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HomeMy WebLinkAbout1978-10-17 OrdinancePliGKUr!Li4EU BY JORM HICROLAB CEDAR RAPIDS ANC uL�) ruiHLL , a i ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2238 (Chapter 8,10 OF THE MUNICIPAL CODE) BY AMENDING THE REGULATIONS FOR NON -CONFORMING USES, NON- CONFORMING LOTS AND NON -CONFORMING BUILDINGS IN ! IOWA CITY. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I. PURPOSE. The purpose of this ordinance is to provide more comprehensive regulation of non- conforming uses, nonconforming lots and non- conforming buildings in Iowa City. SECTION II.. AMENDMENT. Section 6.10.21 of the r Municipal, Code of Iowa City is hereby;amended -to read as follows: A. 'INTENT. It is the intent of this Ordinance to restrict and ,eventually eliminate non- conforming uses because they have been found to be incompatible with: permitted uses in the ` zone involved. Non -conforming buildings shall; be regulated to, prevent an increase in the degree of non -conformity. The lawful use of any building or land existing on the effective date of this Ordinance may continue although such use does not conform with the provisions` of this Ordinance, subject to the conditions' contained herein. B. GENERAL PROVISIONS. 1. Construction approved prior to Ordinance.' Nothing' in this Ordinance shall require any change in plans,' construction or designated use of a building or structure for which substantial construction has lawfully begun prior to the effective date of this Ordinance.' Substantial construction shall be deemed to include excavation and demolition of existing buildings. I 2. Unlawful use not authorized. Nothing in this. Ordinance shall be interpreted as authorization for the continuance of the Roceived & Approval By The Legal Department A� /900 MICR _.. M1CROrILMLD BY Y JORM MICRd1LAB CEDAR RAPIDS RAPIDS •DES MOINES 191L,<UhiLMED by JURM 141CROLAB CEDAR RAPIDS ANU ULS nu Ntc , 'wn use of a structure or land in violation of the zoning regulation in effect prior to the enactment of this Ordinance. NON -CONFORMING LOTS OF RECORD. 1. In an R or C1 zone, any use permitted in the zone may be erected on any lot of record on the effective date of this ordinance notwithstanding the lot's failure to meet the requirements of the zone for frontage and width. In any zone in which single family 'dwellings are permitted, a single family dwelling and accessory buildings may be erected on any lot of record on the effective date of this Ordinance notwithstandingits failure to meet the requirements of the zone for area. 2. A single family ,dwelling on a non- conforming lot may be repaired, recon- structed or structurally _ altered provided the structural alteration does not increase the degree of nonconformity with yard and area requirements. A two- family or multi -family building located on a non -conforming lot which does not meet the area requirements may be j repaired and may be remodelled to a lesser number of units but shall not be reconstructed or structurally altered. 3. If two or more contiguous non -conforming lots or portions thereof become in single i ownership, the land 'involved shall be j deemed a single parcel for the purposes of this Ordinance and no portion of said parcel shall be sold'; or used in a manner which' diminishes compliance' with ,lot width and area requirements. NONCONFORMING USE. 1. No existing structure devoted to a use not permitted by this Ordinance in the zone in 'which it is located shall be enlarged, reconstructed, moved or struc- turally altered except as provided herein. 2. No nonconforming use may be extended through additional parts of 'a building nor to occupy any land outside such building. MICRDFILMEO BY. is JORM MICR+LAB 'CEDAR RAPIDS • DES MOINES htILi(0i iLAtiU BY JORM 141CROLAB CEDAR RAPIDS AND ULS nu1nL,, wv,r i i Ord. No. Page 3 3. A non -conforming use may be changed only to a use permitted in the same or higher' zone. For the purposes of this section, the same zone means the most restrictive zone in which the non -conforming use is a permitted use; a higher zone means a zone which is more restrictive than the most ' restrictive zone in which the non- %' j conforming use is a permitted use. If it is changed to a higher or conforming use, it may not resume the prior non- conforming use: 1 4. Any structure devoted to a non -conforming use which has been destroyed or damaged 1 by fire, explosion, act of God, or by a j public enemy to the extent of 50% or more of its assessed valuation -' shall thereafterconform to the_provis.ions of thisv. Ordinance. Where the damage is less than '50%,,'such structure may be restored to the same non -conforming use as existed i before such damage. 5. Any nonconforming use of land may not be extended to occupy a greaarea of�Rd.. @� /oter than was owned on the effectivef the Ordinance nor may additional structures be erected in ;connection with such non-. conforming use of land. 6. Any nonconforming use of land or jj buildings which has ceased by d discontinuance or abandonment for a I j period of one year shall thereafter i conform to the provisions of this Ordinance. 7. All junkyards shall conform with the requirements' of Section 8.10.18.A. and j 1 Section 8.10.16.A. within five years after August 7, 1962. E. NONCONFORMING BUILDINGS. 1. Any building, which contains a conforming use, but could not be built under the terms of this Ordinance by 'reason of restrictions on area, lot coverage, height, yards,, its location on the lot, I, or other requirements concerning the structure, may continue subject to the following conditions: 'i 141CROFILMED BY •,Y{ JORM MICR+LA13 •{ CEDAR RAPIDS' •DES MOINES 1-0iLIIU[IUkD BY JORM 141CROLAB CEDAR RAPIDS AND 'DES MUTNUE , IUWA 1 i Ord. No, Page 4 a. Any non -conforming building which has been destroyed', or damaged by fire, explosion, act of God,`; or by a public enemy to the extent of 50% or more of its assessed valuation; shall thereafter conform'', to the provisions of this Ordinance.Where the damage is less than 50%, such building may be restored to the same j degree of non -conformity as existed I before such damage. b. No building may be structurally j altered in away which increases or extends' its nonconformity, however, it may, be structurally altered in a way which will, not affect or which will decrease its non -conformity! C. Any building which is moved shall thereafter conform ' to " the provisions of this Ordinance. SECTION III. REPEALER. Sections 8.10.21;, 8.10.22D; 8.10.23::B9; 8IY23C.1.'and 2;',8.'10.24B., C, D and all other sections of ordinances in conflict with this ordinance are hereby repealed. .;�.. SECTION IV.',' SEVERABILITY. If any section, pro - vision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica- tion shall not affect the validity of the Ordinance as a` whole' or any section,' provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and I publication as required by law. Passed and approved this I ROBERT A. VEVERA, MAYOR ATTEST: ABBIE STOLFUS, CITY CLERK MICROf ILMED BY -� JORM MICR+lA9 �. LEDAR RAPIDS • DES MOINES jtl( tU iLiI�U BY JURM (•11CROLAB CEDAR RAPIDS AND DES 'MIND, wwi� is Ord. No. \ 3. A non -conforming use may be changed only Page 3 `� to a use permitted in the same or higher zone. For the purposes of this section, the same zone means the most restrictive zone in which the non -conforming use is a permitted use; a higher zone means a zone which is more restrictive than the most restrictive zone in which the non- conforming use is a permitted use. If it is changed to a higher or conforming use, it may not resume the prior non- conforming use. 4. Any structure devoted to anon -conforming ` use which has been destroyed or damaged by: fire, explosion, act of God, or by a public enemy to the extent of 50% or more 1 of its assessed valuation, shall thereafterconform to the. provisions of this Ordinance. Where the damage is less thA 50%, such structure may be restored to the same non -conforming use as existed beforeuch damage. 5., Any non -\co forming use of land may not be extended t�occupy a greater area of land A' than was owned, on the effective'of the Ordinance nor may additional structures - bein co(nection with such non-' ,erected conforming use of land. 6. Any no \use of ,land or buildings which has ceased by discontinuance or abapdonment` for 'a period of one year shall thereafter conform to the Iprovislns of this Ordinance. 7. All junkyards shall conform with the requirements of (Section 8.10.1�.A. and Section 8.10.16.A. within five years after August 7, 1962. �\ � E. NONCONFORMING BUILDINGS. \ i 1. Any building, which contains'a conforming use, but could not be built under th terms` of Ordinance by reason of� f - restrictions on area, lot coverage, .height, yards, its location on the lot, or other requirements concerning the structure, may continue subject to the following conditions: MICROf ILMED BY ,c?; JORM MICR6LAB CEDAR RAPIDS • DES MOINES I-L4w 1 iLMLU by JURI4 I11CROLAB CEDAR RAPIDS ANU ULS 'IUITIL' wm i I ' ORDINANCE N0. 78-2926 II AN ORDINANCE AMENDING SECTION 3.06.1E(1) AND (2) OF THE MUNICIPAL 1 AND 2. CODE OF IOWA CITY BY AMENDING THE BOUNDARIES OF FIRE ZONES f SECTION I. PURPOSE. The purpose of this ordinance is to amend the 2 b changing Blocks 83 and 84 of and present boundaries of Fire Zones 1 Y from Fire Zone 1 to Fire Zone 2. the original town SECTION II. AMENDMENT. Section 3.06.1E(1) of the Municipal Code 1 of Iowa City is hereby amended to read as follows. , 1. of Iowa Fire Zone No. 1 shall include all .that portion oexce tCitocks 83 Zone), P City, Iowa zoned as CB (Central Business and 84 of the Original Town. Section 3.06.1E(2) is hereby amended to read as follows: 2. Fire Zone No. 2 shall include all that portion of the City of Iowa p Y, City, Iowa, zoned as follows:` CB (Central Business Zone onlyBlocks 83 and 84). P S Cl (Local Commercial Zone) e CH (Highway :Commercial Zone), C2 (Commercial Zone) R3B (Multi -Family Residence Zone) M1 (Light Industrial Zone)'' a M2 (Heavy Industrial Zone) IP (Industrial Park Zone) PC (Planned d Com mer tial Zone) 1 j SECTION III. REPEALER., All ordinances and parts of ordinances in hereby repealed. conflict with the provision of this ordinance are SECTION IV. SEVERABILITY. If any section, provision or part of the such Ord nance shall be ad udgeto'be invalid or unconstitutional, d, shall not affect the validity of the Ordinance as invalid adjudication a whole or any section,provision or part thereof not adjudged s or unconstitutional." SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its ansa e a royal and publication as required by law. 'nal PP fi 9 P I /q13 MICROFILMED BY ,p JORM MICR+LAB - CEDAR RAPIDS • DES MOINES 11!LRJHLi4EU BY JORI1 I.IICROLAB CEDAR RAPIDS AND UES MU'Irkt,, IUwr I Ordinance No. ..,-2926 Page 2 Passed and approved this 17th day of October, 1978 ��'?ii • ..�lt� MAYOR ' ATTEST:' A , CITY CLE It was moved by Balmerand seconded by deProsse that the Ordinance as read be adopted and upon roll call there were: h AYES: NAYS: ABSENT: I X BALMER i( x dePROSSE x ERDAHL N x NEUHAUSER X .. PERRET J. X. ROBERTS x VEVERA . First consideration 10/3/78 e: for yes: a mer,eProsse, Erdahl,Vote passage: ne.Neuha user,;Perret, Roberts, Vevera. Nays: no r Second consideration 10/10/78 - Vote for passage es: erre ,. oberts, Vevera,` Absent: Balmer, Erdahl, Neuhauser. Nays: none. deProsse. I t 1 r BECEIPED & 9Prr0YiD 87L iTIM LEGAL DVAIi,6;:Q1T i I Y•'-,fir---ICZF IdICROFILMCD DY 4; JORM MICR+LA13 7 CEDAR RAPIDS • DES MOINES 14iu<0'r11-MLO BY JURM 141CROLAB CEDAR RAPIDS AND DLS MUI[It`, luwm i 1 ORDINANCE NO. 78-2927 AN ORDINANCE TO AMEND ORDINANCE N0: 77-2859 WHICH - -j ADOPTED THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION: AND THE UNIFORM BUILDING CODE, 1976 EDITION ' SUBJECT TO CERTAIN AMENDMENTS. I BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this amendment i is to modify the requirement that a covered mall building be surrounded by streets, alleys or public space on four sides. SECTION II. AMENDMENTS.' Chapter 11 of the Appendix` of the 1976 Edition of the <Uniform r ,,. Budding Code is hereby amended asfollows:, Section 1111(a) is hereby amended by adding the following paragraph: The area of a covered mall building of one or { two stories shall not be limited if the building is surrounded and adjoined by public space, streets or yards not less than 60 feet in width on three sides. 6 r ..,. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of. t ° this:ordinance are hereby repealed. - _ ' e SECTION IV: SEVERABILITY. If any section, pro- 6 ' an c e shall' be adjudged vision or part'. of the or dtn - r to be invalid or unconstitutional, such adjudi- cation`shall not affect the validity of the ord- inanceas a whole or any section, provision or part Y thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication required by law. Passed and this 17th day of October, 1978. ro s approved tht ATTEST: J . v� F C TY CLERK �qly y MICROf1LMED BY ,r1 JORM MICR+LAB ' CEDAR RAPIDS •: DES MOINES I-QujWFILMiEu BY JORM MICROLAB CEDAR RAPIDS AND UES MU1NL�, iuv+tA ORDINANCE NO 78-2928 AN ORDINANCE CE GIiANfING A BR OADH MND TEL300RIlNICATI0\5,7ANCHISE 70' PERMIT THE 0.YVSfRUCTION, INSTAL IATION, MAINTENANCE OR OPERATIOBv WITHIN OR ON ANY PUBLIC STREET OR OTIIER PUBLIC PRMrJ?N OF THE CITY OF , FXif1IPh11;rli' FACILITIES FOR THE DISMIBnI OF SI@IALS { OVER A BROADBAM TELDMMWICATIONS 1 NEr6MK TO THE CITIZENS OF IOWA CITY, IOWA. SECTION I. This ordinance grants a 15 year non- exclusive franchise to operate -a broadband telecommunications network to one or more franchise holders to be selected by the City Council of Iowa City following an election to be heldNovember 28, 1978. : The franchise or, franchises granted shall, as set forth below,, be subject to the pro- visions of Ordinance No. 78-2917 (the Broad- band Telecommmications'Enabling Franchise I Ordinance.) j SECTION 2. The city t Ycouncil of Iowa the right to refuse to select I franchise e holder e if such refusal is subse- quently deemed to be in the public interest. 1 SDCTION 3. The franchise shall be subject to all of the following; a.)Ordinance No. 78-2917 (the Broadband Telecommunication ti on Enabling Fr Ordinance, S+Ig Franchise ' 1 I b. )', The terms or the franchise I applicant's proposal of September 29, 1978 submitted by the franchise applicant where I the terms of the proposal 'do,not conflict with or modify the provisions of Ordinance No. 78-2917. In instances where the terms outlined in the proposal are in conflict with or modif e Provisions Y th P sions bf Ordinance No. 78-2917, the provisions of Ordinance r No. 78-2917 shall apply. c, All Promises ses and comnitmlents whether oral or written, made by the franchise applicant, its officers, agents or employees Prior tq the approval of the franchise by the i city voters and the city council. Such ! Promises and carmitments shall be deemed' to be terms of the franchise and subject to the regulatory, administrative and other pro- visions of Ordinance No. 78-2917. Ills I �.' IUCRO'.ILMED BY y� JORM'. MICR40LAB 'CEDAR RAPIDS •DESI MOINES 1.111 KUHUMEU BY JORM 141CROLAB CEDAR RAPIDS AND UES PIUIn �, lvwh - r a 'i i Ordinance No. 78-2928 Page 2 SECTION 9. Effective Date. This Ordinance shall be in effect after its final passage, ' publication as required by law, and approval by the voters of Iava City as provided by law. Passed and adopted this 17th" day of October , 1978. I Robert A. Vevera, Mayor i 1 _ L kA Attest: Abbie Stol s, City Clerk 4'n i1Al It was roved by - Erdahl and i'. seconded by Perret- that the ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: I x Balmr x DeProsse x — Neuhau—Erdahl ser x Perret r x Roberts i., x Vevera Ist consideration Moved by Erdahl, seconded by Perret, that ' Vote for passage: the rule, requiring ordinances to be con- sidered and voted on'for ,passage at two 2nd consideration_ Council meetings prior to the meeting at Vote for passage: which it 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 tliis time. Ayes: deProsse, Erdahl, Neuhauser, Parrett Roberts, Vevera; Balmer. Nays: nage. RrCY111FD & A::'fiUrD BY UE LSCLL DUARTaN T, i 1 : I ralcuonuMED By JORM MICR+LAB CEDAR RAPIDS -• DES MOINES ',.