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HomeMy WebLinkAbout1979-08-14 Ordinance, ORDINANCE NO. 78-2894 AN ORDINANCE PROVIDING FOR THE PUBLIC AND PRIVATE USE OF CITY PLAZA, ESTABLISHING REGULATIONS GOVERNING, SUCH USE, AND PRE- SCRIBING PERMIT ANQ LEASE PROCEDURES FOR SUCH [ISE. SI CT ION 1. PURPOSE. It is the intent of this Ordinance to regulate the use of City Plaza in order to promote the public interest by: A. Making City Plaza an active and attractive pedestrian environment; I R. Providing the opportunity for creative, colorful, pedestrian -focused r! commercial and cultural activities on a day/night, year-round, and seasonal basis; C. Encouraging commercial activities which add interest, charm, vitality, diversity, and good design to City Plaza; D. Encouraging the upgrading of store -fronts and the development of compatible and well-designed elements within lone 1; E. Controling the use of vehicles and bicycles in City Plaza. The intent of the City Plaza [Ise Regulations is that private development within City Plaza is to be permitted sparingly and only for those proposals that are of the highest quality. It is not to be considered a "use by right." SECTION 2. DEFINITIONS. Ambulatory Vendor - An individual selling goods or services and operating without the use of a mobile vending cart or Kiosk, and with a minimum of equipment, e.g., balloons portrait artist. Audio Ambience - A localized use of sound intended to create a pleasant, (' relaxing atmosphere. Basement Extension - Any use of 7.one 1 at an elevation between City Plaza leve anT tment level that is visually exposed to or intrudes upon the City Plaza in any manner. Building Extension - Any permanent construction in lone 1 that is directly attached to an existing building. Ci�y Plaza - That area of public right-of-way extending from the northern 'right-of-way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Dubuque Street from the southern right-of- way line of Washington Street to the northern right-of-way line of the alley between Burlington Street and College Street. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOINES L 1 Ord. No. 78-2894 A small structure that is stationary, but may be permanent or seasonal in nature. Landscaping - Live plant material used strictly for an ornamental or ecological purpose. Mobile Vending Cart - A non -motorized structure on wheels that is easily moved and is used for vending. Permanent Construction - Any structure erected for a year-round use. Publicway - The City Plaza and adjoining street. Seasonal Construction - Any structure erected for a seasonal or temporary activity and which is removed from the Plaza off-season. SECTION 3. DESCRIPTION OF MALL ZONES. A. lone 1 - The ten (10) feet directly adjacent to the private property lines. Zone 1 extends the length of the City Plaza along all sides of the Plaza. B. Zone 2 - the six (6) foot pedestrian lanes adjoining Zone 1 on each side, the emergency/service lane, the landscaped areas, and the areas with street furniture and features. C. Zone 3 - Areas within the Plaza other than Zone 1 and Zone 2 that have been designated for private development. The Zones are illustrated in the attached City Plaza Plan. SECTION 4. BICYCLE REGULATIONS. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. Any violation of this Section shall be a mis- demeanor. ' SECTION 5. MOTOR VEHICLE REGULATIONS. Except as otherwise provided herein, no motor vehicles, except emergency vehicles, shall be operated within the limits of City Plaza without a permit. A permit for the oper- ation of motor vehicles within City Plaza may be issued by the City Manager i upon application according to the following procedures: 1 A. Any business located on property which does not otherwise abut a public right-of-way other than City Plaza may be granted a continuing permit upon a showing that such is necessary to provide for the delivery of goods to or from the business. Such permit shall allow the presence of the vehicle within the Plaza only during active loading and unloading. i B. Any individual may be granted a temporary permit upon a showing that the placement or operation of a motor vehicle upon City Plaza for a specified, limited period of time, is necessary. -2- MICROFILMED BY JORM MICROLAB 1 CEDAR RAPIDS -DES MO VIES L+ Ii d. No. 711-21;94 I'. A -.vrvic.e vehicle uparaLed by the City of luwa Ci Ly may opanite within f.ity Plaza without a permit when performing necessary main- tenance which requires the use of the vehicle. Any violation of this Section shall be a misdemeanor. SECTION 6. ANIMAL REGULATIONS. Notwithstanding the provisions of any other City Ordinance, no person shall take, accompany, or allow any animal into City Plaza; except this provision shall not apply to a seeing eye dog being used to assist a blind person. SECTION 7. USE OF CITY PLAZA. A. Permitted Uses: Permitted uses include those listed below. Other uses consistent with the purposes stated in Section 1, Purpose, may be permitted if specifically approved. When a mobile or temporary use is allowed it is understood that this authorization does not extend to Zone 1 or Zone 3 areas which are already leased for other purposes e.g., mobile vending carts may not approach patrons seated in a sidewalk cafe. I. Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). 2. Mobile vending carts for food, flowers/plants, newspapers/ magazines, etc. (Zone 2) 3. Sidewalk cafe (Zone 1, 3). 4. Stairways to basements. Pursuant to Chapter 104A of the Code of Iowa, they shall only be permitted when the business on the basement level has an alternate entrance which makes it acces- sible to the handicapped or otherwise complies with State law (Zone 1). 5. Display window extensions (Zone 1). 6. Building front and/or basement extensions provided the use of the extension is the same as the store activity (Zone 1). 7. Kiosks (Zone 3). 8. Landscaping (Zone 1). 9. Arts and crafts sales of hand -made articles by an organized guild, association, or club on an occasional basis (Zone 1, 2, 3). 10. Sales or exhibits by individual artists or artisans and food vending on a temporary basis for special events (Zone 1, 2, 3). 11. Events of an educational or entertainment nature. -3- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ord. No. 78-2894 Ji. Usable Area Zone 1 - Permits may be issued for any part of Zone 1. Build- ing extensions shall only be allowed where, in the judge- ment of the City Council, such extensions enhance the quality of City Plaza. 2. Zone 2 - The usable areas are as shown on the attached Plaza Diagrams. 3. Zone 3 - The usable areas are as shown on the attached Plaza Diagrams. 4. Plaza landscaping may be modified or removed to a limited extent, if the net effect enhances the ambience of the City Plaza and if approved as part of the permit application. The applicant in such cases must agree to restore the Plaza landscaping to its original condition upon termination of the permit and provide a bond or escrow account in an amount determined by the City. C. Des and Hours of Operation: Kiosks and buildings extended into the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Sidewalk cafes, seasonal kiosks and mobile carts may operate seasonally, but must at least be in operation substantially during normal retail business hours, Monday through Saturday, May 1 to October 1. Other months of operation may be granted by permit for seasonal kiosks and mobile carts when the product is related to another season. D. Noise Control: Any request for the use of sound must be specifically approved and may be permitted only if it will encourage an audio ambience within the City Plaza, while at the same time protecting the general public from an overload, volume, or type of sound that is disturbing or inappropriate for a pedestrian area. E. Insurance and Indemnification: The applicant shall agree to indemnify, defend and save harmless the City of Iowa City, its agents, officers, and employees, from and against all claims, damages, losses and expenses in any manner resulting from, arising out of or connected with the construction, use, maintenance or removal of any structure, cart or use. The applicant shall at all times maintain a policy of liability insurance in the minimum amount of $300,000 for personal injuries, and $50,000 for property damage arising out of the permitted operation. The applicant shall file, in the office of the City Clerk, a copy of the liability insurance policy executed by a company authorized to do insurance business in the State of Iowa in a form approved by the City Clerk. The policy shall further provide thirty (30) days notice of cancellation or material change to the City Clerk. Such cancellation or change without written approval shall revoke the permit or lease. -4- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOInES Ord. No. 78-2894 F. Performance Time Limits: Sidewalk cafes, seasonal kiosks and mobile vending carts must be in operation within sixty (60) days of the start date provided for the permit, or the permit approval shall automatic- ally expire. Permanent kiosks and building extensions shall be com- pleted and in operation within such reasonable time as set in the permit, which shall in no event exceed one (1) year. G. Maintenance: The applicant is responsible for maintaining the area wit in and in proximity to his location in a clean and hazard -free condition, including snow removal for a distance of ten (10) feet from any structure occupied by the applicant. Supplementary trash containers must be provided if considered neces- sary and specified in the lease or permit. All landscaping provided by the applicant and the exterior of all structures, kiosks and carts must be maintained by the applicant in good condition. H. Illumination: Nighttime interior illumination of all building front and basement extensions, display window extensions, basement stair wells, and kiosks is required during hours of operation. ]. Newspaper Vending Machines: Newspaper vending machines may be located on the Plaza at no charge, but must be installed only at the specific locations and in the manner specified by the City. J. Construction Costs: All costs of construction are to be paid by the applicant, including costs of damage or repair to the City Plaza caused by the construction. SECTION 8. CITY PLAZA USE PERMITS. A. Mobile Vendors: Specific locations have been designated within the bounds elf City Plaza for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at two (2) designated locations, between which the vendor shall circulate frequently. The vendor may sell in transit if a request is made, provided the primary trade shall be conducted at one of the designated locations. The City Manager or his/her appointed designee may issue a permit to operate a mobile vending cart in the public right-of-way of City Plaza after careful consideration and assurance that the following condi- tions have or will be met: 1. An authorized designated mobile vending location is available which will not interfere with the operation of an existing mobile vendor. 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right-of- way, or in and out of retail establishments fronting on the Plaza. -5- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOInES Ord. No. 78-2894 3. The applicant agrees to operate his/her business only within the boundaries of City Plaza and only at designated mobile vending locations, or in transit between them. 4. The dimensions of the applicant's vending cart shall not exceed a size of four (4) feet wide by eight (8) feet long by six (6) feet high. 5. The applicant shall store the vending cart off the public right- of-way and shall describe the provisions for storage in the permit application. 6. The applicant has obtained all necessary permits required by the Johnson County Department of Health. The sale or assignment of a mobile vending permit for City Plaza is expressly prohibited. B. Ambulatory Vendors. The City Manager or his/her appointed designee may issue a permit for the purposes of ambulatory vending in the public right-of-way of City Plaza after careful consideration of the applicant's proposed business, and assurance that the following conditions have or will be met: 1. The applicant will operate without the use of a mobile vending cart, and with a minimum of equipment. I 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right-of- way, or in and out of retail establishments fronting on the Plaza. 3. The applicant will conduct his/her vending completely within the boundaries of City Plaza. 4. The applicant has obtained all necessary permits required by the Johnson County Department of Health. The sale or assignment of an ambulatory vending permit for City Plaza is expressly prohibited. C. Permanent and Temporary Structures. The City Manager, upon approval of City Council, may enter into an agreement for the lease of public right-of-way in the City Plaza for the construction of a permanent structure at a site designated for a Kiosk, or as an addition to an existing store front, or for the temporary or seasonal use of Zone 1 by the owner or operator of abutting property. Said lease shall only be entered into after careful consideration and assurance that the following conditions have or will be met. i3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES nOIMES ■; Ord. No. 78-2894 1. Iluilding Desiyn: a. Additions to buildings shall in scale and design be harmon- ious with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. C. Materials which are architecturally harmonious shall be used for all building walls and other exterior building compon- ents wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings; (2) Relationship to the brick and wood theme of City Plaza (3) Materials shall be of durable quality. e. Building Components - such as windows, doors, eaves, and parapets - shall have good proportions and relationship to one another. f. Colors shall be selected for their harmony and/or ability to compliment the color scheme of the City Plaza. Bright or brillant colors shall be used only for accent. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways. h• Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. 2. Signs: a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. b. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza. C. Every sign shall in scale and in proportion express an appropriate visual relationship to buildings and surroundings. d. Colors shall be used harmoniously and with restraint. Excessive brightness and brillant colors shall be avoided. Lighting shall be harmonious with the design. If external Spot lighting is used, it shall be arranged so that the light source is shielded from view. 3. Additional Criteria: The Design Review Committee may, from time to time, formulate additional design criteria for the review of proposed construc- tion pursuant to this ordinance. Such criteria shall become effective only when adopted by the City Council by resolution. -7- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES "OIIIES Ord. No. 78-2894 No building permit for the construction of any temporary or per- manent structure, or for any buildinq extension, to be con- structed pursuant to this ordinance, shall be issued until plans for said construction have been reviewed by the Design Review Committee and approved by the City Council. The Design Review Committee shall, within thirty (30) days of receipt of said plans, review the plans and advise approval, approval with conditions, or disapproval in a written report forwarded to the City Council and the applicant. If the Design Review Committee recommends approval with conditions, it shall require the af- firmative vote of five (5) members of the City Council to con- stitute City Council approval pursuant to this section unless such conditions are met; and if the Design Review Committee recommends disapproval, it shall require the affirmative vote of five (5) members of the City Council to constitute City Council approval pursuant to this section. SECTION 9. APPLICATION PROCEDURES. A. In order to obtain a permit pursuant to this Chapter, the applicant shall file an application with the City Manager or his/her designee. In order to be considered, the application, and attachments, shall contain sufficient information to fully determine the intent of the applicant, and to insure full compliance with this Ordinance. The City Manager shall establish the requirements for applications and shall establish the procedures for review of all applications. B. Prior to the issuance of any permit or authorization of any lease which includes the construction of any improvements, the design of such improvements shall be submitted to the Design Review Committee for review. The Design Review Committee shall review the plans submitted, and shall make a written recommendation to the City Man- ager. In making its recommendations the Design Review Committee shall consider the criteria set forth in Section 8C of this Ordinance. C. In cases where there may be more than one application for a particular ' location, or the City Manager considers it in the public interest to solicit proposals, the City Manager shall establish such selection procedures as he/she deems fair, reasonable and appropriate. D. Applications for a change of use shall follow the same procedure and i be subject to the same review and approval criteria as new applica- tions. SECTION 10. FEES. The City Council shall periodically review and revise, as appropriate, by Resolution, fees for the lease of property and for the issuance of permits authorized herein. 1 SECTION 11. RENEWAL AND TERMINATION. j A. Permits for permanent construction shall be for the term specified in the lease agreement, or until terminated or revoked by the City Manager pursuant to the lease agreement. go MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DFS MOINES �Y Ord. No. i8-2894 B. Other permits for specific locations are for one year, the renewable automatically for one additional year, provided the permittee operated , at least three (3) months during the first year. C. Permits are non -transferable. Leases may be assigned or sublet only upon prior written approval of the City Council. D. Upon revocation or termination of any permit, the permittee shall be responsible for removing the structure and restoring the permit area to it condition prior to the issuance of the permit. SECTION 12. RELATIONSHIP_ TO OTHER ORDINANCES. If any provision of this Ordinance conflicts with any provision of other Ordinances, the more restrictive shall apply. SECTION 13. SAVINGS CLAUSE. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ad- judication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 14. EFFECTIVE DATE. This ordinance shall be in effect after its r final passage, approval and publication as required by law. - Passed and adopted this 16th day of _- May ----------' 1978. r r JOHN DALMER, MAYOR PRO TEM ATTEST: 1 ABBIE STOLFUS, 'I TY ER�. i 9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ord. No. 7f;-2894 I It was moved by Neuhauser and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER I x ___ dePROSSE I x ERDAHL i x NEUHAUSER 1 __x ----------�- pERRET _x -- -- — ROBERTS X VEVERA I First consideration May 2, 1978 1 j Vote for passage: yes: deProsse, Erdahl, Neuhauser, rj Perret, Roberts. Nays: Vevera. Absent: Balmer. I! Second consideration May 9, 1978 Vote for passage: Ayes: Neuhauser, Perret, Roberts. deProsse, Erdahl. Nays: Vevera, Balmer. Date of Publication I i 1 i i I ;1 , ' I i k EEC&IVED b APFROVED i � (' 8Z ME LEGAL DF.PARTIIENT 7F d/ - .... I i 1 ; -10- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Id0111ES 5 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 78-2891 OF THE CODE OF ORDINANCES OF IOWA CITY. BE IT ENACTED: SECTION I. PURPOSE. The purpose of this ordinance is to amend Chapter 17 of the Housing Occupancy and Maintenance Code by providing a definition for exit and public way and integrating these terms into the applicable language of the Code. It is also intended to create an exemption for storm doors and windows on dwellings which have historical and/or architectural significance, and to provide for the combination of room areas in determining light and ventilation requirements of dwelling units. SECTION II. AMENDMENT. The Code is hereby amended as follows: 1. 17-2. Definitions. 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. PUBLIC WAY is any parcel of land unobstructed from the ground to the sky, more than ten feet in width, appropriated to the free passage of the general public. 2. 17-4.0) EXITS. (1) Two (2) means of egress required: a. Every dwelling unit and rooming unit shall have access to two (2) independent, unobstructed means of egress remote from each'other. At least one shall be an exit which discharges directly or via corridors or stairways or both to a public way. (2) Every means of egress shall comply with the following requirements: 3. 17-4.(i)(2)9. Exits. During the portion of the year when the housing inspector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit tooutdoor space, shall have supplied storm doors with a self-closing device; and every window or other device with openings to outdoor space shall MICROf ILMED RV JORM MICROLAB !010 @APlfit.ar •1,;I!If '. ORDINANCE NO. PAGE 2 likewise be supplied with storm windows, except where such other device for protection against the elements and cold is provided, such as insulating glass and insulated metal doors. EXCEPTION: Dwellings designated by official action of the City Council has having special historical or architectural significance shall be exempted from the above door/window requirements. 17-5.(e). Natural Light. Every habitable room except kitchens shall have at least one (1) window facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be at least ten (10) percent of the floor area of such room. Whenever the only window in a room is a skylight type window in the ceiling of such room, the total window area of such skylight shall be at least fifteen (15) percent of the total floor area of such room. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. MICROFILMED BY JORM MICROLAB FOFa IAPI:,C• 11 I'N I ORDINANCE NO. PAGE 3 Passed and approved this MAYOR ATTEST: CITY CLERK It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA First consideration Vote for passage: Second consideration Vote for passage: AECEIVZD • jiPPy0V11D BY TJMLyUL DXpARTXM - g�9 MICROFILM BY JORM MICROLAB (10 A;, PAPIDS•JI -It) I fjf , MICROFILMED BY JORM MICROLAB