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Home My WebLink About1982-09-28 Ordinancer L' ORDINANCE NO. 82-3080 ORDINANCE AMENDING SECTIONS 8.10.3, 8.10.4, 8.10.19, 8.10.24 AND 8.10.26A OF THE ZONING ORDINANCE OF THE CODE OF ORDINANCES, AND ADDING SECTION 8.10.10.1 TO THE ZONING ORDINANCE OF THE CODE OF ORDINANCES. SECTION I. PURPOSE. The purpose of this amendment is to amend the Zoning Ordinance to provide a residential zone for manufactured housing. SECTION II. AMENDMENT. The Zoning Ordinance of the Code of Ordinances is hereby amended by the following: A. Section 8.10.3 of the Zoning Ordinance is hereby amended by adding the following: 53a. Manufactured Housing. Includes mobile and modular homes as herein defined. 53b. Mobile Home. A single family dwelling unit, built on a chassis, suitable for year-round occupancy and containing water supply, waste disposal, heating and electrical conveniences excluding recreational vehicles. 53c. Manufactured Housing Park. A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. 53d. Modular Home. Any single family dwelling unit which is manufactured in whole or in components at a place other than the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home. B. Section 8.10.4 of the Zoning Ordinance is hereby amended by adding the fallowing: 111CRO ILnED 61' 1 JORM MIC ROLAB 1 CEDAR RAPIDS • DES td01NCS I lb -63 F, Ort nce No. 82-3080 Page 2 RMH - Residential Manufactured Housing C. The Zoning Ordinance is hereby amended by adding the following: 8.10.10.1 RMH Zone Use Regulations. Premises in the RMH Residential Manufactured Housing Zone shall be used for the following purposes only: 1. Manufactured housing, provided, however, that not more than two persons not members of the family may room in such premises. 2. Churches. 3. Golf courses and country clubs except miniature courses or driving tees. 4. Nurseries, pre -kindergartens, and other private or special schools where at least 100 square feet of open play space is provided for each child enrolled. 5. Family care facilities. 6. Farms, truck gardens and nurseries. 0. 'Section 8.10.19 of the Zoning Ordinance is hereby amended by deleting Trailer Camps as a use, and by deleting the following specific conditions: "1. All inhabited trailers in the City shall be located in a trailer camp. 2. Trailer camps shall provide 3000 square feet of land area for each trailer. 3. At least 20 feet shall be maintained between trailers. 4. All trailers must front on a paved road having not less than 12 feet of clear, unob- structed roadway at all times. E. Section 8.10.24 of the Zoning Ordinance is hereby amended by adding the following: F. The minimum zone area for an RMH zone shall be not less than 10 acres. F. Section 8.10.26A of the Zoning Ordinance is hereby amended by adding the following: 8. In the RMH zone, pursuant to the require- ments of Chapter 22 of the Code of Ordinances: 1&5_� MICROFILMED BY JORM MICR6LAB 1 i I CEDAR RAPIDS • DES MOINES r Ort. .ante No. 82-3080 Page 3 (a) Management office. (b) Manufactured housing sales. (c) Equipment and materials storage. (d) Tenant storage. (e) Laundry facilities. (f) Swimming pools. (g) Tennis courts. (h) Recreation buildings/club houses. (i) Parking areas. (j) Garages. (k) Single family residence of owner or manager. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. I SECTION IV. SEVERABILITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after -77777n -al passage, approval and ipublication as required by law. Passed and approved this 28th day of September , 1982. c. YO�jj, ATTEST: e U JJ CITY CLERK Rscolved & 40160e 1 i b�l+�d D.p.dmenl i 165--3 MICROFILMED BY J JORM MICR6LAB -- � CEDAR RAPIDS DES Id01Y[S I r Balmer and seconded by Perrot It was moved by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration August 3, 1982 Vote for passage: Ayes: Lynch, McDonald, Neuhauser, Perret, Erdah��ckson Moved by Perre,edb Second consideration August 17, 1982 la,Perret, Balmer, Dickson, passage: n Lynch. Nays: None Absent: Neuhauser, Erdahl. Date published October 6, 1982 FtICROCl LI4CD BY ' "-JORMMICR6LA8- CEDAR RAPIDS DES I401NES I 1�s3 I STAFF REPORT To: Planning and Zoning Commission By: Bruce Knight Item: Z-8205 to Z-8213. Date: August 19, 1982 GENERAL INFORMATION Applicant: CITY INITIATED Proposed action: Rezoning of nine existing mobile home parks to residential manufactured housing (RMH). Purpose: To implement new residential zoning for manufactured housing uses. SITE SPECIFIC INFORMATION 1. Z-8205. Thatcher Mobile Home Park Owner: Charles Thatcher 2254 S. Riverside Drive. Iowa City, IA 52240 Location: 2254 S. Riverside Dr. Size: 16 acres Comprehensive Plan: Manufacturing Existing land use and zoning: Manufactured housing and Cl Surrounding land use and zoning: North - manufactured housing and Cl East - Iowa River South - undeveloped and M2 West - single family residential and RIA 2. Z-8206. Forest View Trailer Court Owner: Ken Albrecht 1722 Stephens Drive Iowa City, IA 52240 Location: North end of Laura Drive Size: 15.6 acres Comprehensive Plan: 16-24 dwelling units per acre Existing land use and zoning: Manufactured housing and R1A MICROFILMED BY JORM MICREILAS i + CEDAR RAPIDS • DES 1401NES 1 I I 1 a_ r 2 Surrounding land use and zoning: North - Interstate 80 East - single family residential and R1A South - multi -family residential and R3A; undeveloped and R1A West - undeveloped and RIA 3. Z-8207. Hawkeye Mobile Home Court Owner: Peter & Patricia VanGerpen 1546 Prairie du Chien Rd. Iowa City, IA 52240 Location: 1705 Prairie du Chien Rd. Size: 2.46 acres Comprehensive Plan: 2-8 dwelling units per acre Existing land use and zoning: Manufactured Housing and R1A Surrounding land use and zoning: North - single family residential and R1A East - single family residential and R1A South - single family residential and R1A West - undeveloped and R1A 4. Z-8208. Larsen's Trailer Court Owner: Glen Larsen 197 Holiday Court North Liberty, IA 52317 Location: 1515 Prairie du Chien Rd. Size: 0.97 acre i Comprehensive Plan- 2-8 dwelling units per acre 1 Existing land use and zoning: Manufactured Housing and R1A Surrounding land use and zoning: North - single family residential and R1A East - single family residential and RIA South - single family residential and RIB West - undeveloped and RIB 1• iuc Ror ILMED By i I JORM MIC RbLAB � CEDAR RAPIDS DCS MOINES I _ J 1 r 5. A-8209. Iowa City Trailer Park Owner: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: 6. Z-8210. Towncrest Mobile Home Park Owner: Location: j Size: Comprehensive Plan: I Existing land use and zoning: Surrounding land use and zoning: i 7. Z-8211. Hilltop Mobile Home Park Owner: Location: Detlef & Ellen Schellin 735 Juniper Iowa City, IA 52240 1225 S. Riverside Dr. 2.46 acres General Commercial Manufactured Housing and C2 North - multi -family residential, commercial and Cl East - City park land South - undeveloped (Iowa City Airport) and RIA West - undeveloped (Iowa City Airport) and RIA Towncrest Mobile Home Court & Sales 2312 Muscatine Ave. Iowa City, IA 52240 2312 Muscatine Ave. 7.98 acres 16-24 dwelling units per acre Manufactured Housing and C2 North - single family residential and R18 East - multi -family residential and R3A, cemetery and R18 South - commercial and C2 West - commercial and CH Archie Kodros 1960 Waterfront Drive Iowa City, IA 52240 1960 Waterfront Drive YICROERMED DY JORM MICR46LAB CEDAR NN'IDS • DES MOWS i &'5Y1 It r - •, 4 Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: g Z 8212 Bon AireMobile Home Lodae Owner: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: g. 7.-8213. Baculis Mobile Home Park Owner: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: 15.88 acres 16-24 dwelling units per acre Manufactured Housing and C2 North - Commercial and C2, undeveloped and M1, C2 East - undeveloped and C2 South - undeveloped and RlA undeveloped West - undeveloped and M1, and RlA Thomas Alberhasky 1613 E. College Iowa City, IA 52240 South of Highway 6, east of Lakeside Drive, and lm'ts north and west of the Iowa City corp 62.11 acres 8-16 dwelling units per acre Manufactured Housing and C2 - commercial and C2, North manufacturing and Ml East - undeveloped and County RS South _ uundeveloed and ndeveloped and R3Anty RS West David Baculis 2128 S. Riverside Drive Iowa City, IA 52240 2128 S. Riverside Dr. 20.88 acres Manufacturing Manufactured Housing and Cl North - commercial and M1 East - Iowa River n ICROEIUIED BY I JORM MIC RbLA6 I CEDAR RAPIDS DES I40IAES I 1 J I0 L”. South - Manufactured Housing and Cl West - industrial and M2 ANALYSIS The Planning and Zoning Commission, at a regular meeting held December 17, 1981, recommended by a 7-0 vote approval of an ordinance which, upon adoption, will delete mobile homes as a permitted use in commercial zones and establish a new zone for manufactured housing uses entitled "Residential -Manufactured Housing" (RMH). If adopted by City Council, this ordinance will make all existing mobile home parks in Iowa City, which are zoned other than RMH, nonconforming. Currently, three of the nine existing mobile home parks are non -conforming because they are zoned R1A. The remaining six are now zoned Commercial and would be non -conforming upon adoption of the RMH zone, unless they are rezoned to RMH. Prior to rezoning any of the existing parks, the following three factors should be considered: 1. The Co rehensive Plan's Recommended Land Use - The Comprehensive Plan states that two residential dens ties are suitable for mobile home parks and subdivisions: 8-16 dwelling units per acre or 16-24 dwelling units per acre. Four of the nine existing mobile home parks are shown in one of those two :categories on the Comprehensive Plan map. Rezoning of the other five existing parks would require an amendment tthe Comprehensive Plan. This could be considered now, or in conjunction with the Comprehensive Plan update. Another alternative may be to leave the park nonconforming to encourage redevelopment to a different but conforming use in the future. 2. The Surroundina and Use And Zoning - This factor is a concern in terms of c o mp ; tabiTJty with the proposed RMH use. If the surrounding area is primarily single family residential, the higher density of a RMH zone may not be appropriate. Also, if the dominant land use is commercial, then a residential land use may not be appropriate. 3. Whether Or Nat The Park Would Be Conforming Under The Provisions Of The New RMH Zone -The existingTmobile home parks should have little difficulty meeting the requirements of the RMH zone. However, four of the parks are smaller than the required minimum zone area of 10 acres. Therefore„if adjoining land use is not suitable for RMH zoning, it is unlikely that those parks would ever have a conforming area size. The following is an individual analysis of each existing mobile home park and a recommendation for action. Z-8205. Thatcher Mobile Home Park: Thatcher Mobile Home Park is located south of Baculis Mobile Home Park, between the Iowa River and Highway 218. It contains 54 units on a sixteen acre site giving it a very low density of approximately three dwelling units per acre. The Comprehensive Plan land use designation for this area is manufacturing. Therefore, if the park were to be rezoned RMH at this time, it would require an amendment to the plan. Other than Baculis Mobile Home Park, the surrounding land use is predominantly of an industrial/commercial nature, although an area of RiA zoning with one single family home does exist along the park's western boundary. ntcaonuatn nv JORM MICROLAB CEDAR RAPIDS • DCS MOVIES /�s� 7 J r C This land use pattern, along with the isolation of this residential area from public facilities, raises the question of whether or not this area provides the best location for encouraging a residential use. This is a question which would be best answered as part of the Comprehensive Plan update process. If rezoned, the park could meet all the provisions of the proposed RMH zone. STAFF RECOMMENDATION Because an amendment to the Comprehensive Plan would be required, staff recommends that the zoning in this park remain status quo pending completion of the Comprehensive Plan update. 2. Z-8206. Forest View Trailer Court: Forest View Trailer Court is located at the north end of Laura Drive, due south of I-80. It contains approximately 160 units on a 15.6 acre tract for a density of approximately 10 units per acre. The Comprehensive Plan recommends a residential density of 16=24 dwelling units per acre for this area. The surrounding land is predominantly undeveloped, with some single family residential development in the area. The existing zoning, both surrounding and for this tract, is RIA, making the park non -conforming. If rezoned, the park could conform with all of the requirements of the proposed RMH zone. STAFF RECOMMENDATION The staff recommends, pursuant to the recommendation of the Comprehensive Plan, that this park be rezoned from RIA to RMH. 3. Z-8207. Hawkeye Mobile Home Court: Hawkeye Mobile Home Court is located north of St. Ann's Drive on Prairie du Chien Road. It contains approximately 10 units on a 2.46 acre tract for a density of approximately 4 dwelling units per acre. The Comprehensive Plan recommends a residential density of 2-8 dwelling units per acre for this area. While the existing development density conforms to the Comprehensive Plan, rezoning to RMH would allow development at a higher density. Therefore, a rezoning to RMH would require an amendment to the Comprehensive Plan. The surrounding land use is made up entirely of single family residential development (except to the west which is undeveloped) and the entire area, including the park, is zoned R1A. The park is therefore presently nonconforming. Given the terrain in this vicinity, it does not appear that adjoining lands would be suitable for RMH zoning. Therefore, it is unlikely that the 10 acre minimum zone area could ever be met. STAFF RECOMMENDATION Because RMH zoning is contrary to the recommendation of the Comprehensive Plan for this park, and because a 10 acre zone area could never be established in this area, staff recommends that this park not be rezoned to RMH. 4. Z-8208. Larsen's Trailer Camp: Larsen's Trailer Camp is located north of vacated Virginia Drive right-of-way along Prairie du Chien Road. It contains approximately 10 units on a 0.97 acre tract for a density of approximately 10 dwelling units per acre. The ' MICROFILMED 67 JORM MICRdLAeI CEDAR RAPIDS • DES MOINES i l�s# J r L Comprehensive Plan recommends a single family residential density of 2-8 dwelling units per acre for this area. Therefore, a rezoning to RMH would require an amendment to the Comprehensive Plan. The surrounding land use is dominated by single family residential development and both the park and all surrounding land are zoned R1A. The topography and availability of surrounding land would not promote further development under RMH zoning. Therefore, it is unlikely that the 10 acre minimum zone area could ever be met at this location. STAFF RECOMMENDATION Because the rezoning of this park is contrary to the recommendation of the Comprehensive Plan and the 10 acre minimum zone area could not be met, staff recommends that this park not be rezoned RMH. 5. Z-8209. Iowa City Trailer Park: The Iowa City Trailer Park is located south of Ernest Street along Highway 218. It contains approximately 40 units on a 2.46 acre tract for a density of approximately 16 dwelling units per acre. The Comprehensive Plan recommends a general commercial land use for this area. Therefore, a rezoning to RMH would require an amendment to the Comprehensive Plan. A mixed land use currently exists in this area, including some commercial development and some multi -family residential development., Undeveloped lands to the south and west are owned by the Iowa City Airport. It does not appear likely that a 10 acre area of RMH zoning could be provided in this area because the adjoining land is either fully developed or owned by Iowa City. Further, due to the vicinity of the Airport, it is questionable whether residential development should be encouraged in this area. Multi -family residential development does, however, exist directly to the north of this tract. Therefore, pending completion of the Comprehensive Plan update, any proposed zoning changes in this area should be deferred. STAFF RECOMMENDATION Staff recommends that no zoning changes be made in this area at this time. 6. Z-8210. Towncrest Mobile Home Park: The Towncrest Mobile Home Park is located east of First Avenue along Muscatine Avenue. It contains approximately 64 units on a 7.98 acre tract for a dwelling unit density of approximately 8 dwelling units per acre. The Comprehensive Plan recommends a residential density of 16-24 dwelling units per acre for this tract. Therefore, a rezoning to RMH would conform with the recommendation of the Comprehensive Plan. However, because the surrounding land is entirely developed, a minimum RMH zone area of ten acres could never be met for this park. Since this is the case, it may be appropriate to rezone this park conforming (RMH) in the short run, and to encourage redevelopment in the long run. The potential for redevelopment should be analyzed as part of the long range development plan currently being prepared. STAFF RECOMMENDATION Staff recommends that, pursuant to the recommendation of the Comprehensive Plan, this park be rezoned to RMH. MICsor ILMEn B JORM MIC ROLAB ceona mnrlos • UES !d01:1ES. G r L. Z-8211. Hilltop Mobile Home Park: Hilltop Mobile Home Park is located south of Southgate Avenue along Sand Road. It contains approximately 150 units on a 15.3 acre site for a density of approximately 10 dwelling units per acre. The Comprehensive Plan recommends a residential density of 16-24 dwelling units per acre for this site. Therefore, rezoning to RMH would conform to the Comprehensive Plan. The surrounding land area is predominantly undeveloped and is zoned M1, C2 and RIA. The mobile home park itself is zoned C2. This park appears to provide a suitable location for RMH zoning, and opportunity for expansion of the zone appears to exist to the south. STAFF RECOMMENDATION Staff recommends that this park be rezoned to RMH. 8. Z-8212. Bon Aire Mobile Home Lodge: Bon Aire Mobile Home Lodge is located east of Lakeside Drive on U.S. Hwy. 6. It contains approximately 420 units on a 62.11 acre tract for a density of approximately 7 units per acre. The Comprehensive Plan recommends a residential density of 8-16 dwelling units per acre for this site. Therefore, a rezoning to RMH would be in conformance with the recommendation of the Comprehensive Plan. However, it should be noted that commercial development has begun along the strip of ground between the mobile home units in the park, and Hwy. 6. This raises the question of whether residential zoning, as is recommended by the Comprehensive Plan, is still appropriate for this strip of ground. This question should be dealt with in the Comprehensive Plan update. The surrounding land use and zoning is predominantly residential and therefore this park appears to be in a suitable location for RMH zoning. If the park were rezoned to RMH, it could meet all provisions of the RMH zone. STAFF RECOMMENDATION Staff recommends that all land owned by Bon Aire Mobile Home Lodge, excluding the 300 foot deep strip of land fronting on Highway 6, be rezoned to RMH. The appropriate zoning for this strip of land should be established as part of the Comprehensive Plan update. 9. Z-8213. Baculis Mobile Home Park: Baculis Mobile Home Park is located north of Thatcher Mobile Home Park, between Highway 218 and the Iowa River, and south of Commercial Drive. It contains approximately 140 units on a 20.88 acre site for a density of approximately 7 dwelling units per acre. The Comprehensive Plan recommends a land use of manufacturing for this site. Therefore, a rezoning to RMH would require an amendment to the Comprehensive Plan. The surrounding land use is dominated by industrial/commercial uses, raising the question of whether or not this is an appropriate location for a residential use. This question should be dealt with as part of the Comprehensive Plan update. If the park were to be rezoned to RMH, it could meet all requirements of the RMH zone. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS DES 1401NES leg?l 1 J fr P1 STAFF RECOMMENDATION Because an amendment to the Comprehensive Plan would be required, staff recommends that the zoning in this park remain status quo pending completion of the Comprehensive Plan update. ACCOMPANIMENTS None ATTACHMENTS 1. Location map r\Y—\ (1 r Approved by: Department\of Planning Program Oev lopment MICRDEILMED BY I� JORM MIC RdLA8 - , 7 CEDAR RAPIDS DES I40INES I i1xATiON MaP IDwACir� HWUFACTU90D�{oUbINGU S L fr w� - ,. Name TO: CITY or WAR caY Civic cants Iowa City,room sub TO NbOX It My 9M==: esus. R. Aibati7sky, the psment owner of Ban -Aire anile Same Iadge, Ion: received by card N ed MKU mI I of two IstTm scan Bma A. ]might, . plaonar B= the City of Iowa City. O*im of the oxzesj I am, dated Asgest 6 and 13, 1982, are attached. Mr. Albsdlrky and SW Anse Mobile SOME Iadge, Inc. anaei.Linllr object to any dvssp is rating s rsl1. as incIrsiat of the real stab is azoic designated s HE 9a pspons of this ratio. is to advise all oonaar 4 of the oww's abjection to this Waosdrm and the bo prtposaLs. .. Do= this 17th dry of Am.mt, 1982. Wi-An E MSIIE sm rI -, RC. and 'BOM R. ATZENIA N Remmat, Summ,j Dokmm i BAYFS 122 South Limf SUM Maws City, m 52240 (319) 338-9222 9 d AUG 1 ? 1982 ABB1E STOLFU� ClTy CLERK •�K // s' 1 111CRNILMED 81' L I JORM MICR6LAB J I j CEDAR RAPIDS • DES 4101YES I 1 i CITY OF IOWA CITY CHIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5= August 6, 1982 Thomas Alberhasky 1613 E. College Iowa City, Iowa 52240 Dear Mr. Alberhasky: The Iowa City City Council is currently considering adoption of a proposed new zone for mobile homes titled "Residential Manufactured Housing" (RMH). This zone will replace the use of commercial zoning for mobile home parks in Iowa City. Therefore, the Planning and --Zoning Commission will review each mobile home park in Iowa City to determine the feasibility of a rezoning from the existing zoning to RMH. The proposed rezonings will be placed on the Commission's August 19, 1982 agenda for public discussion. You are invited to attend this meeting and comment on the rezoning of your property to RMH. The Commission will then make a recommendation to the City Council, who will ultimately decide whether or not to rezone your mobile home park to RMH. If you have any questions regarding this process, or would like further information, please feel free to contact me at 356-5248. Sincerely, )ni Bru�Kghht Planner bj5/1 F 0L ED AUG 17 1982 ABBIE STOLFUS CITY CLERK MK // < T 141CR0(ILMED BY JORM MIC ROLAB CEDAR RAPIDS •DES MOVIES I I 1 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (3.19)356-5000 August 13, 1982 Thomas Alberhasky 1613 E. College Iowa City, Iowa 52240 Dear Mr. Alberhasky: The Planning and Zoning Commission will be meeting at 7:30 PM on August 16, 1982 and August 19, 1982 to discuss the proposed rezoning of your property to residential -manufactured housing (RMH). Respectively, the meetings will be held in the City Manager's Conference Room and the' Council Chambers, located in the Iowa City Civic Center at 410 East Washington Street. You are most welcome to attend these meetings. If you have any questions prior to this time, please feel free to contact me at 356-5248. S' cerely, Bruce A. Knight Planner tp5/7 Enclosure (Staff Report) AUG 17 1982 ABBIE STOLFUS CrrY CLERK, ie ys4 • A� 14 f t 111LROEILNED BY -�•. , ' - CORM MIC RbLINES J I CEDAR RAPIDS DES NOIRES r ORDINANCE NO. 82-3081 ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to update the regulations pertaining to mobile home parks. SECTION II. AMENDMENT. Chapter 22 of the Code of Ordinances is hereby amended by deleting Articles I, II and III in their entirety and replacing them with the following: Chapter 22 MANUFACTURED HOUSING PARKS ARTICLE I. GENERAL Sec. 22-1. Purpose. The purpose of this ordinance is to provide minimum standards for the design, development, and improvement of all new or improved manufactured housing parks. It is further the intent of this ordinance to provide semi-permanent single-family residences, with adequate public facilities and services, to promote development consistent with the comprehensive plan, and to promote provide for the health. safety, and general welfare of the citizens of the City of Iowa City. Sec. 22-2. Applicability. This ordinance shall provide minimum standards for the design and development of all new manufactured housing parks, and the substantial redevelopment of all existing manufactured housing parks. Those existing manufactured housing parks not meeting the requirements set down herein shall, upon any substantial and material redevelopment, be required to conform for the altered area. "Substantial and material redevelopment" shall be construed to mean the alteration of any existing park layout from what is shown on the approved plan in an amount that, collectively over time, affects more than 10 percent of the parks' existing area, or two acres, whichever is greater. If the gross park area is increased by more than 10 percent collectively over time, or by two acres, whichever is greater; all provisions of this ordinance shall apply to the additional area of the park. In order to establish the existing level of development, all existing parks shall be required to submit a plan meeting the requirements of Section 22-18 Final Plan. Review of said plan shall be in accordance with procedures for final plan approval. Sec. 22-3. Definitions. As used in this Chapter, the following terms shall have the meaning indicated. Definitions of the Zoning Chapter (Appendix A of the Iowa City Code of Ordinances) shall apply to other terms used herein. I-0ICROf ILf•ICD 61' JORM MICROLAB- ' CEDAR RAPIDS DES MOINES i /SSS it r 2 Manufactured Housing - Includes mobile and modular homes as herein defined. Mobile Home - A single-family dwelling unit, built on a chassis, suitable for year-round occupancy and containing water supply, waste disposal, heating and electrical conveniences. Manufactured Housing Park - A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. Manufactured Housing Space - A plot of ground within a manufactured housing park designed for the accommodation of one manufactured housing unit and which is leased to the manufactured housing owner. Modular Home - Any single-family dwelling unit which is manufactured in whole crin omponents at a place other than at the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home. Park - Shall mean a manufactured housing park. Parking Area - Four (4) or more parking spaces and an aisle(s). Patio - A surfaced outdoor living space consisting of such materials as wood, brick, concrete or other similar solid and dust -free materials, at grade and directly adjacent and accessible from a manufactured housing unit. Recreation Space/Open Space - That portion of the park that is not covered by drives, parking spaces or isles, and intended to provide for recreation buildings and other recreational facilities such as swimming pools, tennis courts, playgrounds, and playing fields. 141CR0(IUIED BY -JORM MICROLAB- CEDAR RAPIDS • DES MOVIES /6 n J L 3 ARTICLE II. PARK LICENSING PROCEDURE Sec. 22-16. Applications. (a) Submission requirements. Any person who wishes to establish a manufactured housing park shall file the following information and materials with the City Clerk: (1) A location map which shall contain the manufactured housing park name, outline of the tract upon which the park is to be located and existing streets and city utilities on adjoining property. (2) Seven (7) copies of the preliminary site plan of the manufactured housing park containing the information required in Section 22-16(b). (3) A completed "Application Form." (4) An application fee payable to the City of Iowa City. (b) Preliminary site plan requirements. (1) Legal description, acreage and the name of the manufactured housing park. (2) Name and address of the owner. (3) Names of the persons that prepared the plan, the applicant's attorney, representative or agent, if any, and date of the i preparation of the site plan. (4) North point and graphic scale. (5) Contours at five (5) foot intervals or less. (6) Layout of existing and proposed street systems, lot lines, sidewalks, manufactured housing spaces, and parking areas. (7) Location of existing and proposed water mains, sewers, drain pipes, culverts, water courses, storm water detention facilities, and fire hydrants. (8) Grades of existing and proposed streets and alleys. (9) Location of areas proposed to be dedicated or reserved for parks, playgrounds, swimming pools, other recreational areas, schools, and open space. (10) Land within the park not to be developed at the time of initial approval of the plan, and estimated time of development, and uses proposed. 0 MICROFILMED BY JORM MICR#LAB- r LCEDAR RAPIDS • DES MOINES r I I I • l r 4 (11) Distances between the park, and buildings and structures adjacent to the park. (12) A signature block for endorsement by the City Clerk certifying the Council's approval of the plan. Sec. 22-17. Preliminary Approval. Procedures for preliminary approval of any manufactured housing park shall be in accordance with the procedures for preliminary approval of subdivisions and large scale residential developments. Such approval shall be done by resolution and shall be binding with regard to preparation of the final plan. Sec. 22-18. Final Plan. (a) Submission requirements. The following information and materials shall be filed with the City Clerk: (1) A transparent, reproducible copy and seven (7) prints of the final site plan containing the information required in Section 22-18(b). (2) A completed "Application Form." i (3) An application fee payable to the City of Iowa City. (b) Final site plan requirements. j (1) The final site plan may include all or part of the preliminary site plan. If the final site plan does not include the entire development illustrated on the preliminary plan, the portion shown must be able to function as a separate development, j including access and utilities. (2) The scale of the final site plan shall not be smaller than one (1) inch equals fifty (50) feet, unless the resultant drawing would be larger than twenty-four (24) inches by thirty-six (36) inches. In no case shall the scale of the plan be smaller than one (1) inch equals one hundred (100) feet. (3) The final site plan shall include or have attached an accurate legal description of the boundaries of the park illustrating: (a) Accurate references to known or permanent monuments, giving the bearing(s) and distance(s) from some corner of the park to some corner of the congressional division of which the park is a party or to some corner of a lot or block within the City of Iowa City. (b) Accurate boundary line dimensions in feet and hundredths of feet, with angles and/or bearings, providing a survey /(SSS G 14ICROf ILI4ED BY JORM MIC R(ifLAB" 1 ? I CEDAR RAPIDS DES 140IAES 7 I i i r 5 with an unadjusted closure error not greater than one (1) foot in ten thousand (10,000) feet. (c) Accurate location of all existing and recorded streets adjacent to the boundaries of the park. (d) Acreage or square footage of the park. (e) Certification of the survey by a registered land surveyor of the state of Iowa. (4) The final site plan shall include and illustrate the following: (a) The boundaries of the park shall be accurately drawn and annotated. (b) Accurate dimensions and curve data for all street lines and private drive centerlines shown on the plan. (c) Names of all streets and private drives shown on the plan. (d) Approximate dimensions of all existing manufactured housing space lines with angles to adjacent street lines. (e) Dimensions of all proposed manufactured housing space lines with angles to adjacent street lines. (f) Dimensions illustrating location and size of all existing and proposed walks, drives, parking areas, structures and areas reserved for other uses or future development. i (g) Location, width and purpose of all existing and proposed easements. (h) Land for future park development and estimated time of development. (i) Name of the development. (j) Name and address of the owner(s) and/or developer(s). (k) Applicants' attorney, representative or agent, if any. (1) North point, graphic scale and date. (m) Certification by utility companies that the utility easements as shown on the plan are adequate. (n) A signature block for endorsement by the City Manager or his/her designee. (o) Certification of the park boundary description by a registered architect, engineer, landscape architect or land surveyor of the state of Iowa. MICROFILMED BY JORM MICR46LAB , CEDAR RAPIDS DES MOVIES ( i i J L I r I I 0 (6) The final plans shall also be accompanied by the following instruments: (a) Dedication of streets, sewers, and water lines and the granting of easements where required. (b) Resolution for approval of such dedications and grantings by the Council in a form approved by the City Attorney. Sec. 22-19. Final Plan Approval. Final plan approval is an administrative action. No public notice or hearing is required in connection with the approval of final plans or minor changes from approved preliminary plans. Approval of final plans and reports for all new manufactured housing parks shall be based on substantial compliance with the preliminary park plan with any modifications required by the Council at the time of preliminary approval. Upon approval of the final plan by the City Manager or his/her designee and certification of compliance with the plan by the Building Official and any other officials, the City Clerk shall issue the annual license. Sec. 22-20. Changes in Approved Final Plans. Changes in approved final manufactured housing park plans including minor changes in building or manufactured housing space arrangements may be approved by the City Manager or his/her designee only upon findings that such changes are conceptually consistent with the preliminary plan. All other changes shall require amendment of the preliminary and final plan. Sec. 22-21. Building Permits. All building permits and licenses shall be issued on the basis of conformance with the final plan or minor amendments as provided in Section 22-20. Sec. 22-22. License. (a) Required. It shall be unlawful for any person to maintain or operate a manufactured housing park within the limits of the City, unless such person shall first obtain a license therefore and comply with the requirements herein set forth. (b) Renewal. Upon application, in writing, by a licensee for annual renewal of a license, the manufactured housing park shall be inspected by the Building Official for compliance with the approved plan. After passing said inspection and upon payment of the annual license fee, the City Clerk shall issue a renewal license. 141CROEILMED BY CORM MICR#LAB ) I CEDAR RAPIDS DES IAOI4E5 I i _ J /SSS" I 7 (c) Posting required. The license issued pursuant to this article shall be conspicuously posted on the premises of the manufactured housing park at all times. (d)Suspension or revocation. Upon the recommendation of the Building Official, the City Clerk may, in writing, suspend or revoke any license issued under the provisions of this chapter whenever the permit is issued on the basis of incorrect information supplied or is in violation of any ordinance or regulation. Appeal of a suspension or revocation of the license shall be before the Board of Appeals (Building), according to procedures set forth in the Iowa City Administrative Code. Sec. 22-23. Violations. Persons who violate any provision of this Chapter or who erect, construct, alter, or repair or have erected, constructed, altered or repaired a building or other portion of the park in violation of the approved plan, as cited by the Building Official, shall be guilty of a misdemeanor punishable by a fine not exceeding $100 or imprisonment not exceeding 30 days. The owner of any manufactured housing park where anything in violation of this Chapter shall be placed or shall exist, and the owner or any agent who has assisted in the commission of such violation shall be guilty of a separate offense. Each day that a violation is permitted to exist after proper notice shall constitute a separate offense. Sec. 22-24. Fees. All fees for manufactured housing parks shall be established by resolution of the City Council. J„ IIICROEILMED BY JORM MICR6LAB CEDAR RAPIDS • DES MOVES I i I r r ARTICLE III. PARK STANDARDS. Sec. 22-34. Park Requirements. A manufactured housing park shall conform to the following requirements: (a) Area. The total area within the park shall not be less than two (2) acres. (b) Drainage. The park shall be graded to be free from stagnant pools of water. (c) Space requirements. Each park shall provide manufactured housing spaces, and each shall be clearly defined or delineated. Each individual space shall meet the following requirements: (1) Minimum manufactured housing space: 3,500 square feet. (2) Minimum manufactured housing space width: 35 feet. (3) Minimum manufactured housing space frontage: 20 feet. j (4) Maximum building bulk: Height - 25 feet Building coverage - 40% (5) Minimum yards: Front - 15 feet (measured from the manufactured housing unit or the closest projectile from the unit to the abutting private street.) (6) At least a 20 foot clearance between manufactured housing units shall be provided; except with respect to manufactured units parked end-to-end, the end-to-end clearance shall not be less than 15 feet. A 30 foot clearance shall be provided between any manufactured housing unit and the edges of the RMH zone, except where abutting an arterial street, in which case a 40 foot clearance shall be required. Where public streets are platted within a manufactured housing park, a 20 foot clearance shall be required from the street right-of-way line. (7) Tree planting for manufactured housing parks shall meet the requirements below. Also, all spacing and location provisions shall be as required in Section 8.10.40 of the Zoning Chapter. (a) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" or permitted by the city forester. riicRoEILMED BY I JORM MIC RdL4B -' � ( CEDAR RAPIDS DES 1401AE5 � 8 ARTICLE III. PARK STANDARDS. Sec. 22-34. Park Requirements. A manufactured housing park shall conform to the following requirements: (a) Area. The total area within the park shall not be less than two (2) acres. (b) Drainage. The park shall be graded to be free from stagnant pools of water. (c) Space requirements. Each park shall provide manufactured housing spaces, and each shall be clearly defined or delineated. Each individual space shall meet the following requirements: (1) Minimum manufactured housing space: 3,500 square feet. (2) Minimum manufactured housing space width: 35 feet. (3) Minimum manufactured housing space frontage: 20 feet. j (4) Maximum building bulk: Height - 25 feet Building coverage - 40% (5) Minimum yards: Front - 15 feet (measured from the manufactured housing unit or the closest projectile from the unit to the abutting private street.) (6) At least a 20 foot clearance between manufactured housing units shall be provided; except with respect to manufactured units parked end-to-end, the end-to-end clearance shall not be less than 15 feet. A 30 foot clearance shall be provided between any manufactured housing unit and the edges of the RMH zone, except where abutting an arterial street, in which case a 40 foot clearance shall be required. Where public streets are platted within a manufactured housing park, a 20 foot clearance shall be required from the street right-of-way line. (7) Tree planting for manufactured housing parks shall meet the requirements below. Also, all spacing and location provisions shall be as required in Section 8.10.40 of the Zoning Chapter. (a) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" or permitted by the city forester. riicRoEILMED BY I JORM MIC RdL4B -' � ( CEDAR RAPIDS DES 1401AE5 � (b) Trees shall be planted over the gross site area at a minimum ratio of one tree for every one manufactured housing space provided in the park. (d) Recreation space/open space. Manufactured housing parks shall take into consideration the need to provide open space for recreational purposes and to enhance the general character of the area. Recreation space shall be provided as follows: (1) For manufactured housing parks with an average manufactured housing space size of 3,500 square feet, recreation space shall be provided at a rate of not less than nine (9) percent of the total park area. As the average manufactured housing space size increases from 3,500 square feet, recreation space may decrease at a rate of one-half (0.5) percent per each 100 square foot increase in the average manufactured housing space size. The minimum size of any one required area of recreation space shall be equivalent to the smallest manufactured housing space provided in the park. (2) In the provision of recreation space, the following planning criteria should be considered: (a) Recreation space should be readily accessible to residents of the manufactured housing park. If a single area of recreation space is provided, it should be located within 800 feet of each manufactured housing space. (b) Recreation space may be provided in conjunction with storm water detention. (e) Streets. Manufactured housing parks shall be provided with safe and convenient vehicular access from a collector or arterial public street abutting the park to each manufactured housing space, service building, or other common facility, in a manner more particularly described in Section 22-35. (f) Driveways. Hard surfaced driveways shall be provided for each manufactured housing space, service building, delivery and collection point, and elsewhere as needed. The driveways shall be a minimum of 10 feet in width. (g) Parking. Nine (9) feet by 20 feet hard surfaced off-street parking spaces shall be provided at the rate of two (2) parking spaces per unit. At least one (1) off-street parking space shall be located on each manufactured housing space. The other required parking space may be located in a common parking area(s) within convenient access to the manufactured housing unit. Parking spaces may be provided in the front yard area, however, they shall not be allowed within 10 feet of an adjoining manufactured housing unit. Separate parking areas shall meet the screening requirements of Sec. 8.10.25 of the Zoning Chapter. (h) Sidewalks. Individual sidewalks shall be provided to each manufactured housing entrance from the street or from a driveway or MICROFILMED 01' J JORM MICR6LA13 CEDAR RAPIDS D[S t4a1NES. C, r 10 parking space connected to the street. Also, common walks shall be provided in locations where pedestrian traffic is concentrated. Sidewalk widths shall be at least two and one-half (2.5) feet for sidewalks on individual spaces and at least four (4) feet for sidewalks in common areas or along public streets. Gradients for all sidewalks shall be not greater than twelve (12) percent, cross slopes shall be at a rate of one-fourth (.25) inch per foot and the street edge of the sidewalk surface shall be located above the curb one-third inch for every foot horizontally from the curb. (i) Patios/decks. Each manufactured housing space shall be provided with a patio/deck of at least 100 square feet, and with a minimum dimension of 10 feet. (j) Public lighting. Outdoor lighting shall be provided for all streets, walkways, buildings, and other facilities subject to nighttime use. Sec. 22-35. Streets. All public streets within the park shall meet the following standards: (a) Continuation and extension. Within manufactured housing parks provisions shall be made for the continuation and extension of public streets, which shall be platted in accordance with the current subdivision regulations and constructed in accordance with current City standards. (b) Street width. All private street widths shall be measured back-to- back of curb. Minimum street pavement widths shall be provided as follows: (1) 24 feet without parking, and so posted; (2) 28 feet with parking on one side, and so posted; or (3) 36 feet with parking on both sides. (d) Pavement. All private streets shall be constructed with either non- reinforced Portland cement concrete with a six (6) inch pavement thickness, or full depth asphaltic concrete with a pavement thickness of eight and one-half (8.5) inches. Curb shall be provided in accordance with Iowa City engineering standards. (e) Grades. No street grade shall be less than one-half (%s) of one (1) percent and shall not exceed 12 percent. Sec. 22-36. Utilities. Manufactured housing parks shall be provided with sanitary sewers, storm drainage, water and gas and electric service as hereinafter set forth. M1cRoi ILMED DY I JORM MICROLAB- j CEDAR RAPIDS • DES MOINES 1 r C 11 (a) Private utilities. Private utilities shall be designed and constructed as hereinafter set forth. (1) Sanitary sewers• The sewerage system shall be designed, constructed and maintained in accordance with applicable city codes or specifications approved by the City. Each manufactured housing space shall be provided with at least a four (4) inch diameter sewer riser pipe terminating at least four (4) inches above the ground surface and located such that the sewer connection to the manufactured housing unit drain outlet will approximate a vertical position. Provision shall be made for plugging the drain when a manufactured housing unit does not occupy the space. (2) Storm drainage. The manufactured housing park shall be provided with drains, ditches, culverts, bridges, storm sewers, intakes and manholes adequate to provide for the collection and removal of all surface waters. Such drainage shall be provided in accordance with applicable city codes or specifications approved by the city. (3) Water supply. An adequate supply of potable water for drinking and domestic purposes shall be supplied by pipes to all buildings used for human occupancy and manufactured housing spaces within the park. All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with applicable city codes or specifications approved by the city. Individual water riser pipes shall be located at a point where the water connection to the manufactured housing unit will approximate a vertical position. Water riser pipes shall either terminate at least four (4) inches above the ground surface, or be located in a recessed opening with extension pipes provided which terminate at least four (4) inches above the ground surface, with at least a three-quarter (3/4) inch valve outlet. In addition, a curb stop shall be installed for each manufactured housing space between the main and said riser pipe. (4) Electrical outlet. An electrical outlet supplying at least 220 volts shall be provided for each manufactured housing space with a minimum of 100 amphere individual service. Sec. 22-37. Refuse and Garbage Handling. The storage, collection and disposal of refuse in the manufactured housing park shall not create health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. (a) collection stations. Unless individual garbage and trash collection is provided, "dumpsters" or refuse collection stands consisting of a holder or rack on an impervious slab shall be provided within 300 feet from any manufactured housing space they serve. Container stands shall be designed to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. I1ICRorJL61ED DY t JORM MICR40LAS t CEDAR RAPIDS • DES MOV' E5 1 J r I I 12 (b) Collection receptacles. Collection receptacles shall be provided in quantities adequate to permit disposal of all garbage and rubbish. (c) Collection. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to insure that the garbage cans shall not overflow. Sec. 22-38. Permanent Structures and Facilities. (a) Buildings and facilities. The requirements of this section shall apply to service buildings, recreation buildings and the other park service facilities which follow, as provided by Sec. 8.10.26 of the Zoning Chapter, Permitted Accessory Uses: (1) Manufactured housing sales. Manufactured housing sales shall be allowed as an accessory use in conjunction with the management office, provided that the number of manufactured housing units displayed for sale does not exceed 25 percent of the manufactured housing spaces. (2) Equipment and materials storage. Maintenance materials and equipment shall be stored either in a permanent structure, or in yards fenced in with a minimum six (6) foot high fence of solid construction. (3) Tenant storage. Storage facilities for park tenants may be provided on the space, or in compounds located within the park. Sec. 22-39. Fire Safety Standards. (a) Water supply facilities. Standard city hydrants shall be located within 300 feet of all manufactured housing spaces, measured along the driveways or streets. The water supply system shall meet the minimum standards for firefighting purposes as required or recommended by the Fire Department. (b) Storage and handling of fuel. In parks where liquified petroleum gases, gasoline, fuel oil, or other flammable liquids are stored and/or dispensed, their handling and storage shall comply with applicable city, state and federal regulations. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. MICROCILMED By J DORM MICR(SLAB 1 r j CEDAR RAPIDS DES MOINES fr 13 Passed and approved this 28th day of September, 1982. l . A111.U.W MAYOR ATTEST: CITY CLERK Received & AppEoved gy The Legal Department i i t i i i f i b11CRDE1LMED BY ' JORM MICR#LAS CEDAR RAPIDS • DES MOINES I It was moved by Perrot , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL _ x LYNCH x MCDDNALD x NEUHAUSER x PERRET First consideration August 3, 1982 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Erdahl, Lynch. Absent: Dickson Moved by Balmer, seconded by Perret Second consideration gUgjL Vote for passage: Ayes: F Lynch, McDonald. Nays: � Neuhauser. Date published October t MICRof IL14ED BY "-JORM-MOCR4/LAI CEDAR RAPIDS • DES MOINE I r ORDINANCE NO. 82-3082 ORDINANCE AMENDING SECTION 8.10.18, PERFORMANCE STANDARDS, OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance Ts to revise current screening requirements to require screening between all R zones and commercial/industrial uses, and between manufactured housing uses and single family residential uses located in an RIA or RIB zone. SECTION II. AMENDMENT. Section 8.10.18.A of the Zoning Ordinance is hereby deleted, and replaced in entirety by the following. 8.10.18 PERFORMANCE STANDARDS. The following performance standards shall be required: A. Screening. Where a lot occupied by a commercial or industrial use abuts or is across a street, highway, alley, or railroad right-of-way from an R or ORP zone, a school, or a recreational area including a park, Playground or the Iowa River, screening shall be preserved, planted or constructed and maintained in accordance with the provisions set forth below. Screening, in accordance with the provisions set forth below, shall also be provided in the instance where a lot occupied by a -manufactured housing use, located in an RMH zone, abuts or is across the street from an R1A or RIB zone. I. Location. a. Except for a use in the ORP zone, screening shall be provided along lot lines or street right-of-way in a manner sufficent to effectively obscure the commercial or industrial use from view within the lot lines of an R or ORP zone, or school, abutting or located across the street from said commercial or industrial use. b. In an ORP zone, screening shall be provided in a location and manner sufficient to effectively obscure all off-street parking and loading, 111CRDE1LMED BY JORM MIC ROLAB � CEDAR RAPIDS DES tdO1:1ES ' i I 9 r Ordinance No. 82-3082 Page 2 storage, or other such areas of activity from view within the lot lines of the R zone or school. C. In an RMH zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to effectively obscure the manufactured housing use from view within the lot lines of residential development in an RIA or R1B zone. d. In all instances where street right- of-way, which acts to separate the lots on which said uses are located, is 100 feet or wider, screening shall not be required. 2. Screening Materials. a. A planting screen of pyramidal arbor vitae, the plantings being at least three (3) feet high when planted and spaced four (4) feet on center, may be used. Other evergreen varieties may be used if approved by and spaced according to the City Forester. The planting bed shall have a minimum dimension of five (5) feet, be 'free of any impervious surface, and be separated from streets, drives and parking areas by an unmountable curb or barrier in such a manner that sand and saltwater runoff will not damage the screening. b. Where a planting screen cannot be expected to thrive because of intense shade, soil or other conditions, a solid fence of durable construction, an earthen berm covered with grass or low shrubs and/or other acceptable materials which provide maximum visual obscurity to a height of six (6) feet at maturity may be used if approved by the City Forester. 3. Time of Installation. a. If a lot proposed for a commercial or industrial use is located adjacent to or opposite an existing MICROFILMED BY JORM MICRbLAB j CEDAR RAPIDS • DES MOINES i /� S6 1 L r Ordinance No. 82-3082 Page 3 residential use or subdivision in an R zone, or a school, screening as required herein shall be installed prior to occupancy or commencement of a use. The City Forester may grant a delay to the seasonal calendar dates of June 1 or November 1, whichever comes first. Similarly, if a lot or space intended for the placement of a manufactured housing use is located adjacent to, or across the street from an existing residential development in an R1A or R1B zone, the owner of the manufactured housing use shall provide screening as described herein. If "a" above is not the case, screening need not be provided until within six (6) months after a building permit is issued for a residential use or a school, a final plat of a residential subdivision is approved, or a recreational area is available for use on adjacent or opposite land. Exceptions. Screening may be waived by the City Forester if the view is blocked by a change in grade or by the natural or man-made features as determined by the City Forester. Maintenance. The owner shall keep all screening properly maintained, free of trash and litter and all plant materials pruned in such a manner as to provide effective visual obscurity from the ground to a height of at least six feet. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. MICROFILM B1' i JORM MICR46LAE3 l I CEDAR RAPIDS • DES MOVIES i 7 J r Ordinance No. 82-3082 Page A SECTION V. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 28th day of September, 1982. -M,LW Q. t9YOR ATTEST: 'Old CITY CLERK It was moved by Perret and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER _ x DICKSON _ x ERDAHL x LYNCH _ MCDONALD x NEUHAUSER PERRET First consideration August 3, 1982 Vote for passage: Ayes: Erdahl., Lynch, McDonald Neuhauser, Perret. Nays: Balmer. Absent: Dickson. Moved by Perret, seconded by Erdahl. Second considerationAmu ustst 17, 1981982 Vote for passage: Aye s.Lynch, EDonald, Perret, Dickson. Nays: Balmer. Absent: Neuhauser, Erdahl. Date published October 6, 1982 Received & Approved sy The Legal Doparhtwnl I 1 f MICROFILMED BY � - JORM MICFU ILA13 -, CEDAR RAPIDS • DES MOINES i I r ORDINANCE NO. 82-3083 ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY TO ADD ARTICLE VIII., "INTRUSION ALARMS" SECTION I. PURPOSE. The purpose of this amendment is to add a new article, Article VIII., to Chapter 24 of the Code of Ordinances of the City of Iowa City, Iowa, to provide regulations for the installation of alarm systems and to provide sanctions against false alarms. SECTION II. AMENDMENT. Chapter 24 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding Article VIII. Alarms Systems, Sections 24-126 to 24-131, which shall read as follows: ARTICLE VIII.• ALARM SYSTEMS Sec. 24-126. Definitions. As used in this - article, the following words and phrases shall have the meanings respectively ascribed to them in this section: Alarm business. Any business operated by a person which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, or servicing alarm systems, or which causes any of these activities to take place. Alarm system. An assembly of equipment and devices directly connected to the Police Department arranged to signal the presence of a hazard requiring urgent attention and to which agents of the police department are expected to respond. The term "alarm system" shall include, but is not limited to, intrusion or burglar alarms of the audible or direct -line radio or electronic type. Alarm user. Any person, firm partnership, association, corporation, company, or organization of any kind on whose premises an alarm system is maintained. False alarm. The activation of an alarm system connected by any means to the Police Department through mechanical failure, malfunction, improper installation or the negligence of the alarm user or of his/her employees or agents. Intrusion alarm. Any alarm connected by any means to the Police Department which signals any unauthorized intrusion into a premises and includes, but is not limited to, burglar and hold- up alarms. 111CR0EILMED BY � JORM MIC ROLAEI 1 j CEDAR RAPIDS - DES M01:4ES J r Ordinance No. 82-3083 Page 2 Sec. 24-127. Permission to install alarm systems; standards. (a) Every alarm system must comply with the following standards: Equipment and supplies used in the installation of alarms must: (1) Be approved by the Underwriter's Laboratories, or (2) Be equal to or better than the standards of the Underwriter's Laboratories. The burden of proof to establish that the equipment or supplies meet or exceed the standards is upon the person applying for permission to install the alarm. (3) Equipment or supplies not directly comparable to any equipment or supplies approved by the Underwriter's Laboratories may be approved by the Police Chief. (b) No alarm business shall install or alter any intrusion alarm system on any, premises without making application to and receiving written permission from the Police Chief for such installation or alteration. Application shall be made on forms provided by the Police Chief. (c) The City Council by Resolution may establish monthly fees to be assessed an alarm business for each individual alarm terminating at the Iowa City Police Department. Sec. 24-128. False alarms. (a) An alarm user as defined in Sec. 24-126 of this ordinance, shall be charged for each false alarm a fee pursuant to the false alarm charge schedule adopted by Resolution of the City Council. (b) All bills for false alarm charges shall be issued by first class mail to the alarm user. On said bills sent to alarm users of the intrusion alarm type, the police chief shall include written notice of his/her intention to disconnect said alarm user's intrusion alarm from its connection to the police department or of his/her intention to refuse to authorize response by police department personnel to future alarms from that alarm user's alarm system if said alarm user fails to pay the false alarm charge within thirty (30) days of /07 141CROFIL14ED BY J JORM MICR(�LA6 j LEDER RAPIDS • DES MOINES I a 1 L A r Or —ante No. 82-3083 Pay. 3 being billed. Said written notice shall also inform said alarm user of his/her right to request a hearing before the police chief by filing a written request with the police within thirty (30) days of being billed and further inform said alarm user that failure to request a hearing in a timely manner shall constitute waiver of his/her right to a hearing. (c) When a hearing is requested in a timely manner, the police chief shall serve on the alarm user written notice of the time and place of hearing by first class mail at least ten (10) days prior to the date set for hearing. (d) At the hearing before the police chief, the alarm user or his/her authorized representative shall have the right to confront and examine witnesses, and to present evidence as to his/her delinquency. After the hearing, the police chief may order disconnection, or may refuse to respond to future alarms from that alarm user's alarm system or may withdraw the notice if he is satisfied there is no delinquency. (e) Any alarm user whose alarm system has been disconnected or to whose alarm system the police chief has determined no future response will be made pursuant to this Section shall have the right, within ten (10) days after receiving notice of said action from the police chief, to file a written appeal by first class mail or hand delivery with the City Clerk, and no alarm user shall be required to discontinue use of his/her alarm system prior to the expiration of such ten (10) day period. Such appeal shall set forth the specific ground or grounds on which it is based. The City Manager shall hold a hearing on the appeal and shall cause the appellant to be given at least seven (7) days written notice of such hearing. At the hearing, the appellant or his/her designated representative, shall have the right to present written or oral argument, or both, in support of his/her appeal. The City Manager shall issue a decision within seven (7) days after the hearing. (f) If an alarm user files an appeal pursuant to paragraph (e) of this Section, he/she shall not be required to discontinue use of the alarm system until a final decision is made on his/her appeal. 141CROPILMED BY JORM MICR6LA13 CEDAR RAPIDS - DES M011ES r Ordinance No. 82-3083 Page 4 (g) Any alarm user whose alarm system has been disconnected from police department facilities is not precluded under this Section from applying for a new connection. The police chief, however, is not required to allow a new connection unless past delinquencies have been satisfied, the police chief is satisfied that the applicant will meet the obligations proposed under this Ordinance in the future, and sufficient board space is available at the police department for the connection. Sec. 24-129. Service of notice. Whenever a person, the police chief or his/her designee, or any city official or employee is required to make delivery of notice by mail pursuant to this Article, delivery, in lieu thereof, may be made by hand by any person eighteen years of age or older. Sec. 24-130. Judicial review. Nothing herein shall be deemed to deny to any person claiming to be aggrieved by any determination hereunder any applicable judicial remedies provided for by the laws of the State of Iowa, including the right to appeal to District Court. Sec. 24-131. Penalties. The failure of any person to: (a) comply with the requirements of Sec. 24-127 before installing or altering any alarm system; or (b) obey any order of the police chief to disconnect an alarm system from the police department after such person has exhausted his/her rights to hearing or appeals: is a misdemeanor and is punishable by a fine not exceeding $100 or imprisonment not to exceed thirty (30) days. Each day that such violation continues shall constitute a separate offense. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Id1EROf ILMED BY CORM MIC RISLAB � CEDAR RAPIDS DCS i4D IVES I L ■ r Ordinance No. 82-3083 Page 5 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 28th day of September, 1982. n VVL4�1 R'WllJytnuIA, YO ATTEST: CITY"CLERK 11 It was moved by Balmer and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH MCDONALD NEUHAUSER PERRET First consideration 8/31/82 Vote for passage:Ayes:�fTTrca ,Lynch, McDonald, j Neuhauser, Perret, Balmer, Dickson. Nays: None. Second consideration 9/14/82 Vote for passage: Ayes: McDonald, Nebhauser, Perret, Balmer, Dickson, Erdahl., Lynch. Nays: None. Date published October 6,1982 1 r i 141CROFILI4ED BY 1 JORM MICR6LA9 ' CEDAR RAPIDS • DES MINES ' I Received & Approved By The Legal Deparfinen/ /W