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
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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
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upon application according to the following procedures:
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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.
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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.
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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.
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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.
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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.
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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.
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES nOIMES
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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.
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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.
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CEDAR RAPIDS -DFS MOINES
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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�.
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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
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,
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k EEC&IVED b APFROVED
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CEDAR RAPIDS -DES Id0111ES
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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
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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:
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JORM MICROLAB
(10 A;, PAPIDS•JI -It) I fjf ,
MICROFILMED BY
JORM MICROLAB