beauty parlors, laundromats, and laundry and dry cleaning pick-up and delivery services. (2) Drugstores, florist shops and variety stores. (3) Financial institutions. (4) Grocery stores including specialty food such as bakery and delicatessen goods. (c) Provisional uses. (1) None. (d) S ep cial.exceptious. _ (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Drive-in facilities for financial institutions. (3) Dwellings located above or below the ground floor of another principal use permitted in thiszone, provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (4) Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (5) Public utilities. (6) Religious institutions. (7) Restaurants. (8) School - specialized private instruction. MICROFILMED BY _ 1 JORM MICR+LAE3 4 CEDAR RAMOS • DES MOVIES I I J 336f �_.. IJ ! un f' i 1! — ' i 1 _ I I L, ,i M Ia y. 52 Sec. 36-18. Neighborhood Commercial Zone (CN -1). (a) Intent. The Neighborhood Commercial Zone (CN -1) is intended to permit the development of retail sales and personal services required to meet the needs of a fully developed residential neighborhood. Stores in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw community -wide patronage. In general, the CN -1 Zone is intended for the grouping of small retail businesses which are relatively nuisance - free to surrounding residences. The location and development of neighborhood commercial sites should follow the criteria set forth for such sites in the Comprehensive Plan. (b) Permitted uses. (1) Barber shops and beauty parlors, laundromats, and laundry and dry cleaning pick-up and delivery services. (2) Drugstores, florist shops and variety stores. (3) Financial institutions. (4) Grocery stores including specialty food such as bakery and delicatessen goods. (c) Provisional uses. (1) None. (d) S ep cial.exceptious. _ (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Drive-in facilities for financial institutions. (3) Dwellings located above or below the ground floor of another principal use permitted in thiszone, provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (4) Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (5) Public utilities. (6) Religious institutions. (7) Restaurants. (8) School - specialized private instruction. MICROFILMED BY _ 1 JORM MICR+LAE3 4 CEDAR RAMOS • DES MOVIES I I J 336f �_.. 53 (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 25 ft. — Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. -- f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. — a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. — d. Nonconformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned CN -1 be less than three (3) acres nor more than seven (7) acres. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. 33��1 �.... ,. :.-.MICROFILPED BY. ...�. ... t JORM MICR¢LAB t -CEDAR RP PIDS • DES MOINES 54 Sec. 36-19. Community Commercial Zone (CC -2). (a) The Community Commercial Zone (CC -2) is intended to provide for major business districts to serve a major segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators that require access from major thoroughfares. While these centers are usually characterized by indoor operations, certain per- mitted uses may have limited outdoor activities as specified. (b) Permitted uses. (1) Business and personal service establishments except drive-in facilities. (2) Clubs. (3) Meeting halls. (4) Office uses allowed in the CO -1 Zone. (5) Retail establishments, including restaurants, except those uses listed as special exceptions. (6) Theaters. (c) Provisional uses. (1) Transient housing provided that there is at least 300 square feet of lot area fnr each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Auto and truck oriented uses. (2) Cemeteries. (3) Child care facilities. (4) Commercial recreational uses. (5) Dwellings located above or below the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (6) Funeral homes subject to the requirements of Sec. 36-55. (7) Public utilities. (8) Religious institutions. -.MICROFILMED DY. JORM MICR¢LAB ` J{i CEDAR RAPIDS - DE.- MOINES 1 i � w i i ` s F Y F � r. j rw ! ,M 54 Sec. 36-19. Community Commercial Zone (CC -2). (a) The Community Commercial Zone (CC -2) is intended to provide for major business districts to serve a major segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators that require access from major thoroughfares. While these centers are usually characterized by indoor operations, certain per- mitted uses may have limited outdoor activities as specified. (b) Permitted uses. (1) Business and personal service establishments except drive-in facilities. (2) Clubs. (3) Meeting halls. (4) Office uses allowed in the CO -1 Zone. (5) Retail establishments, including restaurants, except those uses listed as special exceptions. (6) Theaters. (c) Provisional uses. (1) Transient housing provided that there is at least 300 square feet of lot area fnr each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Auto and truck oriented uses. (2) Cemeteries. (3) Child care facilities. (4) Commercial recreational uses. (5) Dwellings located above or below the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (6) Funeral homes subject to the requirements of Sec. 36-55. (7) Public utilities. (8) Religious institutions. -.MICROFILMED DY. JORM MICR¢LAB ` J{i CEDAR RAPIDS - DE.- MOINES 1 55 �.. _.. . MICROFILMED BY ` JORM MICR4�LAB 4 CEDAR RAPIDS • DES MOINES f 33loi A (9) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None I (2) Minimum lot width: None (3) Minimum lot frontage: None e (4) Minimum yards: j Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: - Height - 35 ft. Lot coverage - None Floor area ratio - 2.0 M, (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements.. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. r j C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. ! e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. c. Performance standards. See Division 3. �.. _.. . MICROFILMED BY ` JORM MICR4�LAB 4 CEDAR RAPIDS • DES MOINES f 33loi A 56 d. Nonconformities. See Division 4. (g) S ecial provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. _. ,.,..._ _111CROE, ILMED.BY____:.__.� _. JORM MICR¢LAB 4 •CEDAR RA P?DS DES MOINES 71 I E 1 i t I I M +'. i 9 f i i J J 1 � } I � i � r i 1 56 d. Nonconformities. See Division 4. (g) S ecial provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. _. ,.,..._ _111CROE, ILMED.BY____:.__.� _. JORM MICR¢LAB 4 •CEDAR RA P?DS DES MOINES 71 I 57 — Sec. 36-20. Central Business Service Zone (CB -2). (a) Intent. The Central Business Service Zone (CB -2) is intended to allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, and to enhance the pedestrian orientation of the central business district by providing suitable, peripheral locations for auto -oriented commercial and service uses. This zone is intended to accommodate mixed land uses and requires that the intensity of use be less than that permitted in the CB -10 zone. (b) Permitted uses. (1) Auto and truck oriented uses. (2) Hotels, motels and convention facilities (3) Permitted uses of the CB -10 Zone. (4) Transient housing. (c) Provisional uses. _ (1) Dwellings located above or below the ground floor of another principal use permitted in this zone, provided they are developed in accordance with the dimensional requirements of the RM -145 Zone. A maximum of three (3) roomers may reside in each dwelling unit. (2) Elderly housing subject to the requirements of Sec. 36-55. (d) Special Exceptions. (1) Child care facilities. (2) Clubs. (3) Commercial recreational uses. (4) Public utilities. (5) Religious institutions. - (6) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None l MICRDFllNED aY { JO FtM MIQR4LAB 1(f •CEDRR RPP?DS DES MOINES 1 � i L_ 58 (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - None Side - None Rear - None (5) Maximum building bulk: Height - 100 ft. Lot coverage - None Floor area ratio - 2.0 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and 'IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) S ecial provisions. (1) Religious institutions which existed on August 7, 1962, may expand, without compliance with the off-street parking requirements. _..� ...MICROEILMED.DY� t JORM MICR+LAB t � CEDAR RAPIDS • DES MOINES i i 6 59 Sec. 36-21. Central Business Zone (CB -10). (a) Intent. The Central Business Zone is intended to be the high density, compact, pedestrian oriented shopping, office, service, and entertainment area in Iowa City. Development and redevelopment within this zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas, or pedestrian ways. The zone is intended to accommodate a wide range of retail, service, office and residential uses. Auto oriented uses, as defined in this Chapter, are not permitted except as otherwise provided. Consolidated off-street loading and service facilities should be provided wherever practical with access to be provided from public service alleys or courts. It is intended that j off-street parking facilities be publicly provided and off-street accessory parking be allowed only as a provisional use. Because of the _ proximity to the University of Iowa, residential development above the ground floor in this district is encouraged as a provisional use. M (b) Permitted uses. (1) Business and personal service establishments, except drive-in facilities. (2) Meeting Halls. (3) Office uses allowed in the CO -1 Zone. (4) Retail establishments, including restaurants, except drive-in _ " facilities. (5) Theaters. i (6) Transient housing. - (c) Provisional uses. (1) Dwellings provided they are located above the ground floor of _ another principal use permitted in this zone. Three (3) j roomers may reside in each dwelling unit. i } (2) Elderly housing subject to the provisions of Sec. 36-55. (3) Hotels or motels provided that parking spaces shall be in _ accordance with Sec. 36-58. (4) Wholesale establishments in conjunction with retail L establishments. (d) Special exceptions. 3349 �.. _.. .., MICROFILMED BY t JORM MICR#LAB CEDAR RAPIDS • DES MOINES � 1 e T 60 (1) Child care facilities. (2) r, (3) Commercial recreational uses. i i y Public utilities. (6) Religious institutions. 60 .��.. _ IIICROFILMED BY ' JORM MICR+LA9 i -CEDAR RAPIDS • BE" MOINES 3368 (1) Child care facilities. (2) Clubs. (3) Commercial recreational uses. (4) Off-street parking subject to the provisions of Sec. 36-58. (5) Public utilities. (6) Religious institutions. (7) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - None Side - None Rear - None (5) Maximum building bulk: Height - None Lot coverage - _ None Floor area ratio - 10.0 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. .��.. _ IIICROFILMED BY ' JORM MICR+LA9 i -CEDAR RAPIDS • BE" MOINES 3368 61 a. Dimensional requirements. See Division 1. b. Tree regulations. Not applicable. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) The floor area ratio may exceed 10, up to and including 12, for any lot for which a use provides off-street loading _ meeting the requirements of Sec. 36-59; or (2) The floor area ratio may exceed 10, up to and including 12, for any lot on which a use provides for a pedestrian plaza that abuts 7- a a public street or pedestrian mall and that has an area equal to or greater than 20 percent of the lot area. MICROFILMED DY DORM MICR+LAB E1 CEDAR R4105 • DES MOINES I 1 I j i 62 P"_A Sec. 36-22. Highway Commercial Zone (CH -1). (a) The Highway Commercial Zone (CH -1) is intended to permit development of service uses relating to expressways or other locations along major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available to the thoroughfare user. (b) Permitted uses. (1) Auto and truck oriented uses. (2) Commercial recreational facilities. (3) Hotels, motels and convention facilities. (4) Office uses allowed in the CO -1 Zone. (5) Restaurants. (6) Transient housing. (c) Provisional uses. (1) Retail establishments when associated with the uses allowed in this zone, provided not'more than 50% of the total ground floor area shall be devoted to the retail display of merchandise. (d) Special exceptions. (1) Dairy products processing and packaging. (2) Public utilities. (3) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: 100 ft. (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None 4 �_.. �.�.,....._.....MICROFILMED-OY-.._.._._..�. t JORM MICR+LAB 1 4 CEDAR RAPIDS • DES 140INES 1 i 63 — (5) Maximum building bulk: Height None j Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: _ (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions: 'See Article IV. a. Dimensional requirements. See Division 1. j b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. t _ ,•. MICROFILMED BY ' ` JORM MICR+LA9 I CEDAR RAPIDS IE' MOINES 1 i 64 Sec. 36-23. Commercial Zone (CI -1). (a) Intent. The Intensive Commercial Zone (CI -1) is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and recreational activities, or by activities or operations conducted in buildings or structures not completely enclosed. Special attention must be directed toward buffering the negative aspects of these uses upon any residential uses. (b) Permitted uses. (1) Auto and truck oriented uses. (2) Building contractor facilities, yards and pre -assembly yards. (3) Clubs. (4) Commercial recreational facilities. (5) Computer supply stores. (6) Equipment rental agencies. (7) Farm implement dealers. (8) Food lockers. (9) ' Furniture and carpeting stores. (10) Hardware and building supply stores. (11) Lumber yards, and building supply establishments and yards. (12) Marine equipment and supply. (13) Meeting halls. (14) Merchandise and product supply centers but not including the retail sale of merchandise on premises. (15) Office uses allowed in the CO -1 zone. (16) Plant nurseries and florist shops. (17) Printing and duplicating operations. (18) Repair shops. (19) Restaurants. (20) Wholesale trade and warehouse establishments for the goods listed in the I-1 zone. T.•,� MICROFILMED BY l JORM MICROLAB - CEDAR R41 -10S • DEC MOIRES III I ' j W 1 65 (c) Provisional uses. (1) Funeral homes subject to the requirements of Sec. 36-55. (2) Kennels and veterinary establishments provided they are not located within 200 feet of an R zone. - (3) Retail establishments other than listed when associated with the uses allowed in this zone provided that not more than 50% of the total ground floor area shall be devoted to the retail display of merchandise. (4) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Adult businesses, such as massage parlors and other similar establishments which feature nude dancers or models, provided they shall not be located within 500 feet of a restaurant or another adult business. (2) Cementitious concrete batch/mix plants. - (3) Dwellings located above the ground floor of another principal use permitted in this zone, provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers .may reside in each dwelling _ unit. (4) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (5) Public utilities. (6) Schools - specialized private instruction. . (e) Dimensional requirements. - (1) Minimum lot area: None (2) - Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: - Front - 20 ft. Side - None Rear - None _ �.. _._. MICROFILMED BY _. _....' _. 1 JORM MICR+LAB l { -CEDAR WOOS • DES MOINES f + I i 336 $ - 1 r- i Height - 35 ft. Lot coverage - None i hJ Floor area ratio - 1 3 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions i I Ji 1-11 66 (5) Maximum building bulk: Height - 35 ft. Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. sa. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Noncoaformities. See Division 4. (g) Special provisions. None. Sec. 36-24 reserved. ._....111CROFILM ED BY DORM MIGR+LAB f CEDAR RP PI DS • DES MOINES I 67 Sec. 36-25. Office and Research Park Zone (ORP). (a) Intent. It is intended that this zone provide areas for the development of large office, research and similar uses. The requirements of this zone provide protection for uses within the zone to adjacent land uses and for adjacent more restrictive uses. Hotels, motels and similar _ uses should be located along the periphery of the zone or in such other locations that do not adversely effect the setting and quality of development for the permitted uses of this zone. - (b) Permitted uses. (1) Data processing and computer operations. (2) Merchandise and product display centers, but not including the retail sale of merchandise on premises. (3) Offices including business, educational, governmental, industrial or professional offices. (4) Research,.testing, and experimental laboratories. (c) Provisional uses. (1) None. (d) Special exceptions. _ (1) Communication stations, centers, studios and towers provided that towers shall be located at least as far away from lot _ lines as their height above grade. (2) Heliports and helistops subject to the requirements of Sec. ! 36-55. _ (3) Hotels, motels, and convention centers, including restaurants. (4) Public utilities. _ (e) Dimensional requirements. (1) Minimum lot area: 7 acres (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Required yards: Front - 150 ft. Side - 100 ft. — Rear - 100 ft. MICROFILMED.BY .� ..I t JORM MICR+LAB CEDAR RAPIDS • DES 140INES L. 33ev8 7.� 68 (5) Maximum building bulk: i Iw P Lot coverage - None p rvr (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the i -I - i i — (1) Accessory uses and requirements. See Article III. 68 .. .__..MICROFILMED. BY. ....__.1. JORM MICR�LAB CEDAR RAPIDS • DES MOINES I 'EM (5) Maximum building bulk: Height - None Lot coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions.. See Article IV. i a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance stapdrads. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. •. (1) In no instance shall an area zoned ORP be less than 21 acres. .. .__..MICROFILMED. BY. ....__.1. JORM MICR�LAB CEDAR RAPIDS • DES MOINES I 'EM 69 Sec. 36-26. General Industrial Zone (I-1). (a) Intent. The General Industrial Zone (I-1) is intended to provide for the development of most types of industrial firms. Regulations are designed to protect adjacent non-residential zones and other industrial uses within the zone. - (b) Permitted uses. (1) Building contractor facilities, yards and pre -assembly yards. (2) Communication stations, centers, and studios. - (3) Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared _ materials such as but not limited to bone, canvas, celeophane, cement, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, metal, paper, plastics, precious or semi- precious metals or stones, rubber, shell, textiles, tobacco, - wax, wire, wood (except logging camps, sawmills, and planing mills) and yarns. (4) Manufacture of chemicals and allied products except fertilizer manufacturing. (5) Manufacture, processing and packaging of food and kindred i 7 - products (except grain milling and processing, stockyards and - slaughter houses). (6) Railroad switching, storage and freight yards and maintenance facilities. (7) Research, testing and experimental laboratories. ' (8) Wholesale trade and warehouse establishments for goods such as but not limited to automotive equipment, drugs, chemicals and allied products, dry goods and apparel, groceries and related products, electrical goods, hardware, plumbing, heating equipment and supplies, machinery, equipment and supplies, tobacco and alcoholic beverages, paper and paper products, furniture and home furnishings. (c) Provisional uses. (1) Communication towers provided that a tower's distance from an -- R zone shall be at least equal to the height of the tower. (2) Residence of the proprietor, caretaker, or watchman when located on the premises of the commercial or industrial use. (d) Special exceptions. 7 •.. III CROFILMED DY t JORM MIC R¢LAB { - - CEDAR RiN DS • DES MOINES 336 ^1e 70 ? , _.......MICROF.ILMED.BY__-:.__.i. l JORM MICR(+/LAB CEDAR R4PIDS • DE: I40I RES W44 A (1) Cementitious concrete batch/mix plants. (2) Heliports and helistops subject to the requirements of Sec. 36-55. (3) Public utilities. (4) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 45 ft. Lot coverage - None Floor area ratio - None (f) within General provisions. All principal and accessory uses permitted this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. _.......MICROF.ILMED.BY__-:.__.i. l JORM MICR(+/LAB CEDAR R4PIDS • DE: I40I RES W44 A 71 C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special Provisions. None. ,I'......._._MICR0EIlMED BY_..._____'.... JORM MICR+LAB CEDAR R41DS DES MOINES i ,I'......._._MICR0EIlMED BY_..._____'.... JORM MICR+LAB CEDAR R41DS DES MOINES i n p. t i 1 Ll 72 Sec. 36-27. Heavy Industrial Zone (I-2). (a) Intent. The Heavy Industrial Zone (I-2) is intended to provide for heavy or intense industries. The zone is designed primarily for manufacturing and fabrication activities including large scale or specialized operations having external effects which could have as impact on adjacent less intense commercial or industrial uses. (b) Permitted uses. (1) Any industrial, commercial or related use, except the following uses which shall be prohibited: a. Disposal, reduction or dumping of dead animals or offal. b. Fertilizer manufacturing. C. Manufacture of explosives. d. Oil refining and alcohol plants. e. Production of stone, clay, glass materials including Portland cement plants and quarries. f. Radioactive waste storage or disposal site. g. Steel mills. h. Stockyards and slaughter houses. (c) Provisional uses. (1) Extraction of sand, gravel and other raw materials subject to the requirements of Section 36-55. (2) Uses listed as provisional uses in the I-1 zone subject to the requirements indicated. (d) Special exceptions. (1) Junk yards subject to the requirements of Sec. 36-55. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None _�•!ECEDARWIDS EO B CR+L AB DES Id0114E5 t' 3 3368 73 4 .. .._. MICROFILMED BY t JORM MICR+LAB i CEDAR RAPIDS - DES MOINES i 3348 (4) Minimum yards: Front - 100 ft. Side - 0 ft. Rear - 0 ft. (5) Maximum building bulk: Height - 45 ft. Lot coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. Sec. 36-28. Reserved 4 .. .._. MICROFILMED BY t JORM MICR+LAB i CEDAR RAPIDS - DES MOINES i 3348 I.v IaY i Itl �s 74 ; �A Sec. 36-29. Public Zone (P). (a) Intent. It is intended that the Public Zone (P) provide reference on the zoning map to public uses of land. Thus land owned or otherwise controlled by the Federal Government, the State of Iowa, Johnson County, City of Iowa City, and the••.Iowa City Community School District will be designated a Public Zone (P). This designation is intended to serve a notice function to those owning or buying land in proximity to publically owned land, which is not ordinarily subject to the regulations of this Chapter. (b) Permitted uses. (1) Farms. (2) Use of land, buildings or structures of the aforementioned federal and state governments or political subdivisions thereof. (c) Provisional uses. None. (d) Special exceptions. None. (e) Dimensional requirements. None. (f) General provisions. None. (g) Special provisions. (1) Should any such land be sold, conveyed or transferred to anyone other than the government of the United States of America or the State of Iowa or a political subdivision thereof, the buyer or transferee must submit an application to the City for a rezoning to a zone other than the Public Zone (P) in accordance with Sec. 36-88. (2) Land which is acquired by the government of the United States of America or the State of Iowa or a political subdivision thereof after the effective date of this Chapter shall retain its existing zoning designation until such time as, pursuant to Sec. 36-88, the zoning map is amended to designate such land a Public Zone (P). (3) Before any such land is conveyed by leasehold interest to anyone other than the federal and state governments or political subdivisions thereof for a use other than permitted MICROFILMED. BY t JORM MICR+LAB ? CEDAR RAPIDS - OE- MOINES �{ 3368 Ini s: i i .. 7 17 j� I 74 ; �A Sec. 36-29. Public Zone (P). (a) Intent. It is intended that the Public Zone (P) provide reference on the zoning map to public uses of land. Thus land owned or otherwise controlled by the Federal Government, the State of Iowa, Johnson County, City of Iowa City, and the••.Iowa City Community School District will be designated a Public Zone (P). This designation is intended to serve a notice function to those owning or buying land in proximity to publically owned land, which is not ordinarily subject to the regulations of this Chapter. (b) Permitted uses. (1) Farms. (2) Use of land, buildings or structures of the aforementioned federal and state governments or political subdivisions thereof. (c) Provisional uses. None. (d) Special exceptions. None. (e) Dimensional requirements. None. (f) General provisions. None. (g) Special provisions. (1) Should any such land be sold, conveyed or transferred to anyone other than the government of the United States of America or the State of Iowa or a political subdivision thereof, the buyer or transferee must submit an application to the City for a rezoning to a zone other than the Public Zone (P) in accordance with Sec. 36-88. (2) Land which is acquired by the government of the United States of America or the State of Iowa or a political subdivision thereof after the effective date of this Chapter shall retain its existing zoning designation until such time as, pursuant to Sec. 36-88, the zoning map is amended to designate such land a Public Zone (P). (3) Before any such land is conveyed by leasehold interest to anyone other than the federal and state governments or political subdivisions thereof for a use other than permitted MICROFILMED. BY t JORM MICR+LAB ? CEDAR RAPIDS - OE- MOINES �{ 3368 75 in this zone, rezoning to an appropriate zone in which the use is allowed shall be obtained. The use shall be subject to all requirements of the zone in which it is allowed. Further, the zone shall be established as an overlay zone with the under- lying zone retaining its original designation of P. r_�... MICROFILMED BY ^.... l DORM MICR+LA6 i CEDAR RiRIDS • DES MOINES i I 76 DIVISION 2. OVERLAY ZONES Sec. 36-30. Flood hazard overlay zones. Sec. 36-31. General. (a) purpose, The purpose of the flood hazard overlay zones is to establish extent of s and losses incurred ineflood lminimize te hazard areas and promote the public health, safety and welfare. (b) Intent. The flood hazard overlay zones are intended to permit only that development within the floodplain which is appropriate in light of the probability of flood damage. The regulations as set forth herein shall apply to all property located in the floodplains, as shown on the Flood Hazard Boundary Map filed with the City Clerk. (c) Ado tion of flood maps and flood insurance stuff. The City has adopted the Flood Hazard Boundary Map, the Flaod Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated May 2, 1977, provided by the Federal Insurance Administration as the offic- ial documents. No ordinance related to these documents shall be adopted or enforced based upon modified data reflecting natural or man-made physical changes without prior approval of change in the documents by the Federal Insurance Administration. (d) Lands to which the overlay zones apply. The flood hazard overlay zones shall apply to all lands shown on the Flood Hazard Boundary Map as being located within the 100 year flood plain. (e) Determination of the location of floodplains and floodways. The boundaries of the floodplains and floodways shall be determined from information presented on the Flood Boundary and Floodway Map. In the absence of specific information, boundaries shall be determined by scaling distances on the map. Where interpretation is needed as to the exact location of the boundaries, the City Engineer shall make the necessary interpretation. In all cases, the level of the 100 year flood shall be the governing factor in locating the zone boundary on any property. Any person contesting the location of the zone boundary shall be given an opportunity to present his/her case to the Board of Adjustment for interpretation. (f) Disclaimer of liability. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. These regulations do not imply that areas outside the flood hazard overlay zones will be free from flooding or flood damages. These regulations shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder. 33(.?' 4 7 MICROFILMED BY ... .� 1 DORM MIC R+LAB CEDAR Rh RIDS • DES MOINES i l "J 77 (g) Establishment of Floodplain Overlay (OFP) Zone and Floodway Over- lay (OFW) Zone. The City hereby establishes a Floodplain Overlay (OFP) Zone and a Floodway Overlay (OFW) Zone which boundaries are those of the designated 100 year flood and the designated floodway respec- tively, as shown on the Flood Boundary and Floodway Map. The OFP..Zone includes the ON Zone. (h) Public inspection. The City maintains for public inspection the following: (1) A Flood Hazard Boundary Map, a Flood Insurance Rate Map, and a Flood Boundary and Floodway Map. (2) Certificates of flood proofing (with building permits as applicable). (3) For all new or substantially improved buildings in the flood - plains: a. Information on the elevation of the lowest habitable floor including basement, b. A statement whether a building contains a basement, and C. A statement whether a building has been flood proofed and to what elevation. Sec. 36-32. Definitions. The following definitions apply only in the interpretation and enforcement of the regulations of the flood hazard overlay zones: (a) Area of shallow flooding. The land designated AO on the Flood Hazard Boundary Map where no clearly defined channel exists and the path of flooding is, unpredictable. (b) Area of special flood hazard. The land in the 100 year floodplain designated on the Flood Hazard Boundary Map as areas AO and Al -A30. (c) Base flood/100 year flood. The flood having a one per cent chance of occurrence in any given year. (d) Base flood elevation/flood protection elevation. The water surface elevation of the 100 year flood, which is shown on, the Flood Insurance Rate Map (FIRM), assuming only, that encroachment on the floodplain that existed when the Flood Insurance Rate Map was adopted (May 2, 1977). Additional and complete encroachment to the floodway encroachment lines J will cause the water level to surcharge one (1) foot or less above the flood protection elevation as shown in Table I of the Flood Insurance Study. ` (e) Construction, existing. Structures for which a building permit was issued before the effective date of flood management regulations. r+ .... micRorILMED BY `.`-... .� l JORM MICR+LAB 1 f CEDAR RAPIDS • DE_- MOINES I � 3 I '1 ,= 78 (f) Construction, new, Structures for which a building permit was issued on or after the effective date of flood management regulations. (g) Equal degree of encroachment. A standard applied in determining the location of encroachment limits so that floodplain lands on both sides of a stream or river are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach. (h) Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of _ inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source. (i) Flood Hazard Boundary Map (FHBM). An official map of the City, issued by the Federal Insurance Administrator, where the boundaries of the flood areas having special hazards have been designated as areas AO and Al -A30. (j) Flood Insurance Rate Map (FIRM). An official map of the City on which the Federal Insurance Administrator has delineated both the m special hazard areas and the risk premium zones applicable to the City. (k) Flood management regulations. Subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading or erosion control ordinances) and other regulations which provide, standards for the purpose of flood damage prevention and reduction. (1) Floodplain or flood -prone -area. Any land area susceptible to being inundated by water from any source. (m) Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage including but not limited to emergency preparedness plans, flood control works and _ floodplain management regulations. - (n) Floodproofing• Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or elimin- ate flood damage to real and personal property. (o) Floodway. The area located within the Floodway Overlay Zone and described as the channel of a river or other watercourse and the j adjacent land areas that must be reserved in order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than one (1) foot at any point. (p) Floodway encroachment lines. The lines marking the limits of floodways on the Flood Boundary and Floodway Map. (q) Floodway fringe. The land located within the Floodplain Overlay Zone and described as the land between the floodway encroachment lines and the maximum elevation subject to inundation by the 100 year flood as defined herein. 33`f I •- MICROF.ILMED BY t DORM MICR+LAB ` - CEDAR R4M - DEC 140INES l i f .4; 79 (r) Habitable floor. Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combina- tion thereof. A floor used only for storage purposes is not a habitable floor. (s) Mean sea level. The average height of the sea for all stages of the tide. Mean sea level shall be used as the elevation datum in Iowa City for purposes of these regulations. (t) Mobile home park or subdivision, existing. Land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced before the effective date of flood management - regulations. (u) Mobile home park or subdivision, expansion. The preparation of — additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the instal- lation of utilities, either final site grading or pouring of concrete _ pads, or the construction of streets). (v) Mobilehome park or subdivision, new. Land divided into two or _ more mobile home lots for rent or sale for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced on or after the effective date of flood management ` regulations adopted by the City. (w) Reach. A hydraulic engineering term to describe longitudinal segments of a stream or river. An example of a reach would be the segment of a stream or river between two consecutive bridge crossings. (x) Substantial improvement. Any repair, reconstruction, or improve- ment of a structure, the cost of which equals or exceeds 50 percent of the appraised value of the structure, either (a) before the improvement or repair is started or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, .ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. _ (y) Water surface elevation. The height in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplains of riverine areas. 33 (0 _ 4 I 111CRUILMED •aY JORM MICR( LAB V CEDAR RP!'!05 DE. 1401N2 i 41 IA 80 Sec. 36-33. Floodplain Overlay (OFP) Zone regulations. The uses and regulations applicable to development in the Floodplain Overlay Zone are as follows: (a) Uses permitted. Any use as permitted by the underlying zone shall be permitted in the OFP Zone upon meeting the conditions and require- ments prescribed in this zone. (b) Requirements. (1) In areas where water depths in the 100 year flood range be- tween one (1) and three (3) feet, all new construction and substantial improvements of non-residential and residential buildings shall have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number behind the "AO" designation on the Flood Insur- ance Rate Map, whichever is higher. Alternatively, non-residential buildings, including utility and sanitary -- facilities, may be completely flood proofed to the highest level mentioned above. The walls and basement floor shall be completely waterproofed and built to withstand lateral and uplift water pressure. - (2) In areas Al -A30, all new construction and substantial improve- ments of non-residential and residential buildings shall have the lowest floor, including basement, elevated to or above the 100 year flood level as shown on the Flood Insurance Rate Map. Alternatively, non-residential buildings, including- utility and sanitary facilities, may be completely floodproofed to the I level of the 100 year flood as shown on the Flood Insurance Rate Map. The walls and basement floor shall be completely waterproofed and built to withstand lateral and uplift water pressure. it (3) When flood proofing is used for non-residential buildings, a registered professional engineer or architect shall certify that the flood 'proofing methods are adequate to withstand the flood pressures, velocities, impact and uplift forces, and other factors caused by the 100 year flood. A record of this certification shall be maintained on file with the building permit by the Building Official. The elevation to which the building is flood proofed (based on mean sea level) shall be attached to the certification. (4) All new individual mobile homes, new mobile home parks, expan- sions of mobile home parks, and mobile home parks where the - repair, reconstruction or improvements of the streets, util- ities and pads equal or exceed 50% of their value before the repair, reconstruction or improvement was started, shall have stands or lots that are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the 100 year flood level as shown on the Flood Insurance Rate Map and adequate surface drainage and access . _........... ,� .. .. NICROEILMED BY JORM MICR+LAB I I CEDAR R4M - DE- 1401NE5 { 1. .. . 81 for a hauler are provided. When mobile homes are placed on pilings, the lot must be large enough to have steps up to the - mobile home. The pilings must be reinforced if they are more than six (6) feet high and they must be placed in stable soil on 10 foot centers or less. - (5) Individual building permits shall be required for the place- ment of any mobile home in the floodplain where water depths are one (1) foot or greater in a 100 year flood. (6) All mobile homes placed after the effective date of these regulations in the 100 year floodplain which floods to a depth of one (1) foot or greater, shall be anchored to resist flotation, collapse or lateral movement by providing over -the - top and frame ties to ground anchors. There shall be top ties at each corner with one mid -point tie on each side of mobile homes shorter than 50 feet. Longer mobile homes shall have two ties at intermediate points on each side. - There shall be frame ties at each corner with four (4) addi- tional ties on each side of mobile homes shorter than 50 feet. Longer mobile homes shall have five (5) ties on each side. All parts of the anchoring system whall have a strength of 4,800 pounds. Additions to mobile homes shall be anchored in the same way. (7) All mobile home parks shall file an evacuation plan with the Iowa City Police Department showing alternate vehicular access and escape routes. _ (8) For all land development proposals, base flood elevation data on the preliminary plats or plans shall be shown. - (9) The City will review all proposed development in the flood- plain to verify that ,appropriate permits have been obtained from the Iowa Department of Water, Air and Waste Management and to ensure compliance with section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334. _ (10) The City shall: - a. Require permits for all new development including struc- tures and other activities such as filling, paving and dredging in the OFP Zone, and shall require building permits according to Chapter 3 of the Uniform Building - Code. b. Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood -prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall be: 334,8 r ._.MICROFILMED BY. .:._7 1 JORM MICR+LAS CEDAR RARIDS • DES MOINES 1 i 1. designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure, 2. constructed with materials and utility equipment resistant to flood damage, and 3. constructed by methods and practices that minimize flood damage. C. Review subdivision proposals and other proposed new developments to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood -prone area, any such proposal shall be reviewed to assure that: 1. flood damage within the flood -prone area is minimized to the extent possible, 2. all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and 3. adequate drainage is provided to reduce exposure to flood hazards. d. Require within flood -prone areas: 1. new and replacement water supply systems designed to minimize or eliminate infiltration of flood waters into the systems, 2. new and replacement sanitary sewage systems to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters, and 3. on-site waste disposal systems located to avoid impairment to them or contamination from them during flooding. Sec. 36-34. Floodway Overlay (OFW) Zone regulations. The uses and regulations applicable to development in the Floodway Overlay Zone are as follows: (a) Uses permitted. The following uses shall be permitted in the OFW Zone to the extent that they are otherwise permitted in the underlying zone: MICROFILMED BY JORM MICR+LAB l ! -CEDAR RAPIDS • DE_: MOINES r 33(v? "M 83 (1) Boat docks, ramps, piers for publicly owned structures. (2) Dams, provided they are constructed in accordance with regulations of the Public Works Department, The Iowa Department of Water, Air and Waste Management, and other Federal and State - agencies. (3) General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuaries, farm and other similar agricultural, wildlife and related uses. (4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses. (5) Lawns, gardens, play areas, bikeways, pedestrian pathways and other similar uses. (6) Parking and loading areas provided they are located no closer than 30 feet to a stream or river bank. (7) Streets, overhead utility lines, creek and stone drainage facilities, sewage or waste treatment plant outlets, water supply intake structures and other similar public or utility uses. �y (b) Uses permitted by special exception. The following uses may be permitted within the OFW Zone to the extent that they are otherwise permitted in the underlying zone upon approval of a special exception in accordance with the standards, procedures and requirements of Sec. 36- 91., herein. (1) Open storage of any material or equipment. (2) Parking and loading areas located within 30 feet of a stream or river bank. (3) The reconstruction, rehabilitation or restoration of struc- tures listed on the National Register of Historic Places or the State Inventory of Historic Places. (c) Uses and structures prohibited. (1) All fill, encroachments, new construction, any artificial obstruction, substantial improvements of existing structures or other development unless a special exception is granted. (2) Expansion of an existing mobile home park. (d) Requirements. There shall be no encroachment of fill, new con- struction, substantial improvements or any other development that will result in any increase in the 100 year flood level. 4 MICROFILMED BY _.... i l JORM MICR+LAB I CEDAR RAPIDS - DE. MOINES (. 33` 8 84 Sec. 36-35. Special exceptions. Uses listed in the Floodway Overlay Zone requiring approval of a special exception may be established only after approval by the Board .of Adjustment upon compliance with the following procedures, standards and requirements: (a) Application. Applications for special exceptions shall be filed with the Board of Adjustment for review and consideration. The appli- cant shall submit to the Board completed forms together with four sets of plans drawn to scale, showing the nature, location, dimensions and elevations of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel floodway and 100 year flood elevation as shown on the Flood Insurance Rate Map. When special circumstances necessitate detailed information by the Board for the evaluation of the effects of the proposed use upon flood flows, the applicant shall furnish the following additional information as is deemed necessary: (1) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) A plan view showing elevations or contours of the ground; pertinent structures, fill, or storage elevations; size, location and special arrangement of all proposed and existing structures on the site; location, and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information. (3) A profile showing the slope of the bottom of the channel. (4) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improve- ments, storage of materials, water supply, and sanitary facil- ities. (5) Additional information as may be required. (b) Standards. The following standards shall apply to special exceptions: w (1) Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount placed shall not be greater than necessary to achieve the purpose demonstrated on a plan submitted by the applicant. Any fill or other materials shall be protected against erosion by rip rap, a vegetative cover or bulkheading. (2) The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal, or plant life during times of flooding is prohibited under all 3368 .. MICROFILMED P ... l DORM MIC R+LAB 1 v R i -CEDAR RAPIDS DE' MOINES 1 I 4E —. 85 conditions; however, storage of other materials or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (c) Factors. In passing on an application for a special exception, the Board shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood _ hazard. In addition, the Board shall consider the following factors although not limited to such factors. (1) The probability that materials may be swept onto other lands or downstream to the injury of others. (2) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (3) The susceptibility of the proposed facility and its contents :a to flood damage and the effect of such damage to the indi- vidual owner. (4) The availability of alternative locations not subject to flooding for the proposed use. i (5) The safety of access to the property ,in times of flood for ordinary emergency vehicles. (6) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. Sec. 36-36. Non -conforming structures. (a) If any non -conforming structure is destroyed by any means, iaclud- ing floods, to the extent that the cost of restoration or replacement ' would equal or exceed 50 percent of the appraised value of the structure _. before the structure was damaged the following regulations shall apply: (1) If a non -conforming structure is in the floodway, the struc- ture may be reconstructed; however, it shall not be expanded, changed, enlarged or altered in any way which would create an obstruction to water flow greater than that which existed before damage to the structure occurred. Upon reconstruction, the structure shall be adequately and safely floodproofed or elevated to the level of the 100 year flood as shown on Flood Insurance Rate Map. (2) If a structure is located in the floodway fringe it may be reconstructed provided it is adequately and safely flood - proofed or elevated in conformance with the requirements herein. (b) If any mobile home or mobile home park is destroyed by any means such that the cost of restoration would exceed 50% of its appraisal 336f IIICROFILMED BY `. . DORM MICR+LAS ( 1 j CEDAR RAPIDS • DE- MOINES � I 86 '"'y value prior to damage, then such mobile home or mobile home park shall not be rebuilt or replaced if it is located in the floodway. If it is located in the floodway fringe, it shall be rebuilt in conformance with the requirements herein. Sec. 36-37. Variances. (a) General requirements for $,ranting of a variance. In all circum- stances variances may only be granted upon a determination that the variance issuance will not result in increased flood height, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with any other local laws or ordinances. Variances shall not, under any condition, be issued within the floodway if any increase in flood level during the 100 year flood would result. (b) Insurance rates. The issuance of a variance to construct a building below the 100 year flood level will result in increased premium rates for flood insurance coverage because such construction below the level of the 100 year flood increases risks to life and property. The applicant should contact his/her insurance agent for further information. (c)A roval.by the .Iowa Department of Water Air and Waste Management. All decisions to grant a variance shall be submitted to the Iowa Department of Water, Air and Waste Management for final approval The decision to grant a variance shall not be binding until such approval is granted by the Iowa Department of Water, Air and Waste'Management., - Note:, The provisions in Sections 36-30 through 37 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. __... MICROFILMED. BY.. .. _....._.! -.� DORM MICR+LAE3 CEDAR Rom • DES MOINESfi f 1 336 87 Sec. 36-38. Airport overlay zones. Sec. 36-39. Findings. (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury to those served by the airport; (b) It is necessary in the interest of the public health, safety, and general welfare that creation of airport hazards be prevented and that this be accomplished, to the extent legally Possible, by proper exercise of the police power; (c) The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation rfor marking which the and lighting of existing airport hazards are publiPu purposes City may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests therein; (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are _ not considered compatible with airport operations; and (e) It is highly desirable that there be. no structures or natural objects -or traverse ways in the clear zones and that no incompatible uses be allowed in the clear zone. Sec. 36-40. Definitions. nly apply in the interpretation and enforce - The following definitions o meat of the airport overlay zones. (a) Airport. The Iowa City Municipal Airport. (b) Airport elevation. The highest point of the airport's usable landing area measured in feet above mean sea level, which elevation is established to be 661 feet. (c) Airport hazard. Any structure, tree or use of land which would exceed the Federal obstruction standards as contained in FAR Part77which --- Subpart C of Federal Regulations as revised March 4, 1972, andor the takeoffs ate thersairportgorre sfotherwise ) aircraft f aipace hazardous tosuch landing or taking off of aircraft. (d) Airnort Layout Plan. A drawing in the Airport Master Plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. (e) Airport primary h of surface. A surface longitudinally centered on a y. runway which extends 200 feet beyond the end of a runw�escribedThe winsPart the primary surface of a runway shall be that widthfor Pthe most precise 77 of the Federal Aviation Regulations (FAR) approach existing or planned for either end tof he same that runway. y. The eleva- tion of any point on the primary vation of the nearest point on the runway centerline. 3 3 4f { .. MICROFILMED BY. ' JORM MIC R�LAB l ! -CEDAR RPRIDS • DE_� MOINES r �+ L_ + 88 in (f) Airspace height. For the purpose of determining the height limits all forth e Airprt Heiht Zoning Map, the datum nshall tbe mean eseanleveland selevationhown ohunlessootherwise 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) Ai Ort Master Plan. A comprehensive plan for development of the airport over a 20 year time period. The Master Plan includes among other things, aviation activity forecasts, determinations airport facilities, a financial of needed plan and proposed time schedule for developing facilities included in the Master Plan, and recommendations for use of land on and adjacent to the airport. The Airport Layout Plan is a component part of the Master Plan. (i) Minimum descent altitude. The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle -to -land maneuvering in execution of a standard iastru- meat approach procedure and where no electronic glide slope is provided. (j) Minimum earoute 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 clearancealtitude. The specified altitude in + _. effect between radio fixes on VOR airways, segments which meets obstructioff-airway routes, or route route segment and which assureon clearance requirements for the entire s acceptable navigational signal coverage within 22 miles of a VOR. (1) Runway, A defined area on an airport prepared for landing and takeoff of aircraft along its length. (m) Visuaayp runway intended solely for the operation of aircraft using visual approach precedures with no straight -in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan or by any planning document submitted to the FAA by competent authority. Sec. 36-41. Airport zones and airspace height limitations. In order to carry out the provisions of this Section, there are hereby created and established certain zones which are depicted on the Airport Height Zoning Map. A structure located in more than one (1) zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a) Horizontal Overlay_ (OH) Zone. (1) Defined. The Land laying under a horizontal plane 150 feet __. above the established airport elevation, the perimeter of which is constructed by: 33G� { MICRO UIED BY JORM MICR¢LAB ` CEDAR RA P!pS • DEC MOINES 1 ! I j i 1 89 a. Swinging arcs of 5,000 foot radii from the center of each end of the primary surface of runways 12 and 17 and _ connecting the adjacent arcs by lines tangent to those arcs, and b. Swinging arcs of 10,000 foot radii from the center of each end of the primary surface of runways 6, 24, 30 and 35 and connecting the adjacent arcs by lines tangent to those arcs. (NOTE: The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the — highest determined for either end of the runway. When a 5,000 foot arc is encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No structure shall exceed 150 feet above the established airport elevation in the OH Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OH Zone. (b) Conical Overlay (OC) Zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope _ of 20 to 1 for a horizontal distance of 4,000 feet. (2) Height limitation. No 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 permitted in the OC Zone. (c) Approach Overlay (OA) Zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. (NOTE: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) - a. The inner edge of the approach surface is: 1. 500 feet wide for runways 6, 12, 17, 30 and 35. 2. 1000 feet wide for runway 24. 33L8 _ _... .MICROFILMED BY l JORM MICR+LAB ( i s CEDAR AA P105 •DCC MOINES I t M b. The outer edge of the approach surface is: 1. 1,500 feet for runways 12 and 17. 2. 3,500 feet for runways 6, 30 and 35. 3. 4,000 feet for runway 24. C. The approach surface zone extends for a horizontal distance of: 1• 5,000 feet at a slope of 20 to 1 for runways 12 and 17. 2. 10,000 feet at a slope of 34 to 1 for runways 6, 24 and 35. 3. 780 feet at a slope of 20 to 1; thence level at an elevation of 687 feet MSL from 780 feet to 1326 feet; thence from 1326 feet to 10,000 feet at a slope of 34 to 1 for runway 30. (2) Height limitation. No structure shall penetrate the approach surface in the OA Zone, as depicted on the Airport Height Zoning Nap. (3) Use limitation. Sanitary landfills shall not be permitted in the OA Zone. (d) Clear Overlay (OCL) Zone.-- (1) one,_(1) Defined. The land longitudinally centered on the runway centerline or extension thereof lying under portions of the OA Zone and described as follows: a. Runway 6 - 1000 feet wide beginning at a point 200 feet from the edge of the existing runway on the extended runway centerline for a horizontal distance of 1000 feet; thence widening uniformly to a width of 1425 feet at a distance of 2700 feet from the point of beginning. b. Runways 12 and 17 - 500 feet wide at the inner edge of the OA Zone and 700 feet wide a distance of 1000 feet from the inner edge. C. Runway 24 - 1000 feet wide beginning at a point 490 feet southwesterly on the runway centerline from the center of the end of the existing runway pavement (including any and all paved safety areas); thence widening uniformly to a width of 1510 feet at a point 1700 feet northeasterly on the extended runway centerline from the point of beginning. Y �. ......_MICROFILMED. BY......_....�. JORM MICR+LAB t' CEDAR RA P!DS • DES MOINES r 3368 91 d. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone and 1010 feet wide a distance of 1700 feet from the inner edge. (2) Use limitations. No use shall be permitted in which there is _ connected therewith a building designed according to the Uniform Building Code (1979 Edition) with an occupancy rating of 50 square feet of floor area per person or less. In addi- tion, the following uses shall not be permitted: (a) Campgrounds. (b) Fairgrounds. (c) Hospitals and institutions. (d) Motels and hotels. (e) Nursing and custodial homes. ti i (f) Residential uses. n+ .(g) Restaurants and similar eating and drinking establishments. _. (h) Sanitary landfills. (i) Schools, including nurseries, pre -kindergartens and kindergartens. — (j) Stadiums. _ (k) Storage of fuel or other hazardous materials. (1) Theaters. (e) Transitional Overlay (OT) Zone. (1) Defined. The land lying under those surfaces extending outward and „upward. at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the. primary surface and from the sides of the approach surfaces. (2) Height limitation. No structure shall penetrate the transitional surface in the OT Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. .. __ ..... MICkDE1LIIED.6Y. JORM MICR¢LAB t i -CEDAR RAPIDS • DES MD INES 1 I 33(o8 1 92 Sec. 36-42. 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 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration shall be sent to the Cheif, Air Traffic Division, of the FAA Regional Office in Kansas City, Missouri, and one copy to the Iowa City Airport Commission. (Copies of FAA Form 7460-1 may be obtained form the FAA.) (b) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased. (c) 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 or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over 200 feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70- 7460 and amendments. j (3) Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City to install, operate and maintain thereto such — markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (d) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. Sec. 36-43. 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 Adjustment (the "Board"). However, no such special exception shall be granted unless the Board finds, based upon written reports from the -- Federal Aviation Administration, and the Aeronautics Division of the Iowa Department of Transportation, that - (1) In an application to permit any structure, tree, or use of land to exceed the height limitations of the Airport Overlay 336 .MICROFILMED BY. _.. JORM MICRILAB 1 CEDAR RAP?OS • DEC MOINES1 93 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 incompatible with airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the Board, file the required written reports of the Federal Aviation Adminstration, and the Aeronautics Division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the Board until such reports have been filed. Note: The provisions in Sections 36-38 through 43 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. ... _ MICROFILMED By 1 JORM MICR+LAB -CEDAR RAPIDS • DES MOINES 1 33G� 94 ~ Sec. 36-44. River Corridor Overlay (ORC) Zone. Y (a) Findings. The Iowa River and adjacent land are valuable natural resources, essential elements in local sewer, water and recreational systems, and serve important biological and ecological functions. The river corridor also functions as the area's most significant natural amenity which plays an important role in the ongoing development of adjacent communities. The prevention and mitigation of irreversible damage to these resources and the preservation and enhancement of their natural, cultural, and historic values is in furtherance of the health, safety and general welfare of the City. - (b) purpose. The purpose of the River Corridor Overlay Zone is to: (1) Protect and preserve the Iowa River as a natural drainageway and source of ground and surface water; (2) Conserve the natural resources of the corridor so that the corridor retains its value as a significant amenity to the adjacent communities; (3) Provide for compatible land uses; (4) Ensure orderly development of residential and recreational uses within the length of the corridor located in the City. (c) Intent. The intent of the River Corridor Overlay Zone is to: (1) Ensure responsible development that will result in the least possible amount of stormwater runoff and erosion along the river corridor; (2) Ensure responsible development that will not impair either the Public's visual access to the river or the public's view from the river; a 100 ot (3) Encourabetweengetheheriverelbanknt as defined,foand vegetative newdevelopment; (4) Encoumeansrage the of erosioneof natural control that vegetation tinikeeping otherappropriate atheointent of this zone; (5) Encourage the preservation of overstory vegetation for erosion control and for aesthetic purposes. (d) Establishment of River Corridor Zone. The ORC Zone with its attendant regulations is hereby established as part of this Chapter. The ORC Zone shall overlay all other zones established within the boundaries as described in Subsection (e) following. (e) Zone boundaries. The ORC Zone shall apply to the Iowa River Corridor which is delineated on the official zoning map on file in the office of the City Clerk and shall be available for inspection and copy. 1 _ .MICRO FILMED BY JORM MICR+LA13 1 �I I CEDAR RP KIDS • DE. MOINES f 95 Sec. 36-45. Definitions. (a) Floodway encroachment lines. The lines marking the limits of floodways on the Flood Boundary and Floodway Map. (b) Horizontal setback. A horizontal line drawn landward from the floodway encroachment line or the river bank, as defined, which is perpendicular to the floodway encroachment line and/or the river bank. (c) River bank. Water level line at 6,000 cubic feet per second (cfs) outflow from the Coralville dam. Sec. 36-46. ORC Zone Regulations. (a) Permitted uses. Uses permitted in the ORC Zone shall be the same as those otherwise allowed in the underlying zone subject to the require- ments of Subsection (b) of this section. In addition, commercial river recreational uses shall be permitted in underlying industrial and commercial uses. (b) General requirements. All development shall meet the following requirements: (1) Compliance with the Flood Plain Ordinance where applicable; (2) A thirty (30) foot horizontal setback from the floodway encroachment line or the river bank, as defined; except that any owner/developer shall be allowed to build a pedestrian and/,or bicycle path in the 30 foot setback area; in the event that the floodway encroachment line and the river bank are not the same, the basis of the setback shall be at the discretion of the owner/developer; (3) Land use capability suitable to the type of development proposed, as determined by evaluation of soils, slope and vegetation, according to the specified development limitations of soil types published in the U.S. Department of Agriculture Soil Conservation Service's Soil Survey of Johnson County, Iowa, May 1980, or any subsequent amendments thereto; (4) Stormwater management in conformance with the applicable requirements of the Iowa City Design Standards for Public Works; (5) Erosion control in conformance with the applicable requirements of the Iowa City Design Standard for Public Works. Erosion control may be accomplished according to construction measures in Streambank Erosion Control Methods published by the U.S. Army Corps of Engineers, except that the use of tire mats, wire fences and auto bodies is prohibited; (6) Retention or replacement of vegetation that provides bank stability in the floodway and/or the setback area; 3368 • MICROFILMED BY JORM MICF1+LAG I 4 CEDAR RPP!DS • DEC MOINES JJ �, 1.. .-A� 96 (7) Screening shall be provided in accordance with Sec. 36-76 (Performance Standards); w (8) Signs, except public signs, shall not be located within 100 located only feet of the floodway encroachment line unless where where they do not impair visual access to the river and - they cannot be viewed from the river. (c) Site plan requirements. No building permit shall be issued until a - site plan has been prepared and approved in accordance with the pro- LSRD LSNRD's cedures of Chapter 27, Article III, Division 1 and 2, and this zone. and the general requirements and special provisions of ^ (1) Exemptions. No site plan shall be required for a single- change or family dwelling nor for the extension, enlargement, thereto. However, alteration thereof, nor accessory structures building permit, the Building Official W upon application for a additional information as necessary to shall require such determine compliance with the regulations of this zone. (2) Site plan contents. In addition to standard site plan require information meats of Chapter 27, Article III, the following shall be provided on or with the site plan: I , Contours at two (2) foot intervals and a clear delineation a. of all streams, including intermittent streams, water _ bodies, and wetlands located on the site. Floodway and be indicated; Fringe Overlay Zone boundaries shall also b. Location of the_30 foot setback area; C. Existing drainage of the stormwater, including the is conveyed - direction, volume and at what rate stormwater from the site; and the areas of the site where stormwater collects and is gradually percolated into the ground or slowly released to a tributary stream or the river; d. Types and location of the soils of the site, as well as a of soil report containing information on the suitability as in the soils for the type of development, published Soil Conservation the U.S. Department of Agriculture, Iowa, March 1980, Service's Soil Survey of Johnson County All—areas proposed or any subsequent amendments thereto. by soil type, both as to for grading shall be identified soil type of the existing top soil and soil type of the new contour. Location and amounts of excavated soils to be stored on e. site during construction; igs r as which o f features,u f descriptioneHistoric Slisted of Div the IowaState are by the Preservation; 338 MICROFILMED BY .� l .. JORM MICR¢LAB -CEDAR RAPIDS • DES M01 NES t. j .-A� 97 g. Location, type, size and general description of existing vegetation, vegetation proposed for removal and proposed landscape materials which will be added to the site as part of the development; h. An erosion control and sedimentation plan as required by applicable provisions of the Design Standards for Public Works Improvements of Iowa City. (d) Special provisions. (1) If an owner/developer of a residentially zoned parcel, part of _ which is located in the ORC Zone, agrees to leave the portion in the ORC Zone undeveloped, the owner/developer shall be allowed to develop the remainder of the parcel according to _ OPDH regulations, as specified in Sec. 36-47 without applying for a change is zoning. i �_.. r. ECEDAR ILMED BY. ._:-__.. ..IMICR¢LAS • DE: MOINES I• I� ) 98 Sec. 36-47. Planned Development Housing Overlay (OPD -H) Zone. (a) Prelimi�• Whenever the owner of a tract of land, composing y an area of not less than two (2) acres, wishes to develop in accordance with the provisions of this section, there shall be submitted application the for _ City Clerk six (6) copies of a preliminary p and PP preliminary approval. The preliminary plan for the use and development of the tract of land may show variations from requirements of the particular zone in which the tract of land is located. The application shall be accompanied by the following: (1) A location map. (2) Apreliminar said y plan of the planned development drawn to a scale of 1 a. Contours at five (5) foot intervals or less. b. Approximate location of all proposed streets. C. Proposed use of the land (shown by zoning classification that would be most suitable for building type and popula- tion Ption density in the planned development or in any subarea thereof). d. Proposed overall population density of the planned development. e. Proposed general arrangement of the buildings. to fLocation held indproposed area of eareas common orpublicly,,whethern space to bebe( usedrfor active recreation purposes or as only an environmental amenity). g Sketches to indicate the general design of building types and the overall character of the development. h. A fee in an amount established by resolution shall be paid at the time the preliminary planned development I plan, or any combination of preliminary plans and/or plats, is submitted to the City Clerk. (b) Preliminary approval. Procedure for preliminary approval of any planned development shall be in accordance with preliminary approval of subdivision and large scale residential developments. 1. f the of (c) Final elan.. e final and meetan thenhall meet all specifications oof the subdivision s and the preliminary plan large scale residential development regulations where applicable. (d) Final plan of subarea. After preliminary approval of the entire on, a final plan of a segment or subarea planned development is giv within the planned development may be given if: 33(of J _. .. 111 CIlOFILMEO BY .. l JORM MICR( LAB II + CEDAR RA P!OS DE. MOINES + 4 99 (1) The plan of the subarea meets all requirements of a final plan. (2) The dwelling unit density within the subarea does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning. ` (3) It is conclusively shown that the subarea can function as an independent development unit with adequate access, services, utilities, open space, etc. (4) The developer dedicates all public rights-of-way necessary to support the subarea. (5) A fee in an amount established by resolution shall be paid at the time the final planned development, or any combination of preliminary and final plats and/or plans, is submitted to the " City Clerk. (e) General requirements. (1) Land uses. Combinations of land uses including single family, multi -family and commercial uses are permitted and variations in building setbacks and lot area requirements as called for is this Chapter may be approved for planned developments. (2) Dwelling unit density. The overall dwelling unit density (total land area minus street right-of-way area) within the planned development- may be computed on the basis of that permitted for the least restrictive use, depending upon the character of the development, which would be allowed under the applicable zoning classification(s). (3) Open space. Planned developments shall take into consideration the need to provide open space for recreational purposes and to enhance the general character of the area. a. In the event the open space land is to be retained under private ownership, the developer must submit a proposed legally binding instrument setting forth the procedures to be followed in maintaining the areas and the means for financing maintenance costs. b. All proposed dedications of land for public use including _ that to be 'dedicated for recreational use shall be approved in writing by appropriate departments of the city prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (4) Ownership. At the time of final approval of a planned develop- ment by the Commission, the developer must submit evidence of ownership of the property to be developed or show evidence of legally binding executed option agreements for purchasing all of the property. 336 � 1 MICROFILMED BY JORM MICR+LAB 1 I -CEDAR RAPIDS • DES MOIRES I � i L. loo (5) Dedication of public right-of-way. All proposed dedications of land for public use including that to be dedicated for recreational use shall be approved in writing by appropriate departments of the city prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (6) Streets. Planned developments shall make provision for con- tinuation and extension of arterial and collector streets and shall be done in accordance with current city standards. (7) Schedule of completion. A developer or sponsor of a planned development shall be required to submit a signed statement generally describing the proposed development and setting forth an intended time schedule for the completion of various phases. (f) Report of the Planning and Zoning Commission. Upon completion of _ review of the proposed planned development, the Commission shall prepare a written report to the City Council to substantiate their stated recom- mendation. This report shall deal with the following: That the variances in setback, lot area requirement, building heights, building types, sizes of buildings, and the combination of land uses will be in the public interest, in harmony with the purpose of this Chapter and other building regulations of the city and will not adversely affect nearby properties; and that the parking requirements of this Chapter otherwise prevailing in the zone have not been reduced. (g) Final approval. After the recommendations of the Commission have been filed or if the Commission does not report back in 45 days, the Council shall, before giving final approval to any planned development, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a newspaper have a general circulation in Iowa City. After proper approval of the plan, permits may be issued to carry out the approved plan even though it may not conform in all respects to other obligations of this Chapter. — (h) Building permits. The final plan or parts thereof as finally approved by the Council shall be filed with the Building Official's office and all building construction permits shall be issued on the basis of conformance with the plan. Minor changes in building arrange- ments that do not substantially alter the character of the development are allowable. Any other changes, including changes in street locations, land use and building arrangements, shall be considered as amendments to the approved final plan and must be considered and acted upon by the Commission and the Council prior to issuing building permits related to such changes. In the event commercial uses are approved as a part of a planned develop- ment, a building permit for the commercial uses shall not be issued -- until a minimum of 25% of the housing units planned for the area (or 3%k MICROFILMED •.3Y� ..__•.� f l JORM MIC R+LAB � I CEDAR RANDS • DEQ MOINES 101 approved subarea) have been completed or will be built simultaneously. Separate building permits shall be obtained by the developers for the construction of housing and commercial uses where separate buildings are to be used. Note: The provisions in Section 36-47 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. Sec. 36-48. Reserved Sec. 36-49. Reserved MICROFILMED BY JORM MtCR+LAB -CEDAR RAPIDS - DE.' MOINES 7 MICROFILMED BY JORM MtCR+LAB -CEDAR RAPIDS - DE.' MOINES 102 - Sec. 36-50. Historic Preservation Overlay (OHP) Zone. W Sec. 36-51. General. (a) Purpose. The purpose of the OHP Zone is to: (1) Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, and perpetuation of districts of historic and cultural significance located in the City of Iowa City. (2) Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural significance. (3) Stabilize and improve property values by conservation of historic properties. (4) Foster civic pride in the legacy of beauty and achievements of the past. (5) Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. — (6) Strengthen the economy of the City, and (7) Promote the use of districts of historic and cultural _ significance as sites for the education, pleasure and welfare of the people of the' -City. Sec. 36-52. Definitions. The following definitions apply only in the interpretation and enforce- ment of the OHP Zone and in no other zone. (a) Applicant. The party making application for a Certificate of Appropriateness from the Iowa City Historic Preservation Commission. (b) Application. A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a Certificate of Appropriateness. W (c) Certificate of appropriateness. The document evidencing approval by the Historic Preservation Commission of a proposal to make a change in appearance which must be obtained before a Regulated Permit may be issued. i (d) Change in appearance. Any change or alteration of the exterior features of a building or change or alteration of the appearance of a property within a historic district. This definition shall pertain only to changes in appearance which are visible from the public way or from adjacent properties, and for which a building, demolition, house moving or other regulated permit is required for compliance with applicable 334,9 �. MICROFILMED BY. ` JORM MICR4LAE3 (, ? CEDAR RAPIDS • DE_- MOINES 103 city codes. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building, for which no regulated permit is required. For the purposes of this ordinance, changes made in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. (e) Change or alteration. The erection of a building on a site, the movement of a building from or to a site, the demolition of a building, the reconstruction or restoration of a building, or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building. (f) Commission. The Iowa City Historic Preservation Commission as established by Ordinance No. 82-3098. (g) Exterior features. The architectural style, general design and arrangement of the exterior of a building, including the kind and texture of the building material and type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. (h) Regulated permit. A permit issued by the Building Official, or other official of the City of Iowa City according to the provisions of 1) Building Code, 2) Sign Regulations, 3) House Movers Ordinance, or 4) Fire Code. Sec. 36-53. Applications for Certificates of Appropriateness. (a) No individual or corporation shall undertake a, change in appearance of a building or site within an OHP Zone for which a regulated permit is required, nor shall the Building Official issue a regulated permit for a change in appearance of a building or site, unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission. No additional improvements requiring a Certificate of Appropriateness shall be imposed upon the applicant unless approved by the City Council subsequent to the Commission's recommendation. (b) Application for a Certificate of Appropriateness shall be made to the Building Official. The application should include drawings, photo- graphs, sketches and other exhibits portraying the work to be accomp- lished which will aid the Historic Preservation Commission in the consideration of the application. (c) Upon the filing of such application, the Building Official shall immediately notify the Historic Preservation Commission of the receipt of such application and shall transmit it together with accompanying plans and other information to the Commission, unless the application pertains solely to the interior of the structure. (d) All applications received before the closing date, to be estab- lished by the Commission, shall be considered by the Commission at its next regularly scheduled meeting. The Commission shall review the application according to the duties and powers specified herein. In reviewing the application the Commission may confer with the applicant 336P 111CROFILMEO BY l JORM MICR+LAB 1 ! CEDAR RiN DS • DE: MOINES 1 104 or the applicant's authorized representative. In acting upon an application the Commission shall consider whether the change in appearance to a building or site proposed by the application conforms to standards set forth in the January 1979 revised edition of the Secretary of the Interior's Standards for Rehabilitation." The Commission may use the Secretary of Interiors Guidelines for Rehabilitating Historic Buildings" or other guidelines adopted by the Commission to aid in determining whether the proposed change in appearance to a building or site conforms to the Secretary of Interior's "Standards for Rehabilitation." (e) The Commission shall approve, modify, or disapprove the application. The findings of the Commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspection in the office of the City Clerk within five business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicant by ordinary mail. If the application is approved or approved with modifications acceptable to the applicant a -- Certificate of Appropriateness will be issued, signed by the Chairperson, and immediately transmitted along with the application to the Building Official. If the application is disapproved it will be immediately transmitted, along with the written resolution of the Commission's findings, to the Building Official. (f) Any applicant aggrieved by any decision of the Commission may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than 10 business days after the filing of th'e above mentioned resolution. The City Council shall, within a reasonable time, hold a public hearing on the appeal, give public notice thereof as well as notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and this ordinance, and whether the Commission's action was patently arbitrary or capricious. In exercising the above-mentioned powers the City Council may, in —, conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Commission from whom the appeal is taken. u (g) If not satisfied with the decision of the City Council the appellant may appeal to the Johnson County district court within 60 days after the Council's decision. (h) Certificates of Appropriateness issued on the basis of approved applications authorize only changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or his/her designee to inspect from time to time any work performed pursuant to such a Certificate to insure compliance with the requirements of such Certificate. If it is found _ MICROFILMED BY JORM MICR( LAB t �, CEDAR R41DS • DE: MOINES f i 105 that such work is not being carried out in accordance with the Certificate, the Building Official shall issue a stop work order. Any change in appearance at variance with that authorized by the Certificate shall be deemed a violation of these regulations and shall be punishable as provided in Section X of this ordinance. Sec. 36-54. Remedy of Dangerous Conditions. (a) Except for emergencies as determined by the Building Official - It pursuant to the ordinances of the City of Iowa City, City enforcement ` agencies and departments shall give the Historic Preservation Commission at least 30 days notice of any proposed order which may affect the exterior features of any building within a historic district by directing changes or alterations of such building for remedying 11 conditions determined to be dangerous to life, health or property. (b) The Commission shall have the power to require that changes of alterations not adversely affect the exterior features of a building in cases where the danger to life, health or property may be abated without _ detracting from the exterior features of the building. In such cases it shall be theresponsibilityof the Commission and the city agency or department to cooperate with the property owner in an attempt to achieve - a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the Commission and shall be signed by the Chairman _ of the Commission, the property owner, and the head of the city agency or department. - (c) If a preservation solution acceptable to the Commission, the City _ agency or department, and the property owner cannot be reached within 30 _ days or a period of time acceptable to the city agency or department, the agency or department shall proceed to issue and enforce its proposed order. I 3348 MICROFILMED BY. t JORM MICR+LAS 1 1 CEDAR RAPIDS • DES MOINES 1 1 i I _■ 106 DIVISION 3. ADDITIONAL REGULATIONS Sec. 36-55. Use and requirements. The following principal uses are listed as provisional uses or special exceptions in various zones in this Chapter. These uses are required to meet the regulations indicated, in addition to the regulations of the zone in which the uses are allowed, only when this Division is referred to in the requirements for each use. In case of any conflict between the regulations of the zone in which the use is allowed as a provisional use or special exception and the additional regulations of this Division, the most restrictive regulations shall govern. (a) Airports, heliports and helistops. _ (1) The area shall be sufficient to meet the Federal Aviation Agency's requirements for the class of airport proposed. _ (2) No existing tall structures or natural obstructions outside the proposed airport, which would protrude above the approach zones established for the proposed runways or landing strips, shall be permitted to remain. _ (3) Certification shall be obtained from the Federal Aeronautics Administration that airport traffic will not interfere with the flight pattern of the Iowa City Airport or any other nearby airport. _. (b) Cemeteries and mausoleums. — (1) Area. Any new cemetery shall be located on a site containing not less than 20 acres. (2) Setback. All structures including but not limited to a mausoleum, permanent monuments or maintenance building shall -: be set back not less than 30 feet from any property line or street right-of-way line and all graves or burial lots shall be set back not less than 10 feet from any property line or street right-of-way. (c) Child care facilities. The following requirements shall apply when more than six (6) children _. are to be cared for for more than two (2) hours at a time. -' (1) A fenced outdoor play area of not less than 100 square feet i per child using the area at any given time shall be provided. j -- (2) No playground equipment shall be permitted in the front or side yards. (3) Fenced play areas shall be enclosed or protected, well drained, free from hazards, and shall be readily accessible to — the center. 33 (,ok _ . MICROFILMED .BY I { t JCRM MICR4LAE3 CEDAR Rk DS • DEC I4OINES .. ■ r 107 (4) The center shall be provided with at least 35 square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms, and halls. (5) In addition to the requirements above, the facility's operation and maintenance shall meet all applicable state requirements. (d) Clubs. (1) Clubs shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements. a. Minimum lot area: 40,000 square feet. b. Minimum yards: 1. Front yard - 30 feet 2. Side yard - 30 feet 3. Rear yard - 50 feet 4. Parking - not closer than 20 feet to a side or rear lot line. C. Building bulk: 1. The maximum permitted floor area ratio shall be 0.3. 2. The maximum permitted building coverage shall be 15%. (e) Drive-in theaters. (1) The site ,shall, have direct access to a primary or secondary arterial street as identified on .the Comprehensive Plan Map. (2) The viewing side of the theater screen shall not be visible from within 1000 feet of any existing or proposed public street. (3) Cars parked in the viewing area shall be screened on all sides by a solid wall or fence not less than six (6) feet in height. (4) All entrances and exits shall be separated and internal circulation shall be laid out to provide one-way traffic. (5) Sale of refreshments shall be limited to patrons of the theater. (6) No central loudspeakers shall be permitted. (7) Amusement areas shall be limited to patrons of the theater. (f) Dwellings, zero lot line and townhouses. (1) Where the abutting lot has been developed with a principle building having a setback of more than zero feet but less than S _MICROFIUIEO BY ' t JORM MICR+LAB CEDAR RAPI05 • OES MOINES I L_. ._. .334 8 w 108 i�.:.9 10 feet from the side lot line in common, the zero lot line dwelling shall be located such that there is a minimum of 10 feet between unattached buildings. An easement from the abutting lot owner shall be secured prior to the issuance of a building permit to ensure that a zero or 10 foot separation is retained. (2) No portion of a wall, roof, or appurtenance on the zero side yard shall project over the lot line. Openings in the wall shall be prohibited. (3) Legal provision shall be made for permanent access for the maintenance of the exterior portion of the proposed building wall located upon the lot line and for other common elements such as aisles. A permanent ten foot maintenance easement to provide such access shall be secured prior to issuance of a building permit. (4) Each end unit of a townhouse shall have one (1) side yard of a minimum of 10 feet. (5) Each dwelling unit shall be provided with separate building access and with separate utility service from the street or rear lot line. (g) Elderly housing. (1) Elderly housing shall be located within 600 feet of a public transit system with regular routes. (2) Dimensional requirements: a. Minimum lot area per unit: 300 square feet. b. Minimum yards: none. C. Minimum separation. Two (2) or more separate buildings on the same lot shall be separated by a minimum horizontal distance equal to one of the following: 1. The height of the highest building; or 2. Eight (8) feet plus two (2) feet for each additional story above the second story, provided that no j window of a dwelling unit is located on a side next to an adjacent building below the height of the adjacent building; or 3. Two (2) times the height of the adjacent building above the window sill of any window of a dwelling unit located on the side next to the adjacent building. (See figure below). The distance shall in no case be less than eight (8) feet plus two (2) feet for each story above the second story. The 3,3 G8 . MICROFILMED BY ._..� JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 4 109 above conditions 1, 2 or 3 shall apply to a building for elderly housing and a building on an abutting lot. _ �. _. .-.... MICROFILMED BY.. l JORM MICROLAB ? - CEDAR RAPIDS • OE-- MOINES 1 Elderly Adjacent BuildiHousing n Building 9 � i i �i 2 Window I Sill (h) Extraction. (1) Approval for the withdrawal of water, if required, shall be obtained from the Iowa Department of Water, Air and Waste Management., (2) Approval for operation in a floodplain shall be obtained from the Iowa Department of Water, Air and:Waste Management. _ (3)..A license to operate .from the Iowa Department of Soil Conservation - Division of Mines .and Minerals shall be _ obtained. Failure to maintain said license shall constitute abandonment. _ (4) Extraction shall .not occur within 1000 feet of an R zone. - (5) Extraction shall not occur within 100 feet of abutting property or a street. (6) Compliance with all other applicable state regulations shall be.met. (i) Funeral homes. (1) Funeral homes shall be located with access to a secondary or Primary arterial street as identified on the Comprehensive Plan Map. _ (2) The site shall have a minimum frontage of 120 feet and a minimum lot area of 40,000 square feet. — (j) Junk yards. (1) No operation shall be permitted closer than 1000 feet from any established R zone. (2) All outdoor storage shall be conducted entirely within an enclosed fence, wall, or other solid screen except for driveway 3348 �. _. .-.... MICROFILMED BY.. l JORM MICROLAB ? - CEDAR RAPIDS • OE-- MOINES 1 in 110 areas. Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street, or highway. Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Junk or salvage materials shall not be piled higher than the height of the fence, nor against the fence. (3) For fire protection, an unobstructed firebreak shall be maintained, 15 feet in width and completely surrounding the junk yard. (4) The storage of rags, paper, and similar combustible waste shall not be closer than 100 feet to any property line, unless enclosed in a masonry building of not less than four-hour fire resistive construction. (k) Kennels and veterinary establishments. No kennel area or animal yard shall be located within 400 feet of any dwelling not located on the premises. (1) Nursing homes. (1) Nursing homes shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements: a. Minimum lot area: 600 square feet of lot area per each bed. b. Minimum yards: 1. Front yard - 40 feet 2. Side yard - 30 feet 3. Rear yard - 25 feet C. The maximum permitted building coverage shall be 40%. (m) Religious institutions. (1) Religious institutions shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements. .MICROFILMED.BY. i � _r l JORM MICR#LAB CEDAR RPPIOS • DEC MOINES 1 3.34f i in 110 areas. Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street, or highway. Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Junk or salvage materials shall not be piled higher than the height of the fence, nor against the fence. (3) For fire protection, an unobstructed firebreak shall be maintained, 15 feet in width and completely surrounding the junk yard. (4) The storage of rags, paper, and similar combustible waste shall not be closer than 100 feet to any property line, unless enclosed in a masonry building of not less than four-hour fire resistive construction. (k) Kennels and veterinary establishments. No kennel area or animal yard shall be located within 400 feet of any dwelling not located on the premises. (1) Nursing homes. (1) Nursing homes shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements: a. Minimum lot area: 600 square feet of lot area per each bed. b. Minimum yards: 1. Front yard - 40 feet 2. Side yard - 30 feet 3. Rear yard - 25 feet C. The maximum permitted building coverage shall be 40%. (m) Religious institutions. (1) Religious institutions shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements. .MICROFILMED.BY. i � _r l JORM MICR#LAB CEDAR RPPIOS • DEC MOINES 1 3.34f 111 a. Minimum lot area: 40,000 square feet. b. Minimum yards. Two feet of horizontal distance shall be provided for each foot of building height measured between the nearest point of any lot line and the nearest point from which the height is measured. (a) Stables. Such structures shall be located at least 1000 feet from any R zone boundary. 77 i i i a i i� T" _....' MICROFILMED BY JORM MICFZOLA13 { CEDAR RAPIDS • DE. MOINES > 1 i 33G� NJ 112 ARTICLE III. ACCESSORY USES AND REQUIREMENTS. Sec. 36-56. Permitted accessory uses and buildings. Accessory uses, buildings or other structures customarily inciden- tal to and commonly associated with a permitted use, provisional use or special exception shall be permitted provided they are operated and maintained under the same ownership, located on the same lot (except as otherwise provided), do not include structures or structural features inconsistent with the uses to which they are accessory, and conform to the specific requirements contained herein. The accessory uses, buildings or other structures permitted in each zone may include the following: (a) In the ID Zone. (1) Communication towers and satellite receiving devices provided their distance from an R zone is at least equal to the height of the tower. _.: (2) Fences as regulated by Sec. 36-65. (3) Gazebos, enclosed patios and similar buildings for recreational use. 6.. 1 (4) Rome occupation. i; (5) Off-street parking as regulated by Sec. 36-58. 'j (6) Private garages. (7) Private greenhouses or conservatories. _ (8) Private recreational uses and facilities including but not limited to swimming pools and tennis courts. (9) Roadside stands for the sale of produce grown on the premises provided that such a stand shall not contain more than 600 square feet of floor area, the stand is located not less than 20 feet from a street, and access to the stand is from an entrance to the farm or residence. (10) Signs as regulated by Sec. 36-60. (11) Structures for the shelter of household pets, except kennels. (b) In the RR -1 RS -5 RS -8 and RNH Zones. (1) Communication towers and satellite receiving devices provided they shall not be located in the area between the street and principal building, within the (required) side yard, nor on the roof of any building. _141CROFILIIED BY i �t l JORM MICR+LAB ` {CEDAR R41 - DES MOINESi 33G8 km 113 (2) Fences as regulated by Sec. 36-65. (3) Gazebos, enclosed patios and similar buildings for passive recreational use. (4) Home occupations provided that no home occupation shall be permitted in which there is associated therewith: a. Any commodity sold upon the premises except that which is produced thereon or is accessory to the home occupation conducted on the premises. b. Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building. _ C. Any exterior display, exterior storage of materials, signs (except as otherwise permitted), house calls after 9:00 p.m. or before 8:00 a.m., or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential — purposes. d. Employees other than those residing on the premises. (5) Horses and ponies and structures for the shelter of horses and ponies, except commercial stables, shall be permitted in the RR -1 zone but not in the RS -5, RS -8 and RMH zones. The minimum lot area provided shall be two (2) acres for the first horse _ or pony plus one (1) acre for each additional horse or pony. (6) Off-street parking for a use permitted in the zone in which the off-street parking is located, as regulated by Sec. 36-58. (7) Private garages. (8) Private greenhouses or conservatories. (9) Private recreational uses and facilities including but not limited to swimming pools and tennis courts. (10) Signs as regulated by Sec. 36-60. (11) Storage building for the storage of wood, lumber, gardening equipment and other materials and equipment exclusively for the use of the residents of the premises but not including a storage building for commercial purposes and provided that only one such building shall be permitted on a lot. (12) Structures for the shelter of household pets except kennels. (c) In the RM -12 RS -12 RNC -20 RM -20, RM -44, and RM -145 Zones. In addition to the accessory uses included in subsection (b), storage buildings and off-street loading shall be permitted. 334f II1CROFILMED BY JORM MICR( LAB i CEDAR RAPIDS - DES MOINES I 114 r,. -I (d) In the C zones. (1) For residential uses, the accessory uses included in subsection (c) shall be permitted. (2) For commercial uses there may be any accessory use provided that: a. Except in the CI -1 Zone, the floor area for storage and warehousing shall not exceed 40 percent of the total floor area, b. Fences are erected according to Sec. 36-65. C. Off-street parking and loading are provided according to Sec. 36-58 and Sec. 36-59. d. Signs are erected according to Sec. 36-60. e. A communication tower's distance from an R zone shall be at least equal to the height of the tower. (e) In the ORP and I zones. There may be any accessory use including but not limited to printing, publishing, design, development, fabrication, assemblage, storage and warehousing, and child care facilities provided that: (1) Fences are erected according to Sec. 36-65. (2) Off-street parking and loading are provided according to Sec. 36-58 and Sec. 36-59. (3) Signs are erected according to Sec. 36-60. (4) A communication tower's distance from an R zone is at least equal to the height of the tower. Sec. 36-57. Accessory use and building regulations. (a) Detached accessory uses and buildings. In all zones, except as otherwise provided, detached accessory uses and buildings shall be subject to the following requirements: (1) Time of construction. No accessory building shall be con- structed prior to the start of construction of the principal building. (2) Setback from property lines. Except as otherwise provided, an accessory building shall be separated from lot lines in compliance with the following requirements: a. Accessory buildings, except for roadside stands, shall not be located in a front yard and garages and carports shall be located to provide a minimum 20 foot length "aisle" between the building and the street right-of-way line. 7 ` i DORM MIC R¢LAB 1 { CEDAR RAPIDS • DES FMINES i 33�ff 1 115 b. In R zones an accessory building shall not be located closer than five (5) feet to a side lot line or a rear lot line; however, an accessory building may be located to within three (3) feet of a side or rear lot line if it is located at least 60 feet from the street. In an ORP Zone, an accessory building shall not be located in a side or rear yard. An accessory building for a zero lot line dwelling shall comply with the above requirements and shall not be located in the required 10 foot side yard. C. Setback from alley. When a garage or carport is entered directly from an alley, it shall not be located closer than 10 feet from the alley right-of-way line. 3) Setback from principal building. No portion of an accessory building shall be located closer than six (6) feet to the principal building. 4) Maximum rear yard coverage. In R zones, accessory buildings shall not occupy more than 15 percent of the rear yard area. (5) Maximum height. Accessory buildings and structures shall not exceed a height of 15 feet in R zones nor the maximum height permitted for a principal building in other zones. (b) Attached accessory buildings. Attached accessory buildings shall be located pursuant to the requirements for principal buildings. Attached garages and carports shall be located on a lot such that a minimum` 20 "foot length "aisle" between the building and the street right-of-way line is provided. _..� . MICROFILMED, BY t JORM MICR+LAB ,CEDAR RAPIDS • DEC MOINES ,I { i_ 334,8 116 w Sec. 36-58. Off-street parking requirements. When required, off-street parking and stacking spaces, aisles and drives shall be provided and maintained in compliance with the following requirements: (a) Required number of off-street parking spaces. In all zones, except in the CB -10 zone unless specifically required, there shall be provided prior to the occupation of a building or commencement of a principal use a minimum number of off-street parking and stacking spaces as follows: Principal Use Zone Number of Spaces (1) Residential uses. a. Family care facility Where permitted Four (4) parking spaces. b. Hotels and motels 1. Where permitted One and a quarter (li) parking' i J c. Mobile and modular homes. d. Multi -family dwellings i i except CB -10 spaces for each guest unit. 2. CB -10 Parking spaces shall be furnished by providing spaces within a publicly owned parking facility located within 300 feet of the'hotel or motel, as specified by a written I agreement between the owner of the hotel and the owner of the parking facility; or one and one- quarter (hi) parking spaces for each guest unit on the same lot as the use served or within 300 f eet. RUH Two (2) parking spaces for each home. 1. Where permitted According to the following except high- table: rises in the RM -145 and Floor area Parking spaces and CB -2 zones (sq. ft.) per dwelling unit r up to 800 1.5 1 800 and over 2.0 I 2. High-rises in One (1) space for each j the RM -145 dwelling unit. and CB -2 zones. � �'... _ .MILRDf IIMEe BY. •.I� .I t JORM MICR4LA9 jCEDAR RiP]DS - DE-- MOINES t � { 334F -1 i i I 1 i I 4 i i J c. Mobile and modular homes. d. Multi -family dwellings i i except CB -10 spaces for each guest unit. 2. CB -10 Parking spaces shall be furnished by providing spaces within a publicly owned parking facility located within 300 feet of the'hotel or motel, as specified by a written I agreement between the owner of the hotel and the owner of the parking facility; or one and one- quarter (hi) parking spaces for each guest unit on the same lot as the use served or within 300 f eet. RUH Two (2) parking spaces for each home. 1. Where permitted According to the following except high- table: rises in the RM -145 and Floor area Parking spaces and CB -2 zones (sq. ft.) per dwelling unit r up to 800 1.5 1 800 and over 2.0 I 2. High-rises in One (1) space for each j the RM -145 dwelling unit. and CB -2 zones. � �'... _ .MILRDf IIMEe BY. •.I� .I t JORM MICR4LA9 jCEDAR RiP]DS - DE-- MOINES t � { 334F -1 except CB -10 spaces for each guest unit. 2. CB -10 Parking spaces shall be furnished by providing spaces within a publicly owned parking facility located within 300 feet of the'hotel or motel, as specified by a written I agreement between the owner of the hotel and the owner of the parking facility; or one and one- quarter (hi) parking spaces for each guest unit on the same lot as the use served or within 300 f eet. RUH Two (2) parking spaces for each home. 1. Where permitted According to the following except high- table: rises in the RM -145 and Floor area Parking spaces and CB -2 zones (sq. ft.) per dwelling unit r up to 800 1.5 1 800 and over 2.0 I 2. High-rises in One (1) space for each j the RM -145 dwelling unit. and CB -2 zones. � �'... _ .MILRDf IIMEe BY. •.I� .I t JORM MICR4LA9 jCEDAR RiP]DS - DE-- MOINES t � { 334F -1 0 ":I 117 e. Multi -family dwellings 1. Where permitted One (1) parking space for (elderly housing) except CB -2 and each dwelling unit. CB -10 2. CB -2 One (1) parkin s ace f f. Rooming houses and apartment hotels, g. Fraternity/sorority houses 3. CB -10 Where permitted Where permitted g. Single family dwellings, Where permitted duplexes and townhouse units. h. Transient housing. Where permitted g p or each two (2) dwelling units. One (1) parking space for each four (4) dwelling unit: One (1) parking space for — each 200 square feet of floor area. One (1) parking space for each 300 square feet of floor area. Two (2) parking spaces for each dwelling unit. One-quarter (y) parking space per occupant, based on the maximum r- _._... MICRONWEO.BY. ..._.__..�. DORM MICR+LAB f CEDAR RPPIOa DES MOINES 1 r number of occupants. (2) Commercial uses. — a. Automobile Where permitted Stacking spaces equal in laundries (car washes). number to five (5) times the maximum capacity of the;_ automobile laundry for each wash rack (bay or tunnel) or three (3) times the maximum capacity for a coin operated laundry for --- each wash rack; in addition; one (1) parking space for - each two (2) wash racks. Maximum capacity, in this instance, shall mean the greatest number of automobiles undergoing some phase of laundering at the same time._ b. Automobile gasoline Where permitted One (1) stacking space and service stations. for each island of pumps and each service stall plus one (1) parking space for each four (4) pumps and service stall. parking - spaces shall be provided in r- _._... MICRONWEO.BY. ..._.__..�. DORM MICR+LAB f CEDAR RPPIOa DES MOINES 1 r 116 C. Automotive repair Where permitted garages d. Banks, savings and Where permitted loan institutions, and credit unions. e. Funeral homes. Where permitted f. Furniture, major k. Motor vehicle sales and rentals. e '. Where permitted lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. One (1) parking space for each 300 square feet of floor area. One (1) parking space for each 200 sq. ft. of floor area. Drive-in establishments shall, in addition, provide six (6) stacking spaces per external teller or customer service window designed for drive-in service but need not exceed 18 total spaces. Parking spaces equal in number to one-half N the 'occupant load in the chapel. One (1) parking space for each 500 square feet of floor area. Where permitted One (1) parking space for each 180 square feet of floor area. Where permitted One (1) parking space for each two (2) laundry and/or dry cleaning machines. Where permitted appliance, and floor space for covering stores each 300 square and repair shops. g. Grocery stores and supermarkets. h: Laundry and dry cleaning establish- feet of ments (coin floor.area. operated). i. Laundry and dry space cleaning establish- for each 500 square feet ments and collection of floor area. stations. j. Machinery sales. k. Motor vehicle sales and rentals. e '. Where permitted lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. One (1) parking space for each 300 square feet of floor area. One (1) parking space for each 200 sq. ft. of floor area. Drive-in establishments shall, in addition, provide six (6) stacking spaces per external teller or customer service window designed for drive-in service but need not exceed 18 total spaces. Parking spaces equal in number to one-half N the 'occupant load in the chapel. One (1) parking space for each 500 square feet of floor area. Where permitted One (1) parking space for each 180 square feet of floor area. Where permitted One (1) parking space for each two (2) laundry and/or dry cleaning machines. Where permitted One (1) parking space for each 300 square feet of floor area. Whereermitted p One (1) parking space for each 800 square feet of floor.area. Where permitted One (1) parking space for each 500 square feet of floor area. 33G� �.. MICROFILMED BY. t JORM MICR+LAB t -CEDAR RAPIDS • DES MOINES ( t 1 1. Offices. M. Offices -clinics. n. Personal service floor area. businesses - beauty One (1) parking space parlors, barber shops. 0. Personal service businesses (other of floor area. than listed). p. Rental agencies equipment and each office, examining supplies q. Restaurants and establishments provided; however, there dispensing food or beverage for consumption on the five (5) spaces. premises. r. Restaurants drive-in or for each barber or beauty carry out. S. Retail stores and Where shops (other than One (1) parking space listed). t. Studios and stations - radio and televion. 119 1. Where permitted One (1) parking space for except CB -2. each 200 square feet of floor area. 2. CE -2. One (1) parking space for each 300 square feet of floor area. Where permitted Two (2) parking spaces for each office, examining room and treatment room provided; however, there shall not be less than five (5) spaces. Where permitted Two (2) parking spaces for each barber or beauty parlor chair. Where permitted One (1) parking space for each 150 square feet of floor area. Where permitted One (1) space for each 500 square feet of interior_ andexterior storage area for rental supplies and equipment. Where permitted One..(I) parking space for each 150 sq. ft. of floor area, or parking spaces equal.in number to one-third (1/3) the occupant load of the seating area, whichever is less. Where permitted One (1), parking space for each 50 sq. ft, of floor area, but not less than 5 spaces. Where permitted One (1) parking space for each 200 sq. ft. of retail floor area. Where permitted one (1) parking space for each 400 sq. ft. of floor area. 1 2?34-8 .1 MICROFILME'D BY 5 JORM MICRI LAB CEDAR RAPIDS 120 (3) Industrial uses. a. Contractor and Where permitted construction estab- lishments and yards. b. Junk yards Where permitted Laboratories - Where permitted C. research, develop- area. i meats. d. Manufacturing or Where permitted establishments engaged Where permitted According to in production, processing, g, Warehouses. packing and crating, I - cleaning, servicing, or Square feet repair of materials, goods, or products. Harkin` g syaces ;I i e. freight terminals - I I I 120 (3) Industrial uses. a. Contractor and Where permitted construction estab- lishments and yards. b. Junk yards Where permitted Laboratories - Where permitted C. research, develop- area. ment and testing. meats. d. Manufacturing or Where permitted establishments engaged Where permitted According to in production, processing, g, Warehouses. packing and crating, - cleaning, servicing, or Square feet repair of materials, goods, or products. Harkin` g syaces Motor and railroad Where permitted e. freight terminals - cartage,'express and 1000 square feet parcel delivery. The sum total of parking Spaces shall be determined on the basis of the parking spaces required for uses individually such as office area and warehouse space. The sum total of parking spaces shall be determined on the basis of the park- ing spaces required for uses individually such as office area and garage space. One (1) space for each 600 sq. ft. of floor area. One (1) parking space for each 600 sq. ft_ of floor area. One (1) parking space for each 800 sq.ft. of floor area. f. Printing and pub- Where permitted One (1) parking space foreach 300 sq. ft. of floor lishing establish- area. meats. Where permitted According to the following g, Warehouses. Square feet Number of of gross floor area Harkin` g syaces up to 25,000 One (1) for each 1000 square feet to a maximum of five (5) 25,000 plus Five (5) plus ,, one (1) additiona:I for each 5,000 i square feet above 1 25,000 square feel;, 3368 �__ ....._... MICROFILMED BY ._.__ .r. .. l - JORM MICR LAB i -CEDAR RAPIDS • DEC MDI NES r (4) Institutional uses. a. Civic, cultural and historical institutions. b. Homes - children's, aged, convalescent, rest and nursing homes and group care facilities. C. Hospitals, including sanitariums and asylums. d. Schools - generalized private instruction, elementary and junior high and specialized private instruction. e. Schools - generalized private instruction, senior high. f. Schools - daycare center/preschool (5) Places of assembly, worship, recreation, entertainment and amusement. a. Bowling alleys. b. Clubs and lodges. Where permitted 10 parking spaces for each classroom - Where permitted One (1) parking space, which -may be located on a regularly constructed aisle, for each six (6) children. Where permitted Four (4) parking spaces for each alley. Where permitted Parking spaces equal Ln number to one-third (1/3) of the occupant load of the lodge or meeting room or the largest room in the building, whichever is greater. - .._.. MICROFILMED. BY. JOFIM MICF10LA9 ` )4 CEDAR RAPIDS - DES MOINES 1 330 tiN 121 W I Where permitted w One (1) parking space for i except CB -2 each 800 sq. ft. of floor area used or intended to be used by the public. Where permitted For group care facilities and children's hones, one (1) parking space for each staff member determined by the maximum number of staff present at any one time and one (1) parking space for every two (2) occupants. For other uses, one Cl) parking space for each three (3) beds. Where permitted One and three quarters (1 3/4) parking spaces for each hospital bed. Where permitted Two (2) parking spaces for each classroom - Where permitted 10 parking spaces for each classroom - Where permitted One (1) parking space, which -may be located on a regularly constructed aisle, for each six (6) children. Where permitted Four (4) parking spaces for each alley. Where permitted Parking spaces equal Ln number to one-third (1/3) of the occupant load of the lodge or meeting room or the largest room in the building, whichever is greater. - .._.. MICROFILMED. BY. JOFIM MICF10LA9 ` )4 CEDAR RAPIDS - DES MOINES 1 330 b`} .. _ ••j:.>�` nom' _..r+.J.. .__...III CROFILMED.BY. ..._._ . JORM MICR+LAB CEDAR RAPIDS - DE: MOINES I( i 3369 122 .. C. Establishments or enterprises of a — recreational or an entertainment nature (for uses not otherwise — listed): I. Spectator type - Where permitted Parking spaces equal in _ auditoriums, number to one-fourth sports arenas, (1/4) the occupant load theaters, stadiums, of the seating area. and meeting halls. 2. Participating Where permitted Parking spaces equal in type - skating number to two-thirds (2/3) — rinks, dance the occupant load of the halls, tennis area used for the courts, swimming participatory sport or — pools, archery activity. ranges, gynmasiums, - j pool halls. d.. Golf course. Where permitted Three (3) parking spaces for each green (hole). e. Golf driving Where permitted One (1) parking space _ range. for each tee, if pro- vided, or one (1) - parking space for each 20 feet of range width (along the tees). f. Libraries, museums Where permitted One (1) parking space for - and art galleries. each 300 sq. ft. of floor area. g. Religious institu- Where permitted Parking spaces equal in tions. number to one-sixth (1/6) the occupant load in main auditorium or the largest I room in the building, whichever is greater. — (6) Other uses. For uses not listed, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the Building Official. (b) General rules applicable to off-street parking. The following rules shall govern in the design, location and number of off-street parking and stacking spaces, aisles and drives. (1) Where a fractional space results, the number of parking and stacking spaces required is the closest whole number. b`} .. _ ••j:.>�` nom' _..r+.J.. .__...III CROFILMED.BY. ..._._ . JORM MICR+LAB CEDAR RAPIDS - DE: MOINES I( i 3369 a 123 i (2) Whenever a use existing prior to the effective date of this Chapter is enlarged to the extent of less than 50 percent in floor area, the addition or enlargement shall comply with the parking requirements set forth herein. (3) Whenever a building existing prior to the effective date of this Chapter is structurally altered by one or more additions, the sum total of which increases the floor area to the extent of 50 percent or more, the uses contained within the original building and all enlargements shall thereafter comply with the parking requirements set forth herein. (4) Whenever a use existing prior to the effective date of this Chapter is converted to another use, the use shall thereafter comply with the parking requirements set forth herein. _ However, a use, for which there presently is not provided the required number of parking or stacking spaces, may be converted to another use without full compliance with the required number of parking or stacking spaces, provided that: a. If a greater number of parking or stacking spaces is required for the converted use than for.the present use, the increased number of parking or stacking spaces shall be provided in addition to the number of parking spaces that presently exist; and — b. In addition to the spaces required under subparagraph a, or if subparagraph a is not applicable, as many additional parking or stacking spaces shall be provided as the physical limitations of the lot, building or other - provisions of this Chapter will allow. (5) In the case of 'mixed uses, the parking and stacking spaces required shall equal the sum of the requirements of the various uses computed separately. - (6) The storage of merchandise, materials, equipment, refuse ` containers, obsolete or junk vehicles, or the major repair of _ vehicles is prohibited in required off-street parking and stacking spaces. (c) Construction, design and location requirements. (1) Construction. All parking and stacking spaces, drives and aisles shall be constructed of asphalt, concrete or similar permanent dust free surface. (2) Design. Parking and stacking spaces, aisles and drives shall be designed as follows: a. Parking areas shall have the minimum dimensions illustrated in Figure 1 for each of the parking configurations permitted (where the edges of parking — spaces are curved, as on a curved aisle, all angles shall 33Gf 4 4 � 1 MICROFILMED BY JORM MICR+LAB E i, CEDAR RAPIDS •DES I401NE5 � 44i M .� ,� GAeKINC; c�Oh1�ILIV�LCr101.1> ANJ ,ilt1��SIDNS r STAri1DGL�J7 uC�11GL�� '�r'!r�GT '✓EE-+IGLE� :, -' z:' h- z;' -- v. . - Cu,•C i 19-}- - 19' i - 19' --j cv2e I 1 t. •, vl PAeAI.lFL 1 , I 1:::a•;........; I I I - I, d15�E 4:•—:19. `I to,: f r AI:VE j...-15 --{ i loll15 c0er it; I Dues t Z:7' �9 ` 4 _i'r' '�s• AI51_E r I i .... _ _ �- K'a .!-•IZ'8' i ¢9.•{ T I-"- ��eB I � uT..L:;'n'.J. ,4� 5'-� NePi 1 I . Amp i T� � .I I I •. I I l I 1 ' +� /1•'••I 1 I I 'I I \\' 1 I ..1 1 4{�"�'": A151 -E 13 r r 1'9'5 GJZB 9.''1•"9.7. 1-Zr' �eU2f'i j 600zi I I ' t 1 }'`�•a' i i 1 �:, f>.t 1 � S� -tJ`• _! X11 A16U I'V 1 i A15LE IB r e, _ fr 199 �? 1_ i 15' 32' AI��E 2V r t M 3 3G8 " MICROFILMED BY. _. -� _I JORM MICR+LAB 1 CEDAR 114105 " DES MOINES i 124 be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersection). b. Up to one-third (1/3) of the required number of parking spaces may be eight (8) feet in width by 15 feet in length if the parking spaces are signed "Compact Vehicles Only. c. All parking spaces shall be connected to an aisle which shall have a minimum width as indicated in Figure 1. Aisles designed for two-way traffic shall have a minimum _. width of 22 feet. d. The greatest aisle width shown in Figure 1 shall be _ provided when combining different parking space config- urations on the same aisle. e. Except for single family dwellings, duplexes and townhouse - units, parking spaces shall be designed to permit ingress and egress of the vehicle without moving any other vehicle occupying a parking space. For single-family dwellings, - duplexes and townhouse units, when located pursuant to the requirements of this Chapter, one space may be behind another. - f. No parking area shall be designed in such a manner that -• j exiting a parking area would require backing into a I street. g. No parking area with more than eight (8) parking spaces j shall be designed in such a manner that exiting the r ! parking area would require backing into an alley. h. Parking spaces along lot lines and alleys shall be pro- vided with car stops or curbing so no part of a parked vehicle can extend beyond the lot line or into the alley. i. All parking spaces, stacking spaces, drives and aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water from such areas onto streets and alleys which do not have adequate drainage facilities as determined by the City Engineer. j. In all parking areas required by this Chapter, parking spaces shall be visably delineated on the surface by _ painted or marked stripes. k. If two or more parking areas on a lot are connected by a drive, the parking areas shall be designed such that an - aisle connected to more than 12 parking spaces is not used as a drive in providing access to another parking area. r, ... AIICROEILNEO.nY _...._.! .I JOM MICR AB 1 i - [CEDARIMPIDS • DES MOINES I t 3348 144 125 (3) Location. Parking spaces, aisles and drives shall be located as follows. a. General. 1. Off-street parking and stacking spaces, aisles and drives shall be located on the same lot as the use served except as provided in subsection (d). 2. In all R zones, except for zero lot line dwellings, and in all other zones abutting an R zone, drives and aisles shall not be located closer than three (3) feet to a lot line or an R zone boundary unless pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines for the purpose of storm water runoff. M 3. Parking areas in a C or I zone shall not be located closer than five (5) feet to an R zone. 4. No parking space shall be located closer than five ii (5) feet to a ground floor doorway or a window of a principal building. b. Front yard. i 1. Except as provided below, in R zones and in the C _ and I zones within 50 feet of an R zone, no parking shall be permitted in the front yard. 2. For detached single family dwellings in the R zones, one (1) of the required parking spaces may be provided in the front- yard on a regularly constructed aisle provided that not less than 50 percent of the front ! yard area shall remain in open space free of impervious surface. 3. For zero lot line dwellings, duplexes, and family care facilities, two (2) of the required parking spaces may be provided in the front yard on a regularly constructed aisle provided that not less than 50 percent of the front yard area shall remain in open space free of impervious surface. 4. In the ORP .Zone; only 10 percent of the required number of parking spaces, may be located in the front yard not closer than 50 feet to a street. 5. Where the paved surface of a street is narrower in — width than 28 feet, four (4) of the parking spaces required by Chapter 32 (Subdivision Regulations) may be located in the front yard on a regularly con— structed aisle. 334 _ I . MICROFILMED BY ' JORM MICR+LA6 1 y I CEDAR RP PIDS • DE: MOINCS ( 1 i i 126 C. Side yard. Except for single and two-family dwellings or where two lots share the same parking and stacking spaces, drives and aisles pursuant to subsection (d), no parking spaces, aisles or drives shall be permitted in that portion of the required side yard which is contiguous to the principal building on a lot. — d. Rear yard. Parking and stacking spaces, drives and aisles may be provided in the rear yard. (d) Off-street parking located on a separate lot. Where two or more uses share the same off-street parking and stacking spaces, aisles and _ drives, an increase in the number of spaces is required by a conversion or an enlargement of a use, or when uses are located in a CB -2 zone, off-street parking and stacking spaces, aisles and drives may be located on a separate lot from the use served provided a special exception is granted by the Board of Adjustment and that the following conditions are met: (1) Special location plan. A special location plan shall be filed with the Board by the owners of the entire land area to be included within the special location plan and contain such information deemed necessary to comply with the requirements herein. Evidence of ownership shall be provided. (2) Off-street parking location. a. In R and C zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than 300 feet. b. In I and ORP zones, the nearest point of the parking area to the nearest paint of the building that the parking - area is required to serve, shall not be greater than 600 feet. (3) Where off-street parking is used jointly by two (2) or more uses the number of parking spaces shall be equal to the sum total of off-street parking space requirements of all such _ uses. (4) Up to 50 percent of the parking spaces required for commercial recreational uses, clubs, schools or restaurants and up to 100 percent for a religious institution may be shared by financial institutions, offices, retail establishments, repair shops, personal service establishments and similar uses not normally open, used or operated during the same hours. (5) A written agreement properly executed by the owners within the — area of the special location plan assuring the retention of the parking and stacking spaces, aisles and drives and binding upon their successors and assigns shall be submitted with the _. special location plan as a convenant running with the land. 33G � �. MICROFILMED BY JORM MICR�LAB r { CEDAR RIMS • DE- MOINES l 1. i 127 (6) In instances where a use is wihin of 600 feet o.f ea na City-owumber nod parking area, up to 50 percent parking spaces may be prolvicant wishes in the torpravidecoff-street -- the instance where an app wishes the Board shall parking in a City -owned parking Y+ substantiate that, with the addition of the number f cars for a use accommodated in the facility, t capacity facility will not be exceeded. (7) In assessing an application for a special exception, the Board shall consider the desirability Ofthe sles alocation nd of of street parkin and stacking spaces) separate from the use served in terms of pedestrian and - vehicular traffic safety and any detrimental sles effects such may have off- street parking and stacking spaces, on adjacent property. (e) Screening requiremeats. In addition to the applicable requirements for screening of Sec. 36-76(j), the following screeningrequirements connection with parking areas shall be met: (1) Where a parking area is provided on a lot within 50 feet of an abutting lot with a residential use which requires fewer parking spaces, the portion of the parking area within 50 feet of the abutting lot shall be screened from view within the abutting lot or at such time as provided in Sec. 36-76(j)• (2) Where a parking area is provided on a lot within 100 feet across the street from alot w pacesresidential which the portion Of the o _ requires four (4)fewer-parking parking area within 100 feet shall be screened from view within the lot or at such time as provided in Sec. 36-76(j). (3) The materials for screening and the placement shall comply with the regulations of Sec. 36-76(j). (f) Off-street arkin in the CB -10 Zone. Except aermittedlse onlyroafter+ off-street parking in thep CB -10 zone Board of Adjustment. The Board approval of a special exce tion by parking upon surrounding uses shall consider the impact of the proposed p 8 P in relation to the following requirements: (1) Screening. In addition to the applicable requirements for screening of subsection (e) herein, where a parking area abuts a street it shall be separated therefrom by a solid fence, wall, or evergreen hedge having a height of not less than three (3) feet nor more than five (5) feet. (2) Access. Each entrance and exit to the parking leaving a spa l be constructed so that vehicles entering or ion leavon any sidewalks area shall be clearly visible to a p at a distance of not less than 10 feet. 3348 I _ I4ICROFILMEO BY _- JORM MICRI LAB I I -CEDAR RAPI05 • DES MOINES c i I M 128 (3) Signs. Appropriate signs, including stop signs posted at the exits to streets, shall be provided. (g) Special vehicle parking and storage. In an R zone certain vehicles because of special characteristics shall comply with the following requirements: (1) Vehicles more than seven (7) feet in height shall not be parked in the front yard or side yard, except upon a regularly constructed aisle for the purposes of loading and unloading. (2) Commercial vehicles designed for the shipment of detonable materials or flammable solids, liquids or gases shall not be parked on any lot in an R zone except for the purpose of making local deliveries. (h) Parking for handicapped persons. Where a use is required to pro- vide accessibility for handicapped persons, at least two (2) percent of the parking spaces shall be set aside and identified with signs for use by handicapped persons. The spaces shall be a minimum of 12 feet 6 inches wide and located with the most convenient access to the building. A smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (i) Modification of parking requirements. Where it can be demonstrated that a specific use has such characteristics that the number of parking " - or stacking spaces required is too restrictive, the Board of Adjustment may grant a special exception to allow up to not more than a 50 percent reduction, and more for buildings placed on the National Register of Historic Places, in the required number of parking or stacking spaces. _ l �.. . MICROFILMED BY 1 JORM MICR�LAB i -CEDAR RPRIDS • DE= MOINES 129 Sec. 36-59. Off-street loading requirements. Except in the CB -10 Zone, off-street loading spaces shall be pro- vided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establish- ment, industrial or research laboratory, or similar use which requires the receipt or distribution of materials or merchandise by trucks or vans and which has a floor area of 10,000 square feet or more, there shall be provided the minimum number of loading spaces as follows: Square Feet of Aggregate Minimum Required Number Gross Floor Area of Spaces 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80,000 3 80,000 to 120,000 4 120,000 to 160,000 5 For each additional 80,000 1 additional (b) General rules applicable to off-street loading. Except as other- wise provided in this Chapter, the same rules applicable to off-street parking, Sec. 36-58(b), shall apply to off-street loading. (c) Design requirements. (1) All loading spaces shall be constructed of asphalt, concrete or similar permanent -dust free surface. (2) Loading spaces shall be a minimum of 10 feet in width, 25 feet in length, and 12 feet in height, exclusive of aisles. When more than two (2) spaces are required, the spaces other than the first two (2) shall be not less than 12 feet in width, 72 feet in length, and 14 feet in height. .J (3) All loading spaces shall be pitched and drained to prevent the flow of water from such areas onto streets and alleys which do not have adequate drainage facilities. (d) Loading space location. (1) Except in the CB -2 zone, loading spaces shall be located so that trucks or vans to be loaded or unloaded do not back onto or out of a street. (2) In R and ORP zones and in the C and I zones within 50 feet of an R or ORP zone, no loading space shall be located in the front yard. (3) Loading spaces may be provided within a side or rear yard but shall not be located closer than five (5) feet to a lot line. 33Gd y � 1` MICROFILDED BY JORM MICR+LAE3 k 1 + CEDAR RPPIDS - DE.- MOINES 130 Sec. 36-60. Sign regulations Sec. 36-61. Definitions. The following definitions shall be applicable to the provisions of the sign regulations: (a) Advertising ign• A sign that is not an identification or direc- tional sign. (b) Animated sign. Any sign or part of a sign that moves or appears to move. (c) Awning sign. A sign placed on the surface of an awning. The area of an awning sign composed of any words or symbols printed directly on the surface of the awning shall be a total of the smallest trapezoids or hexagons which enclose each word or symbol. (d) Billboardoff-premises isters advertising e tisined to sign directed to the traveling publ c which has r (e) Building frontage. 'rhe norizouLa ..v.+g.... -- --- --- building. (f) Building or wall sign. A sign other than a roof sign which is supported by a building or wall. (g) Changeable copy sign. A sign characterized by changeable or moveable copy. - (h) Changing sign. A sign in which the sign face or any part thereon changes or appears to change with definite action or motion, flashing and/or changes. Such signs shall not include wind actuated elements. (i) Directional sign. An on -premises sign designed to guide or direct pedestrian or vehicular traffic. (j) Directory sign. A sign containing the name of a building complex, or center and two (2) or more identification signs of the same size, color, and general design, limited to one (1) identification sign per occupant. (k) Exposed light source. The use of exposed lamps, inert tubes or any combination thereof, provided that an exp lamp does not exceed 11 watts or that an inert gas tube does not draw more than 60 milliamps. When inside frosted lamps or exposed lamps with a diffusing screen are used, no lamp shall exceed 25 watts. (1) External lighting. Illumination by artificial light, the source of which is not visible from any street right-of-way, reflecting from the sign face. d sign which is within he ter nd parallels tos or t at an angle fof snot more than 45 degreestfrometheea wall Of 33 Gf I _...._ MICROFILMED BY l JORM MICR#LAE 1 ? -CEDAR RAPIDS • DES MO DIES t � 1 .. I I 1 ,M 131 the building on which it is mounted. Such signs do not extend more than one (1) foot out or more than one (1) foot out at the sign's closest point from nonvertical walls. (n) Free standing sign. A permanent sign which is supported by one or more up -rights or braces in or upon the ground and not attached to any building or wall. (o) Front wall. The wall of a building upon which a sign is mounted which defines the exterior boundaries of the side of the building on which the sign is mounted and which has a slope of 45 degrees or greater with the horizontal plane. Where a building contains two (2) or more uses, the front wall of a building as used herein shall mean the portion of the wall of the building that constitutes the exterior wall of each use. (p) Identification sign. An on -premises sign that displays no more than the name, numerical address, crest, insignia or trademark, - occupation or profession of an occupant of the premises or the name of any building on the premises. (q) Illuminated sig ¢. Any sign in which a source of light is used to make the message readable. (r) Institutional bulletin board. An on -premises sign containing a surface upon which is displayed the name of a religious institution, school, library, community center or similar institution and the announcement of its service or activities. (s) Internal lighting. Illumination by an artificial light, the source of which is not visible but reaches the eye through a diffusive medium. (t) Marquee sign. A sign attached to and contained within the perimeter of the face or valence of a marquee or any other similar projection from a building. (u) Monument sign. A sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another. (v) Non -conforming sign. A sign which would be allowed in the proper zone but which is prohibited in the specific zone in which it exists. The elimination of said signs are prescribed for in Sec. 36-62(c). (w) Off -premise sign. A sign that is not an on -premises sign. (x) On -premises sign. A sign the primary purpose of which is to identify or direct attention to a profession, business, service, activ- ity, product, campaign or attraction manufactured, sold or offered on the premises where the sign is located. (y) Prohibited sign. A sign prohibited in all zones regardless of type of sign or its size. The removal of said signs are prescribed for in Sec. 36-62(c). (z) Projecting sign. A building or wall sign, other than a facia sign, supported only by the wall on which it is mounted. 33G� {. MICROFILMED BY 1 JORM MICR+LAO + CEDAR RpP]DS DES MOINES . i i 132 (aa) Reflectorized lighting. The intensification of illumination by reflectarized lams or by external reflectors. (bb) Revolv`ign. A sign which revolves or turns. (cc) Roof sign. A sign erected upon or above and affixed to a roof or parapet. (dd) Sign. Any structure visible from thepublic right-of-way including, but not limited to, a device or display, other than buildings or landscaping, used primarily for visual communication for the purpose of, or having the result of, bringing the subject thereof to the attention of a person, group of persons, or the public generally. The term sign includes, but is not limited to, any and all reading matter, letters, numerals, pictorial representations, emblems, trademarks, inscriptions, and patterns, whether affixed to a building, painted or otherwise depicted on a building, or separate from any building. (ee) Sign area. That area of a sign determined by using actual dimensions where applicable, or approximate dimensions when irregularity Of sign shape warrants. Such area shall include the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign or of the display. The area of the sign composed of characters or words attached directly to a building wall surface shall be the smallest trapezoid or hexagon which encloses the whole group of characters and/or words. (ff) Under -canopy sign. A sign attached to the underside of a canopy, marquee, or building projection or of any similar projection from a - building protruding over a puElic or private sidewalk or right-of-way. Sec. 36-62. General sign regulations. (a) Signs permitted in all zones. The following signs shall be permitted in all zones: (1) Real estate signs. Temporary signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed. One (1) such nonilluminated sign not to exceed six (6) square feet shall be permitted on each premise. Such signs shall not extend higher than four (4) feet above grade nor closer than five (5) feet to any lot line unless located on the wall of a building. Such signs shall be removed within 48 hours after the execution of an offer to buy or of a contract of sale. (2) Construction signs. Signs which identify the architects, engineers, contractors and other individuals involved in the construction of a building or signs which announce the character of the building enterprise or the purpose for which the building is intended. Such signs do not include product advertising. In R zones, one such nonilluminated sign not to exceed six (6) square feet shall be permitted on each premise. Such sign shall not extend higher than four (4) feet above grade 33GP - MICROFILMED BY 7 �tt JORM MICR+LAB 1 I i CEDAR RAPIDS • DE'_ MOINES i i I 133 1-1 or closer than five (5) feet to any lot line unless located on the wall of a building. Such a sign shall be removed within 48 hours after the completion of construction or the execution of an offer to buy or of a contract of sale. In all other zones, one such nonilluminated sign, not to exceed 50 square feet, shall be permitted along each street on which a lot has frontage. Such a sign shall not extend higher than 10 feet above grade or be closer than 10 feet to any lot line unless located on the wall of a building or on a protective barricade surrounding the construction. Such signs shall be removed within one (1) week following completion of construction or the execution of an offer to buy or of a contract of sale. (3) Political campaign signs. Temporary signs announcing candidates seeking public political office or pertinent political issues or containing other election information, such as "Vote Today." Political signs are permitted in all zones subject to the following requirements: V a. In R zones, one (1) nonilluminated political sign not to exceed six (6) square feet in area for each candidate or pertinent political issue may be displayed on each premises. Such signs shall not be erected earlier than 30 days prior to the date balloting takes place for the candidate or issue indicated on the sign and all such signs shall be removed no later than two (2) days after i the balloting date. b. In other zones, political signs shall conform to the applicable regulations for advertising signs. Such signs shall not be erected earlier than 45 days prior to the date balloting takes place for the candidate or issue indicated on the sign and all such signs shall be removed no later than seven (7) days after the balloting date. A political sign in the window of a building in C and I 't zones shall not exceed six (6) square feet and shall include no more than one (1) sign for each candidate or pertinent political issue. (4) Seasonal decorations. Signs which pertain to recognized national, state and local holidays and observances. Such signs shall not be erected earlier than six (6) weeks prior to the holiday or observance and all such signs shall be removed no later than three (3) weeks after the holiday or observance. (5) Public signs. Signs of a noncommercial nature and in the public interest and erected by or upon the order of a public officer in the performance of his/her public duty. Such signs include safety signs, zoning signs, memorial plaques, signs of M historical interest and all other similar signs, and signs designating hospitals, libraries, schools, airports and other „ institutions or places of public interest or concern. F„ 33(x' r� MICROFILMED BY. JORM MICR+LAB { CEDAR RAPIDS • DE.' MOINES i 134 (6) Integral signs. Signs which contain such information as names of buildings, dates of erection, monumental citations, commem- orative tablets and other similar information; are carved into stone, concrete or other building material or made of bronze, aluminum or other permanent type of construction; and are made an integral part of the structure to which they are attached. (7) Private traffic directional signs. Signs directing traffic movement into or within a premises shall not exceed four (4) square feet in area per sign. Illumination of such signs shall be permitted in accordance with the regulations for the zone in which the premises is located. Horizontal directional signs painted on or installed flush with paved streets shall not be subject to regulation. The use of said signs shall not be permitted except where needed for the safe and efficient movement of traffic. (8) Vehicle signs. Signs accessory to the use of any kind of vehicle, provided the sign is painted on or attached directly to the body of the vehicle. (9) Insignias and flags. Insignias, flags and emblems of the United States, the State of Iowa, and municipal and other bodies of established government or flags which display the recognized symbol of a non-profit and/or noncommercial organization. (10) Institutional bulletin board. One (1) institutional bulletin board, externally or internally illuminated and not to exceed 24 square feet in area on each side, shall be permitted for each institution. No such sign shall extend higher than six (6) feet above ground level. (11) Facia sign. Except as otherwise provided herein, buildings located oa corner lots shall be permitted an additional facia sign, the area of which shall not exceed 65 percent of that permitted for a facia sign located on the front wall of the building. In no case shall the additional sign exceed 20 percent of the area of the wall upon which it is attached. The additional facia sign shall not be located on the front wall of the building. (b) Signs prohibited in all zones. The following signs shall be prohibited in all zones: (1) Obsolete signs. Signs that advertise an activity, business, product or service no longer conducted on the premises on which the sign is located. (2) Banners, balloons, posters, etc. Banners, balloons, posters, pennants, ribbons, streamers, spinners or other similar moving devices including street banners. (3) Swinging signs. Signs which swing or noticeably move from 33L�' 1 MICROFILMED BY JORM MICR+LA6 CEDAR RA PHS • DE: MOINES 1. I „. 135 wind pressure because of the manner of their suspension or attachment. (4) Portable signs. Signs that are not permanently anchored or secured to either a building or the ground. (5) Off -premises signs on public property. Off -premises signs located on public property. -- (6) Painted wall signs. On -premises or off -premises signs painted on building walls. (7) Hazard. Any sign which constitutes a traffic or safety hazard. (8) Building or wall signs. Signs, other than facia signs, which encroach on or over a street right-of-way or which extend above the roof line. (9) Roof signs. Signs attached to a roof. (10) Animated signs. Animated signs, except for one (1) barber pole per barber shop which does not exceed three (3) feet in ` 'height, nine (9) inches in diameter, and does not project into i the public right-of-way more than one (1) foot. (11) Projecting signs. Projecting signs into the public 1 right-of-way except the following: a. Time and temperature signs in C or I zones which contain l no advertising and do not exceed 25 square feet in area. b. Signs of governmental units. (c) Elimination of prohibited signs and nonconforming signs. It is the intent of this Chapter that all prohibited signs and nonconforming signs be eliminated within the period set herein. (1) Prohibited signs. All prohibited signs set forth above shall be removed within a period of not more than one (1) year from the effective date of this Chapter, except that portable signs, banners, obsolete signs, hazard and window signs shall be removed immediately. (2) Amortization of nonconforming signs. All nonconforming signs shall be removed within a'period of not more than eight (8) ` years from the effective date of this Chapter. (d) Off -premises signs regulations. Off -premises signs shall meet the i following requirements: ~ (1) Such signs may consist of not more than two (2) parallel I; faces. 4A 'ti 3 3G8 �.. FILMED BY JORMRO MICR+LAE3 ' t CEDAR RA MOS - OE: MOINES I t I J i 136 (2) The back of such signs shall be effectively shielded from public view by a building wall, another sign face or by painting the exposed back a neutral color. (3) All structural members shall be painted neutral colors. (4) Only wall -mounted signs shall be permitted in the CC -2 Zone. Either free-standing or wall -mounted signs shall be permitted in the CH -1, CI -1, I-1 and I-2 zones. (5) Such signs shall not be erected or maintained in excess of one (1) sign per lot frontage and shall not be closer than 300 _ feet apart. (6) Such signs shall not be located within 300 feet of the lot line of any lot in a RS -5, RMH or RS -12 zone but such signs may be permitted to within 150 feet of any RM or an RNC -20 zone. (7) Such sign shall not be located within 300 feet of any public - square or public park, public or parochial school building, church building or cemetery, public museum, main post office or buildings designed and erected for the purpose of housing the principal administrative and/or judicial seats of city, county, state and/or federal government. (8) Such signs shall comply with the sign location requirements of the zone in which they are located. (9) Such signs shall not be located on roofs of buildings. (10) Such sign shall not exceed a height of 25 feet above center street grade closest to the sign. (11) Such signs shall not exceed 72 square feet per sign face. i (e) Large scale regulations variance. (1) General requirements. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that the owner or lessor of the premises petition for said signage. Said design or theme may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. The owners or tenants of any Large Scale Residential or Non -Residential development may petition for special sign allowances. The sign design may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (f) Material and construction requirements. (1) Material. All signs, except those enumerated in Sec. 36-62(a), shall have a surface or facing of incombustible material. Structural trim may be of a combustible material. 33G8 .MICROFILMED BY t JORM MICR+LAB � + �CE DPR RPP IDS DE: MOIRES � i 41 ■ 131 -• (2) Construction. All signs, except those enumerated in Sec. 36-62(a), shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required by the Building Code or other ordinances of the City. (g) Obstruction of egress. No sign shall be erected, relocated, or maintained as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be attached to a stand pipe or fire escape. (h) Traffic hazard. No sign shall be erected where, by reason of position, shape, or color, it may interfere with or obstruct the view of any authorized traffic sign, signal, or device or which makes use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. (i) License and permits required. (1) License required. a. It shall be unlawful for any person to erect, alter, repair, move, improve, remove, paint or convert any sign except those enumerated in Sec. 36-62(a), nonilluminated window signs in C and I zones, and signs for home occupa- 1 7 tions without first having on file with the Department of Housing and Inspection Services a sign erector's license in good standing. _ b. The license to erect, alter, repair, move, improve, remove, paint or convert any sign as required herein - shall be known as a sign erector's license and shall be issued by the City Manager or his/her designee to the person desiring to perform the work indicated above. No such license shall be issued to any person until such person shall have paid to the City Manager or his/her designee a license fee as established by resolution of City Council and shall have filed with the Department of Housing and Inspection Services a.copy or a certificate of a contractor's public liability insurance policy with coverage limits of $100,000.00 per person, $300,000.00 per occurrence for bodily injury, and $10,000.00 for property damage liability. The City shall be designated as an additional insured and be notified 30 days in advance of the termination of the policy by the insured or insurer. The policy.shall indemnify and save harmless the City from any and all damage, judgment, cost or expense which the City may incur or suffer by reason of said license issuance. C. Every sign erector's license shall expire on the date established by resolution of the City Council unless revoked. The renewal fees shall be set by resolution of the City Ccouncil. 3348 4 .._.MICROFILMED BY l JORM MICR#LAE] t 1 S -CEDAR RANDS • DEC MOINES f � 138 d. The City Manager or his/her designee shall be responsible for enforcement of these provisions and shall be _. empowered to suspend or revoke a sign erector's license for any violation of the sign regulations if the license holder shows incompetency or lack of knowledge, or if the _- license was obtained by fraud. A person aggrieved by the revocation, suspension or _ denial of a license may appeal the action directly to the Board of Adjustment. e. If a license is revoked for any reason, another license shall not be issued for 12 months after revocation. (2) Permit required. a. No person, firm or corporation shall erect, alter, repair, move, improve, remove, paint or convert any sign except those enumerated in Sec. 36-62(a), nonilluminated window signs in C and I zones, and signs for home occupations without first obtaining an erection permit _ from the Building Official and making payment of the required permit fee. All illuminated signs shall also be subject to the provisions of the electrical code and the permit fees required thereby. b. A separate permit shall.be obtained for each sign. C. Only a person _holding a valid sign erector's license issued by the City may obtain a permit to perform work regulated by this section. d. No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his/her employ. (3) Permit fees. Every applicant, before being granted a permit, shall pay to the Building Official a permit fee for each sign, other than those enumerated in Sec. 36-62(a), nonilluminated window signs in C and I zones and signs for home occupations. The fee shall be established by resolution of the City Council and be subject to the following: a. The fee for an alteration to an existing sign shall be based on the actual area of the alteration and not necessarily for the total area of the sign. _ b. Any person found to be erecting, altering, repairing, moving, improving, removing, painting or converting any sign or other advertising structure prior to the issuance of a permit or who has erected, altered, repaired, moved, improved, removed, painted or converted a sign or other advertising structure prior to the issuance of a permit, - shall be charged double the normal fee, but the payment 33G8 i �.. �!. NICROFILIIED BY ...".� l JORM MICR#LA9 1 1 CEDAR RANDS 0E: 1101NE5 ? ) 139 r '+ �+ of such double fee shall not relieve any person from fully complying with the requirements of this Chapter in r the execution of the work nor from any penalties prescribed herein. (j) Illuminated sign permits. The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications concerning all — wiring and connections to determine if they comply with the Electrical Code and he/she shall approve the permit only if the plans and specifications comply with the Code. This action of the Electrical Inspector shall be taken prior to submission of the application to the Building Official for final approval of the erection permit. (k) Applications. Application for erection permits shall be made upon blanks provided by the Building Official and shall contain or have attached the following information: (1) Name, address, telephone number, and sign erector's license number of the applicant. p. (2) Location of building, structure, or lot onto which the sign is I-, to be attached or erected. (3) Position of the sign in relation to nearby buildings or structures. (4) Two (2) blueprints or ink drawings of the plans and specifica— tions and method of construction and attachment to the building or the ground. (5) Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by these regulations and all other ordinances of the City. (6) Name of the person erecting the structure. (7) Any electrical permit required and issued for the sign. (8) Such other information as the Building Official shall require to show full compliance with these regulations and all other ordinances of the City. -- (1) Permit issued. It shall be the duty of the Building Official, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which a sign is proposed to erect the sign or other advertising structure. If it appears that the proposed structure is in compliance with all the requirements of these regulations and all other ordinances of the City, he/she shall issue the erection.permit. If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, said permit shall become null and void. (400if i . MICRorILMED.BY� JORM MICR¢LAB CEDAR RANDS • DE- MONIES f 7� L J 140 Sec. 36-63. Regulations by zone. _ (a) ID RR -1, RS -51 RS -8 RMH and RS -12 zone regulations. (1) General requirements. a. No sign shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot linesand setbackmeasured fromfrom any lot line. pin, or within a five (5) foot b. No advertising sign shall be permitted, except as allowed in Sec. 36-62(d). (2) Permitted signs. (1) on -premises identification facia sign or free-standing sign not to exceed one (1) square foot in area per sign face shall be permitted for each dwelling unit. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or externally lighted with non -flashing white light. b. One (1) on -premises identification facia sign, free-standing sign, or monument sign act to exceed 24 I. square feet in area per sign face shall be permitted for " each building frontage for nonresidential uses. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with ! each other, an(i may be non -illuminated or externally or internally lighted with non -flashing white light. _ i(3) Special requirements. ! a. Facia signs shall not extend above the roof line. b. Free-standing signs shall not extend less than five (5) feet nor more than eight (8) feet above the grade. (b) RM 12 RM 20 RNC -20 RM -44 and RM -145 zone regulations. (1) General requirements. a. No sign shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin, or within a five (5) foot setback from any lot line. b. No advertising sign shall be permitted, except an ideati- fication sign as permitted below in paragraph (2) which may include reference to number and types of units, furnishings and other accessories. ,3,3 (off - { 'l MICROFILMED BY ...... j. _I I DORM MICR�LAS l I CEDAR RAF?DS • DEC MOINES f 1 f � { 4• i rCEODI MICROFILIIE0 BYRM MICR4LABR RKP1DS - DEC MOINES II N 336f ■ 141 (2) Permitted signs. a. One (1) on -premises identification facia sign or free- standing sign not to exceed one (1) square foot in area per sign face shall be permitted for each dwelling unit. — The sign may consist of not more than two (2) parallel faces and may be non -illuminated or illuminated by an internal non -flashing light source. An identification sign of larger dimensions shall be permitted for the following uses: - 1. Any multi -family dwelling complex containing five (5) to 15 dwelling units shall be permitted one (1) identification sign of four (4) square feet. 2. Any multi -family dwelling complex containing 16 to i, 29 dwelling units shall be permitted one (1) identification sign of not to exceed 12 square feet 4� in area per sign face. 3. Any multi -family dwelling complex containing 30 units or more shall be permitted one (1) identifica- tion sign of not to exceed 24 square feet in area =1 per sign face. I I� b. One (1) on -premises identification facia sign, free- < standing sign, or monument sign not to exceed four (4) j square feet in area per sign face shall be permitted for fraternities/sororities and rooming houses. I ^ C. One Cl) on -premises identification facia sign, free- standing sign, or monument sign not to exceed four (4) square feet in area per sign face shall be permitted for nonresidential uses including group care facilities, nursing. homes, and hospitals with facilities to accom- modate 49 .or less persons. Any such uses containing facilities for 50 or more persons shall be permitted one (1) identification sign of not to exceed 16 square feet in area per sign face. d. Subdivisions in excess of two (2) acres may have an identification sign with a maximum area of 24 square feet. i (3) Special requirements. J a. Facia signs shall not extend above the roof line. b. Free-standing signs shall extend not less than five (5) feet nor more than 10 feet above the grade. C. Monument signs shall extend not more than five (5) feet above the grade. rCEODI MICROFILIIE0 BYRM MICR4LABR RKP1DS - DEC MOINES II N 336f ■ 142 (c) CO -1 and CN -1 zone regulations. (1) General requirements. a. No sign or sign support shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin or within a five (5) foot setback from any lot line. b. If a building has two or more occupants, the occupants may jointly erect and maintain a sign, provided the joint sign is within the zonal regulations. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does act exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or internally or externally lighted with a non -flashing light source. b. One (1) on -premises identification monument sign not to _ exceed one-half_ (k) square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and ! j shall be non -illuminated. The back side of the monument sign shall be enclosed. C. No more than one (1) of the following signs (1 or 2) shall be permitted. 1. One (1) on -premises identification undercanopy sign not to exceed four (4) square feet in area per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces and may be non -illuminated by an internal non -flashing light source. 2. One (1) on -premises identification facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign may be non -illuminated or illuminated by an internal or external non -flashing light source. d. Window signs shall be allowed provided they do not exceed - four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is 33G� { MICROFILMEO,BY l .IORM MICR+LAEI I i� CEDAR R4M • OES MOINES 1 143 less. These signs may advertise the name, days and hours Of operation, telephone number, and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. e• Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (d) CH -1 zone regulations. (1) General requirements. a. No sign or sign support shall be erected in the corner of a lot defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from a corner pin. No portion of the sign or sign support shall Project into this triangle at an elevation of less than 10 feet. b C. If a building has two (2) or more occupants, the occupants may jointly erect and maintain a sign provided the joint sign is within zonal regulations. No sign shall be erected within 50 feet of R zones which abut CH -1 zones. In all instances as described above, signage shall be bound by all regulations and requirements for signage in the CN -1 zones. (2) Permitted signs a• No more than one (1) (1, 2 or 3 of the following signs shall be permitted: ) 1• One (1) on -premises identification and/or square advertlsfooting mperDelinealsign faatnot tofelotdfrontaaef (�) occupant and not to exceed 50 square feet per sign face shall be permitted.' The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or externally or internally lighted with a non -flashing light source. 2. In all CH -1 zones, which abut Federal Interstate Highways or Federally Designated Freeways, all signs erected shall comply with applicable State and Federal regulations and such regulations shall set the standards for signs erected within 660 feet of the right-of-way of the Federal Interstate HYghways or Federally Designated Freeways in addition to the requirements in this zone. Where a conflict exists, the State and Federal Regulations shall, prevail. This exception is expressly limited to CH -1 zones abutting Highways or Freeways and does not apply to 3 Sew 7.. MICROFILMED BY t JORM MICR+LAB I CEDAR RAPIDS • DES MOINES 1 II( I M 144 the State primary system unless it is a Federal Interstate or Freeway. 3. One (1) on -premises identification and/or advertising projecting sign not to exceed 75 square feet per sign face shall be permitted. Said sign may consist of not more than two (2) parallel faces and may be non -illuminated or illuminated by an internal non -flashing light source. 4. One (1) on -premises identification and/or advertising free-standing sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant, and not to exceed 125 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or illuminated by an external, internal, or exposed non -flashing light source. b. One (1) on -premises identification and/or advertising sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign shall not exceed 75 square feet per sign face. The sign may be - non -illuminated or internally or externally Lighted with a non -flashing light source. C. A free-standing billboard sign subject to the require- ments of Sec. 36-62(d) of this Chapter shall be permitted. d. No more than one (1) of the following signs (1 or 2) shall be permitted. - 1. One (1) on -premises identification under canopy sign not to exceed six (6) square feet per sign face shall be permitted per building frontage. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with aon-f lashing light source. 2. One (1) on -premises identification facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign may be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. e. Window signs shall be allowed provided that they do not exceed four (4) square feet in area or 25 percent of the ,J . .. 141CROFI04ED. BY. JORM MICR+LAE3 ` 1 i CEDAR RAPIDS • DES MOUVCS � f ,: A w, 145 "^ area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, _ days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. f. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Monument signs shall extend not more than five (5) feet above the grade. C. Free-standing signs shall not exceed 35 feet in height nor less than 10 feet above grade. No dimension of the sign shall exceed 10 feet nor shall any part of the sign project nearer than five (5) feet from any lot line. d. Projecting signs shall not project more than eight (8) feet from the building and shall not be less than 10 feet above grade over pedestrian -ways or 14 feet above grade over vehicular -ways and parking areas. No dimension of the sign shall exceed 15 feet and the sign shall not extend more than four (4) feet above the roof line. No support of the sign shall project above the roof line. e. Under -canopy signs shall not exceed a maximum dimension of six (6) feet or in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than nine (9) feet above grade. f. Standard signage appearing as an integral part of the gasoline pumps as purchased and installed shall be permitted. Decals which constitute standard signage and which are normally affixed after installation of gasoline pumps shall be permitted. (e) CC -2 zone regulations. (1) General requirements. a. If a building has two (2) or more occupants, the occu- pants may jointly erect and maintain a sign provided the joint sign is within zonal regulations. b. No sign shall be erected within 50 feet of R zones which abut CC -2 zones. In all instances as described above, signage shall be bound by all regulations and require- ments for signage in the CN -1 zones. t I I _ MICROFILMED ,BY1. ....� 1 DORM MICR+LAS -CEDAR RAPIDS • DES MOVIES I I 1. l M 146 c. In the event that five (5) or more business units are located adjacent to each other and provided the owners of the businesses reach unanimous agreement, a common major sign in lieu of individual signs, as listed below in paragraph (2), may be permitted. The sign shall not exceed 175 square feet. (2) Permitted signs. a. No more than one (1) of the following signs (1 or 2) shall be permitted. 1. One (1) on -premises identification and/or adver- tising monument sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant _ and not to exceed 50 square feet per sign face shall be permitted. Said sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may _ be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. 2. One (1) on -premises identification and/or adver- tising free-standing sign not to exceed one (1) .square foot per lineal foot of lot frontage per occupant and not to exceed 125 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and -may be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. b. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. C. A facia sign not to exceed 65 percent of the maximum square footage allowed for facia signs in a CN -1 Zone shall be permitted in those instances where a business has frontage on two (2) intersecting streets. d. A wall -mounted billboard subject to the requirements of - Sec. 36-62(d) shall be permitted. e. No more than one (1) of the following signs (1 or 2) shall be permitted. 33G�' MICROFILMED BY. l JORM MIC ROLA9 { CEDAR RiMOS • DEC I40INE5 4A: �M _ 147 1. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face shall be permitted per building frontage. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with non -flashing white light. 2. One (1) on -premises identification facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign may be non -illuminated or internally or externally lighted with non -flashing white light. f. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. — g. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line unless located on the face of a parapet wall. b. Monument signs shall not extend more than five (5) feet above grade. C. Free-standing signs not exceed 35 feet in height ,shall nor be less than 10 feet above grade. No dimension of the sign shall exceed 15 feet nor shall any part of the sign project into public right-of-way. u d. Projecting signs shall not project more than six (6) feet from the building and shall not be less than 10 feet above grade over pedestrian -ways or 14 feet above grade over vehicular -ways and parking areas. No dimension of — the sign shall exceed 10 feet or extend more than four (4) feet above the roof line. e. Under -canopy signs shall not exceed a dimension of six (6) feet or in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than 10 feet above grade. f. Off -premises identification and/or advertising billboard signs subject to the requirements of Sec. 36-62(d) are permitted. 4 � 1 r MICROFILMED BY 1 l JORM MICR+LAB { CEDAR WPM • DE_ MOINES 1 148 (f) CB -10 Zone regulations. (1) General requirements. a. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that all tenants and owners agree by petition upon the design or theme. The design or theme may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed _. 20 percent of the area of the front wall of the building. If the building is higher than one story and the business occupies more than one story, the maximum size signage _ permitted shall be determined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be nonilluminated or internally or externally lighted with a nonflashing light source. b. One (1) on -premises identification under -canopy sign not - to exceed six (6) square feet per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces and may be nonilluminated or internally _lighted with nonflashing white light. C. One (1) on -premises directory facia sign not to exceed four (4) square feet in area per sign face shall be permitted where occupants have no street frontage, and _ the sign shall be located immediately adjacent to the principal entrance to the occupant's premises. The sign may be nonilluminated or internally lighted with nonflashing white light. d. One (1) on -premises advertising marquee sign not to exceed one square foot per lineal foot of building frontage and not to exceed 50 square feet shall be permitted. The sign may consist of not more than two (2) parallel faces and may be nonilluminated or internally lighted with nonflashing white light. e. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related infor- mation about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. - � I �. MI CROP I UIED•BY�� it JO FIM MICR +LAB ` CEDAR AP P!DS - DES MOIIIES � t ;. M ua 149 f. Identification awning signs not to exceed 25 percent of the surface the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Under -canopy signs shall not exceed a maximum dimension of six (6) feet nor in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than 10 feet above grade. (g) CB -2 zone regulations. (1) General requirements. a. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme provided that all tenants and owners agree by petition upon the design or theme. The design or theme may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permitted shall be determined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or internally or externally lighted with a non -flashing light source. b. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with a non -flashing light source. C. One (1) on -premises directory facia sign not to exceed four (4) square feet in area shall be permitted where occupants have no street frontage, and the sign shall be located immediately adjacent to the principal entrance to the occupant's premises. The sign may be non -illuminated or internally lighted with a non -flashing light source. h. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. _.141CROFILMED BY l JORM MICR#LAB l CEDAR R410S • OEC MINES I l i 3%8 14` ,s M �, 150 (3) Special requirements. — a. Facia signs shall not extend above the roof line. b. Under -canopy signs shall not exceed a dimension of six _. (6) feet nor in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than 10 feet above grade. C. Directory signs shall not exceed four (4) square feet in area and no dimension of the sign shall exceed two and one-half (2') feet. d. No roof signs, off -premises signs or billboards shall be permitted. — e. No temporary signs consisting of painted, cardboard, plastic, paper or similar material shall be permitted to be attached to any window or outside wall. f. All monument signs shall not extend more than five (5) feet above grade. (h) CI -1, ORP, I-1 and I-2 zone regulations. (1) General requirements. a. No sign shall be erected within 50 feet of R zones which abut CI -1, ORP,_ I -land I-2 zones. In all instances as described above, signage shall be bound by all regula- tions and requirements for signage in the CN -1 zones. b. In the event that five (5) or more uses or buildings are located adjacent to each other and individual facia signs as listed below in subparagraph (2)a.1 are erected, a common major sign of the type permitted in subparagraph (2)a.2 or (2)a.3 may be permitted provided the following conditions are met: 1. The area of the common sign shall not exceed 175 square feet, d. One (1) on -premises advertising marquee sign not to exceed one (1) square foot per lineal foot of building frontage and not to exceed 50 square feet per sign face shall be permitted for theatre marquees. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with a - non -flashing light source. e. Two (2) on -premises identification "permanent, painted" window signs not to exceed two (2) square feet per sign shall be permitted per occupant. — _ ...MICROFILMED BY ..'..� t JORM MICR+LAB CEDAR RAPIDS - DEC MOINES ,:a w � 151 f. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of — the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related informa- tion about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. g. No more than one (1) of the following signs (1 or 2) shall be permitted: I. One (1) on -premises identification or advertising monument sign not to exceed one (1) square foot per lineal foot of building frontage. The sign shall — not exceed 50 square feet per sign face but may be internally or externally lighted. i _• 2. One (1) on -premises identification or advertising free-standing sign not to exceed one (1) square foot - per lineal foot of building frontage. The sign shall not exceed 50 square feet per sign face but ;i may be internally or externally lighted. 2. The area of the common sign shall be deducted from the total maximum permitted sign area for all of the individual facia signs, and — 3. The area of the common sign shall be deducted an equal amount from the maximum permitted sign area - for each individual facia sign. (2) Permitted signs. a. No more than one (1) of the following signs (1, 2 or 3) shall be permitted. — 1. One (1) on -premises identification and/or adver- tising facia sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of the building. If the building is higher than one story and the business occupies more than one story, the maximum size signage permitted shall be deter- mined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or _ internally or externally lighted with a non -flashing light source. 2. One (1) on -premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total signage of frontage with a maximum total signage of 150 square feet shall be permitted. 3368 7MICR�Fl�,Ii�E6'BY lI CR LAB C DEC MOINES I N 152 3. One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot per lineal foot of building frontage and not to exceed 50 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or internally or externally lighted with a nonflashing light source. b. One (1) on -premises identification facia sign not to exceed four (4) square feet per building frontage shall be permitted. The sign shall be non -illuminated. C. A free-standing billboard sign subject to the require- ments of Sec. 36-62(d) shall be permitted. d. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related informa- tion about the business being conducted on the premises. These. signs may alsoincludeinformation relative to the acceptance of credit cards or bank cards. (3) Special requirements. a. No support or part of a free-standing sign shall project into the street -right-of-way. Note: The provisions in Sections 36-60 through 63 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. Sec. 36-64. Reserved. .. �. .. ._... MICROFILMED. BY.. -__.__i l JORM MICR+LAS 4 CEDAR RAPIDS • DEC MOINES i' _ rl 153 Sec. 36-65. Fence and hedge requirements. (a) Location and height. Fences and hedges, when located within a front, side or rear yard or within five (5) feet of a lot line, shall be subject to the following location and height requirements: (1) No portion of a fence more than 10 percent solid shall exceed eight (8) feet in height. (2) Fences and hedges shall be located so no part thereof is within two (2) feet of an alley or a street right-of-way line. (3) At street intersections, no fence or hedge more than two (2) feet in height above the curb level, shall be located within a triangular area two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. _ (4) In R zones or within 50 feet of a lot with a residential use at ground level, fences within the front yard shall not exceed four (4) feet in height. Fences may be constructed to a height not exceeding eight (8) feet along primary arterial streets identified in the Comprehensive Plan. (b) Enclosures. Except as otherwise provided, fenced enclosures shall be provided for swimming pools with a depth of18inches or more and for dog runs and shall be subject to the following requirements: _ (1)An outdoor swimming pool, the edge of which is less than four (4) feet above grade, shall be completely enclosed by a fence not less than four (4) feet in height. The fence shall be so constructed as not to allow a five (5) inch diameter sphere to j pass through the fence. A principal or an accessory building may be used as part of such enclosure. (2) All gates or doors opening through an enclosure shall be equipped with a self-closing and self -latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped. The Building Official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded herein. (3) Dog runs shall be enclosed by a fence of sufficient height and construction to contain the dog at all times. (c) Barbed wire and electric fences. Barbed wire and electric fences ; shall be subject to the following requirements: (1) Barbed wire shall consist of twisted wires with barbs on each wire a minimum distance of four (4) inches apart. Concertina wire shall be prohibited. • . NICRDFILIIED BY l JORM MICR+LAB t CEDAR WPM • DEE P101ME5 r �{ i 154 (2) Except for the enclosure of livestock operations, barbed wire fences shall only be permitted in a C, I or ORP zone, provided that the bottom strand of barbed wire shall not be less than six (6) feet above grade. (3) Except for the enclosure of livestock operations, electric fences shall not be permitted in any zone. (4) No electric fence shall carry a charge greater than 25 milli- amphere nor a pulsating current longer than one-tenth (1/10) per second in a one (1) second cycle. All electric fence charges shall carry the seal of an approved testing labora- tory. (5) Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) feet of street right-of-way line where a public sidewalk does not exist. In the latter case, however, either fence may be erected or constructed along the right-of-way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk.. Said agreement shall be processed with the application for a permit. (d) Permit required. 'It shall be .unlawful to erect or construct or cause to be erected or constructed any electric or barbed wire fence or any fence over six (6) feet in height without obtaining a permit. All applications for fence permits shall be submitted to the Building Official and shall be .accompanied by a sketch or design of the proposed fence and a plot plan showing the location of the proposed fence. NOTE: The provisions in Section 36-65 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. , MICROFILIIED BY JORM MICR+LA9 M 1 { OEDAB RPPIOB • DE_ 1401NE5 �. 1 3349 - 1 41' 155 t ARTICLE IV. GENERAL PROVISIONS DIVISION 1. DIMENSIONAL REQUIREMENTS Sec. 36-66. General. - The following dimensional requirements shall be applicable in all zones or in the zones indicated. Sec. 36-67. General yard requirements. (a) In an R zone, lots platted after the adoption of this Chapter and _ abutting a primary arterial street, as designated on the Comprehensive Plan Map, shall have a front yard of 40 feet. (b) If lots fronting on two (2) or more streets are required to have a front yard, a front yard shall be provided along all streets. (c) Where a frontage is divided among zones with different front yard requirements, the deepest front yard shall apply to the entire frontage. Where an ORP Zone is included among the zones, the front yard required i for the ORP Zone need not be considered provided lots within 100 feet of the ORP Zone shall have a front yard with not less than 20 feet. I (d) Where a lot in a C or I zone abuts an R zone, a yard at least equal to the abutting yard required in the R zone shall be provided along the R zone boundary line. (e) Where more than one (1) principal building is permitted on a lot (1) the required yards shall be maintained around the group of buildings, and (2) Except in the RM -145 zone the buildings are separated by a horizontal distance that is equal to the height of the highest building. In the RM -145 zone, high rise buildings shall be separated from other dwellings by a horizontal distance of — eight (8) feet for the first story plus two (2) feet for each additional story. (f) There shall be a minimum of six (6) feet between all unattached buildings on a lot. — (g) Residential uses, except motels and hotels, located at ground level in a C zone, shall be provided with the yards required in the RS -5 zone. _ i (h) In all zones, if a side or rear yard is provided where not re- quired, the side or rear yard shall be at least five (5) feet wide. (i) Parking and stacking spaces, aisles and driveways located in yards shall be subject to the provisions of Sec. 36-58. 141CROFILMED BY JORM MICR¢LAB { -CEDAR RAPIDS - DES MOINES 156 Sec. 36-68. Permitted obstructions in yards. The following obstructions may be located in the required yards specified subject to the special conditions indicated. (a) Buildings, accessory. Accessory buildings may be located in any yard except the front yard, provided they shall comply with the require- ments of Sec. 36-57. (b) Building features. Eaves, cornices, marquees, awnings, canopies, belt courses, sills, buttresses, or other similar building features which extend beyond the wall of a building may project into any yard " provided that such projections from a principal building shall not be closer than two (2) feet to any side lot line. Such projections from an accessory building shall not be closer than one (1) foot to a rear lot w line or a side lot line. (c) Chimneys. Chimneys may project into any yard not more than two (2) feet. (d) Dog runs. Dog runs constructed solely for the purpose of confining _ dogs for exercising and feeding may be located in any yard, provided that in an R zone they shall not be located in a front yard or side yard nor closer than 10 feet to a rear lot line. (e) Fences and hedges. Fences and hedges may be located in any yard subject to the requirements of Sec. 36-65. (f) Fire escapes and unenclosed stairways. Fire escapes and unenclosed stairways may extend into any yard provided they shall not extend into a side yard more than three and one-half (3�) feet. (g) Fuel dispensing equipment. In commercial and industrial zones, i fuel dispensing equipment may be located in any yard. (h) Ornamental features. Light fixtures, flag poles, arbors, trel- lises, fountains, sculptures, plant boxes, plants and trees and other similar ornamental features may be located in any yard provided that: (1) At street intersections, no ornamental feature more than two (2) feet in height above the curb level shall be located within a triangular area two (2) of its sides 30 feet in length and measured along the rights-of-way lines from the point of intersection, and (2) Trees planted in the front yard shall comply with the locational requirements of Sec. 36-73 and the Forestry Ordinance of the City Code of Ordinances. (i) Parking, off-street. Except as otherwise provided in Sec. 36-58, open off-street parking may be located in any yard. (j) Porches, balconies, decks and stoops, uncovered. Porches, balcon- ies, decks and stoops which are uncovered, may extend into any yard 33G � BY t JORM MICR+,.AB I CEDAR WPM • DEQ M'9RE5 i 157 provided that such projections shall not extend into a front yard more than eight (8) feet. Stoops may extend into a side yard not more than two (2) feet. (k) Signs. Except as otherwise provided in Sec. 36-60, signs may be located in any yard. (1) Swimming pools and hot tubs. Swimming pools and hot tubs with a depth of 18 inches or more may be located in any yard, provided that in an R zone they shall not be located in a front yard and shall not be located closer than 10 feet to a side or rear lot line. (m) Telephones, coin operated. In commercial and industrial zones, coin operated telephones may be located in any yard. (n) Windows. Bay windows and similar projecting windows may extend into any yard provided that in an R zone they shall not extend into the side yard or the rear yard of a reversed corner lot. Sec. 36-69. Requirements and exceptions for established setbacks. (a) Where at least 50 percent of the lots along a frontage are occupied by buildings that deviate in setback more than five (5) feet from the required front yard, the minimum front yard for each lot along the frontage shall be established in the following manner: (1) If all the buildings have a setback of more than five (5) feet _ of the required front yard, the front yard shall be equivalent to the setback of the closest building to the street. (2) If all the buildings are located more than five (5) feet closer to the street than the required front yard, the front yard shall be established five (5) feet closer to the street ~ than the required front yard. (3) If (1) or (2) is not the case, the front yard for each lot shall be determined as follows: ~ a. Interior and double frontage lots. At the option of the lot owner, the front yard shall be established as the front yard required in the zone in which the lot is located or otherwise as follows: 1. The front yard of a lot shall be established as an average of the setbacks of the principal buildings on the abutting lots to each side. 2. Where a principal building is located on an abutting lot on one side only, the minimum front yard shall be equal to the setback of the principal building on the abutting lot. . b. Corner lots. The minimum front yard of a corner lot shall be the front yard required for the zone in which it is located. ,33 4, ...MICROFILMED BY .� JORM MICR+LAO t ! CEDAR RAPIDS • DES MO i_ 4 V wM 158 (b) A special exception may be granted by the Board of Adjustment for a " modification of yard requirements, when such modification would not be contrary to the public interest nor contrary to the general purpose and intent of this Chapter and meet the conditions of Sec. 36-91. Sec. 36-70. Height exceptions. (a) The following structures or parts thereof shall be exempt from the height limitations set forth in the zones indicated, provided that an increase in height shall not conflict with the provisions of the Airport Overlay Zones. (1) In all zones. a. Chimneys or flues. — b. Church spires. C. Cupolas, domes, skylights and other similar roof protrusions not used for the purpose of obtaining - habitable floor space. d. Farm structures including barns, silos, storage bins and similar structures when associated with a farm. e. Flag poles. f. Parapet or fire walls extending not more than three (3) feet above the limiting height of the building. g. Poles, towers and other structures necessary for essen- tial services. h. Roof structures including elevator bulkheads, stairways, ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances required to operate and maintain the building. i. Television antennas and similar apparatus. (2) In the C,'I and ORP zones. a. Grain elevators. b. Radio and television communication towers. C. Stacks. d. Storage tanks and water towers. (b) In all zones, except the ORC Zone, the maximum height in each zone may be increased, on the condition that for each font of height increase above the maximum height limitation there is provided an additional two (2) feet of front, side and rear yards and that an increase in height shall not conflict with the provisions of the Airport Overlay Zones. 33G� u . 111CROFILMED BY JORM MICR+LAE3 �} I CEDAR RAPIDS • DES MOINES } 1 ■ .M 159 Sec. 36-71. Reserved. -.- �..... .,...MICR OFILMED.BY. _,_._._._J- JORM MICR+LAB -CEDAR RAPIDS • DEE MOINES I 'd ..3368: 160 DIVISION 2. TREE REGULATIONS Sec. 36-72. General. (a) Purpose. The purpose of these regulations shall be to assure that _ trees are preserved and planted with the development or redevelopment of buildings, drives and parking areas within the City in accordance with the best ecological concepts, environmental objectives and site planning principles so the well-being of the residents of the City is protected and enhanced. (b) General applicability. No building permit or certificate of occupancy shall be issued for the construction, reconstruction or structural alteration of a building on a lot without conformity with the provisions of the tree regulations. However, property in the CB -10 and AG Zones and individual lots occupied by single family dwellings shall be exempt from the requirements of these provisions. The distances required herein for the location of a tree shall mean the distance to _ the center of the tree and where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number. The varieties and sizes at initial installation of trees permitted by this ordinance for the use indicated are specified in the "List of Recommended Trees for Iowa City" attached as a supplement and made a part of this Chapter. Evergreen trees, used for screening purposes in accordance with the provisions of Sec. 36-76(j), may be used to satisfy the requirements of the tree regulations provided they are of a variety ^ suitable for screening purposes, as listed in the supplement, and are allowed to grow to their mature height. - (c) Site plan. When provisions of the tree regulations are applicable, a site ("plot") plan shall be submitted with the request for a building permit and shall, in addition to the information normally required, include: (1) the size and location of required tree islands; and (2) the mature height (small or large), location and type (evergreen or deciduous) of existing and proposed tree - plantings. Sec. 36-73. Requirements. - (a) Trees adjacent to and within street rights-of-way. The following provisions shall regulate the planting of trees adjacent to and within street rights-of-way: (1) Applicability. a. Whenever there is a conversion or a new use established, the requirements of this subsection shall be applicable to the entire lot. b. Whenever a principal building(s) is constructed, re- constructed or structurally altered by one or more 1 . MICROFILMED BY. �. ` JORM MICR+LAB t tj CEDAR WPM DE. MOINES 1 i J 4, M 161 additions, the total of which increases the floor area by more than 10 percent, the requirements of this subsection shall be applicable to the entire lot. C. If any provision of this Chapter would preclude the planting of one or more trees adjacent to the right-of- way, the trees unable to be planted adjacent to the right-of-way shall be planted within the right-of-way according to the provisions of paragraph (3). However, trees excluded by the provisions of paragraph (3) may be omitted. d. If trees presently exist within the right-of-way, trees need not be planted adjacent to the right-of-way provided that the required number of trees exists. Additional trees required shall be planted adjacent to the right-of- way except as provided in subparagraph c above. (2) Required tree planting adjacent to street rights-of-way. Trees shall be planted adjacent to street rights-of-way and meet the following conditions: a. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the city forester. b. Large and medium size trees shall be planted at a minimum ratio of one tree for every 40 feet of lot frontage or for small size trees, every 30 feet of lot frontage. In the case of a c@rner lot, only one tree for every 60 feet of lot frontage shall be required. C. Treesshallbe planted adjacent to street rights-of-way within eight (8) feet of the right-of-way line but not closer than four (4) feet to a public sidewalk or the anticipated location of a future sidewalk where one does not now exist. d. Small size trees may be located within eight (8) feet of a building; however, large and medium size trees shall not be located closer than 16 feet to a building. e. Large and medium size trees shall be spaced no closer than 40 feet apart, or for small size trees, no closer than 16 feet apart, except along streets where screening is appropriate or required. In the latter case, trees shall be planted in accordance with the provisions of Sec. 36-76(j) and be of a variety suitable for screening purposes as designated in the "List of Recommended Trees for Iowa City." f. Trees shall be located within tree islands and separated from parking areas pursuant to the requirements of paragraph (b)(2). 336d� 111CROFILMED BY �-..., t JORM MICR+LAB ' 1 - CEDAR RAPIDS • DES 1401NES i. _ j ..4 163 (1) Applicability. a. Whenever the total number of parking spaces required or provided in a new parking area for a use exceeds 18 parking spaces, the requirements of this section shall be applicable. These requirements shall also apply in the following instances: b. This section shall apply to an existing parking area under the following conditions: 1. If the number of parking spaces in an existing parking area is increased to exceed an area which accommodates 18 parking spaces, the parking area in - excess shall comply with the requirements of this section. - 2. If an existing parking area, which exceeds 18 parking spaces, is increased in area, the additional parking area shall comply with the requirements of this section. I 3. If an existing parking area does not consist of a permanent dust -free surface and is required to be = surfaced or altered in any way, the provisions of this section shall apply as if the parking area had not previously existed. C. Whenever a residential building is constructed, reconstructed o= structurally altered by one or more additions, the total of which increases the floor area by more than 10 percent, the requirements of paragraph (2) shall be applicable to the entire lot. d. Parking ramps, covered parking areas, and parking areas that are an integral part of a building shall be exempt from the requirements of this section. ~ (2) Required tree planting for residential uses. Trees shall be planted on a lot with a residential use and meet the following conditions: a. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" or permitted by the City Forester. b. Trees shall be planted at the minimum ratio of one tree for every 550 square feet of total building coverage of the lot. (Where residential uses are combined with other uses, the building coverage shall be determined on the basis of the greatest amount of residential floor area of any floor that is wholly or partially devoted to a residential use.) These trees shall be in addition to the trees required to satisfy the requirements of Sec. 36-73(a)(2) and (b)(3). 33109 .. _. . MICROFILMED BY _... JORM MICR#LA6 CEDAR RA NDS - DES MOINES t. '4i ■ 164 C. Trees shall not be located within four (4) feet of a public sidewalk or within three (3) feet of a street right-of-way line where a public sidewalk does not exist. d. Trees shall not be located within a triangular area at _ street intersections, two (2) of its sides 30 feet in length and measured along the right-of-way lines from the Point of intersection. (3) Required tree planting for parking areas. Trees and tree islands shall be provided within and abutting the perimeter of the parking area(s) and meet the following conditions: - a. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as appropriate for parking areas or permitted by the City Forester. b. Tree islands shall be located so every parking space or portion thereof is not more than 40 feet from a small size tree within a tree island or 60 feet from a medium or large size tree within a tree island. C. Tree islands shall be located as to separate parking spaces from drives and alleys as in the illustration below. I h t ` F 1 + f MaWTC Cana ._ I i4{ d. Each tree island shall not be less than 170 square feet in area for trees allowed in small islands (the length of the tree island shall not exceed 20 feet) and shall be not less than 350 square feet in area for trees not allowed in smaller islands as indicated in the "List of Recommended Trees for Iowa City.,, t e. Tree islands shall be separated from parking spaces, drives, and alleys by an unmountable curb or a barrier a ` minimum of five (5) inches in height. The curb or barrier shall be constructed in such a manner that saltwater runoff will not damage the tree. _ �. . _. ,:•<"-�..-yam ...MICROFILMED BY. _ . JORM MICR+LAB I i - CEDAR RAPIDS • DES MOINES I � 3 3Gf 33GP . ._ MICROFILMED BY .1 JORM MICR+LAB i CEDAR RPPIDS • DES MOVIES + I 165 ^, i ct f. Trees allowed in small tree islands shall be planted within required tree islands at the ratio of one tree for each 170 square feet of tree island area. Large or medium size trees not allowed in smaller islands shall be planted within required tree islands at the ratio of one tree for each 350 square feet of tree island area. FiJ j,. g. Trees allowed in small tree islands shall be located a minimum of four and a half (4�) 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. ww h. Trees shall not be located within four (4) feet of a ii public sidewalk or within three (3) feet of a street right-of-way line where a public sidewalk does not exist. rw (c) Installation. All tree plantings required by this section shall be - installed prior to occupancy or commencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the �f Building Official may grant a delay to the seasonal calendar dates of I.t June 1 or November 1, whichever occurs first. - (d) Maintenance. It shall be the responsibility of the owner of a lot to maintain and replace, if necessary, trees required by these " provisions after their planting. NOTE: The, provisions in Sections 36-72 and 73 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. { Sec. 36-76. Reserved. y, i L.i 1 ! V 33GP . ._ MICROFILMED BY .1 JORM MICR+LAB i CEDAR RPPIDS • DES MOVIES + I 166 DIVISION 3. PERFORMANCE STANDARDS Sec. 36-75. General. (a) New uses. Any'use established in the commercial or industrial zones after the effective date of this Chapter shall comply with the minimum performance standards contained in this Division. (b) Existing uses. Existing commercial and industrial uses which are not in compliance with the performance standards contained in this Division are exempt except where a use did not comply with performance standards in affect prior to the adoption of this Chapter (see Sec. 1-79(b)). Conditions which do not comply shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or altered provided that the addition or change conforms with the applicable performance standards. (c) Certification. When necessary, the Building Official may require of the applicant certification by a registered professional engineer or other qualified person, at the expense of the applicant, that the performance standards for a proposed use can be met. Sec. 36-76. Requirements. (a) Smoke. The emission of smoke from any operation or activity shall not exceed a density or equivalent opacity permitted below. For the purpose of grading the density or equivalent opacity of smoke, the Ringelmana Chart as published by the United States Bureau of Mines shall be used. (1) In the C zones and ORP Zone, the emission of smoke darker in shade than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion process beyond lot lines is prohibited. (2) In the I zones, the emission of smoke darker in shade than Ringelmann No. 2 from any chimney, stack, vent, opening, or combustion process beyond zone boundary lines is prohibited except that the emission of smoke of a shade not to exceed Ringelmaan No. 3 is permitted for not more than three (3) minutes total in any one eight (8) hour period when starting or cleaning a fire. (b) Particulate matter. No person shall operate or cause to be oper- ated any process or furnace or combustion device for the burning of coal or other natural or synthetic fuels without using approved equipment, methods or devices to reduce the quantity of gasborne or airborne solids of fumes emitted into the open air exceeding a rate permitted below at the temperature of 500 degrees Fahrenheit. For the purpose of deter- mining the adequacy of such devices, these conditions shall apply when the percentage of excess air in the stack does not exceed 50 percent at full load. The foregoing requirement shall be measured by the A.S.M.E. Test Code for dust -separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. 33e -if r _ ' 4 .141CROFILMED BY l JORM MICR+LA9 f �� I CEDAR RAMS • DE= 1101NES f i I � f M 167 (1) In the C zones and ORP Zone, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per — standard cubic foot (70 degrees F. and 14.7 psia) of air during any one-hour period or a total from all vents and stacks of one-half (') pound per hour per acre of lot area during any one-hour period. — (2) In the I zones, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per standard cubic foot (70 degrees F. and 14.7 psia) of air during any one-hour period or a total from all vents and stacks of three (3) pounds per hour per acre of lot area during any one-hour period. (d) Toxic matter. The release of airborne toxic matter from any opera- tion or activity shall not exceed the fractional quantities permitted below of the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not listed, verification that the proposed level of toxic matter will be safe and not detrimental to the public health or injurious to plant and animal life will be required. The measurement of toxic matter shall be on the average of any 24-hour sampling period. (1) In the C zones and ORP Zone, the release of airborne toxic matter shall not exceed 1/8th of the Threshold Limit Values beyond lot lines. _ (2) In the I zones, the release of airborne toxic matter shall not exceed 1/8th of the Threshold Limit Values beyond zone boun- dary lines. (e) Odor. The emission of o€fensive odorous matter from any operation or activity shall not exceed the odor threshold concentration defined in the American Society for Testing and Materials Method D1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" as the level which will just evoke a response in the human olfactory system when measured as set forth below. (1) In the ID and C zones and ORP Zone, odorous matter shall not exceed the odor threshold concentration beyond lot lines at ground level or habitable elevation. (2) In the I zones, odorous matter shall not exceed the odor threshold concentration beyond zone boundary lines at ground level or habitable elevation. (f) Vibration. Earthborne vibrations from any operation or activity shall not exceed the displacement values below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum permitted displacements shall be determined by the following formula: 3 3G8 ' MICROFILMED BY � � I 1 JORM MICR¢LAB C CEDAR RAP!05 • DE_- MOINES i i 4A 168 K _ D = f where D = displacement in inches K = a constant given in table below f = the frequency of the vibration _ transmitted through the ground in cycles per second Constant K by Type of Vibration Zone and Place of continuous impulsive (at less than Measurement least one second 8 pulses ' rest between per 24-hour, pulses which do period not exceed one second duration) C Zones and ORP 0.003 0.006 0.015 Zone: at lot lines _ I Zones: a. at zone 0.030 0.060 0.150 boundary lines b. at R zone, 0.003 0.006 0.015 recreational area or school boundary lines _ (g) Glare. Glare or light from any operation and all lighting for parking areas or for the external illumination of buildings or grounds shall be .directed or located in a manner such that direct or indirect illumination from the source of light shall not exceed one and one-half (1§) footcandles at lot lines in any R zone or C zone where 'a residen- tial use is located. (h) Sewage wastes. The following standards shall apply to sewage wastes at the point of discharge into the public sewer. (1) Acidity or alkalinity shall be neutralized within pH range from six (6:0) to 10.5. (2) Wastes shall contain no cyanides; no chlorinated solvents in excess of one-tenth (.1) ppm; no sulphur dioxide or nitrates in excess of 10 ppm; no chromates in excess of 25 ppm; no chlorine demand greater than 15 ppm; no phenols in excess of five one -hundredths (.05) ppm. There shall be no more than 25 ppm of petroleum oil, nonbiodegradable cutting oils or pro- ducts of mineral oil origin or any combination thereof. There shall be no oil and grease of animal or vegetable origin in excess of 300 ppm. No waste listed in this section shall contain any insoluble substances exceeding a daily average of 500 ppm (if exceeded, the City may apply a cost surcharge) or - failing to pass a No. 8 standard sieve or having a dimension greater than one-half (1/2) inch. '33(d r . 141CROFILMED,BY� JORM MICR+LAB ? CEDAR RAPIDS • DEC MOINES f j . .. 111CROFILMED BY l JORM MICR+LA13 t 1 CEDAR RAPIDS - DES MOINES I 169 - (i) Storage. (1) The open storage of materials and equipment shall not be permitted in any zone except the I-1 and I-2 Zones provided that the following requirements are met: a. Storage of materials and equipment shall be completely screened from view as required in Subsection (j) below. b. All combustible material shall be stored in such a way as to include, where necessary, access drives to permit free access of fire fighting equipment. (2) The bulk storage of flammable liquids and chemicals, when stored either in underground or above -ground tanks, shall occur no closer to the lot line or any principal building than '- the distance indicated by the following table: Minimum Separation Distances Water Capacity Underground Above -Ground Per Container Containers Containers Less than 125 gals. 10 feet None 125 to 250 gals. 10 feet 10 feet 251 to 500 gals. 10 feet 10 feet 501 to 2,000 gals. 25 feet 25 feet 2,001 to 30,000 gals. 50 feet 50 feet it �. 30,001 to 70,000 gals. 50 feet 75 feet 70,001 to 90,000 gals. 50 feet 100 feet { The distance may be reduced to not less than 10 feet for a single container of 1,200 gallons water capacity or less, provided such a container is at least 25 feet from any other container of more than 125 gallons water capacity. (j) Screening. Where a lot occupied by a commercial or industrial use abuts or is across a street, highway, alley, or railroad right-of-way from an R or ORP Zone, a school, or a recreational area including a park, playground or the Iowa River, screening shall be preserved, planted or constructed and maintained by the.owner of.the commercial or industrial use in accordance with the provisions set forth below. In the instance where a lot occupied by a manufactured housing use, located in an RMH Zone, abuts or is across the street from an RR -1 or RS -5 Zone, screening, in accordance with the provisions set forth below, shall also _ be provided by the owner of the manufactured housing use. (1) Location. a. Except for a use in the ORP Zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to, effectively obscure the commercial or industrial use from view at ground level within the lot lines of an R or ORP Zone, or school, abutting or located across the street from said commercial or industrial use. _ 338 . .. 111CROFILMED BY l JORM MICR+LA13 t 1 CEDAR RAPIDS - DES MOINES I 170 b. In an ORP Zone, screening shall be provided in a location and manner sufficient to effectively obscure all off- street parking and loading, storage, or other such areas of activity from view within the lot lines of the R Zone or school. C. In an R11H Zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to effectively obscure the manufactured housing use from view within the lot lines of residential development in an RR -1 or RS -5 Zone. d. In all instances where street right-of-way, which acts to separate the lots .on which said uses are located, is one hundred (100) feet or wider, screening shall not be - required. (2) Screening materials. a. A planting screen of pyramidal arbor vitae, the plantings being at least three (3) feet high when planted and spaced four (4) feet on center, may be used. Other evergreen varieties may be used if approved by and spaced according to the City Forestor. The planting bed shall have a minimum dimension of five (5) feet, be free of any impervious'.surface, and be separated from streets, drives and parking areas by an unmountable curb or barrier in _ such a manner that sand and saltwater runoff will not damage the screening. b. Where a planting screen cannot be expected to thrive _ because of intense shade, soil or other conditions, a solid fence of durable construction, an earthen berm - covered with grass or low shrubs and/or other acceptable materials which provide maximum visual obscurity to a height of six (6) feet at maturity may be used if approved by the City Forester. (3) Time of installation. a. If a lot proposed for a commercial or industrial use is located adjacent to or opposite an existing residential use or subdivision in an R Zone, or a school, screening as required herein shall be installed prior to occupancy or commencement of a use. The City Forester may grant a delay to the seasonal calendar dates of Tune 1 or November 1, whichever comes first. Similarly, if a lot or space intended for the placement of a manufactured housing use is located adjacent to, or across the street from an existing residential development in an RR -1 or RS -5 Zone, the owner of the manufactured housing use shall provide screening as described herein. 3341 - r �. . MICROFILMED BY JORM MICR+LAB 1 { I CEDAR RAPIDS • DEQ 14LLLI I ( 171 b. If "a" above is not the case, screening need not be provided until within six (6) months after a building permit is issued for a residential use or a school in an R zone, a final plat of a residential subdivision is approved, or a recreational area is available for use on adjacent or opposite land. (4) Exceptions. a. Where a proposed or existing commercial or industrial use is or will be located adjacent to or opposite a City recreational area, screening may be waived upon the granting of a special exception from the Board of Adjustment for the following reasons: I. If adequate existing or proposed landscaping within the recreational area is or will be provided. 2. If the nature of a use and the building(s) occupied by the use are not objectionable to the purpose of the recreational area. b. Screening may, be waived by the Building Official where the view is or will be blocked by a change in grade or by the natural or man-made features as determined by the Building Official.. (5) Maintenance. The owner shall keep, all screening properly maintained, free of trash and litter and all plant materials pruned in such a manner as to provide effective visual obscurity from the ground to a height of at least six (6) feet. Sec. 36-77. Reserved. _ __.._.,.MICROFILMED _BY_ _.._..1 JORM MICR+LAB -CEDAR WHOS • DEC MOINES tp 1 3 368 r i j i --' I i 171 b. If "a" above is not the case, screening need not be provided until within six (6) months after a building permit is issued for a residential use or a school in an R zone, a final plat of a residential subdivision is approved, or a recreational area is available for use on adjacent or opposite land. (4) Exceptions. a. Where a proposed or existing commercial or industrial use is or will be located adjacent to or opposite a City recreational area, screening may be waived upon the granting of a special exception from the Board of Adjustment for the following reasons: I. If adequate existing or proposed landscaping within the recreational area is or will be provided. 2. If the nature of a use and the building(s) occupied by the use are not objectionable to the purpose of the recreational area. b. Screening may, be waived by the Building Official where the view is or will be blocked by a change in grade or by the natural or man-made features as determined by the Building Official.. (5) Maintenance. The owner shall keep, all screening properly maintained, free of trash and litter and all plant materials pruned in such a manner as to provide effective visual obscurity from the ground to a height of at least six (6) feet. Sec. 36-77. Reserved. _ __.._.,.MICROFILMED _BY_ _.._..1 JORM MICR+LAB -CEDAR WHOS • DEC MOINES tp 1 3 368 172 DIVISION 4. NONCONFORMITIES Sec. 36-78. Intent. It is the intent of this Chapter to regulate nonconforming uses and structures because they have been found to be incompatible with per- mitted uses and structures in the zone involved. However, single family uses shall not generally be treated as noncomforming uses. Nonconform- ing buildings shall be regulated to prevent an increase in the degree of nonconformity. The lawful use of any building or land existing on the effective date of this Chapter may continue although such use or land does not conform with the provisions of this Chapter. - Sec. 36-79. General provisions. (a) Structural alterations. Structural alterations may be made to non- conforming buildings to meet the minimum requirements of other city codes. (b) Unlawful use not authorized. Nothing in this Chapter shall be interpreted as authorization for the continuance of the use of a struc- ture or land established unlawfully in violation of the zoning regulations in effect prior to the enactment of this Chapter. I (c) Single family dwellings treated as conforming. Notwithstanding any other provision of this Chapter, a single family use, a single family dwelling and accessory structures, or a lot on which a single family dwelling is located, that was conforming prior to the effective date of this Chapter, shall generally be treated as conforming for as long as the dwelling is used for a single family use. Accordingly, the following rights shall be granted under this Chapter. (a) Structures for a nonconforming single family use may be restored for a single family use if destroyed or damaged by fire, explosion, act of God, or by a public enemy; recon- structed; expanded; repaired; and structurally altered, - provided all other requirements of this Chapter are met. (b) Nonconforming single family dwellings or nonconforming accessory structures to a single family use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God, or by a public enemy; repaired; and structurally altered, provided such construction does not increase or extend the degree of nonconformity. Nonconforming structures shall not be reconstructed except in compliance with the provisions of this Chapter. (c) A nonconforming single family use and a nonconforming single family dwelling and accessory structures on a nonconforming lot shall be granted the same rights as above and any other rights as if the lot were conforming. (d) A nonconforming single family use and a nonconforming single family dwelling and accessory structures shall also be granted the same rights as for other nonconforming uses and structures. 3 Slog i y 141CROFILMED BY. ` JORM MICR LAB f � CEDAR RAPIDS •DEC MOINES I t 44 ,r 173 t.0 Sec. 36-80. Nonconforming uses. Except as otherwise provided in this Chapter, nonconforming uses and structures for nonconforming uses shall be regulated as follows. (a) No nonconforming use shall be enlarged nor shall a structure for a nonconforming use be constructed, reconstructed, structurally altered, or relocated on the lot. (b) A nonconforming use may be converted only to a conforming use. Once a use is converted to a conforming use, it shall not be converted back to a nonconforming use. (c) Any structure for a nonconforming use, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of less than 100% of the structure's assessed value, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use shall not be enlarged to more than existed before such damage. (d) A lot or portion of a lot, on which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% or more of the structure's assessedvalue, shall revert to a conforming use. (e) A lot or portion of a lot devoted to a nonconforming use, which is discontinued for a period of one (1) year, shall revert to a conforming - use. (f) A nonconforming use shall be permitted to have the same amount and type of signage as would be allowed for such use in the most restrictive zone in which such nonconforming use is allowed. Sec. 36-81. Nonconforming structures. I — Nonconforming structures shall be regulated as follows. (a) Any nonconforming structure, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of less than 100% of the structure's assessed value, may be restored to the same degree of nonconformity or less. (b) A nonconforming structure, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% or more of the structure's assessed value, shall not be restored except in compliance with the provisions of this Chapter. (c) Any nonconforming structure containing a conforming use may be converted to another conforming use, provided there shall not result an increase in the degree of nonconformity of the structure. (d) A nonconforming structure may be structurally altered, provided it is structurally altered in a way which will not increase or extend its nonconformity or in a way which will reduce its nonconformity. y I ... MICROFILMED BY .. _.� t JORM MICR LAB S CEDAR RP PIOS • DE= MOINES f ' I � I � i ,: M 174 (e) Any nonconforming structure which is relocated on the same lot shall thereafter conform to the provisions of this Chapter. _ Sec. 36-82. Nonconforming lots. Development of nonconforming lots shall be regulated as follows. (a) Any use or structure for a use permitted in the zone in which the lot is located may be established or erected, provided the use or structure meets all other requirements of this Chapter. However, no use nor structure for a use, either one of which requires more lot area than presently exists, shall be permitted. (b) All existing conforming or nonconforming uses and structures shall be trezted as if such uses and structures were established on a _ conforming lot. However, no use nor structure for a use, either one of which requires more lot area than presently exists and the structure of which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% or more of the structure's assessed value, shall be restored except in compliance with the provisions of this Chapter. i (c) If.two or more abutting lots or portions thereof become in single ownership, the land involved shall be deemed a single parcel for the purposes of this Chapter and no portion of, said parcel .shall .be sold or used in'a .manner which diminishes compliance with lot frontage, width and area requirements. Sec. 36-83. Reserved. j. i .. MICROFILMED BY . t JORM MICR+LAB t { CEDAR RAPIDS • DES MOINES 1 E � j 175 r " 3348 MICROFILMED BY ' JORM MICR+LAB ` -CEDAR RAPTDS • DEC M0114ES I � i `2 .: 1 DIVISION 5. IMPLEMENTATION Sec. 36-84. Enforcement. 4%w (a) It shall be the duty of the City Manager or his/her designee to enforce this chapter. It shall also be the duty of all officers and employees of the City and especially all members of the Police Department to assist the City Manager or his/her designee by reporting to him/her any new construction, ra.cons truction, land uses, or other seeming violations. (b) Appeals from a decision of the City Manager or his/her designee in enforcing this chapter may be made to the Board of Adjustmnet as provided in Section 1-79. Sec. 36-85. Construction prior to Chapter. r Nothing in this Chapter shall require any change in plans, con= struction or designated use of a structure for which a building permit has lawfully been issued prior to the effective date of this Chapter. "- Sec. 36-86. Building and occupancy certificates. No building or construction may be undertaken in the city until a - building permit has been issued by the City Manager or his/her designee a for such building or construction. _ No change in the use or occupancy of land, nor any change of use or occupancy in an existing building, other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a his/her certificate of occupancy has been issued by the City Manager or designee. If a building permit has not been issued prior to the _ adoption of this Chapter, every certificate of occupancy shall state No that the new occupancy complies with all provisions of this Chapter. - permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made for a _ certificate of occupancy and compliance, and no building or premises A - shall be occupied until such certificate and permit is issued. record of all certificates of occupancy shall be kept on file in the office of " the City Manager or his/her designee. A certificate of occupancy may be obtained for nonconforming uses. Application for certificate of occupancy for nonconforming uses shall be accompanied by affidavits of proof that such nonconforming use was not established in violation of the zoning ordinance after July 26, 1962, and before the adoption of this Chapter. - Sec. 36-87. Rules of construction for boundaries of zones. (a) Where uncertainty exists with respect to the boundaries of various zones as shown on the zoning map accompanying and made a part of this Chapter, the following rules apply: (1) The boundaries of the zones are the centerlines of either streets or alleys unless otherwise shown, and where the zones 3348 MICROFILMED BY ' JORM MICR+LAB ` -CEDAR RAPTDS • DEC M0114ES I � i `2 .: 1 176 designated on the map accompanying and made a part of this Chapter are bounded approximately by street or alley lines, the centerlines of such street or alley shall be construed to be the boundary of the zone. E4 (2) Where the boundaries of the zone are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the boundaries of the zone shall be construed to be the lot lines and where the zones designated on the zoning map accompanying and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones unless the boundaries are otherwise indicated on the map. (3) In separate tracts not subdivided and in unsubdivided .. property, the zoning boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map. (b) In interpreting and applying the provisions of this Chapter, such provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to !.. interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater.restriction this Chapter shall control. Sec. 36-88. Amendment of ordinance. (a) The City Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of zones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within 45 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. After the recommendation and report of the Commission have been filed, the Council shall before enacting any proposed amendment, supplement, change, modification or repeal, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of Iowa City. The Council may set such public hearing either before or after it submits such proposed amendment, 'supplement,change, modification or repeal to the Commission for its recommendation, or during the period while the Commission is considering such matter. (b) If a protest against such proposal, amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such proposed change; or of the area of those abutting lots extending the depth of one (1) lot or not to exceed 200 feet therefrom in any one (1) direction perpendicular to a side or rear lot line; or of the area of those lots directly across a ,3-54-9 - .MICROFILMED BY I JORM MICR+LAB I t i CEDAR P.4105.BE- MOINES i � F_ 177 street extending the depth of one (1) lot or not to exceed 200 feet from the street frontage of the lots, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the Council. W (c) Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district or zone regulation or district or zone boundaries shall deposit with the City Clerk such filing fee, if any, as the Council may from time to time w establish by resolution for petitions for rezoning. (d) No building permit for the erection of any building or structure or _ license or permit for the conduct of any use shall be issued for a period of 60 days after the City Council of Iowa City has set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone an area, if the building or use contemplated by the requested permit would not be permitted in that area under the proposed zoning classification. Provided, that if final action by the City Council is not taken oa the question within 60 days of the time the matter is set for public hearing, the permit or license shall issue. If within the 60 day period the City Council shall enact an ordinance amending the Zoning Ordinance the provisions of said Zoning Ordinance as amended shall a thereafter be in effect. If within the 60 day period the City Council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations. (e) If a permit for a building or structure has been issued for a particular area but no substantial part of the construction has been commenced at the time, if the City Council shall set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all construction and other action shall be suspended for a period of 60 days after the setting of the public hearing. Provided, however, that if final action by the City Council is not taken on the question within 60 days, construction may be commenced. If within the 60 day period the City Council shall enact an ordinance amending the Zoning Ordinance, the provisions of the Zoning Ordinance as amended shall be in effect and if said provisions prohibit the building, structure or use contemplated by the suspended permit, said permit shall stand automatically revoked and terminated. If the City Council shall vote on. said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and construction may be commenced under the permit. The suspension of work under the provisions of this Ordinance may not be invoked and are not applicable if previously said permit has been suspended under the provisions of this Chapter. (f) No property or area within the City shall be subject to the suspen- sion provisions of this Chapter unless 12 months shall have expired after a previous suspension period, said 12 month period to commence with the final day of the 60 day suspension period provided for in this Chapter. 33G� 4 � � PoICkOFl Lt/ED DY. � l JORM MICR¢LAB r { CEDAR RAPIDS • DEC F101NES i � 178 (g) The Planning and Zoning Commission may recommend to the City Council amendments, supplements, changes, or modifications to this Chapter or to the boundaries of zones or to the zoning of particular tracts. If the Commission initiates a recommendation to the Council, said recommendation need not be submitted to the Commission for its report but may be set for public hearing forthwith. Sec. 36-89. Violations. — (a) The owner or manager of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, or who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Chapter, shall be subject upon conviction, to imprisonment not to exceed thirty days, or a fine not exceeding $100.00. Each day that a violation is permitted to exist after proper notice shall constitute a separate offense. (b) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter, the r ,i appropriate authorities of the City of Iowa City, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land. t'I ! Sec. 36-90. Annexation. (a) Voluntary annexation: All applications for voluntary annexation of land to the City of Iowa City shall, in addition to the necessary requirements for annexation, designate the zoning classification which the applicant wishes for his property. Upon receipt thereof, the application shall be referred to the Planning and Zoning Commission for recommendations on both the annexation and the requested zoning. The Planning and Zoning Commission shall have the same time periods for its consideration as in any rezoning matter. The Commission may recommend approval of the requested zoning or the denial thereof. In the event the Commission recommends denial, it shall make an additional recommen- dation as to what zoning classification it recommends. A copy of its report shall be forwarded to the applicant and shall be on the agenda for the next meeting of the City Council. The Council shall set the zoning matter for Public Hearing, prescribing the same notice requirements as for a rezoning application and shall specify the zoning classification recommended by the Commission. If the Council approves the zoning classification recommended by the Commission, it shall be set by ordinance. A zoning classification other than that recommended by the Commission shall not become effective except by the favorable vote of three-fourths of the members of the Council; and an application for 3 36r 5 .MICROFILMED BY ^ . JORM MICR+LAB -CEDAR RANDS • DE: MDIRES 179 voluntary annexation not recommended by the Planning and Zoning Commission shall not become effective unless approved by a favorable _ vote of three-fourths of the members of the Council. The resolution providing for annexation shall be acted upon by the City Council at the time the Council takes action on the zoning classification. In the event an applicant does not designate a zoning classification in the application for voluntary annexation, no Public Hearing shall be required and the property may be annexed and shall be classified in the Ag zone and shall be subject to all provisions of the Zoning Ordinance. (b) Involuntary annexation: Whenever, after Public Hearing thereon, the City Council shall determine that involuntary annexation proceedings should be undertaken against lands to be annexed, the matter shall be referred to the Planning and Zoning Commission for its recommendation as to the zoning of said lands. Upon receipt of said recommendation, the City Council shall set the zoning classification for a Public Hearing, prescribing the same notice requirements as for rezoning application and specifying the zoning classification(s) recommended by the Commission. If the Council approves the zoning classification(s) recommended by the Commission, it shall adopt an ordinance setting forth the various zoning classifications for said lands. TheCouncilmay approve a higher or more restrictive classification. for all or any part of the lands to be annexed than recommended by the Planning and Zoning Commission. However, prior to approval of any lower or less restrictive classifi- cation, the Council must send the matter back to the Commission for its I recommendation on the lower classification(s). In the event the matter is returned to the Commission subsequent to the Public Hearing, a new j Public Hearing shall be held thereon after the Commission forwards its report and recommendation to the Council. If the Commission recommends against the lower classification, it shall not become effective except by a favorable vote of three-fourths (3/4) of the members of the Council. i y i i i i 33G8 r .MICROFILMEO BY ... 1 JORM MIC R+LAB � ! - CEDAR RAPIDS • DE MOINES 1 E 1 1. _ • II IWO DIVISION 6. APPEALS Sec. 36-91. Board of Adjustment. - (a) Establishment. The Board of Adjustment heretofore established _ shall continue. The Board shall consist of five members each to be appointed by the Mayor with the consent of the City Council for a term of five years. Members shall be residents of Iowa City and shall serve without compensation. Members shall be removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant. No member shall be appointed to succeed himself/herself; provided, however; that a member originally appointed to fill an unexpired term with one (1) year or less remaining may be reappointed for one full five year term. (b) Organization. Meetings of the Board shall be held at least once a month when applications are pending before the Board. The Board shall adopt rules to establish the time and place of meetings, the procedure for the selection of a chairperson and vice -chairperson, who shall act as chairperson when the chairperson is absent or abstaining, and such other procedural rules as are necessary to implement the provisions - hereof. Copies of all rules shall be kept on file in the office of the Board's Secretary and in the office of the City Clerk. The chairperson, or in his/her absence, the acting chairperson, may administer oaths or compel the attendance of witnesses. (c) Secretary. The Director of the City's Department of Planning and Program Development shall designate one member of his/her staff to serve as Secretary of the Board. T11e Secretary, who shall not be a member of the Board', shall be responsible for maintaining the Office of the Board, receiving and filing Board decisions and orders, posting and publishing - notices as required by law, and for maintaining minutes and other records of the Board's proceedings. - (d) Vote re aired. A majority of the Board shall constitute a quorum. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the City Manager or his/her designee or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variation. - (e) Procedure. The Board shall conduct hearings and make decisions in accordance with the following requirements: (1) Public meetings. All meetings shall be open to the public. (Z) Public notice. The notice of the time and place of hearings shall be published in a paper of general circulation not more than 30 nor less than 15 days prior to the hearing. It shall contain the street address or location of the property and a ` brief description of the nature of the appeal. (3) Record of proceedings. 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 .MICROFILMED BY �• JORM MICR+LAB l �� t CEDAR RAPIDS • OE-" MOINES I L E 181 r fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Secretary of the Board. f i (4) Written decisions. The Board shall render written decisions which shall be filed with the City Clerk. (5) Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building per- mitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. — (f) Commencement of Proceedings. (1) Appeals. a. By whom. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, or board of the City, affected by any decision of the City Manager or his/her designee, or by a decision of the Zoning Code - Interpretation Panel or of the City Manager when the Panel cannot reach a decision. Such appeal shall be taken within a _reasonable time as provided by the rules of the Board by filing with the City Clerk a notice of appeal specifying the grounds therefor. A duplicate copy of such notice shall be filed with the Board Secretary. The City Manager or his/her designee shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. b. Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from, including, with- out limitation of the foregoing, a permitee's right to proceed with development or other activities authorized under a building permit, the issuance of which is a sub- ject of the appeal, unless the City Manager or his/her designee certifies to the Board after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate, a stay would in his/her opinion, cause imminent peril to life or property. In such case, proceedings or development shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on appli- cation, on notice to the City Manager or his/her designee for due cause shown. (2) Special Exceptions and Variances X11 MICROFILMED.BV ` JORM MICR¢LAB t ti CEDAR RAPIDS DES MOINES t { i Applications for special 3361f 182 a. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed opera- tion, and such other evidence as deemed appropriate. b. Standards. In order to permit a special exception, the Board must find that the standards set forth in this Chapter with respect to the specific proposed exception shall be met, and that the general standards detailed herein shall be met or are not applicable: 338 - ,J .111CROFILMED BY. ._ . ` JORM MICR#LA9 ` - CEDAR R4 M • DES MOINES .M ei exceptions and variances shall be filed with the City Clerk. f At a minimum, the application shall include the following: (a) The name and address of each applicant; (b) The names and addresses of the owner of the property in 41 question and of the architect, professional engineer, and contractor, if any; (c) The names and addresses of the record owners of all cI property located within 200 feet of the property in question; (d) A map or plat showing the location and record owner of each property opposite or abutting the property in question; _ (e) A narrative statement of the grounds offered as support for the special exception or variance; (f) A map or plot plan, drawn to scale, of the property in question. —" (3) Fees. A filing fee shall be paid at the time any appeal or application is filed. Filing fees shall be as established from time to time by resolution of the City Council. No fee shall be charged for an appeal or application filed by any officer, department, or board of the City. (g) Powers. The Board shall have the following powers: (1) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by the City Manager or his/her designee in the enforce- .made ment of this Chapter or of any ordinance adopted pursuant thereto. (2) Special exceptions. To hear and decide applications for special exceptions to the terms of this Chapter, and enlarge- ments thereof, in accordance with the general regulations of -- the zone in which the property is located and specific stan- dards contained herein. a. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed opera- tion, and such other evidence as deemed appropriate. b. Standards. In order to permit a special exception, the Board must find that the standards set forth in this Chapter with respect to the specific proposed exception shall be met, and that the general standards detailed herein shall be met or are not applicable: 338 - ,J .111CROFILMED BY. ._ . ` JORM MICR#LA9 ` - CEDAR R4 M • DES MOINES .M (3) Variances. To authorize upon appeal in specific cases such variances from the terms of this Chapter as will not be con- trary to the public interest, where owing to special condi- - tions there are practical difficulties or particular hardships in the way of achieving strict compliance with the provisions of this Chapter. No variance to the strict application of any provision of this Chapter shall be granted by the,Board unless the applicant demonstrates that all of the following elements are present: 334' l 4 ,� ... MICROFILMED DY.. JORM MICR+LAB S CEDAR RPPIDS - OE.- MOINES I i 183 1. That the specific proposed exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. That the specific proposed exception will not be injurious to the use and enjoyment of other property I' in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood. 3. That establishment of the specific proposed excep- tion will not impede the normal and orderly develop- ment and improvement of the surrounding property for uses permitted in the zone in which such property is located. it 4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 5. That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize - . i traffic congestion in the public streets. 6. That, except for the specific regulations and Stan- dards applicable to the exception being considered, the specific proposed exception shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. _ 7. That the proposed use shall be consistent with the short range Comprehensive Plan of the City. C. Conditions. In permitting a special exception, the iBoard may impose appropriate conditions and safeguards _- including but not limited to planting screens, fencing, construction commencement and completion dates, lighting, —' operational controls, improved traffic circulation, highway access restrictions, yards, parking requirements, the duration of a use or ownership, or any other require- ment which the Board deems appropriate under the circum- stances upon a finding that they.are necessary to fulfill the purpose and intent of this Chapter. (3) Variances. To authorize upon appeal in specific cases such variances from the terms of this Chapter as will not be con- trary to the public interest, where owing to special condi- - tions there are practical difficulties or particular hardships in the way of achieving strict compliance with the provisions of this Chapter. No variance to the strict application of any provision of this Chapter shall be granted by the,Board unless the applicant demonstrates that all of the following elements are present: 334' l 4 ,� ... MICROFILMED DY.. JORM MICR+LAB S CEDAR RPPIDS - OE.- MOINES I i 44 184 1 , a. Not contrary to the public interest. (1) The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area y'. adjacent to the property included in the variance. (2) The proposed variance will be in harmony with the general purpose and intent of this Chapter, and will not contravene the objectives of the Comprehensive Plan. b. Unnecessary hardship. (1) The property in question cannot yield a reasonable �. return if used only for a purpose allowed in such zone; and (2) The owner's situation is unique or peculiar to the property in question; it is not shared with other landowners in the area nor due to general conditions in the neighborhood; and r j (3) The hardship is not of the landowner's own making or of a predecessor in title. — C. Conditions. In permitting a variance, the Board may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construc- tion commencement and completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions, yards, parking requirements, the duration of a use or ownership, or any other require- ment which. the Board deems appropriate under the circumstances, upon a finding that they are necessary to fulfill the purpose and intent of this Chapter. _ (4) Interpretation. To interpret this Chapter in any case where it is alleged there is an error in any decision, determina- tion, or interpretation made by the Zoning Code Interpretation Panel .or by the City Manager in cases where the Panel was unable to reach a decision regarding the meaning of the pro- visions of this Chapter. Interpretations rendered by the Board hereunder shall be binding upon the City Manager or his/her designee in the enforcement of this Chapter. (h) Petition of certiorari. Any person or persons jointly or severally aggrieved by any decision of the Board under the provisions of this Chapter, or any taxpayer, or any officer, department or board of the y City may present to a court of record a petition duly verified setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the City Clerk. 3368 ..1 MICROFILMED 6Y. 1 JORM MIC R(�LAB ? CEDAR RAPIDS • DES MOINES i i. i 1 C Y1 L I LII 1. . "KI i � 1. �� uu ` 4'. ID -ORP ID -RS a RR1 z; 541 ID -RS DnU 5 RR1 �- - - F RR1 rr ID—RS a{ RR1 10 Interim Deveioprnenl RR 1 Rural Residonllol R55 Low Donsily Single Family RS B Medium Density Single Family R512 High Density Single Family RM 12 Low Density Mult4amlly RM 20 Medium Density MuIIFFamlly RNC 20 Neighborhood Conemllon Roeldonllot RM U High Densly MullMcmity, RM 145 High Rim Multl*amly RMH Manufactured Housing Resldentlai PDH Harmed Dovoiopment Housing COI Commercial Office CN1 Neighborhood Commercial CC2 Community Commercial CS 2 Central Buslneu SeMee CB 10 Central Business CHI Highway Commercial CI 1 Inlen" Commercial ORC River Corridor Zone (rotor to ORC mope) OHP Historic proservatlon Zone (refer to OHP map) OC, OCL. ON, OF Alrpod Zonae Dater to "AlWd Overloy Map-) ORP Office and Romwch Park I 1 Gonerct Induatrlat 12 Heavy Industrial p Public p9 tlary (rotor to Flood Hazard Boundary Moln ti! .........MILRNCILMED..BY.....____�. . I JORM MICR( LAB 1 �� i -CEDAR RAP7)S . DFS NDINFS 1 i 4� V: r�ieiifl m® a; =. . • � � ►H►ai►aa►atlf�Crlb 0 �+ � - s � n �r ► ��� � °viii: ��� (y �..� E'iii�I ° ems, ' . �iCL�CG��nee`��'���i��n�'G iIi'i►�icl. i ..N.���.?1►, ' •• 6� ,ilp1 ,� '1 �'i�i� :C Ilrl[tl���f I{;;�Ilj /�rnneil\ � �O p� t ► C� � p�p i� � � nie►e.ii:I� � m++��pvD lap \ \� •L33 Si4L MIOx 1Cxo0l PDH 5 RS5 RR1 8 CHI I CI1 RS12- l 1 1 1 1 I _ � I= J purl 1M C\ 11�al.nWl 11c IIII' iilllll n111 111 ::i IN PAU ifs r� � vII� qU W'd .111111 tF.� 119'CIIIIs11�ti ril► u 0 %b: WWI 61-1 p��s>=11 11 U9.1179 INN !�11�u 'y J Tojl Illlll� HIM �� � �■• 1 I!1 GIIILTII■ �r son LA REA 1 G1 IIIIIIIIIII,\ �t ? I \ ���La Gli t imaj al�ltl' 'll I� r n !o Ir9 EIS:6t IIIIM1119 �I� ®� rI `�,q IP �� ■ P / :r:9 II mill a In II/��° ■ g �/ 1� 1111 li I ■ s C :?�Ixl Ilei I � dli �� L�.lo �� � I��' ��� fi!ifE G.'LW''llli8'ei E ° '' � ` III L7Y IIII°■�' ■'VrE'Y■V = a r cp r Pr � mD :r te'nnlr C p L ID -ORP _ ORP 1 �, \ ID ORP C H 1 CO 1 Z c C01��\ CHI 1 :- 10 -ORP I •RR ' O I� r5 ID -RS I J - ��✓�lr►� ' tip.✓ ✓r�� 1 i R '2 / - RS5 P F ID -RS 20 r� Y \'i CDP 9. A`IN •ems _ s RD Y •11111 as �� I� i �$ � .`���+-• ��Ci: RAF(�,��+ .rr y •��� Ll� ID -RS PDH 5 11 rc RM RM12 20 CN, 2 .•'� RMH RR1 1'lll.fIV11Li ILV Ill I JORM MICR6LAF3 I 1 I CC[1AR RAPMO • DE 'I 1980 IOWA CITY IOWA RIMIDI iz/6 61 INn ■Ar 6 t .wD IV ME up"t LNI OI PLANNIM0 AND ?AO " DIVILOPWNI 33 4f `IA ■ F ri I AICR OFILMED BY JORM 'MICR�'' LAB CEDAR R41DS - DU MOINES 1.1 ORDINANCE NO. 83-3161 AN ORDINANCE ESTABLISHING THE CENTERLINE GRADES OF VENRM AVENUE, TANGLEWOOD STREET, AND ST. ANNE'S DRIVE IN IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: The Elevation in feet above the City datum plane is hereby established for the folowing streets: Definitions: P.C. denotes the beginning of a vertical parabolic curve P.T. denotes the end of a vertical curve P.I. denotes the point of intersection of two street grade lines. A. Ventura Avenue West line of Tanglewood Street 123.38 212.1' West of west line of Tanglewood St., P.C. 125.26 412.1' West of west line of Tanglewood St., P.T. & P.C. 135.11 537.1' West of west line of Tanglewood St., P.T. 140.72 East line of North Dubuque St. 140.15 B. Tanglewood Street 255' South of the centerline of Ventura Avenue, P.I. 105.37 200' South of the centerline of Ventura Avenue, P.T. 110.15 Centerline of Ventura Avenue 124.00 175' North of the centerline of Ventura Avenue, P.C. 135.65 C. St. Anne's Drive 234.5' East of the centerline of Buresh Avenue 144.47 319.5' East of the centerline of Buresh Avenue, P.C. 150.76 419.5' East of the centerline of Buresh Avenue, P.T. 152.76 459.5' East of the centerline of Buresh Avenue, P.C. 151.40 659.5' East of the centerline of Buresh Avenue,P.T. 155.20 734.5' East of the centerline of Buresh Avenue, P.C. 160.60 859.5' East of the centerline of Buresh Avenue, P.T. P.C. 167.68 909.5' East of the centerline of Buresh Avenue, P.T. 169.51 West line of Prairie du Chien Road 171.44 r.� MICROFILMED BY l JORM MICR+LAB ` i\!S CEBAR RAPIDS • DES MOINES 44, Passed and approved tt,_� 20th day of December, 1983. llL�.1.1�• IAAY0 ATTEST:u,.n ] �M'lz ITY CLERK ReeeNed i Approved By a Legal eyartment ,.MICROFllMEO BY,.... ... DORM. MICR+LAB - -CEDAR RPPIDS •DES MOINES I 4 t { } S i .. a A 1-. QQ i 1 } } 1 I i Passed and approved tt,_� 20th day of December, 1983. llL�.1.1�• IAAY0 ATTEST:u,.n ] �M'lz ITY CLERK ReeeNed i Approved By a Legal eyartment ,.MICROFllMEO BY,.... ... DORM. MICR+LAB - -CEDAR RPPIDS •DES MOINES I 1 i i L 1 i 1 I It was -moved 'by Balmer , and seconded by McDonald that the Ordinance as read 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 First consideration XXX Vote for passage: Second consideration XXX Vote for passage: Date published December 28, 1983 Dioved by Balmer, seconded by Lynch, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. ... .� ._......MICROFILMED BY_.__...._._i.. _ JORM MICR+LAB CEDAR RAPIDS DEi MOINES 1 I y CISA-8-12-80 STATE OF IOWA ) SS COUNTY OF JOHNSON ) Project: Tanglewood -Ventura Special Paving Assessment Project I, Frank Farmer, City Engineer of Iowa City, Iowa, in connection with the proposed construction of certain street improvements in said City, designated above do hereby certify that street grades have been established on all streets or portions thereof proposed to be improved, covered under said resolution ordering construction and Notice of Hearing and Letting or Notice to Bidders, as required by Section 384.39 of the City Code of Iowa. I do further certify that a copy of the grade ordinance or ordinances, as the case may be, covering all of said streets proposed to be improved, is attached hereto and made a part of this certificate by reference, that the street grades set out in the plans and specifications for said improvement project are consistent therewith so that the proposed improvements, when completed, will be constructed to grade. Witness my hand this 2 / day of Dar-&, Lo- 1983. MICROFILMED BY-' JORM MICR+L O,B CEDAR RAPIDS • DES MOINES 3 V16 . ._... PRIM l { i i ,I i I CISA-8-12-80 STATE OF IOWA ) SS COUNTY OF JOHNSON ) Project: St. Anne's Drive Special Paving Project -1983 I, Frank Farmer, City Engineer of Iowa City, Iowa, in con- nection with the proposed construction of certain street improvements in said City, designated above do hereby certify that street grades have been established on all streets or portions thereof proposed to be improved, covered under said resolution ordering construction and Notice of Hearing and Letting or Notice to Bidders, as required by Section 384.39 of the City Code of Iowa. I do further certify that a copy of the grade ordinance or ordinances, as the case may be, covering all of said streets proposed to be improved, is attached hereto and made a part of this certificate by reference, that the street grades set out in the plans and specifications for said improvement project are consistent therewith so that the proposed improvements, when completed, will be constructed to grade. Witness my hand this 1983. A AHLERB. COONEY. DORWEILER. HAYNIE &SMITH. LAWYERB. DEB MOINE.8. IOWA .._._... MICROFILI9ED BY JORM MICR+LAE •CEDAR RAPIDS • DEZ MOINES I 1 1 I ORDINANCE NO. 83-3162 AN ORDINANCE ESTABLISHING THE EDGE OF ALLEY SLAB GRADES IN BLOCK 6, LYON'S 2ND ADDITION, IN IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOVA CITY, IOWA: The elevation in feet above the City datum plane is hereby established for the following alleys: Definitions P.C. denotes the beginning of a vertical parabolic curve P.T. denotes the end of a vertical curve P.I. denotes the point of intersection of two alley grade lines A.North-South Alley in Block 6 Lyon's 2nd Addition. NortT7ine of Bowery Street (East) 88.81 North line of Bowery Street (West) 88.26 95' North of north line of Bowery Street (West) P.I. 89.75 120' North of north line of Bowery Street (East) P.I. 90.21 270' North of north line of Bowery Street (West) P.I. 94.92 370' North of north line of Bowery Street (East) 96.25 520' North of north line of Bowery Street (West) 96.44 520' North of north line of Bowery Street (East) 96.60 595' North of north line of Bowery Street (West) P.I. 96.08 620' North of north line of Bowery Street (East) P.I. 94.70 681.5' North of north line of Bowery Street (East) P.I. 91.25 699.5' North of north line of Bowery Street (East) P.I. 90.79 720' North of north line of Bowery Street (West) P.I. 89.82 720' North of north line of Bowery Street (East) P.I. 89.55 745' North of north line of Bowery Street (West) P.I. 88.05 760' North of north line of Bowery Street (East) P.I. 87.75 770' North of north line of Bowery Street (West) P.I. 86.93 820' north of north line of Bowery Street (East) 82.75 820' North of north line of Bowery Street (West) 82.72 .. -..-.. .. MICROFILMED.BY ._._...� .� JORM MICR+LLAB i 4 CEDAR RAPIDS • DEL MDINES I � .L. B. East-West Alley in Bl�_K 6, Lyon's 2nd Addition s _ t (North) 90.79 East line of north -south alley i� (South) 91.25 40' East of east line of north - south alley (South) 88.82 West line of Johnson Street (North) 83.37 .L. B. East-West Alley in Bl�_K 6, Lyon's 2nd Addition East—line of north -south alley (North) 90.79 East line of north -south alley (South) 91.25 40' East of east line of north - south alley (South) 88.82 West line of Johnson Street (North) 83.37 West line of Johnson Street ( South) 83.79 Passed and approved this 20th day of December, 1983. MAYOR ATTEST:n 4at_) _4 J CI Y CLERK _._..�..,...,.-..._.:.-MICROFILI1EB..BY....._..._..1._..� JORMMICR+LAB �CEBAR RPPIBS •BES I10INE5 I Recelyad A Approvod 8% iLe 1®gAI DOPartinont oil J a It was moved by Balmer , and seconded by hlcnonall , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER _x PERRET First consideration XXX Vote for passage: Second consideration XXX Vote for passage: Date published December 28, 1983 Moved by Balmer, seconded by McDonald, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. ._ .._ ,. MICROFILMED BY. _.._..�. .. JORM MICR+LA9 I -CEDAR RIEPIDS • DES MOINES r2t I ca V// s i I 41 CISA-8-12-80 STATE OF IOWA ) SS COUNTY OF JOHNSON ) Project: 1983 Paving Improvements (Lyon's 2nd Addition) I, Frank Farmer, City Engineer of Iowa City, Iowa, in connection with the proposed construction of certain street improvements in said City, designated above do hereby certify that street grades have been established on all streets or portions thereof proposed to be improved, covered under said resolution ordering construction and Notice of Hearing and Letting or Notice to Bidders, as required by Section 384.39 of the City Code of Iowa. I do further certify that a copy of the grade ordinance or ordinances, as the case may be, covering all of said streets proposed to be improved, is attached hereto and made a part of this certificate by reference, that the street grades set out in the plans and specifications for said improvement project are consistent therewith so that the proposed improvements, when completed, will be constructed to grade. Witness my hand this Z I day of Daca .,.ir-i. , 1983. _..___MICROFILMED. BY - ! JORM MICR+LAB -CEDAR RAPIDS • DES MOINES t ) 7 Aci ORDINANCE N0. 83-3163 AN ORDINANCE AMENDING ARTICLE IV, DIVISION 2 OF CHAPTER 14 OF THE CITY CODE (THE ENABLING ORDINANCE OF THE CITY'S BROAD- BAND TELECOKMUINICATIONS FRAN- CHISE.) SECTION 1. PURPOSE. The purposes of this ordinance are to clarify the conditions of required extension of the broadband telecommunications network by the grantee, to specify the depth of burial of under- ground cables, to require 24 hours notice to the grantee from any persons intending to perform construction work in certain areas where grantee's facilities are located, to revise the schedule for the filing of various reports and payments by the grantee to the City, to correct some reference numbers in the provisions for rate increase requests, and to provide a cost formula for the offering of basic service to certain dwelling units to which access was not reasonbly available. SECTION II. AMENDMENT: Article IV, Division 2 of Chapter 14 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby revised as follows: 1. Section 14-61 is hereby amended by adding the following new definitions: Sec. 14-61. Definitions. "Contiguous" shall mean abutting or within two hundred (200) feet. "New housing area" shall mean any area containing any newly con- structed, rehabilitated, or restored residential or commercial unit which did not exist prior to April 19, 1979. 2. Subsections 14-72(a), (b), (c), (d), and (e) are hereby repealed and substituted in their place are the new subsections 14-72(a), (b), (c), (d), and (e): Sec. 14-72. Reports and records of the grantee. ........ MICROFILMED. BY JORM MICR+LAB -CEDAR RAPIDS • DE: MOINES - 1 i 3T f 3 41 i Ordinance No. 83-3163 ' Page 2 (a) Annual financial reports required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it is accepted a franchise hereunder and within four(4) months after the end Of each subsequent fiscal year, two (2) copies of: (1) The report to its stockhold- ers; (2) An income statement identifying revenues, expenses and income applicable to its operations under said franchise during the fiscal year or fraction thereof and; (3) A listing of its properties devoted to network operations together with an itemization of its investment in each of such Properties on the basis of original cost, less deprecia- tion. These reports shall include a balance sheet, listing of substantial liabili- ties and financing arrangements and such other reasonable information as the city may request, and shall be certified by a certified public account. (b) Annual facilities report required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, two (2) copies of a total facilities report setting forth the total Physical miles of plant installed or in operation during the fiscal year and a map showing the location of same. (c) Annual service record report required: The grantee shall, if requested by the city, file annually with the city clerk not later than three (3) months after the end of its f . .._.. MICROFILMED DY.... JORM MICR#LA9 ` CEDAR RAPIDS • DES MOINES t t t N Ordinance No. 83-3163 Page 3 fiscal year during which it accepted a franchise hereunder and within four (4 ) months after the end of each subsequent fiscal year, two (2) copies of a list of all trouble complaints and network "downtime" received or experienced during the fiscal year. All such submitted data shall also include complaint disposi- tion and response time. For the purposes of this provision, certified copies of a "complaint" logbook reflecting all such incidents will suffice. Also, if requested by the city, uncertified additions to the annual complaint log shall be supplied in two (2) copies to the city at intervals of not more than ninety (90) days following the filing of the annual report. (d) annual measurements report required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year two (2) copies of a report on the network's technical measurements, as set forth herein. (e) Annual operations reports required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year two (2) copies of the following supple- mental information: (1) If a nonpublic corporation, a list of all current sharehold- ers and bondholders both of record or beneficial. If a public corporation, a list of all shareholders who individu- ally or as a concerted group hold three (3) percent or more of the voting stock of the MICROFILMED AY E JORM MICR+LAB tI CEDAR RP PI05 • DEC MOINES t r r { MICROFIL14ED DY......_.... JORM MICR+LAO -CEDAR RAPIDS • DES 140INES 3W3 Ordinance No. 83-3163 Page 4 corporation. (2) A current list of all grantee's officers and directors includ- ing addresses and telephone numbers. (3) Copies of all pertinent agreements or contracts, including pole use agreements, entered into by the grantee during the fiscal year in the conduct of its business under a franchise granted hereunder. (4) The names and both business and residential addresses and phone numbers of the broadband telecommunications network resident manager and engineer. (5) Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be filed with the city. (6) Copies of all rules and regulations promulgated by the grantee during the fiscal year in the conduct of its business in accordance with the provi- sions of section 14-67 hereunder. (7) A copy of the annual report(s) of the parent firm(s) which own an interst of more than three (3) Percent or more of the voting stock of the grantee, and such other annual report(s) of subsidiaries or divisions of the parent firm(s) as the city deems necessary. 3. Subsection 14-73(d)(1) is hereby repealed and substituted in its place is the new subsection 14-73(d)(1): { MICROFIL14ED DY......_.... JORM MICR+LAO -CEDAR RAPIDS • DES 140INES 3W3 Ordinance No. 83-3163 Page 5 (d) Method of computation; inter- est: (1) Sales taxes or other taxes levied directly on a per subscription basis and collected by the grantee shall be deducted from the local annual gross revenues before computation of sums due the city is made. Payments due the city under the Provisions of subsection (c) above shall be computed annually as of December 31 for the Preceding year and shall be paid annually within three (3) months after said date at the office of the city clerk during the city clerk's regular business hours. The payment period shall commence as of the effective w date of the franchise. The city shall be furnished a statement i with each payment, by a certi- fied public accountant, reflect- j ing the total amounts of annual gross revenue and the above charges, deductions and computa- tions, for the annual payment r period covered by the payment. 4. Subsection 14-76(g)(3) is hereby repealed and substituted in its place is the following new subsection 14-76(8)(3): (3) Review of rates: The broadband i telecommunications commission shall review the grantee's schedule of fees, rates or charges upon application by the grantee as herein provided or at any time on its own motion. The commission shall submit such schedule and any contemplated modifications thereof, together with its recommendations, to the city council as expressed in such a resolution. The city council may reduce or increase such fees, rates or charges adopted for this purpose and no change in the grantee's schedule 3W.3 -. MI CRDF I LI1ED_BY.. tDORM MIC R+LAB S CEDAR RAPIDS • DES MOINES t ' + 41' Ordinance No. 83-3163 Page 6 i.� of fees, rats or charges shall be effective without prior action of the commission and the approval of the council. No such resolution shall be adopted without prior public J notice and opportunity for all 1 interested members of the it public, including the grantee, to be heard, subject to the procedures set forth in Section 14-64(b). No change in rates shall take effect until thirty (30) days after the approval of the rates by the city council. 5. Section 14-76(8)(5) is hereby repealed and in its place is substi- tuted the following new Section 14-76(g)(5): (5) Records to be made available: In addition, for the purposes of determining the reasonableness of grantee fees, rats or charges, all such information, in accordance with the provi- sions of Section 14-72(i), shall 6. Sectio d 4-78(b available to the oa city. is hereby repealed and substituted in its place is the new Section 14-78(b)(1): (b) "Extension of network within - city boundaries": (1) Conditions of required exten- sion: The grantee shall at its expense extend its broadband telecommunications network so as to provide full network service i to all potential subscribers in: a. Newly annexed areas of the city contiguous with an area served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service. b. Newly annexed areas of the city non-contiguous with an area served by or required -1 "MICROFILMED BY.. JORM MICR¢LA8 fCEDAR RANDS • DES MOINES I t 7 Ordinance No. 83-3163 Page 7 to be served by an existing network as soon as possible but in no event later than six (6) months after the first regaest for service when the annexed area contains at least twenty (20) potential subscribers Per plant mile including interconnecting trunk. c. New housing areas developed within the city limits and contiguous with an area served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service. d. New housing areas developed within the city limits and non-contiguous with an area served by or required to be served by an existing i network as soon as possible but in no event later than six (6) months after the first request for service it when the housing area contains at least twenty (20) potential subscribers per plant mile including interconnecting trunk. e. Any resident dwelling within the city limits and within two hundred (200) feet of an existing network as soon as Possible but in no event later than thirty (30) ays after the first request for service. 7. Subsection 17-79(e) is hereby repealed and substituted in its place ( is the new subsection 19-79(e): (e) Provisions of basic service: } Within thirty-six (36) months of the { effective date of FCC certification, the grantee shall have placed in use sufficient distribution facilities so as to offer basic service to one i 4 _ ...,.MICROFIU1ED.BY l JORM MICR+LAB CEDAR RAPIDS • DEC MOINES Ordinance No. 83-3163 Page 8 hundred (100) per cent of the dwelling units in the service area to which access is legally and reasona- bly available. For any dwelling unit existing in the service area on the effective date of FCC certification which has not been offered basic service within thirty-six (36) months of said date because access is not reasonably available, upon request the grantee shall provide basic service as soon as possible to said unit pursuant to the following cost formula: said service shall be provided at the grantee's expense when the cost is three (3) or less times the average cost to the grantee to provide basic service to an Iowa City subscriber; additional costs beyond said amount required to be borne exclusively by the grantee shall be shared on an equal basis by the grantee and subscriber up to the next one thousand dollars ($1,000); all additional costs beyond those previously stated herein shall be borne at the rate of ninety (90) percent by the grantee and ten (10) percent by the subscriber; in all cases, the subscriber requesting said service shall pay the grantee any amount due in advance. 8. Subsection 14-85(f) is hereby repealed and substituted in its place is the new subsection 14-85(f): (f) Method of installation: All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and in a manner consistent with the trade. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in a parallel and bundled, with due respect for engineering and safety considera- tions. All installations shall be underground in those areas of the � ... MICkOF]LI-0ED BY. ._.. ..1 _ t JORM MICR+LAB -CEDAR RAPIDS • OE- MOINES f t 3 V/.3 I R r Ordinance No. 83-3163 Page 9 city where public utilities providing telephone and electric service are underground at the time of installa- tion. In areas where telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground provided that at such time as those facilities are required to be placed underground by he city or are placed underground, the grantee shall likewise place its services underground without addi- tional cost to the city or to the residents of the city other than as may be granted under the provisions of section 14-76. All underground installations of wires and cable shall be buried at least twelve (12) inches below ground. 9. Subsection 14-85(g) is hereby repealed and substituted in its place is the new subsection 14-85(g): (g) Protection of facilities: Nothing contained in this section shall relieve any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid injuring the grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. Any person, company or corporation intending to perform any of the above-described work in an area where grantee's facilities are located shall notify grantee at least twenty-four (24) hours prior to performing said work. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance MICROFILMED BY t JORM MICR+LAB ` l .CEDAR RAPIDS • DES MOIIJES 1 1 � � 7 t J ,3013 ._ 1�.a Ordinance No. 83-31.63 Page 10 as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECPION V. EFFECTIVE DATE: This Ordi- nance'shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 20th day of December, 1983. aC C. gQ1Lkt111Ly'- 0a MAYOR ATTEST: j'Yjen.�nJ �. Vii., 4 ) ` CITY CLERK Rocah-ed A Appr.w.a gy the Legal Deaarhnenl �jpy Iz I 63 . _.. D... .... _...__.141CR- JORM MICR+LAE3 CEDAR RAPIDS • DE: MOINES ttt 1 l i i i It was moved by Perret , and seconded by Balmer that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER —� DICKSON _ ERDAHL —� LYNCH MCDONALD _x NEUHAUSER x_ PERRET First consideration 11/22/83 Vote for passage: Ayes: McDonald, Balmer, Dickson, Lynch, Neuhauser, Perret. Nays: None. Absent: Erdahl. Second consideration 12/6/83 Vote for passage: Ayes: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. Absent: Erdahl Date published December 28, 1983 __. .. _.. .. AICROULMED.BY. ...... ___�. _.. JORM ,MICR+LAB - CEDAR RAPIDS • DES 1401NES i 3 77 TA�I JORM MICROL 1B