HomeMy WebLinkAbout1976-11-02 OrdinanceORDINANCE NO. 76-2816
AN ORDINANCE AMENDING ORDINANCE NO. 76-2807 WHICH REGULATES TM
RATE OF DISCHARGE OF STORM iWMER RUNOFF BY ENACTING A, NEW EFE8C
TIVE DATE OF SAID ORDINANCE AND REPEALING SECTION XV OF"ORDI�i�\CE
NO. 76-2807.
SECTION I. PURPOSE. The purpose of this ordinance is to amend Or
djnanoe
No. 76-2807 which regulates the rate of discharge of storm water runoff by enac
a new effective date for said regulations.
SECTION II. AMIg Nl, Section XV shall now, state as follows:
This Ordinance shall became effective on the 6th day of NoveDber,
1976.
SECTION III. REPEALER, Section XV of Ordinance No, 76-2807 i,s.hereiiy,
and all ordinances or parts of ordinances in conflict with the provisions of
ordinance are hereby repealed.
SECTION IV. EFFECTIVE DATE, This Ordinance shall be in effect,aftex its.
final passage, approval and publication as required by law.
It was moved by Balmer and seconded by
that the Ordinance be
finally adopted, and upon roll call there where:,
AYES: NAYS:
ABSENT:
x
Balmer
d--Prosse
x
Foster
x
Neuhauser
x
Perret
x
Selzer
x
Vevera
i
ATTEST:ZaZ
�''���AI
i
City Clerk
Mayor —
First Consideration
It was moved by Balmer and seconded by deP;Osse that; the
requiring the Ordinance to be considered and voted on for
passage at two Council meetings prior tq ttie
which it is
meeting at
Second Consideration
to be finally passed be suspended,
the first
s
second, consideration and vote be waived, and .that ,the- prd
nance be voted upon for final
Date of Publication
passage at this time. Roll
deProsse, Foster, Neuhauser, Perret, Selzeq, Vevera,, Balm*
Nays: none. Motion adopted; 7f0.
Passed and approved this 2nd day of November
76
City of Iowa City
MEMORANDUM
TO: John Hayek, City Attorney
FROM: Tony Kushnir, Asst. City Attorney
RE: Licensing Procedure
FACTS
DATE: October 22, 1976
Attached please find a letter to the City Council from
William L. Meardon concerning the licensing procedure established'
by the City of Iowa City. Specifically, Mr. Meardon objects. to
the application form for the license claiming the last paragraph is
discriminatory and violative of the constitutional rights of the
applicant. The paragraph at issue states as follows:
i
I/we agree that agents and employees of the City
of Iowa City and all law enforcing officers shall have
the right to enter, examine, inspect and search without
a search warrant any time during the twenty-four houses
of any day, any and all parts of the premises except
for mobile homes owned by persons other than the
applicant, and to seize any evidence or photograph
any violation of any law of the State of Iowa or
ordinance of Iowa City, Iava, and that such may be
used in any trial or proceeding before any court of
law or before the Council of the City of Iowa City,
Iowa.
ISSUES PRESENTEE)
In such language within the authorization of the ordinance
which provides for the licensing requirement and procedure?
CONCLUSION
The language at issue is beyond the requirements as stated
in Chapter 9.54.4(A)(6) of the Municipal Code.
DISCUSSION
0
I have been informed by Abbie Stolfus, City Clerk, that the
above language was taken from the application for a beer or liquor
permit. Such language is required by, Chapter 5.24.3 of the
Municipal Code of the City of Iowa City
Iava, which state's that an
applicant for a liquor or beer permit must give written consent to
inspection of the premises for violations of the provisions of k
State or municipal liquor control laws. Case law has estalli.she&
0 -2- •
the recognition that certain licensed activities are not garited
full constitutional protections afforded to other persons or ac4vi
ties. one of these activities is the sale of liquor. Another, is the
sale of firearms. The Iowa Supreme Court in Smithy• Iowa,LiaWt,:i7ntsal
Commission, 169 N.W.2d 803 (1969) held that a beer license could ;be
revoked without a hearing of adjudicative 'facts. The United State's
Supreme Court has consistently held that the full reach of the Fourth
Amendment, which provides for reasonable search and seizure pursuant: to
a warrant, does not extend to government licensed liquor dhIalers.
United States v. Biswell, 406 U.S. 311, Colonade Catering Corp. v.,
United States, 397 U.S. 72, also Boyd v. United States, 11,6 UIS. 616.
In the discussions above, the courts noted that, historically
there has been compelling governmental interest and need ii licensing
the activity and that the requirement of inspections was ap byp=tAnt.
factor in that licensing.
The historically broad authority of goverment which pervad•'s the
licensing of such activities as liquor or firearm is lacking in other
activities such as housing or sanitation. In cases involving the
enforceirent of municipal housing codes, the .United States:Supreme;,Court
has required the obtaining of a search warrant prior to tlI search of
the premises. Camara v. Municipal Court of the City and Gotmty of
San Francisco, 387 U.S. 523; See v. City of Seattle, 387 144.541;; In
both instances, a municipal inspector was authorized by ordinanceto
enter and inspect the premises to determine ccapliance with the hous-
ing code without use of a search warrant. The Court found that;searctles
of this kind were significant intrusions upon the interests protected
by the Fourth Amendment to the United States Constitution iand that such
authorization was invalid. The above cases, however, do riot deal with
the aspect of whether the Fourth Amendment would apply i47 nstances ix"
the activity was licensed by the municipality. Cases since Camara and
See, although not in agreement, seem to suggest that warxgnfiless
searches may be upheld in such licensed activities.
Aside from the issues presented above, I believe thati the, point
raised in Mr. Meardon's letter is valid to the aspect that: Chapter 9.54.,
(A)(6) requires only consent to inspections for conformance, to t! -b
provisions of Chapter 9.54 - Mobile Herne Parks. The language at issue
which requires warrantless inspections to determine violations of any
state or municipal laws is not authorized by the ordinance. 'I,would,
suggest that the wording in the application be changed to'xeflect,the
language in Chapter 9.54.4(A)(6) of the Municipal Code.
a
•
ORDINANCE 'N0, 76_2817
AN ORDINANCE AMENDING ORDINANCE NO. 2238, THE ZONING
ORDINANCE OF IOIVA CITY, 101VA BY ESTMIS11ING REGUI;.AT.lONS
FOR 'I'IIE PLANTING 01' TREES IVITHIN IOIVA 'CITY, IOWA, 8Y
ESTABLISHING SECTION 8.10.40.
BE IT EMACTED BY -1110 CITY COUNCIL OF IOIVA CITY, 100,,
SECTION I, PURPOSE, The purpose of this oxditance is to amend the
Municipal Code to establish requirements for the Planting to and prther_
vation of trees.
SECTION II. ES-T,ABLISHMENT. Section 8.110,40 Of"the Municf cl Code oi;
Iowa City
, Iowa, shall be established to the following; N
(Continuation)
CII,4PTER 8.10
SECTION 8.10.40
REGULATIONS FOR THE PLANTING AND PRESERVATION
OF TREES 1VI1'HIN IOlVq CITY, I01YA
Subsections:
I
8.10,40.1
Title
8.10.40,2 Intent
8.10.40,3 Necessity
8,10.40,4 Enactment
i
8.10.40.5 Applicability it
8.10,40.6 Definitions j
8,10.40,7 Presei+vation of Trees and Landscape
8.10.40,8 Site Plan
8.10.40.9 Site Plan Review Procedure
8.10.40.10 Trees Within and Along Public Right -of -Way
8.10.40.11 Trees on Private Property
8.10.40.12 Maintenance
8.10.40.13 Enforcement
8.10,40.14 Penalty
8.10.40.15 Appeal
8.10.40.16 Severability
U
Ordinance No. 76-2817
Page 2
8.10.40.1 rITI,E. This section shall he known and may be cited as.
"The Regulations for the Planting and Preservation. of
Trees within Iowa City, Iowa". The short title for this
section shall be known as "Txe.e Regulations",
8.10.40.2 INTENT. The purpose of theseregulations 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 aceq_rdance with the
best ecological concepts, environmental bbj;ectives and,
site planning; principles, so that then.well-$eing of the',
residents of Iowa City :is prot.octed and enhanced.
8.10.40.3 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
positive qualities of 'the natural environment
into the City for the, benefit of its residents;
(C) protect streams and water courses from excessive
surface 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 gpay 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 pedestrian traffic may move in an Orderly and
safe manner; and
(G) compensate for the loss of vegetative. hover and
the beneficial aspects of vegetation,tg structures
and the streets, drives, and parking .areas which are
associated with structures, {
8.10.40.4 ENACTMENT. Except as provided ]terein,, :no btjildi,ng permit
or certificate of occupancy shall be granted for 1
structure, drive or parking, area by the Cit1F without
conformity or evidence of intent to comply to: the provision!>
of this section:
(A) except when a structure and its lot which does
not conform to these provisions is damaged by
fire, explosion, act of. God or the public enemy;
0
Ordinance No. 76-2817
Page 3
(B)
(C)
0
except when conformity to these, -provisions
would constitute an imminent. threat to the
public health, safety and general welfare
in the -determination of the City Engineer;
and
except when the alterations to the principal
structure do not increase the floor area by
more than 10 percent or provided that 'there
is no change in the use of the principal -
structure.
8.10.40.5 APPLICABILI'T'Y. The provisions of thi!s.section shall apply
to the development or redevelopment of structures, drives
or parking areas within the' jurisdiction of the City io.£`
Iowa City. The provisions of this section shall suppl'einent
the tree planting requirements of Chapter 3.38; Forb#ry,
of the Iowa City Code.
8.10.40.6 DEFINITIONS
(A) TREE. A tree is a live self-supporting green .plant
with a trunk diameter a minimum of three (3) centimeters
(1.2 inches) measured orie half (.5): meter (1.64 feet)
above the base of the trunk„
(B) All other terms used herein requiring definitions -
are defined in the Zoning Ordinance (Section '8.10.3).
8.10.40.7 PRESERVATION OF TREES AND LANDSCAPE. No person Shal'.$ do any
cutting of healthy trees without Eirst having obtaingd a permit
from the City Forester or a building permit eXcept:
(A) for the cutting of trees on individual single;
family lots in a platted subdivision;
(B) for agricultural and forestay uses.
(C) for'-µtihty maintenance; and
(D) for the cutting of treesedeemed necessary by 'the
City Engineer to protect the public ,health, safety
and welfare
so that existing live trees may -be used to, satisfy'tbe.'
quantitative requirements of these provisions, even -though
they may not meet the spacing or location requirements of
these provisions.
8.10.40.8 SITE PLAN. A site plan shall be required for a building permit
for the development or redevelopment of structures on all
property except single family lots. Site plans shall be filed
in duplicate and shall contain the following information:
0.
Ordinance No. 76-2817
Page 4
0
(A) North arrow and scale;
(B) outlines of existing property lines, buildings,
trees, topography, driveways, parking areas,
landscape features and public streets adjacent
to the property;
(C) outlines of proposed property lines, buildings;
trees, topography, driveways, parking areas,
landscape features and public streets adjacent
to the property; and
(D) list of proposed tree plantings by size -and order,
either conifer (evergreen) or deciduous (loses
leaves in winter).
8.10.40.9 SITE PLAN REVIEW PROCEDURE. The developer will present, the
City with a site plan. Upon receipt of the, site plan the
City will review the site plan within one (1) week of
receipt and upon completion of the review notify the developer
of the findings. If the site plan is judged to be deficient
for either noncompliance to the tree planting requilxements
or the intent of this section, the City may either suggest
alternatives which meet the intent and requirements of this
section; or may reject the site plan noting the reasons
for rejection. The developer then may either accept the
revised plan, prepare an alternative plan, drop his application
or appeal the administrative decision. Upon:r6vie,4 of a
site plan found in conformance with the, provisions and intent
of this section, the City shall approve said plan, issue a
'building permit and retain a copy of the approved plan.
8.10.40.10 TREES WITHIN AND ALONG PUBLIC RIGHTS-OF=WAY. The following
provisions shall regulate the planting of trees within and
along public rights-of-way.
(A) Placement of Trees Within and Along .Public Rights-of=Way.
Trees may be planted within public rights-of=way provided
the following conditions are ,met:
(1) that the species to be planted is listed in the,
Iowa City Tree Planting Plan as a street tree;
(2) that the tree is located a minimum of one (1)
meter (3.28 feet) from the curb line of a
street or drive;
(3) that a tree within public rights-of-way is not
located within ten (10) meters (32.8 feet) of
the intersection of the rigbts-of-way of public
streets, or within ten I(10) meters.'(32.`8 feet).'
of the intersection of the curb line of dsivewa�s
of commercial, industrial or institutional properties
with a public street; .or that trees, along a sttbet
and outside public rights-of-way are not located
within a triangular area with two ;(2) sides ter; GQ)
meters (32.8 feet) measured along intersecting street
rights-of-way from the point of intersection;
Ordinance No. 76-2817
Page 5
(4) that trees to be planted in the rights-of-way of
streets are in conformity with the Iowa City Tree
Planting Plan and a tree planting permit has been
received from the City;
(5) that trees planted within the right-of-way are
spaced so as to be no closer than five (5) meters
(16.4 feet) to another tree within the right-of-way,
except along arterial and collector streets where
buffering from noise is appropriate in which case
trees may be located so a$ to provide a continuous
buffer spaced so as to be no closer than two (2)
meters (6.S6 feet) to another tree within the
right-of-way;
(6) that no tree be.planted in the area between the sidewalk
and curb that is less than two and one-half (2:;5,) metors
(8.2 feet) in width; and
(7) that trees are placed after determining location of
utilities so as to avoid interference with utilities.
(B) Required Tree Planting Within and, Along Public Rights -of -
Way. Street trees shall be planted in the public rights-
of-way directly in front of and adjacent to property, or
along public rights-of-way within, the front yard area of
property, being developed or redeveloped by the ownet�of'
the property, except for property being developed or
redeveloped with residential building coverage of prgperty
less than two hundred (200) square meters (2,152 square,
feet), at a minimum ratio of one (1) tree for every ten (le);
meters (32.8 feet) of lot frontage on a public right-of-way;
so as to provide a regular spacing of trees along the
streets to minimize the adverse impacts of the street.
8.10.40.11 TREES ON PRIVATE PROPERTY. The following provisions shall.
regulate the planting of trees on private property within
the City.
(A) Required Tree Planting for Residential Uses. Trees shall
be planted on residential property which is being developed
or redeveloped by the owner of the property at a minimum
ratio of one (1) tree for every fifty (50) square meters
(538 square feet) of building coverage of the property or
part thereof in excess of two hundred (200) square meters
(2,152 square feet) of building coverage of the property;
so as to provide the beneficial 4pects of the trees 'to tha
building site, with these plantin$s being in addition to the
plantings which may have been placed on private.proporty to
satisfy the street tree requirements of Section 8.10,40.10(1;).
(B) Required Tree Planting for Parking Lots. Trees appropriate
for planting along streets, as lusted in the Iowa City Tree
Plabti.ng Plan, shall be planted iii appropriate.lar.ds'aped
aisles andi`slabds within parkins; lots by the owner of the
property with any development or redevelopment of svrueturego
drives or parking areas subject to the following regiliteinents,:
Ordinance No
Page 6
0 0
76-2817
(1) Parking areas shall be separated from stgeet
rights-of-way, drive!;, buildings or as needed
for safe traffic movement, by landscaped aisles
or islands a minimum of three (3) meters (9,84
feet) in width. (See illustration.)'
PRIVATE DRIVE
('2) The interior of parking areas shall be broken by
landscaped islands a minimum of throe (3) meters
(9.84 feet) in width. for the purpose of tiMperature,
runoff, pollution, traffic and glare control,. Tlege,
islands shall be provided so that no mor$ than nine
(9) parking spaces are; in a continuous roji. (See
illustration.)
In
i
Ordinance No. 76-2817 i
Page 7
il.
(3) In instances where angle parking is used, :islind,type
IBI may be substituted for island .type W. (See
,
illustration.) R
• i I
10M. 10 M.
minimum minimum
IF3m:41 ]<-3 in*
minimum minhnum�
it I
(4) Trees shall be planted in the landscaped aisles and ,
islands in the ratio of one (1) tree for each fifteen
(15) square meters (161 square feet) of landscaped,
aisle or island, except for island type lBl•Section'
8.10.40.11B3 which shall require one (1) tree. for Vii.
each seven (7) square meters (75 square:feet�, of j
landscaped island;
(5) Space in parking areas used for meeting these
requirements shall be counted.as contributing to 4
the required number of parking spaces.: i.
(6) So that the intent of this, section may be met with;
the redevelopment of exi ting structures,. drives,nnd
,parking areas, - the;, Locational requirements; for the
placement,of landscaped aisles -and islands may be ii
satisfied by the pooling- of. tlie; required areas for -
landscaped aisles and islands and the planting, of the.
required number of trees for such areas.
(7) 7'fie Planning and 2oni,ng Commission may accept an intro—
vative parking area design inilieu of meeting the 4
requirements of Section 8.1.0.40.,1,1&1„ 2, 3 and 4, if j
in their determination the i.npovative,parleing area
design meets the intent of apd.necessity for these
provisions established in 8,.x0.40,2 and 8,10,40.3,
al I i
I
I
:
Ordinance No. 76-2817
Page 8 ----
8.10.40.12 MAINTENANCE It shall be the rOsponsibil:it
y of property.
ownemaintain and replace if necessary treesihe requiied by
these provisions For a period of one 1
r
planting; and thereafter exercise reasonable careeoftthe
trees planted on private property so that the int
these provisions may be attained.
ent of
8.10.40.13 R
GNPO CEhiGN1' The acceptance of the site plan and
of a— bunging permit for the deve]bpment or redeirethelopissuance
suance
property by the City constitutes an agreement between the,
Property owner and the City for t;he property ownor to provide
the required improvements. as part, of development or xed'a}telop—
ment of the property so that the intent of this section is
met, unless the property owner abandons the proposal, Upon
application for a Certificate' of
Property must show either he
Complia.nceuwith thepancy eprovisions ner of tof !I
this section or must show intent to comply
season, to the satisfaction of 'the City;P.Y at the next Planting
for the delivery of the required numberofutrees durinch a
g receipt !
next planting season. If after a reasonable period oEgtimle the
owner does not perform the necessary site improverikents the,
City shall notify the property owner by certified mail, of
failure to comply with these previsions, citing the variations,
If the owner does not respond wit hin.ihirt j,
I
notice, showing intent to comply yy all days of such it
use, tho-
necessary improvements indicated'inhthelapproved sate pla7k c �!
be made and assess a lien for the cost. of these imjirovemekts
against said Property. P P y• This l'i'en shall be initiatmtd'by the
adoption of a resolution by the, City and the City flerk
certifying the amount o£ the lien and filing the same with the I
Johnson County Auditor. Said'lien sh'a'll attach to the property
itwhich was served upon certification by the City Council. of
lien shall be assessed against the property o the of the balance due the City :for the site improvetments extent :necessary to
comply to the approved site plan and costs incurred in perfecting lid
said lien. Said lien shall be enforced until payment of the
claim and upon satisfaction of the 1'
en by The City shall acknowledge satisfaction thereofent and��fil,eeaclaim
release with the Johnson County Auditor.
8.10.40.14 PENALTY. An
y person, firm, assoeiatioh or corporation which
violates, disobeys, fails, .neglects or refuses to comply with,
provisions of this section shall be regarded as unlawful; and
noncompliance,
Pon conviction, guilty of a misdemeanor for each day of
with each day of noncompliance cons
a separate offense. ti,tuting
8.10.40.15 APPEAL. Any person aggrieved of the requirements of, this
section or an administrative interpretation of this Section
may appeal to the Zoning Board of Adjustments, subject to
the procedures of the Board of Adjustment.
i f4
!I
j.;
i
Ordinance No. 76-2817
Page 9
t
8.10.40.16 SEVERABILITY. The declaration of the invalidity of <;ny
part of this section shall not impair the validity of any
part of the rest of this section.
SECTION III. REPEALER. All other Ordinances or parts of Ordinalices in
conflict with the provisions of this Ordinance are hereby repealed, j
SECTION IV. SAVINGS CLAUSE. If any section, provision, or part. of this
Ordinance shall be adjudged invalid or unconstitutional.,, such adiudi;cation
shall not affect the validity of the Ordinance as a. whole or any"�seGj,Ignr
provision, or part thereof not adjudged invalid or unconstitutional—
SECTION V. EFFECTIVE DATE. This Ordinance shall become effective after 'I
its final passage, approval and publication as provided .by law.
I.
It was moved by Perret and secoiided by.
deProsse that the Ordinance as read'be. adopted,
and upon roll call there were:
AYES: NAYS: ABSENT: '1
— x _ Balmer „ i
— deProsse
x Foster !
x Neuhauser jl
x Perret
x Selzer
x Vevera
—
Passed and approved this 2nd
day of November , 1976.
MAYOR
ATTEST:
City Clerk
By Tha Log:.l Dc;:cc:tPti:nt
ordinance No. 76-2817
Page 10
MAYOR
I
ATTEST: CITY CLER
First Consideration 10/19/76 !,
Vote for passage:
Ayes: Perret, deProsse, Foster, Neuhauser ,
Nays: Selzer, Vevera
I.
Absent: Balmer
9I II ,
Second Consideration 10/26/76 !� l
Vote for passage:
Ayes: deProsse, Foster, Neuhauser, Perret
Nays: Selzer, Vevera, Balmer
Absent: none ;{
Date of Publication
, II
! ja
i�
f ,I
!
By V-3 L.,
I IIS