The URL can be used to link to this page

Home My WebLink About1982 Ordinance BookORDINANCE 1982 BOOK 19 3048-3067 PAGE ORD. # TITLE DATE 1-4 3048 Ord. Amending Section 27-38,27-41,27-54 2/02/82 21-32 3055 27-56(e),32-28,32-41,8.10.20A(2)h,8.10.20D.5, 8.10.28G & 8.10.32C To Establish Specific Fees 33-34 3056 By Resolution 5-6 3049 Ord. Amending Section 8.10.25, Off -Street Park- 35-36 3057 ing Requirements, Of The Code Of Ord., Iowa City 7-8 3050 Ord. Amending Section 35-35(7) Of The Code Of 37-51 3058 Ord. Of Iowa City 9-10 3051 Ord. Vacating Alley Right -Of -Way Platted In Lyman 3/02/82 Cook's Subdivision Of Outlot 25 & Berry Hill & 54-56 3060 Pierce Addition 11-13 3052 Ord. Vacating Maiden Lane R -O -W B/Prentiss St. 3/16/82 And Des Moines Street 14-15 3053 Ord. Changing The Name Of A Portion Of Scott Blvd. To Peterson Street 16-20 3054 Ord. Amending The Zoning Ord. By Changing The 3/30/82 Use Regulations Of Certain Property From R1A To CH and Co (Highlander) 21-32 3055 Ord. Repealing Chapter 11, Article I, Article II 4/13/ 40 And Article III Of Municipal Code 33-34 3056 Ord. Amending Section 4-17 Of Chapter 4 Of The Airport Ordinance 35-36 3057 Ord. Amending Zoning Ord. Changing Use Regulations 4/27/82 From M2 To C2 (Country Kitchen) 37-51 3058 Ord. Amending Chapter 9.1 Of Code Use of City Plaza 52-53 3059 Ord. Amending Section 23-189 Of Municipal Code (Speed Limit On First Avenue) 54-56 3060 Ord. Amending Chapter 31 By Adding Section 31-10 To Code Of -Ord. 57-59 3061 Ord. Amending Sections 34-74 And 34-75 Of The Weed Control Ord. 60-62 3062 Ord. Amending Chapter 8.10.35 Zoning Ord, Re Pro- 5/11/82 visions Permitting Awning Signs In Commerical Zones 63-64 3063 Ord. Approving Prel. & Final PAD Plan Of Lot 6, 6/8/82 Aspen Lake Subdivision 65-67 3064 Amending Chpt. 8.10 Zoning Ord. Re Construction 6/22/82 Moratorium 68-69 3065 Amending Section 8.10.25 Zoning Chapter Re Off -Street Parking 70-71 3066 Amending Section 24-84 Re Water Ski Shows 72-76 3067 Ord. Amending Zoning Ord. Re Interpretation Of The Zoning Ordinance ORDINANCE 1982 BOOK 19 3068- 3079 PAGE ORD. # TITLE DATE 77-91 3068 Ord. To Amend The Code Of Iowa City By Establish- 6/22/82 ing Chapter 24.1, Noise 92-101 3069 Ord. Amending Section 35 By Repealing Article II, 7/06/82 Taxicabs, And Adopting A New Section In Lieu Thereof 102-103 3070 Ord. Amending Location Of Rose Alley 104-108 3071 Ord. Amending Chpt. 5 By Adding A New Section 5-10 7/20/82 To Code Of Ord. (closing hrs. where beer/liquor is sold) 109-110 3072 Ord. approving preliminary and final PAD of the 8/3/82 Iowa City Public Housing Project 22-4 111-112 3073 Ord. approving final PAD for Walden Wood, Part 1 113-114 3074 Ord. amending zoning ordinance for certain property to RIB (Albert and Wilfreda Hieronymus) 115-116 3075 Ord. amending zoning ordinance for certain property to R1A (Ralston Creek South Branch Stormwater Basin) 117-119 3076 Ord. amending Code of Ordinances, renumbering Noise Ordinance to 24.4 120-127 3077 Ord. Amending Chpt. 8.10 Establishing Airport 8/31/82 Overlay Zones 128-140 3078 Ord. Amending Chpt. 4 (Airport) of Code Of Ord. 141-145 3079 Ord. Amending Zoning Ord. By Deleting Sections 9/14/82 8.10.35.20G, 8.10.35.20I, 8.10.35.22, 8.10.35.23, & Amending Sections 8.10.35.18 & 8.10.35.20 (Sign Installers & Fees For Sign Permits) ORDINANCE NO. 82-3048 ORDINANCE AMENDING SECTION 27-38, 27-41, 27-54, 27- 56(e), 32-28, 32-41, 8.10.20A(2)h, 8.10.20D.5, 8.10.28G, and 8.10.32C TO ESTABLISH SPECIFIC FEES BY RESOLUTION. SECTION I. PURPOSE. The purpose of this amendment is to delete specific fees from the cited sections of the code and insert a general statement establishing the setting of fees by resolution. SECTION II. AMENDMENT. Sections 27-38, 27-41, 27- 54, 27-56(e), 32-28, 32-41, 8.10.20A(2)h, 8.10.20D.5, 8.10.28G, and 8.10.32C are amended by the followiing: A. Section 27-38 of the Code of Ordinances is hereby amended by deleting said section and replacing it with: A fee shall be paid at the time the preliminary plan required by this division is submitted to the City, in an amount to be established by resolution. B. Section 27-41 of the Code of Ordinances is hereby amended by deleting said section and replacing it with: A fee shall be paid at the time the final plan, or a combination of preliminary and final plans, required by this division is submitted to the City, in an amount to be established by resolution. C. Section 27-54 of the Code of Ordinances is hereby amended by deleting Section 27-54(c) and replacing it with: A fee shall be paid at the time the application is submitted to the City Clerk in an amount to be established by resolution. D. Section 27-56(e) of the Code of Ordinances is hereby amended by deleting said section and replacing it with: A fee shall be paid at the time the final plan, or any combination of preliminary and final plans and/or plats is submitted to the City Clerk, in an amount to be established by resolution. Ordinance No. 82-3048 Page 2 E. Section 32-28 of the Code of Ordinances is hereby amended by deleting said section and replacing it with: A fee shall be paid at the time the preliminary plat, or any combination of preliminary plats and/or plans, is submitted to the City Clerk, in .an amount to be established by resolution. F. Section 32-41 of the Code of Ordinances is hereby amended by deleting said section and replacing it with: A fee shall be paid at the time the final plat, or any combination of preliminary and final plats and/or plans, is submitted to the City Clerk, in an amount to be established by resolution. G. Section 8.10.20A(2)h of the Code of Ordinances is hereby amended by deleting said section and replacing it with: A fee shall be paid at the time the preliminary planned area development, or any combination of preliminary plans and/or plats is submitted to the City Clerk, in an amount to be established by resolution. H. Section 8.10.20D.5 of the Code of Ordinances is hereby amended by deleting said section and replacing it with: A fee shall be paid at the time the final planned area development, or any combination of preliminary and final plats and/or plans, is submitted to the City Clerk, in an amount to be established by resolution. I. Section 8.10.28G of the Code of Ordinances is hereby amended by deleting said section and replacing it with: A fee shall be paid at the time the notice of appeal is filed in an amount to be established by resolution. J. Section 8.10.32C of the Code of Ordinances is hereby amended by deleting said section and replacing it with: Ordinance No. 82-3048 Page 3 Before any action shall be taken as provided in this Section, the party or parties proposing or recommending a change in the district or zone regulation or district or zone boundaries shall deposit with the City Clerk a fee in an amount to be established by resolution. 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 2nd day of February, 1982. ORDINANCE 1982 BOOK 20 3080 - 3096 PAGE ORD. # TITLE DATE 146-149 3080 Ord. Amending Sections 8.10.3, 8.10.4, 8.10.9, 9/28/82 8.10.24 & 8.10.26A Of Zoning Ord. & Adding Section 8.10.10.1 To Zoning Ord. 150-163 3081 Ord. Amending Chpt. 22 of Code Of Ordinances 164-167 3082 Ord. Amending Section 8.10.18, Performance Standards Of Code Of Ordinances 168-172 3083 Ord. Amending Chapter 24 Of Code Of Ordinances Add- ing Article VIII, "Intrusion Alarms" 173-174 3084 Ord. Changing The Name Of A Portion Of Dover St. 10/12/82 To Perry Court 175-177 3085 Ord. Deleting References To Kiosks & Permanent, 10/26/82 Privately -Owned Free -Standing Structures Re City Plaza 178-180 3086 Ord. Amending Zoning Ord. To Rezone Certain Property 11/09/82 C2 (John R. Sladek) 181-183 3087 Ord. Amending Zoning Ord. By Changing Use Regulations Of Certain Property Located At 603 S. Dubuque Street From C2 to R3B 184-186 3088 Ord. Amending Zoning Ord. By Changing The Use Reg- 11/23/82 ulations Of Certain Property Known As Forest View Court From R1A to RMH 187-190 3089 Ord. Amending Zoning Ord. By Changing The Use Regulations Of Certain Property Known As Towncrest Mobile Home Park From C2 To RMH 191-193 3090 Ord. Amending Zoning Ord. By Changing The Use Regulations Of Certain Property Known As Hilltop Mobile Home Park From C2 To RMH 194-196 3091 Ord. Amending Zoning Ord. By Changing The Use Regulations Of Certain Property Known As Bon Aire Mobile Home Lodge From C2 To RMH 197-202 3092 Ord. To Amend Chapter 17, Sections 17-2; 17-5(i); 17-6(f); 17-6(g); 17-80) of Code Of Ord. 203-206 3093 Ord. Amending Zoning Ord. To Add Section 8.10.8.2, 12/13/82 Residential Neighborhood Conservation Zone -20 207-209 3094 Ord. Amending Zoning Ord. By Changing The Use Regulations Re Property At 1411 Waterfront Dr. From M2 to Ce 210-212 3095 Ord. Rezoning Certain Property Located In The Southwest Quadrant Of Intersection Of Rochester Avenue And Amhurst Street From RIA to R1B 213-218 3096 Ord. Amending Zoning Ord. To Rezone Portions Of The Area Known As The College/Hill/South Dodge Street Moratorium Area ORDINANCE BOOK 20 3097 - 3098 PAGE ORD. # TITLE 219-220 3097 Ord. Vacating West 60 Feet Of East 160 Ft. Of The Alley R -O -W In Block 47 221-228 3098 1 Ord. Establishing An Historic Preservation l Commission & Providing For Establishment Of Historic Preservation Districts & Defining Powers & Duties In Association Therewith DATE 12/21/82 0 0 It was moved by Perret , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxx Vote for passage: Date published 2/05/82 Moved by Perret, seconded by Erdahl, that the rule requiring ordinances to be considered and 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: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Received & Appi. 131 Byjhe Legal A<:H• . -�, , 9 CITY GF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY )) OWE CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3048 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of February 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 5th day of February , 19 82 . Dated at Iowa City, Iowa, this 16th day of March 19 82 . MARIAN K. KARR, DEPUTY CITY CLERK Printers fee $2k�6 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hed, was published in said paper timelsl, on the fol - i telsl: } Cashier Subscribed /� and sworn to before me this ^ C ay of Yom, A. D. I�/•'1 , L —_ j� Notary Public No: /6' Jvu SIAMMI k' OFFICIAL PUBLICATION ORDINANCE W. 92-In68 ORDINANCE AMENDING SECTION 27-30, 27-41, 27-54. 27- %(8). 32-28, 32-41, 8. 10.20A(2)h, 8.10 20D. 5, 8. 10.286. and a. 10.11[ TO ESTABLISH S/ECIF IC FEES BY RESOLUTION. - G' SECTION 1 PURPOSE. The Dunobe of this ameMment 7s . See eqi, fees !rhe the citta bections of the code aha Insert a general statemnt aspalishimg the setting of fees by resolution. SECTION IT. ANEONENT. Sections 27-38, 27.41, 27- 427-56(e),8-28, 32-41, 8. 10.20A(2)N, a. 10.200.5, 8.10.286, and 8. 10. 32C an smamed by the following: A. Section 27-M of the Code of Ordinances is hereby amended by deleting said s.cWon and replacing it with: A fee shall be paid at the tiIA� the preliminary plan rasuired by this divislCo Is submitted be the City, in an anent Lo M established by resolution. N. Section 8.10.300.5 of the Code of Orli na„C!s is hereby aun0ed In, deleting said section mad replacing It with: A fee shale M -Mid -at the time the final planned area develoy[lent, or any combination of preliminary and final plata and/Or plans. is submitted to the City Clerk, in an amount to M established by resolution. Section B. 10.28G of the Code of Ordinances is hereby Amended by deleting said section and replacing it with: _ A file shall M Mid At the time the notice of appeal is filed in an amount to M established M resolution. Section B.lo.uc Of the Code of ordinances is hereby ammMed by deleting said section and replacing it with: Before any action shall M taken as provided in this Section, the party or Partin propos Fng Or rec.,uJi, A change in the district or tome regulation or district or tom Mora les shall deposit with the City Clark a fee in an amount to M estMlished by nsOlutian. 8. Section 27-41 of the Code of Or is SECTION 111 REPEALER. All ordinances aha Nr4 hereby amended by deleting said section and Of ordinances in conflict with the provision of replacing it with: this ordinance m hereby repealed. A teeshall M Daid at the time the final plan, or t combination of preliminary and final A lans, required by this division is submitted Co the City, in as amount to be established bif nsolution. G Section 27-54 of the Code OI OrdiM. 11 hereby amended by deleting Section 27-54CCI and replacing it with: A fee shall be Paid at ,the time the application is sabeit tad to the City Clem in an amount to be Astab II shed by resolution. 0. Section 27-56(e) of the Code of Ordinances Is hereby amended by deleting said sntiun and replacing it with: A fee shall be Mid at the time the final plan, or my combination of preltminfry and final plans anll plats is submitted m the City Clark, int an Mount Co M established by resolutinn. E. Section u-26 of the Code of Ordinances is hereby Mended by deleting said section and replacing it with: A fee shall be paid at Use time the preliminary plat, or any combination of ptlliminary Aide and/or plans, pl s, is submittede ke -tnas City Clerk, in . tablished by resolutlon. F. section 32-41 of the Code of Ordinances is hereby emended by deleting said section sed replacing it with: A fee shall he Mid at the Lime the final plat. or any Combination of Preliminary and final plats aha/or plms, is submitted to the City Chrk, in an Mount to Pe estatlisMd by resolution. 6. Section 8.10.2M(2)h of theCode Of Orth Moces is hereby ceded by deleting sato section and replacing it with. A fee shall M paid at the time the preliminary planned Aral, development, or any cempination of prollmi nary plans am/or plats Is submitted to the City Clerk, in an aa0unt U he setatl/sono by resolution. SECTIM IV. SEVERABILITY. II eny section, proV s on or Mrt o the ONl name shall M edjudNd to M invalid or unconstitatiogi, tach {1Wicatlon shall not affect the Validity of the OMiname as •whole or any section, provision Or Part thereof Mt a0l invalid br amontti- EFFECTIVE DATE. This 0rdinance shall after Cts nal passant, approval and as required by law. and approved this 2n4 day Of February, 1982. KAYOR ATTEST: CITY CURW A P88fi1wY 3r Tip ORDINANCE NO. 82-3049 ORDINANCE AMENDING SECTION 8.10.25, OFF- STREET PARKING REQUIREMENTS, OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the off-street parking requirements of the Iowa City Zoning Ordinance for "clinic" type uses. SECTION II. AMENDMENT. Section 8.10.25.A.10 of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following paragraph: 10. Clinic, medical, 2 parking spaces dental and similar for each office, outpatient clinics, examining room, except animal. treatment room and reception area provided; however, there shall not be less than 5 spaces. 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. Passed and approved this 2nd day of February, 1982. AYOR ATTEST: JJ:,L- I CITY CLERK Received & Approved By The Legal Department �,P" /Z-/-8/ It was moved by Erdahl , and seconded by McDonald that the Ordinance as read 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 First consideration 1/19/82 Vote for passage: Ayes: Dickson, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. Absent: Erdahl. Second consideration xxxxxxxxxxxxxx Vote for passage: Moved by Erdahl, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be sus- pended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Date of publication 2/10/82 li CITY OF CIVIC CENFER 410 E. WASHINGTON ST STATE OF IOWA «V JOHNSON COUNTY OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of. the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3049 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of February 19 82 all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 10th day of February , 19 82 . Dated at Iowa City, Iowa, this .16th day of March 19 82 . MARIAN'K. KARR, DEPUTY CITY CLERK Printers fee $_Me,. 2 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS•CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is raapublished in said mels, on the fol - Cashier or to before me �, A. D. 19I� P�5l Notary Public No.� C/ K!t su► rwlc�t OFFICIAL PUBLICATION ORDINANCE W. 02-3019 ORDINANCE KIINGOING SECTION 8.10.15, OFF - OF ORD. PARIES REQUIREMENTS, OF THE COBE OF DRDINmEEs DE iDNA CITY , IPM. f SECTION I. PURPOSE. The Purpose of this oraindlidh'! Ts oiE�e oT�'rtreet park, rg reguiraaents of the low City zoning Ord' Mnce for "clinic" type On, SECTION IT AMENDMENT, Section 8.10.25.A.10 of t o e a oances is hereby acended by deleting said section and replacing It with the fol loving paragraph: W. Clinic, d,.I, 2 parking spaces dental and similar for each office, man tient clinics, examining roma, except animal. traatarent room and reception arae provided; .. haryer. there ,MIT not be less than 5 spaces. 4cTION IIMnI REPEALER. All ordinances ala parts oces n con lice Nith the provision of this ordinance are tertly repealed. SE[TiON IV. SEVERABILITY. If airy section, prov,s on or part o tha Ord' Mnce shall be a0judged to De invalid or If an,, such ajud,cation shall not affect the validity of the Ord' Mnce as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE.This Ordinance shall n a ec a r s nal Passage, Approval and �Iicadn as Maui rad by lay. ;dssld aha approved this 2nd day of Febrwry. 1982. ATTEST. / Circ CLERK February 10, 1981 ORDINANCE NO. 82-3050 ORDINANCE AMENDING SECTION 35-35(7) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amendment is to confer authority on the Clerk and City Manager to obtain pertinent information in connec- tion with applications for certificates of public convenience and necessity. SECTION II. AMENDMENT. Section 35-35, subparagraph (7) is hereby amended by inserting after the words "City Council" the following words: "Clerk and City Manager." 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, provi- sion 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. Passed and approved this 2nd day of February, 1982. IIU �1�M111 "A MAYOR ATTEST: CITY CLERK Received 8 Apnrovoci By Tao Legal LGWrnaol 1 2L 7 It was moved by PPrrPt , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration Vote for passage: Second consideration Vote for passage: xxxxxxxxxxxx xxxxxxxxxxxx Date published 2/10/82 Moved by Perret, seconded by McDonai.d, that the rule requiring ordinances to be considered and 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: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. CITY C1OWr-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3050 which was passed by -the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of February 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 10th day of February , 19 82 . Dated at Iowa City, Iowa, this 16th day of March 19 82 MARIAN K. KARR, DEPUTY CITY CLERK Printers fee $til �/ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att had, was published in said paper timeisi, on the fol- io teisl: (01 Cashier Subscribed and swor to before me r2j��daly/ of A. D. �/- Notary Public �L/ Lwc= F"' " ORDIIN MCE NO. 82-305 "CE AMENDING 9ECTIOM 35-35(]) DF THE CODE OF i INANCES OF THE CITY OF IOWA CITY, 100. CTION 1. PURPOSE. The purpose of tis asendaent [o cani'e� r autfwrity on the 'Clerk and City tanager to obtain pertl Mnt intonation in connec- tion Win applications for certificates of public convenience and necessity. SECTION Il. ANENDIIENT. Section 35-35, subparagrap ] s hereby asendetl by inserting after the Words "City Council" the folladag WOrds-. 'Y1 em and City Manager." SECTION III. REPEALER. All ordineooes. and parts O Or MMe9 n Cbnfll ct Vith the provision of this ordinance an hereby repealed. tCTIOM I. SEVERABILITY. If ." section, provi- pn Or part o the r nance shall be adjudged to N invalid o unconstitutioMl, such ajudication {scall not affect the validity of the Ordinance as a Mole or any section, provision or part thereof not "urged invalid or unconstitutiOMl. W. EFFECTIVE DATE. This OrdinRpca Shull t after TUT -M.1 pasdege, approval and '"as required by lay. passed aM approved this 2nd day of February, MAYOR ATTEST URN Feb"ry 10, 1"2 ORDINANCE NO. 82-3051 AN ORDINANCE VACATING ALLEY RIGHT-OF-WAY PLATTED IN LYMAN COOK'S SUBDIVISION OF OUTLOT 25 AND BERRY HILL & PIERCE ADDITION. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the following described right-of- way in Iowa City, Iowa, is hereby vacated for street purposes: Beginning at the northeast corner of Lot 4 of Lyman Cook's Subdivision of Outlot 25, Iowa City, Iowa, (this corner is assumed to be the southwest corner of the section of alley vacated July 5, 1966). Thence southerly along the easterly lot lines of Lots 4 and 5 of Lyman Cook's Subdivision and Lots 10, 9, 8, and 7 of Berry Hill & Pierce Addition to Iowa City, Iowa, to the southeast corner of Lot 7 of Berry Hill & Pierce Addition; thence in an easterly direction to the southwest corner of Lot 4 of Berry Hill & Pierce Addition; thence northerly along the westerly lot lines of Lots 4, 3, 2, and 1 of Berry Hill & Pierce Addition and Lots 10 and 9 of Lyman Cook's Subdivision to the northwest corner of Lot 9 of Lyman Cook's Subdivision (this corner is assumed to be the southeast corner of the section of alley vacated July 5, 1966); Thence in a westerly direction to the northeast corner of Lot 4 of Lyman Cook's Subdivision which is the point of beginning. SECTION II. This ordinance shall be in full force and effect when published by law. Passed and approved this 2nd day of March, 1982. C%t/ CJ Eyyt � �y� (MAYOR ATTEST:uo JjY,r w d g APP• ve C TYC TY CLERK' geceive artment he Legal �I2ep SCJ W It was moved by Balmer , and seconded by Lynch that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxx Vote for passage: Date published 3/05/82 Moved by Balmer, seconded by Lynch, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Lynch, McDonald, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: Neuhauser. /0 CITY C)F CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWE C ITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3051 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of March , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 5th day of March , 19 82 . Dated at Iowa City, Iowa, this 8th day of April , 19 82 . MARIAN K. KARR, DEPUTY CITY CLERK Printers fee $/_,� a i CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto a ched was published in said paper time(s), on the fol - I Ing date(s): Cashier Subscribe and sworn to before me this day of I / A. D. / V Notary Public N o12 /6C- iuu w►rwuc�It OFFICIAL PUBLICATION ORDINANCE N0. U-3051 AN ORDINANCE VACATING ALLEY RIGHT-OF-WAY PLATTED IN LYNAN COOK'S SUBDIVISION a OUTLOT 25 AND BERRY HILL 8 PIERCE ADDITION, BE IT ORDAINED.. ly THE CITY COUNCIL Of INA CITY, IOWA: SECTION I That the following described rightaof- •myy - T. City, lora, is hereby vacated for street purposes: - Beginning at the northeast corner of Lot 4 of Lyman Cook's subdivisionfof ORt)Ot 25, Iowa City, Iowa, (this corner is assumed td be the southwest corner of the section of alley vacated July 5, 1966). Thence sdutherly along the easterly lot Tines of Lots 4 add 5 of Lyman Cook's Subdivision and Lots 10, 9, B. and 9 of Berry Hill 6 Pierce Addition to Iora City, Iowa, to the southeast corner of Lot J of Berry Hill E Pierce Addition; thence in an easterly direction to the southwest corner of Lot 4'of Berry Hili 8 Pierce Addition; thence northerly along the westerly lot lines of Lots 4, 3, 2, ane I of Berry Hill 8 Pierce Addition and Lo[s 10 and 9 of Lyman Cook's Subdivision - to the ii rthv i corner of Lot 9 of Lyman Cook's Subdivision (this corner is assumed to be the sDutheast corner of the sectlpn of alley Gacatee July 5, 1966); Theme (h a. wplt'Yly direction to the northeast corrcldb of Lot 4 of Lynam Cook's Subdl w is l on Which is the Point of beginning. eaSECTION 11. This ordinafort shall be in full foe am e— ect when pub I l shed by law. Passed and approved this 2nd day of Yarch, 1982. 121411 A fm_ ATTEST. - 1YCLE,T RK March 5, 1982 ORDINANCE NO. 82-3052 AN ORDINANCE VACATING MAIDEN LANE RIGHT- OF-WAY BETWEEN PRENTISS STREET AND DES MOINES STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the right-of-way in Iowa City, Iowa, hereinafter described by Attachment A and incorporated by reference herein is hereby vacated for street purposes with a utility easement retained over the west twenty-five (25) feet of the right-of-way. SECTION II. This ordinance shall be in full force and effect when published by law. Passed and approved this 16th day of March, 1982. C. Iib Qn OR ATTEST: CITY CLERK Received & Approved By The Legal Department It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER —� DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 2/16/82 Vote for passage:Ayes: McDonald, euhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Second consideration 3/2/82 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. Absent: Neuhauser.. Date published 3/24/82 /a.)— ATTACHMENT A L E —_•J �� d __ I I u NOV 1 9 1981 L= ° l y I ABBIE STOLFUS q.• 3ateatlaa x. • ✓ + .,... GTY CLERK $ or so)- w'w'a &d aeL -- I rte. M4.41 I _.7 ` 1 + to 01, r 3. Mp � �-_- 3 L r' � ,• � Y • dfA1 3 I L j � Y • b 11. N / • N M•N• Lre'W � �oir htetT t N s.ewLM.O CV" if, that during the meeth of November, 1981, at the direction of frank 8.ya, a eurve. .is -ace ,ndar my superuision of maiden Lane between Prentiss Strut and Des Mine* Street, r d .ore partio„ larly described as follows; �Hegiiming 3t tna 5cuthaset Corner of Lot d, Block 21 County Suet Addition to Iawa City, IC- 1:nrncx �Aasuaaed bearing) 320.00 fast to the Northeast Corner of Lot 1, BIoCk :'1 Count, Saat Addition to Iowa City, Iow; Thence 589"45'26^C, 50.00 feat an the South I Pigrt-af_Way line of Prentiss Street; Thence 500.12'59^W, 300.88 feet on the West line cf i Block 5, Lyon's first Addition to Iowa City, lows; Thence 535^33'69"W, 23.43 feet on the �Wastarl. Rignc-of_Way ane of Gilbert Street; Thane• N89045126"W, 36.64 feet on the Nor -h algrt-of-War :ins of Das Minas Street to the Point -of -Beginning. Said tract of lana rontainino 15,3b> square feet and subject to as••wenta and restrictions of record. ••r•.P.or a^:tifv that the plat as amown in • correct representation of the survey ane . rne:-s •rw - r.aa as indicated. =ober: C. Nicw el so Req. No. 7036 Oat. i Su/p Xribed an sworn �o/before .* this 17 y of ( nifL ta 'Notar Public, In and for • State of Iowa rz.-., GC\N1t.. `Wfo •..r ••C[TY Oma, %*was a%T `( aww.•.r,•cr.«. CUAULTLIP"� r o� a.us,war Lf..►� Of.1.r.41Rtora a «.w•, r.,... ,.... ►l. T .ws: w'u..w.... IT ..,,.•, seu.�rArav t ar e� a. roatto.w Ls c.. w. .oe. city, .or �nl� ..,w p� .wl N 14 C. u0•t 13 CITY C-...jF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW,, --A CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82_gn52 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of March 19_, all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 24th day of March , 19 82 Dated at Iowa City, Iowa, this 8th day of Aoril 19 82 . rn4��o MARL N K. KARR, DEPUTY CITY CLERK Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hed was published in said paper time(s), on the fol - in to sl: 2U -/A Cashier Subscribed and sworn to be'�for me this ay offJG(Lld..D. 19 Notary Public No. . L JUU KAVN� OFFICIAL PUBLICATION ORDINANCE NO. 82S= ORDINANCE VACATING MAIDEN LANE RIGHT-0FWAY BETWEEN PRENTISS STREET AND DES INES STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That no, ri�nt-of-way In Iowa City, Iowa, herelnatter described by Attachment A aM Incorporate nc ae by referee hereinis hereby vacated for sheet Purposes with a utility "Soman) retained over the W40 "Mollve (25) feet of the right M -way. SECTION 11. This ordinance shall be In Poll force and effect when Published by law. Passed aM approved MIS 16th day of March, 1952. MARY C. NEUMAUSER, Mayor ATTEST: Abble Stolfus, City Clerk J - �vtcraTti wr < . Ai3BIE u.' & 4ei III �t CITY CLERK o / N aVl'ai L4'W 1 —.� OZv-naw tiT T�-� ATTACHMENT A November IW 1, at the direction of Frank go d, a survey was made under DetweM drerUlss Street WW on Moines Street, a" more particularly H Addition to Iowa City, Iowa: Thence wraf Lat I, Biock 21 Courry Seat Adoltlan "V Way line of Proh Psi Street; Thence it Addition fu Iowa 1:Iowa; Thence Street. Thence N89a45 h"W, se al feet an (ming. Said tract of land rantalning I5,e0 Me Survey and all corners ars marked as March 2C 1912 ORDINANCE NO. 82-3053 AN ORDINANCE CHANGING THE NAME OF A PORTION OF SCOTT BOULEVARD TO PETERSON STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. That the portion of Scott Boulevard from existing Court Street to 1494.69 feet south of Court Street be renamed Peterson Street. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with -the provision of this ordinance are hereby repealed. SECTION III. 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 unconsti- tional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 16th day of March, 1982. ATTEST: City Clerk Received E Approved By The Legal Department 3 to It was moved by Balmer and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x McDONALD x NEUHAUSER x PERRET First consideration .xxxxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxxxx Vote for passage: Date published 3/24/82 Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Lynch. Nays: None. Absent: Erdahl. 15� CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWE C ITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3053 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of March , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 24th day of March , 19 82 . Dated at Iowa City, Iowa, this 8th day of April 19 82 MARIAN K. KAR , DEPUTY CITY CLERK Printers fee $_1_Ais5_ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper,time(s), on the fol- lowing date(s "sworn this By o A.D. 19 t Notary Public No. t1YNiLAYW1KF/t OFFICIAL PUBLICATION ORDINANCE NO. 02-3053 AN ORDINANCE dMANOf THE NAME OF A PORTION OF I. SCOTT BOULEVARD TD'!►61a0N STREET, ' BE IT ORDAINED BY TWE CITY COUNCIL OF IOWA CITY, IOWA: SECTION L PURPOSE. That the portion of Scott Boul ever rpm ex,sLing Court Street to 1494.69 feet south of Court Street M renamed Peterson Street. LTION II. REPEALER. All ardinances and Parts .ef ordlnari—n%oRTict with the provision of this erdinarse are hereby repealed. Q109 III. SEVERABILITY. If any section, rpv s o'Tf n pTprE —.ru rdiM shall be Adjudged to De invalid or uneonstitUtional, such ajudication shall not affect the validity of. the Ordinance as a Whole orNny Section, provision or part thereof not adjudged invalid or unctisti. tional. . LT ION IV. EFFECTIVE DATE. This Ordinance shall n e ect after final passage, approval am Oublication as required by law. Passed and approved this 16tN day of March, IW. "UA".�I�ay°r —„a_IIt. y. — ATTEST. trcer March 24, 1981 ORDINANCE NO. 82-3054 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A TO CH AND CO. BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described below is hereby reclassified from its present classification of R1A to CH, and the boundaries of the CH zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing as a point of reference at the northeast corner of the Southeast quarter of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence North 189.76 feet along the East line of the Southwest quarter of said Section 36 to the point of beginning; thence North 49°06'50" West 1,186.34 feet to a point of intersection with the Easterly right-of-way line of Iowa State Highway #1; thence South 24°44' West 267.5 feet along said easterly right-of-way line to a point; thence South 14°48' West 203.04 feet along said easterly right-of-way line to a point; thence South 24°44' West 118.0 feet along said easterly right-of-way line to the northerly most corner of the DX service station parcel; thence South 46032' East 561.87 feet along the northerly line of said DX service station parcel to a point; thence South 38030' West 90.0 feet to a point; thence South 82045' East 510.0 feet to a point; /IF Or ince No. 82-3054 Pa thence Northwesterly 173.2 feet along a 275 foot radius curve concave Southwesterly (chord length 170.0 feet) to a point; thence North 62°30' East 325.0 feet to the point of beginning. The area of this described parcel is 14.1 acres, more or less. As requested by Jomac Development Company. SECTION II. That the property described below is hereby reclassified from its present classification of R1A to CO, and the boundaries of the CO zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing as a point of reference at the Northeast corner of the Southeast quarter of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; thence North 189.76 feet along the East line of the Southwest quarter of said Section 36 to the point of beginning; thence South 62030' West 325.0 feet to a point; thence Southeasterly 173.2 feet along a 275 foot radius curve concave Southwesterly (chord length 170.0 feet) to a point; thence North 82°45' West 25.0 feet to a point; thence Southeasterly along a 250 foot radius curve concave Northeasterly (chord South 32°45' East 320.0 feet) to a point; thence South 17015' West 428.0 feet to a point of intersection with the Northerly right-of-way line of Interstate -80; thence South 87°80' East 125.0 feet along said Northerly right-of-way line to a point; Or ince No. 82-3054 Pa„ 3 thence South 77°54' East along said Northerly right-of-way line to a point of intersection with said East line of the Southwest quarter of Section 36; thence North along said East line of the Southwest quarter of Section 36 to the point of beginning, also, All that part of the Southwest quarter of the Southeast quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, located North of the Northerly right-of-way line of Interstate -80, also, The Southerly 189.76 feet of the Northwest quarter of the Southeast quarter of Section 36, Township 80 North, Range 6 West of 'the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. The area of this described parcel is 37.9 acres, more or less. As requested by Jomac Development Company. SECTION III. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION IV. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provi- sion 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. /f Or ance No. 82-3054 Pa 4 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 30th day of March, 1982. C. 4 u tt AYOR ATTEST: Qi J/�� CITY CLERK p,�ceived & F1PArr'aed 6Y '[he I,Jol ve oars T -Z /1' It was moved by Balmer , and seconded by Lynch , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: First consideration xxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxx Vote for passage: Date published 4/07/82 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Balmer, seconded by McDonald, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspend- ed, the first and second consideration and vote be waived and the ordinance be voted upon for final pass- age at this time. Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. CITY CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/--\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. S2-3nF4 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the loth day of March 19�Z, all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 7th day of April , 19 --BZ. Dated at Iowa City, Iowa, this 11th day of May 19 82 . MARIAN K. KARR, DEPUTY CITY CLERK Printers fee &!0' 3 / CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is heretoat ached, was published in said paper ///� /tiime(s), onthe fol- lowing i 1) Cashier Subscribed and sworn to before me this�day of A. D. 194",� No.��f OFFICIAL PUBLICATION ORDINANCE W. 82-3na4 OROINAxCE AMENCING THE CONINO ORDINANCE By CHANGING THE USE REOULATIOMS Of CERTAIN PROPERLY PRONI RIA TO CN MOW. BE IT ORDIAIEO BY TINE CM COUNCIL OF THE CITY OF IOWAR CITY, lmA SECTION 1. 'That the property dascribnd helow is n mclasilflW True its present clasalflcation Of R3 -A. to CH, and tba boundaries of the CH zone as indicated Noon the zoning cap of the City of Iowa City. lora,. shell oe enlargnd to ihcluae the following prapetty, to -sift; Caseocing as a Point of reference at the northaaat corner of the Southeast quarter of tlw ,$outMest quarter of Sectiea M. Township 80 North, Range 6 vest of the filth Principal Meridian, Iwe City, Johnson County. law; thna'Moth 189.M feet along the East lire of the Southwst garter of saitl Section X to the point of beginnlrg; thence (forth 49'06'50" wet 1.186;3a. feet to a point of intersection with the Easterly right -of -,fay lire of love state Highway 01; tdwace South Naea' Kat M7.5 feet along said easterly riyht-of-wey lire W A point; [sena South 14^48' Pest 203.04 feet along saea id sterly right-of-way lire to e Doi nt; thence South 24aea' least 118.0 feet alorg said easterly right-of-way line W the mrtlwrly east corner of the OR service station parcel; therca South 46•.72' East 561.87 feet along tl�e rorWrly lie of said ON ser a station Feral to A point; three South 38°30' *at 90.0 feet W a Point; thence -South 82°65' East 510.0 fast W a po{Jbt'r the Northwesterly 173.2 feet along a 275 foot radius curve Concave SOO steriy (cWM length 170.0 feet) to aaa fret; Mena NorthlNege30' East 125:0 feet W of Me point o1 hpinniy. T" ams, of this described parcel is 14.1 Acres, re oralass. ... As requested by Joaac Developaent Cow why. SECTION ll. That the Drciverty deurihed 6elw is nem r lassiflea from its present classifiation of ALA W eq, and the boundaries of Me CO Zane as indicabd upon tree zoni,g sap of the City of Iowa City, Law, shell he enlarged W include the fol IMOg Property. ta-,wi t: C rcinq a5 a point of refemna at toe Nortrwast corner of the southeast gwrter of the Southwest quarter of Section 36, Township 80 North, Range 6 vest of the fifM Principal Meridian, Iowa City, Johnson County, ]ares; thence North 189.76 feet along the East liM Of the, Southwest quarter of said Section 36 W the point of teginning; Menee south 62°30' least 325.0 feet W e pointi OFFICIAL PUBLICATION thence Southeasterly 173.2 feet almg a P5 foot radius curve concave Southwesterly (chord length 170.0 feet) to a point; thence North 82045' vest 25.0 feet to a Point. therce Southeasterly .1c g a 250 foot radius curve coreave Northeasterly (clwrd South 32°45' East 320.OjaFt) to a Print; thence South irw 1415t 428.0 feet to a Point of intersection with the Northerly right-of-way lire of lnteratat Wj Theme South 8740' East M. o feet along said Northerly right-of-way lire to a point; thence south 17°56' East along said aortae r I r gat -of -ay lire to a ori ret of intersection with said East line of the Southwest quarter of Saetion, 6; thence.Nortn along said East line of the southwest quarter of Section 36 to the point of beginning, al so, Al l that parot of the SOYtMast gWeter Of the Southeast quarter of Section M. loinsnip 00 North, Raise 6 "at of the Fifth Principal Meridian, Iwe City, Jonson County, law, located North of tre hortheNy right-of-way lire of Interstetrfa, at so, The Southerly M.76 feet of the northwest quarter of the southeast quarter of section 36, Township BO Wrtn, Range 6 Meat of the fifth Primipal He ridian, Iowa City, Johnson County, Iva. The area of this described parcel is 31.9 acMs. core or less. As requested by J. OevelopeaM Cogamy. t SECTION III. Tree Building Inspector is hereby auttw,iz6TaM directed W change the Zoning sap of the city.:0e;.lowa City. low, W edefore W Nis asendaent upon the final passage, 1P,caa1 and publication jis this ordinance as provided by law. SECTION IV- .The City clerk is hereby authoriZM an-TErr'_(d W certify a copy of this ordimnce W the County Recorder of Jonson County, Iowa. upon final passage and publication as provi Uad by law. SECTIOx V_ ..REPEALER. All ordinances and parts of coo of wind the provision of "is ordinance To hereby, repealed. 11 stC TION Yl. SEVERABILITY. If any section, iyo i- nion pr,part b(-the�t—iwnce shell be adjudged to re ipaalid or unconstitutional, such al Wication uhal4 mt affect the validity of the Orlinena As a enols or any s«Hon, provision or Part thereof not adjudged invalid or amonsti tuts one 1. SECTION VII. EFFECTIVE DATE. This Ordinance zTbil—be—fn a eco r its final mssape, ,approval and Dublkatioh as required by Law, Passed and approved Lois 30M day of March, 1982 COA V4AYATTEST: 61'r cum j April 7, 1982 ORDINANCE NO. 82-3055 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY ADOPTING THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO; REPEALING CHAPTER 11, ARTICLE I, ARTICLE II AND ARTICLE III OF THE MUNICIPAL CODE OF IOWA CITY, IOWA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to adopt the 1981 Edition of the National Electrical Code published by the National Fire Protection Association, commonly referred to as the "National Electrical Code" with certain additions and amendments thereto to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. SECTION II. AMENDMENT. Chapter 11, Article I, Article II, and Article III of the Code of Ordinances of the City of Iowa City is hereby deleted and the following new Chapter 11, Article I, Article II, and Article III is hereby substituted therefore: Chapter 11 ELECTRICITY ARTICLE I. IN GENERAL Sec. 11-1. Short title. This chapter, and all provisions incorporated herein by reference or otherwise, shall be known as the Electrical Code, may be cited as such and will be referred to herein as such and as "this code." Where the Municipal Code of the City of Iowa City is the subject of reference in this chapter, it will be referred to herein as "Iowa City Municipal Code." Sec. 11-2. Scope. The provisions of this code shall apply to the electrical conductors and equipment installed within or on public and private structures and premises; also the conductors that connect the installations to a supply of electricity and other �17Z//&Z;;-- a/ Ordinance No. 82-3055 Page 2 outside conductors adjacent to the premises; also mobile or- manufactured homes used for human occupancy within Iowa City. Additions, alterations and repairs to existing electrical equipment shall comply with the provisions of this code. Sec. 11-3. Definitions. For purposes of this code, the following definitions shall apply: Electrical Work: Shall mean all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all electrical equipment. Sec. 11-4. Adoption of a National Electrical Code. Subject to the following amendments, the 1981 National Electrical Code is hereby adopted. Sec. 11-5. Amendments to the Code. (I) Iowa City amendments to the National Electrical Code (are as follows): (A) Kitchen Outlets. No point on a wall shall be more than four (4) feet from an outlet when measured horizontally along the floor or counter line. (B) Basement Lighting Fixtures. In all types of occupancies except industrial, one permanent lighting fixture shall be provided for each two hundred (200) square feet of floor area. Stairway lighting shall not be included when calculating the required number of fixtures for the gross floor area of basements or cellars. (C) Stairway lighting shall be located so that stairtreads shall never be shadowed by a person using them. The light fixture shall be located at the top and the bottom of the stairs and any dark area. (D) Electrically controlled heating units shall be supplied by a separate circuit, with a properly fused switch at the r 0 ance No. 82-3055 Page 3 heating unit. All heating units shall be properly grounded. All wiring on the heating unit shall be in electrical metallic tubing, rigid metallic conduit or flexible metallic tubing. (E) All circuits shall be continuous by means other than attachment to the devices. (F) All types of flexible metallic conduit and tubing may be used where conduit must be fished into concealed places or where subject to vibrations or on light drops. A maximum length of flexible metal conduit of seventy-two (72) inches may be exposed. When flexible metal conduit is used, a grounding conductor of equal current carrying capacity to the largest current -carrying conductor shall be installed, and be fastened to the fixture and/or box. This shall be done with the appropriate screw which is colored green. (I) The following sections of the National Electric Code are deleted: (A) The notes to Tables 310-16 through 310-19 are amended by deleting Note #3 dealing with three -wire, single phase residential service. (B) Article 333 in its entirety. (C) Article 600-4 dealing with listing requirements for signs. Sec. 11-6. Moved Buildings. Structures moved into or within the city shall comply with the provisions of this Code for new structures. Sec. 11-7. Existing Buildings. If an existing building is damaged by fire, or otherwise, or altered in a manner to require the replacement of fifty (50) percent or more of the wiring and related equipment, the entire building shall be made to conform to the requirements of this Code for new buildings. e223 Ordinance No. 82-3055 Page 4 Sec. 11-8. Furnishing Current Prior to Approval of Wiring. No person or corporation carrying current for electric heat, light or power in the city shall connect its system or furnish current for electrical purposes to any building on any premises which have not been inspected and approved by the electrical inspector. Any person or corporation shall, upon written notice from the electrical inspector to do so, immediately disconnect such building or premises from its source of .current. Sec. 11-9. Temporary Electrical Work. Temporary electrical work shall mean work that is obviously installed for the convenience of a contractor or builder during construction. Such work shall be the complete responsibility of whoever installs it and shall require the inspector's approval prior to being used. Sec. 11-10. Services. (A) All residential service entrances in and upon residential buildings within the city shall be of a class known as rigid or intermediate metal conduit or non-metallic, except as herein provided. If non-metallic conduit is used it shall be of the schedule 80 class. (B) The minimum height of the service lateral shall be twelve (12) feet above the ground or grade line. The masthead shall be above this height. (C) Services on ranch -type buildings where a service entrance goes through the roof must be not less than two inch rigid steel and extended above the roof not less than thirty- six (36) inches complete with service head and thirty-six (36) inches of wire extending from the service head. Pipe is to be secured on the wall with two hole straps or an equivalent and weatherproofed where it extends through the roof. (D) All service entrances for a commercial or industrial building shall be rigid metal conduit, except that portion of the service which is underground, which may be schedule 40 non-metallic conduit. ,?,fz 0 ance No. 82-3055 Page 5 (E) For installations in residential occupancies, all services shall not be smaller than one hundred (100) amperes. All occupancies over two thousand five hundred (2,500) square feet of floor space, including the basement but excluding the garage, shall be served with a minimum service size of two hundred (200) amperes. (F) All service entrance locations in the central business district shall be approved by the electrical inspector before installation. (G) Each building shall be served with a single set of service entrance conductors. The service conductors shall be properly protected through a single main disconnect, except a residential two family dwelling may have a main disconnect for each unit. (1) A structure is defined as any building surrounded on all sides by air and separated from any other building by 5 feet. (2) A firewall shall be a three hour wall under U.L. tests. This may serve as a separation between two or more buildings. Sec. 11-11. Conduit Work. Electrical equipment in or upon buildings within the city shall be of the class known as rigid metal conduit, intermediate metal conduit or electrical metallic tubing. a. Except where concealed in single-family structures or two-family structures, including their garages. b. Except in locations subject to corrosive action on metal. C. Except as provided in section 11-5(I)(f). Sec. 11-12. Other Wiring Methods. All wired systems not allowed by this Code may be reviewed by the Board for approval or disapproval. Approval or disapproval may be based on information presented to the Board in the form of plans and/or demonstrations and will be considered on a case-by- case basis. tQS Ordinance No. 82-3055 Page 6 Secs. 11-13--11-23. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec. 11-24. Penalty for Violation of Code. Any person who installs, alters, repairs, maintains, improves or uses any electrical equipment or performs any electrical work in the city or causes the same to be done in violation of any of the provisions of this code shall be guilty of a misdemeanor punishable by a fine not exceeding one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days. Sec. 11-25. Powers and Duties of the Electrical Inspector. The electrical inspector shall have the right to enter upon any property during reasonable hours in the discharge of his/her official duties and shall have the authority to cause the disconnection of. any wiring or equipment where such wiring or equipment is dangerous to life or property or may interfere with the work of the fire department. The electrical inspector may inspect any and all electrical installations within the city. He/she may approve, condemn and order removed or remodeled and put in proper and safe condition for the prevention of fire and the safety of life all electrical heating and lighting apparatus, motors, machinery, fixtures and connections, electrical equipment used in the utilization of electrical current for light, heat or power purposes and to control the disposition and arrangements of the same. The electrical inspector shall not engage in the business of the sale, installation or maintenance of electrical equipment either directly or indirectly and shall have no financial interest in any firm engaged in such business in the City of Iowa City at any time while holding office. The electrical inspector shall be appointed by the city manager and shall be responsible to the building official for the enforcement of the electrical code and regulations of the city. 02.% 0 ance No. 82-3055 Page 7 Sec. 11-16. Electrical Board; Creation and Authority. There is hereby created an electrical board, referred to herein as "the board," which shall: (a) Periodically review the electrical code and make recommendations thereto to the city council. (b) Prepare and conduct written examinations and examine the qualifications of applicants for the licenses and certificates required by this code. (c) Suspend or revoke any of the licenses or certificates required by this code for due cause, as provided herein. (d) Act as a board of appeals to hear grievances arising from a decision of the electrical inspector and to provide for reasonable interpretations consistent with the provisions of this code. (e) Act as a board of appeals to approve or disapprove wiring systems not specifically addressed in this code. Sec. 11-27. Appeals. Any person. affected by any action, interpretation or notice issued by the electrical inspector with respect to this code may, in writing, appeal to the board for consideration in accordance with the procedures set forth in the Iowa City Administrative Code. Secs. 11-28--11-37. Reserved. ARTICLE III. LICENSES, CERTIFICATES, PERMITS AND INSPECTIONS Sec. 11-38. License Applications. Any person desiring to take an examination for a license required by this code shall make application to the Electrical Inspector. The application must be submitted 15 days prior to the test date. 42,7 Ordinance No. 82-3055 Page 8 The examination shall be practical and of such a nature as to uniformly test the capability of the _ applicants. It may be written or oral, or a combination thereof. The applicant shall demonstrate to the Board his/her qualifications for the particular license and show satisfactory knowledge of the methods and standards of the National Electrical Code, as adopted by the City. 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. Sec. 11-39. License Fees. The fees for examinations, licenses, and permits shall be established by resolution of council. 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 reinstatement fee. After the expiration of the aforementioned sixty-day period, no license or certificate shall be renewed except upon recommendation of the board. Sec. 11-41. Required License with the City. No person shall install, alter, maintain or repair any electrical equipment unless such person shall have first obtained a master electrician's license. [Holders of] master electricians' licenses granted by the city prior to passage of this code shall be issued a new license without taking the examination provided. Before a person- can apply for a master electrician's license, he/she must carry a journeyman's license for one year. Either a licensed master or journeyman electrician shall be on the job at all times while electrical work is in progress. 0 lance No. 82-3055 Page 9 The provisions of this section shall not apply to: (a) The personnel of the traffic engineering division of the City of Iowa City or persons who work for a public utility company, telephone or telegraph company, nor to persons performing electrical work as an integral part of the plant used by such company in rendering its duly authorized service to the public. (b) A regular employee of any railroad who does electrical work only as a part of that employment. (c) The service or maintenance of warm air heating equipment provided that such work or maintenance shall only include electrical work on electrical equipment that is part of such warm air heating equipment. Such work shall include the connection of warm air heating equipment to an existing individual branch circuit. Sec. 11-42. Master Electrician's License. Whenever a master electrician's license is issued, it shall be in the name of the person who has qualified for it. No license shall be issued in the name of a firm or corporation. In the event all licensed electricians terminate employment with a firm or corporation, the firm or corporation shall not be permitted to do any further electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be completed. A master electrician who terminates his/her association with a firm or corporation shall notify the electrical inspector imemdiately. Sec. 11-43. Master Electrician's Insurance. Each master electrician or the firm or corporation employing a master electrician doing work under this chapter shall furnish the city electrical inspector with a copy of a certificate of insurance stating the liability amounts of one hundred thousand dollars ($100,000.00) property damage and three hundred thousand dollars ($300,000.00) bodily injury and a completed products provision. The City of Iowa City shall be an added insured. The City of Iowa City, Iowa, shall be notified thirty 02 % Ordinance No. 82-3055 Page 10 (30) days in advance of the termination of the policy by the insured or insurer. Sec. 11-44. Journeyman's License. Before a person can apply for a journeyman's license, he/she must have a minimum of one year experience as an apprentice. Sec. 11-45. Maintenace Electrician's Certificate; When Required. A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a state of repair the existing electrical equipment within a building, or group of buildings. A maintenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examination given by the board. Any person holding a maintenance electrician's certificate issued by the city prior to passage of this code shall be reissued renewals of his/her certificate without taking the examination hereinafter provided. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. Each maintenance electrician performing work under this section shall keep an accurate record for the electrical inspector, all work performed in each building and shall, in the first days of January, April, July and October of each year, file a statement with the electrical inspector the work performed during the preceding three (3) months. Such statement shall be made under oath. Sec. 11-46. Restricted Electrician's License. A restricted electrician's license shall specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of work specified on the license. 3d 0 ance No. 82-3055 Page 11 Sec. 11-47. Permits Required. No person shall perform any electrical work nor install electrical equipment in or upon any building or property without first securing a permit therefor. Sec. 11-48. Issuance. Permits shall be issued in the name of the person holding an active master electrician's license and the name of the firm he/she represents. All applications for electrical permits shall be signed by the licensed master electrician. Sec. 11-49. Permits Nontransferable; Exceptions. Permits are not transferable: Electrical work which requires permits must be done by the master electrician, his/her partnership or corporation. In order to apply for an electrical permit, the master electrician must have on file with the Electrical Inspector a certificate of insurance which indicates that the electrician, his/her partnership, corporation, or employer carries liability insurance in an amount approved by the City. The City or Electrical Board may verify that a master electrician is employed by a particular corporation and that there'is in effect liability insurance which meets the City's requirements. Sec. 11-50. Revocation of Permit; Expiration of Permit; Renewal Fee. Any permit required by the provisions of this code may be revoked by the electrical inspector upon the violation of any provision of this code. Every permit issued under the provisions of this code shall expire if the work authorized by such permit is not commenced within one hundred twenty (120) days from the date of issuance of such permit or if the work authorized by such permit is suspended or abandoned for a period of one hundred twenty days. Sec. 11-51. Double Fee for Failure to Obtain Permit Before Starting Work. 31 Ordinance No. 82-3055 Page 12 Except in emergency situations, as determined by the electrical inspector, where work is started by any person prior to obtaining a permit, the fees for such work shall be doubled. The payment of such doubled fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. No additional permits shall be issued to any person in violation of this section prior to the payment of the double fee. Sec. 11-52. Home Owners Exempt from License Requirements. In cases where an owner -occupant of a single-family dwelling desires to install electrical equipment or perform any electrical work in his/her single family structure, he/she may appear before the electrical inspector and show that he/she is competent to do the specific work. After such showing, he/she may obtain an electrical permit by paying the proper fee. Sec. 11-53. Inspections. It shall be the duty of the person doing electrical work to notify the electrical inspector that said work is ready for inspection. The electrical inspector shall, without undue delay, perform the required inspection and, if the work complies with the provisions of this code, post an inspection notice on or near the work approved. Said notice shall contain the date and results of such inspection. Work that has no notice attached shall be considered unapproved. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. No electrical work shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. The electrical inspector shall have the authority to remove or cause the removal of lath, plaster, boarding or other obstruction which may prevent the proper inspection of wires or electrical equipment at the permittee's expense. 3'V7- Oi 3nce No. 82-3055 Payer 13 When an electrical contractor is notified that defects exist, he/she shall make corrections within thirty (30) days after notification. If the corrections are not made, the electrical contractor shall not be issued any other permits until said defects are corrected and approval given by the electrical inspector. SECTION III. REPEALER. All ordinances and parts of ordinances to 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 13th day of April, 1982. YR ATTEST: CITY CLERK Received & Approved By The Legal Department 4 0 2 It was moved by Lynch , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: First consideration Vote for passage: ABSENT: BALMER DICKSON x ERDAHL LYNCH MCDONALD NEUHAUSER PERRET xxxxxxxxxxxxxx Second consideration XXXXXxxxxxxxxx Vote for passage: Date published 4/21/82 Moved by Lynch, seconded by Perret, that the rule requir- ing ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Erdahl. M3Y—,- CITY Or -F IOW/-\ CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA SS JOHNSON COUNTY CITY (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3055 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of April , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 21st day of April , 19 82 . Dated at Iowa City, Iowa, this 11th day of 19 82 MARIAN K. KARR, DEPUTY CITY CLERK Printers fee $ 2 / CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto ajti,a,che-d_, was published in said paper C]1� timelsl, on the fol- lowllig^datelsl. a. i9� - 3oSS /7Y i OFFICIAL PUB LICAI ION ORDINANCE ND. 82-3055 AN ORDINANCE AMEMOING THE MUNICIPAL CODE OF IONA'M CM. IA, BY ADOPTING THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS MNP AMENDMENTS THERETO; REPEALING CHAPTER ll, ARTICLE NO I, ARTICLE 11 AARTICLE III OF TME MUNICIPAL CODE OF LONA CITY, IONA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF. T ENACTED By THE CITY COUNCIL OF THE CITY OF Vn 1. pt t 1YUNYUSt. The purpose Of this Ordi Nance a 981 Edition of the Nati, Al Arical Code published by the National Fire fiction Association, COa ly referred to as the '.conal Electrical COM" wit11 certain additions examinants thereto to provide for the Action of the health, welfare, am safety of Citizens of IONA City, Ime.. SECTION ll. AMENDMENT. Chapter 'll, Article 1, 1�� A—^ r c e and r tele ill of the COO, of Ordinances of the City of Iowa City is hereby deleted and the following new Chapter 11, Article Cashier 1, Article 11, and Article 111 is hereby substituted therefore; Subscribed and s;�Z7 re me this f�.9 day of A. D. Notary Public No. 145Z5169-1 Chapter 11 ELECTRICITY ARTICLE 1. IN GENERAL Sec. 11-1. Short title. this chapter, aha all previsions incorporated herein by reference or otherwise, shall M knoA1 as the Electrical COM, Hey be cited as such am will be referred to herein as swfi. and As "this eases.• Where the Municipal Code of the Oity of Iowa City is the tublect of reference in .this chapter, it will be referred to herein as"Iowa .ty ahnieipel C1- s Sec. 11-2. Scope. The provisions of this code shall apply to the electrical conductors ark eouipMent installed within or on public. and private structures antl preMises; also the coeductors that connect the installations to a supply of electricity and other Outside ecaducters adjacent to the presises; also Nmi-le or Manufactured Nodes used for hu OccMpancy within law City. Additions, alterattoAA aed repairs to existing electrical eOuipaent shall Maly with the previsions of this code. Sec; 11-l. Oifinitions. For purposes of this cede, the following definitions shall apply; Electrical Port: Shall Mean all Nes, i Mtallations, alterations, repairs,reAroVols, raplaceMents, connections, disconnections aR0 minteOance, of all electrical equipNOt. I Sec. 11-4. Adoption of a National Elactricel COM. SubJ"t to the follawiag awanMaats, the 39Q Natimal Electrical Code is MraNy adopted. Sat. 13-s. amemarms to lie Case. (1) yts to the 'atfReul Electrical t0ode(aassfollows): (A) Point (4) feet frog an Mallebe storethan four ( Outlet when masured horizontally slag t1u floor or counter line. (B) Ba Ment Lighting Fixtures. In all types of occupantles except industrial, one pereanent lighting fixture shall be provided for each two hundred (200) square fast of floor arca. Stairway lighting shall not be includes Men calculating than mguiW otter Of fixtures for the gross floor am of Mseaeets or tel hare. (C) Stairway lighting shall M located so that suirtreass shall never be smaowed by a Person using haw. The 11ght fissure shall be 1ncaW at the top and the gottee of the stain and any Pert am. (D) Electrically controlled hooting M14 shall he wl,illed by a sellers" citwit . Mch a properly fused switch at the Reading unit All Meting units shell M properly omesed- All han the =1 'miring. ait ll esarta111c reset - or flwlble astallic ttiug. (E) All circuits shall be continuous by carr other than attacheent te the devices. (F) All types of flexible eetallic pond it ed ere conduit Met and Citingany be usM be it sap into concaaled places or Mem subject to vibrations or on light drops. A oaxiWe length of flexible MGI coaauit of seventy-two (72) imms say be exposed. WMd flexible eetel condult is uses, a grounding connector of owl Current carrying capacity to the largest current -carrying conductor shall M installed, awe be fastened to ted fixture and/or box. This shall M done with the appropriate screw Mich is colored green. (1) The following sections of the national Electric COM are WletM: (A) The notes to Tables 310-16 through ll are awarded by deleting note 93 dealing with tbrerwi re, single phase residential service. (B). Article 333 In its entirety. (C) Article 6DO-4 dealing with lilting reol eents for signs. Sat. 11-6. Nova Buildings. Structures mvw intoor within the city tall Comply with the provisions of this Code for ear structures. Sec. 11-7. Existing Buildings If an existing Wilding is deeaged by fire, or PyM}wiser or altered in 4 tanner to requim the replacesent of fifty (51)) Darctirt or were of the wiring and related equiyaent the entire building shall be wide Ed confom to the requirewents of this COW for new but lot Ms. Sec. 11-8. Furnishing Curmnt Prior to Approval of Wiring. No person or corporation carrying current for electric het, light or power in the city shall ciumct Its system br furnish current for electrical purpo n Eo any Wilding an any Pmt *w Mich have net Mep ilosecW and aPP1 wad by the OFFICIAL PUBUCATIQN electrical inspector. Any person Or corporation shall, upon written notice front the electrical inspector W W so, isaediately disconnect such Wilding or practises froa its source of current. Sac. 11-9. Teeporary Electrical Writ lexporary electrical work shall octan wort that is Obviously installed for the convenience of a contractor or builder during construction. Lich work shallbe the coeplete responsibility of whoever installs It and shall require ted inspector's approval prior to being used. Sac. 11-10. Services (A) , All residential service entrances in and Wah residential buildings within the city shall Ae a aclass intent as rigid or intereedlate eetal Canduit or romaasallic, except es hemi, provided. IT tion-tatelitc conduit is used it shall be of Man scMsule BO class. (6) The alnico height of Ehe service laWyal shall be twelve (12) East aWve the, ground or grade line. The inthead Mall M atom this height. (C) Servicn on ranch -type Wilding, when, a service "trams goes through the roof amt be not less than tend inch rigid steel and extended above the roof not less tun th1Wy- s1x (36) inches tonelete with service heed and thirty -site (36) 1nchas of him sateMity fm Inn service Mad. Pipe is b M secured M the Pell with tea hol• straps or an pal val alit ate reetMnpredTed wars It aftdeds tNaugh Use Mi. (0) All servta wtrehoa for a comercial w Industrial Wilding Sall be rigid��tta�1 "• codL it. except that portion of the m2ta Wo is underoroiate, with any be scheWlb 40 nor itallic contexts. (E) For installations in residential xcW lee, all tarvtws shall net be taller tree and hnteeb (100) agases. All occupancies aver two thousand itm Wnhdryd (2,500) sgrhe feet of floor space, Including the Msetaet swot excluding the garage, shall be served with a -ninRe service size of two hundred (200) aepnirs. , (F) All service entrance locations in the Casual Wsiness district shall M approved by the electrical inspector before installations. (6) Each Wilding shall be served vi th a s1 le set of service entrance conductors. The service conductors Mall be properly pre through a single win disconnect as a residential two fwily dwelling way. MW e win dieconnect for each unit. (1) A structure is defined as any building urrouhteM on all sides by air and separated fron and other building by 5 feet. (2) A firevall shall be a three hour mil oyer U.L. tests. This way serve as a separation between two or sore buildings. Sec. 11-11, Conduit shirk. Electrical equipmot in or upon buildings within the city shall be of the class known as rigid Retail conduit, intersediase instal Conduit or electrical tatallic tubing. a. Except where concealed in single-fwily structures or two-feeily structures, including Usti, garages. b. Except in locations subject to Ctemntm Action on instal _ C. Except as provided in section 11-50)(/). �cI e(. 01� 9o5S '-q P, Sec. 11-12. Other Wiring Methods. All vi red systws not allornd by Mid Cosa my M revleved by the Board for approval or disapproval, Approval or disapproval my be lased on infwaation Presented to the Board in the form of plane and/as desonst rat i one and rill be cons i oem, on a cawby- cam basis. Sacs. 11-13--11-IJ. Reserved. ' ARTICLE 11. ADMINISTRATION AND ENFORCEMM Sec. 11-24. Penalty for Violation of Code. Any person hep instills, alters, mpaire, wintains, improms or uses any electrical seuipnent Or performs any electrical iters in the City or causes the sante to he deed in violation of my of the provisions of this code shall be guilty Of a Nisdweanor punishable by a it" Out exceeding dee hundred dollars ($300.00) or isprimleant rot Reaeedip thirty (30) days. Sacpowers ash Wtiw of the Electrical lapctor. The electrical inspector shall hive the right W "Lie Won any property during reasonable hours in the discharge of his/her official duties and shall hem EW authority to cause the disconnection of Rey wiring or equipeent where such wiring o muipeent is dangerous to life or property or my indartere with the work Of the fire departeent. The electrical inspector my inspect any and all electrical installations within the city. Re/Mia me and approve, condwh and order moved or metalled proper and safe Condition for the prseantion Of tiro and the safety of life all electrical Mating and "119ntitg separates, onion, "Chlnery, fixtures and coneacti,us, electrical aguipmnt used in the utilization of electrical current for light, nut or power purposes ape W control ted disposition and arrangeoems, of the same. TM electrical inspector Mall not engage in the Mel ass of the sale, installation or wintertime -telectrical eWipeent either directly 0 indirectly and Mall Mm ne fiWmial internal; in any fen engaged in such business in Into City of I oo City at any it- Mile holding office. Tha electrical inspector shall be appointed by the c1 tanager and snail be respoosible to ted WI ding official for to enforcement of ted alactrical coed and regulation of ted city. Sec. 31-16. Electrical Board; Creative Read Authority. Them is hereby created an electrical Hard, referred to heroin as `the Ward," Mich shall: (a) Periodically mview the electrical coed and take rcC000endati0m thereto te ted city couno i 1. (b) Prepare and cdrteuct written exaalhations and exeeine the (Nulifications of Applicants for the licenses awe certificates resuired by this code. OFFICIAL PUBLICATION (c) Suspend or revoke any of the licenses or certificates required by this code for due cause, as provided Ni (d) Act as a bard of appeals to bear grievances arising from a disc fsfon of the electrical inspector and to provide for reasonable Interpretations consistent with the provisions of this code. (e) Apt as a board Of appeals to sppr0ee or disapprove wiring system not specifically Addressed In this code. Sec. 11-27. Appeals. Any Person affected by any action, Interoretation or notice issued by the electrical inspector with respect to this code my, in writing, appeal to the Ward for consideration in accordance with the procedures set forth in the Iowa City Admihistrative Code. .. Secs. 11-21 1Y1L Reserved. ARTICLE 111. LICENSES, CERTIFICATES, PERMITS AND INSPECTIONS Sac. II -M8 License. Applications. Any Person desiring to take an examination for a license repaired by this code shall make Application to the Electrical Inctor. The a"liatfon dust be submitted 15 dayior to the y pr best ate. 1 Ten examination shall be practical:aM of such a nature as t0uniformly test the capability of the 'a"licants. It may be written or oral, or a goemi inti on EMreof. TN app icant shall demonstrate to the Board his/her ctilifiCaticis for this, Darti cular 11 c'eN! am shhoove satisfactory knowledge of the "thuds and standards of the National Electrical Come, as adopted by ted City. If an applicant falls to "ss an examination me/she my apply for re-examination at the aid of six (6) months and upon payment of another examination fee. Sm. 11.39. License I"$. The fees for examinations, licenses. And Permits shall de established by resolution of counci 1. Sec. 11-40. License Expiration and Removal All licenses shall expire M January I of each year. Any license that has expired my he reinstated within sixty (60) buys after the expiration date upon paymant of a reinstaGment fee. After the expiration of the aforementioned sixty-day Period, no license or certificate shall be renewed except upon ecomendatfon of the Ward. Sec. 13-41. Required Licance with the City. No person shill install, filter, wintain me feeair any .e lectrical muipeent unless such Perk" eMll Mea first obtained a "star el.ctricien', license. anted bbyMNercity] pNarato "66411f, Ofs"isccoodessMll be issued a nest license without taking the exeei"ttol' Invest Cad. Before a person can apply for a "star electrician's license, he/sed at carry A. joureeyean's license tar One year. Either A licensed "star Or lwrmy"n electriciam small be on Use jab at all tim, while electrical work is in progress. The provisions of this section shall Not apply to: (a) The Pers"NeI of the traffic enginmering division of the City of Ina City or Person hip work for A public utility cpmpany, telephone or telegraph canary. Our ta persoM performing electrical work as, an integral part of the plant used by such company in rendering its duly authorized service te ted Public. ommal (b) electgular rical works only Addyee Of A railroad part of that' amployeent. (c) The service or "intenance of were air heating wufp"nt Provided that such work of "I ntapence she 11 only include elNtri cal wort. An electrical wulleent that is "rt of suck were air posting equipment. Such work shell include ted connection of wan air beatiggqqqq Cita an existing individual Dra circuit.rcuit. Sac. 11-42. Master Eloctrician's License. rlemser a water electrician's license is issuedr'i' it $Mil be in the Nast of the Person who hep qualified for it. No license shill be issued in tha.ii new of a firm. or corporation. .a In the event all licensed electricians Umin 'x eeploymant with a fire or corporatios, time fin nae: corporation small not Be Permitted W do sy' further electri"1 work, except that work tend they electrical iNPeceits tor, be Completed. Ation DI'l "stas'l3 electrician who terminates his/haw association .lilts a fire or corporation small Notify the electrical A inspector iwaiately. Sm. 11-43. Master Electrician's Insurance Each water electrician or the fire or corporatim ' employing a "star electrician doing work" Nis chapter shill furnish this city electrfca r inspector withA coq " of a certificate of fnsureo stat'" the liability counts of One hundred' thousand dollars ($100,000.00) property damge, aha three hundred thousand dollars (5300,000.00) bodily Injury and a completed products provision. TMG City of lows City shill M an added insured. The, w City of low, city. Iwo, shall " Notified thirty (30) days in advance Of the terefnation Of the', policy by the insured or Insurer. Sec. 11-44. Jouraywan's License. Before a person can epplY for a journeyman's license, ne/she must have a minimum of One year model rfenice as An apprentice. Sec. 11-45. maintenance Elactriciai's Certificate; whin Required. A minfe"rwe electrician's certificate still be required of any Person who is a regular employee of A manufacWrin, or industrial establisheent, Nes media electrical work for that establisMent only, aha haw mintsins And keeps in a state Of repair ted existing al ectri cal awn geent wf thin • Wilding, a group of buildings. A matntimace electrician's Certificate SM11 W issued to amp ge"Oh Nilesshall satisfacterily Paas tM wami"tion given" ret tbythe he board. Areen holding & ly p da. god -3 eoS 34Y 1K OFFICIAL PUBLICATION electrician's certificate issued by the city prior An passage of this code SM11 be reissued renewals of his/her certificate without taking Lire examination hereinafter provided. The installation of any New or additional electrical WWnt of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. :. Each maintenance electrician Performing work under this section ANTI keep an accurate'record for the electrical inspector,, all work performd in each k, Wilding and shall, in the first days of January, �. April, July and October of each year, file a t statemnt Nth the electrical inspector the work performed dining the preceding three (3) months. Each state"nt still i ha made under both. Sac. 11-", Restricted E)ectrician's License. ' A restricted electrician's license shall specify -. the types of electrical work which my de performed by the licensee. T" licensee ad, per fore Only the type of work specified on the 1 icense. Sec. 11-41. Permits Required. NNO person shall any electrical work n or Bn install electrical aluipmant in 0r cPen Any 'Wtlatrep r property without first securing putt tMreor. iBac. I1-48. Issuance. d hermits shall N Issued In the nam of the person #. holding ad attics master electrician's license aha the nom" of the' firm he/sed represents. All ampllcatfons row electrlcel permits shall W siphed E by the licensed "s ter el ectr f cl an, y r Sad. 11-49. Permits Nent ransferable; Exceptions. hreiis ire not transferable: Electrical work Mich rewires Dfrolt, wast be done by the master t electrician, his/her "rtiNrshkp or corporation. In order to apply for an electrical Permit, the pester electrician must Mve on file with ted I- Electrical Inspector a certificate of insurance which indicates that the electrician, his/her Partnership, corporation, or eployer Carries liability insurance in an amount approved by the City. The City or Electrical Board may verify that a pester electrician is employed by a particular der"ration and that there izr n effect liability insurance sTtCh aceta the City'sraqulrements. Sa-30.55' 1f7- f Sec. 11-50.. Revocation of Penh; EApi ration "f Panit: Renewal fee. Arty penit raduired by the pnvisi"I of Nis cone nay Us revosw by the electrical inspector upon the violation of airy provision of this code. Every penit issued under the provision Of.,ahis code shall mp,M if the work authorized bV i" O penit is Out cOrced within on hundred ty�eALY (120) days fro"the date of issuance of SUch pint or if the work authorized by such penit is suspended or abandoned for a period of one hundred twenty days. Sec. 11-51. Double Gee for failure to Obtain Perait BeforeStarting Werk:.__" Except in eserifeuy situation, as dete*ined by the electrical inspector, Man work is atartetl by MO' person prior w obtaining a pernit, the teas fear such work shall be doubled. IM peysent of such doubled fee shall not relieve any persons free fully cdpplying with the relu,reeents of this code In the ekecution of the work nor floe any ether penalties prescribed herein. additional pennits shall bap issued W violation f this Section pripir to the in perpant Of the double fee. Sac. 11-52. Nut Owoes EAeaDt free LiCense peytreeents. In cases where an OwereccupaK of a stip l rfani ly earl iiia des, res N install electrical eouipaent or perfore any electrical heyshewopaY iappear his/her before the ,ably st,.cure, electrical inspecwr and lose thet M/she is cdepecant ta do the specific work. After such ,howl, he/she my obtain an electrical omit by paying tbe proper fee Sac. 11-51. Inspections. It shall be the duty Of the person doing electrical weers woK tis notify natb•t forelectrical in ti do s Ther that said electrical inapectar shall, without i nduhe wricoapliesithe vith ragYirr inspectiof Loiat on and, LM pmisi on s code,d. Said nbtict icI. One e on or rear the wort app shall Contain the date and results of 'lull 5nspection. WK Net nes re utile attached jM71 co be ns iheretl uMppru I 1u A reinspection f0� n be assessed for taco npection or rains t Man sato portio of wore for Mich inspection is called is cat coapleca or when co tions called for are Out pada. Na electrical work shall M concealed in any canner trop acd as or roved by^ill� such electrical Us inspector lhepeccad end ape - The electrical Inspector sMll Mvt the authority to reenra or cause the masse., Of law, plaster, aoaMtrgnsr otter of`wrevenet the tnaton which or electrical adeipaeK proper pe at the "Mittea's akpenu. Ylien an electrical coatracter is notified.tnat Ni KYs exi (10)t days naftarInal l roti liCarrec^tan)sfrINthe corrections an put t a e. telectrical contrjctar shall not be issued my ether pentts vetil said defects are carrected slid approval gine by the electrical inapactOr. CTION III. REPEALER. All ordinances aM parts " o narcas n con list with the provision of Nis ordireue are hereby rapealod. SE ION IV. SEVERABILITY07 . If ally section. Wvjpxtl^to rbep invalid orMuunnstitutloro ,l Seth 'JWicatiu shall net affect the validityfor Ordinance as a whole or any section, provision adjudged invalid or uuOnti- peK thereof Out tuNonal. SECTION V. EffECTIVE JMTEuI Wessels. approve'na" Ee—in all act j g rr Publication u repuired by law. Passed and approved this 17th day of April, 1982 AITEST:- A4rB� ORDINANCE NO. 82-3056 ORDINANCE AMENDING SECTION 4-17 OF CHAPTER 4 OF THE AIRPORT ORDINANCE OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amendment Ts to permit Airport Commissioners who are originally appointed to fill vacancies for unexpired terms on the Airport Commission to be re- appointed for a full six year term if three years or less remain in the unexpired term to which the Commissioner was originally appointed. SECTION II. AMENDMENT. Section 4-17 is hereby amended by adding thereto the following: Provided, however, that a Commissioner originally appointed to fill an unexpired term with three years or less remaining may be re- appointed to one full six year term. 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 13th day of April, 1982. a i-.,, c. A)n, �w ,6 MA R ATTEST: CITY CLERK By 71he Las Cecc.; n: 8 8z 33 It was moved by Perret , and seconded by McDonald , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxx Vote for passage: Date published 4/21/82 Moved by Perret, seconded by McDonald, that the rule requiring ordinances to be considereed and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed by suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. Absent: Erdahl. jy- CITY CIVIC CENTER 01- 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY OW/-\ CITY IOWA CIN, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No.s�_�n�F which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of April , 19 82, all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 1S day of April , 19 82 Dated at Iowa City, Iowa, this 11th day of May , 19--8Z. MARI N K. KARR, DEPUTY CITY CLERK Printers fee $_9 97 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at.ached, was published in said paper $ _ timelsl, on the fol- io g datelsl: =2 I� Cashier Subscribed and swo n to bef re me this ko.X�a day of�A.D. Notary Public a `4 JINIr� OFFICIAL PUBLICATION ORDINANCE NO. 82-3056 ORDINANCE AMENDING SECTION 4-17 OF CHAPTER a OF TNt AIRPORT ORDINANCE OF THE CODE OF ORDIWNCES OF IMA CITY, IMA. SECTION 1. POAPOSE. This Purpose of this a andent Is11 n"Part Cnemisaloners no are originally appointed tp fill vacancies for E unexpired tans on the Airport Commission to be re- appointed for a fyII six year ten if three years or A. less remain in the unexpired ten to which the Coewi ss i oner vas originally appointed. gECTIOX Il. ARNOMENT. Section 4-11 is hereby se DY ng t rete the fol lout ng: Provided, however, that a Commissioner originally appointed to fill en unexpired tern with Area years or less regia fining nay be re- appointed to one full six year ten. SECTION III. REPEALER. All ordinances and parts of Mid.— I Ionilict Yith the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. if any section, pronemn or pirt R the Ordinance snail be adjudged to be Invalid or unconstitutional, such ajudication shall not affect, toe validity of the Ordinance as a whole or any section, provision Or Part thereof not adjudged Invalid or unconsti- tutional. — SECTION V. EFFECTIVE E. "is Ordinance shall 6e n f: ec a r sNTnal passage, approval enc publication as required by law. Paa sed and approved this 13th day of April, 1982. -1hA&L1.1 �IAEI�C•m1�A•� n�1AtMFYvVm� ATTEST: CITY CLLM April 21. 1982 ; r ORDINANCE NO. 82-39057 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM M2 TO C2. Be it ordained by the City Council of the City of Iowa City, Iowa: SECTION I. That the property described below is hereby reclassified from its present classification of M2 to C2, and the boundaries of the C2 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Lot One (1) in Part I of Southgate Addition to the City of Iowa City, Iowa, and the easterly 60 feet of Lot Two (2) in Part I of Southgate Addition to the City of Iowa City, Iowa. As requested by Country Kitchen - Wayne Wessels. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage of publication as provided by law. SECTION . 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall Fe in effect after its final passage, approval and publication as required by law. Passed and approved this 27th day of April, 1982. YOR ATTEST: 74. y f A �7�� Received & Approved CITY CLERK By The Legal Department _, 3s It was moved by Balmer , and seconded by Lynch that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 3/30/82 Vote for passage: yes: Perret,a mer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Second consideration 4/13/82 Vote for passage:Ayes:Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Erdhal. Date published 3G CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWr-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3057 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day ofPJ2 198_, all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 5th day of May , 19--82_. Dated at Iowa City, Iowa, this 23rd day of ,tune 19 82 . MARIAN K. KARR, DEPUTY CITY CLERK jq Printers fee $ & CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ��ii1.� ftime(s), on the fol- l'v 'ng date(s): 7% Cashier Subscribed and sworn to before me this day of, A. D. I9 , Notary Public es JUN"Y�yK(♦ P ORDINANCE M0. 82-3051 F AMENCIMG TME 20NIK ORDINAN[EBY CHANGING REGULATIONS OF CERTAIN PROPERTY FROM M2 TO by the City Council of the City of SiC11iM1'i: That the property 4escrlpeE pelw is here y r—etlassified from its present classification Of M2 to C2, and the lioundaries of the C2 on, o, indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the fo"Oving property, to-wic Lot One (1) in Part 1 of Southgate Addition to the City of Iowa city. Iowa. and the easterly 60 feet of tat Iwo (2) ci'n Part 1 of Soutlgate Add.,ion to the ty of Iowa city. Iowa. As requested by Country Kitchen - wYne Wessels. SECTION II. The Building Inspeltor is heresy autTand directed to change [he surfing map el the"City of Iowa City, Iowa, to conform to this ..nt upon the final passage, approval and p0f42ation of this ordinance as provided by law. SEC ON TIL. The City pert is hemby autthrited an rK ed to certify a copy of [nis ordinance W th C,=' Recorder of Johnson Coolly. Iowa, upon I f i sage of publication as Drovioed by wag. 5 CTION REPEALER. Ali ordinances AN parts of 0 indMla n Cpnfli[[ with the provision of [nis ordinance are hereby repealed. SECTIW IV. SEVERABILITY. If awry Section, prova on pr part p til! Ordi.11a Shall be dd)Udgld - be invalid or uncdnst,lutlona). SUCK ajudsc+t ion zhall not affect the validity or the Ordinance as a whole or any section, provision or Dart thereof not adjudged invalid or bnconsti- tutional. SECTION V. EFFECTIVE DATE: This Ordinance SN11 te act a ter' is incl Passage, ipprova) and o„err {0{'ff_ — midi id nr 1w. P.S,a odd approved this 27th day of 4pri1, J9y2. ATTEST: ALi..E� Llel„ May 5, 1982 ORDINANCE NO. 82-3058 AN ORDINANCE AMENDING CHAPTER 9.1 OF THE CODE OF ORDINANCES OF IOWA CITY TO PROVIDE FOR THE PUBLIC AND PRIVATE USE OF CITY PLAZA, ESTABLISHING REGULATIONS GOVERNING SUCH USE, AND PRESCRIBING PERMIT AND LEASE PROCEDURES FOR SUCH USE. SECTION 1. PURPOSE. The purpose of this ordinance is to amend Chapter 9.1 of the Code of Ordinances by deleting Chapter 9.1 and enacting a new chapter in lieu thereof. SECTION 2. AMENDMENT. Chapter 9.1 of the Code of Ordinances is hereby deleted and the following new Chapter 9.1 is hereby substituted. SECTION 3. INTENT. 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; B. Providing the opportunity for creative, colorful, pedestrian -focused 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 storefronts and the development of compatible and well- designed elements within Zone 1; E. Controlling the use of vehicles and bicycles in City Plaza. The intent of the City Plaza Use Regulations is that private development within City Plaza is to be permitted sparingly and only for those proposals that meet the objectives stated above. It is not to be considered a "use by right." SECTION 4. DEFINITIONS. Ambulatory Vendor An individual selling goods or service�le moving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart or kiosk, and with a minimum of equipment, e.g., balloons, portrait artist. -37 Orumance No. 82-3058 Page 2 Audio Ambience - A localized use of sound intended to create a pleasant, relaxing atmosphere. City Plaza - That area of City property 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 Block 82 alley between Burlington Street and College Street. Kiosk - A small structure that is stationary, and can be either 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. Mobile Vendor - Operator of mobile vending cart. Permanent Structure - Any structure erected for a year-round use. Seasonal Construction - Any structure erected for a seasonal or temporary activity and which is removed from the Plaza in off-season. SECTION 5. DESCRIPTION OF MALL ZONES. A. Zone 1 - The ten (10) feet strip directly abutting 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 landscaped areas, the areas with street furniture and features, and other areas as specified on map. C. Zone 3 - The emergency/service lane. The Zones are illustrated in the attached City Plaza Map. This map can be amended from time to time as necessary by Resolution. SECTION 6. BICYCLE REGULATIONS. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless LW Ordinance No. 82-3058 Page 3 located in a bicycle rack. Any violation of this Section shall be a simple misdemeanor. SECTION 7. 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 operation of motor vehicles within City Plaza may be issued by the City Manager or his/her designee upon application according to the following conditions: 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. 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. C. A service vehicle operated by the City of Iowa City may operate within City Plaza without a permit when performing necessary maintenance requiring the use of the vehicle. Any violation of this Section shall be a simple misdemeanor. SECTION 8. ANIMAL REGULATIONS. Notwithstanding the provisions of any other City Ordinance, no person shall take, accompany, or allow any animal into City Plaza. This provision shall not apply to a seeing eye dog being used to assist a blind person. Any violation of this Section shall be a simple misdemeanor. SECTION 9. USE OF CITY PLAZA. A. Permitted Uses: Permitted uses include those listed below. Other uses consistent with the purposes stated in Section 1 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 2 areas which are already 37 Ord! :e No. 82-3058 Page 4 leased for other purposes e.g., mobile vending carts may not approach patrons seated in a sidewalk cafe. _ 1. 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, 2). 4. Stairways to basements. Pursuant to Chapter 104A of the Code of Iowa, stair- ways 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 l). 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. Privately -owned kiosks (Zone 2). B. Landscaping (Zones 1 and 2). 9. Arts and crafts sales of hand -made articles by an organized guild, association, or club on an occasional basis (Zone 1, 2). 10. Sales or exhibits by individual artists or artisans, and food vending on a temporary basis for special events (Zone 1, 2, 3). Zone 3 users must be totally ambulatory. 11. Events of an educational or entertainment nature (Zones 1, 2, 3). Zone 3 users must be totally ambulatory. B. Usable Area 1. Zone 1 - Permits may be issued for any part of Zone 1. Building extensions shall only be allowed where, in the sole judgement of the City Council, such extensions enhance the quality of City Plaza. yLo Or( nce No. 82-3058 Page 5 2. Zone 2 - The usable areas are as shown on the attached Plaza Diagrams. 3. 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 con- dition upon termination of the permit and provide a bond or escrow account in an amount determined by the City. 4. Zone 3 - The area is to be used only for ambulatory vendors with its primary purpose to be maintained as an emergency/service lane. C. Da s and Hours of 0 eration: Kiosks and bui dings extended onto 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, mainte- nance 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 All Ori nce No. 82-3058 Page 6 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 from the City shall automatically revoke the permit or lease. The City Manager may waive the insurance requirements for any casual and/or temporary sales activity, or for any cultural or entertainment activity as he/she deems appropriate. 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 in the permit, or the permit approval shall automatically expire. Permanent kiosks and building extensions shall be completed and in operation within such reasonable time as set in the permit as provided in Section 11(a). G. Maintenance: The applicant is responsible for maintaining the area within and in proximity to his/her 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 -necessary 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 in good condition by the applicant. H. Illumination: Nighttime interior illumina- tion of all building front and basement extensions, display window extensions, base- ment stair wells, and kiosks is required during hours of operation. I. Newspaper Vending Machines: The City will make available, ata reasonable cost, space in the City -owned newspaper dispenser units on City Plaza. In the case of more applications than available space, a selection procedure that is deemed fair, reasonable, and appropriate by the City shall be established. �z Or_..._nce No. 82-3058 Page 7 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 10. CITY PLAZA USE PERMITS. A. Mobile Vendors: Specific locations have been designated within the boundaries of City Plaza for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at one (1) or two (2) designated locations. The vendor may sell in transit if a .customer request is made, provided the primary trade shall be conducted at one of the designated locations. All lease applications for mobile vendor operations must be received at least four weeks before the proposed start of the lease. 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 conditions have or will be met: An authorized designated mobile vending location is available which will not interfere with the operation of an existing mobile vendor, the general use of City Plaza, and free movement within the emergency/service lane. 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right-of-way, and in or out of retail establishments fronting on the Plaza. 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. The applicant's permit may be revoked if these specified locations are not used. . 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. A13 Or ince No. 82-3058 Page 8 5. The applicant shall store the vending cart off the City Plaza 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. The City reserves the right to revoke a permit as it deems necessary. B. Ambulator 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:' All applications for ambulatory vendor operations must be received at least five days before the proposed start of operations. 1. The applicant will operate without the use of a mobile vending cart, and with a minimum of equipment. 2. The applicant's proposed mode of operation will neither impede the free flow of pedestrian traffic along the City Plaza right-of-way, nor shall it interfere with such pedestrian movement into or 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. For all other events, an application for the use of City Plaza must be received at least ten days before the start of the event. 4�K Ordinance No. 82-3058 Page 9 D. Permanent and Temporary Structures. The City Manager, upon approval of City Council, may enter into an agreement for the sale or 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 or sale shall only be entered into after careful consideration and assurance that the following conditions have or will be met. 1. Building Design: a. Additions to buildings shall be harmonious in scale and design 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 components 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. 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 shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept. �S Ort- .__ice No. 82-3058 Page 10 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 express in scale and in proportion 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. Additional Criteria; a. The Design Review Committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this ordinance. Such criteria shall become effective only when adopted by the City Council by resolution. b. No building permit for the construction of any temporary or permanent structure, or for any building extension, to be constructed 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, Tp- Or",,,..nce No. 82-3058 Page 11 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 affirmative vote of five (5) members of the City Council to constitute 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 11. 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 Manager. 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 be subject to the same review and approval criteria as new applications. o(17 Ord ce No. 82-3058 Page 12 SECTION 12. FEES. A fee, if applicable, shall be paid within 10 days of the granting of the.City Plaza use permit and before the permitted activity begins. 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. Failure to provide the applicable payment as specified in any lease agreement within 10 days of the prescribed time will result in a revocation of the lease and permit. SECTION 13. RENEWAL AND TERMINATION. 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. B. Other permits for specific locations are for one year, then 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. 0. Upon revocation or termination of any permit, the permittee shall be responsible for removing the structure and restoring the permit area to its condition prior to the issuance of the permit. SECTION 14. RELATIONSHIP TO OTHER ORDINANCES. If any provision of this Ordinance conflicts with any provision of other Ordinances, the more restrictive shall apply. SECTION 15. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged 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 unconstitu- tional. SECTION 16. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 27th day of April, 1982. On ice No. 82-3058 Page 13 MAYFJ ATTEST:, TY CLERK R e WO pepWad ad int. Tf c U 0 Wmhi.gt St GUY c J For illustrative purposes only. The official City Plaza map is available in the City Clerk's office. It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER Y_ DICKSON y_ ERDAHL x LYNCH x MCDONALD _x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxx Vote for passage: Date published 5/10/82 Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspend- ed, the first and second consideration and vote be waived and the ordinance be voted upon for final pass- age at this time. Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. S/ CITY OF 10\&A CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY )) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No._82_3058 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of April , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 10thday of May , 19 82 Dated at Iowa City, Iowa, this 23rd day of Bina , 1g=__82- '3 8P. MARIAN K. KARR, DEPUTY CITY CLERK �qq a_8 Printers fee $0 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,Be: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att�JEed, was published in said paper time(s), on the fol- lowing datelsl: Cashier Subscribed and sworn to before me Chi/�s///,t/��./s�ay of� A.D. l a /- • � No. AC:� OFFICIAL PUBLICATION ORDINANCE N0. 82-3058 AN ORDINANCE AMENDINQ CHAPTER 9.1 Of THE CODE OE ORDINANCES OF IOWA CITY 10 PROVIDE FINE THE PUBLIC AND PRIVATE USE OF CITY MELVA, ESTABLISHING REGULATIONS GOVERNING SUCH USE, AND PRESCRIBING PERMIT AND LEASE PROCEDURES FOR SUCH USE ' SECTION I. PURPOSE. The purpose of this Ordinance s . aftr, chaaptair 9.1 of the Cade of Ordinances by deleting Chapter 9.1 and enacting a new chapter in lieu thereof. SECTION 2. AMENDMENT. Chapter 9.1 of the rade of ' nalMes s re y deleted and the following new Chapter 9.1 1s hereby sVbati tutee. SECTION 3. INTEIIT. It is the intent of Nis nancU�T-elate the use of City Plaza in order to proal the public interest by: A. Making City Plaza an active and attractive pedestrian environment; 8. Providing the opportunity for creative, colorful, pedestrian -f z.sed commercial and cultural activities on a day/night, year- rouM, aha seasonal pasts; SECTION 6. BICYCLE REGIILV IDMS. No person shall a bicycle within y lata. No bicycles uhall be left watteMed witlife City Plaza unless located in a bicycle rack. Any violation of this Section shall be a simple risdeneanor SECTION Z. MOTOR VEHICLE REGULATIONS. Except as Otherwise Rivionided ber,in, no to, vehicles, except emergency vehicles, shall be Operated within the limits of City Plaza without a Permit. A permit for the operation of motor vehicles fthin City Plaza may be issued by the City Manager or his/her designee upon application according to the following conditions: A. Any business located On property which does not otherwise abut A public right -of -ray other than City Plaza may M granted a continuing permit upon a showing that such is say, to Provide for the delicery of gcods to 0 fro. the business. Such Permit shall allow the presence of the vehicle within the Plaza only during active loading aha unloading. a. Any individual may De granted a temporary permit upon a sMwfrg that the placement or operation of a motor vehicle upon City Plaza for a specified, limited period at time is never ary C A service vehicle operated by the City of Iowa City may operate within City Plaza NenouL a C. Encouraging commercial activities which add permit when performing Necessary maintenance interest, chem, vitality, diversity, aha good requiring the use of the vehicle. Design to City Plaza; Any violation of this Section shall be a simple ,-ourEncouraging the upgraii, of store -fronts and mi sdemanor. opment of compatible and well- SECTION 8. ANIMAL REGULATIONS. Notwithstanding 'designed el events within Zone 1; 1 [ prow ssors of any o er City Ordineace, no Controlling the use of vehicles and bicycles' person shall tate, accompany, or a)law any animal r Ln City Plaza. I into. City Plaza. This provision shall not apply to The intent of the City Plaza Use Regulatlons •s a seeing eye dog Wing used ro assist a blind that private leve TOM within City Plaza is to be - person. permitted sparingly aha Orly for those proposals . that meet the objectives stated above. It is not to Afry violation of this Section small be a simptg. be dusidered a "use by right." misMramr SECTION a. DEFINITION $. SECTION 9. USE Of CITY PLAZA. t Ambulator VeMar - An individual selling goods or A. PernItted Uses' Permitted uses 'zIA e t sery ols h e mvIN through Zones 1, 2 and 3 and TTCt'ed -e1 Other uses plamis[e. with t Operating without the use of a mobile vending cart purposes stated in Section 1 may be permitted Air kiosk, and with a Iininum of equipment, il.gl, if specificallyapproved. When a mobile or balloons. Portrait artist. temporary use is allowed. it is uMerstend io Ambience -'A Iocalixed use of sound intended that this authorization dome. not extent to red e a D easant, relaxing atmosphere. Zone I or Low 2 areas which are already City �P�laz�a - That area of City property as tending leased for other purposes e.g., mobile vending (nmol tI northern right-of-way"to the spu[nern carts may not approach patrons mated in a right-of-way line of College Street fr. the sidewalk cafe. eastern right-of-way line of Clinton Street to the .turn right -m -way line of LiM Street; and extending from the western right-of-way line to the easter, rigbt-of-way line of Dubuque Street from the southern right-of-way Time of Washington street to the northern right -of -ray line of the Black p2 alley between Burlington Street and College Street. Miask - A small structure that is stationary, also can 6e either permanent or seasonal in nature. tlbdscapin. - Live plant material used strictly for an ornamental or ecological purpose. Mobile VeMin Cart - AnlommotorixM structure on wheels that is_easily moved aha is used for vending. Mobile Vendor - Operator of mobile venting cart. Permanent Structure - Any structure erected for a year-round use. Seas nal Construction - Awry structure erected for a .dean. or vary activity and which is removed fru the Plaza in off-season. SECTION 5. DESCRIPTION Of MALL ZONES. A. Zone I - The ten (10) feet strip directly mfg the private property lines. Zue I extends the length of the City Plaza along all sides of the Plaza. B. Zone 2 - the six (6) foot pedestrian )ane, ming ZAN, I n each side, the TaMscapeo the areas with street furniture AM features, aha other areas as specified on map. C. Zone 33 - The emergency/service lane.. The Zones are illustrates in the attached City Plaza Map. This map can be amended frau time to time as Necessary by Resolution. B 1. Ambulatory vendors, e.g., balloons or portraits (Zone I, 2, 3). .. Mobile verdin. carts for food. flowers/ plants.n impopers/ magazines, etc. (Zone 2). 3. Sidewalk cafe (Zone 1, 2), 4. Stairways to basements. Pursuant to Chapter 104A of the Code of Iowa, stair- ways shall only be permitted when the business on the basement level has an alternate entrance which makes it acce,- hole to the handicapped or otherwise complies with State lav (Zone IT 5. Display wino. Oxides i ons (Zane 1). fi. Bei)of ng front aha/or badmia t extensions, provided the use of the extensionI, the same as the store activity (2me 1). Z. Privately -owned kiosks (Zone 2). 8. Landscaping (Zones I and 2). 9. Arts and crafts rales of hani-al articles by an organized guild. ssociatlon, or club on an codes, ... I oasis (Zone 1, 2). 10. 'ales or exhibits by individual artists artisans, and food vending temporary basis for spatial events (?A.e 1, 2, 3). Zone 3 users most be totally ambulatory. 11. Events of an educational or entertainment nature (Zones 1, 2, 3). Zone 3 users must be totally ambulatory. Usable Area 1; Zone I - Permits may be issued for any pa�Eof Zone 1. Building A.Masidlm shall only He allowed where, in [ha ole judgement of the City Gaunsil, WON extensions enhance the Quality of City Plaza. j. Zone 2 - The usable areas are as Ind. oa the attached Plaza Diagram. B. Plaza landscaping may be modified or FF remved.td.a limited extent; if the net ' effect enhances the am0ience of the City Plaza aha if approved as poet of the permit application. The applicant i such cases must agree to restart the Plaza landscaping to its original can di[ion Von termination of the peMlt and provide a born or escrow account in an Amount deternirlra by toe City. LOL.- Me area is to be used only for tory vendors with its primary < to be maintained as an /service lane. Ind osk �Neurs / o atf On: City phos, are to be apps at hast during normal retail business hulas, amaday throl"p Saturday, throughout the year. Sidewlt Cafw es, seasonal stuff" and mbfte carts Iraq operate seasonally, but most At least be in operation substantially during normal retail business hours. Monday through Saturday. May I o October 1. Other months of operation nay. de granted by permit for seasonal isuiosks relatedam volatile call' when the o another season, Mise Control Any request for the oer of summit mvTTmspecifically aoprowad and may M permitted only if it will encourage rt the old ambience within the City Plaza, I. time protecting the general public from an over dad, VDjoem. or type of sauna that is dtaturtil" dr inappropriate for a pedestrian Orem. 1 urance a d Indennificatiole The applicant s agree o n mes y. defend and save harmless CM City or Idea City, its agents, offic ma and lo eel, from AM again' ts claim,, em Ouges, losses am expense, 'n any staerf, resulting Iron. d,,I,N Wt Of R connected with the construction, use, mainte- nance or removal of any structure, can or wise. the applicant sha)I at all it., rance in the alilnimuse Amount oof liability S300.00for narwhal jcaries, and 550.000 for property passage pe art sing out Of the Permitted oration_ The Applicant shall file, in the office of the CitClerk, a copy of the liability in,ol. miicy executed by a company authorized o ass insurance business in the state of Iowa In is fore approved by the City Clerk, she policy shall further provide thirty (a0) days notice of cancellation or material change to the City Clarksuch cancellation or Change nth t written approval from the City shell auoastical ly revoke the permit ori Tax, City Manager may waive the insurance requirements for any.usual and/or tamponry saes activity. or for any CJ1 Wrd1 Of Mtertain-M act,V sty dee re/. M ns appropriate. Performance Time Limits. sidewalk cares, uasona k ds s a - i1. warning cart, must stin of the Wration art date provided for in sixty bt heperai3 0 the bewail approval shall mmossaf IY mallei Pereannl kiosks and budding extensions ,hall to completed and in operation within s ed ♦eamonable ti- as set in the permit pro load in section 11(a) 'Maintenance: The applicant is respMsible or M—InTaT-(n �g the area within and In Prodmlty to his/her location in A clean and nazartlree Clslrcle of tent 1011eet�from taany ateecon oacepled by the applicant supplementary trash containers mustbe provided it considered necessary and spK1find in the lease Or permit All 11"Spaping .provided by the -PPI icant and the exterior Of ail structures, kis[, and carts cost be maintained in good condrti.n py the applicant. x. 11 Wninatio¢ Nighttime interior illaii M' t o a 1 puildia front and basement ounesorm. aiylay r naawtosevi,if n,. di sed e- yM, stair N11 s. aid I during hmrs.of cpeetfm. 1. News er vessel whims: TM City will M.Tv avd !, a a rtMgneb`�W<f. u ;K! in t& CIt,,d lmw,pNer ticatiots on City Plaza. In the case of Mort app trio available soavea selection ProtestProtestantI that 1, deemed aiqreas00eble, M expropriate by the City sMllOff e11a411,hed. .1. CMstruction Cosb: All costs or construction struction are Ld el-paiasy the app�ottne CI[ Plata caused or theaconntruction y 9CTION 10. CITY PLAZA 1i PERMITS. X tee Vendors: Specific locations nave been t'gdafM ,within the bou ries of City plaza for the operetlM of mCi It verning carts. Each mbile vending permit shell carry with It the authorization to operate at one (1) or two (^) designatif ed a Customer ed lts req&atr isYmadesell provided the primary trade shall be conducted at one of the designated locations. All lease applications or mopile vendor Operations most de received at least four weeks before the proposed start or the INse. The City Manager or his/her appointed designee may issue a permit to operate a tubi le vemdir" art in the public right -df -way of City plaza after careful consideration and assurante that the following conditions have or will be net 1 location is available ewnicnl stillnet eaisHng meEil< the Operation that unseed use of City Plata. and tree movement Within the l M,garkyvs,N,cd Ian. $_ the applicant's proposed mode ov operation Will not iapeM 1M free flow of pedestrian traffic along the City Plata rigM-of-way, and in of out of retail establishments fronting oh the Plaza. 3. The applicant agrees to oosell his/her "wins, Mly within the boundaries of City plaza and only at designated -oil- vending locations dr in transit between them. The applicant's permit may be revoked if these Ioeclfim ioeatiom are not used. m. The dimensions of the AM? fatal va as cart shell not ¢acted a site. of four (a) feet wide by eight (8) feet ION by six (6) feet nigh. 5. The applicant shall store the vanding cart f the Pit— Mail! shat 11 describethe Provisions ) onsfor atonege )n the Permit application. 6. The applicant has Obtained all necessary permits required by the Johnson County ,,ertmnt of Health. she set. or assignment bf a mobile evading permit for City Plata is expressly prohibited. IM city Mserres tee right to remake a permit s it hens nettssary. AObul ass rs The City' sMan.ager or h s er appo n d designee may 's uv permit for the purpows of ambulatory mantling in the Public rightof-May of City plata after careful COMt&ration Of the applicant's proposed business, and as ...— that the following conditions have I Ill bra set all applications for ambulate, vendor operations must be received at least five days before the proposed start of operations. 1. The applicant wdl .,berate ntnout the use of a mobile vamirg ort, and wit" a minimum of equipment. 2. LM applicant's VIODgled mode Of operatiM will neither impede the I. fidw of pedestrian traffic along the CRY vlua ivt-of-way. -r shell 'it interfere with such peowtrfan movement into a out of retell e,labilshmants fr.nting on the Plaza. 3. vi,min pylic will conduct the composite, p comp lately Y within of City Plata. t. }nee apps scant has obtained all necessary pewits required by the Johnson County Department of Health. The sale or assi9nnent of in ambulatory ending .permit for City plaza is aid t,,Iy prohibited. far all other events, an application foe the e at City Plata Must de received at latest ten days before Lve start of the event. Pe -dant and 1 ra Aructures. the City eager, upon rova o tY ound 1, may enter into en agreemnt for the sale or lease of public right-of-way in the City Plaza for EM CM,tructlon Of a pertnmment structure at a site d,ilu aped for a kiosk .r as d additiol W an existiM store front, or for the temporary or sea I., me PI ton I by the se or We shell rator foal bel aInterreal lntm atter careful contideration dad is.ratre that the following conditions have or will be met. 1 Budding Oosipn: a. Adoitians to build[",' shall pe harmonious In scale ala design with permanent nigMoring slriatures and with the City plata. u. ".,fall snail be suitable for the style and design of buildings In which they are used. I. Materials which are architecturally harmonious shell be used for it building wells and other exterior pudding components wholly or partly visible from public ways. d. Selection of materials shell W guided by the fol I -IN (1) Harmony With ad)otning buildings; ' (2) Relationship to the price and wood theme of City Plaza (3) Materials shall to of durable quality e. building Components - such as windows, doors, eaves, and parapets - shall nave gpod proportions and relationship o One another. f Colors shall W selected for tnlr horny and/or ability td compliment the color scheme of the City Plata. g. Mechanical equipment or other utility hardware on roof, ground or Eui,dings shell be screwed trap Public view with materials harmonious ritb the bus lair", car shall be located 10 as Mt imp uv -visible from any public ways. h Exterior lighting shell be. part at the architectural con.. ..'. I lxtures, standee", and meadved Kemuorles - pall be harmonious mal th building &sf9n. sides: e. At' signs ,nal? he part of the a,vfzaCLOra1 toncep«.KIM site, color, letterlre. rra,mvi shall be harmonious With the building design. and shalt on compatible with signs on ad)oininqildings, bu p. Materials ed in signs shall Mve Rodd arcnitecurrsl character and be her-lrious With building design aM the materiels used in the City Plaza. c. Every sign snail express in scale and in proportion an appropriate visual re latlonship to buildings and surroundfn9s. d. Colors shell & used h.r i"sl) and with restraint E!Clasive Orightnear the Orillant colon shall be avoided. Lighting ,net) be harmonious with the design. , 11 external spot lighting is used. It. spall be arranged so that the lipbt source is shielded from view: ). Additional Criteria; I a. The Design Review Committee may, free it- to 0-- rornulate additional &sign criteria for the of browsed constructl00 pursuant tothis ordinance. Seth cri aria snail become of I'Llve only when adopted by the City Council by resolution. d, ho building Memit for `the (sonsteuetion of /ay ttnporaW '01 W,,, t s1rostye, for any building ixo One mon tructea plpswo t to , the, ordinance, aMI1 pe issued uvtil plans for said destruction pave &en reviewed by iM deo gn Review Committee mdel �'ad Y CW -/1. TMY. i.ig/sign "l View Committee shell thdin thirty (30) days of recei '. it said plans, revierthe "tans and advl'e approval, approval with coiNRiomdir . (Moe vu q��*s. city In I iccu...,maga^u the pplical If the Design IM i Committee ".ends approval With CMditione, It shall quire tun affirmative mate If five (5) member of the Ciifouncil to constitute city C.Onc d: approval pursuant tO this sttoonnllers such cxMlt.n. are ML: amp' if the Oeslgo Review Committee matimm ds olsapproval. it small flgpiref the affirmative vote of it" (s) memCers of ltM City Council Lx•cMsttole CitX, Count it approval pheasant to this aadtion. C. In cases where there may be more than one application for a particular location, or tme 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 sane procedure and be subject to the same view and approval criteria as new applications. SE TION 12.' LEES. A fee, if applicable, shall be pa w M n days of the granting of the City Plaaa use pereit and before the pmmitted activity begins. The City Councit spall PeriodicallY review and revise, as appropriate, by Resolution, fees for the lease of property and for the issuance of permits authorized herein Failure to provide the Applicable payment as specified in any lease agreement witnin IO days of the prescribed time will result in a revocation of the lease and Whit. SECTION 13. RENEWAL AM TERMINATION. A. Permits fpr penturent construction shall be for the term specified in tie lease agreement. or until terminated or revoked by the City Manager pursuant to the lease agreement. B, other permits fur specific locations are for one year, then renewable autonat ical ly for one additional year, provided the permittee operated at least three (3) months during the first year C. Permits Are nontransferable. Leases nay be assigned or sublet only upon prior written Approval of the City ChUMii D. Upon revocation or termination of any Permit. this permittee shall be responsible for rewevbg the structure and restoring the pereit area to its c.iti.n Drier to the issuance of the pereit. ACTION 14. RELAi10NSHIP ID OTHER GTC.OfMINANCES. If 7 In yrceisli000 of other Ordinances. the morec restrictive shall apply ACTION 15 SEVERA8'L"Y. If any section, pror or -parr-'7—E)ie Ordinance snail be ad- judpM to be invalid or unconstitutional, such ad- judication shall not affect the validity of the Ordinance as a whole or any section, provision ar part thereof not adjudged invalid or untonstitu- tional SECFIOM 16 EFFECTIVE DATE. This ordinance shall 6'T effeo� teiisiTl passage, approval antl publication As regu{red by law. Passed andapproved this 27tn day of April. 1982. ordinance An. 8,-3"58 Page 13 1 �iflaJA� ate_ R ATTEST: E��ITCLEAw'F%� May 10, 1982 SttTION 11. APPtICi1TIDM MOCEOMES. ••, - �/ .� A. In order b OWN a Peieit Wrs��ltlltt Co,ter, tie 401scant sMi11*4' an awl i,fol arith m city "NNzr'y0!'m*N&r eithe designee. In order to be consia" application, end bttachaents, shall Wastain sufficient infogtUon to fully delarmilla the intent of tie Wllcant. and to ifnure full Compliance Alio'this Ordinance.. Tie City for Manager 5bali,a{`,ablinh the regufnemenls • applicatiattk l., and snail establish the procedures 119lteview of all applications. B. prior to tie- Issuauce of any pereit or autherizAti PVf any lease Mich Includes the UnstructiAo of any 1provements. the design of such ihprovements shall be suphitted to the Design Review Committee for revive. The Design Review Corittee shall review the plans _. submitted, and shall rake A written reconaendation to the City Manager. C. In cases where there may be more than one application for a particular location, or tme 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 sane procedure and be subject to the same view and approval criteria as new applications. SE TION 12.' LEES. A fee, if applicable, shall be pa w M n days of the granting of the City Plaaa use pereit and before the pmmitted activity begins. The City Councit spall PeriodicallY review and revise, as appropriate, by Resolution, fees for the lease of property and for the issuance of permits authorized herein Failure to provide the Applicable payment as specified in any lease agreement witnin IO days of the prescribed time will result in a revocation of the lease and Whit. SECTION 13. RENEWAL AM TERMINATION. A. Permits fpr penturent construction shall be for the term specified in tie lease agreement. or until terminated or revoked by the City Manager pursuant to the lease agreement. B, other permits fur specific locations are for one year, then renewable autonat ical ly for one additional year, provided the permittee operated at least three (3) months during the first year C. Permits Are nontransferable. Leases nay be assigned or sublet only upon prior written Approval of the City ChUMii D. Upon revocation or termination of any Permit. this permittee shall be responsible for rewevbg the structure and restoring the pereit area to its c.iti.n Drier to the issuance of the pereit. ACTION 14. RELAi10NSHIP ID OTHER GTC.OfMINANCES. If 7 In yrceisli000 of other Ordinances. the morec restrictive shall apply ACTION 15 SEVERA8'L"Y. If any section, pror or -parr-'7—E)ie Ordinance snail be ad- judpM to be invalid or unconstitutional, such ad- judication shall not affect the validity of the Ordinance as a whole or any section, provision ar part thereof not adjudged invalid or untonstitu- tional SECFIOM 16 EFFECTIVE DATE. This ordinance shall 6'T effeo� teiisiTl passage, approval antl publication As regu{red by law. Passed andapproved this 27tn day of April. 1982. ordinance An. 8,-3"58 Page 13 1 �iflaJA� ate_ R ATTEST: E��ITCLEAw'F%� May 10, 1982 ORDINANCE NO. 82-33059 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY. SECTION I. PURPOSE. The purpose of this ordinance Ts to amend Section 23-189 of the Municipal Code of Iowa City so as to reflect changes in the speed limit of First Avenue between Bradford Drive and U.S. Highway 6 as determined by engineering studies conducted by the City's Traffic Engineering Division. SECTION II. AMENDMENT. A portion of Section 23- 189 shall now read as follows: First Avenue 25 From the intersection of Bradford Drive south to the intersection of U.S. Highway 6. 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after --its passage, approval and publication as required by law. Passed and approved this 27th day of April, 1982. I._. . MIOR CITY CLERK �t'�-a'�i'vL'Cd t1t ,R'3•J?3i�La Dy 130 LcTal OppartmFnf :JJz1 Bz M It was moved by Balmer , and seconded by Perret , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: First consideration Vote for passage: xxxxxxxxxxxxxxx Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published May 5, 1982 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspend- ed, the first and second consideration and vote be waived and the ordinance be voted upon for final pass- age at this time. Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. do CITY OF CHIC CENFER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY )) 0\&A CITY IOWA CITY, IOWA 52240 (319) 356-5030 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3059 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of April , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 5th day of May , 19 82 Dated at Iowa City, Iowa, this 23rd day of June , 19 82 . MARIAN K. KARR, DEPUTY CITY CLERK 10 Printers fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto atthe , was published in said paper time(s), on the fol- low' g datelsl: Cashier Subscribed and sworn to before me this C d y of/w� A.D. It� Notary Public No. P ta' JUiig�� OFFICIAL PUBLICATION sv ,: SOROIMAMOE NO 62-3359 AN 0 1M4ttf AMENDING SECTION 23-189 Of TNF WINIPAG CODE Of IOWA CITv. SECTION I PURPOSE. ihe purpose o1 Niz ordf nonce s toi�ale t,6t 23-189 0( N,e�' nisi Dal Code of iieI of first Avenue Avenue hattiews,`�hAredfu a Drive and u. S.(Jit Ohony 6 as EetansinM by engil.vr1, atual, conddctad by the City's Traffic Engineering Df vi stoA. SECTION 11. MEXDMENi. A portio, of section 23- s a now rea as oflws. • Flrttt Avenue 26 Erdal the intersRltfof BradTdrd Orive southh to the intersett len•o/'U..6. highway 6. SECTION Ijj. REPEALER. Alt ordlnanceshand parts OT e r s n con Itst vi th the provision ur this OMinu¢e are hereby repealed. SECTION IV. SEVERABILITY- If anysaction, prow s 0n or par o the Ordinance shall be adjudged to be invalid or unconstitutional, such , ajudication shall let affect the validity of, Ordinance Ordinance as a whole or any section, provision or' R�i1 part thereof not adjudged invalid or unconstl- tuI ipna 1. .. SECTION V. EFFECTIVE DATE. This ordinance shall e ne K a ter s nal passage, approval and pub I icati on as rdgui red by law. Passed and approved this 27th day of Apr, 1, 1;82 'UU C.VA111t4 ATTEST. .-M7ay 5, 1982 ORDINANCE NO. 82-3060 ORDINANCE AMENDING CHAPTER 31 BY ADDING SECTION 31-10 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amendment is to prohibit certain surface materials in the area between the traveled or paved area of the street right-of-way and the abutting private property line. SECTION II. AMENDMENTS. A. Chapter 31 of the Code of Ordinances is hereby amended by adding the following new section: Sec. 31-10. Prohibited surface materials in the area between the traveled or paved area of the street right-of-way and the abutting private property line. No person shall place or allow to be placed any loose rocks, stones, gravel, or similar loose substances as a surface material in the area between the traveled or paved area of the street right-of-way and the abutting property line. Where such prohibited surface materials currently exist, their use shall be discontinued and the materials removed on or before July 1, 1984. Each property owner in violation on the date of publication of this ordinance or thereafter shall be notified of such violation in accordance with the provisions of the Administrative Code, Chapter 2, Article IX. The Director of Public Works shall adopt administrative regulations which describe acceptable surface materials 'and establish policies and procedures for their placement and maintenance. 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 df/ Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 27th day of April, 1982. >M OR ATTEST: CITY CLERK' =550' It was moved by Lynch , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 3/30/82 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Second consideration 4/13/82 Vote for passage: Ayes: Dickson, Lynch, McDonald, Neuhauser, Balmer. Nays: Perret. Absent: Erdahl. Date published 5/5/82 Received & Agpacvcd By AT,he Legal DepaNmi en 3/7-3/8-t- 7 C� CITY OF 10\&A CITY CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY )) IOWA C17Y, IOWA 52240 (319) 356-500D I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3060 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of April , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 5th day of May , 19 82 . 19-82Dated at Iowa City, Iowa, this 23rd day of June , _. MARIAN K. KARR, DEPUTY CITY CLERK Printers fee $� CERTIFICATE OF PUBLICATION STATE F IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attUhed was published in said paper _(y_2X time(s), on the fol- io datelsl: ashier Subscribed and sworn to before me this CPOday of2VZ/ A.D. 19 Notary Public No. +1K1 W{'Iy� Of :ICTAL PUBLICATION ' � J ORDINANCE NO 82J0 a SEDT IONC II - Tofte TRE CODETER 41 By AME9 SE10 OMIMNCES OF THE Cirt Of IMA CITY, IMA. SECTION I PURPOSE. IN purpose Of this Alebdment rs Pro 1...['ruin surface saw"... io tow area alMthe traveled or Davao area or the street right-of-way and the aoottbq lariat, property line. SECTION IL AMENDMENTS. A. Chapter 31 of Low Code Of ehended by add in the foilovingasaw sect{oo�DY sec. 31-10. Oroh,b,te, surface'Kteri.1, in the area between the traveled or paved area mut or the street right-of-vaY and tM t ing private Droperty line. No person all place or allow to be placed s of any lads. rocs, atone.fxea Mtanal the O sebztaMef 4f e s r area between the travel.d ar paved area of the street ri9htOf-vaY and cne abetting property tine where suco prohit,itao "face materials - urtently east, LM�r. M shall be d1KOat inV.d And DM Not. reTdved on or befpne JV Iy I, 1984. tat rtY owner 1n -Of violation an t11e Date cation of this orDiMMe Or ['ere. De notified Of ,Von vl0latid0�p 1 e with one .V Cade, Chapter proArt cle di lb 2, Article IY. Too Director of-- As sMll adopt which deseripe adminfatratfa acceDMDle urface - and, establish policies aA or...dueh [hell placement and Raint.laac. \ i tart, ithetP'.00l SECT1un7 ;RERECOnflictALIR a o of :115 cldl Met. are han", r"0". SECTIO. IV SEVERABILITY. if arty sectio., the Ord(Mnce full be a0 or part 0 t8 De lmdi ba"Itutic'.1. such v'SaHpll snail n0 dire[. the ia]ld+ty of the -Noce 40 a -he;- U any 101y y provision or pan therepf not adlWged sll iEd or unconsci- taticnal. TION V. FRECii V[ OM Tp mance shill n of ec acar ' 1 p✓�♦as Aporoval and I Station as ed.1;99 1 - Add and approyE71,Et tMlf :11,' ayofof AAlFi.l. 1962. 1-J�b1-"v�� i :TTEST: Mar 5. 1992 ORDINANCE NO. 82-3061 ORDINANCE AMENDING SECTIONS 34-74 AND 34- _ 75 OF THE WEED CONTROL ORDINANCE OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA SECTION I. PURPOSE. The purpose of this amendment is to delete from the weed control ordinance the designation of newly developed areas as natural areas and to permit the assessment of costs for weed or grass control against the property for collection in the same manner as property tax. SECTION II. AMENDMENT. Section 34-74 Sub -paragraph (d) is hereby deleted from the Code of Ordinances. SECTION.III. AMENDMENT. Section 34-75 is hereby deleted from the Code of Ordinances and the following provision is substituted therefor: During the period between the fifteenth of June and the fifteenth of October it shall be the duty of the weed official to inspect all areas of complaint and notify the last known owner or person in possession of the area of violation of this article. Said notice shall be by certified mail and allow ten (10) days after mailing of said notice as a period of time to eliminate said viola- tions. Return receipt with signature is not required for said notice. Upon failure of the owner or person in possession or control to act within the prescribed time period, the City may perform the required action and assess costs against the property for collection in the same manner as a property tax. In the event that this action is taken, the weed official may obtain competitive bids to have the required action performed. I£ no bids are thus obtained, the City may have City personnel perform the required action at rates which shall be established by resolution of the City Council from time to time, which rates shall constitute costs to be assessed against the property as provided herein. In addition to the foregoing remedy and other remedies allowed by law, the weed official may file misdemeanor charges against such individuals. aV Ordinance No. 82-3061 Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABIILITY. 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. SECTION 1/I. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law.. Passed and approved this 27th day of April, 1982. ATTEST: �`� CITYY CLERK '�� It was moved by Balmer , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: First consideration Vote for passage: xxxxxxxxxxxxxxx Second consideration xxxxxxxxxxxxxxxx Vote for passage: Date published May 5, 1982 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. U CITY OF 10\&A CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82_3061 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of Aoril , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 5th day of May , 19 82 . Dated at Iowa City, Iowa, this 23rd day of June 19 82 . MART AN K. KARR, DEPUTY CITY CLERK Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attulied, was published in said paper time(s), on the fol- Ioyc}ng date(s), It Cashier Subscribed and sworn to before me this d y c, A. D. blit OFFICIAL PUBLICATION ORDINANCE NO. 82-304,I ORDIIAYtsll AWNING SECTIONS 34-14 AND,A-75LE "Nt WEED'CU/IIII, ORDIW t Of THE =E OF OROINNKELIM CtM?'tNA 01 SECTIDII~I M1Rpp5E. The Wroose cf this amendaw+r sT—fo deTeTe—irtw the . control ordlronce tw devgutlon of Awly developed areas as natural areas and tc Rmit the assessavaq,of "if (nr Need or grass control against tsq,. prwrty is, rot )"tion in the same mslmer as prrgerly to, SECTIr 11 ANENOtCNi. Sect(o� 34 14 Ord. nan1ce� s rely deleted from me Che : r M ITT ON 111 211ENT. Section N -A Is 'enemy ate non 0 e of Ordinances aM I, f-II-ing provision is substituted tnerefOr: During the Perim hatween tie 15tn o .Inn and the 15th Of Ottour it 1u I the duty of th, Naso official to 'nspect all areal of complaint, and."fy the last knoarn rimer or person in alshation Of the aM Of VIOlatIM of this arilele Said it,. lull u by cartifilld nil orad alias can (10) days after SAM, or said notice as a period o6 III. to alt mints laid violations. Radar, - — Ac-ipt with signature Is mb aaµtred for sa10 mttcw Upon failure Of Bon caner or person In possession dr, S,atral to act within to DAscripso tiepriod, the City may Perron the reoulredaction sal asstq costs against tha property fo• toll"tion in to dame hanur as a Obtain Y tam, i, the event thahave 'his "tion is taken, to head nllleial nay Obtain campetiti ve bids W have the ars,rectred "tion Pet" cit. If A bids are tall a NerfAd, tha city may have City perrates perfore thy ragOr KN ,,ps, at rNs- hhith lull y e 11 (shed yy resolution of to .", Council inch lime oo time. Mich rates shall constitute Costs vi ha assessed apai ns[ to prepm{y n Drovidad urei n. Ia addr t inn to sal (.repo'rp remedy aM at" remedies _ 'allowed by Nw, to weed off Trial may Elle misdenaror charges against such tuividwls. sEcilON IV REDERLER. All ordinances and parts r, ol n'Ton/1TcarcTt with to Pron>mn of tn„ ra ordinance are hereby repealed. SECTION V SEVERM ILITY. 11 any section, PrOv,s on N Dar o to Ordlnance lull be adjudged to as invalid or uhcdutitu,,.uI. yarn aj WlUtion full not affect tha validity of tM Ordlunta as a MOI- Or any s"tion, Provision Or part tharaof not adjudged invalid Or u"ons,,- Wtional. SECTION vl. E:fEO1VE DATE. This Ordinance shall M n e " .7[ er is nal passage. approval au PWHaatson al required Dy lw. passed and approved this 27th day of April, 1W, _VVlalu l I u,I � ATTEST: —CT1rTRRl� �� 7' Andy 5, 1981 ORDINANCE NO. 82-3062 ORDINANCE AMENDING THE ZONING ORDINANCE CHAPTER 8.10.35 OF THE CODE OF ORDINANCES TO INCLUDE PROVISIONS PERMITTING AWNING SIGNS IN COMMERCIAL ZONES. SECTION 1. PURPOSE. The purpose of this amendment is to permit the use of identification awning signs in commercial zones. SECTION 2. AMENDMENT. Section 8.10.35 of the Code of Ordinances is amended by the following: A. Section 8.10.35.1 is amended to include the following definition: B.l Awning Sign. A sign placed on the surface of an awning. The area of awning signs composed of any words or symbols printed directly on the surface of the awning shall be a total of the smallest trapezoids or hexagons which enclose each word or symbol. B. Section 8.10.35.7.6 is amended to include the following paragraph: 6. Identification awning signs not to exceed 25% of the surface of the awning shall be permitted. C. Section 8.10.35.8.8 is amended to include the following paragraph: 7. Identification awning signs not to exceed 25% of the surface of the awning shall be permitted. D. Section 8.10.35.9.B is amended to include the following paragraph: 7. Identification awning signs not to exceed 25% of the surface of the awning shall be permitted. E. Section 8.10.35.10.8 is amended to include the following paragraph: 6. Identification awning signs not to exceed 25% of the surface the awning shall be permitted. Ga Ordinance No. 82-3062 Page 2 Section 8.10.35.11.8 is amended to include the following paragraph: 9. Identification awning signs not to exceed 25% of the surface of the awning shall be permitted. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of May, 1982. M YOR ATTEST: CITY CLERK Received & Approver! By The Legal Department (0/ I ay It was moved by Balmer , and seconded by McDonald , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration xxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxx Vote for passage: Date published _ 5/19/82 Moved by Balmer, seconded by McDonald, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspend- ed, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. 602 CITY CSF IOWtA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C0CD STATE OF IOWA SS JOHNSON COUNTY ,I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. S2 -3n62 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of 2 May , 19 8, all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 19thday of May , 19 82• Dated at Iowa City, Iowa, this 23rd day of June 19 82 . Z? A- MARIAN K. KARR, DEPUTY CITY CLERK Printers feet' CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN 1, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto �ty,�che_d, was published in said paper SL time(s), on the fol- ing date(s): ja �Q97 Subscribed and sworn to before me lhisQ�%_�T day �./ A. D. 19 (XJ1 j- - /.//,^, / - Notary Public No. LC2(31607a 2!tD ■ ' OFFICIAL PUBLICATION - ORDINANCE N0. 82-3064 ORDINANCE WNOING THE ZONING ORDINANCE CHAPTER 8.10.35 OF THE CODE Or ORDI@a�t�� r0 INCLUDE I_ PROVISIONS PEWITIING AHNiIK S CO14ERCIAL M IDS. T SECTION 1 PORPoEE. The Durgse of, this a a,dAN,t s to pa"', se of Ident i ficat iOn tient ,p si8ns in coameercial tons. - SECIION 8 AMENDMENT. 5acl i on 8.10.35 of lNe Code of Uldln fs se aeurlded be the /ollwing: k Section 8.10.35.1 is agmed to include the foild.ing definition'.' 8,1 ANnhy sign. A sign Placed on to urfaFe of an aNininy, TM a 0f aNmng signs CONWIid of am Norris o s,abol, printed di rat tly on the surface of 11, vh,n all h a to, of the s. lest trapetOlds pr ne.agans Mill enclose utn .ord or syebdl. 8. SectidN{s .3p79 is ..ad to irRINde the fo graph. 6. IMntiflcation a.", signs not t0 e.ceed M of LM sureace of tie ..in, Shall ba Penitted. C. Section 8.10.35.8.8 is alMAfd to 1nc1,ul the f011oethip para9rapn: Identification a,mby signs not to need Zsl o/ the surf.. of to erring s nal: Ca pa%'ad. O. Seflion 0. Io. l5.9 6 Is aeerdl to include the f.11.1 Ag ......o'h: 3. Identification s a3ip signs not to fand 2n of the ace of the A.Ai, nn: be Penlitted. E. Section 8.10armed .35.:0.0 is Lo iMluae F e fo:lo.ing gragraph: 6. Identification .,, signs not to steed 05; Of tHe surface the a.ning hall De "Mitten. V. Section 8.10,35.11.8 Is aghded to i Mlude tM /011c.iiy paragragh: 9 IaentifiuHon aaNing signs not to seed 24 Of the surface d/ taani, h.o ll bre permitted. SECTION 3. REPEALER. Al: ordlnnes and Parts of naM�i[t Nim the D1o011cn of tms orain,bce are hereby regaled. —SEr EVERIf any section, DC - M. aSpathe Ordinance shall N aa3udged to be tnval to o onrtn ltutiol, such u0 a314410n shall not )ffelltle velidity 'ol the OrcinMf , NMI.,y�� r tion, Orovis ion or wart reol ,gfE+aadluagea invalid or Monet{ UunJl, SECTION 5. Fi FEC'IVEb .�,: TMA Ordinance shall De ,n el7e�t-n�i 1 rat ya ss.ge, aNro.al and pupl luticn e> 'ucul•M * Ir. „sed and epy 0.ed thi(iislthrill pf Nay, 198,. IT ATTEST. M May 19, 1982 ORDINANCE NO. 82-3063 ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN OF LOT 6, ASPEN LAKE SUBDIVISION, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. The preliminary and final Planned Area Development plan of Lot 6, Aspen Lake Subdivision, submitted by Mad Creek Development Corporation, is hereby approved, and described as follows: All of Lot 6, Aspen Lake Subdivision, Iowa City, Iowa, as shown on the recorded plat thereof, Johnson County Recorde'r's Office. SECTION 2. A variance approved as part of the Planned Area Development plan consists of a reduction of the 25 foot rear yard requirement along the West High School property. SECTION 3. This ordinance shall be in full force and effect when published by law. SECTION 4. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 8th day of June, 1982. C. gb.'4'4� YOR ATTEST: CITY CLERK Received & Approved By the Legal Department 663 It was moved by Balmer , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxx Vote for passage: Date published June 16, 1982 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Balmer, seconded by Lunch, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspend- ed, the first and second consideration and vote be waived and the ordinance be voted -upon for final pass- age at this time. Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Absent: None. CITY GF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY OW,� CITY IOWA CITY, IOWA 52240 (319) 356-5030 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3063 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of June , 1982 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 16th day of June , 19 82 . Dated at Iowa City, Iowa, this 9th day of Illy , 19_8Z• MA— RrAN K. KARR, DEPUTY CITY CLERK o� Printers fee $R CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hed, was published in said paper time(s), on the fol- IOWI date(s): / Subscribed and sworn to before me this TA� A. D. 1op - Z Notary Public i No. I asl--�' OFFICIAL PUBLICATION • ;� OADIMAMCE ND. 82-306] QRd*Wr APMV MO THE PRELIMINARYAND FINAL PLAIINED AREA DEVELOPMENT CLAN OP LOT 6, ASPEN LAKE StNIVISIDY, IOW CITY, IOW. ¢C CT ORDAINED BY THE CITY CWMCIL OF INA CITY, abA: i S N I. The prellpinRY YM final Planned Area - 1CtednbY TInt OevellopeentaCooSubdivison. had Creak rporati1s approved, aM described as follow: All of Lot 6. Aspen Lake Subdiv1140n, Iowa City, low, as shown on the recorded plat thereof, Johnson County RKorder's Oleffm FCT$ IdE.—D 2. A variance approved as part of the F an—lrea DtWlogent plan consists of a reduc[bn of the 25 foot rear yard reguiresent along the best Nigh School property. SECTION 3 This ordinance shall 6e in full force an a ec rMn publishM by lay. SECTION a. REPEALER. All ordinances and parts of OR 1 us n c�TTct rith the provision of this 6rdinare are Hereby rapwled. SECTION 5 SEVERABILITY. if a section. prow ss ons the Ordinance shall be adjudged to be n va Na or unwnsti Wtional, such ajudication shall not affeet'the validity of the Ordinance w a whole or any eacllon, 1""510A or part thereof not adjudged Invalid or YncOnsti WtiOMI. 5 CTIOM 6. ff EECTIVE DATE. This Drdinarce shall 6eT ! K—ESE al it. f(•MI pasoq, approval and publication as Muired by lae. rdaald and approved th'I Bth day of June, 1982 rfs3 RI .lutle 16, 19822 ORDINANCE NO. 82-3064 AN INTERIM ORDINANCE AMENDING CHAPTER 8. 10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, BY LIMITING CONSTRUCTION WITHIN A DESIGNATED AREA FOR A MAXIMUM PERIOD OF SIX MONTHS PENDING A DECISION TO REZONE ALL OR PART OF THE AREA. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to provide adequate time for consideration of the rezoning of all or part of the area hereinafter described. It will prevent construction of potential nonconforming uses that would be inconsistent with a decision to rezone all or part of the area consistent with the City's Comprehensive Plan as adopted or amended. SECTION 2. AMENDMENTS. Section 8.10.4 is hereby amended by adding the following section: D. In order to provide sufficient time for consideration of the rezoning of all or part of the area hereinafter described, building permits shall be issued only for such construction as would be permitted if the area were rezoned R3. The area affected by this interim ordinance is generally described as follows: Beginning at a point at the intersection of Johnson Street and Jefferson Street, proceed- ing easterly along Jefferson to a point at the intersection of Jefferson and Governor, thence southerly along Governor to Ralston Creek, thence easterly along Ralston Creek to Evans St. and continuing east approximately 160 feet along Ralston Creek to a point, thence south through S.M. Clark's Addition to Woodlawn, thence along the easterly lot line of Lot 1 of S.M. Clark's Addition, thence southerly along Muscatine to the intersection of Washington Street and Muscatine, thence south between Lots 3 and 7 of Fry's Subdivision, thence west along the alley on the northern lot line of Lot 3 J. & J.W. Clark's Addition, thence south through Lot 3 of J. &. J.W. Clark's Addition to College Street, thence south along the easterly lot line of Lot 9 and 25 J. & J.W. Clark's Addition to Burlington Street, thence south between Lots 2 and 3 of Kauffman's Addition, thence westerly between Lots 2 and 23 and 1 and 24 of Kauffman's Addition to Summit Street, thence south approximately 80 feet along Summit St., thence west through 6S Outlot 1, 29, 28 Original Town on an irregular line and as shown on said zoning map to the alley, thence south along the alley paralleling Dodge Street to the centerline of Bowery Street, thence west along Bowery Street to the alley parallel to Dodge Street between Dodge Street and Johnson Street through Block 7 Lyon's Second Addition, thence due north along said alley to the south right-of-way line of Court Street, thence west along said right-of-way and the northerly lot line of Lot 1 Lyon's Second Addition to the alley in Block 6 Original Town Lyons 2nd Addition, thence due north along a line through Outlot 26, Block 42, and Block 41 Original Town to the alley located in Block 41 Original Town, thence easterly along said alley to Johnson Street, thence.northerly along Johnson Street to the point of beginning. SECTION 3. The Building Official is hereby authorized to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION 4. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Records of Johnson County, Iowa, upon final passage, approval and publication as provided by law. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective upon publication and shall remain in effect for six months or until the enactment of an ordinance to rezone all or part of the area above described, whichever is sooner. Passed and adopted this 22nd day of June, 1982. VI. 1. �LikkamAia M OR ATTEST: CITY CLERK G4 It was moved by Balmer , and seconded by Perret , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER _37— DICKSON x EROAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxx Vote for passage: Date published 6/26/82 Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and 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: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Received & Approved By The Legal Dcparia+enl 67 CITY (:IF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA IOWA CffY, IOWA 52240 CITY (319) 356-50M . I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. R9 -3n64 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of June , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 26th day of June , 19 82 . Dated at Iowa City, Iowa, this 9th day of Ju 19 82 . MARIAN K. KAR'R, DEPUTY CITY CLERK Printers fee $�� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,se: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att ched was published in said paper -_ - time(s), on the fol - lo wi g datelsl:loom Cashier rAft bed and swo n to before me Ity A. D. 1 /C>0 / Notary Public No. PAM OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCL No. 82-304,4 sIutnbetween Lots 2 and 3 of I(auffman's a U the t rl between Lots 2 anal AY INLERIM GROINANCE NKNOINL CHAPTER e. J ' 1 ZDNIMG ONYINANCE Of THE MUNICIPAL CODE OF THE Ci1r OF 11GW CITY, BY LIMITING CONSTRUCnoN -WITHIN A DESIUNATED ARIA FOR A MAXIMUM PERIOD OF SIR MONTHS PENDING A DECISION To REZONE ALL OR MT OF THE AREA BE I INFO M THE CITY OF IOW CITY, IMA. SECT f1 A $L The plirWIM of this omlnorce is l ,Flew so 1. tel e t CNSideraliM of the retYini lig of ,I or part m Mea Mre1M(to Oej<ri Ota. 1 ill prewM, Construction f P.Lentgi rwhol laaing usai, that Would be ,Inconsistent Wiltlna det',,,an to eetore all or part of. the ar {{ cOcIll"hL with the City's We iiiveeAli, as am,tM or Mitt. z. AMENDMENT. Seek. B. IDA is hereby e y as ng the following section: In order o provide Sufficient mice for cpnsiaeratlen of the reining of all or part., the area hereinafter deXce'dea, bMlldbog mralts shall Oe issued only f.r so[n Construction as Ygold be peraltied 11 tact area Were remred 40. 11, a affected by this interie ordinance is centrally deserided as follws: Beginning Ft a point at the intersection of Johnson Sheet and Jefferson Street, proceea- log easion'j, along Jefferson to A paint at tree ote'WeLIA n of Jefferson and Gpver.r. thence a.inerly along Cavern., to Ralston trees, thence eas}erly along Ralston Geek to Evans St. and Cattinuing east approwissetely,160 feet i o y a andel and 24 of Cauffaan's Addition to = I;� Street, thence south athrfaleat.1, 80 feet alae Slawait Sal. thence sett through Oudot 1, 29, 28 Original Town on an irregular I ge also ale shown on said coning sap to the .11 go tierce south along the alley 11. 01, Bad, Street to the cantenine of Bowery Street, thence west along Bowery Street to the alley parallel to Dodge Street between Celine Street and Johnson Street through Block I"ot, Second Addition, tnenre due north Jl.ng salw.14y to the soot rigNt-.f-way im of Coot Street. thence west aloha said right-of-wpand the northerly lot lire of Lot I Lyon's SOCOM Addition to the alley In Black 6 O,,,hol town Lyons 2nd Addition, thence due norm along a line trough ouUot 26. Block 42, and Bieck di Original Tann to the alley located in Block al Original Ism, thelrce easterly alas sp,d alley to Johnson Street, thence rorterly along Johnson Street to LM point o1 beglnning. SECTI 1 line 8ulldinq official Is hereby as A to mance the Luni n9 Map of the City of 1 Y. Iowa, to contorts to this ame.nt upon t ff I passage, approval and OWlicauon or this O'eine. as prorlaeo by law. SECTION a. the Qty Clerk is hereby authorized and HTFWrr�Lu cert,ly a copy of this 0.0maoce IO the County Re ... as of Johnson County. tote, Icon ",al Myle, Wprooal a" publication as prvV10M py SECTION 5. Eff ECIiYE DATL This Ordinance shall Deco! a e%iTuP upon puA�icatiM and spall .in n el lett forsirants or until the eractzaent of ah dfa dance to re M al l 0, Part of the area abate dehriDM, whichever is sooner. S.X. Llark's Addltran, science southerly alar, Muscatine to the intersection of Washington Paasad food au,n ed thfs 22nd day Of Jude, 1982. Street and Muscall M, thence south between ' Lets I and J of Iry't $YbdiVlslOn, tMrce .-t along to alley .n the .,the,, lot line of r fol l J. 6 J W. Clark's Addition, thence sauth through Let 3 01 J. 6. J . Clark's Addltion / t tree Colley St, therce spot along the ATTEST: ... easterly hat Ilne of Lot 9 am 2S J. A J.W. Clack's AI,Nl tion to Burlington Street, thence B JUne S6, 19Ri ORDINANCE NO. 82-3065 ORDINANCE AMENDING SECTION 8.10.25 OF THE ZONING CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this amendment Ts to prohibit off-street vehicular parking in locations other than valid parking spaces. SECTION 2. AMENDMENT. Section 8.10.25 of the Zoning Chapter is hereby amended by adding the following new subsection: In all zones, no four-wheel, self- propelled, motor vehicle, as defined by Chapter 23 of the Code of Ordinances, shall be parked off-street except in a parking space as provided in this chapter provided, however, that parking shall be permitted on a regularly constructed aisle for a single family or two family dwelling. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 22nd day of June, 1982. Received & Approved By The Lenai Department It was moved by Lynch , and seconded by Dickson , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published 6/30/82 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Lynch, seconded by Balmer, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consider- ation and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. CITY CSF IOW/-\ CITY CIVIC CENSER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50OD STATE OF IOWA SS JOHNSON COUNTY I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3065 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of June , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 30th day of June , 19 82 . Dated at Iowa City, Iowa, this 12th day of August , 19_ 9�. ,) CLERK MARIAN K. KARR, DEPUTY CITY F" Printers fee $ai CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at hed, was published in said paper _ timelsi, on the fol- low g datelsl: Cashier Subscri�bed�and sworn to before me this � �' day 6"It A.D. rNo. . \I f Notary—Public C �� JIUU SLAVAiA q 0PFIC1AL PUBLICATION oROIMxcE Ila. ez-3Ms GNOIWMCE Af[NOINO SECTION &L0. 2b Of TK ZoOIIA NMpTER Of THE CODE Of OROIaNfCL$1 Of aN CITY Of IOM Ci TY, 104%. ,?• Ac TO" o oRDOsf I-strreat vehlevlar,wk�^[� IocatispaMar than n valid parkinO aparals. . "C"ON 2. MENONENT. tion e.1o. 25 of tM on ng D r aeended by adbiy the rollwirrg. suosecUm 1 in all propelled Bones, M fWr-Nieee', self - actor vMi[le, av Na,,, 23 of the Cada of Ordfdyrcas, Maki ll be ace as Drvisded n thl„haptar par ng z0 othat Darklig "all be proviti; horaver, o permv.W M a regularly c nst f-ily aisle for a single faN11Y ar tw faN11y a Telling. `� R[ilpl REDEALER. All ordina�itea and Darts or ord ewnce conet r1M . Drovioo, Rf tm.s ordinance ere ordinneraby repealed. 4ECIION eEVEWILITY. If p> •Mach, Dravr50 $'pr Dar o the Ordi naapd shall be adjvddN'. tD De 'nvalld or uncoils[ ItAiGoal• such j udi M shall rot affect [fle validity of t” , Ild'rholll or any set fon. proelsion er oarLnMreer t adjudgal invalid r unconstftetfMal. l SECTION 5 If ECIIVE GATE. Thi Ordrn roe a1.11M De m e PC a r s lrol pas app a puDl kation P re9ul+ed by lar. Passed and approved this 22nd da of done. 1982. WEST. J June Yl, 1987 ORDINANCE NO. 82-3066 ORDINANCE AMENDING 924-84 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY. IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to include water ski shows as a type of event which may be held on the Iowa River pursuant to application with and authorization from the City Manager. SECTION 2. AMENDMENT. Section 24-84 of the Code of Ordinances is hereby amended to read as follows: Sec. 24-84. Regattas, races, marine parades, tournaments, water ski shows, or exhibitions. The city manager may authorize the holding of regattas, ,motorboat or other boat races, marine parades, tournaments, water ski shows, or exhibitions on the Iowa River. If a regatta, motorboat or other boat race, marine parade, tournament, water ski show, or exhibition is proposed to be held, the person in charge,thereof shall file an application with the city manager for permission to hold such regatta, motorboat or other boat race, marine parade, tournament, water ski show, or exhibition. The application shall set forth the date, time, and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament, water ski show, or exhibition and it shall not be conducted without written authorization of the city manager. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. 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 unconsti- tutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. 700 Passed and approved this 22nd day of June, 1982. 1AAAw C. h�'fOR ATTEST: CITY CLERK It was moved by Balmer , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxxx Vote for passage: Date published 6/26/82 Received & Approved By The Legal Department r A a• - Moved by Balmer, seconded by McDonald, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. 71 CITY C.)F IOW./--\ CITY CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3066 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of June , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 26th day of June , 19 82 . Dated at Iowa City, Iowa, this 9th day of July , 19---aL. � ) MARIAN K. KARR, DEPUTY CITY CLERK L a/. Printers fee $ /S _ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper (tjj� time(s), on the fol- low' g date(s): ca Cashier Subscribed and sworn to before me th(2.-) �, A. D. 19S�,�S Notary Public No.k-2�B /0C-;� 4 J SIAM�M ORo1NFNCE NO "2266 ofiNE Li NIYNOE iQ,i+ C2m�ioEw,1.NE SECTION 1 PONOSE. Tlr Wrp°se ° s ,ami Ski dans as yce 6 It von cn .ay be M1e11 On be 1. River pursuant to appli.tipn with and authorization from the CItY Nanager. SECTION 2. ANENONENE. Wtion[24-13A Of as the CCod. p r "hones 5 ere y Me Regattas, races, m .IM Was... ,Aas rants. •ate, I" Ines". o:.041tions. ### The city ranger oay autNorii Idlo9 of Mps[Gs, nNrOoat or aN� races. NpiM pashas, tOOrNnents. s. "If A r exhibitions on the lora diver. ns`he nytta, mwrboat or other race, G�aM�bitio^ is proposed W Derinn in .",g. Nerw1 shall Iii aappl kation Ni to ton City aanaWr for par•ission N aeld te, roth re9attl. Peon"Aat °ryotherlel Eoanw� or (Ik1pi CatG, if., had ota{i On MGR it is proposed to hold such replltta. motorboat Or o'Mw boat r e.. nariM "Phde. tourname^to. jr" ski "Or or exhltlti.R d it styli t 6bee hannated ri Mout vnttan rth.,izati.n of <Me city eahalle,. SECTION 3 REPEALERlid,. All °rdinaMGs and Darts of 'Drdinance art he.eeri et Rpe+led Drovi Sion Of this SEETION a SEVERABILliy. If any section. provs on pr part o ton Ordinance shall of adjudged to M inval io Or uneOnstitutional, suC juditation shll ara, affects" s.l lditY Of t ho oto pfgjpAnce�sf ahol�� l,edy invalid or o eh. uhc rsei- u4w1. This 11 e eStal w'-g-'ARP°1 0 DWNcaon as rervirel by laa. Passed and APPro.ed Nis 22nd hay of J-1. 198:. y, ATTEST: ORDINANCE NO. 82-3067 ORDINANCE AMENDING SECTIONS 8.10.3, 8.10.28.C,D,F AND 8.10.28.H1(a) AND SECTION 8.70.29.A,8 OF THE ZONING ORDINANCE OF THE CODE OF ORDINANCES CONCERN- ING THE INTERPRETATION OF THE ZONING ORDINANCE. SECTION 1. PURPOSE. The purpose of this amendment is to amend the Zoning Ordinance to make the City Manager or his/her designee the administrative official responsible for the interpretation of the Zoning Ordinance. SECTION 2. AMENDMENT. The Zoning Ordinance of the Code of Ordinances is hereby amended by the following: A. Section 8.10.3 is hereby amended by adding the following:definition: 84. Zoning Code Interpretation Panel A staff panel designated by the City Manager to interpret the provisions of the Zoning Code in such a way as. to carry out its intent and purpose. The panel may be composed of one member of the Housing and Inspection Services Department, one member of the Department of Planning and Program Development, and one member of the Legal Department. The concurring vote of all members shall be necessary to carry out its, business. In the case where a decision cannot be reached, the City Manager shall make the final interpretation and issue the panel report. B. Section 8.10.28.0 of the Zoning Ordinance is hereby amended by deleting this section and replacing it with the- following: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board,. or bureau of the City of Iowa City affected by a decision of the Zoning Code Interpre- tation Panel or by the. City Manager in the case where the panel cannot reach a decision. Such appeal shall be taken within .a reasonable time, and shall be prescribed as provided by the rules of ;7,z the Board, a notice specifying the grounds therefore. The administrative officer shall forthwith transmit to the Board, all papers constituting the record upon which the action appealed from is taken. C. Section 8.10.28.0 of the Zoning Ordinance is hereby amended by deleting this section and replacing it with the following: An appeal stays all proceedings in furtherance of the action appealed from, unless the City Manager or his/her designee certifies to the Board after the notice- of appeal shall have been filed with him, that by reason of facts stated in the certificate of (a) stay would, in his opinion, cause, imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board, or by a court of record an application and notice to the City Manager or his/her designee on good cause shown. 0. Section 8.10.28:7 of the Zoning Ordinance is hereby amended by deleting this section and replacing it.with the following: The concurring vote of three members of the Board shall be necessary to reverse any order, -requirement, decision, or determination of the City Manager or his/her designee, or to decide in favor of the applicant on any matter upon which it is required to pass, or to affect any variation in this chapter. E Section 8.10.28.H1(a) is hereby amended by deleting this section and replacing it with the following: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination, or interpretation made by the Zoning Code Interpretation Panel or by the City Manager in the case where the panel cannot reach a decision in the enforce- ment of this chapter. Section 8.10.29.A of the Zoning -Ordinance is hereby amended by deleting this section and replacing it with the following: 73 It shall be the.duty of the City Manager or his/her designee to enforce this chapter. It shall also be the duty of all officers and employees of the City and especially all members of the Police .Department .to assist the City Manager or his/her designee by reporting to him/her any new construction, reconstruction, land uses, or other seeming violations. G. Section 8.10.29.8 is hereby amended by deleting this section and replacing it with the following: Appeals from the decision of the City Manager or his/her designee may be made to the Board of Adjustment as provided in Section 8.10.28. SECTION 3. REPEALER. All ordinances and parts of ord nances in conflict with the provision of this ordinance aro hereby repealed. SOON 4. 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 5. EFFECTIVE DATE. This Ordinance shall ba in effect after its final passage, approval and publication as required by law. Passed and approved ✓this � 22nd day of June, 1982. n MAY P-IF12PUAWITOMP-52AW4 WA Received h ,9„ rave3 By The Legal Oepamm_nt 7�1 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: First consideration Vote for passage: xxxxxxxxxxxxxx Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published 6/30/82 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Erdahl, seconded by McDonald, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. %.7 ZONING CODE INTERPRETATION COMMITTEE Purpose: A standing staff committee designated by the City Manager to provide consistent interpretations where the intent of the ordinance is unclear. All interpretations shall be written and filed with the City Clerk's office. Membership: The Committee shall be composed of one member of the Housing & Inspection Services Department, one member of the Department of Planning and Program Development, and one member of the Legal Department. Members shall serve at the discretion of the City Manager. Powers: The Committee shall have the following powers: 1. To interpret the provisions of the Zoning Code in such a way as to carry out its intent and purpose. 2. To consider possible amendments to the Zoning Code prior to review by the Planning & Zoning Commission and the City Council. Vote Required: The concurring vote of all members shall be necessary to carry out its business. In the case where a decision cannot be reached, the City Manager shall make the final interpretation. 74 CITY 0' IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319)356-500C) STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. A2_3067 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of June , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 3pthday of June , 19 82 Dated at Iowa City, Iowa, this 12th day of August , 19--8Z. MA I N K. KARR, DEPUTY CITY CLERK OFFICIAL PUBUCATION OFFICIAL PUBLICATION 8.10.28.0 '.1 ife, Ioatrg Ordinance is amended by deleting this section Or Notary Pu INC acts, it with the following: I An appeal stays all prpeein9s di furtherance of the action aPaaalM (noel. No� W `/ \ unlet. the City manager or his/her designee .rtifi.s to the Bowra "fur the Notice of ageal spell have been filed t a e. -Y with nim, that by resale as natio heed Diet h the Opinion caau ort r tar l to; In Ms doper', c e m ens Peril [P ,o,, or Proper', ty aloe wren case, proceeds nI, , �MIyyy�l�� t Ped may, am g :Mn y IeAYN drBAY minion maY de granted M ane Board, or by a CoudiCi rt of rasy m pplication and notice to the City Nanaler or his/her designee on gond Cause shown. Section 8.10. 28.1' of the Inning Ordinaew is ,,by amended by deleting this section and reptaging It with the following: The concurring Vote of throe members of I. Board shall be necessary to reverse anorder, rpuirpent, decision, or ddtermtnatlon of the City manager or his/her designee. er W decide is favor of the applicant an any matwr upon union it r.5 RVuirad be pass. or to affect arx variation in this chapter. Sectio^ 8. 10. 28. NI(a) is hereby ahaeded by delay this section aro replacing it mIM. the falloW"g To Na, and decide appeals where It Is al),nd there Is an error in any order, repot cement, decision, delen,notion, On interpretation anda by the zoning Code Interpretation Panel or by the City manager In the case where the panel cannot reach a decision in the.enforoe- hart of this chapter. Section B_ to 29.A of the I.,, Ordihance Is hereby anendm by deleting this section nd replacing it with the following: It anal l M the duty of the City lapeg.r or his/her destonw ta enforce this Winter. It shall also he the duty of all offtnre aro MI.Yeas of the City fed especially all probe, Of the Falk. 0aprtment W assist the City Manager Or III~ Itithee by reporting to hIVMr any new CNstruction, re<onstracttan, I"I taws, or Other see^ing 0.1.0 ons Seca .10.29.8 is hereby amended by ante this ...tion aro replacing it with the ro I,: Is from the dxlsian of the Cfty r or his/her design nay of mace 1� a Boerd of Adjustaaant as Provided in on 8.10.28. SECrtOm 3. �'MALER. All ordlnaxu and parts of 0*dlwrcpgsmm-[pi OCt Nth the Pr f—as of this orald.Z. M-Mrmby rpialad. SECTION a..' ERABILITY. If any section; pro,, on.'„ Dar the ON nanw mall he ' adjudged invalid Or unconztl Wtioal, such 3s icatf II not affect the validity of the Oratpence. Mille or any eaction, Prevision or ,art f not ed3udped Iwalid or ll sECil DIM 5. EFFECTIVE OATE, This Ordinance shall be • p[�7— a t—fT�el R ... W, pDrwal ail publication as reduired by Ime. passed end approve, this 22nd day of June, 1982. ht1CbT. > Jude 70, MQ ONEINAICE N0. �OVtw n uJIDMS B.ID:3, a. 10.28. C,D,F AIS SECTION 8. 10.n.A,8 Of THE ��y) Printers feeESL�OF /1E COOE Of ORDINANCES CONCERN- IATION OF TIME ZONING OROINANCE. CERTIFICATE OF PUBLICATIONOSE. n7epurpose of `nim amndment CitySTATE OF IOWA, Johnson County, ss: Ordinance W nate the a if u"e`inter atationo°" aPretatnin fineTHE IOWA CITY PRESS-CITIZENONExr. The zeeiap ordinance or the peaces I. hereby ahao.vd by the nal p: I, ng the fill definition: Section 8.10.3 is hereby antwhe Bronwyn S. Van Fossen, being duly ol, ° sr.. IOeing Code I,,sworn, say that I am the cashier of the�� A staff panel de City IOWA CITY PRESS -CITIZEN, a news- Ma^age' to t"tarp,61 w preef ion paper published in said county, and that of Or, zpb t t, Intent inch .. y Ta carry out it,rne and ono a notice, a printed copy of which is fon. The panel may he g aposed of one .meter 4r the mva,ng .Cie mpet"p hereto att heti, was published in said P services Department. Cite� .ember of Dp ng and paper time(s), on the fol- thin riasent of aton P ogre• m eloDme"t: a me.n n 1 ow' g date(sl: or TM Legal Department The concurring vote of all members shah he necessary •r.4' carry Out its 0 duel hams. In "'!I, case Mere a decision cannot be rexhe,, the City Manager still .. the final interpretation aro tssw the panel i epon 9. Sectiom 8.30.28.0 of the Zoning Ordina,ce is nerebN amended by del!"ng this'sectlan and -vplm9/ing it with the Poli—in9: 2 Cashier `kneels to the So.r. of.Adjdst,. i,1 ma, be 4faen by any arson aggrieved or by any Officer. department, burs, or Wreau of the City of law City affected by a ycision of the Ioning Code lons re - Subscribed and sworn to before me tion Panel or by the City M.a.,, in caw .",a the panel cannot reach e 11 yl yet isidn. Such appeal inali be tatrn thin a reasonable time, and shall be by the thiis(1^M/�(� day A. D. a4crlbea .. provided rules of the Board, a e. T spd iryty the the administrative offices thershall ore. the transmit the officer snail forthwith tranwtt 18 V re it—jBoand, all papers consti Cody the record -V / e ��tt upon which int action appealed from as 8.10.28.0 '.1 ife, Ioatrg Ordinance is amended by deleting this section Or Notary Pu INC acts, it with the following: I An appeal stays all prpeein9s di furtherance of the action aPaaalM (noel. No� W `/ \ unlet. the City manager or his/her designee .rtifi.s to the Bowra "fur the Notice of ageal spell have been filed t a e. -Y with nim, that by resale as natio heed Diet h the Opinion caau ort r tar l to; In Ms doper', c e m ens Peril [P ,o,, or Proper', ty aloe wren case, proceeds nI, , �MIyyy�l�� t Ped may, am g :Mn y IeAYN drBAY minion maY de granted M ane Board, or by a CoudiCi rt of rasy m pplication and notice to the City Nanaler or his/her designee on gond Cause shown. Section 8.10. 28.1' of the Inning Ordinaew is ,,by amended by deleting this section and reptaging It with the following: The concurring Vote of throe members of I. Board shall be necessary to reverse anorder, rpuirpent, decision, or ddtermtnatlon of the City manager or his/her designee. er W decide is favor of the applicant an any matwr upon union it r.5 RVuirad be pass. or to affect arx variation in this chapter. Sectio^ 8. 10. 28. NI(a) is hereby ahaeded by delay this section aro replacing it mIM. the falloW"g To Na, and decide appeals where It Is al),nd there Is an error in any order, repot cement, decision, delen,notion, On interpretation anda by the zoning Code Interpretation Panel or by the City manager In the case where the panel cannot reach a decision in the.enforoe- hart of this chapter. Section B_ to 29.A of the I.,, Ordihance Is hereby anendm by deleting this section nd replacing it with the following: It anal l M the duty of the City lapeg.r or his/her destonw ta enforce this Winter. It shall also he the duty of all offtnre aro MI.Yeas of the City fed especially all probe, Of the Falk. 0aprtment W assist the City Manager Or III~ Itithee by reporting to hIVMr any new CNstruction, re<onstracttan, I"I taws, or Other see^ing 0.1.0 ons Seca .10.29.8 is hereby amended by ante this ...tion aro replacing it with the ro I,: Is from the dxlsian of the Cfty r or his/her design nay of mace 1� a Boerd of Adjustaaant as Provided in on 8.10.28. SECrtOm 3. �'MALER. All ordlnaxu and parts of 0*dlwrcpgsmm-[pi OCt Nth the Pr f—as of this orald.Z. M-Mrmby rpialad. SECTION a..' ERABILITY. If any section; pro,, on.'„ Dar the ON nanw mall he ' adjudged invalid Or unconztl Wtioal, such 3s icatf II not affect the validity of the Oratpence. Mille or any eaction, Prevision or ,art f not ed3udped Iwalid or ll sECil DIM 5. EFFECTIVE OATE, This Ordinance shall be • p[�7— a t—fT�el R ... W, pDrwal ail publication as reduired by Ime. passed end approve, this 22nd day of June, 1982. ht1CbT. > Jude 70, MQ �a \ L� ORDINANCE NO. 82-3068 'lc p��l�Mo AN ORDINANCE TO AMEND THE CODE OF IOWA CITY \� BY ESTABLISHING CHAPTER 24. 1, NOISE. bah BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: w The Code of Iowa City be and is hereby amended by adding thereto a new chapter to be known as Chapter 24.1, entitled, "Noise," as follows: CHAPTER 24.1, NOISE SEC. 24.1-1. POLICY, PURPOSE, TITLE AND SCOPE (a) Statement of Public Policy. The city council finds and declares that: (1) Excessive noise is a serious hazard to the public health and welfare and the quality of life in urban society. (2) A substantial body of science and technology exists which provides for substantially reducing excessive noise without serious inconvenience to the public. (3) Certain of the noise -producing equipment in the city is essential to the quality of life therein and should be allowed to continue at reasonable levels with moderate regulation. (4) Each person has a right to an environment reasonably free from disturbing noise or that which jeopardizes health or welfare or unnecessarily degrades the quality of life. (5) It is the legislative declaration of the city to promote an environ- ment free from certain excessive noise, otherwise properly called "noise pollution", which jeopardizes the health and welfare and degrades the quality of the lives of the residents of the city, without unduly prohibiting, limiting or otherwise regulating the function of certain noise producing equipment which is not amenable to such controls and yet is essential to the economy and quality of life. (b) Purpose, Title and Scope. (1) The purpose of this chapter is to establish standards for the control of noise pollution in the city by setting maximum permissible sound levels for various activities and to protect the public health, safety and general welfare. (2) This chapter may be cited as the "Noise Control Ordinance" of the City of Iowa City. (3) This chapter shall apply to the control of noise producing activities and objects originating within the limits of the City of Iowa City or originating from properties lying outside the limits of the City of Iowa City owned or controlled by the City of Iowa City with a lease or other similar arrangement, except where either 1) a state or federal 77 ORDINANCE NO. B2 - Page '2 agency has adopted a different standard or rule than that prescribed within this chapter and has so preempted the regulation of noise from a particular source as to render this chapter inapplicable thereto, or 2) the city council has determined that, by reason of public acceptance of the activity producing a particular noise, such noise is deemed acceptable to the residents of this city. Sec. 24.1-2. DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall have the meanings shown. Definitions of technical terms used in this subchapter which are not herein defined shall be obtained from publications of acoustical terminology issued by the American National Standards Institute (ANSI) or its successor body. "Ambient sound level". The noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, exclusive of intruding noises from isolated identifiable sources. . "A -weighted sound level". The sound pressure level in decibels as measured on a sound level meter using the A -weighting network. The level is designated dB(A) or dBA. "Barking Dog" or Bird or Other Animal. A dog, bird or other animal that barks, bays, cries, howls or emits any other noise continuously and/or incessantly for a period of ten (10) minutes or barks intermittently for one-half (k) hour or more and the sound therefrom is plainly audible across a residential real property boundary or within a noise sensitive area. "Decibel (dB)". A logarithmic and dimensionless unit of measure used in describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 miscropascals (20 micronewtons per square meter). "Motorboat". Any vessel which is designed to operate on water and which is propelled by a motor, including, but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft. "Motor vehicle". Any motor -operated vehicle licensed for use on the public highway. "Noise". Any sound which disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. "Noise control officer". Any city employee(s) or city law enforcement officer(s), designated by the City Manager as having responsibility for the enforcement of this chapter. "Noise disturbance". Any sound of such character, intensity and duration which endangers or injures the welfare, safety or health of a human being, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property. 7s ORDINANCE NO. 82- 3 Page 3 "Noise sensitive activities". Activities which are conducted under conditions of exceptional quiet including, but not limited to, operation of schools, libraries open to the public, churches, hospitals and nursing homes. "Noise sensitive area". Any areas designated in this sub -chapter for the purpose of ensuring exceptional quiet and clearly posted with "Noise Sensitive Area" signs. "Person". The word shall have the meaning prescribed by section 1-2 of the Code of Iowa City and shall in addition include any officer, employee, department, agency or instrumentality of the state or any political subdivision of the state. "Plainly Audible Noise". Any noise for which the information content of the noise is transferred to the listener, such as but not limited to understanding of spoken speech, comprehension of whether a voice is raised or lowered, or comprehension of musical rhythms. "Powered model vehicle". Any self-propelled airborne, waterborne, or landborne model plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket. "Public right-of-way". Any street, avenue, boulevard, highway, sidewalk, or alley or similar place which is owned or controlled by a governmental entity. This definition shall also include an area between the traveled portion and the sidewalk or private property line if no sidewalk exists. "Public space". Any real property, including any structure thereon, which is owned or controlled by a governmental entity. "Real property boundary". An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra -building real property divisions. "Recreational vehicle". Any race car, motorcycle, .snowmobile, or any other motorized vehicle equipped for use in racing or other recreational events or uses off of public right-of-way on public or private property. For purposes of this chapter, a motor vehicle or motorized vehicle which is taking part in an organized racing, endurance, or other coordinated sporting event shall be deemed a recreational vehicle. "Residential". Any property on which is located a building or structure used wholly or partially for living or sleeping purposes. "Sound". An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefraction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. "Sound level". The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters 7/ ORDINANCE NO. 82- ; Page 4 - (ANSI S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A -weighting shall apply. "Sound level meter". An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or display meter, and weighting networks used to measure and read sound pressure levels, which when properly calibrated complies with American National Standards Institute Standard 1.4- 1971 or the latest approved revision thereof. "Used"or "occupied". For the purpose of this subchapter either word shall be deemed to include the words "intended, designed, or arranged to be used or occupied". Sec. 24.1-3. EXCEPTIONS. The provisions herein shall not apply to: (1) The emission of sound for the purpose of alerting persons to the time of day, the existence of an emergency or the approved testing thereof. (2) The emission of sound in the performance of emergency work, including snow removal and maintenance of trees. (3) Non-commercial public speaking and public assembly activities conducted on any private property, public space, or public right-of-way. (4) The unamplified human voice, except those activities specifically controlled by the provisions of this Chapter. (5) Agricultural activities, exclusive of those involving the ownership or possession of animals or birds. (6) Snowmobiles regulated by chapter 321G, Code of Iowa. (7) Rail and air transportation and public mass transportation vehicles. (8) Emergency vehicles such as fire trucks and ambulances. (9) Non-professional athletic events. (10) Essential services such as electrical substations and safety devices. (11) Construction and maintenance activities between 7:00 a.m. and 10:00 p.m. Maintenance activities shall be non -routine operations, temporary in nature, and conducted infrequently. (12) Cement sawing of freshly -poured concrete street, alley, sidewalk, or road surface. Provided, however, that any person intending to engage in such activity between 10:00 P.M. and 7:00 A.M. shall first notify the Iowa City Police Department by telephone or in person that such activity will be undertaken and the time and location of same. (13) Unamplified live music, provided, sponsored or funded, in whole or in part, by a governmental entity. ORDINANCE NO. 82 i8 Page 5 Sec. 24.1-4. SPECIFIC ACTIVITIES PROHIBITED. The following acts, among others, are deemed to be loud, disturbing, unusual, unreasonable and unnecessary noises in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive: (a) Sales by "hawking or barking". No person shall offer for sale or sell anything by shouting or outcry within any residential area in the city, except in conjunction with an event which is exempt from the provisions of this chapter or for which a permit has been issued by the City. (b) Loading and Unloading. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans, or similar objects outdoors between the hours of 10 P.M. and 6 A.M. the following morning as to create a noise disturbance across a residential real property boundary or within a noise sensitive area. (c) Vehicle or Motorboat Repairs and Testing. No person shall repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat either within a residential zone in such a manner to cause a noise disturbance or in any other zone in such a manner as to cause a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area. (d) Powered Model Vehicles. No person shall operate or permit the operation of powered model vehicles in a residential zone, in a public space or within a noise sensitive area between the hours of 10:00 P.M. and 7:00 A.M. the following morning. (e) Sound Trucks and Other Devices. No person shall operate or permit the operation upon the public streets of a sound truck, or other device for producing, reproducing or amplifying sounds without a permit. Sec. 24.1-5. MUSICAL INSTRUMENTS AND SIMILAR DEVICES. No person shall operate, play or permit the operation or playing of any drum, musical instrument or similar instrument in such a manner to cause a noise disturbance or outdoors within a noise sensitive area. Sec. 24.1-6. REGULATION OF SOUND EQUIPMENT AND SOUND AMPLIFYING EQUIPMENT. (a) Except for activities open to the public and for which a permit has been issued by the city, no person shall so operate, play or permit the operation or playing of any radio, television, phonograph, record player, tape deck or player, loud speaker, amplifier, or other device for producing, reproducing or amplifying sounds in any building or upon any premises, public or private or any other sound producing equipment or apparatus: (1) In such manner as to cause a noise disturbance or outdoors within a noise sensitive zone. (2) In such manner as to cause a noise disturbance or outdoors within a noise sensitive zone, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters. f/ ORDINANCE NO. 82 18 Page 6 (b) Sound equipment --permit required. No person shall use, operate or cause to be used or operated any radio, record player, tape deck or player, loud speaker, amplifier, sound truck or other device for producing, reproducing, or amplifying sounds, hereinafter referred to as "sound equipment", upon the public streets or in any building or upon any premises, public or private, if the sound therefrom be plainly audible across a residential real property boundary from any public street or public place within the city, unless said person: (1) First obtains a permit in accordance with this section; (2) Complies with the conditions imposed by the permit, including the maximum permitted sound level shown therein; and (3) Complies with all other applicable provisions of this section. Sound equipment shall not include: (1) Equipment used for public health and safety purposes; (2) Church or clock carillons, bells or chimes; (3) Parades, processions or other public events for which a parade or other permit has been issued, provided the conditions of the permit are complied with; (4) Automobile radios, tape decks or players, or other standard automobile equipment used and intended for the use and enjoyment of the occupants, provided the sound emitting therefrom is not plainly audible for more than 50 feet from the vehicle; (5) Recorded music used in a non-residential zone in conjunction with a civil or religious celebration; (6) Unamplified live music provided, sponsored, or funded, in whole or in part, by a governmental entity. (7) Mobile radio or telephone signaling devices. (8) Car or truck horns or similar devices when used to denote danger or a warning or possible danger. (c) Fees. A separate permit shall be required for each type of activity described below. Permits shall be nontransferable. The permit shall be conspicuously displayed on or immediately adjacent to the sound eqiupment. Fees for sound equipment permits shall be established by resolution of the City Council. (1) No fee shall be required for any sound equipment permit issued to the City of Iowa City, State of Iowa, or the Federal government or any other governmental subdivision or agency. 0 ORDINANCE NO. 82 '8 Page 7 (d) Information required. Application for permits required herein shall be made in writing to the City Clerk, accompanied by the required permit fee and such information as the City Clerk may require. If the application contains the required information, is accompanied by the required fee, and the proposed use complies with the requirements of this subsection, the City Clerk shall issue the appropriate permit. (e) Application standards (1) Type A permit --general standards. A type A permit may be issued for sound equipment emitting music or human speech registering not more than 60 dB(A)'s when measured at the real property boundary of the private residence nearest the sound equipment and measuring not more than 100 dB(A)'s at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type A permit may be used only in areas of the city zoned for non-residential use and only between the hours of 9:00 A.M. and 9:00 P.M. (2) Type B permit --sound trucks --general standards. Sound trucks may be operated only under a type B permit. A type B permit may be issued for sound equipment mounted upon a motor vehicle and intended for use upon city streets provided that the sound equipment emits only music or human speech registering not more than 80 dB(A)'s when measured at a distance of 100 feet from the sound equipment. Sound equipment permitted under a type B permit may be used only in non-residential areas and only from 9: 00 A. M. to 9: 00 P. M. (3) Type C permit--parks--general standards. A type C permit may be used for sound equipment emitting music or human speech registering not more than 60 dB(A)'s when measured at the real property boundary of the private residence nearest the sound equipment and registering not more than 100 dB(A)'s when measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type C permit may be used only in public parks owned and operated by the city, or public grounds owned and operated by another government body, from 10:00 A.M. to 11:00 P.M. for events authorized and approved by the city or other body having jurisdiction over the park or public grounds. (4) Type D permit --public or parochial school ground -general standards. A type D permit may be issued for sound equipment emitting music or human speech registering not more than 60 dB(A)'s when measured at the real property boundary of the residence nearest the sound equipment and registering not more than 100 dB(A)'s when measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type D permit may be used only on school grounds, or in conjunction with a school sponsored activity, from 10:00 A.M. to 11:00 P.M. for events authorized and approved by the school authorities having jurisdiction of the grounds. (f) Commercial advertising --sound equipment prohibited. No sound equipment shall be permitted to be used on public streets or public places, in any building, or upon any premises if the sound will be plainly audible from any public street or public place within the city, when any such use is for commercial advertising purposes, or for the purpose of attracting the attention of the public to any building or structure for monetary gain. ORDINANCE NO. 84' 58 Page 8 Sec. 24.1-7. MOTORIZED VEHICLES. (a) No person shall operate or cause to be operated the engine providing motive power, or an auxiliary engine, of a motor vehicle of a weight in excess of 10,000 pounds for a consecutive period longer than 20 minutes while such vehicle is standing on private property and located within 150 feet of property zoned and used for residential purposes, except when such vehicle is standing within a completely enclosed building. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads. (b) No person shall drive or move or cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the following noise limits at any time in such a manner as to exceed the following noise limits for the category of motor vehicle shown below. Noise shall be measured at a distance of at least 25 feet (7.5 meters) from the near side of the nearest lane(s) being monitored and at a height of at least 4 feet (1.2 meters) above the immediate surface. Table 1 provides corrections to observed noise levels at distances of less than 50 feet. Sound Pressure Level, dB(A) Speed limit Speed limit 40 MPH or less over 40 MPH Motor vehicles with a manufacturers gross vehicle weight rating (GVWR) or gross combination weight rating 90 94 (GCWR) of 10,000 pound's or more, or any combination of vehicles towed by such motor vehicle. Any other motor vehicle or any combination of vehicles towed by 80 84 any motor vehicle. Any motorcycle. 82 86 This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this code relating to motor vehicle mufflers for noise control. (c) The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by the American Standards Association. The instrument shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during 8t/ ORDINANCE N0. 82 - Page 9 measurement shall be positioned as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being made. (d) No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler cut-out, by-pass or other similar device and no person shall operate a motor vehicle or motorcycle which has been so modified. A motor vehicle so operated shall be deemed equipped with a muffler which emits excessive and unusual noise and which is not in good working order. (e) 1) No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property in such a manner that the sound level resulting from such operation exceeds 73 dBA for a total of three minutes in any continuous one hour period or exceeds 90 dBA for any period of time during such operation. Sound levels which exceed the limits herein described at the real property boundary of the receiving land use shall be deemed a noise disturbance. 2) No person shall conduct or permit the conduct of any part of an organized racing event which involves a contest between or among recreational vehicles on public or private property between the hours of 9:00 P.M. and 9:00 A.M. the following morning. Sec. 24.1-8. ANIMALS. (a) No person shall own, possess or harbor any barking or noisy dog, bird or other animal regardless of whether the dog, bird or other animal is physically situated in or upon private property. However, the dog, bird or other animal shall not be deemed a barking dog or noisy animal if, at the time the dog, bird or other animal is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog, bird or other animal is situated or taking any other action which would tease or provoke the dog, bird or other animal to bark or otherwise be noisy. Sec. 24.1-9. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS. (a) No person shall permit noise from any commercial or industrial use, as defined in the zoning ordinance, to exceed the sound levels specified in table 2, except that the decibel levels specified shall be reduced by 5 decibels at the boundary line of a zone designated as residential in the zoning ordinance between the hours of 7:00 p.m. and 7:00 a.m.; and at the boundary line of a school located in a noise sensitive area between the hours of 8:00 a.m. and 4:00 p.m. when the school is in session. For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer and the impact noise analyzer shall be employed. 51 ORDINANCE N0. 82-: Page 10 The flat network and the fast meter response of the sound level meter.shall be used. Sounds of very short duration, as from forge hammers, punch presses, and metal shears which cannot be measured accurately with the sound level meter, shall be measured with the impact noise analyzer. Octave band analyzers calibrated in the Preferred Frequencies (United State of America Standard S1 6-1967, Preferred Frequencies for Acoustical Measurements) shall be used in the table headed "Octave Band, Preferred Frequencies." Octave band analyzers calibrated with the pre -1960 octave bands (United States of America Standards Z24 10-1953, Octave Band Filler Set) shall be used with the tables headed "Octave Band, Pre -1960." Sec. 24.1-10. POWERS AND DUTIES OF THE NOISE CONTROL OFFICER. (a) The noise control program established by this chapter shall be implemented, administered, and enforced by the noise control officer who shall be that person or persons, designated by the City Manager. (b) To implement and enforce this chapter the noise control officer shall have the additional power to: (1) Conduct research, monitoring, and other studies related to sound. (2) Conduct programs of public education regarding the causes, and effects of sound or noise and general methods of abatement and control of noise, as well as the actions prohibited by this chapter and the procedures for reporting violations. (3) Coordinate the noise control activities of all municipal departments. (4) Review public and private projects, including those subject to mandatory review or approval by other departments, for compliance with this chapter, if these projects are likely to cause sound in violation of this chapter. (5) Upon presentation of proper credentials, enter and inspect any private property or place, and inspect any report or records at any reasonable time when granted permission by the owner, by some other person with apparent authority to act for the owner, or a tenant of the premises. If consent to inspect is withheld by any person or persons having the lawful right to exclude, the officer may apply to a magistrate of the Iowa District Court in and for Johnson County for a search warrant of the building. No owner or occupant or any other person having charge, care or control of any structure or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the officer for the purpose of inspection and examination pursuant to the provisions herein. (6) Issue sound variances pursuant to the provisions of this chapter. (7) Prepare recommendations for consideration by the city council, after publication of notice and public hearing, for establishing the boundaries of noise sensitive areas. ORDINANCE NO. 82 8 Page 11 (8) Designate any area for the purpose of ensuring exceptional quiet and to be clearly posted with "Noise Sensitive Area" signs because of the noise sensitive activities conducted therein. These areas may include, but are not limited to schools, libraries, churches, hospitals and nursing homes. (9) Authorize the capture and impoundment of any dog, bird or other when the noise made by the animal cannot be reasonably controlled by the owner or other person on whose property the animal is located. (10) Require certification by a registered engineer or other qualified person that the performance standards for a proposed use can be met. Sec. 24.1-11. DEPARTMENTAL ACTIONS. All departments and agencies of the city shall carry out their programs so as to further the policy of this chapter. Sec. 24.1-12. SOUND VARIANCES. (a) The noise control officer shall have the authority consistent with this section, to grant sound variances from the requirements of this chapter. (b) Any person seeking a sound variance under this section shall file an application with the City Clerk. The application shall contain information which demonstrates that bringing the source of sound or activity for which the sound variance is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee in the amount established by the City Council by resolution. The fee shall not be refundable. (c) In determining whether to grant, deny, or revoke the application the noise control officer shall balance the hardship to the applicant, the community, and other persons of not allowing the sound variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of allowing the sound variance. Applicants for sound variances and persons contesting sound variances may be required to submit any information as may reasonably be required. Applicants are required to give notice by certified mail to: (1) the occupants of surrounding single or two family residences located in an area that includes the next two homes in any direction, or those within 100 feet of the noise source, whichever is less; or (2) the owner or manager of multiple family residences, including hotels, within such area. In granting or denying an application or in revoking a sound variance previously granted, the noise control officer shall place on public file a copy of the decision and the reasons for granting, denying or revoking the sound variance. 97 ORDINANCE NO. 82-; Page 12 (d) Sound variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to in writing by the applicant and placed on file with the Noise Control Officer. Noncompliance with any condition of the sound variance shall terminate it and subject the person holding it to those provisions of this subchapter regulating the source of sound or activity for which the sound variance was granted. Termination for non-compliance shall be made in accordance with Section 2-188, Emergency Orders, of this Code. Sec. 24.1-13. EFFECTIVE DATE. This ordinance shall be in effect upon its passage, approval and publication in accordance with law. Sec. 24-1.14. SEVERABILITY OF PROVISIONS. Each section, and any and all provisions of this ordinance, is independent of every other section and any and all provisions, and the invalidity of any thereof, shall not invalidate any other section or provision. Sec. 24-1.15. REPEALER. All ordinances or parts of ordinances in conflict with this ordinance hereby are repealed, with the exception of Sections 5-35(7), 9 1-7(d), 23-137, and 24-48 of this Code. Sec. 24.1-16. PENALTY. (a) Any violation of the provisions of this ordinance $hall be a misdemeanor subject to the penalties of Section 1-9 of this Code. (b) Each instance of violation of any of the provisions of this Ordinance shall constitute a separate offense. Sec. 24.1-17. ADDITIONAL REMEDIES. Any violation of the provisions of this ordinance is deemed and declared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by the District Court. Passed and approved this 22nd day of June, 1982. ATTEST: 1AYOR L�CZ'�c� .. CITY CLERK It was moved by Dickson , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were. AYES: NAYS: ABSENT: First consideration Vote for passage: xxxxxxxxxxxxxxx Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published 6/30/82 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Dickson, seconded by Perret, .that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret. Nays: Erdahl. Reeelved & Approved By The legal Deparhmnt —Lk� S- I1- YL 007 TABLE 1 (Corrections to observed noise levels for distances less than 50 feet) DISTANCE MEASUREMENT IN FEET CORRECTION TO LEVELS dB(A) More than Up to 45 ft. 50 ft. -o- 41 ft. 45 ft. +1 37 ft. 41 ft. +2 33 ft. 37 ft. +3 30 ft. 33 ft. +4 27 ft. 30 ft. +5 25 ft. 27 ft. +6 TABLE 2 Maximum Permitted Sound Levels, dB (Re: 0.0002 Microbar) �V In C Zones and ORP Zone In M-1 and M-2 Zones Type of Analyzer Measured at Measured at Octave Band R Zone Boundary, R Zone Boundary, C Zone Preferred Freq. Recreational Area, Recreational Area, or ORP Zone (Cycles/Sec.) Impact Noise or School Area* Adjacent Lot or School Area* Boundary 31.5 76 83 76 83 63 71 78 71 78 125 65 72 65 72 250 57 64 57 64 500 50 57 50 57 1000 45 51 45 51 2000 39 46 39 46 4000 34 41 34 41 8000 32 38 32 38 Overall Peak 80 86 80 86 �V CITY 0�_ ICITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CC0 STATE OF IOWA ) SS JOHNSON COUNTY )) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3068 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of June , 19 82 , all as the same appears of record in my office and pub fished in the Iowa City Press -Citizen on the 30th day of June , 19 82 . Dated at Iowa City, Iowa, this 12th day of August , 19_aL. MAR -IAN K. KAR , DEPUTY CITY CLERK 12 Printers fee $a ly CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at he ,was published in said paper time(s), on the fol- lowing date(s): I a, Y 11,47 In Cashier Subscribed � and swo to before me this [sem/\\L' " d'ay A. D. Notary Public PTo. lCJ C� nIu surnurdt OFFICIAL PUSLICATION OEOINAKE W. 82-23f0156 •Mi OBDINMICE TO MEED THE CODE OF INA CITY BY ESTM)LIMING CHAPTER 24. 1. (DISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INA CITY, IgM: The Coda of Ioma City ba and is Manby amended by adai,p tanto a Has chapter to he kfoM as Chapter 24.1, entitled, "Mist," as follow: CHAPTER 24 1, NOISE SEC. 24.1-1. POLICY, RapOpE. TITLE MD SCOPE (a) Statement of public Pte. The city council fTW'i.–Q–dFc' Arm' that: (1) M ten public haraltn and Welfare and the quality of life in urban society. (2) A substantial body of sciemt W technology wits, Mich ".O"s fmr substantially roasting excessive neiw vs Mout Serious incoMonience to tAm public. (3) Certain of the mise -producing equipment 10 the city is essential to the quality of life therein and should Its, allowod to continue At reasonable levels vim madarate regulation. (4) Each person has a right to an mvirowent reasoMbly free TWO disturbing mise en that Which jeopardiles Health or Wa1feR tar unnecessarily degrades the quality Of Hh. (5) it Is the legislative declaration of W City to iY prgan environment free from rertain excessive mise, otaMse P=IY Called "mist pollution", Which jeopardizes the Mtlm and .)'are and degrades the quality Of the lives Of LM maid u of the city, without unduly prebititin, limiting or otne,viss raga among the fumtian of certain noise p inR equipment Which is rot amenable Setand yet controls ayet is essential te enpn04' and quality of life. (b) Purpose, Title am Scaoe. (1) The purpose of Mi, Chapter is to establish standards for the control a mise pollution in that city by settsug .� ,t, mad. permissible bund levels fpr various Activities and to protect the -�Obl I Health, _ safety and geMral Welfare. (2) This Chapter may ba cited as the "Mix Control Ordinamo" of the City of Isom City. (1) This chapter shill apply to ten control of mist producing activities onto objects Originating Within the limits of the City .yjajpt of Iwo City or Originatingfrom properties lying outside ten limits of the City of Iowa city owned or ontrolled by... City or lova City vita a lease or tteTrr "' 4 ethers is, ler errengenent, euept ware eitHir 1) a state Or Yang] apamy lies aquit" a differebl standard or rule man that prescribed Within this chapter and has so a Drepted the m regulation of ise from a particular source as M renter this chapter inapplicable thereto, or 2) the city Council Ms determined that, by reason of public .-Pune of the activity praducisg a particular mise, such mise is dewed acceptable to the residents of this city. Sec. 24:1-2. DEFINITIONS. unless othemist espressly steled or me contest clearly indicates a different intention, the 1Mlwia, terms shell haw this waning, show. Definitions of technical terms used this sMChaptar Mich are not herein defined shall be obtaitud from publications of acoustical to mlog issued by this American Asti Ons l standards Institute (ANSI) or its successor body. "ambient sound level"- TM it. associated Wim give' tnvTroneaA, exclusive of a particular miss being tested. Mfig usually a coopositt of mato, from why,or and far. wCluSive of Intruding Mises. from isolated identifiable aourcts. "A-wtignttd sound level". is sound pl'essurt Iwo) In deo a—iT az measured on a sound level Water dsiog the Meeiplting network. The level is hoes ignated dh(A) or DBA. rOther Animal. A dog. b hoko21 r oBhi t tar s, Heys, cries, homls r its any other no1Se continuously 4nd/or incessantly far a period Of Can (10) miartas or barks intermittently for ono -Holt (III aur or Were and ten sound therefrom is plainly audible across a resiaential real property bnandary or Within A .is. Sensitive area. "Decibel hoe ". A IaparitJric aha diwnsianlMs unit o Waasure used in describi,g the aaplituW of sauna, equal to 20 tiws ten logarithi to the base 10 of the ratio of the pressure of the saund presured to the reference. pressure, Which Fs 20 ht scrbpesuls (20 micraMWtons per squar meter). "atarbuat". Any vessel Whim is designed to eperala —wester and Which is propelled by a mater, Inclimme. Bat a" limited to. bests, Omegas. amphibian anti w[er ski Mating dlsicw Wad aver Croft. "Mtorenicle". Any rotor -operated vehicle 1 cans v or use on the public hignmey. S� -.3o6P /V '71 FV OFFICIAL PULLMATION OFFICIAL PUBLICATION OFFICIAL MIKICATION TABLE 1 OFFICIAL PUBUCATWW OFFICIAL PUBLICATION TABLE 2 (Corrections to observed noise levels for distances less than 50 feet) ' Maximum Permitted Sound Levels, dB (Re: 0.0002 Microbar) DISTANCE MEASUREMENT IN FEET CORRECTION TO LEVELS dB(A)' In C Zones and ORP Zone In M-1 and M-2 Zones Type of Analyzer Measured at Measured at Octave Band R Zone Boundary, R Zone Boundary, C Zone More than up to Preferred Freq. Recreational Area, Recreational Area, or ORP Zone -0- (Cycles/Sec.) Impact Noise or School Area- Adjacent to or School Area- Boundary 45 ft. 50 ft. 31.5 76 83 76 83 41 ft. 45 ft. +1 ,. 63 71 78 71 78 125 65• 72 65 72 37 ft. 41 ft. +2 250 57 64 57 64 500 50 57 50 57 33 ft. 37 ft. +3 " 1000 45 51 45 51 2000 39 46 39 46 30 ft. 33 ft. +4 4000 34 41 34 41 8000 32 38 32 38 27 ft. 30 ft. +5 J Overall Peak 80. 86 - .._ BO 25 ft:__ ..._.___..__-37 iti:-In - _. ... _ 16 bise•. Any sound Mich disturbs Means or which cwws'er bonds to cause an adval psychological or physiological affect as owns. 'Wee control offic. Acity employees) or My- yawn— F', er"ny TICer(Sj. destgnacad by the City Manager as having responsibility for the enforcement of this chapter.' ise disturbance". Any sound of such character, in s tT-sty a T Mc,m Smith eMerpers or injures the welfare, safety or health of a human being, or away$ or disturbs a reasomble Person of ramal sensitivities, or emagers or injures personal or real property. "Noise sensitive activities". Activities Mich are ware oo ucns of exceptional quiet int l udiig, but not limited W, operation of schools, libraries open to the public, churches, hospitals and nursing homes. "none msitive area". Any areas designated in to s suo� A cn�te r the purpose of ensuring exceptional quiet and Clearly posted with "Miss Sensitive Area" signs. "Persae" The word smll have the meaning proscribed by section 1-2 of the Code of Iowa City and shall in addition include any officer, employee, *apartment, agmry or instrwntality Of the state or any political subdivision of the sue. "plaint A�Wible Noi se�". Any hoise for Mich the .format of 1 n an OT of in noise is transferred to the listener, such as but not limited W Unde standing of Spoken speech, Cooprehensim of Nether a voice is raisedo r Immerse, or comprehension of musical rhythms. "Powered andel uhf cls". Any self-Drmpelln ri�ar landborne mans, plane, vessel, or vehicle. Mich is not designed to carry perems, including, but not limited te, any model ei,rol ere, beat, car or rocket. "Pubpseb lamhi. Ahry street, avenue., ever g ay, sitlmpelk, or alley or similar plat. which is omad or controlled by A ,volmental entity. This definitionsnail also de incluan area between the traveled portion .and the sidevalk or private property line if anaidewlk exists. "Public Space". Any real property, Including any rr— sthereon, which Is based or controlled by a governmental entity. _Rea report, boumary". An imaginary line along - Around surface, and its vertical extension, Mich separates the nal 'property awned by ore person from that coned by another person, but not S ncl Wing ilitra-Inild,og rml,property, divisions. "Recreational venic le". Any race car, MoWrcycle, sno.Mo e, or any e r motarixed vehicle nuippetl for use in racing er other recreational events or uses off Of public right -of -coy on public o private property. For purposes of this chapter, a motor vehicle or Ali vehicle Mich is taking part in an organized racing, emuMbee, or other mrminated sporting event shall m Said a recreational vehicle. "Resi* tial". Any property on which is located a b.TTfftructure used wholly or partially for living or sleeping purposes. w5eund". An oscillation in pressure. particle iffsTareAent, particle velocity or other. physical parameter, in A medium with internal torus, tet cause compression and rerefraction of that indium. The description of Sound nay include any characteristic of such sound, including duration, intensity and frequency. "Soum level". The weighted sound Pressure level obt- y the use of a sound level meter and frequency weighting network, such as A, B, or C a specified in American National Standards institute specifications for Sound leve) waters (ANSI S1.4- 1971, or the latest approved revision thereof). If the frequency wigating employed is not indicated, the A -weights g sell apply. "Sound level eater". An Instrument Mich includes A m crophom, amp- fier, RMS colector, integrator Or if. aserader, output or display meter, am wei9hti ng hetwar ks used to measure am read SWnd Pressure les witheAaerican Natihen onalpStandardstA I Institute Standard 1.4-1971 or the latest approved revision tmrmf. "Use , For the Purpose of this 00c words e t vont/ shall d. celled to include ne tyros "intended, designed, or arranged ca be used or acmpied". Sec. 24.1-3. EXCEPTIONS. The provisions herein sha)i not apply W: (1) The emission of sound for the purpose of alerting persons to the Lice of day, the existence of an emergency Or the approved testing thereof. (2) The emission of Sound In the performance of amergenry work, including soba removal and INinteMMe of trees. (3) Non-comnial public speaking am Public assembly activities conducted an any privaW property, public space, or public rigM-Of- may. (4) The unnpliffea human voice, except nose Stile ,tis specifically controlled by the or. vfsions, of this Chapter. (5) Agricultural activities, exclusive of these involving the a mbfg or posao,fon of M animals or birds. . (6) Snowmobiles regulated by chapter 321x, CA in- Iowa. (7) Rail and air transportation and public mass transportation vehicles. (8) Furgency vehicles such as fire trucks am an0ulances. (9) Norprofessi one l athletic events. (10) Essential services such as electrical substations and Safety devices. (11) Construction and maintenance activities between 7:00 a.m. and 10:00 p.m. Maintenance activities shall be hon -routine operations, tenporary in nature, and conducted Infrequently. (12) Cement saving of freshly -poured concrete street, alley, sidewalk, or road surface. Provided, however, tet any peon intending W engage in such Activity between 10:00 P.M. and 7:00 A.M. shall first notify tan w loCity Police Department by telephone or in person that such Activity will be undertaken and the tin and location of same. (13) Unamplified live music, provided, sponsored or funded, in whole or in part, by a governments) entity. Sec. 24.1-4. SPECIFIC ACTIVITIES PRONISITEO. The following acts, rang others, are deemed W be load. disturting,unusual, unreasonable and unnecessary raises 1n violation of this chapter, but any enwration herein small not m deemed to be exclusive: (a) Soles_by "hawking or berkim'. m be red. sluff o11eTf<M Sell an,"I all, by Shouting or outcry vjoin nary residential area in the city, except in conjunction vita a event Mich is exempt from the provisions of this chapter or for Mich a permit has been issued by the City. (b) Loa_ ding_aM Un)oadim. No foram. shall So load, unT�pen, close or handle boxes, crates, containers, building materials, garbage cans, or similar objects Outdoors between the hours of 10 P.M. am 6 A.M. the following waning as to create a noise disturbance across a residential real property boundary or within a mise Sensitive area. (c) VOICle or MOWrboat Re firs and Testf . No persons repro r, re umodify, or cast aW Motor vehicle, motorcycle, or Mtorbmat either within a residential core in Such a manner to cause a noise disturbance or in any other zom in Such a manner as W cause a mise distur-0aMe Across A residential real property boundary or mbdmdrs within a mise Sensitive area. (d) Powred Man Vehicles, m person .mall operate—or permTt—tw operetibn of pemerM ame) vehicles in a residential tone, in a public space or within a noise sensitive area between the hours of 10:00 P.M. and 7:00 A.M. the following corning. (e) Sound Trucks and Other Devices. No person Shall opeuor. permit upon tae public streets of a sound truth, or other device for producing, reprodeting or amplifying sands witluut a permit. Sec. 24.1-5. MRICM IXSTRUMCMTS MID SIMILAR DEVICES. No person small operte, play or permit the Operation or playing of and drum, musical instrument or similar instrwnt in such a Yaer to cause a deism disturbance or outdoors within a noise sensitive area. Sec. 24.1-6. REGULATION OF SM EQUIPMENT ANO SOUMO AMPLIFYING EQUIPMENT. (a) Except for activities In to the public and for Mich a permit has dean issued by the city. on person shall so Operate, play or Permit the operation or playing of Ary radio, television, phonograph, recon player, tape deck or player, load speaker, amplifier, or other device for producing, reproducing or amplifying scums in any building or upon any promises, public or private or any other seem produc,ng equipment or apparatus. (1) In such ..or as to cause a .1. disturbances or outdoors within a noise sensitive zom. (2) In such wooer as W cause a mise disturbance or outdoors within a mise sensitln tom, when operated in or on a motor vehicle An a public right -of -coy or Public space, or in a boat on public waters. (b) SOund esuiwnt--oerfit rehired. No parson shhilT use, opera4 or Mired. be used or operated any .of.. retard Player, tape deck or player, load speaker, amplifier. sound truck or other device for producing. repmdming, or amplifying Imods, mrsihafter referred W as ^Scum ..mount", upon the public streets Or any ouilming o Open and promises. Public or private, if the sound therefrom m plainly audible across A residential real property boundary from any public street er public Dace within the city, unless Said person: (1) F at ebWfns a permit in accordance V IOM "is eection; (2) COmpHes with the tooditians imposed by the permit, including the maximum PerNtted sound level shown therein; am gpZ-3o 69 3V fs (3) Camj Spend equipment shall Out include: 41) Equipment used for public health and safety purposes; (2) Church or clock carillons, bells or chices; (3) Parades, precessiau or otmr public events for Mich a parade or other permit has Caen issued, provided the conditions Of the permit are complied with; (4) Automobile radios, tape decks or players, r other standard automobile equipment used and intended for the has and enjoyment of the occupants, provided the sound emitting therefrom fs out plainly audible for more the.,50 feet from the vehicle; (5) Recorded music used in a non-residential xoom in conjunction with a civil or religious celebration; _ (6) Una ll tied live music prowl dee; sponsored, or funded, in whole or in part, by a governmental entity. (7) Mobile radio or telephone signaling devices. (8) Car or truck horns or similar devices when used W IMndte danger or A war" Air possible danger. (c) Fees. A Separate peril shall be required her Nth type of Activity described belw. Permits sell be nontransferable. The permit sell be pituously, displayed on er immediately adjacent W the sound egiupmmt. Fees for sound equipment permits shall W established by resolution of the City Council. (1) No fee shall be required for any sound equipment permit issued W the City of low City, Sete of Iwo, or the Federal government or any other govermntal subdivision or agency. (d) Information refired. Application far permits required herein wall be made i writing bo the City Clerk, accompanied by the required permit fee am such information as the City Clerk may require. if the application contains the required information, is accompanied by the required fee, am the proposed use [mites with the rnuirMMts of this subsection, the City Clerk shall issue the appropriate permit. (e) Application stanaares. (1) Type A permit --general standards. A type A permit way be issued for some eW fpment emitting music Of human apmamh reglsterirg out more than W dB(A)'S Yemen measured at the real property boundary of the private residence nearest the Sound equipment and measuring out more ten 100 dB(A) 'z at a distance Of 50 feet from that sound nuipaent. Sound equipment Permitted under A type A permit may of used Only in areas of the city tell for roar -residential use and Only between the hours of 9:00 A.S. am 9:00 P.N. t2) type S permit --sound trucks--exmral standards. SOund trucks may, be pparaW only under a type B Permit. A type B permit may, be issued for souW equip t counted upon a motor vehicle and iMm*eel for w upon it, streets provided tet the same ami,not its only miusit or human speech rigistaring out more than SO d8(A)'s when Insured at a distance of 100 feet free the Sound equipment Sound equipment Permitted under a type B permit may a used Only in non-residential areas am Only from 9:00 A.M. to 9:00 P.M. (3) Type C permit--Parks--general standards. A type C permit may be used for sound equipment emitting Music or human spenh registering out wore than 60 dB(A)'s when measured at the real property boundary of the private residence Mare5t the sound equipment am registering not rare than 100 dot O's when measured at a distance of rz0 feet Jr. the a..M emipment. Smod a it Permittn order a type 0 permit my Of used Only in Aubl is parks owned and Operated by the city, or Public grounds owned and operated by another goverment body, from 10:00 A.X. to 11:00 P . for events aptmrifed And approved by the city or other body having jurisdiction over the park or public grounds. (4) Type D permit --public or parochial school ground -general standards. A type D permit may be issued for Sound equipment emitting music or human speech registering not sure than W dR(A)'s when measured at the real property boundary of the residence nearest the Sound equipment am registering out More than 100 dB(A)'s Men measured At a distance of 50 feet from theound equipment. Sound equipment permitted under A type o mM,t may m used only an school grounds, or in cal? uintion with A school sponagred activity, fr. 10;00 A.M W 11:00 P.M. for events authorized and approved by the school authorities having jurisdiction of the grounds. (f) Commercial aMertising-- sound equfpoent prohibited. No sound nutpeent shall be permitted W the used on puonc streets or public places, in ay but idin9, or ern any promises if the spend will . plainly audible from any puelic street or public piece within the city, Meeh any Such I, for commercial MVertisingpurposes, oe for tam, purpose Of attracting the attention of the public to any 1,01ding or structure for monetary in. Sac. 24.1-2. WTORIZED VEHICLES. (s) NO perann shall Operate or cause W W Operated the wlpile providing time poor. or an ..I If ary expire, of If Iwtor vshicla o1 e Wight in excess of 1D,000 plwMs for a on ttuti Ve period longer than 20 minutes Mule ssfah Vehicle is standing on private property aM located efthin 150 feet of property zoned and, used for residential purposes, except hewn such Vehicle is stbbain,, Within a coule4ly ..).W Wildin,. This section shall Mt apply to delivery or pickup Vehicles that Moire tae Operation of the ergine W unload or load their vmMinq loads. (b) Me person shall drive or mase or cause or xdv,,i qly permit to W driven Or moved • motor Vehicle or combination Of Vehicles at any tfee in such a ..1 as b eieled the fail.IN .fee limits at any time in such summoner as w eaceed the following Mise limits for the category Of motor Vehicle shpsn helps. Moi. shell he moasurea at a distance of at least 25 feet (7.5 metas) free the ,war side o1 the mmerest I.M(s) place, monitored and at e bight of at lmsst 4 feet (1.2 eeters) above the immediate surface. TaCle 1 provides carrectio. Ea Operated! rot. Imvels at dfatonces of less 1Mn M fast. . mr er o-., .rr• w eel .m. r+m (mo, '(brmYN"fes n so i.. bar .,mnx w or eemO.e . (:leen- M deb da .e wr.-aped. broad -Is 1. .1.M N And Mann.[ e. A he UI %,a «[alum Implies the boref'.ree l rs. fb-III'.or .ll.0m M -held- elle u.11 hat . W u I Mall - prubl.l,la to mlOrtsnt Of I' n, ,randonm Pf this loom dew, o .br ven,[I. Ylll.n for .1. [-iNl. flead 1 40 as DRen, .11 .fort money len u �a as hadmax«Ill1 va's- =111. r rhe. by fof M, a, -'as her al., seed lar .,.a andhe pusOn'ball [Phew a .or wPwle be .W[ycle MI..' Mn o .afle0. P .moa. vMicle an wra.d shell . Dle.d ..,1...1.."Wee",-its «cessive on onus., Ise a. MIM Iyumt In move .nilg Prdm. (cel 11 Knt t..,lI., .w - Pull - me _ wn,cles. IN{vldel lr w aule a t9rod, or In an �rs, In osm, revel,rm1�.1M . evate er .I", I- each p.ls".. e[. e. if ass for a reel M . .,dues, ini Par [ ee. i ,n .,1. ePer![was W W I rper,. DI t deri, even i,atl.buN l.eu ra,c,..deed to Il.. ..If u.nwa .[ N. real Inevell, hounds, cal the v,p IPM use '.11 an a.aud .Ies discuss... 9)I., l r�..t or franc have ., a for pari of a Drwn,.. 1.1, event It. ,mol-.. [ se. o, ones r![.'u pNl wh[les on poli[ or w,r.. Dr..rty .[yen,. hems 01 9: W D. h. and grad ..n the ollw,oe.m,p. 3.. N.l-B. MIIMIS. (.) pe as de spell - ...as or .,.d y se,ei. o, '-9. 0' N o, o[M. .... rew.lor s.1 Mm me dos.y duras other an.l Iso Dhrsl.11r ' It.W •I.. Yynrate preverty. ..der, the baa. bird N ether naso . du.b ..r.l ad. ad 1. .i, N..1 [. lupe the sea. been b. .i 1, .hely ...In, ary .. .I.. ,pees. mi[ndessu no w --I,g . abouI eel... proudly I , .,e add, aide or peas, -1.1 is all.. C. u..,I. [lcanna .r a .Lon .n,m v.la offor . in . I. des. aide. same, moped to cars 0, otmmu . nilly. see. 0,1-1. bpINMIC MI INDWARIK PfminbMR sraNWS. (.1 b Wong staff p.lt mine Idea •M [dge.r,al 01 1..1.11.1 hex a lime m t. [nn is n, in.m,, In .tem w caw Irmo 'e.lrim In cable 2. -.at tht t.aci.1 levels spa"llo i.11 be reaK. , 5 man, If at I. dou ry lin of a SP.pdMW a. . Iai Ie w.m,es .m.rreurea. t a I LU D... and I -.0a peas.... at the b.unary I- oI a .1 ides. 11 . ., .. 1111 Paso between Lo urs of arid a... mal a4an P r.P the s(.o' Is In sus forshepopes. OF anne.11, [o in.mltr add I.quo., of sou., the'oub ideal.ter, t. Muva.N a.ly.er am W impact .,as analysed spell . coloym. I. flat _ .. and W Ialt.ce, -Spon. of to supe Here) won, shall be used SwMs of very short duration. an IM lesee ee..1...mn Pre-, aM w.l s. smith -.1 ....curably .i. the W. lure, C.,, .11 or muse.. bredt. iq.c[ .,' ..,Yaer. nwa ...."a'. [a,Ie..w r. Lw cmc,,do abWerb1.1 lu.,.. s[m 0, .'I- S..am s, anonve Fndwm,es Ior Kous[r[a w ntsl anal, asused If w uele .ia sodas. Bard, Preferred 1r.uabdes.' a.ve bane .,ran .,Io..W . ,v 1Iw 510[seve .., (Un United era ves.0 x111. sonce"n the pules ...e "RIM vena. pane -196..• ,ed 24. 1-10. POWERS MJ WllfSOP IR WISE COWOU Off,CCP. (41' Her eel. ei.l .uerw .lush my NI' owever spell o iyI. gN.ured. W .forth by the mI- dr I . car .o WI, . wt .,Mn or fi1 .l.Ica d..ol ute, +.11 hon. he Ws.O'ul .ser to; ill Co., n do-1.11na, .M star,. atW,.• -- l.so b,w.en� 42) d11mMt jrve raw o1 .."P ad"Pa'm repralnp tea {�a1 and .,,n,. of .Puna or o and .Mrll .itMp. al tatslR at [tlnnl 01 rc -11 as YF action, proeld". a chepta, ✓ eve arocouditas Ior rartln, rlol�tla ()) Ce Peal tae m ca1tM Ktivltl.s oI all can [i%I awroments. (4) Mvl« Public add belvate anJ.Cts, ill[1Wilp tow sualect b unatory MOW or amedual he, Other aa.rbfnn, or .,in tors thaws. 11 theca. Droncls Ideal" w caw. SOWY 1. u .,nll- of cal. [hour. (5) Poon onwnutlu, of broader crNentols, boor ati wanted .mss,- by t , . person calm yp•net w ly b.11a iM .cadent of lee -natal. If bns.nt b 1 le .,,deem br am xnen or canons surd ohep• •hey sten[ . or p1n ,,+ shll la•l er healat. •rtH .f.ntatiM Y1 a surto -lot. U br0urlr unl[ entry tuT• Or to ol,pr or the aNaor 01 Ineu[tlpl ,M uwlnUu Wnnnt of tee Dnrlslbs Mmni (e) Inca I. u."mn[es pursomt b the "OvislW o1 .I, [hepar. (7) ar.are, rrcenndeatlom lar c nlaraLlpn Ey the cry door[, I, after puenutmn of mem. ande hall[ uarinpVe lo.a` uell•rie, tea OOununes o1 rules (a) Dealer ua Veyfor W µes. M eelelI ,doubtless,,doubtless,pled"does. mC bbe [I...1, paHN-.la •Nolo Sensitive,aro I'" the Or be I. rmcauda xtivitiu( wtunln. laufalY y Include: but . mt 11.1. u uW is. llbr.rl.s.(eunbs. Inical l ousMslrpmass. as (9) e1N •r cover[ Inn •M I,." .0� aaJamm not or ns-WlytnContr0lled by Per Pelee as Plod bedaub en Moo property the a Wl M E.W. 110) aapin brtlf Wou,.um le abuse M aNw w a OYMr aubliflw hew pec . ... for .0 W. wmo we. 5e[. N.l ll. MPMMl11aL Cilwlf. rt spoofed, .1 Problems as se Paartner the ",1, of ty,l ew"', Mt tMl. L[. 211-12. SdIXD VMibPtfs. (a) To mdse control officer all Mve t. «tlmity, .•fet.t rub Nus .Noon, b went souM Yahoos fru W doo,rumonts PI to,, lost r. (cel ivali 111. soon t0ee... call- .,In tufat, lClne: - To anli[ul- +call .Main Inlar.l,m en"I aO6t[tlxx that e.lnlna Ica a.- of +euw or -drily for .0 I... r spat lm0 [ lwith, We Made., nulla [wnµanns tftule . wMl. NgFnlp so co aµ11.«t. m boxL.lty. - older.nace. sb .pu.Hm amu ..[upnl aeb or a lea In the. bot established by t. tit, bmcn by n.wuPn. IM lµ spell but. nfunaal._ (d) ID a.n Mr, .1.1 u want. and. 01 nrue tam (e1,.t,O. [a m [-tml suede, shall is. lam MmaMp de to .1,,.nt, [ axil,. a. ~ . r+ -s 01 m allwle, 1..W[.r, me awi.trma scene I.rt M for Public. s.l." mon MUan. M Persons .II. W. the andel. ,.•[t Il.W, aw for other anuli Impact' PI al Mod -0r We dn0 d aeplicar. for scon. 1.11W. .d bens. (muss" s0uo .rumt• YY me POWirof t uatt aM'w re tlm as .Y -1.1.1y as Mo.a bppllun4 are tµ1 red b ales .111.1 certified YII (t) the dnlanc.., nl.aW+,n an..nom colalur .1 Includes lam ont ho his Ia any au[I1m. PI W..ING]MI Iw of tne mIN spec.. M,Wvw Is I.". or_ - (2) t« «.r . rope, 01 .Itlp[t familyNerN.. ...... owls, MM'. such In arbntly 01 anyfna an boull-Il- 01 If Pevallne uDuna r e bdra-ully pranced. LM mdse cu lel u,dbr .Mill Plate o baddll[ Ill. a door o1 thea OMuw I. t s I.,wuncma, ",I" P rerou,g t. •esund .:.ince. (d) Pum rmb.es spell . w.W . -111. iP the apDn[mt cmb.1. al) de[essbry bmtldna, Includdres u« 11.11 m il thda" .car,[+. la rashall nut , of ` n 1uaa Iile�l Nalhe .iseC [oral 0ln[bir. any [ naluan PI tPu s.M uarlmn +nal caul N and andsbux,., c Orurewlatln9nato source to tMr os: air dor .mr¢ya[I., Mlde '.. .M 1 s clan. Turbines'. 'or mn-loud," m. a` r lc n+ P a.e .1. Sect,on 2 -dude. (m r h,,y e.oe ds. of full Col. Y[. zll.u. EMMA DATE. 1nu ornma die shall. - .Il.[t WOn Ica yu Datrw, r,vl a. pati-tn Ie u.ram..", 1«. sed ..-1.14. SEYEWILITI 01 M0YISIpn3. Each .anion, and for and an b101I11Pn. el m ip pens of < ary Other sxtlM 4M a y m r I 5 M N lrtY PI any er.l, hall Pt ��rni oda a mr, other session of prop-dn. SecN-1. 13. R 11" .II P,al.ncu o1 pall, 01oNIf bodinru dermn nM y.pa.ird..,to [lerde.'ri. ,c�Tfd, 91-71a), n-13'. a. ZO-N PI .Is Co. RW1Y, r (sI ar al lba.our sec}ba . tans'.d hies o1 Se of to" une IT b 1.9 of Nls Lice. (a) Each Insane of .doling, OI a e PI + .I s Oveleade. Indi bu Pass.ta. f... Ys. 24.1-11. MOITIOIML PEENEADE . any violation 01 the DmrlsSMs o1 Nls o.lm.. Is sews and a[lana he as a .M a may o luded. . i.. noyai be s m".i., ower . in)rr[ytlme ,a+PM ay, t. 0isirf[t cal Passed a. approved ,,�Innyi�I�s�,��-�lhod''� by.1'Ja-, Isso��.�� /�`yp pdY.,LU4 WNmMemM�. ailF51: ClA_S_ �/11Mr1Rly�w��• N'U�X JM 30, MR ORDINANCE NO. 82-3069 ORDINANCE AMENDING SECTION 35 OF THE IOWA CITY MUNICIPAL CODE BY REPEALING ARTICLE II, TAXICABS, �. AND ADOPTING A NEW SECTION IN LIEU THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Code of Iowa City be and is hereby amended by repealing the language of Article II. Taxicabs, of Chapter 35, in its entirety, and substituting the following language: ARTICLE II. TAXICABS Sec. 35-16. Definitions. The following words and phrases, when used in this article, shall have the meanings as set out herein: CITY MANAGER means the City Manager or his/her designate. DRIVING PERMIT means a card or badge issued by the City Clerk to each taxicab driver authorized to operate a taxicab. HOLDER means a person to whom a driving permit or license has been issued. LICENSE means a decal issued by the City Clerk which must be attached to each taxicab for identification. RATE CARD means a card provided by the license holder for display in each taxicab which contains the rates of fare then in force, including discounts. STREET shall mean any street, alley, court, lane, bridge or public place within the city. TAXICAB shall include all vehicles furnished with a driver and carrying passengers for hire for which public patronage is solicited within the City of Iowa City, Iowa. Automobiles used exclusively for hotel or motel business shall not be considered as taxicabs within the meaning of this paragraph, nor shall vehicles commonly known as "rent -a -car", for which a driver is not furnished, be considered as taxicabs, nor shall buses operating over a fixed route in the city be considered as taxicabs within Ordinance No. 82-3069 Page 2 the meaning of this paragraph. Charter transportation provided with or without drivers on a contract or lease basis with an organization or person(s) for a prearranged fee shall not be considered as taxicabs within the meaning of this paragraph. In addition, vehicles owned or operated by state or local government entities which provide transportation to the public shall not be considered taxicabs. TAXICAB DRIVER means a person authorized by the City to drive a licensed taxicab. Sec. 35-17. Name of company to be painted on vehicle; size and location of lettering. Each taxicab shall have the name of the owner or the operating company thereof painted plainly in letters at least two (2) inches in height in the center of the main panel of one door on each side of the taxicab. Sec. 35-18. Distinctive color scheme required. Each taxicab shall be finished in a distinctive color, either in whole or in part, so that it may be readily and easily. distinguished from other vehicles as a taxicab, which color scheme shall and must at all 'times meet with the approval and requirements of the City Clerk. Sec. 35-19. To be equipped with interior lights. Each taxicab shall be equipped with an interior light of sufficient candlepower to amply illuminate the interior of the taxicab at all times. The light shall be so arranged as to be easily accessible to and operable by passengers; however, interior lights may be disconnected at any time after sunrise and before sunset. Sec. 35-20. Driving permit, identification card or badge with name and photograph of driver to be worn. Each taxicab driver, while operating a taxicab in the city, shall prominently wear on his/her person the identification card or badge showing the full name of the driver and his/her photograph. The card or badge shall be provided by the City Clerk. 93 Ordinance No. 82-3069 Page 3 Sec. 35-21. Disclosure of rates. The driver of any taxicab shall disclose to any person so requesting at any time during or prior to the hiring of the taxicab, an estimate of the amount of fare to be charged such person for the hiring of such taxicab. This estimate shall be as proximate to the fare charged as practicable but in no instance shall any driver of any taxicab charge a fare in excess of the estimate so given plus an amount equal to the one-half (h) mile charge. Sec. 35-22. Rate card to be displayed and provided to passenger. Each taxicab license holder shall prominently display in each taxicab a fare rate card visible to all passenger seats and each taxicab driver shall provide a copy of the fare rate card to a passenger, when requested. A copy of the fare rate card shall be filed with the City Clerk. Sec. 35-23. Receipts for fare; contents. Upon request, the taxicab driver shall deliver to the person paying for the hiring of the taxicab, at the time of the payment, a receipt therefore in legible type or writing, containing the name of the owner of the taxicab, the city license number, and any items for which a charge is made, the total amount paid, the date of payment, and the signature of the driver. Sec. 35-24. Right to demand prepayment of fare, obligation to carry passengers. The driver of a taxicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid, but no driver shall otherwise refuse or neglect to convey any orderly person, upon request, anywhere in the city unless previously engaged or unable to do so. Sec. 35-25. State chauffeur's license required. No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the City shall be so driven at anytime for hire, unless the driver of such taxicab shall have first obtained and shall 9$z Ordinance No. 82-3069 Page 4 have then in force a chauffeur's license issued under the provisions of the State Code. Sec. 35-26. Driving Permit for Taxicab Driver. No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the City shall be so driven at any time for hire, unless the driver of such taxicab shall have first obtained and shall have then in force a driving permit issued by the City. Sec. 35-27. Application. Each person desiring to drive a taxicab shall file an application for a driving permit. An applica- tion shall be filed with the City Clerk upon forms provided by the City and such application shall be verified under oath and shall furnish the following information:, (1) The name and address of the applicant. (2) The experience of the applicant in the trans- portation of passengers. (3) The applicant's certified driving record. The City Clerk may issue a temporary driving permit pending receipt of the- applicant's certified driving record. In no event shall temporary permit exceed 30 days. (4) The applicant's record of convictions of misdemeanors and/or felonies. (5) Currently valid Iowa chauffeur's license. (6) Such further pertinent information as the City may require. Sec. 35-28. Issuance of driving permit. The City Clerk shall issue a driving permit to each applicant when the Police Chief determines that there is no information which would indicate that the issuance of such permit would be detrimental to the safety, health or welfare of residents of the City. Ordinance No. 82-3069 Page 5 The basis for refusal to issue a permit may be based upon an adverse driving record and/or conviction of other crimes. Sec. 35-29. Taxicab License Decal No taxicab shall be operated upon any street, alley, court, lane, bridge or public place within the City unless the owner of such taxicab shall have first obtained and shall have then in force a license decal issued by the City Clerk. The decal shall be attached to the lower lefthand corner of the rear window of the taxicab. Sec. 35-30. Application. Each owner of a taxicab shall file an application for a license with the City Clerk upon forms provided by the City and such application shall be verified under oath and shall furnish the following information: (1) The name and address of the applicant. (2) The experience of the applicant in the trans- portation of passengers. (3) The applicant's driving record. (4) The applicant's record of convictions of misdemeanors and/or felonies. (5) Such further pertinent information as the City may require. Sec. 35-31. Issuance of license decal The City Clerk shall issue a license decal to each owner when the Police Chief determines that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of residents of the City. The license decal shall be non-transferrable as between vehicles and owners. The basis for refusal to issue a license decal may be based upon an adverse driving record and/or conviction of other crimes. Sec. 35-32. Liability insurance prerequisite to issuance. Ordinance No. 82-3069 Page 6 (a) As a condition to granting a license required by this division the person seeking such license shall file, in the office of the City Clerk, a motor vehicle operator's liability insurance policy, executed by a company authorized to do insurance business in the state, in a form approved by the City. The minimum limits of such policy shall be as set forth by City Council resolution. Each policy shall contain the following endorsement: "It is understood and agreed that before the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Iowa City, Iowa, will be given ten (10) days prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obligation of this policy shall not be affected by any act or omission of the named assured, or any employee or agent of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the assured in payment of the premium,. nor in the giving of any notice required by said policy, or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity, or inability of the assured." (b) The failure of any license holder to maintain such policy in full force and effect throughout the life of the certificate shall constitute revocation of the license_ Sec. 35-33. Mechanical inspection prerequisite to issuance. Each applicant for a license required by this division or a renewal of such license shall submit with his/her application proof that all motor vehicles used as taxicabs conform to the require- ments of mechanical fitness as set forth in the Code of Iowa. Such proof shall consist of official certificates of inspection issued pursuant to state law. The Police Chief may require the holder of the license to provide a current certificate of inspection whenever it is believed that the subject taxicab does not comply with all applicable requirements of the Code of Iowa. Ordinance No. 82-3069 Page 7 Sec. 35-34. Fees. No license or driving permit shall be issued or continued in operation unless the holder thereof has paid a fee as set by City Council resolution. Sec. 35-35. Suspension or revocation. (a) The City Manager is empowered and authorized to revoke or suspend any license or driving permit issued under this division whenever: (1) The holder has failed to comply with any provisions of this article, or (2) A fact exists which would have been a ground for refusal to issue a license or permit, or (3) The holder's service to the public is so inadequate or insufficient as to adversely affect the public. (b) A license or driving permit may be suspended or revoked by the City Manager upon thirty (30) days notice. Such notice shall: (1) Be in writing; (2) Include a statement of the factual circumstances relating to the action taken; (3) Include a reference to the particular section of this article involved authorizing such action; (4) Allow a specific time for the performance of any act to remedy the existing situation; (5) Be delivered either by personal service or sent by certified mail, return receipt requested; (6) Include a statement that the holder affected by such notice may request, and shall be granted a hearing before the City Council. The notice shall further state that a failure to request a hearing by filing a written appeal with the City ?0 Ordinance No. 82-3069 Page 8 Clerk within ten (10) days of service or mailing of such notice and order shall constitute a waiver of the right to a hearing and that such notice shall become a final determination and order. (c) Any holder affected by any notice or order may request, and shall be granted, a hearing on the suspension or revocation before the City Council, provided the holder files with the City Clerk a written petition of appeal within ten (10) days of the date the notice was served or mailed. Any petition so filed shall state a brief statement of the grounds upon which such appeal is taken by the City Manager until final determination by the City Council. Failure to request a hearing within ten (10) days of service or mailing of a notice shall constitute a waiver of the right to a hearing, and the action taken by the City Manager shall become a final determination and order. (d) Upon receipt of the appeal, the City Clerk shall set the matter for public hearing before the City Council no later than thirty (30) days from the filing of the appeal. Notice of such public hearing shall be pursuant to state law, with written notification to the appellant. (e) The hearing of an appeal shall be open and informal. The hearing may be continued by the City Council. (f) The City Council shall render its opinion within thirty (30) days of the close of the hearing. The decision of the City Council shall be a final determination and the appellant may seek relief therefrom in the District Court of Iowa as provided by the laws of this state. Such decision may consist of: (1) Reaffirmation of the original decision to revoke, suspend, or deny renewal of the license or permit or (2) Deletion or alteration of any part of the original decision, or (3) Reversal of the original decision by reinstating or ordering the renewal or issuance of the license or permit. 79 Ordinance No. 82-3069 Page 9 Sec. 35-36. Term; renewal. Permits and licenses shall be valid for a period of one year from date of issuance. Renewal shall follow the same procedure as set for initial issuance. SECTION I. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION II. 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 III. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 6th day of July, 1982. It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH _ x MCDONALD x NEUHAUSER x PERRET First consideration 6/8/82 Vote for passage: Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. 1406 Ordinance No. 82-3069 Page 10 Second consideration 6/22/82 Vote for passage:Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Date published 7/14/82 R"6111 tl A Aporevjw ey The Ril 6=�aH� nt /to/ CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No.82_806g which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the fth day of, 19� , all as the same appears of record in my office and pub ished in the Iowa City Press -Citizen on the 14th day of July , 19 82 . Dated at Iowa City, Iowa, this 12th day of August , 19 82 7%Zz �2 4".,cr its MARIAN K. KARR, DEPUTY CITY CLERK 1 Printers fee S� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att�,c,,hed,"was published in said paper �tim/�eis), on the fol- lo7 date(s)- 71 ot 2 / % Cashier rSubscribedsworn to before me f A. D. Notary Public ,." tp SHARON o tAt t OFFICIAL PUBLICATION oRD11UNCE NO. 02-3069 OROIMANCE ANENOIRB SECTION 3S OF THE INA CITY MUNICIPAL CODE BY REeFALING ARTICLE 11, TAXICABS, AND ADOPTING A NEN SECTION IN LIEU THEREOF. BE IT ORDAINED BY THE CITY COUMIL OF TME CITY OF INA CITY. INA: The Code of low City be and is hereby ~fid by eastali0, the language of Article ❑. laxicabs, of Chapter 35. in its entirety, and substituting the following linguaiie: ARTICLE II. IAXICABS S.C. 35-16. DeRhitlOm The following mores and phrases, toren used in this article, shall base the meanings as set out herein: CITY MANAGER moans the City Manager or Ms/Nr designate. DRIVING PERMIT wan a care or badge issued by the City Clerk to each taxicab driver authorized to Operate A taxicab. MOLDER bans A person to Moe a driving Permit or license Ms peen issued. LICENSE aeons A decal ivsuee by the City Clerk Mich must be attached to each taxicab for idencificatdon. RATE CARD means A card provided by the license holder for display in each taxicab Mich contains the rotes of fare than in force, including discounts. STREET shall meaa„Y`street, alley, Court, lane, Wdge or pulp l icp l ace within the city. TIBIICAB shall include all rani c l as furnished with a driver And carrying passengers for him for Mich public patronage is solicited within the City of Iowa City, lows. Automobiles used exclusively for hotel or total puAmn shall not be considered as taxicabs within the meaning of this paragraph, nor shall vehicles cotoonly known a rent -a -car", for Mich a driver is mot furnishmt. The considered a taxicabs, nor small Mums operating over a fixer rouft in the city be considered as taxicabs within the AwmfN of this paragraph. Charter transportation provided with o without drivers o contract or lease basis with an organization or persons) for a pre -arranged fee shall rot be Considered as taxicabs within the meaning of this ragmN. In etdition', vehicles owed Or operated by state or local government entities MiCh provide transportation to the public shall het be consideree taxicabs. TAXICAB DRIVER means a person authorized by the City to drive a licensed taxicab. ,e . e, size Mame a on of l to N pein[M on sehicie; size aha location of lettering. Each taxicab shed have the name of the owner or the operating company thereof painted plainly in letters at least tow (2) ircMs in Might in the enter of the mein Nmol of one door on each side of int taxicab. Sec. 35-Ul. Distinctive color scheme inquired. Each taxicab shall N finished in a distinctive color, either in whole or in part, so that It uy be reaptly and easily distinguished from other remcles ae I taxicae. Mich color acname shall and must at all times at with the approval aha requirement, of the City Clerk. Sec. 35-19. To M equipped with interior lights. Each taxicab shall be equipNd with an Interior light of sufficient cmndlepowr to aWIY illuminate the Interior of the taxicab at all times. The light shall be so arranged as to be easily Accessible to also operable by passengers; however, Interior lights may W disconnected at any time after sunrise aha before sunset. Sec. 35-20. Driving pemit, identification card or badge with name and photograph of driver to be Esch Taxicab driver, Mile operating a taxicab in TM city, shall prosimently wen, on his/Mr Person the identification card or badge stowing the full mer of the driver and his/her photograph. The Carol or badge shall be provided by the City Clerk. W. 35-21. DisC101.1 of rates. The driver N am taxicab $Mil d15c IPM to AN Sol -3,969 OFFICIAL PUBLICATION PeYsrl N rmawstiN At Army tis deri rlfnp or prior To the hiring or the taxicab, an estimate of the amount or fare ta be charged such person file the hiring Of such taxicab. This estimate atoll M As proximate to the late Charged es practicable but in he Instance shall any driver of any taxicab crags, a fare in exs of the estimate so given 91" M Amount annual to the one-half (4) mile charge. Sec. 35-22. Rate card to M displayed and provided to passenger. Each taxicab 11cenN holder shall promioaddly display in each taxicab a fare rate card visible M all passenger seats aha each Taxicab debar atoll provide a copy of the fare raft card to a Pessamger, Men rtglested. A CM of the fm rate card shat l M filed with the City Clark. Sec. 35-23. Receipts for fare; contents. Upon request, the taxicab driver shall 411wr ta the Person pa,,,q for the hiring of the taxicab, at the time of the payment, a receipt therefore in legible type or writing, containing the Ns of the weer of the taxicab, the city license number, and AN Items for which A charge is made, the total amount paid, the date of payment, aW the 119nature of the driver. Sec. 35-24 Right to demaM prepaysnt of fare, obligation to carry passengers. The driver of a taxicab shall have the right to demand payment of the legal fare in advance and mer refuse elploylent unless sp prepaid, but no. driver shall otherwise refuse or neglect to Convq any orderly person, upon request, anywhere in the city unless previously engaged or unable to do so. See. 35-25. State chauffeur's Il Cense requi rhe. No person lml1 operate a taxicab for hire vran the streets of the city, aha no Person who ams or controls a taxicab shall permit it to M so driven, aha he taxicab licensed by the city shall be so driven at anytime for hire, umleas the driver of such taxicab shall have first obtained And mall MY. then in force • chauffeur's license issued under the peal atone of the Staft Cede. Sac. 35-26. Driving Permit for TOXIC& Driver. Ne Nrson shall operate a taxicab for hire upon the streets of the city. And he parson who moms or Controls s taxicab shall Permit it ta M sq driven. And he taxicab licensed by the City shall be so driven at any time for hire, unless the driver of such taxicab shall Mw first obtained and shall Mva then in force a driving Permit issued by the City Sec- 35-27. Application. Each Person dealring to drive A taxicab shall ft an Application for a driving permit. An Appli tion atoll he filed with the City Clerk upon f provided by the City aW such application shall - verified under oath also shall furnish the fp, information'. (1) The nmea aha scull of the All CAN l lican (2) The experience of the applicant in I Nrtation of passengers. (3) TM applicant's Certified driving r City Clerk may Issue a tayoro Permit Nhoin, receipt of the app11CNt's certified driving record. In no event shall teyorary Nrwit eacted 30 days. (4) The applicant's record If m,rvict)orm of .,awwwors ../or feloni.. (5) Currently valid Iowa chauffeur's license. (6) Such further Nrtinent information as tM City may rewire. Sic. 3548. Issuence, of driving parmtt. The City Clerk small issue a driving permit to each Applicant Men the police Chief Ntermim that them i, M infprmttion Mich ..To indicate that the issuance of such permit wax to M detrimental M the safety, health or wlfam of residents Of FIAT City. TM Ms for ling meissuewoe corrvimit wit �irl a mm upon ann ael driving ccaN other crimes. Sic. 35-29. Taxicab License Decal M taxicab shall M aerated We any street. alley, court, lane, bridge or pWlic platy Within I" City unless the Deer, of such twicab shalt have 15cNNrat�ahLsswdiamell and sel by the City Clerk IRA Meal .MlI M attached M the Isar leftmaM NeMr of OFFICIAL PUBLICATION OFFICIAL PUBLICATION Sam rear windw of the taeicab. Sat. 35-30. Application - tion ,M, 6 license wer of a ith the the Shallfile Klerk Igoe dans pravided by the City and such application Shall be werified under path and shall furnish the lallming IaforMtion: (1) The name and address of The applicant. (?) Apo teiexperience tioni of a of therypplicant in the trans - III) The applicant's driving record. (a) tsceanorsand/orefelonies. nnfl nOf 'onictio o of mde (5) Such further pertinent intonation as the City M,, re"re. Sec. 35-31. Issuance of license dacal The City Clerk shall issue a license data) to each Owner rlMn tM police Chief determines that there is am Information which mould indicate that the 1".. would M detrimental to the safety, health r welfare of residents of the City. The license MC4I Shall be non-transerrable as between vehicles and owners. The basis for refusal to ,saw a license pNa1 My he Msed Won an adverse ceiving retard aha/or conviction of other crimes. Sac. 3}32. Liability insurance prefequisie to isaumeca. (s) )tp !division the Peron Los n seeking a nglicense suchrl�ense shall file, in the office of the City Clerk, a actor Mallo)a operator's ITabllity Insurance policy. MMutM by a company authorized to ce insurance auaimefs in the state, in a fon kproved by the City. The nnimme limits of svch PeII[Y shall be M Set forth by City Council resolution. Each policy IN 11 eMuiI the fol incl lg endorsRnt: Mtice. Such notice shell: (1) M in writing; (t) CMCau[suMes relatingiO w the lhe factual action taken; (3) Inclu arefaITTrcis• write Inv Parti ncluocular Such .... lllp such action; (a) AT Imo a specific time for We performance of any act to repel, the existing situation; (5) B<either bytelrerertif ed mei to return sanaf rec vice or t byeeipt requested; (6) Include A affected Oy such notice t ceSay rei M [,IS shell be ggrranted a Marling before the City Council. The notice $Mil further etau Nat a failure to rpuest a hearing by filing a written Appeal with the City Clerk within ten (10) days of service ter Maung of such notice and order shall constitute A waiver of the right to a hearing aha that such notice $Mil beton 'A final determination and ohuer. (c) MY holder affected by any notice or order My request, aid $Mil be granted, a Marine on the suspension Or revocation beton the City Cpoofl. provided the holder files w10 the City Clerk a written petition of appeal Welkin the (10) days of the date the hence was served or Miler). Any Petition o flied shall scale a brief statement of the growls upon which such aappppeeal is taken by the City Manager until III M1 celehlnation by the City Council, Failure le requests bearing within ten (10) days of sent0f the IUni of S to a --ill-hearinShall constitute a yy the tion taken by the City Manager shall become e final determination aha ardar. "It is uederstood and ee agrd that before the (d) Upon receipt of the appeal, the City Clare insurance policy to whim this endorsamen[ is Shall set the Mtur for public hearing before the attached MY he luspeedWtiC. fd or Cancelled the City Council no )aur Loan (30) days from City of Iowa City, ]ova, will he given ten the filing of the appeal. Notice of Such public (10) days prior written notice of such hearing Shell M pursuant w state les, with proposed suspension or carcellatlon. It is written notification w the appellant. Farther understood aha agreed that the Obligation o1 this policy shall Oat be (e) The Marilg ofas aPeMI shell N open aid alfKud by any act or deusslah of the named infornal. The Irarl rg My 0m continued by the City •ise.ea, or aha meploy. or agent of the named Council. insured, with respect to my condition Or rapairewent attached thereto, or by any (f) TM City Council shall rencer its opinion ,.J.,onartllin athered in givi n9 Apo Y nts otice hearing. f the within thirtyTh. decision d.1 sthe CitOf y tyCouncil zhall close of tbe ransired by said policy, o otherwise, nor by a final determinatf on and inn aDDel cant may srak the death, inolverny. rbankruptcy, lege) relief therefrom in [vee District Court of Iwo as i.pac ity, or inabl lit, of the assured." provided by the laws of this state. Such that 111-0 may cogsISt of. ryVffirsi of oke Suspend�lne deny re way of nth license or Permit or renewal (2) gelation or alterati-n of any part of the Original decision, or (3) Reversal of the original decision by reinstating or pfbring the ronsel ter Issuance of the license or permit. _ Sec. 3$-36. Ten; rellewl, failure ain such Police infull forclicense eed saffect d throughour is t this life of the certificate shall constitute hey""ibn o1 the license. W. 35-33. Mechanical inspection prerequisite to Issuance. ' Each applicant for a license requlred by the division or a mn i of such license snail 1uMi .,in his/her application proof that ail per vehicles used as teaicos confan to the rpuiv- MM nts of CMnical'fithess as set forth in the Come Of Iowa. Such proof shall consist of official permits aha licenses swell he valid for a period of certificates of Inspection issued pursuant w state ppm, year from date of issuance. R..] shall I., The Police Chief My require the polder of the follow the spore procedure es at for initial license to provide a ct"nt certlflcate of issuance. inspection whenever it is believed that the subject Iasi does not comply with all applicable SECTION I. REPEALER. A)1 oedfinetes and parts of , nqulrements of the Cade of Iowa. rdinuesims in conflict with the provision of this Sac. 35-31. Foos. ordiNM< ere benby repealed. ha licanse or driving Permit shall M Issued or SECTION It. SEVERABILITY. If Sly sfction. w cantied in operation he .less tbelow, thereof Prov s on or Pert o the tbit llce aneli M Ms peed a the as set by City Council e+solUtian, adjudged to be invalid or kwM1titUti.NT; such ajudication shall oo[ effect LM validity of the Ordinance es a whole or any section, provis n part thereof of edjadged invalid or unconstitutional. SECTION III. EFFECTIVE MTE. This Ordirei IN n [ xt a ter its 11X1 passage, approval aha publ lUti On is requt rhe by TO. Sec. 35-35 5usPeoslon ar revoatian. (a) TM City manager If licensev,driving hDenit So mdo or Suspthis di division wMnver: IsfYad.Yllder (1) provisions of failed article, or with any (2) A fact exists Mich would have been a ground for refusal le I.$I. o license or permit, or Passed and approved this 6th day Of July, 1982 (3) The halite's service to the public is so I Ndequaca or insufficient as u adversely affect the Public. ATTEST: l (voltebyndriving the C LV IIselasene�Susanna" o. thirty red (30) days C July ld, 1982 8a'3oef .,2y.7— OFFICIAL rZet.7— ORDINANCE NO. 82-3070 ORDINANCE AMENDING LOCATION OF ROSE ALLEY. WHEREAS, Ordinance No. 76-2806 named Rose Alley as lying between Lots 2 and 3 and Lots 22 and 23 in Kauffmann's Addition, and WHEREAS, the above location is the incorrect location of Rose Alley. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. That the correct location of Rose Alley Ts the alley lying between Kauffmann's Addition to Iowa City, Iowa, and Subdivision of Oakes' First Addition to Iowa City, Iowa. SECTION Z. This ordinance will be in full force and effect when published as provided by law. SECTION 3. REPEALER. All ordinances and parts'of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. 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 unconsti- tutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 6th day of July, 1982. U VLfii v M OR Reee}ved & Approved By The Legal Department Ih Z It was moved by Lynch , and seconded by Perret , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: First consideration XXXXXXXXXXXXXXXXX Vote for passage: Second consideration XXXXXXXXXXXXXXXXX Vote for passage: Date published 7/14/82 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Lynch, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. /0-3 CITE CIF 10W/ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) 3 SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. R2-jn7n which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of, 1112 , all as the same appears of record in my office and pub ished in the Iowa City Press -Citizen on the 14th day of July , 19 82 . Dated at Iowa City, Iowa, this 12th day of August , 19-3Z. :4z 7__ �� MARIAN K. KARR, DEPUTY CITY CLERK Yj Printers fee $ 0 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at ached, was published in said paper (Oirw "" timels), on the fol- low' g datelsl' 1� �, l e a. l9. Cashier Subscribed and sworn to before me this 9—a day of _1 — A. D. ts\�Z. (J 4 Notary Public N0.)JS (76 d •. SHARON S�UBBS ra' OFFICIAL PUBLICATION ORDINANCE X0. 82-3010 ORDINANCE AN WIM LOCATION 9 ROSE ALLEY - B REAS. Ordinance No, 76-3806 laze Rase ARey as lying beteaan lots 2 am 3 and Lots ER aha 23 in 6auffeann's Addition, aha WHEREAS, the above location is the Incorrect location of Rose Alley. BE IT ORDAINED BY THE CITY COUNCIL OF IMA CITY, INA: SECTION L That the correct location or Rose Alley s [T ie a7TW lying between Naur rMnn's Mdltion is Iowa city, lova, aha Subdivision of Oates' First Addition to I.. City. lava. SECTION 2. This ofdlnance vill be 11 lull force ais_ei a LMen published as provided by law. SECTION 1. REPEALER. All ordinances CIN part. of rd, a F.Fit" In [dict seftn the proeis len of this ordinance the hereby repealed. ACTION a. SEvfRNIL1TY. if any section, prWv slon or part of the Ordinance shall be adjudged to be invalid or unconstitutiodal, such aj udicatlon shall Trot affect the validity of the Ordinance as a shale or any section, •provision or part thereof not adJudged invalid or umanstl- ' tutlonai- SECTION 5. EFFECTIVE DATE. This CrdinuKe shall be In a econ �7 LTert ^i E6 7i1w1 passage, approval aha publication as reRNifed by lay. Gassed aha approved this Ern day of July, 1982 c el,l July 14. 1982 c ORDINANCE NO. 82-3071 ORDINANCE AMENDING CHAPTER 5 BY ADDING A NEW SECTION 5-10 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to prescribe. closing hours for certain establishments which sell alcoholic liquor or beer, to prohibit presence on said premises by unauthorized persons when said premises are required to be closed, and to regulate additional hours when certain establishments may remain open for business. SECTION 2. AMENDMENT. Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new section: Section 5-10. Hours of Business. (a) "Closing hours." Subject to the provisions of Section 5-10(d), the following closing hours shall apply to any and all premises covered by a Class "A", B", or "C" liquor control license or Class "B" beer permit under this chapter: (1) Said premises shall be closed for business between the hours of 2:00 a.m. and 6:00 a.m. on any weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday; however, premises covered by the holder of a liquor control license or beer permit who has been granted the privilege of -selling alcoholic liquor or beer on Sunday may remain open for business between the hours of noon and 10:00 p.m. on Sunday. (2) For the purposes of this chapter, "weekday" is defined to include Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday. (b) "Other uses." No premises described in Section 5-10(a) shall be used for any commercial, recreational, entertainment, or other use or purpose between the hours said premises is required to be closed as provided in this chapter. (c) "Presence on premises after closing." It shall be unlawful for any person, nor shall any licensee or permittee under this chapter or his/her agents or employees permit any person to enter or remain on any premises described in Section 5- 10(a) between the hours said premises is required to be closed for business as provided in this chapter except that persons already in said premises at time of closing shall be allowed an additional fifteen (15) minutes to depart; however, the licensee or permittee and his/her agents or employees may be present on said premises after closing for the purposes of cleaning, maintenance, or performing other necessary work on said premises. (d) "Additional hours." The City may authorize by resolution of the City Council that any establishment holding a Class "A", "B", or "C" liquor control license or Class "B" beer permit for whom the sale of goods and services other than alcoholic liquor or beer constitutes fifty (50) percent or more of the gross receipts from the licensed premises may remain open additional hours beyond the hours prescribed in Section 5-10(a) but only for the purpose of selling goods and services other than alcoholic liquor or beer. To apply for such authorization, the licensee or permittee shall submit a written and verified application to the City Clerk, upon a form provided by the City Clerk, listing certain 10. information including the following: 1) total gross receipts for the past 90 days from the establishment, 2) gross receipts for the past 90 days from the sale of alcoholic liquor and/or beer, and 3) additional hours requested to remain open. Said application shall be accompanied by copies of the establishment's most recent federal and state income tax returns and annual sales tax report. In the event that the applicant receives authorization to remain open for additional hours, the applicant shall file with the City Clerk on a quarterly basis a written report, upon a form provided by the City Clerk, setting forth gross receipts information, copies of quarterly sales tax reports, copies of federal and state income tax reports when filed, and such further pertinent information as the City Council may require. The City of Iowa City by its authorized agent shall be permitted full access during all reasonable business hours to all records, reports, audits, tax reports, and any other documents or papers pertinent to gross receipts from any establishment which has applied for or received authorization to remain open additional hours. Failure to make reports or to permit access to records as required in this section shall be cause for the withdrawal of the additional hours authorization by the City Council. SECTION 3. REPEALER. parts of ordinances provision of this repealed. All ordinances and in conflict with the ordinance are hereby SECTION 4. 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, X06 4 provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 20th day of July, 1982. YOR CITY CLERK Received 3 Approved 8 The legal Department l 9Z /o7 It was moved by Perret , and seconded by Balmer , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCOONALD _x NEUHAUSER x PERRET First consideration 6/22/82 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Second consideration 7/6/82 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Date published 7/28/82 CITY CIVIC CENTER CSF CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3071 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of July , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 28th day of July , 19 82 . Dated at Iowa City, Iowa, this 12th day of August 19 82 . 4zeI �/�� MARIAN K. KARR, DEPUTY CITY CLERK � Printers fee 4:f CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att��}}ed, ��yyras published in said paper �CirE lel, on the fol - Subscribed and sworn to before me this ra day of A.D 199-L-: ta'4 Y GI& y Notary Public N CI i !M 0 d `4 SHARON STUuLs OFFICIAL PUBLICATION OROINMCf hop. fi2J011 lig,pr Control license or Claw �' Deer penit for snom the sate 0 OMIMNCE MENDING CHAPTER 5 BY ADDING A NN goods ase services other that SECTION 5-10 TO THE CODE Of OlAAHCES Of THE COV alcoholic ligomr or Me OE EBlIA C In. I OW. constitutes fifty (50) percent W men of the gross receipts from tits' URPoSbe,C. The Wrpose s amendment ti ... send promises as, r.I. Apar, t additional hours beyond the spurt, closing hours Orr a erLaln Proscribed in Section 5-10(,) 1but ,4 ts presence omit alcoholic li r Mee, en1Y for ten puroose of sellindj prcsenrt on said p tees by goods and services other ten parsons Nlen said prom are alcoholic If", or Mar. To apply ba, .w. and to regulate atlditlenel for such tus 11' tion, the rtain establishments say recaln open Iiceosee or veraittae 5411 suMi[ a rrittan and verified application to ENOIIENC the City Clerk, upon a fen provided by the City Clerk, listin certain addi information Including the foll.irg: 1) total gross rreceipU for the p.of W days from tfa -10. Hours of Business. - utab115hment, 2) gross remota for the past W days I. the sale wiAp hours." Subject to the - of alcoholic lisp r and/or beer• ase isioss of Section 5-]0(d), the J) •.iti0nel Noun Muested to oul closing hours 5411 !pply retain open. Said Application shell ,ly and all promises covered by A M accompanied by copies of the a 'A". B', or 'C" liquor control establishment's "It recent federal rose or Class "B" beer panic and state income tax returns req r this chapter: nnual sales tae report. In the ' event that the applicant M.'ves authorizati. W reagin open for aaditioval hours• the applicant 5411 file with Ua City Clark . A ,_ I- quarterly basis a Nritten Meat, upon a form provided by the City Clerk, setting forth Dross receipts information. copies of quarterly sales ten reports; copies of federal red state Income tax reports when filed, ase such further pertinM information as the City Council ate rewire. The City of Iwo City y its authorized agent shell M partlttsE full ao as. during all nasaaple .lines hours to all y Moral. note"ts• Audi". tae For, the "veekba is "Is 4 reports, and any otter dxw,Ks w y papers pertinent W groat receipt, to include Monday. Tuesday, r from any establishment Nhich Ms Wednesday. Thorsdq, Friday, applied for or received And Saturday. autnarintion W remain open "Other USe6." NO reals., deKriMa additional hour. Failure to aske in Section 5-10(.) s411 M sound for reports or to penit access W any Commercial, recreational, records as redid rad in this section entertsirr.t. or ether use . shell M cause for the Niton l of Wrpase Mtsoen the Hours said the additional hours autMrieation DrMEfes is Muir" W M closes as by the City Com,cil. provided in this chapter. - SEC71M 3. REPEALER. All ordinances and "PryYncs M promise, after parts of In .hfllct Vlch the closing." It shell M onl•Nul for provision Of Nis ondi menu art Mreby Any part.. room 1411 any licensme Mhoolea. or pumittse under this chapter or gE[TIOx e. sEvfdMIL]TY. If Any recti., hisser agents or eomloyns panic Any parson W enter or remain on ase �n .part Zlse Ordinance dull M p.ise3 described in Section 5- adjudged W M invalid or pec ...liauti. 1. lois) MtAman the hours said such ajudication shall rot affect the validity Promises Is required W M closed of the Ordimemee As a uncle or any sttLiom, for business as provided In tens provision or Dart thereof rot adjudged invalid Chapter except that persons already or unconsti Wti Onal. i in said P.f.es at tine of cl.0,�q shell be allosed an additional SECTION 5, EFFECTIVE DATE. This Ordi lance tlfteen (15) tlnutes to desert SM in after 14 final possage, vete ten license or p,,ame, approval and publication .1 rewired by lar. his/her agents or emetoyeu meyk t "gnsent , said Drnlses afw Passed endapproved WIs 20th day of July. IM. trop /or the purposes .• Ing. inference. rge `tor necessary park 11 Munu TM Ci �— "solution of Vol ATTEST: It •mer MtaNt M • Class "A" "B". or nP julY 2& man SECTION 1. P is —Eo ores alta prohibit W p.11yed Ismeuthori to Ired W I�Win .nen ce tom 5 -Cl far to A Clas lin unde (1) (2) (b) by [noApter 5 at the Looe of �CitY f Ida City, Iwo, n _ n0 the fol losing new section, Said Promises shell M cle>N far MIs[M33 MLUIen the MUr3 of 1:00 a.m. and 6:00 a.m. . any wekuY. and MtNMn LM hours of 2.00 a. a. . Sunday and fi: W a. a. on LM follwtng Ibnday; however, promises covere4 by the holder of a liquor control license or peer panic Who hes Men granted the privllepe dt aeltiup atcohot4 liquor Or Mer . Sunday eaY retain Open }OI OUfIMSS Mlmeen the hours of noon and 10:00 P. m.. Sunday. F. LM purposes o/ this 1� lr L.A,� .506 Ic ORDINANCE N0. 82-3072 _ ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN OF THE IOWA CITY PUBLIC HOUSING PROJECT 22- 4, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE IOWA CITY, IOWA: SECTION 1. The preliminary and final Planned Area Development plan of the Iowa City Public Housing Project 22-4, submitted by the Iowa City Housing Authority, is hereby approved and described as follows: Commencing at the Northwest corner of Section 18, Township 79 North, Range 5 blest of the 5th Principle Meridian; thence S 00°43'39" E, 35.00 feet along the West line of the Northwest quarter of said Section 18; thence N 88°30'31" E, 5.00 feet to the point of intersection of the southerly right-of-way line of Court Street and the easterly right-of-way line of Peterson Street; thence S 00043'39" E, 428.41 feet along the easterly right- of-way line of Peterson Street to the point of beginning; thence S 89°28'11" E, 445.11 feet to a point on the westerly right-of-way line of Scott Boulevard; thence S 00°43'39" E, 280.07 feet along the westerly right-of-way line of Scott Boulevard; thence N 89°28'11" W, 445.11 feet to a point on the easterly right-of-way line of Peterson Street; thence N 00°43'39" W, 280.07 feet along the easterly line of Peterson Street to the point of beginning. Said tract of land containing 2.861 acres more or less and subject to easements and restrictions of record. SECTION 2. A variance approved as part of the Planned Area Development consists of permitting the location of required right-of-way trees further than eight feet from the street right-of-way line. SECTION 3. This ordinance shall be in full force and effect when published by law. SECTION 4. REPEALER. All ordinances and parts of ordinances in con- ict with the provision of this ordinance are hereby repealed. SECTION 5. 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 nance No. 82-3072 2 Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 3rd day of August, 1982. AYO E 7YOR ATTEST: CITY CLERK It was moved by Lynch , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET Moved by Lynch, seconded by McDonald x)&oc)sdcxxmv xki macWw that the rule requiring that ordinan- xxx a6ox4)aGGwgwzc ces must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to xkxxxx>dcxxxxAc1eoat*xx befinally passed be suspended, that xxx�bW)0 so-x�ex t e irs an second consideration and vote be waived, and that the ordinance be voted upon for final passage at this time. Ayes: Balmer, Erdahl, Lynch, McDonald, Neuhauser, Perret. Absent: Date published August 11, 1982 Dickson. WcsivMi i APprOved gy Th legal Depadmnt iin CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of August , 19 82, all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 11thday of August , 19 82 . Dated at Iowa City, Iowa, this 8th day of September , 19 82 . MARrAN K. KARR, DEPUTY CITY CLERK Printers fee $ 3 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hed, was published in said paper time(s), on the fol- low'datelsl: / Subscribed and sworn to before me this �L� Ylday of1��d� A.D. 19 _�� Public No. OFFICIAL PUBLICATION ORDINANCE NO 82-3012 ORDINANCE "APPROVING THE PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN OF THE INA CITY PUBLIC HOUSING PRC,[CT 22- 4, INA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE IOWA CYTS, INA: SECTION 1. The Pref imi nary and fin -, PI armed Area Tnt Plan of the Iowa city ubllc Housing Project 22-4, submitted by the To+ City Nous ing Authority, 1s hereby approved and described as follows: Coamencing at the Northwest corner of Section 18, Township 19 North, Range 5 Hest of the 5th Principle, Meridian; thence 5 00x43109• E, 35.00 Feet along the West line of the Northwest quarter of said Section IM; thence N 88°30'31' E, i30 feet to the Point of intersection of " southerly. right-of-way lire of Court Street and the easterly right -of -war line of Peterson 5treet; thence S GO 43'39" E, 428.01 feet along the easterly iight- of-way It. of Paterson Street to W point of be?inning; thence S 89"28'11' E. 445,11 feet to A po lit on the westerly right-of-way, line of Scott Bou]award; thence S 00`43'39" E. 280.01 feet aid, the westerly right-ef-way lire of Scott Boulevard; thence N 89°213'11" W, 445.11 feet We point An the easterly -right-of-way line of Peterson jJ,rpt; thence H 00°43'39" W, 280.01 feet aldey the easterly line of Peterson Street U the point of Beginning. Said tract of land containing 2.861 resof, r lealk sobjept to wseMts and trss ietlons of record. SECT�Z. A variance approved as pari "df the aline Area Development consists of pemittiro the location of required right-of-way trees further than eight feet tram the street right-of-way line. SECTION 3. This ordinance shall be in full force 3_d efittt when published by law. SECTION 4. REPEAL R. All ordinances and parts of oF3rn_aht_*s__rn_cbnflIct with the provision of this orainance arc hereahy repealed. SECTION 5 SEVERABILitt. If any section, provision or part o7- the OrdiaaMe Shall be Adjudged to be invalid or unconstitutional, such a3udication shall not affect the validity of the Ordinance Ae A whole or any sector,, provision u part thereof not aajuell ,mal ia' or unconstitutional. SECTION 6. EFFECTIVE DATE. This Ordinance shall pe In e(ieck a17ts 1 nal Nssage, approval and publication as required by law. Passed and approved this 3rd day of August, 1982. ATTEST.Zl— Au9trsf 11, 7981 CITY CIVIC CENTER 0_ IOW/-\ CITY 410 E. WASHINGTON ST. IOWA Cf1Y, IOWA 52240 (319)356-500C) STATE OF IOWA ) 3 SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3073 which was passed by the City Council of Iowa City, Iowa, at afar meeting held on the 3rd day of Auoust , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 11th day of August , 19 82 . Dated at Iowa City, Iowa, this 8th day of September , 19-.L—. MARIAN K. KARR, DEPUTY CITY CLERK Printers fee U o2Ef CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto ate shed was published in said paper time(s), on the fol- �lowil date(s): / �/{ . /� Subscribed and sworn //tto' before me this be T/ �' �ay ofl�fe�, A.D. 1O /� / Notary Public NO. Jur SiATIZ OFFICIAL PUBLICATION ORDINANCE N0, 02-3073 ORDINANCE APPROVING THE SINAI PLANNED AREA DEVEIDPMENT (PAD) PLAN Of ell WWD, PART 1. IMA CITY, IMA. BE IT ORDAINED BY THE CITY COUNCII Of IOWA CITY, IMA: SECTION 1. The final PAD plan of Walden Wow. Part l�su aTtW By Braverman Development Inc., is hi W.". am describes as rot I. A tract of 14114 in me $ ti Comer of the - Northeast Qarter of the South,ezt Quarter of section 13. TOWnship 79.Norch. Renee 6 Pest of the Stn Principal Meridials ddscrihed as: Coieencinp at the Nortntlft Corner Of the NOrth°est Quarter of the Southwst Quarter of Section 17, TUMlship 79 North, Ranee 6 West of the stn Principal Meridian; thence South 0'°38.44^ East, 97a.W feet along East v Iln! of sa ie mUM4r .,tial the point of 0DWaB1nn in.. [ontinuinp South Nr East, M. feet to the Rohret Row intersection; thence south 89°35'471' seat�,76t$5.18 feet; thence Perth W°35 '1E' Eltt� t<9. 00 teee;; tMFAci North B9°p5'47' East, 85.00 feet t�� North 1)°24'11" Fest, 120.39 feet; t= Nertn 66°35'419` fast, 96.22 feet, thence SAwn 06°24'IN! .faNSa,j9 (yet,; t8p1�5qutn 416°241'Iq Eai to South tl6°24'11 East, 143. IOrlwt to the point of "ginning. -� Said tract contains 5,67 xres. more a• Iess. c SECTION 2.A ver HlNe appr+vK'{r par[ oI the PAC plan consists of the redretipn,of the 3O fat re yarn neyuireeent w M felt alwq the vest O ope.[y I ire. SECTION 3. This ordinance AOali 6e in full force and Men Published by lar. SECTION 4. REPEAL R. All Orli�EeMas and Carts hl ord nomas— nl �onilict .4"1E8P dryylsion of in" ordinance an hereby repeal SECTION 5 StVFRABIt ITY, ,3a �a'yy(i�y ser cors, i5n; Aron or par o thR' rn�miNcp snail pe adjudged to he invalid or tt tib{tonal, surn pdjudica Hon shell cot off 4 ffolty of tnr QrdIMM! 415 a Ngle Or alDl�i iii lion or "Part thereof Hot Idea lid rMpnstitutional. pr SECTION 6 EFFECTIVE DATE. THE: OM pane no, I be n e ¢ a ', s rot Daswye, approval am Publication as raauired by laW.) , e Passes add operand Lois 3rd dNy',yo11 Ft. 198:. TWI- , ATTEST: AUgUst 11, 1982 ORDINANCE N0. 82-3073 ORDINANCE APPROVING THE FINAL PLANNED AREA DEVELOPMENT (PAD) PLAN OF WALDEN WOOD, PART I, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. The final PAD plan of Walden Wood, Part 1, submitted by Braverman Development Inc., is hereby approved, and described as follows: A tract of land in the Southeast Corner of the Northwest Quarter of the Southwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian, described as: Commencing at the Northeast Corner of the Northwest Quarter of the Southwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian; thence South 0°38'44" East, 974.48 feet along the East line of said quarter section to the point of beginning; thence continuing South 0038'44" East, 349.66 feet to the Rohret Road intersection; thence South 89035'49" West, 655.18 feet; thence North 424'11" West, 327.83 feet; thence North 64`35'49" East, 149.00 feet; thence North 89°35'49" East, 85.00 feet; thence South 73°24'11" East, 120.39 feet; thence North 66°35'49" East, 96.22 feet; thence South 86°24'11" East, 82.29 feet; thence South 46024'11" East, 38.89 feet; thence South 86024'11" East, 143.10 feet to the point of beginning. Said tract contains 5.67 acres, more or less. SECTION 2. A variance approved as part of the PAD plan consists of the reduction of the 30 foot rear yard requirement to 20 feet along the west property line. SECTION 3. This ordinance shall be in full force and effect when published by law. SECTION 4. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 3rd day of August, 1982. �� _� p �1�L �,� � M ORR ATTEST: 9JLCITY CLERK Received & Approved By fie legal Department //-17, It was moved by Balmer , and seconded by Erdahl that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL y LYNCH y_ MCDONALD _ NEUHAUSER _ PERRET First consideration 7/20/82 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl. Nayes: None. Absent: Lynch, McDonald. �aarxic x�b�s�Qxtwx�x�i m m x xxudm�c�tx:p�s�g�xx Date published August 11, 1982 Moved by Balmer, seconded by Erdahl, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and -vote be waived, and that the ordinance be voted upon for final passage at this time. Ayes: Balmer, Erdahl, Lynch, McDonald, Neuhauser, Perret. Absent: Dickson. ORDINANCE NO. 82-3074 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF IOWA CITY TO ZONE CERTAIN PROPERTY RIB BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described below is hereby classified as RIB: Commencing at a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa, thence north 0143139" west 1888.22 feet along the westerly line of the Northwest ; of said Section 18 to a point; thence south 89°28'11" east 300 feet to the point of beginning of the tract herein described, thence south 89°28'11" east 150 feet along said southerly line; thence south 2051'10" west 292.27 feet; thence southwesterly 139.52 feet along a 1095.92 foot radius curve concave northwesterly to a point, said arc being subtended by a 139.42 foot chord bearing south 13°24'47" west; thence south 44°08'19" west 138.40 feet; thence north 0°43139" west 528.26 feet to the point of beginning, and containing 1.42 acres more or less. As requested by Wilfreda and Albert Hieronymus. SECTION 2. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION 3. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. Passed and approved this 3rd day of August, 1982. /VI11J C. �A A lYA P111, 1�0J� AM ATTEST: CITY CLERK It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: U Jd. Qoo(l- J12 AYES: NAYS x ABSENT: BALMER x DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration 7/6/82 Vote for passage: Ayes: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Second consideration 7/20/82 Vote for passage: Ayes: Perret, Balmer, Dickson, Erdahl, Neuhauser. Nays: None. Absent: Lynch, McDonald. Date published August 11, 1982 Received & Approved BY The Legal Department ,u� CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COC) STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3074 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 'ird day of August , 19_8L, , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 11th day of Auoust , 19__aL_. Dated at Iowa City, Iowa, this 8th day of September , 19�Z. MARIAN K. KARR, DEPUTY CITY CLERK OFFICIAL MJBLIGTIOII ' OBOINANCE NO, 82-3074 AN BBOINANCE IENTAINS INE ZONING ON tall CITY TO LONE CERTAIN v11TOENZO IRIB NG 8E IT OB0AIM By THE CII Y COIKIL OF TM IOWA CITY, low; ' SECTION 1. That the prtpertY des "Oed betty is "96r,7 assifisa as BIB: Cheap inB at a point Ofrt}erezeratthe Nest OwnnN Owner cor of section 18, D A North "his, 5 Nest Of the Fifth principal Nerldt an, Johnson EOunty. ICw, thh a north O°43'39' at 1888.22 feat along the Westerly it Of tM MOrtMNat Y oflaid SaCtied Is Eo a point; LMze aduth fl9°N' 11' east IOO feet th tM in Of MBtent nq Of tM tract MMin Mscrihad, tMnu south 89°N'II' ..at 150 f aloiq said swtMrly IIM; theme south 2°51.10" •est M2.27 feet; tMnae saM1MwsM'1, 139.52 feet alae a 1095.92 foot radius curve cnrcaas MrtMestar1, to a point, latd aK being s�4MN Dy a139,42 toot chc, beertig south 13' '4 tIt; rortW SON th M°08'19' Nest 118.40 feat; 0°13'39" nest 528.11 fast fi the point of MBlnnilg, ant Contal n lig 1.12 acres none or less. As edea W by Wilfredo and Albert Nitronyaus. SECTION 2. I'M Bonding Insgctor is Mreby ZEFo�iz�di and, dir tad to CMige the taping sap of the City Of Ian, City. low. M Ggnfpra tO Nis aeendeant upon tM final paasa0e, approval and Publication Of this Ordlhdme as Bs chhl by laa. SECTION 3L TM City Clert is herNy-wtsweiGw Who d'irea tv Certify a COPY Of thio NIIIMnCe 0 the EDVntY FiNnorcherl lof ca OJohnson efinal a pronty. loss, n vidad b lou. passage .� Passed and appMved this 3rd day Of August. 1902. AiTESi-.0 G/F�L__aK�JYL{{a/s iiTTTTFFiiii[[BBKK August 11, I98: ORDINANCE NO. 82-3075 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF IOWA CITY TO ZONE CERTAIN PROPERTY R1A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described below is hereby classified as R1A: Commencing at a point of reference at the west quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence North 0°43'39" West 1052.00 feet along the westerly line of the northwest a of said Section 18 to a point; thence North 44°08'19" East 425.17 feet to a point, said point being the point of beginning of the tract herein described; thence North 44°08'19" East 138.40 feet to a point; thence Northeasterly 139.52 feet along a 1095.92 foot radius curve concave northwesterly to a point said arc being subtended by a 139.42 foot chord bearing North 13°24'47" East; thence North 2°51'10" East 292.27 feet; thence South 89°28'11" East 1025.53 feet; thence South 51013'26" West, 690.75 feet; thence South -21°01'45" West, 209.73 feet; thence South 0°43'39" East, 756.03 feet; thence North 88°39'59" West, 553.90 feet; thence North 0°43'39" West, 854.15 feet to the point of beginning and containing 19.89 acres more or less, and Beginning at the north quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 0°02'42" East 337.00 feet along the easterly line of the northwest quarter of said Section 18 (this is an assumed bearing for purposes of this description only); thence South 81°37'27" West 254.40 feet to a point; thence South 78°49'21" West 326.95 feet to a point; thence South 85044122" West 297.52 feet to a point; thence South 56'21'31" West 408.32 feet to a point; thence South 36'18'05" West 12.86 feet to a point; thence North 89'28'11" West 666.70 feet to a point; thence North 40056'07" East 7.57 feet to a point; thence North 46'23'48" East 386.34 feet to a point; thence North 50'10'15" East 323.76 feet to a point; thence North 53'34'25" East 389.07 feet to a point; thence North 14'38'50" East 2.38 feet to a point of intersection with a northerly line of said northwest quarter; thence South 88'43'59" East 1036.33 feet along 11-4 said northerly line to the point of beginning and containing 17.47 acres more or less. SECTION 2. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION 3. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. Passed and approved this 3rd day of August, 1982. MAYOR ATTEST: CITY CLERK It was moved by Pprrpt , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON EROAHL y LYNCH x MCDONALD x NEUHAUSER y_ PERRET First consideration 7/6/82 Vote for passage: Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Second consideration 7/20/82 Vote for passage: yes: Balmer, DTckson, Erdahl, Neuhauser, Perret. Nays: None. Absent: Lynch, McDonald. Date published August 11, 1982 Reeeived & Approved By The Legal Department //G CITY CHIC CENTER Cir IOWA, CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50100 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 8 -_which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of Au ust , 19 82 , all as the same appears of record in my office and pub ished in the Iowa City Press -Citizen on the 11th day of August , 19 82 . Dated at Iowa City, Iowa, this 8th day of September , 19 82 . 2/tQ.�✓ MARIAN. KARR, DEPUTY CITY CLERK vil Printers fee 00_1 f tt CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at had, was published in said paper _ 1 . timelsl, on the fol- lowA datelsl: )j /40,1 Subscribed and sworn to before me �h this day of A.D. Notary Public a Juu;a7MElt OFFICIAL PUaLICAT ION ORDINANCE N0. 82 -JM AN ORDINANCE WNOINB ME CORING ORDINANCE Of INA CITY TO CONE CERTAIN PROPERTY RIP. BE IT ORDAINED By THE CITY COUNCIL OF THE CITY de IPM CITY. INA: SECTION I. That the Property Ae"'thad floe is rebY c asst lied as RIA: Condsomin at a Paint of reference at the vest quarter -1-1 of Section 18, TolehiR 19 North, Range 5 West of the fifth Pfinet Pal Mari Elan, Johnson County, Ione; Chance Werth line Of He he'toWn'' West IOU tt o/tsai Oalong eetht lion IIs fade "clot; lWlce North "°08'19" East 125.11 &at to a HifR.. said paint lain' the point of beginning if the tract hertin Oe.ribed. thence Wefth "oN'19" East 138.40 feet b a paint; to to Northeasterly 139.52 feet along a 1095.92. foot raft us curve concave PorteesterlY to A paint said 41C being subtandM by a 139.42 foot chord farS% Worth 3.24'47",East; thence North 2°51'ID° East 291.21 Mt; thehee South 89°28'11" East ID15.53 feet; thence South 51°13'26" Nest. 690.15 fent: thence South 21°01'IS Nest, 209.13 feet: thence South 0°u'W East, 156.03 feet; thence North 8B°39'S9" Nest, 551.90 Mq thence North 0147-W What, containing 19.89 acres .,e orfeet 0 no Point f 1-11R,lt Ing eM Beginning at the Porth quarter corn¢., of Sect, on 9 i Ifiit) "Nora. Rana 5 Vest of the fifth irimi"144e,idian, lohnsMa County. iova; thence South 0°02'42' East 331.00 feet along the aasterty line of the PortMest quarter of Hid Section 10 (this is an aasiaH bearilg fee Ir H' of this atcAgtion only): thew South 81031121" West 254.40 feet to A point' f... South 18°49'21" Nest 326.95 feet to a point, thence South 85°"'22' West 291.52 to 20 It lance South 56°QjI JI" West 4r, feet to A point; thence uta 36'18'05' Witt 12.86 feet th A point, Po Nortnh5 �99�°28`q11" West 666. M feet to o pointe the 'p9IRr No°In 46- East ass env�yy a poi Morin "°33'"' East Z.9Q/HL to a thence North 50°10'15" Eas< 1322!3 16 feet to 4 point; thence North 9°34'25" East 389.01 feet to 4 Point; thence North 14'38'50' East 2.38 feet so a point of intersection with a northa ly line of said ndrtMest quarter; theme South 88°43'59" East 1036.33 feet along said PoetherlY line to Eft paint pf eglnnidg aha cmMaint" ILP "res Non -1 Teas. 5E[TION 2. I" Building Inspactyy Is lately tine city of waHo s City, to conani to hfolee the zoning W this een� t 1pon [ha eihal'Hal. aWra'al aa}ga4litatien of Ehls Mi.m. as Pt1sidund by Iae_ SECTION 3 le City Clerk is noted, Authe"AH and �o entity a Choy of this ordnance to the CWM.Y Nacotdet of Johnson County. lava, upon final passer 4" publication as eroyiced by 1w. Passed and appepyen this 3rd day of August. 1982. ATTEST' �• /'/ Auoust 11. 1989 7� ORDINANCE N0. 82-307.6 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF IOWA CITY, FOR THE PURPOSE OF RENUMBERING THE CHAPTER AND SECTION NUMBERS OF THE PREVIOUSLY ENACTED CHAPTER 24.1, NOISE,TO NOW PROVIDE THAT SAID ORDINANCE SHALL BE KNOWN AS CHAPTER 24.4 OF THE CODE OF ORDINANCES AND THE SECTION NUMBERS THEREUNDER SHALL ALSO BE RENUMBERED TO CONFORM TO SAID AMENDED CHAPTER 24.4 BE IT ORDAINED BY THE CITY COUNCIL, THE CITY OF IOWA CITY, IOWA: That Chapter No. 24.1 be amended to now provide that same shall be henceforth be known as Chapter 24.4, Noise, and that the following Sections be hereby renumbered as follows: Sec. 24.1-1 is hereby amended so that such section shall be Sec. 24.4-1. Sec. 24.1-2 is hereby amended so that such section shall be Sec. 24.4-2. Sec. 24.1-3 is hereby amended so that such section shall be Sec. 24.4-3. Sec. 24.1-4 is hereby amended so that such section shall be Sec. 24.4-4. Sec. 24.1-5 is hereby amended so that such section shall be Sec. 24.4-5. Sec. 24.1-6 is hereby amended so that such section shall be Sec. 24.4-6. Sec. 24.1-7 is hereby amended so that such section shall be Sec. 24.4-7. Sec. 24.1-8 is hereby amended so that such section shall be Sec. 24.4-8. Sec. 24.1-9 is hereby amended so that such section shall be Sec. 24.4-9. Sec. 24.1-10 is hereby amended so that such section shall be Sec. 24.4-10. Sec. 24.1-11 is hereby amended so that such section shall be Sec. 24.4-11. Sec. 24.1-12 is hereby amended so that such section shall be Sec. 24.4-12. Sec. 24.1-13 is hereby amended so that such section shall be Sec. 24.4-13. 117 Sec. 24.1-14 is hereby amended so that such section shall be Sec. 24.4-14. Sec. 24.1-15 is hereby amended so that such section shall be Sec. 24.4-15. Sec. 24.1-16 is hereby amended so that such section shall be Sec. 24.4-16. Sec. 24.1-17 is hereby amended so that such.section shall be Sec. 24.4-17. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Passed and approved this 3rd day of 3ar1� , 1982. MINIMUM"FA ATTEST: City Clerk It was moved by Balmer , and seconded by Perret , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 7/20/82 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: Lynch, McDonald. Date published August 11, 1982 Moved by Balmer, seconded by Perret, that the rule requiring that ordinances must be con- sidered and votQd on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted upon for final passage at this time. Ayes: Balmer, Erdahl, Lynch, McDonald, Neuhauser, Perret. Absent: Dickson // 9 CITY CHIC CENTER CSF 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/A CITY IOWA CIN, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. g2_1076 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of August , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 11th day of August , 19 82 Dated at Iowa City, Iowa, this 8th day of September , 19-8Z. 2J � MARIAN K. KARR, DEPUTY CITY CLERK Printers fee�� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN 1, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att ehed, was published in said paper timelsi, on the fol- lowing date(s): = n� Cashier Subscribed and sw to b ore me LNol;a day of A. D. //- Notary Public JUUSLAYMAKER OFFICIAL PUBLICATION ORDINANCE W. 82-3076 AN OROINAAH" TO AMENO THE pOE OF ORDINANCES, (MITy.OF INA Clay(((('$M THE ' DUPVOSE QiF RE1 OM, THE CS/►TER AND IMPTER MI. Oil,' PREVIOUS ENACHAT CHAPTER 21.1. "XOi$E: 1!H1p Y DNNIOE i1MT 110 ORDINANCE WILL BE fOdN IS ENADTER 24A OF THE CAGE OF OREEINANCLS ANO THE SECTIM wMBERS THEREUNDER $WE AM BE RENUMBERED TO CONFOEM TO SAM MENDED CHAPTER 24.4 e BE IT ORDAINED By THE CITY COUNCIL, THE CITY OF Ida CITY, INA: That Chapter No. 24.1 be aaended to rov yraeii� that saes shall De Henceforth be tnpn ai Chapi,T 24 .4, Noise, And that the follarriny. SKtlons e< Mreby renWereO as follow: Sec. 24.1-1 is hereby aeended as that INCH section shall pe Sec. 24.4.1. Sec. 24.1-2 is Mreby Mended so that such section shall to Sec. 24.4-2_ Sec, MI -3 Is therapy emeMed so that such section shall M See. 24.3-4. Sec. 24.1-4 is Mreby amended so that sdcb section shall w Sec 24.4.4. Sec. 24.1-5 is Hereby ,se,ep so that such section shall be Sec. 24.4-5. Sec. 24.E-6 is Mreby amended so that such section spall be Sec. 24.4-6. Sec. 24.1-7 isherebyemended so that suds section shall be Sec 24.4-7. . election 21hal is Mreby e -e. sa that bYLB section Mall s SK. 24.4-tl. SRI. 24.1-9 is hereby amended so that such section shall be Sec 24.4.9. 1 Sac. 24.1-10 is thereby amended so tNf such ,,N, on shall M Sec. 24.4-10. Sec 24.1-11 is MrabY aaenUed so that sash' section small be Sec. 24.4-11 Sec. 24.1-12 is Hereby aseMed so that-ealh � section shall be Sec. 24.4-32. - Sec. 24.1-13 is Mreby aeanded so that ''� section shall ha Sec. 24.4 -ID. Sec. 24.1-14 is hereby whoed so that suCh.. section shall ha Sec. 24.4-14. Set. 24.1-15 1s hereby seeMld so that such section snail M -Sent. 24.4-15. Sec 24.1-16 is Hereby uenKa so that sash section snail ha Sec. 24.4-16. - ,ist. 24.1-17 is Mreby aseMed so ,that s ` section shall M Sec. 214-17. That all ordinances or parts of ordinances in conflict with this PMineica are hereby repealed.- Pa.0 ap ved this 3rd day Of AUQ¢Bi 1982. I; ��rIAA r -il to ARBA _ ATTEST - - AN OW 28. 1982 I Printers feel CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached was published in said paper—��timelsl, on the fol- lowin ateisl: 194 1 Cashier Subscribed and sworn to before me this —L day of A. A.D. 19� // Notary Public No. M: SJA1tW M OFFICIA4 PUBLICATION ORDIMNCE NO, W-3016 RENIRIBEREO T TO WO NBHOEO Cell 24.4 K IT ORMINEO 0 It. THE CITY OF IOW4 [Irv, IONA. _ That Chapter .1 M to mat beoeiae that si4! shall heMethrth' Rllas' a' Chapter 24.4, Xoise, a that the F-Ital S4adons be hereby renuM as fill. Shed. 21.1-1 hereDY aaa•nda, so that such action snarl sec 24.4-1. Sec. 24.1-2 is y assended 10 that such section 'lbll M sit 24A-2. Sed. 24.1-3 14 M by "ended so that such section shall}bbeee SSo. 24.3.4. secifee nWe reoy a-4. so that sato sec. 24.4-t. Sec. 24.1-5 Is Mreby aeenaed M that such section seal I be Sec. 24.4-5. Sen. 24.1-6 Is hereby aearaee so teat such section shah M Sec 24.4-6. Sec. 24.1-/ is MrW nde0 10 that such section 'helI be Sec. - Sec. 24.1-d is herebr'�>F,RMa< w that such section shall a Sec. 24.1-9 is hereby aeeadea so that such section seal I b Sec. 24.4-9. Sec. 24.140 L Mreby essence, so that such section shell be Sea. 24.4-30i Sec. 24.1-11 ii thereby aeended so that such section shah M 54*. 24.4-11 s Cr 24.]-12 is Mreby "howl so that such section Shell W Sec 24 4-12. Sec 24.1-13 ivNeat, .tended so chat such section shall N siA 24.4-13. d. Sec. 24.1-14 is Mreby amended so that sato section shall be SK. 24 4-14 sec 24.1-15 i6 hereby amended so that such section shall M Sas. 24.4-15 a1-, sec. Sha.l-16hall a �eeby 4-16, so that sucn section shall he $e{: 24.4-16. sec. 26.1-17 is "rally ..need so 4eat such section shall be sec 24.4-17. That all th thil le nance rt,and 000 �c con/rict Nth teas ordinance are hereby rt{44x1etl. as ,n Gassed and apprth'" this Sea a, cl July, 19li. ATTEST. !I[I111IIIIIRIT PM ORDINANCE N0. 82-3077 ORDINANCE AMENDING THE ZONING ORDINANCE CHAPTER 8.10 OF THE CODE OF ORDINANCES BY ESTABLISHING AIRPORT OVERLAY ZONES. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this Ordinance is to amend the Zoning Ordinance by establishing Airport Overlay Zones. SECTION 2. AMENDMENT. The Zoning Ordinance is hereby amended by adding Section- 8.10.50 Airport Overlay Zones. Sec. 8.10.50.1. Findings. (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury to those served by the airport. (b) It is necessary in the interest of the public health, safety, and general welfare that creation of airport hazards be prevented and that this be accomplished, to the extent legally possible, by proper exercise of the police power; and (c) The prevention of the creation or establish- ment of airport hazards, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which the City may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests therein. Sec. 8.10.50.2. Definitions. The following definitions only apply in the interpretation and enforcement of the Airport Overlay Zones. (a) Airport. The Iowa City Municipal Airport. (b) Airport elevation. The highest point of the airport's usable landing area measured in feet above mean sea level, which elevation is established to be 661 feet. (c) Airport hazard. Any structure, tree or use of land which would exceed the Federal obstruc- /a v Ordinance No. 82-3077 Page 2 tion standards as contained in Sections 77.21, 77.23, and 77.25 of Federal Regulations as revised march 4, 1972, and which obstruct the airspace required for the flight of aircraft and landing or takeoff at the airport or is otherwise hazardous to such landing or taking off of aircraft. (d) Airport primary surface. A surface longitudinally centered on a runway which extends 200 feet beyond the end of a runway. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (e) Airspace height. For the purpose of determining the height limits in all zones set forth herein and shown on the Airport Height Zoning Map, the datum shall be mean sea level elevation unless otherwise specified. (f) Control zone. Airspace extending upward from the surface of the earth, which is a circular area of five (5) miles in radius, with extensions where necessary to include instrument approach and departure paths. (g) Instrument runway. A runway having an existing instrument approach procedure utilizing air navigation facilities or area type navigation equipment for which an instrument approach procedure has been approved or planned. (h) Minimum descent altitude. The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle -to -land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided. (i) Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. /4'2/ Ordinance No. 82-3077 Page 3 (j) Minimum obstruction clearance altitude. The specified altitude in effect between radio fixes on VOR airways, off -airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage within 22 miles of a VOR. (k) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (1) Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures with no straight -in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority. Sec. 8.10.50.3. Airport Zones and Airspace Height Limitations In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the Airport Height Zoning Map. A structure located in more than one (1) zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a) Horizontal Overlay (OH) Zone. (1) Defined. The land lying under a horizon- tal plane 150 feet above the established airport elevation, the perimeter of which is constructed by: a. Swinging arcs of 5,000 foot radii from the center of each end of the primary surface of runways 12, 30, 17 and 35 (visual and non -precision instrument utility runways) and connecting the adjacent arcs by lines tangent to those arcs, and b. Swinging arcs of 10,000 foot radii from the center of each end of the primary surface of runways 6 and 24 (instrument runways) and connecting iaa Ordinance No. 82-3077 Page 4 the adjacent arcs by lines tangent to those arcs. (NOTE: The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000 foot arc is encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No structure shall exceed 150 feet above the established airport elevation in the OH zone, as depicted on the Airport Height Zoning Map. (b) Conical Overlay (OC) Zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (2) Height limitation. No structure shall penetrate the conical surface in the OC zone, as depicted on the Airport Height Zoning Map. (c) Approach Overlay (OA) Zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. (NOTE: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) a. The inner edge of the approach surface is: 1. 250 feet wide for runways 12 and 30 (visual utility runways). Ordinance No. 82-3077 Page 5 2. 500 feet wide for runways 6, 17, 24 and 35 (visual other than utility runways and non - precision instrument runways). b. The outer edge of the approach surface is: 1. 1,250 feet for runways 12 and 30 (visual utility runways). 2. 1,500 feet for runways 17 and 24 (visual other than utility runways). 3. 2,000 feet for runway 35 (non - precision instrument utility runway). 4. 3,500 feet for runway 6 (non - precision instrument other than utility runway). C. The approach surface zone extends for a horizontal distance of: 1. 5,000 feet at a slope of 20 to 1 for runways 12, 30, 17, 35 and 24 (visual and non - precision instrument utility runways). 2. 10,000 feet at a slope of 34 to 1 for runway 6 (non -precision instrument other than utility runway). (2) Height limitation. No structure shall penetrate the approach surface in the OA zone, as depicted on the Airport Height Zoning Map. (d) Transitional Overlay (OT) Zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. (2) Height limitation. No structure shall penetrate the transitional surface in the AR Ordinance No. 82-3077 Page 6 OT zone, as depicted on the Airport Height Zoning Map. Sec. 8.10.50.4. Use restrictions. No use shall be made of land or water in such a manner as to interfere with the operation of any airborne aircraft. The following special require- ments shall apply to each use: (a) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased. (b) Lighting. (1) All lighting or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over 200 feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-1D and amend- ments. Additionally, any structure, constructed after effective date of this chapter and exceeding 949 feet above ground level, shall install on that structure high intensity white obstruc- tion lights in accordance with Chapter 6 of FAA Advisory Circular 7460-1D and amendments. (3) Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City to install, operate and maintain thereto such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (c) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. /0? -r Ordinance No. 82-3077 Page 7 Sec. 8.10.50.5. Special exceptions. The Board of Adjustment may grant a special excep- tion under the provisions of Sec. 8.10.28 to permit any structure, tree or use of land to exceed the height limitations herein. No such special exception shall be granted, however, unless the Federal Aviation Administration and the Aeronautics Division of the Iowa Department of Transportation shall have indicated that such structure, tree or use of land would not obstruct the airsapce required for the flight of aircraft and landing or takeoff at the airport or is otherwise hazardous to such landing or taking off of aircraft. SECTION . REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION . 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 . EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 31st day of August, 1982. MAYO ATTEST: (aL-' 'A� CITY CLERK ia& It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration 8/17/82 Vote for passage: yes: Lynch, Fc—Donald, Perret, Balmer, Dickson. Nays: None. Absent: Neuhauser, Erdahl. Second consideration XXXXXXXXXXXXXXX Vote for passage: Date published Sept. 8, 1982 Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. �a� I CITY CSF IOWE CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500C) STATE OF IOWA ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3077 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 31st day of August , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 8th day of September , 1982 Dated at Iowa City, Iowa, this 28th day of September , 19 82. ABBIE STOLFUS, CITY CLERK 60 Printers fee $17j� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto a the was published in said pa_ gr timels), on the fol - Subscribed and swArpn tobeforeme this O� day of/L, A.D. /ea) /_ -NotaryPublic No zo RE .lou surwucFR OFFICIAL PUBLICATION OROIAAACE A0, 02- ZZ DYDIMANCE NIEMOIIG THE ZONING DRDlI E CHAPTER 810 OF THE WOE OF ORDINANCES BY ESTABLISHING AIRPORT OVERIAY ZONES, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOa CITY, 10114. - 9ERIOM 1 PIIRbSE. The purpose Of "is OroinaKe ism—the-inning Ordi Nsxe by establishing Airport Overlay Ione,. SEgl iqw 2. ANEMINFXT. The Zoning Ordinance Is �ira-S am N I, section 0.30.50 Airport Overlay Ione.. SK, 0.10.50.1. Findings. (A) The creation or establishment of an airport hat'" I. a public nuisance causing potential injury to those served by the airport. (b) It is necessary in the interest of the public Malo, safety, and Knerel welfare Wt oration of airport "lards be prevented and that this be accoepl+sh.d. to the extent 1pwlly pe .ible. by proper exercise of the Hce spear; and (c) %a prevention of the creation or eitebliFR hant of airport hazards, ane the elimination• naval, alteration, mitigation or earkiq ane lighting Of existing airport hazards an "I IC porposes for Mich the City may raise end v public fond,, as an incident Whe t Weret+pre of Ne airport, ta acquire Ialld or property interest, therein. tick. 8.30.50.2. OVIllitlow. TM following definitions Only apply In the interpn[atbn and anf.m..t of the Airport Overlay Zones. (a) AjMgft. The )wa City Municipal Airport (0) Almort elevation. That hill, poen[ a/ Eve alreart, s usable I.hating or, lasUnd 1n fee[ 41111111111111110 n Ki Jewel, MICn ale W[lon I. isned W be 663 ([) �n hanrd. Ally .lructim. tree or use of ch would exceed the Federal opstr"- tion standards A. cenWined in Sections 17.21, 77.23, and 77.25 of Federal Regulations As revised porch 4, 1972, and which obstruct W rswo, required for the flight OF alnreft and ]Mill rep or takeoff at the airport o, is otherwise IwaMous to such landing or taking .If ot.Ircnft. (d) A+ RWjLprhnary{urfa cee. A surface T; He y Nn ad on A ruway which <stood. tog feet beyond ted eW of A r~,. s TM wiM of the prtnary surface of a rorsey shell be that width prescribed In Part 1/ of the Federal Aviation Regulations (FAR) for this, w6 incise approach asitting or planned far either end of that ruway. The elevation Of Ally point on the prinary ,orf. Is the aaw N the elevation of the nearest Point M the Needy Centerl+n. (A)•A+rs MI M. For the purpose of eaTe "tent nMts in all zone. we I � forth exretn ane sown on the Ai noon Mtgpt Zoning MD. Me detw shell be cean sea LVat j KellvaClnn Mlesf aNaIY1N eDe[i (zed. Ill ntnl IOM. 41rtpKe eYte Wiig upwertl iFM I ceYsur ace of ted North, Mich iz a el ar NGensions vneN necesury W ,�1I ' � inatrwent approach ane deperWro potll�� (g) 1n tf—_____ _ ytfucent way. A runway Heal, An N t1 �Tiwnt eppnaghs' proudere utiliting air navigation ft ilhties or arse tYOa nevigef' ,waspaw, for which an instrowet ♦PYYOach pn w,ne Ms Dwe approved or PlAead, r in) xtn+w descent altitude. The lawee at , liDnaN n feet ibOn mNln 1N level, to Aitch descent is au"o,iZ.d on final approach or during clmle-te-land senauearing In execution of a standard instneent approach P.Inkin and where no electronic gli4 slope is p avhowl (t) Mlniave enrouta altitude. The altitude in e Kt between r O fhxls Mich alsvies accpteale MvigatiMal sight Coverage ane anxi Obat1.tlM cl.aranat requ+rdawts beteaen Close fi Vas. (j) tint w obstruction clearance Altitude. The aKc e a t n! K between ncl fixes on VOR Airways, Off-atwey mute., M route se,ents which wets obstructlM Clearance regWrNents for ted entire mute Ntjlnt ane MICh as... YCePlaale vn Nt+aal signal cowraK dNin 21 MIN of a V011. (k) Ruow A defined area on an airport yreNred PMnizing ane taklaff of aircraft along its ,*94 3x77 OFFICIAL PUBLICATION length. (1) V+s�wl �e . A r u way intended solely far the operation ofaircraft using yI.wI approach procedures with M straight -IB instrueent approach procedure and instrulent Designation indicated on N f approved airport layout plan, a mill Met services approved military airport Illyaw plan, or by any planning docowit subs, Island the FM by CogNttnt authority. Sac. 8.10.50.3. Airport Zones aW Airspace 16 tjafriions III.", to carry but ted provisions of q wOITrM then an hereby created and estal I pertain zones which are depicted on the A( W{{8�I)1�jj�dn,0lp MR. A ltr"Wro located in tlijll)ipky (1) zone of the following zones 1i �W be only in end zone vara us ahoy n MiyyN liar Ntiefi The fellows xonaal a sWblisMd ane defined as follows: (A) 111alf ul Overlay (OH) Zone. j1BYinW. The IoW lying under Reel ei �1W plane 150 feet above the establi airport elevation, the i ertaeter Of vh10k' I$ constructed by: I 1 Swinging arcs of 5,000 foot rad/i free the center Of each end of Che i '.. priwry surface of .Hsay, 12, 30, ..17 and 35 (visual ane non-prac+stoll 'instrueent utility runways) any v xonnecting the adjacent arcs by sines tangent to those arcs, and (�b.' 4iiginil arcs of 10,000 toot radii C. lace the center of each end of the C IF^ury surface of ruways 5 ane N O trwent Days) and conwctirg the adjacent arcs by lines tangent NK ane. TE: Tb mall" of the arc Specified for each end o/ runway Wil have the same ritMetizal value. That value will " ted highest deterained for either and of y. ted runway NMn A 5,050 feet an d5 'hs encoapassed by taMan4 9xconnecting tp adjacent 10,008 fort arc • .i s, the 5,000 foot arc sheb ll d+sngarded on the constructions ppff f toe periaater Of toe berlaalwo surface.) (2)i He ret visitation. M structure shed d40 Ad 150 feet above the establi." 'v airport elevation in ted ON zones, aO ydaiscland on ted Airport Might Zanily Was (b)l k!rla K Zone1 a!rla (a) Zona. IlY Oefln". The land lying under A surf 1pzi extending outward and upward from ND Periphery of the horizontal surface at d slope Of 20 W 1 for a brlaen(8) distance of 4,000 feet. (2) Might limitation. M str"Wre shall KnetraK the Con I"] surface in the rale, as depie4d on Use Airport 1 1 - Zdni ng Mo. (<> Agonach Orerlav (OA) Zone. (1) Oef+ned. The land lyhy under a aprf- runway canilly centered le in runway Golly canis ane t . the ane uvea" free each eW of the prinary surface. (NOTE: An Aggravate surface Ia sppl,e0 to each eW of eKh reps easel upon the type of approach available M plaonld for text ruway ane.) .i A. The Fisher a", of the appnatll surface Is: 1. 250 feet wide for n Otfll ane 30 (Visual Ori runways). 2. SOO feetwide far rlNlye 6, a 17, 24 W 35 (Visual ether than utility runway, and wlh precision inatnaent ruway,). b. The .outer edge of ted Approach surface is; 1. 1,250 feat for runways 12 ane 30 (Visual utility rwneli 2. 1,500 feet for fantasia 37 ane 24 (vilwl Other then input, runways). 3. 2,000 feet for ruway M (wsr precision in,tr.At all ty ruway). 4. 3.500 feet for ruway 6 (non - precision insvvawnnt other than utility ruway). c. IM Wretch All Sone assent, for a horizontal distance of. '�.P-- I . P-- 1. S'Doo feel at a slope at 20 W 1 far runways 12, 30, V, n and 24 (visual and non - precision mstrueent utility rumors). _. lo,000 feet at a slope of AW I for runway 6 (ley"yecfsion inst'..t other tan utility rumor). (2) Wight lieilation. W structure $ball penetrate the approach surface in the OA zone, as depicted on the Airport Height Zoning Map. (a) Tramitionoll Overlay tog) Som. befifl) . The lam lying under thaw ssurfaaces mien j g uteardi and uward at right angles W the runway centerline and the a., centerline .."road at A slope surface a awfr the $whew sides oflntey approach surfaces. (2) Might lieiletion. M structure shall grctrate the Vans itloal surface in Bre OT z., as depietM un the AirOeft Might Zoning top. fee. 4.10.50.4. Use astrictions. Ib Ree shall Y ea4 of land or eater In oath a eenher ae W interfere with the operation of any airarne aircraft. The following special require- .ats shall apply W each use: (A) iia structure wall M -erecta that that WISS the ppI beiz siniY descent altitude far an i"treaent approach to any ruway, ar shall aed structure be erected that causes the einimw obstruction cim,w,. aItiW" or minimum enraute altitude to be increased. n)L ahtim. (1) All lighting" illuiation usedev" con3unction ,4th street, parking, deem or use of lea and structures wall Y arranged and operated i w ech a elaPow that it is ont misleeding or dan"rggt Y aircraft o"rade frau the airport M" the vicinity thereof. �) The war Of awry structure over 200 feet strucure lighting in Wwall install the structv1Y Fella ral Aviation Adeiaistration (fee), Advisory Circular 20-]a6g-lil ane wbm vents. aaitioally, any structure, construtta after effective ate of this .chapter and eaceading 919 feet lave ground level, shall install on that "structure high intensity Mite rbitruc- .tion lights in accordance with Chapter 6 of won ""Sory Circular 7460-11 all (3) Any Remit or variance granted say b, so conditioned as to require the war at the structure or Vada in q"st1" W Remit the City to install, o"rate ane maintain thereto such mortars or lights as way be necessary W indicate W pi etc .ted presence of an airspace hazard. (c) M operations from any use wall prau in" fearefor With de 5i "is 'or raaI. omwnil.tiiin aibeeoatthe Jf sort and aircraft. Sac. 9.10.50.5. Special axcmtlons. TM Board of "Jusaent my grant a special eecap' tion under the previsions of Sac..9.111. pB W "FOIL any structure, tree or use of land W exceed the Mght IImitation, Mmi n. M such special exception shall W granWd. levever, ualeew the Federal Aviati" administration and the Aeronautics alvlfion Or the 1. OapmrfnerL of Trans"rtatlea Sall Yam indicated eat such structure, tow or ee vof las mould ad Obstrvct the airw"m mail red for the fl Ight of Of r.ft And lands he M cameff K the airport or Is otamiee MYraOg9 Y such lending Or taking off of aircraft. CTION REPEALER. All oainanua And "rte Of ME.—, n con Ict .IW to oaulsion of ski. ardinvnce are hereby repealed. [S CT" SEVERABI If any me tion, adjudged W le a o f nano call a aajuOeeE Y Y iavalld or unconstitutional, such ajalation MCI at Affect the validity of the Ordinance as a able Or Ally section, provisl On or part the mf Mt adjudged invalid or unconstitutional. SEE A EILI 111 E DATE. TMs 0rdinanu atoll Y TO e ac I a ter s al passage, approval ane gpllution as rAdulra by lay. bawd and approve this 31st day of Wgust, INE ATTEST: Deolefrlber 0 1992 ORDINANCE NO. 82-3078 ORDINANCE AMENDING CHAPTER 4 (AIRPORT) OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amendment is to repeal Sections 4-38, , 4-40 and --4--S3, because they no longer apply to airport operations, to amend Section 4-37 to add minimum operating standards for lessees desiring to operate at the Iowa City Airport, to amend Section 4-36 by adding "Regulations of the Federal Aviation Administration" in place of outdated language, to amend Section 4-48 by changing the words habit-forming drugs to controlled substance and by excluding personal possession of intoxicating liquor or controlled substances as an offense, to amend Section 4-54 by changing the term "City Council" to Airport Commission and repealing former paragraph (b), and to amend Section 4-68 by adding the term Air Force between Army and Navy. SECTION II. AMENDMENT. Sections 4-38, 4-39, 4-40, 4-53 and paragraph (b) of Section 4-54 are hereby repealed. Section 4-36 is hereby amended to read as follows: Sec. 4-36. F.A.A. regulations; air traffic regulations. No person shall navigate any aircraft over, land upon, or fly the same from, or service, maintain, or repair an aircraft on the airport, or conduct any aircraft operations on or from the airport otherwise than in conformation with the regulations of the Federal Aviation Administration now in effect and which are hereby adopted by reference and made a part of these rules as fully as if the same and each and all of them were completely set forth herein. Section 4-37 is hereby repealed and a new Section 4-37 is hereby created by substituting the following: Sec. 4-37. Use of airport. (a) No person shall use the airport as a base or terminal for the carrying on of commercial aviation or the carrying of passengers, freight, express or mail, or for student flying, communications, or any other commercial purpose or transportation without first securing a lease from the Airport Commission for the property to be used for said activities. Any lessee desiring to operate at the Iowa City Airport must comply with the following Minimum Operating Standards: (1) AIRCRAFT SALES. Any lessee desiring to engage in the sale of new or used aircraft must lease and/or provide as a minimum as follows: Basic Requirements for Land. The leasehold shall contain 7500 square feet of land to provide space for a building, storage of aircraft, and display of aircraft. M Ordinance No. 82-3078 Page 2 Basic Requirements for Buildings. The lessee shall lease or construct 1600 square feet of properly lighted and heated space for office and public lounge and shall provide a public use telephone and shall lease or construct 5000 square feet of aircraft storage space and shall provide indoor public restrooms. Basic Requirements for Personnel. Lessee shall provide one person having a current commercial pilot's certificate and current instructors rating with ratings appropriate for the type of aircraft to be demonstrated and shall provide for an office to be attended during operating hours. Basic Requirements for Dealerships. Any aircraft dealers shall hold an authorized factory or sub -dealership and all aircraft dealers shall hold a dealership license or permit if any is required by the State of Iowa. Basic Requirements for Aircraft. A dealer of new aircraft shall have available at least three current model demonstrators and shall provide for demonstrations of additional models of the manufacturer for which a dealership is held and shall provide an adequate supply of parts and servicing facilities to customers during aircraft and parts warranty periods. Basic Requirements for Services. A dealer of new aircraft shall provide for the adequate servicing of aircraft and accessories during all warranty periods and shall provide an adequate supply of parts for the type of aircraft sold and shall provide for the repair and servicing of aircraft during the warranty period by its own facilities. Basic Requirements for Hours of Operation. A dealer of new aircraft shall provide operating hours from 8:00 a.m. to 5:00 p.m. for a minimum of five days a week. Basic Requirements for Insurance Coverage. A dealer of new aircraft shall provide the following minimum insurance coverage: Aircraft Liability, Bodily injury 100,000 per person 1,000,000 per accident Property damage 200,000 each accident Passenger liability 100,000 each passenger 100,000 each accident Comprehensive Public Liability and Property Damage, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident is 9 Ordinance No. 82-3078 Page 3 (2) AIRFRAME AND/OR POWER PLANT REPAIR. Any lessee desiring to engage in airframe and/or power plant repair service must provide as a minimum the following: Basic Requirements for Land. The leasehold shall contain an area of 75,000 square feet to provide space for all buildings and temporary parking of aircraft, and shall provide increased land area to provide additional facilities such as private auto parking, paved ramp area to appropriate lot line, paved pedestrian access walkway, etc. Basic Requirements for Buildings. The lessee shall lease an existing facility or construct a building sufficient to provide 7,500 square feet of shop space, meeting local and state industrial code requirements, and shall lease or construct additional building space with a minimum of 500 square feet to provide properly lighted and heated space for office, customer lounge, public restrooms, and public telephone. Basic Requirements for Personnel. Lessee shall provide one person currently certified by FAA with ratings appropriate for work being performed, who may hold an airframe and/or power plant rating. Basic Requirements for Hours of Operation. The lessee shall provide normal operating hours from 8:00 a.m. to 5:00 p.m. for a minimum of five days a week, and shall provide for mechanical service during weekends on a call basis. Basic Requirements for Equipment. Lessee shall provide sufficient equipment, supplies and availability of parts to perform maintenance in accordance with manufacturers' recommendations or equivalent and shall provide sufficient equipment to accommodate the standard types of based aircraft. Basic Requirements for Insurance Coverage. Lessee shall provide the following minimum insurance coverage: Comprehensive Public Liability and Property Damage, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident Products liability 500,000 each accident (3) AIRCRAFT RENTAL. Any lessee desiring to engage in the rental of aircraft to the public must provide as a minimum the following: Basic Requirements for Land. The leasehold shall contain 75,000 square feet of land to provide space for aircraft parking and building. 136 Ordinance No. 82-3078 Page 4 Basic Requirements for Buildings. Lessee shall lease or construct a building which will provide 1600 square feet of properly heated and lighted office space, including adequate space for customer lounge, shall provide a public use telephone and public restrooms and shall lease or construct a building which will provide 5000 square feet of aircraft storage space. Basic Requirements for Personnel. Lessee shall provide two persons having a current commercial and instructor pilot certificate with appropriate ratings and an FAA approved flight school and air taxi certificate, and shall provide an office which is to be attended during operating hours. Basic Requirements for Aircraft. Lessee shall provide six airworthy aircraft owned or leased in writing to the lessee of which four shall be basic trainers and one shall be an advanced trainer. Basic Requirements for Hours of Operation. Lessee shall provide operating hours from 8:00 a.m. to 5:00 p.m. for a minimum of six days a week. Basic Requirements for Insurance Coverage for Owned or Leased Aircraft. Lessee shall provide the following minimum insurance coverage: Aircraft Liability, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident Comprehensive Public Liability and Property Damage, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident (4) FLIGHT TRAINING. Any lessee desiring to engage in pilot flight instruction shall provide as a minimum the following: Basic Requirements for Land. The leasehold shall contain 75,000 square feet of land to provide space for lessee's buildings and aircraft tie downs. Basic Requirements for Buildings. Lessee shall lease or construct a building having 1600 square feet of properly lighted and heated space to provide classroom, briefing room, pilot lounge, office space, public use telephone, and public restrooms, and shall lease existing space or construct a building providing 5000 square feet of aircraft storage space. /3/ Ordinance No. 82-3078 Page 5 Basic Requirements for Personnel. Lessee shall provide two persons properly certified by FAA as flight instructors to cover the type of training offered and a certified FAA flight school and air taxi certificate, and shall provide a currently certified ground school instructor and office to be attended during required operating hours, and certification by FAA as a pilot school. Basic Requirements for Aircraft. Lessee shall provide either six fixed -wing aircraft or two helicopters. In the case of six fixed -wing aircraft, four shall be basic trainers, one shall be an advanced trainer and one shall be a twin -engine aircraft. In either case regarding the above required aircraft, one of which shall be properly certified for instrument flight instruction. Basic Requirements for Hours of Operation. Lessee shall provide operating hours eight hours a day for a minimum of six days a week. Basic Requirements for Insurance Coverage for Owned or Leased Aircraft. Lessee shall provide the following minimum insurance coverage: Aircraft Liability, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident Comprehensive Public Liability and Property Damage Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident (5) AIRCRAFT FUELS AND OIL DISPENSING SERVICE. Lessees desiring to dispense aviation fuels and oil and provide other related services such as tie down and parking, shall provide as a minimum the following services and facilities: Basic Requirements for Land. The leasehold shall contain 20,000 square feet of land to provide for buildings, aircraft parking area equipped with six tie downs and dispensing equipment. Basic Requirements for Buildings. Lessee shall construct or lease a building providing 1600 square feet of properly lighted and heated floor space for office, public lounge, restrooms, and shall provide a public use telephone, and shall lease or construct a building providing 7500 square feet of space for aircraft storage. Basic Requirements for Personnel. Lessee shall provide one properly trained person to be on duty during operating hours. Ordinance No. 82-3078 Page 6 Basic Requirements for Aircraft Service Equipment. Lessee shall provide emergency starting equipment, adequate fire extinguishers and aircraft engine heaters. Basic Requirements for Services. Lessee shall provide facilities to fuel, park and tie down aircraft, and to wash aircraft, inflate tires, change aircraft engine oil, provide transportation for aircraft occupants from parking ramp to office, provide minor repairs and services not requiring certificated mechanic rating and operate a Unicom. Basic Requirements for Fueling Facilities. Lessee shall provide at least one metered filter -equipped dispenser fixed or mobile for dispensing jet fuel and AV gas from separate storage tanks having a minimum capacity of 8000 gallons each, and shall provide at least one mobile dispensing truck having at least 300 gallon capacity for each grade of fuel and separate dispensing pumps and meters for each grade of fuel. Basic Requirements for Hours of Operation. Lessee shall provide fueling service from 8:00 a.m. to sundown seven days a week and shall provide on-call service which may be required during the hours of darkness. Basic Requirements for Insurance Coverage. Lessee shall provide the following minimum insurance coverage: Comprehensive Public Liability and Public Damage, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident Hangar Keepers Liability 500,000 each accident Products Liability 500,000 each accident (6) RADIO, INSTRUMENT, OR PROPELLER REPAIR SERVICE. Lessees desiring to provide a radio, instrument or propeller repair service must hold an FAA repair station certificate and ratings for same and provide as a minimum the following: Basic Requirements for Land. The leasehold shall contain 7500 square feet of land for building. Basic Requirements for Buildings. Lessee shall construct or lease a building providing 1600 square feet of properly lighted and heated space to house an office, public restroom facilities and minimum shop and hangar space as required for FAA repair shop certification and shall provide a public telephone. Basic Requirements for Personnel. Lessee shall provide one FAA certificated repairman qualified in accordance with the terms of the Repair Station Certificate. l33 Ordinance No. 82-3078 Page 7 Basic Requirements for Hours of Operation. Lessee shall provide operating hours from 8:00 a.m. to 5:00 p.m. for a minimum of five days a week. Basic Requirements for Insurance Coverage. Lessee shall provide the following minimum insurance coverage: Hangar Keepers Liability 500,000 each accident Comprehensive Public Liability and Property Damage, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident Products liability 500,000 each accident (7) AIR TAXI SERVICE. Lessees desiring to engage in air taxi service must hold an FAA Air Taxi -Commercial Operator Certificate with ratings appropriate to the functions to be accomplished, and shall provide as a minimum the following: Basic Requirements for Land. The leasehold shall contain 75,000 square feet of land for buildings and shall increase land area to provide additional facilities such as private auto parking, paved hangar apron and public paved access walkways, etc. Basic Requirements for Buildings. Lessee shall lease or construct a building providing a minimum of 1600 square feet of properly heated and lighted space for office and customer lounge, shall provide a public telephone and public restrooms, and shall lease existing facility or construct a hangar providing 10,000 square feet of storage space. Basic Requirements for Personnel. Lessee shall provide two FAA certificated commercial pilots who are apppropriately rated to conduct single and twin -engine air taxi service. Basic Requirements for Aircraft. Lessee shall provide either two four -place aircraft and one twin -engine aircraft, or two helicopters, all meeting the requirements of the Air Taxi/Commercial Operator Certificate held and the requirements of instrument operations capability under FAA Part 135 or FAA Part 121. Basic Requirements for Hours of Operation. Lessee shall provide operating hours twenty-four (24) hours a day, seven days a week. Basic Requirements for Insurance Coverage. Lessee shall provide the following minimum insurance coverage: e 3� Ordinance No. 82-3078 Page 8 Aircraft Liability Bodily injury 100,000 1,000,000 Property damage 200,000 Passenger liability 100,000 Comprehensive Public Liability and Property Damage each person each accident each accident each passenger, each accident Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident (8) AERIAL APPLICATORS. Lessees desiring to engage in aerial application operations must hold an Agricultural Aircraft Operator Certificate issued by the FAA under Part 137; comply with requirements of the State and political subdivisions thereof; and provide as a minimum the following: Basic Requirements for Land. Leasehold shall contain 75,000 square feet of land to provide for buildings, aircraft parking and tie down, and parking space for loading vehicles and equipment, and shall provide paved apron for loading, cleaning and servicing of aircraft. Basic Requirements for Buildings. Lessee shall lease or construct 320 square feet of building space for office and storage, shall provide a public use telephone and shall construct or lease existing hangar providing 1200 square feet of storage space. Basic Requirements for Personnel. Lessee shall provide one person holding current FAA commercial certificate, properly rated for the aircraft to be used and meeting the requirements of Part 137 of the FAA Regulations and applicable regulations of the State, and shall provide one person to assist in loading and servicing of aircraft. Basic Requirements for Aircraft. Lessee shall provide one aircraft which will be airworthy, meeting all the requirements of Part 137 of FAA Regulations and applicable regulations of the State. This aircraft shall be owned or leased by agreement in writing and based on the lessee's leasehold. Basic Requirements for Facilities. Lessee shall provide a segregated chemical storage area protected from public access, and shall provide tank trucks for handling of liquid spray and mixing liquids and shall provide adequate ground equipment for handling and loading of dusting materials. /3s Ordinance No. 82-3078 Page 9 Basic Requirements for Hours of Operation. Lessee shall be available on call 24 hours during the normal aerial application season. Basic Requirements for Insurance Coverage. Lessee shall provide for the following minimum insurance coverage: Aircraft Liability, Property damage 200,000 each accident Comprehensive Public Liability and Property Damage, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident (9) MULTIPLE SERVICES. Lessees desiring to engage in two or more commercial aeronautical activities must provide as a minimum the following: Basic Requirements for Land. The leasehold for multiple activities shall contain 75,000 square feet of land to provide space for specific use area requirements established for the services to be offered (specific use spaces need not be additive where combination use can be reasonably and feasibly established). Basic Requirements for Buildings. Lessee shall lease or construct a building containing 1600 square feet to provide properly lighted and heated space for office, public lounge, public restrooms and public telephone, and shall lease or construct a building providing sufficient square footage to meet the most stringent requirement for building space as provided for the respective activities to be engaged, and in no case shall said square footage be less than 7500. Basic Requirements for Personnel. Multiple responsibilities may be assigned to personnel to meet personnel requirements for all activities. Basic Requirements for Aircraft. Lessee shall provide all requirements for aircraft for the specific activities to be engaged in; however, multiple uses can be made of all aircraft, except aerial applicator aircraft, to meet these requirements. In order to meet these requirements, however, a minimum of five fixed -wing aircraft or two helicopters must be owned or under the direct control of the lessee and based on the lessee's leasehold. Basic Requirements for Equipment. Lessee shall provide all equipment, specifically required for each activity. Basic Requirements for Services. Lessee shall provide all services specifically required for each activity during the hours of operation. 136 Ordinance No. 82-3078 Page 10 Basic Requirements for Hours of Operation. Lessee will adhere to the operating schedule as required for each activity. Basic Requirements for Insurance Coverage. Lessee will obtain the highest single coverage in the amounts established for each type of insurance required for the specific activity. (10) GENERAL REQUIREMENTS. Building space requirements may be provided in one building, attached buildings or in separate buildings. All lessee personnel required to hold FAA certificates and ratings shall maintain such certificates and ratings. All lessees offering any of the services or combinations thereof shall do so under written lease with the Airport Commission. (11) FLYING CLUBS. a. Definition. For the purposes of this section, a flying club is: 1. a partnership or corporation the sole assets of which are aircraft(s) and related property where there are seven (7) or more equal owners or, if not equal ownership, then each owner having ownership of not less than ten percent (10%), or 2. joint -ownership of aircraft(s) and related property, where there are seven (7) or more equal owners or, if not equal ownership, then each owner having ownership of not less than ten percent (10%), or 3. any other partnership, corporation, or any other entity which meets the above requirements but which has less than seven (7) owners/members and which applies to and receives approval from the Airport Commission to operate at the airport as a flying club. b. Operational Requirements. The following requirements pertain to all flying clubs desiring to base their aircraft on the airport and be exempt from the minimum standards: 1. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual use of operation, maintenance, and replacement of its aircraft. 2. The club will file and keep current with the Airport Commission a complete list of the club's membership and investment share held by each member. 3. The club's aircraft will not be used by other than bona fide members for rental and by no one for commercial operations. 137 Ordinance No. 82-3078 Page 11 4. Student instruction may be given in club aircraft only by an instructor certified by the FAA. 5. Each aircraft owned by the flying club must have aircraft liability insurance coverage in the following amounts: Aircraft Liability, Bodily injury 100,000 each person 1,000,000 each accident Property damage 200,000 each accident 6. All aircraft owned or operated by a flying club or leased by a flying club will have the same maintenance performed on said aircraft as is required on aircraft operating under Part 135 of the FAA Regulations. (12) LEASE PROPOSAL REQUIREMENTS. The Airport Commission will not accept an original request to lease land area unless the proposed lessee puts forth in writing a proposal which sets forth the scope of operation Lessee proposes, including the following: a. The services Lessee will offer; b. The amount of land the lessee desires to lease; C. The building space Lessee will construct or lease; d. The number of aircraft Lessee will provide; e. The number of persons Lessee will employ; f. The hours of proposed operation; g. The number and types of insurance coverage Lessee will maintain; and h. Evidence of Lessee's financial capability to perform and provide the above services and facilities. (b) None of the above Minimum Operating Standards are intended to prevent any person, firm, or corporation operating aircraft on the airport from performing any services (including, but not limited to, maintenance and repair) on its own aircraft. Section 4-48 is hereby amended to read as follows: Sec. 4-48. Alcoholic liquors and drugs. No person shall take any aircraft from the landing area or hangars or operate the same while under the influence of, or while using or consuming any alcoholic liquor, beer, or controlled substance as defined by the Code of Iowa. /3of Ordinance No. 82-3078 Page 12 Section 4-54 is hereby repealed and a new Section 4-54 is hereby created by substituting the following: Sec. 4-54. Building construction; ground rental and charges. (a) Any person desiring to erect or construct any building on the municipal airport shall be required to submit plans and specifi- cations for the same to the Airport Commission. Commercial hangar buildings shall be of fire resisting material, and conform in general as to size and shape, to existing airport hangars at the municipal airport. Space for buildings shall be charged for at the price set forth by the Airport Commission. (b) All rentals and fees shall be paid in advance to the manager of the municipal airport or to any other person designated by the Airport Commission. Section 4-68 is hereby amended to read as follows: Sec. 4-68. Exemptions. Officers and enlisted personnel of the United States Army, Air Force, Navy, or Marine Corps, and officials of the United States, while actively engaged in the operation of aircraft in the service of the government, shall not be subject to the provisions of this article. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. 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. Passed and approved this 31st day of August, 1982. VUALU l d 11LP a1" ( MAYOR ATTEST: , CITY CLERK Received & Approved By The Legal Department z6 9z. IT __ FT_ /39 I It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL y LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 8 03 82 Vote for passage: Era Lynch, cDonald, Neuhauser, Perret, Balmer. Nays: None. Absent: Dickson. Second consideration 8/17/82 Vote for passage: Ayes: Perret, Balmer, Dickson, Lynch, McDonald. Nays: None. Absent: Erdahl, Neuhauser. Date published 9/08/82 J414 CITY C./F CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWr CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3078 which was passed by the City Council of Iowa City, Iowa; at a regular meeting held on the 31st day of August , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 8th day of Sectember , 19 82 . Dated at Iowa City, Iowa, this 28th day of September , 19 82. Printers fee Va CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at the , was published in said papeA time(s), on the fol - Subscribed an this Zday d sworn to before me of A.D. Public NO. /-D( MJULIS�lU/ OFFICIAL PUBLICATION geei. Reeuirrnts far Hours M Operation. A Meter of NO aircraft aimall provide operating issues fro OROIIBIICE N0. 82-07q 8:00 a... to SAO p.m. far A mitiY ft of fire days a week. OROIMANCr NBOImg TER . (AIAMT) N TRF CODE OF NplflAi (j1Y, IUM. Basic eepuirrnes fon In.urar Coverage. A Maier Of new aminMt TM Du. of this Amendment4-". SERIN I sl shall provide the following min1N'. ` IRANIA 4-3 1-a0 and /-5J, Is rv�G TOM iply insurance cowraga: o air be[Au. LmaY tl lerr'r apply ss airport Operations, ing st rnd Section mes7 to ode Operating Aircraft Liability, rota At fM standards.City for leers sesl ring to.4,1.Open o City Ai port. tO rnd Section /-M q eating Williams.]Oma BediIY injury: ]00,000 eer RR yV btfone Federal Aviation l N ProPamt; 1,000,000 per M [ration• in piece or outdated in a camp.: NO." each; e Me has, rnd Section OY collect the wrtla Moi t- sumpid ' I ) 040 Passenger liability' 10,ON .apR formals., drps w control led substance And by passenger, 300,/00 each accident. r emclwtp pOIL.11 possession of inffeetating lipsmr substances as to COoperty lee PMitt Ll Nillty alil he cars "City, /-51 by cMpiN the ten rnd gatmt 4-54 PrpeertY OWpe, - U Ni rmr Airport Commission and reselling former paragraph (b). and et eennd by adding ( Bodily injury: 1Accide each Perert. add. cry [M tan Air Force EaW.n Ary and Navy IN thmB each accident; Property SECTIN Il.- A11CNEARK, Sections /-OB, i-39, i -p, nt. 0rge: 100,000 each accident. �. damage - psenrmp of ,Action /-5/ are hereby (1) AIRFRAME ANO/OR CgSER ILWi REPAIR. rNA&l.0. •Airy leer .11, Y engage in en aiffl me AN/.r Rif glint repair 'K gem" seat Provide tl a einfmdm Section a!g is Many, aNg.d to read ma fallAAlr. OFFICIAL 110M CATION Sec, /-16. F.A.A. regulations; air t»e/tc the fO11Mp: requestion.. - EQ.a, gases Rrir far V` VIA M goon shall mevige4 airy aircraft over, IeaseMld shall contain An alma N land LpOo, or fly Ease ar from. or service. Amid ` _ 75,00 square feet to prowfde apse meIntdn, or repair an aircraft on the far all buildings aha tAmeenry alnport. or conduct Any aircraft oeeratloM on �paiAipg of aircraft, aha shall or from the airport dthervtan in ee N pfpvide increased land area N conformation with the mulatims of the, provide additional facilities such iederai Aviation Administration name In effect Ae pili." auto perkip. Paved rw aha Mich Ary mareny adapted by isf..rce aha limned appropriate lot life, paved made • Part o1 these rules as fully At 11 the PARstefm access malkwey, etc. same and each and all of them were cOAPletely ,at forth M.fn. I Basic 'ReWirrnts for Buildings. 1 The I.Wi, shall lease an ..J.ting Section eq7 is hereby rapaaled aha a nasr Section 11 facility or construct a building hereby a -J7 is hetreated by substl tuting the provide ),500 Adverse FM suffic end N rt 'clewing: - feet a shop space, meeting local AM stag industrial code rewie aent,, AM SMII lease or construct Sec. d -J7. Use 01 Airport. .Mufonwbuilding spa. OU A ' (e) xo person anal) vee the airport a. A Ease i sivirimmai ofWry IlgMed areae toor "*.I Ior lM carrying Oo O/ aviation or the -frying o1 fle,Cu.tOYrleapcommercial t, eapnss or mail, M ropes, ahaplbl ifres fpr .tudAnt flying, comeuntaations, or f any other cpeeerci.] Wrpose or lraispor- forsatins sdNout fust securing a lease Providerparsedho• tha Airpert Crifafon Ior the rtff, Ipy+Rproperty m be used for said activities. or Ealp Any lessee desiring to Operate at the n airframe peappree0, rnd nay Mid m a4rlrr .who uss Iwo City Airport most comply with the i r power plant .ting. following Ni new Operating Standards: Nail, Redulrints for Hours of (1) AIRCRAFT SALES. My less. desiring Operation. The lessve, snail provide to ergpa to the sale of New Or used dermal Ope,atip hours from 6:0 Aircraft at lose and/or provide ..m. to 5:0 p... for A minimum of as A minimum As fol Inde five days A coat, and shall p.vIM for mechanical .rviw durfp Basic Requirements Ior Land. TM weekends m A call basis. Iea.Mid shall contain 7500 square feet o/ IAM to provide space for A - Basic Reeut,amentA Ion Eeeipeent. Dui icing, storage of aircraft, end tassat Shall provide sufficient display of al rcrafL - equipment,' Supplies and - _ Or parts N Perform Basic Res,irrnts for Buildings. —.—Availability maintemence, In accordance with The lessee small lease or construct maodfAtto.r.' racpmeeodalion. or 11u)) s0uare feet of pro.rlY Iightad asd shall provide aha Mated space for office aha N?--f II sufficient equipment to Accommodate puolic lounge aha shall provide A the .inchrld types of based public use to l won. aha shall lee. aircraft. const-ftor 5000 sofees of wn aircraftit space and hell Basic Requirement, for Insurance provide fadpp, public restroom. Coveragye. Lasses, small provide the _ , ON minimum I ... I.. i1.11. Basic Remirements ser coverage: Lessee shall provide ode Pe is having • curma ant cpert Hal oil Compnmanftee Public Liability IN certificate and current instructors property Dams - rating with ratings appropriate far. i the -type o1 aircraft to M demon- Wily Injury: MAN each person, t WAIN! aha shall provide for Am1,0100,000 each accident; Property Officeto be attended dump apparel- damage: 10,000 eacn Accident. fp Murs. Product. liability: 5N,0N each Accident. Basic Requirements for Dealerships. Any aircraft dealers shall Mid an (D) AIRCRAFT RERTAL. Arc/ Inn - autwortted factory or sub- desiring to engage In the rental of dealership and all aircraft dealsm aircraft to the public must provide shall Mid A dealership license or r. as A Rini. the following: permit if any is required by the 04a1c RANi..tf for EARN. The Stab of low. leeaMold shall contain 75,00 Basic Rful rrnts for Aircraft. a square feet Or land M premia AAbuse,, for aircr ft Parking and building O dealer o1 ne,r aircraft shall macre available at least three current Basic Raquirrnts for Buildings. andel demonstrators AM shall Leer shall Iee. or construct A provide far dmnstrations of building which rill provide 16100 Additional models 01 the manufacturer for which a dealership Apumn feet of pre pely haAtan And lipMad Office Apace. including is held aha shall provide • An adegwte Space fpr customer loosest, adeguete supply of Parts AM atoll provide A LelepMM servicing facilities to customers public use rg public reseropms and shall lease uring aircraft aha parts warranty or construct a building which rill periadi' /regrind 500 square feet of aircraft • Basic Rewireeents for Services. A Aforegn apace. dealer of rev aircraft shall provide for the eMgwn sing Of aircraft and aCGessOrfes during all ..fly Periods AM Shall provide an ade@iata supply of Parts for the type of aircraft sold IN ibell Provide for the repair IN Arrvtcing of Aircraft during the warranty period by its amen set litems. Basic Bapuifaasn,y far personnel. Less" sNil prOvl" tw pessons Nvt,p a oYrfMt vaeeertial Nd ,Nt.tew pilot aartiflcate wine aperopeb4 foliage and an FAA Appeal" flight acheal and air taxi certificate, am sell provide an -fila which le a N attamed daring operating now". Basic Rewire"nts fpr Aircraft. Lessee sNll prwiN six airworthy (craft woad or besot in writing to the lessee of which four sNil W basic trainers and one shall N as advaMed traitor. Basic RawlrapenL for Hours a Operation. dote, shall provide operating Nur. free B:OO .... L 5'. DO p.a. for a i.l. of six dq. a w.k R.Wlrawna for Insurance, Coverage for Meed or L"sed Aircraft. I.,.. .Nil prowl k the toll." dint. insuraMa ..'a'. AlRreft Liability, 0ocilly injury: IN,000 each -"son, . 1,000,000 each accident; Property damp: 200.000 each excitant. CoosrMensive Public Liability am Property Daaage, Bodily injury: 100x000 exb person, 1,000,000 each a idanq Property d~. 200,000 each accident. (e) FLIGHT TRAINING. A, leas" cartel, to an,, in pilot flight instruction shall proviae as a minuesto the following: Wic Requirehante for LAM. The bafeuld SNIT contain 95,000 ague" feet of lama provide some far lessee's buildings am Aircraft / tt1 irons. Basic R.,uiro"nts for Wilding.. Www still INN w c"struct . Welding having 3000 aqua" bet of Properly lighted am heated space to, provide classro", briefing r pilot lounge, office space, public whe telephone, am public raftrpos, am -Mil lease existing ace or construct a spWildirrqq providing 5000 square feet o/ ,aircraft storage space. $..IF RequireNnts for Personnel. Leahae shall provide two persons properly.,tlfiW by FM as flight Instructors to cover the type Of training offered AM a cartifipl FM fligm schNI am air tui OFFICIAL PUBLICATION certlfleate, am shall ProviN currently certified grwM school instructor and ofile, to N ettenba during required operating hours, and certification by FM a pilot school. Basic RlquirswnL for Aircraft. asses sNil Provide either Fie fixed -,ab, aircraft or One helicepte,. in tell case of six fixed-sring aircraft, four 5"11 ha hsic trainer., one sNil N an advance traiNr am one shall M A twLranglha aircraft. In either case regarding IN above rewirod aircraft, the of Mia spall ha property certified for lost fl lot instruction. Basic Require.nts far Hours of Operation. Lester shall prw 10 operating Ieurs aigM noun a it, for a Minions, of si. days A week. Basic R"uire.nts for Insurance Coverage for D.med be Lots' Aircraft. Lasser shall pr"ib the following Minimax in ... am, coverage: - - - Aircraft Liability, Bodily injury: 10(i each person, 1,000,0DO each accie em, Property longe 200,000 each ascident. CtepreNnsive, Public Liability and Property D., Emily injury: 100,000 each person, 1,000.000 each accicent. Property daNge: 200,000 each accidet. (5) AIRCRAFT FUELS W OIL DISPERSING SERVICE. Lessees desiring a dispense aviation fuels and oil and provide other related Services such as tie dawn end parking, shall provide as •Mint. tot follwlng Services am fxilieln: Baste Rewlrw"nts f. LAM. The 1aaNleld [Nil ...in N.Cald spare feet of lam a provide for Buildings, aircraft Parking area �Rtop" with six tie downs am .. `01 rynsEy /q equipNnt. Basic Rewi.t. foe Bulls, fogs. LNSN Foal) construct or ean a building providing 1600 square feet at Space fort offiW en�licNlounger restroos, nand $Nil provide a Public use telephone, aM shall INu or construct a bundim providing 7500 square feet of space foe aircraft storage. Basic Rtwirehanes for Personnel. Less" shall provide a" properly trained parson to to on out, during operating hours. Bas IF Rogwirawnts for Aircraft Service EWipeent. Less" -Nil previa exer,amy sU,tirf twiPsent. adequate fin eating.ifAen aha aircraft eNing New,. Basic Ashowreaeots for Services, las. aNil provide facilities " fuel, Park AM tie dwn aircraft, aha awash aircraft, inflate tIM change aircraft Kim oil, provi4 transportation for at rcraft occupants I. parting reap L office, provide Minor repairs W services Mt rewiring certifiaW textbook rating am operate a Unison. Basic R"ulrea"ts for FNIInnBB Facilities. ass" shall previa. least am "awed f0ter-awippa0 dispenser fired or skills fee dispensing jet fuel am AV gar free separatorScpe Store, tenke having a sinieee capacity of 8000 gallm each, am snail provide at lesft one Astile dispensing truck having at lust NO gallon capacity for aAch grade of fuel am separate dispensing pulps am bears for taell gran of fuel. Basic R"urf. a for Hee, N Operation. less" shall provide fueling service fro 0:00 a... to, uMwn seven days a Mk am still prow'" .,call service Mich hay N required during the hours of darkNes. Basic Requlments do, Inaranpe Coverapt Losses shall provide the 1.nwirg eiot. InwgMat were m Caprhoosive Public Liability am Public D.W, Bodily injury: 100,000 each person, 1,000,000 each Accident; property da"ge: 200,000 each accident; hangar keepers liability: 500,000 each accident; Products liability: 500,000 each accident. (6) RAOio, INSTRL W, 0 PROPELLER REPAIR SERVICE. Lessees awaiting W provide a radio, i"treerrt propeller repair service at Mid an FM repair station certificate and ratings for saw And Provide as a airiness, the following: Basic Rewlro.n0 f. LAM. The IhasNold fNil contain 1500 square feet of Ian for Wilding. Basic hequire"nts far Buildings. Losses $Nil anitruct or lease a Wilding providing 1600 ".are feet of precisely Ii0cod AM halted space W Must an office, public rosettes f.ilitie. and winirr smp and hangar yacr as required for FM repair shop certlficatiN aha sNil provta . public telephone. Basic Rewlrwent. for Pe,stoml. Lass. shall prtvide, one FM certificate repairvan goallfled in .ccorApee with the terga of the Repair Station Certificate. Basic a"uir.ents for hours of Opa Pn. Lassa! shall Preside poorest, Mu, fro 8:00 A. W _ OFFICIAL PUBLICATION $:00 P.s, for a ainietr of fit. days w swot. Basic Raoul rants for Insurance Coverage. Lessee shall provide the fall in, in,.. insurance wverap.: Nota, keepers liability: 500,000 each accident. Coaprehensf" Public Liability am Property Cauage. "al ly injury: 100.000 been person, 1,0001001) each accident; Property cosae,: 200,000 exn accident; Peedaca liability500.000 each aceidant. (7) AIR TMI SERVICE. Lasa". desiring to engage In air Lal sarvice oast Bala an FM Air Taxi-Caonercial Operate, Certificate witl ratings appropriate to the fudetions W M accowlisbed, am Mall provide as e sini. the follwing: Basi; RequirWSKs for LAW. IN )Nsthold shall contain...M,000 square feet of lam for Wilding. am shall increase lam area W Provide additional facilities such as private auto parking, ease Bangor apron am pull is paved access wllaays, etc. Basic R"ui..ts for Buildings. Lessee 'Nil lease or C.h,t, ct A building providing e.ini. of 16400 Moore fast of -,.Rally Noted ares lighted space far office am wsa.r lounge. shall or."& A WIG1 is telephone and public restroase, am shall lease existing facility or constructahangar providing 10,000 square feet of storage space. Basic R"uir"ena for Persmml. Us. shall provide two FM certificated c rclal pilots Mo are appapropri.tely rated W conduct simle am twin -engine air taxi service. Basic R"uireeents for Aircraft. Us. shall provide either two four -Dau aircraft and tow twin - ergine aircraft, or ties Nlicopa,, all weting the r"utrewnts of [N Air Taxi/Cawercial Operator Lrtifi- ate held am the rtquiresants of Instruvent operations capability under FM Part 135 or FM Part 121. Basi "Guiressna for Hours of Operation. Us.ee shall provide Operating hours twnt,fwr (24) hours a day, sewn days a weak. Basic Rewirawats for Insurance {overage. teoW fNil provide the following Ainhw insurance coverage: Aircraft Liability godily tMury: 100,000 exn person, 1.Lo0,agg each acciwnt; Property deosge: 200,000 each accident; Passenger liability: 1013,000 each passenger, each accident. CospreNnsive Public Liability am Property 0~ Bodily injury: 100,000 each person, 1,000,000 each Accident; Property assup: 200,000 each Accident. (B) AERIAL APPLICATORS. Lessees desiring a engage in aerial Application operations oust Mid . Agricultural Aircraft Operator Certificate issued by the FM under part 132; coyly with mlUiressents of the State and political subdivisions thereof; am provide a. a wins. W fol loving: ".it " imsents for LAW. LAs.on Id shall contain n.D00 v "acre 'et of lend L provide fee buildings, al rcraft parking am tie down, am parking space for loading vehicles and eoutpatient, am shall proviN pawed apron for lading, Clearing am servicing of aircraft. Basic geoutrwnts for Buildings, ass" sNil lel. or construct 320 .quare fast of building space for office am SWrap, Mall provide a Public use teleGhoM am SNIT ces[,at or I.... A.isting bangs, providing 1200 -ware that of storage We Basic Rewiresent. for PCespnMl. Lester shall provide one Person holding current FM cnwercial certificate, properly rated for Low aircraft W N used am ousting the r"ui resents of Part 137 of the FM Regulations am ePPHpatel. T"ula- tions of the 544, am Shall provide one ,,an a assist in loading am servicing of aircnaft. "sa R"YtrAWmA for Aircraft. Less. SMII Provide one a rcraft which will N airworthy. Netin, all the reWlre"nts of Part 137 of FM P".1.0. and applicable r"ulaetoir of the State. In,, aircraft tNil N word or leased Ong .,rehant in writing aha tesed pe the lessee's INNMId. ,2j 3 Basic Rewirafw,ts for Facilities. Lessee sell provide a SegregeW IN A11.1 storaee area -,rot cW f, GA Public acun and -bell Provide tank trucks for NMI Ing of liquid :Pray am fixing liquids and shall "'id, adMuta prouM M ,swent forarhiasing am loading of d ,sic Rawirawnts forNur- ooff Operation. Bassas shall available on all M Nur! Ming the no.1 .rlal appliatlon season. gni, Rawlrtsk to far lrourauc! aversge. Leas" $bell provi4 for the fail.'" ."i. i aha! OFFICIAL PUBLICATION cewersge: Aircraft Liability, Property daNge: 200.000 eacb act. dent. Cbepeepensive Public Liability AM ARAB Property Daaage, "oily Injury: 100,000e person, 1,000.000 each accident; Prdpeety, longe: 200,000 each asci Mt. (g) aNTIPLE SERVICES. laesa0 cartel, to, engage in We nor tow. eowercial Aeronautical octroi)]" oast provide as a .4.100 the following; Basic Requiraesnts for Lam. Thy, Issiall for wltiple Activities ,Nil cerin 75.000 span feet Of lam W provide space for specific use area r"uirerna establfiled fee totrervicces a M Nfarod (sMa,fic use l,.s ,rho not 4' additive when caabtnatlee . can be r.asonaply am fWibly .BLtiblisMd). Basic R"uireeent. fair Buildings. Lessw shall lease or L.strxt a building containing 1600 square feet a provide properly I IghW and seated space for office, public Iwge, public restrkees am public "i,mna, am shall base 0, construct a building providing sufficient spare footage to wt tar wit stringent r"uiresent for Wilding eau es provided for the ,aspect" Activities a be engaged am In no ane shall said ,Weed fwa, N less than 7500. Basic Rbwlrewnts fpr Personal. Mittel. responsibilities W W aNipW 0 personal to east porwmrl requirewnta foe ill Activities. ,Basic R"airawnts fou Aircraft. Leos" -ball - Pfovids all rawirtNnte for aircraft for the specific Activities W be engaged in; Wwrver, .10014 uses can N arab of all aircraft, aecept .,is] Wlicaar aircraft, W Met these fawi.U. In ordir W wt yrN "qulrWnts, LwrWr, a minions of five fiscal a1,el.1t or two, Mlic"te, Must N mound of inks, the direct cootrol of tot INtles, am posed On AN lessee's leaNNld. Basic Rectal nL for [W*P A, Lwese AMll provide .Il awipoaot, tpaclfially rpulred fou atth activity. "sic Raqulrsseent. fou Barwlees. lest. Mall provide all .'I -- Specifically required for each activity during the hour of peeeati". "sic "wirsante fou Hawke of Operation. Lessee will W to the operest,g KWNYIa As fowVre far each activltY. "sic Rewb.te for ]essence Coverage. Lessor will obtainthe highest single coverage In the assaults as tell i shed for each type of insurancrewired for the sp.ific aetivityr (10) GENERRL REWTKNEWS. OFFICIAL PUBLICATION Section a-" is heroes, aMnM1 M ASSY as fol laws: Wilding space rawiraenta may be 2. The club will file and Sec, a-". Alcoholic Ildwrs enc drugs. pnvfdad in one Whaling, attacW Map Current 'with LM Wlldlnps or In saparabbuildings. Airport Coonisaiol a IW person shall take any aircraft fro this AllIIS.!! PersOnnl rMu1rM to Complete Inst Of the larding Seat ave hangars Or WraL!om FM the will, FM certificates and ntirgs club's neeparship and Mile order, the influence Of, or while 'pa1 shall maintain such certificates investment sbar. held by Of casny Ing aalcoholic ilguInner, r, � and ratings. neater. each ter. Controllad substance as definM by the �& of Sea. All lessees offering any Of This - 3. The club's aircraft will servlcdo or combinations tMfeOf er ML M used DY ober bee and a new ton 6ectien 4-54 is Preciselyre shall do so Comer written lesee wits Dona fide moors fee a-Sa s MrebY created M substituting the, ed by ng the Airport Commission. rental enc no for f011wt w: ereial oparaCi...gns. wela gm Sec. t -K. Building COMtM1Kt1M; gresed (11) FLYING CLUBS. 1. Student instruction erg rental and charges. a. Mf)nitiol. For the pa ins. of bis taction, a flying clue be given in club aircraft only by an instructor (a) Any person hsirl b erect r construct "R I,: certified by the FAA. any building M the municipal airport shall OR regulrsd W slbit Plans aha 1, a partrarship Or cOrDOn- S. Each aircraft plMd by SpKIf1GtiMa far the ase b LAB Airport Coonlaa)on. EOrrcbl bushels, tion the sole asset. of which are aircraft(s) and which the flying club must have aircraft liability insur buildings shall M of Tin misting Property Mason once coverage in the rblfal, aha Collin in plow as to e1n and shape, LY Wisting airport there are Seven ()) Or - following dmOMta:' Mlgars at this monis,", airport. Spaces n equal Severs or, II hot equal ownership, than _ Liability. for buildings forth M chirped for at W each paler having wrar .Aircraft brio set forth M the Airport Cemfsion. Ship of got less use W Wily injury: 100.000 percent (1111), Or each parson, 3,000.000 -- each accident: Property (D) All rentals also fees shall paid in 2. joint-wverlhip N - dama a: 200,000 each a .demi b tom Mnager of the Wnlclpal ai Kart r b ion ober Wt1gIVIW aircraft(a) and MIRROR Accident. - n. tom Airport Commission. PrKertyy wenn then ShallM seven (h or mon apart i/ vet equal 6. All aircraft orad or oparabd by a flying club tie 4-611a Mnby onenndad b had as follows: � goners or, oaarshiD, than each or leased by a flying Club , W. a -Id. Exemptions. .or havi"..,ship of ill have the same not less than Can Percent wainterome Performed on - is Officers aha en11sW Persomal of tom IIAIW (1111), Or said aircraft as eaeratM aircraft States Arg, Air Forte, AS,. or MrIM CeKa, ]. any eller partverblp, Operating Yrdel PM. of and officials Of tom Melt" Stabs, while corporation, or any, other of LM FM Regulations. the - - Actively err ad in tha awratlon of aircraft 1n the Service of the government. shall not M entity which meets the Shove rrguireents but - - (12) LEASE DR0l REWIRENENTS. The subject to LM Dmisiols of bis article. which has less than ben (7) Seaershember. ab Airport CoelsSion will rot aront an Oripi MrEd ieaSt lsae Lard SECTION Ill REPEALER. All Ordinances, and pets which Wiles TO mrd area unless the Droposedl lease pats Ord nasi nceTn711ct wltn tom provision of receives Approval ire forts in writing a proposal Wch toil ordinance are hereby repealed. the Airport Comolulon to sesta forth the scope of operation 1 SECTION VI. SEVERABILITY. If any, Section. DrwM operate at the airprt as Lessee proposes, including tom son er iPhR. atoll M adjudged M a flying club. follwirg: be invalid or us..tltvrtlgal, Such ajustutim b. OperatioNi Requirements. The a. The services Less" will shall eat affect the validity of the Ordi MnM"d following red lireenta pertain offer; whalr or any Section. provision or part bens/ Amt adjudged invalid or unconatitatioral. to all flying clop. desiring to Msa their alrcraR oa LM b. The anwat of loom the lesse SECTIOx v. ERE[TIVE IDL Ordiran" shall allpart lead b exeyt Ir0♦ LM deSlni b Mase; -- Q. n e !c ! LIr s MI paaaage, approval And dnbw standards: pbliution u regal rad by law. ro 1. The Club may t derive c. The building space babe dol - greater revenue frr be construct or lea"; Paassd and approved this 31st day of August. 19111. u" of its aircraft than the Amount necessary for d. The number of aircraft Lesson the actual wb o/ will provide; - lmYnce, Operation. saw �( 1 ow,t o1 its d epltmM orfL i. ste e. inumber 01 rsata he uPe Viii employ; 1. The hours of proposed ATTEST: s operation; September B, 1982 p. The nustor and types oa Ill once are, Less" dol "Intel n; and In. Evidence of bssee'a financiei capability W Derferes and provide the aha" Services aha /Militias. (b) Nene or LM Spon, Nlnimum Operating Standards are InbWed b prevent ge Person, fin, rCorr latiM apentiall aircraft on the airyort from perfaning any "Arius (Including. Out not limited Lo, salnbmnc! aha repair) on it. own ai rtraf t. ORDINANCE THE CITY SECTIONS AND 8.10 SECTIONS ORDINANCE N0. 82-3079 AMENDING ZON OF IOWA CI 8.10.35.20G, .35.22, 8.10.35 8.10.35.18 AND ING ORDINANCE OF TY BY DELETING AND 8.10.35.20I .23 AND AMENDING 8.10.35.20. SECTION I. PURPOSE. The purpose of this amendment is to establish a mechanism for licensing sign installers, a method of revoking or suspending said licenses and a system of establishing fees for sign permits. SECTION II. REPEALER. Sections 8.10.35.18, 8.10.35.20G, 8.10.35.20I, 8.10.35.22 and 8.10.35.23 are hereby repealed. SECTION III. AMENDMENT. 1) A new Section 8.10.35.18 is hereby created by adding the following: 8.10.35.18 License and Permits Required. License required. It shall be unlawful for any person to erect, alter, repair, move, improve, remove, paint or convert within Iowa City, Iowa, any sign except those enumerated in Section 8.10.35.2 (A -J), non -illuminated window signs in C and M zones, and home occupation signs as described in 8.10.3.A.39, without first having on file with the Department of Housing and Inspection Services a sign erector's license in good standing. The license to erect, alter, repair, move, improve, remove, paint or convert any sign as required herein shall be known as a Sign Erector's License and shall be issued by the City Manager or his/her designee to the person, firm or corporation desiring to perform the work indicated above. No such license shall be issued to any person, firm or corporation until such person, firm or corporation shall have paid to the City Manager or his/her designee a license fee as established by resolution of City Council; and shall have filed with the Department of Housing and I 'I 0 lance No. 82-3079 P 2 Inspection Services a copy or a certificate of a contractor's public liability insurance policy with coverage limits of one hundred thousand dollars ($100,000) per person and three hundred thousand dollars ($300,000) per occurrence for bodily injury and ten thousand dollars ($10,000) for property damage liability. The City of Iowa City shall be designated as an additional insured and be notified thirty (30) days in advance of the termination of the policy by the insured or insurer; said policy shall indemnify and save harmless the City of Iowa City, Iowa, from any and all damage, judgment, cost or expense which the City may incur or suffer by reason of said license issuance. Every sign erectors license shall expire on the date established by resolution of City Council unless revoked. The renewal fees shall be set by resolution of the City Council. The City Manager or his/her designee shall be responsible for enforcement of these provisions and shall be empowered to suspend or revoke a sign erector's license for any violation of the sign ordinance which includes Sections 8.10.35.1 through 8.10.35.24, or if the license holder shows incompentency or lack of knowledge or if the license was obtained by fraud. A person aggrieved by the revocation, suspension or denial of a license shall appeal said action directly to the Board of Adjustment. 5. If a license is revoked for any reason, another license shall not be issued for twelve (12) months after revocation. Permit required. No person, firm, or corporation shall erect, alter, repair, move, improve, remove, paint, or convert within Iowa City, Iowa, any sign except those enumerated in Section A4z lance No. 82-3079 3 8.10.35.2 (A -J), non -illuminated window signs in C and M zones, and home occupation signs as described in 8.10.3.A.39, without first obtaining an erection permit from the Building Inspector and making payment of the required permit fee. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code and the permit fees required thereby. A separate permit shall be obtained for each sign. 3. Only a person, firm, or corporation holding a valid Sign Erector's license issued by the City may obtain a permit to perform work regulated by this section. 4. No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his/her employ. Permit fees. Every applicant, before being granted a permit hereunder, shall pay to the Building Inspector a permit fee for each sign, other than those enumerated in Section 8.10.35.2, nonilluminated window signs in C and M zones, and home occupation signs as described in 8.10.3.A.39. Said fee shall be established by resolution of the City Council and subject to the following: 1. The fee for an alteration to an existing sign shall be based on the actual area of the alteration, and not necessarily for the total area of the sign. Any person found to be erecting, altering, repairing, moving, improving, removing, painting or converting any sign or other advertising structure prior to the issuance of a permit, or who has erected, altered, repaired, moved, improved, removed, painted or converted a sign or other advertising structure prior to the issuance of a permit, shall be /0 Orel^'rice No. 82-307 Pa( charged double the I-TUT*111al fee, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this ordinance in the execution of the work nor from any penalties prescribed herein. 2) Section 8.10.35.20 is hereby amended by deleting subsections A., G. and I. A new section i subsection substituting ting of d he followings hereby A Name erector�dresslicensehonnumber and sign applicant. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict withthe provision of this ordinance are hereby rep SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validyfthe Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This g rdinance shall be in effep ct after its final assa a app nd publication as required by law. Passed and approved this 14th day of September, 1982. AYOR ATTEST: VVVVVV CITY CLERK It was moved by Balmer , and seconded by Perre_ t that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET x 01 ante No. 82-3079 Paye 5 First consideration 8/17/82 Vote for passage: Ayes: Dickson, Lynch, McDonald, Perret, Balmer. Nays: None. Absent: Erdahl. Neuhauser. . Second consideration 8/31/82 Vote for passage: Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. Date published September 22, 1982 Received & Approved By The Legal De artment P111 B Z ,1Y�r CITY CSF- 1OWt-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3079 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of September , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 22nd day of September , 19 82 Dated at Iowa City, Iowa, this 28th day of September , 1982 . ABBIE STOLFUS, CITY QLERK k Ald, trill Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att�t�$�,had�� was published in said a 0��: 1lsl, on the fol Subscribed and sworn to �before me this OC / day of A. D. 19C)/-) J / I Notary Public No. ia31&�2__ tete `° JuUmli c� OFFICIAL PUBt2CAT ION Oe01110,110E W. 82-30)9 •obrM E WWI% IOalm Oe01MAle2t" HE CRY 01 INA CITY BY Of L"IK SECT IDMS a. 10. 35.2 , AsC 8. 78. 35. 2Q,E. A1O d.10. 35. 22. A. 10. 35.23 AN) WWII/ . SECITOBS 9. 10. 35. 1a AMB 6.10.35.20. SsCTiNeS "IMPOSE_ int "rpeie o1 "If AbandeMt secw iy Iaf Ilcensip sign Install.,, a eetbod of re atlnnqq Or sYSPfnAIl19 .14"rests. licenses are. A fy"aw of e.ttlllsMp Ices ler sign TIN I1 At[6. Sections 8. M. 35. 18, 0152x. S.1S 15.201. 8.10.35.22 and 6.10.35.23 are hereby rso sled. 3[CTIN III. AMEMCNOwT. 1) A waw Section 8.10 35 is Ia hereby created by aWlry IN tot lsvisg. A, 10. 3S. 1e License are ferwfcs A,,v,,ed. A. ucenu rpuirrd. It still N unlawful for are person to erect, after, nal". au" Iprore, relove, paint ar bdrweri .,thein law City. Ioue, sly sign exc"t those h.11W in Section 8.10.35.2 (A -J), Mn-illwiNW w1nUe, sloe in C And M anus, .nd Fete occpatioo signs as astrlbed In 9. 10.1.A,A, without first Nr a. epar with LN aleent 239 A"l wi"cti0h Services A sign aracter's license in good '"Ming. The I temx to erect, altar. 'A"U, w, latrines. raMowe, paint or c art Ary If" As r'eeulrad N". shall be k"M A. a Sign Erector's License aM shall be issued by LN City how"r or his/bar "119. tothe,"non, fin or coltesti. desirlmt�' to "IfOn tba work 1"{"IN antes. do Such liCen" shall M issued " airy "run, flow or cefperatiu until such person, I. or corporation still heve tele to this CIIY 14 hall or hi./hor astgnue a license fee as atablishad by "solution of City toured; .M still Nee "led N" the Daterteent of hously3 are 1NpKtIM Servtces A copy or A tarliflut/ of A conlractai public liability insurance polity wIt' caws" limits of o" nundel tlbuuN dollars ($I00,o0O) "r "r -al M three NiidrM thousand dol"es ([300,000) per occur"Me fir bbmly injury are two [house" ii (310,000) far property dawge liability- The City of los. Pty still N designated As so additional insured are N Mt"'.d pair" (30) days ih a are of tho OFFICIAL PUBLICATION rm teinataln of the pelicy by the :lured or Lwurev; Nto policy Ill I., ry And s ve Altai Sy� IN City of Iowa City. Iwo, 1. W Oryand ce"fix [Mich Gae[ftya"lexclCast Suffer b eases laid IMYf is>wnce. y . of s is raceme 3. Row" sign the arecursestablishedteme still noire on theSate ut city[pencil ell.,; catokThe reneelw.i 'Nil to .des by set by resolution f the city CDYMII, 4. TN City tanager Or tis/her desfonee responsible beresponsible for enl0nuenl of these provls400s a" still be eapowered to snipe"orr,v.k. A 'ion erre,.,.x )fC.AM [" any violation of the sign dnjaAws .rich includes Sections 6.10.3s.1 8.10.35.24, or if try "reupn hodo lr ahn a Incense MIepMPpy lack of knowledge or it tree license los obtained by trade. A Does. aggrieved pry the nvanion, suspension or atrial or a ILCMN still appeal Said actilh direttly u the Board of Adjustaent. P a licanx is revoked for any reason, another lit nse shall hot be issued t" cull-¢ (l2) e"lha atter revelation, gW_-y0 79 e. permit .eeuiral. 1. N "non, firs, Of coroofatlu 'hall treat, alter, repair, love, iprove, remove, paint, or cawed within Iowa City, lova, any sign except those enuseratae to Section &10.35.2 (A -J), hon -Must ¢ted iters, c,,, in C and s tones. And Fele upn attesi' Deuy rlp 11 8. 10.3. A. 39,gnwithout first Obtaining an erection ",wit ba the building Inspector uh, aaklnp w„ynt or the required wueit fee. All it usi M[N signs shell, in addition. be suFjact to the pro,ow., of the Elaci iicAl Cedo anti the "reit f"s r iced thereby. L A water." "nit IN,, be abulsad for WA Sign. 3. Only A "run, It-, or corpooatloo t N)di" A v.1i4 Sign E,ecter'. It license iwsutd by tN City bay y ob"In . "raft to serf. rt regulaud by this s«tion. a was "ran 'till allow by stir person to do or Cause to N Ohre any sulk under A "raft secure th3' A "Mitt except persons in Ms/Nr "ploy. OFFICIAL PUBLICATION C. Permit lees. (vary a"licant, before be" prentN A "nit N".neer, 'ball pay to the Builaiip Inspector a ",wit fee for each sign, other tlwn these examratad i Section 6.10.35.2, bull l luethated window signs I. C are M torus, alb nese occupation signs as deacsibed fn B. 16. 1. A.39. Said ere shall be established by resolution of the City Council and subject to the following: 1. IN fee for an alteration to an e."if, sign shall be hosed on the actual area of the al"ration, and hot necessarily for the total area of the site. 2. A, person i"nd to he eractine. Altenp, repsi"'. uevip: "'.vin, resbviN. paintingconvertillp any sign or other adoeftlsip structure all., to the "'u.po of a "raft, or who was trotted, altered, re"1"d, shot ipraved, v.d. telnted or converted A sign or ."Or advertising structure prior to the sswnce 01 A perwit, still be chargM Opole the ...I e", hot the payment of such double fes shall hot relieve uy person fru fully oplyinp with the respirawn" of this ordinance In the executlon of the work Mr Ire any pe itiM ,. p"urlbed N"in. ' 27 Sweet. 6.70.35.20 is horeEy awned 4 deleting sub.ectioN A., G. rid 1. A W subsect,on A. of said sectio Is h-Pft created by substituting to. f.l l.f g: A. Mare, address, utepnuM nwal W alp[ "ecur's licens! 4~ of the Will iunt. QCT IN IV eEPIALEe. Alt ordinances a" para of OfillopuleA In conflict with the proYlstM of "is a diNoce A" barley rsp cel". QCTIOe V. SEVIIA ILITY. If airy section, Prov, s,� the oed1NMa shall a Adjudged to be invalid or YMonstltutfwi, such ajudfcatfu still but affect the validity of the Ord,Mncz as a Mole or any section, pr"iilu or. "r[ IN"oe hot sdj"ped imalia or Yncpectf"tlo"1. SECTIN VI. ERECIIVE NTE. This Ord1NMe shalt be n ¢ Kt- n ei♦�ter iF._I♦MI peseage, approval Not golfcaLon as reoui"d by law. Patua a"/amr1.leded this 14th ay or Sapleaidle., AlTE51: �CITPCL September 22. 1962 ORDINANCE NO. 82-3080 ORDINANCE AMENDING SECTIONS 8.10.3, 8.10.4, 8.10.19, 8.10.24 AND 8.10.26A OF THE ZONING ORDINANCE OF THE CODE OF ORDINANCES, AND ADDING SECTION 8.10.10.1 TO THE ZONING ORDINANCE OF THE CODE OF ORDINANCES. SECTION I. PURPOSE. The purpose of this amendment is to amend the Zoning Ordinance to provide a residential zone for manufactured housing. SECTION II. AMENDMENT. The Zoning Ordinance of the Code of Ordinances is hereby amended by the following: A. Section 8.10.3 of the Zoning Ordinance is hereby amended by adding the following: 53a. Manufactured Housing. Includes mobile and modular homes as herein defined. 53b. Mobile Home. A single family dwelling unit, built on a. chassis, suitable for year-round occupancy and containing water supply, waste disposal, heating and electrical conveniences excluding recreational vehicles. 53c. Manufactured Housing Park. A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. 53d. Modular Home. Any single family dwelling unit which is manufactured in whole or in components at a place other than the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part .of its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home. Section 8.10.4 of the Zoning Ordinance is hereby amended by adding the following: /04 Oru r r,dnce No. 82-3080 Page 2 RMH - Residential Manufactured Housing C. The Zoning Ordinance is hereby amended by adding the following: 8.10.10.1 RMH Zone Use Regulations. Premises in the RMH Residential Manufactured Housing Zone shall be used for the following purposes only: 1. Manufactured housing, provided, however, that not more than two persons not members of the family may room in such premises. 2. Churches. 3. Golf courses and country clubs except miniature courses or driving tees. 4. Nurseries, pre -kindergartens, and other private or special schools where at least 100 square feet of open play space is provided for each child'enrolled. 5. Family care facilities. 6. Farms, truck gardens and nurseries. D. Section 8.10.19 of the Zoning Ordinance is hereby amended by deleting Trailer Camps as a use, and by deleting the following specific conditions: "1. All inhabited trailers in the City shall be located in a trailer camp. 2. Trailer camps shall provide 3000 square feet of land area for each trailer. 3. At least 20 feet shall be maintained between trailers. 4. All trailers must front on a paved road having not less than 12 feet of clear, unob- structed roadway at all times. E. Section 8.10.24 of the Zoning Ordinance is hereby -amended by adding the following: F. The minimum zone area for an RMH zone shall be not less than 10 acres. F. Section 8.10.26A of the Zoning Ordinance is hereby amended by adding the following: 8. In the RMH zone, pursuant to the require- ments of Chapter 22 of the Code of Ordinances: Or nce No. 82-3080 Page 3 (a) Management office. (b) Manufactured housing sales. (c) Equipment and materials storage. (d) Tenant storage. (e) Laundry facilities. (f) Swimming pools. (g) Tennis courts. (h) Recreation buildings/club houses. (i) Parking areas. (j) Garages. (k) Single family residence of owner or manager. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provi- sion 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. Passed and approved this 28th day of September, 1982,: YOR ATTEST: U e, i CITY CLERK Received &ilia A,rNeve= gat paponmaaf /iy It was moved by Balmer and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration August 3, 1982 Vote for passage: Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Erdahl. Absent: Dickson Moved by Perret, seconded by Erdahl. Second consideration August 17, 1982 Vote for passage: Ayes: McDonald, Perret, Balmer, Dickson, Lynch. Nays: None. Absent: Neuhauser, Erdahl. Date published October 6, 1982 j i/ CITY Or- IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500CD STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3080 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of Seatember , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 6th day of October , 19 82 Dated at Iowa City, Iowa, this 16th day of November , 19—u--. %laj. MARIAN K. KARR, DEPUTY CITY CLERK Printers fee 6 n_-4 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hed, was published in said paper time(s), on the fol- lodate I: V�A /M Cashier Subs�cr�ibed� and sworn to before me this nn4-1 flay of�t111---, A.D. 19. I Notary Public No. — I Z `y luu surwucei Is OFFICIAL PUBLICATION OFFICIAL PUBLICATION 0ROINANCE N0. 82-30.90 8. ORDINANCE 'AMENO1 NO SE CTI DNS 0.10 1��,,,,,�,a.��y�r� 8.10.4, 8.10.19, P. 10.Z4 AND 8: 16.26,4 11ho }n, aN THE ZONING ORDINANCE OF THE MOE gb ORDINANCES, AND ADDING SECTION 8.10.10.1 'i q.,-g(i TO THE ZONING ORDINANCE OF THE CODE 'OF'/,::.1ppe.!4 ORDINANCES. X SECTION f PURPOSE. The purpose of this amend iki ns to ARAN di et Z..i g ordinance to provid" residents) zone for Manufactured housing. SECTIONHI. AMENDMENT. The Zoning Ordinance'0f' the CAd, or motes is hereby amended by to" lol lowing. M. Septi on ended of thehe Zoning OMin. fa is herJly amended by adtling the fol lwing: .1ky 53i4,i:;�S1I>i�nufactured Housing. includes ardour's[ 11� modular paces as Herein defined. # A 536. MdbPTe Home. A single family d.e lyP.g' unit'; built on A chess l A. sotablel Lor year-round occupancy ands con 9 ate, supply. waste at sposa I, he, de9 and electrical conveniences uludirg recreational vehicles. Sac. Nanuf'tv,md Hoes Ing Park. A Lract of land which has been planned and improved r the placement of mabufacturij, Pausing on leased spaces. - 53d. MMoo¢¢uuiaa.} H.. Any single family *,Ming unFC Mli ch is manufactured Ieyhdjti or in components at a place other thin the location where it is to be Placed; .pith aaseeblad Inkwlggroror in ca nts At the location wh¢s�' it if to be permaMntly lhca which fest' or Permanent foundationslab, which does not have: snNl of A of fiked as A Part of 1Ps nosioel construction; and .rich dnes not yFgeire A license by any a9orm, as a motor vehicle, special equipment, LraJ ler. Notoe home M cebijr none. Section 8.10,4 of the Zoning Ordinance is hereby amended by adding the followiig. RMH - Residential Manufactured! Housing The Zoning Ordinance is hereby amended by adding the follwing: 8.10.10.1 RAW Zone use Regulations. Premises in the RMH Residential Manufactured sousing Zone shall W used for the 101oking purposes only: 1. Manufactured housing, provided. Adwever, that rotmore than two persons not o o embalmers f the family May table in Such premises. L churches. 3. Golf course, and wu., clubs amceyt miniature courses or driving tees. 4. Nurseries, Pre -kindergartens, and other private or special schools where at least 100 square feet of open play space is provided for each cM Id enrolled. i Fanily care facilities. 6. Fares, truck gardens and nurseries. D. Section 8.10.19 of the Zoning Ordinance is hereby amended by deleting Trader baps As A and by Waiting the follo.ing specific conditions: -1. All inhabited trailers in the City shell be located in a trailer camp. 2. Trailer camps shall provide 3000 square feet of lana area for each trailer. 3. At least M feet shall be Maintained between trailers. 4. All trailers ..At front On A paved roved, having rot less than 12 feet of clear, undo - strutted roadmay at all times. E. Section 8.10.24 of the Zoning Ordinance is hereby amended by adding the f0lovinl,: OFFICIAL PUBLICATION F. The minimum zone area for M igMl thim Mall be not less than 10 acres. F. Section 8.10. 26A of the Zoning Ordinance is hereby amended by adding the follovirg: 8. In the SHIN zone, pursuant to IM require- ments of Chapter 22 of the Code of Ordinances: (A) Management office. (b) Manufactured housing sales. (c) Equipment and materials storage. (d) Tenant storage. (e) Laundry facilities. (f) Swiaoing pools. (g) Tennis courts. (h) Recreation buildings/c'ub houses. (i) Parking areas. (j) garages. (k) Single family residence of onwr or manager. SECTION III. REPEALER. All ordinaroes and parts .Fcrdj7-_—_s_7n_Eb_nTIizt with the provisions Of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If Wry section, provi- sion or be Invalidrtor mrconstituti.mal. such ajudtcation she not affectthe walidity of the Ordinance as a whole or any set ion, provision or part thereof rot adjudged invalid or unconstitutional. SECTIOx V. EFFECVE GATE. This Ordshall be fn act aTI fter its Ordinance hall p35sage, approval aha pWlication as required by lax. Passed and approved this 28th day of September 1982, Y ATTEST: OCIOber A 1-1 ORDINANCE NO. 82-3081 ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to update the regulations pertaining to mobile home parks. SECTION II. AMENDMENT. Chapter 22 of the Code of Ordinances is hereby amended by deleting Articles I, II and III in their entirety and replacing them with the following: Chapter 22 MANUFACTURED HOUSING PARKS ARTICLE I. GENERAL Sec. 22-1. Purpose. The purpose of this ordinance is to provide minimum standards for the design, development, and improvement of all new or improved manufactured housing parks. It is further the intent of this ordinance to provide semi-permanent single-family residences, with adequate public facilities and services, to promote development consistent with the comprehensive plan, and to promote provide for the health. safety, and general welfare of the citizens of the City of Iowa City. Sec. 22-2. Applicability. This ordinance shall provide minimum standards for the design and development of all new manufactured housing parks, and the substantial redevelopment of all existing manufactured housing parks. Those existing manufactured housing parks not meeting the requirements set down herein shall, upon any substantial and material redevelopment, be required to conform for the altered area. "Substantial and material redevelopment" shall be construed to mean the alteration of any existing park layout from what is shown on the approved plan in an amount that, collectively over time, affects more than 10 percent of the parks' existing area, or two acres, whichever is greater. If the gross park area is increased by more than 10 percent collectively over time, or by two acres, whichever is greater; all provisions of this ordinance shall apply to the additional area of the park. In order to establish the existing level of development, all existing parks shall be required to submit a plan meeting the requirements of Section 22-18 Final Plan. Review of said plan shall be in accordance with procedures for final plan approval. Sec. 22-3. Definitions. As used in this Chapter, the following terms shall have the meaning indicated. Definitions of the Zoning Chapter (Appendix A of the Iowa City Code of Ordinances) shall apply to other terms used herein. fro 2 Manufactured Housing - Includes mobile and modular homes as herein defined. Mobile Home - A single-family dwelling unit, built on a chassis, suitable for year-round occupancy and containing water supply, waste disposal, heating and electrical conveniences. Manufactured Housing Park - A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. Manufactured Housing Space - A plot of ground within a manufactured housing park designed for the accommodation of one manufactured housing unit and which is leased to the manufactured housing owner. Modular Home - Any single-family dwelling unit which is manufactured in whole or in components at a place other than at the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home. Park - Shall mean a manufactured housing park. Parking Area - Four (4) or more parking spaces and an aisle(s). Patio - A surfaced outdoor living space consisting of such materials as wood, brick, concrete or other similar solid and dust -free materials, at grade and directly adjacent and accessible from a manufactured housing unit. Recreation Space/Open Space - That portion of the park that is not covered by drives, parking spaces or isles, and intended to provide for recreation buildings and other recreational facilities such as swimming pools, tennis courts, playgrounds, and playing fields. 157 3 ARTICLE II. PARK LICENSING PROCEDURE Sec. 22-16. Applications. (a) Submission requirements. Any person who wishes to establish a manufactured housing park shall file the following information and materials with the City Clerk: (1) A location map which shall contain the manufactured housing park name, outline of the tract upon which the park is to be located and existing streets and city utilities on adjoining property. (2) Seven (7) copies of the preliminary site plan of the manufactured housing park containing the information required in Section 22-16(b). (3) A completed "Application Form." (4) An application fee payable to the City of Iowa City. (b) Preliminary site plan requirements. (1) Legal description, acreage and the name of the manufactured housing park. (2) Name and address of the owner. (3) Names of the persons that prepared the plan, the applicant's attorney, representative or agent, if any, and date of the preparation of the site plan. (4) North point and graphic scale. (5) Contours at five (5) foot intervals or less. (6) Layout of existing and proposed street systems, lot lines, sidewalks, manufactured housing spaces, and parking areas. (7) Location of existing and proposed water mains, sewers, drain pipes, culverts, water courses, storm water detention facilities, and fire hydrants. (8) Grades of existing and proposed streets and alleys. (9) Location of areas proposed to be dedicated or reserved for parks, playgrounds, swimming pools, other recreational areas, schools, and open space. (10) Land within the park not to be developed at the time of initial approval of the plan, and estimated time of development, and uses proposed. /5z 4 (11) Distances between the park, and buildings and structures adjacent to the park. (12) A signature block for endorsement by the City Clerk certifying the Council's approval of the plan. Sec. 22-17. Preliminary Approval. Procedures for preliminary approval of any manufactured housing park shall be in accordance with the procedures for preliminary approval of subdivisions and large scale residential developments. Such approval shall be done by resolution and shall be binding with regard to preparation of the final plan. Sec. 22-18. Final Plan. (a) Submission requirements. The following information and materials shall be filed with the City Clerk: (1) A transparent, reproducible copy and seven (7) prints of the final site plan containing the information required in Section 22-18(b). (2) A completed "Application Form." (3) An application fee payable to the City of Iowa City. (b) Final site plan requirements. (1) The final site plan may include all or part of the preliminary site plan. If the final site plan does not include the entire development illustrated on the preliminary plan, the portion shown must be able to function as a separate development, including access and utilities. (2) The scale of the final site plan shall not be smaller than one (1) inch equals fifty (50) feet, unless the resultant drawing would be larger than twenty-four (24) inches by thirty-six (36) inches. In no case shall the scale of the plan be smaller than one (1) inch equals one hundred (100) feet. (3) The final site plan shall include or have attached an accurate legal description of the boundaries of the park illustrating: (a) Accurate references to known or permanent monuments, giving the bearing(s) and distance(s) from some corner of the park to some corner of the congressional division of which the park is a party or to some corner of a lot or block within the City of Iowa City. (b) Accurate boundary line dimensions in feet and hundredths of feet, with angles and/or bearings, providing a survey 1.50 5 with an unadjusted closure error not greater than one (1) foot in ten thousand (10,000) feet. (c) Accurate location of all existing and recorded streets adjacent to the boundaries of the park. (d) Acreage or square footage of the park. (e) Certification of the survey by a registered land surveyor of the state of Iowa. (4) The final site plan shall include and illustrate the following: (a) The boundaries of the park shall be accurately drawn and annotated. (b) Accurate dimensions and curve data for all street lines and private drive centerlines shown on the plan. (c) Names of all streets and private drives shown on the plan. (d) Approximate dimensions of all existing manufactured housing space lines with angles to adjacent street lines. (e) Dimensions of all proposed manufactured housing space lines with angles to adjacent street lines. (f) Dimensions illustrating location and size of all existing and proposed walks, drives, parking areas, structures and areas reserved for other uses or future development. (g) Location, width and purpose of all existing and proposed easements. (h) Land for future park development and estimated time of development. (i) Name of the development. (j) Name and address of the owner(s) and/or developer(s). (k) Applicants' attorney, representative or agent, if any. (1) North point, graphic scale and date. (m) Certification by utility companies that the utility easements as shown on the plan are adequate. (n) A signature block for endorsement by the City Manager or his/her designee. (o) Certification of the park boundary description by a registered architect, engineer, landscape architect or land surveyor of the state of Iowa. /SY N (6) The final plans shall also be accompanied by the following instruments: (a) Dedication of streets, sewers, and water lines and the granting of easements where required. (b) Resolution for approval of such dedications and grantings by the Council in a form approved by the City Attorney. Sec. 22-19. Final Plan Approval. Final plan approval is an administrative action. No public notice or hearing is required in connection with the approval of final plans or minor changes from approved preliminary plans. Approval of final plans and reports for all new manufactured housing parks shall be based on substantial compliance with the preliminary park plan with any modifications required by the Council at the time of preliminary approval. Upon approval of the final plan by the City Manager or his/her designee and certification of compliance with the plan by the Building Official and any other officials, the City Clerk shall issue the annual license. Sec. 22-20. Changes in Approved Final Plans. Changes in approved final manufactured housing park plans including minor changes in building or manufactured housing space arrangements may be approved by the City Manager or his/her designee only upon findings that such changes are conceptually consistent with the preliminary plan. All other changes shall require amendment of the preliminary and final plan. Sec. 22-21. Building Permits: All building permits and licenses shall be issued on the basis of conformance with the final plan or minor amendments as provided in Section 22-20. Sec. 22-22. License. (a) Required. It shall be unlawful for any person to maintain or operate a manufactured housing park within the limits of the City, unless such person shall first obtain a license therefore and comply with the requirements herein set forth. (b) Renewal. Upon application, in writing, by a licensee for annual renewal of a license, the manufactured housing park shall be inspected by the Building Official for compliance with the approved plan. After passing said inspection and upon payment of the annual license fee, the City Clerk shall issue a renewal license. 1S.S (c) Posting required. The license issued pursuant to this article shall be conspicuously posted on the premises of the manufactured housing park at all times. (d) Suspension or revocation. Upon the recommendation of the Building Official, the City Clerk may, in writing, suspend or revoke any license issued under the provisions of this chapter whenever the permit is issued on the basis of incorrect information supplied or is in violation of any ordinance or regulation. Appeal of a suspension or revocation of the license shall be before the Board of Appeals (Building), according to procedures set forth in the Iowa City Administrative Code. Sec. 22-23. Violations. Persons who violate any provision of this Chapter or who erect, construct, alter, or repair or have erected, constructed, altered or repaired a building or other portion of the park in violation of the approved plan, as cited by the Building Official, shall be guilty of a misdemeanor punishable by a fine not exceeding $100 or imprisonment not exceeding 30 days. The owner of any manufactured housing park where anything in violation of this Chapter shall be placed or shall exist, and the owner or any agent who has assisted in the commission of such violation shall be guilty of a separate offense. Each day that a violation is permitted to exist after proper notice shall constitute a separate offense. Sec. 22-24. Fees. All fees for manufactured housing parks shall be established by resolution of the City Council. /S% D ARTICLE III. PARK STANDARDS. Sec. 22-34. Park Requirements. A manufactured housing park shall conform to the following requirements: (a) Area. The total area within the park shall not be less than two (2) acres. (b) Drainage. The park shall be graded to be free from stagnant pools of water. (c) Space requirements. Each park shall provide manufactured housing spaces, and each shall be clearly defined or delineated. Each individual space shall meet the following requirements: (1) Minimum manufactured housing space: 3,500 square feet. (2) Minimum manufactured housing space width: 35 feet. (3) Minimum manufactured housing space frontage: 20 feet. (4) Maximum building bulk: Height - 25 feet Building coverage - 40% (5) Minimum yards: Front - 15 feet (measured from the manufactured housing unit or the closest projectile from the unit to the abutting private street.) (6) At least a 20 foot clearance between manufactured housing units shall be provided; except with respect to manufactured units parked end-to-end, the end-to-end clearance shall not be less than 15 feet. A 30 foot clearance shall be provided between any manufactured housing unit and the edges of the RMH zone, except where abutting an arterial street, in which case a 40 foot clearance shall be required. Where public streets are platted within a manufactured housing park, a 20 foot clearance shall be required from the street right-of-way line. (7) Tree planting for manufactured housing parks shall meet the requirements below. Also, all spacing and location provisions shall be as required in Section 8.10.40 of the Zoning Chapter. (a) The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" or permitted by the city forester. /S7 (b) Trees shall be planted over the gross site area at a minimum ratio of one tree for every one manufactured housing space provided in the park. (d) Recreation space/open space. Manufactured housing parks shall take into consideration the need to provide open space for recreational purposes and to enhance the general character of the area. Recreation space shall be provided as follows: (1) for manufactured housing parks with an average manufactured housing space size of 3,500 square feet, recreation space shall be provided at a rate of not less than nine (9) percent of the total park area. As the average manufactured housing space size increases from 3,500 square feet, recreation space may decrease at a rate of one-half (0.5) percent per each 100 square foot increase in the average manufactured housing space size. The minimum size of any one required area of recreation space shall be equivalent to the smallest manufactured housing space provided in the park. (2) In the provision of recreation space, the following planning criteria should be considered: (a) Recreation space should be readily accessible to residents of the manufactured housing park. If a single area of recreation space is provided, it should be located within 800 feet of each manufactured housing space. (b) Recreation space may be provided in conjunction with storm water detention. (e) Streets. Manufactured housing parks shall be provided with safe and convenient vehicular access from a collector or arterial public street abutting the park to each manufactured housing space, service building, or other common facility, in a manner more particularly described in Section 22-35. (f) Driveways. Hard surfaced driveways shall be provided for each manufactured housing space, service building, delivery and collection point, and elsewhere as needed. The driveways shall be a minimum of 10 feet in width. (g) Parking. Nine (9) feet by 20 feet hard surfaced off-street parking spaces shall be provided at the rate of two (2) parking spaces per unit. At least one (1) off-street parking space shall be located on each manufactured housing space. The other required parking space may be located in a common parking area(s) within convenient access to the manufactured housing unit. Parking spaces may be provided in the front yard area, however, they shall not be allowed within 10 feet of an adjoining manufactured housing unit. Separate parking areas shall meet the screening requirements of Sec. 8.10.25 of the Zoning Chapter. (h) Sidewalks. Individual sidewalks shall be provided to each manufactured housing entrance from the street or from a driveway or M 10 parking space connected to the street. Also, common walks shall be provided in locations where pedestrian traffic is concentrated. Sidewalk widths shall be at least two and one-half (2.5) feet for sidewalks on individual spaces and at least four (4) feet for sidewalks in common areas or along public streets. Gradients for all sidewalks shall be not greater than twelve (12) percent, cross slopes shall be at a rate of one-fourth (.25) inch per foot and the street edge of the sidewalk surface shall be located above the curb one-third inch for every foot horizontally from the curb. (i) Patios/decks. Each manufactured housing space shall be provided with a patio/deck of at least 100 square feet, and with a minimum dimension of 10 feet. (j) Public lighting. Outdoor lighting shall be provided for all streets, walkways, buildings, and other facilities subject to nighttime use. Sec. 22-35. Streets. All public streets within the park shall meet the following standards: (a) Continuation and extension. Within manufactured housing parks provisions shall be made for the continuation and extension of public streets, which shall be platted in accordance with the current subdivision regulations and constructed in accordance with current City standards. (b) Street width. All private street widths shall be measured back-to- back of curb. Minimum street pavement widths. shall be provided as follows: (1) 24 feet without parking, and so posted; (2) 28 feet with parking on one side, and so posted; or (3) 36 feet with parking on both sides. (d) Pavement. All private streets shall be constructed with either non- reinforced Portland cement concrete with a six (6) inch pavement thickness, or full depth asphaltic concrete with a pavement thickness of eight and one-half (8.5) inches. Curb shall be provided in accordance with Iowa City engineering standards. (e) Grades. No street grade shall be less than one-half (k) of one (1) percent and shall not exceed 12 percent. Sec. 22-36. Utilities. Manufactured housing parks shall be provided with sanitary sewers, storm drainage, water and gas and electric service as hereinafter set forth. 11 (a) Private utilities. Private utilities shall be designed and constructed as hereinafter set forth. (1) Sanitary sewers. The sewerage system shall be designed, constructed and maintained in accordance with applicable city codes or specifications approved by the City. Each manufactured housing space shall be provided with at least a four (4) inch diameter sewer riser pipe terminating at least four (4) inches above the ground surface and located such that the sewer connection to the manufactured housing unit drain outlet will approximate a vertical position. Provision shall be made for plugging the drain when a manufactured housing unit does not occupy the space. (2) Storm drainage. The manufactured housing park shall be provided with drains, ditches, culverts, bridges, storm sewers, intakes and manholes adequate to provide for the collection and removal of all surface waters. Such drainage shall be provided in accordance with applicable city codes or specifications approved by the city. (3) Water supply: An adequate supply of potable water for drinking and domestic purposes shall be supplied by pipes to all buildings used for human occupancy and manufactured housing spaces within the park. All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with applicable city codes or specifications approved by the city. Individual water riser pipes shall be located at a point where the water connection to the manufactured housing unit will approximate a vertical position. Water riser pipes shall either terminate at least four (4) inches above the ground surface, or be located in a recessed opening with extension pipes provided which terminate at least four (4) inches above the ground surface, with at least a three-quarter (3/4) inch valve outlet. In addition, a curb stop shall be installed for each manufactured housing space between the main and said riser pipe. (4) Electrical outlet. An electrical outlet supplying at least 220 volts shall be provided for each manufactured housing space with a minimum of 100 amphere individual service. Sec. 22-37. Refuse and Garbage Handling. The storage, collection and disposal of refuse in the manufactured housing park shall not create health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. (a) Collection stations. Unless individual garbage and trash collection is provided, "dumpsters" or refuse collection stands consisting of a holder or rack on an impervious slab shall be provided within 300 feet from any manufactured housing space they serve. Container stands shall be designed to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. 1tv O 12 (b) Collection receptacles. Collection receptacles shall be provided in quantities adequate to permit disposal of all garbage and rubbish. (c) Collection. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to insure that the garbage cans shall not overflow. Sec. 22-38. Permanent Structures and Facilities. (a) Buildings and facilities. The requirements of this section shall apply to service buildings, recreation buildings and the other park service facilities which follow, as provided by Sec. 8.10.26 of the Zoning Chapter, Permitted Accessory Uses: (1) Manufactured housing sales. Manufactured housing sales shall be allowed as an accessory use in conjunction with the management office, provided that the number of manufactured housing units displayed for sale does not exceed 25 percent of the manufactured housing spaces. (2) Equipment and materials storage. Maintenance materials and equipment shall be stored either in a permanent structure, or in yards fenced in with a minimum six (6) foot high fence of solid construction. (3) Tenant storage. Storage facilities for park tenants may be provided on the space, or in compounds located within the park. Sec. 22-39. Fire Safety Standards. (a) Water supply facilities. Standard city hydrants shall be located within 300 feet of all manufactured housing spaces, measured along the driveways or streets. The water supply system shall meet the minimum standards for firefighting purposes as required or recommended by the Fire Department. (b) Storage and handling of fuel. In parks where liquified petroleum gases, gasoline, fuel oil, or other flammable liquids are stored and/or dispensed, their handling and storage shall comply with applicable city, state and federal regulations. 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. 13 Passed and approved this 28th day of September, 1982. C. MAYOR ATTEST: CITY CLERK Received & ApPToved thLegal Department gy e /w/z It was moved by Perrot , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER _ x DICKSON _ x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration August 3, 1982 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Erdahl, Lynch. Absent: Dickson Moved by Balmer, seconded by Perret Second consideration August 17, 1987 Vote for passage:Ayes: Perret, Balmer, Dickson, Lynch, McDonald. Nays: None. Absent: Erdahl, Neuhauser. Date published October 6, 1982 CITY CSF 10WH CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3081 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of September , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 6th day of October , 19 82 Dated at Iowa City, Iowa, this 16th day of November , 19—u_. MARIAN K. KARR, DEPUTY CITY CLERK Printers fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN 1, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto ah the , was published in said paper time(s), on the fol- io - g d )er Subscribed and sworn to before me this 15fay of()C�__, A.D. 19ag� Notary Public M.-n juu sLnvmnlcFJt OFFICIAL PUBLICATION OFFICIAL PUBLICATION - ORDINANCE R0. 82_3081 conawn, the infonlution required la Section 22-16(b). ORDINANCINMCES K CN11/1 V Of DNP (3) A Consisted "Application CODE O OF IOIM City. IMA. SECTIO 'I. 1410141SE. The purpose of tb, (a) An application fe, payable W the City of oralnaxe s t! [Oe regulations PotGinin9 Iwo City.. to eobi To namt parks.. '. (M) PrelaminarY site plan reauirenents. SECTION 11 NIEMORENI. Chapter 21 of the CoePof (q Legal description, Acreage aha ID! oval MMQs S deeneQe by CFI![. M1 A,fLIGIK Of the aanYfxtured Musing park. 1, II also III in their entirety and replacing tna' with the followtlq:(2) Nce oand address of the caner. Chapter W - NUIUEACTURED MOUSING PARN5 (3) Names of the persons that prepared the ARTICLE 1: GENERAL ton pe plan- the applicant's attorney, 91h1i. representative or agent, it any, she date Sec. 22-1. Moose. of the preparation of the site plan. 1'CiR, North peint and graphic scale. The purpose of this ordinance Is G provide minimum ILeopards fpr the design, devel Opment, aha 3 Lovers at flvQ (S) foot Intervals M I'Mvewrnt of all neo or isproved Ranufacture0 (hating park.. It 1s further the Trisha, Of this ' It'. PN1Mnce to proods semi-PonsaMeN sitgle-fail, of existing and proposed streetroldences, vied apostate public facilities and s lot IIMi. sioeMlka, services, W presence development consistent .1tn {�.,. Lured noosing spaces, anti parking the cayrehenslva plan, and W promote provide for 7' health. safety, sed pe.,Al valfire of LIR ' pseO isr L~Z).osting aha prApM he ow citlaens Of tCity of lCity. ewe n s Main pipes, culverts. Sec- 114. AApIicaDilitY. dunes, stop hater detention 1f, lilies, aha fire hydrants. This ordinance shall prove de Nlnlam standards for (B). ,G Ices o+ e.is[i n9 aha proposed straits the dha d ent of all nufactured design and Mw Ra 'and alleys. 0y{ partr, aha the substantial redevelopcent of al r.istilp-"fxeured pausing Irks. Those =r. oc Inn Ietion or a reas proposed W be dais no manufactured housing Irks not meeting the dedicated orreserved for Ranks. requirements set dors herein shall, upon ani playgrounds, siesing pools, other sut ial and Kter(al reaevelopant, N required recreational areas, schools, and open W con for the altered area. Substential dna sWce Notarial redevelolenC shall W construed to ... the alteration of airy existing Irk layout from ri (l0i las" within the Irk Mt G W deaslaped Irkho snot is shorn on the approved plan in an amount of initialoval fM 'W9ti'LM Lice of approval tpat, colla tlVely A., time, affect. sole, than 10 1 �, and est esti ril Lame 0I development, iilrUnt of the Dark,' ea T sting area. Or the acres, „_egg pMn ¢d. whichever is greater. If the gross Irk area is Kaad by More than 10 percent Collective]) over (11) Distance, beWeen the Irk. aM buildings t nae, or by laic acres, rhlchever is greater; all s" W astructures adjacent Los park. Provision of this ordinance shall apply t0 the a0art1oM1 arca of CM park. (1Z) A ;igMeure block for eMorkam pt by the order to establish the axistirg level of City Clerk certifying the Council's developeent„ all existing parks shall be required s aPproral of the plan. .uirlt a plan meeting the e,uirecents on o Z1-ld falai Plan. Revier of sale plan •yell Sec. ZI-11. Prelieinary Approval. xcordance .,in procedures for final at Pl+„ "'ProraI Procedures for preliminary aWroval of any Mred l0all housing pari shall W in xcorearce vim dM Ixedures for preliminary approval of subdivisions aha large scale residential Sec 22-3. Def TnAl.hl. aevelapmMta. Sion approval shall W done by solar non and shall be binding .,in regaro to As used in this Chapter, the full.,, tens shall pnpNrallon of the final plan. Moe the meaning.TMicated. Definitions of the ) 1, Zoning Chgptn (Appendix A of the IoM City Code of'i . Ordinces) shall Apply W other teres used herein. na Sac- x-18. final Plan. Mnufectured Nousilg - tncluaea Nobile and m pular (a) Submissiond ;recent'. The FOE lorag MPS d�y In�PryEI1 dP/told. n .M 1pnranmater al. shall be filed Vitll Nubile Nola - A )e-fafly asalli g unit, Wilt iso City Clerk: ,1 �s . on a c�sst s, sole for yMr-routs xcupaxy and (1) A' lrvnaparent, reproducible copy ig containing ester supply, taste disposal, healing -. 1". O) prints of the HMI site plan aural C.ArebicMls. ��da�,e¢taa Tng the Inf.rea loan Rgdlred in n 1#1 ion 22-18(b). Manufactured Nouse ng Park - A tract of IaM rnich ams even -pia nE Iprmee for the placement or ` Tom." manufactures Musing on leased spaces. a.6D3tForpleted'Application (3) M application fee payable G the City of Nanu+act-__ ureU e - A plot of ".hd rlAM City. _ n a Ranu ac Ica nousling Irk deslgMd f0, the (p) If 1 also plan reaulrement, accommoWtion of one manufactured Musing unit and which Is leased W the Mnufactured housing planer. (1) The final site plan my include all or "ft of the prelie(nary site plan. If Nodular Noe - My sin lt-faefly Mellfrg unit' - tV final site of. dcei Mt include the rh,C�� b`Tr u..fxtr" in kabol. or to components eL Entire dexalf emit Illustrated M the a place other t �j,LIP location soM, it is W placed; Mlchle�ap¢yf�-1 11 hl 'n MOIe or i proliminary plan, the portion shown met as able W function functia seraM l peasnts a[ {net�lOcat(M rMr! It 1. W be devalomnt• including Access Paha pMereanently l.ated; vhlcnis on a arearet as utilities- t Is, ha1aeile. fouMation or slabtidelYe doPG PO Axial sent Ra Cdn t[E axles affixed a alrNke aha Nelch does Out ree lre A Ilteave by any age.Y he (2) The scale of t(trial site plan shall not N smaller than ones (1) Inch equal, as a Nosor vehicle, special equipment, trailer, fifty (50) Inst, unless the nsule ma, motor was or MMI le Mae arcing would W larger than swontY'fu, (N) IMM. by th"toyxix (36) arches. Park - Shall mean a Ranufactored Musing park. In se cave shall the ale of the plan he .Tire then oho (1) inch equals oho Parkin Area - four (a) or more parking spices and Moored (100) fast. T, se s (3) IN final sale plan shall include or heve Patio - A surfaced outdoor living space consisting attached An accurate legal description of Aisuch ate,lal5 a3 keep, brick, concrete or other the boundaries of the park illustrating: sbtlar salla aha dust -free materials, at grade and directly adjalait and accessible froo a (a) Al ... A" friars.. W E. or manufactured Musing unitr pereevnt monuments, giving the - Recreation Space/Dpa0 Space - That portion of the bearings) aro di.UOce(s) from -. DariT,faf-ons no c—� orereipy drives, parking spares solve corner of the Irk W sd!- Or teles, aha intaillZ W provide far recreation carne, of the congressional buildings and other recreational facilities srh as division of Mich the Irk is a Axi mini, py,15, GMIS courts, playgrounds, and party Or W SCm! COrMr Of A list M playing fields. block within the City of lova City. (b) Accurate boundary line dimensions, + in feet and hoMredths of feet, dud angles aha/., openings, pr..'uh g A ARTICLE IL PARK LICENSING PRWEWRE survey rite an una0jusced closure Sec 22-16. Applications. error error Out greater than AM (1) feet ten thousand! (10,000) feet. (a) subission Any pe,son (U Accurate location o1 all oi.t(og PaMsets. s smO A nu+acturM Musing and recorded st,seta Adjacent be im park sMIT file the following infessation and boYldi,ies of the park. Naterials with Else City Clerk: eage, or square footage of Else (a) Acreage, (1) A location eap Mich shall contain the Manufactured housing park nae, outline of the tract upon which the Irk is W be (e) Certification of tae survey by a located and existing streets aha city registers" )am surveyor of Am utilities on adjoining property. 'tate of I.. - (2) Sewn (1) copies, of the prellelm, site (a) the /tai s_ ce aha snail itNlWa-sans oleo et_ ter —f—.Iwuine uK .�_ _ . e_l'+_...,�. OFFICIAL PUBLICATION (a) Tne bouedario of the Park shell a ane site of all e.i Att, ane accurately drawn and annotated. (b) Accurate ahkeosions and curve data areas, structures Anne areas for all street lines and private reserved Ion other uses or future drive centerlines shown on the plan. (c) NYes of all streets and private Location, width ane purpose of all Wives snm,n an the plan. (d) ApproxiMate dimensions of all land for future Park development and existing hanufacturM Musing mace estiated tion of sunt lowers. )Ines with angles to adje..nt street had of the dwelapMenl. tines. (e) Dimensions of all proposed and/or ask.)pick r(,). Manufactured nousifg apace Ilnef Applicants' attorney, Nth alleles W adjacent street representative or agent, if any. lines. OFFICIAL PUBLICATION u"r"on or revocation of the incense salt a before ire Board of Appeals (Building), WCOandlY to procedures set forth In the law city .Administrative Code. (f) Dimensions Illustrating location ane site of all e.i Att, ane propoW walks, Wives, parking areas, structures Anne areas reserved Ion other uses or future Yvelophi (g) Location, width ane purpose of all existing end proposed easements. (h) land for future Park development and estiated tion of sunt lowers. (I) had of the dwelapMenl. (j) Name and address of the wn,'(1) and/or ask.)pick r(,). (k) Applicants' attorney, representative or agent, if any. (I) North Mint, graphic scale and date. (m) Certification by utility capanies that the of i l Ity easesents as ,noun M the plan are adequate. (n) A sfgnalurc black fen endonseant by the City Manager of his/ser designe . (c) Certification the ark boundaryd description by a registered b architect, engineeq landuape. archiUct or land surveyor of tns state of lea. (6) The final pians sail also his, Accaganied by the followffg instruments: (a) [indicationf re[, weeaat and and the ini) Of easements where required. (b) Resolution for approval of such ,indications and Rrentings by the Council in a fore approved by the City Attorney. Sec. 22-19. final plan Approval final plan approval re an adeini,trative action. ha Nbllc notice or hearing Is required in canYctiY with the approval of final plans or MIYr changes free approved preliminary plans. AMravAI of final plans ane reports for all new YMiIKWed Iwuslrg arks shall he based o vplantlal cotplfance with the pnitMinary Dark plan with any Modifications required by the Couuil at the tie of Preliminary approval. upon aMrovai of the final plan by the City Mashgeer Or Mailer desipappyty and certification of cYpliance with the ther nil le ia)a,t the he geitys clerk sfhall Issue thcial ad e aonnwal lienee. Sec. 22-x. CMoges in Approved final Plans Changes in approved final Manufactured housing park plus including Minor chandles in building or YMfasUred Musing sate arrangements May be ,thorniness by tne City Mnager or nim/her Wsignee only Won fillings that sucn cna,ges conaestal ly consistent with the oral imf,aryplan. All other countieshere w shall requiaMYnt of the pnllalary ane final plan. Sec. 22-21, 8uilding Peraits All building befalls ane licenses mall be issuad on the Oasis of confonan'. with the final plan or minor aYndents as Provided In section 22- M. Seca 22-22. License. (a) inti.It shall W unlawful for any arson W YTnT �n Or operate A YnufuWred Musing ark within to linos of the City, unless such MraA1 shall first obtain a license therafore and coyly with the repo i reams herein set forth. Mini llcenee--for annUpon MMl reYwalonapplication. license. the aanpfacturcdnouI f, Park shall he Inspaced tby the Building Official for c.Ilaace with the apoeaed plan. After assifg said Inspection and Won payaant of m annual licenst fes, the City Clark shell issue A rc.I license. (c) Posting equ ireo. The license Issued Mr.0mt to th s arT !I[Te mall has conspicuously nested on Phe premises of the anufactu vd hWsifg park ..t all tins. (0) Suspe0 fon or r�evuation. Upon the rumdf�endatipn of the Bol lUlr9 OR It sal, to City Clerk ay, in writing, suspend or revoke dry licenae issued under the provisions of this chapter lsaff vtwM er the Mt is issued M the osis of ifMgBect infOWmatiM shapplied er 1s in violation Of tiny, Ordinance Or re"lat1Y. APWI Of a Sec 22-23. violations. Persons .Aro violate any provision a tills Chapter or who erect, constrWt, alter. Or ryelr or have erected, constructed, alafed or repaint a building or other portion of the ark in violation of the approved plan, as cited by the 8.41chY Official, snap he guilty of a •lsd.eaaaM punishable by A fine not exceeding 3100 M imprisonment not exceeding 30 days. Ta o,af.r of art Manufactured Musiog art users, anything in violation of this owner or snail he placid or atoll ist, ane lilt oo of or k101 At Nes has a fated en We cane off of suchI'do ion snail be guilty of a scarf offense. Each day that a notice lsh is Mrmitted A carat after proper notice shell Sec.22- . a separate Drina. s.L. zz-x. imea. All fees for Manufactured nouairg parks shall be estAbifshad by resolution of the City WWcl1. AATICIE 111. PARK STANDARDS 5ec. 22-3a. Pert Requirements. A Manufactured housing park shall <onf.rIs W the followifg rpuirements: Of heTs. Fish total s then to (2)aacres.rea ltMn the Dart atoll (b) Drinaa. The 0. k'shall he graded to the free free stagnant pools of water. (c) 5ace req 'resents. Each park shall preside memsfacto A .9 sates, end each Am" he clearly defined or alinezted. Each ind(widaal sac. shell meet the follwirg inkulnements: (1) Minlmlm manufactured housing spate: 3.500 square feet. (2) Mini. Manufactured humin space width: 35 feet. (3) Minix Manufactured housing safe frontage: N feet. (4) Mufw buildiN bulk: Height - 25 feet gar ldiN LO"I'890 - 40% (5) Mini. yams: Front - 15 feet (measured fro the Manufactured Musing unit in, the closest projactlle from the unit W the abetting priwha street.) (6) At least A x foot cleerance aYMn Manufactured hwsbg units shall he provided; except with respect W YnuNctured ..its parked entr[o-ane, the end-to-end clearance shall not a less then 15 feet. A 30 fat clearance -shall the provided between tory manufactored Musing unit ane the edge, of the RIM tone. except where insulting an arterial street, I. which case a 40 fact clearance shall he required. Where public streets are Difitted within A Manufactured' Musi,4 park, A 20 foot cleanM.e shall be r bilred free the street right-of-waY If". (I) lirliparks Shallnk lvi for meet the rcquXiements below. Also, all spuing ane location provislons shall the as required In Section 8.10. t0 of the 2onlfg Chapter. (a) liiIn ssted n the "list Of R« lb l hall Tress for low City- or Mrk"tY b the cy forester. (b) Trees shall be planted over the gross site area at a minimumralio of 0 m tree for every W nufactud Musing space praad id In rtthe Park. (d) Recreati Ons ce/o n s e anufuWM Musing Dar s s a tae n o consideration the need W provide pMn sale for fNreattellei racw of led uses inks A ..... club Wake haa11aa LDerov(dad et follows: s (1) for anufacturnd Musing arks with u brags, Manufactured Musing span sim of 3,500 square fast, recreation spume shell be provided at a rate of Out les. than nine (9) Percent of the total Mrt area. As the akaraM Manufactured hMsing stance. site IMIYses 1— 3,500 sown feet. recreation sate May .,as, at A rate of oa-Mlf 40.51 percent per each 10 span foot iMtNa in the average anufacturnd Musing .peed bite. Ta hind. size of any ohe reouired area of recreation space shall os, equivalent W the smallest Manufactured Musing space prosfded in the part. ' his (2) ;,,the lowing vision of planning r criteria should to conslared. _ (a) Matinee I. ion ilif ucessible b eresiddents uld be Of M YiYfactamd ismali g ark. o .1! - a�3 sue-sys'� OFFICIAL PUBLICATION single area of recreation space is Provided, it should he located within 800 feet of each manufactured housing space. (b) Recreation space may be provided in Conjunction with store Water detention. (e) Streets- Manufactured housing parks shell be Provf&W wth safe and convenient vehicular access from a collector Or arterial public street abutting the Park to each manufactured Musing space, rvice building. or other common facility, i manner more particularly described in Section 22- 35. (f) ori Hard surfaced driveways shall be provided for each manufactured housing space, service Wilding, delivery and collection point, .it ,,.M,e as waded. The driveways small be a .in,.. of la feet in width. (g) Partin . Nine (9) feet by OO fast hard urfa�ff-streetparking spaces small be provided at the race of two (2) parking spaces per unit. At least one jl) off-street parking space Shelf W located on each manufactured housing space. The other required parking space Away W located in a common parking area(s) within convnient access to the manufactured housing unit. Parsis ng spaces way he presided in the front yard rrowewq they shall not pe allowed within 10 feet of an adjoining manufactured Musing unit. fzparate parking areas shall meet the screening re uiwehts of Sec. 8.10.25 of the Zoning•Chapter. (h) Sidewalks. Individual sidewalks shall W prow. two each manufactured housing antra we from the street or from a driveway or parking space connected to the street. Also, common walks small be provided in locations where pedestrian traffic is concentrated. Sidewalk widths shall W at least two nal owe -half (2.5) feet for sidewalks o individual spaces and at least four (4) feet for idewalks in common areas or along public streets. Gred.ents forI1 sidewalks shall he rot greater man twelve (12) Percent, c slopes shall be at rate of one-fourth (.25) inch per foot and the street edge of the sidewalk surface shall be located alab�a,v,m the curb one-third inch for emery loot Mri tonfal ly from the curs. (i) Patios/docks. Each manufactured Musing space shall e—provided with a patio/deck of at least 100 square feet, and with A minion dimension of 10 feet. OFFICIAL PUBLICATION all Wilding, idea for hum. oaupancY and manufactured housing sgome, Within - the park. All Water piping, fixtures, and other anal point shall be constructed And! maintained in acco,dance, with applicahle city codes or specifications approved by the city. Individual liter riser pipes shall W located at a point Where the water connection to the manufactured Ieusilg unit will appraziaate a vertical position. Yater riser pipes shall either terminate at least four (4) inches above the ground surface, or be looted in A recessed Opening with extension pipes provided Mich terminate at least four (4) inches above the ground surface, with at least a three-quarter (3/4) into value outlet. In addition, A curb stop shall be - installed for each manufactured Musing space between the main add said riser pipe. (4) El ettrical outlet An electrical Outlet supe yiMN - a st 220 volts span he provided for each manufactured housing space with a minimum of 100 anphere individual service. Sec. 22-37. Refuse and Garbage Handling. The storage, callection and disposal of refuse In the manufactured housing park 5N11 not create health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. (a) Collection stations. Unless individual Wc,agege deco'lect5om as provided, "dupsters" or refuse collection stands consisting of a holder or rack on an impervious slab small be provided within 3Do feet from Any manufactured housing space they serve. Container stands shall M designed to prevent ontaiwers from Wing tipped, to minimize spillage and comal mer deterioration, and to facilitate cleaning around them. (b) Collectiu receptacles. Collection regepcec est provitled in quantities adequate to permit disposal of all garbage and rubbish. (c) tolledtl on. Garbage Ands rubbish shall be collm a3 adisposed of as frequently as may W necessary to insure that the garbage cans shall not overflw. ptovl W odea f r all streets . l walkways, buidings, and other facilities subject to nighttime use. Sec. 22-38. Permanent Structures antl Facilities. (a) Buildingsnd fac(li�tf es. TM "nowleeeents Sec. 22-35. Streets. of this se o� tn shall apply to sere... buildings, recreation [buildings and the other park service All public streets within the park shall met facilities Mich follow, as provided by Sec. the following standards: 8.10.26 of the Zoning Chapter, Permitted Accessary Uses: (a) continuation and extension. Within nufmWretl Musvg'par s�isions shell W made for the continuation and e.tens.nn of public stemets, which shall he platted in Accordance with the current subdivision regulations and constructed in Accordance with current City standards. (b) Street width. All private strut Widths shall he meawred back-to-back of curb. Minima street Pevemant widths shall be provided as follows: (1) 24 feet without parking, and so posted; (2) 26 fast with parking on one side, and so Posted; or (3) 36 feet with parking on both sides. (d) Pavement. All 'private streets shall' W constrvc�[e —with eftMr non-rcinforced Portland cerci concrete with a six (6) inch pavement thickness, or full depth asphaltic concre4 with A pawrient thickness of eight and oce-balf (8.5) inches. curb shall W provided in Accordance with IOWA City engineering standards. (e) Grades. No street grade shell W less than oW-lMVr__ y) of one (1) percent and shall not .uvea 12 Percent. Sec. 22-36. Utilities. (1) Hadufactured us Manufactured ctud housingsaT.A. les shallbe allowed as an accessory use 1h conjunction with the management Office, provided that the number of manufactured housing units displayed for sale does not exceed 25 Percent of the manufactured, Musing spaces. (2) Equipment and materials storage. Maintenance materials and aqui pnent. small he stored either in A permanent structure, or in yards fenced .n with a. dial . six (6) foot high fence of solid wnstructi on. (3) Tenant storage. Storage facilities for part tenants may he provided on the space, or in compounds located within the park. Sec. 22-39. Fire Safety Standards. (a) Yater sMly facilities. standard City hydra s s a into d within 30o feet of all manufactured Musing spaces, measured along the driveways or streets. The Water supply system .,fall meet the minimum standards for firefighting outclasses as required our recommended by the sire Department. Manufactured Musing parks shall W provided (b) Storage nd handbag of fu i. In parks where .,in sanitary sewers, storm drainage, water and gas Iiquiff . Pew• grid Hre, Iuel oil, a and electric service as hereinafter set forth. other fissionable li"ids are stored and/or dispensed, their handling and storage shall comply (a) Private utilities. Private utilities shin be desig a constructed as hereinafter set forth. (1) Soni_ Later' sealers. The sewerage system shall De designed, constructed and mainteimd in Accordance with applicable city codes or specifications approvedby the City. Each manufactured housing space shell he provided With at least a four (4) inch diameter sear riser pipe terminating at )east four 14) inches above the ground surface and located such that the sear connection to the ma" lectured housing unit drain outlet Will approximate a vertical position. Provision shall W Aide for plugging the drain When a manufactured housing unit aces Trot occupy the space. (2) 1trmndrai The manufactured 9 Dar shall be provided with drains, ditches, culverts, bridge,, storm sewers, intatrs and manholes adequate W proeide for the collection and removal of all surface waters. Such drainage shall he provided in accord.p. with applicable city codes or specifications approved by the it, (3) Yate_ r semM a. 114 supply of 'cable water or dr—ng and fiti. purposes stall M Supplied by Aflame Is with applicable city, state and federal regulations. SECTION 111. REPEALER. AT) ordinaus slaal parts . o napes n con lict with the provisfad of this nrdinanze are Wraby repealed. SECTION IV, SEVERABILITY. If any section:.. prow s on or part o the ordinance shall be Adjudged to he invalid or unconstitutiomal, such ajadication shall hot affect the validity of the. Ordinance as a Mole or arty section, provision or part thereof not adjudged invalid or unwnsti tational. SECTION V. EFFECTIVE DATE. This Ordinance shall Min ec—TR t alter (CTr l Passage, approval and publication as required by law. Passed and approved¢M1ls 28th dal of September, 1982 C. IvAauk" 1 --� CITY CLERK TM J S �a-'Jof/ ORDINANCE NO. 82-3082 ORDINANCE AMENDING SECTION 8.10.18, PERFORMANCE STANDARDS, OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to revise current screening requirements to require screening between all R zones and commercial/industrial uses, and between manufactured housing uses and single family residential uses located in an RIA or RIB zone. SECTION II. AMENDMENT. Section 8.10.18.A of the Zoning Ordinance is hereby deleted, and replaced in entirety by the following. 8.10.18 PERFORMANCE STANDARDS. The following performance standards shall be required: A. Screening. Where a lot occupied by a commercial or industrial use abuts or is across a street, highway, alley, or railroad right-of-way from an R or ORP zone, a school, or a recreational area including a park, playground or the Iowa River, screening shall be preserved, planted or constructed and maintained in accordance with the provisions set forth below. Screening, in accordance with the provisions set forth below, shall also be provided in the instance where a lot occupied by a manufactured housing use, located in an RMH zone, abuts or is across the street from an R1A or RIB zone. 1. Location. a. Except for a use in the ORP zone, screening shall be provided along lot lines or street right-of-way in a manner sufficent to effectively obscure the commercial or industrial use from view within the lot lines of an R or ORP zone, or school, abutting or located across the street from said commercial or industrial use. b. In an ORP zone, screening shall be provided in a location and manner sufficient to effectively obscure all off-street parking and loading, /G f/ Or snce No. 82-3082 Page 2 storage, or other such areas of activity from view within the lot lines of the R zone or school. In an RMH zone, screening shall be provided along lot lines or street right-of-way in a manner sufficient to effectively obscure the manufactured housing use from view within the lot lines of residential development in an R1A or R1B zone. d. In all instances where street right- of-way, which acts to separate the lots on which said uses are located, is 100 feet or wider, screening shall not be required. Screening Materials. A planting screen of pyramidal arbor vitae, the plantings being at least three (3) feet high when planted and spaced four (4) feet on center, may be used. Other evergreen varieties may be used if approved by and spaced according to the City Forester. The planting bed shall have a minimum dimension of five (5) feet, be free of any impervious surface, and be separated from streets, drives and parking areas by an unmountable curb or barrier in such a manner that sand and saltwater runoff will not damage the screening. Where a planting screen cannot be expected to thrive because of intense shade, soil or other conditions, a solid fence of durable construction, an earthen berm covered with grass or low shrubs and/or other acceptable materials which provide maximum visual obscurity to a height of six (6) feet at maturity may be used if approved by the City Forester. Time of Installation. If a lot proposed for a commercial or industrial use is located adjacent to or opposite an existing Oi ince No. 82-3082 Page 3 residential use or subdivision in an R zone, or a school, screening as required herein shall be installed prior to occupancy or commencement of a use. The City Forester may grant a delay to the seasonal calendar dates of June 1 or November 1, whichever comes first. Similarly, if a lot or space intended for the placement of a manufactured housing use is located adjacent to, or across the street from an existing residential development in an R1A or RIB zone, the owner of the manufactured housing use shall provide screening as described herein. b. If "a" above is not the case, screening need not be provided until within six (6) months after a building permit is issued for a residential use or a school, a final plat of a residential subdivision is approved, or a recreational area is available for use on adjacent or opposite land. 4. Exceptions. Screening may be waived by the City Forester if the view is blocked by a change in grade or by the natural or man-made features as determined by the City Forester. 5. Maintenance. The owner shall keep all screening properly maintained, free of trash and litter and all plant materials pruned in such a manner as to provide effective visual obscurity from the ground to a height of at least six feet. 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 unconsti- tutional. 144 Or ince No. 82-3082 Page 4 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 28th day of September, 1982. c. YOR ATTEST: CITY CLERK It was moved by Perret , and seconded by McDonald , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration August 3, 1982 Vote for passage: yes: Erdahl, Eyn-ch, McDonald Neuhauser, Perret. Nays: Balmer. Absent: Dickson. Moved by Perret, seconded by Erdahl. Second consideration August 17, 1982 Vote for passage: Ayes: Lynch, McDonald, Perret, Dickson. Nays: Balmer. Absent: Neuhauser, Erdahl. Date published October 6, 1982 Received & Approved ay ijAe Legal Department �_ I 147 CITY CSF .10W//--\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CO0 STATE OF IOWA SS JOHNSON COUNTY I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3082 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of September , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 6th day of October , 19 82 Dated at Iowa City, Iowa, this 16th day of November , MARIAN K. KARR, DEPUTY CITY CLERK LAP Printers fee $/4r CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto a&*was published in said paper tirri on the fol - 10 * g ol-logiztg da e(s): Subscribed and sworn to before me i,%. I day ofn(j-, A. D. o.1[a3l_� Notary Public ORDINANCE'NO, 82-3082 ORDINANCE WNGING SECTION 8.10.18, PERFORMANCE STANDARDS, OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA. SECTION t PURPOSE. The purpose of this ordinance Ts_ to rev se current screening requt femmes to require screening between all R tones fed come rcial/indsatriai uses, a between M u ufactured housing and single family residential uses located In an RIA or RIB zone. SECTION II. AMENDMENT. Section 8, 10. 18,A of the on WO Urd)Aan<e'is hereby deleted. and pl acedi in entirety by the following. 9:10.18 PERFORMANCE STANDARDS OFFICIAL PUBLICATION t. In an ANN en,, screening 511.,1 be prii iGeo along lot lines or street right-of-way ,n a wanner sufficient to effectively obxuri, the manufactured housing use from vies,' vi thin the lot lines of residential development in an RIA or RIB tone_ d. in all instances WeI street right- of-way, Mich Acts to seaarate the lots on which said uses are located, s 100 feet Or wider, screeniy shall not be required. 2. Screening Materials. Time following performance standaros shall be required: A. Screening. Where Alot cc -zed commercial or industrial useabuts orY'1s acrossof street, highway, alley, or raid j'A� righa recce -way from an R or ORD tone, a sc 'rd�j* ,`JfYpr� or recreational area including n pa playground or the IOWA River, screening shall be preserved, planted or constructed and maintained In accordance with the provisions set forth below. Screening, in accordance with the provisions set forth below, shall also be provided In the instance Where a lot occupies by amanufactured housing use, 1p _ Iotated in an RAN tone, abuts or is across the •a street from an RIA or RIB tone. 0 IT 1. Location. I'd bi NB bis A planting screen of pyramidal arbor vltae. the plantings being at least three (3) feet high when Planted and spaced four (4) feet on center, may be led. Other evergraen varieties y be used if approved by and spaced According to the City Forester. The planting bed shall have a minimum dimension of five (5) feet, be free of any impervious terrace, d be saN,.tadfr. screets, drives and parking areas by an umnounuble curb or barrier i 'Inch A manner than sA. Awa saltwater runoff will of A., the screening. Where a planting screen eannpt be W Petted u thrive Ni of intense shade, son or other conditions, a solid fence of durable construction. an earthen barn it bit'd n a. Eacept for A use in the OR/ zone, e' covereth grass or lad shrubs �xi„ screening shall be providedalong 'y, and/other acceptable materials lot lines or street riotra$-Way in wnar irh provide mevimm visual a eanror sufficient to effectively .Nrrh• postterm ty to a Height of s s (6) abspO�� the c mmercial or feet at maturity may M used if inin,teY f, use from view Within the APi by the City Forester. Iot lines of, an A or ORP zone, Or 3. Mol, butting r located a o Time of Installation. the^street frocommercialsaid commercial Or induReial use. a. If a lot proposed for A commercial or industrialuse Ilocated b. In an ORP zone, screening shall be adjacent to or opposite an ¢.;sting prnv,ded In a location and n residential uSeor s bdivrsion in an wNide t u effectively I..... R zone, or aschool, screening m all orf -street parsing and loading, required herein shall be insulled sforaye, or' Other n r ncn area or [o aui.pancy, or eomeecemn6 a tovltY from view within themot pprior The City Fnstm W fe n ce )is of the R zone or scool, h the 1 grant adelay o p calendar dates f June I or Neveter T. whichever comes first. Similarly. if a lot Or space ..nnnnnr.nrnn..nr.n.. .. n n n nr�p OFFICIAL PUBLICATION t intended for the puazmmst of rnutactured Musing located adjacent to, o across the street frau an e ist, no residential development in RIA or a RIB zone, the omthe nA.i:l.red housing use shall provide screening as described herein. It. If "A' abase is not the case. screening need not M provided until within sir (6) months after building permit is issued for a residential use or a school, a final Plot of a residential subdivision is approved, or a recreational area is available for use on adjacent or OPPositax land. a. Exceptions. Screening may be waived by the City Forester if the view is blocked by a change in grade or by the natural o man-made features as determined by the City Forester. b. Maiateni The owner shall keep all screening properly maintained. free of trash and litter and all plant materials pruned in fon a manner as to provide effective s' visual obscurity from the ground to A Might of at least six feet. IN III. REPEALER. All ordinances and parts r mantes to conflict with the provision of ordinance are hereby repealed. ON Iv. SEVERABILITY. If any section, s on or part o the Ordinance shall Ise aged to be invalid p unconstitutiorol, such cation shall mt affect the validity of the mace as a whole any section, provision qr part thereof rot adjudged invalid or unconsti- SECTION V EFFECTIVE DATE. This Ordinance snail ben effect a ter Its nal Passage, approval and Isublication as required by law. Passed and approved this 28th day of September, 1982 1, ATTEST OCTOber 6, 1982 r4 ORDINANCE NO. 82-3083 ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY TO ADD ARTICLE VIII., "INTRUSION ALARMS" SECTION I. PURPOSE. The purpose of this amendment is to add a new article, Article VIII., to Chapter 24 of the Code of Ordinances of the City of Iowa City, Iowa, to provide regulations for the installation of alarm systems and to provide sanctions against false alarms. SECTION II. AMENDMENT. Chapter 24 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding Article VIII. Alarms Systems, Sections 24-126 to 24-131, which shall read as follows: ARTICLE VIII.• ALARM SYSTEMS Sec. 24-126. Definitions. As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section: Alarm business. Any business operated by a person which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, or servicing alarm systems, or which causes any of these activities to take place. Alarm system. An assembly of equipment and devices directly connected to the Police Department arranged to signal the presence of a hazard requiring urgent attention and to which agents of the police department are expected to respond. The term "alarm system'! shall include, but is not limited to, intrusion or burglar alarms of the audible or direct -line radio or electronic type. Alarm user. Any person, firm partnership, association, corporation, company, or organization of any kind on whose premises an alarm system is maintained. False alarm. The activation of an alarm system connected by any means to the Police Department through mechanical failure, malfunction, improper installation or the negligence of the alarm user or of his/her employees or agents. Intrusion alarm. Any alarm connected by any means to the Police Department which signals any unauthorized intrusion into a premises and includes, but is not limited to, burglar and hold- up alarms. r Ordinance No. 82-3083 Page 2 Sec. 24-127. Permission to install alarm systems; standards. (a) Every alarm system must comply with the following standards: Equipment and supplies used in the installation of alarms must: (1) Be approved by the Underwriter's Laboratories, or (2) Be equal to or better than the standards of the Underwriter's Laboratories. The burden of proof to establish that the equipment or supplies meet or exceed the standards is upon the person applying for permission to install the alarm. (3) Equipment or supplies not directly comparable to any equipment or supplies approved by the Underwriter's Laboratories may be approved by the Police Chief. (b) No alarm business shall install or alter any intrusion alarm system on any premises without making application to and receiving written permission from the Police Chief for such installation or alteration. Application shall be made on forms provided by the Police Chief. (c) The City Council by Resolution may establish monthly fees to be assessed an alarm business for each individual alarm terminating at the Iowa City Police Department. Sec. 24-128. False alarms. (a) An alarm user as defined in Sec. 24-126 of this ordinance, shall be charged for each false alarm a fee pursuant to the false alarm charge schedule adopted by Resolution of the City Council. (b) All bills for false alarm charges shall be issued by first class mail to the alarm user. On said bills sent to alarm users of the intrusion alarm type, the police chief shall include written notice of his/her intention to disconnect said alarm user's intrusion alarm from its connection to the police department or of his/her intention to refuse to authorize response by police department personnel to future alarms from that alarm user's alarm system if said alarm user fails to pay the false alarm charge within thirty (30) days of C lance No. 82-3083 F 3 being billed. Said written notice shall also inform said alarm user of his/her right to request a hearing before the police chief by filing a written request with the police within thirty (30) days of being billed and further inform said alarm user that failure to request a hearing in a timely manner shall constitute waiver of his/her right to a hearing. (c) When a hearing is requested in a timely manner, the police chief shall serve on the alarm user written notice of the time and place of hearing by first class mail at least ten (10) days prior to the date set for hearing. (d) At the hearing before the police chief, the alarm user or his/her authorized representative shall have the right to confront and examine witnesses, and to present evidence as to his/her delinquency. After the hearing, the police chief may order disconnection, or may refuse to respond to future alarms from that alarm user's alarm system or may withdraw the notice if he is satisfied there is no delinquency. (e) Any alarm user whose alarm system has been disconnected or to whose alarm system the police chief has determined no future response will be made pursuant to this Section shall have the right, within ten (10) days after receiving notice of said action from the police chief, to file a written appeal by first class mail or hand delivery with the City Clerk, and no alarm user shall be required to discontinue use of his/her alarm system prior to the expiration of such ten (10) day period. Such appeal shall set forth the specific ground or grounds on which it is based. The City Manager shall hold a hearing on the appeal and shall cause the appellant to be given at least seven (7) days written notice of such hearing. At the hearing, the appellant or his/her designated representative, shall have the right to present written or oral argument, or both, in support of his/her appeal. The City Manager shall issue a decision within seven (7) days after the hearing. (f) If an alarm user files an appeal pursuant to paragraph (e) of this Section, he/she shall not be required to discontinue use of the alarm system until a final decision is made on his/her appeal. Oi.....ance No. 82-3083 Page 4 (g) Any alarm user whose alarm system has been disconnected from police department facilities is not precluded under this Section from applying for a new connection. The police chief, however, is not required to allow a new connection unless past delinquencies have been satisfied, the police chief is satisfied that the applicant will meet the obligations proposed under this Ordinance in the future, and sufficient board space is available at the police department for the connection. Sec. 24-129. Service of notice. Whenever a person, the police chief or his/her designee, or any city official or employee is required to make delivery of notice by mail pursuant to this Article, delivery, in lieu thereof, may be made by hand by any person eighteen years of age or older. Sec. 24-130. Judicial review. Nothing herein shall be deemed to deny to any person claiming to be aggrieved by any determination hereunder any applicable judicial remedies provided for by the laws of the State of Iowa, including the right to appeal to District Court. Sec. 24-131. Penalties. The failure of any person to: (a) comply with the requirements of Sec. 24-127 before installing or altering any alarm system; or (b) obey any order of the police chief to disconnect an alarm system from the police department after such person has exhausted his/her rights to hearing or appeals: is a misdemeanor and is punishable by a fine not exceeding $100 or imprisonment not to exceed thirty (30) days. Each day that such violation continues shall constitute a separate offense. 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, provi- sion 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. Ordinance No. 82-3083 Page 5 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after --its passage, approval and publication as required by law. Passed and approved this 28th day of September, 1982. n n OR ATTEST: (2�Y CI CLERK Q It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER _x PERRET First consideration 8/31/82 Vote for passage: Ayes: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Second consideration 9/14/82 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Date published October 6, 1982 Received & Approved By The Legal Department 1Q 8-�7, X2- } CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3083 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of September , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 6th day of October , 19 82 Dated at Iowa City, Iowa, this 16th day of November , 19 82 . MARIAN K. KARR, DEPUTY CITY CLERK Printers fee Ai Q -q6 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS"CITIZEN I. Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at led, was published in said paper timeW, on the fol- Id nisi �i Z92?a Iforee Subscribed and s(woorn, to th�ig+ ^JsL day of Vl1 1 // / Notary Public No. L2,3i & MZA- NYU 1S1I11r6'AMEQ MIA OFFICIAL PUBLICA>/ION OFFICIAL PUBUtAYM OROIHNI[E W. 731183 Hering. OROIRANCE AHEH0I10O CHAPTER 24 OF THE COOS OF OROIHAIICES Of THE CITY OF IOWA CITY TO AO0 ARTICLE VIII, ,'IRIMINI-At 6" SPIN 1 PURPOSE. TM peag,Pfi I �tMs ies Gent sib a��It's. ArsT V., M Chapter 24 of the Code of Ondinanees W the City of Iowa City, low. to provide re9ulat,das for the installation o1 4]am systrs and to provide sanctions against false aI... ¢y SECTIN IL A NWERT. Chapter 24 of thebade of Ord natitaov¢0-3� i o�[It, of Iwo City, love.' is hereby aednded by adding Artfc le VI11. Mares Systole, Sections 24-125 W N-131. Mich Mall read a follows: ARTICLE VIII. ALAR, SYSTEM Sec. 24-M. Definitions. As used n this article, the following words and phrases shall naw the YMInQ3 respectively mCrided to theT in this KCi M: Alen te'"Is . Ary business operated by a person Which Mptpedi i. the Activity of dlteriN. instar iag. twin, Yioninin. repairing, ieplacbg, roiling, or servicing alar systems, or Mitis CalMgflgl Of tote Activities to UAe place. Alar system. An assaDly 0 aonlpedn[ aha devices directly connected W the Police Depart. nt ranged W signal the presence of . hazard ml,ii i)g act attention and W Mich agents of tH pOt,lY rtaki a. expected W vellum. 1H ten "alem s,tei shall include, but is not lined W. Intrusion or burglar alarms of the aWible or direct -line redid or electronic type. AlanAny personr , fire partnership, association. corporation, company, or organization of any kind on Mose praises an ala. systes Is .Inclined. False alar. IM activation of an alar system, coneacted by any means to the Police Departren[ through Ychanical failure, welf➢ncti on, improper Ins W)Ltion Or the negligence of the ala. user or of his/her sldloyees or agents. Intrusion alar. Any alae connected by any means to the police Departewlt Which signals any u.U[heriied intrusion into a prMius dud incl Wes. but is net limited to, Wrgiar and belO- Up Clens. Sec. 24-127. Peon ssion to, 1nsWi1 alae systss: standard. (a) Every alam system wast coldly With the foliwteg standards: Ewipld" and supplies used 4. the instdllation of slams must (1) gt. sports" by the undemriter's ,atones, or Q) Be equal to or better than the standards of 0e UMerwritar', Laboratories- The Wroen of proof to estab1551r tat the ..i weipaenl Or slppl les meet or eKeeo the standards is upon the person app)yln for penission to install the plan. (3) Eouipednt or mpplia' net directly g c4arable to any, equipYnt Or supplies app,ved by the UMe.,ite", Laboratories may be approved by the dolice Chief. (h) Mo alae believes. shall install or alter any -trusion slam systwo on any prey ins vitnout ase-, application to aha receiving vii tten ,emission are. the Pol {ce [Mar far WN installation or alteration. Application mayn H saws, an fo,vs provided by the pulse. Ce.0f. (c) Tin City Cawwil by Remle4fM Way establish monthly fees to be assessed a alarm business business for each iZvldual alarm terminating at the Iwo City police Oeyarteent. Sec 24-I20. falx slams. (a) An slam user as defined in Sac. 24 -IM of this ordinance, shell W charged for each false slam a fee pursuant . the false alae charge schedule adopted by Resolution of tH City [ou"il. (P) All bills for fall alar targe, shall be issued by first class if to they .l.ro umr. On said bills seed W alae um, 01 CH / intrusion alae type. the police CNet onto nn nude written noticeslam o/ his/her intention to m free its nnec alae Yter', licent . iondef. liar from its Iner[ten W the police authorizt or 41 se by intention to muse W authorize response by police depswuthat .1 . ...repirsons l to re futua slams tr. robe elfai u alarm false it sato charge within user true st) pay the talo atom carpe within LMrty (30) Days of ging filled. Said written notice van also ` infpm said alam user o/ his/her right to mdutat a Hering before the police chief , filing a Written rdays O with the poll. Within thirty tx)Said ones of beine ba lu aha femhar a hem sato alae user lMl ver shall to constitute a Marino in a timely rinor salt cons[itu4 elver o/ Ms/Mr nigh[ to 6 (c) When a Haring is movestlE in a tiYly i Winer, the police chief shall serve M the 1 alae user written notice of the ties, aha place of hearing by first class Well at Tat he t (10) ays prior to flee date set for hearing. (d) At the bearing before the police chief, the alary e.r or his/Hr autlerized re,resertative shall here the right W Confront and eaMlM Witnesses, aha to P..,L evidence as to his/her al ilpwnt, Actor the Haring, the police chief Way prof . disconnection, or say refuse to respaid te future alams Iron that alae user's alae systse or my withdraw the notice if. H is satisfied there is he delinquency. (e) Ary ala. uur Mose glare 'Yet- has Hen disconnected or to whom afar system the police Chief me deterired no future :0 will be made pursuant b this Section Nr11 nave tee right, within ten (10) days fw receiving notice of mid action free the police chief, W file a written appal by li first Class sell or MM delivery with the City Clerk, and no .lawn asshall OR a rewired to discontinue use of his/Hr alar eegm"mYstew prior ce the eapi,ati.n Of such the'' - (10) day period. Such appeal sill sat foftq r the specific ground or grounds on which it is based. The City Winner snare hole a Haring define appeal aha shall cause the appellant W ,.," ven At least seven (y) days writtM notice of such Haring. At the Haring, the Appellant ere his/her designated representative, shell have the rig" W present written or Ural argument, or both. I. support of his/her appeal. The City wane mall IDs. a decisionwftnin .,an (7) days after tow Haring. (f) if an lar uur Hlas an appeal pu,uant W Wage In (e) of Of$ Section, hay/she shall nit rroul. to of scoot If. use of the alarm step until a final decision iso node on nim/he appeal. (Q) Any al no u5e r Neu alar system hes been discci.tedfree poll. deparWent facilities is Wt precluded.Mer "is Section fere apps yl n, for a naw nonaction. The police Chief,, oseever, is hat required W all.. one ,drum ion unless past delinge.iu Mm been tatisfi t. the police chief Es satisf4d that he applicant will mot the obligations proposed under this Ofdinanee in the feWre, and sufficient board rust. is available at the police edmrident for the connection. Sec. 24-129. Service of notice. Whenever a person, the police chief or his/her deslgnae, or any city official or mgloye, is re.fmd to leo delivery of notice by YII gunmen t0 this Article, delivery, in tied tHmof, , Way be nae by hand by any person eighteen Yea, of Age or Older. Sec. N -1.1o_ Judicial review. Nothing herein snail be deeved to early to any claiming to M aNriwed by wry deetorinatiun hereunder arty applicable judicial ,a-- as pro0ded Por by the Ian of the State of lows. im),dieg the right W appeal to Oietrlct wee, Sec. 24-131. penalties. The failure of any person to'. (a) Coap1Y with the re.irwents of Set. N-97 MI., inwnOg or almrlm aro ale. system; or (b) obey any order of the police chief W disconnect an alae system free the police department after such person Ma e.MusW his/her rights to hearing or appeals: is a leimless., aha fs punishable by a if. net ...Wading $in or 5epriroment rot W exceed thirty (30) days. .Eacn may tat such violatia continues 'hall Constitute a separate of fen.. SECTION 111. REPEALER. All ordinances Red pasta OT—OrgTham-0-5-To conflict vin the provisfu of this ordinance are hereby repealed. SECTIN IV. SEVERABILITY. If ay section, yrwf- on or dark of the shall W adjudged W be invalid or unconstitutional, such pudlcallon shall net affect the validity of the ordinance as a Hole or any aline, provision or part thereof not adjudged invalid or unconstitutional. SEf11M V. ErrERIVE RATE. This 0rdinance shall KL a Nr 111.1 passage, approval aH publication as required by law. Passed and approved this 280 OR, of Septenger, 1982. ATTEST: October 6. 1992 ORDINANCE NO. 82-3084 AN ORDINANCE CHANGING THE NAME OF A PORTION OF DOVER STREET TO PERRY COURT. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. That the portion of Dover Street from Brookside Drive to the intersection with Perry Court be renamed Perry Court. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. .Passed and approved this 12th day of October, 1982. P iOR ATTEST: CITY CLERK Received a Approved BY rL9d S Alnti 173 It was moved by Balmer , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration Vote for passage: XXXXXXXXXXXXXXX Second consideration XXXXXXXXXXXXXXX Vote for passage: Date published October 20, 1982 Moved by Balmer, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. 17�4 CITY Or CHIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY )) OW/-\ CITY IOWA CPY, IOWA 52240 (319) 356-5000 I, -Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3084 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of October , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 20th day of October , 19 82 . Dated at Iowa City, Iowa, this 16th day of November , 19 82 . MARIAN K. KARR, DEPUTY CITY CLERK Printers fee $37� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att ed was published in said paper—time(s), on the fol- low' date) 1: Cashier Subscribed and sworn ,tto�before me this n day of_00h , A.D. 41 Notary Public No. LS��IIV� JULSSIAYYAKM F ELI ORDINANCE NO 82-3086 DINAMCE CMAMDIIIO THE NAME OF A FORi10N Of 57REET TO PERRY CWRT. ORDAINED BY INE CITY CO MOIL OF IMM CITY, M I PORPoSE. That tM1a Portion e! One,, Trow _rooZslae Driv! to the in4rs«don erry (Wrt De renaaW fvv, C.b Ir„ it R 1REPEALER. }tit �rbinanceparts or nce are Ne ebYlelEAtR,iE to the 9rmiJf this ro lllo slut [•TY. a a(ys«torn, Par Ne Drdlna,+�1(,hall be ea to be lnv d or unto,,,Mbaal, such ¢.on shah AM an«t the validity of the se as #;wWf or anysection;�F��vi Sion or therePF not. adJvdyed Thalia er 5f CT10N IV. 4Malvl DAfE, Ihu OM ARince shall b! 1A n « a {/r les nal Dassage ��ppf9val and Dab;ic cion la! 4C it d by law. �ilCh Passed am A'Ob/b This lath day Pf r, 1982, 'nR //Iodn1J D Anfs1. 000ver 20, 1982 ORDINANCE NO. 82-3085 AN ORDINANCE DELETING THE REFERENCES TO KIOSKS AND PERMANENT, PRIVATELY -OWNED FREE-STANDING STRUCTURES IN CHAPTER 9.1 OF THE CODE OF ORDINANCES OF IOWA CITY PROVIDING FOR THE REGULATION OF PUBLIC AND PRIVATE USE OF CITY PLAZA. SECTION 1. PURPOSE. The purpose of this ordinance is to amend Chapter 9.1 of the Code of Ordinances by deleting all references to kiosks and permanent, privately -owned free-standing structures in City Plaza. SECTION 2. AMENDMENT. a. Section 9.1-7(a)(7) of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following: Municipally -owned kiosks. b. Section 9.1-7(a)(9) of the Code of Ordinances shall be corrected so that the said Section shall read as follows: "Arts and crafts sales of handmade articles by an organized guild, association or club on an occasional basis (Zones 1 and 2)." C. Section 9.1-7(c) of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following new Section 9.1-7(c): Days and Hours of Operation: Buildings extended on to the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Sidewalk cafes and mobile carts may operate seasonally, but must be at least in operation substantially through normal retail business hours, Monday through Saturday, May 1st to October 1st. Other months of operation may be granted by permit for ambulatory vendors and mobile carts when the product is related to another season. d. Section 9.1-7(f) of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following new Section 9.1-7(f): Performance Time Limits: Sidewalk cafes and mobile vending carts must be in operation within sixty (60) days of the start date provided for in the permit, or the permit approval shall automatically expire. Building extension shall be completed and in operation within such reasonable time as said in the permit as provided in Section 11(a). e. Section 9.1-7(g) of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following new Section 9.1-7(g): Maintenance: The applicant is responsible for maintaining the area within and in proximity to his/her 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. ,/' S Ordinance No. 3085 Page 2 Supplementary trash containers must be provided if considered necessary and specified in the lease or permit. All landscaping provided by the applicant and the exterior of all structures and carts must be maintained in good condition by the applicant. f. Section 9.1-7(h) of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following new Section 9.1-7(h): Illumination: Nighttime interior illumination of all building fronts and basement extensions, display window extensions, and basement stairwells is required during hours of operation. g. Section 9.1-8(d) of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following new Section 9.1-8(d): Permanent and Temporary Structures. The City Manager, upon approval of City Council, may enter into an agreement for the sale or lease of public right-of-way in the City Plaza for the construction of 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 or sale shall only be entered into after careful consideration and assurance that the following conditions have or will be met. h. Section 9.1-8(d)(3)b. of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following new Section 9.1-8(d)(3)b. No building permit for the construction of any temporary structure or any building extension to be constructed 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 affirmative vote of five (5) members of the City Council to constitute City Council approval pursuant to this section unless such conditions are met. If the Design Review Committee recommends dispproval, it shall require the affirmative vote of five (5) members of the City Council to constitute City Council approval pursuant to this section. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. 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. / 7% Ordinance No. 3085 Page 3 SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 26th day of October , 1982. `2" C. �0 LdA.W t_a Q A MAYOR ATTEST: • CITY CLERK It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: P4 First consideration xxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxx Vote for passage: Date published November 3, 1982 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. air sF�e� 2 A p -proved By The Lec,+al D:•pari ::ant le z6 1 Isz- 177 CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY )) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3085 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of October , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 3rd day of November , 19 82 . Dated at Iowa City, Iowa, this 8th day of December 19 82 . MAR AN K. KARR, DEPUTY CITY CLERK Printers fee 41 � CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN 1, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att ched, was published in said paper time(s), on the fol- io ng date(s): � Cashier Subscribed and sworn to before me this L�day of / WL! A.D. 19_g Notary Publi( v0. OFFICIAL PUBLICATION ORDINANCE NO. 82- 3085 . ORDINANCE OELmNG THE REFERENCES TO KIOSKS AND PERWNEW, PRIVATELY-ONIED FREESTANDING STRIKTURES IN CNMTER 9.1 OF THE CODE OF ORDINANCES OF IOW CITY PROVIDING FOR THE REGS"TION Of PMLIC AFD PRIVATE USE OF CITY PIAUi. A N 5 CTIM 1. MSE. int purpose of this oreNFae is W Seem theater V 1 of the code of Ordfna„eec by existing all referencm. to Ai.,s: arra P.,eanant, wen ratelY-aAiNd Inse-staMl, structures in city RE sal SE ION 2. Mi a. 5ectlon 9,1-1(.)(» of the Code .1 0"1"ices { is Mrsty Seemed by deleting said Secure Slid npl«iron it With the following: Iuniciwllp } owned Rios". N Section 9.1-7(q(9) of the Cade of Ordinances shell W carracfal so that the said Section shall read as follows: 'Arts ant crafts .les of Mg ,eaex articles by an organized guild. Assoc fallow q club on an Occasional basis (Zonas 1 and Z).' c section 9. 1-7(c) Of the Code of Ordinances is hereby agndad by Mletil to section ant replacing it with the folldw1N ,few section 9.1-T(q. DMs and Hours ofope _tiT-o�M n: Buildings fatenl�i( an 1D L-li! r-fiCiazA are to ,an at least during ..I retail bu,,dal noun. Monday through Saturda, throughout the year. Sidewalk cafes and eobi IS carts Yy operate seasonally, bu,. auet W at least In Oq..t inn substantially "rough ..I IS",i bust,�ws Mum, Mandl through Saturday. MAY IAt to OctaWr lst- Other Sentht of O,wratlwn Say M granted by "Twit for Sac.141d" vaMon ant .Mile cars. when Ne'Toduct is related b "Thea, season. a San: tion 9.1')(f) of the Code of Ordinances is Hereby aMndad by delect,g_ Said section and "Flaring it Nth the fallowing new Section 9.b)(f): . performance Ti. Limits: SiafwalA cafes ami m 1Te v*MW% car" must M in bel low within sixty (80) days of the start date provided for in the Remit, or t "nit approval snail eutegtlully upfya. Building extension shall be lowN d and in '"ration within such rwsonele ti. as .aid in the "nit as prwlded in Sectlen 11(a). Section 9.1-7(g) of the Cme of Ordinances is hereby aawml by deletifg said section ant replacing it with the following new Section 9.1.7 p): to Me: The a"hunt IS e far maintaining tly area within and In 0.DHaity to his/her I outipn in a clean ant d. a.w feae condition, Including Sna —v.i for A distance of ten (10)fast from any S",actufa'accuaied by the ppll.tC Su"is!eP."ry trao-conNinal M praeldea if c.l.lexred ..,A,, and apecid In the )..a or "mit All AM s IM -.Surd epDii.n..M the as terior of all StruC "res add cart, eust be naiotained in good condition by OFFICIAL PUBLICATION the appl l...%. f. Section 9.1-I(h) of the Code of Ordinances 1s hereby asended by deletiig said election AM replacing it with the following new Sectian 9.1-g(h): 11I.M.M..: Nighttime Interior TT1..Tnflon of ell Mllding front. and basement •.ten.ioM, dill, Sirdar extensions, ant Msegnt Stairwells is re9uirad during hOUm of operation. g. Section 9.1-80) of the Cada of Ordinances, Is Mfeby agreed by alet5nnpp said section and reel xi,g it with the following now Section 9.1-8(d: Pennanen and Femora Structures. The Lify E�anageq eon approval or City Council, nay enter Into an agreement for the sale Or lea. 01 public not -of -way In the City Plaza for the construction of an amnion to an existing Ston front or for the tee orery or seasonal u. of Z. 1 by the Owner or operator of "utti,g t- pr,grt . Said lea. or IS atoll only W entered Into after _ careful consideration and ea.unanq that w following conditions Mn or will Mgt. h. section 9.1-8(tl)(0)0, of the Code H ordinances Is beraby Vended by gbpnngp ./d section and replacing It with the following new Section 9.1-8(E)(3)b. g Wilding "felt for the clgteartlg of any leporary StrucWM w arty building aaWnsim.te M construtw pursuant te this ordinance shell M 11TY issued until plea far Said construction Mn been xviewad by the Dosir R.Iw .1^A C'giLtee and approved by the city CwMi 1. The design MN. Covarl SHO within thirty (111) awes of ncaq l of said plana, review the Stands xN Advise approrAl, a"ronl with S Conditions, or dlaappewal in a wrltean regrt forwarded to the City CONPcAl ASN the applicant. If the Design .seri. Committee r.,.m. .ppr.al NN conditions, it snail "gulp.. the. .�( SECTION 3 REPEALER. All .rdl. ant tents oPorZr w In conflict •10 the provisions Of this ordlnpoe an hereby re"sled. SECTION < SEVERABILITY, If any sial pi&M_T.r the Ordinance shell W H Woodland W W Invalid of uMgatinational. Rech ayWicati. shell nak affect the Validity of The Ordinance as a whole or any Section. Dra lsiOn or "rt thereof rot adjudged inealid Dr uMdnStituUpnl. y`AMON 5 EFFECTIVE OATE. This Ordinance shall n a eat a ter s nal ",sags. Approval ant publication as required by law. Passed and pproved this tet, day of n.,.h.. . 1882. ATTEST:-_� Nwernber i. 1982 a1' i Ida) X&Ice-dv per- f-1 �' i r ORDINANCE NO. 82-3086 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF IOWA CITY TO REZONE CERTAIN PROPERTY C2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described below is hereby classified as C2: Tract 1 Commencing at the Northeast Corner of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian; thence on an assumed bearing of S 00°00'00" E, 300.00 feet, along the East line of said Section 20; thence S 89°26131' W, 25.50 feet, to a point which is the intersection of the Southerly Right -of -Way line of Willow Creek Drive and the former Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence S 89°26'31" W, 85.99 feet along said Southerly Right -of -Way line, to a point on the Present Northwesterly Right -of -Way line of said Iowa Primary Road No. 1, which point is 70.00 feet normally distant Northwesterly of said former North- westerly Right -of -Way line, and is the Point of Beginning; thence S 30°37'44" W, 132.80 feet, along said present Northwesterly Right - of -Way line to a point which is 60.00 feet normally distant Northwesterly of said former Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence N 75°29'54" W, 186.61 feet; thence N 34°56'58" E, 80.00 feet, to a point on the Southerly Right -of -Way line of Willow Creek Drive; thence N 89°26'31" E, 202.51 feet to the Point of Beginning. Tract 2 Commencing at the Northeast Corner of Section 20, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence on an assumed bearing of S 00°00'00" E, 300.00 feet, along the East line of said Section 20; thence S 89026'31" W, 25.50 feet to a point which is the intersection of the Southerly Right -of -Way line of Willow Creek Drive and the former Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence S 89°26'31" W, 85.99 feet along said Southerly Right -of -Way 170 Ordi :e No. 82-3086 Page line, to a point on the present Northwesterly Right -of -Way line of said Iowa Primary Road No. 1, which point is 70.00 feet normally distant Northwesterly of said former Northwesterly Right -of -Way line; thence S 30037'44" W, 132.80 feet along said present Northwesterly Right -of -Way line to a point which is 60.00 feet normally distant Northwesterly of said former Northwesterly Right -of -Way line of Iowa Primary Road No. 1, and which point is also the Point of Beginning; thence S 34°56'58" W, 325.04 feet to a point which is 60.00 feet normally distant, Northwesterly of said former Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence N 71°47130" W, 182.58 feet; thence N 34°56158" E, 312.46 feet; thence S 75029154" E, 186.61 feet to the Point of Beginning. as requested by John R. Sladek. SECTION 2. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION 3. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. Passed and approved this 9th day of November, 1982• ATTEST: 17? 0 ance No. 82-3086 Page 3 It was moved by Balmer , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 10/12/82 Vote for passage: Ayes: Balmer, Dickson, Erdahl, McDonald, Neuhauser, Perret. Nays: None. Abstain: Lynch. Second consideration 10/12/82 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Neuhauser, Perret, Balmer. Nays: None. Abstain: Lynch. Date published 11/17/82 Raealvicel & Appmvad By Tha Lagal 0 pa iniont zt,Z..e.... YP6 CITY OF I CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3086 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of November , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 17th day of November , 1982 Dated at Iowa City, Iowa, this 8th day of December , 19 82 . MARIAN K. KARR, DEPUTY CITY CLERK � 9� Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at hed was published in said paper _( flGL'>�1 time(s), on the fol- io ng date(s): �la/7/9 Cashier rSubscribednd sworn to before me say of A. D. 196 Notary Public No.��(G�` `�uustarnaa� ORDINANCE W. 824086 M ORDINANCE MENDING THE ZC ORDINANCE Of IOW CITY TO REZONE CEI PROPERTY U. BE IT ORWINEO BY THE CITY COUNCIL OF IE IATA CITY. IAM: SECTION 1. That the property described he c assiffed as C2: Trac[ 1 ,wei of S 00'00'00" E. 300.,X1 YRRt.-01..g this line of said SectigR 25: 'tiiarca S Si J1' W. 25.50 feet, to a Mint Mich is the iRtersec[ton of the Southerly Right -of -Nay lire of Willow Creek Orive and the former NOrtMesterly Right -of -Nay line of lewd Prieary Road No. 1; then;! 5 Bla'4131'W. 85.99 feet along said Southerly Right -of -Wo ifre, W .,point on the Present NOrthwstarly Rfght-oarft lire of saidlaw fviYy Road No. 1, With point is 70.00 feet normally distant Northwesterly of said tomer North- westerly Right -of -Way 11M, aM is the Point of Beginning; thence 5 30-37'"" W. IMAO feet, along said present Northwesterly Right - of -Way, ILA to a point popish is WAIT feet no.11y di.taat xortMastarly of said fanner Northwesterly Right-of-Wa9 line of law priwry Road No. 1; thence N 75'29'54" N, 186.61 feet; thence N 34656'58" E, 80.00 feet, to a point on the lea; Theresa Ra NU -26-3 lire of Willes Creek Drive: [free x Beginning. 31' E, 202.53 fact to the Point of egi nntrg. Tract 2 Consenting at the Northeast Corner of Section 20, TawnshiD 79 North, Range'6 West, of the Sth Prihcipal Neridlan; tense of an assessed bearing of 5 00°00'00" E, 300.00 feet, salon the East line of said Section 211; "nee S 89°26'31' W, 25.50 feet to a pointa4fch is the is vctipa of the Southerly figh o1 -way 11A of Willa. Creek Orwis and the ismer Northwesterly Right-ot-Way line at Iowa Prfnay, Road R. 1; then,. S SVA13l" W. 85.99 fast along said Southerly Right -of -Way line, W a point on [he present Northwesterly Right-of=Way line of said law Priam, Road No. 1, Mich point is 70. DO fast Mi -sally distant NortMeaterly of .air!'.. former Northw.terly Right-.f-Wy line; thence S 30'3]'"" W; 132.80 feet along said present Northwesterly Right -of -Nay, line to a point Mich is 60.00 fast norially distant Northaeaterly of said Terser Northeasterly Right -of -WV line of Iowa Priaay Road No, 1. M Mich point is also the Paint of BegiNstig', there. 5 34'56'58" W, 325.01 Jeet to a pint Mills is 60.00 feet noraslly distant, ibrtawsterly of said foiser Northeasterly Right -of -Way line of Iowa Pr iwry Read He. 1; thence N 71647'30' W. 102.58 feat; thence N 34056'58"E. 30.46 feet; thence S 75029'54" E. 186.61 feet, point of Beginning. as reawsted by John R. Slad.k. SECTION 2. The Building Inspector { aaT[wriiea and directed to change the Zoo the City of Iwa City, Iowa, to conte aaenasent upon the final passage. App publ icatlon of this ordi Alice as provided by SECTION 3. The City Clerk ff hereby sothon Red and - T FkTed-G Corti fy a copy of this oral hence to teY County Recorder of Joemn County. Iwa, upon final passage and publication as provided by law. Passed and approved this 9th day of Noraseer. 7982. ATTEST: MYON CITY fLQ November 17..:1987 • ORDINANCE NO. 82-3087 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 603 SOUTH DUBUQUE STREET FROM C2 TO R3B. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described below is hereby reclassified from its present classification of C2 to R3B, and the boundaries of the R3B zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 603 South Dubuque Street and legally described as: The east 90 feet of Lot 1, Block 11, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof. and The west 60 feet of Lot 1, Block 11, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof. As requested by Tam Lepic and Gerry Ambrose. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. 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. Ordinance No. 82-3087 Page 2 Passed and approved this 9th day of November, 1982. C. Z2( M R ATTEST: CITY CLERK Reeeived & Affmv°dIM wal Do �td ,L /D ,r L 0nce No. g? -30A7 • Page 3 It was moved by Balmer , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 10/12/82 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Second consideration 10/26/82 Vote for passage Ayes: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Date published 11/17/82 193 4. CITY Or= IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3087 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of November , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 17th day of November , 19 82 . Dated at Iowa City, Iowa, this 8th day of December , 19 --BZ. aze_'a� 7e 7�� MARIAN K. KARR, DEPUTY CITY CLERK 4o Printers fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto aJc�h�ewas published in said paper IY�L3L time(s), on the fol - to ]JV/ atelsl: zz j Cashier rbscrSuibed and sworn to before me this day of A. D. 19� 1 �j�` Notary Public No.� f (0 �uusur$wlot OFFICIAL PUBLICATION NOINANCE ND. 82=3081 , ONDINMICE ANENOING THE ZMING ORDINANCE BY FEWING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATEOAT 6035WEN DUBUQUE STREET tRON C2 TO R3B, - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INA CITY, IONA: SECTION 1. That the property described below s a reclassified frame its present classification of C2 to RM. aha LM poundaries of the M tone as I Micated upon the caning cap of the -City Of lova tit, I., sMu Be enlarged ted include, in.. property looted at 603 South OubuRue, Street and legally deurited ea: IN east N feet of Lot 1, Block 11, County Seat Addition to low City, Two, according to the recorded plat thereof. The vest 60 feet of Lot 1, Block 11, County Seat Addition to Iowa City, Iowa, according to the rencarhd plat thereof. As redwated by Toe Lapis and Gerry Ambrose. SECTIM 11. The Buildi led Inspector is hereby authorized and directed to change the zoning cap o, the City of low City, Iwai be conform to this nendeent upon the final "a"", approval and publication of this ordinance as provided by lay. SECTION 111, The City Clerk is hereby autboriied ar.TUT_._Wd to certify A Copy of this ordinance to the County Recorder of Johnson County. Iowa. upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordl dances and part, of Ord nancerd In c�ret YIt. the prnVislan pl in,, ordinance are Nreby repealed. SECTION Y. SEVERABILITY. O any Act'.r' ora„ s on—i-i or part of r ordinance s 1,I cr adjedged to he invalid affect urconsHte rtV such {tudication snail not affect �tI of tN Ordtnalgt as a Ngle or any Adjudged section, Isi on a part thereof Mt adJudgedid or u onstituUonel. -Ni. Passed and approved this 9th day 1982 ATTEST: LERR M ORDINANCE NO. 82-3088 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY KNOWN AS FOREST VIEW COURT FROM R1A TO RMH. Be it ordained by the City Council of the City of Iowa City, Iowa: SECTION I. That the property described below is hereby reclassified from its present classification of R1A to RMH, and the boundaries of the RMH zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property known as Forest View Court and legally described in Attachment A, as requested by the City of Iowa City. SECTION II. The Building Inspector is hereby auth�zed and directed to change the zoning map of the City of Iowa .City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 23rd day of November, 1982. I /sl�t ATTACHMENT A That part of the NE 1/4 of the NE 1/4 of Section 4, Township 79 North, Range 6W in Johnson County, Iowa, except the SE 1/4 of the NE 1/4 of the NE 1/4 of said Section 4, and except 4 1/2 acres from the NE 1/4 NE 1/4 NE 1/4 and NW 1/4 NE 1/4 NE 1/4 taken by the State of Iowa for highway purposes with the north property line described as follows: starting at a point on the west line of NE 1/4 NE 1/4 that is 140 feet south of the centerline of Interstate 80, thence to a point 75 feet radially distant southerly from the edge of concrete at Station 2905+51.6 on Ramp B,., thence to a point 60 feet radially distant southerly from the edge of concrete at State 2910+00, thence parallel to the edge of concrete on Ramp B 60 feet distant southerly to a point on the east line of Section 4. It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll ca1T there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 10/12/82 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Second consideration 10/26/82 Vote for passage: Ayes: McDonald, euhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Date published December 1, 1982 Received & Approved By The Legal Deparftn * `F2 W CITY OF IOWA CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5030 I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3088 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of November , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 1st day of December , 19 82 Dated at Iowa City, Iowa, this 13th day of January 19 83 . PIAN K. KARR, ACTING CITY CLERK �a Printers fee $X� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hed, was published in said Pa timels�, on the fol- -ng ,l I ier Subscribed and sworn to before me this _q day of��A. D. 190/11. Notary Public No.Ltol , /(�Da ty JULI SLAYYAKFy OFFICIAL PUBLICATION ORDINANCE MO. 8Z -IM ORDINANCE AMENOING THE ZONING ORDINANCE BY CHANCING THE USE REGULATIONS Of CERTAIN PROPERTY AMMAN AS FOREST VIEW COURT FROM RIA TO ANH. Be it ordained! by the City Council of the City of Iwo City. Idea: SECTION L That the property described helm is MWFi y rec/ds.ified few its present classification of RIA to RNl,ynd the Oduaeries of the FMN zone as indicated upon the zoning tap of the City of Iowa City, Iwo, shall be enlarged to include ,we property known as Forest Vim Court and legally �- described in Attacheent A. as requested by the City of Iowa City. ATTACHMENT A That part of the NE 1/4 of the MEI/4 of Sacci on 4, Township 79 North, Range 6N.in Jobnson County, Iowa, except the SE 1/4 of the ME 1A of the ME 1/4 of said Section 4, and. except 4 1/2 acres frw the HE 1/4 NE 1/4 HE 1/4 and w Ip BE 1/4 NE 1/4 taken by the State of Iowa for highway Pusses with the north property line described as foliws: starting at a point on t" nest line of hE 1/4 ME 9/4 that is IQ feet south of the centerline of Interstate 8Q thence to a point 8' feet radially distant southerly frog the edge of concrete at Station ZBOS.51.6 on Req 8, thence to a point 6o feat radially distant southerly frog the edge of concrete at State 291000, thence parallel to the edge of concrete on Ray B, 0 feet distant southerly to a point on the east line of Section 4. SECTION 11. The Building Inspector is hereby out r ze and directed to change the zoning MAP of the City of Hwa Ity, Iowa, to confow to this AeaaasenL upon the tial passage, approval and Publication of thisOedi Muce as provided by law. SECTION III. Tb City Clerk is bereby authorized a roc to ertify A copy of this ordinance to the County Recdder of Johnson County. Hwa, upon fiat passape bed pub IJc.t i on; as. Prov i dad by law. SECTION IV. 1PEALER. All drdi"aces and parts of n-ai a�rces-a coOFTfct with tb pedvision of this ordina"e ae herapy repealed. SECTION 1L SFVERABILITY. If any section, or part o� the Ordinance still IF, adjudge, to be invalid or ma®nstitOtional, such ajudirlion shall not 01sRA! the Validity of the, Ordinate as a white Or any section, prdvisign or art thereof "t adjudged Invalid or u"onsti- -utoal. S,CTION VI EFFECTIVE DATE This ordinance shall >1n elm t a4 er ,f`ts t, yl passage, approval dnli publication as required by Iw. Passed and approved this 231d day of Norember, 1982 ATTEST: RN December 1, 1982 ORDINANCE NO. 82-3089 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY KNOWN AS TOWNCREST MOBILE HOME PARK FROM C2 TO RMH. Be it ordained by the City Council of the City of Iowa City, Iowa: SECTION I. That the property described below is hereby reclassified from its present classification of C2 to RMH, and the boundaries of the RMH zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property known as Towncrest Mobile Home Park and legally described in Attachment A, as requested by the City of Iowa City. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this Received & ApprovedBy Be4 ki 23rd day of November, 1982. 9 Department to �L oOR ATTEST: &( CITY CLERK It was moved by Perret , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: /,9'7 ATTACHMENT A Commencing at a point 3.52 chains East of the Southwest corner of the NA of Section 13, Township 79 North, Range 6 West of the 5th P.M. thence East 269.2 feet, thence North parallel with the West line of said Section 1321 feet, thence Northwesterly 269.8 feet to a point 1352 feet due North of the beginning, thence South 1352 feet to the place of beginning, containing 8.26 acres, more or less, except commencing 1081 feet north of a point 3.52 chains East of the Southwest corner of the said Northwest quarter of Section 13, thence Northeasterly to a point in the North line of the tract above described, that is 194 feet Easterly from the Northwest corner of said tract, thence Northwesterly 19h feet to a point that is 271 feet due North of a point of beginning, thence South to point of beginning, subject to the public highway off the South end thereof. The East twelve feet of the South four hundred eighteen feet of the following described property: Beginning at a point on the West line of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M. said point being on the South line of the right-of-way of the Chicago Rock Island and Pacific Railway, thence -,South 28.49 chains to the center of the Bloomington Road; thence East along said center of said road 3.52 chains; thence North 28.49 chains to the South line of the right-of-way of the Chicago Rock Island and Pacific Railway; thence West along said right-of- way 3.52 chains to the place of beginning. Except the following described property being sold under contract to John Grassi: Beginning at a point 33.0 feet North and 232.32 feet East of the Southwest corner of the NW: of Section 13, Township 79 North, Range 6 West of the 5th P.M.; thence East 100 feet along said right-of- way; thence North 0056' East 100 feet; thence West 100 Feet; thence South 0°56' West 100 feet to the point of beginning, together with an easement for ingress and egress over the following described property: Beginning at a point 33 feet North and 332.32 feet East of the Southwest corner of NWe of Section 13, Township 79 North, Range 6 West of the 5th P.M.; thence East 30 feet; thence North 0056' East 130 feet; thence West 80 feet; thence South 0056' West 30 feet to the North line of the above described property; thence East 50 feet to the Northeast corner of the above described property; thence South 0°56' West to the point of beginning. AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 10/12/82 Vote for passage:yes: erret, a mer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Second consideration 10/26/82 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Date published December 1, 1982 /90 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-500CD I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3089 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of November , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 1st day of December , 19 82 Dated at Iowa City, Iowa, this 13th day of January , 19 83 . AF&,� 4'. 7 ✓ SAN K. KARR,AUiING CITY CLERK Printers fee $J&_ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at� hedj was published in said paper CiL time(s), on the fol - mg datelsl: ,e�t�t.,S� ) e ,1�a� Cashier Subscribed and sworn to before me sc this ! day of A.D. 19= I Notary Public e1�"awaag OFFICIAL PUBLICATION ORDINANCE 110. 82-3089 ORDINANCE AMENDING THE ZONING OR0INANCE BY CHANGING THE USE REGUTATIONS OF CERTAIN PROPERTY NIAWM AS TONCREST MOBILE NONE PARA FROM C2 TO ft. Be it ordained by the City Counts of that City of low City, I.: SECTION L That the Property described helOW is Mr�y reclassified frog its present tlessification of C2 to RMA, am the bonMaries of the ANH zone as I odieted upon the zoning w as, of the City of lo City. Ipw, shall he enlarged to imlude th,, property known as Teocrest Mobile Noee Park and legally described in Attacivaim A, as rH j&.W by M City of Iw City. ATTACHMENT A fa�encing at a Point 3.52 chains East of Ulla, 60plhwst corner of the IAIe of Section 13,-T.,hip 19 wrth, Range 6 West of the 5th P.M. theme East Y69.2 feet, thence North parallel With the West line of said Section 1321 feet, thence Rorthwsterly 269.8 fart to , point 1352 feet due North of the oeginnhlg, thence South 1352 feet te the place of begiming. conteining 8.26 acres, wre or less, exc'eat cp�emimg 1081 feet nor" Of a Mint 3.52 chins East of tate Suutlaset corner of the said NortMest puarter of Section 13, thence Nor{Masterlyttoo • MI.t in the North 1,. of the tractaboWe 44 lbM, that is 3911 fast Easterly "o,s the Northeast corner of said tract, thence NorthVesterly 1% feet U a Point that is 211 feet due Milli of a point of beginning, theme Swth to point of heginlfng. Vact to. the puhltc highway off the South and therm/(. The East twlve feet of the South foar h,mr, eighteen feet of the follea,H, described property: Beginning at a point on the Nest 1{A of the Mrthwst Quarter of Section 13, Townshlo 79 North, Rave 6 Vest of the 5th P.M. said Point WLq on the South line of the right -of -pay Of the Chicaip Rock Island and Pacific Railway, theme SonUI 28.19 chains to the canter Of the Gimaington Road; thence East Along said center of said rand 3.52 chains; thence North 28 49 chain. to the Soso line Of the right-of-wy of the Chicago Rack IQapad and Pacific Railway; thence Nest along said right-Pf- vay 3.52 chains to the place of beginning. Except the following described Property beingsol, under contract to John Grassi: Beginning at a point 33.0 feet North and 232.M feet East of the Southwest coroner of the NJL'M Section 13, Toenship 79 North, Range 6 Nest of the 5th P.M.; thence East loo feet along said right -of, Way; theme March 0e5B' East 100 feet; theme Nest 100 Feet; thence South 0"56' Hest IN feet to the Point of beginning, together With an easaeent for ingress am egrses Owr the following descrioed pro,erty: Beginning at a point 33 feet North and 332.32 feet East of the Soutbwst corner of BA of Section 13, Towship 79 North, Range 6 West of the 5th P.M.; theme East 30 feet; thence III O"66' East Im feet; theme West M feet; theme South 0°Si''at 30 feet to the North lire of this ADYNa discrihad 1 Property; theme East SO feet to the Northeast ' corner of the above described property; theme South 0a56' Mast te the point of beginning. I SECTION 11. The Building, Inspector Is hereof au�EFoTttend dirwlM to change the toning sap of ' the City of Ion City, low, to -f.— to this sehoeent upon the final Passage, approval "I l..tion of this oMlneece as Provided" law. IWECTION The City Clerk is hershy aUtMr,,M ' directedSan to canify a Copy of this Omineme te the County Recorder o1 Johnson County, lona, upon li Pe -ems aha "lication as provided oy Lw. , tneal SECTION IV REPEAL . At I ordinenes and parts of ' orwmi. n con act Mfth the provisfon of this oml nonce are, hereof na,ne . ' SECTION V %WE IIITY. If slsection, y prnr a on MG l ori the OrVinamsmall pe ' adjudgedto be Inv.lid or umwscitetipna 1, such .jVd4wian shall wt affect the validity Of the namY Ordle as a hple Or any section, provision Or I Partthereof not adjudged invalid Or unions H- tuti oma 1. . ' TION Y1, EFFECTIVE DATE. This Ordfmmhe e sll 'rr OR 0 effect aftes /T itdl passage, ylp"val a,e glCllcael. as re9ulred by lae. I MUM aha approved this f g7N day of/Ngoovv�een�b2l`Je/1r,,ITaIn, GATT CLOW 7— ' OecHMpgr 1. Im ORDINANCE NO. 82-3090 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY KNOWN AS HILLTOP MOBILE HOME PARK FROM C2 TO RMH. Be it ordained by the City Council of the City of Iowa City, Iowa: SECTION I. That the property described below is hereby reclassified from its present classification of C2 to RMH, and the boundaries of the RMH zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property known as Hilltop Mobile Home Park and legally described in Attachment A, as requested by the City of Iowa City. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law.a A roved Passed and approved this 23rd day of November, 1982 Q. P YOR ATTEST: CITY CLERK tteeeived rr By T/he Legal Department It was moved by Perret , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: / 9/ ATTACHMENT A Beginning at a point on the east line of the public highway known as the Sand Road, which point is located as follows: Commencing at the intersection of the east line of said highway with the north line of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence south 6 degrees 50 minutes east 447.5 feet along the east line of said highway, thence southerly along a 9 degree 26 minute curve with a 606 foot radius concave westerly 269.4 feet along the east line of said highway to the said point of beginning, from thence due east 992.4 feet, thence due south 607.6 feet to the south line of the Nh of the NE% of said Section 22, thence west along said south line to the southwest corner of said Nh of NEh, thence north along the west line of said Nh of NESS to the intersection of said west line with the north line of the south 7 acres of the east 40 acres of Government lot 1 in said Section 22, thence west along said north line to the east line of the said public highway, thence northeasterly along the east line of said public highway to the place of beginning. AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration 10/12/82 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Second consideration 10/26/82 Vote for passage: Ayes: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Date published December 1 1982_ ly3 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CZO STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3090 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of November , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 1st day of December , 19 82 Dated at Iowa City, Iowa, this 13th day of January , 19 83 . MARIAN K. KARR,ACTING CITY CLERK Printers fee scq 4 0 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS•CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hed was published in said paper timelsl)g , on the fol- lq yng dater / /f l CL Cashier Subscribed and sworn to before me this I day ofDVX'-, A. D. 19V) Public No, 1GS 160 Z JUU suV� OFFICIAL PUBLICATION D9DIMAMu MD. ez-ao90 THE USE i MT101 1MF 01DIMYKE lV KWA MG MIF USE WN OF CERTAIN"CZ0 FA. y fNMI AS HILLTOP MOFIL{ MBF Null IM C2 IO NN. Y It nrdM aid by w City Council of ,a city of Iew City, IOMa: SERIOM I. That w PsdmartY a, ipq Mla .rMr� n•(liM he♦ iu persM elwllwtion .new baVndaflm 01 the Mal JOa as IMitatad VPI, w Janina m,I o1 wCity of taw City. Iama, mall a lar9•a to iWIVOO to Veliafty MEMma as M 11top Mobil• mat para am tmi�ikam IoAttathaant A. nN.,md yClr of City. ATTACIMMI A M9inoin at 4 DO'M on [M But line of the public llocatm asn IF lo110V,: Ncoaam nSam � MIM ppinl 13 of w Fast Iii,, Of mi! Mp1,Va9y et w a, north lice of 5attioi U, T.IhI >9 ~u w north II.1 la 5th P.N. , tante mV" 6 1pTU. M�•e{ 6 Mast oI VUI ..It 442.5 iert •I w f 1.14 n19May, p,apte ,outMrly al OnmpM of u0 01-te EOfra Nth a 606 /. fadlu [enrave masterly 2614 Mt *,ON la It IiM of said "F10"my to w mid mIM Of bedi.in9, tr toi w ..It 992.4 lat. lMnaMO„a seuN {0T.6 IML to ''tt soot!, lid of to III Of w 10 Of mid Section IDU, tze ma•t aION mid amEa I,,, to w 5{WthRit WrMr of mid of of W, ta,ce Iprth &I." w Vest Iia of ,•Id 111, Of IFi to EM intarmation oI mid mast Iine NU w north,, Of iiia matli 1 aero of w mat Q Kro, o/ C "FaaM lot 1 In mid Solon 22, maze mast BION mid north IIF b w m,t lint of w mid POlic M9ap., tMaM[M AOrtlr••mrly aIom w mot M^' M Of mid Iiblim w„, I R innlrq. p■ CTIOM 11. Tlla Wilo,” Ineyactor I, Mrepy W of W city off Itas am city, to, fm.^" ir'I asMnd•ot VImo tM fi-I m••aps, approval am pOlimtiM of this Oedin•ze a, pTprldad py I«. CT 111. TMs City Cleft is Mraby aoc,o"" EVE County FRef01 of kohiimoo lounity. 1OF,. opon fi-I m,mK and ppliution as Drovid•dby I«, SECT CM IV. n9EPEALE9. All e,U1Mze, ale 0 MMa, mft5 0l erO a aR M ct rite to Drovi sla al Lois rapt' rapaal M. CTiq, V SEVE9A6S Ih.If fy prorT4il °� Dart oid or O�IMnm 1Mlti�h� aQiud4at b M Ingltd >t validity o s n JWi4tion III not •IIKI w r Itdity o/ w Ord'Mnce ueMaro Male or any section, z Dvi Soon o Mrt wLut1oM1. repf nol adj Yd9ad 'oval td or Yonstif CTI VI. EFFECTIVE DATE. This ONInaMe sill n e K a r nal pasta', approval am MI ImtIM as Ta fad by I«. hsmd as approval thil tam day of Moveear, 198;. ATTEST: December 1, 1982 ORDINANCE NO. 82-3091 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY KNOWN AS BON AIRE MOBILE HOME LODGE FROM C2 TO RMH. Be it ordained by the City Council of the City of Iowa City, Iowa: SECTION I. That the property described below is hereby reclassified from its present classification of C2 to RMH, and the boundaries of the RMH zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property known as Bon Aire Mobile Home Lodge and legally described in Attachment A, as requested by the City of Iowa City. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 23rd day of November, 1982. OR ATTEST: iLtC CITY CLERK Received $ Approved By T Legal Dep rt ent /D , e It was moved by Balmer , and seconded by that the Ordinance as read be adopted and upon roll cal Perret sere were: /9� Beginning commencing 544.11 feet West of the South quarter corner of Section 24, thence West 773.24 feet; thence North 0 degrees 09 minutes 02 seconds West 682.39 feet; thence East 773.24 feet; thence South 0 degrees 09 minutes 02 seconds East 682.39 feet to the place of beginning, containing 12 acres, more or less; subject to easements and restrictions of record, the above being in Township 79 North, Range 6 West of the 5th P.M. and Part of the East Half (Eh) of the Southwest Quarter (SW;) of Section 24 Township 79 North, Range 6 West of the 5th P.M. lying South of U.S. Highway No. 6 excepting the East 25 feet thereof and the North 300 feet thereof, and more particularly described as follows: Commencing at the South Quarter corner of said Section 24; thence on an assumed bearing West 25.00 feet to the point of beginning; thence North 01 degrees 30 minutes 24 seconds East 1322.11 feet to a point 300 feet south of the South right of way line of said U.S. Highway 6; thence Northwesterly on a 5790 foot radius curve concave to the Northeast to a point bearing on a long chord 1393.18 feet North 51 degrees 11 minutes 17 seconds West of the preceding point; thence North 78 degrees 38 minutes 14 seconds West 186.24 feet to a point on the West line of said Ek SWh; thence South 1 degree 30 minutes 22 seconds West 2232.53 feet to a point at the Southwest corner of said Ek S4N4; thence due East on the South section line of said Section 24, 1292.35 feet to the point (except South 1082.39 feet thereof) of beginning. �9� AYES: NAYS: ABSENT: x BALMER x DICKSON ABSTAINED ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 10/12/82 Vote for passage: Ayes: Dickson, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. Abstain: Erdahl. Second consideration 10/26/82 Vote for passage: Ayes: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. Abstain: Erdahl. Date published December 1, 1982 /9d CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr,Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3091 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of November , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the lst day of December , 19 82 . Dated at Iowa City, Iowa, this 13th day of Janua 19 83 MARIAN K. KARR, ACTING CITY CLERK Printers fee $�� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hod, was published in said paper time(s), on the fol- date(s) ol- date(s(: Cashier Subscribed and sworn to before me this --1- day of��. A.D. 19Q� Notary Public rNo. I(o� OFFICIAL PUBLICATION ORDINANCE W. 62-3091 0Rpi1 E AMENDING THE mo; ORDINANCE BY CHANGIIa THE USE REGULATIONS Of CERTAIN PROPERTY ANGR A, BON AIRE MOOILE HONE LOWE F" C2 TO PRI. B• it orUNYp by the City Cowcil of they City of Ivan City. laey: 1ha0 hev, s the property oescribelo�s 1M�j r�[i Mifie6 free its present cl... ificatiOn of C2 to M. AM the boundaries of The Rel tone as toted WAn the senin Asp of the City of low �, low, atoll he enlarged to Ies1Me the OR, anwn As Bon Airc Mobile Mow Lodge aM Ily described in ALGChrent A, as requested by City of listed city. wing cpRaanelrq SM. 11 feet Nest of the south r teres, of Section 24, therce West 113.24 therce North 0 degrees W einutes'02 sewed' It 662.39 feet; thents East 773 24 fee; tnence 0 doge..{ 09 aihu", 02. sec" ME 682.39 to the place or boolmsinq, cohtalnin, 12 Rare a ].as ; subjest I eeaaMmts aM ictforrs of ron. 'they allove help In lgwsnlp _ ,North, Hauge 6 shit of the 5th P.M. ane Pan of the East Half (I%) of the Sou,nwat gwrter (54) of Set". 24 Township 79 North. Rarer 6 east Of the 5th P.N. lyirp South of U.S. Nlyleeyy. An 6 eatapting the East 25 feet thereof and the North 300 feet thereof, M Ran particularly described Tull— Cos�esrcirp at W South Quarter corm, of said Section N: thence anr In aased `raring shat 25.00 feet to the point of epinni"; thence North 01 degrees a,lays N seconds East 1312.11 Mt Ed a point 300 feet aauth of the both right of Ray line of said U.SM . Mlsay 6; Steno Nortlew.terly on 5190 feet radius curve Concave - they Northeast to ape int teen" on a 1af10 chert 1393.16 feet North 51 degrees )l Minutes Ij Mond, West Of the pfecedlno point; theme Ndrlt. 18 fires' M einufts 16 seconds "st 186.24 foot to A point on the rest link Of wfit Its 5%; [hello $put, 1 degree 30 Minutes 22 srcOMs at 2232.53 foot to A point At the Southwat earnerI Said E>♦ AIN: thi nr< due East on the South section line of Mid Section N, 1292.35 fset to the paint (aacept South 1062.39 Ieet Lhareol) of hegieei'. SECTIN 11. The 6uildlrp Inspector is zut rte art di rotted to sMlpe the toniflg %of eachthe City of Iowa y lar, to conf0es to is Wan they /1w1 pwtw approval am publ Ration of this orifi hang as Ofovifd by law. SECTION OIL The City Clerk 11 hereby avE,d,4ee al 5 - to 'fy A copy of this ordinance to ted Count, Recorfr Of Johnsen County. I., loon fink) paaeege art publication aayrov ifd by )w. SECTION IV. P"LER. Al I Ordinances art parts Of onfl nences n cavi ct Nth the provision of this oMl hang are bersty repealed. SECTION V. SEVERABILITY. If any section, Prov iron or pa o the OMinenc. 'holt he adifl0ped L he invalid or urcohatiwtiohal, Ruch ajmita[iee shell rat affect the validity of the OrdShaMe As a MOI. or an, sattlon provision Or parto thereof not edjudpd invalid. or st- tuitiSECTIOw VIEFEEVIVE DATE. This Ordivai sha11 e act A 4r is MI passage, approval art pbolicatlon as ,eeuh.d M len. PA.." AM approved this 13rd day of Novwfr, 1962. ATTEST: December 1, 1982 ORDINANCE NO. 82-3092 AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 17-2; 17-5(i)(1); 17-6(a); 17-6(e); 17-6(f); 17-6(g); 17- 8(i) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to establish minimum exit requirements for all residential dwellings; to provide definitions for rooming houses, Type III dwellings, and rooming units; to provide provisions for shared baths and toilet and access for occupants of Type III dwelling units; to reference the Zoning Ordinance on maximum occupancy permitted in dwellings, and to protect the health, safety and general welfare of the citizens of Iowa City, Iowa. SECTION 2. ESTABLISHMENT. A. Section 17-2 is amended to read as follows: MEANING OF CERTAIN WORDS. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "Type III dwelling unit," or "premises" are used in this chapter they shall be construed as though they were followed by the words "or any part thereof." Whenever the word dwelling unit(s) is used in this chapter it shall include Type III dwelling unit(s). ROOMING HOUSE shall mean any dwelling, or that part of any dwelling, containing one or more rooming unit or Type III dwelling units, in which space is let by the owner or operator to three (3) or more roomers. Occupants of units specifically designated as Type III Dwelling Units within a Rooming House shall be included in the roomer count. ROOMING UNIT shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping. A Rooming Unit shall have bath and toilet facilities available for the exclusive use of the occupant(s) or for communal use in accordance with Section 17-6 and, in addition, Rooming Units may be let with or without communal kitchen and/or communal dining room privileges in accordance with Section -17-6. /97 Ordinance No. 82-3092 Page 2 TYPE III DWELLING UNIT shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking and eating of meals; but does not have a toilet or bath available for the exclusive use of the occupants thereof. Section 17-5(i)(1) is amended to read as follows: (i) EXITS. 1) Every Dwelling Unit and Rooming Unit shall comply with the following exit requirements: a) Single Family Homes shall have access to at least one exit. b) Duplex Structures. Every Dwelling Unit and oRoming Unit within a duplex structure shall have access to at least one exit and shall have not less than two (2) exits on each floor where the floor area exceeds 3000 square feet. c) Multiple Dwellings and Rooming Houses. Every Dwelling Unit and Rooming Unit within a multiple dwelling or rooming house shall have access to two (2) exits. d) Where only one (1) exit is required, it shall be a continuous and unobstructed means of egress which discharges directly or via corridors or stairways, or both, to a publicway. e) Where at least two (2) exits are required, they shall be independent, unobstructed means of egress remote from each other and at least one of which shall discharge directly or via corridors or stairways, or both, to a publicway; if both means of egress are designated to a common corridor, Ordinance No. 82-3092 Page 3 they shall be in opposite directions immediately upon exiting the Dwelling Unit or Rooming Unit except that a common path of travel may be permitted for the first twenty feet; that is, a dead-end corridor may be permitted not to exceed twenty feet in length. f) Basements and floors above the second story shall have not less than two (2) exits except when such floors or basements are used exclusively for the service of the building. Section 17-6 is amended to read as follows: (a) 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 or kitchen of a unit occupied by the owner -operator of the structure). No dwelling, dwelling unit, or rooming unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one (1) sleeping room or Type III dwelling unit can be had only by going through another sleeping room or Type III dwelling unit; nor shall room arrangements be such that access to a sleeping room or Type III dwelling unit can be had only by going through another sleeping room or Type III dwelling unit. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hallway, basement, cellar, or to the exterior of the dwelling unit or rooming unit. (e) TOILETS AND LAVATORY BASINS. At least one toilet and one lavatory basin shall be supplied for each eight (8) persons or fraction thereof residing within a dwelling containing a rooming unit or units and/or Type III dwelling unit or units, including members of the / 99 Ordinance No. 82-3092 Page 4 operator's family whenever they share the said facilities, provided that in a rooming house or where rooms or Type III dwelling units are let only to males, flush urinals may be substituted for not more than one-half (k) of the number of required toilets. (f) BATHS. At least one bath shall be supplied for each eight (8) persons or fraction thereof residing within a dwelling containing a rooming unit or units and/or Type III dwelling unit or units; including members of the operator's family whenever they share the use of said facilities. (g) LOCATION OF COMMUNAL TOILETS AND BATHS. Communal toilets and baths shall be located on the same floor or the floor immediately above or below the rooming unit or Type III dwelling unit. D. Section 17-8(i) is amended to read as follows: (i) OCCUPANCY CONTROL. No person shall allow the occupancy of any dwelling unit or rooming unit within which he/she resides to exceed the number of persons listed on the rental permit. A dwelling unit shall not be occupied by a number of persons greater than that allowed by the Zoning Ordinance. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. 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 unconsti- tutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. O Ordinance No. 82-3092 Page 5 Passed and approved this 23rd day of November, 1982. LQ I,bQ..lr IAYO R ATTEST: CITY CLERK aO/ It was moved by Balmer , and seconded by Lynch , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 10/26/82 Vote for passage: yes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Second consideration 11/9/82 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Erdhal, Lynch. Date published December 1, 1982 Received & Approved By Th. Legal D^ artmenf —AOJV� L �OoZ CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA- IOWA CITY, IOWA 52240 CITY (319) 356-5000 I, Marian K. Karr, Actina City Clerk of the. City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3092 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of November , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 1st day of December , 19 82 Dated at Iowa City, Iowa, this 13th day of January , 19 83 MARIAN K. KARR,ACTING CITY CLERK l� Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson CountyIss: THE IOWA CITY PRESS -CITIZEN 1, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(,(, on the fol - 1 gdate(s).J LZIO n Cashier Subscribed and sworn to before me this -9- day ofle� , A.D. 11 v! Notary Public Ll iIAYlMIiq OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE N0. 82-3092 All ORDINANCE TO MEND CHAPTER 1), SECTIONS 17-2; 17-5(i)(1); 17-6(a); 17-6(e); 17-6(f); 17-6(g); 17- 8(1) OF THE CODE OF OROINARCES ,01Y THE CITY OF INA CITY, ]011e. SECTION 1. PURPOSE. The purpose of thi;ordinance ' s es m cern au wait rechiraants for all `rmidentia) dwellings, to provide definitions for rowing houses, Type III Mellie,s, and rowing ..,wits; to provide provisions for shared baths and - toilet and access for occupants of Type 111 Welling units; to reference the Zoning Ordinance I on Review occupancy peritted in Wellings, and to protect the health, safety and general welfare of the citilens of Iowa City, low. SECTION 2. ESTABLI SNIENT. A. Section 17-2 is aranded to read as follows REARING OF CERTAIN MOWS. whenever the words ""Welling," °Welling unit," "rowing house," ruing unit," "Type III dwelling Unit," or "praises" are used in this chapter they shall be construed as though they pare followed by the words "or any part thereof." whenever the word dualling unit(s) is used in this chapter it shall include Type III dwelling unit(s). ANDREW HOUSE shall elan any dwelling, or that part of any dwelling? containing on or acre reading unit or Type III dolling units, i which space is let by the owner or operator W three (3) or Rare rowers. Occupants of units Specifically designated as Type III Polling 'unite within a Rowing House shall pe included in the rower count. ROOMING UNIT shall wan any habitable row or group of adjoining hWitable rows located wrthis a dwelling and forLg a single unit with facilities which are used, or intended to he used, primarily for living and sleeping. A Running Unit shall Mve bath ane toilet facilities available for the exclusive use of the ouupant(s) or for cowuial use in accordence with Section 17-6 IM, in addition, Rooming Units may M let with or without o .] kitchen and/or c..I dining row privilegms in accordance with Section 17-6. TYPE III DNELLING UNIT shall wan any habitable now or group of adjoining habitable roods located within a Willing and foxing a single unit with facilities which are used or Intended W be used for living, sleeping. cooking and eating of meals; but dooc Mt have a toilet or Mtn available for�the exclusive use of the occupants thereof. S. Section 17-5(1)(1) is manded to read as ml lows: (i) EMITS 1) Every Dwelling Unit and Rowing Unit ,Mil coyly with the following exit mouiresents. a) Si Mle Fa II lv Noss shol have access te ai leastom exitR b) Du 11 a. Structures. Eery Nelli g If tl and_& ngUnit IMP a s duplex structure hall he a access to at least one exit and shall have not less than two (2) exits on each floor wham the floor are exceeds MOO square feet. ' c) Rulti le Pullin ss ane AooxnIn Every Dwelling PIT F.ang AaaaTng Unit within a wltiple dwelling or rooving Muse shall have access to two (2) exits. e d) MMm pal r one (1) exit is required, it shell M a continuous and uMbstructed worm of egress which of scMngm directly or via corridors per stairways, or both, to a publiway. e) WNm at least two (2) exits am required, they shall be independent unobstructed Beans of grass .& frue each other AM At least one of which shall discharge directly., or via corridors or stairways, or both to a pub l)way, if both exams of egress am designated to a codon corridor, they shall be in deposits directions iiaediately upon exiting the i Dwelling Unit or Rowing unit exppt that a semen path at travel yy M paritted for the first twenty %X; that is, a dead-end corridor way, be Parttted not to exceed twenty feet in length. - :: f) cand floove,. LM second d s story floors Moshall have het M[sh than two (2) exits except r when wed floors or bacthenSe are wed exclusively for the servip e/ the, building. „y y Section 17-6 is mended to read as follpgY,Ts (a) DIRECT ACCESS. &case W each,"j,ili g unit or roaming unit shall not *equip first entering any other dwelling unit or roaxinp unit (except -that access to rosea ngunits wry M through a living row or ki tclon of a unit oocyied Wthe owner -operator of the structure). M Wallinggdwelling elling unit, or rowing Unit containing two (2) or ore sleeping rows shall have such roar arrangements` that access to a bathroom per water closet coagarteent intended for use by occyants of more than one (1) sleeping row or Tye III Welling unit can be had only by going tbrov,h another sleeping row or Typa IIIBelling unit; nor shalltryw arrangements M I that acm 5 io a sleeping roe or TWO III Wel I 1.hiI on be beonly by wing through another 'Ier I. row or Typa III Welling unit. A bathraw or water closet coyarrent , shal l hot Mused as the only Passageway to any habitable rope, hallway, bomeent, cellar, or to - the exterior of the Willing unit or rowing unit... ;p (e) TOILETS AND LAVATORY BASINS. et(st one toilet ane ow lavatory MSMp*eit be supplied for each eight (8) paY or fraction thereof residing rithtt(. a Welling containing a rowing un1'%or units aM/or Type III dwelling unie-or units, including whether, of T.he operator's fatly whenever they :•har!'th, said facilities, provided that in a reading house or where rows or Type III Welling units are let only to toles. flush seri Mls Gey M substiWtsd /or. rot pare than or -half (it) of the Huber of reguired toilets. (f). BATHS. At least one bath-eball"r M supplied for each eight (8) orson5'or fraction thereof residing withiry: a "dwelling containing a rowing unit o units and/or Type III dwelling unit or units; including angers of '.the operator's fatly whenever they sUm ted use of said facilities. (g) LOCATION OF COMMIWC TOILETS ARU BATHS. Coaunal toilets ane baths shall' M located on the sae floor or 21m, floor iaodiately above or below the rosing unit or Type III dwelling unit. III. Section 17-8(i) is wended to read as follgF. g(i) OCCUPANCY CONTROL. No'parshe shall al ice the occupancy of any dolling wjp or rowing unit within which he/ be ftefdes ' to exceed the nwMr of parsons,}1a1RR on the rental pewit. A Welling unit tNYell net be occupied by a however d/ pagans greater than that allowed by the �aning Ordinance. - SECTION 3. REPEALER. All ordinenws and" a or 1wMe5 n con Tct with the provisiaq.R}IIIY1s ordinance an hereby repealed. ♦' d SECTION4. SEVERABILITY. If any s�tyn proYls Ono or Pr the Ord! aNPI'^6e adjudged to M invalid or unconstitutional, ouch adjydi cation shall not affect the ed valicifty o1 t nonce as a whole or any section, pronaionl or part thereof set adjudged invalid or uncensti- tutional. SECTION 5. EFFECTIVE DATE. This OMin.. afkll n e N a ter a MI passage, app t.14nd publication as required by law. Passed and approved this 23rd day sof Nd axiM',>2. rt ATTEST: '+ December 1: sib2 if ORDINANCE NO. 82-3093 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE OF ORDINANCES OF IOWA CITY TO ADD SECTION 8.10.8.2, RESIDENTIAL NEIGHBORHOOD CONSERVATION ZONE - 20. SECTION 1. PURPOSE. The purpose of this amendment of the Zoning. Ordinance is to create a zone which preserves the character of existing medium density neighborhoods and prevents existing multi -family uses from becoming non -conforming. SECTION 2. AMENDMENT. The Zoning Ordinance of the Code of Ordinances is amended by adding the following: 8.10.8.2 RNC -20 Residential Neighborhood Conservation Zone. (a) Intent. It is the purpose of this zone to preserve the character of existing neighborhoods and is designed to prevent existing multi -family uses within the neighborhood from becoming nonconforming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses. (1) Single-family dwellings. (2) Two-family dwellings. (3) Multi -family dwellings. (4) Family care facilities. (5) Churches. (6) Nurseries, pre -kindergartens, kindergartens, and other private or special schools where at least 100 square feet of open play space is provided for each child enrolled. (7) Group care facilities. (c) Provisional uses. (1) Rooming houses, fraternity and sorority houses, provided that 1800 square feet of lot area is provided for each 330 square feet of total floor area. ..703 Ordinance No. 82-3093 Page 2 (2) Dwellings with a maximum of two (2) roomers in each dwelling unit provided that for single-family dwellings one (1) additional off- street parking space per roomer shall be furnished. (e) Dimensional requirements. (1) Minimum lot area: 7200 square feet. (2) Minimum lot area per unit: 1800 square feet. (3) Minimum lot width: 60 feet. (4) Minimum lot frontage: 35 feet. (5) Minimum yards Front - 20 feet Side - 5 feet for the first two stories plus two feet for each additional story Rear - 25 feet. (f) Maximum building bulk: Height - 35 feet Building coverage - none Floor area ratio - none (g) Special provisions. (1) All uses or buildings which were conforming prior to the adoption of this ordinance shall be construed to be conforming under the terms of this ordinance. Any building containing a conforming use may be torn down and rebuilt provided it does not exceed its present density or the density of this zone, whichever is greater, and is in conformance with all other provisions of this ordinance. (2) Any conforming building containing a conforming use which has been - destroyed or damaged by fire, explosion, act of God or a public enemy to the extent of fifty (50) percent or more of its assessed value may be rebuilt to its present state. ao Ordinance No. 82-3093 Page 3 SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall be in effect after'its final passage, approval and publication as required by law. Passed and approved this 13th day of December, 1982. V V I.O-.W C. Yl l l l Y t (11 1�� Pi1 M OR ATTEST: CITY CLERK "�'D 5-- 1 nance No. 82-3093 1 4 It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER _ x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER _x PERRET First consideration xxxxxxxxxxxxxxxx Vote for passage: Second considerationxxxxxxxxxxxxxxxx Vote for passage: Date published 12/22/82 Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspend- ed, the first and second consideration and vote be waived and the ordinance be voted upon for final pass- age at this time. Ayes: Erdahl, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Lynch. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA F*9 JOHNSON COUNTY I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3093 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 22nd day of December , 19 82 . Dated at Iowa City, Iowa, this 13th day of Januar 1983 %�'/2u�J 7F • a� MARIAN K. KARR,ACTING CITY CLERK Printers fee $�),Dp CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper timels), on the fol - $$Ing datels): %-a, - y A_�e_t —a .1 /&Q - Cashier Subscribed and sworn to before me this day of��, A.D. V Notary Public JUU SUNY OFFICIAL PUBLICATION ORDINANCE W 82-1093 ORDINANCE AHEHOING THE ZONING ORDINANCE Of INE MOE Of ORDINANCES OF INA CITY TO AN ACTION 8.10.8.2, RESIDENTIAL NEIGHANHOOO CONSERVATION ZONE - 20. sECTI0N 1 "POSE That purbove of this aeeneeelK o M on rp nande Is be creat, a ton which preserves this cMral", o1 unsling eedoal dwlsity, nighborhoods and prevents existing holt$-feeily uses fru bal"In non-cooforoino. SECTip1 2. ARXDM O. The Zoning OMInah a of the CoveR narNes is arnOaC DY addilq LM it 11oving: 8.10.8.2 RNC -2O Residential MigMorhool ConservaUOn Zan. (a) 3nlant. It Is the purpoae of this ton j preserve the thiractev.of heisting nlphMrhooda and is designed t0 prevent .eeNtinp wItl-fray Cops Within the II .ref. ooa fonv Mceefn all o lOrlinq. Conversions nd t evelopeent eee Occur req to the Mnl(ty �- p iOld in this ton. (1) SSin01e-foeily Peel lungs. A 4al-tailY dallltngs. (d�yllglti-feeilY dualling'. (aafa�ly care facilities. (5)CMrches. (6) Nurseries, pre-ki Mergartans, 11Merpartenl, aM other private or seecial schools where at loose IN sgnrc feet of opeb play spate is Provided for each child enrol led. �{- (l) Grow care facilities. (c) provisional uses. (1)_Idaing houses„-JnternitY and eeroriMro tY uses, pvided that 1800 square feet of lot area is provided for each 330 squam feet of total floor area. (2) gall i loge with a Meieee a. w (2) roowro in each dwalling unit provided that for single-(aeily deellings one (1) additional Off. -„_ street parking space per r.r Imo. (Mil be furnlalled. �1 1T. -(e) Oinns loMl rcoul relents, ,. (1) Minieue lot area: 72N square feet.ll i_ a„N (2) Mini. IgD, .106 per unit: 1000 solaria feet ;4%0 (3) Ninieu lot wi(N0: -60 feet. (.j (e) Mini. lot fanplage: 35 Net g (5) N,niwa Yards F unt - 20 feet _ side - 5 feet for the, first the stories plus two feet for each additional story a{r, I Muff - 25 feet. sa f) Iluler0uildirq hulk: _ p Might - 35 feet Fl c®�r ooding os - foder area ratio - Mnona QO) e Solt i al .Provisions. :. (I) Al onforaiwhich nopr prior too Of adWlloneOf this ordinance spall M construed to M confoning under the teres of this ordinance. Any building canulninP a conrnninp me my M torn down and rebuilt provided it ` does nal eacNd its present density or the density Of this non. whichever , greater, aha Is In -` anfmYnce with all other ;Q. provisions of Nis ordinance. f� (2) Any confmnmg buildiy containing a conf.milg use which Mee s then destroyed or Pillaged by fire, 1 eaplosion, act of Cad or a public essy to toe extent of fifty (50) geRent ar eon Of. its asseefad value hay M rebuilt to its preaeet state. SE Oil O. REPEALER. All ordi Mnces AM part, of d lipaces n con it with toe provision of Of. OrIItMIKe are hereby repealfd. a. SEVERABILITY. If any 'action, prmis in t or the Ordinance 'MIT M adjudged! to M invalid or unonstitutionA, aKA a.iloflcetlon shall ret affect the validity of {M 0 nance as a Mole or any section, provision ee "it" thereof Out adjudged invalid ee unc0f5litutoonal. &g* S. El;l [11VF DATE. TMs OMnaac ie spall �a ec/i—C a s I passage, approval Ytl pee( aticn as reeuirad by lay. c ,iii Passed and approved this 13th day of Decuher, 1912, s.l r¢¢aa� (/'p®=LLte al��'IAeltlnf.ep.t Ail# yGypft QQ.. `: �' tl December 22. 1"2 ORDINANCE NO. 82-3094 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 1411 WATERFRONT DRIVE FROM M2 TO C2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. 'That the property described below is hereby reclassified from its present classification of M2 to C2, and the boundaries of the C2 zone as indicated upon the zoning map of the City of Iowa City, Iowa; shall be enlarged to include the property located at 1411 Waterfront Drive, which is legally described as follows: Lots 3, 4 and the easterly 31.00 feet of Lot 5 of Southgate Addition, Part 1, in Iowa City, Iowa, and; Two adjacent tracts of land in Section 15, Township 79 North, Range 6 of the Fifth Principal Meridian, in Iowa City, Iowa. Tract 1 All of Lot Five (5) in Part I Southgate Addition to the City of Iowa City, Iowa, except the easterly 31 feet thereof and except beginning at the NW corner of Lot Five (5) in Part I Southgate Addition to the City of Iowa City, Iowa; thence S 78027'00" E, 59.66 feet; thence southwesterly 9.26 feet along a 914.55 foot radius curve concave northwesterly and whose 9.26 foot chord bear S 37040'13" W, thence S 37°57'38" W, 6.44 feet; thence southwesterly 137.73 feet along a 1015.83 foot radius curve concave southeasterly and whose 137.63 foot chord bears S 34°04'34" W. to the westerly line of Lot Five (5); thence N 11033'00" E, 141.21 feet along the westerly line of Lot Five (5) to the point of beginning. Tract 2 Beginning at the southwest corner of Lot Five (5) of Part I Southgate Addition to the City of Iowa City, Iowa; thence S 89°58'49" W, 6.63 feet to the Gilbert Street right-of-way; thence northeasterly 20.96 feet 'along a 1015.83 foot radius curve concave southeasterly to a point on the west line of X07 said .Lot Five (5) that lies N 29°36'08" E, 20.96 feet of the last described point; thence S 11033'00" W, 18.60 feet to the point of beginning. The above two tracts contain 6673 square feet more or less. As requested by Cedar River Pasta Company, Inc. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law: . SECTION III. The City Clerk is hereby authorized and dto certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 13th day of December, 1982. Received & Approved By The legal Department MIr It was moved by Balmer , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 12/7/82 Vote for passage:Ayes: McDonald, Neuhauser, Dickson, Erdahl. Nays: None. Absent: Balmer, Lynch, Perret. Second consideration xxxxxxxxxxxxxxxxx Vote for passage: Date published 12/2 Moved by Balmer, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: Lynch. CITY OF IOWA CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3094 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 22nd day of December , 19 82 Dated at Iowa City, Iowa, this 13th day of January , 19 83 . MARIAN K. KARR, ACTING CITY CLERK Printers fee $� � CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att hed was published in said paper time(s), on the fol - 1 Ing date(s): Subscribed and sworn to before me this day of_QQC—, A.D. Notary No.�� •. juusurr��nR OFFICIAL PUBLICATION ORDINANCE M. 82-3094 OgDINANCE AMENDING TME ZONING ORDINANCE BT ONANGING THE USE REGULATIONS OF CERTAIN PROPERTY,. LOCATEO AT 1411 MTERFRONT DRIVE FROM NZ TO C2, 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IUYA CITY, IOWA: . SECTION L That the DropertY descrihed F retlasSMRSJ fres its preM1ov is xnt clersi ficatian of N2 W C2, Rod the bmma,i. o/ the C2 son as indicated upon the toning Nap of the City of Imre City. Iow, FM 11 M enlarged to inclu,, the DrapeI located at 1411 Waterfront Drive, Mich is legally dascrited as follow: Lots 3, 4 and the easterly 31.00 feet of Lot 5 Iaw, bf Southgate Addition, Part 1, in Iona City, aha; Tee "Jacent tracts of land in Section 15, Tevnship 39 North, Range 6 o/ the F(ftA Principar Meridian, in lora City. Iowa. Tract 1 All of Let Five (5) in.Part I Southgate Addition W the City of taw City. Iow. except the eaaterly 31 feet thereof aha incept beginning at the M corer of Lo[ Five (5) in Dart f Southgate Addition G the City of lova Y. lava; theme 5 38-271004" E, 59.66 feet; thence s06tbsterly 9.26 fae� Ion, a 914.55 feet radios Curve concave tpf[Ayster, aha whose 9.26 foot choM hear $ 3)°40'13" V, thence S 3PSZ'38" V, 6.a /as[; [Noce mdi.h ..me 133.13 is eu almg a 101x5.83 feet radius curve weave o thmlcxny nd en... 131.63 tut Chord bears S 1°0411" V to the aesterly ^ bin o/ Lot Five (5); thence N lin 11°33'00 E, 141.21 feet a)on, the wsterly e of Lot .Five (5) W the point of beginning. Tract 2 Beginning at LM southws[ corhef bf Lot live (5) pV part I S�uthga a Addition to the Cfty, feet low Cit Y. lour thence S 89°58'49" V, 6.63 feet to ehe Gilbert Strait .right -0L.,; I.cote hertz' 20.96 feet along a 1O15.e3 foot radius curve suthe4sterly to a point on the vest Iconcave one of said Let Five (5) that lies N 29°36'08• E, M 191 feet ft he last descri Did pnin[; theme 'beginnl)g. ' 18'60 feet W Me point of The ame, tea tracts contain 6633 a x m fast eem .nese. As moue -ted by Cedar River Paste CUFpa* Inc SECTION 11. The Building Inspector is hereby out nse and directed te change the Ipning NNV of use City of low City. Inw, te conform W this nMeme upon'the final Passage, aPprnvdl and puelkat,on pf this omfname as provided by leu. SECTION ill. The 04 Clerk is hereby authorised arto the Countye Rkcordert off J Hnaaono[ Counf this ty, I., u, final passage and publication as provkadby lar. SECTION IV. REPEALER. All prdfnances aha parts of Or names n ten Mt Nth the Provision of this ordimme aro hereby epasled, SECTION V. SEVERABILITY. p any section, pro v)s o or Da o [he ON finance shall M adludihadn0 he invalid or unconstitutional, such aludication SM)j me affect the vac ldlty of the Ordinance as A Mille gr any aettion, provision ur I Part thereof not adjudged invalid or unconsti- tutional: SECTION VI. EFFECTIVE DATE. This Ordinance snail n e ec a ter nal pulp)kation a e9uired by IRe. Guar!„aproval ane Passed and approva4 this fill day of Oecemcer, 1982. ATTEST: December 22, 1992 ORDINANCE NO'. 82-3095 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATION OF CERTAIN PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF ROCHESTER AVENUE AND AMHURST STREET FROM RIA TO RIB. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described below is hereby reclassified from its present classification of R1A to RIB, and the boundaries of the RIB zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include certain property located in the southwest quadrant of the intersection of Rochester Avenue and Amhurst Street, and which is legally described as follows: Commencing at the Northeast corner of Section 12, T 79N, 6W of the 5th Principal Meridian; Thence S 01°40'38" W (assumed bearing), 957.79 feet on the East line of the Northeast Quarter of said Section 12 to the centerline of Rochester Avenue; Thence S 70°52'26" W, 1215.50 feet along said centerline to the Point of Beginning of the tract herein described, said point being on the Westerly Right-of-way of Amhurst Street extended; Thence S 19°09'36" E, 109.34 feet along said Westerly Right-of-way extended and said Westerly Right -of -Way; Thence Southerly 220.12 feet on a 300.66 foot radius curve concave Westerly, and whose 215.23 foot chord bears S 01048'49" W; Thence S 22'47'14" W, 48.93 feet along said Westerly Right -of -Way to the centerline of Lower West Branch Road; Thence Northwesterly 174.44 feet on a 727.50 foot radius curve concave Southerly and whose 174.03 foot chord bears N 73°59'05" W; Thence N 00'27'00" W, 260.30 feet along an existing fence line and fence line extended to the centerline of Rochester Avenue; Thence N 70'52'26" E, 168.50 feet along said centerline to the Point of Beginning. Said Tract contains 1.40 acres and is in accordance with the records of Johnson County, Iowa. As requested by Robert Lumpa. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage and approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 13th day of December, 1982. U ✓ 1ALU n MA R ATTEST: 1 Wk CITY CLERK Reeeived & Approved By The Legal Department It was moved -Balmer , and se led by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 11/23/82 Vote for passage: yes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Absent: None. Second consideration 12/7/82 Vote for passage: Ayes: McDonald, Neuhauser, Dickson, Erdahl. Nays: None. Absent: Balmer, Lynch, Perret. Date published 12/22/82 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3095 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the22nd day of December , 19 82 . Dated at Iowa City, Iowa, this 13th day of January , 19 83 . 7l��uen,J 7r • i��.J MARIAN K. KARR,ACTING CITY CLERK Printers fee $� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper tlD> Y D time(s), on the fol - ng date(s): moo, r�e,�9� Cashier r ibeddand s rn to before me day of A. D. Notary Public No "' ty wusurwaElt ri OFFICIAL PUBLICATION OR0IHRMCE Np. 6_1091 ORDEM4KE M4NOIOG THE Z(MIIY6 ONOI4bRC3 BY CHARGIN4 THE USE REGUTAiIdI OF CERTAIN NgRN1Y IDCATED IM INE SCUTHHEST g40UJ1T OF THE INTERSECTION OF ROCHESTER AVENUE MO ~ST STREET FROM RIA TO RIB, BE IT ORMIHFD 6Y ME CITY CgMCIL Of THE CITY OF INA CITY, IM: SECTION 1, That the pwp.etY ascii Md Mloa Is a,,,.py ,-tlasalflW f— It. grin fan. tl Gaal llu[1on of RIA t0 RIB. •M the DuuMarlo O1 the R16 [OMas Imitating don tM .-IN . of . Cl" of I - City. Iwa, ..IT M enl•,Rm to l -,u. ur4in ,,,O,R,ty tmeted In Ube southeast dusdreet of t. IMersectlon Of NocMvenu ster Alf—she am Nn.'It Slttet, em.nlcn is legally as—ited as f.11—. CnAMa.the1p at tMrtneast c of Section 12, T .. ee of ln. Stn prlrclpal wrldlin. Theme s Ol,ed,M Y (.,.. oee,lry), 957.n Iwl LM East o na of the Mdf S%&st Quarter of Said SaCtRn 12 Eo tM t<ht.,If. of Adobes., Avan., i S ]0'52'26" M, 1215.50 heel along aald can.111ne . CHIshim o1 aigi.lh, of The tMct .Min described. said point .1, on W 1Ysurl, Right .1-asay of Nnul.t Street n.nded: TMrce 5 1rM M' E. 109_lA feet along said NastarlY Rtpnt-of-wY eat.. am said Ws.r1Y Rlpnt-of-YaM yi Tnca SduM trlN o.12 feet on • 300.66 root ramie curiac ncay. Masterly, M and imse 216.23 foot cnom arso5 01.411 N: iMnu 5 U.." W ,,, . 93 feet Rion, aald ye.rly A1gnt-ol-WY . tM un.r11. of Lose, YesClMmn Road: I.hce NortMeste,ly ITA.. feet on ✓727.50 feet radIS1 t e SoutMrlY •m .. 171.03 foot chard heart IF EEe59'W N; Theme N 00@7101" N. 260.M feet along An evbtbq ..e II. Beal Il. extended . w cen.n. l 01 ROCM.b'`ewa: Ths— N p °SMRs E. IM SO feet .1.4 said marone to LM Point of Beginning Said Iract ceonwns I 4 x and Is In accordance dm I'd c feOra of Johnson County. low. As .quested by l o e rt EugR. SECTIM II. The BJ04ding In.,., A. hereby uthorized and rah. . chan,e the :—$M � of the City of Ima C,,. Iwa, o this yemaent upon the final passage and appfoval and did"tauon Or .1. dmmenae as pralded by Irv. SECTIM III. The City Clara Is hr- y sUsholised am d1,odtm . tartlfy a Copy a1 Chit omlM.e . the County Most.., o1 JRb,dh County, I., Upon oral passage am pubuutlon .1 proal Md by I— Sf I,lV. RIMI11 . A1I o,11 names a. pats o1 d�dT;;; s CM�licl .II. the proViflM.1 this omlhance a. Mrab, feRe•l.. SECTICH V SFVEIItlIL[lY. If Any Y—tIM. R,ovlsion r partid h d t. 1MMa fMll . •dJ Wged "' M valor unCO.<I<Ut16M1, stash ajW10Rt1M bad rot affect The r•lldi, of I. 01m Mnce aYlarmis or A, section, govlsla o1 dart .ereof not agJudged I mal I or um.s ti too A.1. sECTIM VI. EFFECTIVE MlF� III, Omi Mote Mel he In .11«t anter s Peas.., apnapeM), and pdpilM.dn of requi,�g epi. . Vass. am aper—d this 0131h ay of Odle tt1.. 1992 �Ikm 01 ATTEST. Z2(L 4e CITYt RR December 22, 1982 ORDINANCE NO. 82-3096 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF IOWA CITY TO REZONE PORTIONS OF THE AREA KNOWN AS THE COLLEGE HILL/SOUTH DODGE STREET MORATORIUM AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described below and shown on Exhibit A is hereby classified as R2: An area beginning at a point at the intersec- tion of Burlington and Summit Streets proceed- ing East along Burlington Street to the East lot line of Lot 2 Kauffman's Addition, thence South along the East lot line of Lot 2 approximately 100 feet to a point on the east lot line of Lot 2, thence due West to Summit Street, thence North along Summit Street to the point of beginning; and, An Area beginning at a point at the intersec- tion of College Street and Summit Street proceeding East along College Street to the West lot line of Lot 2 J. & J. W. Clark's Addition, thence North along the West lot line of Lot 2 J. and J. W. Clark's Addition to the alley, thence East along the alley to a point on a line marking the west 35 feet of Lot 3 J. & J. W. Clark's Addition, thence south along said line to College Street, thence west to the point of beginning; and, An area beginning at a point at the intersec- tion of Iowa Avenue and Muscatine Avenue, thence north to a point which marks the north boundary of the south 140 feet of Lot 13 S. M. Clark's Addition, thence due east on a line marking the north boundary of the south 140 feet of Lots 12 and 13 S. M. Clark's Addition to a point on a line which is the west 10 feet of Lot 11 S. M. Clark's Addition, thence south to a point on a line which is the west 10 feet of Lot 2 S. M. Clark's Addition, thence south to Muscatine Avenue, thence North on Muscatine Avenue to the point of beginning. that the property described below and shown on Exhibit A is hereby classified as R3: An area begininng at a tion of Dodge Street proceeding East along point at the intersec- and Washington Street Washington Street to a nance No. 82-3096 rcyc 2 point along the lot line between Lot 5 and 6 Block 20 Original Town, thence North to the alley, thence East along the alley to a point on the lot line between Lot 7 and 8 Block 20 Original Town, thence South to Washington Street, thence East along Washington Street to Lucas Street, thence South on Lucas Street to the east -west alley in Block 22 Original Town, thence West along the alley to Johnson Street, thence North to College Street, thence West along College Street to a point on the West lot line of Lot 8 Block 41 Original Town, thence North to the alley, thence East along the alley to Johnson Street, thence North to Washington Street, thence East to the point of beginning; and, An area beginning at a point at the intersec- tion of Governor Street and Iowa Avenue proceeding East approximately 160 feet to a point on the centerline of Iowa Avenue, thence South to Washington Street, thence West to Governor Street, thence North to the point of beginning; and, An area beginning at a point at the intersec- tion of Summit Street and Washington• Street - proceeding North along the West boundary of Boulevard Terrace to Iowa Avenue, thence East along Iowa Avenue to Muscatine Avenue, thence southerly on Muscatine Avenue to Washington Street, thence West to the point of beginning; and, An area beginning at a point at the intersec- tion of Dodge and Bowery Street proceeding West to the north -south alley in Block 7 Lyon's Second Addition, thence North to the north lot line of Lot 5 Lyon's Second Addition, thence East to Dodge Street, thence North to Court Street, thence East approximately 160 feet along the east -west alley of Out Lot 28 Original Town to the north -south alley, thence South along the alley to Bowery Street, thence West to the point of beginning, excepting a lot beginning 100 feet North of the Northwest corner of lot 24 Oak Hill Addition, thence east 159 feet, north 60 feet, west 159 feet, and south 60 feet to the point of beginning. that the property described below and shown on Exhibit A is hereby classified as RNC -20: nance No.82-3096 .yam 3 An area beginning at a point at the intersec- tion of Jefferson Street and Johnson Street proceeding East along Jefferson Street to Lucas Street, thence South to Iowa Avenue, thence East on Iowa Avenue to the east bank of Ralston Creek, thence along Ralston Creek to Evans St., thence easterly along the northern boundary of S. M. Clark's Addition to a point on a line which is the west 10 feet of Lot 11 S. M. Clark's Addition, thence South to a point which is the north boundary of the south 140 feet of Lot 11 S. M. Clark's Addition, thence due West to Evans Street, thence south to Iowa Avenue, thence West to a point on the west boundary of Boulevard Terrace, thence South to the intersection of Washington Street and Summit Street, thence east on Washington Street to the east lot line of Lot 3 Fry's Subdivision, thence south along the east lot line of Lot 3 Fry's Subdivision to the alley, thence west along the alley to the east lot line of Lot 1 J. & J. W. Clark's Addition, thence south along the east lot line of Lot 1 J. & J. W. Clark's Addition to College Street, thence east on College Street to the east lot line of Lot 9 J. & J. W. Clark's Addition, thence south along the east lot line of Lot 9 approximately 167 feet to the south lot line of Lot 9 J. & J. W. Clark's Addition, thence due west to Summit Street, thence South on Summit Street to Burlington St., thence south approximately 190 feet on Summit to a point on the centerline of Summit Street, thence Westerly through Out Lot 1, 29 and 28 Original Town on an irregular line as shown on the Iowa City Zoning Map to the north -south alley of Out Lot 28 Original Town, thence south along the north -south alley to the east -west alley of Out Lot 28, thence west along the alley to Dodge Street, thence west along Court Street to Johnson Street, thence north along Johnson Street to Burlington Street, thence west along Burlington Street to the west lot line of Lot 7 Block 42 Original Town, thence north along the west lot lines of Lot 7 and Lot 2 Block 42 and Lot 6 Block 41 Original Town to the alley, thence east on the alley to the east lot line of Lot 7 Block 41 Original Town, thence south to College Street, thence east on College Street to Johnson Street, thence south on Johnson Street to the east -west alley in Block 23 Original Town, thence along said alley through Block 23 and 22 Original Town to Lucas Street, thence north on Lucas Street to ,V/5- nance No. 82-3096 4 Washington Street, thence East on Washington Street to Governor St., thence east approximately 160 feet to a point on the centerline of Washington Street, thence due North to Iowa Avenue, thence West to Governor Street, thence South to Washington Street, thence West on Washington Street to a point on the west lot line of Lot 8 Block 20 Original Town, thence North to the alley, thence West along the alley to a point on the lot line between Lots 5 and 6 Block 20 Original Town, thence South to Washington Street, thence West to Johnson Street, thence North on Johnson Street to the point of beginning, all is located in the City of Iowa City, Johnson County, Iowa. SECTION 2. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION 3. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION 4. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 13th day of December, 1982. -I LQ1 U C. L_l)y111 DA MAFR ATTEST: CITY CLERK inance No. 82-3096 .,yd 6 It was moved by Perret , and seconded by McDonald , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration 11/23/82 Vote for passage: Date published 12/22/82 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived. Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: None. Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be given. Ayes: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: None. Received & Approved BY Trio LeOal Departm•:nt a1Z i 0 VE — � _– ___ji i�1y�❑� 1 IL .❑ILII❑ _ _ _ _� - _ _- - � ❑ . � -- _- --�_ ❑��I I IIlI�I-� 1 1� _ Y3104 m ❑ 7E ro.v;;».1 N£21 p is 'n _ d lI f II1X3 J ..- - Z -- ❑ L_ _ OZ 0 m �;.:.;j . 0 ❑_ --- 1S -I- - Ed _ D Z8/5I/II� � 41 L1rI ZH � .uolgepuaelWoaaB 1 C jift _�_I Itounoj S;jj j 1S_ _ NOIONI�6nu 1S NOLONI-INC co z Lill 1 u 3J3 I lOJ o 1S Z m❑ -- 9 1 [-r l llIf. �• m ❑ 11:l_ FIR -- his Ml_w 5,aI7t ::....:� ki.Hsv�' _ '�:7:�� Z ❑ L�—LlI r ...... ' 1S N019NI11r` ❑ ILL.1 Vm 1S NOVA -43-I �� NMI �l - :❑-1 C E ❑ HIM 11P -M €❑ = a. RU FUN = =II[ it IT 1_ ❑ ❑� ❑1I l ] ❑m ❑❑ M❑ ❑1 E[❑L ❑111.1.1 LI_I1Il❑1❑ $ AYrHjVN_1 is rE1_3)4H, -1 1 L_I 1.❑ LI_l_-_JLI ❑ �� ❑r.l [IlI ❑❑ fl'— LIQ❑❑ «❑.1 }��[1 L [ [ [_l ❑ IIElMEI1❑` �G❑1`�L___II�I EC❑1`'❑ 1S F[IC10_� NOI £4¢-0400if [11.11111111 [FIM ❑I❑ 1S E❑1 ❑ UMT1 NO IONMOO PLLJ € [[ Q [L[1 ❑H111 f ILLI L❑I_.1-1 L111 �J L❑EI E❑-IUIBJ ❑_EI ❑ 1S I?Kkil U�cl C [111 �❑� n [[I- PRIP-1 ❑ H 1S ❑❑ ❑1 MEB 1NOdN In. ❑I[F1 [-H! HINT[-. 11-11-1 E❑TI F -11H P] [ -:.1 [I ] Et❑ E[[[[F� ( � CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA C ITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3096 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of Decemb e , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 22nd day of December , 19 82 Dated at Iowa City, Iowa, this 13th day of Janua 19 83 MARIAN K. KARR, ACTING CITY CLERK Printers fee $.17J CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CiTY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att ched, was published in said paper — time(s), on the fol- dg&A(Ing date(s):- A/��Y q t Subscribed and sworn to before me this S1 day of& -,el A. D. I9ScS�? t Notary Public No.�( JUU SLArMu Q_ OFFICIAL PUBLICATION OgD]MAMCF b. W-30% 611 MIM E AMEEIDIW THE MEW OROIMAMCf OF IOYA CITY TO RE2OME PORTIMS OF THE AREA KN A5 THE COLLEGE MILLySNITH ME STREET MDMIMIA NRA. `E IT ORDAINED BY THE CITY C IL OF THE CM OF )OIM CITY, Ideal SECTIOld 1. That that property described! helper AM a rosin Olk Exhibit A it Mredy clusifiM se R2: M area beginning at • paint at the ime huse- tion of Burlington ant Snit Strnts yrmet0- 1ng East along Burlington Street t0 toe East lot JIM Of int 2 BauffYn's Addition, theme South slag the East lot line of Lot 2 approafYte le IM feat W A point o f the Mat lot line of Lot 2, theme don east to S1awrit Street, theme Ib,N along Sleesit Stmt W the D.lot of begireinp; M. M Area tuspilming . e point at the Internees - tion 01 collaiie Stmt ant Smit Stmt proceeding East along College Stmt t0 the least lot line of Lot 2 J. B J. Y. Clark's Addition. theme Wrth a1o114 the Wait lot line of Lot 2 J. and J. M. Clark a Addition W the Allay. theme fast along the allay to a point On • lint parking the est N feet Of list 3 J. 6 J. Y. Clark's Addition, them plate along said IIM to College Stmt, thence est W the point of beginning; AM. An area be inning at • point at W interaY tion of IOY Avanee and Mu.stift Aeanua,. thence north to a point At en parks the from bouelary of the south lou feet of Lot 13 S. M. Clark's Addition, them bon Yat oh • lift parking the north Mallory of the south 14 feet ofLots 12 and IJ S. M. Clark's Addition W a point on a lied Mich 1s the at 10 ,feet of Let 11 5. M: Clark's Addition, theme aklltle to a Mint on a lift vnich is the est 101Mt of Lot 2 S. M. Clark's Addition, Nem apath W euecatiM Avenue, theme MorN on Muscatine Avenue to the paint Of beginning. that the property W.ribed THAT. ant 'boon M E.mbit A is 1erelly cl paslHed as R3: An area beglnlnnp at a point at the iMayeeO- tion of Dodge Stmt and Yashinptm Stmt Preceeding fast along YYhington Stmt to A point .1inglued lot IIM bet»an Left 5 ant 6 Olos, &IOrigissill low, theme MorN W the allay. theme Beat along the alley W A point on the lot lift between Lot 7 shod B Block 20 0, leg in., lour, theme South W WShington Street, theme East along Yashingt. Stmt to ;utas Street, theme South on Lett Stmt to the east -est ally to Block 22 Original Tem, thence hest along the ally tOJoMYn Street, theme Wrlh W C611OW Street, theme east along College Street to a point on the least lot line of Lot B Bl.k at Original Town, them Norte W the ally, theme East along the ally to Johnson Street. them north W washiluqton Stmm t, theEast W tbe point of behill ant., An area Wrini g at point at the inters. - tion of Governor Stmt and Low Avenue pr.eedleg East asproxisatel, 160 feet W a point on the centerline of low Avem, theins South W Washington Stmt, them east W Geysers, Street, theme When W the point Of beginning; ant, An area beginning at a pain at the Intersec- tion of Soalktt Stmt And wsoiiglon Stmt proceeding north along the est beumary of Boulevard Terre W Ion Avenue, thence East along Ion Averse W W.atlre Avenue, indexes southerly on Muscatine Avenue W Mashnngqson Stmt,re theme *at W the point Of beginning; ant. An leek beginning at A point at the inters. - tion of Dodge and goeiry Street proceMlOo eat to the north -south allay In Bl.k 7 Lyon's Second Addition, thence Wets W the north lot line of Lot 5 Lyon's Second All theme East to Dodge Stmt, theme tarts W Court Stmt, theme East VpmximU]y IN feet along the east -vast allay of Out Lot M original Toon W the norN-south ally, thence South along the allay W Dowry Stmt, theme Wast W the Mint of beginning, sect tltlnp a lot beginning IM feet IsorN of tMlioyE orwat carner of lot 24 Oak Mill Addition, them east 159 fast, north GO fast, At 159 feet, and south N feet W the point of beginning. � r AU g�_3o9� mil An area beginning at A point at the inters. - tion of Jefferson Street and Johnson Street prmeadieg East along Jefferson Street to Local Street, theme WUN W IOW Averse. theme East on low Avenue W the east bank of Balston Creek, theme along W]stee Conk to Evan SL, theme easterly along W MrtMrn beaMary of Sr M. Clark's Addltian te a point on a 111e uslch Is the Mat 10 feet Of Lot 11 S. M. Clark's Addition, theme South W a point uhich is the borth boundary Of the Booth 10 feet of tot 11 S. M. Clark's Addition, theme don seat to Evans Stmt, theme in to Idea, Avenue, theme Yost W a point On the .at Mundary of Boulevard Eder... theme South W the intersactidn Of klashington Street ant Suiplt Street, theme Best 0. WNington Street W the Yat lot line of Lot 3 fry's SuTHdi Vision, thence south along the Nat lot link of Lot 3 Fry's SWdlviAlon t0 the ally, theme est along the ally W the est lot line of Lot 1 J. 6 J. Y. Clark's Addition, theme south along the Yat lot lift of Lot 1 J. 6 J. Y. Clark's Addition W College Stmt, theme east on College Stmt W the past lot lion of Wt 9 J. b J. Y. Clark's Addition, thence youth .lag the east lot It. of tot 9 axylollnaUly 167 feet W the south lot link Of Lot 9 J. 6 J. Y. Clark's Addition, theme appro3lYtely 19TH rest on Slsselt N a point on the Umarlift Of Smit Stmt, theme histarly through Out Lot 1. 29 and a Original Tam on an Irregular 11. a1 sheen . the ]ow City Zoning Yep to the north -south ally of Out Lot 28 original Tow, theme soaN along the north -south alley W the east -wet alley Of Out Lot 28, theme est along the alley W DOele Street, them at along Court Street to Johnson Stmt, theme north along Johnson Street W Burlington Street, theme It along Burlington Stmt to the est lot line of Lot 7 Block a2 Original Tam, theme nrorth along the It lot lifts of Lot 1 ant Let 2 Block 42 and Lot 6 Block al Origi Ml Tosco to the ally, theme east on the alley to the .It lot Inn, of Lot 7 Block Il Original Tow, thence south W College Stmt, theme east on Colle¢ Stmt to JaMyon Stmt, them with . Johnson Street W the ea3tMat a l leYi n I I.L 23 Original Tow, theme along said alley through Block 23 AM 22 Original Toon to Lucas Stmt, thence north on Lucas Street to WshlogLon Stmt, Ehem East . Washington Stmt Y Carerror St., thence past appro3ldetely 16O feet to a pillet on the centerline of Yeshi,gton Stmt, them due Borth to low Avam, them Wait W Governor Street, thence South EO Washington Stmt, theme east on wanington Stmt W a paint on the vast lot IIM of Lot B Stmt 20 Original Town, theme When t0 the ally, them east along the ally to a point on the lot line betwen Lista 5 And 6 Block 20 Original T.n, thence S.th W Yashington Stmt, theme least W Johnson Stmt, theme Hertn on Johnson Stmt W the point of beginning, at; 16 Imated in the City of Ideas City, Jonmmn County. Iona. SECTIM 2, The Building ImpeCWr h hefty —EW1_T5d and direclad W change the toning W of the City of Use City, Ion, W eohfaq W this Wndeel upon the final passage. Appeared] Yea publication of Nil ordinYte Y pmlded, lash. SECTION 3. The City Clerk is Mee, autherizen and FFF,W W certify a Copy of Nis ordtftnte W the County Recorder of Johnson County. Ion. Wen final passage and pIlication as ymided by lips. SECTIM a. REPFAIER. All ordinames nld parte oat a rams n con « vith the prov.Aion p! Nta oral are bareeY reeeelY. SECTIM 5. SEVERABILITY. If ay section, pm s on or pert or the OrdiMm shell M Adjudged! W be invalid . unconstitutiaul, sWn ajuximatlon shall not affect the validity of the OrdiMm as a Mille Or ay S.Lion, phovlsiN Or part thorehf Mt idjudgnd Imaltd Or untonstitutlpMl. SECi1M 6, EFFECTIVE MIF. This Ordlname atoll are . a r s net passage, ayproval ant publication as mulrad by 1.. Passed and approved this 13th day of Deseabet. 1%2 that the property dmr Mie, And .hew be ATTEST: Exhibit A Is here, Classified! Y NIC -20: CITY CLERK O 110 0 i Bunn■ ORDINANCE NO. 82-3097 AN ORDINANCE VACATING THE WEST 60 FEET OF THE EAST 160 FEET OF THE ALLEY RIGHT-OF-WAY IN BLOCK 47, IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the right-of-way in Iowa City, Iowa, described as the west 60 feet of the east 160 feet of the alley in Block 47, Iowa City, Iowa, according to the recorded plat thereof is hereby vacated for street purposes with a 20 foot utility easement retained over the entire 60 feet. SECTION II. This ordinance shall be in full force and effect when published by law. 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, provi- sion 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. Passed and approved this 21st day of December, 1982. MAYOR Prc'tem Received $ Approved By Thhlesal D pa "men! �i9 lance No. 82-3097 2 It was moved by Balmer , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideratior Vote for passage: Neuhauser. Nays: 12/7/82 Ayes: Dickson, Erdahl, McDonald, None. Absent: Balmer, Lynch, Perret. Second consideration 12/13/82 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, McDonald. Nays: None. Absent: Lynch. Date published December 29, 1982 2"7 6 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3097 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of December , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 21st day of December , 19 82 . Dated at Iowa City, Iowa, this 13th day of January , 19 83 . MARIAN K. KARR,ACTING CITY CLERK J9 Printers fee sJ_ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper mQ- time(s), on the fol- koWing datelsl: Cashier Subscribed and sworn to before me th this LL dayo6A. D, 19E8 N — \ J&:31 II I Notary Public No.1�( &'� OFFICIAL PUBLICATION OR91UNCE NO. BZ -3097 AN OROINANCESPY TING THE WEST EO FEET Of INE EAST 160 FEET OF THEALLEY RIGHT -OF -WY IN BLO[R U, ICA CI'v. ICA, ACCOROING TO THE RECORDED PLAT THEREOF. OE It ORDAINED Of THE CITY COUNCIL OF ICA CITY, IOW: SECTION 1. That tre"p t-or-eay In JOIN City, Iwra, a arlpaC a tpe e[ ad, ret ar the east 160 int orP1tM alter to Ol Pua al, leIN city. lo.a, acora, ns to tN lecorden d, Plat tenor is MrWy y0catea ler n ell[ PY.PP.aa "Its a 20 root llity a.et senent r."I.P.4 till., the enure 60 east. SECTION 11. Tins ardlnanea shell 6e 11 fell lorc. and -batt eMn Pael lsned ey I., sIe1JC EII RIN[At[R. all omtrprces aria price 0 ofd nM-�M!{ T�fll<t uitn tM Drovblon PI this ordinance are Mr,,y reeealea. 1 o IC IV. 6fvUABIL I IV. Ir anY amti.n, D,P.I- Fart o LM—SNt n.'..1.1l M "JPd0eo tL p. lnralm er ewto tout •P�a-, su[n .iudtcan en stVll m[ .rr.et yal laity or 'TNROrdinance e: a Nwu. or a Y Ma - •4ton Oe Part tMr.et not d7 dg.d tmand suWponal ECS MN V. T � ..nil. Ordinance frail Ce in effect rto to de P's -9., eP11rl4l aria Pu6llcatfan at Y.9dgMRjMI-+,- Passed and NO ..... d '.%& flfj i DI 118, x,101' 3.1 F '6 ,lk {eary. 1 �M/m4vq Jan ATTEST: }ERa I' Decemtxi �1dE: ORDINANCE NO. 82-3098 AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR THE ESTABLISHMENT OF HISTORIC PRESERVATION DISTRICTS, AND DEFINING POWERS AND DUTIES IN ASSOCIATION THEREWITH. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE AND INTENT. The purpose of this ordinance is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, and perpetuation of districts of historic and cultural significance located in the City of Iowa City. B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural significance. C. Stabilize and improve property values- by conservation of historic properties. D. Foster civic pride in the legacy of beauty and achievements of the past. E. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. F. Strengthen the economy of the City, and G. Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. SECTION II. DEFINITIONS. A. APPLICANT. The party making application for a Certificate of Appropriateness from the Iowa City Historic Preservation Commission. B. APPLICATION. A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a Certificate of Appropriateness. C. CERTIFICATE OF APPROPRIATENESS. The document evidencing approval by the Historic Preservation Commission of a proposal to make a change in appearance which must be obtained before a Regulated Permit may be issued. D. CHANGE IN APPEARANCE. Any change or alteration of the exterior features of a building or change or alteration of the appearance of a property within a historic district. This definition shall pertain only to changes in appearance which are visible from the public way or from adjacent properties, and for which a building, demolition, house moving or other regulated permit is required for compliance with applicable city codes. Furthermore, nothing in this definition shall be construed to prohibit or Ordinance No. 82-3U98 Page 2 limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building, for which no regulated permit is required. For the purposes of this ordinance, changes made in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. E. CHANGE OR ALTERATION. The erection of a building on a site, the movement of a building from or to a site, the demolition of a building, the reconstruction or restoration of a building, or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building. F. COMMISSION. The Iowa City Historic Preservation Commission, as established by this Ordinance. G. EXTERIOR FEATURES. The architectural style, general design and arrangement of the exterior of a building, including the kind and texture of the building material and type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. H. HISTORIC DISTRICT. An area that contains contiguous pieces of property under diverse ownership which: 1. Are significant to American history, architecture, archeology and culture or Iowa City history, architecture, archeology and culture, 2. Possess integrity of location, design, setting, materials and workmanship. 3. Are associated with events that have made a significant contribution to the broad patterns of our history, or 4. Are associated with the lives of persons significant in our past or 5. Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction. 6. Have yielded, or may be likely to yield, information important in pre- history or history. I. PROPERTY OWNER. An individual or group of individuals, corporation, partnership, association, or any entity, including state and local governments and agencies which is the owner of real estate. J. REGULATED PERMIT. A permit issued by the Building Official, or other official of the City of Iowa City according to the provisions of 1) Building Code, 2) Sign Regulations, 3) House Movers Ordinance, or 4) Fire Code. Ordinance No.82-31 Page 3 SECTION III. IOWA CITY HISTORIC PRESERVATION COMMISSION A. An Iowa City Historic Preservation Commission is hereby established. The Commission shall initially consist of seven (7) members who shall be residents of the City of Iowa City. B. Members of the Commission shall be appointed by the City Council. At least one resident of each designated area of historical significance shall be appointed to the Commission. Other members shall be chosen at large from any part of the city and shall have _some expertise in history, urban planning, architecture, archeology, law, sociology, or other closely related field, or shall demonstrate interest in the area of historic preservation. At least three of the members shall hold appointments at large.' Should the number of officially designated city historic districts exceed four in number, a new member shall be added to the Commission for each new district in excess of four districts. No more than one-third of the members of the Commission shall belong to the City's Planning and Zoning Commission. C. The original appointment of the members of the Commission shall be two (2) for one year, two (2) for two years, and three (3) for three years. The members appointed from designated historic districts shall serve three year terms. After the initial appointment of members the term for each member shall be three years. D. Vacancies occuring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. E. Members may serve for more than one term and each member shall serve until the.appointment of a successor. F. Members shall serve without compensation. G. A simple majority of the Commission shall constitute a quorum for the transaction of business. SECTION IV. RULES OF THE COMMISSION. A. The Historic Preservation Commission shall elect from its membership a ,chairperson and vice -chairperson whose term of office shall be one year. The chairperson and vice -chairperson may serve for more than one term. The chairperson shall preside over the Commission and shall have the right to vote. The vice -chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. B. The City Manager shall designate a person to serve as secretary to the Commission. The secretary shall keep a record of all applications for Certificates of Appropriateness, resolutions, proceedings, and actions of the Historic Preservation Commission. C. The Commission shall recommend rules or. by-laws for the transaction of its regular business to the City Council for adoption. The Commission shall have the authority to adopt rules of procedure in connection with the aa3 Ordinance No. 82 Page 4 approval or disapproval of Certificates of Appropriateness subject to approval of the City Council. D. The Commission shall keep a record, which shall be open to public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall be sufficient for a Certificate of Appropriateness to be granted, or for the adoption of any resolution, motion or other action of the Commission. The Commission shall submit a report on its activities to the Council and may make such recommendations to the Council as it deems necessary to carry out the principles of this ordinance. SECTION V. POWERS OF THE COMMISSION The Commission shall be authorized to conduct studies for the identification and designation of Historic Districts meeting the definitions established by this ordinance. The Commission may proceed at its own initiative or upon a petition from any person, group or association. The Commission shall review and act upon all applications for Certificates of Appropriateness, pursuant to Section VII of this ordinance. C. The Commission shall cooperate with property owners and city agencies pursuant to the provisions of Section VIII of this ordinance. D. The Commission shall further the efforts of historic preservation in the city by making recommendations to the City Council and city commissions and boards on preservation issues when appropriate, by encouraging the protection and enhancement of structures with historical, architectural or cultural value, and be encouraging persons and organizations to become involved in preservation activities. E. The Commission shall not obligate itself or the City of Iowa City in any financial undertaking unless authorized to do so by the City Council. SECTION VI. PROCEDURES FOR THE DESIGNATION OF HISTORIC DISTRICTS. A. The Commission may make a report recommending that an area be designated a historic district. Before any report or recommendation is submitted to the Planning and Zoning Commission for review, the Commission shall hold a public hearing on any proposal to designate an area as a historic district. The Commission shall give prior notice of the time, date, place, and subject matter of such hearing. Such notice shall be served by ordinary mail addressed to each property owner of land included within such proposed district at his or her last known address. If the address of any property owner is unknown such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting forth the names, addresses, and date of mailing of all property owners notified pursuant to this section. Such affidavit shall be filed with the clerk in the records of his/her office. After this public hearing the Commission shall submit its report cl�'�z Ordinance No. 82 -3 --- Page 5 to the Planning and Zoning Commission and shall include a proposed ordinance establishing such district and describing the boundary thereof. Within sixty (60) days of the receipt of the report, recommendation and proposed ordinance, the Planning and Zoning Commission shall report to the City Council with respect to the relation of such designation to the comprehensive plan, zoning ordinance, proposed public improvements and other plans for the renewal of the area involved. The Planning and Zoning Commission shall recommend approval, disapproval or modification of the proposed historic district. Upon submission of the report of the Planning and Zoning Commission, or upon the expiration of the sixty (60) day period, the matter shall be transmitted to the City Council. The City Council shall submit a description of the proposed area of historical significance or the petition describing the area to the Division of Historic Preservation of the Iowa State Historical Department for review and recommendations concerning the proposed area. The description of the proposed area shall be submitted to the Division of Historic Preservation at least 30 days prior to the date of any public hearing conducted by the City Council on an ordinance establishing the proposed area as an historic district. Any recommendations made by the Division of Historic Preservation shall be made available by the City to the public for viewing during normal working hours at a city government place of public access. D. Upon receiving the recommendation of the Division of Historic Preservation, the City Council shall provide notice of such hearing as provided by law and conduct a public hearing on the ordinance establishing the proposed historic preservation district. The Council may adopt or reject the ordinance or may refer the historic district designation to the Commission for modification. SECTION VII. APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS. A. After adoption of the Historic Preservation Ordinance no individual or corporation shall undertake a change in appearance of a building or site within a designated historic district for which a regulatedep rmit is required, nor shall the Building Official issue a regulated permit for a change in appearance of a building or site, unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission. The imposition of any additional activities requiring Certificates of Appropriateness shall require the approval of the City Council and the prior recommendation of the Commission and the State Division of Historic Preservation. B. Application for a Certificate of Appropriateness shall be made to the Building Official. The application should include drawings, photographs, sketches and other exhibits portraying the work to be accomplished which will aid the Historic Preservation Commission in the consideration of the application. C. Upon the filing of such application, the Building Official .shall immediately notify the Historic Preservation Commission of the receipt of such application and shall transmit it together with accompanying plans and was Ordinance No. Page 6 other information to the Commission, unless the application pertains solely to the interior of the structure. All applications received before the closing date, to be established by the Commission, shall be considered by the Commission at its next regularly scheduled meeting. The Commission shall review the application according to the duties and powers specified herein. In reviewing the application - the Commission may confer with the applicant or the applicant's authorized representative. In acting upon an application the Commission shall consider whether the change in appearance to a building or site proposed by the application conforms to standards set forth in the January 1979 revised edition of the Secretary of the Interior's "Standards for Rehabilitation." The Commission may use the Secretary of Interior's "Guidelines for Rehabilitating Historic Buildings" or other guidelines adopted by the Commission to aid in determining whether the proposed change in appearance to a building or site conforms to the Secretary of Interior's "Standards for Rehabilitation." The Commission shall approve, modify, or disapprove the application. The findings of the Commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspection in the office of the City Clerk within five business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicant by ordinary mail. If the application is approved or approved with modifications acceptable to the applicant a Certificate of Appropriateness will be issued, signed by the Chairperson, and immediately transmitted along with the application to the Building Official. If the application is disapproved it will be immediately transmitted, along with the written resolution of the Commission's findings, to the Building Official. Any applicant aggrieved by any decision of the Commission may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than 10 business days after the filing of the above mentioned resolution. The City Council shall, within a reasonable time, hold a public hearing on the appeal, give public notice thereof as well as notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the.City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and this ordinance, and whether the"Commission's action was patently arbitrary or capricious. In exercising the above-mentioned powers the City Council may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Commission from whom the appeal is taken. G. If not satisfied with the decision of the City Council the appellant may appeal to the Johnson County district court within 60 days after the Council's decision. Ordinance No. 82-3vio Page 7 H. Certificates of Appropriateness issued on the basis of approved applications authorize only changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or his/her designee to inspect from time to time any work performed pursuant to such a Certificate to insure compliance with the requirements of such Certificate. If it is found that such work is not being carried out in accordance with the Certificate, the Building Official shall issue a stop work order. Any change in appearance at variance with that authorized by the Certificate shall be deemed a violation of these regulations and shall be punishable as provided in Section X of this ordinance. SECTION VIII. REMEDY OF DANGEROUS CONDITIONS. A. Except for emergencies as determined by the Building Official pursuant to the ordinances of the City of Iowa City, City enforcement agencies and departments shall give the Historic Preservation Commission at least 30 days notice of any proposed order which may affect the exterior features of any building within a historic district by directing changes or alterations of such building for remedying conditions determined to be dangerous to life, health or property. The Commission shall have the power to require that changes of alterations not adversely affect the exterior features of a building in cases where the danger to life, health or property may be abated without detracting from the exterior features of the building. In such cases it shall be the responsibility of the Commission and the city'agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the Commission and shall be signed by the Chairman of the Commission, the property owner, and the head of the city agency or department. If a preservation solution acceptable to the Commission, the City agency or department, and the property owner cannot be reached within 30 days or a period of time acceptable to the city agency or department, the agency or department shall proceed to issue and enforce its proposed order. SECTION IX. COMPATIBILITY WITH EXISTING ZONING REGULATIONS. Any new building shall conform to all set off requirements of the zone in which it is to be built or moved. If a building which has lost 100% or more of its assessed value due to fire or other natural disasters is to be reconstructed as near as possible to its original exterior design, it may be placed upon its original foundation or the site of the original foundation. X. ENFORCEMENT. VIOLATIONS AND PENALTIES. A. It shall be the duty of the Building Official to enforce these regulations and to bring to the attention of the City Council any violations or lack of compliance herewith. B. Any person who violates, disobeys, omits, neglects or refuses to 'comply with any provision of this ordinance shall be charged with a simple 6;:2a7 Ordinance No. 82-,,. J Page 8 misdemeanor to be prosecuted in a court of appropriate jurisdiction in Johnson County, Iowa. C. Violations of Section VII and VIII of this Ordinance are deemed and declared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by the District Court. SECTION XI. SEVERABILITY. Should any section or provision of this ordinance be decided by a court of this state to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. SECTION XII. SHORT TITLE. This ordinance shall be known and may be cited as "The Historic Preservation Ordinance of the City of Iowa City, Iowa." SECTION XIII. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION XIV. EFFECTIVE DATE. This ordinance shall take effect immediately upon passage and publication as required by law. �dUtC� k- DAV:ID PERRET, MAYOR PRO TEM AV 7eA4 MAgfiAN K. KARR, DEPUTY 'CITY CLE WK was moved by Dickson , and seconded by Erdahl that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL LYNCH MCDONALD x NEUHAUSER x PERRET First consideration 11/23/82 Vote for passage: yes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: McDonald. Absent: None. Second consideration 12/13/82 Vote for passage: Ayes: Dickson, Erdahl, Lynch, Neuhauser, Perret, Balmer. Nays: McDonald. Absent: None. Date published December 29, 1982 Received & Qporc _:i By The Legal Depay,ent CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, Acting City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 82-3098 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of December , 19 82 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 29th day of December , 19 82 . Dated at -Iowa City, Iowa, this 13th day of January 19 83 . -' . 76� MARIAN K. KARR, ACTING CITY CLERK 76 Printers fee $A19 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,se: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper 62ir-%.R�time(sl, on the fol - I mg date(s): Subscribd and sw n to before me this Lo day o A. D. 19 Notary Public No. kJ� a, JULI SLAYMAKERR OFFICIAL PUBLICATION OROINAIICE N0, 8E-3098 AN OWIIIAWA ESTABLISHING AN HISTORIC PK59RMTIOM PAOVIDING FOR 1111E CETy ESTABLISHENTI OF I0157mc PRESERYW11001 ASWIATIWTTM WITS. WING pO4R5 ND IN THEREFORE BE IT OROAINEO 11 THE CITE COMCIL Of. THE CITY Of I" CITY, INA TION i. NMI,' ANO INTENT. The Ouroose of sn M e t phi ydeducational. cultural. . of the public esI or. the r prateatiOR, eNMKesent. and'"tuae(on of /R district! of historic and cultural y signlfiunce located in the City of law City. B. Safeguard the City's historic, aestheeiees� cultural heritage By pe.ery rg historical, architectural, and ca/tural sl gni f trance. C, Stabilize and improv! property valdef by conserva[fan of historic properties. O. Faster cisic 01 de in pathe 1lgKy Of Ne-ty and e L Protect ani enMKe the City's attleftlons W eourist' addtiwlus to business othereby Ifelideam the Ewrt end F. Strengthen the econosY of the City, and G. prpate the use of districts of histeeit sod culturae, far a,"evil Significanceasun and selfaretof the POOR,- of OOR,- ofth[f on, p f the Clty. SECTION 11. rDEFINITI0115. A, AppLIC,Nfr. That party, N a., fcatiee /H cortificsEe of Atproprb1ne6 fro the IM City Historic Msenetlon Colbsfon, 8. AInnerCorlotherapartytto theme Ends City Historic vremrvaUon Coesission for a Certificate of mpproprbtpasz.' , C. CERTIFICATE Of AsPROPRIATEKSS. IN docesenc evianriny approv.l M the Histori1 is '"preservation Coewizz ion of a propose . change in appearance which It M Retained .fore a Regulated Pefsit PY be issued: 0. IN APPFARAICE. AM [Hangs or alteration of the exterior features of a building Or charge or alteration Of the wpeeraoce Of • property wfthih • MEWric district. This definition Hall Welch esti 1. Only ply I, 'He I. Rpplisay aCor fns adJaceK prourliea, aha for Mich . building, deeolition; .wng a use NOther "let" ,,i, i. ron.j. for rcoallance vlth III, igeble city codes. FurtherwN, wthin in this definitlM shill he ...stlrum to prohibit or "-it --I fop ori MeMs Wfc or oathe entari., Heturesat f n+ Wtldlngt faro Mich M regulated .nit Is re4uira0:-Fo[..tN purposes of this."HN-d. chasek tea in the color of the aster{or torte[(. of a pudding are Onnside,as Is be OrdiN X_helhtzNmz and radial,. L buildingO0. acs it... he wveeent oTEDW IN I A building 1N 0, u a site. 'the decal Ition Of a Zui idi��qq, the Monst,iCtion or niWratlee of 'build!, . a, and action Eo change, codify. 'Coolt t,n . orbudemolish i of ish seY eawurlor 1 Pr aserhetcOMPIMIOtw Coesf. lissi.as CltHistoric tabt shed bY this Ordinance. !s G. EXTERIOR FEATURES- IN architectural style. Binders] design and ernO MAH"t of the "berlde of a .!]ding. including the kind M ki. re of the Wilding satefiel and t ne a s VOf imkaes, des., light fixtures. sites aha Ot.r appptNlplt fixto es. H. HISTORIC DISTRICT, M area tht COW" 1115 denrse contiguous p{Neof proper Y under oadarship WNch: ]. An signif{cwt WMCric uhitany. arc�tMane, anew{ .0 Ips, City his". Mehitacwee, arcN�oloO' end c111tun, Z' eting sale and wsrYis.Ni destgm, setting, ,1 du gra- 30700 i Are associ. fyniffcanW patterns Of r MiWY. a a. an assaeiatea HIM the Beef a IMraana significant In .1 past or i Embody the dlatiacif..char ct rriistic. of a typ, period,of construction, represent the work of a usury possess nigh Artistic values; re,re>ent i significant and distinguish- able entity Worse doewnents say lack Individual distinction. 6. Nan yielded, or say M likely ta yield, intonation Important in pre -history or History. 1, PADRERTY MER. M individual or grog of inaWduals, corporation, partnership. psocletion, or any tity. Including state and local gover,rnts and pineles Hhich is the .1 of nal estate. J. RELR GUEgfip O Ofil[a Official, or otherofficialo1 the « the City of Iowa City acconding W the prpvislons W 1) Building Code, Z) Sign Regulations, 3) House Movers OndiMnce, or e) Fin Code. SE[TIW III. IOW[ CITY HISTORIC RRESERVATIOH A. M law City Historic Preeervetion Collulon , hinny, estaDifshed. The Cossi.al. shell Initially consist of sewn (f) awsbers Wes shall be residents Of the City of ]ow City. B. fNbera of the Coesillion shall be appointed by the City Council. At lust the res Iant of We designated area of historical slgnifi- aMe and ON lobar Of the Planning and Zoning Colisslon shall he appointed W the Cplbsion. Other sesben -ball he chosen at large Ree awry part of the city and In.)] nave Ease eapenise In history, urban 09hilng, architecture, arcMoloq, lea- snciOlom, Or CNr closely nlstsd field, or shill nstr'ate interest In the area of historic Rn e..v.tion. At lust three of the Redeers ".IfHold of du ifliciellyenShould deal Nzadt, atecityistoric district...cNd four In fiber, a Nor shier Nall . added W the Coli.11. for each nM district in recess Of four districts. se sore Man one-third of the endow of the Colissfon shall along to the City's Planning and Zoning Colislfon. C. IM original offelnuent of the seab.n of the Cohesion snaileers. M(tnnerON (3) forrthrree yea bad for woo years. Yne !mors appointed fres three Year historic iter the .hill ti l a,n,e tnrN yeaf tens. th After the r each eeder Lent Of be !seers the un for each speer shell . tore! yeifE. O. Vacancies occurinp in the [Mission, other than by empi ration of tern of office, shell be fit led only for Iia .."red tine. E. lenders say -urva for w e then one un and each soler Hall sern until Eye apwinuent OI 1 sucraesaf. F. fleabers shat 1 serve If tlesat eoweneetion. G. A simple orJority of the eollwan shall censliwta • partes for W trsNsetlan of Mllnes.. OFFICIAL PUBLICATION SECTIOII Iy. RULES Of THE COMMISSION. A. The Historic Preservation CMissi. shall elect from it. membership . chair a,vad and Az.-chai rperwn Wid. tan Of office sn.I I he ON year. IN chairperson aha vfcr chairperson day serve for sen than ON tan. The [hairpin.. EMIT pnsla vin, the [Mission and shill have the rigs to vote. IN vice-cMirpanon shall, in of absence or disability of IN cMiroers., "flora the duties of the chairperson. The City Manager shill "affiliate _s person W serve IsKntary W the [Million. The seeretary shell Real a record of all mpplics- tiens for Certificates of Awrmprtatanas, resolutions, proceedings, and Ktio s of the Historic Pres.rvatlon CMLsion. The Colissia $MIT re[oMnd rates or by - IM for the trahseftion of ft. rend, lar Business W the city Council for saoption. The coesis.ton shill haw the authority to .dept miss of Procedure in connection with the approval or dismpprova,.of certificates of AMroOrlaleniss subJKt W approval of the City [pencil. The Commission shall heap a record, Mich shell he goo w public rive, of its "solutions, proceedings m actions. The vete or lel lo" to rote of each member sMll he recorded. TM concurring affirmative vote of a majority of those cabers present sMll M sufficient for a Certificate of Abprmori.cene.s to be gyranted. Or far the -Option of any I... Ntlor. motion or other action of the Commlsel.. TM Commission shall suheft a report. Its activities W the W ll aha Way math each reca�eMations tq the Council as It make necessary to Carry out the principles of this ordinance. WIN V. POWERS OF THE COMIISSION A. The Commission sMil be authorized to conduct stupias for the Identification and designation of Historic Districts Meting the definitions established by this Ordinance. The Commission MY processed at Its own initiative or upon a Petition from any Person, group or sesac/atlon. B. The Commission shall resiew aha act upon all W)Imtions for Certificates of Appropriateness, pursuant to Section VII of Hila ordinance. C. The Commission shell cooperate with pram My wren end City agencies Pu"wnt tp the Prwisl.s Of Section rill of this Ordinance. 0. TM Commission shall further the efforts Of historic preservation' in the city by making roc. tions to the City Council and city commissions and boards on pres.... kind is.., Men Appropriate, by aiic.raging the Protection aha ermsencesswit of structural with historical, architectural or cultural vale and he arcouragirg persons and orgenimtlons to bll. involved in preservation Activities. E.The Commission sMll not Obligate itself or the CItJy of Iwo City In any financial undertaking unless authwized to m so by the City Council. SECTIN W. PROCEDURES FOR THE DESIGNATIOR OF A751iATE3iSl'RIt'Ib A. The Commission My Mks a report mcommdmirg thatAn area he designated a historic district. Before any report O ommon ndati is submitted to ittthe PlanningandZoning Commlesfon far review. the Commission stall hold a public hearing on any proposal to dee Iyhate an area as a historic district. TM Commission shill give prior notice of the ties, data place, aha subject letter Of such hearing. Such notice shall be served by oedlMry mai I addressed to each property Amer of IoM included within such propnsm district at his or Mr last town address. If the Address of any property caner Is unknwn such notice shall be Servet by AMine, lei) aodrli to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of hailing emitting Tunis the moans, addresses, And mte of Mililg of all property wars ratified pursuant to this section. Such affidavit Shull me film kith the clerk In the records of his/her office. After this public hearing the Commission shall submit its report to the Alarming am Zoning Commission and shall Include a proposed ordinance establishing such district am describing the boundary thereof. B. Within sixty (60) days of the receipt of the report, recommematlon and proposed .Mina.e, the Planning am Zoning CAmmissi. shall report to the City Council site respect to LM inflation of such designation t0 the ,comprehensive D)an, zoni Ag ordinance, po the ) e posed public(proSe nesaminvolved. plans Planning and Zoning Commission shell recommend Approval, disapproval or modification of the proposed historic district. Upon submission of the report of the Planning aha Zoning Commts.son, or upon the expiratlom of the sixty (60) day period, the letter snail he trans ritted to the City Council, C. TM Cl ty Council stall summit a dead rlptian of the Amassed area of historical significance r the Petition describing the area b the Division Of Historic Preaervatia Of the lows State Historical Department for revive am recommendations concerning the propowd area. The description of the propose area AMll be suMittm to the Division of Historic Preservation at least 30 days prior to the ante of any "blic hearing conducted by the City Council on an Amina.. establishing the proPem area as an historic district. Any HiAmmenations made by, the Division of storic Preservation stall M made available by the City to the public for viewing during nosmal working hours at a city gD"rmeat place of public access. D. Had. "celvidg the r.,.motion of the Division Of Historic preservation, the City Council $Mil provide notice of such hearing s provided by Iw am corMw[ a public Maris, on the oNim.e establishing the propesed historic preservation district. The CAY.II My adopt Or reject the weina.e Or My refer the historic district me0gnation to tM.Comission for modification. SECTION kill APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS. A. After adoption of the Historic Premieres Ordinance . iMividwl o corporation s undertaM a change in appearance of a buil or site within a designated historic dist permit for a change in appearance of s building or site, .lass a Certificate of Appropriateness has bean granted by the Historic Preservation CONnfssiin. The Imposition of any additional activities requiring Certificates of Appropriateness shall require the approval of ttatity C -ural) andthe prior recommendation of the Commission the State Division of Historic Pre vation. B. Application for a Certificate a Appropriate... shall M YM to the Building Official. The application should include drawings, photographs, SMIchas ant otimr exhibits portraying the Work to he accomplished Mich will aid the Historic Preservation Commission In the consldemtlm of the application. C. up. the filing Of such application, the Building Official shall immediately notlfY tire" Historic Preservation Commission of the receipt of such application and shell transmit it together with accompanying plans aha other information to the Commission, unless the application pertains solely to the interior of the structure. 0. All Applications received before the closing date, W he estalisMd by the Commission, Shell M considered by the Commission at its neat regularly scheduled meeting. This — —'r Commission snail revive the appl ic.tim acc.ma g'to the ostia. AM powers ImcifiAll herein. In miwing the application the Commission AAp confer with the applicant .r the applicant's authorized representative. Id acting upon an Application the Commission shall consider whether the change In appearance te a building or site proposed by the application conforms to standards cal forth in LM January 1979 revised edition of the Secretary of the Interior's "Standards for Rehabilitation." The Commission may use the Secretary of Interior's "Guidelines for. Rehabilitating Historic buildings" or Qtly guidelines adopted by the Camel as ion is aid I,, determining whether the proposed! Change I. Appearance to a building or site c.fotms 4 the Secretary of Interior's "Standards for. RAAW i l itation.- The Commission shall approve, modify, or disapprove the application. The' findings of the Commission on each application shall mm centainM in a written resolution setting. forth the full reason for its decision aha the vote of each mesner participating therein. Such resolution shell M placed on file for Public inspection in the office of the City Clerkwithinfive business days after the seeking at which the Application Was acted Olson. Thereafter, a copy Of the resolution shall be sent to till Applicant by ordinary "11. If the application is Approved or approved with modifications acceptable b the Applicant a Certificate of Appresariatenss will M issued, B1gm by the Chairperson, and immediately transmitted along with, the Application to the BJilding Official. If the application is Of sapprovm to Wi11 be (mmiately transmitted, Alan, with the written "solution of the Commission's findings, to the Building Official. cant eggriared by any oedsim of the n my appeal the action to the City Such an appeal most be in writing be filed With the City Clark no later hearing on the appeal, give pwnc notice the as well as notice to the Appl cant And U the appellant, if different frm the Applicant, and decide the Appeal within a reasonable tin. In deciding such Appeal, the City Council shill consider Whether the Commission Ms exercised its pavers am followed the guidelines estMllshoo by law am this ordinance, and whether the Commission's action was patently arbitrary or capricious. In exercising the abovrmentanedi powers the City Council say, in conformity with the provisions of this ordinance, reverse o affirm. Wholly orpartly. or may modify the order, renal recent, decision, or determination appealed from And my Wake such I Crdeq requirement, me inion, or determination as ought to he Mile, and to that and shall have all the powers of the Commission from Mm the appeal is taken. G. If of satisfied with the decision of the City Council the apellant ley appeal to the Johnson County district court within W days after the Council's decision. d a - Bt. Sa-309P C Certl Hcates of issued on the d! aggliiatenss basis of ApDrored tis authorize only race in s in appearance sat theth In approved Apel iIt Ions aha ne other changes in Approved appearance. It {hall hi the duty of the Building Official or his/her designee to 'respt from tin to time so, work perfume ec Pursuant to such a Certificate to insure compliance with the rpuirements of such Certificate. If it is found that such work Is ret being carried ant in accordance with the Certificate, the Building Official shall issue stop work order. Any change in appearance at variance with that authorized by the - Certificate shall he deomel a violation of these regulations and shall be punishable as provided in Section X of this ordinance. SECTION VIII. RENEOY OF DANGEROUS CONDITIONS, A. Except for enrgencles as detemined by the Building Official pursuant to the ordinnces of the City of Iowa City, City enforcement agencies aha departments Snell give tins Historic Preservation Commission at )east 30 days notice of any pva,wand order Mich aAp affect the exterior features of any building within a historic district by directing changes or alterations of such building foo remedying conditions determined te he _ dangerous to life, health or proherty. B. The Commission shall have the poser to require that Changes of alterations net adversely affect the exterior features of a building in cases Mere the danger to life, health far property ray M aMtAd Without detracting from the exterior features of the building. M such cases It shall M the responsibility of the Commission and the city agency or detyrtment to cooperate with the property owner in n attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact an exterior features. Such plan shall be aarwed by the Commission aha shall he signed by the Chairman of the Commission, the property weer, and the Mad of the city agency or department. C. if a preservation solution acceptable to the Commission, the City agency or department, and the property order cannot be reached within.3B days or a period of tin acceptable to the city agency or department, the agency -dr department shall proceed to issues aha enforce its proposed order. SECTION iX. CONPnTIBILITY WITH EXISTING ZONING Ird U N Any raw building sMil confmw W all set off requirements of the ton in Mich it is to he built r loved. If a building Mich has lost 100% or nn of It. .,..A" value due to fire or other natural disasterssto he reconstructed as near as Possible "its original exterior design, It Way M placed upon its original foundation or the site of the original foundation. SECTION X. ENFORCEMENT, VIOLATIONS AND PENALTIES. A. It stall be the duty of the Building Official IS, enforce %Mae regulations and to bring to the attention of the City Cuuncil any violations ar lack Of conal i once herevi th. B. Any Person who violates, disobeys, wits, "neglects Or refuses to comply with any provision of this ordinance shall be Charged with a simple misdemeanor te be prosecuted i a court of appropriate jurisdiction in Johnson Coonty. lova. k" C. Violations of Section VII am VIII Of this Ordinance are deem and declared WWA nutsance, AM as such my he S,bjmal t" Sales, statement by mans of a reetrigilhg Order or injunction issw by the DislliiCA COwt. SECTION XI SIVERABILITY. Should aha ssictiajs.ep pr ry, a =uis be decided by a COUM estate of this Mn to be uot Ito time? or i.obltti. Such decision snail "rot affect the validity of the ordlhanca as a whole or any Part thereof Other tlNh the part w decided to he unconstitutional or invalid. SECTION NII. SHORT TITLE. This Ominance shall he k i ton as he Historic Preservation Ordinance of the City Of IOM City, Iwa." SECTION MIR. REPEALER., All ordi mnces and parts A dlnanies in can...Ct .,in the provision of this ordinance are hereby repealed. S CTION HIV. EFFECTIVE DATE. This .mimnZ sire it lam el' ecT its Vpon passage aha publication as r ... I ran by law. Pie tt UR mYOR Pre lam ATTEST: OL �-.. .. CITY CLERK ' / [kcernber 29, 19N