HomeMy WebLinkAbout1982-08-31 Info Packetr I I
City of Iowa City
MEMORANDUM
DATE: August 20, 1982
TO: City Council _
FROM: City Manager
RE: Informal Agendas and Meeting Schedule
August 23, 1982 Monday
7:00 - 9:00 P.M. Special Informal Council Meeting - Conference Room
7:00 P.M. - Discuss Inner City Area Study
August 30, 1982 Monday
4:30 - 6:30 P.M. Conference Room
4:30 P. M. - Review zoning matters
4:45 P.M. - Parking Policy - Chauncey Swan Plaza
5:00 P.M. - Sewerage Systems Facilities Plan Funding
5:30 P. I.I. - Alley Paving Policy
5:45 P.M. - Transit Fare Policy
6:05 P.N. - Council agenda, Council time, Council committee reports
6:20 P.M. - Consider an appointment to the Board of Appeals
6:25 P.M. - Pending List priorities
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August 31, 1982 Tuesday
7:15 P.M. - Meeting of City Council Rules Committee - Conference Room
Discuss Planning and Zoning Commission Bylaws revisions
7:30 P.M. - Regular Council Meeting - Council Chambers
PENDING LIST
Discuss Cable TV Commission Recommendations
Evaluation of City Attorney
Meeting with Riverfront Connission
Melrose Court Improvements
Dubuque Street Improvements
Iowa -Illinois Utilities Franchise
Meeting with CCN regarding Citizen Participation Plan
Discuss Job Evaluation Studies
City Council Salaries
Inspection of Owner -Occupied Duplexes
Review Water Bill Collection Procedures
Meet with Design Review Committee regarding recommendations
Discuss Alarm Ordinance
Discuss Historic Preservation Ordinance
Appointments to Broadband Telecommunications Commission and Board of Fire
and Police Trustees - September 14, 1982
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City of Iowa City
MEMORANDUM
DATE: August 20, 1982
TO: City Council
FROM: Douglas Boothroy, Senior Planner
RE: Inner City Area Study
The Inner City Area Study is being sent on to Council by the
Planning and Zoning Commission without full support for the
entire document. At the August 19th Planning and Zoning public
discussion, citizens voiced strong support for a reduction in
the density of the entire moratorium area and concern over any
proposed high density areas within the inner city. The Commission
found the report to be generally acceptable. However, they de-
cided to delay reaching a concensus regarding the proposed land
use density along Burlington and Iowa Avenue until the public
hearing process on the plan had been completed.
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August 17, 1982
INNER CITY AREA STUDY
STUDY AREA
The Inner City Area is being defined in this study as an area surrounding
the Central Business District/University in approximately a one -mile
radius on the north, east and south. In this area are fully developed
urban neighborhoods of both residential and commercial uses. This study
will examine this inner city residential and commercial area and make
recommendations regarding land use. Map 1 outlines the boundaries of the
study area and illustrates existing zoning districts. The outer
boundaries of the study area are for the most part defined by existing
zoning districts. The study area includes land zoned for residential and
commercial uses but does not include the Central Business District or the
CBS zone immediately south of the Central Business District.
Since this area is already developed, unlike the other study areas,
particular caution must be taken to evaluate the Inner City, for the
purposes of the Comprehensive Plan, in terms of the general patterns of
land use which would be desirable and not restrict future options with lot
specific designations. The purpose of the Plan is to guide future land
use based on general concepts and not to dictate specific uses on specific
lots. Specific designations of exact densities will come with compilation
of the zoning map.
COMPREHENSIVE PLAN
The Comprehensive Plan has envisioned the Inner City Area land use as
predominately medium- to high-density residential with scattered
commercial and office uses. As the study area has been designated
"existing" on the current Residential Development Sequence Map, the
Comprehensive Plan has not specifically addressed this area as it has the
developing neighborhoods studied in the other Area Analyses. The
following selected recommendations from the housing section of the
Comprehensive Plan (pp. 43-44) may best guide an analysis of the Inner
City Area:
-Undertake a continuing work program to monitor housing conditions and
housing needs.
-Continue to work with private sector groups to provide low-cost
elderly housing.
-Encourage additional multifamily rental housing close to the
University.
-Encourage the provision of high-density housing adjacent to existing
core areas.
-Provide a variety of locational choices for residents by zoning to
allow diverse housing types in several areas of the city.
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-Encourage utilization of existing housing through code enforcement
and rehabilitation programs.
-Develop land use regulations which carefully consider the impact of
redevelopment changes on existing residential neighborhoods.
-Restrict multi -family redevelopment to only those areas which can
reasonably accommodate the density in terms of location, size and
availability of services and facilities.
-Determine architecturally or historically significant homes within
the city and register them with the National Register of Historic
Places if possible.
-Adopt an historic preservation ordinance.
-Continue to carry out a municipal housing rehabilitation subsidy
program.
This study considers the present land use patterns in the Inner City Area,
the transitions which have occurred here since the Plan was adopted, and
suggests alternatives to the proposed pattern of densities in the
Comprehensive Plan.
ISSUES
1. Sewer Availability
Assuming the present limitations of the sewage treatment plant, the
study area is adequately sewered and redevelopment is possible even
at an increased density without the construction of the new Water
Pollution Control Plant.
2. Neighborhood Transition
The study area has, over several decades, experienced a state of
transition from neighborhoods of predominately older, single-family
detached residences to much higher density, multi -family
development. This change has been encouraged at least since 1962
when the adoption of the current zoning ordinance reflected a more
intensive land use designation for, the inner city, the assumption
being that close -in rental housing units were needed and appropriate
for the area. The transition has occurred as single units have been
converted into apartments or rooming houses, or demolished to make
room for new structures. Individual lots have been assembled, in
some instances, and large, low-rise apartment complexes have been
built. The rationale for promoting more intensive residential
development in part grew from a policy of encouraging an adequate
supply of close -in housing for the University population. The Inner
City Area provided such a setting.
As has been experienced, housing transitions within existing
neighborhoods may be either promoted or hindered through the zoning
designation of an area. Zoning which allows dense residential
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s ur a redevelopment process by stimulating either
development may P
dwelling unit from
use allows an theincrease e in a aof vailable conversions or demolition. Conversion o
f a single-family to multifamily maintaining
units while generally existing housing stock are
dwelling and utilizing articular
original structure. Saving rehensive Plan and of p
both goals of the current comprwhere ehensive of structures
importance in historic districts are primary concerns. Demolition
and neighborhood land use P of multifamily
greater extent the quantity
of existing structures and reconstruction at higher densities will
increase to revitalize dilapidated areas. The tenor of a
generally artment buildings are
housing stock and may however, as aP
neighborhood may be changed, or duplex structures.
sited adjacent to single-family
3, Density °mss in the inner
A policy decision to promote greater development density
the market demand for additional
location
city must u weighed by to ent and University
units, the unmet need for accessible,
coreeemp housing,
of increased density on t t for this
of this redevelopment with resp ort for this
opportunities, the impactsetc., and neighborhood Supp
schools, quality of life, pinpoints inner
land use design.
An analysis based on these factors p P areas for
development. An effort has been
namadecent to
city areas which are more suitable than other inner ci
to
dense multi -family housing
reservation of
balance certain values (such as the need for housingof existing
stock and the stabilization
existing core areas with other values (such as the p
existing housing
neighborhoods.
iness
ed tracts of land add do al nhousing ear the Cdowntown entral scould
If large undeveloped providing
more, be accompished. Without large parcels ofcoreaareas ndis
density housing near existing neighborhood
the development of high- negative
impacts for
difficult and could create
ment in existing
residents. The costs and benefits of redevelop
neighborhoods should be evaluated.
used
Following are discussions of the various factors e-whichelitV of been that
to determine the densities recommended. for land use
dated Plan has been taken to
a neighborhood is a subjective criterion for land use decisions,
factor will be included after the rovided the necessary input.
public hearings and residents have p
a. Demand for Additional Housin Units De artment of Planning and
A recent study done by the Iowa City p under review,
Program Development, Housin Market be land zoned
1982), found that although there may ro ected demand
for multi -family uses City-wide to meet
eis a shortage of
for units over the next 15 years,
he
available vacant land in the high-
demand area near tentThe
city to meet projected demands within the next 10 years.
There is insufficient vacant land zoned for
report states:
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multi -family construction and virtually none is available in
the central city where demand is greatest... Because of the
location of the University of Iowa and the hospitals, there will
continue to be a demand for multi -family units in the central
city... The greatest demand for these apartments is within one
mile of Old Capitol where, of course, least vacant land is
available. It is clear, therefore, that there is insufficient
land zoned for multi -family construction in the central city
area if the anticipated future demand is to be met." Therefore,
additional areas have been proposed for high density
residential development with the realization that both
conversion and redevelopment may occur in these areas.
b. Preservation of Existing Housing Stock & Historic Structures
A preservation problem arises not from the conversion of
structures to accommodate increased density, but from the
destruction of structures through demolition. If zoning allows
a density which is high enough to make demolition and
reconstruction profitable, existing housing stock and historic
properties may be jeopardized in those areas where densities
have remained relatively low or where designations of historic
structures have been made. Development ,densities should
reflect residential uses which, while they allow conversion,
hinder extensive redevelopment.
In some portions of the Inner City, existing housing stock has
been preserved and multi -family units provided through
conversions. In these same areas, the density of development
has remained relatively low despite the fact that the area was
zoned for high-density multi -family use. In order to retain
this density pattern, preserve the housing stock, and stabilize
the neighborhood, such areas should be designated for lower
density zoning.
C. Trafficways
The study area has both primary and secondary arterial access to
all parts of the city. Combined with a central location,
trafficways serve area residents with convenient local access
routes. Conversely, the area endures the negative impacts of
heavy arterial traffic such as noise, pollution and increased
traffic hazards.
The present trafficway design is considered adequate to serve
the inner city. A problem may exist, however, if increased
densities translate into greater numbers of resident
automobiles in concentrated areas. A question which is
difficult to ascertain is whether there is an inverse
relationship between automobile ownership and residential
distance from core areas (i.e., does living closer to the core
mean less autos).
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While access to arterial routes may still be convenient,
congestion due to quantity of autos on the collector or local
streets may develop. On -street parking may be intensified by
conversions and redevelopment; however, parking provisions in
the proposed zoning ordinance may alleviate the problem
somewhat. The heavy use of the area by through traffic and for
commuter parking will continue to impact the study area.
Increased congestion, with attendent noise and hazards, must be
considered with future land use decisions that may exacerbate
the trafficway problems.
d. Schools
Presently, only one elementary school (Horace Mann) is located
in the study area. Longfellow School, while outside of the
defined study area boundaries, also serves as a neighborhood
school for portions of the Inner City Area. Both schools are
presently operating far below capacity and could accommodate
additional students. ,
No additional schools have been proposed for the Inner City Area
on the current Comprehensive Plan map, and as higher density
development has traditionally generated fewer school -aged
children per unit, the need for additional schools in this area
in the short-range is unlikely.
e. Parks/Open Space
Although one potential park site is proposed on the
Comprehensive Plan map for the study area, the creation of a
neighborhood park in an existing developed area may be
difficult. Three existing neighborhood parks serve the area;
however, a need for more open space may be especially
appropriate for this study area due to present and potential
land use intensity. Multi -family development without the
benefit of usable private yard space may require greater
community open space to ensure neighborhood livability.
Multifamily development standards which require increased
usable open space may be an option worth investigating. If lots
can be assembled into larger parcels, density bonuses which
allow developers to construct more units vertically in exchange
for the provision of green space, may be considered and should,
in effect, provide more than the minimum open space in
redeveloping inner city areas where yards and space are at a
minimum. Larger tracts which do not meet the current two acre
P.A.D. requirement might be viewed as P.A.D.'s, with site
planning and clustering giving developers greater design
flexibility and incentives to leave more usable green spaces.
As redevelopment occurs in the inner city, the open space needs
of present and future residents of the area must be considered.
The need for increased open space may, in fact, be directly
proportional to an increase in residential density.
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4. Land Use
Without the short -/long-range constraints to development seen in
other Area Analyses (e.g., sewer availability, non-contiguous
growth), redevelopment and/or stabilization of existing land uses
may presently occur in the study area. Therefore, only one land use
map has been prepared for the Inner City Area and represents an
ultimate desired land use pattern for the inner city neighborhoods.
The proposed map for this area deviates from previous Area Analyses'
maps in that density ranges for residential development are
suggested. However, these designations are intended to be
conceptual guidelines and not zoning designations per se. The
proposals are based on the housing goals outlined in the current
Comprehensive Plan, existing residential densities (see Map 2), and
the criteria previously outlined which have been used to determine
the suitability of certain areas for higher density development.
High Density Residential
The present Comprehensive Plan Map suggests high density (25+
D.U./acre) residential land use patterns for the following areas:
1. Clinton/Dubuque Street corridor.
2. Jefferson Street east to Van Buren Street.
5. C.R.I.&P. Railroad area south of the Courthouse.
The current zoning designations (i.e., R3A, R3B) for these areas
reflect the high density intent of the Comprehensive Plan. The
present zoning deviates, however, from the Comprehensive Plan in one
instance. While the zoning of the area generally known as College
Hill is R3A, the current Comprehensive Plan Map has envisioned this
area developing primarily at 8-16 D.0/acre.
The continued appropriateness of the current Comprehensive Plan's
intentions and the current Zoning Ordinance's designations for the
Inner City Area have been considered in light of the previous North
Side downzoning in the study area, the present building moratorium in
the College Hill area and•the suitability of certain areas within the
Inner City Area to accommodate dense residential development given
an analysis of the factors outlined in this report. As mentioned
before, these factors include market demand for close -in housing,
unmet need for close -in housing, location with respect to core
employment and University opportunities, impact of dense development
on trafficways, schools, quality of life, historic preservation
efforts, and neighborhood support.
After consideration of all these elements, the following areas are
shown on the land use map as developing in high density (25+
D.U./acre) residential use:
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1. Clinton/Dubuque Street corridor.
2. C.R.I.&P. Railroad area south of the Courthouse.
3. outh John'on Street area.
The redev1'loPh6n1 process as already occurred extensively in these
areas as indicated by present density figures (see Map 2) and, due to
suitability factors, may be able to accommodate high density
development. These areas are found within the inner ring surrounding
the CBD, are located either along or adjacent to adequate access
routes and would not impact interior neighborhoods. These areas
provide more acreage devoted to high density development than
previously recommended by the Comprehensive Plan. There is a•
decrease, however, in the overall density proposed, from the density
allowed under the current zoning ordinance. Despite this decrease,
if the area were to develop at the densities proposed, sufficient
land would be available in these high-density areas to accommodate
much of the projected demand for multi -family units outlined in the
Housing Market Analysis cited above.
Medium Density Residential
Deviating from the Comprehensive Plan's recommendations and present
zoning, the following areas are proposed for medium density (16-24
D.U./acre) development and would, in effect, constitute a downzoning
in some instances:
1. East side of Dubuque Street corridor between Church Street and
the Market -Bloomington alleyway.
2. Portions of the College Hill area. (See land use map)
3===1,awa=Aye`-b-cap**r.
Justification for these recommendations is found in several
arguments. A medium density (16-24 D.U./acre) designation more
accurately represents the existing densities found in these areas. A
zoning designation which reflects current use will help to preserve
existing housing stock in these neighborhoods which have undergone
transitions but still give the visual impression of detached,
single-family homes. In addition, these areas are located in
proposed historic districts; a density which reflects existing uses
may safeguard historic structures from demolition more effectively.
Objections made by residents in the College Hill area who petitioned
for a building moratorium were not so much against the current mix of
multi -family development in their neighborhood as against additional
high density development. The general feeling of the petitioners
seems to be that the present balance is workable but that the area
may not be able to accommodate additional demolition and
reconstruction at higher densities without foregoing quality of
life, historic preservation and neighborhood support goals. The
medium density areas proposed on the land use map also serve to
buffer low density residential neighborhoods from higher density
development.
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Commercial/Office
Commercial/office areas shown on the land use map in large measure
coincide with the recommendations of the current Comprehensive Plan
with the exception of Jefferson Street between Dubuque and Gilbert
Streets. In proposing this area for commercial/office use, this land
use recommendation suggests a use which will utilize the existing
stock but be more appropriate to the location. As residential use,
the area is an isolated pocket surrounded by commercial/office and
institutional uses.
1. Goals and objectives outlined in the housing section of the current
Comprehensive Plan should be used to guide land use decisions in the
study area.
2. Housing transitions .within existing neighborhoods can be
accomplished without demolition of existing housing stock if
appropriate land use controls are employed. This redevelopment in
high density zones should be monitored to avoid exacerbating the
problems associated with dense residential development.
3. A historic preservation ordinance should be adopted to provide a
mechanism to establish preservation districts; districts whit
generally follow the City's National Register of Historic Places
districts may be considered.
4. Traffic congestion and on -street parking problems should be
considered when designating inner city areas for high density
development in order not to exacerbate current problems in the study
area.
5. The open space needs of a densely developed inner city area should be
considered different from those of developing neighborhoods of low-
density use. While the creation of new parks of an appreciable size
may be difficult, redevelopment options which encourage developers
to provide maximum amounts of usable space in high density areas to
ensure open space availability and neighborhood livability should be
investigated.
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CC
Date: August 16, 1982
To: Human Rights Commission
From: Dale Helling, Assistant City Manager
Re: Information on Application for Committee on Community Needs
Periodically, recommendations come to the City Council from the Committee on
Community Needs (CCN) regarding appointments to that Committee of persons who
are representative of certain neighborhoods or various segments of the local
population. Various population groups which have been referred to in past
recommendations for representation include the elderly, handicapped, low
income, and racial or ethnic minorities. This issue arose again during Council
discussion on July 19, 1982, with regard to consideration for an appointment to
CCN. At that time, the question of requesting additional information on the
application was raised. Such information might relate to age, sex, race, income
level, disability, or perhaps other personal information not normally requested
of applicants for boards or commissions.
Council has referred the question of the appropriateness of seeking such
additional information to the Human Rights Commission for your consideration and
recommendation. I have asked Phyllis Williams to place this item on your
August 30, 1982, meeting agenda. I will be present at that meeting to further
discuss or clarify this request. Your formal response should be reflected in
your minutes as a recommendation to the City Council.
Thank you.
cc: City Council
bc4/2 City Manager
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COMMENTS FOR PUBLIC HEARING
IOWA ENVIRONMENTAL QUALITY COMMISSION
AUGUST 16, 1982
BY: CHARLES J. SCHMADEKE,
DIRECTOR OF PUBLIC WORKS
CITY OF IOWA CITY, IOWA
I am Chuck Schmadeke, Director of Public Works of Iowa City, appearing in
response to the Notice of Public Hearing for this date. Iowa City is herewith
submitting a written response to the specifics outlined in the Notice; and, in
addition, I would like to take time to verbalize the City's position regarding
issues 1, 2, and 10.
1. Whether funding should continue at 75% or be reduced to 55%.
A. Current Federal legislation recognizes the necessity to continue to
provide 75% funding to those cities which have made considerable
progress and have previously received a Step 3 Grant for construction,
such as Iowa City. Decreasing the Grant share to those cities which
have completed planning, plan preparation, and some construction
based on 75% funding would create a significant financial hardship for
those communities.
Gradual reductions for communities which are just initiating the
process may be possible if those reductions are made over a period of
time so that solutions can be developed which are compatible with the
limited resources. This would, of course, require modified
standards, so that communities are not required to undertake a
financial commitment which is infeasible and basically represents a
position of bankruptcy.
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2. Whether qualifying sewer work should be funded concurrent or subsequent to
treatment or whether funding should be permitted prior to treatment.
A. The proposed change on funding of qualifying sewer work adversely
impacts the few large projects in the State where the construction of
sewers and treatment plant are scheduled separately. The treatment
works in most cases will be fully functional only if the required
sewers are constructed. For the few large projects, the sewer
construction should be allowed to take place prior to or concurrently
with the treatment plant. For example, under the proposed change,
Iowa City may not receive a grant to construct the much needed
University Heights Sewer until construction of the treatment plant
starts.
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3. Should I/A funding be limited to projects on the fundable list or should
replacement of fundable projects be allowed to make use of the I/A
reserve?
A. To fully utilize the reserves for innovative/alternative projects,
approximately half the projects, in dollars spent, must be I/A. To
allow replacement of fundable list projects to spend the I/A will
introduce uncertainty in the process and offer communities an
opportunity to bootstrap funding by merely using an I/A process.
4. Should failed I/A projects be provided 100% replacement funding?
A. Those projects already built should be funded 100%; that's what the
grantees were told when they built I/A projects. Future I/A projects
which fail should be funded only to the extent of grant participation
current at the time of failure.
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5. Should 5% be reserved for unsewerd communities?
A. This reserve amounts to $1,655,000 for FY1983. The Clean Water Act
should be directed toward clean water. Local health hazards should be
funded from other sources such as FmHA. It is noted that two
communities representing less than 1,500 persons will receive $1.7
million in grant funds for FY1983. This seems to be high in
proportion to other needs. There are 12 communities listed on the 58 -
page priority list that qualify for the reserve for unsewered
communities. Grant funds for these communities total nearly $5
million. In general, we belive funding should be directed primarily
to the urbanized areas. This emphasis on urban problems is consistent
with the shift in focus set forth by Congress in the 1981 reforms to
the Clean Water Act.
6. Should contract completion date be limited to two years?
A. This proposal may have merit for most of the projects which may be
constructed with relative ease within two years. However, large
treatment works may require more than two years to build in an orderly
and efficient manner. Once started, such projects should be completed
on a continuous basis. It would not be prudent to commit funds
elsewhere and have to interrupt construction until funds were again
available. It does not appear that many plants could be segmented.
7. Should Steps 2 and 3 (Step 4) grants be limited to $3 million?
A. The basic reason for the Step 4 grant appears to be the elimination of
one step in the grant process. Now, with only Step 3 grants, the
paperwork elimination claim appears no longer to be valid. Provisions
for payment of engineering costs normally associated with Step 2 can
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be handled through the advance payment of the costs covered by the
allowance. Wise use of the advance really eliminates the need for
Step 4 grants. In the event they are continued, the project size
should be restricted to $1 million or less.
8. Should Step 3 allowable cost be reduced by 0.5% for each month of delay
when a Step 4 grant is in effect?
A. Yes, this proposal, if adopted, would tend to motivate grantees to
obtain land, arrange for financing and complete engineering in a
timely manner. Delays caused by regulatory agencies should not be a
cause for penalty.
9. Should the guidelines be adopted for granting or denying grant increases
i and should increases be identified or awarded within 12 months?
A. This issue presents two questions; first, should there be guidelines
adopted for grant increases, and second, whether there should be a
time limit for grant increases. We agree that some guidelines may be
required for grant increases, but we cannot agree with Items 2.c. and
2.d. on page 16. We object to the inclusion in 2.c. of "normal wear."
If the equipment is worn out from normal wear, replacement should be
fundable. Also (2.d.) if failed concepts were mandated or influenced
by regulatory requirements, replacement or changes should be
fundable. The 12 -month period is too short in some cases to identify
grant increase requirements. A more reasonable period is two years
which coincides with the normal period of guarantee and bond.
10. Should a cut-off date of September 1 for project certification be adopted?
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A. Yes, we agree with this concept. The cut-off date allows for the
orderly removal of delayed or delinquent projects. The funds then
become available for grants to other waiting projects before the end
of the fiscal year on September 30.
Thank you for your consideration.
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Iowa City • Iowa
o
August 13, 1982
Environmental Quality Commission
900 East Grand Avenue
Des Moines, Iowa 50319
Dear Commission Members:
The Iowa City Chamber of Commerce is greatly distressed over the
sewer limitations of the Iowa City Sanitary Sewage System. Severe
constraints on residential, commercial and industrial users may
result if an upgrading of our facilities is subjected to addit-
ional delays. As President of the Chamber representing the
business interests of our community I feel compelled to express
grave concern over delays that could postpone indefinitely,:
considerations for taking care of our waste water treatment needs.
The Iowa City Chamber is presently engaged in a concerted effort
to formulate economic development strategies to serve our current
needs and attract new industry and commerce to Iowa City. This
is an attractive and desirable community and we are confident
our efforts will be successful in providing economic opportunities
of benefit to Iowa City and the State of Iowa. Planning in this
regard has occured on the assumption that an adequate waste water
treatment plant would be completed to take care of present and
future needs as prescribed by DEQ and the Environmental Protection
Agency.
There is little question that the handling of our waste water is
one of our most serious problems and we feel strongly the time for
action is now. Substantial delay in funding an adequate program,
will only compound present and future plans for orderly development
of our City. We respectfully ask that you give this matter top
consideration.
i
Cordi y /
!John Hughes, Presides
Greater Iowa City Area Chamber of Commerce
JH/lk
cc: City Manager
Greater Iowa City Area Chamber of Commerce •
P.O. Box 2358 Iowa City. Iowa 52244 (3 19) 337.9637
1531
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i Lec9ue of Iowa
EXECUTIVE DIRECTOR
Robert W. Herpater
August 13, 1982
TO: Mayors and Legislative Support Group Members
FROM: David H. Long, Director Intergovernmental Relations
SUBJECT: LEGISLATIVE WORKSHOP
---------------------------------------------------------------------
In order to better familiarize members of the General Assembly
with issues of interest to people living inside cities, the League
will conduct a legislative workshop on the First of September at
the new Iowa City Library (intersection of Lynn E College) beginning
at 7 p.m. In addition to mayors aad legislative support group members,
invitations will be extended to legislative candidates in House Districts
45, 46 and 54 as well as Senate Districts 23 and 27.
We would appreciate your participation in this workshop. While
we encourage you to extend this invitation to other a ro riate in-
dividuals, be advised that the purpose of this meeting is not for
deliberation or action within the scope of policy making duties iden-
tified in chapter 28A (Open Meetings Law). Enclosed is a tentative
agenda for the workshop.
DHL:a
encl.
PRESIDENT
E. J. Glavanneni
Mayor, Urbandale
VICE PRESIDENT
Mary Neuhaurer
Mayor, Iowa City
PAST PRESIDENT
Richard D. Singleton
Council Member, Conetwile
14ICROE1L14ED BY
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TENTATIVE AGENDA
LEAGUE OF IOWA MUNICIPALITIES
LEGISLATIVE WORKSHOP
I.
Introductions
II.
League Presentation
A. What is the League
B. City Issues
Home Rule
Legislative Mandates
Housing Inspection
Cost of Law Enforcement
Training
Civil Service Reform
Sidewalk Liability
Transit Finance
City Finance 6 Tax
III.
Specific City Concerns -
Each Attending City
IV.
Open Discussion -
Anyone
V.
Closing Remarks -
Each Attending Legislative Candidate
!
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CITY OF IOWA CITY
CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
August 17, 1982
PRESS RELEASE
Contact Person:
Lee J. Tippe
Civil Engineer
The contractor for the FY83 Asphalt Resurfacing Project, L.L.
Pelling Company, Inc., will begin construction in the Iowa City
Recreation Center Parking Lot on Monday, August 23, 1982. The
entire lot will be closed for public use during construction.
Estimated construction time is 6 weeks, weather permitting. The
parking lot should be completed by October 4, 1982.
Persons using the Recreation Center are advised to park in the
I
Chauncey Swan lot, the old Public Library lot, and in the Dubuque
Street Parking Ramp.
From: Administrative Office
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City of Iowa City
MEMORANDUM
DATE: August 27, 1982
TO: City Council
FROM: City Manager
RE: Material in Friday's Packet
Memorandum from the City Manager regarding operating procedures for the
noise ordinance.
Memorandum from the City Engineer regarding alley paving policy.
Memorandum from the Broadband Telecommunications Commission regarding
Cable TV Survey. J=
Memorandum from the Director of Finance regarding Chauncey Swan Parking
Lot.
Memorandum from the Director of Planning and Program Development -regarding
revised Zoning Ordinance draft. —2±
Article from Bicycle Forum 8 written by Jeff Davidson, Assistant Transportat
Planner. L,
Calendar for September 1982. 1:
141CROFIL14ED BY
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City of Iowa City
MEMORANDUM
Date: August 26, 1982
To: Cityuncil
From: Citi;nager
Re: Noise Ordinance - Operating Procedures
At the time the noise ordinance was approved by the City Council, it was
agreed that information concerning operating procedures and enforcement
levels would be prepared for review and approval by the City Council
before use by the enforcement departments. The enclosed draft has been
approved by the responsible departments, i.e., Police and Housing &
Inspection Services.
From the Council's standpoint, the level of enforcement is more
significant than the process. A copy of the ordinance is attached so that
you will be able to relate the operating procedures to specific ordinance
provisions.
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CEDAR AAY1D5 DES MOINES
CITY OF IOWA CITY
NOISE ORDINANCE t r
OPERATING PROCEDURES
AUGUST 1982
1.
General
a.
The Police Department is responsible for enforcement except
where specified otherwise.
b.
When in doubt, ask your commanding officer or
department head!
Always use common sense.
h 2.
0
Sec.
24.1-3 Exceptions
a.
Before taking any enforcement action, review this section.
b.
If you have a doubt, refer the question to
your commanding
officer or department head for a written
decision. The
department head will coordinate with the
legal staff, if
necessary.
3.
Sec.
24.1-4 Specific Activities Prohibited.
a.
Issue a verbal warning for the first violation.
Log the warning.
A citation is issued on the second occurrence
for same address
or person.
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4. Sec. 24.1-5 Musical Instruments.
a. This involves playing for private purpose, not a party or
concert.
b. Action is to be taken on complaints only when received from 10
p.m. to 7 a.m. and caller should be informed that complaint must
be filed by complainant. Issue verbal warning.
C. Log your complaint. When second complaint in any eight (8) hour
period following the initial response is received, request that
complainant file complaint. Police do not file complaints for
this violation.
5. Sec. 24.1-6 Sound Equipment and Sound Amplifying Equipment
a. "Stereo War." When a "stereo war" is being conducted, contact
responsible party, discuss implication of failure to stop, log j
complaint.
b. Parties.
i
1. When a complaint is received about stereos and/or loud
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parties, use the provision of Section 24-48, Disorderly
House. Action can be taken against local parties, even if
stereos are not involved. The determining factor is the
level of noise and annoyance to neighbors. Contact
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responsible party, discuss implication of continued
complaints, log complaint.
2. If noise continues and/or on second complaint, issue
citation for disorderly house.
C. When permit is required, refer person to Housing and Inspection
Services.
d. All other circumstances.
Issue verbal warning; log complaint; file citation if continues
or on receipt of another complaint.
e. Housing and Inspection Services will initiate permit
application procedure by identifying the location of a permit
request in relationshiop to noise sensitive areas and decibel
levels permitted for the specified address for the hours
proposed for the event. Housing and Inspection Services will
also disseminate informational packets and brochures to
applicant at the time the process is initiated. However, the
Police will sign off on all applications, and after fees are
paid, the Police will receive an enforcement copy of the permit
since enforcement would most likely be during the night or late
shift or involve sections of the ordinance restricted to police
enforcement.
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6. Sec. 24.1-7
a. Several hand-held meters will be available for measuring
vehicle noise.
b. Police will respond to complaints and stop vehicles when they
have reason to believe vehicle is in violation of this
provision.
C. Vehicles will be tested with hand-held meter.
d. A warning ticket and notice to repair will be issued, unless
vehicle is repeat violator. For "repeats," citation will be
issued.
e. All warning tickets and notices to repair will be logged in the
Police Department and followed-up.
f. Police Department will send letter to all automobile repair
services and garages informing them of these requirements and
Police Department policies. Letter will also include
provisions of Section (d), re: modification of exhaust
systems.
7. Sec. 24.1-8 Animals.
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1. This section will be enforced by the Animal Control Division of
the Police Department. When Animal Control personnel are not
available, other Police personnel will respond.
2. A warning ticket and a pamphlet explaining the law will be
provided on the first complaint. Log the complaint. A
misdemeanor complaint will be issued on subsequent, verified
complaints.
3. It should be noted that the definition of a barking dog is:
"Barking Dog" or Bird or Other Animal. A dog, bird or
other animal that barks, bays, cries, howls or emits any
other noise continuously and/or incessantly for a period
of ten (10) minutes or barks intermittently for one-half
(h) hour or more and the sound therefrom is plainly audible
across a residential real property boundary or within a
noise sensitive area.
This requires the animal control officer, police officer or the
citizen to be able to testify accordingly.
8. Section 24.1-9 Commercial and Industrial Performance Standards
This section shall be enforced by the Department of Housing and
Inspection Services. If a complaint is received after normal working
hours, the Police Department will refer the complaint and
information to HIS for enforcement action.
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9. Sec. 24.1-10.
Primary responsibility is delegated, under Section 24.1-10(b), as
follows, all of whom will be appointed noise control officers.
Sub -section (b):
i
I. Director of Department of Housing & Inspection Services: (1),
(2), (3), (4), (5), (6), (7), (8), (10).
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2. Inspector in Department of Housing & Inspection Services: (5).
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3. Sworn Police Officers: (5), (9).
4. Animal Control Officers: (5),,(9).
I
10. Sec. 24.1-11 Whenever departments purchase new vehicles or
mechanical equipment of any nature they should coordinate with the
Purchasing Agent to determine that "quiet" equipment is purchased,
consistent with financial limitations.
11. Sec. 24.1-12 Sound Variances.
This section shall be administered by the Director of Housing &
Inspection Services.
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12. Sec. 24.1-17 Additional Remedies.
This provision exists to deal with repeated violations. If an event
continues after the issuance of a citation or if there are repeated
violations by an individual or organization, provide the City
Attorney with a report so that enforcement under this provision may
be considered.
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h AS CORRECTED - FOR DISTRIBUTION ONLY
i of
ORDINANCE NO. 82-3076
(j d Mly AN ORDINANCE TO AMEND THE CODE OF IOWA CITY BY ESTABLISHING CHAPTER
1 24.4, NOISE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
The Code of Iowa City be and is hereby amended by adding thereto a new chapter to
be known as Chapter 24.4, entitled, "Noise," as follows:
CHAPTER 24.4, NOISE
SEC. 24.4-1. POLICY, PURPOSE, TITLE AND SCOPE
(a) Statement of Public Policy. The city council finds and declares that:
(1) Excessive noise is a serious hazard to the public health and welfare
and the quality of life in urban society.
(2) A substantial body of science and technology exists which provides for
substantially reducing excessive noise without serious inconvenience
to the public.
(3) Certain of the noise -producing equipment in the city is essential to
the quality of life therein and should be' allowed to continue at
reasonable levels with moderate regulation.
(4) Each person has a right to an environment reasonably free from
disturbing noise or that which jeopardizes health or welfare or
unnecessarily degrades the quality of life.
(5) It is the legislative declaration of the city to promote an environ-
ment free from certain excessive noise, otherwise properly called
"noise pollution", which jeopardizes the health and welfare and
degrades the quality of the lives of the residents of the city,
without unduly prohibiting, limiting or otherwise regulating the
function of certain noise producing equipment which is not amenable to
such controls and yet is essential to the economy and quality of life.
(b) Purpose Title and Scope.
(1) The purpose of this chapter is to establish standards for the control
of noise pollution in the city by setting maximum permissible sound
levels for various activities and to protect the public health, safety
and general welfare.
(2) This chapter may be cited as the "Noise Control Ordinance" of the City
of Iowa City.
(3) This chapter shall apply to the control of noise producing activities
and objects originating within the limits of the City of Iowa City or
originating from properties lying outside the limits of the City of
Iowa City owned or controlled by the City of Iowa City with a lease or
other similar arrangement, except where either 1) a state or federal
agency has adopted a different standard or rule than that prescribed
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Ordinance No. 82-307o
Page 2
within this chapter and has so preempted the regulation of noise from
a particular source as to render this chapter inapplicable thereto, or
2) the city council has determined that, by reason of public
acceptance of the activity producing a particular noise, such noise is
deemed acceptable to the residents of this city.
Sec. 24.4-2. DEFINITIONS.
Unless otherwise expressly stated or the context clearly indicates a different
intention, the following terms shall have the meanings shown. Definitions of
technical terms used in this subchapter which are not herein defined shall be
obtained from publications of acoustical terminology issued by the American
National Standards Institute (ANSI) or its successor body.
"Ambient sound level". The noise associated with a given environment,
exclusive of a particular noise being tested, being usually a composite of
sounds from many sources near and far, exclusive of intruding noises from
isolated identifiable sources.
eighted sound level". The sound pressure level in decibels as measured on a
sound level meter using the A -weighting network. The level is designated dB(A)
or dBA.
"Barking Dog" or Bird or Other Animal. A dog, bird or other animal that barks,
bays, cries, howls or emits any other noise continuously and/or incessantly for
a period of ten (10) minutes or barks intermittently for one-half (h) hour or
more and the sound therefrom is plainly audible across a residential real
property boundary or within a noise sensitive area.
"Decibel (dB)". A logarithmic and dimensionless unit of measure used in
describing the amplitude of sound, equal to 20 times the logarithm to the base
10 of the ratio of the pressure of the sound measured to the reference pressure,
which is 20 miscropascals (20 micronewtons per square meter).
"Motorboat". Any vessel which is designed to operate on water and which is
propelled by a motor, including, but not limited to, boats, barges, amphibious
craft, water ski towing devices and hover craft.
"Motor vehicle". Any motor -operated vehicle licensed for use on the public
highway.
"Noise". Any sound which disturbs humans or which causes or tends to cause an
adverse psychological or physiological effect on humans.
"Noise control officer". Any city employee(s) or city law enforcement
officer(s), designated by the City Manager as having responsibility for the
enforcement of this chapter.
"Noise disturbance". Any sound of such character, intensity and duration which
endangers or injures the welfare, safety or health of a human being, or annoys
or disturbs a reasonable person of normal sensitivities, or endangers or injures
personal or real property.
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Ordinance No. 82-30.
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"Noise sensitive activities". Activities which are conducted under conditions
of exceptional quiet including, but not limited to, operation of schools,
libraries open to the public, churches, hospitals and nursing homes.
"Noise sensitive area". Any areas designated in this sub -chapter for the
purpose of ensuring exceptional quiet and clearly posted with "Noise Sensitive
Area" signs.
"Person". The word shall have the meaning prescribed by section 1-2 of the Code
of Iowa City and shall in addition include any officer, employee, department,
agency or instrumentality of the state or any political subdivision of the
state.
"Plainly Audible Noise". Any noise for which the information content of the
noise is transferred to the listener, such as but not limited to understanding
of spoken speech, comprehension of whether a voice is raised or lowered, or
comprehension of musical rhythms.
"Powered model vehicle". Any self-propelled airborne, waterborne, or landborne
model plane, vessel, or vehicle, which is not designed to carry persons,
including, but not limited to, any model airplane, boat, car or rocket.
"Public right-of-way". Any street, avenue, boulevard, highway, sidewalk, or
alley or similar place which is owned or controlled by a governmental entity.
This definition shall also include an area between the traveled portion and the
sidewalk or private property line if no sidewalk exists.
"Public space". Any real property, including any structure thereon, which is
owned or controlled by a governmental entity.
"Real�raperty boundary". An imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one person from
that owned by another person, but not including intra -building real property
divisions.
"Recreational vehicle". Any race car, motorcycle, snowmobile, or any other
motorized vehicle equipped for use in racing or other recreational events or
uses off of public right-of-way on public or private property. For purposes of
this chapter, a motor vehicle or motorized vehicle which is taking part in an
organized racing, endurance, or other coordinated sporting event shall be deemed
a recreational vehicle.
Sec. 24.4-3. EXCEPTIONS.
The provisions herein shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the time of
day, the existence of an emergency or the approved testing thereof.
(2) The emission of sound in the performance of emergency work, including snow
removal and maintenance of trees.
(3) Non-commercial public speaking and public assembly activities conducted on
any private property, public space, or public right-of-way.
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Ordinance No. 82-30i..
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(4) The unamplified human voice, except those activities specifically
controlled by the provisions of this Chapter.
(5) Agricultural activities, exclusive of those involving the ownership or
possession of animals or birds.
(6) Snowmobiles regulated by chapter 321G, Code of Iowa.
(7) Rail and air transportation and public mass transportation vehicles.
(8) Emergency vehicles such as fire trucks and ambulances.
(9) Non-professional athletic events.
(10) Essential services such as electrical substations and safety devices.
(11) Construction and maintenance activities between 7:00 a.m. and 10:00 p.m.
Maintenance activities shall be non -routine operations, temporary in
nature, and conducted infrequently.
(12) Cement sawing of freshly -poured concrete street, alley, sidewalk, or road
surface. Provided, however, that any person intending to engage in such
activity between 10:00 P.M. and 7:00 A.M. shall first notify the Iowa City
Police Department by telephone or in person that such activity will be
undertaken and the time and location of same.
X13) Unamplified live music, provided, sponsored or funded, in whole or in part,
by a governmental entity.
Sec. 24.4-4. SPECIFIC ACTIVITIES PROHIBITED.
The following acts, among others, are deemed to be loud, disturbing, unusual,
unreasonable and unnecessary noises in violation of this chapter, but any
enumeration herein shall not be deemed to be exclusive:
(a) Sales by "hawking or barking". No person shall offer for sale or sell
anything by shouting or outcry within any residential area in the city,
except in conjunction with an event which is exempt from the provisions of
this chapter or for which a permit has been issued by the City.
(b) Loading and Unloading. No person shall so load, unload, open, close or
handle boxes, crates, containers, building materials, garbage cans, or
similar objects outdoors between the hours of 10 P.M. and 6 A.M. the
following morning as to create a noise disturbance across a residential
real property boundary or within a noise sensitive area.
(c) Vehicle or Motorboat Repairs and Testing. No person shall repair,
rebuild, modify, or test any motor vehicle, motorcycle, or motorboat either
within a residential zone in such a manner to cause a noise disturbance or
in any other zone in such a manner as to cause a noise disturbance across a
residential real property boundary or outdoors within a noise sensitive
area.
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Ordinance No. 82-30'-�
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(d) Powered Model Vehicles. No person shall operate or permit the operation of
powered model vehicles in a residential zone, in a public space or within a
noise sensitive area between the hours of 10:00 P.M. and 7:00 A.M. the
following morning.
(e) Sound Trucks and Other Devices. No person shall operate or permit the
operation upon the public streets of a sound truck,' or other device for
producing, reproducing or amplifying sounds without a permit.
Sec. 24.4-5. MUSICAL INSTRUMENTS AND SIMILAR DEVICES.
No person shall operate, play or permit the operation or playing of any drum,
musical instrument or similar instrument in such a manner to cause a noise
disturbance or outdoors within a noise sensitive area.
Sec. 24.4-6. REGULATION OF SOUND EQUIPMENT AND SOUND AMPLIFYING EQUIPMENT.
(a) Except for activities open to the public and for which a permit has been
issued by the city, no person shall so operate, play or permit the
operation or playing of any radio, television, phonograph, record player,
tape deck or player, loud speaker, amplifier, or other device for
producing, reproducing or amplifying sounds in any building or upon any
premises, public or private or any other sound producing equipment or
apparatus:
(1) In such manner as to cause a noise disturbance or outdoors within a
noise sensitive zone.
(2) In such manner as to cause a noise disturbance or outdoors within a
noise sensitive zone, when operated in or on a motor vehicle on a
public right-of-way or public space, or in a boat on public waters.
(b) Sound equipment --permit required. No person shall use, operate or cause
to be used or operated any radio, record player, tape deck or player, loud
speaker, amplifier, sound truck or other device for producing,
reproducing, or amplifying sounds, hereinafter referred to as "sound
equipment", upon the public streets or in any building or upon any
premises, public or private, if the sound therefrom be plainly audible
across a residential real property boundary from any public street or
public place within the city, unless said person:
(1) First obtains a permit in accordance with this section;
(2) Complies with the conditions imposed by the permit, including the
maximum permitted sound level shown therein; and
(3) Complies with all other applicable provisions of this section.
Sound equipment shall not include:
(1) Equipment used for public health and safety purposes;
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Ordinance No. 82-30,
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(2) Church or clock carillons, bells or chimes;
(3) Parades, processions or other public events for which a parade or
other permit has been issued, provided the conditions of the permit
are complied with;
(4) Automobile radios, tape decks or players, or other standard
automobile equipment used and intended for the use and enjoyment of
the occupants, provided the sound emitting therefrom is not plainly
audible for more than 50 feet from the vehicle;
(5) Recorded music used in a non-residential zone in conjunction with a
civil or religious celebration;
(6) Unamplified live music provided, sponsored, or funded, in whole or in
part, by a governmental entity.
(7) Mobile radio or telephone signaling devices.
(8) Car or truck horns or similar devices when used to denote danger or a
warning or possible danger.
(c) Fees. A separate permit shall be required for each type of activity
described below. Permits shall be nontransferable. The permit shall be
conspicuously displayed on or immediately adjacent to the sound eqiupment.
Fees for sound equipment permits shall be established by resolution of the
City Council.
(1) No fee shall be required for any sound equipment permit issued to the
City of Iowa City, State of Iowa, or the Federal government or any
other governmental subdivision or agency.
(d) Information required. Application for permits required herein shall be
made in writing to the City Clerk, accompanied by the required permit fee
and such information as the City Clerk may require. If the application
contains the required information, is accompanied by the required fee, and
the proposed use complies with the requirements of this subsection, the
City Clerk shall issue the appropriate permit.
(e) Application standards.
(1) Type A permit --general standards. A type A permit may be issued for
sound equipment emitting music or human speech registering not more
than 60 dB(A)'s when measured at the real property boundary of the
private residence nearest the sound equipment and measuring not more
than 100 dB(A)'s at a distance of 50 feet from the sound equipment.
Sound equipment permitted under a type A permit may be used only in
areas of the city zoned for non-residential use and only between the
hours of 9:00 A. M. and 9:00 P.M.
(2) Type B permit --sound trucks --general standards. Sound trucks may be
operated only under a type B permit. A type B permit may be issued for
sound equipment mounted upon a motor vehicle and intended for use upon
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Ordinance No. 82-30'
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city streets provided that the sound equipment emits only music or
human speech registering not more than 80 dB(A)'s when measured at a
distance of 100 feet from the sound equipment. Sound equipment
permitted under a type B permit may be used only in non-residential
areas and only from 9:00 A.M. to 9:00 P.M.
(3) Type C permit--parks--general standards. A type C permit may be used
for sound equipment emitting music or human speech registering not
more than 60 dB(A)'s when measured at the real property boundary of
the private residence nearest the sound equipment and registering not
more than 100 dB(A)'s when measured at a distance of 50 feet from the
sound equipment. Sound equipment permitted under a type C permit may
be used only in public parks owned and operated by the city, or public
grounds owned and operated by another government body, from 10:00 A.M.
to 11:00 P.M. for events authorized and approved by the city or other
body having jurisdiction over the park or public grounds.
(4) Type D permit --public or parochial school ground -general standards.
A type D permit may be issued for sound equipment emitting music or
human speech registering not more than 60 dB(A)'s when measured at the
real property boundary of the residence nearest the sound equipment
and registering not more than 100 dB(A)'s when measured at a distance
of 50 feet from the sound equipment. Sound equipment permitted under
a type D permit may be used only on school grounds, or in conjunction
with a school sponsored activity, from 10:00 A.M. to 11:00 P.M. for
events authorized and approved by the school authorities having
jurisdiction of the grounds.
(f) Commercial advertising --sound equipment prohibited. No sound equipment
shall be permitted to be used on public streets or public places, in any
building, or upon any premises if the sound will be plainly audible from
any public street or public place within the city, when any such use is for
commercial advertising purposes, or for the purpose of attracting the
attention of the public to any building or structure for monetary gain.
Sec. 24.4-7. MOTORIZED VEHICLES.
(a) No person shall operate or cause to be operated the engine providing motive
power, or an auxiliary engine, of a motor vehicle of a weight in excess of
10,000 pounds for a consecutive period longer than 20 minutes while such
vehicle is standing on private property and located within 150 feet of
property zoned and used for residential purposes, except when such vehicle
is standing within a completely enclosed building. This section shall not
apply to delivery or pickup vehicles that require the operation of the
engine to unload or load their vending loads.
(b) No person shall drive or move or cause or knowingly permit to be driven or
moved a motor vehicle or combination of vehicles at any time in such a
manner as to exceed the following noise limits at any time in such a manner
as to exceed the following noise limits for the category of motor vehicle
shown below. Noise shall be measured at a distance of at least 25 feet (7.5
meters) from the near side of the nearest lane(s) being monitored and at a
height of at least 4 feet (1.2 meters) above the immediate surface. Table
1 provides corrections to observed noise levels at distances of less than
50 feet.
MICRorILMED BY
JORM MICROLAB
CEDAR RAPIDS • DES MOINES
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Ordinance No. 82-30'.
Page 8
Sound Pressure Level, d8(A)
Speed limit Speed limit
40 MPH or less over 40 MPH
Motor vehicles with a manufacturers
gross vehicle weight rating (GVWR)
or gross combination weight rating 90 94
(GCWR) of 10,000 pounds or more, or
any combination of vehicles towed
by such motor vehicle.
Any other motor vehicle or any
combination of vehicles towed by 80 84
any motor vehicle.
Any motorcycle. 82 86
This section applies to the total noise from a vehicle or combination of
vehicles and shall not be construed as limiting or precluding the
enforcement of any other provisions of this code relating to motor vehicle
mufflers for noise control.
(c) The measurement of sound or noise shall be made with a sound level meter
meeting the standards prescribed by the American Standards Association.
The instrument shall be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the response
specification. A calibration check shall be made of the system at the time
of any noise measurement. Measurements recorded shall be taken so as to
provide a proper representation of the noise source. The microphone during
measurement shall be positioned as not to create any unnatural enhancement
or diminution of the measured noise. A windscreen for the microphone shall
be used when required. Traffic, aircraft and other transportation noise
sources and other background noises shall not be considered in taking
measurements except where such background noise interferes with the
primary noise being made.
(d) No person shall modify the exhaust system of a motor vehicle or motorcycle
by installation of a muffler cut-out, by-pass or other similar device and
no person shall operate a motor vehicle or motorcycle which has been so
modified. A motor vehicle so operated shall be deemed equipped with a
muffler which emits excessive and unusual noise and which is not in good
working order.
(e) 1) No person shall operate a recreational vehicle or permit the operation
of one or more recreational vehicles, individually or in a group or in
an organized racing event, on public or private property in such a
manner that the sound level resulting from such operation exceeds 73
dBA for a total of three minutes in any continuous one hour period or
exceeds 90 dBA for any period of time during such operation. Sound
levels which exceed the limits herein described at the real property
boundary of the receiving land use shall be deemed a noise
disturbance.
RICROEILMED By
JORM MICROlAE3
j CEDAR RAPIDS • DES MOINES
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Ordinance No. 82-30'.
Page 9
2) No person shall conduct or permit the conduct of any part of an
organized racing event which involves a contest between or among
recreational vehicles on public or private property between the hours
of 9:00 P.M. and 9:00 A.M. the following morning.
Sec. 24.4-8. ANIMALS.
(a) No person shall own, possess or harbor any barking or noisy dog, bird or
other animal regardless of whether the dog, bird or other animal is
physically situated in or upon private property. However, the dog, bird or
other animal shall not be deemed a barking dog or noisy animal if, at the
time the dog, bird or other animal is barking or making any other noise, a
person is trespassing or threatening.to trespass upon private property in
or upon which the dog, bird or other animal is situated or taking any other
action which would tease or provoke the dog, bird or other animal to bark
or otherwise be noisy.
Sec. 24.4-9. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS.
(a) No person shall permit noise from any commercial or industrial use, as
defined in the zoning ordinance, to exceed the sound levels specified in
table 2, except that the decibel levels specified shall be reduced by 5
decibels at the boundary line of a zone designated as residential in the
zoning ordinance between the hours of 7:00 p.m. and 7:00 a.m.; and at the
boundary line of a school located in a noise sensitive area between the
hours of 8:00 a.m. and 4:00 p.m. when the school is in session.
For the purpose of measuring the intensity and frequency of sound, the
sound level meter, the octave band analyzer and the impact noise analyzer
shall be employed.
The flat network and the fast meter response of the sound level meter shall
be used. Sounds of very short duration, as from forge hammers, punch
presses, and metal shears which cannot be measured accurately with the
sound level meter, shall be measured with the impact noise analyzer.
Octave band analyzers calibrated in the Preferred Frequencies (United
State of America Standard S1 6-1967, Preferred Frequencies for Acoustical
Measurements) shall be used in the table headed 'Octave Band, Preferred
Frequencies." Octave band analyzers calibrated with the pre -1960 octave
bands (United States of America Standards Z24 10-1953, Octave Band Filler
Set) shall be used with the tables headed 'Octave Band, Pre -1960."
Sec. 24.4-10. POWERS AND DUTIES OF THE NOISE CONTROL OFFICER.
(a) The noise control program established by this chapter shall be implemented,
administered, and enforced by the noise control officer who shall be that
person or persons, designated by the City Manager.
(b) To implement and enforce this chapter the noise control officer shall have
the additional power to:
mncROEIL1110 BY
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Ordinance No. 82 -30', -
Page 10
(1) Conduct research, monitoring, and other studies related to sound.
(2) Conduct programs of public education regarding the causes, and
effects of sound or noise and general methods of abatement and control
of noise, as well as the actions prohibited by this chapter and the
procedures for reporting violations.
(3) Coordinate the noise control activities of all municipal departments.
(4) Review public and private projects, including those subject to
mandatory review or approval by other departments, for compliance
with this chapter, if these projects are likely to cause sound in
violation of this chapter.
(5) Upon presentation of proper credentials, enter and inspect any
private property or place, and inspect any report or records at any
reasonable time when granted permission by the owner, by some other
person with apparent authority to act for the owner, or a tenant of
the premises. If consent to inspect is wjthheld by any person or
persons having the lawful right to exclude, the officer may apply to a
magistrate of the Iowa District Court in and for Johnson County for a
search warrant of the building. No owner or occupant or any other
person having charge, care or control of any structure or premises
shall fail or neglect, after presentation of a search warrant, to
properly permit entry therein by the officer for the purpose of
inspection and examination pursuant to the provisions herein.
(6) Issue sound variances pursuant to the provisions of this chapter.
(7) Prepare recommendations for consideration by the city council, after
publication of notice and public hearing, for establishing the
boundaries of noise sensitive areas.
(8) Designate any area for the purpose of ensuring exceptional quiet and
to be clearly posted with "Noise Sensitive Area" signs because of the
noise sensitive activities conducted therein. These areas may
include, but are not limited to schools, libraries, churches,
hospitals and nursing homes.
(9) Authorize the capture and impoundment of any dog, bird or other when
the noise made by the animal cannot be reasonably controlled by the
owner or other person on whose property the animal is located.
(10) Require certification by a registered engineer or other qualified
person that the performance standards for a proposed use can be met.
Sec. 24.4-11. DEPARTMENTAL ACTIONS.
All departments and agencies of the city shall carry out their programs so as to
further the policy of this chapter.
111CR0EILMED AY
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CEDAR RAPIDSDES MOINES,
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Ordinance No. 82-30'
Page 11
Sec. 24.4-12. SOUND VARIANCES.
(a) The noise control officer shall have the authority consistent with this
section, to grant sound variances from the requirements of this chapter.
(b) Any person seeking a sound variance under this section shall file an
application with the City Clerk. The application shall contain information
which demonstrates that bringing the source of sound or activity for which
the sound variance is sought into compliance with this subchapter would
constitute an unreasonable hardship on the applicant, on the community, or
on other persons. The application shall be accompanied by a fee in the
amount established by the City Council by resolution. The fee shall not be
refundable.
(c) In determining whether to grant, deny, or revoke the application the noise
control officer shall balance the hardship to the applicant, the community,
and other persons of not allowing the sound variance against the adverse
impact on the health, safety and welfare of persons affected, the adverse
impact on property affected, and any other adverse impacts of allowing the
sound variance. Applicants for sound variances and persons contesting
sound variances may be required to submit any information as may reasonably
be required. Appl.icants are required to give notice by certified mail to:
(1) the occupants of surrounding single or two family residences located
in an area that includes the next two homes in any direction, or those
within 100 feet of the noise source, whichever is less; or
(2) the owner or manager of multiple family residences, including' hotels,
within such area.
In granting or denying an application or in revoking a sound variance
previously granted, the noise control officer shall place on public file a
copy of the decision and the reasons for granting, denying or revoking the
sound variance.
(d) Sound variances shall be granted by notice to the applicant containing all
necessary conditions, including a time limit on the permitted activity.
The sound variance shall not become effective until all conditions are
agreed to in writing by the applicant and placed on file with the Noise
Control Officer. Noncompliance with any condition of the sound variance
shall terminate it and subject the person holding it to those provisions of
this subchapter regulating the source of sound or activity for which the
sound variance was granted. Termination for non-compliance shall be made
in accordance with Section 2-188, Emergency Orders, of this Code.
Sec. 24.4-13. EFFECTIVE DATE.
This ordinance shall be in effect upon its passage, approval and publication in
accordance with law.
Sec. 24-4.14. SEVERABILITY OF PROVISIONS.
Each section, and any and all provisions of this ordinance, is independent of
every other section and any and all provisions, and the invalidity of any
thereof, shall not invalidate any other section or provision.
X53 V
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MICROFILMED BY
JORM AAICROLA13 J
I CEDAR RAPIDS • DES MOMES
S
Ordinance No. 82-30,
Page 12
Sec. 24-4.15. REPEALER.
All ordinances or parts of ordinances in conflict with this ordinance hereby are
repealed, with the exception of Sections 5-35(7), 9 1-7(d), 23-137, and 24-48 of
this Code.
Sec. 24.4-16. PENALTY.
(a) Any violation of the provisions of this ordinance shall be a misdemeanor
subject to the penalties of Section 1-9 of this Code.
(b) Each instance of violation of any of the provisions of this Ordinance shall
constitute a separate offense.
Sec. 24.4-17. ADDITIONAL REMEDIES.
Any violation of the provisions of this ordinance is deemed and declared to be a
nuisance, and as such may be subject to summary abatement by means of a
restraining order or injunction issued by the District Court.
Passed and approved this 3rd day of August, 1982.
V
G / MAYOR
ATTEST: 17.Y 1"
CITY CLERK
/say
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IAICROFILIIED BY
JORM MIC R(SLAB
CEDAR RAPI05 DES MOI4E5
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TABLE 1
(Corrections to observed noise levels for distances less than 50 feet)
DISTANCE
MEASUREMENT IN FEET
CORRECTIONTO LEVELS
d6(A)
More than
UP to
45 ft.
50 ft.
-o-
41 ft.
45 ft.
+1
37 ft.
41 ft.
+2
33 ft.
37 ft.
+3
30 ft.
33 ft.
+4
27 ft.
30 ft.
+5
25 ft.
27 ft.
+6
163 f
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JORM MICR6LA13- .i
J\� CEDAR RAI+105 • DES MOVIES (�
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Type of Analyzer
Octave Band
Preferred Freq.
(Cycles/Sec.) Impact Noise
31.5
63
125
250
500
1000
2000
4000
8000
Overall Peak
TABLE 2
Maximum Permitted Sound Levels, dB (Re: 0.0002 Microbar)
In C Zones and ORP Zone In M-1 and M-2 Zones
Measured at Measured at
R Zone Boundary, R Zone Boundary, C Zone
Recreational Area, Recreational Area, or ORP Zone
or School Area* Adjacent Lot or School Area* Boundary
76 83 76 83
71 78 71 78
65 72 65 72
57 64 57 64
50 57 50 57
45 51 45 51
39 46 39 46
34 41 34 41
32 38 32 38
80 86 80 86
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MICROFILMED BY
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1 I CEDAR RAPIDS • DES MOIYES I
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City of Iowa City
MEMORANDUM
DATE: August 25, 1982
TO: Neal Berlin and City Council
FROM: Frank Farmer, City Engineer6�
RE: Alley Paving Policy
In the recent past, the policy for paving alleys has been as follows:
either a) The adjacent property owners would be assessed
the cost for the improvement through special
assessment project if desired by Council.
or b) Those desiring the improvement would hire the
contractor and pay the construction costs while
the City would provide the design, staking, and
inspection at no cost.
Referring to the 1966 Code of Iowa concerning special assessments, the
following language shoTF1be nom: "If the improvement or sewer is made
on the motion of the Council, such resolution of necessity shall require
for passage the vote of three-fourths of all the members of the Council,...
No resolution providing for the improvement of streets by paving shall be
passed except by unanimous vote of the entire Council, if, at the time set
for its consideration, a remonstrance shall have been filed with the
Council signed by sixty percent of the property owners or by the owners
of property subject to pay seventy-five percent of the assessable cost
of the proposed improvement."
Referring to the 1981 Code of Iowa regarding special assessments, the
following language sho_uTcT_1b_e nom: "A resolution of necessity requires
for passage the vote of three-fourths of all the members of the Council,...
and where a remonstrance has been filed with the clerk, signed by the
owners subject to seventy-five percent of the amount of the proposed
assessments for the entire public improvement included in the resolution
of necessity, a resolution of necessity requires a unanimous vote of
the Council."
Comparing the two preceding paragraphs, the voting by Council involved
with the special assessment procedure is very similar. The only
difference is the additional phrase in the 1966 Code of Iowa language
"a remonstrance shall have been filed with the Counci7signed by sixty
percent of the property owners".
IIICROFIL141D BY
JORM MICRbLAB-
CEDAR RAPIDS • DES MOINES
/53S
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City of Iowa City
MEMORANDUM
Date:
August 3, 1982
To:
Broadband Telecommunications Commission
From:
Drew Shaffer, BTS
Re:
Cable TV Survey
Recently a cable TV survey was conducted for the City of Iowa City and Hawkeye
CableVision by Professor Paul Traudt and his broadcasting and film students from
the University of Iowa. There were 569 respondents to this survey, randomly
selected from the Iowa City phonebook and contacted by telephone.
The survey indicated 49 percent of the persons responding were aware that there
are local access cable TV channels in Iowa City. Sixty-six percent were aware
with prompting (such as, "Are you aware of the government access channel 29"9).
Thirty-one percent said they could name those access channels or the numbers of
those channels. Forty-three percent have watched one of the local access
channels (10% said they had watched the library access channel, 10% said
Hawkeye's channel 5, 9% said the government access channel 29, 7% said the
community access channel 26, 6% said the educational access channel 27). Five
percent said they had actually been involved in making a local program. Of
those who said no, they had not been involved in making a local program, 27
percent said they would like to become involved in making a local program. Most
people find out about local programs on cable TV by scanning up and down on their
converter boxes (45% responding said they found out about local programs that
way), while 20% learn about local programs by word of mouth and 13% find out
about local programs from the Press -Citizen. The most popular local program is
the City Council meetings, which may have as large an audience as 2,000 people
at any' given time. Fifty-eight persons said they watch channel 5, 57 said
channel 20, 50 said channel 29, 39 said channel 26, and 32 said channel 27.
There were a lot of audience demographics taken by this survey which are
available from my office, but overall the local access audience seems to be, for
the most part, 20-35 years old and making $20,000-$30,000. Five percent of
those responding said they couldn't get cable service and one-half of those said
they would take the service if they could get it. Ninety percent of the people
who have cable TV watch much more TV than they did before they had cable. As
many as 16 percent said they got cable TV because it offered public access,
offers no commercials on some channels, and/or is a novelty attraction.
There is much more to be determined from the one and one-half inch thick
computer printout: There is also much this survey is verifying that we are
doing, what cable TV is doing, and what we and cable TV are not doing. For
instance, there seems to be quite a corps of persons well -versed about access,
who use and watch access. There also seems to be a general lack of
understanding, watching or participation on the part of senior citizens in Iowa
City. Such information can help us mold and direct future courses of action,
goals and objectives. Another example is, because so many people learn about
programs via scanning the converter box, it behooves us to have something on
local access channels as much as possible, if not 24 hours a day.
MICROEILMID BY
JORM MICROLAO
CEDAR RAPIDS • DES 4014ES
1536
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future updates. We are
one to two years. If you
iestions, please feel free
IS36
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IdICROFILMED BY
"JORM MICR#LA0
CEDAR RAPIDS DES MOINES
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City of Iowa City
MEMORANDUM
Date: August 26, 1982
To: City Council (� 1
From: Rosgmary Vitosh, Director of Finance
Re: Chauncey Swan Parking Lot
The attached memo sent to Council last April explained the proposed
changes to the rates and the parking terms in the Chauncey Swan lot
and the Library lot. As indicated in the memo, this action was
proposed as a result of requests from merchants, in the eastern
portion of the central business district, for more short-term
parking.
In addition, the Chauncey Swan lot had been used for some time at
close to a 100% occupancy level between 9:00 am and 5:00 pm.
Seventy-five monthly permits were sold for that lot and we frequently
heard from permit holders of the problems they had in finding a
parking spot if they came into the lot after 9:00 am. Since the
Recreation Center lot, which is just south of the Chauncey Swan lot,
was being used at an occupancy level of less than 50% and, since the
demand existed for more short-term parking in this area, our proposal
was made.with the intent of freeing up spaces in the Chauncey Swan
lot. The Chauncey Swan lot was being used by primarily long term
parkers and it was felt that the rate increase would encourage many
long-term parkers to instead use the Recreation Center Lot.
The attached chart shows the revenues in the lots for March through
August of 1981 and 1982. It shows that revenues and usage naturally
decrease in the summer months and also shows the decrease in usage in
the Chauncey Swan lot to around a 50% occupancy level since the rate
increase this summer. The Recreation Center lot shows a slight
increase in usage. However, that lot did not reach 100% occupancy
after the rate increase went into effect for the Chauncey Swan lot,
and did still provide available long-term parking at 10 cents an
hour. Therefore, it does not appear that there was any shortage of
10 cents per hour parking spaces available in that general area.
The number of monthly permits available for sale in the Chauncey Swan
lot was decreased from 75 to 55 on July 1, 1982. Even though all 75
permits have been sold in the past and we always had a waiting list
of those interested in purchasing monthly permits, since July 1,
when we increased the monthly rates from $12 to $20, we have not been
able to sell all available permits. At this time two permits out of
the total 55 have not been sold. The $20 per month is not out of line
even when looking at a 10 cents per hour rate. Parking for 22 days a
month, for nine hours per day, at 10 cents per hour is $19.80. So,
the increased rate is still close to what the parker would have paid
for long-term parking at the 10 hour meters.
nICROFILMED By
JORM MICROLA6
!CEDAR RAPIDS • DES MOINES
1537
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Permit parking has not increased within the ramps since the rate
increase in the Chauncey Swan lot as shown by the following:
# of Permits # of Permits # of Permits
Sold (June) Sold Jul Sold (August)
Dubuque St. Ramp 43 29 29
Capitol St. Ramp 90 60 64
Most of the decrease in July is due to decreased sales to University
students during the summer months.
There are available parking spaces in the Chauncey Swan lot but there
are also fewer available spaces in the Recreation Center lot.
Therefore, the intent of the change has been realized. Additional
parking now is available in the lot closer to the center of the
Central Business District. It was felt that providing sufficient
short-term parking closer to the CBD was the best option.
Since usage decreases during summer months, it is anticipated that
usage will start to increase now that University classes are back in
session and colder weather starts to move in. Since reconstruction
of the Recreation Center lot began Monday, August 23, and will take
5-6 weeks, I do not recommend that any changes be made at this time
to the parking rates in the Chauncey Swan lot. After the Recreation
Center lot improvement project is finished, I would recommend that we
monitor usage of the Chauncey Swan lot for a couple of months and
then report back to the Council. However, as long as 10 cents per
hour spaces are still available in the Recreation Center lot, I would
not recommend lowering the parking rates in the Chauncey Swan lot.
Because that lot is closer to the Central Business District and more
convenient to park in, a reduction in the parking rate back to 10
cents per hour would only bring the long-term parkers back to
Chauncey Swan lot and would at the same time reduce the available
parking for short-term parkers near the CBD.
tp4/1-2
1537
MICROMMED BY
JORM MICRbLAB
CEDAR RAPIDS DES Id01NE5
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MICROFILMED DY
1 JORM MICR46LAB �
CEDAR RAPIDS • DES MOINES
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MONTHLY PARKING
REVENUE
CHAUNCEY
RECREATION
SWAN LOT
CENTER LOT
1982
March
$1,884.00
$606.40
April
1,601.21
550.95
May
1,580.12
441.25
June
1,391.28
675.85
July
949.67
617.13
August
973.64*
437.29*
1981
March
$1,138.17
Not Metered
April
1,501.31
Not Metered
May
1,231.14
Not Metered
June
1,119.91
Not Metered
July
1,412.93**
Not Metered
August
1,081.54
Not Metered
*Actual
for first three weeks, with fourth
week projected.
**Includes collections for five weeks; four
weeks collections would
amount
to $1,130.34 which is more comparable to the other months.
bc4/1
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MICROFILMED DY
1 JORM MICR46LAB �
CEDAR RAPIDS • DES MOINES
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City of Iowa City
MEMORANDUM
Date: April 15, 1982
To: City Council
From: Cii ]Manager
Re: Short-term Parking Adjacent to Civic Center
In recent weeks we have received a couple of inquiries concerning
additional short-term parking for businesses located in the east end of
the business district adjacent to Gilbert Street. The Chauncey Swan
Plaza lot, because of a combination of permits and long-term parking,
generally has no short-term parking during the day. In addition,
approximately half of the old public library lot is used for long-term
parking.
It appears desirable to provide some additional short-term parking by
eliminating some of the all day meters and reducing the number of permits
in the Chauncey Swan Plaza lot and reducing the number of permit holders
in the library lot. These permit spaces and long-term meters will be
transferred to the Recreation Center lot where there is additional space
which is not being utilized.
The specific proposal is to:
I. Provide 14 2 -hour meters in the Chauncey Swan lot in place of 10 -hour
meters as of July 1, 1982.
2. Provide 14 2 -hour meters in the Old Library lot in place of 5 -hour
meters.
3. Move 32 permits (includes 18 library employees and 3 Rec Center
employees) in the Old Library lot to the Rec Center lot on May 1.
4. On July 1 eliminate 20 permits in the Chauncey Swan lot.
5. Change the hourly rate in the Chauncey Swan lot from 10¢ to 205.
This will establish a rate consistent with other central business
district short-term parking. This change should additionally
encourage long-term parkers to use the Recreation Center lot.
I bring this matter to your attention because generally a preference has
been shown by permit holders for the library and Chauncey Swan lots rather
than the Recreation Center. There probably will be some objections to the
move. However, these changes will better meet the needs of area merchants
and provide for more efficient use of City parking facilities.
We will proceed with these changes unless the Council provides contrary
instructions.
tp/sp
cc: Library Director
I
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J MICRor ILMED BY
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JORM -MIC R6LAB- -�
CEDAR RAPIDS DES MDIAES
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City of Iowa City
MEMORANDUM
Date: August 25, 1982
To: City Council
From: Don Schmeiser:-{!
Re: Revised Zoning Ordinance Draft
Enclosed with this memorandum is the revised draft of a portion of the
proposed new zoning ordinance for your review. The revised draft
incorporates the recommended provisions of the. Legal staff, the
Department of Housing & Inspection Services, and the Department of
Planning and Program Development. There are, however, a few minor
differences of opinion concerning the regulations which will be discussed
with the Council at the time of your review.
The revised draft includes only the residential zones proposed. The
commercial zones have been reviewed and are in the process of being
revised. Upon their revision, the commercial zones will be submitted to
the Council for review subsequent to review of the residential zones.
bdw2/1
Enclosure
t
MICROFILMED BY
' "JORM MICR4LAB- - -1
I CEDAR RAPIDS •DES MOI:JES
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1539,
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Sec. 1-1 Definitions.
The following definitions shall be applicable to this Chapter unless
a contrary meaning is indicated by the text. Words in the present tense
include the future tense. The singular number includes the plural and the
plural number includes the singular. The word "shall" is always
mandatory, the word "may" is permissive. Terms not herein defined shall
have the meanings customarily assigned to them.
(a) (1) Abut/abutting. Contiguous; having a boundary, wall or property
line in common.
(2) Access. The place, means or way by which pedestrians or ve-
hicles shall have ingress and egress to a property or parking
area.
(3) Accessory building/use. A building or use which: (1) is
subordinate to and serves a principal building or use; (2) is
subordinate in area, extent, or purpose to the principal
building or use served; and (3) contributes to the comfort,
convenience, or necessity of occupants of the principal
building or use.
(4) Addition. An extension or increase in floor area or height of a
building or structure.
(5) Aged. Any person who is eligible because of age to receive old
age benefits under Title II of the Social Security Act, any
amendments thereto, or any corresponding successor act.
(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.")
(7) Alley. A public way which is intended only for use as a
secondary means of vehicular access to abutting property.
(8) Alter/alteration. A structural alteration, enlargement or
remodeling of a building, or the moving of a building from one
location to another.
(9) Apartment house. A building providing apartments for rent.
(10) Auto oriented use. Any use intended or designed to provide a
service to occupants while they are within a motor vehicle, such
as drive-in financial institutions or any use related to the
sale, servicing or repair of vehicles, such as but not limited
to car washes, automobile service stations and garages,
automobile accessory sales, drive-in restaurants, service
shops, dry cleaning centers and photodeveloping drop centers.
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(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 adjoining 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 Building Official and to grant
variances and special exceptions.
(4) Boarding house. A residential building where, in addition to
lodging, meals are provided for tenants but not to the public.
(5) Build. To construct, assemble, erect, convert, enlarge,
reconstruct, or structurally alter a building or structure.
(6) Buildable area. The area remaining on a lot after the minimum
open -space requirement for yards has been met.
(7) Building. Any structure having a roof and designed or intended
for the support, enclosure, shelter or protection of persons,
animals, or property.
(8) Building, detached. A building which is not connected to
another building.
(9) Building area. See "ground area."
(10) Building coverage. The amount of land covered or permitted to
be covered by a building or buildings, usually measured in terms
of percentage of a lot.
(11) Building height. The vertical distance from the grade to the
roof line.
(12) Building line. A lines established parallel to the front lot
line in front of which no part of the principal building is
allowed to project.
(13) Building Official. The City employee designated to enforce
this Chapter.
(14) Building permit. Official certification that a proposed
improvement complies with the provisions of this chapter and
such other ordinances as may be applicable. Such a permit is
required for new construction and for alteration or additions
to existing structures prior to commencement of construction.
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(c) (1) Cellar. A portion of a building located partially or wholly
underground and having less than three -and -one-half (3h) feet
of its floor -to -ceiling height above adjoining grade. A cellar
is not counted as a story for the purpose of height and yard
regulations.
(2) Certificate of occupancy. Official certification that a
premises conforms to provisions of this Chapter and such other
ordinances as may be applicable and may be used or occupied.
Such a certificate is granted upon completion of new
construction or for alteration or additions to existing
structures.
(3) City. The City of Iowa City, Iowa.
(4) 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.
(5) 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.
(6) Conversion. Any change of one principal use to another prin-
cipal use.
(7) Council. The City Council of Iowa City, Iowa.
(8) 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) Daycare center/preschool. State licensed facilities where
children are temporarily left with attendants.
(2) 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.
(3) Density, gross. The number of dwelling units per unit area of
land (usually expressed as dwelling units per acre).
(4) 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.
(5) 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, which disability originates before such individual
attains age 18, and which constitutes a substantial impairment
expected to be long -continued and of indefinite duration.
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(6) Discontinuance. Whenever a nonconforming use is abandoned,
ceased, or, terminated.
(7) Downzoning. A change in the zoning classification of land to a
classification permitting development that is less intensive or
dense, such as from multifamily to single-family or from
commercial or industrial to residential.
(8) Drive/driveway. An asphalt, concrete or similar permanent
dust -free surface designed to provide vehicular access to a
parking area.
(9) Dwelling. A building which is wholly or partly used or intended
to be used for residential occupancy.
(10) Dwelling, duplex. A dwelling containing two (2) dwelling
units.
(11) Dwelling, farm. A dwelling located an 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.
(12) Dwelling, four-plex. A multifamily dwelling containing four
(4) dwelling units.
(13) Dwelling, high-rise multi -family. A multi -family dwelling
exceeding three (3) stories or 45 feet 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.
(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).
(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.
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(2) Elderly housing. A dwelling especially designed for use and
occupancy of any person who is aged; 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; or displaced by governmental action or natural
disaster.
(3) Enlargement. An increase in the volume of a building.
(4) Extraction. The extraction of sand, gravel, or top soil as an
industrial operation, exclusive of the process of grading a lot
preparatory to the construction of a building.
(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.
(2) Family care facility. A government licensed or approved
facility which provides resident services to six (6) or fewer
individuals who are not related to the family household. These
individuals are developmentally disabled, aged, or in need -of
adult supervision and are provided services in accordance with
their individual needs.
(3) Farm. .An area for which the -principal use is the growing for
sale of farm products suctras'vegetables, fruits, and grain and
their storing on the land. The term "farm" includes the
necessary accessory uses and buildings for treating and storing
the food produce.
(4) Feedlot. A lot, yard, corral, or other area in which livestock
are confined, primarily for the purposes of feeding and growth
prior to slaughter. The term does not include areas which are
used for the raising of crops or other vegetation and upon which
livestock are allowed to graze or feed.
(5) Filling station. Any building or premises used for the
dispensing or retail sale of motor vehicle fuel or oil. When
the dispensing or sale is incidental to the operation of a
commercial garage, the premises shall be classified as a
commercial garage.
(6) Financial institution. An establishment for the receiving,
keeping, lending of money, and the exchange of funds by checks
or notes, including banks, savings and loans, credit unions,
and similar establishments.
(7) Floor area. The total area of all floors of a building or
portion thereof measured to the outside surface of exterior
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 shall be
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included as floor area if used for a principal use permitted in
the zone in which the building is located.
(8) Floor area ratio (FAR). The numerical value obtained by
dividing the floor area within a building or buildings on a lot
by the area of such lot.
(9) Fraternity/sorority house. A building used as a residence by a
chapter of a fraternal or sororal nonprofit 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 containing not more
than four (4) parking spaces, which is under the control and use
of.the occupants of the main building. Only one (1) of the
parking spaces may be used for a vehicle of not more than three
(3) ton pay load capacity.
(3) Grade. The top surface elevation of lawns, walks, drives, or
other improved surfaces after completion of construction or
grading and landscaping. For the purposes of determining
height of a building, the grade is the average level at the
corners of the exterior walls of a building.
(4) Ground area. The area of a building within its largest outside
dimensions computed on a horizontal plane at the first floor
level, exclusive of open porches, breezeways, terraces, and
exterior stairways.
(5) Group care facility. A government licensed or approved
fgcility which provides resident services in a dwelling to more
t an six (6) individuals, but not exceeding 15 individuals.
These individuals are developmentally disabled, aged,
undergoing rehabilitation, or in need of adult supervision and
are provided services in accordance with their individual
needs.
(h) (1) Home occupation. An accessory use consisting of an occupation
or profession carried on by a person residing on the premises.
(2) Hospital. An institution providing health services for human
in-patient medical care for the sick or injured and including
related facilities such as laboratories, out-patient
facilities, emergency medical services, and staff offices which
are an integral part of the facility.
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(3) Hotel. A residential building occupied and used principally as
a temporary place of lodging. Hotels may or may not provide
meals and there are usually no cooking facilities in guest rooms
(see "hotel, apartment").
(4) Hotel, apartment. A multi -family dwelling under resident
supervision which maintains an interlobby through which all
tenants must pass to gain access to the apartments and which may
furnish services ordinarily furnished by hotels, such as a drug
store, barber shop, cosmetologist, cigar stand or newsstand,
when such uses are located entirely within the building with no
separate entrance from the street or visible from any sidewalk,
and having no sign or display visible from outside of the
building indicating the existence of such services.
(i) (1) Indoor athletic and recreational facilities. Facilities which
are completely enclosed and used primarily for .physical
exercise or culture, including courts, gyms, swimming pools,
locker and training rooms, and other related facilities. Such
facilities do not including target or shooting ranges,
amusement arcades, billiard halls and massage parlors.
(j) (1) Junk yard. An area where waste, discarded, or salvaged mater-
ials are bought, sold, exchanged, baled or packed, disassembled
or assembled, stored or handled, including the dismantling or
"wrecking" of automobiles or other vehicles or machinery,
housewrecking yard, used lumber yards and places 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 for bulk pickups and deliveries, scaled to delivery
vehicles expected to be used, and accessible to such vehicles
when required off-street parking spaces are filled.
(4) Lodging house. See "rooming house."
(5) Long term care facility. See "nursing home."
(6) Lot. A plot, tract or parcel of land in one ownership with
fixed boundaries or one or more portions of lots or record in
one ownership platted pursuant to Chapter 409 of the Code of
Iowa.
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(7) Lot, corner. A lot located at the intersection of two (2) or
more streets.
(8) Lot, double frontage. A lot having frontage on two parallel or
approximately parallel streets.
(9) Lot, interior. A lot other than a corner lot or double frontage
lot and bounded by a street on only one side.
(10) Lot, reversed corner. A corner lot, the rear of which abuts the
side of another lot.
(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, front. A lot line separating the lot from the street.
On corner lots, the front lot line is the shortest street
dimension except that if the lot is square or almost square,
i.e., has dimensions at the ratio of from 3:2 to 3:3, then the
front lot line may be along either street.
(16) Lot line, rear. The boundary opposite and most distant from the
front lot line. In the case of an irregular or 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.
(17) Lot line, side. Any lot line which meets the end of a front lot
line.
(87) Lot width. The length of the building line.
(m) (1) Motel. A residential building or buildings, usually located
along highways, occupied and used principally as a place of
lodging for transients. The term "motel" includes "motor
hotel."
(n) (1) Non -conforming building. A building or portion thereof which
does not conform to the provisions of this Chapter relative to
height or yards for the zone in which it is located by reason of
the adoption of this Chapter or subsequent amendments thereto.
(2) Nonconforming 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.
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(3) Nonconforming use. Any use that is not permitted within the
zone in which it is located by reason of the adoption of this
Chapter or subsequent amendments thereto.
(4) Nursing home. A facility operated by a proprietary or nonprofit
corporation or association and licensed or regulated by a
governmental entity for the accommodation of convalescents or
other persons -who are not in need of hospital care but who
require skilled care and/or related services.
(o) (1) Open space. That portion of the lot that is not covered by
buildings, drives, parking spaces and aisles.
(2) Open space, common. Open space the use of which is shared by
all occupants of more than one dwelling unit, as distinguished
from private open space.
(3) Open space, private., Open space used by occupants of a dwelling
unit.
(4) Overlay zone. A set of zoning requirements that is imposed in
addition to those of the underlying zone. Developments within
the overlay zone, except in the case of an OPD -H zone, must
conform to the requirements of both zones or, in the case of a
disparity, the more restrictive requirements of the two.
(5) Owner. The person who holds the fee simple or equitable title
to the property.
(p) (1) Parking area. An off-street facility intended or designed for
the parking of more than four (4) motor vehicles, including
parking spaces and aisles.
(2) Parking space. An asphalt, concrete or similar permanent dust -
free surface intended for off-street vehicular parking.
(3) Patio. A covered or uncovered surfaced outdoor living area at
grade abutting and accessible from a dwelling.
(4) Performance standard. A minimum requirement or maximum
allowable limit on the effects or characteristics of a use,
written in the form of regulatory language. Performance
standards describe allowable limit's with respect to smoke,
odor, noise, heat, vibration, glare, and so on.
(5) Person. Any individual or group of individuals, corporation,
partnership, association, or any entity, including state and
local governments and agencies.
(6) Porch. A covered entrance to a building consisting of a
platform area, with open or enclosed sides, projecting from the
wall of a building.
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(7) Premises. See "lot."
(8) Principal building. A building which contains the principal
use.
(9) Principal use. The primary use(s) of land or a structure as
distinguished from an accessory use, e.g., a house is a
principal use in a residential area; a garage or pool is an
accessory use.
(10) Projections (into yards). Parts of buildings such as archi-
tectural features which protrude into the required yard or
yards.
(11) Provisional use. A use which is permitted in the zone in which
it is listed subject to compliance with the specific
requirements mentioned.
(12) Public utility. A system which is owned and operated by the
City or by a licensed public utility company.
(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 and related facilities. 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) Replacement value. The estimated cost to replace a building in
bind based on current replacement costs.
(4) Restaurant. A business where the dispensing and the consump-
tion at indoor tables of edible foodstuff and/or beverage is the
principal business, including a cafe, cafeteria, coffee shop,
delicatessen, lunch room, tearoom, dining room, bar, cocktail
lounge or tavern. The total seating area located within the
enclosed portion of the premises is more than fifty (50) percent
of the total floor area.
(5) Restaurant, drive-in/carry-out. An auto oriented use whose
principal operation is the dispensing of edible foodstuff
and/or beverage for consumption in automobiles, at indoor or
outdoor tables, at stand-up counters or to be carried off the
premises. The total seating area, if provided, is less than
fifty (50) percent of the floor area.
(6) Rezoning. A change in land use regulations. Rezonings can take
three forms: (1) a comprehensive revision or modification of
the zoning text and map; (2) a text change in zone requirements;
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or (3) a change in the map, i.e., the zoning designation of a
particular parcel or parcels.
(7) Roof. The top covering of a building constructed to shield the
area beneath from the weather. The term "roof" includes the
term "canopy."
(8) Roof line. The highest point of the coping of a flat roof; the..
deck line of a mansard roof; and the mid -point between the eaves
and ridge of a saddle, hip, gable, gambrel or ogee roof.
(9) Roomer. An occupant of a rooming house or rooming unit who is
not a member of the family of the rooming house operator. A
roomer shall also mean an occupant of a dwelling unit who is not
a member of the family occupying the dwelling unit.
(10) Rooming house. Any dwelling, or that part of any dwelling,
containing one or more rooming units, in which space is let by
the owner or operator to three (3) or more roamers.
(11) Rooming unit. Any habitable room or group of adjoining
habitable rooms located within a dwelling and forming a single
unit with facilities which are used, or intended to be used,
primarily for living and sleeping. A rooming unit shall have
bath and toilet facilities available for exclusive use by the
occupant(s) or for communal use and, in addition, may have
kitchen and dining facilities available for use by the
occupant(s) therein.
(s) (1) 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.
(2) Setback. The line beyond which the wall of a building or
structure shall not project.
(3)• Special exception. A principal use which is allowable when the
facts and conditions specified in this Chapter as those upon
which the exception is permitted are found to exist by the Board
of Adjustment.
(4) Stacking. space. An asphalt, concrete or similar permanent dust
free surface designed to accommodate a motor vehicle waiting
for entry to an auto oriented use and located in such a way that
access to an off-street parking space is not obstructed.
(5) 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.
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(6) Street. Property dedicated or intended for primary public
vehicular access to lots or for through traffic such as limited
access highways and thoroughfares.
(7) Street, arterial. A street whose principal function is to
provide for through traffic, and designed to carry large
volumes of traffic.
(8) Street, collector. A street whose principle function is for
carrying traffic from local streets to arterial streets.
(9) Street, cul-de-sac. A local street terminating in a turn-
around.
(10) Street, local. A street used primarily for access to abutting
property.
(11) Street, private. A way, which affords principal means of access
to abutting lots, and is not owned by a government entity.
(12) 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.
(13) Structural alteration. Any change in the configuration of the
exterior walls, foundation or the roof of a building which
—" results in an increase in the area, height or volume of the
building.
(14) Sub=standard lot. See "non -conforming lot."
(15) 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, substantial improvement is
considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the building. The term does not, however, include
either (1) any project for improvement of a building to comply
with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living
conditions or (2) any alteration of a building listed on the
National Register of Historical Places or a State Inventory of
Historic Places.
(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.
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(u) (1) Upzoning. The converse of downzoning (see "downzoning").
(2) Use. The purpose or activity for which land, its buildings, or
a portion thereof is designed, occupied, or maintained.
(3) Use, principal. The primary use of land or buildings.
(4) Use, provisional. A principal use of land or buildings for
which additional standards or criteria established in this
Chapter must be met.
(v) (1) Vacation. The process by which the City discontinues the use
of a street or alley as a public way.
(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 provisionsthof this
Chapter would result in unnecessary hardship.
The ty 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.
on
of which
(4) Vehiclparkedein hestorsgame positioneforle or a period ofi48 hours or more. is
(y) (1) Yard. An area on a lot unoccupied by structures above grade
nor uses or
structuresrallprojections
such aopen nd tspace he specific under provisions of
this Chapter.
(2) Yard, front. The area across a lot between the front yard line
and the street (right of way line).
lot line
the
(3) Yard,
ine and betweenom and the reareother de
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(4) Yard, side. The area from the front yard line to the rear yard
line and from the side yard line to the side lot line.
(5) Yard slinfront. A line din parallel thito Chs ptertreet and as far back
from the tr et as require
(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) fardline, side. A from the side lot lline ne asrrequired by this Chapterallel to the se lot .ne and as
zoning
in
(z) (1) which requirements for Cthe useity of delineated n landand p
Zone. A section of the buildings and
development standards are prescribed in this Chapter.
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(2)
Zoning map. The map delineating the boundaries of zones which,
along with the zoning text, comprises the zoning ordinance.
ARTICLE II.
DIVISION 1. ZONES
Sec.
1-2.
General Agricultural Zone (AG).
(a)
Intent. It is the intent that this zone provide for the agricultural
use
of land within the City, which is most appropriately used for crops,
orchards,
and the keeping of farm animals.
(b)
Permitted uses.
(1)
Farms.
(2)
Livestock and livestock operations except confinement.
(c)
Provisional uses.
(1)
Fane dwellings provided they are developed in accordance with
the dimensional requirements of the RR -1 zone. A maximum of two
(2) roomers may reside in each farm dwelling.
(2)
Livestock feed lots subject to the requirements of Sec. 1-40,
page _.
(3)
Stables, kennels and veterinary establishments subject to the
requirements of Sec. 1-40, page _.
(d)
Special exceptions.
(1)
Airports heliports and helistops subject to the requirements of
Sec. 1-40, page _.
(2)
Commercial recreational uses.
(3)
Clubs.
(4)
Daycare centers and preschools subject to the requirements of
Sec. 1-40, page _.
(5)
Extraction subject to the requirements of Sec. 1-40, page _.
(6)
Grain elevators subject to the performance standards of Sec. 1-
64, page 140 for I-2 uses.
(7)
Communication towers subject to the requirements of Sec. 1-40,
page _.
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(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 following table:
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 - 30 ft. .
(5) Maximum building bulk:
None
(f) General provisions. All principal and accessory uses permitted
within this zone are subject to the General Provisions of Article III, the
divisions and sections of which are indicated as follows:
(1) Accessory uses. See Division 2, page 92.
a. Permitted accessory uses and buildings. See Sec. 1-41,
page 92.
b. Accessory use and building regulations. See Sec. 1-42,
page 94.
C. Off-street parking requirements. See Sec. 1-43, page 96.
d. Off-street loading requirements. See Sec. 1-44, page 108.
e. Sign regulations. See Sec. 1-45, page 109.
f. Fence regulations. See Sec. 1-49, page 127.
(2) Dimensional requirements. See Division 3, page 129.
(3) Nonconformities. See Division 4, page 133.
(4) Tree regulations. See Division 5, page 135.
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(5) Performance standards. See Division 6, page 140.
(g) Special provisions.
None.
Sec. 1-3. Rural Residential Zone (RR -1).
(a) Intent. It is intended that this zone provide for areas of a rural
residents 1 character within the City which may not have all utilities
available.
(b) Permitted uses.
(1) Detached single-family dwellings.
(2) Farms.
(c) Provisional uses.
(1) Family care facilities subject to the requirements of Sec. 1-
40, page
(2) Single family dwellings with a maximum of two (2) roomers
provided that one (1) off-street parking space per roomer shall
be furnished.
(d) Special exceptions.
(1) Clubs subject to the requirements of Sec. 1-40, page _.
(e) Dimensional requirements.
(1) Minimum lot area: 40,000 sq. ft.
(2) Minimum lot width: 80 ft.
(3) Minimum lot frontage: 45 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 - 30 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 General Provisions of Article III, the
divisions and sections of which are indicated as follows:
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Floor area ratio - None
(f) Geral provisions. A11' principal and accessory uses permitted
within this zone are subject to the General Provisions of Article III, the
divisions and sections of which are indicated as follows:
(1) Accessory uses. See Division 2, page 92.
a. Permitted accessory uses and buildings. See Sec. 1-41,
page 92.
b. Accessory use and building regulations. See Sec. 1-42,
page 94.
C. Off-street parking requirements. See Sec. 1-43, page 96.
d. Sign regulations. See Sec. 1-45, page 109.
e. Fence regulations. See Sec. 1-49, page 127.
(2) Dimensional requirements. See Division 3, page 129.
I (3) Nonconformities. See Division 4, page 133.
I
(4) Tree regulations. See Division 5, page 135.
1 (5) Performance standards. See Division 6, page 140.
(g) Special provisions.
None.
Sec. 1-4. 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 two (2)
roomers provided that an additional one (1) off-street parking
space per roomer shall be furnished.
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(2) Family care facilities subject to the requirements of Sec. 1-
40.
(e) Dimensional requirements.
(1) Minimum lot area: 8,000 sq. ft.
(2) Minimum lot width: 60 ft.
(3) Minimum lot frontage: 35 ft.
(4) Minimum yards:
Front - 20 ft.
Side - 5 ft. for the first 2 stories, plus
2 ft. for each additional story.
Rear - 25 ft.
(5) Maximum building bulk:
Height - 35 ft.
Building Coverage - 45%
Floor area ratio - none
(f) General provisions. All principal and accessary uses permitted
within�s zone are subject to the General Provisions of Article III, the
divisions and sections of which are indicated as follows:
1
(1) Accessory uses. See Division 2, page 92.
a. Permitted accessory uses and buildings. See Sec. 1-41,
page 92.
b. Accessory use and building regulations. See Sec. 1-42,
page 94.
C. Off-street parking requirements. See Sec. 1-43, page 96.
d. Sign regulations. See Sec. 1-45, page 109.
e. Fence regulations. See Sec. 1-49, page 127.
i
(2) Dimensional requirements. See Division 3, page 129.
(3) Nonconformi ties. See Division 4, page 133.
(4) Tree regulations. See Division 5, page 135.
(5) Performance standards. See Division 6, page 140.
(g) Special Provisions.
(1) If a tract of land one acre or greater in area is being
subdivided or resubdivided into lots, it may be developed at a
maximum gross density of five (5) dwelling units per acre with
minimum lot areas of 7,200 square feet and maximum lot areas of
15,000 square feet.
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(5) Performance standards. See Division 6, page 140.
(g) Special Provisions.
(1) If a tract of land one acre or greater in area is being
subdivided or resubdivided into lots, it may be developed at a
maximum gross density of five (5) dwelling units per acre with
minimum lot areas of 7,200 square feet and maximum lot areas of
15,000 square feet.
Sec. 1-5. 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) Zero lot line dwellings subject to the requirements of Sec. 1-
40, page
(2) Duplexes provided they shall be developed in accordance with
the dimensional requirements of the RM -12 Zone and that the
minimum lot area per unit is 4350 square feet.
(3) Dwellings with a maximum of two (2) roomers in each dwelling
unit provided that for single family dwellings one (1)
additional off-street parking space per roomer shall be
furnished.
(d) Special exceptions.
(1) Religious institutions and related facilities subject to the
requirements of Section 1-40.
(2) Daycare centers and preschools subject to the requirements of
Sec. 1-40.
(3) Family care facilities subject to the requirements of Sec. 1-
40.
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Side - 5 ft. for the first 2 stories plus 2 ft.
for each additional story; or for zero
lot line dwellings, one at 0 ft. and the
other(s) at 10 ft.
Rear - 20 ft.
(5) Minimum open space per dwelling unit: None
(6) Maximum building bulk:
Height - 35 ft.
Building coverage - 40%
Floor area ratio - none
(f) General provisions. All principal and accessory uses permitted
within this zone are subject to the General Provisions of Article III, the
divisions and sections of which are indicated as follows:
(1) Accessory uses. See Division 2, page 92.
a. Permitted accessory uses and buildings. See Sec. 1-41,
page 92.
b. Accessory use and building regulations. See Sec. 1-42,
page 94.
C. Off-street parking requirements. See Sec. 1-43, page 96.
d. Sign regulations. See Sec. 1-45, page 109.
e. Fence regulations. See Sec. 1-49, page 127.
(2) Dimensional requirements. See Division 3, page 129.
(3) Nonconformities. See Division 4, page 133.
(4) Tree regulations. See Division 5, page 135.
(5) Performance standards. See Division 6, page 140.
(g) Special provisions.
(1) If a tract of land one acre or greater in area is being
subdivided or resubdivided into lots, it may be developed at a
maximum gross density of 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.
Sec. 1-6. Low Density Multi -Family Residential Zone (RM -12).
(a) Intent. It is intended that this zone provide for the development of
townhouse, duplex, triplex and fourplex dwellings. This zone allows a
high density of single family residential development and a low density of
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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.
Sec. 1-6. Low Density Multi -Family Residential Zone (RM -12).
(a) Intent. It is intended that this zone provide for the development of
townhouse, duplex, triplex and fourplex dwellings. This zone allows a
high density of single family residential development and a low density of
multifamily residential development. Dwellings in this zone should have
good access to all city services and facilities, especially parks and
recreation facilities. It is expected that townhouse, duplex, triplex and
fourplex development will mostly occur near the center of the city and in
small developments near neighborhood centers and places of employment.
(b) Permitted uses.
(1) Duplex, triplex, and fourplex dwellings.
(2) Townhouses.
(c) Provisional uses.
(1) Detached single-family dwellings and zero lot line dwellings
provided they shall be developed in accordance with the
dimensional requirements of the RS -8 Zone and the requirements
of Sec. 1-40, page _.
(2) Rooming houses provided that 2725 square feet of lot area is
provided for each 330 square feet of total floor area in the
rooming house.
(3) Family care facilities subject to the requirements of Sec. 1-
40, page _.
4) Dwellings with a maximum of two (2) roomers in each dwelling
unit provided that for single family dwellings one (1)
additional off-street parking space per roomer shall be
furnished.
(d) Special exceptions.
(1) Daycare centers and preschools subject to the dimensional
requirements of the RS -5 zone and the requirements of Sec. 1-40,
page _.
(2) Funeral homes subject to the requirements of Sec. 1-40, page
(3) Religious institutions subject to the requirements of Sec. 1-
40, page _.
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per unit:
(3) Min. lot width:
(4) Min. lot frontage:
(5) Min. yards:
Front -
Side -
22
3000
sf
2750
sf
2725 2725
20
ft
60
ft
70 ft 80 ft
20
ft
35
ft
40 ft 45 ft
20 ft 20 ft 20 ft 20 ft
0 ft or 1 @ 5 ft for the first 2 stories
0 ft and the plus 2 ft for each additional
other @ 10 ft story'
Rear - 20 ft 30 ft 30 ft 30 ft
(6) Max. building bulk:
Height - 35 ft 35 ft 35 ft 35 ft
Building coverage - 50% 50% 50% 50%
Floor area ratio*- None None None None
(f) General provisions. All principal and accessory uses permitted
within this zone are subject to the General Provisions of Article III, the
divisions and sections of which are indicated as follows:
(1) Accessory uses. See Division 2, page 92.
a. Permitted accessory uses and buildings. See Sec. 1-41,
page 92.
b. Accessory use and building regulations. See Sec. 1-42,
page 94.
C. Off-street parking requirements. See Sec. 1-43, page 96.
d. Sign regulations. See Sec. 1-45, page 109.
e. Fence regulations. See Sec. 1-49, page 127.
(2) Dimensional requirements. See Division 3, page -129.
(3) Nonconformities. See Division 4, page 133.
(4) Tree regulations. See Division 5, page 135.
(5) Performance standards. See Division 6, page 140.
(g) Special provisions.
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(3) Nonconformi ties. See Division 4, page 133.
(4) Tree regulations. See Division 5, page 135.
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(5) Performance standards. See Division 6, page 140.
(g) Special provisions.
None.
I
Sec. 1-7. Medium Density Multi -Family Residential Zone (RM -20)
(a) Intent. It is the purpose of this zone to provide for the
development of medium density multi -family housing in areas suitable for
this density and to serve a market demand for this type of housing. This
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.
(2) Fraternity/sorority houses.
(c) Provisional uses.
J
(1) Townhouses and duplexes provided they are developed in
accordance with the dimensional requirements of the RM -12 Zone
and have a minimum lot area per unit of 1800 square feet.
s (2) Family care facilities subject to the requirements of Sec. 1-
40.
(3) Nursing homes subject to the requirements of Sec. 1-40.
(4) Religious institutions and related facilities subject to the
requirements of Sec. 1-40.
(5) Single family dwellings, except zero lot line dwellings,
subject to the dimensional requirements of the
zone.
i
(6) Rooming houses provided that 1,800 square feet of lot area is
provided for each 330 square feet of total floor area in the
rooming house.
(7) Dwellings with a maximum of two (2) roomers in each dwelling
unit provided that for single family dwellings one (1)
additional off-street parking space per roomer shall be
furnished.
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(e) Dimensional requirements.
(1) Minimum lot area: 7200 sq. ft.
(2) Minimum lot area
per unit: 1,800 sq. ft.
(3) Minimum lot width: 60 ft.
(4) Minimum lot frontage: 35 ft.
(5) Minimum yards:
Front - 20 ft.
Side - 5 ft. for the first 2 stories plus
2 ft. for each additional story
Rear - 30 ft.
(6) Maximum building bulk:
Height - 35 ft.
Building coverage - 45%
Floor area ratio - None
(f) General provisions. All principal and accessory uses permitted
within this zone are subject to the General Provisions of Article III, the
divisions and sections of which are indicated as follows:
(1) Accessory uses. See Division 2, page 92.
a. Permitted accessory uses and buildings. See Sec. 1-41,
page 92.
b. Accessory use and building regulations. See Sec. 1-42,
page 94.
C. Off-street parking requirements. See Sec. 1-43, page 96.
d. Sign regulations. See Sec. 1-45, page 109.
e. Fence regulations. See Sec. 1-49, page 127.
(2) Dimensional requirements. See Division 3, page 129.
(3) Nonconformities. See Division 4, page 133.
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C. Off-street parking requirements. See Sec. 1-43, page 96.
d. Sign regulations. See Sec. 1-45, page 109.
e. Fence regulations. See Sec. 1-49, page 127.
(2) Dimensional requirements. See Division 3, page 129.
(3) Nonconformities. See Division 4, page 133.
(4) Tree regulations. See Division 5, page 135.
(5) Performance standards. See Division 6, page 140.
(g) Special provisions.
None.
Sec. 1-8. High Density Multi -Family Residential Zone (RM -44).
(a) Intent. It is -intended that this zone establish areas for the
developaent of high density multifamily dwellings and group living
quarters. Within this zone a mix of uses is encouraged. Additionally, it
is intended that this zone be located near an arterial street for proper
access. Due to the variety of uses permitted. within the zone, careful
attention to site design and development is required to assure that all
uses are mutually compatible.
(b) Permitted uses.
(1) Multifamily dwellings.
(2) Fraternity/sorority houses.
(3) Dwellings with a maximum of two (2) roomers residing in each
dwelling unit.
(c) Provisional uses.
(1) Townhouses provided that they are developed in accordance with
the dimensional requirements of the RM -12 zone.
(2) Group care facilities subject to the requirements of Sec. 1-40.
(3) Family care facilities subject to the requirements of Sec. 1-
40.
(4) Nursing homes subject to the requirements of Sec. 1-40.
(5) Religious institutions and related facilities subject to the
requirements of Sec. 1-40.
(6) Rooming houses provided that 1000 square feet of lot area shall
be provided for each 330 square feet of total floor area in the
rooming house.
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(1) Minimum lot area:
(2) Minimum lot area per unit:
(3) Minimum lot width:
(4) Minimum lot frontage:
(5) Minimum yards:
Front -
Side -
Rear -
(6) Maximum building bulk:
Height -
Building coverage -
Floor area ratio -
None.
1,000 sq. ft.
None.
35 ft.
20 ft.
5 ft for the first 2 stories
plus 2 ft. for each additional
story
20 ft.
35 ft.
40%
None
(f) Generalprovisions. All principal and accessory uses permitted
within
this s zone are subject to the General Provisions of Article III, the
divisions and sections of which are indicated as follows:
(1) Accessory uses. See Division 2, page 92.
a. Permitted accessory uses and buildings. See Sec. 1-41,
page 92.
b. Accessory use and building regulations. See Sec. 1-42,
page 94.
C. Off-street parking requirements. See Sec. 1-43, page 96.
d. Sign regulations. See Sec. 1-45, page 109.
e. Fence regulations. See Sec. 1-49, page 127.
(2) Dimensional requirements. See Division 3, page 129.
(3) Nonconformities. See Division 4, page 133.
(4) Tree regulations. See Division 5, page 135.
1
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(5) Performance standards. See Division 6, page 140.
(g) Special provisions.
None.
Sec. 1-9. High Rise Multi -Family Residential Zone (RM -80).
(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) Principal uses.
(1) High-rise multifamily dwellings.
(c) Provisional uses.
(1) Low-rise multi -family dwellings provided they are developed in
accordance with the dimensional requirements of the RM -44 Zone.
(2) Fraternity/sorority houses provided they are developed in
accordance with the dimensional requirements of the RM -44 Zone.
(3) Rooming houses provided that 1000 square feet of lot area shall
be provided for each 330 square feet of total lot area in the
rooming house.
(4) 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 multifamily dwelling.
(d) Special exceptions.
(1) Restaurants.
(2) Daycare centers and preschools.
(3) Clubs.
(4) Religious institutions and related facilities.
(e) Dimensional requirements.
1538
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(1) Minimum lot area: None.
(2) Minimum lot area
per unit: 1 550 sq. ft.
(3) Minimum lot width: None.
(4) Minimum lot frontage: None.
(5) Minimum yards:
Front - None.
Side - 0 feet for walls without windows
facing the side yard or 5 feet for
the first two stories plus 1 foot
for each additional story.
Rear - None.
(6) Minimum open space
per dwelling unit: None
(7) Maximum building bulk:
Height - None.
Building coverage - None
Floor area ratio - None.
(f) GeneralProvisions. All
_T principal and accessary uses permitted
within this zone are subject to the General Provisions of Article III, the
divisions and sections of which are indicated as follows:
(1) Accessory uses. See Division 2, page 92.
a. Permitted accessory uses and buildings. See Sec. 1-41,
page 92.
b. Accessory uses and building regulations. See Sec. 1-42,
page 94.
C. Off-street parking requirements. See Sec. 1-43, page 96.
1
d. Off-street loading requirements. See Sec. 1-44, page 108.
e. Sign regulations. See Sec. 1-45, page 109.
f. Fence regulations. See Sec. 1-49, page 127.
(2) Dimensional requirements. See Division 3, page 129.
(3) Nonconformities. See Division 4, page 133.
(4) Tree regulations. See Division 5, page 135,
1.53 op
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(5) Performance standards. See Division 6, page 140.
(g) Special provisions.
(1) Except along boundaries where abutting zones permit buildings
higher than 35 feet, no portion of any building in the RM -80
zone shall project through an imaginary plane leaning inward
from 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
yards or parking areas, the open space may be included in
meeting the horizontal distance requirement.
Sec. 1-10. Mobile Home Residential (RMH) Zone.
(a) Intent. The Mobile Home Residential (RMH) Zone is designed to permit
the 1pc�on and development of mobile homes and similar residences, which
would 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) Principal uses.
(1) Mobile homes.
I
(2) Modular homes.
(c) Provisional uses.
(1) Mobile home parks subject to the provisions of Chapter 22 of the
Code of Ordinances, "Mobile Homes and Mobile Home Parks."
(d) Special exceptions.
(1) Religious institutions andrelated facilities subject to the
requirements of Sec. 1-
(2) Daycare centers and preschools subject to the requirements of
Sec. 1-
(3) Recreational vehicle storage.
(e) Dimensional requirements.
(1) Minimum lot area: 4,000 sq. ft.
(2) Minimum lot area
per unit: 4,000 sq, ft.
1,53'
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Iowa Qtyl§ City"'
Bicycle `Pool
saving gas at City Hall
by Jeff Davidson
The bicycle is an important mode of trans-
portation in Iowa Cry; the town is small
enough (population 50,0001 that virtually
everyplace is easily accessible by bike. The
University of Iowa is centrally located, and
many students, faculty, and staff commute
by bicycle; during peak class hours most of
the main campus bike racks are filled to
capacity.
This is the second year for our employee
bike program at Cry Hall.' The idea behind
it is fairly simple: the City maintains a Fleet of
cars and pickup trucks for use by City
employees. An employee who needs to go
somewhere checks out a set of keys to the
vehicle needed. The appropriate depart-
ment is then charged for the vehicle's use.
Our Energy Conservation Coordinator
(rhymes with Bicycle Coordinator—Eds.)
estimates that the cost of operating a City
vehicle is a hefty 26¢ per mile. Not only is
cost a factor, but there have been shortages
of vehicles during certain times of the day.
The idea behind the bike program is that
some employee trips can be made by bicy-
cle; this not only saves the City money, but
helps alleviate the motor vehicle shortage as
well.
Problems and Solutions
We began the bike pool program last year,
and as might be expected encountered
several problems along the way. This year
we used that experience to Improve the pro-
gram. First was the bikes themselves; we
needed a greatervariery. Some people don't
like derailleur gears, or "racing" saddles
and handlebars, and women wearing skirts
don't like to use diamond (men's) frames.
This year the Police Department lel us
choose from their collection of impounded,
unclaimed bikes prior to the annual auction.
From the selection of over 200, we were
able to pick seven very nice bikes in various
models, frame sizes and styles, and speeds.
They were then taken to a local bike shop
and given a thorough tune-up, (This aver-
aged S17 per bike, which will be recouped
from saved vehicle operating costs.)
In setting up the bike check-out procedure,
we made it as convenient as possible. The
bikes are parked at a rack in the same area as
,The Johnson County Council of Governments
does transportation planning for the entire coun.
ty, including Iowa City. Since that is the biggest
municipality that belongs to JCCOG, our offices
are pan of the City Planning Department, and
we're essentially City employees.
the other City vehicles, and the bike lock
keys are kept at the same desk as the other
vehicle keys. We ask bike users to provide
us with the date, their name, destination,
and estimated mileage; this information
determines how much the bikes are used,
and we can calculate how much money the
City saves. Besides being convenient for
regular bike users, we hope that this
arrangement may persuade a non -cyclist,
originally intending to check out a car, to try
taking bike. Wealso have a phone number
posted on the checkout board which people
can call to report mechanical problems with
the bikes.
The final step in establishing the program
was publicity. This was a problem last year:
the bikes were there to use but nobody
knew about them. This year, we sent
memos to all department heads, got an arti-
cle printed in the City's Energy Saver news-
letter, and prepared a press release for the
general media. Our efforts received good
coverage.
This year, the bikes received fair usage, with
an average of about four trips per week and
around two miles per trip. (This statistic is
slightly misleading. If it rained or was 90
degrees all week, the bikes weren't used; on
a sunny, 70degree day, they would be used
for several trips.) We developed a core
group of six or seven users, in part because it
was mid -lune before the bikes were ready to
roll. In Iowa, the ideal months for cycling are
April, May, June, September, and October;
while it's certainly possible to ride during
the rest of the year, it is frequently too hot or
cold for comfort. Next year we'll get things
set up in April so that people can take advan-
tage of the good cycling months.
Establishing your own bike pool
1. Determine demand. Find out if people
will use bicycles for some of their trips. This
can be done with a survey, or by just asking
around.
2. justify the program. Specifically, to the
authorities that will be approving its fund-
ing. (In our case, this was the City Manager.)
The potential cost savings, plus the freeing -
up of other City vehicles, was more than
enough justification for us to begin the pro.
gram.
3. Select the bikes. For a city government,
using impounded and unclaimed bikes from
the Police Department is very helpful. If this
Isn't practical, the few hundred dollars of
capital investment necessary to buy a few
Bicycle Forum 8
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(with kiddy seat) is privately owned, the sign
notwithstanding. (Be 0)
Pat Westercamp,
City GraphicArtist, on her way. Jeff Davidson
photos.
bikes is a pittance when compared to the
cost of a new motor vehicle. Remember to
get a wide variety of styles, models, sizes,
and speeds, and make sure they are in good
shape.
4. Setup the system. Make it as convenient
as possible to use the bikes—as convenient
as it is to use the motorized vehicles. Other-
wise, you will never encourage a non -user
to try the bikes. Make sure there is a program
of routine maintenance (chain oiling, etc.),
and havesomeone that bicyclistscan notify if
they experience any mechanical problems.
S. Publicize the program. This is important
for two reasons; to make employees aware
of it, and it's good public relations. News
bulletins, press releases, and office memos
are all effective.
6. Monitor use. You'll need to know if the
bikes are living up to your expectations; it
will be handy to have precise statisticswhen
the time comes to request additional funds
to maintain or expand the fleet. You'll be
able to present figures showing that the
bikes have saved X amount of money in
vehicle operating costs, and therefore
deserve to receive additional funding, BF
Jeff Davidson is the Assistant Transportation
Planner for the Johnson County, Iowa Coun-
cil of Governments; he is a regular user of the
bike pool, s
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