The URL can be used to link to this page

Home My WebLink About1980-03-04 OrdinanceORDINANCE NO. 80-2988 !1i AN ORDINANCE VACATING 'A PL•,<TION OF SOUTH GILBERT STREET BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IA: Section 1. That the street in Iowa City, Iowa, hereinafter described be & the same is hereby vacated: South Gilbert Street (Sand Road) from the south right-of-way line of US Highway 6 Bypass, south to the north right-of-way line of Waterfront St. extended easterly, (for South Gilbert Street Project), effective March 5, 1980, Section 2. This Ordinance shall be in full force & effect when published by law. Passed and adopted this 4 ay of march 1980. /J R CL ATTEST: � CITY CLERK • It was moved by Erdahl , and seconded by Perret t at the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Moved by Erd7rtrl; Seconded"by Perret, that the rule requiring ordinances to be con- sideredand voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be sus- pended, the first and second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. Nays: None.Qkeived d Approved Date Published March 12, 1980 By YheLegal DepaNmonf g -fi= _k�itf_ MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES t ORDINANCE NO. AN ORDINANCE VACATING A h.,fION OF SOUTH GILBERT STREET _ BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IA: Section 1. That the street in Iowa City, Iowa, hereinafter described be & the same is hereby vacated: South Gilbert Street (Sand Road) from the south right-of-way line of US Highway 6 Bypass, south to the north right-of-way line of.Waterfront St. extended easterly, (for South Gilbert Street Project), effective November -,l; 1978 a FIAteN s, i9 Eo t., Section 2! This Ordinance shall effectWflen published by law. Passed and adopted this day t$j ICJI: CI Y Itwa moved by upon ro ca AYES: NI 1 197 . �F , and seconded by Winance be adopted, and •e: ABSENT: Cd t \ ss 1st considerpation 8/28/7 Vote foh Passage: Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. 4` 2nd consideration 9/11/7 Vote for Passage: Ayes: Erdahl, Neuhauser, Perret, Roberts, 9 Balmer, deProsse. Nays: none. Absent: Vevera. Date of publication MICROFILMED BY JORM MIC R+LA8 CEDAR RAPIDS • DES MOINES Received A Approve BY Legal Department i J SUPPLEMENT N0. 3 CITY CODE Of IOWA CITY, IOWA I.eoseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 79.2973, enacted September 25, 1979. See Code Comparative Table, page 2955. Remove old pages Insert new pages vii [1] through [4] vii [1] through [4] 199, 200 199, 200, 201 368.1 through 372 369 through 372.1 539, 540 539, 540, 540.1 745, 981 through 986 746, 746 981 through 986.1 hr 991 through 994 991 through 994.1 1149 through 1156.1 1149 through 1156.1 1161 through 1166 1161 through 1166.1 1168.1, 1169, 1170 1169, 1170, 1170.1 1530.1 through 1534 1531 through 1534.1 1563, 1564 1563, 1564 1577, 1578, 1578.1 1577, 1578, 1678.1 1725, 1726, 1727 1725, 1726, 1727 2129 through 2132 2129 through 2132 2213 through 2216 2213 through 2217 2479 through 2482 2479 through 2482.1 2484.1 through 2488 2485 through 2488.2 2539, 2540 2539, 2540, 2540.1 2551 through 2554 2551 through 2564.1 2575, 2576 2575, 2576, 2576.1 2583 through 2592 2583 through 2692 2953, 2964 2963, 2954, 2955 Note—For checklist of up-to-date pages in Code, see page [1] following table of contents. MICROFILMED BY JORM MICR+LAE3 CEDAR RAPIDS • DES MOINES X10 7 M INSTRUCTION SHEET—Contd. Index pages Index pages 2979, 2980, 2980.1 2979, 2980, 2980.1 3012.3, 3012.4, 3012.5 3012.3, 3012.4, 3012.5 3020.1, 3020.3, 3020.4 3020.1, 3020.2, 3020.3 3027, 3028 3027, 3028 3066.1, 3067, 3068 3067, 3068, 3068.1 Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida February, 1980 MICROFILMED BY JORM MIC R+LA B CEDAR RAPIDS - DES MOINES E i Credit is gratefully given to the other members of the pub- lisher's staff for their sincere interest and able assistance throughout the project. The publishers are most grateful to Mr. John W. Hayek, City Attorney, Mr. Robert H. Bowlin, Mr. Anatolij Kushnir and Ms. Angela Ryan, Assistant City Attorneys and Mrs. Abbie Stolfus, City Clerk. September, 1978 MUNICIPAL CODE CORPORATION Tallahassee, Florida Sopµ No.3 vii MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES qpq i i Credit is gratefully given to the other members of the pub- lisher's staff for their sincere interest and able assistance throughout the project. The publishers are most grateful to Mr. John W. Hayek, City Attorney, Mr. Robert H. Bowlin, Mr. Anatolij Kushnir and Ms. Angela Ryan, Assistant City Attorneys and Mrs. Abbie Stolfus, City Clerk. September, 1978 MUNICIPAL CODE CORPORATION Tallahassee, Florida Sopµ No.3 vii MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES qpq V I i Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement.) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The lettere "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. \� In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 0C 121-126 0C iii 0C 177-198 0C v—Vi 0C 199-201 3 vii 8 261-258 OC IX—XIV 0C 303-312 0C xv—xxii 2 363, 364 1 1-4 0C 365--368.1 2 5, 6 1 36972.1 g 6.1 1 373, $74 1 7-16 0C 374.1 1 17, 18 1 375, 376 OC 19, 20 0C 377, 378 1 71 1 378.1 1 Supp. No. 3 [1] MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES y?y Supp. No. 3 [2] MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. t OC 1159, 1160 2 431, 432 OC 1161-1166.1 3 483-494 OC 4 ; 2 531-534 Supp. No. 3 [2] MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 379-381 OC 1159, 1160 2 431, 432 OC 1161-1166.1 3 483-494 OC 1167, 1168 2 531-534 1 1169-1170.1 3 535-536.2 2 1171-1198 2 537, 538 1 1229-1246 OC 539-640.1 3 1297-1301 0C 541552 1 1351-1356 OC 553-656 2 1407-1416 OC 557-567 OC 1.467-1477 OC 617, 618 0C 1527, 1528 2 639-650 1 1529, 1530 1 669-674 1 1531-1634.1 3 674.1 1 1535-1538 OC 675-686 OC 1539, 1540 1 737-744 1 1540.1 1 745, 746 3 1541-1546 OC 747-750 1 1547, 1548 1 811, 812 OC 1548.1 1 813-818 2 1549-1562 OC 867, 868 OC 1563, 1564 3 919, 920 1 1565-1668 1 921-930 OC 1568.1 1 931-950 1 1569, 1570 OC 950.1, 950.2 1 1571, 1572 1 951-980 1 1573-1576 OC 980.1-980.16 1 1577-1578.1 3 981-986.1 8 1.579-1590 OC 987, 988 1 1591, 1592 1 988.1 1 1593-1597 2 989, 990 OC 1643, 1644 2 991-994.1 8 1645, 1646 1 995-998 1 1646.1 1 999 OC 1647-1662 OC 1049-1156.1 3 1663 1 1149-1152 1 1713, 1714 2 1153-1156.1 2 1714.1 1 j 1157, 1158 1 1715-1724 OC Supp. No. 3 [2] MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS •DES MOINES CHECKLIST OF UP-TO-DATE PAGES—IOWA CITY Page No. Supp. No. Page No. Supp. No. 1725-1727 3 2492.1 1 1775-1780 OC 2493, 2494 OC 1831-1840 OC 2495-2498 1 1841, 1842 1 2498.1 1 1842.1 1 2499-2506 OC 1843-1853 OC 2507-2510 1 1903-1914 1 2510.1-2510.4 1 1967-1970 OC 2511-2516 OC 2021 OC 2517, 2518 1 2121-2128 OC 2519, 2520 OC 2129-2132 3 2521-2530 1 2133-2147 OC 2580.1, 2530.2 1 2197-2208 OC 2531-2638 OC 2209,-2210 1 2539-2540.1 8 2210.1 1 2541-2542.2 2 2211, 2212 OC 2543-2550 OC 2213-2217 3 2551-2554.1 3 2267-2270 OC 2555-2574 OC 2271, 2272 1 2575-2576.1 8 2272.1 1 2577-2580 OC 2273, 2274 OC 2581-2582.1 2 2275, 2276 1 2583-2592 8 2276.1 1 2593-2612 OC 2277-2301 OC 2918, 2914 OC 2351, 2352 1 2935-2950 OC 2353-2364 OC 2951, 2952 1 2365-2370 1 2958-2956 8 2419, 2420 1 2971-2976 OC 2420.1 1 2977, 2978 OC 2421-2424 OC 2979-2980.1 8 2425, 2426 1 2981, 2982 1 2427, 2428 OC 2982.1 1 2429 1 2983, 2984 OC 2479-2482.1 3 2985-3000 1 2483-2484 2 3001, 3002 2 2485-2488.2 8 3002.1-3002.3 1 2489, 2490 2 3003-3006 2 2491, 2492 1 3007-3012 1 I Supp. No. 3 [3] LIN MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS •DES MOINES 0 IOWA CITY CODE Page No. Supp. No. Page No. 3012.1, 3012.2 1 3042.1, 3042.2 3012.3-3012.5 3 3043, 3044 3013, 3014 2 3045-3048.1 3015, 3016 1 3049-3052 3016.1, 3016.2 2 3053-3062 3017--3020 2 3063-3064.01 3020.1--3020.3 3 3064.1, 3064.2 3021, 3022 OC 3065, 3066 302"026 1 3067-3068.1 3027, 3028 3 3069, 3070 3029-3032 1 3071-3074 3032.1 1 3075, 3076 3033, 3034 OC 3076.1 3035-3036.1 2 3077-3081 3037--3042 1 Supp. No. 3 [4] MICROFILMED BY JORM MICR¢LA13 CEDAR RAPIDS • DES MOINES Supp. No. 1 OC 2 OC 1 2 1 2 3 1 OC 1 1 OC i , ADMINISTRATION § 2-204 (b) Such secretary shall be a nonvoting member of the agency and shall be responsible for the following: (1) Maintenance of all records pertaining to the business of the agency; (2) Preparation of appropriate orders for consideration of the agency; (3) Service of all notifications required of the agency. (Ord. No. 77-2851, § 10, 8-2-77) See. 2.191. Record of appeal. The record of any appeal under this article shall include: (1) All notices, petitions and orders; (2) All evidence received or considered and all other sub- missions; (3) All offers of proof, objections and rulings thereon; (4) All findings and exceptions; (5) Any decision, opinion or report of the agency. (Ord. No. 77-2851, § 10, 8.2-77) Sec. 2-192. Informal dispositions. After commencement of an appeal under this article, in- formal disposition of the matter may be made by any method agreed upon by the parties in writing. (Ord. No. 77-2851, § 5, 8-2-77) Secs. 2-193-2-203. Reserved. ARTICLE X. FINANCIAL PROCEDURES* Sec. 2.204. Opening of bids. The city council shall, by the resolution ordering the adver- tising of bids for public improvements, establish the day and 'Cross reference Library fund account, § 20.4. Supp. No. 3 199 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 'm i I� ADMINISTRATION § 2-204 (b) Such secretary shall be a nonvoting member of the agency and shall be responsible for the following: (1) Maintenance of all records pertaining to the business of the agency; (2) Preparation of appropriate orders for consideration of the agency; (3) Service of all notifications required of the agency. (Ord. No. 77-2851, § 10, 8-2-77) See. 2.191. Record of appeal. The record of any appeal under this article shall include: (1) All notices, petitions and orders; (2) All evidence received or considered and all other sub- missions; (3) All offers of proof, objections and rulings thereon; (4) All findings and exceptions; (5) Any decision, opinion or report of the agency. (Ord. No. 77-2851, § 10, 8.2-77) Sec. 2-192. Informal dispositions. After commencement of an appeal under this article, in- formal disposition of the matter may be made by any method agreed upon by the parties in writing. (Ord. No. 77-2851, § 5, 8-2-77) Secs. 2-193-2-203. Reserved. ARTICLE X. FINANCIAL PROCEDURES* Sec. 2.204. Opening of bids. The city council shall, by the resolution ordering the adver- tising of bids for public improvements, establish the day and 'Cross reference Library fund account, § 20.4. Supp. No. 3 199 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 'm U § 2.204 IOWA CITY CODE time that the city manager, city clerk, city engineer, or other designated officer shall conduct the meeting of hearing, as required in connection with the receiving and opening of such bids and announcing the results. Such officer shall thereupon report the results of the bidding, together with his/her recom- mendations to the council at its next regular meeting. (Code 1966, § 2.61.1; Ord. No. 2430) Sec. 2-205. Award of contracts At the next council meeting at which it receives such report and recommendation, the city council shall, after receiving such report and recommendations, award a contract, reject all bids or defer the award to a future time. The council shall also determine, if any, the number of bid securities which shall be returned. (Code 1966, § 2.61.2; Ord. No. 2430) Sec. 2.206. Issuance of industrial revenue bonds (a) Nonrefundable deposit. Whenever and as often as any Person shall request the city to finance any project by issuance of its industrial revenue bonds, such request shall be accom- panied by a nonrefundable deposit in the amount of five thousand dollars ($6,000.00) to cover preliminary expenses of the city in its investigation of the desirability and feasibility of such financing. Such payment will be disbursed by the city to cover such expenses regardless if any such financing is completed, but may be repaid as a project cost from bond proceeds if and when such bonds are issued. (b) Financing fee. The city shall charge a financing fee at which time the bonds are issued by it under the provisions of this section. Fees shall be not less than five thousand dollars ($5,000.00) nor greater than the amount equal to ten dollars ($10.00) per one thousand dollars ($1,000.00) of bonds for the first one million dollars ($1,000,000.00) of bonds issued, five dollars ($5.00) per one thousand dollars ($1,000.00) of bonds for the next four million dollars ($4,000,000.00) of bonds issued, and two dollars ($2.00) per one thousand dollars ($1,000.00) of bonds for any amounts issued in excess of five million dollars ($6,000,000.00). The maximum allowable fees Supp. No. 3 266 MIC10111MED 3Y JORM MIC Rf�LAB CEDAR RAPIDS • DES MOINES is ADDIINISTRATION § 2-206 shall be calculated on the principal amount of bonds issued at each time of issuance of such bonds by the city. The financing fee established by this section, along with the nonrefundable deposit established herein, shall be deemed to cover all of the services rendered by any and all officers and employees of the city and the expenses incurred in connection therewith and shall be considered to be a project cost payable out of the bond proceeds. (e) Relationsltip to other ordinances. If any provision of this section conflicts with any provision of other ordinances, the more restrictive provision shall apply. (Ord. No. 79-2961, §§ 1-3, 7-17-79) Editor's note—ord. No. 79-2961, §§ 1-3, adopted July 17, 1979, did not specifically amend the Code; thus, codification as § 2-206 has been at the editor's discretion. State law reference—bfunicipalities enabled to issue industrial reve- nue bonds, I.C.A., Ch. 419. Supp. No. 3 01 MICROFILMEO BY JORM MICR+LAB CEDAR RAPIDS • DES MOIRES [The next page Is 261] y8y M .....:........ i i M .....:........ i, i r I ALCOHOLIC BEVERAGES 6 6•6 (c) License application. A verified application for a license to allow dancing in connection with the operation of a liquor control license or a class B beer permit shall be filed with the city clerk and shall contain the following information: (1) The name and address of the applicant. (2) The location of the place of business of the liquor con- trol license or class B beer permit. (3) That he/she is a bona fide holder of a liquor control license or a class B beer permit. (4) That he/she consents to the entry of members of the city police, fire, and health departments without a search warrant to inspect the premises for violations of this ordinance. (5) A statement from the chief of police, the fire chief, and the building inspector that the premises comply with the ordinances of the city and the statutes of the state. (6) A detailed sketch and description of the premises. Such sketch shall include all rooms or enclosures which are operated in connection with the liquor control license or class B beer permit wherein the dancing shall, be allowed and shall show the area designated for dancing and its dimensions. (7) A check, money order, or bank draft for the license fee required by the provisions of this section. (d) License fee. The annual license fee shall be fifty dollars ($50.00) for each two hundred (200) square feet of dancing area. Such fee shall be prorated for fractions of the square foot requirements. The initial license shall be valid for the same time period as the applicant's liquor control license or class B beer permit, and the cost thereof shall be prorated on that basis of time. (e) License issuance. If an application is in the proper form, the city clerk shall place the application on the agenda of the next regular council meeting at which the city council may by resolution grant a license if this section has been com- Supp. No. 3 369 MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES y�y I I V § 5.6 IOWA CITY CODE plied with. If the resolution is approved, the city council shall I issue a license to the applicant. (f) Revocation of liccnse. In the event that an applicant violates any of the provisions of this chapter, or chapter 123 of the Code of Iowa, his/her license shall be automatically re- voked; and no refund shall be made of the license fee. (g) Refunds. Any license holder who shall voluntarily sur- render his license shall be entitled to a refund for the balance of the term remaining. (Code 1966, § 5.24.26; Ord. No. 2639) Cross reference—Amusements generally, Ch. 6. Sec. 5-7. Dances for minors in connection with business— Generally. (a) Dances may be held for persons who are sixteen (16) years of age or older in establishments which hold beer or liquor licenses; however, no beer or liquor may be sold or consumed or in the possession of any person nor dis- played on the premises during the dances. (b) Dances may be held in said establishments between the hours of 1:00 p.m. and 11:00 p.m. each day. (c) The owner of the establishment shall provide a door- keeper at the entrance to determine the age of patrons, to determine that the occupancy limit is not exceeded in the establishment, and to check that patrons do not bring beer or liquor into the establishment. (Ord. No. 79-2959, § 2, 6-19-79) Sec. 5.8. Same—Permit required. The owner of the establishment shall make application to the city clerk for a dance permit. The application shall state the portion of the premises where dances shall be held, the hours proposed, and the provision for a doorkeeper. If the application indicates an intent to comply with this section, a dance permit shall be issued by the city council for j one year at no cost. (Ord. No. 79-2959, § 2, 6-19-79) i Supp. No. 3 370 i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 9 ALCOHOLIC BEVERAGES § 6-20 Sec. 5.9. Same—Revocation of permit. In the event that the provisions of sections 5-7 or 5-8 are Violated, the permit shall be automatically revoked, (Ord. No. 79-2959, § 2, 6-19-79) Secs. 5-10-5.17. Reserved. ARTICLE II. LIQUOR CONTROL LICENSES AND BEER PERMITS Sec. 5-18. Required. No person shall sell beer at retail in the city, nor shall any Person sell alcoholic liquor in the city for consumption on the premises, without first obtaining a beer permit or a liquor control license as required by state law and subject to the provisions of this article. Sec. 5-19. Classesofbeerpermils. Freer permits shall be classed as follows: (1) Class B. A class B beer permit shall allow the holder to sell beer at retail for consumption on or off the premises. (2) Class C. A class C beer permit shall allow the holder to sell beer at retail for consumption off the premises only. Such sales shall be in original containers only. No class C permit shall be issued to any person except the owner or proprietor of a grocery store or phar- macy. (Code 1966, § 5.24.4; Ord, No. 2605) Sec. 5.20. Classes of liquor control licenses. Liquor control licenses shall be classed as follows: j (1) Class i1. A class A liquor control license issued to a club shall authorize the holder to purchase alcoholic liquor from the department only, and to sell such liquors and beer to bona fide members and their guests by the individual drink for consumption on the premises only. Supp. No. 3 371 MICROFILMED BY JORM MIC Rf�LA6 CEDAR RAPIDS • DES MOINES I MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES f i § 6-20 LONA CITY CODE I (2) Class B. A class B liquor control license issued to a ho- tel or motel shall authorize the holder to purchase al- coholic liquor from the department only, and to sell such liquor and beer to patrons by the individual drink for consumption on the premises only; however, beer may also be sold for consumption off the premises. Each such license shall be effective throughout the premises described in the application. (3) Class C. A class C liquor control license issued to a commercial establishment shall be issued in the name of the individual who actually owns the entire business and shall authorize the holder to purchase alcoholic liquors from the department only, and to sell such liquors and beer to patrons by the individual drink for consumption on the premises only; however, beer may also be sold for consumption off the premises. (Code 1966, § 5.24.4; Ord. No. 2605) Sec. 5.21. Separate beer permits required for separate lora- lions where beer is sold. Each person holding a class E or class C beer permit having more than one place of business where beer is sold shall be required to have a separate beer permit for each separate place of business, except as otherwise prohibited by state law. (Code 1966, § 5.24.7; Ord. No. 2605) Sec. 5.22. Application; bond. A verified application for the original issuance or the re- newal of a liquor control license or a beer permit shall be filed at such time, in such number of copies and in such form as the state director of beer and liquor control shall prescribe, on forms prescribed by him/her. The application shall be.ao- companied by the required fee and bond and shall be filed with the city council for approval or disapproval. The bond to he submitted shall be in a form prescribed by the state director and in the fallowing amounts: Supp. No. 3 �... 372 i MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES f I ALCOHOLIC BEVERAGES § 5-25 (1) With any liquor control license, the bond shall be five thousand dollars ($5,000.00) and shall be conditioned upon the payment of all taxes payable to the state under the provisions of the Iowa Beer and Liquor Con- trol Act and upon compliance with all provisions of the state law. (2) With any beer permit, the bond shall be five hundred dollars ($500.00) and shall be conditioned upon the faithful observance of the Iowa Beer and Liquor Con- trol Act. (Code 1966, § 5.24.6; Ord. No. 2605) Sec. 5-23. Personseligible. Upon meeting the requirements imposed by state law, the provisions of this Code and other ordinances of the city, a person who is of good moral character as defined by state law and this Code may apply for a liquor control license or a beer permit. In the case of a club, corporation or partnership, the officers of the club or corporation and the partners of a partnership shall be persons of good moral character as de- fined by state law and this chapter. (Code 1966, § 6.24.2; Ord. No 2GO5) Sea 5-24. Reserved. Editor's note—Ord. No. 79.2972, § 2, adopted Sept. 25, 1979, re- pealed § 5.24, prohibiting interest in more than one class of beer permit and derived from Code 1966, § 5.24.6 and Ord. No. 2605. Sec. 5-25. Investigation of applicant. (a) It shall be the responsibility of the applicant for an origi- nal beer or liquor license to obtain an application for the appro- priate license from the city clerk at least twenty-one (21) days before the date on which the applicant desires the city council to consider the application. The council will normally consider such applications only at regularly scheduled formal Supp No. 3 872.1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES W W N 'r I ALCOHOLIC BEVERAGES § 5-25 (1) With any liquor control license, the bond shall be five thousand dollars ($5,000.00) and shall be conditioned upon the payment of all taxes payable to the state under the provisions of the Iowa Beer and Liquor Con- trol Act and upon compliance with all provisions of the state law. (2) With any beer permit, the bond shall be five hundred dollars ($500.00) and shall be conditioned upon the faithful observance of the Iowa Beer and Liquor Con- trol Act. (Code 1966, § 5.24.6; Ord. No. 2605) Sec. 5-23. Personseligible. Upon meeting the requirements imposed by state law, the provisions of this Code and other ordinances of the city, a person who is of good moral character as defined by state law and this Code may apply for a liquor control license or a beer permit. In the case of a club, corporation or partnership, the officers of the club or corporation and the partners of a partnership shall be persons of good moral character as de- fined by state law and this chapter. (Code 1966, § 6.24.2; Ord. No 2GO5) Sea 5-24. Reserved. Editor's note—Ord. No. 79.2972, § 2, adopted Sept. 25, 1979, re- pealed § 5.24, prohibiting interest in more than one class of beer permit and derived from Code 1966, § 5.24.6 and Ord. No. 2605. Sec. 5-25. Investigation of applicant. (a) It shall be the responsibility of the applicant for an origi- nal beer or liquor license to obtain an application for the appro- priate license from the city clerk at least twenty-one (21) days before the date on which the applicant desires the city council to consider the application. The council will normally consider such applications only at regularly scheduled formal Supp No. 3 872.1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES W W N 0 I BUILDINGS AND BUILDING REGULATIONS § 5-17 means of exterior glazed openings with an area not less than one-tenth (1/10) of the floor area of such rooms with a minimum of ten (10) square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one -twentieth (1/20) of the floor area of such rooms with a minimum of one and one-half (11/•z) square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one -twentieth (1/20) of the floor area of such rooms with a minimum of five (5) square feet. In lieu of required exterior openings for natural ventila- tion, a mechanical ventilating system may be provided. Such system shall be capable of providing two (2) air -changes per hour in all guest rooms, dormitories, habitable rooms and in public corridors. One-fifth (yo) of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms and similar rooms a mechani- cal ventilation system connected directly to the outside, ca- pable of providing five (5) air changes per hour, shall be provided. For the purpose of determining light and ventilation re- quirements, any room may be considered as a portion of an adjoining room when one-half (1/2) of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth (1/10) of the floor area of the interior room or twenty-five (25) square feet, which- ever is greater. Required exterior openings for natural light and ventilation fshall open directly onto a street or public alley or a yard or court located on the same lot as the building. Exception No. 1: Required windows may open into a roofed porch where the porch: A. Abuts a street, yard, or court; and !�. Supp. No. 3 689 ------------ V -- MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES § 8.17 IOWA CITY CODE B. Has a ceiling height of not less than seven (7) feet; and C. Has the longer side at least sixty-five (65) per cent open and unobstructed. Exception No. 2: Kitchens may be provided with natural light by means of exterior glazed openings with an area not less than three (3) per cent of the floor area of such rooms with a minimum of three (3) square feet, provided that a mechanical ventilation system capable of providing two (2) air changes per hour and artificial lighting is provided. (Ord. No. 78-2925, § II(2),10-4-78) (12) Section 1407(b). Floor area is amended to read as follows: Every dwelling unit shall have at least one room which shall have not less than one hundred fifty (150) square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than eighty (80) square feet. (Ord. No. 77-2859, § 3, 9.6-77) (13) Section 1718. Trusses is hereby amended to read as follows: Preparation, fabrication and installation of trusses shall conform to accepted engineering practices and to the re- quirements of this code. No alterations, including but not limited to cutting, splicing or removal of webs, gussetts or chords, shall be made without approval of a certified engineer and the building official. Any alterations not ac- ceptable to the building official shall be ordered removed. (Ord. No. 78-2912, § 2, 7-25-78) (13.1) Section 2811(h). Miscellaneous structures is amend- ed to read as follows: Lath houses and agricultural buildings shall be designed for the horizontal wind pressures as set forth in Table No. 23-F, except that if the height zone is twenty (20) feet or less, two-thirds of the first line of listed value may be used. For greenhouses and prefabricated metal sheds, four hundred (400) square feet or less and twenty (20) feet or Supp No.3 640 0 MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES i' I a �\ BUILDINGS AND BUILDING REGULATIONS § 8.17 less in height, one-half of the first line of listed values in Table No. 23-F may be used. The structures shall be de- signed to withstand and uplift wind pressure equal to three-fourths of the horizontal pressure. (Ord. No. 79- 2970, § 2, 9-18-79) (14) Section 3205(a). Access is amended to read as follows: An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction. The opening shall be located in a corridor or hallway of buildings of three (3) or more stories in height and readily accessible in buildings of any height. Closets are not deemed readily accessible. :.:....:....:........... . SUPP. No. 3 l 640.1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES VON AI ELECTRICITY li 11.41 cation to the electrical inspector. Each application shall be accompanied by a receipt from the city for the examination fee, as set out hereafter. The examination shall be practical, written or oral or a combination thereof, and shall be of such a nature as to uni- formly test the capabilities of all applicants for the same type of license. The applicant shall clearly demonstrate to the board his/her qualifications for the particular license and show satisfactory knowledge of the methods and standards for doing electrical work under the electrical code of the City of Iowa City, Iowa. If an applicant fails to pass an examination, he/she may apply for re-examination at the end of six (6) months and upon payment of another examination fee. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-39. License fees. The fees for examinations and licenses shall be established by resolution of council. (Ord. No. 78.2884, § III, 3-7-78) Sec. 11-40. License expiration and renewal. All licenses shall expire on January 1 of each year. Any license that has expired may be reinstated within sixty (60) days after the expiration date upon payment of a reinstate- ment fee. After the expiration of the aforementioned sixty- day period, no license or certificate shall be renewed except upon recommendation of the board. (Ord. No. 78.2884, § III, 3-7-78) Sec. 11-41. Required license with the city. No person shall install, alter, maintain or repair any elec- trical equipment unless such person shall have first obtained a master electrician's license. [Holders of] master electri- cians' licenses granted by the city prior to passage of this code shall be issued a new license without taking the examl, nations herein provided. Supp. No. 3 746 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES W I I IOWA CIT] CODE 11-41 person can apply for a master electrician's lies . Before a P ourneyman's license for one Y he/she must carry a j Either a licensed master or journeyman electrician shall be on the job at all times while electrical work is in progress. The provisions of this section shall not apply to: (a) The electrical work of a public utility company,Pererformorm- phone or telegraph company, nor the persons p" Ing electrical work as an integral part of the plant used by such company in rendering ized serv- ts duly authorized ice to the public. (b) A regular employee of any railroad who does electrical mployment. work only as a part of that e (c) The service or maintenance of warm air heating a sball merit provided that such work or maintenance nt only include electrical work on electrical 1nen . Snch that is part of such warm air heating 4 P . beatingwarm air equipment toan existing inn include ndividual branch circuit. (d) Section 11-62. it shall an ualified for it. No ]i - Whenever amaster electrician license is issue be in the name of the person who as 4 ration. cense shall be issued in the name ci a firm terminate employment to ment In the event all licensed etfierf m ocorporation shallnot that with a firm or corporation, except be permitted re i o any further electrical , at the discretion work under previously issued permits may, inspector, be completed. A master electrician corporation of the electrical Ord, No. who terminates his/her association ctor iimmediatelyc shall notify the electrical inspector 2, 9-11-79) 78-2884, 4 III, 3-7-78; Ord. No. 79 2967, 4 Sec. 11.42. Master electrician's insurance* ration employ- Ee firm or ach master electrician or thwork underotrfi s chapter shall ing a master electrician doing Supp. No. 3 146 MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES n \ r i MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES a i I GARBAGE, TRASH AND REFUSE* ,1 Div. 1. Generally, §§ 15-22-15-28 Div. 2. Permit, §§ 15-29-1644 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES a Chapter 15 I GARBAGE, TRASH AND REFUSE* Art L In General, §§ 15.1-15.21 Art. 11. Collectors, §§ I5.22-15-44 Div. 1. Generally, §§ 15-22-15-28 Div. 2. Permit, §§ 15-29-1644 Art. Ili. Storage, §§ 15.45-15.61 Art IV. Collection, Transportation and Disposal, §§ ]5-62-15-76 Art V. Littering, §§ 15-77-15.90 ARTICLE 1. IN GENERAL Sec. 15.1. Purpose. The purpose of this chapter is to provide for the health, safety, and welfare of the citizens of the city by regulating the storage, collection, transportation, processing and dis- posal of solid waste, and providing for the collection and dis- posal of solid C waste. (Ord. No. 75-2790, § 1,11-25-75) Sec. 15-2. Definitions. For the purposes of this chapter the following terms shall be deemed to have the meanings indicated below: Bulky rubbish means non-putrescible solid wastes consisting Of combustible and/or non-combustible waste materials which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available. Collection means removal of solid waste from its place of storage to the transportation vehicle. Commercial solid waste means solid waste resulting from the operation of any commercial, industrial, institutional, agricultural or other establishment, and multiple housing fa- cilities with more than four (4) dwelling units. 'Cross references—Food and food establishments, Ch. 18; health and sanitation, Ch, 16; housing, Ch. 17; junk dealers, funk pickers and pawnbrokers, Ch. 19; garbage receptacles in mobile home parka, § 22-89; plumbing, Ch. 28; sewers and sewage disposal, Ch. 88, Art L Supp. No. 3 I 981 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES a r E § 16.2 IOWA CITY CODE Demolition and construction waste means waste materials from the construction or destruction of residential, industrial or commercial structures. Director means the city manager or his/her authorized rep- resentative. Disposable solid waste container means disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste. Dnoelling unit means any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating. Garbage means putrescible animal or vegetable wastes re- sulting from the handling, preparation, cooking, serving, or consumption of food. Hazardous wastes includes but is not limited to path- ological wastes, explosive wastes, pesticides, pesticide con- tainers, toxic or radioactive materials. Multiple housing facility means a housing facility contain- ing more than one dwelling unit under one roof. Occupant means any person, who alone or jointly or sev- erally with others, shall be in actual possession of any dwell- ing unit or of any other improved real property, either as owner or tenant. Processing means incinerating, composting, bailing, shred- ding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quan- tity is reduced. Refuse means solid waste. Residential solid waste means solid waste resulting from the maintenance and operation of dwelling units, excluding mul- tiple housing facilities with more than four (4) dwelling units. Rooming unit means any room or group of rooms forming a single habitable unit in a rooming house or dwelling used Supp. No. 3 982 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES 1 A c GARBAGE, TRASH AND REFUSE § 15.4 or intended to be used for living and sleeping, but not for cooking or eating of meals. Solid waste means unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and con- struction wastes. Solid waste container means a receptacle used by any per- son to store solid waste during the interval between solid waste collections. Solid waste disposal means the process of discarding or getting rid of unwanted material. In particular the final dis- position of solid waste by man. Solid waste management meals the entire solid waste sys- tem of storage, collection, transportation, processing and dis- posal. Storage means keeping, maintaining or storing solid waste from the time of its production until the time of its collec- tion. Transportation means the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area. Yard wastes means grass clippings, leaves, tree and bush trimmings. (Ord. No. 75-2790, § II, 11-25-75; Ord.. No. 79- 2958, § IA, B, 6-19-79) Cress reference—Rules of construction and definitions generally, § 1.2. Sec. 15-3. Effect of chapter on county ordinances. Nothing in this chapter shall be deemed to affect, modify, amend or repeal any provision of any ordinance administered by the county health department. (Ord. No. 75-2790, § XIV, 11-25-75) Sec. 15.4. Inspections. In order to insure compliance with the laws of this state, this chapter, and the rules promulgated pursuant thereto, the Supp. No. 3 983 MICROFILMED 8Y JORM MIC R�LA8 CEDAR RAPIDS DES MOINES y?/ U I § 16.4 IOWA CITY CODE ,s agement within the city. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violations of this chapter or rules promulgated thereto for the storage, collection, transportation, processing or disposal § 16.4 IOWA CITY CODE director is authorized to inspect all phases of solid waste man- agement within the city. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violations of this chapter or rules promulgated thereto for the storage, collection, transportation, processing or disposal of solid waste, or the laws of the state, the director shall issue a notice for each such violation in accordance with sec- tion 15.5 of this chapter. (Ord. No. 75-2790, § VII(7.5), 11- 25-75) Sec. 15.5. Director's rule-making authority. (a) The director may make, amend, revoke and enforce reasonable and necessary rules and regulations, governing, but not limited to: (1) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof. (2) Weight and size limitations on bundles of solid waste too large for solid waste containers. (3) Sanitation, maintenance and replacement of solid waste containers. (4) Schedules and routes for collection and transportation of solid waste by city personnel. (5) Collection points of solid waste containers. (6) Collection, transportation, processing and disposal of solid waste. (7) Disposal facilities and the use thereof. (8) Storage of solid waste in solid waste containers. (9) Records of quantity and type of wastes received at dis- posal facilities. (10) Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc. Supp No. 3 i 984 l i I i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I GARBAGE, TRASH AND REFUSE § 16-7 (11) Special carry -out service for the elderly and handi- capped. (12) Collection of residential solid waste resulting from the operation and maintenance of more than four (4) dwelling units. (13) Billing and collection of disposal service charges at the city landfill. (14) Hours of operation for the city landfill. (b) A copy of any and all rules and regulations issued under the provisions of this section shall be filed in the office of the city clerk and shall be available for public inspection during normal business hours. (Ord. No. 75-2790, § IX, 11- 25-75) Cross reference—Administration generally, Ch. 2. Sec. 15.6. Lien for services. If the city desires not to withhold solid waste management �• services for public health reasons, it may provide the services, and certify that reasonable cost of these services to the county auditor, where this cost shall constitute a lien upon the prem- ises served, to be collected in the same manner as taxes. (Ord. No. 75-2790, § X, 11-25-75) Sec. 15.7. Prohibited practices. (a) It shall be unlawful for any person to: (1) Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of such container; (2) Interfere in any manner with solid waste collection and transportation equipment; or. with solid waste collec- tors in the lawful performance of their duties. (b) No person shall throw, cast or lay any garbage into any public receptacle placed upon the streets of the city by the municipality for the deposit of debris. (Code 1966, § 7.14- 4 (B) ; Ord. No. 75-2790, § XI, 11-25-75) Supp. No. 3 986 MICROFILMED BY JORM MICR+LAB ii CEDAR RAPIDS • DES MOINES a I a 0 § 15.8 IOWA CITY CODE Sec. 15.8. Violations—Notice. (a) If the city determines that any person is in violation of this chapter, or any rule promulgated t chapter, the city may withhold solidw waste management ices from that person, may deny or revoke any permit applied for or held under article II of this chapter, or may dispose of a garbage container that does not conform to section 15-47 (a) and (b) of this chapter. (b) Notice and disposition of any such determination made by the city shall be given or made in accordance with the Iowa City Administrative Code, Chapter 2, Article IX, Code of Ordinances of the city, unless some other section specifies a different notice or disposition, in which case that different notice or disposition shall be controlling. (c) The notice shall: (1) Be in writing; (2) State that the city has determined that a violation of this chapter hits been found; (3) Describe the violation in reference to the applicable provisions of this chapter or rules; (4) Advise that the person determined to be in violation may secure an administrative hearing upon such deter- mination by filing a written request within seven (7) days after service of the notice with the director of public works of the city; (5) State that the city's determination will become a final order unless an administrative hearing is requested; (6) Advise what steps can be taken to remedy the violation. (d) The notice shall be deemed to be properly served if it is served personally, or if a copy thereof is sent to the person by certified mail, return receipt requested, at his/her last known address. (Ord. No. 75-2790, § VIII (8.1), (8.2), 11- 25-75; Ord. No. 79-2958, § 1C, 6-19-79) i Supp. No. 3 986 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES C, GARBAGE, TRASH AND REFUSE § 15.0 Sec. 15-9. Same—Hearing; subsequent action. (a) Any person who shall be served a notice in connection with the enforcement of any provision of this chapter or rule promulgated pursuant thereto, may request a hearing thereon before the city manager, or person designated by him/her (hereinafter the hearing officer), within seven (7) days after I _ i ' I 986.1 MICROFILMED BY JORM MICR+LAB R! CEDAR RAPIDS • DES MOINES M I J I J GARBAGE, TRASH AND REFUSE § 16-67 of the notice. Notices for purposes of this section shall be at inched to the container determined to be in violation, shall be easily observable, and shall supply information as to how a hearing may be obtained. A hearing upon the determination may be obtained according to the provisions of section 15-9. (Ord. No. 75-2790, § I11(3.3), (3.4), (3.8), 11-25.75) Sec. 15.48. Same—Location. Residential solid waste containers shall be stored upon private property. Commercial solid waste containers shall be stored upon private property unless the owner shall have been granted written permission from the city use public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and 11- fire inspection personnel. (Ord. No. 75-2790, § III 25-75) Sec. 15-49. Limbs and brush. Tree and bush limbs less than four (4) inches in diameter and brush shall be securely tied in'bundles not larger than forty-eight (48) inches long and eighteen (18) inches in di- i ameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds. (Ord. No. 75-2790, § III (3.6),11-25-75) Sec. 15.50. Yard wastes. Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes. The individualweight of any not ex- ceed seventy five (75) pounds (Ord. No. 75-2790, ner and contents §III(3.7,) 11-25-75) Secs. 15.51-15.61. Reserved. I Supp, No. 3 991 II y� MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES § 15-62 IOWA CITY CODE ARTICLE IV. COLLECTION, TRANSPORTATION AND DISPOSAL Sec. 15.62. Collection. (a) Residential; four or fewer dwelling units. Once per week, as reasonably possible, the city shall collect all residen- tial solid waste resulting from the operation and maintenance of four (4) or fewer dwelling units. This residential solid waste collection shall be mandatory, and private collection shall not be allowed. The city may establish a reasonable fee for this service by resolution. For purposes of this sub- section, two (2) rooming units shall be deemed the equivalent of one dwelling unit. Home businesses otherwise meeting the requirements of this subsection shall also receive residential solid waste collection service provided that the residential use is the primary use, and further provided that there shall be no sign on the premises concerning the business use larger than one square foot in area. The director may exempt qualifying dwellings from the operation of this subsection if he/she finds that the solid waste from the dwelling is being collected along with commercial solid .waste from an abutting estab- lishment, when the dwelling and the establishment are part of one complex of buildings serving a unified purpose. (b) Bulky rubbish. Bulky rubbish from premises to which collection services are provided by the city will be collected upon request if it does not exceed reasonable limitations of weight and bulk to be fixed by regulations to be made and promulgated by the director. (c) Tree limbs, yard wastes. Tree limbs greater than four (4) inches in diameter shall be collected as bulky rubbish. Tree limbs and yard wastes created by commercial tree service operations or by the clearing of land for construction will not be collected. (d) Times; location of containers for pickup. Solid waste containers, tree limbs and yard wastes as described in sections 15-49 and 15-50, respectively, and other solid waste permitted to be placed at the curb shall be placed at the curb of the Supp. No. 3 992 MICRDFILMED BY JORM MICR AB CEDAR RAPIDS • 0 ES MOINES C; i I L' GARBAGE, TRASH AND REFUSE § 16.63 street upon which the dwelling fronts for collection. Place- ment shall not occur before 3:00 p.m. on the day before the regularly scheduled collection day. Containers shall be re- moved from the curb on the same day collection is made, and returned to a place as near as reasonably possible to the side or back of any permanent building on the property. (e) Responsibility of owner/user for compliance. The owner of any dwelling containing two (2), three (3) or four (4) dwelling units shall be responsible for compliance with the provisions of section 15-62(d). For single-family dwell- ings, the person who pays the solid waste collection fee shall be responsible for compliance with the provisions of section 15-62(d); if no person pays the fee, the owner shall be re- sponsible. (f) Certain waste not subject to collection by city. The city shall not collect any commercial solid waste, except from its own property; nor shall the city collect any residential solid waste from any dwelling units within a structure which in addition contains the operation of any commercial, indus- trial, institutional, agricultural or other establishment. (g) Responsibility of collectors. Solid waste collectors shall be responsible for the collection of solid waste from the point of collection to the transportation vehicles provided the solid waste was stored in compliance with sections 1547(a) and (b), 15-48, 1549 and 15-50 of this chapter. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transporta- tion vehicle by the solid waste collector. (Ord. No. 75-2790, § IV, 11-25-75; Ord. No. 79.2958, § 1(D), 6-19-79; Ord. No. 79-2971, § 1, 9-18-79) Sec. 15.63. Transportation. (a) All transportation vehicles shall be maintained in a safe, clean and sanitary condition, and shall be constructed, maintained and operated to prevent spillage of solid waste. All vehicles used for transportation of solid waste shall be constructed with water -tight bodies and with covers which Supp. No. 3 993 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES X I U § 16-63 IOWA CITY CODE shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured when- ever the vehicle is transporting solid waste, or, as an alterna- tive, the entire bodies shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers. (b) Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excava- tion activities; however, all such material shall be conveyed in tight vehicles, trucks or receptacles, constructed and main- tained so that none of the material being transported shall spill upon the public right-of-way. (c) Transportation and disposal of demolition and construc- tion wastes shall be in accordance with this section and 15-64. (Ord. No. 75-2790, § VI(6.1), (6.2), 11-25-75) Sec. 15.64. Disposal. (a) Solid wastes shall be deposited at a processing facility or disposal area approved by the city and complying with all requirements of state law. (b) The director may classify certain wastes as hazardous wastes which will require special handling and shall be dis- posed of in a manner acceptable to the director and which will meet all local, state and federal regulations. (Ord. No. 75-2790, § VI(6.1), (6,2),11-25-75) Sec. 15-65. Fees The council may establish fees for the storage, collection, transportation, processing and disposal of solid waste by reso- lution. (Ord. No. 75-2790, § VI(6.3), 11-25-75; Ord. No. 77- 2846, § II, 7-12-77) Secs. 15.66-15-76. Reserved. Supp No.3 994 i I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES K GARBAGE, TRASH AND REFUSE § I5-78 ARTICLE V. LITTERING Sec. 15-77. Short title. This article shall be known and may be cited as the Iowa City Anti -Litter Ordinance. Sec. 15-78. Definitions. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them: Aircraft is any contrivance now known or hereafter in- vented, used nr designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter - than -air dirigibles and balloons. Authorized private receptacle is a litter storage and col- lection receptacle as rewired and authorized in article III of this chapter. Litter is "garbage," "refuse" and "rubbish" as defined in this chapter and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. Newspaper is any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed Supµ No.3 999.1 i a I r f GARBAGE, TRASH AND REFUSE § I5-78 ARTICLE V. LITTERING Sec. 15-77. Short title. This article shall be known and may be cited as the Iowa City Anti -Litter Ordinance. Sec. 15-78. Definitions. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them: Aircraft is any contrivance now known or hereafter in- vented, used nr designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter - than -air dirigibles and balloons. Authorized private receptacle is a litter storage and col- lection receptacle as rewired and authorized in article III of this chapter. Litter is "garbage," "refuse" and "rubbish" as defined in this chapter and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. Newspaper is any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed Supµ No.3 999.1 i I r MICROFILMED BY JORM MICR+LAE ^ CEDAR RAPIDS • DES MOINES 1- L N, I I Chapter 17 HOUSING* Sec. 17.1. General provision.. The following general provisions shall apply in the inter- pretation and enforcement of this chapter: (a) Legislative finding. It is hereby found that there exist and may in the future exist, within the City of Iowa City, premises, dwellings, dwelling unite, rooming unite or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use or occupancy affect or are likely to affect adversely the public health (including the physical, mental and social well-being of Persons and families), safety and general welfare, To correct and prevent the existence of such adverse con- ditions and to achieve and maintain such levels of residential environmental quality as will protect and Promote public health, safety and general welfare, it is further found that the establishment and enforce- ment of minimum housing standards are required. (b) Purpose.. It is hereby declared that the purpose of this chapter is to protect, preserve and promote the physical and mental health and social well-being of the People, to prevent and control the incidence of com- municable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwell- ings for the purpose of maintaining adequate sanita- tion and public health and to protect the safety of the *Editor's note—As it is currently set ouk Ch. 17 is basically de- rived from Ord. No. 78-2891, § 11, enacted May 0, 1978; prior to the enactment of the above ordinance Ch. 17 was derived from the follow- ing legislation: Code 19csH 9,30.1-9.30,10; Ord. No. 2416; Ord. No. 2438; Ord. No. 2496; Ord. No. 2621; Ord. No. 2667. Ord. No. 78.2891, § III, repealed the following ordinances: 2d38; Ord, No. 2416; Ord. No. Ord. No. 2496; Ord. No. 2621; Ord. No. 8: 557. 2, Art VI; buildings Crone referencings and Department of housing and inspection service., Ch. building regulations, Ch. 8; electrical regula- tions, Ch. 11; fire prevention nod protection, Ch. 12; plumbing, Ch. 28. Supp. No. 3 1149 MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES 4 17.1 IOWA CITY CODE i People and to promote the general welfare by legisla- I , 4 17.1 IOWA CITY CODE People and to promote the general welfare by legisla- tion which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this chapter is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including establishment of minimum standards for basic equip- ment and facilities for light, ventilation and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occu- pancy and for an adequate level of maintenance; de- termination of the responsibilities of owners, operators and occupants of dwellings; and provision for the ad- ministration and enforcement thereof. (c) Scope. The provisions of this chapter shall appy uni- formly to the construction, maintenance, use and oc- cupancy of all residential buildings and structures, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy and main- tenance of all existing residential buildings and struc- tures within the jurisdiction of the City of Iowa City irrespective of the date of construction. (d) Title. This chapter shall be known and may be cited as the Housing Maintenance and Occupancy Code of the City of Iowa City, hereinafter referred to as "the Housing Code". (Ord. No. 78-2891, § II, 5.9-78) Sec. 17.2. Definitions. The following definitions shall only apply in the interpreta- tion and enforcement of the Housing Code: Accessory structure shall mean a detached structure which is not used, or not intended to be used, for living or sleeping by human occupants. Adjoining grade shall mean the average elevation of the ground which extends three (3) feet from the perimeter of the dwelling. Supp, No. 3 1150 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES I U I I I I HOUSING § 17.2 Approved shall mean approved by or in accordance with regulations established by the housing inspector. Attic shall mean any story situated wholly or partly within the roof and so designed, arranged or built to be used for business, storage or habitation. Basement shall mean a portion of a building located partly underground, but having three and one-half (31/2) feet or more Of its floor -to -ceiling height above the average grade of the adjoining ground. Bath shall mean a bathtub or shower stall properly con- nected with both hot and cold water lines. Cellar shall mean a portion of a building located partly or wholly underground and having less than three and one-half (31/2) feet of its floor -to -ceiling height above the average grade of the adjoining ground. Central heating system shall mean a single system supply- ing heat to one or more dwelling unit(s) or more than one rooming unit. Communal shall mean used or shared by, or intended to be used or shared by, the occupants of two (2) or more rooming units or two (2) or more dwelling units. Court shall mean an open unoccupied space, other than a Yard, on the same lot with a dwelling. A court not extending to the street or front or rear yard is an inner court. A court ex- tending to the street or front yard or rear yard is an Outer court. Dining room shall mean a habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals. Duplex shall mean any habitable structure containing two (2) single dwelling units. Dwelling shall mean any building or structure, except tem- pOrarY housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants and in- cludes any appurtenances attached thereto. Supp. No. 3 1161 MICROFILMED BY JORM MICR+LAF3 CEDAR RAPIDS • DES MOINES M n S 17-2 IOWA CITY CODF. Dwelling unit shall mean any habitable r000m or adjoining habitable rooms located within a dwelling angrouof d fopm- ing a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. Egress shall mean an arrangement of exit routes to assure a safe means of exit from buildings. Exit is a continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, exterior -exit balconies, ramps , stairways, smoke - proof enclosures, horizontal exits, exit passageways, exit courts, walkways, sidewalks and yards. Extermination shall mean the control and elimination of insects, rodents or other pests by eliminating their harborage Places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimina- tion methods approved by the housing inspector. Family shall mean one person or two (2) ormt by a govern. ore persons related by blood, marriage, adoption or placemen mental or social service agency, occu individual, housekeeping organizoccupyifamily may also be ng a living unit as an two (2), but not more than two (2) persons not related by blood, marriage or adoption. Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food and shall also mean combustible waste material, The term shall also include paper, rags, carton, boxes, wood, ex- celsior, rubber, leather, tree branches, yard trimmings and I other combustible materials. Habitable room shall mean a room or enclosed floor space I used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, toilet rooms, laundries, pantries, foyers or communicating corridors, closeta, storage I spaces and stairways. Housing inspector shall mean the official or officials of the City of lowa City appointed to administer the provisions of the Housing Code. Supp. No. 3 1162 ' I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 U HOUSING § 17.2 Infestation shall mean the presence, within or around a dwelling, of any insects, rodents or other pests. Kitchen shall mean a habitable room used or intended to be used for cooking or the preparation of meals. Kitchenette shall mean a food preparation area not less than forty (40) square feet in area. Kitchen sink shall mean a sink of a size and design ade- quate for the purpose of washing, eating and drinking utensils, located in a kitchen, properly connected with a cold water line and a hot water line. Lavatory basin shall mean a handwashing basin which is properly connected with both hot and cold water lines and which is separate and distinct from a kitchen sink. Living vroom shall mean a habitable room within a dwell- ing unit which is used, or intended to be used, primarily for general living purposes. Multiple dwelling shall mean any dwelling containing three (3) or more dwelling units. Occupant shall mean any person, including owner or oper- ator, living, sleeping, cooking in or having actual possession of a dwelling unit or a rooming unit. Operator shall mean any person who rents to another or who has custody or control of a building, or part thereof, in which dwelling units or rooming units are let or who has cus- tody or control of the premises (for rooming houses, see room- ing house operator). Owner shall mean any person who has legal title or equit- able title or has custody or control of any dwelling, dwelling unit or rooming unit as executor, executrix, administrator/ administratrix, trustee or guardian of the estate of the owner. Permit shall mean a certificate certifying that the unit for which it is issued was in compliance with the applicable pro- visions of this chapter when last inspected. Said certificate shall expire one year from the date of issuance, unless sooner suspended or revoked as hereinafter provided and shall be renewed annually. Supp. No. O 1163 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I § 17-2 IOWA CITY CODE �\ Person shall mean any individual, firm, corporation, asso- ciation or partnership. Plumbing shall mean and include all of the following sup- plied facilities and equipment: Gas pipes, gas -burning equip- ment, water pipes, garbage disposal units, waste pipes, toilets, baths, installed dishwash- sinks, lavatories, bathtubs, shower ers and clothes washing machines, water heating devices, catch basins, drains, vents and any other similar supplied fixtures together with all connections to water, sewer or gas lines. Premises shall mean a platted or unplatted lot or part there- of, either occupied or unoccupied by any dwelling or accessory structure. Privacy shall mean the existence of conditions which will permit a person or persons to carry out an activity commenced without interruption or interference by unwanted persons. Public away is any parcel of land unobstructed from the ground to the sky, more than ten (10) feet in width, appro- priated to the free passage of the general public. �. Re/use shall mean waste materials (except human waste) including garbage, rubbish, ashes and dead animals. Refuse container shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions. Roomer shall mean an occupant of a rooming house who is not a member of the family of the rooming house operator of that rooming house and shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. Rooming house shall mean any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. (1) Rooming house -Type I shall mean a rooming house in which spnce is let to more than two (2) but not more than eight (S) roomers. Supp. No. a 1169 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ��. HOUSING § 17-2 (2) Rooming house -Type II shall mean a rooming house in which space is let to nine (9) or more roomers. Rooming house operator shall mean any person who rents to another or who has custody or control of a building, or Part thereof, in which he resides and in which rooming unite are let. Rooming unit shall mean any room or group of rooms form- ing a single habitable unit in a rooming house used or intended to be used for living and sleeping, but not for cooking or eating of meals. Rubbish shall mean inorganic waste material consisting of combustible and/or noncombustible materials. Supplied shall mean paid for, furnished, provided by or under the control of the owner or operator. Temporary housing shall mean any tent, trailer, motor home or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, I/ \ to another structure or to any utilities system on the same premises for more than thirty (30) consecutive days. Toilet shall mean a water closet, with a bowl and trap made in one piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is equipped with flushing rims which permit the bowl to be properly flushed and scoured when water is discharged through the flushing rim. Type Ill dwelling shall mean any dwelling which contains two (2) or more Type III dwelling units. Type III dwelling unit shall mean a dwelling unit that does not have a toilet or bath available for exclusive use by the occupants thereof. Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," or "prem- ises" are used in this chapter, they shall be construed as though they were followed by the words"or any part thereof." (Ord. No. 78-2891, § 11, 6-9-78; Ord. No. 79-2963, § 2(1), 6.8-79; Ord. No. 79-2972, § 2(1), 9-18-79) Supp. No. 3 � 1166 MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS - DES MOINES § 17-3 IOWA CITY CODE Sec. 17.3. Inspection and enforcement. (a) Authority. The housing inspector is hereby authorized to administer and enforce the provisions of the Housing Code and to make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures and prem- ises located within the City of Iowa City, in order that he/she may perform his/her duty of safeguarding the safety and welfare of the occupants of dwellings and of the general public. (b) Access by owner or operator. Every occupant of a dwelling, dwelling unit or rooming unit shall give the owner or operator thereof, or his agent or employee, access to any part of such dwelling, dwelling unit, rooming unit or its prem- ises at all reasonable times for the purpose of effecting such maintenance, making such repairs or making such alterations as are necessary to effect compliance with the provisions of or any lawful notice or order issued pursuant to the provisions of the housing code or with any lawful rule or regulation adopted pursuant to such housing code. (c) Right of entry. Wherever necessary to make an inspect tion -to enforce any of the provisions of the housing code or whenever the housing inspector or his/her authorized repre- sentative has reasonable cause to believe that there exists in any dwelling, dwelling units, rooming units, structures or premises any condition which makes such unit or premises in violation of any provision of the housing code or in re- sponse to a complaint that an alleged violation of the pro- vision of the housing code or of applicable rules or regula- tions pursuant thereto may exist, the housing inspector or his/her authorized representative may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the housing inspector by the housing code; provided that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The housing in- spector or authorized representative shall at such time: (1) Identify himself/herself and his/her position. (2) Explain why entry is sought SUPP• No. 3 1166 j i j j ---__. I MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES HOUSING § 17-3 r, (3) Explain that the owner or other person having charge or control of the premises may refuse, without penalty, entry without a search warrant. (4) Explain that if entry is refused, the housing inspector may apply to a magistrate for a search warrant. (d) Search warrant. The housing inspector is hereby authorized to conduct consensual inspections of any dwelling within Iowa City, Iowa, on a reasonable and regular inspec- tional basis or upon request or complaint, in order to perform } Supp. No. 3 1166.1 MICROFILMED BY JORM MICR+LA9 ?I CEDAR RAPIDS • DES MOINES ypy M I HOUSING ¢ 17.4 bar of occupants sharing the single toilet does not exceed eight (8) persons. (h) Sharing a bath. The occupants of two (2) or more Type III dwelling units may share a bath provided the total number of occupants in the two (2) or more Type III dwelling units sharing a single bath does not exceed eight (8) persons. (i) Sharing a lavatory basin. Every Type III dwelling shall contain a lavatory basin or lavatory basins within the room or rooms in which the communal toilet or toilets are located, and the total number of lavatory basins shall not be less than the total number of toilets. (j) Creation of dwellino unit sharing a toilet and bath. No dwelling unit shall be permitted where occupants share a toilet, a bath, or a lavatory basin with the occupants of another dwelling unit or other dwelling units. in accordance with the provisions contained herein, unless such unit has been created in accordance with the pro. visions of the Iowa City Municipal Code applicable at ( the time of its creation, and every such dwelling unit is located In a Type III dwellin¢ for which a valid Type III dwelling permit was issued in accordance with the nrovislons contained herein, and in effect on the effec- tive date of this chapter. (k) Location of com.mnnai toilets and baths. Every com- munal toilet and beth shall be accessible to the occu- pants of each dwelling unit without passage through another dwelling unit. They shall be located on the same floor or the floor immediately above or below the dwelling unit. (1) Water heating facilities required. Every kitchen sink, bath and lavatory basin required in accordance with the provisions of the Housing Code shall be properly con- nected with supplied water heating facilities. Every supplied water heating facility shall be properly con- nected and shall be capable of heating water to such a temperature as to permit an adequate amount of water Ii Supp. No. 3 1161 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES y�y 1 1. HOUSING ¢ 17.4 bar of occupants sharing the single toilet does not exceed eight (8) persons. (h) Sharing a bath. The occupants of two (2) or more Type III dwelling units may share a bath provided the total number of occupants in the two (2) or more Type III dwelling units sharing a single bath does not exceed eight (8) persons. (i) Sharing a lavatory basin. Every Type III dwelling shall contain a lavatory basin or lavatory basins within the room or rooms in which the communal toilet or toilets are located, and the total number of lavatory basins shall not be less than the total number of toilets. (j) Creation of dwellino unit sharing a toilet and bath. No dwelling unit shall be permitted where occupants share a toilet, a bath, or a lavatory basin with the occupants of another dwelling unit or other dwelling units. in accordance with the provisions contained herein, unless such unit has been created in accordance with the pro. visions of the Iowa City Municipal Code applicable at ( the time of its creation, and every such dwelling unit is located In a Type III dwellin¢ for which a valid Type III dwelling permit was issued in accordance with the nrovislons contained herein, and in effect on the effec- tive date of this chapter. (k) Location of com.mnnai toilets and baths. Every com- munal toilet and beth shall be accessible to the occu- pants of each dwelling unit without passage through another dwelling unit. They shall be located on the same floor or the floor immediately above or below the dwelling unit. (1) Water heating facilities required. Every kitchen sink, bath and lavatory basin required in accordance with the provisions of the Housing Code shall be properly con- nected with supplied water heating facilities. Every supplied water heating facility shall be properly con- nected and shall be capable of heating water to such a temperature as to permit an adequate amount of water Ii Supp. No. 3 1161 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES y�y ¢ 17.4 IOWA CITY CODE to be drawn at every kitchen sink and lavatory basin required under the provisions of the Housing Code at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (forty-eight (48) degrees C). Such supplied water heating facilities shall be capable of meeting the requirements of this section where the required dwelling or dwelling unit heating facilities are not in operation. (m) Connection of sanitary facilities to water and sewer system. Every kitchen sink, toilet, lavatory basin and bath shall be in good working condition and properly connected to an approved water and sewer system. (n) Exits. (1) Two (2) means of egress required: a. Every dwelling unit and rooming unit shall access to two (2) independent, unobstructed of egress remote from each other. At least one shall be an exit which discharges di- rectly or via corridors or stairways or both to a public way. (2) Every means of egress shall comply with the following requirements: a. It shall be kept in a reasonably good state of repair. b. All existing stairways of four (4) or more risers shall have handrails on each side, and every stairway more than eighty-eight (88) inches in width shall be provided with not less than one intermediate handrail for each eighty-eight (88) inches of width. Intermedi- ate handrails shall be spaced approximately equally within the entire width of the stair- way. They shall be continuous the full length of the stairs and, except for private stairways, at least one handrail shall extend not less than six (6) inches beyond the top and bottom Supp. No. 3 1162 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES � r i HOUSING i 1 § 17.4 risers. Ends shall be returned or shall termi- nate in newel posts or .safety terminals. Exception: Stairways forty-four (44) .inches or less in width and stairways serving one individual dwelling unit may have one hand- rail, except that such stairways open on one or both aides shall have handrails provided on the open sides. ' . c• All handrails shall be substantial and shall be located between thirty (30) and thirty-four (34) inches above the nose of the stair treads. d• Guardrails. All unenclosed floor and roof openings, open and glazed sides Of landings and ramps, more than thbticonies or porches which are or floor below, y (3o) inches above the grade , and roofs used for other than service Of the building, shall be protect a guardrail. Guardrails shed by all be not less tha forty-two (42) inches ihein rail and t ght, Open guard- sain r railings shall have intermediate rails or an ornamental Pattern sphere of nine (9) inches indiameter cannot Pass through. Exceptions: 1• Guardrails for serving one dwelling unit may be thirty-six (36) inches in height. 2• Interior guardrails within individual dwelling units or rooming units may be n thirty-six (36) inches iheight. e• All stairs and steps shall have a riser height Of not more than eight (8)inches and a tread I width of not less than nine 9 f• All exterior doors and ()inches. second floor of windows below the a dwelling shall be a ui i with a safe -functioning lockinga Peed g• During the Portion of the aar device. housing inspector deems it nese when the ^. 3uPP. No. 3 rY for pro- m \� 1168 yrole , MICROFILMED BY JORM MICR+LA6 } CEDAR RAPIDS • DES MOINES j § 17-4 IOWA CITY CODE I I tection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied storm doors with a self-closing de- vice; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such other device for protection against the elements and cold is provided such as insulat- ing glass and insulated metal exterior doors. Exception:. Dwellings designated by official action of the city council as having special historical or architectural significance shall be exempted from the above door/window requirements. h. No existing fire escape shall be deemed a suf- ficient means of egress unles it is in com- pliance with the Building and Fire Codes of Iowa City. (3) In basement units where one means of egress Is a window, such window shall open directly to the street or yard, shall be at least twelve (12) square feet in area clear of sash frame and shall open readily. (Ord. No. 78-2891, § II, 5-9-78; Ord. No. 79-2953, §§ 2(2)—(5), 5-8-79; Ord. No. 79-2972, §§ 2(2), (3), 9-18-79) Sm 17.5. Minimum standards for lighting, ventilation, and beating. No person shall occupy as owner -occupant, or let to an- other for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: (a) Minimum rear yard requirements. Every single- and two-family dwelling shall have a rear yard which is a minimum of ten (10) feet deep for structures one story In height, plan two (2) feet for each additional story. Supp. No. 3 1164 MICROFILMED BY w JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i HOUSING § 17-6 An irregularly shaped lot may be occupied by a dwell- ing without complying with the provisions of this sec- tion if the total yard space equals that required by this section. (b) Minimum side yard requirements. If a dwelling is erected up to the side lot line, light and ventilation as required by the housing code shall be provided by means other than windows opening to the side yard. In case of all dwellings having aide yards, the width shall not be less than four (4) feet for the first story plus one foot for each additional story. (c) Natural light. Every habitable room except kitchens shall have at least one window facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be at least ten (10) per cent of the floor area of such room. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least fifteen (16) per cent of the total floor area of such room. For the purpose of determining light and ventilation requirements, any room may be considered as a por- tion of an adjoining room when one-half of the area of the common wall is open and unobstructed and pro- vides an opening of not less than one-tenth of the floor area of the interior room or twenty-five (26) square feet, whichever is greater. (d) Lighting of public halls, stairways, basements and eellare. (1) Public passageways and stairways in buildings ac- commodating two (2) to four (4) families shall be provided with convenient wall -mounted light switches controlling an adequate lighting system which may be turned on when needed. An emer- gency circuit is not required for this lighting. (2) Public passageways and stairways in buildings ac- commodating more than four (4) units shall be Supp. No. 3 1166 MICROFILMED BY JORM MICR+LAB �CEDAR RAPIDS • DES MOINES I § 17-5 IOWA CITY CODE lighted at all times with an adequate artificial lighting system, except that such artificial lighting may be omitted from sunrise to sunset where an adequate natural lighting system is provided. Whenever the occupancy of the building exceeds one hundred (100) persons, the artifical lighting system as regulated herein shall be on an emer- gency circuit. (3) All basements and cellars shall be provided with an ' adequate lighting system which may be turned on when needed. (4) Intensity of light. An adequate lighting system, as required herein, shall mean an intensity of two - (2) footcandles at a plane thirty (30) inches above the floor line. (6) The required intensity shall apply to both natural and artificial lighting. (e) Ventilation. (1) Natural ventilation. a. The total openable window area in every habitable room shall be equal to at least forty. five (46) per cent of the minimum window area size as required above. b, During that portion of the year when the hous. ing inspector deems it necessary for protection against mosquitoes, flies and other insects, every door used for ventilation, opening di. rectly, from a dwelling unit or rooming unit to outdoor space, shall have supplied screens Of not less than sixteen (16) mesh per inch and a self-closing device and every window or other device with openings to the outdoor space, used for ventilation, shall likewise be supplied with such screens, c. In a bathroom or toilet room, the minimum window size shall be not less than four (4) square feet between stop beads, 9upR Na. 3 1166 1 0 MICROFILMED BY JORM MICR+LA6 'i CEDAR RAPIDS • DES MOINES I M 0 Supp. No, 3 HOUSING A 17-6 d• Whenever a window faces an exterior wall or structure which extends higher than the ceil- ing of the room and is located less than three (3) feet from the window, such window shall not be included as contributing to the required minimum window area for the purpose of ventilation, (Z) Mechanical ventilation. a• In lieu Of openable windows, adequate venti- lation may be a system of mechanical ventila- tion which provides not less than two (g) 1166,1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i HOUSING § 17-6 heating units with plenum shall have a limit con- trol to prevent overheating. (Ord. No. 78-2891, II, 5-9-78; Ord, No. 79-2953, §§ 2(5)—(7), 5-8-79; Ord. No. 79-2972, § 2(4), 9-18-77) Sec. 17.6. Minimum space, use and location requirements. No person shall ocupy as owner -occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose Of living, sleeping, cooking or eating therein, which does not comply with the following requirements: (a) Habitable room size. All habitable rooms used for living, sleeping and eating shall contain at least eighty (80) square feet of floor area and no such room shall be less than seven (7) feet wide. The minimum size for habit- able rooms used for food preparation shall be forty (40) square feet in area and a kitchenette may be less than seven (7) feet wide. In all dwellings and in each apartment or group or suite of rooms, there shall be at least one room containing not less than one hundred twenty (120) square feet of floor area. (b) Floor area per occupant. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof. (c) Air space in sleeping rooms. In every dwelling unit of two (2) or more rooms, every room occupied for sleep- ing purposes shall contain at least four hundred (400) cubic feet of air space for each occupant twelve (12) years of age or older and at least two hundred (200) cubic feet of air space for each occupant under twelve (12) years of age. (d) Ceiling height. No habitable room in any dwelling shall be in any part less than seven (7) feet high from finished floor to finished ceiling; the average height of any such r000m shall not be leas than seven (7) feet, six (6) inches. Any habitable room located directly Supp. No. 3 1169 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES �y § 17-e IOWA CITY CODE below a roof in a private or a two-family dwelling re- quires a seven -foot ceiling height in one-half (1/,) its area, and areas of less than five (5) feet ceiling height shall not be considered as a part of the required room area. J Exception: Where it can be demonstrated to the hous- ing inspector that the dwelling has remained under continuous operation without a change of use or classi- fication since 1919, this requirement does not apply. (e) Direct access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit (except that access to rooming units may be through a living room of a unit occupied by the owner -operator of the structure). (f) Basement space may be habitable. No basement space shall be used as a habitable area unless: (1) The floor and walla are of waterproof and damp- proof construction. (2) The total window area in each room is equal to at least the minimum window area sizes as required in subsections 17-5(e) and (g)(1)a. (8) Said rooms shall have a minimum ceiling height of seven (7) feet in all parts from finished floor i to finished ceiling. �I (4) These shall be appurtenant to such room the use of a toilet room. (Ord. No. 78-2891, § I1, 5-9-78; Ord. No. 79-2962, § 2,7-17-79) Sea 17.7. Responsibilities of owners relating to the mainte- nance of dwellings and dwelling units. No person shall occupy as owner -occupant or let to another for occupancy any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the fol- lowing requirements: 9uPP. No. 3 1170 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES y HOUSING 4 17-7 (a) Maintenance of structure. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk and every window, door and other aperture covering shall be maintained in good condition. (1) Every door, door hinge, door latch and door lock shall be in good condition and every door, when closed, shall fit reasonably well within its frame. There shall be no exposed cracks or openings in or around door frame. All windows and exterior doors, and their frames, shall be constructed and maintained in weatherproof condition. (2) Every doorway providing ingress or egress from any dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. All entrance doorways to dwelling units and rooming units shall be equipped with doors which effectively close the doorway. (3) Every interior partition, wall, floor and ceiling shall be capable of affording privacy and main- tained so as to permit them to be kept in a clean and sanitary condition. (4) Every foundation, exterior wall, exterior door and roof shall be reasonably weathertight, watertight, rodentproof and insectproof. (b) Rainwater drainage. All eaves, troughs, downspouts and other roof drainage equipment of the dwelling and Supp. No. 3 1170.1 MICROFILMED DY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES Hpy i I MOTOR VEHICLES AND TRAFFIC § 22d capable of operation at a speed in excess of twenty-five (26) miles per hour on level ground unassisted by human power. Operator. Every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner. Overpass. Any structure used for pedestrian or vehicular traffic which extends over and above the roadway. Owner. A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right to purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the con- ditional vendee or lessee or in the event a mortgagor of a ve- hicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter. Park. The standing of a vehicle whether occupied or not. Parking. That portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent sidewalk. Or, if there is no sidewalk, the area within six (6) feet of the lateral line of the roadway. Parking lot. Any parcel of ground or structure thereon owned or leased by the city which is open to the general public for off-street parking of motor vehicles. Parking zone. That portion of the street between the curb - lines or lateral lines of a roadway ordinarily used for vehicu- lar traffic and the adjacent property lines designated as such or where parking is not prohibited as otherwise provided in this chapter. Peace officer. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations including: (1) Sheriffs and their deputies. (2) Constables. (3) Marshals and policemen of cities and towns. Supp. No. 3 1631 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I § 23.1 IOWA CITY CODE �\ (4) All special agents appointed by the commissioner of _ public safety except the members of the clerical force. (5) Such persons as may be otherwise so designated by law. Pedestrian. Any person afoot. Person. Every natural person, firm, co -partnership, asso- ciation, or corporation. Where the term "person" is used in connection with the registration of a motor vehicle, it shall include any corporation, association, co -partnership, company, firm, or other aggregation of individuals which owns or con- trols such motor vehicle as actual owner, or for the purpose of sale or for renting, whether as agent, salesperson, or other- wise. Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. Residential district. The territory within a city contiguous to and including a highway, not comprising a business, sub- urban or school district, where forty (40) per cent or more of the frontage on such highway for a distance of three hun- dred (300) feet or more is occupied by dwellings or by dwell- ings and buildings not in use for business. Residential street. A street used primarily for access to abutting property. Right-of-way. The privilege of the immediate use of the i highway. i Roadway. That portion of a street or highway improved, designed, or ordinarily used for vehicular travel. Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is Supp. No. 3 1532 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES EIOTOR VEHICLES AND TRAFFIC § 23-1 Protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. School dish-Fct. The territory contiguous to and including a highway for a distance of two hundred (200) feet in either direction from a schoolhouse in a city. Semitrailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. A "semitrailer" shall be considered in this chapter separately from its power unit. Sideaoalk. That portion of a street between the curblines or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Special used Primarily r for the transportation of persons orle equip7nent. Every vehicle not sproperty and incidentally operated or moved over the highways, in- eluding road construction or maintenance machinery and ditch-digging apparatus. The foregoing enumeration shall be I �— deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this subsection., Provided, that, nothing contained in this section shall be con- strued to include portable mills or cornshellers mounted upon I a motor vehicle or semitrailer. Stop. Complete cessation of movement. I Stop, stopping, or standing. Any stopping or standing of a I vehicle whether occupied or not. i Strect or highway. The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic. as a matter of right, Suburban district. Means all other parts of a city not in- eluded in the commercial, school or residential districts. Traffie ontrol signal. Any tri ally orcmechanically Derated,cby�which rtraffic aisyalter. i nately directed to stop and to proceed. Supp. No. 3 1533 IYFy; MICROFILMED BY JORM MICR+LAE3 CEDAR RAPIDS • DES MOINES § 23-1 IOWA CITY CODE Traffic signals, official. All signals, not �\ this section, placed or erecte(1 by authorit of inconsi stent with or official having jurisdiction, for the pu poseaof directing, i warning, or regulating traffic. Traffic signs, official, All signs, markings and devices other than Signals, not inconsistent with this section, placed or erected by authority of a public body or official having juris- diction, for the purpose of guiding, directing, warning or regu. lating traffic. Trailer. Wherever the word "trailer" is used in this chapter, the same shall be construed to also include "semitrailer." Truck tractors, itfeans every motor vehicle designed and ' used primarily for drawing other vehicles and not so con- structed as to carry a load Other than a part of the weight of the vellicle and load so drawn Such term shall include the term "road tractor" which is a vehicle designed and used for drawing other vehicles and load thereon either indepennot so constructed as to carry any dently or any part of the weight of a vehicle or load so drawn. Vehicle. Every device in, upon or by which an property is or may be transported or drawn upon a higlnnayr excepting devices used exclusively upon stationary rails or tracks. (Cale 1966, ;§ 6.01.01-6,01.09, 6-01.06-6-01.47- Ord. No. 77-2836, § II, 6-10.77; Ord. No, 78-2888, § 1, 4_4_78 Ord. No. 78-2908, § 2, 6.27-78; Ord. No. 79-2963, § 2(a), 7-31-79) Cr as reference—Rules of construction and i definitions generally, § Slate law reference—Similar provisions, LC.A. Sec. 23.2. Use of coasters, roller skates and similar devices restricted. No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any road- way except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the ri shall be subject to all of the duties applicable to pedghts and This section shall not apply uestrians. Supp• No, 3 Pon any street while set aside 1634 I t i ............ I MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES w j MOTOR VEHICLES AND TRAFFIC § 23.3 as a play street as authorized in this chapter. (Code 1966, § 6.03.04; Ord. No. 77-2835, § II, 5-10-77) State law referent Similar provisions, I.C.A. §§ 321.230, 321.234. See. 23.3. Applicability of chapter. (a) The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter or in the state vehicle code. (b) Every person riding an animal or driving any animal - drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no applica- I I Supp. No. 3 1534.1 i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES m MOTOR VEHICLES AND TRAFFIC § 23-163 on one or more of the roadways shall yield or stop and yield before entering the intersection or junction. (Code 1966, § 6.09.01; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-161. Operator's responsibility to stop at stop signs. Every driver of any vehicle shall bring the vehicle to a stop before entering any streets or any intersection controlled by a stop sign and then proceed after such stop with caution. (Code 1966, § 6.09.02; Ord. No. 77-2835, § II, 5-10-77) Stale law reference—Similar provisions, I.C.A. § 321.345. Sec. 23-162. Operator's responsibility to yield at yield signs. The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions or shall stop if necessary and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he/she is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute a hazard. Said driver having so yielded may proceed with caution. (Code 1966, § 6.09.03; Ord. No. 77-2835, § II, 5-10-77) State law reference—Similar provisions, I.C.A. § 321.345. Sec. 23.163. Entering arterial highway. Every operator of a vehicle, streetcar or other conveyance traveling upon any street intersecting any arterial highway, shall bring such vehicle, streetcar or conveyance to a full stop at the place where such street meets the prolongation of the nearest property line of such arterial highway, subject, however, to the direction of any traffic control sign or signal or any police officer at such intersection; and shall not pro- ceed until he/she can do so without danger of collision. In such instances the operator of a vehicle on any arterial high- way shall have the right-of-way. (Code 1966, § 6.04.16; Ord. No. 77.2835, § II, 5-10-77) State law reference—Similar provisions, I.C.A. § 321.321. -- Supp. No. 3 1663 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES yP9 n § 23-164 IOWA CITY CODE Sec. 23.164. Stops before entering marked highways. All vehicles must stop before entering any marked highway within the corporate limits of the city, as established by the state highway commission, which have signs posted as pro- vided by law. (Code 1966, § 6.04.17; Ord. No. 77-2835, 5-10-77) j State law reference— Similar provisions I.C.A. § 321.322. Sec. 23-165. Approaching or entering intersections. When two (2) vehicles are approaching on any public street or highway so that their paths will intersect and there is danger of collision, the vehicle approaching the other from the right shall have the right-of-way. (Code 1966, § 6.04.02; Ord. No. 77-2835, § II, 5-10-77) State law reference—Similar provisions, I.C.A. § 321.319. Sec. 23.166. Turningleft. The operator of a vehicle intending to turn to the left across the path of any vehicle approaching from the opposite yield direction shall the right-of-way to the vehicle approaching fromor vehicles the opposite direction going straight ahead and may make such left turn only after giving a signal as required by law, and after affording a reasonable opportunity for the operator of such other vehicle to avoid a collision. (Code 1966, § 6.04.02; Ord. No. 77-2835, § II, 5-10-77; Ord. No. 79-2963, § 2(c), 7-31-79) - State law reference—Slmilar provisions, LC.A. § 321.320. See. 23.167. Entering street from private roadway. The operator of a vehicle entering a public street from a private road or drive _ shall yield the right-of-way to all ve hicles approaching on such public highway. (Code 1966, 6.04.03; Ord. No. 77-2835, § II, 5-10-77) § State law reference—Similar provisions, IA.A. § 321.353. �. Sec. 23-168. Emerging from alley or private driveway. The operator of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driv- Supp. No. 3 1564 � I MICROFILMED BY JORM MICR+LAE3 - CEDAR RAPIDS • DES MOINES 1IOTOR VEHICLES AND TRAFFIC § 23.235 (4) Within fifteen (15) feet from the intersection of curb lines, or if none, then within fifteen (15) feet of the 'intersection of property lines at the intersection except at alleys. (5) Within ten (10) feet upon the approach of any flashing beacon, stop sign or traffic control signal located at the side of the roadway. (6) Within five (5) feet of a fire hydrant. (7) In front of a public or private driveway, (8) On a sidewalk. (9) Alongside or opposite any street excavation or obstruc- tion when standing, stopping or parking would ob- structtraffic. (10) On a bridge except when authorized, (11) No commercial vehicle used for pickup or delivery of merchandise or goods or passengers shall be stopped or parked in a lane of traffic when parking space or spaces are available at the curb. (12) Within fifty (50) feet of the nearest rail of a railroad crossing. (13) Within one block of any fire. (14) At any place where official signs prohibit stopping and parking. (15) Within twenty (20) feet of the driveway entrance to any fire station. (16) Upon the median strip within the corporate limits of the city, (17) During a snow emergency, upon a street on which parking is prohibited by a snow emergency declaration [Pursuant to section 23-297 hereof]. (18) On the parking [as defined in section 23-11. (19) On a driveway between the curb lines or lateral lines of the roadway and the adjacent concrete sidewalk Supp. No, 3 Ii 1577 I MICROFILMED BY JORM MICR¢LAO CEDAR RAPIDS - DES MOINES § 23-235 IOWA CITY CODE or, if there is no sidewalk, within six (6) feet of the lateral line of the roadway. (Code 1966, § 6.14.10; Ord. No. 77-2835, § II, 5-10-77; Ord. No. 79-2941, § VIII, 1-30-79; Ord. No. 79-2952, § IC, 4-24-79; Ord. No. 79-2963, § 2(b), 7-31-79) Crass reference—Parking In City Plaza, § 9.1-6. - State law reference—Similar provisions, I.C.A. § 321.358. Sec. 23-236. Parking not to obstruct traffic. (a) All non-commercial districts. No vehicle shall, in any non-commercial district, stand, stop, or park upon any travel lane of a roadway in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic. (b) Commercial districts. In commercial districts, standing, stopping, or parking in any travel lane of a roadway by non- commercial vehicles is prohibited. On two (2) way streets in commercial districts commercial vehicles may stop, stand, or park in a travel lane while engaging in the loading or unload- ing of property provided that ten (10) feet of width of road- way exists to the right of the center line for the free move- ment of vehicular traffic. On one-way streets in commercial i districts, commercial vehicles may stop, stand, or park in a travel lane while engaging in the loading or unloading of property provided that ten (10) feet of width of the roadway Is open for the free movement of vehicular traffic. (c) Time limit. Vehicles stopped, standing, or parked in the travel lane of a roadway shall do so in accordance with the above provisions and shall In no instance be parked longer than fifteen (15) minutes. (Code 1966, § 6.14.01; Ord. No. 77-2835, § II, 5-10-77) i Sec. 23.237. Blocking of alley prohibited. No person shall stop, stand, or park, attended or unattended, any motor vehicle so as to black an alley. (Code 1966, § 6.14.02; Ord. No. 77-2835, § 11, 5.10.77) j Supp. No. 3 1678 �. _.. � l 1 i 8 MICROFILMED BY JORM MICR+LA9 i; CEDAR RAPIDS • DES MOINES \, MOTOR VEHICLES AND TRAFFIC § 23298 _ See. 29.298. Parking in alleys prohibited; exceptions. No person shall stop, stand or park any motor vehicle upon or in a public alley, attended or unattended, subject to the following: i (1) Any person may stand, stop or park a motor vehicle attended or unattended upon or in a public alley in a commercial zone to engage in the act of delivery or pickup, loading or unloading of goods, wares, and mer- chandise to or from any business establishment. (2) Said loading or unloading shall not at any time exceed fifteen (15) minutes or the period longer than nec- 1578.1 _....__. _.y A MICROFILMED BY JORM MICR+LAB d. CEDAR RAPIDS • DES MOINES '4 i 9 W I PARKS AND RECREATION § 25.61 Sec. 25.55. Same—Revocation. In the event it is determined after the granting of a permit under this article that the applicant has misstated in any way any material fact in the application or that there is a material variance between the information in the application and the actual facts or those factq which appear reasonably to occur, the superintendent of recreation or the city council may re- view such application based upon the standards of this article and revoke such permit if not in compliance therewith. Such permit may also be revoked when by reason of disaster, public calamity, riot, or other emergency it is determined that the safety of the public requires such revocation. (Code 1966, § 3.35.9: Ord. No. 2612) Sees. 25.56-25.59. Reserved. ARTICLE V. SENIOR CENTER COMMISSION See. 25.60. Number, qualification, compensation of members. (a) The senior center commission shall consist of seven (7)members, five (5) of whom are appointed by the city council and two (2) of whom are appointed by the Johnson County Board of Supervisors. (b) The members appointed by the city council shall be qualified electors of the city and those appointed by the board of supervisors shall be qualified electors of Johnson County. All members shall serve without compensation except for reimbursable expenses. (Ord. No. 79-2947, § 2, 3-20-79; Ord. No. 79-2956, § 2, 5-29-79) Sec. 25.61. Terms. The term of office of each member shall be three (3) years commencing on January 1st of the year of appointment. Initial appointments shall be made for terms of one to three (3) ,years in the following manner: Three (3) members to be appointed for three (3) years; Two (2) members to be appointed for two (2) years; Supp. No. 3 1726 MICROFILMED BY JORM MICR6LAB CEDAR RAPIDS • DES MOINES 4�y u r § 25.61 IOWA CITY CODE Two (2) members to be appointed for one year. The initial appointments by the board of supervisors shall be for a one-year term and a three-year term. (Ord. No. 79-2947, § 2, 3-20-79; Ord. No. 79-2956, § 2, 5-29-79) Sec. 25.62. Staff assistance and information. The city manager is authorized to take whatever admini- strative action is necessary to provide the staff assistance and information necessary to aid the commission in the perform- ance of its duties. (Ord. No. 79-2947, § 2, 3.20-79) Sec. 25.63. Duties and powers. (a) The duties of the senior center commission shall be as follows: (1) To serve in an advisory role to the city council with regard to the needs of the senior center. (2) To make recommendations with regard to policies and -. programs at the senior center. (3) To join staff and other interested persons in seeking adequate financial resources for the operation of the senior center. (4) To encourage full participation by senior citizens in the programs of the senior center. (5) To ensure that the senior center is effectively integrated into the community and cooperates with organizations with common goals in meeting the needs of senior citizens. (6) To serve in an advocacy role with regard to the needs of senior citizens in Iowa City. (7) To assist the city manager in evaluation of personnel. (b) The commission shall have the following powers: (1) To make recommendations with regard to the allocation j of space in the senior center to various agencies and organizations. Supp. No. 3 i 1726 I i i. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES C PARKS AND RECREATION F 25.65 (2) To make recommendations with regard to the accept- ance and utilization of gifts. (3) To make recommendations with regard to policies, rules, ordinances and budgets which affect the pro- grams and services of the senior center. (4) To present an annual report of senior center activitie3 and accomplishments to the city council. (Ord. No. 79-2947, § 2, 3-20-79) Sec. 25.64. Organization of commission business. (a) Bylaws. The commission may draft bylaws to assist in their implementation of this article. (b) Agenda. The chairperson or a designated staff member shall prepare an agenda for all regular commission meetings. The agenda shall be sent to the members and the media at least three (3) days prior to regular meetings. (c) Minutes. Minutes of all regular meetings shall be dis- tributed to all commission members, the city council, city manager and the director of parks and recreation department within two (2) weeks after a meeting. (Ord. No. 2947, § 2, 3.20-79) Sec. 25.65 Committees and advisory groups. (a) The commission is authorized to establish committees. The bylaws of the commission shall outline their duties, com- position and term. (b) The commission is authorized to create and appoint advisory groups to make studies and to disseminate informa- tion on all of Its activities. Such groups shall serve without compensation. (Ord. No. 2947, § 2, 3-20-79) Supp. No. 3 [The next page to 1776) 1727 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i I I I , I• L M STREETS, SIDEWALKS, PUBLIC PLACES § 31-30 inches in thickness until the backfill reaches the top of the substructure. The remainder of the trench shall be back- filled in uniform layers not exceeding twenty-four (24) inches in thickness, and satisfactorily tamped to within one foot of the surface. The backfilling operation shall continue with soil until the backfill remains slightly above by the ground level. Excess material shall be disposed of. (b) Granular backfill meeting city specifications may also be used; however, soil shall be used for the final foot of back- fill. (Ord. No. 77-2849, § 12, 7-26-77) Sec. 31.30. Repair of surface. (a) The director may specify the type of resurfacing re- quired for any excavation; however, in the absence of spe- cific direction from the director, the following specifications shall be used for resurfacing of an excavation: (1) High We asphalt streets, The pavement shall be neatly sawn one foot back from each side of the excavation and removed to a depth necessary to reach undisturbed subbase or soil. A concrete patch equal to the thickness of the existing pavement, but in no case less than six (6) inches thick, shall be placed in the excavation and brought up to a point two (2) inches below the final surface. The Permittee will complete the excavation with two (2) inches of asphalt. The concrete used in the patch shall be an M4 mix and the patch shall be placed according to all specifications. applicable sections of the (2) Concrete streets. The pavement shall be neatly sawn and removed one foot back from each side of the excavation to a depth necessary to reach undisturbed subbase soil. If a construction or expansion joint is within five (5) feet of the edge of the patch, the surface shall be removed back to this joint. A concrete patch equal to the thickness of the existing pavement but in no case less than six (6) inches thick shall be placed using an SOPA No.3 2129 MiCROr1LMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I § 31.30 IOWA CITY CODE ^ A14 mix and the patch shall be placed and cured ac- cording to all applicable specifications. (3) Brick streets. Excavations in brick streets shall be repaired using the original brick or other brick suitable for traveled surface. A six (6) inch concrete base shall be poured using an M4 mix. Above this, a sand - cement cushion one inch thick shall be adjusted so that when the bricks are paved and rolled the top sur- face of the bricks will be at the required finished grade. The joints between the bricks shall be hand tight and shall be no greater than one-fourth (I/1) inch. A dry mix- ture of one part portland cement and three (3) parts sand shall be spread over the top of the patch until the joints are completely filled. The surface then shall be fogged lightly with water. (4) Lola type streets. When a street consists of a seal coat, dust seal or other thin, low type surface, an asphalt patch at least two (2) inches thick shall be.placed. The asphalt shall be rolled with a rubber tired vehicle until a dense, tight surface is obtained. (5) Sidewalks, driveways, curbs and gutter, other struc- tures. Whenever an excavation cuts a sidewalk, drive- { , way, curb and gutter or other structure, the excavation i shall be backfilled as described in section 31-28. A neat saw cut shall be made one foot back from each side of the excavation to undisturbed soil; however, on sidewalk, the pavement shall be removed back to the nearest contraction or expansion joint. All broken or spilled concrete or structure material shall be removed and replaced. The concrete used in the patch shall be an M4 mix and the patch shall be placed and cured according to all applicable specifications. (6) Parkways and other unpaved areas. The surface of culti- vated grass areas shall be seeded. It is the responsi- bility of the permittee to establish a goad stand of grass. The area shall be left free from debris and clods. On steep embankments or upon request of the director, I i sod or other erosion control techniques shall be used for restoration. Supp. No. 3 2130 l MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i I STREETS, SIDEWALKS, PUBLIC PLACES § 3144 (7) So" cuts. All saw cuts are to be made to a depth of two (2) inches or deeper. The remainder of the slab shall be broken off below that point in a vertical plane, Saw cuts shall form a rectangle around the excavation. pave- ment ring or requiredother methods prevent l ll be uponequest of the director.g(Ord. No. 77-2849, § 13, 7-26-77, Ord. No. 79-2968, § 1A—C, 9-11-79) Sec. 31-31. Time of completion. All excavation work and backfilling covered by the permit issued under division 2 of this article shall be completed in aprompt I ed by omple- do of henexcava excner as avation dnba kfillhwork, restoration e director. After cof the surface shall be completed within fourteen (14) days unless a time extension is granted by the director. (Ord. No. 77-2849, § 14, 7-26-77) See. 31.32. Noise, dust and debris. Each permittee under division 2 of this article shall conduct excavation work in such manner as to avoid unnecessary in. convenience and annoyance to the general public and occupants i of neighboring property. In the performance of the excava- tion work, the permittee shall take appropriate measures to reduce noise, dust and unsightly debris. No work shall be done between the hours Of 10:00 P.M. and 6:00 a.m., except with the express written permission of the director, or in case of an emergency, (Ord. No. 77-2849, § 15, 7-26-77) Sec. 31.33. Inspection. Random inspections may be made of procedures described in this article and the permittee under division 2 of this article shall correct his procedure if so ordered by the director. Fail- ure to do so will result in use of the performance deposit to correct or complete work. (Ord. No. 77-2849, § 16, 7-26-77) Sec. 31.34. Clean-up. As the excavation work i lic rights-of-way and Private Properties shall be thoroughly cleaned of all rub - Supp. No. 3 2131 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES IOWA CITY CODE § 31-34 debris. All clean -Up O era- bish, excess earth, rock and othrof he permittee under divi- tions shall be done at the expense 0tee fails to clean-up within sion 2 of this article. If the pa twenty-four (?A) hours after notice, the director shall author- -four the work to bedo `. d Nu 77 X491 be 17a7 for 6 ��th the performance deposit- Sec. 31.35. Trenches in pipe laying- Except by special permission from the director, notree trenchfeet in shall be excavated more nor left unfilled more than red 3one hundred advance of Pipe laying (loo) feet where pipe has been laid. (Ord. No. 77-2849 1 ' 7.26-77) Sec. 31-36. Emergency excavation. Nothing in this article shall be construed to prevent be necessary for the immediate preserva- exca- vations that may ert The person making excavation shall tion of life or prop y permit on the first working 9d 7 apply to the director far a p after such work is commenced. (Ord. No. 77-2849, § \v 26-77) Sec. 31.37. Preservation of monuments. The per under division 2 of this article shall nline Of ot dis- or hubs found onturb any surface monuments oyal is obtained from theed rector• excavation work unless a 26-77) (Ord. No. 77-2849, 4 o Secs. 31-38-31.44. Reserved. DIVISION 2. PERMIT* Sec. 31.45. Required; exception. public All persons making or filling any excavation in any place shall first obtain a permit from the director except as Permits shall be obtained at least provided in section 31-36. r 'Crow — r.ference Ucenses and miscellaneous business regalt Ch. 21. 2132 Supp. No. 3 MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES I j IOWA CITY CODE § 31-34 debris. All clean -Up O era- bish, excess earth, rock and othrof he permittee under divi- tions shall be done at the expense 0tee fails to clean-up within sion 2 of this article. If the pa twenty-four (?A) hours after notice, the director shall author- -four the work to bedo `. d Nu 77 X491 be 17a7 for 6 ��th the performance deposit- Sec. 31.35. Trenches in pipe laying- Except by special permission from the director, notree trenchfeet in shall be excavated more nor left unfilled more than red 3one hundred advance of Pipe laying (loo) feet where pipe has been laid. (Ord. No. 77-2849 1 ' 7.26-77) Sec. 31-36. Emergency excavation. Nothing in this article shall be construed to prevent be necessary for the immediate preserva- exca- vations that may ert The person making excavation shall tion of life or prop y permit on the first working 9d 7 apply to the director far a p after such work is commenced. (Ord. No. 77-2849, § \v 26-77) Sec. 31.37. Preservation of monuments. The per under division 2 of this article shall nline Of ot dis- or hubs found onturb any surface monuments oyal is obtained from theed rector• excavation work unless a 26-77) (Ord. No. 77-2849, 4 o Secs. 31-38-31.44. Reserved. DIVISION 2. PERMIT* Sec. 31.45. Required; exception. public All persons making or filling any excavation in any place shall first obtain a permit from the director except as Permits shall be obtained at least provided in section 31-36. r 'Crow — r.ference Ucenses and miscellaneous business regalt Ch. 21. 2132 Supp. No. 3 MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES I i SUBDIVISION REGULATIONS § 32-54 -- (c) Widths. All street widths shall be measured back-to- back of the curb. Widths shall be as follows: (1) Rights-of-way shall be provided as follows: a. Arterial streets, eighty (80) feet. b. Collector streets, sixty-six (66) feet. c. Local streets, fifty (50) feet. d. Culs-de-sac, one hundred (100) feet in di- ameter. e. Alleys, residential, sixteen (16) feet. f. Alleys, commercial or industrial district, twenty (20) feet. (2) Pavements shall be provided as follows: a. Arterial streets, forty-four (44) feet. b. Collector streets, thirty-six (36) feet. c. Local streets, twenty-eight (28) feet. d. Culs-de-sac shall be paved with a twenty -eight - foot wide paving the outer edge of which shall be fifteen (15) feet inside the circum- ference of the right-of-way and the inner edge of which shall be forty-three (43) feet from the circumference of the right-of-way. The paving width may be reduced to twenty-five (25) feet provided that the outer edge shall I be a minimum of eleven (11) feet inside the circumference of the right-of-way and the inner edge shall be a minimum of thirty-six (36) feet from the circumference of the right- of-way. Culs-de-sac shall not exceed nine hun- i dred (900) feet in length. A cul-de-sac shall be measured from the center line of the street from which it commences to the center of the turnaround. In the case of a subdivision which includes culs-de-sac or loop streets less than nine hundred (900) feet in length, the required Supp. No. 3 pavement width for such streets may be re - 2213 I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES § 32.54 IOWA CITY CODE duced from twenty-eight (28) to twenty-two (22) feet if provision is made for storage of at least six (6) automobiles on each lot. e. Alleys, sixteen (16) feet. f. Sidewalks, four (4) feet. (d) Grades. No street grade shall be less than one-half (1/2) of one per cent and shall not exceed the following limits: (1) Arterial streets, nine (9) per cent. (2) Collector streets, ten (10) per cent. (3) Residential streets, twelve (12) per cent. (Code 1966, § 9.50.5A; Ord. No. 2567; Ord. No. 75-2789, S Cross rete encs—s eets,sideewalks and public ) t Ch. plac s, 319 Sec. 32-55. Sewers. (a) The subdivider shall provide the subdivision with a complete sanitary sewer system, including stubs, for each lot which shall connect with a sanitary sewer outlet approved by the city manager. The (� sewer shall extend to the subdivision boundaries and beyond, is \� as necessary to provide for the ex- tension of the sewers by adjacent property. (b) In the event that the city requires a sewer system which is greater than is needed to service the subdivision itself, the developer shall install the additional improvements which are necessary and the city shall enact a tapping fee ordinance which shall establish the tapping fees which shall be required for other persons and developers to pay in order to connect to such line. Such tapping fees shall be established on a pro -rata basis. Other subdivisions which connect with such system shall, on a pro -rata basis, reimburse the developer for the cost of the additional system, pursuant to the ordinance, which shall service that addition, tapping onto such line. In the event that the costs of the improvement are not recoverable, the developer shall pay the entire costs of the improvement which shall be a condition of the approval of such subdivision. The procedure Supp. No. 3 - i 2214 MICROFILMED DY JORM MICR�LAO CEDAR RAPIDS • DES MOINES �1 SUBDIVISION REGULATIONS § 32-57 of such cost-sharing shall be pursuant to the rules and regu- lations as prescribed by the city manager. (Code 1966, 9.50.513; Ord. No. 2567) Cross reference—Sewers and sewage disposals, Ch. 33, Art. II. Sec. 32-56. Storm drains. (a) The developer shall provide the subdivision with ade- quate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection and the re- moval of all surface waters and these improvements shall ex- tend to the boundaries of the subdivision and beyond, so as to provide for extension by adjoining properties. (b) In the event that the city requires a storm drain system which is greater than needed to service the subdivision itself, the developer shall install the additional improvements which are necessary to service the additional areas and the city shall enact a tapping fee ordinance which shall establish the tapping fees which shall be required for other persons and developers to Pay in order to connect with such lines. Such cost-sharing shall be on a pro rata basis. Other subdivisions which connect with such system shall, on a pro rata basis, reimburse the developer for the cost Of the additional system, pursuant to the ordinance enacted by the city. In the event that the costs of the additional improvement are not recoverable, the de. veloper shall pay the entire costs of the improvement, which shall be a condition of the approval of such subdivision. The procedure of such cost-sharing shall be pursuant to the The andIegulations as prescribed by the city manager. (Code 1966, § 9.50.5C; Ord. No. 256 7) Sec. 32-57. Nater. (a) The developer shall provide the subdivision with a com- plete water main supply system, including hydrants, valves and all other appurtenances which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary and which shall provide for a water connec- tion far lots and shall be connected to the municipal water system. Supp. No. 3 2215 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES y� i �1 SUBDIVISION REGULATIONS § 32-57 of such cost-sharing shall be pursuant to the rules and regu- lations as prescribed by the city manager. (Code 1966, 9.50.513; Ord. No. 2567) Cross reference—Sewers and sewage disposals, Ch. 33, Art. II. Sec. 32-56. Storm drains. (a) The developer shall provide the subdivision with ade- quate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection and the re- moval of all surface waters and these improvements shall ex- tend to the boundaries of the subdivision and beyond, so as to provide for extension by adjoining properties. (b) In the event that the city requires a storm drain system which is greater than needed to service the subdivision itself, the developer shall install the additional improvements which are necessary to service the additional areas and the city shall enact a tapping fee ordinance which shall establish the tapping fees which shall be required for other persons and developers to Pay in order to connect with such lines. Such cost-sharing shall be on a pro rata basis. Other subdivisions which connect with such system shall, on a pro rata basis, reimburse the developer for the cost Of the additional system, pursuant to the ordinance enacted by the city. In the event that the costs of the additional improvement are not recoverable, the de. veloper shall pay the entire costs of the improvement, which shall be a condition of the approval of such subdivision. The procedure of such cost-sharing shall be pursuant to the The andIegulations as prescribed by the city manager. (Code 1966, § 9.50.5C; Ord. No. 256 7) Sec. 32-57. Nater. (a) The developer shall provide the subdivision with a com- plete water main supply system, including hydrants, valves and all other appurtenances which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary and which shall provide for a water connec- tion far lots and shall be connected to the municipal water system. Supp. No. 3 2215 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES y� § IOWA CITY CODE 32-57 s a water maitT to be (b) In the event that the city require shall share in the expense thereof on a pro rata greater in size than is needed to service the subdivision itself, then the city basis. The procedure of such cost-sharing s thebc ty manager. e pursuant to the rules and regulations as prescribed by (Code 1966, § 9.50.5D ; Ord. No. 2567) Cross reference—water generally, Ch. 33, Art. V. Sec. 32-53. Sidewalks- provided and A four (4) foot wide concrete sidewalk shall ursuant to chapter 31 shall be located pof this Code of Ordi- nances. (Code 1966, § 9.60.6E; Ord. No. 2567) h• 31, Art. V. Cross reference Sidewalks generally, C Sec. 32-59. Markers- f , inch in diameter An iron rod not less than onL-balf n lengthshall be placed as fol - and twenty-four (24) inches lows:angles in the (1) At the intersection of all lines forming boundary of the subdivision. (2) At block and lot k and lot boundaries. rs and changes blein direction of (3) At points of curves. (Code 1966, § 9.60.6F; Ord. No. 2567) Sec. 32-60. Specifications' The type of construction, the I ntsl shall be equal als, the dto the standards of subdivision imP for like work. Plans and current specifications of the city er for ap- specifications shall be submitted to the city manager roved. psro�i� urnt tto he plans and specific' tions have been alapp o be (Code 1966, § 9.50.5G; Ord. No. 2567) Sec. 32.61. Inspection. he installation of all improve - The city manager shall cause t menti; in new subdivisions to be in to insure compliance comp soPP• No. 3 2216 MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES n i 4 SUBDIVISION REGULATIONS § 32.61 (" with the requirements of this chapter. The cost of such inspec- tion shall be borne by the subdivider and shall be the actual cost of the inspection of the city. (Code 1966, § 9.50.511; Ord. No. 2567) 11 Supp. No. 3 2217 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES [The next page is 2267] VF/ i s t. i I SUBDIVISION REGULATIONS § 32.61 (" with the requirements of this chapter. The cost of such inspec- tion shall be borne by the subdivider and shall be the actual cost of the inspection of the city. (Code 1966, § 9.50.511; Ord. No. 2567) 11 Supp. No. 3 2217 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES [The next page is 2267] VF/ i s t. i I APPENDIX A ZONING* 8.10.1 Purpose. The purpose of this Chapter shall be to promote the public health, safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen congestion in the streets; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of trans- portation, water, sewage, schools, parks, and other public re- quirements. 8.10.2 Name. This Chapter shall be known and may be cited and referred to as "The City of Iowa City, Iowa, Zoning Chapter." 8.10.3 Definitions. A. The following definitions shall apply: 1. Accessory building. A separate building devoted to an accessory use, or part of the main building devoted to an accessory use. 2. Accessory use. A use subordinate to and incidental to the primary use of the main building or the primary use of the premises. 'Editor's nate—Appendix A mete out the toning ordinance of the city, chapters 8.10, derived from Ord(mes No. 2288, and 8.11, as added by Ordinance No. 77-2832, of the 1966 Municipal Code. The ordinance is set out as codified in the 1966 Code, hence the prefix "a" to each section number. Amendments have been worked in and aro.indiestd :by history notes In parentheses following amended sections. The absence of such a note Indicates that the section is derived unchanged from the originil Ordinance No. 2238. Material enclosed In brackets has been added where necessary for purposes of clarification except that obviously mlsepelled words have been corrected without notation. Croes references Planning, Ch. 27; streets, aid walks and publle places, Ch. 31; subdivision regulations, Ch. 32; utilities, Ch. 33. State law reference—Municipal zoning, I.C.A. § 414.1 at sea. Supp. No. 3 2479 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES fp OU I OU § 8.10.3 IOWA CITY CODE 2a. Aged. Any person who is eligible because of age to receive old age benefits under Title II of the Social Security Act. (Ord. No. 78-2920, § 2, 9-12-78) 2[b.] Aisle. An asphalt, concrete or similar permanent dust - free surface which is connected directly to a parking space(s) and designed to permit ingress or egress of a vehicle to or from the parking space. (In no case can an aisle be a drive; see definition for "drive".) (Ord. No. 79-2964, § 2A, 8-28-79) 3. Alley. A public thoroughfare which affords only a secondary means of access to abutting property. 4. Apartment. A living unit in a multiple dwelling. 6. Apartment house. See Dwelling, Multiple. 6. Basement. A story having part, but not more than one- half (1/z) of its height below the established grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business or dwell- ing purposes other than by a janitor employed on the premises. 7, Board. The Board of Adjustment established by this Chapter. 8. Boarding house. See Lodging House. g. Build. To construct, assemble, erect, convert, enlarge, reconstruct, or structurally alter a building or struc- ture. 10. Buildable laidth. The width of lot left to be built upon after the side yards are provided. 11. Building. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property. 12. Building alteration. Any change in the supporting mem- bers of a building such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walla. Supp. No. 3 2486 - MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1� (, I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES '.i APPENDIX A—ZONING § 8.10.3 13. Building heights. The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the average height between eaves and ridge for gable, hip, and gambrel roofs. 19. Building inspector. The official designated by the City Manager to enforce this chapter. 15. Cellar. A story having more than one-half of its height below grade. A cellar is not counted as a story for the purpose of height regulations. 16. City. The City of Iowa City, Iowa. 17. Centerline. A line halfway between the lines of the area under consideration. 18. City manager. The Chief City Administrator. 19. Clinic. An establishment occupied by one or more mem- bers of a healing profession. ^ 20. Commission. The Planning and Zoning Commission of �\ Iowa City, Iowa. 20a. Conversion. Any change in a principal use to another principal use. (Ord. No. 75-2788, § 11 (1), 11-25-75) I 21. Council. The City Council of Iowa City, Iowa. 21a. Developmentally disabled. Any person who has a dis- ability attributable to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological con- dition, which disability originates before such individ- ual attains age eighteen (18), and which constitutes a substantial impairment expected to be long -continued and [of] indefinite duration. (Ord. No. 78-2920, § 2, 9-12-78) 22. i District. A section or sections of the City of Iowa City, Iowa, included within the valley, residential, commercial or industrial districts. 22a. Drive, driveway. An asphalt, concrete or similar perm- anent dustfree surface designed to provide vehicular i access to a parking area which is composed of more Supp. No. 3 2981 J4 JoPqyawi MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES '.i § 8.10.3 IOWA CITY CODE than four (4) parking spaces and an aisle(S) and least ten (10) feet wide. (In no case which shall be at can a drive be an aisle; see definition for "aisle".) (Ord. No. 79-2964, § 2A, 8-28-79) 23. I Dwelling. A building or portion thereof which is desig- nated or used for a residential purpose. 24. Dwelling-madtiple. A dwelling that contains more than two separate living units. 25. Dwelling-sinpie family. A dwelling that contains only one living unit. 26. Dwelling -t100 family. A dwelling that contains two separate living units. 26a. Elderly housing, A residential building(s) containing more dwelling units especially designed for use one or and occupancy of any person, married or single, who is Title II of the " eligible to receive old age benefits under within the meaning of Social Security Act; handicapped 202 of the Housing Act of 1959, Section 102(6) Section the Development Disabilities Services and Facilities of Construction Amendments of 1970 or Section 223 of the Social Security Act, or displaced by governmental ac- § II, 4.4-78) tion or natural disaster. (Ord. No. 78-2887, 27. Cnlargmnent. Increasing the cubicle contents of a building. 28. Family, One person or two or more persons related by a It unit as blood, marriage, or adoption occupying individual housekeeping organization. A family may an also be two, but not more than two persons not related by blood, marriage, or adoption. 28a. Family care facility. A governmentally licensed or ap- resident services in a proved facility which provides (6) or fewer individuals who are dwelling unit to six to the family household. These individuals not related developmentally disabled or aged, in need of adult are supervision and are provided service and such super - Supp. No. 3 2482 .l MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES �\ APPENDIX A—ZONING § 8.10.3 (.� } vision in accordance with their individual needs. (Ord. No. 78-2920, § 2, 9-12-78) 29. Form. An area which is used for the growing of the usual farm products such as vegetables, fruits and grain and their storing on the area, as well as for the raising thereon of the usual farm poultry and farm ani- mals. The term "farming" includes the operation of such area for one or more of the above uses with the neces- sary accessory uses for treating or storing the food produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feeding of garbage or offal to swine or other animals. Supp, No. 3 �J 2982.1 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES I r is i MICROFILMED BY JORM MICR jL AB CEDAR RAPIDS • OES MOINES VW APPENDIX A—ZONING F 8.10.3 are located entirely within the building with no entrance from the street or visible from any sidewalk, and having no sign or display visible from outside of the buildings indicating the existence of such use. 42. Iowa City gauping station. An instrument station for gauging and determining in cubic feet per second (c.f.s.), the flow of water in the Iowa River, which station is located downstream from the Burlington Street Dam, and upstream from Ralston Creek. 43. Institution. A building occupied by a nonprofit cor- poration or nonprofit establishment for public use. 44. Junk yard. An area where waste, discarded, or sal- vaged materials are bought, sold, exchanged, baled or packed, disassembled or assembled, stored or handled, including the dismantling or "wrecking" of automo- biles or other vehicles or machinery, housewrecking yard, used lumber yards and places for storage of sal- vaged housewrecking and structural steel'materials and 1 equipment. 45. Kennel. An establishment where dogs are boarded for compensation or where dogs are bred or raised for sale purposes, 46. Living unit. The room or rooms occupied by a family provided that a living unit must include a kitchen. 47. Lodging house. A dwelling containing not more than one living unit, where lodging with or without meals is provided for compensation to five (5) or more per. sons, but not more than thirty (30) persons. 48. Lot. A parcel of land, adequate for occupancy by a use permitted under this chapter, which provides the yards, area, and off-street parking herein required under this chapter, and which fronts directly upon a public street or upon an officially approved place. 49. Lot, corner. A lot abutting on two (2) or more streets at their intersection. Supp. No. 3 2485 MICROFILMED BY JORM MICR jL AB CEDAR RAPIDS • OES MOINES VW § 810.3 IOWA CITY CODE 49a. Lot, corner, reversed. A reversed corner lot is a corner lot, the rear of whichab$ s the)de of another lot. (Ord. No. 79-2966, aA b0, Lot depth. The mean horizontal distance between the front and rear lot line. 51. Lot frontage. The width of a lot measured along a street. line fila. Lot line, front. The ng the lot from the street. In the case oft;a corner alotuthe shortest street dimension shall be considered the front lot line except that if the street dimensions are within the ratio of from 3:2 to 3:3, then the front lot Ince8a28 a long either street. (Ord. No. 79-2964, § ' 51b. Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of an irregular or triangular-sbaped lot, it shall be an imaginary line not parallel to and (10) feet lons nd within the lot e(Ord. less than ten (10) No. 79-2964,§ 2A,9-28-79) �. 52, Lot width. The width of a lot at the front yard line. 63. Main building. The building occupied by the primary use. 54. Motel. A building or group of attached or detached buildings, containing ind offereld dual to the sleeping rliving blcforcompen in is which lodging otel includes auto court or motor sation. The term m hotel. vehicle which is self -Propelled. 66. Motor vehicle. Every 65a. Nonconforming building. A building or portion there- of, 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 II subsequent 11-26-76 QOrdeNot77-2837( §rII(A), 75-2788, § ( ) 5-24-77) Supp. No. 3 2486 �• MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES u U APPENDIX A—ZONING § 9.10.3 55b. Nonconforming lot. A lot which does not conform to the provisions of this chapter relative to frontage, width or area for the zone in which it is located by reason of the adoption of this chapter or subsequent amendment thereto. (Ord. No. 77-2837, § II(A), 5-24-77) 56. Nonconforming Ilse, 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. (Ord. No. 75-2788, § 11(I), 11-25-75) 57. Nursing home. A building having accommodations where care is provided for two or more invalid, infirmed, aged, convalescent or physically disabled persons that are not of the immediate family; but not including hos- pitals, clinics, sanitariums, or similar institutions. 58. Office building. A building designed for or used as the offices of professional, commercial, industrial, re- ligious, institutional, public, or semi-public persons or organizations, provided no goods, wares, or merchandise shall be prepared on the premises, except that a portion of an office building may be occupied as a drug store, barber shop, cosmetologist shop, cigar stand or news- stand, when such uses are located entirely within the building with no entrance from the street nor visible from any sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use. 50• Owner. The person who holds the fee simple title to the property, and the person or persons who have ac- quired any interest in the property by contract or pur- chase or otherwise. 60. Parking space. An asphalt, concrete or similar perma- nent dustfree surface intended for off-street vehicular parking and which shall be at least nine (0) feet wide and twenty (20) feet long (except as otherwise pro- vided). Parking spaces shall be designed to permit in- gress and egress of the vehicle without moving any other vehicle parked adjacent to the parking space. (In Supp. No. 3 2487 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 IOWA CITY CODE all cases a parking space shall be connected to an aisle.) lo- For single-family and two-family dwellings, when the requirements of this chapter, cated pursuant to be behind another. (Ord. No. 74-2721, one space may 2798, § II (A), 6-22-76; Ord. o. 79-2964, § 2E, 8-28-79) 61. Premises. The land, together with any buildings or structures thereon. 62. Principal use. The primary use of the premises or the primary use of the main building. 63. Public dump grounds. Areas owned and operated by matter and related ma- the City for disposal of waste terial. 64. Remodel or repair. Any change in a building which is not a building alteration or enlargement. 64a. Restaurant. A business where the dispensing and the foodstuff and/or consumption at indoor tables of edible beverage is the principal business operation; including a cafe, cafeteria, coffee shop, lunch room, tearoom, dining The total seating room, bar, cocktail lounge or tavern. located within the enclosed portion of the premises area shall be more than fifty (50) percent of the total floor area. (Ord. No. 77-2854, § 2, 8-9-77) 64b. Restaurant, drive-in or carry/ -out. A business whose edible food- principal operation is the dispensing of and/or beverage for consumption in automobiles, stuff at indoor or outdoor tables, at stand-up counters or to be carried off the premises. The total seating area of if the premises,rcent located within the enclosed portion shall be less than f if tY 0 of providedtotal floor area. (Ord. No. 77-2854, § 2,)8-9-77) 65. Separate tract. A parcel of land or a group of con- ownership on August tiguous parcels of land under one 7, 1962. 66. (Omitted). Supp. No. 3 2488 I MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES APPENDIX A -ZONING j 8.10.8 67. Stacking space. An off-street and permanent dust free surface at least nine (9) feet wide and twenty (20) feet long, designed to accommodate a motor vehicle waiting for entry to a service facility and located in such a way that no parking space or access to a parking space is obstructed. (Ord. No. 77-2854, § 2, 8-9-77) 68. Story. The part of a building included between the sur- face of any floor and the surface of the next floor above it, or to a ceiling above it, if there is no floor above. 69. Story -half. A space under a sloping roof all of which space must be at least three feet high but not more than 60 per cent of which floor area may be finished off for use. 70. Street. Property dedicated or intended for primary pub- lic access to lots. 70a. Structural alteration. Any change in the configuration of the exterior walls, foundation or the roof of a build- ing which results in an increase in the area, height or volume of the building. (Ord. No. 75-2788, § II(I), 11-25-75) 71. Trailer. A vehicle equipped for use as a dwelling and designed to be hauled along a highway whether or not it is placed on permanent foundations. 72. Trailer court or mobile home court. Any lot or portion of a lot upon which two (2) or more trailers or mobile homes, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations. 72a. Tree. A live self-supporting perennial woody plant with a single or multiple self-supporting trunk(s) (the size of a tree to be planted at initial installation is indicated in "The List of Recommended Trees for Iowa City.") (Ord. No. 79-2964, § 2A, 8-28-79) 72b. Tree island. An unpaved pervious area intended for the placement of a tree. (Ord. No. 79-2964, § 2A, 8-28-79) Supp. No. 3 2488.1 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES 3 I I i i I 1 3 § 8.10,3 IOWA CITY CODE 72c. Use. The purpose for which land or a building is in- tended or for which land or a building is or may be occupied. (Ord. No. 75.2788, § IIM, 11-25-75) 73. Valley district. The area which includes the Iowa River and its tributaries and the contiguous flat and low ground that historically has been the stream channel and/or the places that have been inundated by the waters of the Iowa River and its tributaries. 74. Valley channel zone. That part of the Valley District which adjoins the Iowa River and any tributaries which area is or may be needed for conveyance of a now of 25,000 cubic feet per second (c.f.s.) in the Iowa River as measured at the Iowa City Gauging Station. 75. Valley plain zone. That part of the Valley District which adjoirmthe Channel Zone on one aide high land on the other aide and which may be subject to inundation by flow of 25,000 cubic feet per second (c.f.s.) in the Iowa River at the Iowa City Gauging Station. 70, Pard. An open space on the same lot with a building, unoccupied and unobstructed by any structure except as otherwise provided herein. Yard width or depth is measured by the minimum horizontal distance between the lot line and the main building. Supp. No. 3 2488.2 MICROFILMED BY JORM MICR LA CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICR+LAO ir1 CEDAR RAPIDS • DES MOINES , I/ F* APPENDIX A—ZONING g 8,10.26 H. Commercial vehicle parking. Commercial vehicles con- taining detonable materials or flammable solids, liquids or gases shall not be parked or stored on any lot in an R Zone except for the purpose of making local deliveries. (Ord. No. 74-2721, § I1, 5-21-74; Ord. No. 75-2766, § II, 5-27-76) 8.10.26 Permitted accessory uses. A. The following accessory uses are permitted: I. In the RIA, RIB and R2 Zones: (a) Private garages. (b) Home occupations. (c) Vegetable and flower gardens. (d) Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fire- places, and similar uses customarily accessory to family uses, and fallout shelters or blast shelters. (e) Storage of wood, lumber and other material where i the land occupied by such storage is confined to one location with a maximum area of one hundred (100) square feet; provided that there I is at least eight (8) inches of free air space under such storage. (f) Keeping of small animals commonly housed in a dwelling but not for sale purposes; provided, how- ever, that this shall not affect farms of more than three (3) acres where animals are housed in struc- tures located more than fifty (50) feet from prop- erty lines. 2. In the R3 Zone there may also be storage garages, and parking Iota. 3. In the CI, CO, CH and C2 Zones there may also be a use of not to exceed forty (40) per cent of the floor area for incidental storage. (Ord. No. 74-2736, § II(I), 10-16.74) /–' - Supp, No. 3 2539 MICROFILMED BY JORM MICR+LAO ir1 CEDAR RAPIDS • DES MOINES , I/ F* i U ¢ 8.10.26 IOWA CITY CODE 4. In the C2, CB, CBS and M Zones, there may be any accessory use, except that any private off-street park- ing facility in the CB Zone shall be permitted only after approval by the city council subsequent to the receipt of a report from the planning and zoning commis- sion. (Ord. No. 74-2718, § II(N), 4-30-74; Ord. No. 74-2730, § II(C), 8-6-74) 5. Temporary buildings for construction purposes are permitted in any zones as accessory buildings during the course of construction. 6. Accessory buildings may not be used for dwelling pur- poses. 7. In the ORP Zone, there may be printing, publishing, deaign, development, fabrication, assemblage, storage and warehousing, and employee service facilities. (Ord. No. 74-2720,; 11 (U), 5-7-74) B. Accessory buildings shall be located in accordance with the following rules: 1. Accessory buildings may be located in a rear yard but may not occupy more than thirty (30) per cent of a rear yard. 2. An unattached accessory building shall not be located in the front yard, closer than six (6) feet to the main building, or closer than five (5) feet to the side or rear lot line. An unattached accessory building, how- ever, may be located within three (3) feet of a side or rear lot line if it is located at least sixty (60) feet from the street, except that an accessary building shall not be located closer than five (5) feet from the rear lot line of a reversed corner lot. (Ord. No. 79- 2966, § 2B, 8-28-79) 3. Where a garage is entered from an alley it must be kept ten (10) feet from the alley line. 4. On corner lots the minimum buildable width of twenty- eight (28) feet for main buildings Is reduced to twenty- two (22) feet for accessory buildings. Supp. No. 3 2540 MICROFILMED BY JORM MIC Rf�LACI CEDAR RAPIDS • DES MOINES �, i I APPENDIX A—ZONING § 8.10.27 ( 8.10.27 Fence requirements. Purpose. The purpose of this ordinance is to promote the general health, safety and welfare by regulating the height, location and types of fences in the city of Iowa City. U6 Supµ No. 3 2690.1 MICROFILMED BY JORM MICR+LAe7 CEDAR RAPIDS • DES MOINES X I C a APPENDIX A -ZONING § 8.10.34 8.10.34 Annexation. A. Voluntary annexation: All applications for voluntary an- nexation of land to the City of Iowa City shall, in addition to j the necessary requirements for annexation, designate the i zoning classification which the applicant wishes for his prop- erty. Upon receipt thereof, the application shall be referred to the Planning and Zoning Commission for recommendation j on both the annexation and the requested zoning. Planning and Zoning shall have the same time periods for its considera- tion as in any rezoning matter. Planning and Zoning may rec- ommend approval of the requested zoning or the denial thereof. In the event Planning and Zoning recommends denial, they shall make an additional recommendation as to what zoning classification said Commission would recommend. A copy of this report shall be forwarded to the applicant and shall be on the agenda for the next meeting of the City Council. The Council shall set the zoning matter for Public Hearing, pre- scribing the same notice requirements as for a rezoning appli- cation and shall specify the proposed zoning for consideration. If the Council approves the zone, it shall be set by ordinance. No zoning classification not recommended by Planning and Zoning shall become effective except by the favorable vote of three-fourths of the members of the Council and no volun- tary annexation not recommended by Planning and Zoning shall be approved by the Council except by a favorable vote of three-fourths of the members of the Council. The resolution providing for annexation shall be acted upon by the City Council at the time of the Public Hearing on the zoning classi- fication. In the event the applicant fails to designate a zoning clas- sification in his application, no Public Hearing shall beheld and the property may be annexed and shall be classified in the RIA Zone and shall be subject to all provisions of the Zoning Ordinance. B. Involuntary annexation: Whenever, after Public Hear- ing thereon, the City Council shall determine that involuntary annexation proceedings should be undertaken against lands to be annexed, the matter shall be referred to the Planning Supp. No. 3 2661 MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES Tay a § 8.10.34 IOWA CITY CODE and Zoning Commission for its recommendation as to the zoning of said lands. Upon receipt of said recommendation, the City Council shall hold a Public Hearing thereon, pre- scribing the regular notice for rezoning set forth in this Ordi- nance. If the Council approves said zoning, it shall adopt an ordinance setting forth the various zoning classifications for said lands. The Council may approve a higher classification or more restrictive classification than recommended by Planning and Zoning after the hearing but prior to approval of any lower classification or less restrictive classification, the Council must send the matter back to Planning and Zoning for action on the lower classification. This may be done prior to the Public Hearing. In the event it is returned subsequent to the Public Hearing, a new Public Hearing shall be held thereon. If Planning and Zoning recommends against the lower classi- fication, it shall not become effective except by a favorable vote of three-fourths of the members of the Council. 8.10.35.1 Definitions. The following definitions shall be applicable to the provi- sions of this Ordinance [sections 8.10.35.1-9.10.35.24]: A. Advertising sign. A sign that is not an identification or directional sign. E. Animated sign. Any sign or part of a sign that moves or appears to move is defined as an animated sign. C. Billboard sign. A billboard sign is defined as any adver- tising sign directed to the traveling public which has paper posters applied to it. CA Building frontage. The horizontal length of the front wall of a building. (Ord. No. 79-2900, § 2A, 7-3-79) D. Building or wall sign. A sign other than a roof sign, which is supported by a building or wall. E. Changeable copy sign. A sign characterized by change- able or moveable copy. F. Changing sign. A sign in which the sign face or any part thereon changes or appears to change with definite Supp. No. 3 2552 MICROFILMED BY JORM MICRf�LAB CEDAR RAPIDS •DES MOINES APPENDIX A—ZONING § 8.10.35.1 action or motion, flashing and/or changes. The herein de- fined shall not include wind actuated elements. G. Directional sign. An on -premises sign designed to guide or direct pedestrian or vehicular traffic. H. Directory sign. A sign containing the name of a build- ing complex, or center and two or more identification signs of the same size, color, and general design, limited to one (1) identification sign per occupant. I. Exposed light solace. The use of exposed lamps or inert gas tubes or any combination thereof, provided that the ex- posed lamp does net exceed eleven watts or the inert gas tube does not draw more than sixty (60) milliamps. Where inside frosted lamps or exposed lamps with a diffusing screen are used, no lamp shall exceed twenty-five (26) watts. J. External lighting. Illumination by artificial light re- flecting from the sign face, the light source must not be visible from any street right-of-way. K. Facia sign. A single -faced building or wall sign which is parallel to its supporting wall. L. Free standing sign. A permanent sign which is supported by one or more up -rights or braces in or upon the ground and not attached to any building or wall. L.1 Front wall. The wall of a building upon which a sign is mounted including elements of the wall or any member or group of members which defines the exterior boundaries of the side of the building on which the sign is mounted and which has a slope of sixty (60) degrees or greater with the horizontal plane. The area of the front wall is the building frontage times the building height. Where a building con- tains two (2) or more uses, the front wall of a building as used herein shall apply as if each use were contained in a separate building. (Ord. No. 79-2960, § 2A, 7-3-79) M. Identification sign. An on -premises sign that displays no more than the name, numerical address, crest, insignia or Supp. No. 3 2663 MICRIIIIIED DY JORM MICR�LAB CEDAR RAPIDS • DES MOINES L i § 8.10.35.1 IOWA CITY CODE trademark, occupation or profession of an occupant or the Premise, of name of any building on the premises. N. Itkrnlinated sign. Any sign in which a source of light used in order to make readable the message shall be defined as an illuminated sign, is 0• h+stitatiOnal bulletin board. An on -premises sign ing a surface school which I's communitysplaythe name of religious institution, stitution and the announcement of its center or similar in_ R Internal liglItin or activities. source which is not visible but which r aches the e a source h Y an artificial light g medium. ye through the erimeter of the face i or valence of a P Lection from a andmarquee or an within lar ro'mar 10-29.74) building. (Ord, No. 74-2738, Y simi- lar § II(A), R. DIOn¢inient sign, A sign affixed to a structure a grade, in which the sign and the structure part Of one another, built on are nn integral S. Non -co zone but wsigns. A sign which would be allowed in the propel zone but which is Prohibited in the a Which it exists. The elimination of said signs for in this specific zone in Ordinance, gas are prescribed T• Off -Premises sign. A sign. sign that is not i an on -promises is to identify or direct a sign the primary Purpose of which service, activit attention to a profession factored y, product, campaign or attraction business, sold or offered upon the premises where is located. manu- V. Prohibited sign. A sign such sign by this Ordinance. Such a sign prohibited in Iowa gardless oft sign is Prohibited in City, Iowa are prescribed for in this Ordinan or its nce. The re al] zones igns movnl of said signs supe. No. 3 2554 MICROFILMED DY JORM MICR(�LAB CEDAR RAPIDS • DES MOINES NJ APPENDIX A—ZONING § 8.10.35.1 W. Projecting sign. A building or wall sign other than a facia sign, supported only by the wall on which it is mounted. X. Reflectorized lighting. The intensification of illumina- tion by reflectorized lamps or by external reflectors. Y. Revolving sign. A sign which revolves 360°. Z. Roof sign. A sign erected upon or above a roof or parapet of a building and affixed to that roof or parapet. AA. Sign. A sign shall mean any structure visible from the public right-of-way, including but not limited to a device or display, other than buildings or landscaping, used primarily for visual communication for the purpose of, or having the re- sult of, bringing the subject thereof to the attention of a person, group of persons, or the public generally. The term Supp. No. 3 26541 MICROFILMED BY - JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i. I' i V I APPENDIX A—ZONING § 8.10.35.12 related information about the business being conducted on the premises. These signs may also include infor- mation relative to the acceptance of credit cards or bank cards. (Ord. No. 74-2738, § II(N), 10-29-74) C. Special requirements. I. All facia signs shall project no more than one (1) foot from the building and shall not extend above the roof line. 2. Monument signs are prohibited in this Zone. All under - canopy signs shall not exceed a maximum dimension of six (6) feet and/or in any case more than seventy- five percent (757o) of the width of the canopy to whiell it is attached. No portion of said sign shall be less than ten (10) feet above grade level. 3. All directory signs shall not exceed four (4) square feet in area and no dimension of said sign shall exceed two and one-half (21/2) feet. 4. No roof signs, off -premises signs or billboards shall be permitted in the central business service district zone. 5. No temporary painted, cardboard, plastic, paper or similar material signs shall be permitted to be attached to any window or outside wall in the central business service district zone. (Ord. No. 73-2683, § XII, 8-25-73; Ord. No. 74-2744, § II, 11-12-74) 8.10.35.12 511, 512 and ORP Zone regulations. A. General requirements. 1. No sign shall be erected within fifty (50) feet of residential districts which abut M1, M2 and ORP Zones. In all instances as described above, all permitted sign- age shall be bound by all regulations and requirements of signage used in C1 Zones. (Ord. No. 74-2724, 6-18-74) 2. In the event that five (5) or more uses or buildings are contiguous, and individual facia signs as listed below Supp. No. 3 2575 MICROFIL14ED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 0 §§ 8.10.35.12 IOWA CITY CODE �\ in section (B) (1) (a) are erected, a common major sign of the type permitted in section (B) (1) (b) or (B) (1) (c) may be permitted provided, however, that the follow- ing conditions are met. a. The area of the common sign shall not exceed one hundred seventy-five (175) square feet. b. The area of the common sign shall be deducted from the total maximum permitted sign area for all of the individual facia signs, and c. The area of the common sign shall be deducted an equal amount from the maximum permitted sign area for each individual facia sign. (Ord. No. 79- 2960, § 2B, 7-3-79) B. Permitted signs. 1. No more than one (1) of the following signs (a, b, or c) shall be permitted. a. One (1) on -premises identification and/or adver- tising facia sign shall be allowed provided it does not exceed twenty percent (20%) of the area of the front wall of the building. If the building is higher than one story, and the business occupies more than one story, then the maximum size signage per- mitted shall be determined by using twenty percent (20^/0) of the area of the face (or front wall) of i the building that is occupied by the business. Said sign may be non -illuminated or internally or ex- ternally lighted with a non -flashing light source. b. One (1) on -premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total signage of seventy-five (75) square feet. In those instances where building frontage shall exceed one hundred fifty (150) lineal feet, one-half (I/2) square foot per lineal foot of building frontage with a maxi- mum total signage of one hundred fifty (150) square feet. Supp. No. 3 �.. 2576 MICROFILEDJORM MCEDAR RAPIDS 9 Sapµ No. 3 APPENDIX A—ZONING § 8.10.35.12 o• One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot per lineal foot of building frontage and not to exceed fifty (50) Square feet per sign face shall be permitted. Said sign shall than two (2) consist of not more faces, said faces to be parallel or to form not more than forty-five degree (45) angle with each other and may be non -illuminated or internally or externally lighted with a non -flashing light source. 2576.1 MICROFILMED BY JORM MICR+LAB a p CEDAR RAPIDS • DES MOINES , i 5 i 6 APPENDIX A—ZONING § 8.10.40 8.10.40 Regulations for the planting and,preservation of trees within Iowa City, Iowa. 8.10.40.1 Title. This section shall be known and may be cited as "The Regulations for the Planting and Preservation of Trees Within Iowa City, Iowa". The short title for this sec- tion shall be known as "Tree Regulations". 8.10.40.2 Intent. The purpose of these regulations shall be to assure that trees are preserved and planted with the development or redevelopment of structures, drives and parking areas within the City in accordance with the best ecological concepts, environmental objectives and site plan- ning principles, so that the well-being of the residents of Iowa City is protected and enhanced. 8.10.40.8 Necessity. These regulations are necessary in order to: (A) provide an urban environment which is in ecological harmony with the surrounding natural and agricultural environments; (B) provide an urban environment which brings the posi- tive qualities of the natural environment into the City for the benefit of its residents; (C) protect streams and water courses from excessive sur- face runoff and erosion; (D) protect residents of the City from the adverse effects of air pollution, dust, noise, excessive heat and glare; (E) assure that the residents of the City must conserve energy by maximizing the utilization of solar energy by plants; (F) assure that trees are planted within public rights-of- way and on private property so that vehicular and pe- destrian traffic may move in an orderly and'safe manner; and (G) compensate for the lass of vegetative cover and the beneficial aspects of vegetation to structures and the streets, drives, and parking areas which are associated with structures. (Ord. No. 76-2817, § II, 11-2-76) Supp. No, 3 2593 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r APPENDIX A—ZONING § 8.10.40 8.10.40 Regulations for the planting and,preservation of trees within Iowa City, Iowa. 8.10.40.1 Title. This section shall be known and may be cited as "The Regulations for the Planting and Preservation of Trees Within Iowa City, Iowa". The short title for this sec- tion shall be known as "Tree Regulations". 8.10.40.2 Intent. The purpose of these regulations shall be to assure that trees are preserved and planted with the development or redevelopment of structures, drives and parking areas within the City in accordance with the best ecological concepts, environmental objectives and site plan- ning principles, so that the well-being of the residents of Iowa City is protected and enhanced. 8.10.40.8 Necessity. These regulations are necessary in order to: (A) provide an urban environment which is in ecological harmony with the surrounding natural and agricultural environments; (B) provide an urban environment which brings the posi- tive qualities of the natural environment into the City for the benefit of its residents; (C) protect streams and water courses from excessive sur- face runoff and erosion; (D) protect residents of the City from the adverse effects of air pollution, dust, noise, excessive heat and glare; (E) assure that the residents of the City must conserve energy by maximizing the utilization of solar energy by plants; (F) assure that trees are planted within public rights-of- way and on private property so that vehicular and pe- destrian traffic may move in an orderly and'safe manner; and (G) compensate for the lass of vegetative cover and the beneficial aspects of vegetation to structures and the streets, drives, and parking areas which are associated with structures. (Ord. No. 76-2817, § II, 11-2-76) Supp. No, 3 2593 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 § 8.10.40 IOWA CITY CODE cer 8.10.40.4 General applicability. N, building Permit ns rue- tificate of occupancy shall be issued for the construe- occupancy tion, reconstruction or structural alteration of a build- of ing on a lot without conformity With the provisions ngle dual this sec dwel ngs shall be exempts from occupied family the require ments of this section. The distances required herein for the location of a tree shall mean the distance to the center of the tree and where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number. Ttie this and sizes at initial installation of trees permitted ordinance for the use indicated are specified in thehed osteo of Recommended Trees for Iowa City supplement to this section. Evergreen trees, ith the 7evisions screening purposes in accordance �vbe used to satisfy of section 8.10.18.A, Screening, may the requirements of this section PuT�to es, aselisted in a variety suitable for screening purposes, the attached supplement, and are allowed to grow their mature height. Ord. No. 79-2964,herein has not been Editor's noteAppendix., list Of trees referred It may be found on file with the city. included in this 8.10.40.5 Site pian. when Provisions of this section are applicable, a site ("Plot") plan shall be submitted with the request for a building Permit and shall, d addition to the information normally required, include- (A) The size and location of existing and proposed driveways and Parking areas on the lot and Public streets and alleys abutting the lot; ds; and lan (B) The size and location of required tree location and (C) The nature height or demon or largeexisting and pro- type (evergreen posed tree plantings. (Ord. No. 79-2964, § 213, 8-28-79) sway. rovisions shall regulate the Planting 8.10.40.6 Trees adjacent to and within street riDhta•of The following p Of trees adjacent to and within street rights-Of-way: SUPP• No. 3 2684 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i APPENDIX A—ZONING § 8.10.40 I (A) Applicability: (1) Whenever there is a change in an existing use, the requirements of this subsection shall i be applicable to the entire lot or separate tract. (2) Whenever a building is constructed, recon- structed or structurally altered by one or more additions, the total of which increases the floor area by more than ten (10) per cent, the requirements of this subsection shall be applicable to the entire lot or separate tract. (3) If any provision of this section would preclude the planting of one or more trees adjacent to the right-of-way, the trees unable to be plant- ed adjacent to the right-of-way shall be plant- ed within the right-of-way according to the Provisions of paragraph (C). However, trees excluded by the provisions of paragraph (C) may be omitted. (B) Required tree planting adjacent to street rights- of-way. Trees shall be planted adjacent to street rights-of-way and meet the following conditions: (1) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" i as street trees or permitted by the city for- ester. (2) Large and medium size trees shall be planted at a minimum ratio of one tree for every forty (40) feet of lot frontage; or for small size trees, every thirty (30) feet of lot front- age. In the case of a corner lot, only one tree for every sixty (60) fe6t of lot frontage shall be required. (3) Trees shall be planted adjacent to street rights- of-way within eight (8) feet of the right-of- way line but not closer than four (4) feet to /--. Supp. No. 3 1 I � f i 2686 MICROFILMED BY JORM MICR+LA9 ' CEDAR RAPIDS • DES MOINES ;i § 6.10.40 IOWA CITY CODE ted cation 01 a public turels•dewalk wheredewalk or the toneadoeso of not now exist. (4) Small size trees maYholocated e erelarge and medito within c feet of a building; sixteen ( locarn re feet to a bashall not lding. ted closer than (6) Large and medium size trees shall apart; spaced a ed no closer than forty (40 ) or small size trees, no closer than sixteen (16) feet apart, except along streets where screen- ing is appropriate or required. In the latter case, trees shall be planted in accordance with the provisions of section 8.10.18.A, Screening, and be of a variety suitable for screening Pur- poses as designated in the "List of Recom- mended Trees for Iowa City." ( Trees shall be located within tree islands and 6) Tr areas pursuant to �-- separated from parking the requirements of paragraph 8.10.40.7(C), �. Required tree planting for parking areas. (7) Trees shall not be located wit two (2ngular )a of its area at street intersections, sides thirty (30) feet in t from the sure along the right -of -Way lines point of intersection. (8) Trees shall be Placed to avoid interference ntenance and with the construction°uti1 ties above o tion of public and private the utility below ground as determined by companies and the city engineer• (C) placement of trees within public rights-of-way. Trees Planted within public rights of -way shall meet the following conditions. (1) A tree planting permit shall be obtained from the city forester. supp. No. 3 2686 i o MICROFILMED BY JORM MICR¢LA13 h CEDAR RAPIDS • DES MOINES ;; �. APPENDIX A—ZONING § 8.10.40 - __ (2) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the city forester. (3) Trees shall not be located within four (4) feet of a public sidewalk or the anticipated lova_ tion of a future sidewalk where one does not now exist. (4) Trees shall not be located within five (6) feet of the curb. (6) At street intersections, trees shall not be lo- cated within seventy (70) feet of the inter- section of curb lines along arterial streets, fifty (60) feet along collector streets, or with., thirty (30) feet of the intersection of curb lines along residential streets. (6) At the intersection Of a street and an aisle rte\ or a drive and at the intersection of a street ( and an alley, trees shall not be located within �—� ten (10) feet of the drive, aisle or the right-of- way line of the alley. (7) Large and medium size trees shall be spaced no closer than forty (40) feet apart or located closer than sixteen (16) feet to a building. Small size trees shall be located no closer than sixteen (16) feet apart but may be located to within eight (8) feet of a building. (8) Trees shall be placed to avoid interference with the construction, maintenance and oper- ation of public and private utilities above or below ground as determined by the utility companies and the city engineer. (Ord. No. 79- 2964, § 2E, 8-28-79) 810.40.7 Trees on Private prOPerty for residential uses and parking areas. The following provisions shall regulate the planting of trees on private property for real. dentialuses and parking areas; Supp No. 3 2687 MICROPILMED DY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES L § 8.10.40 IOWA CITY CODE (A) Applicability: (1) Whenever the total number of parking spaces required or provided for a use exceeds eight- een (18) parking spaces, the requirements of paragraph (C) shall be applicable. This paragraph shall also apply in the following instances: (a) If the number of parking spaces in an existing parking area is increased to ex- ' teed an area which accommodates eight- een (18) nine -by -twenty -foot parking spaces, the parking area in excess shall comply with the requirements of this paragraph. (b) If an existing parking area, which exceeds eighteen (18) parking spaces, is increased in area, the additional parking area shall comply with the requirements of this paragraph. (c) If an existing parking area does not con- sist of a permanent dustfree surface and is required to be surfaced or altered in any way, the provisions of this paragraph shall apply as if the parking area had not I previously existed. (2) Whenever a residential building is constructed, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by more than ten (10) per cent, the requirements of paragraph (B) shall be applicable to the entire lot or separate tract. (3) Property in the CB zone shall be exempt from the requirements of paragraph (B). (4) Parking ramps, covered parking areas and parking areas that are an integral part of a building shall be exempt from the require- ments of this subsection. Supp. No. 3 2588 /'� •. I MICROFILMED DY JORM MICR(�LA13 CEDAR RAPIDS OCS MOINES a APPENDIX A—ZONING § 8.10.40 (B) Required tree planting for residential uses. Trees Shall be planted on a and meet lot with a residential use the following conditions: (1) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" or permitted by the city forester. (2) Trees shall be planted at the minimum ratio of one tree for every five hundred fifty (660) square feet of total building coverage of the lot. (Where residential uses are combined with other uses, the building coverage shall be de- termined on the basis of the greatest amount of residential floor area of any floor that is Wholly or partially devoted to a residential use.) These trees shall be in addition to the trees required to satisfy the requirements of Paragraph 8.10.40.6(B) and paragraph (C) below. (3) Trees shall not be located within four (4) feet of a public sidewalk or within three (3) feet of a street right-of-way line where a Public sidewalk does not exist. (4) Trees shall not be located within a triangular area at street intersections, two (2) of its soles thirty (30) feet in length and measured along the right-of-way lines from the point Of intersection. (C) Required tree planting for parking areas. Trees and tree islands shall be provided within and abutting the perimeter of the parking area and meet the following conditions: (1) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as appropriate for parking areas or Permitted by the city forester. (2) Tree islands shall be located so every parking Supp. No, 3 space or portion thereof is not more than 2589 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I § 8.10.40 IOWA CITY CODE forty (40) feet from a small size tree within a tree island or sixty (60) feet from a medium or large size tree within a tree island. (3) Tree islands shall be located as to separate parking spaces from drives and alleys as in the illustration below. PRIVATE DRIVE (4) Each tree island shall not be less than one hundred seventy (170) square feet in area for trees allowed in small islands (the length of the tree island shall not exceed twenty (20) feet) and shall be not less than three hundred fifty (350) square feet in area for trees not allowed in smaller islands as indicated in the "List of Recommended Trees for Iowa City." (5) Tree islands shall be separated from parking spaces, drives and alleys by an unmountable curb or a barrier a minimum of five (5) inches in height. The curb or barrier shall be con - Supp. No. 3 2590 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES I I i I APPENDIX A—ZONING § 8.11.02.01 structed in such a manner that saltwater run- off will not damage the tree. (6) Trees allowed in small tree islands shall be Planted within required tree islands at the ratio of one tree for each one hundred seventy (170) square feet of tree island area. Large or medium size trees not allowed in smaller islands shall be planted within required tree islands at the ratio of one tree for each three hundred fifty (350) square feet of tree island area. (7) Trees allowed in small tree islands shall be located a minimum of four and a half (41/•2) feet from the edge of a tree island and trees allowed only in large tree islands shall be located a minimum of nine (9) feet from the F edge of a tree island. (8) Trees shall not be located within four (4) feet of a public sidewalk or within three (3) feet of a street right-of-way line where a public sidewalk does not exist. (Ord. No. 79-2964, § 2F, 8-28-79) 8.10.40.8 Installation. All tree plantings required by this section shall be installed prior to occupancy or com- mencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the building inspector may grant a delay to the seasonal calendar dates of June first or November first, which- ever occurs first. (Ord. No. 79-2964, § 2G, 8-28-79) 8.10.40.9 Maintenance. It shall be the responsibility of the owner of a lot to maintain and replace, if necessary, trees required by these provisions after their planting. I (Ord. No. 79-2964, § 211, 8-28-79) 8.11.02.01 Title. This section shall be known and may be cited as "Flood Hazard Overlay Zones of Iowa City, Iowa." The short title Supp. No. 3 2591 a MICROFILMED DY JORM MICR¢LAB CEDAR RAPIDS • DES 140111ES qey i I § 8.11.02.01 IOWA CITY CODE for this section shall be known as "Flood Management Regu- lations." (Ord. No. 77-2832, § II, 4-26-77) 8.11.02.02 Purpose. The purpose of section 8.11.02 is to establish regulations to help minimize the extent of floods and the losses incurred in flood hazard areas and to promote the public health, safety and welfare. (Ord. No. 77-2832, § II, 4-26-77) 8.11.02.03 Statement of legislative intent This section is intended to permit only that development within the flood plain which is appropriate in light of the probability of flood damage. The regulations in this section shall apply to all property located in the flood plains, as shown on the Flood Hazard Boundary Maps for Iowa City, as adopted by this section and filed with the City Clerk. It is the intent of this section that these regulations combine with and qualify with the zoning ordinance regulations. Any use not permitted by the primary zone shall not be permitted in the flood plain and any use as permitted by the primary zone shall be per- mitted in the flood plain only upon meeting conditions and any requirements as prescribed by this section. (Ord. No. 77-2832, § II, 4-26-77) 8.11.02.04 Supplemental definitions. Administrator—the Federal Insurance Administrator. Appurtenant structure—a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Supp. No. 3 2692 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M 8 i 1. 7-11.78 11(1)-(4 7-25.78 i Ord. No. 78-2909 78-2911 78.2912 78.2913 78-2914 78.2916 78.2916 78.2917 78.2918 78.2920 78.2921 78.2924 78.2926 78.2926 78.2927 78.2929 78.2931 78.2932 78.2933 79-2939 79-2947 79.2942 78.2943 79.2344 79.2D46 79-2946 79-2947 79-2950 SepP, No. 3 CODE CWIPARATIVE TABLE AdpL Date 'I I 7-11.78 11(1)-(4 7-25.78 2,3 Ord. No. 78-2909 78-2911 78.2912 78.2913 78-2914 78.2916 78.2916 78.2917 78.2918 78.2920 78.2921 78.2924 78.2926 78.2926 78.2927 78.2929 78.2931 78.2932 78.2933 79-2939 79-2947 79.2942 78.2943 79.2344 79.2D46 79-2946 79-2947 79-2950 SepP, No. 3 CODE CWIPARATIVE TABLE AdpL Date Section 7-11.78 11(1)-(4 7-25.78 2,3 7-26.78 2 8- 8.78 2 3 8- 8.78 2 8-22-78 2 8-22-78 2-9 (1),(2) 11 RPid 8.22.78 2 9. 5.78 2 9.12-78 2 9.19-78 If 10. 3-78 2 30. 4-78 II(1),(2) 10-17-78 11 (1),(2) 10-17.78 17 10.24-78 2 12- 5-78 II III Rpid 12- 6.78 I Rpld 12- 6-78 2 1-30-79 1 2 3 4 RPId 1.30.79 I -VII VIII 2. 6.79 2 2-20.79 11 2.20-79 2 2.20.79 11 3. 6.79 if 3.20.79 2 4. 3-79 2 2953 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section this Code 17.3(c) -(I) 33.42(e), 33-43 8-17(6),(8), (9),(13), (16),(16) 5-25(a) 5.34(a) 5.1 APP. A. § 8.10.18G 34.69-34-76 34.69-34-74 34.82-34.85 14.60-14.93 Adopting Ordinance, p. ix App. A, § 8.10.3A 2a, 23a, 28a APP• A, § 8.10.7 A7 APP. A, § 8.10.19 11 App. A,§8.10.12K 8.17(16) 23.189 APP. A. § 8.10.21 APP. A, §§ 8.10.22D, 8.10.23 B9, Cl, 2, 8.10.24 B -D 23.279 23.180(b),(c) APP. A, § 8.10.8A 29a, 37a App. A, § 8.10.8A 77, 81, 82 APP. A, § 8.10.27 24.4 23.295-23-801 23.236(17) 8.17(8.01)0.02) APP. A, 18.10-35.22 8.46(6) 12.21 17-12(f) 26.60-26-66 5.2(2) y�y � Z MICROFILMED BY JORM MICR+LAB I. Q CEDAR RAPIDS • DES MOINES IOWA CITY CODE �1 Ord. No. Adpt. DateSection Section 79.2961 d•]0-79 2A thia Coda R 18.1 C 18.17(1) D 18-31(d)(1) E 18.31(d)(6),(7) F 18.82(a)(4) O 18.34 8 18-37(b) I 18.38(a) 79-2981 4d /-79 7A 18 -40(d) 18.48 R 28.297(■) -(e) 79.2968 6. 8.79 RPId 23-298 23.236(17) 2(1) (2) Rnbd17.2 17.4(8)-(j) (Q 17'4(8)-(k) (6) Rpld 17.4(n)(2)b,d 17.1(0), (B) Rnbd 17.6(c),(d) 17.6(e) -(h) as (c)-(1) (7) 17.6(e)(2)■ (B),(9)17.6(e)(2)c i 17-7(e),(1)(1) (19) Rpld 17.7(°) (17) RPId 17 -9(b) -(g) (18) Rnbd 17.9(h) 17-9(1)-(dd) (2E) (22) 17.9(P)(18) (24) Rnbd 17.9(°) 17.10-17.18 i 79-2968(26),(28) 6.29-78 ae 11711-17-14 10,17.11 79.2968 8.19.79 2 IA B 26-80,26.61 I 1C 26.2 79.2969 6-19-79 2 I6.8(b) 16.62 79.2980 7- 3-79 2A6.7-6.9 APP•.A, § 8.10.36.1 2B APP. A, C.1, L.1 § 8.10.36.12 Supp, No. 3 A2 2954 MICROFILMED BY JORM MICR+LAB I. Q CEDAR RAPIDS • DES MOINES 2955 (Th' aoxt Pago Is 29711 MICROFILMED BY JORM MIC R�LAB CEDAR RAPIDS 0E5 MOINES 1 � ICODE COMPARATIVE TABLE Ord. No. Adpt-Date 79-2961 Section Section 79-2962 7-17-78 1-3 this Code 79-2963 7-17-79 7-31.79 2 2.206 2(a) 17.6(d) 79-2969 8.28-79 2(b)23-1 2(e) 23.236(18), (19) 2A APP. A, 23.166 § 8.10.3 A 2b, 22a 2B fila, 516 App, A. § 8.10.3 2C -2B APP. A § A 60 6.10.40.4 79.2966 8-28-78 3 RPId 8.10.9 APP. A, § 0.98.10.40.4 2q —8.10.40.16 APP. A, § 8.10.3 79-2967 9-31-79 2B A 49a APP. A, § 8.10.26 79.2968 9 -II -79 2 1C B2 11.41 79-2870 9-18-79 IA, B 81.30(a)(1))(6) 79-2971 8.18-79 8.18.79 2 32.64(c)(2)(d) 79-2972 9-18.79 1 8.17(13.1) 2(1) 16.62(1) 2(2) 2(3) 17-2 174 (a)(1)(a)(2) 79-2973 9-25-79 2(4) 17-4 (n) (2) (g) 2 RPId 17-6(c) 5.24 2955 (Th' aoxt Pago Is 29711 MICROFILMED BY JORM MIC R�LAB CEDAR RAPIDS 0E5 MOINES 1 � I J 0 CODE INDEX i AIRPORTS AND AIRCRAFT-Cont'd. Aircraft dropping 1 0 MICROFILMED BY JORM MICR+L AB CEDAR RAPIDS • DES MOIRES x CODE INDEX i AIRPORTS AND AIRCRAFT-Cont'd. Aircraft dropping litter__--_ Airport manager '-`-"'-----•---_._.-_ Section Authority to suspend flying 16.86 operations Assumption of risk --- 4.96 �_ ____ _ Blocks, brakes, etc„ "'-'---- ----_.__- Broadband telecommunicntion� 9 4b system ---`--`• Compliance with 4 49 Franchise. See also athat title gement -�_� Building"-- construction; 14-89 (d) ground rental and charges -._• Checking out, planes leaving 4-64 •_ City liability construed -,-,• ""--'-"---- Fire regulations '-'-'-'-- - 4-39 Cleaning of parts, 4-46 motors, etc. Exemptions ---.- Precautions, generally �_-'_`"--------- Smoking and 4-67 4-68 use of matches...___ "-'----- - Fueling while 4-66 an ins running `� Ground rental and ehargea ` --� 4-66 4.61 -___ __ Instruction, flying and test flight, .__'-"" Intoxicating liquor -"'------ 4 -ad or narcotic drugs Restrictions 4 2 re Landin 8'arding g pilots to regiater __ inking off and taxiing --- 9.48 4-38 Liability —~` construed ... _ - Dlinimum height �--` 4.47 of flight, etc. Operation of aircraft 4-46 over cit-�`-'"'-- Parking and moorin y "-"-----------� 4.36 Permit to g areas, deadline, etc. -_-�- use airport 4-1 4.3 --_._ __ _ Payment of ehargea prerequisite to clearance Pilot mechanic 4-37 lr - -__ required at aircraft controls -�- Propellers, warnings re 9-40 4-60 Rentals ..-._.•_L`�-`�- Ground rental and charges I 4.63 _ Repairs to be made in designated pieces -_.. Smoking and 4-64 u,e of mntchca _ �- Starting and warming 4.41 `--^ up, limitations ._,--___ Suspension of flying 4.66 operations by manager of airport i Unsafe lending area to be marked 4.62 4-46 Violations -.� ._.._�_ -_ Wrecked aircraft, disposal ..,~ _ 4 44 4.4 - ALCOHOLIC BEVERAGES 4.42 Airport restrictions regarding use, possession, etc. _... I Beer brand signs prohibited 4.48 ___----� Children. See hereinbelow: Minora ""-'-- Consumption in 6.3 - public places Supp. No. 3 -"` 6-4 l 2979 MICROFILMED BY JORM MICR+L AB CEDAR RAPIDS • DES MOIRES x IONA CITY CODE i n � i Section '- ALCOHOLIC BEVERAGES—Cont'd. in connection with business 6.7 Dances for minors 6 B Generally --•------'"-- Permit required ---•-------"-`` �_-�- 6-9 Revocation ----- -- 62,6-6 Dancingremiaes� ------ 24-27 et seq. sales and acts on P — IONA CITY CODE n � i Section '- ALCOHOLIC BEVERAGES—Cont'd. in connection with business 6.7 Dances for minors 6 B Generally --•------'"-- Permit required ---•-------"-`` �_-�- 6-9 Revocation ----- -- 62,6-6 Dancingremiaes� ------ 24-27 et seq. sales and acts on P — .I Prohibited Disorderliness conduct and houses. See that Disorderly persons, 24-61 title ----___-_ in Public _.----•-•---'- Drinking P ._-�— 6.4 See: Airports and Aircraft Intoxication---•----'gq-7g at seq. I Airport regulations. Iown River regulations ------"---'------ Iowa River. See that title 6 Licenses and permits __.__.---- for renewal ----- 6 22 Application ^-----,•—' Applications .-------'--- 6.19 Beer permits Classes __--------"—"` separate locations, required for sep--_._-----_ 6.21 Separate Permit 6.22 /'1• etc.. --_..—._- Bond required _------'--""`�--�- 6-29 --.-------- Council actions ---- �•_—_.�-� 6.6"i 6.28 Dancing requirements ,_._.—__—•-----'^"—_--' 6.32 .. Fees —_.__.._..__^— --.-.._—•----^"__ 6.29 Refunds ---------'--'_-- documents to st 6.26ate ---"_--"";_ Forwarding of of applicant ----- Investigation Liquor control licensee •---.--^--_____— 6-20 6.30 Classes _.—..._.-._-_.—•--_- _-..-__.._-----"^-'-- 3 6.26-23 t Nature and scope -------'-------• •_ _—..—_..__-- Persons eligible .--------•--'""--_--_—_—_.—_ for 6.27 Premises, requirements onsibilitY----_.-.-- Proof' of financial reap _---- 6-18---- �— Required -------'_' ermiis .--------•"--"_-____—• licenses and P 6.33 6-32 Seasonal etc.---—�•____ of fee, i Surrender, refund Suspension and revocation 6.37 Appeal and hearing — -----,--.�— 6.38 6 36 - Effect of revocation --•--_--'„•—'—_ _ 6 30 GenerallY, grounds-------—��-- 6.33 Specific terms —•----'—”--"" Y__,_.....- 6.31 Term, duration —--•--'"--^— """""' as to location .--•—•-••-^--`--^� TrnnsferabilitY 6.6 Minors_.... .. -•�_.._--.____--... Persona under legal agots m ----"-" ac 6 2 r...__. I _ Prohibited Bales and 2980 Supp. No. 3 I. MICROFILMED BY JORM MICR+LAB " CEDAR RAPIDS • DES MOINES h _ �\ CODE INDEX ALCOHOLIC BEVERAGES—Cont'd. Section Nuisance provisions re unlawful manufacture or sale of intoxicating liquor --___--__ 24.101(2) Persons under legal age -------..— 6.6 Minors. See hereinabove that subject Supp. No. 3 2980.1 141CROFILMED BY JORM MICR LAB CEDAR RAPIDS • DES 01 HES I IN i iff 1„ i f i.„ i R _ CODE INDEX GAMBLING-Cont'd. Section - Nuisance provisions re buildings or places where gam- bling is carried on, etc .---------- ---------- .__.................. 24-101(7) GAMES 81-8 Playing in streets - GARAGES M4 Floor drains _ ............ _...__-_------- _...__-..----- GARBAGE AND TRASH Bulky rubbish---.-..-..__.�.�_._.._.�� 16-62(b) ' Collection, transportation and disposal Collection, generally .--------•--•-•- ----- 16-88 Disposal, generally ...---_-__.---._---- 16-64 Fees .--------------._.--__ - 16.66 Transportation, generally 16-68 Collector's permit Application _- - 16.80 I .. Fee 16-81 Issuance — 16-31 Renewal 16.88 Required .._ _ _—_---- 16-29 Transferability 16-82 Containers Location 16.48 Maintenance of containers and surrounding ars .._ 16.46 ' '•`�' Mobile home park requirements ....... .�.......__-� 22.89 Occupants to place wastes in 16.46 Required _. A_..--.-- 16.16 ; -- Specifications 16.47 County ordinances Effect of provisions re 16-8 Definitions _.-_ -- 16.2 Director 16.6 Rule-making authority Disposal. See hereinabove: Collection, Transportation and Disposal ' Housing standards re storage and disposal of garbage and rubbish _ .................... ......... _.... _.................... _ 17-8(d)et seq. Housing. See that title Housing standards; type III dwellings _.. - 1T-10 Housing. See that title Inspections -...._..._.---__-._.._ 16.4 Iowa River regulations 24-78 atssq. Iowa River. See that title Lien for services _._.».—_--••__—._..-_._._ 16.6 - Clearing of open private property by city -- 16.90 Limbs, brush, bundles, ate. 16.19 - Supp. No. 3 - i 8012.8 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES 4/,Fy r s i IOWA CITY CODE GARBAGE AND TRASH—Cont'd. Littering Section Aircraft dropping litter -- --- Definitions 16-86 _ _ Lakes and fountains, throwing litter in �_ 16-78 ...._._ _ Occupied private property, depositing on 16 B6 _..___...... Open private property 16 -87 Clearing by city upon owner's failure Parks, throwing litter In 16.90 __....... _ _^ _ - _ Placement of litter in receptacles 16-84 e0. as to prevent scattering _ Promises free of litter, owner 16.80 reaponaiblli Prohibited in public places '---- ,generally 16.88 ........__. ...._..__ Short title _ .............._......._.._...._..__.._..__--'--.-_ 16-78 Sweeping into gutters, etc. 16.77 ....... _.._..____.._ --- -` Throwing litter from vehic:ee 16-81 ,__.....__. Trucks auaing litter, operetion .._._..........._z_"� Vacant Iota, throwing or depositing 16.83 on ._ _ on '�-- Mobile home park receptacles 16-89 .__.ing Newsprint collection, reguiats for `�-'— 22-89 Nuisance provisions re rubbish, refuse, waste, offal, etc., thrown or depoaited 16-11 upon streets, sidewalks, etc......_.........._._�._...__..�...__..._.__. Permits ..................... 24-101(10) . Collector's permit. See. hereinabove that subject Pickup schedule Prohibited practices — _ 16.62(d) _._.._.,.___._..�^.. Public works department divisions 16.7 _..._.____„___._ Purpose of provisions 2.160.. Responsibility of collectors I6-1 ____,—._----- Storage 16-62(g) Transportation i Containers. See within this title that subject , Collection, transportation disposal. 16.63 and See herein- above that subject Tree limbs, yard wastes, eta Collection, transportation and disposal _.___._,- _- Violations 16.62(c) City's right to withhold services _ Hearings, subsequent action 16-10 Notice '—"-'------ 16-9 Yard wastes —'----- 16.8 16.60 CAS Franchise Franchises. See that title 1427 at seq. Supp. No. 3 3012.4 MICROrILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES a CODE INDEX GAS INSTALLATIONS if . Housing standards re maintenance ofu and facilities 8 appliances Section ..... ...... ...... Housing. See also that title-------'-'- """""' 17'7(8) Mechanical code _-___-_ Mechanical code. See that title---- 8-44 at seq. Storage zones for flammables, combustibles, etc.. , Utilities, applicable and relative 12-18 at seq. provisions. See; ties Utill- GATHERINGS Group activities In Parke ..... ..... __ Parke and recreation. See that, title Unlawful 26-48 at seq. assemblies _ Assemblies. See that title _ __ —_.--- ---------- 24.2 GENDER Words use for interpreting code .._.._ Supp, No. 8 3012.5 MICROFILMED DY DORM MICR4�LAB CEDAR RAPIDS • DES MOINES M if . MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS - DES MOINES yJoy CODEINDEX HOUSING—Cont'd. Section Unfit for human habitation Condemnation procedures ................................................ 17-12(b) Designated and placarding as condemned ................. 17-12(a) Removal of placard prohibited ... . ............................... 17-12(e) Enumeration of defects ...................... _............................ 17-12(s) Generally... ................ .............................. ........ 17-12(a) Re -occupy condemned dwelling ................... .................. 17-12(d) , Vacating condemned dwelling .................................. .. 17-12(c) Use and location requirements, minimum ........................ 17.6 Ventilation. See within this title: Lighting, Ventilation and Heating ' Violations Failure to permit entry, penalty •...--..-.-- . ....... - 17-3(e) Service of notice of violation ...................................... _.. 17-3(g) Water and sewer system Connection of sanitary facilities to .............................. 174(h) Water heating facilities Required.................. _................................. _....................... 17-4(g) Yards Minimum rear yard requirements .................................. 17-6(s) ' Minimum side yard requirements .................................... 17.6(6) HOUSING AND INSPECTION SERVICES DEPART- MENT Administrative service departments ............................ __ 2-1 at seq. Assignment of services ..........._ ....................__._.._....__ 2-138 , Composition................................................ _— ........ _............ 2-137 i.. '. Director....................................... ............... _.......................... _ 2.138 Established....................... _..... _.._.._............... _.............. _. 2-137 Purpose........ _.__...._........._.....------ --- _...._--__...._..._._ 2.136 HUMAN RELATIONS DEPARTMENT Administrative service departments .._.......... 2-1 at seq. I _ Director Appointment ........ —---- -------------- _.___..__...._—...... 2.168 Powers and duties _.___._.._..._..—.._ _____—.__ 2.164: , i Established ....... _._.._....____— ..... .... ._----- ____—___ 2.162 � .. Purpose . ........ 2.161 -. HUMAN RIGHTS Commission Established, duties In general --------- 18.18 - Powers in general _._......_....__...._...------- 18-17 Records to be public, exceptions —.-- I8-18 Structure, composition 18-18 Definitions -- — 18-1 Discriminatory practices - Aiding or abetting violations 18-a6 i Credit transactions, exceptions — -- 18-94 ` Supp No.3 3020.1 MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS - DES MOINES yJoy IOWA CITY CODE HUMAN RIGHTS_Cont'd. Employment, exceptions_•_ Housing, exceptions '--""-------- Section . ._...� Investigation of complaints --�'-- 18.31 18.32 Conciliation results "' - 18.38 Findings and orders -"""----- Judicial review, 18.40 enforcement ^__--^—" Notice and hearing """---^ Proceedings upon ----"------ 18.43 18.44 18.42 failure Results of invests ation, tO conciliate �_-__._-_. Public eccomm g action to be taken - odations, 18'41 ig•39 _.,` exceptions Reports .. 18-33 _ Retaliations or reprisals -__-- '""--- _ Purpose of provisions ------'-'^-- 18.37 18.38 HUNTING-�- --- 18.2 Firearms, discharging . - Firearms and weapons. Sea that tltle 24.04 HYDROPHOBIA Rabies and disease control ^� Animals and fowl. See that title'------- 7.47 at seq. ICE AND SNOW REMOVAL Requirement — Street and sidewalks. See that title 81-120 at seq. - ICE SKATING Iowa River regalatiosle `•Iowa River. See that yy- e --"'-^^----....._. 24.78 at seq. . ._ ILL FAME, HOUSE OF Nuisance abatement regulatlons Nuisances. See that title 21.101 etseq. IMPERSONATIONS Impersonating an officer INDECENCY AND OBSCENI -"" 24.3 Disorderliaess Disorderly "Miss, eonduct and house. See that title i 24.27 at seq. Indecent exposure and conduct .... M _...... _ Nuisance provisions re lawdneu, """"""""` Pate......... INDIVIDUALS i 24.114 24.101(7) Person construed to 1.2 Supp, No. 3 3020.2 MICROFILMED BY r. JORM MICR+LAB S' CEDAR RAPIDS • DES MOINES d A I / CODE INDEX INDUSTRIAL REVENUE BONDS Issuance Financing fee Section Nonrefundable deposit .�^ �`-------- Relationship to other ordinances "`-" 2-206(6) 2-206(a) _ INDUSTRIAL WASTES ' 2-206(c) Unlawful discharges i --- Water and sewers. See that— title-.__"--'•-'—""`•' INFANTS. i i I / CODE INDEX INDUSTRIAL REVENUE BONDS Issuance Financing fee Section Nonrefundable deposit .�^ �`-------- Relationship to other ordinances "`-" 2-206(6) 2-206(a) _ INDUSTRIAL WASTES ' 2-206(c) Unlawful discharges --- Water and sewers. See that— title-.__"--'•-'—""`•' INFANTS. 33.18 See: Minors INFLAMMABLES Fire prevention code adopted _,.__•_.•. Fire prevention _ code. See that title"•"" INOCULATION - 12.16 at seq. Rabies and disease control Animals and fowl. See `•-""--•• that INSPE SERVICESartmen' 7.47 at seq. &a0 If-u-1119titleIf-u-1119 and Inspection ServiceO De INSURANCE Boards and commissions services _ City Plaza, insurance and indemnification City Plaza. See 2.102 \ INSUR also that title INSURANCE SALVAGE � SALES Coioing_o•of-business and similar sales Cotng-out.of•business _ title and similar sales, yes that 21.31 at seq. Supp. No. 3 3020.3 i i i MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES --� CODE INDEX MAYOR—Cont'd. _ --- Chief city representative __-___•-_, Section 2-96 Compensation —_�________•__-_—i.-_�.-- . Contracts, purchasing, etc. 2-44 Powers to -- Mayor pro tem 2-96 —.____,_ Powers -""`---- 2-42 Voting rights —_ 2-46 -.�`—_ _- _— Council meetings and g procedures. See: City Coun- 2.43 cil MEAT AND MEAT PRODUCTS Poison meat exposed to animals 7,4 Animals and fowl. See that title MECHANICAL CODE .; _ _. .. ..:. Adopted —.—'----------'--._.._.. Amendments• • - -• --- ' 8.44 ._._._.---'-----__—_.—�_ .: Appeals 8-46 _..._.__...__.__—....__._—_..._—__..___�. Conflicts in provisions 8-46 8-47 _, Minimum requirements _..___. .........._..__��_.._ 8.47 Violations Violation notices; stop -work orders; penalty; abate- . ment ----------- — — 8.48 MEDICINES. See: Drugs and Medicines MEETINGS Smoking prohibited in public meetings __......._.—•_ 24-6 Smoking. See also that title Unlawful assemblies --_ 24-2 _ Assemblies. See that title MENAGERIES Circuses, carnivals, menageries, etc i .._._---_._— Circuses, carnivals, menageries, etc. See that title 6-16 at seq. METAL CONDUIT WORK Electrical regulations _ Electricity (generally). See also that title 11-10 METALLIC KNUCKLES Concealed weapons, carrying�- Firearms and weapons. See that Ntle— — — 24.66 MIND READERS _..... Fortune-tellers, palmists and similar practitioners .... 21-17 at seq. Fortune-tellers, palmists and similar practitioners. See that title MINORITY RELATIONS Human rights provisions __� _. � --•---'----. 18-1 at seq. Supp. No. 3 3027 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES IOWA CITY CODE MINORS (Juveniles, children, infants, etc.) Section Alcoholic beverage regulations 6-1 at seq. - Alcoholic beverages. See that title Curfew provisions _ 24.32 at seq. Curfew. See that title Dances for minors in connection with business __ 6.7 at seq. Alcoholic beverages. See also that title Iowa River regulations ...... 24.78 at seq, Iowa River. See that title Junk dealers and pawnbrokers purchasing from .___ 19.3 Junk dealers and pawnbrokers. See that title MISCELLANEOUS PROVISIONS. See; Offenses and I Miscellaneous Provisions MISDEMEANOR Construed ...... _ 1-2 MISSILES, BALLS, ETC. Prohibited activities in parka, etc. _ 26.1 - -. - - - Parks and recreation. See that title- - Throwing balls in streets __..___.�_._.._..._—_ 31.3 MOBILE HOMES AND MOBILE HOME PARKS Applicability --- 22.3 - ... - Definitions — — 22.1 Nonconforming parks Applicability 22.3 Park licenses j Applications ,�_22.17 Fees .............. ._..._----- 22.19 i Investigation of applicant=^ 22.18 Issuance 22-18 Posting —_ 22.20 Required 22-16 Revocation _._ 22-21 Park standards Animals and pets 22.41 Clearance between homes 22.36(4) Drainage _— _ 22-34(1) Driveways .. 22.34(6) Electrical outlets 22-84(8) O - Fire protection 22-40 1' Garbage receptacles --- 22-89 Location restricted 22-33 Off-street parking 22-34(10) Park plan _ _ 22-34 Patios ._ 22-84(8) Public lighting �— 22-34(7) ( . Sanitation facilities ,r _ 22-38 Service buildings 22-84(9),22-87 Supp. No, 3 3028 1 4 I ' MICROFILMED BY JORM MICR+LAB '' CEDAR RAPIDS • DES MOINES CODE INDEX TRAFFIC—Cont'd. Toy vehicles. See within this title: Coasters, Roller Skates and Similar Devices Traffic Applicability of provisions Traffic engineer. See hereinabove: City Traffic En- gineer Traffic -control signs, signals and devices Authority to install and maintain _...... Colored signals and lights, explanation as to mean- ingof -------------------- Defined ___—__ __- Interfering, knocking down, removal, etc. Legality, presumption of Alanual and specifications Obedience required Other requirements as to installation, location, place- ment, etc. See elsewhere herein specific places, functions, etc., for which signals are required Stop signs and yield signs. See within this title that subject Traffic lanes, marking Traffic -control signal legend ______ Unauthorized signs, signals or markings ------- Yellow lines, crossing Trailers Combination vehicles. See hereinabove that subject Defined Trains. See hereinabove: Railroads and Trains Truck tractors Defined ------- Trucks Combination vehicles. See hereinabove that subject Size and weight limitations. See hereinabove that subject Turning movements Control of vehicle on curves, sharp turns, etc. _. Devices altering normal course for turns Authority to place Intersections Turning at, generally Restricted signs, authority to place Signal requirements Turning left U turns, authority to place restricted signs Supp. No. 3 3067 IICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section 23.3 23.30 23-34 23-1 23.36 23-33 23.32 23.29 23.31 23.34 23-36 23.162 23-1 23-1 23.190 23-198 23200 23-190 23.182 23.166 23-199 70 �J a IOWA CITY CODE i ._..� TRAFFIC—Cont'd. Section f IOWA CITY CODE ._..� TRAFFIC—Cont'd. Section Unattended vehicles Accidents involving 23.60 Responsibility when leaving 23.121 Unlawful riding on vehicles _ 23-186 Vans Combination vehicles. See hereinabove that sub- ject Vehicle Defined 23.1 Vehicles. See hereinabove: Motor Vehicles and Other Vehicles Violations Impoundment 28.21 Owner prima facie responsible for 23-20 Parking penalties 23.266 Warning devices, control of vehicle 23.190 _ Weight limitations. See hereinabove: Size and Weight Limitations Wheels. See within this title: Tires and Wheels on Vehicles White canes for blind persona 23-221 j Pedestrians. See within this title that subject Workmen on highways ' Driver regarding 23-218 Wrecks. See hereinabove: Accidents Yellow lines, crossing _ 25.162 - Yield signs. See hereinabove: Stop Signe and Yield Signs TRAILERS , Mobile homes, etc. 22-1 et seq. Mobile homes and mobile home parks. See that title Traffic. See that title TRANSIENT MERCHANTS Peddlers' regulations �____ 20-1 et seq. Peddlers, canvassers and solicitors. See that title TRANSIT SYSTEMS Public works department divisions 2-188 TRASH. See: Garbage and Trash TREES AND SHRUBBERY Animals tied, staked, tethered, hobbled, etc. 7-20(e) Animals and fowl. See that title Cemetery plants, Injury to 9-9 Disposal of limbs and brush 1649 - Garbage and trash. See that title Supp. No. 3 �. 3068 , MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES 6N CODE INDEX TREES AND SHRUBBERY—Cont'd. Prohibited activities in Parke, to Parks and recreation. See that tit Tree and forestry regelat, ns Is Zoning See that title g requirements _ Zoning. See that title-- 3068.1 MICROFILMED BY JORM MICR+LAE] CEDAR RAPIDS • DES MOINES Section E&1 81-18 at seq. APD. A G i i 1 i i . j t MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES IL MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ORDINANCE NO. 80-2989 AN ORDINANCE AMENDING SECTION 5-26 OF THE CODE OF ORDINANCES OF IOWA CITY TO REQUIRE THAT AN ESTABLISHMENT FOR WHICH A LIQUOR CONTROL LICENSE OR BEER PERMIT IS ISSUED SHALL BE LOCATED ON THE GROUND FLOOR OF A BUILDING AND SHALL CONTAIN WINDOWS WHICH PERMIT VISIBILITY OF ITS INTERIOR FROM THE PUBLICWAY. SECTION I. PURPOSE. The purpose of this ordinance is to amend Section 5-26 of the Code of Ordinances of Iowa City to require that an establishment for which a liquor control license or beer permit is issued shall be located on the ground floor of a building and shall contain windows which permit visibility of its interior from the publicway. SECTION II. AMENDMENT. Section 5-26 Requirements for Premises is hereby amended by adding the following: (6) No class "C" liquor control license nor class "B" beer permit, except for hotels, motels, restaurants and private clubs, shall be approved for an establishment which is not located on the ground floor of a building and which does not contain windows which permit visibility of its interior from the publicway. An establishment will meet this requirement if the area devoted to the dispensing and storage of beer and liquor is located on the ground floor and 70% of the area accessible to the public is located on the ground floor. An establishment will be considered to be on the ground floor if it is located on a mall level. This provision shall not be applicable to establishments which were licensed prior to March 1, 1980. SECTIONIII. 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 adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. IICROFLLMED DY DORM MIC Rf�LAB ii CEDAR RAPIDS • DES MOINES i �� I: i '}. ;� n It was moved by Erdahl and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALNER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration February 19, 1980 Vote for passage:Ayes: Vevera, Erdahl, Lynch, Neuhauser, Perret. Nays: Balmer, Roberts. Second consideration February 26, 1980 Vote for passage:Ayes: Lynch, Neuhauser, Perret, Vevera, Erdahl. Nays: Roberts, Balmer. Date Published March 17, 1980 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES —I `d i r I e S A i! ! ,1 r I f n It was moved by Erdahl and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALNER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration February 19, 1980 Vote for passage:Ayes: Vevera, Erdahl, Lynch, Neuhauser, Perret. Nays: Balmer, Roberts. Second consideration February 26, 1980 Vote for passage:Ayes: Lynch, Neuhauser, Perret, Vevera, Erdahl. Nays: Roberts, Balmer. Date Published March 17, 1980 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES L x i e I e n It was moved by Erdahl and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALNER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA First consideration February 19, 1980 Vote for passage:Ayes: Vevera, Erdahl, Lynch, Neuhauser, Perret. Nays: Balmer, Roberts. Second consideration February 26, 1980 Vote for passage:Ayes: Lynch, Neuhauser, Perret, Vevera, Erdahl. Nays: Roberts, Balmer. Date Published March 17, 1980 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES B- e ORDINANCE N0. 80-2989 AN ORDINANCE A14ENDING ORDINANCE _N 605 TO REQUIRE THAT AN ESTABL FOR WHICH A LIQUOR CONTROL LI OR BEER PERMIT IS ISSUED SHALL 8 GATED ON THE GROUND FLOOR OF A BUILDIN D SHALL CONTAIN WINDOWS WHICH PERMIT S]BILITY OF ITS INTERIOR FROM THE S ION I. PURPOSE. .The purpose of this ordinance j Is to amend Ordinance No. 2605 to require that an i establishment for which a liquor control license or beer permit is issued shall be located on the ground floor of a building and shall contain windows which permit visibility of its interior from the publicway, SECTION II. AMENDMENT. Section IV nditions for Approval of License of a Permi remises is hereby amended by adding the follow' F. No class "C" ' uor control license nor class "B" beer ermit, except for hotels, motels, res rants and private clubs, shall be approv for an establishment which is not locate on the ground floor of a building and whi does not contain windows which permit I 'sibility of its interior from the publicway. An establishment will meet this requirement if the area devoted to the dispensing and storage of beer and liquor is located on the ground floor and 70% of the area accessible to tte.�_ public is located on the ground flAw'— n establishment will be considered a on the ground floor if it is locat n a mall level. This provision shall be applicable to j establishments whi were licensed prior to ji January 1, 1979. SECTION III. EALER. All ordinances and parts of ordinan in conflict with the provision of { this ord' nce are hereby repealed. x SEC N IV. SEVERABILITY. If any section, vision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such j adjudication shall not affect the validity of the 0 Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Ord. No. 80-2989 Page 2 Passed and appr ... dV 4th day of March, 1980. MAYOR —�— ATTEST: it LITLITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i j' t r •. t � < S 1 I i I Passed and appr ... dV 4th day of March, 1980. MAYOR —�— ATTEST: it LITLITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES j' t i I I i Ord. No. 80-2989 Page 3 --" It was moved by Erdahl seconded by Perret and Ordinance be adopted, and upon roll catlthat ththe e were: AYES: NAYS: ABSENT: —x— x Lynch Erdahl x -- Neuhauser x -- _ Perret x -- Roberts -- Vevera First consideration Fehurary to +� Vote for passage: Ayes 98dnh1, Lynch Neuhauser, Perret, Naye: Balmer, Roberts.' Second considerationFeburery 2_ Vote for passage:A ems-- 1980 Perret, Vevera,yErdahl.c Neuhauser, Balmer. Nays: Roberts, 17 Date Published March rg, 1980 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RECEIVU & APPPOVED BY TIIEI LEGAL HPAHTMISNT M r n ORDINANCE NO. 80-2989 AN ORDINANCE AMENDING ORDINANCE NO. 2605 TO REQUIRE THAT AN ESTABLISHMENT FOR WHICH A LIQUOR CONTROL LICENSE OR BEER PERMIT IS ISSUED SHALL BE LOCATED ON THE GROUND FLOOR OF A BUILDING AND SHALL CONTAIN WINDOWS WHICH PERMIT VISIBILITY OF ITS INTERIOR FROM THE PUBLICWAY. SECTION I. PURPOSE. .The purpose of this ordinance is to amend Ordinance No. 2605 to require that an establishment for which a liquor control license or beer permit is issued shall be located on the ground floor of a building and shall contain windows which permit visibility of its interior from the publicway. SECTION II. AMENDMENT. Section IV Conditions for Approval of License of a Permit -Premises is hereby amended by adding the following: F. No class "C" liquor control license nor class "B" beer permit, except for hotels, motels, restaurants and private clubs, shall be approved for an establishment which is not located on the ground floor of a building and which does not contain windows which permit visibility of its interior from the publicway. An establishment will meet this requirement if the area devoted to the dispensing and storage of beer and liquor is located on the ground floor and 70% of the area accessible to the public is located on the ground floor. An establishment will be considered to be on the ground floor if it is located on a mall level. This provision shall not be applicable to . establishments which were licensed prior to January 1, 1979. 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 adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. MICROFILMED BY JORM MICR4LAB CEDAR RAPIDS • DES MOINES y9� I Ord. No. $Q19g9 Page 2 h f Passed and approved �ag March, 1980. MAYOR ATTEST: N� CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 9�- Ord. No. 80-2989 Page 3 I rN, It was moved by Erdahl and seconded by Perret that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera First considerationFelurary 19.1980 Vote for passage: Ayes: Vevera, Erdahl, Lynch, Neuhauser, Perret. Nays: Balmer,' Roberts. Second considerationFehurary . 26 1980 Vote for passage:Ayes: Lynch, Neuhauser, Perret, Vevera, Erdahl. Nays: Roberts, Balmer. Date Published March 12, 1980 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RECEIVED & APPROVED BY THE LEGAL DEPARTMENT i r L. Graham Dameron, MPH Director December 19, 1978 CpUPI'�Y FI_A! TSI 538 SODth Gilbert Street Iowa City, Iowa 52240 Phone 351 •3085 DEPARTMENT BOARD OF HEALTH Evelyn C. Weeber Charles deProsm, MD Orval Yoder Keith Hemingway I Jean Brown ! MEMORANDUM TO: Neal Berlin, Iowa City Manager Robert Vevera, Iowa City Mayor Members of Iowa City Council FROM: Kathryn Flora, Sanitarian SUBJECT: Proposed Ordinance Prohibiting Bars Above First Floor Level I would prohibitbrrsorcreference o his taverns abovefirstfloor plevelsa Tcorrespondence adoMytnance which understanding f of the ordinance as now proposed, is that bars in a "mall" area would be exempt from this ordinance. Unless very specific preventive measures would then be required of a "mall" bar, wouldn't the potential for restroom water overflow problems also exist? This department is interested in the ordinance, and if we can be of any assistance, please call us. Thank you. MICROFILMED BY n JORM MICR+LAB _ N CEDAR RAPIDS • DES MOINES A B 1 e P 1 V1 1 n A 1 � 1 a L. Graham Dameron, MPH Director December 19, 1978 CpUPI'�Y FI_A! TSI 538 SODth Gilbert Street Iowa City, Iowa 52240 Phone 351 •3085 DEPARTMENT BOARD OF HEALTH Evelyn C. Weeber Charles deProsm, MD Orval Yoder Keith Hemingway I Jean Brown ! MEMORANDUM TO: Neal Berlin, Iowa City Manager Robert Vevera, Iowa City Mayor Members of Iowa City Council FROM: Kathryn Flora, Sanitarian SUBJECT: Proposed Ordinance Prohibiting Bars Above First Floor Level I would prohibitbrrsorcreference o his taverns abovefirstfloor plevelsa Tcorrespondence adoMytnance which understanding f of the ordinance as now proposed, is that bars in a "mall" area would be exempt from this ordinance. Unless very specific preventive measures would then be required of a "mall" bar, wouldn't the potential for restroom water overflow problems also exist? This department is interested in the ordinance, and if we can be of any assistance, please call us. Thank you. MICROFILMED BY n JORM MICR+LAB _ N CEDAR RAPIDS • DES MOINES A B 1 CITY. 0.1�FV-fl'jCIVIC CFNI[R 1ll�' December 22, 1978 Kathryn Flora Johnson County Health Department 528 S. Gilbert Street Iowa City, Iowa 52240 Dear Ms. Flora: n OWA CITY Thank you for your comments regarding the proposed amendments to the liquor ordinance; they will be referred to the City Council for their consideration. Our interest in preventing second floor bars was prompted by the difficulties of the Police in enforcing liquor regulations in bars which are not quickly accessible to them. In addition, there is concern over the time required to evacuate a second floor bar in case of fire. A mall level functions as a street level in relation to these concerns. While the problem of restroom overflow may occur in a mall, it would seem that it would be minimized by the type of construction in a new mall in contrast to the existing situation in older buildings. Please continue to share your ideas with us on any matter of mutual interest. Sinc re �, Neal Berlin City Manager jm5/17 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M ■ T 1 1 CITY. 0.1�FV-fl'jCIVIC CFNI[R 1ll�' December 22, 1978 Kathryn Flora Johnson County Health Department 528 S. Gilbert Street Iowa City, Iowa 52240 Dear Ms. Flora: n OWA CITY Thank you for your comments regarding the proposed amendments to the liquor ordinance; they will be referred to the City Council for their consideration. Our interest in preventing second floor bars was prompted by the difficulties of the Police in enforcing liquor regulations in bars which are not quickly accessible to them. In addition, there is concern over the time required to evacuate a second floor bar in case of fire. A mall level functions as a street level in relation to these concerns. While the problem of restroom overflow may occur in a mall, it would seem that it would be minimized by the type of construction in a new mall in contrast to the existing situation in older buildings. Please continue to share your ideas with us on any matter of mutual interest. Sinc re �, Neal Berlin City Manager jm5/17 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M ■ T