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Home My WebLink About1983 Ordinance BookORDINANCE BOOK 21 3099 - 3114 PAGE ORD. # TITLE DATE 1-4 3099 Ord. Amending Zoning Ord.By Chang- 1/4/83 ing Use Regulations Of Property Located At 505 Burlington St. C2 To R3A 5-6 3100 Ord. Imposing A Hotel & Motel Tax In & For City Of Iowa City, Johnson County, IA 7-8 3101 Ord. Amending Zoning Ord. Re Property 2/15/83 At 302-314 S. Gilbert St. & 417 East Burlington From C2 To CBS 9-10 3102 Ord. Amending Zoning Ord. Re Property North Of Ralston Creek Village & East Of Gilbert Street From C2 To CBS 11-12 3103 Ord. Vacating Alley R -O -W Platted In Lyman Cook's Subd. Of Outlot 25, O.T. 13-15 3104 Ord. Amending Subdivision Regulations, Chpt. 32 Re Language In Issuance Of Build- ing Permits, Adding Penalty Section & Per- mitting Final Plat To Include Part Of The Prel. Plat In Certain Circumstances Only 16-17 3105 Ord. Amending Zoning Ord. By Changing 3/01/83I Use Regulations Of Certain Property Located In The 400 Block Of S. Van Buren Street From C2 To R3A 18-23 3106 Ord. Approving Prel. & Final PAD Of Walden 3/08/83 Ridge, Parts 1, 2, 3, & 4 24-25 3107 Ord. Amending Zoning Ord. Re Property Located At 655 Hwy. 6 By Pass East - Fleetway Stores 26-28 3108 Ord. Vacating Portions Of R -O -W Of Sunset 3/15/83 St. & Frontage Rd. B/Hwy. 1 & Bryn Mawr Heights Part 13 29-31 3109 Ord. Amending Sect. 35-35 To Reduce Time Requirements For Notice & Appeal(Taxi) 32-35 3110 Ord. Amending Chpt. 8.10 By Rezoning The 3/29/83 Entire R3A Area Of Manville Heights To RNC -20 36-38 3111 Ord. Re Amendment Of Prel. & Final PAD For Lots 91 & 92, Ty'n Cae Subdivision, Part II 39-41 3112 Ord. Amending Chpt. 2 Of Code By Adding Thereto Article XI For Establishment Of The Department Of Public Transportion 42-43 3113 Ord. Repealing Subsection (8) of Section 2-166, Article VIII, Chpt. 2 Of Code By Deleting From Article VIII The Transit Division In The Department Of Public Works 44-48 3114 Ord. Establishing Design Standards For 4/12/83 For Off -Street Parking Areas ORDINANCE BOOK 21 3115 - 3129 PAGE ORD. # TITLE DATE 49-51 3115 Ord. Amending Chpt. 8.10 By Re- 4/26/83 zoning Approx. .93 Acres Of Land From M1 to R3A 52-54 3116 Ord. Amending Zoning Ord. By Chang- 5/10/83 75-76 3125 ing Use Regulations Of Certain Prop- erty Located At 1705 Prairie Du Chien Rd. & Known As Hawkeye Mobile Home Crt. 55-56 3117 Ord. Amending Section 8.10.32 RE! SUS - pension Of Building Permits 57-59 3118 Ord. Re Amendment Of Prel. & Final PAD For Lot 63, MacBride Addition, Part Two 60-61 3119 Ord. Amending Chapter 35, Article II, 5/24/83 Taxicabs, Temporary Driving Permit 62-64 3120 Ord. Amending Section 31-10 Removal Of Prohibited Surface Materials 65-66 3121 Ord. Vacating Portion of Lucas St. (N of 6/7/83 Page St. and S of Chicago, Rock Island and Pacific R.R. Right -of -Way 67-69 3122 Ord. Amending Zoning Ord./Changing, Use Use Regula. of 1425 N. Dodge St. Excluding 70 Ft. 70-71 3123 Ord. Vacating Easement for Public Hwy. Purposes along Woolf Avenue 72-74 3124 Ord. Amending Chap 10 "Elections" Deleting Article II Municipal Election Campaign Finance Regula. Except for Limitation on Campaign Contribu. 75-76 3125 Ord. Amending Zoning Ord/Changing Use 6/14/83 Regula. of Intersec. of prop. Freeway 218 and Hwy 1, N of Hwy 1 near Willow Creek 77-85 3126 Ord. Amending Chapter 8, Article V of IC 6/21/83 Code of Ordinances 86-87 3127 Ord. Amending Zoning Ord, by Changing Use7/5/83 Regulations of Certain Property at 510 S. Clinton 88-90 3128 Ord. amnding Zoning Ord. by Changing 7/19/83 Use Regulations of Certain Property located in a portion of First and Rochester Add. lying North of Rochester Ave and E of Propsed First Ave Extended 91-93 3129 Ord. Amending Zoning Ord. by Changing Use Regulations of Certain Property Located in a portion of First and Rochester Addition lying adjacent to Proposed First Ave. extended from RIA to R3 ORDINANCE BOOK 21 3130 - 3137 PAGE ORD. # TITLE DATE: 94-96 3130 Ord. Approving Final Planned 8/2/83 Area Development Plan of Ty'n Cae Subdivision Part 3 97-98 3131 Ord. Amending Zoning Ord. by Changing Use Regulations of Certain Property located at 223 S. Riverside Court 99-100 3132 Ord. Providing for Compensation for Mayor and COuncilmembers and repealing Ord. 75-2765 101-110 3133 Ord. Amending Chapter 8.10, the Zoning 8/8/83 Ord. of Municipal Code by Deleting Section 8.10.50, Airport Overlay Zones, and Substituting in Lieu thereof a new section 8.10.50 111-112 3134 Ord. vacating certain alley r -o -w running south from Highway 6 between Valley Ave. 8/16/83 and Lincoln Ave. 113-114 3135 Ord. Amending City Code of Ordinances Section 21-20(a) to expressly emplower the Library Bd. to authorize City Council to negotiate library use contracts 115-116 3136 Ord. to correct prior erroneous ordinance vacating alley r -o -w platted in Lyman Cook's Subdivision of Outlot 25, Original Town 117-118 3137 Ord. Amending Section 23-74 and Repealing Article IV, Division 2 0£ Chapter 23 of City Code ORDINANCE PAGE FITFIMW ORD. # TITLE 3138 - 3154 sm 119-120 83-3138 Amending Zoning Ordinance by Changing Use 8/30/83 Regulations of Certain Property Located on East Side of Wheaton Road in Westgate Addition to Iowa City, Iowa 121-123 83-3139 Amending Section 8.10.28 of Zoning Ordinance to Provide that filing of appeal to Bd. of Adj. Stays Construction Activities under Bldg. Permits 124-125 83-3140 Correct Erroneous Legal Description in Ord. Vacating Alley R -O -W in Lyman Cook's Subdivision of Outlot 25 126-127 83-3141 Amending Chapter 5 of City Code to Regulate Carry -Out of Open Beer or Alcoholic Beverage Containers from Licensed Premises and to Prohibit Possession of Same 128-129 83-3142 Amending Chapter 33 of Municipal Code by Adding 145-147 83-3148 Certain amendments and deleting certain provisions - collection of sewage and water bills 130-132 83-3143 Amending Chapter 26 of Mun. Code by Deleting Certain 148-150 83-3149 Provisions and Substituting -revising peddlers, solicitors and transient merchants ordinance 133-134 83-3144 Ord. vacating certain alley r -o -w abutting the 9/13/83 east property line of 522 S. Dubuque Street 135-139 83-3145 Ord. Amending Zoning Ordinance to Permit Zero 9/27/83 Lot Line Dwellings in Certain Residential Zones 140-141 83-3146 Ord. Amending Zoning Ordinance by Changing Use Regulations of Certain Property Located on Keswick Drive and Westgate Circle in Iowa City 142-144 83-3147 Ord. Amending Zoning Ordinance by Changing Use 10/3/83 Regulations of Certain Property located at SW Quadrant of Intersection of Prentiss and Gilbert Streets 145-147 83-3148 l Ord. Amending Zoning Ordinance by Changing Use 1 Regulations of Certain Property Located at 522 S. Dubuque Street 148-150 83-3149 Ordinance Amending Zoning Ordinance by Changing Use Regulations of Certain Property Located at Entire Hwy Commercial (CH)Zoning District located N of Intersection of First Ave. and Muscatine Ave. 151-153 83-3150 Ord. Approving Amended Final PAD for Lots 122, 10/11/83 123, and 124 of Court Hill/Scott Blvd. Addition, Part VII 154-155 83-3151 Ord. Amending Section 8.10.35.6, R3, R3A and R3B Zone Regulations of Zoning Ord. by Inserting RNC -20 156-158 83-3152 Ord. Vacating Des Moines St. R -O -W between Gilbert St. and Linn St. 159-161 83-3153 Ord. Amending Chapter 25 of Code of Ordinances - Parks 162-168 83-3154 Ord. Amending Chapter 31 -Provide that Signs on Public Property be licensed and for Elimination of such signs by June 30, 2003 ORDINANCE BOOK 22 3155- 316 3 PAGE ORD # TITLE DATE 169-170 83-3155 Ord. Vacating Part of Dubuque St. in Urban 10/17/83 Renewal Area of Iowa City, Iowa 171-176 83-3156 Ord. Amending Section 23-189 of Municipal 10/25/83 Code of Iowa City to Change Speed Limits on Parts of Hwy 1 177-179 83-3157 Ord. Approving Amended Preliminary and Final 11/7/83 PAD Plan of Lots 94 and 95, Ty'n Cae Subdivision, Part 2 180-182 83-3158 Ord. Amending Zoning Ord. by regulating no. of 11/22/83 roomers in residential dwellings 183-185 833159 Ord. to Amend Chapter 11 to specify requirements _. for obtaining a master electrician's license 186-375 83-3160 Ord. Repealing Zoning Ordinance and Adopting 12/20/83 New Zoning Ordinance 376-378 83-3161 Ord. Establishing Centerline Grades of Ventura Ave., Tanglewood St., and St. Anne's Drive 379-381 83-3162 Ord. Establishing Edge of Alley Slab Grades in Block 6, Lyon's 2nd Addition 382-392 83-3163 Ord. Amending Article IV, Division 2 of Chapter 14 of City Code (Enabling Ord. of City's Broadband Telecommunications Franchise) ORDINANCE NO. 83-3099 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 505 BURLINGTON STREET FROM C2 TO R3A. 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 R3A, and the boundaries of the R3A zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 505 Burlington Street and legally described as follows: Commencing at the southwest corner of Outlot 26 of the original town of Iowa City, Iowa; thence north 0000' along the west line of the said outlot 26 for a distance of 363.89 feet; thence north 89°50' east, 171.49 feet along the north line of the said Outlot 26; thence south 0°00', 363.04 feet; thence south 89°33' west, 171.50 feet along the south line of the said Outlot 26 to the point of beginning. 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. 2 Passed and approved this 4th day of January, 1983. �t YOR ATTEST: 7e.r 1"t" 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 y PERRET First consideration xxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published 1/12/83 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 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: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Erdahl. ?lecaived �, gppraved DY �he Legal Lep 11 eyt_ 12. -�L z PROJECT SITE BURLINGTON STREET W fL' F h COURT STREET F, a W Ci rv+ U NARRISON STREE BOWERY STREET PROJECT LOCATION MAP no scale Ll � L E Du OCT 21 1982 ABB1E STOLFUS CITY CLERK - HALL ENGINEERING COMPANY CONSULTING ENGINEERS IOWA CITY, IOWA REZONING APPLICATION 505 BURLINGTON STREET IOWA CITY, IOWA ,o^,n.LINE . ----_-_-_-__ - '-_-_--�' --- . � *vv oo�m"u ^m'3BEDROOM UNITS pROPEPTV`wE TL . i --- - - - -1 �/ ' ---T � ° | _ | /2�x^"D,,^cE� � __- -_-^_-- _ � | ---T--- --- | _---_-- . EXIS'ING au DING --�--- -'--- ---1 | ' / ------ ---T--- . ! VAN uo°cwSTREET � | � PRELIMINARY SITE PLAN r CITY Or'. IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIT`(, IOWA 52240 (319) 356-5030 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. 83-3099 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of January , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 12th day of January , 19 83 . Dated at Iowa City, Iowa, this 10th day of Februar 19 83 . MARIAN K. KARR, ACTING CITY CLERK Printers fee $ tom/ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN L 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 attgched, was published in said paper 62ivnF . time(s), on the fol- 172 ol- io g date(s): Cashier Subscribed and sworn to before me this day qk A.D. 19 / Notary Public No. /0-?r3AN G OFFICIAL PUBLICATION :'QIpIMNCE NO. 81-1099 ORDORDINANCE y CHWASI THE USEgREGUJkTIO TA0i CERTAIN RB PROPERTY LOCATED AT 505 BURLINGTON STREET F" CI TO RM BE IT OAOAINEO BY THE CITY COUNCIL OF THE CITY Of INA CITY, LONA: SECTION I. That the property dil teles is eWnEE�iassifio fru Iia Preset <laasl(i<etipn of CzJ ASA,. and the Boundaries of the AM tone as Indicated upon the Baling sap of the City of Iowa City, lova, 'shall be enlarged to include the property loc4ted at 505 Burlington Street and lagallY deur Nd as fol tor: CoNevenciN at the southeast Corner of Outlat 36 of the .nisi M1 tow of for va City, lo; tierce north 0 ORD' along the east Lina Of the seed, outlet N for distance of 30 81 feet; thyme. north 99ASo' ..at, 171.49 feet along thOloorth Itw of tan said Outl9t IG; thence vvekoahaO�A �00SU IaatgaloMttMhsouthsllM o(e Ne s0{D�gutlot M to LM pm nt of Ngl nnl rry. SFCTIOIf91. - TM Bui ldiM Inspector la hereby auffioir i`edaM diractN to cMhge tie tom ng nap of the City of low City, law, tu eonfotn to this aslcle4ht yon tan final preseggRP approval and publicoti Un 0f this ordinance as p,6vidad Dy lay. SECTION 111. THe Cityy Clerk is Nareby authorno,1 �� to cartl}y a copy of this ordinance to the County Recorder of Johnson County, lua, upon fina4 passage and publication as providad by law. SECTION IV. REPEALER. All ordinances and parts of perces o con .. Nit. LN provislu of oris ordinance an Mfaby repeated. N2" V. SEVERAOILIT'. It any. section, prov sir or M c7 tan Ordioeza shall be ag1udgN to N invalid or unconstitutional, such .judication shall not affect the validity of the Ordinance as A want. e y section, provision or part thereof net adfud AHI invalid or unconsti- tutional- SECTION VI EFFECTIVE DATE. This 0ryinanoe shall n e aC d r s dal passa40 aj7.1 alk publication as Muirel by lar. *yr...i Passed and approved this 4th day.of Amery, 1981. art' �A lAAe3 J L -ATYMi..*-.-J� , b6 .. . L January 11, 1993 ORDINANCE NO. 83-3100 AN ORDINANCE IMPOSING A HOTEL AND MOTEL TAX IN AND FOR THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. HOTEL AND MOTEL TAX. There is hereby imposed a hotel and motel tax at a rate of five percent (S%) upon the gross receipts from the renting of any and all rooms, apartments, or sleeping quarters, in any hotel, motel, inn, public lodging house , rooming house or tourist court, or in any place where sleeping accommodations are furnished to transient guests for rent within the corporate limits of the City of Iowa City, Iowa, all as defined, allowed, and provided for in Chapter 422A of the Code of Iowa, and subject to the limitations, restrictions, conditions, provisions and penalties contained therein. SECTION II. IMPLEMENTATION. The City officers are hereby directed to take such procedural steps as are necessary to accomplish the imposition of the hotel and motel tax on April 1, 1983. SECTION III. REPLEALER. 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 in- valid 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 V. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 4th day of January 1983. IM&W C. -RJ I dut I I.Lu // MARY C. UHAUSER, MAYOR ATTEST: %%9n� ire% -A NJARIAN K. KARR, ACTING CITY CLERK S It was moved by Balmer and seconded by Perret that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhasuer x Perret First consideration 12/7/82 Vote fmr passage:Ayes: Dickson, Erdahl, McDonald, Neuhauser, Balmer. Nays: None. Absent: Lynch, Perret. Second consideration 12/21/82 Vote for passage: Ayes: McDonald, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: none. Absent: Neuhauser. Date of publication 1/12/83 Received & Approved by The Legal De artment b -a 4 CITY Or' CIVIC CENTER 410 E. WASHINGTON ST. STATE OF IOWA SS JOHNSON COUNTY OWA CITY IOWA CITY, IOWA 52240 (319) 356-5� 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. 83-3100 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of January 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 12th day of January , 19 83 . Dated at Iowa City,•Iowa, this 10th day of February , 19 83 . MARIAN K. KARR, AC I INU CITY CLERK 1 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 time(s), on the fol- lowi g datelsl: aU Cashier Subscribed and sworn to before me this day o A. D. 19 i /Notary Public No. �ix/ '� le%# -J JUL/>fIJ1YW1:fR m.Y OFFICIAL PUBLICATION ,ORDINANCE. NO. Bi 3100 MOTEL TA%N„ AND FORITHE CITYOFIOWA CITY, JOHNSON COUNTY, IOWA. CEI 0 OWN U BY TOHYEACOUNCIL OF THE SECTION It. IMPLEMENTATION.The City officers are hereby directed to take Such proce- dmrpaols,tionsof the are and moteltaa oo Aprilhl 1y63. SECTION 111. REPEALER. All ordinances and of this ofordinances are hereby repealed provision SECTION IV. SEVERABILITY. Aany section, provision or part of the ordinance shall he ad- luo9ed to be invalid or Unconstitutional, such 3d l udicat,on Shall not affect me val,dity of the ordi irof jle or ial inatheenot adjudgedudgednvd or unconsflulol- SECTION V. EFFECTIVE DATE. This ordr approval and publil be in cation aect srequirer its d by lawage. Passed and approved this On day of January, C. NEUHAUSER, MAYOR fan K. Karr, Acting City Clerk January 12, 1983 ORDINANCE NO. 83-3101 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 302-314 S. GILBERT STREET AND 417 E. BURLINGTON STREET FROM C2 TO CBS. 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 CBS, and the boundaries of the CBS zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 302-314 S. Gilbert Street and 417 E. Burlington Street which is legally described as follows: Lots 1, 2 and the west 40 feet of Lots 6, 7 and 8 in Lyman Cook's Subdivision of Out Lot 25, Iowa City, Iowa, according to the recorded plat thereof and the north 230 feet of the 20 foot alley running north and south through Lyman Cook's Subdivision of Out Lot 25, Iowa City, Iowa. 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. 7 2 SECT] VI. EFFECTIVE DATE. This Orgy.—nce shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 15th day of February, 1983. W YOR ATTEST: 21) ACTING 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 First consideration Vote for passage: XXXXXXXXXXXXXXXX BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Second consideration 2/1/83 Vote for passage: Ayes:McDonald—,Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: Lynch. Date published 2/23/83 Received' & Approvnd By the Le;,lal Department Moved by McDonald, 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 and the ordinance be voted upon for second consideration at this time. Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: Lynch. CITY Cir CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ C ITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, 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. 83-3101 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of Februar ,1983 , all as the same ec appears of record in my office and publishede in the Iowa City Press - Citizen on the 23rd day of February , 19 83 Dated at Iowa City, Iowa, this 6th day of June ,1983 Marian K. Karr, 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 at hed, was published in said paper tial on the fol - !X e(s): a Cashier Subscribe1d� and swo�r eto�before me this � day of `i �/►J , A.D. 19� G/t/ 41 Notary Public No.'ITS, &Z . MUSAMWAR OFFICIAL PUBLICATION ORDINANCE NO. 83 MOT ORDINANCE AWADING THE ZONING ORDINANCE It CIGNGING THE USE REGULATIONS OF CERTAIN PROPERTY L FATED AT 302-314 S. GILBERT STREET AND 417 t� BURLINGTON STREET FROM C2 TO CBS. BE IT ORDAINED BY THE CITY COOKIE OF THE CITY OF IOWA CITY, MA: SECTION i. That [M property Eescri Des weld is M y reclassifled fro. its present classification of C2 to CBS, aha the boundaries of the MS zone as in4114ted upon the zonilq hep of the City of lova City. Ida, shall te enlarged to incluse the property located at 302-314 S. Gilbert Street aha 410fol dew rl i ngton Street Mich is legally described Lots 1, 2 and the west 0 feet of Lots 6, 2 aha B denLy.an Code's subdivision of Out Lot 25. laws City. Ida. accorrding to the reworded plat thereof and the north 230 feet of the 20 toot alley running north and south through Linen Coot's Subdivision Of Out Lot 25, Ida City. Ida. IEC TI L. The Buiidin Inspewtor is evi as her and dlrewted to cMnge the ... i, a,sp Of the City of low city. low, to eonforw to this deendsent upon the final pes"p. approval and Robllutl9n of this ordiglrce as provided by law. SECTION I. The City Cleft is isrey autheri xed aha to eMtify a early of this ordlMMe in the County Recorder Of Johnson County, Iowa, upon final PISON0 and publication as Provided by Iw. SECTION IV. REPEALER. ATI ordilt..' and parts of —rainines h con Ct with the provision Of this Orli nerve are hereby regaled. ASE�� sEVERIBILITY. If aha section, Rlm of VA"Ir the Ordinance shall M :djudgd to be Invalid or UnCan[tlt.tional, Sieh j0dicatloo shall at affewt the validity of the Ordinaso, as a whole or airy section, provision or Ore thereof not adjudged invalid or uncoosti- tutlonal. ISFCl ION V1. ER ECTI Yf DATE. This Ordinance >hall i�7%K r-TC—r Tts 7Tna1 gssaye, eppriival and publication as required by law. Yelled •M agroved his 15th day of iepruary, 1981. ATTEST:?Y9Tkv FWUarY 23, 1983 ORDINANCE NO. 83-3102 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTH OF RALSTON CREEK VILLAGE AND EAST OF GILBERT STREET FROM C2 TO CBS. 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 CBS, and the boundaries of the CBS zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located north of Ralston Creek Village and east of Gilbert Street which is commonly known as the Iowa City pipe yard and is legally described as: Lots 3 and 4 in Lyman Cook's Subdivision of Outlot 25, in Iowa City, Iowa. 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 I5th day of February, 1983. J YOR ATTEST: 4c� 7 CITY CLERK J 0 It was moved by Balmer and seconc byLynch that the Ordinar as read be adopted and upon rc.._ ral1 there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 1/18/83 Vote for passage:Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. Second consideration 2/1/83 Vote for passage:Ayes: Perret, Balmer, Dickson, Erdahl, McDonald, Neuhauser. Nays: None. Absent: Lynch. Date published 2/23/83 /to CITY Cir IOW/-\ CIVIC CENTER 410 E. WASHINGTON Sr. IOWA CIT`(, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000. I, Marian K. Karr, 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. 83-3102 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of Februar ,19 83 , all as the same appears of record in my office and published in the Iowa City Press - Citizen on the 23rd day of February , 1983 Dated at Iowa City, Iowa, this 6th day of June ,19 83 Marian K. Karr, City Clerk Printers fee $a 1 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 (jf/)3�_ time(s). on the fol- low' g datelsl: Cashier Subscribjq and sworto before me this day of — A.D. R..4iy� 83 __tary Public No. I Z3 1 (U7— a WUfUtYMAKER l - OFFICIAL PUBLICATION ORDINANCE NO. 83-3102 ORDINANCE NIENBING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTH OF RALSTON CREEK VILLAGE AND EAST OF GILBERT STREET FROM C2 TO CBS. BE IT ORDAINED BY THE CITY COUNCIL OF THE Cl TY OF IDM CITY, IOAM: SECTION 1. That the property Mscribed Mlw is ne�y--)assifiM fr its pnaant classification of C2 to CBs, and the toundaries of the CBB zone as indicated upon the liming aap of Ne City of law City. low, snail M enlarpeE to include the property located narth of Rat Ston Creak VI llage and eest of Gilbert Stmt which is ceawonly known as the IaM City pipe yarp aha is legally descriMd Lots 3 and a in Lyman Conk's Subdfvision of Outlet 25, in Iowa City, Iowa. SECTION II. The Building Inspector is thereby aufnr tf t _,wv1 directed to change the zoning wp of toe City of Iowa City, I., to confon to this awnd•ent upon the final nassage, approval and publication Of this oraiMMe as preefdpd by law. SECTIM III. The City Clerk is hereby autherizea and -di recte� to certify a copy of Nis ordinance to the County Recorder of Johnsen County, low, upon final passage and publication as provided by iw. SECTION IV. REPEALER. Al ordinances Said parts of or nances n con ct with the provision of this ordinance are Hanby repealed. SECTION V SEVERABILITY, If a" section, Prov s m or per o the Ordinance shall be aOjudW to M invalid or unconstitutional, such ajudicatim shall Out affect the validity of the Ordinance as a Neale or any section, provision or poet tMreof not adjudged invalid or ud mdj - tutional. SECTION Vl. 1?FIrTl' O* This Ordinance shall F T; ec a ter s al passage, Spin raval aha publication as repuirW by Ida. Passed AM approved this 15th day of February, 1983 -WA 100 ALI 21 ATTEST: February 23, 1983 ORDINANCE NO. 83-3183 AN ORDINANCE VACATING ALLEY RIGHT-OF-WAY PLATTED IN LYMAN COOK'S SUBDIVISION OF OUTLOT 25, ORIGINAL TOWN. 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 use as a street: Commencing at the northwest corner of Lot 1, of Lyman Cook's Subdivision of Outlot 25 of the Original Town of Iowa City, Iowa, as recorded in Deed Book 16, page 93 of the Records of the Johnson County Recorder's Office; thence S 00100100" W (an assumed bearing) along the west line of said Outlot 25, 155.00 feet to the northwest corner of Lot 3 of said Outlot 25; thence S 89°53'27" E, 149.71 feet to the northwest corner of said Lot 3; thence S 00°02'00" E, 75.00 feet to the southwest corner of said Lot 3 as the Point of Beginning; thence S 89°53'27" E, 20.00 feet to the easterly line of the platted alley; thence S 00°02'00" E, along said easterly line, 75.00 feet to its intersection with the extended southerly line of Lot 4 of said Lyman Cook's Subdivision; thence 89°53'27" W along said southerly line, 20.00 feet to the southeast corner of said Lot 4; thence N 00°00'00" E, 75.00 feet to the Point of Beginning. SECTION II: The above-described piece of land will be subject to the easements and restrictions of record. SECTION III: This ordinance shall be in full force and effect when published by law. Passed and approved thisl5th day of Februar 1983. AYOR ATTEST:Q,,�„�� AC ING CITY CLERK rsc_Ived 8, Apprcvc:-1 PypnTh3 Lcgal D'crartrn-nl Ordin No. 83-3103 Page It was moved by McDonald , 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 1/18/83 Vote for passage:AYES: Erdahl, LTnch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Second consideration 2/1/83 Vote for passage: AYES: Dickson, Erdahl, McDonald, Neuhauser, Perret, Balmer. Nays: None. Absent: Lynch. Date published 2/23/83 iz CITY CSF 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, 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. 83-3103 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of February ,19 83 , all as the same appears of record in my office and published in the Iowa City Press - Citizen on the 23rd day of February , 19 83 Dated at Iowa City, Iowa, this 6th day of June ,1983 � � �� Marian K. Karr, City Clerr k Printers fee 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 a shed^, was published in said papa t!. time(s)..on the fol- 1date(s): Subscribe and swo n to before me this 0day of A. D. J Notary Public No. ( A [(0 JUUaLAVmmEn l' OFFICIAL PUBLICATION i. ORDINANQ tjo. Qt3M .Ni ORDINANCE 100MCATIN11 ALLEY p(GNl-OFiNY PUTTED IN TO" . COONS SUgll OIRLOT 25, ORIGINAL CE IT ORDAINED BY THE CITY COUNCIL OF ION CITY, Uma: ECT10N I: That CNa follovi,g dascHbad right -of - City' lava., iz MrybY. vested for uae as i street: Caasarciig at tM oofth st corer of tot 1, of Lyase Cook's Subdivision of Wtlot 25 of j. tM Original Talop City. of loCity. low, as n fdduul. in Da -d Book IGof t4f Johnson , Page 93 of the ORtieas thane 5 WOO.W(an "u N yeCazssuuadd 25. Marinp3WalfMt to tM northwst torn-' Ofst lina of said Lot II 3 of 55ssaid Outlot 2s; then- 5 89.53'27' E, 149.71 fast to the; rOn"st corner of said Lot 3; tMm'e 5 00002'00° E, 75.00 fast to tM j� southeast tamer of said Lot 3 as tha Point of li Beyiontrgc thane -S B9a53'2]" E. 20.00 fast to tM-ast*0y T1n- of tM platted alley; tMnce S 00"02'00° E. alms said east-rly line, 75.N 1 fast to its into—s.....,.. _ 'o htvly' ]in.. 20:00 fasE to the'sautMatt L corner of soldLot4; [Mote X90°00'00" E 75.00 Past to inn,Point of asainalig. , SECTION II: TM above-desceitad pi -c -'of land X11 s set to tM ---¢Yeats and restrictions of record. SECTION 111; This OMiad a shall N in full forc- an - K Khan Pwlisaed by lav, Passed aha 4PPMAd this l5thday of February 1903. , ATTEST:. February 23;.1983 ORDINANCE NO. 83-3104 AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS, CHAPTER 32 OF THE MUNICIPAL CODE, BY AMENDING LANGUAGE REGARDING ISSUANCE OF BUILDING PERMITS, ADDING A PENALTY SECTION AND PERMITTING THE FINAL PLAT TO INCLUDE PART OF THE PRELIMINARY PLAT IN CERTAIN CIRCUMSTANCES ONLY. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the Subdivision Ordinance, Chapter 32 of the Municipal Code, by clarifying the language regarding issuance of building permits, adding a penalty section and permitting the final plat to include part of the preliminary plat only upon Planning and Zoning Commission recommendation, and City Council approval. SECTION II. AMENDMENT. The Subdivision Code of the City of Iowa City, Iowa, is hereby amended by the following: A. Section 32-5. Issuance of building permits restricted. This section is hereby amended by deleting both 32-5(a) and (b) and substituting therefore the following: Where a subdivision is required by this chapter no building permit shall be issued for construction on any lot, parcel, or tract unless and until a final plat of each subdivision has been approved and recorded in accordance with this chapter, and until the improvements, with the exception of sidewalks, required by this chapter, have been accepted by the City. Section 32-8. Selling before approval; penalty; suits by municipalities. The following section is hereby added to the Subdivision Code of the City of Iowa City: Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any person or persons, as owner or agent, to agree to transfer or sell or to transfer or sell, any land which forms a part of a subdivision for which City Council approval is required pursuant to the 13 Ordinance No. 83-3104 Page 2 requirements described in this Chapter, before final .subdivision approval has been granted. Each lot disposition so made shall be deemed a separate violation. In addition to the foregoing, the appropriate authorities of the City of Iowa City may institute injunction, mandamus or other appropriate action or proceeding to prevent any pending sale or transfer, or to prevent any further sale or transfer in violation of this Chapter. C. Section 32-39. Specifications. This section is hereby amended by deleting 32-39(a) and substituting therefore the following: A. It may, upon Planning and Zoning Commission recommendation and City Council approval, include a portion of the development illustrated on the preliminary plat, if that portion can function as a separate development, including access and utilities. 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 15th day of February, 1983. 0 ATTEST: ,i{yOnin ) am , CITY CLER Received w App; cved By 4r+e Legal Daparknien, �a7P� /�izfFrz 9 Ordir ! No. 83- 3104 Page 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 DICKSON x ERDAHL x LYNCH —x— MCDONALD mss— NEUHAUSER x PERRET First consideration 1/18/83 Vote for passage:AYES: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Second consideration 2/1/83 Vote for passage:Ayes: Erdahl, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Lynch. Date published 2/23/83 1S CITY OF CIVIC CENFER 410 E. WASHINGTON ST STATE OF IOWA ) SS ) JOHNSON COUNTY ) OW/-\ C ITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Marian K. Karr, 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. 83-3104 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of Februar ,19 83 , all as the same or appears of recd in my office an pu lisped—in the Iowa City Press - Citizen on the 23rd day of February , 1983 Dated at Iowa City, Iowa, this 6th day of June 19 83 Marian K. Karr, City Clerk Printers fee alt:—v--. CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN 1. Bronwyn S. Van Fossen, being duly sworn, say that 1 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�j cvheyd�, was published in said pap _(jYJ� timelsl. on the foi- IQW datelsl: if Cashier Subscribed and sworn to before me this � a05 d�Y of� . A.D. 19 („f2! w �i-, - Notary Public No.I��J�� I `0 OFFICIAL PUBLICATION ORDINANCE NO. 93 3104 AN OROINAMCE AMENDING THE wUjY15(3N REW"TIOMS, CHAPTER V Of THE MUNICIPAL CODE. 31 AMEMOING IANGDIGE REGARDING ISSWNCE of BUILDING PEANITS, ADDING A PENALTY SECTION AND PERMITTING THE FINAL PUT TO IKaNE PART Di THE PRELIMINARY PUT IN CERTAIN CIRCptSTAMCES ONLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IMA CITY, IOWA. SECTION I PERPoSE. The purpose of this Minance sT jFe SuTaivision Ordisoce, Chapter U of the Nuniclpal Code, by clarifYiN the I-Heunle radii issuaneg oheetg ySection am "emitting the fnlPlaaEd 'de, Dart of.te Pnlbieery plat only upon Planning am Zonip Cass ion rScoSeSmation, and City Council approval. SECTION II AHEWMFNT. The Subdivision Code of ig-IT{y orT�--Ufyy. IoW, is thereby Seemed by the following: A. Section 32-5. Issuance of building perm'[, restricted. This section is hereby eeended by deleting both 32-5(a) and (b) am $WstiWting [herefore the follwring: Where a subdivision is required by th's chapter He building berate shall be issued for construction anany lot, parcel, or trAU unless am until a final Plot o1 dash sumiv'also be, Men ApproYed am raCordm In accordance Vt[A this Cbaphr, am until the aproveean[s. With to Accept, 0. of siarailks, ra,,red by Lola e%,Ul, neve bear AccePted by the City. B. section 32-8. Selling before approval; - Penalty. 0 1Mirnfp suitsby bis Herebyaddedto the Sumivisfon Code of the C,by of IoW City: FAcapt purswn4to an agreeaent expressly camitioeed on froal s0di0lion approval, it Gell be unlieful for any person or persons, as mlep r or ent. W agree to transfer orsell or to transhr or sell, any lana which f Seas apart of A sWdivi sloe for Yhich City Councll approval is reguired pursuant to ine reyutrwnts daecriea in this Chapter, safaris fin.] aMiViaion approval nes been grmtm. Each lot disposition so no, shall be dessad a separate violation. In amnion W to forethe Appropriate authorities of the City of law City eaY iMtftute 'n)unctlon, eemaauS or other appropriate action or prncemip W p/greet a" pamip sale or transfer of W p 4 AMry8 further Sale or transfer in Vio WAY d this Chapter. Section 32-39. Specifications- This section Is hereby Seemed by deleting 32-n(a) ..it substi tuti nap tbefore the fol lost ng A. 1t. say, upon Planning and ZoniN Cossiseion rncoSeendetion and City Council approval, include A portlon of the develoPeen[ illustrated on the prelininary plat, if,that Portion can function as a separate development, im)WI N acus, and utilities. '-idl III. REPEALER. All ordinances em Parts Pa{Repcey {—n conl'l ice vl tb We Drovision of .. a OMI MMe are Harvey MPea lm. ,,'TION IV. SEV[PABILIIYif ay section, . s ar o -FT i Wr or'te Ordinance shall e ndjudped to a invalid or unconstitutional, such Jeyudication shall not afbct to validf Ly of the Ordinance as a YMM1a or any sation, provision or Part thereof not WJudpd invalid or uncansti- tutionol. CION V. EFFECTIVE DATE. this Ordinance shall DeIn e-� es�jfteIts finnal passage, approval and Out lfcation Sc requirm by la,r. Passed am apprevm this 15th day of February, 138: OP ATTEST: February 23, 1983 ORDINANCE NO. 83-3105 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED IN THE 400 BLOCK OF S. VAN BUREN STREET FROM C2 TO R3A. 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 R3A, and the boundaries of the R3A zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located in the 400 Block of S. Van Buren Street and legally described as: Lot 26 in Block 6, Lyons 2nd Addition to Iowa City, Iowa, according to the recorded plat thereof. 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 1st day of March, 1983. V VI.CLI-U YOR ATTEST: 2� "e• s. 1' —ACTING CITY CLERK �Iecdi reel A•;.r. '''p 1 By 73 a i:;,ai apa>t�ttent A6 2 It was moved by Balmer , and seconded by Lynch that the Ordinance as read be adopted and upon roll calT there were. C AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 2/1/83 Vote for passage:Ayes: Balmer, Dickson, Erdahl, McDonald, Neuhauser, Perret. Nays: None. Absent: Lynch. Second consideration 2/15/83 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Erdahl, Lynch. Nays: None. Absent: Dickson. Date published 3/9/83 17 CITY OF. 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, 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.83-3105 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the lst day of March ,1983 , all as the same appears of record in my off7ce an publish de Tin the Iowa City Press - Citizen on the 9th day of March , 19 83 Dated at Iowa City, Iowa, this 6th day of June 19 83 Marian K. Karr, City Clerk Printers fee $1/_� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I. Bronwyn S. Van Fossen. being dul} 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 paj//jj�pe2��1r —tQ� titimelsl.o1Yn the fol- Cashier Subscribed and sworn to before me this 4v day 0f� A. D. 19, Notary Public iLAYNAKER OFFICIAL PUBLICATION ORDINANCE N0, 63-3105 ORDINANCE MENDING THE ZONING ORDINANCE BY ONA,,IM THE USE REGULATIONS Of CERTAIN PROPERTY LOCATED IN THE apo BLOCK OF 5. VAN WREN STREET FROM CZ TO RDA, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INA CITY. IOWA. SECTION 1. That the property descri Dell helow is Nrre y reclassified froa its present classir;ution Of C! to RIA, and the Dwndaries of the AM zone as indicated upon the aonirg sap of the City of Iowa city, love, shall de enlarged to include the property Totaled in the 400 BIwA of S. Van Buren Street and legally descriasi As: Lot M in Block 6, Lyons Ind additfae to low City. Iowa, according to the recorded plat thereof. S5EEDTIDN I��. The Building Inspector is her", ddENorW am directed to Charge the toning W of the City of low City. Iowa. to Cpnfo, to We I alaendaent upon the final passage, aPP,ow.) and pul,licatfon of this ordinance as provided by law. SECTION ql NEI. IN City Clerk is MreeY aUtMriud end rK to certify a copy of this oMiN. to the County Retarder of .jOhn,an County, Iowa, upon final passage and publication as provided by law. 1 SECTION IV REPEALER. All ordinances and parts of j o nancea n con ct ri Oh [M Drovi )ion o! this ordinance are heresy rapes lea SECTION VINABILITY. If any .section, prov s on dr part o the Ordihce shall Ee +djudgd to M Imalld or urcanattwtsonal, uch ajudicatlon shall as affect the Validity of�tMf OMinance as a Mole or any section, provistan or Part thereof not adjWWd invalid or ..nst1 tut Tonal. SECTION DAff, � VZ. EEFVThis poce nandIne eeQ—r7_sn,.l passage. APyval and Publication as s rpul red DY Tau. Passed and approved this 11t day of March, 1903 { �u„1,1 'la once .• a. �1 �f ATTEST: Jy�,ye / ..,,l�",,�� 7t"I'I�ti'ITtitkkMarch 9, 1987 ORDINANCE NO. 83-3106 ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN OF WALDEN RIDGE, PARTS 1, 2, 3 AND 4, IOWA CITY, JOHNSON COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. The final PAD plan of Walden Ridge, Parts 1, 2, 3 and 4, submitted by Braverman Development, Inc. is hereby approved, and described in Attachment A, B, C and D. SECTION II. Alterations from current zoning ordinance requirements which are approved as part of the PAD plan consist of the following: (a) a waiver of the requirement that a lot front upon a public street or an officially approved place; (b) averaging of the overall tract density between portions zoned R3 and portions zoned CH. SECTION III. This ordinance shall be in full force and effect when published 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 ajudicati.on 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 8th day of March, 1983. a MAYOR ATTEST: , k� �. A V CITY CLE K J'q It was moved by McDonald , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there a were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 3/01/83 Vote for passage: yes: eu auser, Perret, Balmer, Dickson, Lynch, McDonald. Nays: None. Absent: Erdahl Second consideration XXXXXXXXXXXXXXXX Vote for passage: Date published 3/16/83 Moved by McDonald, seconded by Dickson, 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 waived and the ordinance be voted upon for final passage at this time. Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Reeelved IA Approved By Tie Legal Department 04 i�- Y3 /9 ATTACHMENT A Boundary Description Walden Ridge, Part 1 A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian described as: Beginning at the northeast corner of the northwest quarter of the southwest quarter quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S 0°38'44" E, 302.00 feet along the east line of said quarter and the centerline of Mormon Trek Boulevard; thence S 89°21'16" W, 78.43 feet; thence westerly 83.70 feet along a 304.49 foot radius curve concave northerly to a point that lies N 82046'14" W, 83.44 feet of the last described point; thence N 74°53'44" W, 145.31 feet; thence southwesterly 129.89 feet along a 79.17 foot radius curve concave southeasterly to a point that lies S 58006'16" W, 115.80 feet of the last described point; thence S 11006'16" W, 51.00 feet; thence N 82°08'44" W, 50.08 feet; thence N 11"06'16" E, 53.84 feet; thence northeasterly 65.94 feet along a 129.17 foot radius curve concave southeasterly to a point that lies N 25°43'46" E, 65.23 feet of the last described point; thence N 49°38'44" W, 24.48 feet; thence N 17°38'44" W, 134.55 feet; thence N 85°21116" E, 127.51 feet; thence N 32°38'44" W, 57.40 feet; thence N 59036'16" E, 86.61 feet; thence N 89036'13" E, 107.42 feet; thence N 90000'00" E, 198.35 feet to the point of beginning. Said tract contains 2.80 acres more or less. W ATTACHMENT B Boundary Description Walden Ridge, Part 2 A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth 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 Fifth Principal Meridian; thence N 90000'00" W, 198.35 feet; thence S 89036'13" W, 107.42 feet; thence S 59°36'16" W, 86.61 feet; thence S 32038"44" E, 57.40 feet; thence S 85°21'16" W, 127.51 feet to the point of beginning; thence S 17038'44" E, 134.55 feet; thence S 49038'44" E,'24.48. feet to the Walden Road right-of-way; thence southwesterly 65.94 feet along a 129.17 foot radius curve concave southeasterly to a point that lies S 25°43'46" W, 65.23 feet of the last described point; thence S 11006'16" W, 53.84 feet; thence N 82°08'44" W, 331.31 feet; thence N 4°41'04" W, 184.79 feet; thence N 85021'16" E, 323.59 feet to the point of beginning. Said tract contains 1.74 acres more or less. .V/ ATTACHMENT C Boundary Description Walden Ridge, Part 3 A tract of land in the southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth 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 Fifth Principal Meridian; thence N 90°00'00" W, 198.35 feet to the point of beginning; thence S 89°36'13" W, 107.42 feet; thence S 59°36'16" W, 86.61 feet; thence N 32°38'44" W, 52.47 feet; thence N 2037'46" W, 81.59 feet; thence N 48°38'44" W, 73.00 feet; thence N 7°51'16" W, 226.24 feet to the Westwinds Drive right-of-way; thence N 65°59'20" E, 98.00 feet; thence easterly 177.98 feet along a 261.48 foot radius curve concave southerly to a point that lies N 85°29'20" E, 174.57 feet of the last described point; thence easterly 156.55 feet along a 597.96 foot radius curve concave northerly to a point that lies S 82°30'40" E, 156.10 feet of the last described point; thence N 89°59'20" E, 38.40 feet to the Mormon Trek Boulevard right-of-way; S 0°13'31" E, 204.09 feet; thence S 79°04'33" W, 110.88 feet; thence N 77°55'27" W, 50.56 feet; thence S 0°13'31" E, 172.22 feet to the point of beginning. Said tract contains 3.28 acres more or less. a-?- ATTACHMENT D Boundary Description Walden Ridge, Part 4 A tract of land in the southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth 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 Fifth Principal Meridian; thence N 90°00'00" W, 198.35 feet; thence S 89036113" W, 107.42 feet; thence S 59°36116" W, 86.61 feet to the point of beginning; thence S 32°38'44" E, 57.40 feet; thence S 85°21'16" W, 451.10 feet; thence N 4° 41'04" W, 374.96 feet to the south line of Lot 6 of Aspen Lake Subdivision; thence N 85°00'50" E, 72.97 feet; thence S 25017'38" E, 75.68 feet.; thence N 0°13'31" W, 197.35 feet to the Westwinds Drive right- of-way; thence easterly 239.96 feet along a 225.00 foot radius curve concave northerly to a point that lies S 83°27'29" E, 228.75 feet of the last described point; thence S 7°51'16" E, 226.24 feet; thence S 48°38'44" E, 73.00 feet; thence S 2°37'46" E, 81.59 feet; thence S 32°38'44" E, 52.47 feet to the point of beginning. Said tract contains 3.72 acres more or less. 73 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, 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. 83-3106 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of March 1983 , all as the same appears of record in my ofMCe an publis a in the Iowa City Press - Citizen on the 16th day of March , 19 83 Dated at Iowa City, Iowa, this 6th .day of June ,1983 Marian K. Karr, City Clerk Printers fee $ � �8 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 attpched, was published in said paper SP Yl L time(s), on the foi- 1 ing date( 1: ier Subscribed and sworn /�too� ��beffore me this a y of )&Mit�.D. Notary Public No. r,; a •wYiLA • ('.. I . '�rniREB ATTACNNW D tluun,i"rte Gescr iPtion Walden Ridge, Part 4 of lam he in tso tARest quarter of Advil M tie nortlymas"quarter of quarter of Section 17, Iehfoah p 19 Vest of the fifth Principal meridian Compacting at the northeast corner of the northeast go rter of the southeast quarter of Section 17, TwnsMp 79 North, Range 6 West Or the Fifth Prfmiwl meridian; thence N WM'OO' W, I%L 36 feet; thence 5 69636'13" W, 107.42 feet; therce S 59636'16" W, 66.61 feet to the wird, of Chance b af-am"N- t, Sa.i Test. theme 6" N, 451.10 feet; thence N 04-41'04" N, at to the south I lm of Lot 6 Of AspM Lake on; theme N 85000'50" E, 72.97 fee}; 25617'38" E. 75.46 feet; theme N W. 197.35 feet W the WeSWIMs Drive Way; theme easterly 239.96 feet along a at radius curve Concave northerly to a I. lies 5 83027'29" E, 228.75 feet of the -ibed point; thence 5 OF5l'15" E, 226.24 nee S 48638'414" E. 73.00 feet; theme 5 E, 61.59 feet; tMiFe 5 32038'"" E. to the went of MoftiaD. tract c.,tains 3.72 acres man or less. March I8, 1983 OFFICIAL PUBLICATION OROINANct N0. M3-3106 ORDINANCE A1PP11]VING THE PRELIMINARY ANO TIME PLANNED AREA DEVELOPMENT PUN of WALDEN RIDGE, PARTS 1, 2, 3 AND 4, ICA CITY, BONNSON CMRTY, IOWA. BE IT OROAINEO BY THE CITY COUNCIL OF IOWA CITY, IM SECTIO The final AM plan of Olden Binge, a s I 2, 3 AM 4, submittal by Braverman 0eveloient. Inc. is hereby, aPProl.d, and described In Attachment A. 8. C and 0. SECTION 11. Alterations from can t mniog o irnance equireeents Mich arm approved as part of the PAD plan consist of the folloving: (a) a maiver of the requirement that a lot front upon a Public street or an officially approved place; (b) averaging of the overall tract density betwen portions tonal R3 aha portions added CM, SECTIO III. This erefeance shall M in full force add. 7ecf Shen pub li shad by law. SECTIO IV. REPEALER. Ali pcoin.oca, aha parts of d inanons t1 conflict With the provision 0f this ordinance are hereby repealed. SECTIO v. SEVkRABI LITY. if any section, props on or par OF the Ordinance shall he adjudged tdhe invalid or unconstitutional, such ajudnaticn snail not affect the validity of the Ordidence as a Mole or any section, provision or Part thereof not adjudged invalid or unconstitutional, SECTION Vt. EFFECTIVE DATE. This ONI Mnce shall n elpassage, publicationas required by lay. l approval and Passed aha Approved this nth day of March, 1953 -tAnstail�Ll ATTEST ,raNAlY1R AITMC K A Boundary Description Walden Ridge, Part I A tract of land in the northeast quarter of the s.uthwat quarter of section 17. T.c,hi, 79 North. Range 6 West of the Fifth Principal meridian descrlDM As. Beginning at the northeast corner of the northeast quarter of the southeast quarter quarter of Section 11, lommshlp n North. Range 6 Vest of the Fifth Principal Meridian; tierce 5 DOOM -ea- E, 302, 00 feet Along the east Ilse of said quarter and the r,otfflide of Mormon Trak Boulevard; tMnw S 59'21'16" V, 10, 43 feet; thahte masterly 83.)0 feet alonga 34M.49 foot radius cern concave northerly to A point that lies N 82-46'14" N, 83." feet of the last described point; thamre N 74-53'41" W. 145.31 (eel; thence sovthmae"rly 129.69 feet along a M,17 foot radius curve concave southeasterly to I paint that lye 5 58606'16" W, 115.80 feat of the last deacrlbal point; thence S 1X696'16" W, 51.00 feet; thence N 82608'"" W. 50.05 feet; Nance N 11x06' 16" E. 53.81 feet; theme northeasterly 65.94 feet along A In 17 feet radius curve concave southeasterly' to A point that lys N 25643'16" E. 65 23feet of tele last described point- thence -N 49'38'"" V, 24.18 feet; [Mnce it 17838'N" V, 131,X5 feet; thence N 85021'16" E, 122.51 feet; thence , N 32'38'"" W, 52.40 feet; thence N 59636'16" E. 86.61 feet; thence N 89636'13" Y, 102.41 feet; thence N 90000'00" E, 198.35 feet to the point of beginning. !aid tract contains 2,00 acres more or less. ATTACHMENT B Ibundsey Desc r l pt i on Walden Ridge, Part 2 A tract of IoM in the dertnuest quarter of soetnvest quarter of Section 12, T.nship 79 i, Range 6 West of the Fifth Principal Meridian 'red as. Commencing at the northeast corner of the hest quarter of the southwest quarter of on U. Tpmship 79 North, 'Range 6 West of the rincipal meridian; theme N 90600'00" W. 5 feet; thence S N9636'13" W, 1O7.4B feet; e S 59636'16' V, 86.61 feet; thence S '"' E. 57.40 feet: thence 5 W21.16" N, 11 feet to the Point of begimiilgi thence 5 Iva % feet: thence sawn.".. E_ C861 '91 434PW ONIN02 nrONINNVNd A110 VM01 naV13a33S'NV0aor 1Sa0H 'eM01 'A4UM:) mutlor 1'Ajlo em0i! epaqIpi ao s!V! 1I 'a3eld pUe aauq PRI011WW-1A Pd m 3o Aaq 01 AI!unwo WD6 a44 WA16 all IIIM'BUj,iM U, aIA led 3a BU14118'IUBW pU, W e pl26 BuluAa3u03 41 SSB3dxa u! palSa3Blul SU053ad 'e3tieulp3o Bulwz x41 BWpW WQ ua4M 'p,Jed BWpI!O0 !0 II0!SUddSIK a44 BWp"Bl" am:) 6uluo2 Bill to dLE'01'8 uDy3a5 04 4udlupwoug ue l0 31f0V EdsW 11 W d OE:L le'Iaa31S uo16u,M,M TB6 '433eeq kJ I!3unao 3010o DIA!I 441 un a4! u0 uo!ssil 3ppnd ORDINANCE NO. 83-3107 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 655 HIGHWAY 6 BYPASS EAST AND KNOWN AS FLEETWAY STORES. 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 M1 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 655 Highway 6 Bypass East and legally described as follows: A parcel of land commencing at the southeast corner of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, thence north 43.7 feet to the center line of U.S. Highway 6, thence north 69048' West 1,387.13 feet along the center of said highway, thence south 00°17' east 159.85 feet to the northeast corner of the tract to be described and the point of beginning; thence south '00°17' east 425.79 feet, thence south 87°39' west 240 feet, thence north 00°17' west 523.93 feet, thence south 69°48' east 255.95 feet to the point of beginning, as shown on the plat recorded in Plat Book 6, page 73, plat records of Johnson County, Iowa. 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 Ind 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 provision or part of adjudged to be invalid ajudication shall not a Ordinance as a whole or part thereof not unconstitutional. If any section, the Ordinance shall be )r unconstitutional, such fect the validity of the any section, provision or adjudged invalid or "-Zv'oe Orc ice No. 83-3107 Page '2 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 8th day of March, 1983. �u j I ATTEST: YYIw , -e. 4", CITY CLERK'S It was moved by McDonald , 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 x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 2/15/83 Vote for passage:Ayes: Balmer, Lrdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Absent: Dickson. Second consideration 3/01/83 Vote for passage: Ayes: Dickson, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. Absent: Erdahl. Date published 3/16/83 Received $ Appmvec! By Tile Legal Department -A6- as CITY OF. IOW/-\ CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5Ct00 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Marian K. Karr, 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. 83-3107 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of March ,1983 , all as the same appears of record in my office and publish�in the Iowa City Press - Citizen on the 16th day of March , 1983 Dated at Iowa City, Iowa, this 6th day of June 1983 7 -e �� Marian K. arr, City Jerk 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 ached, was published in said paper time(s), on the fol - ling datelsl; l / Q� Cashier Subscribed and sworn to before me this ik:: day of L -;� A.D. 19 l l LC_ Notary Public No. Z—,, Mj OFFICIAL PUBLICATION ORDINANCE N0, 53-3107 ORDINANCE AMEWEING THE 2ONIW ORDINANCE BY CHANGING. THE USE REWIATlON6 OF CERTAIN PROPERTY LOCATED AT 655 HIGHWAY 6 BEAMS EAST AND KNCABH AS FLEEUAY STORES, BE 17 ORDAINED Be THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ' SECTION I. That �t4i, �pioperty described tseloi'is bereUy reclassffiedf ffPA its present class Nlcatjon of Ml to C2, and! -thi bounderies of the C2 zone as indicated upon the zoning nap of the City,. OF Iowa City. Iowa, shall IN, enlarged to include the property located 6 6% Highway 6 Bypass East and legally described as follows: A parcel qf'f j edawro: i ng at the southwest corner Of secti8h 15, 7benship 79 North, Range 6. West of the SO Pr,l nti"I Mari dian, thence north a3.) feet to the aae If of U.S. Highway S. theme North 69°06 ANdt ?IE feet along the center Of said high th Wall east 15985 het to the � %i the treat a be'de [tined and cN pa T tamt,g; thence utn WAll' east £. Qt,':3 nee south er3B West 2ao feet; ABe19' vest 521.93'TaAt. thence begiDoth 6 It 255.95 feet to _tie point of nii i... hhei.tn the plat riiirdi in Plat Boot It .. ,:plat records of dphnson County, SECT IOM 'ITsia...A Building Inspector is hereby authof a dT[kRed to change the zoning .1 of the City of Ibve City. Iowa, Io c9nhrm to this easendNent elMlov, the final Passage, 'approval and publicatfai'4t'tnis ordinance as provided by. 1 SECTIOR I lf."'.jhe City Clers is Eereby authorised v& certify A copy of this ordinanceto the Comtty•Aetdrder of Johnson County, lows, upon final paetipe aha pool kation az papv(dad by lay. SECTION IV: REPEALER. All ordinances and parts of manses n con ct Nth the provision of this ordinance are hereby repealed. SECTION V SEVERABILITY. If any section, prow s an or part the ordinance shall he adjudge0 to be ihealid Or n,titptlonal, such ajudication shall not affect the v.1id1ty,.f the Ordinance as a whale or any section, provi{ion or part ^sti unconstitutional. 1. Not adjudged invalid on, SECTION VIE1'IC11VE OATS. TMs Ordinance shall fes[ as telt passage, approval and publication as required by law, passed and approved this 9th day df Harc h, 1953 ATTEST:Cy f;$. 1M'16, 1983 ORDINANCE NO. 83-3108 AN ORDINANCE VACATING PORTIONS OF THE RIGHTS-OF-WAY OF SUNSET STREET AND A FRONTAGE ROAD BETWEEN HIGHWAY 1 AND BRYN MAWR HEIGHTS PART 13. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. That the following described rights-of-way in Iowa City, Iowa, are hereby vacated: Parcel 1: Commencing at the SW Corner of Section 16, T79N, R6W; thence N88`58' 'E, 40.5 feet; thence N44° -44h' E 136.2 feet to a point on the northeasterly right of way line of Sunset Street and the point of beginning; thence northwesterly along said right of way line 124.7 feet on a 965.0 foot radius curve concave northeasterly; thence along said right of way line, N44° -59'W, 69.0 feet to a point on the southeasterly right of way line of Ashley Drive; thence N44°-33 3/4'E, 10.0 feet along the southeasterly line of Ashley Drive; thence S470 -2314'E, 193.6 feet; thence S44`44''W 10.1 feet to the point of beginning. Said tract containing 2,387 square feet more or less. Parcel 2: Commencing at a concrete monument which is the southwest corner of Section 16, T79N, R6W, of the 5th P.M., Iowa City, Iowa, and the point of beginning; thence N2° -36'10"E, 33.0 feet along the easterly line of lot 18, Bryn Mawr Heights Addition Part Thirteen; thence N33° -07'-40"E, 67.3 feet along said easterly lot line to a point on the westerly right of way line of Sunset Street; thence southeasterly 15.38 feet along the westerly line of Sunset Street and a 1035.0 foot radius curve concave northeasterly; thence S220 -34'- 06"W, 16.94 feet; thence S34° -56'-00"W, 15.80 feet; thence southerly 40.40 feet along a 70.5 foot radius curve concave southeasterly; thence S2° -06'-00"W, 12.75 feet; thence N88° -58'-20"W, 20.78 feet to the point of beginning. Said tract containing 1767 square feet more or less. SECTION 2. The above-described pieces of land will be subject to the following easements: Parcel 1: A storm sewer easement over the entire width and length of the property described above. Parcel 2: A utility easement over the entire width and length of the property described above. 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 15th day of March, 1983. ATTEST: 4kiz�) W/. ?1 ,, 4e .9/ CITY CLERK � gecx�ive�! �• i�rnrnvc�l By �/6ff`� Segal D9% rt,nent �2% It was moved Balmer , and secc..__d 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 3/01/83 Vote for passage:Ayes: Perret, a mer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. Absent: Erdahl. Second consideration 3/08/83 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: None. Date published 3/23/83 .29 CITY CSF 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, 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. 83-3108 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of March 1983 , all as the same appears of record in my office and publis a in the Iowa City Press - Citizen on the 23rd day of March , 1983 Dated at Iowa City, Iowa, this 6th day of June 19 83 Marian K. Karr, City erk 10 Printers fee /7-/ 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- ZL n ; F 423 Cashier rSubscribeo d swornto befoLe me sy of. �� ZJiA.D. 1959./ G Notary Public PPu�blic No. / ��/(CJ� it JUUsurRwlpt OFFICIAL PUBLICATION ORDINANCE W. 83-31M AN ORDINANCE VACATING PORTIONS OF THE RIGHTS-OF-WAY OF SUNSET STREET AND A FRONTAGE ROAD BETWEEN HIGHAkY 1 AND BRYN MAWR HEIGHTS PART 13. BE IT ORDAINED BY THE CITY. COUNCIL Of IRNA CITY. IOTA SECTION 1 That the following described rights�in Iowa City, low, an hereby vacated: Parcel is Caonenci nq at the SW Corner of Section 16, IT% REPO; thence N88°-S84'E, 40.5 feet; thence Naafi -44i E IM,2 feet W a pol rt n the northeasterly right of way line of Sunset Street and the point of beginning; thence northwesterly along said right of way lire 124.7 feet on a 965.0 foot radius curve concave iwrtheasterlyy; thence along said right of way line. WG -5 'W. 69.0 feet to a Dai nt O- the southeasterly right ofay line of Ashley Or IVO; thence N44°-33 3/4'E, 10.0 feet along the southeasterly line of Ashley Drive; thence S47° -2%'E, 193.6 feet; thence 544°- 44i3'O 10.1 feet to the point of beginning. Said tract containing 2,383 square feet more or less. Parcel 2� Commencing at a 'concrete --anent which is the southwest corner of Section 16, INN, q6W, of the Sth P.M. lova City. Iowa, and the point of beginning; thence N1i-36'10"E, 33.0 feet along the easterly lire of lot I8, Bryn Mawr Heights Addition Part Thirteen; thence N33° -07'-40-E. 67.3 feet along said easterly lot Line W a paint on the westerly right of way lice of Sunset Street; thence southeasterly 15.38 feet along the "hicerjy line of Sunset Street and a 1035.0 foot radius curve concave northeasterl ; thence S22° -34'-06"W, 16.94 fNt; thence SM - W-O'W, 15.80 feet; thence southerly 40.40 feet along a 70.5 foot radius curve concaee southeasterly; thence 53°-05'-OO"W, 12.75 feet; thence NBB°-58'-20"N, 20.78 feet to the point of beginning. Said tract containing 17EP7 sgwre feet -re or less. SECTION 2. The above-desc�ihed pieces of land will SY et W the following Awsawents: Parcel 1: A store SWef .,.,t over the entire width and length of the property described above. Parcel 2: A utility MsaaMnt Wer the entire width and length of the property described above. SECTION 3. This omina-e shall be in full force an when published by law. SECTION 4 REPEALER. Allordinawces and Parts o or rni—d ancesTn conflict with the provision of this ordinance are herebyy repealed. SECTION 5,_ SEVERABltt TY. If and section. provision Aron or pi^arr a Ordinance shell be ad}udped to he invalid or unconstl Wtional, sato a3u0icati onshall -t affect the validity of the Ordinance as a whole or any section, provision or Part thereof not adjudged Invalid or uncenstitutiowl. SECTION 6 EFFECTIVE NTE. This Ordinance shall-'&TlliK4'7[eTfts final passage, approval sen publication as required by law. Passed and approved this 15th any of March, 1983. INN 1 ,ftlY,�,.=I[AOL_ fix ATTEST. -T iRYt March 23. 1983 ORDINANCE NO. 83-3109 ORDINANCE AMENDING 935-35 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, TO REDUCE THE TIME REQUIREMENTS FOR NOTICE AND APPEAL SECTION 1. PURPOSE. The purpose of this amendment Ts to reduce the time requirements both for written notice of suspension or revocation of a taxicab license or driving permit and for filing written appeals of such action. SECTION 2. AMENDMENT. Section 35-35 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended as follows: 1) The preface of Section 35-35(b) is hereby deleted and substituted in its place is the following new preface of Section 35-35(b): A license or driving permit may be suspended or revoked by the City Manager upon seven (7) days notice. Such notice shall: 2) Section 35-35(b)(6) is hereby deleted and substituted in its place is the following new Section 35-35(b)(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 Clerk within seven (7) 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. 3) Section 35-35(c) is hereby deleted and substitued in its place is the following new Section 35-35(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 seven (7) 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. The filing of such petition shall stay any action taken by the city manager until final determination by the city council. Failure to request a hearing within seven (7) 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. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. provision or part of adjudged to be invalid ajudication shall not al Ordinance as a whole or part thereof not unconstitutional. If any section, the Ordinance shall be )r unconstitutional, such 'fect the validity of the any section, provision or adjudged invalid or 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 15th day of March, 1983. ATTEST: 2� ge CITY CLERK' Received & Appeovad By The Legal D^ eal3:r.2nl 3d 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: First consideration Vote for passage: x xxxxxxxxxxxxxxxx Second consideration xxxxxxxxxxxxxxxx Vote for passage: Date published 3/18/83 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: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: Lynch. 31 CITY Or IOW/-\ CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIN, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Marian K. Karr, 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. 83-3109 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of March ,19 83 , all as the same appears of record in my office and publisFe-Fi'n the Iowa City Press - Citizen on the 18th day of March , 19 83 Dated at Iowa City, Iowa, this 6th day of June 19 83 & 7e Marian K. Karr, City Clerk Printers fee s2 - 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 attached, was published in said paper _/�bM 0 / timelsl. on the fol - Eng date) ): ' - Cashier Subsscribeand sworn to b�efoJre me this CO-iblay of"CfoA n 19 SO - /� // �-� Notary Public No.IaEifl ` � iuu� OFFICIAL PUBLICATION OADIMANCE M0. 83-3109 ORDIMNCf AMENDING 6.35-35 OF TRE CODE OF OROIIMNCES M TME CITY OF TIM CITY, IM. TO REDUCE TME TIME REWIREPIENTS FON NOTICE AND .APPEAL SECTION 1. PURPOSE. IM purl ess of Nil aManFile nt slstareduce -f)ieiTN rpulrwents both for written notice of su'Wisn or revotati On of A taelcw license or driving grit am for filing .ritten oppeals Of even action. SECTION Z. AMENPIENT. Section 35.35 M the Coo Of names o City of Iowa City, I., is 4reby wan ed as f011ws: 1) The Preface Of Section 35-35(b) is harem daletw led substito w In its Pince is of following pee preface of Section 35-)5(0): A It.. w driving grapit say M as,"Pold or revokes by the City Msnegr Ng011 NAPM (3) days ratite. SUCK notice sM11: 2) Section 35-35(b)(6) Is Mrehy allow and sWoti Wtw In its place is CM following W Sectiw 35-35(0)(6): - IncluM a sUtawnt Nat LM hewer affected by each notice by rpgst, ant shall be new a hearing Mfore the city council. TM notice shell further state that a failure to rponst a hearing appwl with the CitCl rt withhin seth ven days oNsewic, Or w111N of sKit notice aha ONsr shell constitute a wivec Of Of right to a hearing aha that such notice shell bones, A final Mterai Mtiw am algin. 3) Section 35-35(c) is hereby delelod and 5Wttltwd in its place Is LM following naw Section 35-35(c): Arty Wder affect! by any notice or order my nouns[, AM shell lo granted, A Marirg on the susgnsion M revocation "'fort the City tauten,. prpwidPd she he1Mr fila YIN LM CILY Clerk d ret then petition w of appeal rl Mln swan(7) (T) days of the ale LMnotice ons sanw or sailed. Am petit t on so fit" shell stale a brief sutwMt of are grou4s spew Mich fW.. algal 1. NaM. The filing o1 soch petition 1411 stay arty Action Cahn by the city uwpp!e itcena uil final dereition by LM city CWntil. Failure tC nQwest a hearing within sen- (3) days of .nice he owl ling Of A notice shell constitute a wlver of ton right W a hearing, aha t4 action salon by the city MMga, shall baawa A final Mseralast(on aha Dann. si CilON3 REPEALER. All ,Minos,. And cents of nano-�f�coni, cc with the provision of Inis oNinatee an hereby regaled. SECTION a SEVERABILITY. If My section, prpv s Im or R PT or ton Ordinate, 1MIT M adjudged, to be invalid or uncwatitWionUl, such ajwlutlon sM11 not affect the validity of the Drift. as A whole or aha section, lrovisiw or Part thereof not wjwpd imalid or umonatitutlonal. SECTION 5. EFFECTIVE DATE. This OrYI salt be in effect af4_r_Tt_s7TTnW gassap, approval And, pW I lotion As less irw by to. Passed and approves this 15tH day Of north, .1953. ATTEST:- �riTYi[iAR March I5. 1953 ORDINANCE N0, 83-3110 AN ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY REZONING THE ENTIRE R3A AREA OF MANVILLE HEIGHTS TO RNC -20. BE IT ORDAINED BY THE CITY OF, IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to downzone all of the area described below to RNC -20, consistent with the City of Iowa City's Comprehensive Plan. SECTION 2. AMENDMENTS. Section 8.10 is hereby amended by zoning to RNC -20 the area described below and shown on Exhibit A: Beginning at a point at the intersection of North Riverside Drive and River Street, then proceeding north along North Riverside Drive to a point along the centerline of Riverside Drive approximately 69 feet north of the south lot line of Lot 3, Block 4 Manville Heights Addition, thence due east and north along an irregular line shown on the Iowa City Zoning Map to Park Road, thence west to the intersection of Park Road and North Riverside Drive, thence proceeding west on Park Road approximately 1,095.4 feet, thence south to the east lot line of Lot 2, Block 3 Manville Heights Addition, thence due south to the north lot line of Lot 8, Block 5 Manville Heights Addition, thence south to River Street, thence southeasterly along River Street to the east lot line of Lot 26 Block 9 Manville Heights Addition, thence southwesterly along the east lot line of Lot 26 to the vacated alley in Block 9 Manville Heights Addition, thence southeasterly along the alley to the vacated Elm Street right-of-way, thence easterly along the vacated right-of-way to North Riverside }Drive, thence north to the point of beginning; all is located in the City of Iowa City, Johnson County, Iowa. SECTION 3. The building official 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. 3a2— SECTION 4. 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 5. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 29th day of March, 1983. l/ V lam_ -f C. #u ly I L , MAYOR ATTEST: CITY CLERK9 Received 3 Approved By The Legal De�jailment .1-I. 93 kll`C 33 It was moved by Perret , and secondea Dy 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 3/15/83 Vote for passage: yes: McDonald Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: Lynch. Second consideration 3/22/83 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Erdahl. Nays: None. Absent: Dickson, Lynch. Date published 4/2/83 3'/ ,41F_,; k ; .� 7r1 Dir.. U CITY Gr 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, 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. g3-3110 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of ,19 , all as the same appears of record in my office an publis the Iowa City Press - Citizen on the 2nd day of April 1983 Dated at Iowa City, Iowa, this 6thday of June ,19 83 Marian K. Karr, 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 atLached, was published in said paper timelslr on the fol- loygng date( Cashier Subscribed and sworn to before me this JThday of� I9Ji_, A.D. � , � OLA Notary Public No. 031 401 OFFICIAL PUBLICATION ORDINARCE NO, 03-1110 AM ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE NIMICIPAL CODE of THE CITY OF IOW CITY, IOW, BY RUNIM THE ENTIRE AM AREA OF MANVILLI HEIGHTS TO RNC -20. BE IT ORDAINED BY THE CITY Df IM CITY, IOYA SECT ON 1. PIIRPo5G1 The purpose of keds ordtnem TS oii�wnzone aiT—of the anti described Glass to RNC -20, consistent with the City of Iowa City's Conprehensive Plan. OFFICIAL PUBLICATION Line.. north W the point of beginning; all is located in the City of Iowa City, Johnson County, low. SECTION 3. The building official is hereby auEForTe3 AM of racked to cMige the zoning w of the City of law City low, to confon to this aaaradaent upon that fiul par." approval am publiotinn of this ordinance as provided by lar. SECTION 1 The City Clark is Mreby authorieed and! ndi —CtedTo certify A copy of this ordinance G the county recorder of Johnson County, Iowa, upon final passage and publication as provided by lar. SECTION 2. AMENDHENT5. Section 8.10 is hereby SECTION 5 REPEALER. All ordinances and parts of Glow and showown n an Exhibit A: to the rea descMOed o rances n con et with the provision of this ordinance an hereby repealed. Beginn{ne at a point at the intersection of North Riverside Drive and! River Street, than proceeding SECTION J. SEVERABILITY. If any section, north alwwqq Month Riverside Drive to a poi n[ along Drov ss ons the DMinarl[e sell G the cknta li. of Riwnib Drive approxi eately 69 ailudBed W G rc invalid or uonsti Wtional, such feet north of the south lot lire of lot 1, Block A aledication shell not affect the validity of the Manville Heights Addition, thenoe due east and Ordi Mnu as A when' or aM section, pfovision or nth alolp an irrpular lire s. on the Iowa Part thereof Hat adlutlged invalid or City ZP'tlip Map to Dark Aud, thence wast to the .0hatitutional. intersection of Park Road andNorth Riverside Drive, thence proceeding wast on Park Road SECTION 1. EFEECTIVE DATE. This Ordinance shall approaleately 1.095.0 feet, thence south to Nat ^ eI�ecu aT^al Daawge, appravel an0 5FT1 1nl. lir. n1 Ina J Black 3 Manville Helohts Publication as re Wired by I.. tion, the. MM south to FOR north at line Or Lot 8, Block 5 Herlville Heights Addition, thence south te River Street. them southeasterly elate River Street m the, east lot lire of Lot M Bleck 9 Manville Heights Addition. them southwesterly along the east lot lire of Lot 16th the vacated all eY in Black 9 Nereil le Heights Addition, [berm southwesterly along the alley to the vauted Ela tmt right-ofthem easterly along ted vacated rioht-of-vire to North Riverside Drive. MANVILLE HEIGHTS REZONING PROPOSEO AREA Passed am approved this 29th day of March, 1983: I. iNiliBc 1:i /: \ill■'IWII 11■1` 1r�i aa�'s• � 12 April 2, 7983 ORDINANCE NO. 83-3111 AN ORDINANCE AUTHORIZING THE AMENDMENT OF THE PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN FOR LOTS 91 AND 92, TY'N CAE SUBDIVISION PART II. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to authorize an amendment to the preliminary and final planned area development plan for Lots 91 and 92, Ty'n Cae Subdivision Part II, which was adopted by Ordinance No. 77-2870 on November 22, 1977, and subsequently amended by Ordinance No. 79-2965 adopted on August 28, 1979, and Ordinance No. 79- 2980 adopted on November 13, 1979. SECTION II. That the amended preliminary and final PAD plan for Lots 91 and 92, Ty's Cae Subdivision Part II, is hereby approved as amended, and described as follows: Lots 91 and 92 of a subdivision of Lot 90 Ty'n Cae Subdivision, Part II, Iowa City, Iowa as recorded in Book 19 at page 49 of the Johnson County Recorder's Office on December 14, 1979. Said tract contains 2.486 acres, more or less. SECTION III. This ordinance shall be in full force and effect when published 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. 31,o Passed and approved this 29th day of March, 1983. ATTEST: Z�n 4' J AGING CITY CLERK 37 It was moved by Lynch , 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 MCDONALD x NEUHAUSER x PERRET First consideration 3/01/83 Vote for passage:Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Lynch. Nays: None. Absent: Erdahl. Second consideration _3/OR/83 Vote for passage: Ayes: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: None. Date published April 6, 1983 Received & Approveu By The Legal Department CITY OF IOW/-\ CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA SS JOHNSON COUNTY CITY (319) 356-5000 I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto isa true and correct copy of the Ordinance No. 83-3111 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of March ,19 83 , all as the same appears of record in my office and pu lisFeTin the Iowa City Press - Citizen on the 6th day of April , 1983 Dated at Iowa City, Iowa, this 6thday of June ,1983 Ina J Marian Carr, Lity CTe�rc Printers fee $Is�D 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 - 1 ing datels Cashier Subscribed and sworn to before me this I nay of A. D. 19 /, Notary Public No. lL0 OFFICIAL PUBLICATION ORDINANCE W. 83-3111 AN ORDINANCE AUTHORInK THE AMEIONENT OF THE PRELIMINARY AND FINAL PLANNED SUBDIVISION QPMEWT PLAN FOR LOTS 91 AMD 92, PART 11. BE IT ORDAINED BY THE CITY COUNCIL OF INA CITY, IDVA, SECTION 1. PURPOSE. The purpose Of this ordinance is El-a-ujfzTje an amendment to the p rel `ainats yry and^d final vfannWarea, developnen Plan tpted 92, Ty'n Dde §Uadf vi sion Part II, Mich was adopted by Ordinance No. 11-2870 on November 22. 1977, subsequently Amended, by o andaHle 0rli lance NoNO -2 95 adopted on Auqus .,it 2980 adopted on November 13, 1979. SECTION 11. That the amended preliminary anv final or OUpTan an 91 and 92. Y sl Part II, is hereby approved as amended, and described as full-,: Lots 91 and 92 of a subdivision of Lot 90 TY n Cam .,. in Boisipn, Part 11, 493City, ta owa as Johnson recorded Copnty - in Boo, 19 at page 1979 Recd rder's Office on Deceaber la, Said tract Contains 2.A8h acres, more or less. SECTION 111. This ordinance shall be in full forte an a eat when published by lay. SECTION IV. REPEAIdR. All ordinances and parts of L napes n con lcI with the pr iisiun of Ed's ordinance are hereby repealed. UCT100 V SEVERABILITY. if any section, provlm on^ or pa7i ef- the Ordinance shall be -adjudged fo M tnval is or oponstituti ono 1, such judicat+on shall not affect the validity of the or Ordinance as A whole or any section, provision - '-part thereof not adjudged invalid or unconstitutional. SECTION V1 EFFECTIVE DATE. Th" Ordinanceshall all n e fec a er rls nal Passa9e, *1INs's ... Publication as required by law. , ,F+-, - Passed and approved this 29th day Of; ATTEST: April e. 1983 ORDINANCE NO. 83-3112 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF IOWA CITY, IOWA, BY ADDING THERETO ARTICLE XI WHICH PROVIDES FOR THE ESTABLISHMENT OF THE DE- PARTMENT OF PUBLIC TRANSPORTION. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENTS. Chapter 2 of the Code of Ordinances is hereby amended by adding thereto Division XI, The Department of Public Transportation. SECTION 2. PURPOSE. The Department of Public Transportation shall be responsible for buses and other similar mass transportation services. SECTION 3. ESTABLISHED. There is hereby estab- lished a Public Transportation Department for the city, which department shall be administered by a director. SECTION 4. DIRECTOR --APPOINTMENT. The Public Transportation director shall be appointed by the city manager and shall be under his/her supervision and control. SECTION S. ASSIGNMENT OF SERVICES. The director of the Public Transportation Department shall be responsible for all programs relating to public transportation. The city manager shall be free to assign other services of the city as necessary to obtain maximum overall efficiency of city opera- tions. The director shall be free to assign within the department any services assigned by the city manager. SECTION 6. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION 7. 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 unconstitutional. SECTION 8. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publi- cation as required by law. 39 Passed and approved this 29th day of March , 1983. ATTEST: /�/onr�rx� fi� liR.7.�J A TING CITY 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: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 3/15/83 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Neuhauser, Perret, Balmer. Nays: None. Absent: Lynch. Second consideration XXXXXXXXXXXXXXX Vote for passage: Date published 4/6/83 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 sus- pended, the 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. CITY Or 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, 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. 83-3112 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th dayof March ,1983 , all as the same appears of record in my office an publishe�in the Iowa City Press - Citizen on the 6th day of April , 1983 Dated at Iowa City, Iowa, this 6th day of June ,19 83 Marian K. arr, City Clerk Printers fee $_ 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 a hed was published in said paper timelsl, on the fol - lo g datelsl' r Cas Subscribed ,, and sworn to� before me this oo��1114 day of4l/d. A. D. 19 �J, 1 � (( Notary Public 0 No. 1 I"i JULI SL:Y;.V-KER OFFICIAL PUBLICATION MwxM'ce MJ. & 3112 ax ORPIM1xfI AIIxPIxG Q,IrIEM : M ThE mlrt aF MUIxPY.Es. GxY- fm an. .. YI AMI Wj IFIEPEIO rcu it ... rnorl UFS FOr !ME FS9dL1s OF mE oE- _ Vwnklrt a "Lic 1r ps TjP . tl IT WUAtYEU EY TxE aYY M SM" nn- IWA: Ilna 1 AKFUkNT3. aap v.: of me ..coma by aadw <M1<retn I.IIp�eyertmen[ of Wnllt itanslorta[1on. ",'1. : FIIXP' - ,T< Deya.[mrel uF M1IDI I< - —Ffl e< re:po.ame m. eesaa �;aM p ner atmllo! mass [rensporte[iee sarv,cer. e SECTIPx y, fSiI.xL1512o. ll,ere is hereOy est+n- .- �, cne dtY. M¢n aepa t a- by, $EREd a. oleEclaP.-Avvolvna.T. The rvb11: - y,eye![.mtN,en ,rect5r .1 appa,ntN UY "ne <ltv ager ab n.0 b< „nmr ni.Iner Y<penEs.nn .na <m[F1. secna s. Asb*vna rta s[avlcEsru.ni genii<nnr responsible fm all v'e1*m rad[ine [o Tia IDe 1 r ..nater amyl be <! o +�- t av1 to otusI ry ea of Ne city < . ry e Ma 1 overall elft tine' of -1 rc„n h`.s..110 s. The alrx[or YM1all be feee to sh, Ih. .1, < �tMndeputsent mr s races ssaiened by tnc ,b awYer �- SECItM4_ .3f1't I.FE. All cras,Wces aM ear � :F vuh m<pmvlslon E iE„ nerebY repealed. "''E.IuTy. 1( anY SHuen ftos"s,an rtrt o�6r�"a^ dull Ce adlWdM a be ... Ine3Ed a "imtbnaE` such MP�d auson snare +:�Wpt jE1K[ <he ^clads"' of M1e Ord{nan<e N lud ��_"i�,�pr p Mr wto ptitution ur part ro<mE PM aa)ue9ea ..ua or mn<n au"n"mnal. 4 I. EFFECTIVE MME. Nes UrdIPpP<o sh"' be tei t lna pozsate. 1*rlW Na publl- a[\MK4 squ,rea<b' lad. <IafaM Ya apprpvca [M1is 29th 4a1 of l4�ch , 1983. :+ � April 6, 1987 ORDINANCE NO. 83-3113 AN ORDINANCE REPEALING SUBSECTION (8) OF SECTION 2-166, ARTICLE VIII, CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF IOWA CITY, IOWA, BY DELETING FROM SAID ARTICLE VIII THE TRANSIT DIVISION IN THE DEPARTMENT OF PUBLIC WORKS. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this Or- dinance is to repeal subsection (8) of Section 2-166, Article VIII, Chapter 2 of the Code of Ordinances, City of Iowa City, Iowa, the Transit Division in the Department of Public Works since those functions are now assumed by the newly established Department of Public Transportation. SECTION 2. AMENDMENTS. Section 2-166(8), Article VIII, Chapter 2 of the Code of Ordinances, City of Iowa City, Iowa, is hereby deleted and said sub- section is hereby repealed. 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 in- valid 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 S. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publica- tion as required by law. Passed and approved this29th day of March , 1983. /J TOR ATTEST: ACTING CITY CLERK �z 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 3/15/83 Vote for passage: Ayes: Er ahl, onald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent: Lynch. Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published 4/6/83 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 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 �43 CITY Gr CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY OW/A CITY IOWA CITY, IOWA 52240 (319) 356-5030 I, Marian K. Karr, 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. 83-3113 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of March 19 83 , all as the same appears of record in my office and publish�in the Iowa City Press - Citizen on the 6th day of April , 1983 Dated at Iowa City, Iowa, this 6thiay of June 19 83 Marian K. a 7 �Y e� rr, City Clerk Printers fee$ Q_(* 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 ched, was published in said papertime(s), on the fol- io 'ung, date) Cashier Subscribed and sworn to before me this ��day of , A.D. 19��, J r `� / I Notary Public No. 1 �J I lU a ° JUUG1AVIMIW OFFICIAL PUBLICATION MIN4YCE M. 1jt15 AN OPOIXAW.E NEPEALIM 5UBIJN(7T M IFI OF SPLTt. }.146..,AE VIP1. R4%£P : OF TIE COOSOF pGININCPS. C11Y OF IOM CITY. ifth, BY DELETING FROM S III ARTICLE ME TO TPARSIT DIVISION IN TIE DI PETM 6OF PUBLIC WiKS. BE IT OIONLUMO By TIE CITY Of 1'WA CITE, IONA. SECTION PURPOIE. TNe purycra 41 tyf, Or. .......n (e) a sem- 2-IM. Art1cl4 VIII. O.pter : of the Eoae of n n O"ioes, city f Iw city. [Ms. tM ans Trit OLit- Enih. MpartM4t of RBI- Ibr. ..... 'Bose fic U.a c1 .ar uawa q mly ON. nvtnc e ablbM� of PuBllc Tn—„, Section i-166(8). A111cle VIT �t Wae 4f OH,4mces. Ci,y of lova CSty ��,,�II��elf Be,WV eele,U@ana fain rue- fetuo4 is MiI�"B:waea. - orElnan .4 p.,t oI tM prrl s f 11 r. sEcnaI, am pa o n nM” beo."W'o to oe vslhl M �[I<utl4ML, n ;Wfutlon ,ball n >esftinn, ptDVi5160a14nr4r pw Oefm(cnataal tool o ".1 or wr s[SPRI4naI. CTION :«tsTTCE-pearnee,Ort, nFm b.11 M approval vol prr'o—, ,inn .f '.crea By Irv. P-stO ane ,ppr od this t9thaar of Marco Tv=I Apel 6. I9L ORDINANCE NO. 83-3114 ORDINANCE AMENDING SECTION 8.10.3, DEFINITIONS, AND 8.10.25, OFF-STREET PARKING REQUIREMENTS, OF THE ZONING ORDINANCE BY AMENDING THE DEFINITION OF A PARKING SPACE AND ADDING DESIGN STANDARDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the definition of a parking space contained in the Zoning Ordinance and to amend the off-street parking requirements of the zoning ordinance by adding design standards for all parking areas. SECTION II. AMENDMENT. Appendix A - Zoning of the Code of Ordinances is hereby amended as follows: A. Section 8.10.3.60 of the Zoning Ordinance is hereby amended by deleting the definition of parking space in its entirety and replacing it with the following: 60a. Parking Area. An off-street facility intended or designed for the parking of more than four (4) motor vehicles, including parking spaces, aisles, and tree islands. 60b. Parking Space. An asphalt, concrete or similar permanent dustfree surface intended for off-street vehicular parking and which shall be at least nine (9) feet wide and nineteen (19) feet in length except for spaces designed for parallel parking which shall be at least nine (9) feet wide and twenty-three (23) feet in length. Spaces provided for compact cars shall be, at a minimum, eight (8) feet wide and fifteen (15) feet in length except for spaces designed for parallel parking which shall be at least eight (8) feet wide and nineteen (19) feet in length. Section 8.10.3.67 of the Zoning Ordinance is hereby amended by deleting the definition of stacking space in its entirety and replacing it with the following: 67. Stacking space. An asphalt, concrete or similar permanent dustfree surface at least (9) feet wide and (19) feet long, Ordinance No. 83-3114 Page 2 designed to accommodate a motor vehicle waiting for entry to a service facility and located in such a way that no parking space or access to a parking space is obstructed. C. Section 8.10.25.J. Design of Parking Areas. Except for single-family and two-family dwellings all parking areas shall have only the parking configurations illustrated in Figure 1 and shall meet the following minimum design standards: 1. All parking spaces, stacking spaces, drives and aisles shall be constructed of asphalt, concrete or similar permanent dust free surface. 2. Parking areas shall have the minimum dimensions illustrated in Figure 1 for each of the parking configurations permitted (where the edges of parking spaces are curved, as on a curved aisle, all angles shall be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersection.) 3. Up to 1/3 of the required number of parking spaces may be eight (8) feet in width by fifteen (15) feet in length if the parking spaces are signed "compact vehicles only." 4. All parking spaces shall be connected to an aisle which shall have a width as indicated in Figure 1. Aisles designed for two-way traffic shall have a minimum width of 22 feet. 5. When combining different parking space configurations on the same aisle, the greatest aisle width shown in Figure 1 for the configurations used shall be provided. 6. Parking spaces shall be designed to permit ingress and egress of the vehicle without moving any other vehicle occupying a parking space. 7. Parking spaces along lot lines shall be provided with car stops or curbing so no part of a parked vehicle can extend beyond the lot line. �S Ordinance No. 83-3114 Page 3 8. In all parking areas required by this chapter, parking spaces shall be visibly delineated on the surface by painted or marked stripes. 9. No parking area shall be designed in such a manner that exiting a parking area would require backing into a street. 10. No parking area with more than 8 parking spaces shall be designed in such a manner that exiting a parking area would require backing into an alley. 11. No parking space shall be located closer than five (5) feet to a ground floor doorway or window of a principal building. 12. All handicapped parking must comply with State Code requirements. D. Section 8.10.25.D is amended by deleting number 2 regarding parking in the side yards in its entirety and replacing it with the following: 2. Except for single and two-family dwellings, no parking spaces, aisles or drives shall be permitted in that portion of the required side yard which is contiguous to the principal building on a lot. 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 12th day of April, 1983, 014 Ordinance No. 83-3114 Page 4 k "MmmL _ ti ,. ATTEST: *e:dVD � > �•T a� CITY CLERK It was moved by Perret , and seconded by Erdahl , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: K BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First considerationxxxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published 4/16/83 Moved by Perret, seconded by McDonald, 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: Dickson, Erdahl, McDonald, Neuhauser, Perret, Balmer. Nays: Lynch. Absent: None. lac*4fr'd t Arp.foved By Tips legal DA ce'neat ,LI 951.0 121 731971V \ A 6 1 1 garish -J.16 t- ,91 9�51y lz 2a 7 J .L I—.6�41921 IZIJ - , al ��-le;ly � 1.4 f --f # ol 'o .61 tg pon2 (;:NO15N�Wld 0 F22 M CITY 0r_ IOW/-\ CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) STATE OF IOWA SS JOHNSON COUNTY ) I, Marian K. Karr, 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. 83-3114 which was passed by the City Council of Iowa City, Iowa, -ata regular meeting held on the 12th day ofJ�ril ,19 83 , all as the same appears of record in my officefice andpu 1'isFe_T in the Iowa City Press - Citizen on the 16th day of April , 1983 Dated at Iowa City, Iowa, this 6th day of June ,19 83 Oial�.J � � u> Marian arr, ity Ar Printers feel; o L 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 attached, was published in said paper 0---n�timelsl. on the fol- lowing datelsl:. Cashier Subsfcjribeed nd sworn to before me thiss (OfY day of_ JeAd A. D. 19[CJ Notary Public WMV MINr,... ... — - sucn" as'htgnway ti, ne said. "!t s a growing problem." 8.1,.25,[ ANEW Although the committee will 8,10.25, 1R-5 z1NING a1INAN help and encourage civic groups PARKING SPACE A who want to organize clean-up III IT °"°IMED Buxton said, they are I un, Iprojects, confronting the problem in terms crla ,a of "the young person who has to contatni° i" ° be educated." .H-aK wr Pro+^•M• by The group plans to establish a P°,K+P° continuous program that will have Ulf A,^ a long-term impact by educating young people about environmental A : t,Ra N .«Lr concerns. wrt+"R >P ,a tn. r. Suggestions so far include slide Goa Parkl presentations, films and a grade Wr school poster contest that would involve children in keeping the city clean. "The posters could be Ge° ; .`�, put up around town," he said. Although some teachers already lark •> % talk to students about the prob- es;' lem, Buxton said, the issue should "'" I become a course in the schools' flat Ncurriculums. The University of Iowa should P•ra" also participate in the effort, he er°M r.at i said. Iowa City has a unique problem h..m, aa* �LKr^° , because "the majority of our pop - ".r`. `n° ulation rotates every four years," B1. St°"' he said. The shifting community •r r. �••>t will "keep us on our ices," he ?� said. "Its a problem we have to keep addressing, and a gigantic wce r oP>vc task." The committee's meetings are C. 5Ctio^ 8 I I>=wt t., open to the public and are held Pe a Il,^°> .r tie par" the first Thursday of every month in the Chamber of Commerce d.'r tam, building at 8 p.m. ,. All Pa, awns i q "u°t''a Selling is a cinch, Z' e,..,.°P when you use a CLASSIFIED each o ad to spread the word about the items you have for sale. ORDINANCE NO. 83-3115 AN ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY REZONING APPROXIMATELY .93 ACRES OF LAND FROM M1 TO R3A. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to rezone al the area described below from an industrial use to a residential use, consistent with the City of Iowa City's Comprehensive Plan. SECTION 2. AMENDMENTS. Section 8.10 is hereby amended by zoning to R3A the area described below: Commencing at the Northwest corner of Block 8 of Lyon's 2nd Addition to Iowa City, Iowa, in accordance with the Plat of Survey recorded in Plat Book 3, Page 392, of the Johnson County Recorder's Office; thence S 00000'00" W (Assumed Bearing) 360.01 feet, on the East right-of-way line of Van Buren Street to the Northeasterly right-of-way line of the Chicago, Rock Island and Pacific Railroad and the Point of Beginning; thence S 75054'00" E, 370.12 feet on said Northeasterly line to the center line of Johnson; thence S 00011'33" W, 79.34 feet on the center line of Johnson Street extended to a point 23.00 feet normally distant Northeasterly from the centerline of the main Railroad Track; thence N 75054'00" W, 539.19 feet parallel and 23.00 feet normally distant Northeasterly from the centerline of the main Railroad Track; thence N 14°06'00" E, 77.00 feet to the Northeasterly right-of-way of the Chicago, Rock Island and Pacific Railroad; thence S 75054'00" E, 150 feet on said Northeasterly line to the East right-of- way line of Van Buren Street to the Point of Beginning. Said tract of land containing 0.936 acres more or less and subject to easements and restrictions of record. SECTION 3. The Building Official 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 4. The City Clerk is hereby authorized and direr cted to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. M SECTION 5. REPEALER ordinances in confli ordinance are hereby A11 or ct with repealed. SECTION 6. SEVERABILITY provision or part of adjudged to be invalid ajudication shall not a Ordinance as a whole or part thereof not unconstitutional. dinances and parts of the provision of this If any section, the Ordinance shall be or unconstitutional, such 'fect the validity of the any section, provision or adjudged invalid or SECTION 7. 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 April, 1983. ATTEST: CITY CLERK 676 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 4/12/83 Vote for passage: Y Lynch,onald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: None. Second consideration XXXXXXXXXXXXXXXX Vote for passage: Date published 5/4/83 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 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: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Received & Arp,v,;ed By The Legal Depi;;tn 0111 7_ 34Z 5/ CITY OF. 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, 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. 83-3115 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of q ril 19 83 , all as the same appears of record in my offi'ceand publish�in the Iowa City Press - Citizen on the 4th day of May , 1983 Dated at Iowa City, Iowa, this 6th day of June ,19 83 o �. z Marian K. Karr, City lerk Ell O� Printers fee $C9_ 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 ached, was published in said paper time(s), on the fol- �low datels):11rr ��, M3 Cashier Subscribed and sworn to before me this 4�f�y of A. D. I.6,�iJ r Notary Public No. rNiliiLAYYAIaR OFFICIAL PUBLICATION MEMNCE W. 83-3115 AN ORDINANCE MENDING CMPTEA 8.10, TML 10MING ORDINANCE OF 3ME"MONIGIPAI-CODE Of TME CITY Of INA ❑rY, IOM., T REZONING APPROy1MATElYe.9J 4CRE5 Of IMO "in p3A. BE IT OaDA1NE0v THE CITY a IgIA CITY, Ii SECTofOM 1 PORPOSE. The Cu,o,se of this .rdi naMe re11 Orc Tine .,a Eeacr;he. CeIPe 1 -ii en +Taustrial use to a lo.iantial a Cdnlfstent with the Cfty of Iowe City's Comprehens i Ye Plan. SLCTION 2 NEENOMENTS, Section 8.10 is hereby when y p.nleg to the area de trihaE W. Coaencfng at the N.rtlhest 16fher of Elect 8 of Lyu's 1M Addition to Io..li City, low, in accordance with the Plot of 54reey recorded in Plat Book 3, Pagt Mm 392, of the JnaCounty Aeco"er's Offir<; thence 5 00600'00" M l Asea" B..rin) 380.01 het, on the East night -of -way IT" of Van Boren Street to the Northeasterly right -0-w, lin, of the CM1iago, Rock Island and P.10c Railroad and the Point of Beginning; theoce 5 75'54'00" E. 370.11 feet an wfit MrtMasterly lire W also un ter Iihe of Johnson; theoc13 e 5 00']1'' M. 79.M feet on the center line of lahh,on 5treet AsteMed W a Point 23.00 feet anally dift2llt Mrtheasta,ly fro the 0tpterline of the heW in Rai IroIrwk; theoce N 75cM-W M, sn.19 feet parallN and 23.00 feet Mrinally dlstant Northeu4rly fru the ceMe,11. Of the wain Railroad track; thence N 14`06'00' E. 77.00 feet W the Northeasterly rigM-of-why of INe Chicago, Rock I51and .M Pacific Railroad; thence S 75'54'4`' E. IM feet a said Northeasterly line W the Ease rigM-of- way line of Ven Bun. $fleet W the Point Of 11eginMn9- 5ald trate of land eontafnia 0.936 . acres more or less and '4boct W easements and restrictions of ret."i 5ECTION 3. The Building Official it�t hereby au[Fari�M and dl recent W Chellge the tbnIRpvaf the City of 1. Litt, low, W Confdwgii6 this aandeent upon the final Passage, approval AM Publ Ica[ia or "Is ."lance as p,oYfdad by Ipr. YTION 4. The City Cleft is hereby autM,,nn, and SECTION artery . copy of this o"IneMe to the CoVnty Recorder of Johfdon County. eau, 194 final Passage and Publ icat la a. P"Yi d" by IAw. 5E C110N 5 PEPEALER. All oM ,ari and arts of orOsarc' es I conlllct NM the provision of this .ethane an hereby redeal". SECTION J. YVEMBILIiY. If any sedan, prov s� E the 0"lanceshell he "JVd9ed W he imalld or unanatitutloal, son,h ajunlcat Y41 shell KK affect the validity of the Oraio if as a whole or any section, p,orisi.n o Pa" thereof not aQWped ievelld or un n"Itutiohel. I Cn ION 7. VE DATEThis Ordlhece aandl be-fl—M—ft r l Passage, atPnral Pullicatidnad "T"Ped by lah. Passed and approved this 25th day of Apr,} ATTEST -i 7031 `f M'F' May J. ; ORDINANCE NO. 83-3116 ORDINANCE AMENDING THE THE USE REGULATIONS OF 1705 PRAIRIE OU CHIEN MOBILE HOME COURT. ZONING ORDINANCE BY CHANGING CERTAIN PROPERTY LOCATED AT ROAD AND KNOWN AS HAWKEYE 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 located at 1705 Prairie du Chien Road and known as Hawkeye Mobile Home Court, said property legally described as: Commencing at the northeast corner of Section 3, Township 79 North, Range 6 West of the 5th Principal Meridian, thence north 88013' west 689.3 feet to the centerline of the Prairie du Chien Road and the place of beginning; thence north 88041' west 36.6 feet to an iron pin on the road right-of-way line, thence continuing north 88°41' west 637.4 feet to an iron pin at the northwest corner of the tract, thence south 01°07' east 162.9 feet to an iron pin at the southwest corner of the tract; thence south 88°25' east 710.6 feet to an iron pin on the westerly road right-of-way line; thence continuing south 88025' east 38.8 feet to the centerline of said Prairie du Chien Road; thence north 30°03' west 57.5 feet along the centerline of the road; thence northerly 128.0 feet along a 573.7 foot radius curve concave easterly to the place of beginning. Excepting any part of said premises conveyed to the state of Iowa by warranty deed recorded in Book 254, page 62, Deed Records of Johnson County, Iowa. 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. Jr -Z 2 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 10th dad+ of May, 1983. MA R ' ATTEST: ///oe.�2d 7� CITY CLERK Received 3 Approved by The Legal Department a3 3 It was moved uy Erdahl , 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 XXXXXXXXXXXXXXXXX Vote for passage: Second consideration XXXXXXXXXXXXXXXXXX Vote for passage: Date published 5/18/83 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 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. Absent: None. 63 CITY OF. IOW/-\ CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA SS JOHNSON COUNTY I, Marian K. Karr, 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. 83-3116 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of Ma ,19 83 , all as the same appears of record in my office an publisin the Iowa City Press - Citizen on the 18th day of May , 19 83 Dated at Iowa City, Iowa, this 6th day of June 1983 �� i_� J :y4tn rk Marian K. Karr, ity Clerk F It OFFICIAL PUBLICATION OAOIIOIICE Np. 63-1116 ORDINANCE AMENOM THE ZONING. OROINWE BY C1NN6IMG THE USE REGULATIONS OF CERTAIN PROPENIY M TEO AT n Ley 1105 PRAIRIE 'DU CHIEN ROAO ANO "M a HAN EYE PIRELLI HOME COURT. Printers fee 3 BE 1T ORMIREO BY THE CITY COUNCIL OF THE CITY OF INA CITY, 1CNMA. CERTIFICATE OF PUBLICATION s6cnM , rat the p op.rty descr,MU`Mlov is STATE OF IOWA, Johnson County,ee: fire , and e b its presentclassificationeM of the MMI as of RIA W ANN, and [z Mundsho THE IOWA CITY PRESS-CITIZEN indicated upon CM xonl,q a.D of the Cit of ]we o of cit, Iwo, ail, 70 .nairiea W in mo the property lmahtl 1306 Prairie du Opifit Road em t,aFP, ,a 6 M Nafi,le HONe court. y,e property .11han lepNl ly tleaxrlheI e' Cpltnc,np et No northeast lm 6Or 3. Township VISMI(if the firth o/ the Stn I rl tai. e.. vest Principal Mo Olen, thence mf the Prairie EURR du Chi 3 f»° to the pplace orc a or p ; tla c, Chien Road as the place of hepi mfnp: once Bronwyn S. Van Fossen, being duly say that I am the cashier of the mr[M1 ee°al',N.Ft 36.6 feet Wen iron Di^ on the road sworn, IOWA CITY Pd I a news- north U-41�,�It 637./i feet W an fro. pin at in said county, and that in said county. the rcrtnenest corner of the tract, thence south 01°07' at 162.9 That W an Ira in At paper published a notice, a printed copy of which is the southeast corner of ane tract: thence sovtn Me25' "at 710.6 f.lt W an Trip, pin on hereto attached, was published in said the wstarly roatl right-of-Ioy lin.; thence �(l'� time(s), on the fol- oontinoinp south id P east 38.8 het to the cenhrl irc pI mid Prairie du CNi Rued: paper lowing date s): cerrtetharactlne`nr he reed eastl northerly 119 0 feat I.Ho . 523.3 foot r.di,I cure. t.hcave M asesYi��lf any part o thePlacep of hepi nnl np. di to the y p sdtl Drex t0 the l state of Iwo M deed of ad recorded In _, .OHIwarranty Book 251, Pape 62, Geed Records a1 Johnson John "County. low. SECTION II. The Bfaid top Inspece i Is hereof Of ON, ci tie of l ve cittl b mance the film to City of love Cit, low, W cm this s aq„ment upon the final l OPT011 end ao Cashier ,assape, DiLlication pl this g Clare! is cher. , by Iw. by l ETCTIpM I/I LM EItJ El.rk is her. RUM, teeE a ter. em a W eartif) a Copy Of NLe OrNtMMe to the, County Retarder pf JOMson Count „ jwy, upon final ".saw aha Subscribed and sworn to before me puplicatim As Drovi In. SECTION IV REPEALER. All ordieenc., and parts of o Me 06 n mn ct wth the provision of this D. rdinance are hereby rNp lad. SECTION V SEVERABILITY. If. any section, prow s on Or IHIIT or the Ordinance stall a this day of�• A. t he aduvapad W M oru .r tudheuc ,nvelltl unc ipl, such------- aduuicatf not Affect he wHd,ty, of the Ordinance As A Nql! or My section, provision Or t=mthereof not sduudped invalid or adtudotal. 19d - SECT DATE, VL EffECi1VE NTE. This salt . Appraisal psb�if4[for�r4ilnal paszape, epFrwal eta by lay. passed a,M�ired approved this loth it,, of Nay, 1983. Notary Public � Z No. __ ATTCST. _ ��aFRN�Rf�� jUU Mdv 18. 1983 F It V ORDINANCE NO. 83-3117 ORDINANCE AMENDING SECTION 8.10.32, AMENDMENT OF ORDINANCE, OF THE ZONING ORDINANCE RELATING TO THE SUSPENSION OF BUILDING PERMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the provisions of the Zoning Ordinance relating to amendments to clarify the language by providing that any property or area may be rezoned twice within twelve (12) months, but the suspension of building permits shall not apply during a second rezoning. SECTION II. AMENDMENT. Appendix A - Zoning of the Code of Ordinances is hereby amended as follows: Section 8.10.32.F of the Zoning Ordinance is hereby deleted in its entirety and replaced with the following: The City Council may at any time set a public hearing on the question of rezoning any property or area within the City whether or not such property or area was either rezoned or subject to a public hearing on the question of rezoning within the twelve (12) month period preceeding the setting of the public hearing. However, no property or area within the city shall be subject to those provisions of Section 8.10.32.D. or Section 8.10.32.E., relating to suspension of building permits, unless twelve (12) months shall have expired after a previous suspension period, said twelve (12) month period to commence with the final day of the previous suspension. SECTION III. REPEALER.. All ordinances and parts of ordinances in conflict the provisions 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. 4515r 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 1Oth day of May, 1983. ATTEST: CITY -CLERK 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: :i First consideration XXXXXXXXXXXXXXXX Vote for passage: Second consideration XXXXXXXXXXXXXXXX Vote for passage: Date published 5/18/83 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Lynch, seconded by Dickson, 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: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Absent: None. ' 5 Y3 _ .56 CITY OF-. IOW/-\ CITY CIVIC CENSER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA SS JOHNSON COUNTY I, Marian K. Karr, 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. 83-3117 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day ofMa ,19 83 , all as the same appears of record in my office and published in the Iowa City Press - Citizen on the 18th day of May , 1983 Dated at Iowa City, Iowa, this 6thday of June 1983 7 Marian K. Karr, City (erk 1)9 Printers fee $_Z�!_ 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 One time(s), on the fol- lowing dates 1. Cashier Subscribed and sworn to before me [this ��day of� A.D. 15Y�� // Notary Public No.L/ Z/tOis OFFICIAL PUBLICATION ORDINANCE W. 83_3117 ORDimAsict AAEWW SECTION'8.10.u, NFNONENI OF ORDINANCE. OF THE ZONING ONDRAINCE RELATING TO TRE SUSPEN510111 OF BUILDING PERMITS. BE IT ORDAINED BY THE CM COUNCIL D< THE CITY OF IM CITY, IONA. SECTION 1 PURPOSE. The Wrpou of this ordinance iiq ae,r3-T e,T—provislons of the Zoning "Mance relatLg to mweMints to ch lfy the lafwpsape by providing test any property 0 area say M rezoned twice within twelve ()2) aailNas, but the soapanslon of building permits shelf notsi,ply during a second ratoith, SECTION IL WM NT. Appendix A - Zoning of the o r oancas Ts-Imir@W aieded as follow: 5actlon 8.10.32.F Of the Zoning ordinance is hereby dilated in its entirety and replaced with the following: F. The City Council nay At any time at a public Marinq on the p.O,tl. of wing any property or area within the City Nether or not such property or area was eithelMtohed or subject to a pub] is hYfing on the 9ue,t,. of r.i.n-, Within the twelve (I2) eurtl, period predMdlhg the sett'rg of the public hearing However, no property or area within "A city Anal i be subject, Ed those Prov ;alone of Sectlpn 8.10.12.0. or Section 8.10. M.E., .lat Ug to suspeMion Of building derails, unless twelve (12) months shall have expfrdid after a previous suspension period, said twelve (12) month period to commence with the final day of the previous suspension, SECTION 111 REPEALER.. All ordinances and Parti p p�anC�nnict the provisions of this ordinance are Manby repealed. SECTION IV SEVEFUBIIITy_ if any sect,., prov�7an or parr or[M Ordinance iMail M adjudged tO be invalid or unconstitutional, succi` ajuditdtlon shall not affect the validity Of the Orli Mance as a stole or any section, provision or part thereof cot adjudged invalid or unwnRi- tutional. SECTIgi V EFFECTIVE DATE. This Ordinance sMll ben a ec�� t sessaW, approvel,and publication as rpuired by law. Passed and approved this .�IF�y0V•tth dey of May, 1983, ATTEST. ..___l r(r 7810 May 18, 1987 It f ORDINANCE NO. 83-3118 AN ORDINANCE AUTHORIZING THE AMENDMENT OF THE PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN FOR LOT 62, MACBRIDE ADDITION, PART 2. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to authorize an amendment to the preliminary and final Planned Area Development plan for Lot 62, MacBride Addition, Part 2, which was adopted by Ordinance No. 74-2704 on March 12, 1974. SECTION 2. That the amended preliminary and final PAD plan for Lot 62, MacBride Addition, Part 2, is hereby approved as amended, and described as follows: Commencing at the northwest corner of Lot 58, Part Two, MacBride Addition to Iowa City, Iowa, said point being on the easterly right-of-way line of Mormon Trek Boulevard and being the point of beginning; thence N 1°44'23" E, 618.65 feet along the easterly right-of-way line of Mormon Trek Boulevard to a 15 foot radius intersection curve with Melrose Avenue; thence northeasterly 24.88 feet along the 15 foot radius intersection curve to the southerly right-of-way line of Melrose Avenue, said curve being concaved southeasterly and having a chord length of 22.13 feet, bearing N 49°15'33" E; thence southeasterly along the southerly right- of-way line of Melrose Avenue 545.23 feet along a 3769.83 foot curve concaved southwesterly, said curve having a chord length of 544.75 feet, bearing S 79°04'42" E; thence S 0°41'32" E, 514.45 feet; thence S 88°29'30" W, 576.85 feet to the point of beginning. Said tract containing 7.53 acres more or less. 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. 57 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 10th day of May, 1983. EYE .ma "A ,, I ATTEST: 2naA,aM2 7e4A=:o) CITY CLERK 57 It was moved by Lynch , and seconded by Dickson that the Ordinance as read be adopted and upon roll calT 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 xxxxxxxxxxxxxxx Vote for passage: Date published 5/18/83 Moved by Lynch, 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 sus- pended, 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. Absent: None. R@@Plv@d A Approved 6y iha Lopal De arimenf 446 312 TV -00,3 s9 CITY Cir IOW/-\ CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA SS JOHNSON COUNTY CITY (319) 356-5000 I, Marian K. Karr, 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. 83-3118 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of May 19 83 , all as the same appears of record in my office and publisFe—d- in the Iowa City Press - Citizen on the 18th day of May , 19 83 Dated at Iowa City, Iowa, this 6th day of June 19 83 . a't4Q� Marian K. Karr, City Clerk Printers fee s— CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ee: 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 attached, was published in said paper 6n!P time(s), on the fol- lowingdate al- Cashier Subscribed and sworn to before me thisc&day of A.D. JfNotary Public No- �z & Z AE!tn OFFICIAL PUBLICATION OROIIMIICE W. 83-3118 AN pIIDIMNKE AUTNORIZI,, AHE AMENEAENT OF THE PRELIMINARY add FINAL PLARM AREADEVEIOPFENT PLAN FOR LOT 62, MACBPIUE AOOITION, PARE1 BE IT ORDAINED BY THE CITY C"CIL Of IM CITY. TWA SECTION 11 PURPOSE. The purpose of this I,Ylt sUAutMrite an aalnhant tothe preliadMry ane final Planned Area Cevelope4; Plan For Lot E1. MAOBride Addition, Part 2, which was adopted by Ordinance No. 71-IIM on March U. 1971. SECTION 1. That the aeMed ry prelinineand final p an For Lot 62, McBri of Addition, Part 2, is hereby approved as aendedy and descri Md as fol law: - Co .j" at the nort"4.r,l of Lot M. Part Two, bride Addition tp Inee City, Iowa, said Point MIp an the easterly right-ofline of Vann int Boulevard ane Ming the pOIAt of neginnilg; [hart- N 1°11'33" E, 118.65 feet along the uaterly right-.f-slq IinE of Ilbrtgn trek Boulevard to a 15 foot rediut GterseeNWen. Wive .,in Mal.... Avenue; thence northeasterly 21.88 feet along the 15 foot radius Intersection surra to the f.tMhly right-of-way line of Melrose A' -'- said curve Ming coMaved southeasterly And Mvi-2 Achord .length of 22.11 feet, Marin, R 49°15'33 E; thence sethe.stally along the southerly right - .,,y line of Melrose Avenue 515.13 feet along a 3n9. 83 foot curve CPM.W sout",U,ly, said curve M.Ing a chard IeMgth of 544. 75 feet, Haring S 79°M'12" E; thence $,0°11'31' E, 514.15 feet; trance S 88°29'30 W. 576.85 feet to the point of beginning. Said tract containing 7.53 Atres ere or leu.plw. SECTIONasREPEALER conLER.tt Alra that Drovieldo Oft s Of with this ordinance are hereby repealed. SECTION a SEVERABILI TV.' if ary eec tion, pror s on or Dart o the Ordinance shall be adjudged to M invalid or uMonstl Lwtibflal, such aj dicatlon shall Net affect the valfdi1;ys66:the 0 00lnance as a whole or any sectin", prov4ion or thereof Not adjudged invaNltf( or ::i Ostitutlonal. 6 ,m 5 EFFECTIVE DATE, This Ordinance shall n e e[ a ter nal passage, apgWal and p1611ca[ion As re9uired by lay. Passed and approved this WN day of May, 1963 — ATTEST: 2N J AL e l • J 7". May IB, 1983 2. ORDINANCE N0. 83-3119 AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES, ARTICLE II, TAXICABS, BY DELETING THEREFROM THE AUTHORITY CONFERRED UPON THE CITY CLERK TO ISSUE A TEMPORARY DRIVING PERMIT TO TAXICAB DRIVERS. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is To amend Chapter 35 of the Code of Ordinances to delete therefrom the authority conferred upon the City Clerk to issue a temporary driving permit pending receipt of an applicant -driver's certified driving record, which permit may be granted for a period not to exceed 30 days. SECTION 2. AMENDMENTS. Section 35-27(3) the sentence beginning, "the city clerk may issue a temporary driving permit pending receipt of the applicant's certified driving record. In no event shall temporary permit ex- ceed thirty (30) days" by deleting said sentence from sub -paragraph (3) of section 35-27 of the Code. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are here- by 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, pro- vision or part thereof not adjudged invalid or unconstitu- tional. SECTION S. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 24th day of May, 1983. OR 9T7 L CITY CL •RK %"head /D 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: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration 4/26/83 Vote for passage:Ayes: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Absent:• None. Second consideration 5/10/83 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: None. Date published 6/1/83' CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-5C00 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3119 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of May , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 1st day of June , 19 83 Dated at Iowa City, Iowa, this 9th day of August ,1983 a ona Parrott, Deputy City Clerk Printers fees C14_ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: OFFICIAL PUBLICATION THE IOWA CITY PRESS -CITIZEN OAMENDING4ACE 83-3119 AN ORDINANCE O R 35 OF THE COOS MC LE S. AR Of TING NCE3, ARTICLE I/• TAXICABS ONFj By IT ROMCLE THE AISSUE TA CONFERRED I, UPONDELETING CITY THE CITY CLERK TO A TEMPORARY DRIV DRIVIB PERMIT DRIVE DRIVERS, Bronwyn S, Van Fossen, being duly �CI v OF 10X4 -ORDAIN ORDAINED CITY'• IOWA: sworn, say that I am the cashier of �. Purpose Rpp�SEno .the IOWA CITY PRESS -CITIZEN, a news or Me sp Chapter the or Ordinances CM Code paper published in said county, and that m delete chart the autitarity conferred upon the City Clark to a notice, a tinted CO P copy of which is hereto 10�• a tasporery driving genic receipt of an applicant -driver's upretifiedd att ed, was published in said driving Word Mich pareft aey be granted paper ime(s), on the fol- for eperiod not to exceed 30 days SECTION 2. AMENDMENTS. to g date(s): Section 35-27(3) sen nce o nn rg, "the city Clark as Issue a teaporary driving p"itg receipt of the ponding applicant's certified driving -- record. In rev avant shill rit exceed thirty (30) days" by deletingsaidaid sentence frog sub -paragraph (3) of section 35-27 of the Coda. IF SE�lON 3 REREALER. All ordinances and i 0 Or MIKet in [011flict Yith the provision of this ortlinaan. aro hereby revealed. Cashier ECTION 1. SEVEAABILi7y it any section, provision or pa o e Ordinance shall be adjudged to be Invalid or unconstitutional, Subscribed and sworn to before me such eludication shall not affect the validitli of the ordinance as a ,male or // this 3f day any 'action- provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. Of�41 tin D A. D. (� This Ordinance a n e a r is final Publicationm passage, approval aPublication as required by la. Nay, 198Pas3 approved this 24th day Of f,�C6LC\�'A 1l�19& Notary Public s��and - Y56" C �s�L ATTEST: No. �1rs�� 7350June1, 1983 i swsU ORDINANCE NO. 83-3120 ORDINANCE AMENDING SECTION 31-10 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, TO ADVANCE THE EFFECTIVE DATE FOR REMOVAL OF PROHIBITED SURFACE MATERIALS. SECTION I. PURPOSE. The purpose of this amendment is to advance from July 1, 1984, to November 1, 1983, the effective date for removal of prohibited 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. Section 31-10 of the Code of Ordinances is hereby repealed. B. 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 November 1, 1983. Each property owner in violation on the date of publication of this ordinance or thereafter shall be notified of such violations 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 Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 61?- SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. 24th Passed and approved this day of May , 1983. 63 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 5/10/83 Vote for passage:Ayes: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: None. Second consideration XXXXXXXXXXXXXXX Vote for passage: Date published 6/1/83 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 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. Absent: None. RecNvrxT & Approved Py U., Legal De artraent --* L.._...._.'." r V h 6�4 CITY OF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3120 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of May , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 1st day of June , 19 83 , Dated at Iowa City, Iowa, this 9th day of August ,19 83 Raona Parrott, Deputy City Clerk Printers fee Sjv_6� 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 athe , was published in said paper time(s), on the fol- lopfing date(s): Subscribed � and sworn to before me this jday of� A. D. 19 I /- �Xotaryublic No. ! /(zJa w UFHCIAL PUBLICATION OU,, ICE No. 83-3120 ORDINANCE WRING SECTION 3E-10 OF THE [ODE of OROISNNCES OF THE CITYIDACITY. INA, TO ADVANCE THE EFFECT DATE FOR REMOVAL Of PRONTBITED SURFACE IMTERIALS. SECTION 1. PURPDSE. TM purpose of this amendment silo dveM July 1. Issue. to MweDer 1, 1993, the effect/v< dmta for naoval'of prohibited surface aaterols In the area batNsen the trawl" or paw" aro of theetreat right -of -illy And the AdmittingAtting private he line. . SECTION 1 NIENONEMiS. A. on - o' he LOM o! Drtli ponces is B Cn.pter by 0! [M COM o! bei,YKe{ is nenDy arndi Dr .01 1-10, the folluwi su Yw sm teri Lc. 31-10. s, the tratl wrloa natnrlass I, L h area MtNamn the travel" or Daabu aired of the atrwt right -df -way entl the "uttlrq pri vetea11Y. Y opersonrso. ro pl eco no at ry to M DIKed my liab rocks, saws, growl, n lint liar loose tWebthe as a wror YterNl in tM area between right-of-way the traveled! or pews area pr the street right-of-way ant the abutting property n a such DroMhe,I surface hall N currently, eines their use shell M discontinued! Nova area . 1 Y4 Each repvea on er tali Novamber, I, 19&1. Each progeny owner in vlotation on the date of bull M nv II ar tris uchi nonceti thereafter.inAcAccordance M,roti Ilea of such vif the 14 in ati Co with the 2, Article of 1M AdminIsNYS{re COM, [neDter 3, Ardc9e IX. This Director o1 pui lbrts J. eMpt .ocad, reti Ve c. latiw s Abs atabli,h atceptesle surface materials in asteblist policies aha Droc"urea far alrh Dbcwn[ an0 rinteYKe. SERIN In REPEALER. All ordiMecec and parts a7 oar i— n con rict with the provision of T.. o"'blip are Mrdy repealed. SECT Y RARILITY. le a,y section, Drov s m pe o tM ."{.rent rMil M adjudged to Y Invalid or uMolbstitutlwt, such ej"kation eMll hot affect the 'validity of the Ordinance as a whole or ape session, provlsl" w part Vareof not "Judged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ovdiw�te shall te n a�K a rhe E s� The, w.s .approval ant p W l lutiM " reguf r" by law. loss 0 aed approw" this Z1th day a ANY . 1983. ORDINANCE NO. 83-3121 AN ORDINANCE VACATING A PORTION OF LUCAS STREET LOCATED NORTH OF PAGE STREET AND SOUTH OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD RIGHT-OF- WAY. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That a portion of Lucas Street right-of-way in Iowa City, Iowa, is hereby vacated for street purposes, and that said portion of right-of-way is described as follows: Beginning at the Southeast corner of Lot 2, Block 4, of Page's Addition, Iowa City, Iowa, in accordance with the recorded plat thereof, and which point is also the intersection of the westerly right-of-way line of platted Lucas Street and the northerly right-of-way line of Page Street; thence North 00008'13" West, along the westerly right-of-way line of said platted Lucas Street, 83.46 feet to a point which is 50.00 feet normally distant southwesterly of the center line of the main trackage of the Chicago, Rock Island and Pacific Railroad Company; thence South 73°35'58" East, 62.59 feet to a point which is 50.00 feet normally distant southwesterly of said main trackage center line, and which point is on the easterly right-of-way line of said platted Lucas Street; thence South 00°08'13" East, along said right-of-way line, 67.09 feet, to its intersection with the projected northerly right-of-way line of Page Street; thence North 88°45'18" West, along said projected northerly right-of-way line, 60.22 feet to the point of beginning. Said tract of land contains 4,515 square feet more or less and is subject to easements and restrictions of record. SECTION II. That a twelve foot wide utility easement is retained over a portion of the above described right-of-way, the east line of which is located parallel to and seven feet west of the center line of said described right-of-way, and the west line of which is located parallel to and eleven feet east of the west right-of-way line of said described right-of-way. SECTION III. This ordinance shall be in full force and effect when published by law. 4S Passed and approved this 7th day of June, 1983. i mW L_'_�.__—MI ATTEST: }ija cI 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 DICKSON X ERDAHL X LYNCH X MCDONALD x NEUHAUSER _x PERRET First consideration 5/10/83 Vote for passage: Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. Second consideration 5/24/83 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: None. Date published June 15, 1983 Received & Approved By Tiv7 ? e, -c! 'Japartment /rL/3 3A.-" X3 6G CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50OJ STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3121 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of June , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 15th day of June , 19 83 Dated at Iowa City, Iowa, this 9th day of August ,19 83 Ragibna Parrott, Deputy City Clerk 99 Printers fee $AI 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 hed, was published in said paper imelsl, on the fol- roningl: , Cashier nand sworn to before me this �/ d y o A.D. Notary Public P JUU $MYMAKUt OFFICIAL PUBLICATION DRDf11ARCE M. 83-3121 M OR1)IIM4CE VACATIHO A PORTION OF LUGS STREET (MATED NORTH a PARE STREET•W SOUTH OF THE CHICAM. ROCK ISLAND AND WIEN RMUROAD RIRHT-OI- M1. BE IT ORDAINED BY CK CITU CMIL OF, IM CITY, IM. SECT I That a portion of Wca. Street -p "aY in IOW. City. law, Is harehy vacated for street sr,sas, and that said portion of rightruf-wy is da«rihad as fal lane: Bag' Mir,, at the Southeast Comer of Lot 2, BI'k e, Of Raw" Addition, Iw City. low , In «urMnoe With the r«orMd pial thereof, am Mich Mint is sten the 4ho,, Ktinh of IN "surly right -o/ -Way Jim Of plattN loco street am the northerly right-o/Way Jim o/ Rape street; thenoe earth 0009'13' east, alae the "surly right-.f�raY aim Of said plated tutu street, W.4 feet u a Mint Wnich Is 60. OD fast noMally distant southwsurlY of the canter line o/ the lain tracka' of the Gica,t, R«k I,I.M and p«flit Railroad Caesars; ENou south 12°55'59' East, 62.59 fast to a Mint Mich is 50.00 fast -really distant anotn"surly of said in tr«kaga CMtar JIM. ane MIC, Joint is on the ..surly right -of -Way Jim Of }aid plattal Lucas Street; theme $MN 09'09'15" East. alae said rigM-of-wy aim, 67.09 flat, to Its intarlKtlM WIta the pnoJ«ted northerly rfght-Of-wajr lam of papa S treet; thenen North 9845'19 Ideal. ala,, said pnojKtaa northerly rigm-O/-aa, Jim, 60.22 feet to the Mint of hegiming. Said tract of lam contains 4,515 finesse fast Mm or JR.. ane Il sonj.t U MCM11t, an, r..trtctinm of recons. INN 11. flat . teal" fast Wib utilfty ".t is ratainal ov.r .'Kion of the show ddscriud right -of -"y, the Rest Jim of MI Ch Is l.tal Parallel to am . feet at of the cental Iina Of said descrihed rigor-eM1f4,, am the east lien of Mich Is louud parallel to .,A alayen feet east of the east rigK-of-wy line of said descrlhad rightOf-Way. SECTIM III. This o sTranu shell M in full fora And Is K npool fshed by lee. Passed and approved this 7th day of Jum. IM3 ATIFEST 7600 1 T5'i June 15, 1963 ORDINANCE NO. 83-3122 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 1425 NORTH DODGE STREET EXCLUDING THE SOUTH 70 FEET THEREOF. 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 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 1425 North Dodge Street excluding the south 70 feet, said property being legally described as: Parcel 1: Beginning at a point which is ten feet north and 240 feet east of the southwest corner of Lot 3 of Jacob Ricord's Subdivision of the northeast quarter of the southwest quarter of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian; thence east 100 feet; thence north 60 feet; thence west 100 feet; thence south 60 feet to the point of beginning, subject to an easement over the south five feet thereof for the purpose of a public street; excluding from said parcel the south 90 feet thereof. Parcel 2: The following described parcel except the southerly 90 feet thereof: Commencing at the southeast corner of Lot 3 in Jacob Ricord's Subdivision of the northeast quarter of the southwest quarter of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian, according to the plat thereof recorded in Book 15, page 146, Deed Records of Johnson County, Iowa; thence south 88054' west 320.1 feet; thence north 135.5 feet; thence south 89°48' west 95.1 feet; thence north 02°03' east 128.7 feet to the southeasterly line of Highway 261; thence north 56°43' east along the southeasterly line of said highway 125.7 feet to the north line of said Lot 3; thence north 88°54' east along the north line of said Lot 3, 314.2 feet to the northeast corner of said Lot 3; thence south 42' west 330 feet to the place of beginning, according to plat of survey recorded in Plat Book 4, page 119, Plat Records of Johnson County, Iowa, except the east 238.86 feet of said Lot 3 in Jacob Ricord's Subdivision. Parcel 3: The east 100 feet of the following described premises: Beginning at a point on the west line of Lot 3 in Jacob Ricord's Subdivision in the northeast quarter of the southwest quarter 67 of Section 2 in Township 79 North, Range 6 West of the 5th Principal Meridian, as recorded in Book 15, page 146, Recorder's Office of Johnson County, Iowa, 70 feet north of the southwest corner of said Lot 3; thence north on said west line of Lot 3, 66 feet; thence east parallel with the south line of said Lot 3, 340 feet; thence south parallel with the west line of said Lot 3, 66 feet; thence west parallel with the south line of said Lot 3, 340 feet to the place of beginning.. 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 7th day of June, 1983. C. (JAYOR ATTEST: 7y/ ,J `;� J Received 2z Anp.ouea CITY CLERK By The legal Departiawrt 3 It was moved by McDonald , and seconaed 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 MCDONALD X NEUHAUSER X PERRET First consideration 5/10/83 Vote for passage: Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: Dickson, Erdahl, Perret. Absent: None. Second consideration 5/24/83 Vote for passage:Ayes: Balmer, Lynch, McDonald, Neuhauser. Nays: Perret, Dickson, Erdahl. Absent: None. Date published June 15, 1983 69 CITY OF CN/IC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3122 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of June _'19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 15thday of June , 19 83 . Dated at Iowa City, Iowa, this 9th day of August ,19 83 Ramo a Parrott, Deputy City Clerk Printers fee sa6_�2 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN It 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 ayy��,��c. .1 was published in said paper b,-time(s), on the fol- lovx4g datelsl: _ 1A_ n ler Su¢scribed and sworn to before me this &114 day o�, A. D. 19� � ye Notary Public No,.�o�3�(v z Jun:IAVMQC OFFICIAL PUBLICATION ORDINANCE M. 83-3122 ORDINANCE AMENING THE ZONING OMINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY [➢GATED AT 105 NORTH DMGE STREET EXCLUDING THE SOUTH 70 FEET (HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of IOM CITY, IOM: SECTION 1. That tae property deKrinad bald, Is Fen y—MEARFlfleE f. it. Fes wnt tlay.m ti. of RIA to C2, AM the oouNaries of the C2 noes es indicated upon the iminq as, of the City of Iwo City, low. snail N enlarged W Include the Property located at 1125 North Did" Street eKl Wire the South 70 feet, said rd,1, hei,g lapel ly descri brd as: Parcel 1: eB—Drina at A Point Micas is ton feet north W a0 fast out of the soutMert corner .r lot 3 of JKnb Ricom's Svadivl Sion of the northeast quarter of the Southwest carter of Section 2, Touaship 79 North, Range 6 Vest of the 5th Principal Meridian; ths. ..It IN fast; thence north 60 feet; thence west 100 fast; than south 60 fast to the Point of beyiming, subject in an ...t over the Wu fila fast thereof for the purpose of a Public street; "ClWlrg fron said parcel Ne south N felt thereof. Parcel 2: —TIwT011win described yarpal Recent the southerly W feet ther fq Coercing at the southeast cornar of Let 3 in Jlcub Ricofd's Subdivision of the northeast quarter of the Bout asst quarter of Section 2. TwsMp 79 Morin, law 6 Vest of the 50 Principal Mridian, Kcordinp to the plat thereof recorded in Book 15, pap 316, bed RacONs of Johnson County. Ica; tMKe south BBs51' west 120.1 fast; thence north 135.5 feet; tales. with 89°18' wit 95.1 fast; thence north O2aO3' east 128.7 fast to the sautheaiterly line Or Higleray 261; thence north S6e13' east alOnp the Southeasterly line Of Said Highness125.1 feet LO Use north lin Of Said Lot 3; thence north BBe51' east also the .,in line Of said Lot 3, 311.2 fast to the northeast career of said Lot 3; thence .11 12' it 330 fast to the plate of Mginninq, acwrdino LO plat of survey ncarMd in Plat Book 1, Pap 119, Plat Records of Johnson County, Ica, latest the It 238.86 feet of said Lot 3 In Jacob Flitted's Subdivision. Parcel 1 -Tot IN feet of the f011av1ng descriOed PreNlses: Bpinniup At a pint on the sell IM of Lot 3 in JKub Ricord's Subdivision In the rortMast carter of the southlast nartar of Section 2 in Twship M north, Basis 6 Wit of the 50 Principal Maridi", n carded In Book 15, pap 116. Ratarder'e Office of Johnson County, Ica, 70 flat ARM Of the southeeit corner of Said Lot 3:tnaece north on Said vest line of Lot 3, 66 fast;. them. ..at parallel NN the south lira of said Lot 3, M fast; these south parallel with the wit lift of said Lot 3, 66 flat; Clientstnts wit parallel with the South lire of said Lot 3, 310 felt to the pint of Mpinnirp. aucTSE 7 i " The Building Inspector is herve, aN directed to claw, the luring as, of Use city of Ica city, Ica, to confors to Nis alandselt tom the final pasSap, wroasl ant publication of Of, ordinance as provided by law. 5F[Tlgl III. TM City Clert is MrROy authorized aT_ 'KEea lel certify a copy Or thin ordinance to the County Recorder of JoMsm County. Ica, upon final panew am Publication an PrO.Idad by lea. SECTION Is. REPEALER. All ordinance am parte d oZr iMC;Isy I�TonFiTtt wino the provlaon of this oNimnce arc Mrepy rcpea IN. SECTION V SEVERABILITY. if any sectlla, prof s—TTn OF�pa T the Ordinance snail on adjudpdn to al invalid or unconstitutional, spin a3Wicatren shell not affect the validity of the Ordinance as • Male Or any section, provision or part thereof mi adjudged Invalid or unconsti- tutional. SECTION VL EFFECTIVE RATE. This Ordinal[. eMll In a& afiic aT7Gi R/inaal pasup, pproval am Publication as rlaulred by ear. Passed am sesrown this 7th day of June, 1983 �ulte„�si f ATTEST: —CITY CLERK 7601 June 1s, 1983 ORDINANCE NO. 83-3123 AN ORDINANCE VACATING AN EASEMENT FOR PUBLIC HIGHWAY PURPOSES ALONG WOOLF AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. That the easement in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: Commencing at a U.S. boundary marker, which marker is 37.8 feet south of the center line of U.S. Highway No. 6 and 25 feet east of the center line of Woolf Avenue, which marker is also the northwest corner of the Veterans Administration Hospital lands, thence along the westerly boundary of the hospital lands S O1°06'51" West a distance of 424.8 feet to a concrete U.S. boundary marker and the TRUE POINT OF BEGINNING, thence S 38°45'29" West 117.39 feet; thence S 37°35'23" East 114.66 feet; thence N O1°06'51" East 182.43 feet to said true point of beginning. SECTION 2. This Ordinance shall be in full force and effect when published by law. Passed and approved this 7th day of June, 1983. —1AA0 I% I dl jAJ§ D 1 A D l'' YOR ATTEST:,) �,� J CITY 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: X BALMER �— —� DICKSON ERDAHL �- LYNCH X MCDONALD NEUHAUSER X PERRET First consideration XXXXXXXXXXXXX Vote for passage: Second consideration XXXXXXXXXXXXXX Vote for passage: Date published June 15, 1983 Moved by Balmer, 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 suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Balmer, Dickson, Erdahl, Lynch, Neuhauser, Perret. Nays: None. Absent: None. Racclvma P, fi"saVs-J it CITY OF IOW/-\ CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Ramona Parrott, 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. 83-3123 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of June , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 15th day of June , 19 83 , Dated at Iowa City, Iowa, this 9thday of August ,19 83 apiona Parrott, Deputy City Cork 97 Printers fee SSL 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 ched was published in said paper timelsl, on the fol- io ng date(s): Cashier Subscribed and sworn to before me this ' / Iday o�. A. D. 19 �� Notary Public No. sine OFFICIAL PUBLICATION ORDINANCE NO. W-3123 AN MINANCE VACATING AN EASEIENIT FN PUBLIC HIGHWAY PURPOSES ALONG k001f AVENUE BE IT ORDAINED BY THE CM CNNCIL OF IONA Cm: IOt4: SECTION 1. That the easesaht In low City, law, ,Terc�fter described M and the aaee s Mreby racatea: Cod .Iw at a LLS. Wundary eerkeq Mich Parker is 33.0 feet south of the center line of U.S. Ni Vlmay No, 6 and 25 feet east of the canter line of Wolf Avenue, Mich Parker Is also the hot st career of tho Veteeanz Adeinistration Wairitai Lnds. thea. almp the wsterly houndary of the ho"ital IaMs 5 01°06'51" Nast a distant. of 424.0 feat u a cone"te U.S. boundary Parker ed the TM POINT OF BEGINNING, thence S 3B°45'Z9" wast 113.39 feet; thence S 3A35'Z3" East 114.66 feet; them Is O]°06'51' East 102.43 feet te said tree point of tsr innify. SECTIN L This Ordinance shall M in dull fd . FnT.f tt Nhen publ isMd by les. Passed aM approved this 71h day of JuM, 1983 —A3aa<L6�'r31�1BGidlp� ATTEST: 7599 ��___—June 15, 1983 ORDINANCE NO. 84-4124 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES "ELECTIONS" BY DELETING THEREFROM ARTICLE II MUNICIPAL ELECTION CAMPAIGN FINANCE REGULATIONS EXCEPT FOR THE LIMITATION ON CAMPAIGN CONTRIBUTIONS PROVISION. BE IT ENACTED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this Ordinance is to repeal the Municipal Election Campaign Finance Regula- tions since these regulations are similar to Chapter 56 of the Code of Iowa with candidates for municipal office being subject to the campaign finance disclosure require- ments of the said Chapter 56 and the State law campaign finance disclosure requirements are adequately regulated by the Iowa Code. Provided, however, that the provisions in Sec. 10-19 placing limitations on campaign contributions shall remain in full force and effect. SECTION 2. REPEAL. Article II of Chapter 10 of the Iowa City Code of Ordinances consisting of Sections 10-16, 10-17, 10-18, 10-20, 10-21 and 10=22 are, by this Ordinance, hereby repealed. SECTION S. LIMITATION ON CAMPAIGN CONTRIBUTIONS. a) Con- tributions by persons. With regard to elections to fill a municipal public office or for a ballot issue, no person shall make, and no candidate or committee shall solicit or accept, any contribution which would cause the total amount contributed by any such contributor with respect to a single election in support or opposition to such candidate or ballot issue, including contributions to political committees sup- porting or opposing such dandidate or ballot issue, to ex- ceed fifty dollars ($50.00). b) Contributions in name of another. With regard to elections to fill a municipal public office, a person shall not make a contribution or expenditure in the name of another person, and a person shall not.knowingly accept a contribution or expenditure made by one person in the name of another. c) Sources derived from loans. Any candidate or committee receiving funds, the original source of which was a loan, shall be required to list the lender as a contributor. No candidate or committee shall knowingly re- ceive funds from a contributor who has borrowed the money with- out listing the original source of such money. SECTION 4. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ja 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 _ice DICKSON _x EROAHL x LYNCH y MCDONALD _y NEUHAUSER _ PERRET First consideration XXXXXXXXXX Vote for passage: Second consideration Vote for passage: XXXXXXXXXX Date published June 15, 1983 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. —7q CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83_3174 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of June , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 15th day of June , 19 83 . Dated at Iowa City, Iowa, this 9th day of August ,19 83 CLs2 LaJ LZ-LLt //� anona Parrott, Deputy City Clerk -Printers fee E /0 CERTIFICATE OF PUBLICATION :TATE OF IOWA, Johnson County,sa: 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 (0 D — time(s), on the fol- lovAhg date(s): _ Subscribed and sworn to before me this ,LL' 'day o�_� A.D. 192 Notary No. z_L? z OFFICIAL PUBLICATION ORDINANCE NO. 83-3124 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES "ELECTIONS" BY DELETING THEREFROM ARTICLE 11 MUNICIPAL ELECTION CAMPAIGN FINANCE REGULATIONS EXCEPT FOR THE LIMITATION ON CAMPAIGN CONTRIBUTIONS PROVISION. IOWA: BE IT ENACTED BY THE CITY OF IOWA CITY, il SECTION 1. POSE. The purpose of this r nonURP ce s to repeal the Municipal Election Campaign Finance Regulations since these regulations are similar to Chapter 56 of the Code of Iowa with candidates for municipal office being subject to the campaign finance disclosure requirements of the tsaid Chapter56 and ,the State law campaign finance disclosure requirements an adequately regulated by the Iowa Codp. Provided, however, that the provisions in Sec. 10-19 placing limitations on campaign contributions shall remain in full force and effect. SECTION 2. REPEAL. Article II of Chapter oil/—t�Fie . City Code of Ordinances consisting of Sections 10.16, 30-17, 10-18, 30-20, 30-21 and 10-22 are, by this Ordinance, hereby repealed. SECTION 3. LIMITATION ON CAMPAIGN CONTRI- a ontnbu ions y persons. th �- to eiections to fill a municipal Public office or for a ballot issue, no Person shall make, and no Candidate or committee shall solicit or accept, any contribution Mich would cause the total ,Mount contributed by any such contributor ,With respect to a single election in support or opposition to such candidate or ballot issue, including contributions to Political committees supporting or opposing such Candidate or ballot issue, to exceed fifty dollars ($50.00), b) Contributions in name at another. With regard to elections to 1411 a municipal public office, a person shall not make a contribution or expenditure in the name of another Person, and a person shall not knowingly accept a contribution or expenditure made by ome Person in the name Of another. c) Sources derived from loans. NO, candidate or committee receiving funds, the original source of which was a loan, shall be required to list the lender as a Contributor. No candidate or committee shall knowingly receive funds from a contri- butor who has borrowed the money without listing the original source of such money. SECTION e. REPEALER. All ordinances and r s o Ordinances inconflict with the provision of this ordinance are hereby repealed. SECTION S. SEVERABILITY. If NOM section, provision or par o 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. Passed and approved this 7th day of June, 1983. MTVX ATTEST: 4.� 7T T "CLERK-- 7598 June 15, 1983 ORDINANCE NO. 83-3125 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT THE INTERSECTION OF THE PROPOSED FREEWAY 218 AND HIGHWAY 1, NORTH OF HIGHWAY 1 NEAR WILLOW CREEK. 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 RIA and CH in the County to C2. Tract 1 - The northwest quarter (NW;) of the northeast quarter (NE%) of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; said tract containing 40 acres more or less, and Tract 2 - The southwest quarter (SW -4) of the northeast quarter (NE',) of Section 20, Township 79, North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, except the following: Beginning at the center of said Section 20; thence N 0°25'E, 524.1 feet along the west line of said SW; NE;; thence S 52°22'x" E, 140.3 feet; thence S 61052'x" E, 692.8 feet; thence N 76°41' E, 198.4 feet; thence N 40°45' E, 629.2 feet to the east line of said SW', NE;; thence south to the SE corner of the SW; of the NE', of said section; thence west to the center of Section 20, which is the point of beginning; said tract containing 30 acres more or less, 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. —75 SECTION VI. EFFECTIVE DATE. This Oru nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 14th day of June, 1983. 1M> C _ Tj OR ATTEST: 2� -K . 1..J CITY CLERK 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 5/10/83 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: None. Second consideration 5/24/83 Vote for passage: Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. Absent: None. Date published June 22, 1983 ReeehMd & Approved By The LeZai Dop,rh�9n! -W, CITY OF CHIC CENTER 410 E. WASHINGTON ST. STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3125 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of June , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 22nd day of June , 19 83 . Dated at Iowa City, Iowa, this 9th day of August ,19 83 9�L12 Ramdna Parrott, Deputy City Clerk C Printers fee 8.L—_ 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 aas published in said P' er tt hod, wtime(s), on the fol - 1 ing date(s): Iff Cashier Subscribed aTd sworn to before me Chi �v/ l this Q day otJA. D. r rte- eaW Notary Public La MUSLAYMM OFFICIAL PUBLICATION ORDINANCE NO. Bl-ll;i ORDINANCE AMENDING THE ZONING ORDINANCE BY CNYNGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT THE INTERSECTION ON THE PROPOSED FREEWY 218 ANO HIGHWAY 1, NORTH OF HIGIIJAY I NEAR NIILW CREEK. BE IT OROAIIRD BY THE CITY COUNCIL ON THE CITY OF IRA CITY, IATA', SECTION 1. Inset the property aescrl Md Hilda is �la65ifieo free Its present cLsslficatlon of WIN and CN In the County to C2. Trait I - Toe nort"st porter (Mak) of the mrtMatt quarter (NEE) of Section 20, loan hip 79 MPrth. Rnge 6 Nest of tad Fifth Principal Meridian, Johnson County, lesa; said treat cwW nirY, 60 If Fere or less. ane T,ut 2 - The ...tNrst quarte, (Aly) of the eertheast quarter (MEN) of Section 20, Tmmshlo79, MorU, Barge 6 least of LM Fifth Print ip♦1 Nevieian. JoMAon County. Lew. eacept W following: Begionlrp at the center of said Section 20; thence N 0a25'E, 524.1 feet FIFTY, the Nest line of said SA MEN; thence 5 52°22'4" E. 140.1 feet; thence 5 61-52-V E, 642.8 feet, thence H 76-41' E. 198J feet; thence M W45' E, 629.2 feet te I" it It. of said SA MEN; thence south to the SF career of the SA Of the NEN Of "Id Bet Ede; thenen est to the Center of Section 20, NNRh is the point of Moine p; said tract cwtatnip M Fans more or leas, SECTION IT The buildup Inspector is hereby aY�l and dlrested to change theIOn111p sap of The City of loea City, low, t0 conforF to this renyent up6n the final passage, appray.l RM publication of this ordinance as prodded by IN. SECTION III. The City Clerk is hereby authorited Fndari_6� to Tariff, A dopy of this urdinaree to the County Recorder Of Johnson County. ion, upon fi Ml pa.s and put I ic.ti On as provided by Ion. SECTION IV. REPEAL R. All erdi Hance, eM puts of T5TINs n ct 0ith the provision of "I, o,'11MR w are hereby rapaaled. SECTION V. SEVERABILITv. If any section, prov scion or pa, N the Ordinanceshall be edledped w he invalid An ..Heti......" sac' a7udication shell cot affect the validity of the OrdinFnce as A sisal. on any settlor, provision or part thereof rot adlodoed Invalid or untoeeti- tutlonel. SECTION VI EFFECTIVE GATE. This Ordinanta ,Mil A elPecialtee, rsN Q, waaaq. approval Redpublfution as reoui,ed by Ion. Passed AM approved this lath day of June. 1987. 471ST: 1716 �'7 June 77, 1987 ORDINANCE NO. 83-3126 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE V OF THE IOWA CITY CODE OF ORDINANCES. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. SECTION 1. PURPOSE. The purpose of this ordinance is to amend Chapter 8, Article V of the Code of Ordinances to establish protection for life, safety and limb for moving buildings within and through the public streets of the City of Iowa City. SECTION 2. AMENDMENT. Article V of Chapter 8 of the City Code is hereby deleted and in its place is substituted the following new Article V: ARTICLE V. HOUSE MOVERS. DIVISION 1. GENERALLY. Sec. 8-58. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. BUILDING is any structure used or intended for supporting or sheltering any use or occupancy which when loaded on any carrier of any kind has a loaded height exceeding thirteen (13) feet and a loaded width exceeding twelve (12) feet. BUILDING OFFICIAL is the official designated by the City Manager to enforce this chapter. Sec. 8-59. Limitations as to Size, Value and Condition of Building. No building shall be prepared for a move or shall be moved upon or through the streets of the city which building exceeds thirty-four (34) feet, loaded width, including overhang, or which exceeds thirty (30) feet loaded height. Said size limitations may be waived by the Building Official, with the concurrence of the City Forester and the Traffic Engineer, if in their opinion the oversized building may be safely moved on the proposed route, without danger to property or public improvements. No building shall be moved upon or through the streets of the city to a lot in the city if the value of such building before moving is less than forty (40) percent of the value of a new building of the same type. No building shall be moved in or through the streets of the city to a lot in the city if such building is in such deteriorated condition that, in the opinion of the Building Official, it is unsafe and a hazard. 77 Ordinance No. f 126 Page 2 Sec. 8-60. Building Permit Prerequisite to Moving Building to Lot. No person shall prepare any building for a move nor move any building to any lot within the city unless he/she shall have first obtained a building permit for such building on such lot. Sec. 8-61. Deposit for Expense to City. Upon receipt of an application for a permit under Division 2 of this Article, it shall be the duty of the applicant to procure from all appropriate City departments or other governmental bodies, and the utility companies involved, an estimate of the expense that will be incurred in removing, trimming, cutting or replacing any property on the route of the move, including trees on public property above the height of thirteen (13) feet, by reason of the moving of the building through the city, together with the cost of materials necessary to be used in making such removals and replacements, and expenses of city personnel and the utility companies occasioned by the moving. Prior to the issuance of the permit, the applicant shall deposit with the City Treasurer a sum of money equal to twice the amount of these estimated expenses. Such deposit shall be in cash, or by certified check, cashier's check or such other form as the City Treasurer may require. No personal checks will be allowed. Sec. 8-62. Insurance. Any person filing an application for a permit under Division 2 of this Article shall file with the Department of Housing and Inspection Services a liability insurance policy issued by an insurance company authorized to do business in Iowa, protecting the applicant and the city and its officials, providing for coverage of one hundred thousand dollars ($100,000) for any property damage, one hundred thousand dollars ($100,000) for injuries to any one person, and three hundred thousand dollars ($300,000) for injuries to all persons in any one accident. The policy may be a blanket insurance policy covering any building moving by the applicant. Such policy shall inure to the benefit of the city and the city shall be named insured herein for the use and benefit of any person intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance, non -feasance or negligence on the part of the mover in connection with any of the activities or conditions upon which the permit applied for is granted. Ordinance No. 126 Page 3 Sec. 8-63. Disposition of Fees and Deposits. (a) Deposits and Fees. The City Treasurer shall receive all fees and deposits required by this Article. (b) Return Upon Non -Issuance. Upon refusal to issue or non -issuance of a permit, the Building Official shall inform the City Treasurer who, after being so informed, shall return all deposits to the applicant. Permit fees filed with the application shall not be returned. (c) Return Upon Allowance for Expense. After the building has been moved, the Building Official shall prepare a written statement of all expenses incurred in removing, trimming, cutting or replacing all public property, and of all material used in the making of the removal and the replacement together with a statement of all damages and costs caused to or inflicted upon the City. Upon receipt of the Building Official's statement, the City Treasurer shall return to the applicant all deposits after deducting a sum sufficient to pay for all of the costs, damages and expenses incurred by the City by reason of the removal of the building. Permit fees filed with the application shall not be returned. Sec. 8-64. Designation of Route. In conjunction with the application for a permit under Division 2 of this Article, the applicant shall develop and submit a list of designated streets over which a building proposed to be moved pursuant to this article is to be moved, which list must be approved in writing by the Director of Public Works, Chief of Police, the Fire Chief, and the City Forester. In making their determinations, the Director of Public Works, the Chief of Police, the Fire Chief and the City Forester shall act to assure reasonable safety to persons and property in the City, including trees on public property and to minimize congestion and traffic hazards on public streets. Sec. 8-65. Time of Moves. The time of all moves must be approved in advance by the Building Official and recorded on the permit. Generally, all building moves may not commence, that is leave private property and enter public property, before 9 a.m. and must be completed, that is leave public property and be placed on the designated site of the completion of the move, by 4 p.m. of the same day; or may not commence before 7 p.m. and must be completed by 6 a.m. the following day. The Building Official may make exceptions, for good cause, to the time of move. 71 Ordinance No. I 126 Page 4 Sec. 8-66. Lighting of Building Moves. Building moves during the night time, including one hour or sooner before sunrise and one hour or later before sunset, must be flood lighted such that the structure being moved is illuminated sufficiently to permit ready visibility of the top and side clearance of the structure and any obstruction that may be in the path of travel. The Building Official shall approve all lighting in advance of any move. Sec. 8-67. Storage on Public Property Restricted. No building being moved pursuant to this article shall be stored on any public street, way, place, alley, park, square, plaza, any City -owned right-of-way or any other public property owned or controlled by the City. Sec. 8-68. Duties of Permittee. Every permitee under Division 2 of this Article shall: (a) Use Designated Streets. Move a building only over streets designated for such use in the written permit. (b) Conduct the move on the date and time stated on the approved permit. Failure to move on the date and time as stipulated shall require the applicant to reapply for a moving permit and receive new signatures of approval as required in Section 8-64 above. (c) Notify of Damage. Notify the Building Official in writing of any and all damage done to public or private property within twenty-four (24) hours after the damage or injury has occurred. (d) Comply with Governing Law. Comply with the Building Code, the Electrical Code, the Plumbing Code, the Zoning Ordinance, the State Energy Code, the State Handicapped Code and all other applicable Codes and Ordinances. (e) Pay Expense of City. Pay the cost and expenses of the City occasioned by the movement of the building. (f) Clear Old Premises. Remove all rubbish and materials and fill all excavations to existing grade at the original site so that the premises are left in a safe and sanitary condition within ten days of the moving date. The old basement or any excavation on the original site shall be fenced in immediately upon removal of the building and shall remain fenced until the excavation can be filled in. A0 Ordinance No. 1 126 Page 5 (g) Remove Services. Plug the sewer line with a concrete stopper unless otherwise directed by the City. The plugged sewer line shall be inspected by the City before backfilling. The permittee shall arrange to have the water shut-off at the property line and the meter returned to the City. The permittee shall notify all utilities including the City, to disconnect all services at least forty-eight hours in advance of said moving. (h) Notify Utility Company. Notify telegraph, telephone, electric and gas company, railroad companies, cable television or any other utility at least forty-eight (48) hours in advance of the moving of any building that will interfere with the pole, wires or other property of the utility, specifying in such notice the highest part of the building above the surface of the street, the proposed route and time of moving. The utility shall furnish, at the expense of the permittee, a competent person to superintend the removal and replacement of such wires, poles or other property. The permittee shall, at his/her own expense, furnish all the labor, materials and equipment necessary, and shall remove and replace the property as directed by the appropriate utility company. Only authorized personnel of the utility company shall remove or replace any wires, poles or other property. Sec. 8-69. Prohibited Parking on Streets. Parking shall be prohibited on streets included in the routing for the moving of a building. At least forty-eight (48) hours in advance of the time of the moving the permittee shall post signs provided by the City, designating the area as a no -parking area. The Building Official shall ensure that such signs are posted by the permittee in a timely manner. Such signs shall be removed by the City after the move is completed. If any vehicle is parked illegally in violation of the provisions of this section, the permittee shall be responsible for the expenses of towing the vehicle away but may recover said expenses from the violator. The permittee shall assume all risk of damage to any vehicle either towed away or parked in such route. Sec. 8-70. Enforcement. (a) Enforcing Officers. The Department of Housing and Inspection Services, the Police Department and the Department of Public Works and any other appropriate city officers or employees shall enforce and carry out the requirements of this Article. Once the structure to be moved has reached public property, Ordinance No. ! 126 Page 6 the Police Department, and specifically the officer assigned to provide escort to the move, shall be the enforcement officer of the building move. The Building Official shall assume enforcement responsibilities when the building is being prepared for the move, while the move is in progress on the original site and at such time when the structure being moved leaves public property and is being placed upon a lot within Iowa City as stipulated in the moving permit application. (b) Permittee Liable for Expense Above Deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amount or securities, and the City Attorney shall prosecute an action against the permitee in a court of competent jurisdiction for the recovery of such amounts. (c) Original Premises Left Unsafe. The City shall proceed to do any work necessary to leave the original premises in a safe and sanitary condition, where the permittee does not comply with the requirements of this Chapter and the costs thereof shall be charged against the general deposit of the permittee. Sec. 8-71.-8.76. Reserved. DIVISION 2. LICENSES AND PERMITS. Sec. 8-77. License Required. Before engaging in the operation of moving buildings, every person shall obtain a license therefore. Such persons shall pay a license fee as set by resolution of the City Council. Upon payment of a license fee, the Building Official shall issue such license as is covered by the fee. Sec. 8-78. Permit Required. No licensee under this division shall move or prepare for moving any building over, along or across any highway, street, alley or public place in the city without first obtaining a permit from the Building Official. Sec. 8-79. Application. (a) Generally. A person seeking issuance of a permit shall file an application for such permit with the Building Official. (b) Form. The application shall be made in writing upon forms provided by the Building Official. ran Ordinance No. 126 Page 7 (c) The application shall set forth: (1) A description of the building proposed to be moved, giving street number, construction materials and dimensions. (2) The highways, streets, alleys and public places over, along or across which the building is proposed to be moved. (3) A description of the location to which the building is proposed to be moved. (4) The moving date and hours. (5) Any additional information which the City shall find necessary to a fair determination of whether a permit should be issued. Sec. 8-80. Fee. The application for a permit shall be accompanied by a fee as set by resolution of the City Council. Sec. 8-81. Building Permit Prerequisite to Issuance. (a) No permit for moving a building to a lot in the city shall be granted by the Building Official if a building permit has not been issued for such building on such lot. (b) No building shall be moved to a lot in the City for the purpose of storing such building on the lot. A building moved to a lot shall be permanently installed on its new foundation within sixty (60) days of the date moved onto the lot. Sec. 8-82. Standards for Issuance. The City shall refuse to issue a permit required by this division if: (1) Any application requirements or any fee or deposit requirement has not been complied with. (2) The building is in such a state of deterioration of disrepair or otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city. (3) The building in its new location would not comply with the Building Code, Electrical Code, Plumbing Code, Zoning Ordinance, State Energy Code, and State Handicapped Accessibility Code, or other ordinances I Ordinance No. 126 Page 8 in effect at the time of the application. This subsection shall not be construed to prohibit the moving of a building for which an applicant has obtained a building permit which provides for construction or alterations to the building which will bring it to code standards. (4) For any other reasons, persons or property in the city would be endangered by the moving of the building. Sec. 8-83. Issuance. No permit shall be issued until forty-eight (48) hours after the time of filing of the completed application and all fees, deposits and certificates or policies of insurance are completed. This time period shall not commence running until filing of all information, fees, deposits and certificates of policies set forth in this article are on file with the City. Sec. 8-84. Term. Any permit granted under this division shall expire if the move is not commenced on the moving date stipulated on the application. 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 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 21st day of June, 1983. MAYO ATTEST: CITY CLERK It was moved by Lynch , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: 11 Ordinance No Page 9 e s AIL 83-31 AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration 5/24/83 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: None. Second consideration 6/7/83 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None Absent: None Date Published: June 29, 1983 P.axeived & Approvcd By Tha 'Legal De artraent 4 M CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3126 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of June , 1S83 , all as the same appears of record in my office and pub ished Tin Iowa City Press -Citizen on the 29th day of June , 19 83 Dated at Iowa City, Iowa, this 9th day of August ,19 83 . Ram6na Parrott, Ueputy City C erk Printers fee $PF 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 heretoat ched was published in said paper time(sl, on the fol- io 'ng datels): — J Cashier Subscribed and sworn to before me this day ofA. D. 19� iF Notary Public No. Z2 -3 /� Z t�Is1AY1EA1tEEt OFFICIAL PUBLICATION OROIIIAIICE HD. 83-3 AN e1DIKVU MINOINB CHAATER a, ARTICLE V OF THE Law CITY CODE O OROIa EES. BE IT EHACTED BY THE CITY COUNCIL OF THE CITU Of INA CITi, S""oo 1 FURDOSE. IN purpote of trisT. oroira oe o W ter B. Article V of [N COM f Oralnames te establ tan protection for lire, safety aM lies for coving 1,01d1Nt Within am, through I's,Dublic streets of the city aI low Clty. SECTION 1. WP K Article V of Chapter B of tW_ my GO3t_is eFi—rMy M,,. aM in its Dlece is substl Wethed tf-11—i, n^, Article V: ARIICIE V. INusE LOVERS. DIVISION I. GENEMLLY. Sec. B•51. Definitions. Por the Wrpose of this article ,thet f.1l.iie teras, phraeas, wrda and tNir Mrivatices fNil new the aeming given Nfein. BUILDINS is any structure used or intended for A,,xrti ng or -N ter.Ie a,y "or occupancy MM ich en Intense, on any carrier of aiv elna Ne • loaded Night ac.d,N thirteen (13) feet ane, a loaeed Widen excwMng twlve (12) feet. WILDleG OFFICIAL is the official tcah%guested by the City Nalege, to enforce tMa chapter. 1973 45p Hattla. heeds tuneup anr2.bedrwm no"cin ess de k transmission work, f150 or besUST SELL offer, 378-1877. liances, rue1974 DUCATI 758, dependableillage. 337,fast, fairing, $1380. 3386962.x60 TWO a1975-KAAKI 900, excellentn. IrMianLnditimust see. Calmore mf622CIBys; 3373811975 M Im Honda, excellent ConOVING, Ndition. Extras Street or dirt 5550rth Ameror offer.1978 Yamaha 100, $150 orr, applianroffer. Chris, 3383275. al, curia,YAMAHA 750 wiM Touring Westernpackage for SaleCall 6132012. RFECT 11981 HONDA KLIMS, lavmileage'edrwm inperfect. 1987 Honda CBIIOOF, 100n. Pool, 1miles Must sell. Bw.ht sports3547, 35,car. 1518217. AUTIFUL1981 RED Twin Star Hntla, lowm, air, w4mileage, excellent condition, $750. ded lot.197ww2574 or C -1981 YAMAHA Seca, fewer than IN CASF. -2500 miles, will sacrifice. NO1 151 982 K0. PRE: 1981 KAWASAKI KZS50, onIY 800 Imm miles. Silver with black stri00eess wheels and engine, sharp. Fast 3 Must sell. Best offer. 6567482 1976 HARLEY Sportster, excellent shape. $2,3011, make offer. 6437179, Mobile 1 mornings. 1982 HONDA Magnum 750 motor- For Rel cycle, 3,592 miles. Beautiful ask la T] 13625, extension, 150 , NO PETS. F - BOLI Only. Nn, Sac. 8-59. Limitations as w Size, Valor am Londiiigl, Cone,ition or Building. 1979 HON DA CB)66<ylinder, led, Ile M Nildlag SMI) N prewrta for a mow new fires, 9ODd CpMifion, 3srB199. Home L after 6' Or $Nil Be aevM rooulldin, 'treats f tN city Mics a.ceeds t,17four CHI feat, loose Width, including 1980 HONDA Goldwing, Honda fafriny, saddle bags, new tires, OWNCRES Caret. Citvw 0 iia N, or Mlc. exraras thirty (3m cwt loaded Night. helmet. All excellent condition. Best offer over $3,300. 33841", tl"w"tow^' a Said site liattationa way N wives q 3383078. A FEW droit the Building official, With the concurrence or the City Forester ane the Traffic 1972 HONDA C8350. Mechanicall Clear Creek Tiffin. $105 p Bound Veryclean. IIAMmiles, ENimw, If in their Opinion the os.Mc e, But N aay, to a.rely staved or uj' Mpg. Scoff, 3375716, nest offer. SPACIOUS thr pro OW torte, "Without a taro to Paved street. 1971 MON DA 35OCB. $300. Call daY Mobile N property W_ iwblic iprpwaenta. HO 351ms. 1977 HONDA GolOwing; red; LOTS FOR skInIsinner; 8,000 miles. Nice, quiet, 22008W9 walking dish flower Mobi MUST SACRIFICE, 1978 GOIDw Iona, Iowa. e 2ulgi complete ,oeriLg package, 1 miles, 52,600, 6435914. 'all!AIPJOD'PW 'IS�SE 1981 SUZUKI GS450E, excetlent Houses Jou Aep!IOH 60z a I91Li '6U!MOLIS a Jot euew ptap!s condition, 4700 miles, touring aC casspries. 3388875. For Rel se 1103 II¢D se,! uapyla oslY 'Iuo ill O D ontN pue au0'PaNeairap Alroau'S II f 19 YAMAHA 750 Maxim, 900 JiNul 6ull!a3paweagalA4s{ales awwl aunsng 'sa!Jpunel pup Gwyn miles, shaft drive microcom AVAILABLE flat, excellent condition. After 6, 2-3 bedroomsr gYl a6g_4s aldwv'eaJe 3!u3!d'wo aspaxa 'sa3eldanlu!u 338-4277; 3379142. tor, gArden loco 10}$11 ;Ieg 'amR pue Beloit Bu!Yoolia. 1978 YAMAHA, 750 Special. Shaft <Nple. 679-a 404 'ai!I sa!nb '6w w3ey3 3H1 at drive. Good condition, extras. 337-4194 or 3383625, ask for Dan. U86OUDw S1N3W1aVdV YAMAHA 250, 3.500 miles, very M w IV $IIIH CIOOM3)IV1 >uosJed good condition, $450. Phone 351.2369 alter 5.MW • lap "w.�a�saa A6Jeu 'ELEI ISC'pau!wJad sit 3. 'awilllq'PluthipiD3ye'pa{ad,, Mobile Homes 1972 i fo slid, • 'wawupdp ulowpaq.E snood .............. For Sale 700 J!CID3)10g A09-ISE'Saka.._ OSISf aiIIAIQJu0 "N "env'atWil Indi IowpJooO 9NIOling 31NIOd IIIWONI. s !;edJD3 Naw car BACULIS S31VI�OSSV 0N\ s` 039U80 • 6ulues S100d NVlld Mobile Homes I�OOIJRAO 1g07o:74 BUDDY 1973 N sOJ sliel NKE 2 b.droo,nacent,.( quoolob . pPBo) s lUcteget 10770a1� BUDDYNo; soUllsnq J040 pue asaul Inoge moso IIs ', a b.eree,n:. rono-ol me 2 be WO2 IS9M 1Jot3OdwC3'J9yS9M0!1)'8PI e IUBAUO') • azu'SyNeq L'IuewlJede w Apaq .."dms.Ilinlie. ora robed tabor liselrayel =, 3130 3. Riverside Drive �g voPedwO3 'Jayse,wus!p 'diel 4NO,' Full ISMIR! Z Itua "Ode WoolpaC 337-3547 1970 CAI aid will Va w pup Bu!AJed to 5401 , bop NEW-USEId BUSED Brig aJagdww4e AJ{uno3 ut eu New s �eonaAdp eystMi a^Qoa��epun0 7s3noA 6=HI 19x)0 3 bedroo7.995 1970 39VllIA OOOM3)fd' NOW 19835"bedroom. noA .49 1 MIS '00n Main leln3e{3ar I S used l4 wiom 55995 A rte Eulm Bu!plinq lamb 'aJ03as IONS a4eAIJd'{lun sndlJnxnl wwjpaq 14 used 12 widm $999.95 Must Includes 'Financing st A-mr ONV MON r lable. interest as os 13% UNDE 11n :z ci� Nea4 31NIOd I�IWONIM Bu! on salectames.• do►NONEFEEE21OJoleaJIyy �J!e'satlP S31bI�OSSY Wetrode �� ON• for ang of wluIFpayBNJnlunw� S100d Ntfl'Id HORKHMER MOBIL OOLD15'0 •all A Jo0 u! SUPE 001 IUeO: asoP 'xald-V Maw. wnlun EnTarprlInt.,die3 S. 354 WOON039 OM"'aFw.s. ORDINANCE NO. 83-3127 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 510 SOUTH CLINTON STREET. 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 R3B to CBS, and the boundaries of the CBS zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 510 South Clinton Street and legally described as follows: All of Lot 7 and the north 60 feet of Lot 6, all in Block 8 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of Johnson County, according to the recorded plat thereof. 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. 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 5th day of July, 1983. YON ATTEST: &.,Zd 11, -7') CITY CLERK W9 2 It was moved L„ McDonald , and secs d 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 6/7/83 Vote for passage: Dickson, Balmer, Erdahl, Lynch, McDonald, Neuhauser, Perret: Ayes Nays: None Absent: None Second consideration 6/21/83 Vote for passage: Ayes: Dickson, Balmer, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Absent: None. Date published July 13, 1983 Ft . 7i�,pFl 04 Approved Ay 'I" veal Deprtmenf W CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3127 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of Julv , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 13th day of July , 19 83 Dated at Iowa City, Iowa, this 9th day of August ,19 83 am na Parrott, Deputy City Clerk q J Printers fee $1 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 attgched,, was published in said paper timelsl, on the fol- lowine date(s): . I. Subscriibbeed�'aand sworn to before me this day of6lA.D. Notary Public No/z:3/G2_ erFM g :l OFFICIAL PUBLICATION ORD IIUNCE H0. 8) 3137 TINE USECREGULATIONST OF CERTAIN PROPERTY LOCATEI AT 510 SOUTH CLINTOO STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of INA CITY, INA': SECTION I. That the property described al.- is an ra y reclas4i 15eC trod 'Is presen of RJB G CBS, and the boundariesf the City f the CS toreof As indicated upon the iontngntaryed to include ties city. Inea, shall be e property locaGtl at 510 South Clinton Street and ,¢pally described as foliws All of tat T and the north 60 feet of Lot B, all in Block B in that part of Iwo City, Iwd. Cold off a as [he County Seat of John Of Johnson San County, Iwo. a County, according G the recorded plat thereof.'s hereby SECTIr1N II, The Banding lnapector, autb' De,ana djrecte, G change ties,mnine nap of tis City of I— City. Iwe. G ca^ rove, s to this his Raenonenu upon tis final passage. app publication of Mie m ordinance as pnded by . lldlacwz SECTION IIl. TM City Clark sTb�ris rdinance G an rect to certify A Copy tis County Recorder of Johnson County. a,.Won final passage and publication as pro ided by SECTION IV. REPEALER. All ordinances and parts of or nances n ton ct eith the provislan of this ordinance are heroby repealed. TION V. SEVERABILITY. 11 anY section. ,,C TN sla or part o the Ordinance shall G adjudged 0 b invalid or unconsti[ati Died,, such ajudicatien shall net affects ttneenotip alidlt Of tO Ordinance as a eholet r any invalid or part Hereof re unconstitutional. sec nw ;C afGrrlte OAnal passagerdi pmval Nam publication as required by icer.July ,'19"'Passed and appre, ved this -dlj( 1llA Y ATTEST: M- �I lE��• 0601 July 1J. lgia ORDINANCE NO. 83-3128 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED IN A PORTION OF FIRST AND ROCHESTER ADDITION LYING NORTH OF ROCHESTER AVENUE AND EAST OF THE PROPOSED FIRST AVENUE EXTENDED. 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 R1B, and the boundaries of the R1B zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property legally described as: Commencing at the Northwest Corner of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence NOO00110011W, 660.00 feet; Thence N8903510311E, 550.00 feet; Thence S00001'06"E, 658.11 feet, to a point on the North line of the Northwest Quarter, of the Northwest Quarter of said Section 12; Thence S00°02'26"W, 237.76 feet to the Point of Beginning; Thence N84°33'25"E, 17.72 feet; Thence SO1°07'25"W, 235.95 feet; Thence Northeasterly 52.76 feet along a 175.00 foot radius curve, concave Northwesterly, whose 52.56 foot chord bears N70°11'19"E; Thence Northeasterly 128.36 feet, along a 275.00 foot radius curve, concave Southeasterly whose 127.20 foot chord bears N74°55'25"E; Thence NO1007125"E, 201.39 feet; Thence S88052135"E, 567.09 feet; Thence S00005'4811E, 250 feet; Thence N89007'28"W 214.24 feet; Thence N59°07'28"W, 50.00 feet; Thence S00°52'32"W, 50.00 feet, to a capped 1/2 inch iron pin found; Thence S20002'54"E, 266.08 feet; Thence S66057'45"W, 160.00 feet, to a capped 1/2 inch iron pipe found; Thence Northwesterly 123.57 feet along a 278.30 foot radius curve, concave Southwesterly whose 122.56 foot chord bears N40°30'47"W; Thence N5301410611W, 203.03 feet; Thence S3604515411W, 50.00 feet, to a capped 1/2 inch iron pipe found; Thence S74°15'25"W, 231.79 feet, to a capped 1/2 inch iron pipe found; Thence S35°10'25"W, 188.16 feet, to a capped 1/12 inch iron pipe found; Thence N67014'15"E, 94.84 feet; Thence S2405614511E, 149.81 feet; Thence S7904913511W, 162.97 feet; Thence S54057'23"E, 235.33 feet, to the Northeast corner of Lot 1 of Moreland Subdivision; Thence S51°07'00"W, 275.04 feet, to a 5/8 inch iron pin found at the Northwest corner of s Lot 1, in accordance with the it thereof recorded; Thence S59°47'57"W, 215.00 feet to a 5/8 inch iron pin found; Thence N25°53'14"W, 137.16 feet; Thence N15044135"W, 507.00 feet; Thence N32005120"W, 125.50 feet; Thence N37014106"E, 150.00 feet; Thence Southeasterly 72.15 feet, along a 350.00 foot radius curve, concave Southwesterly, whose 72.03 foot chord bears S46051133"E; Thence N49°02'48"E, 50.00 feet; Thence Northeasterly 142.05 feet, along a 325.00 foot radius curve, concave Southeasterly, whose 140.92 foot chord bears N61°34'04"E; Thence N15°54'40"W, 266.68 feet; Thence N84033125"E, 194.28 feet, to the Point of Beginning. Said tract of land containing 14.48 acres more or less. 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 19th day of July, 1983. �U\ y &V i� T�-_ry7y—`_ MAYOR Pro Tem T ATTEST: CITY CLERK It was moved by Balmer , and seconded by Lynch that the Ordinance as read be adopted and upon roll call there were: Received $ Approved By The Legal Dep rtment 4s/8� _S: NAYS: AL ----T: X BALMER X DICKSON X ERDAHL X LYNCH X MCDONALD X NEUHAUSER X PERRET First consideration 6/21/83 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald Neuhauser, Perret. Nays: None. Absent: None. Second consideration 7/5/83 Vote for passage: Ayes: Neuhauser, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. Absent: Balmer. Date published July 27, 1983 M CITU OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY ) OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3128 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of July , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 27th day of July , 19 83 Dated at Iowa City, Iowa, this 9th day of August ,19 83 Ramo a Parrott, Ueputy City Clerk ��.��93- Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johttson County.sa: 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 he was published on to said ❑aoer Cashier Subscribed and sworn to before me this (2T day o A.D. ls� Notary Public No -- ,JYY�111YIiARER _ OFFICIAL PUBLICATION DRDINAI.CE NO. 83-3128 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED IN A PORTION OF FIRST AND ROCHESAVENUETEAND ADDITION OFINTHEORTH OF PROPOSEDCHFIRST AVENUE EXTENDED. BE 17 ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property describe a ow is hereby reclassified from its present classification of RIA to RIB, add the of the IB lone as indicated upon boundaries e Zoning napof the City of Iowa City, Iowa, shall be enlarged to include the property legally described as: Commencing at the Northwest Corner of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence hence 1400°01'00"W, 660.00 feet; Thence H89035'03"E, 550.00 feet; 500^01'06"E, 658.11 feet, to apoint on the North line of the Northwest Quarter, of the Northwest Quarter of said Section 12; Thence S00002'26"W, 237.76 feet to the Point of Beginning; Thence N84033'25"E. 17.72 feet; Thence SOI -07-25"W. 235.95 feet; Thence Northeasterly 52.76 feet along a 175.00 foot radius curve, concave Hortlwe•whose 52.56 foot chord . X70011'191IL;Thence Northeasterl1836 feet, along a 275.00 foot radius curve, concave Southeasterly whose 127.20 foot chord bears X74°55125"E; Thence Thence N01007'25"E, 201.39 feet; 588°52'35"E, 567.09 feet; Thence SOO°OS'48"E, 250 feet; Thence N89°07'28"W 214.24 feet; Thencs N59°07'28"W, 50.00 feet; Thence 500°52'32"W, 50.00 feet, to a capped 1/2 inch iron Din found; Thence 520°02'54"E, 160 feet, ffeet, toet; Thence a capped 1/2 566°57'45"W, inch iron pipe found; Thence Northwesterly curve' one along a 5terly foot radius curve, concave Southwesterly whose 122.56 foot chord bears 144030-47"W; Thence H53°14'06"feet W, 203.OJ feet; Thence in,, i'54"W, 50.00 feet, to a capped 1/2 inch iron pipe foynd; Thence S74015'25"W, 231n ; Teet, to a capped 1/2 inch iron pipe To und; Thence S35010'25"W, 188.16 feet, to A caPpad 1/12 inch iron pipe four; Thence 14 N67°'15"E, 94.84 feet; Thence 524°56'45"E, 149.81 feet; Thence S79°49'35"W, 162.97 feet; Thence -S54057123"E, 235.33 feet, to the Northeast corner of Lot 1 of Moreland Subdivision; Thence 551007'00"W, 275.04 feet, to a 5/8 inch iron pin found at the Northwest corner -OT Sala Lot 1, In accordance with the Plat .thereof recorded; Thence 559°47'57"W, 215.00 feet to a 5/8 inch iron pin found; Theme N25053'14"W, 137.16 feet; Thence N15044'35"W, 507.00 feet; Thence X32°05'20"W 125.50 feet; Thence 137°14'06"E, 150.00 feet; Thence Southeasterly 72.15 feet, along a 350.00 foot radius curve, concave Southwesterly, whose 72.03 foot chord b oars feet;ThemeThence N49°02'48"E, Northeasterly 142.05 feet, along a 325.00 foot radius curve, concave Southeasterly, whose 140.92 foot chard bears N61°34'04"E; Thence N15054'40"W, 266.68 feet; Thence N84°33'25"E, 194.28 feet, to the Point of Beginning. Said tract oT land containing 14.48 acres more or less. SECTION II. The Building Inspector is hereby autFioriied and directed to change the zoning map of the City of 'me 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 author' rtie an d retied to certify a copy of this ord i name to the County Recorder of ran Johnson C"anty, Iowa, upon final passage and _c iicati on as provided by I. SE CT TON IV. REPEALC R. All oral nanoes and parts o7 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 umppnstitutional, such ajudication shall no 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 sal Mein of ll after its final passage, approval and publication as required by law. of Passed and approved this 19N may July, 1983. 6V 1 J yev l YUK Pro 'im, 'ATTEST: '7gBB July D, 198' ORDINANCE NO. 83-3129 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED IN A PORTION OF FIRST AND ROCHESTER ADDITION LYING ADJACENT TO THE PROPOSED FIRST AVENUE EXTENDED FROM R1A TO R3. 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 R3, and the boundaries of the R3 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property legally described as: Beginning at the northwest corner of Section 12, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence N 00001100" W, 77.02 feet; thence S 81°18'40" E, 288.26 feet; thence northeasterly 50.00 feet, along a 750.00 foot radius curve concave westerly, whose 49.99 foot chord bears N 06046'43" E; thence N 89°23'13" E, 54.13 feet; thence southeasterly 126.18 feet along a 350.00 foot radius curve concave southwesterly, whose 125.50 foot chord bears S 80°17'06" E; thence southeasterly, 83.70 feet, along a 350.00 foot radius curve, concave northeasterly, whose 83.50 foot chord bears S 76°48'29" E; thence S 00001'06" E, 37.57 feet to a point on the north line of the northwest quarter, of the northwest quarter of said Section 12; thence S 00002126" W, 237.76 feet; thence S 84033125" W, 194.28 feet; thence S 15°54'40" E, 266.68 feet; thence southwesterly 142.05 feet, along a 325.00 foot radius curve concave southeasterly, whose 140.92 foot chord bears S 61034'04" W; thence S 49002'48" W, 50.00 feet; thence northwesterly 72.15 feet, along a 350.00 foot radius curve concave southwesterly, whose 72.03 foot chord bears N 46°51'33" W; thence S 37°14'06" W, 150.00 feet; thence S 32°05'20" E, 125.50 feet; thence S 15°44'35" E, 507.00 feet; thence S 25°53'14" E, 137.16 feet, to a 5/8 inch iron pin found; thence S 30012103" E, 323.48 feet, to the center line of Rochester Avenue; thence southwesterly 59.83 feet, along said center line, on a 706.00 foot radius curve concave northwesterly, whose 59.82 foot chord bears S 71°58'01" W; thence S 74°23'41" W, 514.74 feet, along said center line, to the west line of said northwest quarter of Section 12; thence S 74°23'41" W, 63.71 feet, along said center line; thence N 00°24'33" W, 299.64 feet to a 3/4 inch iron pipe found; 91 2 the N 89036'20" W, 122.05 feet; t :e N 00032136" E, 648.31 feet to a 5/8 inch iron pin found; thence 5 89036'20" E, 122.87 feet, to a 3/4 inch iron pipe found; thence S 89036120" E, 57.19 feet to a 3/4 inch iron pipe found on said west line of the northwest quarter of Section 12; thence N 00002126" E, 900.70 feet to the point of beginning. Said tract of land containing 18.68 acres more or less. 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. 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 19th day of July, 1983. e MAYOR Pro T ATTEST: Z1jo� -4-11 7ez„A2 CITY CLERK Received & Approved By The Legal Dep rtment 3 It was moved t_ Balmer , and sec d 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 _6/21/83 Vote for passage: Ayes: McDonald, Balmer, Dickson, Erdahl, Lynch, Neuhauser, Perret. Nays: None. Absent: None. Second consideration 7/5/83 Vote for passage: Ayes: Erdahl, Dickson, Lynch, McDonald, Neuhauser, Perret. Nays: None. Absent: Balmer. Date published July 27, 1983 CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3129 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of July , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 27th day of July , 19 83 Dated at Iowa City, Iowa, this 9thday of August ,19 83 . s am na Parrott, Deputy City C erk J O 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 time(s), on the fol- low' g datelsl: Cashier Subscribed and sworn to before me this a day of A. D. 19� v Notary Public No. 4 Z ° MAM OFFICIAL PUBLICATION ORDINANCE NO. 8}3129 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED IN A PORTION OF FIRST AND ROCHESTER ADDITION LYING ADJACENT TO THE PROPOSED FIRST AVENUE EXTENDED FROM RIA TO R3. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described e3'r is hereby reclassified froo its present classification of RIA to R3, and the boundaries of the R3 zone as indicated upon the zoning Rep of the City of Iowa. City, Iowa, shall be enlarged to imIL4e the property legally described as: Beginning at the northwest corner of Section 12, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence N 00°01'00" W. 77.02 feet; thence 5 81°18'40" E, 288.26 feet;. thence northeasterly 50.00 feet, along a 750.00 foot radius curve concave westerly, whose 49.99 foot chord bears N 06°46'43" E; thence N 89023'13" E, 54.13 feet; thence southeasterly 126.18 feet along a 350.00 foot radius curve concave southwesterly, whose 125.50 foot chord bears 5 80017'06' E; thence southeasterly, 83.70 feet, along a 350.00 foot radius curve, concave northeasterly, whose 83.50 foot chord bears, 5 76°48'29" E; thence S GO^01'06" E, 37.57 feet to a point on the north line of the northwest quarter, of the northwest quarter of said Section 12; thence 5 00'02'26" W, 237.76 feet; thence S 84°33'25" W, 194.28 feet; thence S 15°54'40" E, 266.68 feet; thence southwesterly 142.05 feet, along a 315.00 foot radius curve concave southeasterl4y whose 340.92 foot chord beers 5 61 34'04" W; thence S 49°02'48" W, 50.00 feet; thence northwesterly 72.15 feet, along a 350.00 footratlius curve concave southwesterly, whose 72.03 foot chord beers N 46°51'33" W; thehde S 37°14'06" W. 150.00 feet; thence 5 32"05120" E, 125.50 feet; thence 5 15044'35" E, 507.00 feet; thence 5 25°53'14" E, 137.16 feet, to a 5/8 inch iron pin foynd; thence S 30012103" E, 323.48 feet, to the center line of Rochester Avenue; thence southwesterly 59.83 feet, along said center line, on 4 706.00 foot radius curve concave northwesterly, whose 59.82 foot chord bears S 71058'01" w; thence 5 74°23'41" W, 514.74 feet, along said center line, to the west line of said northwest quarter of Section 12; thence S 74°23'41" W, 63.71 feet, along said center 111x; thence N 0024'33" W, 299.64 feet to a 3/4 inch iron pipe found; thence N 89"36'20" W, 122.05 feet; thence N 00032'36" E, 648.31 feet to a 5/8 inch iron pin found; thence 5 89e36'2O" E, 122.87 feet, to a 3/4 inch iron pipe found; thence S 89036'20" E, 57.19 feet to a 3/4 inch iron pipe fourd an said west line of the northwest quarter of Section 12; thence N 00002126" E, 900.70 feet to the point of beginning. Said tract of land containing 18.68 acres Rare or less. SECTION II The Building Inspector is re y aut riaed and directed to change the zoning Rap of the City of Iowa City, Iowa, to conform to this mendwent upon the final passage, approval and publication of this ordingnGR as provided by law. SECTiOM'III. The City Clerk is hereby out -mor t and directed to certify a copy of this ord;}nance to the County Recorder of Johnson unty, Iowa, upon final passage and publica&w as provided by law. SECTION TV. REPEALER. All ordinances and parts 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 adjudgqWM invalid or unconstitutional SEC170NV/. EFFECTIVE DATE. This Ordinance s e in a act after its final passage, approval and publication as required by law. Passed and approved this 19th day of July, 1983. �4 'I MAYOR ro ATTEST: ZAZW`tI1iJ 6� 11 1 Y tL€iFR 9DB7 JWV 27, IM ORDINANCE NO. 83-3130 ORDINANCE APPROVING THE FINAL PLANNED AREA DEVELOPMENT (PAD) PLAN OF TY'N CAE SUBDIVISION PART 3, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. The final PAD plan of Ty'n Cae Subdivision, Part 3, submitted by Dynevor Inc., is hereby approved, and legally described as follows: Commencing at the Northwest corner of the Northeast quarter of the Northwest quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian; thence North 00°14'10" East, 143.98 feet along the west line of the east half of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian; thence South 88058'49" East, 45.40 feet, to a point which is the intersection of the south line of Ty'n Cae, Parts 1 and 2 in the northeasterly right- of-way line of Mormon Trek Boulevard as relocated, and the point of beginning; thence South 88°58'49" East, 1283.33 feet along said south line of Ty'n Cae, Parts 1 and 2 to the southeast corner thereof, a recorded bearing and distance in accordance with the plat of subdivision recorded in Plat Book 17, Page 24 of the records of the Johnson County Recorder's Office; thence South 00023'23" West, 136.10 feet to the northeast corner of said northeast quarter of the northwest quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian; thence South 1002'24" West, 1322.58 feet, to the southeast corner of said northeast quarter of the northwest quarter of Section 20; thence North 89°10'37" West, 405.42 feet along the south line of said northeast quarter of the northwest quarter of Section 20, to its intersection with the northeasterly right-of- way line of Mormon Trek Boulevard as relocated; thence North 25055'20" West, 0.49 feet along said right-of-way line to an iron right-of-way marker found, which is 110 feet normally distant northeasterly of Centerline Station 5117+68.1; thence North 32002'50" West, 132.00 feet along said right-of-way line qy to an iron right-of-way marker found, which is 115 feet normally distant northeasterly of Centerline Station 5119+00; thence North 42'02'50" West, 403.80 feet, along said right- of-way line to an iron right-of-way marker found, which is 60 feet normally distant northeasterly of Centerline Station 5123+00; thence North 23'13150" West, 309.40 feet along said right-of-way line to an iron right-of-way marker found, which is 115 feet radially distant northeasterly of Centerline Station 5126+10; thence North 38'26'50" West, 387.40 feet along said right-of-way line, to an iron right-of-way marker found, which is 40 feet normally distant northeasterly of Centerline Station 5130+00; thence North 20'06'50" West, 340.70 feet along said right-of-way line to an iron right-of-way marker found, which is 55 feet radially northeasterly of Centerline Station 5133+50; thence North 11'37'50" West, 158.90 feet along said right-of-way line to the point of beginning. All in accordance with the Iowa Department of Transportation right-of-way plat for Parcel 13 of Project F- 518-4(6)--20-52, and the warranty deed for said Parcel 13, recorded in Deed Book 584, page 337 of the records of the Johnson County Recorder's Office. Said tract of land contains 30.65 acres more or less and is subject to easements and restrictions of record. SECTION II. Variances from the R1B zoning requirements approved as part of the PAD plan are as follows: 1. The five foot side yard required in an RIB zone is revised to permit construction of zero lot line units in accordance with certain design standards noted on the PAD plan for Lots 1-40, 42-95 and 97-104. 2. The overall site density is averaged over the entire tract and the type of units altered to permit the development of four 12-plex multi- family residential buildings on Lot 41 and a total of 38 townhouse units on Lots 96a -E. SECTION III. This ordinance shall be in full force and effect when published 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 4s 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 this2nd day of August, 1983. MAYORPro em ATTEST: -S. 7�crsi� 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 X X _x x X X First consideration 7/19/83 Received 3 Approved By T �g Legal Dep rhneN �— 63a 3 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Vote for passage: Ayes: Lynch, Balmer, Erdahl, McDonald, Perret. • - • -Dickson,- <ra�ia�t*►ria Date published August 10, 1983 Moved by Lynch, seconded by McDonald, that the rule rewiring 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 waived and the ordinance be voted upon for final passage at this time. AYES: Dickson, Balmer, Erdahl, Lynch, McDonald, Perret. NAYS: None. ABSENT: Neuhauser. I CITY OF' IOWA CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Ramona Parrott, 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. hich was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of August , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 10th day of August , 19 83 Dated at Iowa City, Iowa, this 1st day of September ,19 83 . 42 R"aTna Parrott, Deputy City Clerk Printers fee0 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 at ed was published in said pow' g date(s): aper time(s), on the fol - 1 ��o t /98 Cushier rSubscribe�dland sworn Ito before me this L+ay of rA' A.D 1913 Ja �-77 (I^^ -6 Notary Public 2- �.V La LgNa �aPAAetava e OFFICIAL PUBLICATION ORDINANCE NO. 0)-3130 MIN E M IW TRE FINAL PLW a AREA DEVELOPMENT (PAD) PLAN a TY -0 CAE SOBDIVISIN PART 3. lose CITU. IOW. BE IT ORWIKD BY INE CITY (CRACK Of INA CITY, IOW: SECTION I. TM final PRO plan of Ty'n CAN, �1•on. Part 3, suseittad by DinrY., ion.. Mra6y approve!. and legally damc"b di as fol)m,s is Ceeeum inq at the Nortlrwat earner of the NortMest quarter of the Northwest quarter of Section 10. TnRnhlp 29 North, ,qe 6 Yost o1 he t5th PrM locipel. Naridian; [Manu North 00'14'10' East, 143.98 feet 41o,, the rest line of the at half of the spuHit quarter of Section IT, Township 19 Namsh, Range 6 Rest of the Sth principal Nerislidel theme South 80'58'19' East. 45.40 Wt, N A point Mich 1s LM lntereection of the epoth line o1 ly'n Cee, Parts 1 and 2 in the prtasalterly right - of -w, lips of Parent Trak Aoulevird as mlxatad, and the point of ppi Mir,; tMnu scut' BBaSB'49" East, 1283.33 fault aloe said 5439th lips of Ty'n Cae• Parts 1 enc 2 to the Southeasthe cqrr normal. A recorded Maring and distanceIn accordance fth the plat of Iulodivition recorded in Plot Brisk 12', Page 24 of the records of the Johnson C ... ty Racier'& Office; thencebath 00°23'23" Rest, 136 10 font Ad line nerthlast corner of Said rorlMut quarMr al the mrtAOst quarter o1 Section M. loni.nlp 29 North, Rape 6.10ist of the 5th Prlmlpal Meridien; trance South 1'02'24' Wet, 132L58 Ml, to the sow"alat corner of satd northeast quarter of the IAkthest yurtardf Suction 20; thence North 89'10'32" Pest, 408:4 &set slop lM out' line of said prtleast 9u.,., of the nsset quarter of sutSon 20, nortto It, InMrsectIM enh the roryMasterly right-of- wy 11. of Norson Trak Boui.np As relocated; theme North 25"55'20' Nast, 0.49 feet slop said right-of-eay life Ad an Iron right -of -Pay MrMr folied, Mich Is 110 feet fepeally distant pltlesastarly of Centerline Station 5112�641.1; tNPKe North 32°02'50" wst. 139.00 feet Rion Nld right -of -Pay life N an Iron right -0 -war r�� rbr found. Mira 1, 115 feet pnelly di lnt prtMaslarly o1 Cap terllns station S11P00; theme North 42-02'50" fa t, nron 40a80'fNt. along said rig o1-wy line to a irlght-oPpy --rat- fount. evict Is Ed Mt nmeeny distant rortMas4rly of CenterllM station 5123aW; thence North 23'13'50" Nast, 309.40 feet slop said right-oPeey life Nan Iron right -of -Ray sarher found. Rnlch Is 115 feet radially distant northsastarly of interline Station 5326"10; LMme'North 30'26.50' Met, MI.40 feet olonq to right -of -nay tine. N .n Iron right-of-rq Parker found, YI}cn is 10 feet rorMlly distant prtMas4r1, al GnNr11M Stade' 51311-00; tMpe North'a.06'50" W.t, 340.20 feet along said rigWat.4ay 11. to an inn right-of-way nortar fdped, Nhich Is 55 feet radiallyortMatGrl», of Cant✓line Station 5133-51); them. Narthi3Y32'50" Rest, 150.90 feet slop to rlgnttgf-Ray line N the point of M91foln All If, Accordance Nin Mos nepartnlY, of Trinsportatlon right -of -say plat for Parcel 13 n1 Prnlut F 5311-4(6)--20-52, and the rarrinty deed for said Parcel 13, recorded in OeM Book W. ppe 332 of the records of the Johnson County Recorder's Office. Sa to trasl .l lam contains 30.65 Yme Wore der lass end if spj.ct to mounnents and resftrlcpons of recorO SECi]ON I��. Variances I. the 42 tamp reyunre is approved as part o1 the (AD plan am as fol ldu 1. The flee loot side yard .,.',Ad in an Rig ,ora If r.Yi sed to pi construction 01 Salo IM line unit& in Accordance aph, certain asiV standards pts on Else AO plan for ,at, 1.40. 42-95 and92-104. 2. TM ..,all site anally Is areraQad over ties entire tract and the type or u0t.,eluamd N Mr.it the anelopeent of four 32'1gP+p ou" - fantiy residential Wlldtns on (,6C Al and a total of IS toenhow.e sults on Lot:} 96.-E. SECTION III. Thea ordiama shell C, in /Ill forts and PTP t eMn pppl lsMd 6y lar. SECT) N Iy. 4EP[AER. All ord".1ms�5nd perm o1 apimpas -i�Tit vfth the provision of this oldiame ere MnOy repealed. SFCTIONV SEVERABILITY. If aoy section, pones oo or part oa the OrdlprMs shell M ad,upAe to M inWid a n.11tut•cml. such aJnd1c.11on a.11pA All-, M mlWl' of Ne Ordnance A A enol. or u, section. pr.v IPn or here part t.f pA Inij dPad Imal,d der om on,tituA"no' SECTIN VI EFa ECTIYE GATE. Tni. orolnance sM 11 M n e c—T-rrl�lir its fel passage, wproval and duplication As NWfred ty I— Paaaee and A,rovee thiss 2nd by of August. }1981. I Jbfi1Q �EYi^c N4Y/o/ffyo' Nm ATTEST: 1111 CLERK 6319 August 10. 1983 ORDINANCE NO.83-3131 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 223 S. RIVERSIDE COURT 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 R1B to R3A, and the boundaries of the R3A zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located Commencing at a point 25 feet south of the north line of Lot 2 in subdivision of part of Lot 3 of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian according to the plat thereof recorded in Deed Record 36, page 234 of the Records of Johnson County, Iowa and 205 feet west of the west line of Riverside Drive in Iowa City, Iowa; thence west 70 feet; thence south to the north line of the right-of-way of the Chicago, Rock Island and Pacific Railway Company; thence northeasterly along the north line of said right-of- way to a point directly south of the place of beginning; thence north to the place of beginning also sometimes described as follows: Commencing 25 feet south and 205 west of the northeast corner of Lot 2, Sperry's Subdivision, Section 16, Township 79 North, Range 6 West, Johnson County, Iowa; thence west 70 feet; thence south to the Chicago, Rock Island and Pacific Railroad right-of-way; thence northeasterly along said right-of-way 70 feet more or less, to a point directly south of the place of beginning; thence north to the place of beginning. 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 V pro on of this ordinance are Eby 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 ap rov^^ee�dthis day of August, 1983. ON 14 MAYORPro tem ATTEST: 7al'2') CITY CLERK 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 7/5/83 Vote for passage: Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret Nays: None Absent: Balmer Second consideration _ 7/19/83 Vote for passage: Ayes: Balmer, Erdahl, Lynch, McDonald, Perret. Nays: None. Absent: Dickson, Neuhauser. Date published August 10, 1983 Reealved & Approved By The Legal PApnrfinent c-/) P 43 I4 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500D STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3131 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of August , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 10th day of August , 1983 Dated at Iowa City, Iowa, this 1st day of September ,1983 Ramona Parrott, Deputy City Clerk l Printers fee 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 -rte time(s), on the fol- io ng date(s): Cashier Subscribed and sworn to before me this LA day of A.D. Q I9�J JJJ Notary Public No. (231102 e mUUSLXi OFFICIAL PUBLICATION ORDINANCE NO. 83-3131 ORDINANCE AMENDING THE ZONING ORDINANCE By CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 223 S. RIVERSIDE COURT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IWA CITY, IOWA: SECTION I. That the property described eb-lw hereby reclassified from its present classification of RIB to R3A, and the boundaries of the R3A zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located Commencing at a point 25 feet south of the north line of Lot 2 in subdivision of part of Lot 3 of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian according to the plat thereof recorded in Deed Record 36, page 230 of the Records of Johnson County, Iowa and 205 feet west of the west line of Riverside Drive in Iowa City, lowa; thence west 70 feet; thence south to the north line of the right-of-way of the Chicago, Rock Island and Pacific Railway Company; thence northeasterly along the north line of said right-of- way to a point directly south of the place of beginning; thence north to the place of beginning also sometimes described as follows: Commencing 25 feet south `and 205 west of the northeast corner of,tot 2, Sperry's Subdivision, Section 16, Township 79 North, Range. 6 West, Johnson County, Iowa; there west 70 feet; thence south to the .Chicago, Pock Island and Pacific Railroad along said right-of-way 70 feet More or less, to a point directly south of the place of beginning; thence north to the place of beginning. SECTION II. The Building Inspector is REy a�orized 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 aut��nd directed to certify copy of this ordinance to the County Recorder of Johnson County, Idea, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts ounces in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, prov s on or -part r part o7 the Ordinance snail 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 snal lbe In e fect after its final passage, approval and publication as required by law. Passed and apKoved this .i0d day of August.. 1983.L pauiJ r, 'y" M'u"ro lanz ATTEST: 7%ITo.L[,) 8318 August 10. 1983 ORDINANCE NO. 83-3132 AN ORDINANCE PROVIDING FOR COMPENSATION FOR THE MAYOR AND COUNCILMEMBERS OF THE COUNCIL OF IOWA CITY, IOWA, AND REPEALING ORDINANCE NO. 75-2765. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to raise the rate of compensa- tion paid to the Mayor and Councilmembers of the Council of the City of Iowa City, Iowa. SECTION II. RATES OF COMPENSATION. The following rates of compensation shall be paid to members of the City Council of the City of Iowa City, Iowa, effective January 1, 1984: 1. The Mayor shall be compensated at the rate of $6011.20 annually. 2. The other Councilmembers shall be compensated at the rate of $5012.80 annually. SECTION III. REVIEW DATE. Review of the Mayor and Councilmembers' compensation shall take place as part of the budget review process for the fiscal year during which each election will occur. SECTION IV. REPEALER. Ordinance No. 75- 2765 all of er rdinances or parts of Ordinances in conflict with the provision of this Ordinance are hereby repealed. 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 August, 1983. r� MAYORPro tem 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 783 Vote for passage: Ayes: Dickson, Erdahl, Lynch, Neuhauser, Perret. Nays: McDonald. Absent: Balmer. Second consideration 7/19/83 Vote for passage: Ayes: Balmer, Erdahl, Lynch, Perret. Nays: McDonald. Absent: Dickson, Neuhauser. Date published August 10, 1983 Received & Approved By The Legal De adMent �i4 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3132 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of August , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the loth day of August , 19 83 . Dated at Iowa City, Iowa, this 1st day of September ,19 83 . Ram-na Parrott, Deputy City Clerk 0 Printers fee $ A 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-aphed+ was published in said paper time(s), on the fol- low -wig date(s): A Cashier Subscribed and sworn to before me this May of A. D. 19 JJJJ Notary Public o123rloZ unrrnr� Iq _ OFFICIAL PUBLICATION ORDINANCE MO. 8}3132 AN ORDINANCE PROVIDING FOR COMPENSATION FOR THE MAYOR AND COUNCILMEMBERS OF THE COUNCIL OF IOWA -CITY, IOWA, AND REPEALING ORDINANCE N0. 75-2765. BE IT ENACTED BY THE CITY COUNCIL OF iRE CITY OF IOWA CITY, IOWA: fETION I. PURPOSE. The purpose of this durance 15 rats¢ the rate of compensa- tion paid to the Maypr and Councilmeobers of the Council of the City of Iowa City, Iowa. SECTION II. RATES OF COMPENSATION. he o owingrates of compensation shall be paid to members of the'C4ty Council of the City of Iowa City, Iowa, effective January 1, 1984: 1. The Mayor shall be compensated at the rate of $6011.20 annually. 2. The other Coudci lmembers shall be compensated at the rate of $5012.80 annually. SECTION 111. REVIEW DATE. Review of the Mayor '.dn ounce mem ers' ccmpehsation shall take place as part of, tMO budget review, process for the fiscal year duning Which each election will occur. SECTION 1V REPEALER. Ordinance No- 75- 7 an a of er rdinances or parts of Ordinadces in conflict with the provision of this Ordinance are hereby repealed, SECTION. V. EFFECTIVE DATE. This ordinance ,hill in gtTeCc a ter its /final passage, a6rovaI and publication as required by law. Passed and daapproved1this 2nd day Of Aoiust, 1983. D Pro iwm ATTEST:h ••r- �,� i 83i CI �Y Augus110. 1993 ORDINANCE NO. 83-3133 AN ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY DELETING SECTION 8.10.50, AIRPORT OVERLAY ZONES, AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 8.10.50. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to implement the Iowa City Municipal Airport Master Plan by establishing Airport Overlay Zones consistent with said plan and establishing a clear overlay zone within which uses which would be incompatible with the airport are prohibited. SECTION 2. AMENDMENTS. Section 8.10.50 is hereby amended by deleting said section and inserting the following: 8.10.50 Airport overlay zones. 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; (c) The prevention of the creation or establishment 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; (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are not considered compatible with airport operations; and (e) It is highly desirable that there be no structures or natural objects or traverse ways in the clear zones and that no incompatible uses be allowed in the clear zone. 8.10.50.2 Definitions. The following definitions only apply in the interpretation and enforcement of the airport overlay zon iAi Ord ice No. 83-3133 Pag (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 obstruction standards as contained in FAR Part 77 - Subpart C 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 Layout Plan. A drawing in the Airport Master Plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. (e) 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. (f) 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. (g) Instrument runway. A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned. (h) Airport Master Plan. A comprehensive plan for development of the airport over a 20 year time period. The Master Plan includes among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the Master Plan, and recommendations for use of land on and adjacent to the airport. The Airport Layout Plan is a component part of the Master Plan. (i) Minimum descent altitude. The lowest altitude, expressed in feet above mea- sea level, to ihich descent is roa Ord ice No. 83-3133 Pag_ - 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. (j) Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. (k) 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. (1) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (m) Visual runway. A runway intended solely for the operation of aircraft using visual approach precedures with no straight - in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan or by any planning document submitted to the FAA by competent authority. 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 laying under a horizontal 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 and 17 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, 24, 30 and 35 and con~ '.ing the adjacent arcs /ne Ord ice No. 83-3133 Pag_ . 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. (3) Use limitation. Sanitary landfills shall not be permitted in the OH Zone. (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. (3) Use limitation. Sanitary landfills shall not be permitted in the OC Zone. (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. 500 feet wide for runways 6, 12, 17, 30 and 35. 2. 1000 feet wide for runway 24. b. The outer edge of the approach surface is: 1. 1,500 feet for runways 12 d 17. IA11 Ord ice No. 83-3133 Pag 2. 3,500 feet for runways 6, 30 and 35. 3. 4,000 feet for runway 24. 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 and 17. 2. 10,000 feet at a slope of 34 to 1 for runways 6, 24 and 35. 3. 780 feet at a slope of 20 to 1; thence level at an elevation of 687 feet MSL from 780 feet to 1326 feet; thence from 1326 feet to 10,000 feet at a slope of 34 to 1 for runway 30. (2) Height limitation. No structure shall penetrate the approach surface in the OA Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA Zone. (d) Clear Overlay (OCL) Zone. (1) Defined. The land longitudinally centered on the runway centerline or extension thereof lying under portions of the OA Zone and described as follows: a. Runway 6 - 1000 feet wide beginning at a point 200 feet from the edge of the existing runway on the extended runway centerline for a horizontal distance of 1000 feet; thence widening uniformly to a width of 1425 feet at a distance of 2700 feet from the point of beginning. b. Runways 12 and 17 - 500 feet wide at the inner edge of the OA Zone and 700 feet wide a distance of 1000 feet from the inner edge. C. Runway 24 - 1000 feet wide beginning at a point 490 feet southwesterly on the runway centerline from the center of the end of the existing Ord ice No. 83-3133 Pag_ - 12 runway pavement (including any and all paved safety areas); thence widening uniformly to a width of 1510 feet at a point 1700 feet northeasterly on the extended runway centerline from the point of beginning. d. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone and 1010 feet wide a distance of 1700 feet from the inner edge. (2) Use limitations. No use shall be permitted in which there is connected therewith a building designed according to the Uniform Building Code (1979 Edition) with an occupancy rating of 50 square feet of floor area per person or less. In addition, the following uses shall not be permitted: (a) Campgrounds. (b) Fairgrounds. (c) Hospitals and institutions. (d) Motels and hotels. (e) Nursing and custodial homes. (f) Residential uses. (g) Restaurants and similar eating and drinking establishments. (h) Sanitary landfills. (i) Schools, including nurseries, pre -kindergartens and kindergartens. (j) Stadiums. (k) Storage of fuel or other hazardous materials. (1) Theaters. (e) 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 OT Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. 12 Ord ice No. 83-3133 Pag- . 8.10.50.4 Use restrictions. In addition to the above restrictions on land, the following special requirements shall apply. (a) Any person who proposes any development of greater height than an imaginary surface extending outward and upward at the slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration shall be sent to the Cheif, Air Traffic Division, of the FAA Regional Office in Kansas City, Missouri, and one copy to the Iowa City Airport Commission. (Copies of FAA Form 7460-1 may be obtained form the FAA.) (b) 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. (c) 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 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. (d) No operations from any use shall produce Plectronic interference with (d7 Ord ice No. 83-3133 Pag navigation signals or radio communication between the airport and aircraft. 8.10.50.5. Special exceptions. (a) The height and use limitations contained in the Airport Overlay Zones may be modified by special exception granted by the Board of Adjustment (the "Board"). However, no such special exception shall be granted unless the Board finds, based upon written reports from the Federal Aviation Administration, and the Aeronautics Division of the Iowa Department of Transportation, that - (1) In an application to permit any structure, tree, or use of land to exceed the height limitations of the Airport Overlay Zones, that such structure, tree, or use of land, would not obstruct either the airspace required for the flight of aircraft, or landing and take -off of aircraft at the Airport, and is otherwise not hazardous to such landing or take- off of aircraft. (2) In an application to permit a use of land otherwise prohibited herein, that such use would not be incompatible with airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the Board, file the required written reports of the Federal Aviation Adminstration, and the Aeronautics Division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the Board until such reports have been filed. 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 r9quired by law. Or( ice No. 83-3133 Payc Passed and approved this 8th day of August, 1983. I aNI A Trz'V-V�S� MAYOR ATTEST: -4 • - CITY CLERK QUA Received & Approved By The Legal Depa tment — 5 83 dZ w A.a Ord ----ice No. 83-3133 Pac D It was moved by McDonald , and seconded by Erdahlthat the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: % BALMER X DICKSON X ERDAHL X LYNCH X MCDONALD % NEUHAUSER % PERRET First consideration 8/5/83 (4:30 p.m.) Vote for passage: AYES: Dickson, Erdahl, Lynch, McDonald. NAYS: None. ABSTAINING: Balmer. ABSENT: Neuhauser, Second consideration 8/6/83 Perret. Vote for passage: AYES: Dickson, Erdahl, Lynch, McDonald. NAYS: None. ABSTAINING: Balmer. ABSENT: Neuhauser, Perret. Date published 8/11/83 I I [S CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3133 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of August , 1983 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 11th day of August , 19 83 . Dated at Iowa City, Iowa, this 1st day of September ,19 83 . Ramona Parrott, Deputy City Clerk Printers fee $1/0 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto act he was published in said paper time(s), on the fol• low'ng date(s): Cashier Subscribed hand swo n to before me thisx7�d 1 of A. D. 19–n I Notary Public No. ��'5 "INANCE No. 83-1137 AN ORDINANCE AMENDING CHAPTER ZONING ORDINANCE Of THE NOICI THE CITY OF IOW CITY, IOW, SECTION 8.30.50, AIRPORT OVERLA' SUBSTITUTING IN LIEU THEREOF A 8.10.503 BE IT ORDAINED BY THE CITY Of ,b SALES POSITION Y ;.Experienced full time sales per - W. Hours would include Some evenings and every other week- �0n.entl. Retail selling experience -helpful. AgUy Customer Service van Area, younkfirs, Old Capitol Cen- andter. Equal Opportunity Employ SECTION 1. PURPOSE. The purpose parttime cooks grid or ria—dines i Lo iplewent the IrreSSes. ApPIYY in per Municipal Airport Kastar, 'P2-5onlyat1921Keo - establishing . Airport Over l ay "a City. consistent with said plan and estab clear overlay zone within which usLTEACHINGGosi - would be incompatlble with the aiAle. full time and part prohibited. S: also daycare assn SECTION 2___--- AINENDMENI$. -Section B. Jeanne 3515818. Aareert ng the3b-de%tiny said secPE RSA full to part - lnserting the following ns. Willing to Work 8:10.50 Airport overlay zones. poly m person, The 8.30.50.1 find I nn. 18Q and North ja) a creation or establis an airport hazard is a public am.-l0a.m.,Monday causing potential injury to those srday. Janitorial/cus the airport; at Johnson County (b) It is necessary in the in rtment. Scrubbing, the public health, sat et and maintenance, other R ignetl. One year cus welfare that creation of airport harience necessary prevented and that this be accomplierwce of Iowa, 1810 the eabM, legally possible, tontine. exercise of the pipet power; (c) The prevention of the creull time delicatessen establlshment of airport hazards,'ence preferred. Call elimination, "Novel, alt mitigation or marking and 11g8SSISTANT, full time exist ingy airport hazards are public timeevenings. Cert, for Ah the City may raise ak'red. Oakrloll Health public funds, as an incident for interview appoint ration of the airport, sen 8 a.m. to j p.m. ape rport, to aconteenh a.m. t i .m. property interests therein; (d) Because of the propeNl is now accepting ap sanitary -landfills for attractin part time desk posy which In turn are hazardous to at; I experience peeler flight;-uhdflils are not ceperson. compatible with airport operations;° openingg daytime 4e) It Is highly desirable thin for apPf'caller in be no str itures or natural obj be set up on or aboul travrrs r ways in the clear zones anr�Drug 1POwn South, incompatible Nsas & allowed in i PKa% -tone. NTHUSIASTIC, ma 8.I0.50.2 Definitions. required for busy The followilp &FTn_Mons only aPol's office. Permanent Interpretation and enforcement gone prospects. Var airport ovarlay zones. resting duties which olherapy, patient ex (a) Airport. The Iowa City K ray work msurancee 'SBUIUaea IS6Z�4Zq 'laoe Isag 'Auod mous poo9'salod pue slaijeq saoP 'ladwnl poafi 'owls gelV c, •01104 If"'3NVW AVNO '6LPS t'f9 'allua6 Alan 'plo Sil a t 8 alew esooledds, givs doA ILK SE 'u011M14sul 'euale p21q 11 loop ul 'lnoWnl w sllelS ' 9NIC1dVO9' OL► lumdlnba pup SOH £808'Ls£ JO LOVS-8CC a33N01i3n V '30HON04 3'IA7 'BUIrlllmaPID Pup s/u9wu64su03 joi Alice IIDD Slool tuewdlnb3 alflo:) pup 6OH Ajefumpoyy — Siopoil 'W'V OL 'CL .aegw9gd9S 'Atopsen,L A412 omool •lIseM L -ARAN NOumv 1N3WNOISNO3 enunu�n r You Qualify? 5447 atter 5:30pn1 or week 133; SALES/MANAGEMENT IA POSITION AVAILABLE ( amic, career orientated cosi- , -- When you want to sell your collectables Advertise in the Classified i ntique Directory �RESS-CITIZEN d _ Call ORDINANCE NO. 83-3134 An ordinance vacating certain alley right-of-way running south from Highway 6 between Valley Avenue and Lincoln Avenue in Suburban Heights Addition to Iowa City, Iowa. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That certain alley right-of-way in Iowa City, Iowa, is hereby vacated for alley purposes, and that said portion of right-of-way is described as follows: Beginning at the southeast corner of Lot 23 in Suburban Heights Addition to Iowa City, Iowa, thence north 245 feet to the northeast corner of Lot 25, thence east 16 feet to the northwest corner of Lot 28, thence south 260 feet to the southwest corner of Lot 32, thence west 16 feet to the Point of Beginning. SECTION II. This ordinance shall be in full force and effect and 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, 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 16th day of August, 1983. MAYOR ATTEST: c CITY CLERK lealved 3 Approved $y The Legal De a of ra sa y3 I k V 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 _y MCDONALD _7l— NEUHAUSER x PERRET First consideration 7/19/83 Vote for passage: Ayes: Erdahl, Balmer, Lynch, McDonald, Perret. Nays: None. Absent: Dickson, Neuhauser. Second consideration 8/2/83 Vote for passage: Ayes: $almer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. Absent: Neuhauser. Date published August 24, 1983 IG� CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CIN, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3134 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of August , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 24th day of August , 1983 Dated at Iowa City, Iowa, this 1st day of September ,19 83 . Ramona Parrott, Deputy City Clerk Printers fee S1'—. 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- lowing -ate s): Cashier red and sworntobefore me �'day of�ddd�. A. D. 191a� uv e Notary Public I t AIV:LAYWItER OFFICIAL PUBLICATION ORDINANCE NO. 83-3134 An ordinance vacating certain alley right-of-way rupning south froa Highway 6 between Valley Avon" and Li nco in Avenue in Suburban Heights Addition to Iowa City, lova. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IWA: SECTION L That certain alley right-of-way in Iowa City, Iowa, is Mreby vacated for alley purposes, and that said portion of right-of-way is described as follows: Beginning at the southeast corner of Lot 23 in Suburban Heights Addition to Iowa City, Iowa, thence north 245 feet to the northeast corner of Lot 25,. thence east 16 feet to the northwest corner of Lot 28, thence south 260 feet to the southwest corner of Lot 32, thence west 16 feet to the Point of Beginning. SECTION 11, This ordinance shall be in Tull force and effect and published by law. SECTION 111. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are Mreby repealed. SECTION IV. SEVERABILITY. If any section, provision r part of the Ordinance shell be adjudged to be inya}id 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 Ord nance sOrd lull be in effect afteer its final passage; approval and publication as renoi red by law. Passetl and approved this 16th day of August, 1983.MA A��. 0....,..! V ATTEST'e CITY LLERR 8635 August 24, 1963 ORDINANCE NO. 83-3135 ORDINANCE AMENDING CITY CODE OF ORDINANCES SECTION 20-21(a) BY EMPOWERING THE LIBRARY BOARD TO AUTHORIZE THE CITY COUNCIL TO EXECUTE LIBRARY SERVICES CONTRACTS WITH OTHER BODIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to amend the City Code provisions relating to the Library Board to explicitly authorize the Board and City Council to enter into a joint agreement whereby the City Council may negotiate and execute library services contracts with other bodies, such as the Board of Supervisors. SECTION II. AMENDMENT. Chapter 20, Article II of the City Code of Ordinances is hereby amended as follows: A. Section 20-21(a) is hereby deleted and the following new subsection (a) is hereby added to the City Code of Ordinances: (a) Contracting.. The board may contract with any other boards of trustees of free public libraries, any other city, school corporation, private or semiprivate organization, institution of higher learning, township, or county, or with the trustees of any county library district for the use of the library by their respective residents. Where deemed appropriate or beneficial by the board and council, the board may authorize the council to negotiate and execute such library services contracts on its behalf. The terms and conditions of any such authorization shall be set forth in a joint agreement between the board and council, copies of which shall be maintained by the City Clerk. t 1 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 16th day of August, 1983. MAYOR � / ATTEST: Ol cn� 4. 7fonn ) CITY CLERK It was moved by rvnrh and seconded by ni rkSnn that the Ordinance as read be adopted and upon roll -call there were: AYES: NAYS: ABSENT: X BALMER x_ DICKSON ERDAHL LYNCH _ y MCDONALD NEUHAUSER _ PERRET First consideration Vote for passage: Second consideration Vote for passage: Moved by Lynch, seconded by Dickson, that the rule requiring ordinances be considered and voted on for passage at two Council meetings prior to meeting second at which it is to be finally passed be suspended, Date published 8/24/83 consideration and vote be waived and the ordinance the first and to the be voted upon for final passage at this time. Ayes: Erdahl, Balmer, Dickson, Lynch, McDonald, Received & Approved Neuhauser, Perret. Nays: None. By The Leal Deparhneni w/ CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3135 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of August , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 24th day of August , 1983 Dated at Iowa City, Iowa, this 1st day of September X19 83 . R mons Parrott, Deputy City Clerk Printers fee S� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS-CiTIZEN T 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��tt��aachggd, was published in said paper VI! ' time(s), on the fol- lowing date(s): Cashier rSubscribed and sworn to before me r day ofd, A. D. Notary Public OFFICIAL PUBLICATION ORDINANCE NO. gu,135 ORDINANCE AMENDING CITY CODE 'OFY ORDINANCES SECTION 20-21(a) BY EMPOWERING THE LIBRARY BOARD TO AUTHORIZE THE CITY COUNCIL TO EXECUTE LIBRARY SERVICES CONTRACTS WITH OTHER BODIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to amend the City Code Provisions misting to the Library Board to explicitly authorize the Board and City Council to enter into a joint agreement ,hereby the City Council may negotiate and execute library services contracts with other bodies, such as the Board of Supervisors. SECTION II. ANENOMENT. Chapter 20. Article 11 --of City Code of Ordinances s hereby amended as follows: A. Section 20-21(a) is hereby deleted and the following dew subsection (a) is hereby added to the City Code of Ordinances: (a) Contracting. The board may contract with any other boards of trustees of free public libraries, any other city, school corporation, private or semi -private organization, institution of nigher learning, township, or county, or with the trustees of any County library district for the use of the library by their respective residents. Where deemed .appropriate or bameficiai by the board and council, the board may authorize the cOOMII to negotiate and execute such library services contracts on its behalf. The terms and conditions of any such authorization shall be set forth in a joint agreement between the board and council, copies of which shall bas maintained by the City Clerk. SECTION III. REPEALER. All ordinances and partso 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 o,any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect site, its final passage, approval and publication as required by law. Passed and approved this 16th day of August, 1983. MA 1Y/OR ATTEST. nju.— TY CLERK 8838 August 24, 1983 ORDINANCE NO. 83-3136 AN ORDINANCE TO CORRECT PRIOR ERRONEOUS ORDINANCE VACATING ALLEY RIGHT-OF-WAY PLATTED IN LYMAN COOK'S SUBDIVISION OF OUTLOT 25, ORIGINAL TOWN. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That Ordinance No. 83-3103, adopted February 15, 1983, and filed in the Johnson County Recorder's Office as Ordinance No. 83-3013, is hereby repealed. SECTION II. That the following described right-of-way in Iowa City, Iowa, is hereby vacated for use as a street: Commencing at the northwest corner of Lot 1, of Lyman Cook's Subdivision of Outlot 25 of the Original Town of Iowa City, Iowa, as recorded in Deed Book 16, page 93, of the Records of the Johnson County Recorder's Office; thence S 00°00'00" W (an assumed bearing) along the west line of said Outlot 25, 155.00 feet to the northwest corner of Lot 3 of said Outlot 25; thence S 89°53'27" E, 149.71 feet to the northeast corner of said Lot 3; thence S 00°02'00" E, 75.00 feet to the southwest corner of said Lot 3 as the Point of Beginning; thence S 89°53'27" E, 20.00 feet to the easterly line of the platted alley; thence S 00°02'00" E, along said easterly line, 75.00 feet to its intersection with the extended southerly line of Lot 4 of said Lyman Cook's Subdivision; thence N 89°53'27" W along said southerly line, 20.00 feet to the southeast corner of said Lot 4; thence N 00°00'00" E, 75.00 feet to the Point of Beginning. SECTION III. The above-described piece of land will be subject to the easements and restrictions of record. SECTION IV. This ordinance shall be in full force and effect when published by law. Passed and approved this 16th day of Aucrust , 1983. MAYOR ATTEST: ITY CLERK IIS Ord. No. 83-3136 Page 2 It was moved by Bahr , seconded by McDonald that the Ordinance as rea be a opted and upon roll call there were: AYES NAYS X X _ X — x X X_ X First consideration Vote for passage: Second consideration Vote for passage: Date published 8/24/83 ABSENT: 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 suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. Receives 3 Approved dy Th <j LegT a nt k3 CITY OF CIVIC CENTER 410 E, WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CIN, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. g3_31A6 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the lfith day of August , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 24th day of August , 19 83 . Dated at Iowa City, Iowa, this 1st day of September ,19 83 . Ramo a Parrott, Deputy City Clerk 17 Printers fee ffi I OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE N0 83-3136 STATE OF IOWA, Johnson County,ss: AN ORDINANCE TO CORRECT PRIOR EARONCOM THE IOWA CITY PRESS-CITIZEN ORDINANCE VACATING ALLEY RIGHT-OF-MY PLATTED IN LYMAI COOK'S SUBDIVISION OF OUTLOT 25, ORIGINAL 101M.. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA I CITY, IOWA: SECTION 1. That Ordinance No. 83-3103, Bronwyn S. Van Fossen, beim du] iebruary 15, 1983, and filed In the ado�Johnson g y sworn) say that I am the cashier of the County Recorder's Office as Ordinance No. 83-3013, is hereby repealed. IOWA CITY PRESS-CITIZEN, a news. SECTION IT. That the following described paper published in said count and that ri9�'•ay in Iowa City, Iowa, is hereby , a notice, a printed copy O which is vacated for use as a street: Consenting at the northonst corner of hereto at ache was ublished in said P Lot 1, of Lyeao cook's Subdivision of Outlot 25 of the Original Town of Iowa paper time(s), on the fol- City, Iowa, as recorded in Deed Book low' datelsi: 16. page 93, of the Records of the �S Johnson County Recorder's Office; / thence 5 00"00'00" W (an asiueed bearing) along the west line U said Outlot 25, 155.00 feet to the northwest corner of Lot 3 of said Outlot 25; then# S 89°53'27" E, 149.71 feet to " the northeast corner of said Lot 3; thence S 00°02'00" E. 75. DO feet to the southwest corner of said Lot 3 as the Point of Beginning; thence'S 89°53'27' Cashier E, 20.00 fat to the easterly line of the Platted alley; thence S 00^02'00" E. along said easterly line, 75.00 feet to its intersection with the extended Subscribed and swo IT to before me southerly line of Lot 4 of said Ilan J' Cook's Subdivision; thence N 89-53'27" W along said southerly line, 20.00 feet this Cxdy of A. D. to the southeast corner of said Lot 4; thence N 00^00'00^ E, 75.00 feet to the Point of Beginning. SECTION III. The above-described piece of 19 Fanwilibe subject to Me easements and c restrictions of record. SECTION IV. This ordinance shall be in full 75'r—rs anreffect when published by law. Passed and approved this Tech 'day of Notary Public Aummt .19°3. No.ZC 3cZ� U/MTU _ swViLAYYAI�R ATTEST: o q�y,�t� , CITY GLt 1836 August 24, 1983 ORDINANCE NO. 83-3137 AN ORDINANCE AMENDING 523-74 AND REPEALING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE CITY CODE. SECTION 1. PURPOSE. The purpose of this amendment is to repeal the required licensing of bicycles provisions and to delete the reference to such required licensing in other provisions of Chapter 23. SECTION 2. AMENDMENT. A. Section 23-74 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby deleted, and substituted in its place is the following new Section 23-74: Sec. 23-74. Unlawful application, possession or transfer. Any person who knowingly makes any false statement of a material fact, either in his/her application for a City bicycle license or a. transfer of same; intends to procure or pass title to any such bicycle which he/she knows or has reason to believe has been stolen; receives or transfers possession of the same from or to another; or who has in his/her possession any bicycle which he/she knows or has reason to believe has been stolen shall be deemed guilty of a misdemeanor. B. Article IV, Division 2 of Chapter 23 (which includes Sections 23-82 through 23- 87) is hereby repealed and reserved. 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 16th day of August, 1983. u MAYS/OR � ATTEST: %JII4/J// 91. 4/I/l� CITY CLERK It was moved by Perret , 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 7/19/83 Vote for passage: Ayes: Perret, Balmer, Erdahl, Lynch, McDonald. Nays: None. Absent: Dickson, Neuhauser. Second consideration 8/2/83 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. Absent: Neuhauser. Date published 8/24/83 Received & Approved By The legal Department bA 714 CITY OF CIVIC CENFER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-50DO I, Ramona Parrott, 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. 83-3137 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of August , 1983 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 24th day of August , 1983 Dated at Iowa City, Iowa, thislst day of September ,19 83 Ramdna Parrott, Deputy City Clerk Printers fee $19—_ 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 E shed was published in said paper time(s), on the fol- Ia�date(sN� Cashier Subscribed and sw rn to before me this Ofday of A. D. 190 9 Sf(.L /�t�sy�iy`� /' Notary Public No. iZ.31&Z �15iLAYNAl:ER -_% i A& OFFICIAL PUBLICATION ORDINANCE W. 8}1137 a ORDINANCE MENDING 123-74 AND REPEALING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE Cl" CODE. SECTION 1. PURPOSE. The purpose of this asendeent Is to repeal the required licensing of bicycles provisions and to oehste the reference to such required licensing in other provisions of Chapter 23. SECTION 2. AMENDMENT. A. Section 23-74 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby deleted, and substituted in its place is thk following new Section 23-74: Sec. 23-74. Unlawful application, possession or transfer. Any person who knowingly Bakes any false statesent of a aaterial febt, either in his/her application for a City bicycle license or a transfer of sae; intends to procure or pass title to any such bicycle which he/she knows or has reason to believe hasbeen stolen; receives or transfers pod seseton of the .. fr. Or to another; or who has in his/her possession any bicycle whicb M/she knows or has reason to belleya Ms Men stolen shall be deesed guilty of a N sdeaeanor. r B. Article IV, Dlrlslon 2 of Chapter 23 (which includes Sections 23-W through 23- 87) 1s hereby repealed and! reserved. SECTION I. REPEALER. All ordinances and Parts of ordlmmnces in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or Raft of the Ordinance shall be adjudged to be invalid or ue:onstitutional, such ajudication shall rot affect the vel idlty of the Ordinance as a Mole or any section, provision or Part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordl nonce shall De in effect after it. final passage, approval and peal icatinn a requl rod by law. Passed and approved thisl6th day Of Auquet, 1983. 1 �+ ::w. ., I ,�al, f A .ta✓ i. -145Y� ATTEST:Ziq uw,.,J' )r er�A.11 ERA 8831, AUgUSt 74, 1983 ORDINANCE NO. 83-3138 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF WHEATON ROAD IN WESTGATE ADDITION TO IOWA CITY, IOWA. 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 R3 to R1B, 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 the property located on the east side of Wheaton Road in Westgate Addition, and legally described as: Lots 28 and 47-56 of Westgate Addition to Iowa City, Iowa. 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 ddlrected 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 passage, approval and publication as required by law. Passed and approved this 30th day of August, 1983. A /ORR ATTEST: 4 —� CITY CLERK Realved b Approved By T1e Legal DepadTrmnt z It was moved by Erdahl , and secoi.___ byMcDonalA 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: Date published September 7, 1983 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: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None Absent: Perret. CITY Or CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3138 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of Aueust , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 7th day of September , 19 83 Dated at Iowa City, Iowa, this 19thday of October ,19 83 . Ramona Parrott, Deputy City Clerk 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 atNacd, was published in said paaper� 81no — time(s), on the fol- lowing r—+� Cashier Subscribed and sworn to before me this a+ day of A. D. 19� A�xn -7 Notary Public No. 1 z31�9 4 L&M K JUN iMMllM i OFFICIAL PUBLICATION ORDINANCE M. ,,,in �t ORDINARCWINDING DING M ZONING O"IMANCE T Cimima 1G ME USE REGI)WIONS Of CERTAIN FFAMIR Y: ATWON TNE'EAST SIDE OF INEATOK ROAD IN KSTGAT ADDITION TO IOIM'CITY. I". RE IT OROIiINED M TME CITY COUNCIL Of THE CITY OF IOW CITY, IOM: SECTION That the property Murthad below is re roc asst fled frog its "serrt 0"itilutien Of RR, to M. arra the M.hdaries of the RM 'one as tAdjcated ,poo the Zoning W of the City of Iwo City. Iowa, shell he enlarged to inclose the Meant in N�estylocated on the ..at I& or e Addition. nd legally oescriboed &s: lots M and 47-M of Wstgate Addition to Iowa City. low. SECTI,M II. The Isildiwig Inepyctor 11 hereby e' ut1ioriied-x,d directed to change the tontng rW of 1M City of law City. Iowa, to I.f., to this swoodeele upon the final passage, approve] and publicationof thisordinarce as provided by Iw. SECTION 111. The City Clerk Is l,ersayouthurited .VZrro_cW to cartily . copy of this urdinanpa W the Canty Recorder of .Iohneon (;pmty Iowa ODOR final PaesWa tea puEllcabion at proviww it law. SECTION IV. REDEALFR. A11 ordlm,ees and Parts of o -3r ,MalPI iTfLt with the prevision of thts ordinance are hereby repealed. SECT 1DN r. StVERAgILITV. If any section, prw s op ar Pa o tie .Orli mrNe shell ba adjudged to b Invel Id or unconstl Wtlaul, such ajudication shallnot effect the validity of the Ordtoanpe n'a .whale or aW —tion, prov6lon or pert thereof rot UWg d invalid or unconsti- t tutlonal. s,CTIRI Vic l'r 11 DATE. This Ordinaace shell Ti__" a Vi a r s nal yesuge, apprwel and publication as Malred by I.J. passed end approved this 00tlt da'y of Aualet, 19M. ATTEST: %1T� as) .el 9377 "�`�r� $eptember 7, 1987 ORDINANCE NO. 83-3139 ORDINANCE AMENDING SECTION 8.10.28 OF THE ZONING ORDINANCE TO PROVIDE THAT THE FILING OF AN APPEAL TO THE BOARD OF ADJUSTMENT STAYS CONSTRUCTION ACTIVITIES UNDER BUILDING PERMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend Section 8.10.28.D of the Zoning Ordinance to provide that when an appeal to the Board of Adjustment is filed with respect to the issuance of a building permit, construction activities under such building permit shall be stayed. SECTION II. AMENDMENT. Appendix A -Zoning of the Code of Ordinances is hereby amended as follows: A. Section 8.10.28.D of the Zoning Ordinance is hereby deleted in its entirety. B. Section 8.10.28.D of the Zoning Ordinance is hereby amended to read in its entirety as follows: "D. Effect of Appeal. An appeal stays all proceedings in furtherance of the action appealed from, including, without limitation of the foregoing, a permitee's right to proceed with construction or other activities authorized under a building permit, the issuance of which is a subject of the appeal, unless the City Manager or his/her designee certifies to the Board after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings or construc- tion activities shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application and notice to the City Manager or his/her designee on good cause shown. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. IAI Ordinance No. 83-3139 Page 2 SECTION IV. SEVERABILITY. If any section, provision or part of this 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 IV. 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 August, 1983. 1A'/ W 1-jI t� MAOOR ATTEST: CITY CLERK Received 8 Approved BY Th: legal p 2(�1 P�partmenr It was moved by Erdahl , 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 R NEUHAUSER X PERRET First consideration Vote for passage: Second consideration Vote for passage: Date published September 7, 1983 Moved by Erdahl, 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: Erdahl, Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. Absent: Perret. CITY OF IOW/-\ CITY CIVIC CEN(ER 410 E. WASHINGTON ST IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) Ss JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3139 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of August , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 7th day of September , 1983 Dated at Iowa City, Iowa, this 19thjay of October ,19 83 �Famona Parrott, 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 attached, was published in said paper C h P� time(s), on the fol- io ng date(s): i� Cashier Subscribed and sworn nt�to��before me this 9�day OfsLI1s A. D. 1902 Notary Public No.IZ3l6Z OFFICIAL PUBLICATION ' ORDINANCE N0. 83-3139 ORDINANCE AMENDING SECTION 8.10.28 OF THE ZONING ORDINANCE TO PROVIDE THAT THE FILING OF AN APPEAL TO THE BOARD OF ADJUSTMENT STAYS CONSTRUCTION ACTIVITIES UNDER BUILDIND.PERNITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF jONA CITY, TWA.., SECTION IURPOSE. . PTM purpose of this oroinant. is to aw.d Section 8.10.28.0 of the Zoning 0dinance' 4 provide that when an appeal 4 the Board of Adjustwnt is ,fled with respect 4 the bawoca of a Wilding p*.lt, construction activities under'such building permit shell W stayed. SECTION II. AMENDMENT. Apbehat.- A -Zoning o� tp�tI1�ada o% �I nances is MrrbY emended as fdifclra;, A. SactJon 8.10.28.0 of the zoning Ordinance is hereby deleted in its entirety. B. Section 8.10.28.0 of the Zoning Ord finance is hereby awnded4 read in its entirety as follow: .4 "0. Effect of Appeai. An appeal stays all proceedings in furtherance of tM action am.11od Trow, FMludingo:uvithout 11.1ution of the foregoing,' a pereitae's right 4 Proceed with construction or other activities autboritad under a Wilding permit, the issuance or which is a subject of the appeal, unless the City Manager ,or his/her dasignaa certifies to tM Board'"m14r the notice of appeal shall ha"Teen filed with him/Mr, that by reasma of facts stated In the Certificate, a stay would, in his/her opinion, cause imminent pari) to life or property. In such case, proceedings or construc- tion activities shall not be stayed otherwise then by a restralaing order Which may W granted by the Board or by a court of record on application and notice 4 the City Manager or his/her designee W good CaNw shown. SECTION III REPEALER. All ordinances -nd partes in conflict With the provisions of this ordinance are hereby repealed. SECTION IV. SEVERASTLI lY. IT any section,. provision or part of this ordihaM! Mall be adjudged 4be invalid or unconstitutional, such a.djudication $hall not affect the validity of the Ordinance as a whole, or any section, provision or part thereof Trot adjudged invalid or unconstitutional. SECTION IV. Ef FECTIVE DATE. This ordinance snail he in effect after its final passage, approval and publication as re90 red by law. Passed am approved this 30th day df Auest, 1983.. _J0Z16✓,d AYOR ArTEST: Ck LEAK y;. 9336 September 7, 1983 t '< ORDINANCE NO. 83-3140 AN ORDINANCE TO CORRECT AN ERRONEOUS LEGAL DESCRIPTION IN THE ORDINANCE VACATING ALLEY RIGHT-OF-WAY IN LYMAN COOK'S SUBDIVISION OF OUTLOT 25, ORIGINAL TOWN. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That Ordinance No. 83-3136, adopted August 16, 1983, is hereby repealed. SECTION II. That the following described right-of-way in Iowa City, Iowa, is hereby vacated for use as a street: Commencing at the northwest corner of Lot 1, of Lyman Cook's Subdivision of Outlot 25 of the Original Town of Iowa City, Iowa, as recorded in Deed Book 16, page 93, of the Records of the Johnson County Recorder's Office; thence S 00°00'00" W (an assumed bearing) along the west line of said Outlot 25, 155.00 feet to the northwest corner of Lot 3 of said Lyman Cook's Subdivision; thence S 89°53'27" E, 149.71 feet to the northeast corner of said Lot 3; thence S 00002'00" E, 75.00 feet to the southeast corner of said Lot 3 as the Point of Beginning; thence S 89053'27" E, 20.00 feet to the easterly line of the platted alley; thence S 00°02'00" E, along said easterly line, 75.00 feet to its intersection with the extended southerly line of Lot 4 of said Lyman Cook's Subdivision; thence N 89°53'27" W along said southerly line, 20.00 feet to the southeast corner of said Lot 4; thence N 00000'00" E, 75.00 feet to the Point of Beginning. SECTION III. The above-described piece of land will be subject to the easements and restrictions of record. SECTION IV. This ordinance shall be in full force and effect when published by law. Passed and approved this 30th day of August , 1983. /l MAYOR ATTEST: J% �1- CITY CLERK Received 3 Approved By Th? 1. -nal D=.^a menf 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: jY_ BALMER X DICKSON X ERDAHL X LYNCH x_ MCOONALD _x NEUHAUSER X PERRET First consideration Vote for passage: Second consideration Vote for passage: Date published �Septenjer 7. 1983 Mmby 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 suspen3ed, the first and second oonsideration and vote be waived and the ordinance- be voted upon for final passage at this time. Ayes: Neuhauser, Balser, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: Perret. 1a5 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3140 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of Aueust , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 7th day of September , 1983 Dated at Iowa City, Iowa, this 19th day of October ,1983 Ram-na Parrott, 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 ��ttp�ch�RR�d, was published in said paper �Jgral timels), on the fol- lowing date(s): h I ^ g� Cashier Subscribed and sworn to before me this !__+ldBy of A. D. f� Notary Public No.�� I�Z wU su TAVJM OFFICIAL PUBLICATION ORDINANCE W. 83-3140 AN ORDINANCE TO CORRECT AN ERRONEOUS LEGAL DESCRIPTION IN THE ORDINANCE VACATING ALLEY RIGHT-OF-WAY IN LYNAH COON'S SUBDIVISION OF OUTLOT 25, ORIGINAL TO". BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. That Ordinance No. 83-3136, adopted Cugust 16, 1983, is nereby "pealed. SECTION 11, Tibet the following described r gam-- y in Iowa City, Iowa, is hereby vacated for use as a street: Coseencing at the northwest corner of Lot 1, of Lyman Cook's Subdivision of outlot 25 of the Original Toren of Iowa City, Iowa, as recorded in. Deed Book 16, page 93, of the Records of the Johnson County Recorder's Office; thence 5 00100'00" W (an assueed bearing) along the west line of said outlot 25, 155.00 feet to the northwest corner of Lot 3 of said Lyean Cook's 6ubdivision; thence S 8VS3'27" E. 149.71 feet to Line northeast OW,r of said Lot 3; thence S W002'00" E, 75.00 feet to the southeast corner of said Lot 3 as the Point of Beginning; thence S 89"53'27" E. 20.00 feet to the easterly line of the platted alley; thence S 00°02'00" E, along said easterly line, 75.00 feet to its intersection with the extended southerly line of Lot 4 of said Lyman Cook's Subdivision; thence N 89°53'27" W along said southerly line, 20.00 feet to the southeast corner of said Lot 4; thence N 00"00'00" E, 75.00 feet to the Point of Beginning. SECTION 111. The above-described piece of land wflibe subject to the easesents and restrictions of record. SECTION IV. This ordinance shall be in full orc� anaieffect when published by law. Passed and approved this ,30N day of A'1f0e,c . 1983. ATTEST: 266y L h 9134 Sepiemner 7. 1993 ORDINANCE NO. 83-3141 AN ORDINANCE AMENDING CHAPTER S OF THE CITY CODE TO REGULATE THE CARRY -OUT OF OPEN BEER OR ALCOHOLIC BEVERAGE CONTAINERS FROM LICENSED PREMISES AND TO PROHIBIT POSSESSION OF SAME SECTION I. PURPOSE. The purpose of this amendment is prohibit the carry -out of open containers of beer or alcoholic beverage from licensed premises and to prohibit possession of same on streets and sidewalks. SECTION II. AMENDMENT. Chapter 5 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Sections 5-11 and 5-12: Sec. 5-11. Open Containers. It shall be unlawful for any person or for any licensee or permittee under this chapter or his/her agents or employees to permit any person to carry from a licensed permises any open container of beer or alcoholic beverage, including but not limited to bottles, cans, glasses, mugs, and cups, except when such carry -out is related to and necessary for custodial, maintenance, and other bona fide employment purposes. Sec. 5-12. Possession of Open Containers. It shall be unlawful for any person to possess any open container of beer or alcoholic beverages upon the public streets or highways, including the sidewalk within the public right-of-way, and in any public place, except premises covered by a liquor control license. 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 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 V. 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 August, 1983. yy,� YOR ATTEST: P4dd.a, CITY L R A It was moved by _ivnch and seconded by McDonaldthat 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 FERRET First consideration 8/2/83 Vote for passage: Ayes: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: Neuhauser. Second consideration 8/16/83 Vote of passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Date published September 7. 1983 Received & Approved By the Legal Department )a? CITY OF IOWA CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Ramona Parrott, 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. 83-3141 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of August , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 7th day of Sentember , 1983 Dated at Iowa City, Iowa, this 19th day of October ,19 83 Ramona Parrott, Deputy City Clerk C! Printers fee El—_ 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 heretoh d, was published in said a to paper time(s), on the fol- Igwing cl�tejs)- 3- if ' 8 Cashier Subscribed and sworn ..tto^obefore me this _(I+hday of A. D. 19� 1 7 Notary Public rNo.Z�� c�jZ OFFICIAL PUBLICATION ORDINANCE NO. 83-3141 AN OROIK40CE AMENDING CHAPTER 5 OF THE CITY CODE TO REGULATE THE CARRYOUT OF OPEN BEER OR ALCOHOLIC BEVERAGE CONTAINERS FROM L ICENSEO PREMISES AND TO PROHIBIT POSSESSION OF SAME. SECTION I. PURPOSE. The Purpose of this amenament s to prohibit the carry -out of open containers of beer or alcoholic beverage from licensed promises and to prohibit possession of same on streets and sidewalks. SECTION II. ANENOMENT. Chapter 5 of the ow.? k nances o tha City of Iowa City, Lowe, is hereby amended by adding the following new Sections 5-11 and 5-12: Sec. 5-11. Open Containers: It shall be unl owful for any person or for any licensee or permittee under this chapter or his/her agents or employees to'bereft any person to carry from a licensed premises any open container of bear or alcoholic beverage, including but rot limited to bottles, cans, glasses, mugs and cups, except when such terry -out is related W and necessary for custodial, maintenance. and other bona fide employment purposes. Sm. 5-12. Possession of Open Contain - oft. It shall be unlawful for any person to possess any open container of beer or alcoholic beverages upon the public streets or highways, including the sidewalk within the public right-of-way, and in any public place, except promises covered by a liquor control license. SECTION III. REPEALER. All ordinances and parts o or nances in conflict with the provision of this ordl nonce an hereby repealed. SECTION IV. SEVERABILITY. If any section, provision o--rpart of the Ordinance shall be adjudged to be invalid or unconstitutional, such ej udiestion shall rot affect the validity of the Ordinance as a whale or any section, provision or part thereof not .,judged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Drill nonce shall n�iiibee a e ritm final paasepe, approval and Publication as required by law. Passed and approved this Nth day of August, 1983. Aat ATTEST: �—t[T�fCEif� 9719 September T, 1983 ORDINANCE NO. 83-3142 AN ORDINANCE AMENDING CHAPTER 33 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO CERTAIN AMENDMENTS AND DELETING THEREFROM CERTAIN PROVISIONS AND SUBSTITUTING IN LIEU THEREOF NEW PROVISIONS BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA:. SECTION 1. PURPOSE. The purpose of this Ordinance is to revise the procedures for collection of sewage and water bills and to simplify the administration of the Ordinance. SECTION 2. AMENDMENTS. (A) Sec. 33-115 is hereby amended by deleting therefrom the definition of "consumer" and substituting therefor the following definition of "consumer": Consumer shall mean any person using water furnished by the City including all persons occupying and/or owning premises at the time the water is used. (B) Sec. 33-167(c) is hereby amended by adding thereto the following: "Provided further, however, that any rental property owner or manager shall furnish to the City in writing the name and forwarding address and telephone number (if known) of former tenants who have vacated the premises where water bills are past due and unpaid. Providing this information shall cause the City to forbear filing the lien provided for in this section." (C) Sec. 33-167(d) is amended by adding thereto the following: "Water service to rental properties shall be resumed notwithstanding failure of the persons formerly living there or occupying the premises to have paid all water bills provided that all such persons have vacated the premises as verified in writing by the rental pro- perty owner or manager. (D) Sec. 33-154 is hereby amended .by adding thereto new subparagraph (e) as follows: When a tenant notifies the City that he/she is moving and no one has authorized service to start for a new tenant, the City shall automatically place the account into the name of the owner/manager. Billings generated during the first 15 days, after which a rental property account has been put into the owner's/manager's name, shall in- clude charges for actual water usage only; no minimum charges or refuse charges will be included. No reading fee is to be charged on the automatic return to the owner's/manager's name. When an owner/manager receives a bill for water usage, for the interm period between tenants, he/she may determine that the bill should be paid by the tenant and inform the tenant of their responsibility to pay the bill. Upon written notification from the owner/agent the City will transfer the billed amount to the tenant's account. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. 1A Ordinance No. 83-3142 Page 2 SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconsti- tutional, 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 5. 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 August, 1983. ATTEST: 24 114,1,11.) CITY CLERK It was moved by Lvnch , and seconded by , that the Ordinance as rea e adopted and upon roll call t ere were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x FERRET First consideration Vote for passage: Second consideration Vote for passage: 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 consideration and vote be waived and the ordinance be voted upon for final passage at this time. Date published September 7, 1983. Ayes: Balmer, Dickson, Erdahl, Lynch, McWnaJd Neuhauser. Nays: None. Absent: Perret. 121 CITY OF CIVIC CENFER 410 E. WASHINGTON ST STATE OF IOWA JOHNSON COUNTY I, Ramona Parrott, Iowa, do hereby certify and correct copy of the the City Council of Iow 30th day of August record in my office and the 7th day of Sept( SS OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 Deputy City Clerk of the City of Iowa City, that the Ordinance attached hereto is a true Ordinance No. 83-3142 which was passed by 3 City, Iowa, at a regular meeting held on the 19 83 , all as the same appears of published in the Iowa City Press -Citizen on ,tuber , 19 83 Dated at Iowa City, Iowa, this 19th day of October ,1983 Ra ona Parrott, 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 attached, was published in said paper ens Vve time(s), on the fol - lo ng date(s): C Q Cashier Subscribed and sworn to before me this 9f� day of A. D, Notary Public No.� (s) 7— Ll FU71izmwn OFFICIAL PUBLICATION ORDINANCE NO. 8}3141 AN ORDINANCE AMENDING CHAPTER 33 OF THE MUNICIPAL ,CODE OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO CERTAIN AMENDMENTS AND DELETING THEREFROM CERTAIN PROVISIONS AND SUBSTITUTING IN LIEU THEREOF NEW PROVISIONS. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this nano s rev se—I.,dures for collection of sewage and r� bills aL to simplify the admintatra on of the Ordinance. SECTION II. AMENDMENT$. (A) Sec. 33-115 s er y ase-3e�by &sting therefrom the definition of "consumer" and substituting therefor the following definition of "consumer": Consumer shall scan any person using water furnished by the City including all persons occupying and/or owning premises at the time the water is used. (B) Sec. 33-167(c) is hereby amended by adding thereto the following: "Provided further, however, that any rental property owner or manager shall furnish to the City in writing the name and forwarding address and telephone number (if known) of former tenants who have vacated the premises where water bills are Past dueand unpaid. Providing this information shall cause the City to forbear filing the lien provided for in this section." (C) Sec. 33-167(d) Is amended by adding thereto the following: "Water ""I" to rental properties shall be resumed notwithstanding failure of the persons formerly living there or occupying the premises to have Paid all water bills provided that all such persons have vacated Eye premises as verified in writing by the rental property owner or manager. (D) Sec. 33-154 is hereby amended by adding thereto rev subparagraph (e) as follows: When a tenant notifies the City that be/she is moving and no one has authorized service to start for a now tenant, the City.shall automatically place the account into the name of the owner/manager. Billings generated during the first 15 days, after which a rental property account has been Put into the wnir's/manager's name, -shall include charges for actual water Lsage only; no minimum charges or refuse charges will be included. No reading fee is to be charged on the automatic return to the owner's/manager's nese. When an caner/manager receives a bill for water usage, for the interim period between tenants, he/she may determine that the bill should be paid by the tenant and inform the tenant of their responsibility to pay the bill. Upon written notification from the owner/agent the City will transfer the billed amount to the tenant's account. SECTION 111. REPEALER. All ordinances and parts o ordinances in conflict with the provision of this ordinance an hereby repealed. SECTION IV. SEVERABILITY. If any sect on, pro—i— v s—TSor pert of the Ordl na. shall be adjudged to be, invalid or unconstitutional, such afudication 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 rdinance she e n effect after its final Passage, approval and publication as required by law. IPassed and approved this 301,h day Cf August, 1983. Y ATTEST: 1Vsf'o__ti -d/ UA, ' rT 9337 September 7, 1983 ORDINANCE NO. 63-3143 AN ORDINANCE AMENDING CHAPTER 26 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY DELETING CERTAIN PROVISIONS THEREFROM AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to revise the peddlers, solicitors and transient merchants ordinance in order to simplify the administration thereof. SECTION II. AMENDMENTS. (A) (1) Sec. 26-1 is hereby amended by deleting from the definitions the definition of "transient merchant." (2) Sec. 26-1 is further amended by deleting therefrom the definitions of "peddler" and "solicitor" and inserting therefor the following definition "Peddler/Solicitor is any person who goes from door-to-door and who carries in his/her possession goods or merchandise which he/she sells or offers for sale with immediate delivery or who solicits by means of the sale or offer for sale of any goods or merchandise by taking orders therefor with delivery at a future date." (3) By further deleting from Sec. 26-1 the definition of "person." (B) By deleting therefrom all references to "transient merchant" or the term "merchandising" contained in Secs. 26- 2; 26-16; 26-17(c)(2); 26-17(c)(3); 26-19; 26-20(b): (C) (1) Sec. 26-17(b) is hereby amended by deleting the fee of three dollars ($3.00) and substituting therefor a fee of thirty dollars ($30.00) which shall cover the administrative costs of the clerk in processing the application. (2) Sec. 26- 17(c)(4) is hereby deleted. (D) Sec. 26-19 is amended by deleting therefrom the words "An applicant" and substituting therefor the following: All self-employed persons or persons employed by firms, partnerships, associations, corporations, or organizations of any kind (except as stated in Section 26-26) and applying for a license under this article shall file with the City Clerk a personal surety bond in the amount of $1,000 condi- tioned that the applicant shall comply fully I2n with all ordinances of the city and laws of the state regulating peddlers/solicitors, and guaranteeing to any resident of the city that all money paid as a down payment will be accounted for and applied according to the representations of the licensee. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given. (E) Sec. 26-20(c) is hereby deleted. (F) (1) Sec. 26-25(a) is hereby amended by deleting therefrom the $3.00 renewal fee and substituting therefor a fifteen dollar ($15.00) renewal fee. (2) Sec. 26-25(b) is hereby deleted. (G) Sec. 26-26(4) is hereby deleted. 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 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 V. 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 August, 1983. MOYN ATTEST:////l.�itir� 7i. %f'Q� CITY CLERK "=Ivad i ApPl� i� ilM Lpal Wpe" Mnl s 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 Vote for passage: Second consideration Vote for passage: Date published September 7. 1983 Moved by Lynda, seconded by Dickson, 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: Diclo_son, Balmer, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: Perret. 1 9 ') CITY OF CIVIC CENTER 410 E WASHINGTON ST STATE OF IOWA 619 R1i1.Ti IFLIKINiM OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3143 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of August , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 7th day of September , 1983 Dated at Iowa City, Iowa, this 19thday of October 1983 u� V2 li0 Ramona Parrott, Deputy City Cork I y� 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 paperet!�nQ time(s), on the fol- oYwl ing dat` 4 i I n Q Cashier Subscribed and sworn to before me thisQday of A. D. Notary Public No. OFFICIAL PUBLICATION ORDINANCE NO. Sha,13 AN ORDINANCE AMENDING CHAPTER 26 OF THE MUNICIPAL CODE of THE CITY OF IOWA CITY, IOWA,: BY DELETING CERTAIN PROVISIONS THEREFROM AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS. BE IT ORDAINED BY THE CITY OF 100 CITY, IOWA: SECTION 1. PURPOSE. The purpose of tris or finance s rev se the paddlers, solicitors and transient se rchants ordinance in order to simplify the administration thereof. SECTION fI. AMENDMENTS. (A)-(1) Sec. 26-1 is he v a --by deleting iron the definitions the definition of "transient merchant" (2) Sec. 26-1 is further amended by deleting therefrom the definitions of "peddler" and "solicitor" and inserting therefor the following definition " Peddler(Solicitcr is any persen whooes frau door-to-door and who carries in NJ= possession goods or rrchandise Mich he/she sells or offers for said with immediate delivery sum or who solicits by s of the sale or offer for sale of any goods or merchandise by. taking orders therefor with delivery at a future date." (3) By further deleting from Sec. 26-1 the definition of "person." - (B) BY deleting xhere�s all referanras to "transient eerchmn or the care 'yserchandlsing" Contained in Secs. 26- 2; 16,16; 26-17(c)(2); 26-17(p(3); 26-19; zs-m): C) (1) S.C. 26-17(b) is hereto anenaea by deleting the fee of three dollars ($3.00) and substituting therefor a fee of thirty dollars ($30.00) which shall cover the administrative costa of the clerk in procapssing the application. (2) Sec. 26- 17(c)(4) is hereby deleted. (0) Sec. 26-19 is amended by deleting Cherlfrgm the words An applicant" and substituting therefor the following: All self-employed persons or persons employed by n res, partnerships, associations, corporations, or organizations of any kind (except as stated Id -Section 26.26) and applying for a license under this article shall file with the City Clerk a personal surety bond in the mount of $1,000 Condi- tinned that the applicant knell comply fully with all ordinances of the city and laws of the state regulating peddlers/solicitors, and guaranteeing to any resident of the city that all money paid a, a down payment will be accounted for and applied on such bond may be brought by the Person aggriavaP and for Mose benefit, among others, the tamd is given. (E) Sec. 26-20(c) is hereby delated. (F) (1) Sac. 26-25(a) is herabY amended by deleting therefrom the $3.00 renewal fee and substituting therefor a fifteen dollar ($15.00) renewal fee. (2) Sec. 26-25(b) is hereby deleted. (G) Sec. 26-26(4) is hereby deleted. SECTION III REPEALER. All ordinances and parts 0 ordinances in conflict with the provision of this ordinance are 'hereby repealed. S CT70N I_ V. SEVER7 L1TY. If any merlon, . provision or part o the Ordiianu ,Mil he adjudged to M invalid or untonstitutioniil, such ajudication shall net affect the validity of the Ordinance as a whole or any section, provision or part thakmot not adjudged invalid or. unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance aha n e ec[ a ter is TI... passage, approvaland publication as requiredby law. Passed and approved them 30th day of August, 1983. ATTEST: 'gel Ohlli�addL 9339 Scotennber 7. 1983 ORDINANCE NO. 81=_U44 AN ORDINANCE VACATING A PORTION OF THE ALLEY RIGHT- OF-WAY RUNNING NORTH -SOUTH BETWEEN HARRISON STREET AND PRENTISS STREET AND ABUTTING THE EAST SIDE OF THE PROPERTY LOCATED AT 522 SOUTH DUBUQUE STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That a 40 foot segment of the north - south alley right-of-way between Harrison Street and Prentiss Street in Iowa City, Iowa, is hereby vacated for alley purposes, and that said portion of right-of-way is described as follows: Beginning at the northeast corner of Lot 6, Block 9, County Seat Addition, thence 40 feet, thence east 20 feet, thence north 40 feet, thence west 20 feet to the point of beginning. SECTION II. That a sanitary sewer and utility easement is maintained over the above-described right-of-way, said easement being for the purpose of excavating for and the installation, replacement, maintenance and use of said sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage and all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right-of- way, with the right of ingress and egress thereto, including all of the area described above. SECTION III. This ordinance shall be in full force and effect when published 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. 33 Passed and approved this 13th day of Septeirber, 1983. ATTEST: %%/,v�¢� 7Io CITY CLERK It was moved by Lynch , 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 MCDONALD X NEUHAUSER x PERRET First consideration 8/16/83 Vote for passage: Ayes: Lynch, Balmer, Dickson, Erdahl, McDonald, Neuhauser, Perr et. Nays: None. Second consideration 8/30/83 Vote for passage: Ayes: McDonald, Balmer, Dickson, Erdahl, Lynch, Neuhauser. Nays: None. Absent: Perret. Date published 9/21/83 Realved i Approved Gy the bpd Ge .n wdt 63y CITY OF CIVIC CENFER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ IOWA CITY, IOWA 52240 CITY (319) 356-5000 I, Ramona Parrott, 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. 83-3144 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1 th day of September , 19 $3 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 20th day of September , 19 83 Dated at Iowa City, Iowa, this 19thiay of October ,19 83 am na Parrott, Deputy City Clerk Printers fee $ 9 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 he was published in said Pape timelsl, on the fol- Iowi datelsl: "' <-, a0 e /993 Cashier Subscribed and sworn to before me thisCVda da of 69PtA. D. 19! ,^ V Notary Public No.' � t v2_ �N 1. _ OFFICIAL PUBLICATION OWIINRCE HE. 83-3144 AH ORDINANCE VACATIRG A PORTINt N THE ALLEY RIGHT- OF-WAY RUNNING WORTH' SOUTH BETWEEN HARRI SON STREET AN PRENTISS STREET ARO NUTTING THE EAT SIDE OF THE PROPERTY LOLATEo AT 522 SOUTH OUBUQUE STRCET. BE IT o IREO BY THE CITY COUIICIL By IOIM CITY, IOWA 'ACTIN% I. That a b foot setwent of the Mrth- aou,r_Mry right -of -.y Wt.. HarHson Street AN Prentiss Street in least City, laws, is horny asset" for alley Durpoaee, Ana that said Portion Of night -of -Way la deacri Ned .s follows: GeRinninB at the nortraast c r of tot B. Block 9, County Seat addition, thenca 40 feet, lMnce Rest 20 feet, trance north40 Net. thance at 20 feet to IN point of Mginnirp. N..I , wntal. over the aeove-M1Cnwp right -of -.y. said ...at Mop for the porpase of excavatiN for anal the installation, rep)«Ream, winterance RN ueof Laid saws, It... pipas, win, aandcdnduitsas LM City >MII f tiw to tiw elect for convey Lp sawge and all n«euary appliencee aN fittings far use in eneeiection with said pia Ilhes, together With s R,d,wEA protection therefore, and also a rigbt-of- ,q With the right of ingress woad egress thereto. IntlWinnpp it of The.eee de,cnded aoW.. lid% 111. This oral... shalt he in full force «T n pupli,Md by lw. YIM 1Y. REPCALCR. All ordi names and. parts of o TMnc4'i conriTct With the proviiii" of this DNiranca are hareby rspaaled. SICTIOR V. SEVERAL I LITY. If airy .«tion. prov • on�i� or ryrI T LM ordi "me trail he aRiudgad to M invalid or uncomi,itatioul, such .junkation shall Mt affectthe validity or the oNiname as a Hole or any section, provision or part I.Mrwf not Adjudged Iwalld or SE TIMttutiwwl. �SF TION V TIVE OttF. This OAdteence shall i< A r s nal wswR. *Provai aN pupal lcat eR 4a raRui red by IRW. '9l04 Septernter 20, 1963 ORDINANCE N0. 83-3145 ORDINANCE AMENDING THE ZONING ORDINANCE TO PERMIT ZERO LOT LINE DWELLINGS IN CERTAIN RESIDENTIAL ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the zoning ordinance to permit the construction of zero lot line dwellings in single-family, duplex, and low- density multi -family zones, under specified conditions. SECTION II. AMENDMENT. The Zoning Ordinance of the Code of Ordinances is hereby amended by the following: A. Section 8.10.3A of the Zoning Ordinance is hereby amended by adding the following definition: 26b. Dwelling - zero lot line. A single family dwelling with one wall located on a side lot line which is not a street or alley right-of-way line. B. Section 8.10.4 of the Zoning Ordinance is hereby amended by adding the following: RIC - Single Family Residence Zone C. The Zoning Ordinance is hereby amended by adding the following: 8.10.7.1. RIC Zone Use Regulations 1. Premises in the RIC Single Family Residence Zone shall be limited to the uses set forth in Section 8.10.7. 2. Duplexes. D. Section 8.10.19 of the Zoning Ordinance is hereby amended by adding the following: Zero lot line dwellings in RIC, R2 and R3 zones which meet the following specific conditions: 1. The minimum lot area shall not be less than 4,000 square feet in the RIC Zone nor less than 3,000 square feet in the R2 and R3 zones. 2. Where an abutting lot has been developed with a dwelling with a setback of more than 0 feet but less than 10 feet, the zero lot line dwelling shall be located such that there is a minimum of 10 feet between 136, Orc ice No. 83-3145 Pac unattached dwellings. An easement from the abutting lot owner shall be obtained to ensure that a 0 or 10 foot separation is retained. 3. No portion of a wall, roof, or appurtenance thereto on the zero side yard shall project over the lot line. Openings in the wall shall be prohibited. 4. Buildings shall be designed such that stormwater from roofs does not run directly onto abutting lots. 5. Legal provision shall be made for permanent access for the maintenance of the exterior portion of the proposed building wall located on the lot line and for other common elements such as aisles. A permanent ten foot maintenance easement to provide such access shall be secured prior to issuance of a building permit. 6. One side yard shall be at 0 feet and all other side yards at 10 feet. 7. The two required parking spaces may be provided in the front yard. 8. Each zero lot line dwelling shall be provided with separate building access and with separate utility service from the street or rear lot line. 9. All other requirements of the zone in which it is located shall be applicable. E. Section 8.10.22A.1 is hereby amended by substituting in lieu thereof the following: 1. In RIA, RIB, RIC, R2, R3, CO and CH Zones, said buildings shall not exceed two and one-half (2'2) stories and shall not exceed thirty-five (35) feet; except that a building on a lot in the CO or CH Zone within 45 feet of the side lot line of a lot with an existing residential building in an R Zone shall not exceed the height of said residential building. F. Section 8.10.23A is hereby amended by adding the following: One Front Yard Zone Havina a Deoth of l36 Orr'`--nce No. 83-3145 Pa RIC 20 feet Two Side Yards One Rear Yard Having a Width of Having a Depth of 5 feet 20 feet G. Section 8.10.24A. is hereby amended by adding the following: Frontage Lot Width Area in Zone in Feet in Feet Sq. Ft. RIC 25 45 4,000 Single Two Multi - Family Family Family 5,000 4,350 H. Section 8.10.26A.1 of the Zoning Ordinance is hereby amended by deleting said section and substituting in lieu thereof the following: 1. In the RIA, R1B, RIC and R2 Zones: (a) Private garages. (b) Home occupations. (c) Vegetable and flower gardens. (d) Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces, and similar uses customarily accessory to family uses, and fallout shelters or blast shelters. (e) Storage of wood, lumber and other material where the land occupied by such storage is confined to one location with a maximum area of one hundred (100) square feet; provided that there is at least eight (8) inches of free air space under such storage. (f) Keeping of small animals commonly housed in a dwelling but not for sale purposes; provided, however, that this shall not affect farms of more than three (3) acres where animals are housed in structured located more than fifty (50) feet from property lines. 137 Orc ice No. 83-3145 Pac I. Section 8.10.35.5 is hereby amended by adding RIC as follows: 8.10.35.5 RIA, R1B, RIC and R2 Zone 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. Passed and approved this 27th day of September, 1983. L. , ATTEST: b ,10 CITY lzscciv,ri iii cy Tial. Ierzi f;r ,.��to�ynt 133 Orrice No. 33-3145 Pay 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 Vote for passage: Second consideration Vote for passage: Date published 10/S/83 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 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, Brdahl, Lynch, McDonald, Neuhauser, Balmer. Nays: None. Absent: Perret. 139 CITY G1 CHIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWr, CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3145 which was passed by the City Council of Iowa City, Iowa, ata regular meeting held on the 27th day of September , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 5th day of October , 19 83 , Dated at Iowa City, Iowa, this 8th day of November , 19 83 RA NA PARROTT DEPUTY CITY CLERK Printers fee sry� 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. papef 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- Ion' ol- I ' g;da e,(s): ix– Cashier Subscribed and sworn to before me this day _ of MW A.D. 19� Notary Public No: /47—+ �(Oa 4; JULI SLAYtA.4.`:FR , OFFICIAL PUBLICATION ORDINANCE H0. 83-3145 ORDINANCE AMENDING THE ZONING ORDINANCE TO PERMIT ZERO LOT LINE DWELLINGS IN CERTAIN RESIDENTIAL ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this one want—les W rend the zoning ordinance W permit the construction of zero lot line Mllings in single-family, duplex, and low densitY melti-familY zones, under specified cowl tions. SECTION Imo{. The Zoning 7___ ohe-a tde of Ordinances Is hereby amended by the following: A. Section 8. 10.3A of lie Zoning Ordinance is hereby amended by adding the following definition: 26b. No 111 g - zero lot line. A single family dolling with one veli located on a sib lot line which ie not a street or alley right-of-way line. B. Section 8.10.4 of the Zoning Ordinance is hereby amended by adding the follwing: RIC - Single family Residence Zone C. The Zoning-grdinence is hereby amended by adding the 107loving: 8.10.7.1. RIC Zone Use Regulations 1. Preeises in the RIC Singie Family Residence Zone shall be limited to the uses set forth in Section 8.10.7. 2. Duplexes. D. Section a. 10. 19 of the Zoning Ordinance is hereby amended by 'adding the fol lwi ng: Zero lot line dwellings in RIC, R2 and R3 tones Mich meet the following specific conditions: 1. The minimum lot area shall rot be less than 4,000 square feet in the RIC Zone nor less than 3,000 square feet in the RZ and R3 zones. 2. Where an abutting lot has been developed with a dwelling with a setback of more than 0 feet hot less then 10 feet, the zero lot line dolling mall be located such that there is a minimum of 30 feet between unattached dwell Ings. An easement from the abutting lot owner shall be obtained to ensure that a 0 or 30 foot separation is retained. 3. No portion of a wall, roof, or VPYrteMMe thersto on the Zero side Yard shall project over the. lot line. Openings in the wall shall be prohibited. 4. Buildings shall be deslgwd such that stommate, from roofs does not run directly onto abutting lots. 5. Legal proOsion snail be made for Permanent accost, foiu tqe as i ntenanee of the exterior pbrtiodof time proposed Wildl ng wall- located on LM lot line and for other common elements such es aisles. A permanent ten foot maintenance easement W provide such access small ee secured prior to lasuanCe of a 1,040ing poral[. 6. One side year shall w, at 0 feet and all other vide yards at 10 feet1 -1. -. . IAl IHOIN ORO 6 owit ,IDS 040493 ON 1fYnd 0yw 'fyJOl JIJB 'e1co4 aim 'flout Maio :os04 1004 :MOI a Ileus Jol :MIA :law 144611 :sa14 swo:O oil. :dolt slow sell :myOol end dwra aAi4owo4no is :JapieM .epuos 4104 L UMD1 ,:I :JepulJ woe 4waq a8Jol 'Mau epull MON u Ass a1PosJ4 au04de1oj DJOW 411 sa GJID4o If 8 1041 :20411P dell} :yaw olpedopb :eJ04UOdaP JOMladdny wan :saJn4 "3 :sduaDl vomwp A, W 'JeAoldw3 A41un4Joddo lonb3 e3Nl 'la0dSNM muNH)S uolloDilddo uo e4e1dwoD A146no1o4i o4 peAodeld aq puo 'ewlt pe4OUBISOP e4{ -yo Altdwo3d tAodaJ esoeld ew-o y'B AegoUO 'ADPAnjas omol &jodUGADa lo,l NO 'APaB 44AON L999 'uul DpDwall t+D eq MAN eAµD11ueseadej V PJO"A A,Ojw 4uaae8. -xo AJohllep sou&sua:) ifs 1. ul' noq 3t 8C` um sue 9C a1-laddl4S Luo3aR e owolled -xe J4110,14 JONDJt laeslp PDOB-641-Jenp 10 sapw PeBBol OOO'pg wnwlulW e *Bo to sJoeA tt wnwlulW e savinbas BM e8oywd 41jouoq plod Auod.oa 6ulpuo4esn0 e 03u Dua4ulow Puts luousdlnb0 A4lono e quawAod eeoellw all. lad ,et 91111,1J101M rmeweeaaseJd !x K 6e- ORDINANCE NO. 83-3146 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED ON KESWICK DRIVE AND WESTGATE CIRCLE IN IOWA CITY, IOWA 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 R3 to R1B, and the boundaries of the R1B zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located on Keswick Drive and Westgate Circle and legally described as follows: Lots 22-23 and 64-71 of Westgate Addition to Iowa City, Iowa. 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. 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 27th day of September, 1983. " UlAAAM C. "liiIULW. UW AYOR ATTEST: CITY CLERK i yo It was moved McDonald and seconued 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 8/30/83 Vote for passage: Ayes: Dickson, Balmer, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: Perret. Second consideration 9/13/83 Vote for passage: Ayes: Erdahl, Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. Absent: Perret. Date published 10/5/83 Received &8 Approved BY he Legal D2panment 1W CITY C, 10Wh CITY CMC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3146 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of September , 19 83 , all as the same appears of record inmy office and published in the Iowa City Press -Citizen on the 5th day of October 19 83 Dated at Iowa City, Iowa, this 8th day of November , 19 83 . u x./ �a� RAMONA PARROTT DEPUTY CITY CLERK �7 Printers fee SI'z;A. 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- pape4 published in said county, and that a notice, a printed copy of which is hereto allgpched, was published in said paper 1!/.,1ntR time(s), on the fol- loyaity� Cashier Subscribed and sworn /ttoobbefore me this �t/ day of�at , riA.D. 19�� f il Notary Public INto./C��2_L316 JUU SLAV9A: E.4 _ 6 OFFICIAL PUBLICATION ORDINANCE NO. 83=_3146 ORDINANCE AMENDING 'THE ZONINGORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED ON KESNICK DRIVE AND WESTGATE CIRCLE IN IDNA CITY, INA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LONA CITY. IOWA: SECTION I. That the propertydescnoed below s reby eclassifito from its present classification of R3 to RIB, and the boundaries of the RIB zone as inokated upon the zoning map of the City of lwa City, IOWA, shall W enlarged W include the property located on Keswick Drive and Westgate Circle and legally described as follows. Lots 22-:3 and fN-71 of Westgate Addition to Iowa City, Iowa. SE1CTbON The Bui ldf ng Inspector Is ere y A,fi ori zed antl dlrectea to change the zoning map of the City of Iowa City, Iowa, to conform to this amenchment 'upon the final passage, approval and publication of this ordinance N provided by law. SECTION 11. The City Clerk is hereby auFfidrlzed end directed to certify a copy of this ordiMMe to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All Ordinances and parts oT orainances In ConflItt with the provision of this ordinance are Wreby repealed. SECTION V. BEVERAB ILITY. If any section, provis on or par 0? the ordinance IN 11 W adjudged to W invalid or unconatitutioMl, such ajedication shall Act affect the validity of the Ordinance as a whole or any section, prowision or part thereof not Adjudged invalid or unconstitutional. SECTIO X VI EFTECTIVE OATS. This Ordinance SM n e rf[C sitar lCi ,no, passage, approval IN ly.01katiore as rpuired by law. Passed and approved this 2-th cloy of SeptmlMr, 1983. Q MAYOR ATTEST: 1 611 ClenK- 9845 October 5, 1983 ORDINANCE NO. 83-3147 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF PRENTISS AND GILBERT STREETS. 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 R3A, and the boundaries of the R3A zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at the southwest quadrant of the intersection of Prentiss and Gilbert Streets and legally described below: Lots 3 and 4, Block 21, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof; and A11 of Lots 10, 11, 12, 13, 14, and 15, Block 6, Lyon's First Addition adjacent to and immediately west of the Gilbert Street right-of-way in Iowa City, Iowa; and A portion of Maiden Lane previously vacated and more particularly described as follows: Beginning at the Southeast Corner of Lot 4, Block 21 County Seat Addition to Zowa City, Iowa; Thence...NOO*12'59"E, (Assumed Bearing) 320.00 feet to the Northeast Corner of Lot 1, Block 21 County Seat Addition to Iowa. City, Iowa; Thence S89045'26"E, 50.00 feet on the South Right -of -Way line of -Prentiss Street; Thence S00*1215911W, 300.88 feet on the West line of Block 5, Lyon's First Addition to Iowa City, Iowa; Thence S35033'4911W, 23.43 feet on the Westerly Right -of -Way line of Gilbert Street; Thence N89°45'26"W, 36.44 feet on the North Right -of -Way line of Des Moines Street to the. Point of Beginning. Said tract of land containing 15,869 square feet and subject to easements and restrictions of record; and A portion of the Des Moines Street right-of-way adjacent to and west of the Gilbert Street right-of-way more particularly described as: Beginning at the Southeast Corner of Lot 4, Block 21, County Seat Addition to Iowa City, Iowa; Thence S89°45'26"E, (a recorded bearing) 36.44 feet, along the projection of the North line of the Des �Ua Moines Street Right -of -Way; Thence N35033'49"E, 23.43 feet, to a 5/8 inch iron pin found; Thence N35°42'53"E, 41.07 feet, to a 5/8 inch iron pin found on the Northwesterly Right -of - Way line of Gilbert Street; Thence S3500211911W, 24.63 feet along said Northwesterly line; Thence Southwesterly 80.06 feet, along said Northwesterly line, on a 989.93 foot radius curve concave Southeasterly, whose 80.04 foot chord bears S32143'18"W; Thence N82021'24"W, 213.00 feet along the toe of the existing slope; Thence NOO°12'59"E, 7.75 feet, to the Southwest corner of said Lot 4; Thence 589°45'26"E, 194.45 feet to the Point of Beginning. Said tract of land contains 4,935 square feet, more or less, and is subject to easements and restrictions of record. 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, 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 VI. 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 October, 1983. MAYOR ATTEST: Mr.A,,, i, -c) 4. �iaAieJ CLERK Received 1:, Approved Oy The Legal D parfinenf J=3 13 It was moved I„ Balmer , and sec -..--d 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 9/27/83 Vote for passage: Ayes: Lynch, McDonald, Neuhauser, Balmer, Dickson, Erdahl. Nays: None. Absent: Perret. Second consideration Vote for passage: Moved by Balmer, seconded by Perrot, 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 Date published October 11, 1983 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. rO CITY G= Iowh CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA 6*1 JOHNSON COUNTY CITY (319) 356-5000 I, Ramona Parrott, 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. 83-3147 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of October , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the lith day of October , 1983 Dated at Iowa City, Iowa, this 8th day of November 19 83 C =2 � tL RAhYONA PARROTT DEPUTY CITY CLERK ��77 --.� Q41 Printers fee �L_— 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- papei published in said county, and that a notice, a printed copy of which is' hereto aJ�jj.��Iche was published in said paper P time(s), on the fol- loyej�dat Cashier SubsccrribbeedJ and sworn to before me this �jLL' day of t�'A.D. 19�J. i Notary Public No.WE L�6fi (WFICIAL PUBLtGAIIQN ORDINANCE NO. Bb 117 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT THE SOUTHWEST QUADRANT Of THE INTERSECTION OF PRENTISS AND GILBERT STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IDWA CITY, IOWA: SECTION I. That the property described bell hereby reclassified from Its present classification of C2 to R3A, and the boundaries of the R3A zone as indicated upon the zopiug map of the City of Iowa City. Iowa, 45r&N b, enlarged to include- the property 1CFated at the southwest quadrant of the fn4easection of Prentiss and Gilbert Streets and legally described below. Lots 3 and 4, Block 21, County Seat Addition to Iowa -,City. Iowa, according to the recorded plat thereof; and All of Lots 10, 11, 12,13. 14, and 15, Blolk b, Lyon's first Additionpdjacent to and immediately west of the Gilbert Street right-of-way in Iowa City, tbwa; d A *y kion of Maidei�f,Wne previously and pa Ir icularly V d a6 fol Mss..9` Bea ng ng at vr,, .t farnme epi otT iacick 21 Bearing). 310.00 feet to th04 Kheast Corner pf Lot 1, Block 21 C�jnty Seat Additio@_ to Iowa City, Iowa; Thence S89'45'2 'E, BP. 00 feet on t6a �South. Rignt-OA' fine of'Prentis B.trout; There 500°12'64"Yy 300.88 fe the West Line Ofk-5. Lyon's first Addition [a S�ItA}"-fiYy, Iowa�T►ence 535°33'49"W. 23.43 feet on the Westerly R ight-of-Way -N Gilbert *10reet; Thence N89°45'1. 44 feet bA the North Right -of -Ma - iia* of Des Moines %Street to the Point.of Beginning. Said tract of land containing 15,86941quare feet and subject to easements and restrictions of record; and A portion of the Des !Mhos Street right-of-way adjacent to and west of the Gilbert Street right -of -Indy more particularly described as: Beginning at the Southeast Corner of lot 4, Block 21, County Seat Addition to Iowa City, i.,E:!A Thence S89°45'26"8, (a.•recorded bearing) 36.44 feet, along the projection of the North line of the Des Maines street Right -of -Way; Thence ,. N3!°33'49"E, 23.43 feet, to a 5/8 inch ITB pin found; 4Fmrce 1435o42'53"E, ..,.41,01 feet, to a 5/8 inch iron ' -pin foand on the Nortoww,terly Right--f- line of Gilbert Street;'7hence ;5"02'19"W, 24.63 feet along. said horthwe s terly line; Thence* Southwesterly 80.06 feet, along said _ hwesterly line f, no a 989.93 foot us curve cOneave Soatllpa;telly. 80.04 k -t cAord bears 43'18"W; Tnence-NW21'24"W. 00 feet alQq� the tap of the e ting slope;f`e}he"I NOD -12'59"E. 3.75 feet, to thPISOutbvest CgbHer of ,4jd Lot 4; Thence 589°45'26"E, ,}94.45 .,*et to the Point of Beg haling. Said ,,,Nact of land contains 4,935 square sheet, more QQi1't'•less and is subject to siaentsra�,►Af14Y'bY'htions of reword. ACT 11. 'r Bailding Inspector is ie y authorized'and `8irected to change the iOhtmp�lmp of time City of Iowa City'. Iowa, t0 codform to this amendment upmi the final pass... approval and publication of tris ardi a as prm idad by law. SECTI Ill. The City Clerk is hereby autho zed and directed tc certify a copy of this Ortlina nce to the County lbie, m of dohnsaa County, Iowa', on final passage and publ tion as providAl by law. SEC IVo REPEALER. ' All otdilanstai and P r n noes iii conflict with the pro' on of Chis aI% nonce are t hrthe r d. SECT V. SEVERABILITY If any o4tion, provr on or, part of the ordinance *hail be ir. j oil ged to be invalid or unc onstitutiona9, zh .ajudication shall not affect the 'IdAy of the Ordinance as a whole de coy .Lion, provl too or par, therrorf'hot -il°d edInv.lid pr a hours'tI lutionalf —TI VI .EFA CT IVE DATE. :y1iA1:. 'tlimaMe shat be in effect after its final s appnovai map publication as '.ifed by Taw. - Pa .-rd and apo,6,ed I I r,Jue of l AY ATTEST) TY LEAK 9625 Odobcr 11, 1983 ORDINANCE NO. 83-3148 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 522 SOUTH DUBUQUE STREET. 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 R38 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 522 South Dubuque Street, legally described below: The north 40 feet of Lot 6 in Block 9, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, according to the plat thereof recorded in Books 1 and 2, page 253, deed records of Johnson County, Iowa, and the south 40 feet of Lot 6 in Block 9, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof, except a right-of-way over the south 10 feet thereof. 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. 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 3rd day of October, 1983. / U<- YOR CITY CLERK Received & Approved By The Legal Depe q} �� 2.31 �v� It was moved Balmer , auo sec !d by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER �— DICKSON �- ERDAHL LYNCH MCDONALD X NEUHAUSER X PERRET First consideration 9/27/83 Vote for passage: Ayes: McDonald, Balmer, Dickson, Erdahl, Lynch, Neuhauser. Nays: None. Absent: Perret. Second consideration Vote for passage: 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. Date Published: October 11. 1983 CITY 0, = 10Wh CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, 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. 83-3148 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of October , 1983 , all as the same appears of record in my office and published 1n the Iowa City Press -Citizen on the llthday of October , 19 83 Dated at Iowa City, Iowa, this 8th day of November , 19 83 . L� C1_2 RA ONA PARROTT DEPUTY CITY CLERK Printers fee $/0� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- papei published in said county, and that a notice, a printed copy of which is hereto atyj��hed,, was published in said paper f2_ time(s), on the fol- iowg datylsl: Cashier Subscribed and sworn to before me _ this ` day of A. D. I9� Notary Public No. /��` &C;� o ` F JUu suTU"Elt OFFICIAL PUBLICATION ORDINANCE NO. qa�.,;a OROINANtE AMENDING THE ZONING ORDINANCE BY CHANGING YHP USE REGULATIONS Or CERTAIN PROPERTY tOCATED AT 522 SOI DUBUQUE STREET. BE 11 ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, SECTION I. That the p'r0perty described below s hereby. reclassified from its present classification of C2 to R38, and the boundaries of the R38 zone as indicated upon the zoning map of the City of Iowa City, Iowa. shall Be -enlarged CO include ,the property located at 512 South Dubuque Street. legally described below: The north 40 feet of Lot '6 in Block 9, in that paft of Iowa City, Iowa, known as the County Seat of Johnson County, acSQrding to the plat thereof reoorded in Books I and 2, page 253, dead records of Johnson County, Iowa, and thesouth 40 feet of Lot 6 in Block 9', i n'that part of Iowa City, kowa, known as the County Seat of Johnson County, Iowe,- according to the recmrdep plat thereof, except a rtght-of-way oear the south 30 feet thereof.. SECTION 11. The Butldinb' Inspectdr is re y a orized and directed fA change the zoning map of the City of Iowa City.. Iowa, to confo re to this anendaent upon the passage, approval .and publication of- this ordinance as provided by law. . SECTION 111. The City Clerk '$, hereby auth0rT 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 ofordinances in conflict with the Provision of this Ordinance are Hereby repealed. SECTION V. SEVERABILITY. If any section, prove t On Or par of e Ordinance shat I.b, adjudged to be Invalid or unconstitutional, such ajudication shall,.Oot affect the validity of the Ordinance as a whole or any section, provision Or- part thereof not adjudged invalid or unconstitutional. SECTION V1. EFFECTIVE DATE, This rdlnance s a in a [batter its final passage, approval aha put l icatiOn as required by law. passed and approved this 3rd Cctober;ggB3. c 11 n e (' 'U2IJAAlzna✓ Al' OR ATTEST:j'ha....ILERk ' � ITY 9948 October 11, 19a3 ORDINANCE NO. 83-3149 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT THE ENTIRE HIGHWAY COMMERCIAL (CH) ZONING DISTRICT LOCATED NORTH OF THE INTERSECTION OF FIRST AVENUE AND MUSCATINE AVENUE. 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 CH 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 the entire highway commercial (CH) zoning district located north of the intersection of First Avenue and Muscatine Avenue and legally described as follows: Beginning at a point at the SE corner of Lot 1, Block 6, East Iowa City, thence north to the SE corner of Lot 4, Block 5, East Iowa City, thence west 150 feet to the SW corner of Lot 4, Block 5, East Iowa City, thence north approximately 395.1 feet to the SW corner of Lot 4, Block 4, East Iowa City, thence east along the north bank of the South Branch of Ralston Creek to a point on the west line -of the NW h of Section 13, Township 79 North, Range 6 West of the 5th P.M: said point being approximately 900 feet north of the intersection of said west line with the north right-of-way line of Muscatine Avenue, thence N 53012' E, 293.5 feet to a point on a line bearing S 00°52' W, thence S 00°52' W, 648.3 feet, thence due west 12 feet to a point on a line bearing S 00°52' W, thence S 00°52' W, 285 feet, thence due west 295.3 feet to the point of beginning. SECTION II. The Buildfng Inspectoris 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. cv8 z 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 3rd day of October, 1983. is ill:: ATTEST: 4119ui# CL-66.vizir/ CITY I y9 2 It was moved Balmer , and sec -d by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: R BALMER X DICKSON X ERDAHL R LYNCH X MCDONALD X NEUHAUSER R PERRET First consideration 9/27/83 Vote for passage: Ayes: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Absent: Perret. Second consideration Vote for passage: 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 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. Date Published: October 11. 1983 e4 81 roved SY eV legal gl D peTirnenl /50 CITY G.= CIVIC CENFER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWr, CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3149 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of October , 1983 , all as the same appears of record in my office and pub fished in the Iowa City Press -Citizen on the 11th day of October , 1983 Dated at Iowa City, Iowa, this 8th day of November , 19 83 RAM NA PARROTT DEPUTY CITY CLERK I 2l Printers fee $10 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- pape4 published in said county, and that a notice, a printed copy of which is' heretowas published in said at he paper timels). on the fol- lowit)g�ate sl: , 9beforeme Subscribed / and sworn to this Ml gay of_�.%(,:�C= . A.D. 19-& Notary Public _/CP_,3/6C;) aUAt% JUU UAI� •T'i• OFFICIAL PUBLICATION ORDINANCE NO. 83-3149 ORDINANCE AMENDING THE'20NINI ORDINAMOV VY CHANGING THE USE REGULATIONS Of CERTAIN PROPERTY LOCATED AT THE ENTIRE HIGHWAY COMMERCIAL (CH) ZONING DISTRICT LOCATED NORTH OF THE INTERSECTION OF FIRST AVENUE AND MUSCATINE AVENUE. BE jjT ORDAINE164Y THE CITY COUNCIL OF THE CI LY Of IOWA CITY, IOWA: SECTION 1. That the property described belw is hereby reclassified fr. its pre;ent classification of CH to C2, and'the brLMries of the CZ tome as indicated upon thit"'hing map of the City of lova City Iowa, shall be enlarged to jjXpc10de thil prdpenty located 'at. N.he eno% highway to �' el (CH) zoning tlistri Etl locetstl nor the intersection of Fit Avenue an atine Avenue a5) legally described as '.howlbws' Blginning at a point at the,gE corner or- Lot 1, Block 6, East lova City, thence north to the SE corner OF Lot 4. Block 5, East Iowa City, thence west 150 feet to the SW corner o1 Lot 4, Block 5, logit Iowa City, thence north appro:inetey 395.1 feet to the SW corner of Lot 4, Block 4, East 'Iowa City, theme east along the north bank of the South Stanch of Ralston Creek to a point oilthegvest line of the NW is of Section 13, Township 79 Mki Range 6 Nest- of the Sp P.M. said point being ar imately 900 feet north of the 1; I jZltipn OF said west line with the 'Ilor+QN right-of-way line of Muscatine Avenue, thence N 53°12' E. 293.5 feet to a point on a line bearing 5 W 52' W, thence 5 0052' W, 6W.3 feet, thatlge due west 12 feet to a point on a link - bearing 5 OOa52' W, thence 5 00e6r§' W, 285 feet, thence due vest 295.3 feet to the point of beginning. SECTION iT. The Bo,%ding Inspector is j hereby 4ythori zMd an, directed to change the Honing slap oft Flty of Iowa City, lova, W conform to 91 amendment upon the final passaga, ,proval. and publication Of -this ord5 as provided by Is, 5ECTT 11 The City Clerk s hereby authorized am directed to certify a copy of , fv,.. ordinance to the County Recorder of Johnson County, Iowa, upon final passage and pub deatlon as provided by law. sfOrWIV. REPEALER. All ordinances and par s..of ordinances in conflict with the provision of this ordinance are hereby repealed SECTION V SEVERABILITY. If any section, provision—� Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall hot affect the validity of the Ordinance as a'Whele or, any section, provision or part thereof not adjudged fnvalid Or umdaostltutlpnal SFCTION VI. EFFECTIVE DATE. This Ordinance snail be In eif7efil after its final passage, approval and puolication ao required by law, passed and approved tns�.- c'_..77 ) L l:{t lilan u,n al✓ gYOR EI'I C.f Fk "'yw Oc 0Lar 11 Wet ORDINANCE NO. 83-3150 ORDINANCE APPROVING THE AMENDED FINAL PLANNED AREA DEVELOPMENT (PAD) PLAN FOR LOTS 122, 123, AND 124 OF COURT HILL/SCOTT BOULEVARD ADDITION, PART VII, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the amended final PAD plan for Lots 122, 123, and 124 of Court Hill/Scott Boulevard Addition, Part VII is hereby approved for the area legally described as: Lots 122, 123, and 124 of Court Hill/Scott Boulevard Addition, Part VII, as recorded in Book 19, at Page 36 of the Johnson County Recorder's Office, on October 11, 1979. Said lots containing 1.417 acres more or less, subject to easements and restrictions of record. SECTION II. That variances from the RIB zoning requirements approved as part of the PAD plan are as follows: 1. The 5 foot side yard required in an RIB zone is waived to allow construction of buildings on the three lot tract across interior lot lines. (This does not include the side yards required on the exterior lot lines.) 2. The provisions of the parking design standards restricting parking spaces and drives from the required 5 foot side yard area are waived to permit the extension of drives and parking across the interior lot lines of the three lot tract. SECTION III. This ordinance shall be in full force and effect when published 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. las Passed and approved this lith day of October,,1 �1983.� YOR ATTEST: l /IQ 31- 2� k. CITY CLERK �A� Received & Approved By Th-: Legal Department 15 ?" It was moved by McDonald , 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 xxxx Vote for passage: Second consideration Vote for passage: Date published October 19, 1983 Moved by McDonald, seconded by Dickson, 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: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. 1,53 CITY G1= CIVIC CENTER 41C E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY CITY IOWA CITY, IOWA 52240 (319) 356-50Cp I. Ramona Parrott, 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. 83-3150 which was passed by the City Council of Iowa City, Iowa, at aat a regular meeting held on the lith day of October , 19 83 , all as the same appears of record in my o fice and published in the Iowa City Press -Citizen on the 19th day of October , 19 83 19 83 Dated at Iowa City,, Iowa, this 8th day of November , RAONA PARROTT DEPUTY CITY CLERK Printers fee SJ1Lr 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- papef published in said county, and that a notice, a printed copy of which is' hereto at hed, was published in said paper time(s), on the fol - Ing date(s): Cashier Subscribed and sworn to before me this a—�day of A.D. 19 AGO. Notary Public [:No. tZ, roZ .FlU SIAYMNaER OFFICIAL PUBLICATION ORDINANCE NO. 83-3150 ORDINANCE APPROVING THE AMENDED 'FINAL PLANNED AREA DEVELOPMENT (PAD) PLAN FOR LOTS 122, 123, AND 124 OF COURT HILL/SCOTT BOULEVARD ADDITION, PART VII, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITU, IOWA_ SECTION 1. 2, 1 the and 124 final PAD plan o� 122, Add and 724 of Court Hill/Scott Boulevard Addife a Part VII is hereby approved .for.. the area —legally described as: Lots 122, 123, add 124Addition, of Court Nil,/Scott riled In Book 19,a Part VII, as recorded In Boat 1Re at Page Of of the Johnson County Recorder's Office, ai October dl, 1979. Said lots containing 1.417 acres more or to less, subject to easements and restrictions of record. SECTION IT. That variances from the RIBthe ADom l requrequirem foil approved as part of the PAD plan are as follows: 1. The 5 foot syard requires in an RIB zone is naives tooa allow construction of buildingson the three lot trapt across intereriororlot lot lines_ (This does tincluse the side yards required on the exterior lot nes.) 2. The provisions of the parking design standards restricting parking spaces drives from the required i foot side yard area are waived to permit the extension of Ines f Li parking across the interior lot Ill. of tng three lo[ tract. SECTION Ill. This ordinance nashall be in NoiTrce anand when T effect when published by 1". SECTION SECTION IV. REPEALER. All conflict with parts of ordinances in conflict v e h the provision of this ordinance are hereby repeld. SECTION V. SEVERABILITY. if any section, prov,s on pr part o the vagi or snail be unconstitutional, es to be invalid or not affect the validity such f the rdin shat l - rot affect the ston of the provision or as a whole or any section, provision or part unrest not adjudged invalid , or unconstitutional. SECTION VL EFFECTIVE DATE. This Ordinancems effect after its pas final passage, approval and publication as required by law. Passed and Approved this Ilth day of October, 1983. YVlAlAa \ x.� ATTEST: 10106 OrtobG-,R,4M ORDINANCE Nd. 83-3151 ORDINANCE AMENDING SECTION 8.10.35.6, R3, R3A AND R3B ZONE REGULATIONS OF THE ZONING ORDINANCE BY INSERTING RNC -20 INTO THE LIST OF ZONES. SECTION I. PURPOSE. The purpose of this ordinance is to amend the sign ordinance such that uses located in the residential neighborhood conservation (RNC) -20 zone are permitted the same signage as those uses permitted in the R3, R3A and R38 zones. SECTION II. AMENDMENT. Section 8.10.35.6 of the Zoning Ordinance of the Code of Ordinances is hereby amended by substituting the following title for the existing title: 8.10.35.6. R3, RNC -20, R3A and R3B Zone 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. Passed and approved this 11th day of October, 1983, p VVI �• YOR ATTEST: �i 7t/-&a,6 CLERK 1611 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 �— DICKSON —3i— ERDAHL LYNCH —3� MCDONALD X NEUHAUSER X PERRET First consideration xxxx Vote for passage: Second consideration Vote for passage: M Date published October 19, 1983 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 2..tved & Approved be voted upon for final passage at 6y The Le9a1 Departme14 this time. , 8 8 Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. /,0' CITY 0, 10W/i-CITY CHIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500C) STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3151 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of October , 1983 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 19th day of October , 19 83 . Dated at Iowa City, Iowa, this 8th day of November , 19 83 . &c� i' a4 SW. RAND NA PARROTT DEPUTY CITY CLERK A Printers fees 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- pape4 published in said county, and that a notice, a printed copy of which is' heretoaty�ched was published in said paper =7 timelsl, on the fo- Cashier Subscribed and sworn to before me this Cac5"day of S GSA, A. D. 19� if e-3 Notary Public No. L. 8E=�pKER OFFICIAL PUBLICATION ORDINANCE NO. 83-3151 ORDINANCE MENDING SECTION 8.10.35.6, R3, R3A AND PJ8 ZONE REGULATIONS OF THE ZONING OROI NANCE Of IWRTING RNC -20 INTO THE LIST OF ZONES. SECTION I. PURPOSE. The purpose of Anis and Randa I a to the sign oNinince such that u ses located in the reaiontial neighborhood conservation (RNC) -20 tone,ere pemitted the save sig��e as Chase pses Penitted in the R3, Q sfq:R38 x=. SECTION II.NIENONEEt_,",.SRXtjon 8.10.35.6 T? the Zoning r at. the Code of Ordinances is herebjramoh"Oy substituting the follodng title,fpr,%S.ttl sting title: 8.10.35.6. R3,\pC, R3A and R38 zone RRgyiitions. SECTION II1. REPEALER. All ordinances and par spars owes tn,tonflict with the provision of this ordinance are hereby >Ln to Is xvtWI If any section, prov s on or pa o, ,Jtrd inane shall he adjW d to be Iwal� nstitutional, such ajudication:- El }l t affect the validity of t*. a whole or any section, pro y, ''thereof not adjudged inva ional. SECTION V. EE - _ :.�ljsis Ordinance 'aDe n e Hnal passage, approval and pubh{�tUse asjrdpuired by lar. Passed and aP0rdV*d'VVfs 11th day of October, 1983. hip C? CLERK Ir 10103 ocia er:19, 1%3. ORDINANCE NO. 83-3152 AN ORDINANCE VACATING DES MOINES STREET RIGHT-OF-WAY BETWEEN GILBERT STREET AND LINN STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the right-of-way in Iowa City, Iowa, known as Des Moines street and legally described as: Beginning at the southeast corner of Lot 4, Block 21, County Seat Addition to Iowa City, Iowa; thence S 89°45'26" E, (a recorded bearing) 36.44 feet, along the projection of the north line of the Des Moines Street right-of-way; thence N 35°33149" E, 23.43 feet, to a 5/8 inch iron pin found; thence N 35042153" E, 41.07 feet, to a 5/8 inch iron pin found on the northwesterly right-of-way line of Gilbert Street; thence S 35°02'19" W, 24.63 feet along said northwesterly line; thence south- westerly 80.06 feet, along said north- westerly line, on a 989.93 foot radius curve' concave southeasterly, whose 80.04 foot chord bears S 32°43'18" W; thence N 82°21'24" W, 213.00 feet along the toe of the existing slope; thence N 00012159" E, 7.75 feet, to the southwest corner of said Lot 4; thence S 89045'26" E, 194.45 feet to the point of beginning. Said tract of land contains 4,935 square feet, more or less, and is subject to easements and restrictions of record; is hereby vacated for street purposes. SECTION II. That a utility easement 25 feet in width is hereby retained, whose westerly boundary begins at the southeast corner of Lot 4 of Block 21, County Seat Addition, and proceeds 5 00'12'59" W to a point on the southerly boundary of the vacated right-of- way (which bears N 82°21'24" W) as described in Section I above. SECTION III. That an access easement 15 feet in width at its widest point is hereby retained whose southern boundary is coincident with the southerly boundary of the vacated right-of-way (which bears N82°21'24" W) and which easement runs the full length of said vacated right-of-way and tapers to a width of 7.75 feet at the IS& Ordinance No. 83-3152 Page 2 western boundary of said described right-of- way. SECTION IV. This ordinance shall be in full force and effect when published by law. Passed and approved this 11th day of October, 1981., , ,, UM ATTEST /,j, �i�INfff�CITY CLERK iteeeived & ApProved By le8al Dent , a v57 Or nce No. 83-3152 Pay. 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 �— DICKSON ERDAHL LYNCH -X- MCDONALD X NEUHAUSER X PERRET First consideration 9/13/83 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: Perret. Second consideration 9/27/83 Vote for passage: Ayes: a er, ickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: Perret. Date published October 19, 1983 15e, CITY G= CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/- C ITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3152 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of October , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 19th day of October , 1983 Dated at Iowa City, Iowa, this 8th day of November 19 83 . 1 �D� ce5 RAM NA PARROTT DEPUTY CITY CLERK Printers fee $ AJ 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- pap4 published in said county, and that a notice. a printed copy of which is' hereto att ed was published in said paper timelsl. on the fol- Cashier Subscribed and sworn to before me this cX��, I—day of -0 , A.D. 19 SZJ rN,Notary Public wtyMAltER OFFICIAL PUBLICATION ORDINANCE NO. 83-3152 AN ORDINANCE VACATING DES MOINES STREET RIGHT-OF-WAY BETWEEN GILBERT STREET AND LINN STREET. BE IT ORDAINED By THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the right -of -ray in Iowa ty, owa, kewn as Des bines street and legally described as: Beginning at the southeast corner of Lot 4, Block 21, County Seat Addition to Iowa City, Iowa; thence 5 89°45126" E, (a recorded bearing) 36.44 feet, along the projection of the north line of the pass Noinms Street right-of-way; theme N 35°33'49" E, 23.43 feet, to a 5/8 inch iron pin found; thence N 35042'53" E, 41.07 feet, to a 5/8 inch Kiran pin fount on the northwesterly right-of-way line of Gilbert Street; thence S 35°02'19" W, 24.63 feet along said northwesterly line; thence south- westerly 80.36 feet, along said north- westerly line, on a 989.93 foot radius curve concave southeasterly, whose 80.04 foot chord bears S 32°43118N W; theme N 82°21'24" W, 213.00 feet along the toe of the existing slope; theme N 00°12'59" E, 7.75 feet, to the southwest corner of said Lot 4; theme 5 89°45'26" E, 194.45 feet to the point of beginning. Said tract of land contains 4,935 square feet, Nor, or less, and is subject to easeeents and restrictions of record; is hereby vacated for street purposes. SECTION II. That a utility easeneit 25 feet niwidtFis hereby retained, whose westerly boundary begins at the southeast corner 9f Lot 4 of Block 21, County Seat Additiorv, and proceeds S 00°12'59" W to a point on the southerly boundary of the vacated right-of- way (which bears N 82°21'24" W),as described in Section I above. SECTION III. That an access easeeent 15 ase nn wn th at its widest point is hereby retained whose southern boundary is coincident with the southerly boundary of the vacated right-of-way (which bears N82°21'24" W) and which easenent runs the full length of said vacated ight-of-vay and tapers to a width of 7.75 feet at the western boundary of said described right-of- way. SECTION Iv. mis ordinance shell be in full to a a"Tef fact when published * law. passed and approved this IltIi day of October, 11,988.. �(7"?t_VTim C ATTEST: _ �•�•,�i � C7TLERK 10103 October 19, 1983 ORDINANCE NO.83-3153 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend Chapter 25 to prohibit parking vehicles in City parks during closed hours, to authorize the Director of Parks and Recreation to designate streets and parking areas in city parks and to place signs marking same, and to make vehicle owners prima facie responsible for parking violations in the city parks. SECTION II. AMENDMENT. Chapter 25 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended as follows: a) Section 25-1(15) is hereby repealed and in its place is substituted the following new Section 25-1(15): Sec. 25-1. Prohibited actions in parks and playgrounds. No person shall, in any park and playground within the city: (15) Be in any park or playground, whether on foot or in a vehicle, or permit any vehicle to remain parked in any park or playground between the hours of 10:30 p.m. and 6:00 a.m. unless granted special authorization by the City of Iowa City, Iowa. However, from April 15 to October 31, the hours shall be from 11:00 p.m. to 6:00 a.m. in City Park and Mercer Park. b) Section 25-2 is hereby repealed and in its place is substituted the following new Section 25-2: Section 25-2. Traffic regulations. (a) The Director of Parks and Recreation is hereby authorized and required to designate streets and driveways for use within the parks and playgrounds and to place signs marking the same. The Director of Parks and Recreation is also hereby authorized and required to designate parking areas for the parks and playgrounds and to place signs designating areas in which parking is permitted and prohibited. 1-0 (b) The Director of Parks and Recreation shall notify the City Council in writing of the placement and location of such designation and installation of signs. Upon such notification, the City Council may amend by resolution such action. c) A new Section 25-5 is added as follows: Section 25-5. Owner prima facie responsible for violations. If any vehicle is found stopped, standing or parking in any manner violative of the provisions of this Chapter and the identity of the operator cannot be determined, the owner or person or corporation in whose name such vehicle is registered shall be held prima facie responsible for such violation. 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 11th day of October, 1983. YOR ATTEST: -A-. iCOJ /L� CITY CLERK gViceived & Approv" d gY Tho ? e,�l Dfe a�tof 166 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: X BALMER X DICKSON X ERDAHL X LYNCH X MCDONALD X NEUHAUSER X PERRET First consideration 9/27/83 Vote for passage: Ayes: Lynch, McDonald, Neuhauser, Balmer, Dickson, Erdahl. Nays: None. Absent: Perret. Second consideration X)LKC Vote for passage: Date published October 19, 1983 Moved by Lynch, seconded by Perrot, 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 aid vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None CITY G.= 10WL, CITY CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3153 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of October , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 19th day of October , 19 83 Dated at Iowa City, Iowa, this 8th day of November , 19 83 RA NA PARROTT DEPUTY CITY CLERK V 112 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- papeF published in said county, and that a notice, a printed copy of which is' hereto a he was published in said paper time(s). on the fol- igwy{tg dot IsQ l:, `p &zf3 dr Cashier Subscribed and sworn to before me this Cbe ' day ofAci� , A.D. 19�L� No. Notary Public OFFICIAL PUB -.—...5N ORDINANCE NO.84Jj153 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF IDWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ord nonce s -to amend Chapter 25 to prohibit 'parking vehicles in City parks during closed Hours, to authorize the Director of Parks. and Recreation to designate streets and parking areas in city parks and t0 place signs marking same, and to make vehicle - owners prima facie responsible for parking violations in the city parks. - SECTION II. AMENDMENT. Chapter 15 of the Co e�_07_rdTMnces of the City of Iowa City, Iowa, is hereby 'amended as follows: a) Section 25-1(15) is hereby repealed. and in its place is substituted the following new Section 25-1(15): Sec. 25-1. Prohibited actions in parks and playgrounds. No person shall, in any park and playground within the city: (15) Be in any park or Playground. whether On foot Or in a vehicle, Or permit any vehicle to remain parked in any park or playground between the hours of 10:30 P.M. and 6:00 a.m. unless granted speeia��AW thorization by the City of lows ,E.ttl, Iowa. However, from Aprif 15 to October 31, the hours shall be from 11:00 p.m. to 6:00 a. m. in City Park am Mercer Park. b) Section 25-2 is hereby repealed and in its place is substituted the following new Section 25-9:4, Section... ,4�-2. Traffic regulations. i+ (a) The-DtriNcter of Parks and Recreation is,. bareW authorized and required to desig4te streets and driveways for us* MlgNld'the parks and playgrounds amid bil$04ce signs marking the sane. Tha-DUMNAor of Parks and Recreation it'TTtWWNPeby authorized and required 'fq."y�pi ggnate parking areas for thN'padAti''Jild playgrounds and to place.tignn-: basigoating areas in which pakiliy It permitted and prohibited. (b) The Director of Parks and Recreation shall Notify the City Council in writttlg'of the placement and location of such designation and installation of',signs. Upon such notification, the :City Council may amend by resolutiod ouch action. c) A new Section 25'5 is added as follows: Section 25-5.�-Owner prima facie responsible for violations. If any vehicle is found stopped, standing or parking in any manner ° violative of the ,provisions of this Chapter and the identity of the operator cannot be determined, the owner or person or corporation in whose name such vehicle is registered shall he held prima facie responsible for such violation. SECTION 111. REPEALER. All ordinances an par s of ordinances in conflict with the :provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, prOv sloi— n or I) oVytne If 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 11th day Of October, 1993.�.� . VI/la°iz iz �1z zY.iJ,u1l.� Y ATT€SL:.,^ 10104 October 19, 1983 ORDINANCE NO. 83-3154 AN ORDINANCE TO AMEND CHAPTER 31 TO PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE LICENSED AND FOR ELIMINATION OF SUCH SIGNS BY JUNE 30, 2003. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to regulate free standing or monument signs currently located on public property, to provide for the elimination of such signs, and to prohibit the erection of additional signs on public property. SECTION II. AMENDMENT. Chapter 31 of the Code of Ordinances, relating to streets, sidewalks and public places, is hereby amended by adding the following new Article VII - RIGHT-OF-WAY SIGN PERMITS: Section 31-145. FINDINGS AND PURPOSE A. The Sign Regulations of Iowa City provide a comprehensive regulatory scheme for signs on private property in the City. However, numerous signs have been found to be located in or upon the public streets, roadways, sidewalks or other public property throughout the city. B. It is intent of this article, in order to promote the health, safety, and general welfare of the population, that no new signs be placed in or upon public property, and that free standing and monument signs currently located in or upon public property shall be eliminated and removed on or before July 1, 2003. Section 31-146 Definitions. A. "Free standing sign" shall mean a permanent sign which is supported by one or more up -rights or braces in or upon the ground and not attached to any building or wall. B. "Monument sign" shall mean a sign affixed to a structure, built on a grade, in which the sign and the structure are an integral part of one another. C. "Public property" shall mean the streets, sidewalks, roadways, or other property owned by and located within the City of Iowa City. 1ba Ordinance No. 83-3154 Page 2 D. "Public right-of-way sign" shall mean a free standing or monument sign located in, upon, or above public property. E. "Sign" shall mean any structure, including but not limited to, a device or display, other than a building or landscaping, used primarily for visual communication for the purpose of, or having the result of, bringing the subject thereto to the attention of a person, group of persons, or the public generally. The term sign includes, but is not limited to, any and all reading matter, letters, numerals, pictorial representation, emblems, trademarks, inscriptions, and patterns, whether affixed to a building, painted, or otherwise depicted on a building, or separate from any building. F. "Sign regulations" shall mean Sections 8.10.35.1 through 8.10.35.24 of the Zoning Code - Appendix A of the Iowa City Code of Ordinances. Section 31-147. Permits Required. It shall be unlawful for any person, firm, or corporation to use any portion of public property for any public right-of-way sign without having first obtained a public right-of-way sign permit therefor. Section 31-148. Application - Generally. A. A verified application for a permit required by this article, containing the information required in this article, shall be filed with the City Manager or his/her designee by any person, firm, or corporation desiring to continue to use public property for a sign. The application shall be filed by the person, firm, or corporation owning such sign. B. Applications for the original issuance of a public right-of-way sign permit shall be filed within sixty (60) days of the effective date of this ordinance, and renewal applications shall be filed at least forty-five (45) days in advance of the expiration date of a permit. The application shall be in such number of copies and in such form as may be prescribed by the City Manager or his/her designee, and shall be accompanied by the required fee and evidence of the required liability 10 Ordinance No. 83-3154 Page 3 insurance. A separate application shall be filed for each sign. Section 31-149. Signs - Contents. A. The application form for a public right-of-way sign permit shall, in addition to other information the City Manager or his/her designee shall deem necessary, contain the following information: (1) Name and address of the applicant. (2) A detailed description of the sign for which a permit is requested, together with photographs showing all sides of the sign. (3) The exact location of the sign, including a scaled plot plan showing the location of the sign. Renewal applications may incorpo- rate by reference the plot plan accompanying the original application. (4) The name, address, and general description of the business to which the sign relates, and the name(s) and address(es) of the owners of such business. (5) The name or names and address(es) of the owner or owners of the property abutting the public property in, upon or over which the sign is located. (6) A statement that the applicant shall indemnify, defend and hold harmless the City from and against all claims for damages which in any way relate to or arise from the use or location of the sign to which the application relates. B. The application shall be accompanied by a policy, or other evidence acceptable to the City Manager or his/her designee, of liability insurance purchased by the applicant for the protection of the public, which policy shall name the City as an additional insured and shall indemnify and save harmless the City in such amount or amounts as the City Council may set from time to time, by resolution. C. The application shall be signed by the applicants, the owner or owners of the property abutting the public property in, upon, or over which the sign is located, and the owner or owners of the business to which the sign relates. 1 hY Ordinance No. Rz_-4ISQ Page 4 Section 31-150. Fees. The Council shall, by resolution, set the amount of the fees to be submitted with the permit applications. Section 31-151. Council Action. It shall be the responsibility of applicants to obtain and submit to the City Manager or his/her designee complete application forms, with required signatures, fees and attach- ments. The City Manager of his/her designee shall promptly submit only complete applications to the Council. The Council will normally consider such applications only at regularly scheduled formal meetings. Section 31-152. Nature and Scope of Permit. A. A right-of-way sign permit shall be a purely personal privilege and shall be revocable for cause. It shall not constitute property, nor be subject to attachment and execution, nor be alienable or assignable. The license or permit shall only relate to the sign for which it is issued, as evidenced by the configuration and location shown in the application therefor. B. No sign for which a permit is issued hereunder may be altered in any way without the consent of the City Council, and no such'sign may be moved on the public right-of-way. Section 31-153. Term of Permit. All right-of-way sign permits, unless sooner revoked or surrendered, shall expire one year from the date of issuance, except that no permit shall extend beyond June 30, 2003. Section 31-154. Denial or Revocation of Permit -Grounds, Effect. A right-of-way sign permit may be denied or revoked, following notice and hearing, for any of the following reasons: (1) The sign was not in place prior to July 1, 1983. (2) Alteration of the sign without prior consent of the City Council. (3) Moving the sign within the public right-of-way. (4) Misrepresentation of any material fact in the application for the permit, or any renewal thereof. (b5 Ordinance No. R3-3lS¢ Page 5 (5) Any sale, hypothecation, or transfer of the permit. (6) The sale or transfer of the sign, or the business or property to which the sign relates, without the new owner, transferree or assignee obtaining a permit for such sign. (7) If the sign causes any obstruction to the public's use of the right- of-way in or upon which the sign is located, or is a traffic hazard, as such term is defined in the sign regulations. (8) The alteration, repair, removal, painting or conversion of a sign by one not holding a valid sign erector's license, or without having obtained a permit as required in Section 31-157.A. Section 31-155. Effect of Denial or Revoca- tion of Permit. If a permit for a right-of-way sign is either denied or revoked, the owner of such sign shall have thirty (30) days from the' date of the Council action denying or revoking such permit within which to remove such sign from the public right-of-way. If such sign is not removed within such thirty (30) day period, the City may remove such sign and assess the cost against the owner of the abutting property. Section 31-156. Appeal and Hearing. The right to a hearing before the City Council shall be afforded to a right-of-way sign permit applicant whose application is denied, or a permittee whose permit is revoked. Any such applicant or permittee who feels aggrieved by a decision denying or revoking a right-of-way sign permit may, within ten (10) days of such decision, request, and shall be granted, a public hearing which shall be conducted in the manner provided in Article IX of Chapter 2 of the City Code of Ordinances. Section 35-157. Applicability of Sign Regulations. A. It shall be unlawful for any person, firm, or corporation to alter, repair, move, improve, remove, paint or convert any right-of-way sign without having (66 Ordinance No. 83-3154 Page 6 first obtained (1) the license and permits required for such actions under the sign regulations, and (2) City Council consent for any alteration or conversion of such sign. B. Right-of-way signs permitted hereunder shall be considered as part of the permitted signage under the sign regulations. Section 31-158. Expiration of Article, Removal of Sign. (a) The terms and conditions of this Article, and all rights granted hereunder for signs in, upon or over public property, shall automatically expire on June 30, 2003. (b) On or before June 30, 2003, all signs for which permits are issued hereunder shall be removed from public property. Any such sign which has not been removed by that date may be removed by the City, and the cost of such removal shall be assessed against the owner. 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 11th day of October, 1983.nA f r 0 AYOR ATTEST: }%j� ,J,, ) -k'. 72ko M CITY CLERK IL-7 Or ince No. 83-3154 Pa 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 )OM Vote for passage: Second consideration xxxx Vote for passage: Date published October 19, 1983 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 suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. "Ayes: Dickson, Balmer, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. (�3 -3,yPrinters fee $ 7 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- papef 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 g datelsl: Cashier Subscribed'' and swornto before me this C2 day of Sd�. A.D. IL3 `�—Notary Public No.1l�0� CITY 01 10Wh CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3154 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of October , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 19th day of October , 19 83 . Dated at Iowa City, Iowa, this 8th day of November , 19 83 . RAMONA PARROTT DEPUTY CITY CLERK ORDINANCE NO. 83.3155 AN ORDINANCE VACATING PART OF DUBUQUE STREET IN THE URBAN RENEWAL AREA OF IOWA CITY, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to vacate that portion of Dubuque Street which is to be. included within the Urban Renewal hotel project. SECTION II. VACATION. The following described portion of Dubuque Street in Iowa City, Iowa, is hereby vacated: All that part of Dubuque Street, lying between Blocks 82 and 64, Original Town, Iowa City, Iowa, and lying South of the South right-of-way line of College Street and lying Northerly of the following -described line: Beginning at the Southeast corner of Lot 1, Block 82, said Original Town; thence South 89°58'12" East 34.36 feet along the Southerly line of said Lot 1 extended Easterly to a point (this is an assumed bearing for purposes of this description only); thence South 45°04'10" East 64.54 feet to a point of intersection with the Westerly line of Lot 5, Block 64, said Original Town. 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 17th day of October, 198 MAYOR pro tem ATTEST: 4n� CITY CLE K 169 It was moved by McDonald , and seconded by Lynch that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER DICKSON ERDAHL LYNCH �— MCDONALD �— NEUHAUSER �- PERREI First consideration xxxx Vote for passage: Second consideration X)= Vote for passage: Date published October 21, 1983 Moved by McDonald, seconded by Dickson, 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, Balmer, Dickson, Erdahl, McDonald, Ferret. Nays: None. Absent: Neuhauser. RAceivedR ApprpVq 17o CITY G= CIVIC CENTER 410 E. WASHINGTON ST STATE Of IOWA M JOHNSON COUNTY OWE CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3155 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of October , 1983 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 21st day of October , 1983 Dated at Iowa City, Iowa, this 8th day of November , 19 83 RAM NA PARROTT DEPUTY CITY CLERK Printer's fee $ L CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN I. — - Bronwyn S. Van Fossen, bein.- Elul, sworn, sav that I am the cashier of the IOWA CITY PRESS -CITIZEN, a netts paper published in said county'. and that a notice. a printed copy of which is hereto attached, was published in said paper OT`iwe— -- timelsl. on the fol- lowing datelsl: C� f 5+ i 148 7:� Cashier Subscribed and sworn to before nle this C)J-' day of _ 0-(!J_ - . A.D. 19 CXZ) � Notary Public No. P�vm OFFICIAL PUBLICATION ORDINANCE NO. 833155 AN ORDINANCEVACATING PART OF DUBUQUE STREET IN THE URBAN RENEWAL AREA OF IOWA CITY, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .IOWA CITY, IOWA: SECTION L PURPOSE. Tpe pu, rdlnance s to vacate tpat.. _ Dubuque Street which is to w-1 within the Urban Reneval hotel project. SECTION li. VACATION. The fall awing descr. a port ono Dubuque Street in Iowa City, oma, is hereby vacated: 1 that part of Dubuque Street, lying reen gBlocks 82 and 64. Original Mm, Iowa City. Iowa, and lying South of the South right-of-way line of College Street and lying Northerly of 'the .following -described line: Beginning at,the Southeast corner of Lot '1, Block 82, said Original Town; (pence Aoutb 89°88'12" East 34.36 feet *ng the Southerly line of said Lot 1 eietended Easterly to a point (this is an assumed bearing for purposes of this description only); thence South 45004'10" East 64.54 feet to a point of intersection with the Westerly line Of . Lot 5, Block 64, said Original Town. SECTION III. EPEPLEA. All ordinances and parts of ord nances 'in conflict with the provision of this ordinance are .hereby -repealed. - - SECTION IV. SEVERABILITY. If any section, provision or part the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudicationshall not affect the we Lidety of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional SECTION V. EFFECTIVE DATE. This OrQ sha e n e ect a Ler its find) pal approval and publication as-requiretl-0yta M. Oct Pgj;eed and approved this 17th day of ' MAYUKMAYO ProUcT ATTEST: 4--T4CL2--. 1 10193 October 21, 1983 ORDINANCE NO. 83-3156 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY TO CHANGE SPEED LIMITS ON PARTS OF HIGHWAY 1. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to amend Section 23-189 of the municipal code of Iowa City to reflect changes in the speed limit of Iowa Highway 1 as determined by engineering studies conducted by the Iowa Department of Transportation. SECTION II. AMENDMENT. Section 23-189 is hereby deleted and the following is adopted in lieu thereof: Sec. 23-189. Exceptions to speed limits. Upon the basis of an engineering and traffic investigation, the following maximum speed lmits are hereby determined and declared reasonable on the following streets or portions of streets, when signs are erected giving notice thereof. Benton Street 35 From the intersec- tion of Keswisk Drive to the intersection of Mormon Trek. Dubuque Street 35 From a point just northbound north of the intersection with Kimball Road north to the city limits. Dubuque Street 35 From a point eight southbound hundred (800) feet north of the intersection of Foster Drive to a point three hundred (300) feet north of the intersection of Park Road. Dubuque Street 45 From the city southbound limits south to a point eight hundred (800) feet north of the intersection of Foster Drive. 171 Ordinance NC 3-3156 Page 2 First Avenue 25 From the inter- section of Bradford Drive south to the intersection of U.S. Highway 6. Gilbert Street 30 From the inter- section of Burlington to the intersection of Highway 6. Gilbert Street 25 From the inter- section with Highway 6 to a point two thousand one hundred (2,100) feet south of said intersection. Gilbert Street 35 From a point two thousand one hundred (2,100) feet south of the intersection with Highway 6 to a point three thousand nine hundred (3,900) feet south from said intersection. Iowa Highway 1 55 From the city limits east to a point eight hundred (800) feet west of the intersection of Miller Avenue. Iowa Highway 1 45 From a point eight hundred (800) feet west of the inter- section of Miller Avenue to a point five hundred (500) feet east of Hudson Avenue. �7� Ordinance No -3156 Page 3 Iowa Highway 1 30 From a point five hundred (500) feet east of Hudson Avenue to the intersection of U.S. Highway 6, 218 and Highway 1. Iowa Highway 1 25 From its inter - (Burlington St.) section with High- ways 218 and 6 to a point 150 feet east of Van Buren Street. Iowa Highway 1 45 From the inter- section of N. Dubuque Road to a point six hundred (600) feet south of the city limits. Iowa Highway 1 55 From a point six hundred (600) feet south of the city limits to the city limits. Melrose Avenue 35 From the inter- section of Emerald Street to a point four thousand five hundred (4,500) feet east of the city limits. Melrose Avenue 50 From a point four thousand five hundred (4,500) feet east of the city limits to the city limits. Mormon Trek 35 From the inter- section of Melrose Avenue to the city limits. Muscatine Avenue 35 From a point one hundred (100) feet east of the inter- section with Juniper Drive to the city limits. 173 Ordinance N( 3-3156 Page 4 Park Road 25 From the inter- section with Rocky Shore Drive east to the intersection with North Dubuque Street. Rochester Avenue 35 From the inter- section with First Avenue east to the city limits. U.S. Highway 6 55 From the city limits to a point one hundred (100) feet east of Industrial Park Road. U.S. Highway 6 45 From a point one hundred (100) feet east of Industrial Park Road to a point seven hundred (700) feet east of the intersections of U.S. Highway 6, U.S. Highway 218 and Iowa Highway 1. U.S. Highway 6 30 From a point seven hundred (700) feet east of the inter- section of U.S. Highways 6, 218 and Iowa Highway 1 west and north to a point one thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive. U.S. Highway 6 35 From a point one thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive, west to the city limits. Icy Ordinance N 3-3156 Page 5 U.S. Highway 218 50 From the south city limits to a point one thousand six hundred (1,600) feet north of the south city limits. U.S. Highway 218 45 From a point one thousand six hundred (1,600) feet north of the south city limits to a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1. U.S. Highway 218 30 From a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1. 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 25th day of October, 1983. ATTEST: / IIn A, n _ i 4" CITY CLERK Received a Approved By Th , Legal De a of 1-75 It was moved by Lynch , and seconded by Balmer , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER DICKSON —� ERDAHL LYNCH T- MCDONALD X NEUHAUSER X PERRET First consideration 9/27/83 Vote for passage:Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Balmer. Nays: None. Absent: Perret. Second consideration 10/11/83 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Date published 11/2/83 CITY C IOWE CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3156 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of October , 19 83 , all as the same appears of record in my office and pub fished in the Iowa City Press -Citizen on the 2nd day of November , 19 83 Dated at Iowa City, Iowa, this 30th day of November 19 8-' , `'RA ONA PARROTT DEPUTY CITY CL RK Printers fee S Q.._ , a ) CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County.ss: THE IOWA CITY PRESS -CITIZEN 1. Bronwyn S. Can Fossen. being duly, sworn, sav 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 - loµ els): r in Cashier Subscribed and sworn to before me this %Y_ day ofQStC_ _ . A.D. yX3 Notary Public No. /30/5r OFFICIAL PUBLICATION ORDINANCE NO. 83-315h AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY TO CHANGE SPEED LIMITS ON PARTS OF HIGHWAY 1. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this or inanc�nd Section 23-189 of the municipal code of Iowa City to reflect changes to the speed limit of Iowa Highway I as determined by engineering studies conducted by the Iowa Department of Transportation. SECTION 16NEW Section 23-189 is he re y e e e following is adopted In lieu thereof: Sec. 23-189.'Exceptions to speed limits. Upon the basis of an engineering and traffic investigation, the following maximum Mphad omits are hereby determined and decl"'Iteeionable on the following streets or portions of streets, when signs are erected giving notice thereof. Benton Street 35 From the intersec- tion of Keswisk Drive to the intersection of Norman Trek. Dubuque Street 35 From a point just northbound north of the intersection with Kimball Road north to the city limits. Dubuoue Street 35 southbound Dubuque Street 45 50u thboind First Avenue 25 <l F dd Gilbert Street p so Gilbert Street 25 Sibert Street 35 Iowa Highway 1 55 Iowa Highway 1 45 Iowa Highway 1 OFFICIAL PUBLICATION Melrose Avenue 35 From the inter- section of Emerald Street to a point four thousand five hundred (4,500) feet east of the City limits. Melrose Avenue 50 From a Point four thousand five hundred (4,500) feet east of the city limits to the city limits. Mormon Trek 35 From the inter- section of Melrose Aventh to the city limi te. Muscatine Avenue 35 From /point one hundred (100) feet east of the inter- section with Juniper Drive to the pity limits. Park Road 25 From th4 inter- section with Rocky Shore Drive east to'the intersection with North Dubuque Street. Rochester Avenue 35 From the inter - sec ti" with First Avenue east to the city limits. U.S. Highway 6 55 From the city From a point eight limits to a point hundred (800) feet one hundred (100) north of the feet east of intersection of Industrial Park Foster Drive to a fid' point three hundred U.S. Highway 6 (300) feet north of the intersection of Park Road. From the city limits south to a point eight hundred (800) feet north of the intersection of Foster Drive. From the inter- section of Bradford Drive south to the intersection of U.S. Highway 6. From the inter- section of Burlington to the intersection of Highway 6. From the inter- section with Highway 6 to a point two thousand one hundred (2,100) feet south of said intersection. irm a point two thousand one hundred (2.100) feet south of the intersection with Highway 6 to a point three thousand nine hundred (3.900) feet south from said intersection. From the city 1lmi is east to a point eight hundred (800) feet west of the intersection of Miller Avenue. From a poiit bight hundred (800) feet wast of the inter- section of MiI ler Avenue to a Point five NO ndred (500) feet east of Hudson Avenue. 30 From a point five hundred (500) feet east of Hudson Avenue to the intersection of U.S. Highway 6,. 218 and Highway 1. Iowa Highway 1 25 From its inter - (Burlington St.) seci 218 with High- ways and 6 a a point 150 feet east of Van Buren Street. 45 From a point one hundred (100) feet east of Industrial Park Road to a point seven hundred (700) feet east of the intersections of U.S. Highway 6, U.S. Nig hay 218 and love Highway 1. U.S. Highway 6 30 From a point seven hundred (700) feet east of the inter- section of U.S. Highways 6, 218 and Iowa Highway 1 Wrest and north to a point one thousand one hundred fifty (1,150) feet west of theAntersection With R(yerside Drivei U.S. Highway 6 35 From,:a point one thousandone hundred fifty (1.1,50) feet west of the intersection with Riverside Drive, west to the city limits. U.S. Highway 218 50 From the south city limits to a point one thousand 'St. hundred (1,600) feet north of the south city limits. U.S. Highway 218 45 From a point one thousand six. hundred (1,600) feet north Of the south city limits to a point eight hundred (800) feet South of the intersection with U.S. Highway 6 and Iowa Highway 1. U.S. Hig nway 218 30 From a point eight hundred (800) feet south of the intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1. SECTION III. REPEALER. All ordinances and parts o or nances n conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, ,.Mfm ons on o��Orainance snail 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 ORDINANCE NO. 83-3158 ORDINANCE AMENDING THE ZONING ORDINANCE TO REGULATE THE NUMBER OF ROOMERS IN RESIDENTIAL ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY. IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to regulate the number of roomers per dwelling unit in single-family, duplex and multi -family residential zones. SECTION 2. AMENDMENTS. The Zoning Ordinance of the Code of Ordinances is hereby amended by the following: A. Section 8.10.7A.1 is hereby amended by substituting in lieu thereof the following: 1. Single family dwellings. One roomer may reside in a single family dwelling, provided that one (1) additional, off-street parking space per roomer shall be furnished. Nonconforming uses (two- family and multi -family dwelling units) shall be permitted one (1) roomer per dwelling unit. For those dwellings in which the number of roomers exceeds the number permitted above, the provisions herein shall become applicable one (1) year after the effective date of this ordinance. B. Section 8.10.8, is hereby amended by substituting in lieu thereof the following: 1. The uses set forth in 8.10.7 provided that in single family dwellings no more than three (3) roomers may reside in each dwelling and one (1) additional off-street parking space per roomer shall be furnished. 2. Two-family dwellings. Two roomers per dwelling unit may reside in a two-family dwelling, provided that one (1) additional off-street parking space per roomer shall be furnished. Nonconforming uses (multi- family units) shall be permitted I Rn Ordinance No. 83-3158 Page 2 two (2) roomers per dwelling unit. For those dwellings in which the number of roomers exceeds the number permitted above, the provisions herein shall become applicable one (1) year after the effective date of this ordinance. C. Sections 8.10.8.1.A, B & C are hereby amended by substituting in lieu thereof the following: A. The uses set forth in 8.10.7 provided that in single family dwellings no more than three (3) roomers may reside in each dwelling and one (1) additional off-street parking space per roomer shall be furnished. B. The uses set forth in 8.10.8 provided that in two-family dwellings no more than three (3) roomers may reside in each dwelling and one (1) additional off-street parking space per roomer shall be furnished. C. Multiple dwelling. Three (3) roomers per dwelling unit are permitted. One (1) additional off-street parking space per roomer shall be furnished for any single and two family dwelling units. D. Section 8.10.8.2.C.2 is hereby amended by substituting in lieu thereof the following: (2) Dwellings with a maximum of three (3) roomers in eaEh dwelling unit provided that for single and two family dwellings additional off- street parking spaces shall be furnished at the ratio of one- half (31) space per roomer. 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. Ordinance No. 83-3158 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 22nd day of November, 198833. E�pkt�IM C. JJLU. � 1�_�'�.• �/ Vyl MAYOR ATTEST: ka4'e' i % -"e. I CITY CLERK It was moved by Perret , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: R BALMER X DICKSON �— ERDAHL X LYNCH X MCDONALD X NEUHAUSER X PERRET First consideration 10/25/83 Vote for passage: Ayes: Lynch, Balmer, Dickson, McDonald, Perret. Nays: Erdahl. Absent: Neuhauser. Second consideration 11/7/83 Vote for passage: Ayes: Balmer, Dickson, McDonald, Neuhauser, Perret. Nays: Erdahl. Absent: Lynch. Date published 11/30/83 !s. XW. 7 Q Ae.w......J BY The L`saI Dana:i,r.�.zt 12Q CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-500D . I, Ramona Parrott, 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. 83-3158 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 30th day of November , 19 83 . Dated at Iowa City, Iowa, this 13th day of December ,19 83 . Ramona Parrott, 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 the ,s published in said paper watimels), on the fol - lo w�ng cj�telsl ^ /9 L4 aq� Cashier Subscribed and sworn to before me rthis _L day of d?TCe , A.D. 19.�'3. 0.�t_J ,I jlpNotary Public No.ra • v�rJO rI�YI1tTItlOf OFFICIAL FUSMATIOK IINRNOE aO. 83.3158 ORDINANL.._,,,EIING THE ZONING REGULATE TWE N1NIRER OF RESIDENTIAL ZONES. BE IT ORDAINED BY THE CITY C01 CITY. IOWA. SECTION 1. PURPOSE. The purpose s or in`an`e s to regulate the at roomers per dwelling unit in sing ly, duplex and multi-fmi ly resicienti e. SECTION 2. MIENOWENTS. The sag IrdlnanAe o the ode of is A. S ction 8 10 the following: A. Section substituting 10.7A.1 is eu t +df by fllowingin lieu thm,MOt tha following: 1. Single family dalliM,u One roomer may reside in single family dwellinO. D that one (1) additional.,] street parking space per roamer *hall be famrly and multi -fame ring units) shall be poll 0 one (1) roomer per dwelling uni For those dwellings in Mich the number ofroamers exceeds the number'. prmitted above, the provisloNd4k herein 'shall become applicably. One (1) - year after the effects date of this ordinance. B. Section 8.10.8, is hereby Mby substituting In lieu th-rcr the fall ng: yy 1. The uses set forth inrklO.7 provided that in single. family dwellings no more than tl(Me (3) reome" Fey "side 1# 040 d*I l Ing and ores (1) additional off-street parking spat* per roomer shall be furnished, 2. Two-family dwellings. - Two roomers per dwelling alit may "side in a two-family dwelling, provided that one (1) additional off-street parking space per roomer shall be furnished'. Nonconforming uses (melti- iU family units) shall be permitted i two (2) roomers per dwelling unit. For those dwellings in which the number Of rowers exceeds the number permitted above, the provisions herein shall become applicable one (1) year after the effective date of this ordinance. C. — ^ in a l a B * C are hereby Nn{aoedo whoaMe fnNm n Zen., W'd 00:S4 or >i39W333(l — 31Va ONISO13 auawy-Jodaa s,}}!j04S wsu 40r 844 to paulol LU uo!l!sod a4l 6ulpj06aj U! puo SLtluo} uo!lo�!!ddy (o!dwa papa/ojd a-I!nJaS I!M: , sl!laueq put) Ajo1oS anlpo ,Nb . 93!nJas )o jaajo� 1104:) o s alio 4�lgm uoly!sod b st 'OL aaawa�3a Wjegs Alndap to 4l.Io} sluo�!!ddo }o 6u!asal l-inpuoD 111muo!ss!ulluo AlD AlunoD' uos, , aU� j _ - ZOIA T3M�MY .► { � �: ORDINANCE NO. 83-3159 AN ORDINANCE TO AMEND CHAPTER 11 TO CLARIFY THE REQUIREMENTS FOR OBTAINING A MASTER ELECTRICIAN'S LICENSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to clarify the provisions of Section 11-41 of the City Code of Ordinances relating to requirements for obtaining a master electrician's license. SECTION II. AMENDMENT. Section 11-41 of the Code of Ordinances, relating to electri- cian's licenses, is hereby deleted and the following new Section 11-41 is added to the Code: 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 from the City. Holders of master electrician's licenses granted by the City prior to passage of this code shall be issued a new license without taking the examination provided. An applicant for an Iowa City master electrician's license must demonstrate to the Board's reasonable satisfaction that he/she possesses one of the following qualifications: (i) That he/she has been the holder of an unexpired Iowa City journey- man's license for one year or more; or (ii) That he/she is the holder of an unexpired journeyman's license from another jurisdiction, which license was obtained more than one year prior to the application date upon successful completion of a written journeyman electrician's examination comparable to that of Iowa City and which was administered by such jurisdiction; or (iii) That he/she is the holder of a valid master electrician's license obtained upon successful completion of a master electrician's license examination comparable to that of Iowa City and which was administered by another jurisdiction. I �3 Ordinance No. 83-3159 Page 2 Either a licensed master or journeyman electrician shall be on the job at all times while electrical work is in progress. 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. 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 22nd day of November, 19^83,x. ii //�� - /A I OAAa \ 1/1ItA1A:l,P�A. Pd MAYOR y ATTEST: �)- CITY CLERK �""� LC 3,i171e771 1 Sy Or( ice No. 83-3159 Pa( 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 10/25/83 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. Absent: Neuhauser. Second consideration 11/7/83 Vote for passage: Ayes: Balmer, Dickson, Erdahl, McDonald, Neuhauser, Perret. Nays: None. Absent: Lynch. Date published 11/30/83 195- CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3159 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 30th day of November , 19 83 . Dated at Iowa City, Iowa, this 13thday of December ,19 83 Ramona Parrott, Deputy City Clerk Printers fee 82� c/ 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 heretoatyyg�had, was published in said paper S �time(s), on the fol- lowingdate( r�>. /9 R3 Cashier rthis—Y d and sworn to before me day off A. D. 19 2l3 Notary Public No. ! 31Sp OFFICIAL R ICATI_ ORD_ INAWA 1 ."y"' AN ORDINANCE TO AMEND CHAPTER 11 T0,JWIfY THE REQUIREMENTS FOR OBTA1 It TER ELECTRICIAN'S LICENSE. •}1#L BE IT ORDAINED BY THE CITY s TME CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The Purpose- Of this ordinanrf, is to Clarify the provisjpns of Section 11-41 of the City Code of Or6Thbnces relating to requirements for obtaining a master electrician's license. SECTION 13. AMENDMENT. Section X11-41 of the Cade of rdinances, relating to electri- cian's licenses, is hereby deleted and the follorirg nft Section 11-41 is added to the Code: 11-41. Required License With the tr No person shall install, alter. FFintafn or repair any electrical oipment unless such person shall have rst obtained a master electrician's „cense from the City. Molders of ter electrician's licenses granted the City prior to passage of this c0a shall be issuetl a'n" license 4t taking the examination prilded. '-, An applicant for an. Idiom City IAAter' el actri-Ian's linanea a'uxs. 3,s isns1 83HSIMS f'30HONoa 31A1 Iglsuodsei ION 3los eq IIIM elDS IIJOI D gounl 0%0 ' )INVHA )esiyJanpD IOU sway! IIOws s' s141 — 31ON 3SV31d dogs w AUDLU put) VUeJm ivao appDl dais :sleslgp poo. .oeq muo/ uosugor :Mo$ wo Je6no ,p,91 qn1 gloq a uaslolgo !swoJq 'sisod poaq Ipwpul. Jo} puols elppos sI>ois :epolq Iaaw S IapDlq ,gE 'MDS uOW z '6 IDs DOE i e -g -S1 'slono l33SIW I :sew, olgnop :ayoA aloeu poo. plo `.old Osoiod I6e" poom Mol :04DJ Dolq loaw :-ol 'oolJeioM pow Josow sop JapuoM uo Jex1W 4uewe3 p10 i nww C2nha.4laea dJA01d Wa AL £86L'L AjunO:) l -qo eq Ao uol4ouuo} ,uqw, e6cMaod 6LI16Ue cot uoi�isod a :)lpoljad o 931A.19S 1! a a I d MCC li ' pun ownsai o J 1.j Wl. ,_a_,."• . 1 AN ORDINANCE REPEALING THE ZONING ORDINANCE AND ADOPTING A NEW ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA SECTION I. PURPOSE. the purpose of this ordinance is to repeal the Zoning Ordi- nance and replace with a new revised Zoning Ordinance. SECTION II. AMENDMENTS. The Iowa City Code of ordinances is hereby amended as follows: A. Appendix A of the Iowa City Code of Ordinances, entitled Zoning, is hereby repealed in its entirety. B. A new Chapter 36 of the Iowa City Code of Ordinances, entitled Zoning, is hereby adopted. Said Chapter 36 is attached hereto and included herein by reference. 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 Ordi- nance 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 V. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 20th day of December, 1983. ATTEST: -"K CITY CLERK IX It was moved by Lynch , 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— MCDONALD NEUHAUSER --� PERRET First consideration 12/6/83 Vote for passage: Ayes: Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret. Nays: None. Absent: Erdahl. Second consideration 12/12/83 Vote for passage: Ayes: Perret, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Nays: None. Absent: Balmer. Date published December 30, 1983 a POP DeP' INDEX ARTICLE I. GENERAL Purpose--------------------------------------------------- p. 1 Name---------------------------- == 1 Definitions ----------------------------------------------- p. 2 ARTICLE II. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES Interim Development Zone(ID)----------------------------- p. 20 Rural Residential Zone(RR-1)----------------------------- p. 23 Low Density Single Family Residential Zone (RS -5) --------- p. 25 Medium Density Single Family Residential Zone (RS -8) ------ p. 27 Manufactured Housing Residential Zone (RMH)--------------- p. 30 High Density Single Family Residential Zone (RS -12) ------- p. 32 Low Density Multi -Family Residential Zone (RM -12) --------- p. 34 Medium Density Multi -Family Residential Zone (RM -20) ------ p. 37 Neighborhood Conservation Residential Zone (RNC -20) ------- p. 40 High Density Multi -Family Residential Zone (RM -44) -------- p. 43 High Rise Pilti-Family Residential Zone (RM -145)----------p, 46 Commercial Office Zone(CO-1)----------------------------- p. 49 Neighborhood Commercial Zone (CN -1) ----------------------- p. 52 Community Commercial Zone(CC-2)-------------------------- p. 54 Central Business Service Zone (CB -2) ---------------------- p. 57 Central Business Zone(CB-10)----------------------------- p. 59 Highway Commercial Zone(CH-1)---------------------------- p. 62 Intensive Commercial Zone(CI-1)-------------------------- p. 64 Office and Research Park Zone (ORP) -----------------------p, 67 General Industrial Zone(I-1)----------------------------- p. 69 Heavy Industrial Zone(I-2)----- ---------------------------p. 72 Public Zone(P)------------------------------------------- p. 74 DIVISION 2. OVERLAY ZONES Flood hazard overlay zones -------------------------------- p. 76 Floodplain Overlay Zone(OFP)-------------------------- p. 80 Floodway Overlay Zone(OFW)---------------------------- p. 82 Airport overlay zones ------------------------------------- p. 87 Horizontal Overlay Zone(OH)--------------------------- p. 88 Conical Overlay Zone(OC)------------------------------ p. 89 Approach Overlay Zone(OA)----------------------------- p. 89 Clear Overlay Zone (OCL) ------------------------------- p. 90 Transitional Overlay Zone (OT) ------------------------- p. 91 River Corridor Overlay Zone(ORC)------------------------- p. 94 Planned Development Housing Overlay Zone (OPD -H) ---------- p. 98 Historic Preservation Overlay Zone (OHP) ------------------ p.;02 DIVISION 3. ADDITIONAL REGULATIONS Airports, heliports and helistops------------------------- p. 106 Cemeteriesand mausoleums ---------------------------------p, 106 Child care facilities ------------------------------------p. 106 Clubs----------------------------------------------------- p. 107 Drive-in theaters ----------------------------------------- p. 107 Dwellings, zero lot line and townhouse -------------------- p. 107 Elderly housing ------------------------------------------- p. 108 Extraction------------------------------------------------ p. 109 Funeral homes ---------------------------------------------- p. 109 IN Junkyards ------------------------------------------------ p. 109 Kennels and veterinary establishments --------------------- p. 110 Nursing homes --------------------------------------------- p. 110 Religious institutions ------------------------------------ p. 110 Stables--------------------------------------------------- p. 111 ARTICLE III. ACCESSORY USES AND REQUIREMENTS Permitted accessory uses and buildings -------------------- p. 112 Accessory use and building regulations -------------------- p. 114 Off-street parking requirements --------------------------- p. 116 Off-street loading requirements --------------------------- p. 129 Sign regulations ------------------------------------------ p. 130 Fence and hedge requirements ------------------------------ p. 153 ARTICLE IV. GENERAL PROVISIONS DIVISION 1. DIMENSIONAL REQUIREMENTS General yard requirements --------------------------------- p. 155 Permitted obstructions in yards --------------------------- p. 156 Requirements and exceptions for established setbacks ------p. 157 Height exceptions ----------------------------------------- p. 158 DIVISION 2. TREE REGULATIONS Trees adjacent to and within street rights-of-way --------- p. 160 Trees on private property for parking areas --------------- p. 162 DIVISION 3. PERFORMANCE STANDARDS Smoke----------------------------------------------------- p. 166 Particulate matter ---------------------------------------- p. 166 Toxic matter ---------------------------------------------- p. 167 Odor------------------------------------------------------ p. 167 Vibration------------------------------------------------- p. 167 Glare----------------------------------------------------- p. 168 Sewage wastes --------------------------------------------- p. 168 Storage--------------------------------------------------- p. 169 Screening ------------------------------------------------- p. 169 DIVISION 4. NONCONFORMITIES Nonconforming uses---------- — ----------------------------p. 173 Nonconformingstructures ---------------------------------- p. 173 Nonconforming lots of record ------------------------------ p. 174 DIVISION 5. IMPLEMENTATION Enforcement ----------------------------------------------- p. 175 Building and occupancy certificates ----------------------- p. 175 Rules of construction for boundaries of zones ------------- p. 175 Amendment of ordinance ------------------------------------ p. 176 Violations------------------------------------------------ p. 178 Annexation ------------------------------------------------ p. 178 DIVISION 6. APPEALS Board of Adjustment --------------------------------------- p. 180 CHAPTER 36 ZONING ARTICLE I. GENERAL Sec. 36-1. Purpose. The purpose of this Chapter shall be to promote the public health, safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen congestion in the streets; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage disposal, schools, parks, and other public requirements. Sec. 36-2. Name. This Chapter shall be known and may be cited and referred to as the City of Iowa City "Zoning Chapter" or "Zoning Ordinance." Sec. 36-3. General effect of this chapter. Except as otherwise provided in this Chapter, the use of premises and structures in the City shall be in accordance with the minimum standards hereinafter established. (a) No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the zone in which the structure is located. (b) No use shall be established nor shall any structure be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations for the zone in which the use or structure is located. (c) No structure shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the yard regula- tions for the zone in which the building is located. (d) No use shall be established or enlarged nor shall any structure be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the off-street parking regulations for the zone in which the use or structure is located. (e) The yards, parking spaces, or lot area required for one structure or use under this Chapter cannot be used to meet the requirements for another structure or use. (f) Every use hereafter established or structure erected or structurally altered shall be located on a lot as herein defined, and the number of uses and structures permitted on a lot shall be as follows: 7n 2 (1) In the RS zones there shall not be more than one (1) principal use or building on a lot. There may, however, be more than one (1) accessory use or structure on a lot. (2) In all other zones, there may be more than one (1) principal use, building, and accessory use and structure on a lot. (g) No use which is permitted as a special exception under this Chapter shall be established or enlarged except as permitted by the Board of Adjustment. Sec. 36-4. Definitions. The following definitions shall be applicable to this Chapter unless a contrary meaning is indicated by the text. Words in the present tense include the future tense. The singular number includes the plural and the plural number includes the singular. The word "shall" is always mandatory, the word "may" is permissive. Terms not defined shall have the meanings customarily assigned to them as defined in Webster's New Collegiate Dictionary. Uses not defined or listed shall have the meanings as defined in or categorized according to the Standard Industrial 'Classification (SIC) Manual, Superintendent of Documents, U.S. Government Printing Office. (a) (1) Abut/abutting. Contiguous; having a boundary, wall or property line in common. (2) Access. The place, means or way by which pedestrians or ve- hicles shall have ingress and egress to a property or parking area. _ (3) Accessory building/use. A building or use which: (a) is subordinate to and serves a principal building or use; (b) is subordinate in area, extent, or purpose to the principal building or use served; (c) contributes to the comfort, convenience, or necessity of occupants of the principal building or use; and (d) except for off-street parking as provided in Sec. 36-58(d), is located on the same lot as or across a street, alley or railroad right-of-way from the principal use. (4) Addition. An extension or increase in floor area or height of a building or structure. (5) Aged. Any person who is eligible because of age to receive old age insurance benefits under Section 202A, Title II of the Social Security Act (see Social Security Act and Related Laws, April 1982 edition). (6) Aisle. An asphalt, concrete or similar permanent dust -free surface which is connected directly to a parking or loading space and designed to permit ingress or egress of a vehicle to or from the parking or loading space. (In no case can an aisle be a drive - see definition for "drive.") R 3 (7) Alley. An opened public way which is intended only for use as a secondary means of vehicular access to abutting property. (8) Alter/alteration. A structural alteration, enlargement or remodeling of a building, or the moving of a building from one location to another. (9) Apartment house. See "Dwelling, multi -family." (10) Assessed value. The value of real property as established by the City Assessor, or by a higher authority upon appeal, and is the value upon which the next fiscal year's real estate taxes are based. (11) Auto and truck oriented use. Any use intended or designed to provide a service to occupants while they are within a motor vehicle, such as drive-in financial institutions; any use related to the sale, servicing or repair of vehicles, such as but not limited to car washes, automobile service stations and garages, and automobile accessory sales; and uses catering to the convenience of drivers of motor vehicles, such as but not limited to convenience groceries not more than 4,000 square feet, drive-in restaurants, service shops, dry cleaning centers and photodeveloping drop centers. (b) (1) Balcony. A covered or uncovered platform area projecting from the wall of a building, enclosed by a railing, accessible from above grade, and not attached to the ground. (2) Basement. A portion of a building located partially under- ground, but having three -and -one-half (3k) feet or more of its floor -to -ceiling height above grade. A basement is counted as a story for the purpose of height and yard regulations. (3) Board of Adjustment. An administrative hearing board created by Chapter 414 of the Code of Iowa which is authorized to hear appeals from decisions of the City Manager or his/her designee, or by decisions of the Zoning Code Interpretation Panel or of the City Manager when the Panel cannot reach a decision and to grant variances and special exceptions. (4) Boarding house. A residential building where, in addition to lodging, meals are provided for tenants but not for the public. (5) Build. To construct, assemble, erect, convert, enlarge, reconstruct, or structurally alter a building or structure. (6) Buildable area. The area remaining on a lot after the minimum open -space requirement for yards has been met. (7) Building. Any structure having a roof and designed or intended for the support, enclosure, shelter or protection of persons, animals, or property. Ha 4 (8) Building, detached. A building which is not connected to another building. (9) Building area. See "ground area." (10) Building coverage. The amount of land covered or permitted to be covered by a building or buildings, usually measured in terms of percentage of a lot. (11) Building height. The vertical distance from the grade to the roof line. (12) Building line. The front yard line. (13) Building Official. The City employee designated to enforce this Chapter. (14) Building permit. Official certification that a proposed improvement complies with the provisions of this chapter and such other ordinances as may be applicable. Such a permit is required for new construction and for alteration or additions to existing structures prior to commencement of construction. (15) Business service establishments. An establishment primarily engaged in rendering services to business establishments on a fee or contract basis. Such establishments include but are not limited to the following: advertising agencies; consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies; mailing reproduction, commercial art and -photography, and stenographic services; services to dwellings and other buildings; news syndicates; personnel supply services; computer and data processing services; research and development laboratories; management, consulting and public relations services; detective agencies and protective services; equipment rental and leasing services; photofinishing laboratories; and other establishments primarily engaged in furnishing business services such as bondsmen, bottle exchanges, drafting service, interior designing, notary publics, packaging and labeling service, telephone message service, water softening service, and auctioneering service on a commission or fee basis (see major group 73 of the Standard Industrial Classification Manual). (c) (1) Cellar. A portion of a building located partially or wholly underground and having less than three -and -one-half (3k) feet of its floor -to -ceiling height above grade. A cellar is not counted as a story for the purpose of height and yard regulations. (2) Certificate of occupancy. Official certification that a premises conforms to provisions of this Chapter and such other ordinances as may be applicable and may be used or occupied. Such a certificate is granted upon completion of new construc- tion or for alteration or additions to existing structures. Vq 3 3 (4) Feedlot. A lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term does not include areas which are used for the raising of crops or other vegetation and upon which livestock are allowed to graze or feed. (5) Filling station. Any building or premises used for the dispensing or retail sale of motor vehicle fuel or oil. When the dispensing or sale is incidental to the operation of a commercial garage, the premises shall be classified as a commercial garage. (6) Financial institution. An establishment for the receiving, keeping, lending of money, and the exchange of funds by checks or notes, including banks, savings and loans, credit unions, and similar establishments. (7) Floor area. The total area of all floors of a building or portion thereof measured to the outside surface of exterior walls or the centerline of walls to attached buildings or uses. It does not include garages, porches, balconies, and other appurtenances. Space in the basement or cellar and all other space shall be included as floor area if used for a principal or accessory use permitted in the zone in which the building is located. (8) Floor area ratio (FAR). The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. (9) Fraternity/sorority house. A building used as a residence by a chapter of a fraternal or sororal nonprofit organization recognized by the University of Iowa. For purposes of this Chapter this definition does not include a rooming house. (10) Frontage. The distance along a street line (right of way line) from one intersecting street to another, or from one intersecting street to the end of a dead end street or the end of a cul-de-sac. (g) (1) Garage, commercial. Any building or premises used for equip- ping, repairing, renting, selling or storing motor vehicles, and at which automobile fuels, and supplies may be sold. (2) Garage, private. An accessory building which is under the control and use of the occupants of the main building. (3) Grade. The top surface elevation of lawns, walks, drives, or other improved surfaces after completion of construction or grading and landscaping. For the purposes of determining height of a building, the grade is the average level at the corners of the exterior walls of a building. 197 7 (18) Dwelling unit. 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. (19) Dwelling unit, efficiency. A dwelling unit consisting of one principal room, in addition to a bathroom, hallway, and closets, which serves as the occupant's living room, bedroom, and in some instances, the kitchen. (e) (1) Easement. A right given by the owner of land to another person for specific limited use of that land, e.g., to allow access to another property or for utilities. M (2) Elderly housing. A dwelling especially designed for use and occupancy of persons who are aged or who are handicapped within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Security Act. (3) Enlargement/expansion. An increase in the volume of a building, an increase in the area of land or building occupied by a use, or an increase in the number of occupants or dwelling units. (4) Extraction. The extraction of sand, gravel, or top soil as an industrial operation, exclusive of the process of grading a lot preparatory to the construction of a building. (1) Family. One (1) person or two (2) or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single, housekeeping organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption. (2) Family care facility/family home. A community-based residential home, which is licensed either as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of the Code of Iowa, that provides room and board, personal care, habilitation services, and supervision in a family environment by a resident family for not more than eight (8) developmentally disabled persons. However, family care facility does not mean an individual foster care family home licensed under Chapter 237. (3) Farm. An area of not less than 10 acres for which the principal use is the growing for sale of farm products such as vegetables, fruits, and grain and their storage on the land. The term "farm" includes the necessary accessory uses and buildings for treating and storing the food produce. 0 5 (3) Child care facility. State licensed or registered facility where children are temporarily left with attendants. (4) City. The City of Iowa City, Iowa. (5) Clinic. An office occupied by one or more members of a healing profession. (6) Club. A meeting place of an association with restricted access to the general public controlled by its members, and in which property is actually owned, leased or held in common for the benefit of its members. For purposes of this Chapter this definition does not include a fraternity or sorority house. (7) Commercial recreational uses. Facilities which are used primarily for physical exercise or culture and which include but are not limited to campgrounds, courts, gyms, swimming pools, locker and training rooms, target or shooting ranges, amusement arcades, and billiard halls. Such facilities do not include massage parlors and establishments which features nude dancing. (8) Commission. The Planning and Zoning Commission of Iowa City, Iowa as created by Chapter 414 of the Code of Iowa and the City Code of Ordinances. (9) Confinement feeding operations. One or more roofed or partially roofed animal enclosures, designed to contain liquid or semi-liquid animal wastes, and in which the maximum number of animals confined -at one time exceeds 50 beef cattle, 40 dairy cattle, 250 swine over 40 pounds, 1800 swine less than 40 pounds, 600 sheep, 3,000 turkeys, 15,000 broiler chickens or 9,000 layer chickens. (10) Conversion. Any change of one principal use to another prin- cipal use. (11) Council. The City Council of Iowa City, Iowa. (12) Court. A space, open and unobstructed to the sky, located at grade on a lot and bounded on three or more sides by walls. (d) (1) Deck. A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground. (2) Density, gross. The number of dwelling units per unit area of land (usually expressed as dwelling units per acre). (3) Development. Any property including dredging, filling, operations. man-made change to but not limited' grading, paving, improved or unimproved to buildings, mining, excavation or drilling 1911 ri (4) Developmentally disabled. Any person who has a disability attributable to but not limited to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; diplexia resulting from an above disability; or a mental or nervous disorder which disability originates before such individual attains age 18, and which constitutes a substantial impairment expected to be long -continued and of indefinite duration. (5) Discontinuance. Whenever a non -conforming use is abandoned, ceased, or terminated. (6) Downzoning. A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multifamily to single-family or from commercial or industrial to residential. (7) Drive/driveway. An asphalt, concrete or similar permanent dust -free surface designed to provide vehicular access to a parking area. (8) Dwelling. A building which is wholly or partially used or intended to be used for residential occupancy. (9) Dwelling, duplex. A dwelling containing two (2) dwelling units. (10) Dwelling, farm. A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm -on which the dwelling is located. (11) Dwelling, four-plex. A multi -family dwelling containing four (4) dwelling units. (12) Dwelling, high-rise multi -family. A multi -family dwelling exceeding three (3) stories in height. (13) Dwelling, low-rise. A multi -family dwelling not exceeding more than three (3) stories in height. (14) Dwelling, multi -family. A dwelling containing three (3) or more dwelling units. (15) Dwelling, single-family. A building containing one dwelling unit. This definition does not include the term "mobile home." (16) Dwelling, tri-plex. A multi -family dwelling containing three (3) dwelling units. (17) Dwelling, zero lot line. A single family dwelling with one or more walls located on a side lot line(s) which is not a street or alley right-of- way line. I95 E (4) Ground area. The area of a building within its largest outside dimensions computed on a horizontal plane at the first floor level, exclusive of open porches, breezeways, terraces, and exterior stairways. (5) Ground floor/first floor. The lower-most floor of a building having its floor -to -ceiling height at or above the grade. (6) Group care facility. A government licensed or approved facility which provides resident services in a dwelling to more than eight (8) individuals not including resident staff, but not exceeding 30 individuals. These individuals are developmentally disabled, aged or undergoing rehabilitation; are in need of adult supervision; and are provided services in accordance with their individual needs. Group care facilities shall not include nursing homes. (7) Guest. An individual who shares a dwelling in a non -permanent status for not more than 30 days. (h) (1) Hedge. A boundary formed of a row of closely planted shrubs or bushes. (2) Home occupation. An accessory use consisting of an occupation or profession carried on by a person residing on the premises. (3) Hospital. An institution providing health services for human in-patient medical care for the sick or injured and including related facilities such as laboratories, out-patient facilities, emergency medical services, and staff offices which are an integral part of the facility. (4) Hotel. A residential building licensed by the State and occupied and used principally as a place of lodging for guests. Hotels may or may not provide meals and there are usually no cooking facilities in guest rooms (see "hotel, apartment"). (5) Hotel, apartment. A multi -family dwelling under resident supervision which maintains an interlobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as a drug store, barber shop, cosmetologist, cigar stand or newsstand, when such uses are located entirely within the building with no separate entrance from the street or visible from any sidewalk, and having no sign or display visible from outside of the building indicating the existence of such services. (i) Reserved. (j) (1) Junk yard. An area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disas- sembled or assembled, stored or handled, including the disman- tling or "wrecking" of automobiles or other vehicles or machinery. A junk yard is also a housewrecking yard, used lumber Os IN yard, and place for storage of salvaged building materials and structural steel materials and equipment. (k) (1) Kennel. An establishment where small animals are bred, raised, trained, groomed, and boarded for compensation, sale or other commercial purposes. (1) (1) Livestock. Cattle, sheep, swine, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption. (2) Living unit. See "dwelling unit." (3) Loading space, off-street. Space logically and conveniently located and designed for bulk pickups and deliveries and accessible to delivery vehicles from aisles. (4) Lodging house. See "rooming house." (5) Long term care facility. See "nursing home." (6) Lot. A plot, separate tract, or parcel of land with fixed boundaries suitable for occupancy by a use. (7) Lot, corner. A lot located at the intersection of two (2) or more streets. (8) Lot, double frontage. A lot having frontage on two parallel or approximately parallel streets. (9) Lot, interior. A lot other than a corner lot or double front- age lot and bounded by a street on only one side. (10) Lot, reversed corner. A corner lot, the rear of which abuts the side of another lot. (11) Lot area. The total area within the lot lines of a lot ex- cluding any area located within a public or private street. (12) Lot coverage. The percentage of the lot area covered by the building area. (13) Lot depth. The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line. (14) Lot frontage. The continuous width of a lot measured along the street (right of way line). (15) Lot line. A line oriented in terms of stable points of reference which establishes one boundary of a lot. (16) Lot line, front. A lot line separating the lot from the street. On corner lots, the front lot line is the shortest X99 11 street dimension except that if the lot is square or almost square, i.e., has dimensions at the ratio of from 3:2 to 3:3, then the front lot line may be along either street. (17) Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet in length, and parallel to and farthest from the front lot line. (18) Lot line, side. Any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot line. (19) Lot width. The length of the front yard line. (m) (1) Manufactured housing. Includes mobile and modular homes as herein defined. (2) Manufactured housing park. A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. (3) Meeting hall. A facility providing space for lectures, social functions, exhibitions, entertainment, instructions and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas. (4) 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. For the purposes of this Chapter, this definition does not include recreational vehicles. (5) 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. (6) Motel. A residential building licensed by the state, usually located along highways, occupied and used principally as a place of lodging for guests. The term "motel" includes "motor hotel." (a) (1) Non -conforming structure. A structure or portion thereof which does not conform to the provisions of this Chapter relative to height, yards, or building coverage for the zone in which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. 12 (2) Non -conforming lot. A lot which does not conform to the provisions of this Chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. (3) Non -conforming use. Any use that is not allowed within the zone in which it is located or any way in which land or a building is used that is not in compliance with the provisions of this Chapter by reason of the adoption of this Chapter or subsequent amendments thereto. (4) Nursing home. A facility operated by a proprietary or non- profit corporation or association and licensed or regulated by a governmental entity for the accommodation of convalescents or other persons who are not in need of hospital care but who require skilled care and/or related services. (o) (1) Officially Approved Place. A private street which was permitted under the terms of the zoning ordinance prior to the adoption of this Chapter. Such streets were either established by the City Council or by the Board of Adjustment as a variance to the requirement that a lot front on a public street. (2) Open space. That portion of the lot that is not covered by buildings, drives, parking spaces and aisles. (3) Open space, common. Open space the use of which is shared by all occupants of more than one dwelling unit, as distinguished from private open space. (4) Open space, private. Open space used by occupants of a dwelling unit. (5) Overlay zone. A set of zoning requirements that is imposed in addition to those of the underlying zone. Developments within the overlay zone, except in the case of an OPD -H zone, must conform to the requirements of both zones or, in the case of a disparity, the more restrictive requirements of the two. (6) Owner. The person who holds the fee simple or equitable title to the property. (p) (1) Parking area. An off-street facility intended or designed for the parking of more than four (4) motor vehicles, including parking spaces, aisles and tree islands. (2) Parking space. An asphalt, concrete or similar permanent dust free surface which is intended for off-street vehicular parking and is at least eight (8) feet wide and 15 feet in length for compact cards and at least nine (9) feet wide and 19 feet in length for other cars. (3) Patio. A covered or uncovered surfaced outdoor living area at grade abutting and accessible from a dwelling. X 0 1 13 (4) Performance standard. A minimum requirement or maximum allowable limit on the effects or characteristics of a use, written in the form of regulatory language. (5) Permitted use. A principal use which is allowed in the zone in which it is listed subject to compliance with the dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of the Chapter. (6) Person. Any individual or group of individuals, corporation, partnership, association, or any entity, including state and local governments and agencies. (7) Personal service establishment. An establishment primarily engaged in providing services generally involving the care of the person or his/her apparel. Such establishments include but are not limited to the following: laundry, cleaning and garment services; photographic studios; beauty shops; barber shops; shoe repair shops, shoe shine parlors, and hat cleaning shops; funeral homes; and other establishments engaged in providing personal services such as steam baths, reducing salons and health clubs, clothing rental, locker rental, and porter services (see major group 72 of the Standard Industrial Classifications Manual). (8) Porch. A covered entrance platform area, with open or the wall of a building. (9) Premises. See "lot." to a building consisting of a enclosed sides, projecting from (10) Principal building. A building which contains the principal use. (11) Principal use. The primary use(s) of land or a structure as distinguished from an accessory use, e.g., a house is a principal use in a residential area; a garage or pool is an accessory use. (12) Projections (into yards). Parts of buildings such as archi- tectural features which protrude into the required yard or yards. (13) Provisional use. A principal use which is allowed in the zone in which it is listed subject to compliance with the specific requirements mentioned with the use and all other dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of the Chapter. (14) Public utility. A system which is owned and operated by a licensed public utility company or by a railroad company. Such systems do not include those owned and operated by the City of Iowa City or other governmental agency. (301;k 14 (q) (1) Quarry. Land used for the purpose of excavating stone or slate as an industrial operation. (r) (1) Remodel/repair. Any improvement in a building which is not a structural alteration. (2) Religious institution. An organization having a religious purpose, which has been granted an exemption from federal tax as a Sec. 501(c)(3) organization under the Internal Revenue Code, including churches, rectories, meeting halls, schools and the facilities that are related to their use. (3) Restaurant. A business where the dispensing and the consump- tion at indoor tables of edible foodstuff and/or beverage is the principal business, including a cafe, cafeteria, coffee shop, delicatessen, lunch room, tearoom, dining room, bar, cocktail lounge or tavern. The total seating area located within the enclosed portion of the premises is more than 50 percent of the total floor area. (4) Restaurant, drive-in/carry-out. An auto oriented use whose principal operation is the dispensing of edible foodstuff and/or beverage for consumption in automobiles, at indoor or outdoor tables, at stand-up counters or to be carried off the premises. The total seating area, if provided, is less than 50 percent of the floor area. (5) Retail establishment. An establishment engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of the goods. Such establishments will have the following characteristics: the establishment is usually a place of business and is engaged in activities to attract the general public to buy; the establishment buys or receives merchandise as well as sells; the establishment may process its products, but such processing is incidental or subordinate to selling; the establishment is considered as retail in the trade; and the establishment sells to customers for business or personal uses. (6) Rezoning. A change in land use regulations. Rezonings can take three forms: (a) a comprehensive revision or modification of the zoning text and map; (b) a text change in zone requirements; or (c) a change in the map, i.e., the zoning designation of a particular parcel or parcels. (7) Roof. The top covering of a building constructed to shield the area beneath from the weather. The term "roof" includes the term "canopy." (8) Roof line. The highest point of the coping of a flat roof; the deck line of a mansard roof; and the mid -point between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof. x.03 15 (9) Roomer. An occupant of a rooming house or rooming unit who is not a member of the family of the rooming house operator. A roomer shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. (10) Rooming house. Any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to four (4) or more roomers. (11) Rooming unit. 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 exclusive use by the occupants or for communal use and, in addition, may have kitchen and dining facilities available for use by the occupants therein. (s) (1) School - generalized private instruction. A private school which includes any of the following: Elementary and secondary schools below university grade (ordinarily grades 1 through 12), including denominational and sectarian; kindergartens and military academies are also included. Colleges, universities, and professional schools granting academic degrees and requiring for admission at least a high school diploma or equivalent general academic training. Junior colleges and technical institutes requiring for admission at least a high school diploma or equivalent general academic training and granting associate academic degrees, certificates or diplomas. (2) School - specialized private instruction. A private school which includes any of the following: Establishments primarily engaged in offering data processing courses in programming, and in computer and peripheral equipment operation, including keypunch operation. Establishments primarily engaged in offering courses in business machines operation (except data processing), office procedures, and secretarial and stenographic skills. Establishments primarily engaged in offering specialized trade or commercial courses, not elsewhere classified, but not academic training. Specialized nondegree granting schools, not elsewhere classified, such as music schools, dramatic schools, language schools, and Civil Service and other short term examination preparatory schools. Establishments primarily engaged in operating dance studios and schools. (3) Separate tract. An abutting group of lots which are developed for a use or uses which share common facilities, e.g., off-street parking, loading and driveways. A separate tract shall be considered as a single lot in the application of the requirements of this Chapter. (4) Setback line. The line beyond which the wall of a building or structure shall not project. a?o V 16 (5) Special exception. A principal or accessory use or a modification in yards or parking and stacking spaces which is allowable when the provisions of Sec. 36-91(8)(2) are met and when the facts and conditions specified elsewhere in this Chapter, as those upon which the exception is permitted, are found to exist by the Board of Adjustment. (6) Stacking space. An asphalt, concrete or similar permanent dust free surface which is designed to accommodate a motor vehicle waiting for entry to an auto oriented use, is located in such a way that a parking space or access to a parking space is not obstructed, and which is at least nine (9) feet in width and 19 feet in length. (7) Story. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the top most floor and the ceiling or roof above. (8) Street. The entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic. (9) Street, arterial. A street whose principal function is to provide for through traffic, and designed to carry large volumes of traffic. (10) Street, collector. A street whose principle function is for carrying traffic from local streets to arterial streets. (11) Street, cul-de-sac. A local street terminating in a turn- around. (12) Street, local. A street used primarily for access to abutting property. (13) Street, private. A way which is intended to afford the principal means of access to abutting lots and is not owned or controlled by a government entity. (14) Street, public. A way which affords the principal means of access to abutting lots and is owned or controlled by a government entity. (15) Structure. Anything constructed or erected on the ground or which is attached to something located on the ground. Struc- tures include buildings, radio and TV towers, sheds, and permanent signs. It excludes vehicles, sidewalks, and paving. (16) Structural alteration. Any change in the configuration of the exterior walls, foundation or the roof of a building which Ac)6 17 results in an increase in the area, height or volume of the building. (17) Sub -standard lot. See "non -conforming lot." (18) Substantial improvement. Any repair, reconstruction, or improvement of a building the cost of which equals or exceeds 50 percent of the market value of the building either, (a) before the improvement or repair is started, or (b) if the building has been damaged and is being restored, before the damage occurred. For the purposes of this definition, sub- stantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either (1) any project for improve- ment of a building to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a building listed on the National Register of Historical Places or a State Inventory of Historic Places. (t) (1) Townhouse. A complex containing not less than three (3) nor more than six (6) abutting single family dwellings (townhouse units) and each single family dwelling being located on a separate lot. (2) Transient housing. A structure owned and operated by a non-profit organization, as defined by Section 501(c)(3) of the Internal Revenue Code, providing a temporary residence, for a period of not more than 10 days, for persons in need of emergency shelter and who are temporarily unable to pay for housing. (3) Tree. A live self-supporting woody plant with a single or multiple self-supporting trunk(s) (the size of a tree to be planted at initial installation is indicated in "The List of Recommended Trees for Iowa City," a supplement to this Chapter). (4) Tree island. An unpaved pervious area intended for the placement of a tree. (u) (1) Upzoning. The converse of downzoning (see "downzoning"). (2) Use. A purpose or activity for which land, structures, or a portion thereof is designed, occupied, and maintained. (3) Use, accessory. See "accessory building/use." (4) Use, permitted. See "permitted use." 18 (5) Use, principal. See "principal use." (6) Use, provisional. See "provisional use." (v) (1) Vacation. The process by which the City discontinues the use of a street, alley or easement as a public way. (2) Variance. A means of granting a property owner relief from certain provisions of this Chapter where owing to special conditions a literal enforcement of the provisions of the Chapter will result in unnecessary hardship, and so that the spirit of the Chapter shall be observed and substantial justice done. The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa. (3) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway. (4) Vehicle, storage of. A vehicle or portion thereof which is parked in the same position for a period of 48 hours or more. (w) Reserved. (x) Reserved. (y) (1) Yard. A required area on a lot unoccupied by structures above grade except for projections and the specific minor uses or structures allowed in such area under the provisions of this Chapter. A yard extends from the grade upward. (2) Yard, front. The required area across a lot between the front yard line and the street (right of way line). (3) Yard, rear. The required area from one side lot line to another side lot line and between the rear yard line and the rear lot line. (4) Yard, side. The required area from the front yard line to the rear yard line and from the side yard line to the side lot line. (5) Yard line, front. A line from one side lot line to another side lot line, parallel to the street, and as far back from the street as required in this Chapter for the front yard. (6) Yard line, rear. A line parallel to the rear lot line and as far forward from the rear lot line as required by this Chapter (see "lot line, rear"). (7) Yard line, side. A line parallel to the side lot line and as far from the side lot line as required by this Chapter. (z) (1) Zone. A portion of the City delineated on the zoning map in which requirements and development standards for the use of land and buildings within, above or below the zone are prescribed in this Chapter. r267 19 (2) Zoning Code Interpretation Panel. A staff panel designated by the City Manager to interpret the provisions of the Zoning Ordinance in such a way as to carry out its intent and purpose. (3) Zoning map. The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. ��R FW ARTICLE II. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES Sec. 36-5. Interim Development Zone (ID). (a) Intent. This zone is intended to provide for areas of managed growth in which agricultural and other non -urban uses of land may continue, until such time as the City is able to provide municipal services and urban de- velopment can take place. Upon provision of municipal services, the City will and the property owner may initiate rezoning of property to uses con- sistent with the Comprehensive Plan. ID designations on the zoning map shall be reevaluated with each revision of the Comprehensive Plan. ID de- signations shall consist of ID -RS (single family residential), ID -RM (multi- family residential), and ID -ORP (office research park) to reflect the in- tended use of the property in the future. (b) Permitted uses. (1) Farms. (2) Livestock and livestock operations except livestock feed lots and confinement feeding operations. (c) Provisional uses. (1) Clubs subject to the requirements of Sec. 36-55. (2) Farm dwellings provided they are developed in accordance with the dimensional requirements of the RR -1 zone. A maximum of two (2) roomers may reside in each farm dwelling. (3) Livestock feed lots, except confinement feeding operations provided they are located not closer than one-fourth (k) mile to any R zone boundary. (4) Office research park (ORP) uses provided they are developed in accordance with the applicable special provisions of this zone. (5) Single family dwellings provided they are developed in accordance with the applicable special provisions of this zone. (6) Stables and kennels subject to the requirements of Sec. 36-55. (d) Special exceptions. (1) Communication towers and satellite receiving devices, provided they shall be located at least as far away from property lines as their height is above grade. (2) Public utilities. 21 (e) Dimensional requirements. (1) Minimum lot area: 10 acres (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 ft. (4) Minimum yards: Front - According to the following table: Comprehensive Plan Setback Street width street classification 40 ft. 40 ft. secondary arterial 27 ft. 66 ft. secondary arterial 25 ft. 40 ft. collector or local 20 ft. 80 ft. or more secondary arterial 20 ft. 50 ft. or more collector or local Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (5) Maximum building bulk: None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. Not applicable. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. Not applicable. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. A(0 22 (g) Special provisions. (1) Single family dwellings may be developed in those areas designated ID -RS on minimum lot areas of five (5) acres and at the width, frontage and yard requirements of the ID zone. (2) Office research park uses may develop in those areas designated ID -ORP in accordance with the requirements of the ORP zone. Any such uses shall be constructed to full City development standards and shall provide approved private water and sewer facilities until such time as City services are extended to the area. aur 23 Sec. 36-6. Rural Residential Zone (RR -1). (a) Intent. It is intended that this zone provide for areas of a rural residential character within the City which are not projected to have the utilities necessary for urban development within the foreseeable future, according to the 1983 Comprehensive Plan Update (which includes the long range and short range plans). (b) Permitted uses. (1) Detached single-family dwellings. (2) Farms. (c) Provisional uses. (1) Detached single family dwellings with a maximum of two (2) roamers provided that one (1) additional off-street parking space shall be furnished. (2) Family care facilities provided they shall not be located within one-quarter (Z) mile of each other. (d) Special exceptions. (1) Clubs subject to the requirements of Sec. 36-55. (2) Public utilities. (e) Dimensional requirements._ (1) Minimum lot area: 40,000 sq. ft. (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 ft. (4) Minimum yards: Front - according to the table established in the AG Zone. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: 1319 24 (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. e. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. a�3 25 Sec. 36-7. Low Density Single -Family Residential Zone (RS -5). (a) Intent. It is the primary purpose of this zone to provide for single-family residential development consistent with the predominate single-family residential character of Iowa City. Development within this zone is expected to have a neighborhood orientation; therefore, parks, schools, religious institutions and neighborhood commercial facilities are expected to be located within or in close proximity to developments in this zone. Compatibility of development within this zone shall be encouraged and related non-residential uses and structures should be planned and designed to be in character with the scale and pattern of the residential development. (b) Permitted uses. (1) Detached single-family dwellings. (c) Provisional uses. (1) Detached single family dwellings with a maximum of one (1) roomer provided that one (1) additional off-street parking space shall be furnished. Two-family and multi -family dwellings, which exist as nonconforming uses, shall be permitted one (1) roomer per dwelling unit. (See "special provisions.") (2) Family care facilities provided they shall not be located within one-quarter ('y) mile of each other. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55, and provided they shall be located in a private residence in which fewer than 12 children are cared for, or in a religious institution. (2) Public utilities. (3) Religious institutions subject to the requirements of Sec. 36- 55. (e) Dimensional requirements. (1) Minimum lot area: 8,000 sq. ft. (2) Minimum lot width: 60 ft. (3) Minimum lot frontage: 35 ft. on a public street or an officially approved place. (4) Minimum yards: (9 IV 26 Front - 20 ft. Side - 5 ft. for the first 2 stories, plus 2 ft. for each additional story. Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building Coverage - 45% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject to the accessory uses and requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. _See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special Provisions. (1) If a tract of land one acre or greater in area is being subdivided or resubdivided into lots, it may be developed at a maximum gross density of five (5) dwelling units per acre with minimum lot areas of 7,200 square feet and maximum lot areas of 15,000 square feet. (2) For those dwellings in which the number of roomers exceeds one (1), the provisions of paragraph (c)(1) above shall become applicable on November 30, 1984. ass 27 Sec. 36-8. Medium Density Single -Family Residential Zone (RS -8). (a) Intent. It is primarily intended that this zone provide for the development of small lot single-family dwellings. This zone represents a relatively high density for single-family development, thus dwellings in this zone should be in close proximity to all city services and facilities, especially parks, schools and recreational facilities. Special attention should be given to landscaping and site development in this zone. Special provisions of this zone are designed to permit dwellings with no side yard to accommodate attached single family dwellings and to permit conversions of existing structures to duplexes. (b) Permitted uses. (1) Detached single-family dwellings. (c) Provisional uses. (1) Duplexes provided they shall be developed in accordance with the dimensional requirements of the RM -12 Zone and that the minimum lot area is 8700 square feet and the minimum lot area per unit is 4350 square feet. (2) Family care facilities provided they shall not be located within one-quarter ('y) mile of each other. (3) Single-family and two-family dwellings with a maximum of one (1) roomer in each dwelling unit provided that one (1) additional off-street parking space per unit shall be furnished. Multi -family dwellings, which exist as nonconforming uses, shall be permitted one (1) roomer per dwelling unit. (See "special provisions.") (4) Zero lot line dwellings and townhouses, provided they shall be developed in accordance with Sec. 36-55. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institutions subject to the requirements of Section 36-55. (4) Schools - generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 5,000 sq. ft. (2) Minimum lot width: 45 ft. n2 I% 28 (3) Minimum lot frontage: 25 ft. on a public street or an (5) Maximum building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio - none (£) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. officially approved place. (4) Minimum yards: building regulations. See Sec. 36-57. C. Off-street Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story; or for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft. or for townhouses, 0 ft. or 10 ft. Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio - none (£) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) If a tract of land one acre or greater in area is being subdivided or resubdivided into lots, it may be developed at a maximum gross density of eight (8) dwelling units per acre with minimum lot areas of 4,000 square feet and maximum lot areas of 7,500 square feet. Lots less than 5,000 square feet in area shall be developed with one wall of the dwelling unit having a zero side yard. eRl-7 29 (2) For those dwellings in which the number of roomers exceeds one (1), the provisions herein shall become applicable on November 30, 1984. 30 Sec. 36-9. Manufactured Housing Residential (RMH) Zone. (a) Intent. The Manufactured Housing Residential (RMH) Zone is designed to permit the location and development of mobile homes and modular homes, which may not normally comply with the building, electrical, plumbing or housing codes, within designated areas of the community. Provision is made in the RMH Zone to allow such residences to be placed within mobile home parks or upon individual subdivided lots. (b) Permitted uses. (1) Manufactured housing. (c) Provisional uses. (1) Family care facilities provided they shall not be located within one-quarter (k) mile of each other. (2) Manufactured housing with a maximum of one (1) roomer provided that one (1) additional off-street parking space shall be furnished. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institutions subject to the requirements of Sec. 36- 55. (4) Schools - generalized private instruction (e) Dimensional requirements. (1) Minimum lot area: (2) Minimum lot width: (3) Minimum lot frontage: (4) Minimum yards: Front - Side - Rear - 4,000 sq. ft. 35 ft. 20 ft. on a public street or an officially approved place 20 ft. 5 ft. 20 ft. or 30 ft. at RMH Zone boundary (5) Maximum building bulk: Height - 25 ft. Building coverage - 40% Floor area ratio - None a19 31 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory uses and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned RMH be less than 10 acres. (2) Manufactured housing parks shall comply with the provisions of Chapter 22 of the Code of Ordinances and the provisions of the Code of Iowa. "2'zn 32 Sec. 36-10. High Density Single -Family Residential Zone (RS -12). (a) Intent. It is intended that this zone provide for the development of single family dwellings and duplexes at a high density of development in older portions of the community. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers in single family dwellings and two (2) roomers in each dwelling unit in duplexes, provided that additional off-street parking spaces shall be furnished at the ratio of one-half (') space per roomer. Multi -family dwellings, which exist as nonconforming uses, shall be permitted two (2) roomers per dwelling unit. (See "special provisions.") (2) Family care facilities provided they shall not be located within one-quarter (Z) mile of each other. (3) Zero lot line dwellings and townhouses provided they shall be developed in accordance with Sec. 36-55. (d) Special exceptions. _ (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institutions subject to the requirements of Sec. 36- 55. (4) Schools - generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: (2) Minimum lot area per unit: (3) Minimum lot width: (4) Minimum lot frontage 5,000 sq. ft. 3,000 sq. ft. 45 ft. 25 ft. on a public street or an officially approved place aai 33 (5) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story; for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft.; or for townhouses, 0 ft. or 10 ft. Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) For those dwellings in which the number of roomers exceeds the number permitted in paragraph (c)(1) above, the provisions of this paragraph shall become applicable on November 30, 1984. 34 Sec. 36-11. Low Density Multi -Family Residential Zone (RM -12). (a) Intent. It is intended that this zone provide for a high density of single family residential development and a low density of multi- family residential development. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (3) Multi -family dwellings. (c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half (�) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (Z) mile of each other. (3) Rooming houses, provided that the total floor area shall not exceed 330 square feet for each 2725 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. - (4) Transient housing provided that there is at least 750 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (5) Zero lot line dwellings and townhouses provided they shall be developed in accordance with the requirements of Sec. 36-55. (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of Sec. 36-55. (2) Child care facilities subject to the requirements of Sec. 36- 55. (3) Funeral homes subject to the requirements of Sec. 36-55. (4) Group care facilities provided that there is at least 750 square feet of lot area for each occupant. (5) Public utilities. (6) Religious institutions subject to the requirements of Sec. 36- 55. aa3 35 (7) Schools - generalized private instruction. (e) Dimensional requirements. The following table of dimensional requirements shall be applicable to the uses of this zone. Single-family Single-family Town- Duplexes & Multi - (non 0 -lot line) (0 -lot line) houses other uses Family (1) Min. lot area: 4000 sf 3000 sf 3000 sf 6000 sf 8175 sf (2) Minimum lot area per unit: (3) Min. lot width: (4) Min. lot frontage on a public street or an officially approved place. (5) Min. yards: 4000, sf 3000 sf 3000 sf 3000 sf 35 ft 20 ft 18 ft 45 ft 20 ft 20 ft 18 ft 35 ft 2725 sf 60 ft 40 ft Front - 20 ft 20 ft 20 ft 20 ft 20 ft Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story; for townhouse units, 0 ft. or 10 ft.; and for zero lot line dwellings, 1 at 0 ft. and the other at 10 ft. Rear - 20 ft 20 ft 20 ft 20 ft 20 ft (6) Max. building bulk: _ Height - 35 ft 35 ft 35 ft 35 ft 35 ft Building coverage - 50% 50% 50% 50% 50%, Floor area ratio - None None None None None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. aIV 36 C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. �7 � 37 Sec. 36-12. Medium Density Multi -Family Residential Zone (RM -20) (a) Intent. It is the purpose of this zone to provide for the development of medium density multi -family housing in areas suitable for this density and to serve a market demand for this type of housing. This zone is particularly well suited to locations adjacent to neighborhood activity centers and should have good access to all city services and facilities. (b) Permitted uses. (1) Multi -family dwellings. (c) Provisional uses. (1) Detached single family dwellings subject to the dimensional requirements of the RS -12 zone. (2) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half (') space per roomer. (3) Duplexes provided they shall be developed in accordance with the dimensional requirements of the RM -12 zone, except that the minimum lot area shall be 3600 square feet and the minimum lot area per unit 1800 square feet. (4) Family care facilities provided they shall not be located within one-quarter (Z) mile of each other. (5) Fraternity/sorority houses, provided there shall be 545 square feet of lot area for each person residing on the premises. (6) Nursing homes subject to the requirements of Sec. 36-55. (7) Religious institutions subject to the requirements of Sec. 36- 55. (8) Rooming houses, provided that the total floor area shall not exceed 330 square feet for each 1800 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (9) Townhouses and zero lot line dwellings subject to the requirements of Sec. 36-55, provided they are developed in accordance with the dimensional requirements of the RM -12 Zone, except that each unit shall have a minimum lot area of 1800 square feet. (10) Transient housing provided that there is at least 550 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. 38 (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of Sec. 36-55. (2) Child care facilities subject to the requirements of Sec. 36- 55. (3) Clubs. (4) Elderly housing. (5) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. (6) Public utilities. (7) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 1,800 sq. ft. (3) Minimum lot width: 60 ft. (4) Minimum lot frontage: 35 ft. on a public street or an - officially approved place (5) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 45% 39 Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. no • 40 Sec. 36-13. Neighborhood Conservation Residential Zone (RNC -20) (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) Detached single family dwellings. (2) Duplexes. (3) Multi -family dwellings. (c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half (k) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (Z) mile of each other. (3) Fraternity/sorority houses, provided there shall be 545 square feet of lot area for each person residing on the premises. (4) Nursing homes subject to the requirements of Sec. 36-55. (5) Religious institutions subject to the requirements of Sec. 36- 55. (6) Rooming houses provided that the total floor area shall not exceed 330 square feet for each 1800 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (7) Transient housing provided that there is at least 550 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36-55. (2) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. (3) Public utilities. (4) Schools - generalized private instruction. ��9 (e) Dimensional requirements. (1) Minimum lot area: (2) Minimum lot area per unit: (3) Minimum lot width: (4) Minimum lot frontage: (5) Minimum yards Front - 41 5000 sq. ft. 1800 sq. ft. 40 sq. ft. 25 sq. ft. on a public street or an officially approved place 20 ft. Side - 5 ft. for the first story plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 45% Floor area ratio - None (f) General provisions. A11_ principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. a30 42 C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) All uses or buildings which were conforming prior to December 13, 1982, 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 may be rebuilt to its present state. (3) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. a31 43 Sec. 36-14. High Density Multi -Family Residential Zone (RM -44). (a) Intent. It is intended that this zone establish areas for the development of high density multi -family dwellings and group living quarters. Additionally, it is intended that this zone be located near an arterial street for proper access. Due to the different types of uses permitted within the zone, careful attention to site design and development is expected to assure that all uses are mutually compatible. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single and two family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Multi -family dwellings. (c) Provisional uses. (1) Family care facilities provided they shall not be located within one-quarter (y) mile of each other. (2) Fraternity/sorority houses, provided there shall be 303 square feet of lot area for each person residing on the premises. (3) Nursing homes subject to the requirements of Sec. 36-55. (4) Religious institutions subject to the requirements of Sec. 36- 55. (5) Rooming houses provided the total floor area shall not exceed 330 square feet for each 1000 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (6) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilites. (5) Schools - generalized private instruction. 44 (e) Dimensional requirements. (1) Minimum lot area: (2) Minimum lot area per unit: (3) Minimum lot width: (4) Minimum lot frontage: (5) Minimum yards: Front - 5000 sq. ft. 1,000 sq. ft. None. 35 ft. on a public street or an officially approved place 20 ft. Side - 5 ft for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio - None (f) General provisions. All_ principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. a33 45 C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. a3y 46 Sec. 36-15. High Rise Multi -Family Residential Zone (RM -145). (a) Intent. It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential environment. It is intended that this zone provide an efficient arrangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special attention must be directed to providing a pleasant, safe and efficient pedestrian environment. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single and two family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) High-rise multi -family dwellings. (4) Transient housing. (c) Provisional uses. (1) Elderly housing subject to the requirements of Sec. 36-55. (2) Low-rise multi -family dwellings provided they are developed in accordance with the dimensional requirements of the RM -44 Zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 Zone provided they are located on the ground level or below in a high-rise multi -family dwelling. (d) Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilities. (5) Religious institutions. (6) Restaurants. (7) Schools - generalized private instruction. a3s 47 (e) Dimensional requirements. (1) Minimum lot area: (2) Minimum lot area per unit: (3) Minimum lot width: (4) Minimum lot frontage (5) Minimum yards: Front - 5000 sq. ft. 300 sq. ft. None. 35 ft. on a public street or an officially approved place None. Side - 5 feet or 0 feet for walls without windows facing the side yard. Rear - 5 feet or 0 feet for walls without windows facing the rear yard. (6) Minimum open space per dwelling unit: None. (7) Maximum building bulk: Height - _ None. Building coverage - None. Floor area ratio - None. (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. 48 (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Except along boundaries where adjacent zones permit buildings higher than 35 feet, no portion of any building in the RM -145 zone shall project through an imaginary plane leaning inward from 35 feet above zone boundaries at an angle representing an increase of one (1) foot of height for each foot of horizontal distance perpendicular to the boundary. Where existing land in abutting zones is developed with open spaces at the boundary, such as street right-of-way, the open space may be included in meeting the horizontal distance requirement. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. Sec. 36-16. Reserved. 49 Sec. 36-17. Commercial Office Zone (CO -1). (a) Intent. The Commercial Office Zone (CO -1) is intended to provide specific areas where office functions, compatible businesses, apartments and certain public and semi-public uses may be developed. The CO -1 Zone can serve as a buffer between residential and more intensive commercial or industrial areas. (b) Permitted uses. (1) Clubs. (2) Copy services. (3) Florist shops. (4) Hospitals. (5) Meeting halls. (6) Nursing homes. (7) Office buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers except for those retail establishments specifically allowed in this zone. Any office use shall be permitted excepting the following: a. Drive-in facilities. b. Small animal clinics. (8) Optical, prosthetics, medical and dental supply stores, limited to retail sales. (9) Pharmacies limited to the retail sale of drugs and pharmaceutical products. (c) Provisional uses. (1) Dwellings located above or below the ground floor of another principal use permitted in this zone provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each unit. (2) Religious institutions subject to the requirements of Sec. 36- 55. (3) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. "23$ 50 (d) Special exceptions. Permitted (1) Barber shops and beauty parlors, laundromats, and laundry and Accessory dry cleaning pick-up and delivery services. building regulations. (2) Child care facilities. Off-street (3) Communication stations and studios. 36-58. (4) Drive-in facilities associated with financial institutions. (5) Funeral homes subject to the requirements of Sec. 36-55. (6) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (7) Public utilities. (8) Restaurants. (9) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front: 20 ft. Side: None Rear: None (5) Maximum building bulk: Height: 25 ft. Lot coverage: None Floor area ratio: 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. a39 51 e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. (2) Hospitals which existed on August 7, 1962, shall be exempt from and may expand without compliance with the dimensional requirements. ado - 52 Sec. 36-18. Neighborhood Commercial Zone (CN -1). (a) Intent. The Neighborhood Commercial Zone (CN -1) is intended to permit the development of retail sales and personal services required to meet the needs of a fully developed residential neighborhood. Stores in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw community -wide patronage. In general, the CN -1 Zone is intended for the grouping of small retail businesses which are relatively nuisance - free to surrounding residences. The location and development of neighborhood commercial sites should follow the criteria set forth for such sites in the Comprehensive Plan. (b) Permitted uses. (1) Barber shops and beauty parlors, laundromats, and laundry and dry cleaning pick-up and delivery services. (2) Drugstores, florist shops and variety stores. (3) Financial institutions. (4) Grocery stores including specialty food such as bakery and delicatessen goods. (c) Provisional uses. (1) None. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Drive-in facilities for financial institutions. (3) Dwellings located above or below the ground floor of another principal use permitted in this zone, provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (4) Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (5) Public utilities. (6) Religious institutions. (7) Restaurants. (8) School - specialized private instruction. d ill 53 (e) Dimensional reouirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 25 ft. Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned CN -1 be less than three (3) acres nor more than seven (7) acres. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. ,4A 54 Sec. 36-19. Community Commercial Zone (CC -2). (a) The Community Commercial Zone (CC -2) is intended to provide for major business districts to serve a major segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators that require access from major thoroughfares. While these centers are usually characterized by indoor operations, certain per- mitted uses may have limited outdoor activities as specified. (b) Permitted uses. (1) Business and personal service establishments except drive-in facilities. (2) Clubs. (3) Meeting halls. (4) Office uses allowed in the CO -1 Zone. (5) Retail establishments, including restaurants, except those uses listed as special exceptions. (6) Theaters. (c) Provisional uses. (1) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Auto and truck oriented uses. (2) Cemeteries. (3) Child care facilities. (4) Commercial recreational uses. (5) Dwellings located above or below the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (6) Funeral homes subject to the requirements of Sec. 36-55. (7) Public utilities. (8) Religious institutions. ay3 55 (9) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 35 ft. Lot coverage - None Floor area ratio - 2.0 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. ayy 56 Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. 57 Sec. 36-20. Central Business Service Zone (CB -2). (a) Intent. The Central Business Service Zone (CB -2) is intended to allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, and to enhance the pedestrian orientation of the central business district by providing suitable, peripheral locations for auto -oriented commercial and service uses. This zone is intended to accommodate mixed land uses and requires that the intensity of use be less than that permitted in the CB -10 zone. (b) Permitted uses. (1) Auto and truck oriented uses. (2) Hotels, motels and convention facilities (3) Permitted uses of the CB -10 Zone. (4) Transient housing. (c) Provisional uses. (1) Dwellings located above or below the ground floor of another principal use permitted in this zone, provided they are developed in accordance with the dimensional requirements of the RM -145 Zone. A maximum of three (3) roomers may reside in each dwelling unit. (2) Elderly housing subject to the requirements of Sec. 36-55. (d) Special Exceptions. (1) Child care facilities. (2) Clubs. (3) Commercial recreational uses. (4) Public utilities. (5) Religious institutions. (6) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None Rq� Wi (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - None Side - None Rear - None (5) Maximum building bulk: Height - 100 ft. Lot coverage - None Floor area ratio - 2.0 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the off-street parking requirements. d1/7 59 Sec. 36-21. Central Business Zone (CB -10). (a) Intent. The Central Business Zone is intended to be the high density, compact, pedestrian oriented shopping, office, service, and entertainment area in Iowa City. Development and redevelopment within this zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas, or pedestrian ways. The zone is intended to accommodate a wide range of retail, service, office and residential uses. Auto oriented uses, as defined in this Chapter, are not permitted except as otherwise provided. Consolidated off-street loading and service facilities should be provided wherever practical with access to be provided from public service alleys or courts. It is intended that off-street parking facilities be publicly provided and off-street accessory parking be allowed only as a provisional use. Because of the proximity to the University of Iowa, residential development above the ground floor in this district is encouraged as a provisional use. (b) Permitted uses. (1) Business and personal service establishments, except drive-in facilities. (2) Meeting Halls. (3) Office uses allowed in the CO -1 Zone. (4) Retail establishments, including restaurants, except drive-in facilities. (5) Theaters. (6) Transient housing. (c) Provisional uses. (1) Dwellings provided they are located above the ground floor of another principal use permitted in this zone. Three (3) roomers may reside in each dwelling unit. (2) Elderly housing subject to the provisions of Sec. 36-55. (3) Hotels or motels provided that parking spaces shall be in accordance with Sec. 36-58. (4) Wholesale establishments establishments. (d) Special exceptions. in conjunction with retail ZA l 0 MEW (1) Child care facilities. (2) Clubs. (3) Commercial recreational uses. (4) Off-street parking subject to the provisions of Sec. 36-58. (5) Public utilities. (6) Religious institutions. (7) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - None Side - None Rear - None (5) Maximum building bulk: Height - None Lot coverage - _ None Floor area ratio - 10.0 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) -Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. S 61 a. Dimensional requirements. See Division 1. b. Tree regulations. Not applicable. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) The floor area ratio may exceed 10, up to and including 12, for any lot for which a use provides off-street loading meeting the requirements of Sec. 36-59; or (2) The floor area ratio may exceed 10, up to and including 12, for any lot on which a use provides for a pedestrian plaza that abuts a public street or pedestrian mall and that has an area equal to or greater than 20 percent of the lot area. _? ,,o-1) 62 Sec. 36-22. Highway Commercial Zone (CH -1). (a) The Highway Commercial Zone (CH -1) is intended to permit development of service uses relating to expressways or other locations along major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available to the thoroughfare user. (b) Permitted uses. (1) Auto and truck oriented uses. (2) Commercial recreational facilities. (3) Hotels, motels and convention facilities. (4) Office uses allowed in the CO -1 Zone. (5) Restaurants. (6) Transient housing. (c) Provisional uses. (1) Retail establishments when associated with the uses allowed in this zone, provided not more than 50% of the total ground floor area shall be .devoted to the retail display of merchandise. (d) Special exceptions. (1) Dairy products processing and packaging. (2) Public utilities. (3) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: 100 ft. (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None d'51 63 (5) Maximum building bulk: Height None Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. asp 64 Sec. 36-23. Commercial Zone (CI -1). (a) Intent. The Intensive Commercial Zone (CI -1) is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and recreational activities, or by activities or operations conducted in buildings or structures not completely enclosed. Special attention must be directed toward buffering the negative aspects of these uses upon any residential uses. (b) Permitted uses. (1) Auto and truck oriented uses. (2) Building contractor facilities, yards and pre -assembly yards. (3) Clubs. (4) Commercial recreational facilities. (5) Computer supply stores. (6) Equipment rental agencies. (7) Farm implement dealers. (8) Food lockers. (9) Furniture and carpeting stores. (10) Hardware and building supply stores. (11) Lumber yards, and building supply establishments and yards. (12) Marine equipment and supply. (13) Meeting halls. (14) Merchandise and product supply centers but not including the retail sale of merchandise on premises. (15) Office uses allowed in the CO -1 zone. (16) Plant nurseries and florist shops. (17) Printing and duplicating operations. (18) Repair shops. (19) Restaurants. (20) Wholesale trade and warehouse establishments for the goods listed in the I-1 zone. 65 (c) Provisional uses. (1) Funeral homes subject to the requirements of Sec. 36-55. (2) Kennels and veterinary establishments provided they are not located within 200 feet of an R zone. (3) Retail establishments other than listed when associated with the uses allowed in this zone provided that not more than 50% of the total ground floor area shall be devoted to the retail display of merchandise. (4) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Adult businesses, such as massage parlors and other similar establishments which feature nude dancers or models, provided they shall not be located within 500 feet of a restaurant or another adult business. (2) Cementitious concrete batch/mix plants. (3) Dwellings located above the ground floor of another principal use permitted in this zone, provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (4) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (5) Public utilities. (6) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None aSY M- (5) Maximum building bulk: Height - 35 ft. Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. sa. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. Sec. 36-24 reserved. .� 5S' 67 Sec. 36-25. Office and Research Park Zone (ORP). (a) Intent. It is intended that this zone provide areas for the development of large office, research and similar uses. The requirements of this zone provide protection for uses within the zone to adjacent land uses and for adjacent more restrictive uses. Hotels, motels and similar uses should be located along the periphery of the zone or in such other locations that do not adversely effect the setting and quality of development for the permitted uses of this zone. (b) Permitted uses. (1) Data processing and computer operations. (2) Merchandise and product display centers, but not including the retail sale of merchandise on premises. (3) Offices including business, educational, governmental, industrial or professional offices. (4) Research, testing, and experimental laboratories. (c) Provisional uses. (1) None. (d) Special exceptions. (1) Communication stations, centers, studios and towers provided that towers shall be located at least as far away from lot lines as their height above grade. (2) Heliports and helistops subject to the requirements of Sec. 36-55. (3) Hotels, motels, and convention centers, including restaurants. (4) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: 7 acres (2) Minimum lot width: None (3) Minimum lot frontage: None ' (4) Required yards: Front - 150 ft. Side - 100 ft. Rear - 100 ft. M (5) Maximum building bulk: Height - None Lot coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance stagdrads. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned ORP be less than 21 acres. Sec. 36-26. General Industrial Zone (I-1). (a) Intent. The General Industrial Zone (I-1) is intended to provide for the development of most types of industrial firms. Regulations are designed to protect adjacent non-residential zones and other industrial uses within the zone. (b) Permitted uses. (1) Building contractor facilities, yards and pre -assembly yards. (2) Communication stations, centers, and studios. (3) Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials such as but not limited to bone, canvas, celeophane, cement, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, metal, paper, plastics, precious or semi- precious metals or stones, rubber, shell, textiles, tobacco, wax, wire, wood (except logging camps, sawmills, and planing mills) and yarns. (4) Manufacture of chemicals and allied products except fertilizer manufacturing. (5) Manufacture, processing and packaging of food and kindred products (except grain milling and processing, stockyards and slaughter houses). (6) Railroad switching, storage and freight yards and maintenance facilities. (7) Research, testing and experimental laboratories. (8) Wholesale trade and warehouse establishments for goods such as but not limited to automotive equipment, drugs, chemicals and allied products, dry goods and apparel, groceries and related products, electrical goods, hardware, plumbing, heating equipment and supplies, machinery, equipment and supplies, tobacco and alcoholic beverages, paper and paper products, furniture and home furnishings. (c) Provisional uses. (1) Communication towers provided that a tower's distance from an R zone shall be at least equal to the height of the tower. (2) Residence of the proprietor, caretaker, or watchman when located on the premises of the commercial or industrial use. (d) Special exceptions. 70 (1) Cementitious concrete batch/mix plants. (2) Heliports and helistops subject to the requirements of Sec. 36-55. (3) Public utilities. (4) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 45 ft. Lot coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. A_S9 71 C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions._._ None. ago 72 Sec. 36-27. Heavy Industrial Zone (I-2). (a) Intent. The Heavy Industrial Zone (I-2) is intended to provide for heavy or intense industries. The zone is designed primarily for manufacturing and fabrication activities including large scale or specialized operations having external effects which could have an impact on adjacent less intense commercial or industrial uses. (b) Permitted uses. (1) Any industrial, commercial or related use, except the following uses which shall be prohibited: a. Disposal, reduction or dumping of dead animals or offal. b. Fertilizer manufacturing. C. Manufacture of explosives. d. Oil refining and alcohol plants. e. Production of stone, clay, glass materials including Portland cement plants and quarries. f. Radioactive waste storage or disposal site. g. Steel mills. h. Stockyards and slaughter houses. (c) Provisional uses. (1) Extraction of sand, gravel and other raw materials subject to the requirements of Section 36-55. (2) Uses listed as provisional uses in the I-1 zone subject to the requirements indicated. (d) Special exceptions. (1) Junk yards subject to the requirements of Sec. 36-55. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None a4 73 (4) Minimum yards: Front - 100 ft. Side - 0 ft. Rear - 0 ft. (5) Maximum building bulk: Height - 45 ft. Lot coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. Sec. 36-28. Reserved 74 Sec. 36-29. Public Zone (P). (a) Intent. It is intended that the Public Zone (P) provide reference on the zoning map to public uses of land. Thus land owned or otherwise controlled by the Federal Government, the State of Iowa, Johnson County, City of Iowa City, and the Iowa City Community School District will be designated a Public Zone (P). This designation is intended to serve a notice function to those owning or buying land in proximity to publically owned land, which is not ordinarily subject to the regulations of this Chapter. (b) Permitted uses. (1) Farms. (2) Use of land, buildings or structures of the aforementioned federal and state governments or political subdivisions thereof. (c) Provisional uses. None. (d) Special exceptions. None. (e) Dimensional requirements. None. _ (f) General provisions. None. (g) Special provisions. (1) Should any such land be sold, conveyed or transferred to anyone other than the government of the United States of America or the State of Iowa or a political subdivision thereof, the buyer or transferee must submit an application to the City for a rezoning to a zone other than the Public Zone (P) in accordance with Sec. 36-88. (2) Land which is acquired by the government of the United States of America or the State of Iowa or a political subdivision thereof after the effective date of this Chapter shall retain its existing zoning designation until such time as, pursuant to Sec. 36-88, the zoning map is amended to designate such land a Public Zone (P). (3) Before any such land is conveyed by leasehold interest to anyone other than the federal and state governments or political subdivisions thereof for a use other than permitted C;.263 75 in this zone, rezoning to an appropriate zone in which the use is allowed shall be obtained. The use shall be subject to all requirements of the zone in which it is allowed. Further, the zone shall be established as an overlay zone with the under- lying zone retaining its original designation of P. acv 76 DIVISION 2. OVERLAY ZONES Sec. 36-30. Flood hazard overlay zones. Sec. 36-31. General. (a) Purpose. The purpose of the flood hazard overlay zones is to establish regulations to minimize the extent of floods and the losses incurred in flood hazard areas and to promote the public health, safety and welfare. (b) Intent. The flood hazard overlay zones are intended to permit only that development within the floodplain which is appropriate in light of the probability of flood damage. The regulations as set forth herein shall apply to all property located in the floodplains, as shown on the Flood Hazard Boundary Map filed with the City Clerk. (c) Adoption of flood maps and flood insurance study. The City has adopted the Flood Hazard Boundary Map, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated May 2, 1977, provided by the Federal Insurance Administration as the offic- ial documents. No ordinance related to these documents shall be adopted or enforced based upon modified data reflecting natural or man-made physical changes without prior approval of change in the documents by the Federal Insurance Administration. (d) Lands to which the overlay zones apply. The flood hazard overlay zones shall apply to all lands shown on the Flood Hazard Boundary Map as being located within the 100 year flood plain. (e) Determination of the location of floodplains and floodwa s. The boundaries of the floodplains and floodways shall be determined from information presented on the Flood Boundary and Floodway Map. In the absence of specific information, boundaries shall be determined by scaling distances on the map. Where interpretation is needed as to the exact location of the boundaries, the City Engineer shall make the necessary interpretation. In all cases, the level of the 100 year flood shall be the governing factor in locating the zone boundary on any property. Any person contesting the location of the zone boundary shall be given an opportunity to present his/her case to the Board of Adjustment for interpretation. (f) Disclaimer of liability. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. These regulations do not imply that areas outside the flood hazard overlay zones will be free from flooding or flood damages. These regulations shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder. 77 (g) Establishment of Floodplain Overlay (OFP) Zone and Floodway Over- lay (OFW) Zone. The City hereby establishes a Floodplain Overlay (OFP) Zone and a Floodway Overlay (OFW) Zone which boundaries are those of the designated 100 year flood and the designated floodway respec- tively, as shown on the Flood Boundary and Floodway Map. The OFP Zone includes the OFW Zone. (h) Public inspection. The City maintains for public inspection the following: (1) A Flood Hazard Boundary Map, a Flood Insurance Rate Map, and a Flood Boundary and Floodway Map. (2) Certificates of flood proofing (with building permits as applicable). (3) For all new or substantially improved buildings in the flood - plains: a. Information on the elevation of the lowest habitable floor including basement, b. A statement whether a building contains a basement, and C. A statement whether a building has been flood proofed and to what elevation. Sec. 36-32. Definitions. The following definitions apply only in the interpretation and enforcement of the regulations of the flood hazard overlay zones: (a) Area of shallow flooding. The land designated AO on the Flood Hazard Boundary Map where no clearly defined channel exists and the path of flooding is unpredictable. (b) Area of special flood hazard. The land in the 100 year floodplain designated on the Flood Hazard Boundary Map as areas AO and Al -A30. (c) Base flood/100 year flood. The flood having a one per cent chance of occurrence in any given year. (d) Base flood elevation/flood protection elevation. The water surface elevation of the 100 year flood, which is shown on the Flood Insurance Rate Map (FIRM), assuming only that encroachment on the floodplain that existed when the Flood Insurance Rate Map was adopted (May 2, 1977). Additional and complete encroachment to the floodway encroachment lines will cause the water level to surcharge one (1) foot or less above the flood protection elevation as shown in Table I of the Flood Insurance Study. (e) Construction, existing. Structures for which a building permit was issued before the effective date of flood management regulations. ac's W. (f) Construction, new. Structures for which a building permit was issued on or after the effective date of flood management regulations. (g) Equal degree of encroachment. A standard applied in determining the location of encroachment limits so that floodplain lands on both sides of a stream or river are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach. (h) Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source. (i) Flood Hazard Boundary Map (FHBM). An official map of the City, issued by the Federal Insurance Administrator, where the boundaries of the flood areas having special hazards have been designated as areas AO and Al -A30. (j) Flood Insurance Rate Map (FIRM). An official map of the City on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the City. (k) Flood management regulations. Subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading or erosion control ordinances) and other regulations which provide standards for the purpose of flood damage prevention and reduction. (1) Floodplain or flood -prone -area. Any land area susceptible to being inundated by water from any source. (m) Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. (n) Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or elimin- ate flood damage to real and personal property. (o) Floodway. The area located within the Floodway Overlay Zone and described as the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than one (1) foot at any point. (p) Floodway encroachment lines. The lines marking the limits of floodways on the Flood Boundary and Floodway Map. (q) Floodway fringe. The land located within the Floodplain Overlay Zone and described as the land between the floodway encroachment lines and the maximum elevation subject to inundation by the 100 year flood as defined herein. 79 (r) Habitable floor. Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combina- tion thereof. A floor used only for storage purposes is not a habitable floor. (s) Mean sea level. The average height of the sea for all stages of the tide. Mean sea level shall be used as the elevation datum in Iowa City for purposes of these regulations. (t) Mobile home park or subdivision, existing. Land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced before the effective date of flood management regulations. (u) Mobile home park or subdivision, expansion. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the instal- lation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). (v) Mobile home park or subdivision, new. Land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced on or after the effective date of flood management regulations adopted by the City. (w) Reach. A hydraulic engineering term to describe longitudinal segments of a stream or river. An example of a reach would be the segment of a stream or river between two consecutive bridge crossings. (x) Substantial improvement. Any repair, reconstruction, or improve- ment of a structure, the cost of which equals or exceeds 50 percent of the appraised value of the structure, either (a) before the improvement or repair is started or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. (y) Water surface elevation. The height in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplains of riverine areas. D /_ 4 ELI Sec. 36-33. Floodplain Overlay (OFP) Zone regulations. The uses and regulations applicable to development in the Floodplain Overlay Zone are as follows: (a) Uses permitted. Any use as permitted by the underlying zone shall be permitted in the OFP Zone upon meeting the conditions and require- ments prescribed in this zone. (b) Requirements. (1) In areas where water depths in the 100 year flood range be- tween one (1) and three (3) feet, all new construction and substantial improvements of non-residential and residential buildings shall have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number behind the "AO" designation on the Flood Insur- ance Rate Map, whichever is higher. Alternatively, non-residential buildings, including utility and sanitary facilities, may be completely flood proofed to the highest level mentioned above. The walls and basement floor shall be completely waterproofed and built to withstand lateral and uplift water pressure. (2) In areas Al -A30, all new construction and substantial improve- ments of non-residential and residential buildings shall have the lowest floor, including basement, elevated to or above the 100 year flood level as shown on the Flood Insurance Rate Map. Alternatively, non-residential buildings, including utility and sanitary facilities, may be completely floodproofed to the level of the 100 year flood as shown on the Flood Insurance Rate Map. The walls and basement floor shall be completely waterproofed and built to withstand lateral and uplift water pressure. (3) When flood proofing is used for non-residential buildings, a registered professional engineer or architect shall certify that the flood proofing methods are adequate to withstand the flood pressures, velocities, impact and uplift forces, and other factors caused by the 100 year flood. A record of this certification shall be maintained on file with the building permit by the Building Official. The elevation to which the building is flood proofed (based on mean sea level) shall be attached to the certification. (4) All new individual mobile homes, new mobile home parks, expan- sions of mobile home parks, and mobile home parks where the repair, reconstruction or improvements of the streets, util- ities and pads equal or exceed 50% of their value before the repair, reconstruction or improvement was started, shall have stands or lots that are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the 100 year flood level as shown on the Flood Insurance Rate Map and adequate surface drainage and access 81 for a hauler are provided. When mobile homes are placed on pilings, the lot must be large enough to have steps up to the mobile home. The pilings must be reinforced if they are more than six (6) feet high and they must be placed in stable soil on 10 foot centers or less. (5) Individual building permits shall be required for the place- ment of any mobile home in the floodplain where water depths are one (1) foot or greater in a 100 year flood. (6) All mobile homes placed after the effective date of these regulations in the 100 year floodplain which floods to a depth of one (1) foot or greater, shall be anchored to resist flotation, collapse or lateral movement by providing over -the - top and frame ties to ground anchors. There shall be top ties at each corner with one mid -point tie on each side of mobile homes shorter than 50 feet. Longer mobile homes shall have two ties at intermediate points on each side. There shall be frame ties at each corner with four (4) addi- tional ties on each side of mobile homes shorter than 50 feet. Longer mobile homes shall have five (5) ties on each side. All parts of the anchoring system whall have a strength of 4,800 pounds. Additions to mobile homes shall be anchored in the same way. (7) All mobile home parks shall file an evacuation plan with the Iowa City Police Department showing alternate vehicular access and escape routes. _ (8) For all land development proposals, base flood elevation data on the preliminary plats or plans shall be shown. (9) The City will review all proposed development in the flood- plain to verify that appropriate permits have been obtained from the Iowa Department of Water, Air and Waste Management and to ensure compliance with section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334. (10) The City shall: a. Require permits for all new development including struc- tures and other activities such as filling, paving and dredging in the OFP Zone, and shall require building permits according to Chapter 3 of the Uniform Building Code. b. Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood -prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall be: a -7o 82 1. designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure, 2. constructed with materials and utility equipment resistant to flood damage, and 3. constructed by methods and practices that minimize flood damage. C. Review subdivision proposals and other proposed new developments to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood -prone area, any such proposal shall be reviewed to assure that: 1. flood damage within the flood -prone area is minimized to the extent possible, 2. all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and 3. adequate drainage is provided to reduce exposure to flood hazards. d. Require within flood -prone areas: 1. new and replacement water supply systems designed to minimize or eliminate infiltration of flood waters into the systems, 2. new and replacement sanitary sewage systems to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters, and 3. on-site waste disposal systems located to avoid impairment to them or contamination from them during flooding. Sec. 36-34. Floodway Overlay (OFW) Zone regulations. The uses and regulations applicable to development in the Floodway Overlay Zone are as follows: (a) Uses permitted. The following uses shall be permitted in the OFW Zone to the extent that they are otherwise permitted in the underlying zone: 83 (1) Boat docks, ramps, piers for publicly owned structures. , (2) Dams, provided they are constructed in accordance with regulations of the Public Works Department, The Iowa Department of Water, Air and Waste Management, and other Federal and State agencies. (3) General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuaries, farm and other similar agricultural, wildlife and related uses. (4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses. (5) Lawns, gardens, play areas, bikeways, pedestrian pathways and other similar uses. (6) Parking and loading areas provided they are located no closer than 30 feet to a stream or river bank. (7) Streets, overhead utility lines, creek and storm drainage facilities, sewage or waste treatment plant outlets, water supply intake structures and other similar public or utility uses. (b) Uses permitted by special exception. The following uses may be permitted within the OFW Zone to the extent that they are otherwise permitted in the underlying zone upon approval of a special exception in accordance with the standards, procedures and requirements of Sec. 36- 91., herein. (1) Open storage of any material or equipment. (2) Parking and loading areas located within 30 feet of a stream or river bank. (3) The reconstruction, rehabilitation or restoration of struc- tures listed on the National Register of Historic Places or the State Inventory of Historic Places. (c) Uses and structures prohibited. (1) All fill, encroachments, new construction, any artificial obstruction, substantial improvements of existing structures or other development unless a special exception is granted. (2) Expansion of an existing mobile home park. (d) Requirements. There shall be no encroachment of fill, new con- struction, substantial improvements or any other development that will result in any increase in the 100 year flood level. R72 LE Sec. 36-35. Special exceptions. Uses listed in the Floodway Overlay Zone requiring approval of a special exception may be established only after approval by the Board .of Adjustment upon compliance with the following procedures, standards and requirements: (a) Application. Applications for special exceptions shall be filed with the Board of Adjustment for review and consideration. The appli- cant shall submit to the Board completed forms together with four sets of plans drawn to scale, showing the nature, location, dimensions and elevations of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel floodway and 100 year flood elevation as shown on the Flood Insurance Rate Map. When special circumstances necessitate detailed information by the Board for the evaluation of the effects of the proposed use upon flood flows, the applicant shall furnish the following additional information as is deemed necessary: (1) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) A plan view showing elevations pertinent structures, fill, or. location and special arrangement structures on the site; location water supply, sanitary facilities, land uses and vegetation upstream and other pertinent information. or contours of the ground; storage elevations; size, of all proposed and existing and elevations of streets, photographs showing existing and downstream, soil types, (3) A profile showing the slope of the bottom of the channel. (4) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improve- ments, storage of materials, water supply, and sanitary facil- ities. (5) Additional information as may be required. (b) Standards. The following standards shall apply to special exceptions: (1) Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount placed shall not be greater than necessary to achieve the purpose demonstrated on a plan submitted by the applicant. Any fill or other materials shall be protected against erosion by rip rap, a vegetative cover or bulkheading. (2) The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal, or plant life during times of flooding is prohibited under all 85 conditions; however, storage of other materials or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (c) Factors. In passing on an application for a special exception, the Board shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. In addition, the Board shall consider the following factors although not limited to such factors. (1) The probability that materials may be swept onto other lands or downstream to the injury of others. (2) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to the indi- vidual owner. (4) The availability of alternative locations not subject to flooding for the proposed use. (5) The safety of access to the property in times of flood for ordinary emergency vehicles. (6) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. Sec. 36-36. Non -conforming structures. (a) If any non -conforming structure is destroyed by any means, includ- ing floods, to the extent that the cost of restoration or replacement would equal or exceed 50 percent of the appraised value of the structure before the structure was damaged the following regulations shall apply: (1) If a non -conforming structure is in the floodway, the struc- ture may be reconstructed; however, it shall not be expanded, changed, enlarged or altered in any way which would create an obstruction to water flow greater than that which existed before damage to the structure occurred. Upon reconstruction, the structure shall be adequately and safely floodproofed or elevated to the level of the 100 year flood as shown on Flood Insurance Rate Map. (2) I£ a structure is located in the floodway fringe it may be reconstructed provided it is adequately and safely flood - proofed or elevated in conformance with the requirements herein. (b) If any mobile home or mobile home park is destroyed by any means such that the cost of restoration would exceed 50% of its appraisal ��v r value prior to damage, then such mobile home or mobile home park shall not be rebuilt or replaced if it is located in the floodway. If it is located in the floodway fringe, it shall be rebuilt in conformance with the requirements herein. Sec. 36-37. Variances. (a) General requirements for granting of a variance. In all circum- stances variances may only be granted upon a determination that the variance issuance will not result in increased flood height, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with any other local laws or ordinances. Variances shall not, under any condition, be issued within the floodway if any increase in flood level during the 100 year flood would result. (b) Insurance rates. The issuance of a variance to construct a building below the 100 year flood level will result in increased premium rates for flood insurance coverage because such construction below the level of the 100 year flood increases risks to life and property. The applicant should contact his/her insurance agent for further information. (c) Approval by the Iowa Department of Water, Air and Waste Management. All decisions to grant a variance shall be submitted to the Iowa Department of Water, Air and Waste Management for final approval. The decision to grant a variance shall not be binding until such approval is granted by the Iowa Department of Water, Air and Waste Management. Note: The provisions in Sections 36-30 through 37 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. i -7S LN Sec. 36-38. Airport overlay zones. Sec. 36-39. 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; (c) The prevention of the creation or establishment 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; (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are not considered compatible with airport operations; and (e) It is highly desirable that there be no structures or natural objects or traverse ways in the clear zones and that no incompatible uses be allowed in the clear zone. Sec. 36-40. Definitions. The following definitions only apply in the interpretation and enforce- ment 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 obstruction standards as contained in FAR Part 77 - Subpart C 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 Layout Plan. A drawing in the Airport Master Plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. (e) 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 eleva- tion of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 3 (f) 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. (g) Instrument runway. A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned. (h) Airport Master Plan. A comprehensive plan for development of the airport over a 20 year time period. The Master Plan includes among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the Master Plan, and recommendations for use of land on and adjacent to the airport. The Airport Layout Plan is a component part of the Master Plan. (i) 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 instru- ment approach procedure and where no electronic glide slope is provided. (j) Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. (k) 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. _ (1) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (m) Visual runway. A runway intended solely for the operation of aircraft using visual approach precedures with no straight -in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan or by any planning document submitted to the FAA by competent authority. Sec. 36-41. 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 laying under a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by: i�� I] a. Swinging arcs of 5,000 foot radii from the center of each end of the primary surface of runways 12 and 17 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, 24, 30 and 35 and connecting 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. (3) Use limitation. Sanitary landfills shall not be permitted in the OH Zone. (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. (3) Use limitation. Sanitary landfills shall not be permitted in the OC Zone. (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. 500 feet wide for runways 6, 12, 17, 30 and 35. 2. 1000 feet wide for runway 24. M b. The outer edge of the approach surface is: 1. 1,500 feet for runways 12 and 17. 2. 3,500 feet for runways 6, 30 and 35. 3. 4,000 feet for runway 24. 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 and 17. 2. 10,000 feet at a slope of 34 to 1 for runways 6, 24 and 35. 3. 780 feet at a slope of 20 to 1; thence level at an elevation of 687 feet MSL from 780 feet to 1326 feet; thence from 1326 feet to 10,000 feet at a slope of 34 to 1 for runway 30. (2) Height limitation. No structure shall penetrate the approach surface in the OA Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA Zone. (d) Clear Overlay (OCL) Zone._ (1) Defined. The land longitudinally centered on the runway centerline or extension thereof lying under portions of the OA Zone and described as follows: a. Runway 6 - 1000 feet wide beginning at a point 200 feet from the edge of the existing runway on the extended runway centerline for a horizontal distance of 1000 feet; thence widening uniformly to a width of 1425 feet at a distance of 2700 feet from the point of beginning. b. Runways 12 and 17 - 500 feet wide at the inner edge of the OA Zone and 700 feet wide a distance of 1000 feet from the inner edge. c. Runway 24 - 1000 feet wide beginning at a point 490 feet southwesterly on the runway centerline from the center of the end of the existing runway pavement (including any and all paved safety areas); thence widening uniformly to a width of 1510 feet at a point 1700 feet northeasterly on the extended runway centerline from the point of beginning. D')4 91 d. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone and 1010 feet wide a distance of 1700 feet from the inner edge. (2) Use limitations. No use shall be permitted in which there is connected therewith a building designed according to the Uniform Building Code (1979 Edition) with an occupancy rating of 50 square feet of floor area per person or less. In addi- tion, the following uses shall not be permitted: (a) Campgrounds. (b) Fairgrounds. (c) Hospitals and institutions. (d) Motels and hotels. (e) Nursing and custodial homes. (f) Residential uses. (g) Restaurants and similar eating and drinking establishments. (h) Sanitary landfills. (i) Schools, including nurseries, pre -kindergartens and kindergartens. (j) Stadiums. _ (k) Storage of fuel or other hazardous materials. (1) Theaters. (e) 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 OT Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. M 92 Sec. 36-42. Use restrictions. In addition to the above restrictions on land, the following special requirements shall apply. (a) Any person who proposes any development of greater height than an imaginary surface extending outward and upward at the slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration shall be sent to the Cheif, Air Traffic Division, of the FAA Regional Office in Kansas City, Missouri, and one copy to the Iowa City Airport Commission. (Copies of FAA Form 7460-1 may be obtained form the FAA.) (b) 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. (c) 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 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. (d) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. Sec. 36-43. Special exceptions. (a) The height and use limitations contained in the Airport Overlay Zones may be modified by special exception granted by the Board of Adjustment (the "Board"). However, no such special exception shall be granted unless the Board finds, based upon written reports from the Federal Aviation Administration, and the Aeronautics Division of the Iowa Department of Transportation, that - (1) In an application to permit any structure, tree, or use of land to exceed the height limitations of the Airport Overlay -)Q1 93 Zones, that such structure, tree, or use of land, would not obstruct either the airspace required for the flight of aircraft, or landing and take -off of aircraft at the Airport, and is otherwise not hazardous to such landing or take -off of aircraft. (2) In an application to permit a use of land otherwise prohibited herein, that such use would not be incompatible with airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the Board, file the required written reports of the Federal Aviation Adminstration, and the Aeronautics Division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the Board until such reports have been filed. Note: The provisions in Sections 36-38 through 43 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. ;;?q,) 94 Sec. 36-44. River Corridor Overlay (ORC) Zone. (a) Findings. The Iowa River and adjacent land are valuable natural resources, essential elements in local sewer, water and recreational systems, and serve important biological and ecological functions. The river corridor also functions as the area's most significant natural amenity which plays an important role in the ongoing development of adjacent communities. The prevention and mitigation of irreversible damage to these resources and the preservation and enhancement of their natural, cultural, and historic values is in furtherance of the health, safety and general welfare of the City. (b) Purpose. The purpose of the River Corridor Overlay Zone is to: (1) Protect and preserve the Iowa River as a natural drainageway and source of ground and surface water; (2) Conserve the natural resources of the corridor so that the corridor retains its value as a significant amenity to the adjacent communities; (3) Provide for compatible land uses; (4) Ensure orderly development of residential and recreational uses within the length of the corridor located in the City. (c) Intent. The intent of the River Corridor Overlay Zone is to: (1) Ensure responsible development that will result in the least possible amount of stormwater runoff and erosion along the river corridor; (2) Ensure responsible development that will not impair either the public's visual access to the river or the public's view from the river; (3) Encourage the development of a 100 foot vegetative buffer between the river bank, as defined, and new development; (4) Encourage the use of natural vegetation or other appropriate means of erosion control that are in keeping with the intent of this zone; (5) Encourage the preservation of overstory vegetation for erosion control and for aesthetic purposes. (d) Establishment of River Corridor Zone. The ORC Zone with its attendant regulations is hereby established as part of this Chapter. The ORC Zone shall overlay all other zones established within the boundaries as described in Subsection (e) following. (e) Zone boundaries. The ORC Zone shall apply to the Iowa River Corridor which is delineated on the official zoning map on file in the office of the City Clerk and shall be available for inspection and copy. 95 Sec. 36-45. Definitions. (a) Floodway encroachment lines. The lines marking the limits of floodways on the Flood Boundary and Floodway Map. (b) Horizontal setback. A horizontal line drawn landward from the floodway encroachment line or the river bank, as defined, which is perpendicular to the floodway encroachment line and/or the river bank. (c) River bank. Water level line at 6,000 cubic feet per second (cfs) outflow from the Coralville dam. Sec. 36-46. ORC Zone Regulations. (a) Permitted uses. Uses permitted in the ORC Zone shall be the same as those otherwise allowed in the underlying zone subject to the require- ments of Subsection (b) of this section. In addition, commercial river recreational uses shall be permitted in underlying industrial and commercial uses. (b) General requirements. All development shall meet the following requirements: (1) Compliance with the Flood Plain Ordinance where applicable; (2) A thirty (30) foot horizontal setback from the floodway encroachment line or the river bank, as defined; except that any owner/developer shall be allowed to build a pedestrian and/or bicycle path in the 30 foot setback area; in the event that the floodway encroachment line and the river bank are not the same, the basis of the setback shall be at the discretion of the owner/developer; (3) Land use capability suitable to the type of development proposed, as determined by evaluation of soils, slope and vegetation, according to the specified development limitations of soil types published in the U.S. Department of Agriculture Soil Conservation Service's Soil Survey of Johnson County, Iowa, May 1980, or any subsequent amendments thereto; (4) Stormwater management in conformance with the applicable requirements of the Iowa City Design Standards for Public Works; (5) Erosion control in conformance with the applicable requirements of the Iowa City Design Standard for Public Works. Erosion control may be accomplished according to construction measures in Streambank Erosion Control Methods published by the U.S. Army Corps of Engineers, except that the use of tire mats, wire fences and auto bodies is prohibited; (6) Retention or replacement of vegetation that provides bank stability in the floodway and/or the setback area; (7) Screening shall be provided in accordance with Sec. 36-76 (Performance Standards); (8) Signs, except public signs, shall not be located within 100 feet of the floodway encroachment line unless located only where they do not impair visual access to the river and where they cannot be viewed from the river. (c) Site plan requirements. No building permit shall be issued until a site plan has been prepared and approved in accordance with the pro- cedures of Chapter 27, Article III, Division 1 and 2, LSRD and LSNRD's and the general requirements and special provisions of this zone. (1) Exemptions. No site plan shall be required for a single- family dwelling nor for the extension, enlargement, change or alteration thereof, nor accessory structures thereto. However, upon application for a building permit, the Building Official shall require such additional information as necessary to determine compliance with the regulations of this zone. (2) Site plan contents. In addition to standard site plan require- ments of Chapter 27, Article III, the following information shall be provided on or with the site plan: a. Contours at two (2) foot intervals and a clear delineation of all streams, including intermittent streams, water bodies, and wetlands located on the site. Floodway and Fringe Overlay Zone boundaries shall also be indicated; b. Location of the_30 foot setback area; C. Existing drainage of the stormwater, including the direction, volume and at what rate stormwater is conveyed from the site; and the areas of the site where stormwater collects and is gradually percolated into the ground or slowly released to a tributary stream or the river; d. Types and location of the soils of the site, as well as a soil report containing information on the suitability of the soils for the type of development, as published in the U.S. Department of Agriculture, Soil Conservation Service's Soil Survey of Johnson County Iowa, March 1980, or any subsequent amendments thereto. All areas proposed for grading shall be identified by soil type, both as to soil type of the existing top soil and soil type of the new contour. e. Location and amounts of excavated soils to be stored on site during construction; f. A description of any features, buildings or areas which are listed by the Iowa State Division of Historic Preservation; -)124 g. Location, type, size and general description of existing vegetation, vegetation proposed for removal and proposed landscape materials which will be added to the site as part of the development; h. An erosion control and sedimentation plan as required by applicable provisions of the Design Standards for Public Works Improvements of Iowa City. (d) Special provisions. (1) If an owner/developer of a residentially zoned parcel, part of which is located in the ORC Zone, agrees to leave the portion in the ORC Zone undeveloped, the owner/developer shall be allowed to develop the remainder of the parcel according to OPDH regulations, as specified in Sec. 36-47 without applying for a change in zoning. M Sec. 36-47. Planned Development Housing Overlay (OPD -H) Zone. (a) Preliminary plan. Whenever the owner of a tract of land, composing an area of not less than two (2) acres, wishes to develop in accordance with the provisions of this section, there shall be submitted to the City Clerk six (6) copies of a preliminary plan and application for preliminary approval. The preliminary plan for the use and development of the tract of land may show variations from requirements of the particular zone in which the tract of land is located. The application shall be accompanied by the following: (1) A location map. (2) A preliminary plan of the planned development drawn to a scale of 1" = 100`, said plan to show: a. Contours at five (5) foot intervals or less. b. Approximate location of all proposed streets. C. Proposed use of the land (shown by zoning classification that would be most suitable for building type and popula- tion density in the planned development or in any subarea thereof). d. Proposed overall population density of the planned development. e. Proposed general arrangement of the buildings. f. Location and area of proposed open space areas (either to be held in common or publicly, whether to be used for active recreation purposes or as only an environmental amenity). g. Sketches to indicate the general design of building types and the overall character of the development. h. A fee in an amount established by resolution shall be paid at the time the preliminary planned development plan, or any combination of preliminary plans and/or plats, is submitted to the City Clerk. (b) Preliminary approval. Procedure for preliminary approval of any planned development shall be in accordance with preliminary approval of subdivision and large scale residential developments. (c) Final plan. The final plan shall meet all of the requirements of the preliminary plan and meet the specifications of the subdivision and large scale residential development regulations where applicable. (d) Final plan of subarea. After preliminary approval of the entire planned development is given, a final plan of a segment or subarea within the planned development may be given if: )Q7 M (1) The plan of the subarea meets all requirements of a final plan. (2) The dwelling unit density within the subarea does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning. (3) It is conclusively shown that the subarea can function as an independent development unit with adequate access, services, utilities, open space, etc. (4) The developer dedicates all public rights-of-way necessary to support the subarea. (5) A fee in an amount established by resolution shall be paid at the time the final planned development, or any combination of preliminary and final plats and/or plans, is submitted to the City Clerk. (e) General requirements. (1) Land uses. Combinations of land uses including single family, multi -family and commercial uses are permitted and variations in building setbacks and lot area requirements as called for in this Chapter may be approved for planned developments. (2) Dwelling unit density. The overall dwelling unit density (total land area minus street right-of-way area) within the planned development may be computed on the basis of that permitted for the least restrictive use, depending upon the character of the development, which would be allowed under the applicable zoning classification(s). (3) Open space. Planned developments shall take into consideration the need to provide open space for recreational purposes and to enhance the general character of the area. a. In the event the open space land is to be retained under private ownership, the developer must submit a proposed legally binding instrument setting forth the procedures to be followed in maintaining the areas and the means for financing maintenance costs. b. All proposed dedications of land for public use including that to be dedicated for recreational use shall be approved in writing by appropriate departments of the city prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (4) Ownership. At the time of final approval of a planned develop- ment by the Commission, the developer must submit evidence of ownership of the property to be developed or show evidence of legally binding executed option agreements for purchasing all of the property. 100 (5) Dedication of public right-of-way. All proposed dedications of land for public use including that to be dedicated for recreational use shall be approved in writing by appropriate departments of the city prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (6) Streets. Planned developments shall make provision for con- tinuation and extension of arterial and collector streets and shall be done in accordance with current city standards. (7) Schedule of completion. A developer or sponsor of a planned development shall be required to submit a signed statement generally describing the proposed development and setting forth an intended time schedule for the completion of various phases. (f) Report of the Planning and Zoning Commission. Upon completion of review of the proposed planned development, the Commission shall prepare a written report to the City Council to substantiate their stated recom- mendation. This report shall deal with the following: That the variances in setback, lot area requirement, building heights, building types, sizes of buildings, and the combination of land uses will be in the public interest, in harmony with the purpose of this Chapter and other building regulations of the city and will not adversely affect nearby properties; and that the parking requirements of this Chapter otherwise prevailing in the zone have not been reduced. (g) Final approval. After the recommendations of the Commission have been filed or if the Commission does not report back in 45 days, the Council shall, before giving final approval to any planned development, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a newspaper have a general circulation in Iowa City. After proper approval of the plan, permits may be issued to carry out the approved plan even though it may not conform in all respects to other obligations of this Chapter. (h) Building permits. The final plan or parts thereof as finally approved by the Council shall be filed with the Building Official's office and all building construction permits shall be issued on the basis of conformance with the plan. Minor changes in building arrange- ments that do not substantially alter the character of the development are allowable. Any other changes, including changes in street locations, land use and building arrangements, shall be considered as amendments to the approved final plan and must be considered and acted upon by the Commission and the Council prior to issuing building permits related to such changes. In the event commercial uses are approved as a part of a planned develop- ment, a building permit for the commercial uses shall not be issued until a minimum of 25% of the housing units planned for the area (or 101 approved subarea) have been completed or will be built simultaneously. Separate building permits shall be obtained by the developers for the construction of housing and commercial uses where separate buildings are to be used. Note: The provisions in Section 36-47 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. Sec. 36-48. Reserved Sec. 36-49. Reserved 102 Sec. 36-50. Historic Preservation Overlay (OHP) Zone. Sec. 36-51. General. (a) Purpose. The purpose of the OHP Zone is to: (1) 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. (2) Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural significance. (3) Stabilize and improve property values by conservation of historic properties. (4) Foster civic pride in the legacy of beauty and achievements of the past. (5) Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. (6) Strengthen the economy of the City, and (7) Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the -City. Sec. 36-52. Definitions. The following definitions apply only in the interpretation and enforce- ment of the OHP Zone and in no other zone. (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 103 city codes. Furthermore, nothing in this definition shall be construed to prohibit or 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 Ordinance No. 82-3098. (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) 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. Sec. 36-53. Applications for Certificates of Appropriateness. (a) No individual or corporation shall undertake a change in appearance of a building or site within an OHP Zone for which a regulated permit 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. No additional improvements requiring a Certificate of Appropriateness shall be imposed upon the applicant unless approved by the City Council subsequent to the Commission's recommendation. (b) Application for a Certificate of Appropriateness shall be made to the Building Official. The application should include drawings, photo- graphs, sketches and other exhibits portraying the work to be accomp- lished 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 other information to the Commission, unless the application pertains solely to the interior of the structure. (d) All applications received before the closing date, to be estab- lished 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 104 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." (e) 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. (f) 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 thg 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. (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 —)017 105 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. Sec. 36-54. 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. (b) 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. (c) 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. 106 DIVISION 3. ADDITIONAL REGULATIONS Sec. 36-55. Use and requirements. The following principal uses are listed as provisional uses or special exceptions in various zones in this Chapter. These uses are required to meet the regulations indicated, in addition to the regulations of the zone in which the uses are allowed, only when this Division is referred to in the requirements for each use. In case of any conflict between the regulations of the zone in which the use is allowed as a provisional use or special exception and the additional regulations of this Division, the most restrictive regulations shall govern. (a) Airports, heliports and helistops. (1) The area shall be sufficient to meet the Federal Aviation Agency's requirements for the class of airport proposed. (2) No existing tall structures or natural obstructions outside the proposed airport, which would protrude above the approach zones established for the proposed runways or landing strips, shall be permitted to remain. (3) Certification shall be obtained from the Federal Aeronautics Administration that airport traffic will not interfere with the flight pattern of the Iowa City Airport or any other nearby airport. (b) Cemeteries and mausoleums. (1) Area. Any new cemetery shall be located on a site containing not less than 20 acres. (2) Setback. All structures including but not limited to a mausoleum, permanent monuments or maintenance building shall be set back not less than 30 feet from any property line or street right-of-way line and all graves or burial lots shall be set back not less than 10 feet from any property line or street right-of-way. (c) Child care facilities. The following requirements shall apply when more than six (6) children are to be cared for for more than two (2) hours at a time. (1) A fenced outdoor play area of not less than 100 square feet per child using the area at any given time shall be provided. (2) No playground equipment shall be permitted in the front or side yards. (3) Fenced play areas shall be enclosed or protected, well drained, free from hazards, and shall be readily accessible to the center. -) n c 107 (4) The center shall be provided with at least 35 square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms, and halls. (5) In addition to the requirements above, the facility's operation and maintenance shall meet all applicable state requirements. (d) Clubs. (1) Clubs shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements. a. Minimum lot area: 40,000 square feet. b. Minimum yards: 1. Front yard - 30 feet 2. Side yard - 30 feet 3. Rear yard - 50 feet 4. Parking - not closer than 20 feet to a side or rear lot line. C. Building bulk: 1. The maximum permitted floor area ratio shall be 0.3. 2. The maximum permitted building coverage shall be 15%. (e) Drive-in theaters. (1) The site shall have direct access to a primary or secondary arterial street as identified on the Comprehensive Plan Map. (2) The viewing side of the theater screen shall not be visible from within 1000 feet of any existing or proposed public street. (3) Cars parked in the viewing area shall be screened on all sides by a solid wall or fence not less than six (6) feet in height. (4) All entrances and exits shall be separated and internal circulation shall be laid out to provide one-way traffic. (5) Sale of refreshments shall be limited to patrons of the theater. (6) No central loudspeakers shall be permitted. (7) Amusement areas shall be limited to patrons of the theater. (f) Dwellings, zero lot line and townhouses. (1) Where the abutting lot has been developed with a principle building having a setback of more than zero feet but less than 10 feet from the side lot line in common, the zero lot line dwelling shall be located such that there is a minimum of 10 feet between unattached buildings. An easement from the abutting lot owner shall be secured prior to the issuance of a building permit to ensure that a zero or 10 foot separation is retained. (2) No portion of a wall, roof, yard shall project over the shall be prohibited. or appurtenance on the zero side lot line. Openings in the wall (3) Legal provision shall be made for permanent access for the maintenance of the exterior portion of the proposed building wall located upon the lot line and for other common elements such as aisles. A permanent ten foot maintenance easement to provide such access shall be secured prior to issuance of a building permit. (4) Each end unit of a townhouse shall have one (1) side yard of a minimum of 10 feet. (5) Each dwelling unit shall be provided with separate building access and with separate utility service from the street or rear lot line. (g) Elderly housing. (1) Elderly housing shall be located within 600 feet of a public transit system with regular routes. (2) Dimensional requirements: a. Minimum lot area per unit: 300 square feet. b. Minimum yards: none. C. Minimum separation. Two (2) or more separate buildings on the same lot shall be separated by a minimum horizontal distance equal to one of the following: I. The height of the highest building; or 2. Eight (8) feet plus two (2) feet for each additional story above the second story, provided that no window of a dwelling unit is located on a side next to an adjacent building below the height of the adjacent building; or 3. Two (2) times the height of the adjacent building above the window sill of any window of a dwelling unit located on the side next to the adjacent building. (See figure below). The distance shall in no case be less than eight (8) feet plus two (2) feet for each story above the second story. The ,249-7 109 above conditions 1, 2 or 3 shall apply to a building for elderly housing and a building on an abutting lot. Elderly Housing Building . (h) Extraction. ndaw 5111 Adjacent Building (1) Approval for the withdrawal of water, if required, shall be obtained from the Iowa Department of Water, Air and Waste Management. (2) Approval for operation in a floodplain shall be obtained from the Iowa Department of Water, Air and Waste Management. (3) A license to operate from the Iowa Department of Soil Conservation - Division of Mines and Minerals shall be obtained. Failure to maintain said license shall constitute abandonment. _ (4) Extraction shall not occur within 1000 feet of an R zone. (5) Extraction shall not occur within 100 feet of abutting property or a street. (6) Compliance with all other applicable state regulations shall be met. (i) Funeral homes. (1) Funeral homes shall be located with access to a secondary or primary arterial street as identified on the Comprehensive Plan Map. (2) The site shall have a minimum frontage of 120 feet and a minimum lot area of 40,000 square feet. (j) Junk yards. (1) No operation shall be permitted closer than 1000 feet from any established R zone. (2) All outdoor storage shall be conducted entirely within an enclosed fence, wall, or other solid screen except for driveway i i 2 �� ndaw 5111 Adjacent Building (1) Approval for the withdrawal of water, if required, shall be obtained from the Iowa Department of Water, Air and Waste Management. (2) Approval for operation in a floodplain shall be obtained from the Iowa Department of Water, Air and Waste Management. (3) A license to operate from the Iowa Department of Soil Conservation - Division of Mines and Minerals shall be obtained. Failure to maintain said license shall constitute abandonment. _ (4) Extraction shall not occur within 1000 feet of an R zone. (5) Extraction shall not occur within 100 feet of abutting property or a street. (6) Compliance with all other applicable state regulations shall be met. (i) Funeral homes. (1) Funeral homes shall be located with access to a secondary or primary arterial street as identified on the Comprehensive Plan Map. (2) The site shall have a minimum frontage of 120 feet and a minimum lot area of 40,000 square feet. (j) Junk yards. (1) No operation shall be permitted closer than 1000 feet from any established R zone. (2) All outdoor storage shall be conducted entirely within an enclosed fence, wall, or other solid screen except for driveway 110 areas. Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street, or highway. Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Junk or salvage materials shall not be piled higher than the height of the fence, nor against the fence. (3) For fire protection, an unobstructed firebreak shall be maintained, 15 feet in width and completely surrounding the junk yard. (4) The storage of rags, paper, and similar combustible waste shall not be closer than 100 feet to any property line, unless enclosed in a masonry building of not less than four-hour fire resistive construction. (k) Kennels and veterinary establishments. No kennel area or animal yard shall be located within 400 feet of any dwelling not located on the premises. (1) Nursing homes. (1) Nursing homes shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements: a. Minimum lot area: 600 square feet of lot area per each bed. b. Minimum yards: 1. Front yard - 40 feet 2. Side yard - 30 feet 3. Rear yard - 25 feet C. The maximum permitted building coverage shall be 40%. (m) Religious institutions. (1) Religious institutions shall be streets as identified on the street pavements wider than 28 (2) Dimensional requirements. located with access to arterial Comprehensive Plan Map or on feet. WA ill a. Minimum lot area: 40,000 square feet. b. Minimum yards. Two feet of horizontal distance shall be provided for each foot of building height measured between the nearest point of any lot line and the nearest point from which the height is measured. (n) Stables. Such structures shall be located at least 1000 feet from any R zone boundary. 30o 112 ARTICLE III. ACCESSORY USES AND REQUIREMENTS. Sec. 36-56. Permitted accessory uses and buildings. Accessory uses, buildings or other structures customarily inciden- tal to and commonly associated with a permitted use, provisional use or special exception shall be permitted provided they are operated and maintained under the same ownership, located on the same lot (except as otherwise provided), do not include structures or structural features inconsistent with the uses to which they are accessory, and conform to the specific requirements contained herein. The accessory uses, buildings or other structures permitted in each zone may include the following: (a) In the ID Zone. (1) Communication towers and satellite receiving devices provided their distance from an R zone is at least equal to the height of the tower. (2) Fences as regulated by Sec. 36-65. (3) Gazebos, enclosed patios and similar buildings for recreational use. (4) Home occupation. (5) Off-street parking as regulated by Sec. 36-58. (6) Private garages. _ (7) Private greenhouses or conservatories. (8) Private recreational uses and facilities including but not limited to swimming pools and tennis courts. (9) Roadside stands for the sale of produce grown on the premises provided that such a stand shall not contain more than 600 square feet of floor area, the stand is located not less than 20 feet from a street, and access to the stand is from an entrance to the farm or residence. (10) Signs as regulated by Sec. 36-60. (11) Structures for the shelter of household pets, except kennels. (b) In the RR -1, RS -5, RS -8 and RMH Zones. (1) Communication towers and satellite receiving devices provided they shall not be located in the area between the street and principal building, within the (required) side yard, nor on the roof of any building. gni 113 (2) Fences as regulated by Sec. 36-65. (3) Gazebos, enclosed patios and similar buildings for passive recreational use. (4) Home occupations provided that no home occupation shall be permitted in which there is associated therewith: a. Any commodity sold upon the premises except that which is produced thereon or is accessory to the home occupation conducted on the premises. b. Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building. C. Any exterior display, exterior storage of materials, signs (except as otherwise permitted), house calls after 9:00 p.m. or before 8:00 a.m., or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes. d. Employees other than those residing on the premises. (5) Horses and ponies and structures for the shelter of horses and ponies, except commercial stables, shall be permitted in the RR -1 zone but not in the RS -5, RS -8 and RMH zones. The minimum lot area provided shall be two (2) acres for the first horse or pony plus one (1) acre for each additional horse or pony. (6) Off-street parking for a use permitted in the zone in which the off-street parking is located, as regulated by Sec. 36-58. (7) Private garages. (8) Private greenhouses or conservatories. (9) Private recreational uses and facilities including but not limited to swimming pools and tennis courts. (10) Signs as regulated by Sec. 36-60. (11) Storage building for the storage of wood, lumber, gardening equipment and other materials and equipment exclusively for the use of the residents of the premises but not including a storage building for commercial purposes and provided that only one such building shall be permitted on a lot. (12) Structures for the shelter of household pets except kennels. (c) In the RM -12, RS -12, RNC -20, RM -20, RM -44, and RM -145 Zones. In addition to the accessory uses included in subsection (b), storage buildings and off-street loading shall be permitted. ,302 114 (d) In the C zones. (1) For residential uses, the accessory uses included in subsection (c) shall be permitted. (2) For commercial use's' there' may be any accessory use provided that: a. Except in the CI -1 Zone, the floor area for storage and warehousing shall not exceed 40 percent of the total floor area, b. Fences are erected according to Sec. 36-65. C. Off-street parking and loading are provided according to Sec. 36-58 and Sec. 36-59. d. Signs are erected according to Sec. 36-60. e. A communication tower's distance from an R zone shall be at least equal to the height of the tower. (e) In the ORP and I zones. There may be any accessory use including but not limited to printing, publishing, design, development, fabrication, assemblage, storage and warehousing, and child care facilities provided that: (1) Fences are erected according to Sec. 36-65. (2) Off-street parking and loading are provided according to Sec. 36-58 and Sec. 36-59. (3) Signs are erected according to Sec. 36-60. (4) A communication tower's distance from an R zone is at least equal to the height of the tower. Sec. 36-57. Accessory use and building regulations. (a) Detached accessory uses and buildings. In all zones, except as otherwise provided, detached accessory uses and buildings shall be subject to the following requirements: (1) Time of construction. No accessory building shall be con- structed prior to the start of construction of the principal building. (2) Setback from property lines. Except as otherwise provided, an accessory building shall be separated from lot lines in compliance with the following requirements: a. Accessory buildings, except for roadside stands, shall not be located in a front yard and garages and carports shall be located to provide a minimum 20 foot length "aisle" between the building and the street right-of-way line. :; n.3 115 b. In R zones an accessory building shall not be located closer than five (5) feet to a side lot line or a rear lot line; however, an accessory building may be located to within three (3) feet of a side or rear lot line if it is located at least 60 feet from the street. In an ORP Zone, an accessory building shall not be located in a side or rear yard. An accessory building for a zero lot line dwelling shall comply with the above requirements and shall not be located in the required 10 foot side yard. C. Setback from alley. When a garage or carport is entered directly from an alley, it shall not be located closer than 10 feet from the alley right-of-way line. (3) Setback from principal building. No portion of an accessory building shall be located closer than six (6) feet to the principal building. (4) Maximum rear yard coverage. In R zones, accessory buildings shall not occupy more than 15 percent of the rear yard area. (5) Maximum height. Accessory buildings and structures shall not exceed a height of 15 feet in R zones nor the maximum height permitted for a principal building in other zones. (b) Attached accessory buildings. Attached accessory buildings shall be located pursuant to the requirements for principal buildings. Attached garages and carports shall be located on a lot such that a minimum 20 foot length "ais1,e" between the building and the street right-of-way line is provided. Soy 116 Sec. 36-58. Off-street parking requirements. When required, off-street parking and stacking spaces, aisles and drives shall be provided and maintained in compliance with the following requirements: (a) Required number of off-street parking spaces. In all zones, except in the CB -10 zone unless specifically required, there shall be provided prior to the occupation of a building or commencement of a principal use a minimum number of off-street parking and stacking spaces as follows: Principal Use Zone Number of Spaces (1) Residential uses. a. Family care facility Where permitted Four (4) parking spaces. b. Hotels and motels 1. Where permitted One and a quarter (1'k) parking except CB -10 spaces for each guest unit. 2. CB -10 Parking spaces shall be furnished by providing spaces within a publicly owned parking facility located within 300 feet of the hotel or motel, as specified by a written agreement between the owner of the hotel and the owner of the parking facility; or one and one- quarter (1.k) parking spaces for each guest unit on the same lot as the use served or within 300 feet. C. Mobile and modular RMH Two (2) parking spaces homes. for each home. d. Multi -family dwellings 1. Where permitted According to the following except high- table: rises in the RM -145 and Floor area Parking spaces and CB -2 zones (sq. ft.) per dwelling unit up to 800 1.5 800 and over 2.0 2. High-rises in One (1) space for each the RM -145 dwelling unit. and CB -2 zones. (2) e f L L 8 117 Multi -family dwellings 1. Where permitted One (1) parking space for (elderly housing) except CB -2 and each dwelling unit. CB -10 2. CB -2 One (1) parking space for each two (2) dwelling units. 3. CB -10 One (1) parking space for each four (4) dwelling unit! Rooming houses and Where permitted One (1) parking space for apartment hotels, each 200 square feet of floor area. Fraternity/sorority Where permitted One (1) parking space for houses each 300 square feet of floor area. Single family dwellings, Where permitted duplexes and townhouse units. Transient housing. Where permitted Commercial uses. a Two (2) parking spaces for each dwelling unit. One-quarter ('k) parking space per occupant, based on the maximum number of occupants. Automobile Where permitted Stacking spaces equal in laundries number to five (5) times (car washes). the maximum capacity of the automobile laundry for each wash rack (bay or tunnel) or three (3) times the maximum capacity for a coin operated laundry for each wash rack; in addition, one (1) parking space for each two (2) wash racks. Maximum capacity, in this instance, shall mean the greatest number of automobile: undergoing some phase of laundering at the same time. Automobile gasoline Where permitted One (1) stacking space and service stations. for each island of pumps and each service stall plus one (1) parking space for each four (4) pumps and service stall. Parking spaces shall be provided in 306 118 lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. C. Automotive repair Where permitted One (1) parking space for garages each 300 square feet of floor area. d. Banks, savings and Where permitted One (1) parking space loan institutions, for each 200 sq. ft. of and credit unions. floor area. Drive-in establishments shall, in addition, provide six (6) stacking spaces per external teller or customer service window designed for drive-in service but need not exceed 18 total spaces. e. Funeral homes. Where permitted Parking spaces equal in number to one-half (') the occupant load in the chapel. f. Furniture, major Where permitted One (1) parking space for appliance, and floor each 500 square feet of covering stores _ floor area. and repair shops. g. Grocery stores and Where permitted One (1) parking space for supermarkets. each 180 square feet of floor area. h. Laundry and dry Where permitted One (1) parking space for cleaning establish- each two (2) laundry and/or ments (coin dry cleaning machines. operated). i. Laundry and dry Where permitted One (1) parking space for cleaning establish- each 300 square feet of meats and collection floor area. stations. j. Machinery sales. Where permitted One (1) parking space for each 800 square feet of floor area. k. Motor vehicle sales Where permitted One (1) parking space and rentals. for each 500 square feet of floor area. 2 n-� 119 1. Offices. 1. Where permitted One (1) parking space for except CB -2. each 200 square feet of floor area. 2. CB -2. One (1) parking space for each 300 square feet of floor area. M. Offices -clinics. Where permitted Two (2) parking spaces for each office, examining room and treatment room provided; however, there shall not be less than five (5) spaces. n. Personal service Where permitted Two (2) parking spaces businesses - beauty for each barber or beauty parlors, barber shops. parlor chair. o. Personal service Where permitted One (1) parking space businesses (other for each 150 square than listed). feet of floor area. p. Rental agencies - Where permitted One (1) space for each equipment and 500 square feet of interior supplies and exterior storage area for rental supplies and equipment. q. Restaurants and Where permitted One (1) parking space for establishments each 150 sq. ft. of floor dispensing food area, or parking spaces or beverage for equal in number to consumption on the one-third (1/3) the premises. occupant load of the seating area, whichever is less. r. Restaurants - Where permitted One (1) parking space for drive-in or each 50 sq. ft. of floor carry out. area, but not less than 5 spaces. S. Retail stores and Where permitted One (1) parking space for shops (other than each 200 sq. ft. of retail listed). floor area. t. Studios and stations- Where permitted One (1) parking space for earl radio and televion. 400 sq. ft. of floor area. M!i 120 (3) Industrial uses. a. Contractor and Where permitted The sum total of parking construction estab- spaces shall be determined lishments and yards. on the basis of the parking spaces required for uses individually such as office area and warehouse space. b. Junk yards Where permitted The sum total of parking spaces shall be determined on the basis of the park- ing spaces required for uses individually such as office area and garage space. C. Laboratories - Where permitted One (1) space for each 600 research, develop- sq. ft. of floor area. ment and testing. d. Manufacturing or Where permitted One (1) parking space for establishments engaged each 600 sq. ft. of floor in production, processing, area. packing and crating, cleaning, servicing, or repair of materials, goods, or products. e. Motor and railroad Where permitted One (1) parking space for freight terminals - each 800 sq. ft. of floor cartage, express and area. parcel delivery. f. Printing and pub- Where permitted One (1) parking space for lishing establish- each 300 sq. ft. of floor ments. area. g. Warehouses. Where permitted According to the following table: Square feet Number of of gross floor area parking spaces up to 25,000 25,000 plus One (1) for each 1000 square feet to a maximum of five (5) Five (5) plus one (1) additiona for each 5,000 square feet above 25,000 square fee 3n9 121 (4) Institutional uses. a. Civic, cultural Where permitted One (1) parking space for and historical except CB -2 each 800 sq. ft. of floor institutions. area used or intended to be used by the public. b. Homes - children's, Where permitted For group care facilities aged, convalescent, and children's homes, rest and nursing one (1) parking space for homes and group each staff member determined care facilities. by the maximum number of staff present at any one time and one (1) parking space for every two (2) occupants. For other uses, one (1) parking space for each three (3) beds. C. Hospitals, including Where permitted One and three quarters sanitariums and (1 3/4) parking spaces asylums. for each hospital bed. d. Schools - generalized Where permitted Two (2) parking spaces private instruction, for each classroom. elementary and junior high and specialized private instruction. e. Schools - generalized Where permitted 10 parking spaces private instruction, for each classroom. senior high. f. Schools - daycare Where permitted One (1) parking space, center/preschool which may be located on a regularly constructed aisle, for each six (6) children. (5) Places of assembly, worship, recreation, entertainment and amusement. a. Bowling alleys. Where permitted Four (4) parking spaces for each alley. b. Clubs and lodges. Where permitted Parking spaces equal in number to one-third (1/3) of the occupant load of the lodge or meeting room or the largest room in the building, whichever is greater. 3(o 122 C. Establishments or enterprises of a recreational or an entertainment nature (for uses not otherwise listed): 1. Spectator type - Where permitted Parking spaces equal in auditoriums, number to one-fourth sports arenas, (1/4) the occupant load theaters, stadiums, of the seating area. and meeting halls. 2. Participating Where permitted Parking spaces equal in type - skating number to two-thirds (2/3) rinks, dance the occupant load of the halls, tennis area used for the courts, swimming participatory sport or pools, archery activity. ranges, gynmasiums, pool halls. d. Golf course. Where permitted Three (3) parking spaces for each green (hole). e. Golf driving Where permitted One (1) parking space range. for each tee, if pro- vided, or one (1) parking space for each _ 20 feet of range width (along the tees). f. Libraries, museums Where permitted One (1) parking space for and art galleries. each 300 sq. ft. of floor area. g. Religious institu- Where permitted Parking spaces equal in tions. number to ane -sixth (1/6) the occupant load in main auditorium or the largest room in the building, whichever is greater. (6) Other uses. For uses not listed, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the Building Official. (b) General rules applicable to off-street parking. The following rules shall govern in the design, location and number of off-street parking and stacking spaces, aisles and drives. (1) Where a fractional space results, the number of parking and stacking spaces required is the closest whole number. 123 (2) Whenever a use existing prior to the effective date of this Chapter is enlarged to the extent of less than 50 percent in floor area, the addition or enlargement shall comply with the parking requirements set forth herein. (3) Whenever a building existing prior to the effective date of this Chapter is structurally altered by one or more additions, the sum total of which increases the floor area to the extent of 50 percent or more, the uses contained within the original building and all enlargements shall thereafter comply with the parking requirements set forth herein. (4) Whenever a use existing prior to the effective date of this Chapter is converted to another use, the use shall thereafter comply with the parking requirements set forth herein. However, a use, for which there presently is not provided the required number of parking or stacking spaces, may be converted to another use without full compliance with the required number of parking or stacking spaces, provided that: a. If a greater number of parking or stacking spaces is required for the converted use than for the present use, the increased number of parking or stacking spaces shall be provided in addition to the number of parking spaces that presently exist; and b. In addition to the spaces required under subparagraph a, or if subparagraph a is not applicable, as many additional parking or stacking spaces shall be provided as the physical -limitations of the lot, building or other provisions of this Chapter will allow. (5) In the case of mixed uses, the parking and stacking spaces required shall equal the sum of the requirements of the various uses computed separately. (6) The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles, or the major repair of vehicles is prohibited in required off-street parking and stacking spaces. (c) Construction, design and location requirements. (1) Construction. All parking aisles shall be constructed permanent dust free surface. and stacking spaces, drives and of asphalt, concrete or similar (2) Design. Parking and stacking spaces, aisles and drives shall .be designed as follows: a. Parking areas shall have the minimum dimensions illustrated in Figure 1 for each of the parking configurations permitted (where the edges of parking spaces are curved, as on a curved aisle, all angles shall 31a 'u r -M 73 97 VV CO 12207 �p In 53-1�Vv Tom rl 1 T L,gco'Te,ci EI 3�SIt/ w M, El .01 h .61 137TV121vi F-] .61 - 61 Fz a 'Z c ,,Noi5r\r aw— 124 be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersection). b. Up to one-third (1/3) of the required number of parking spaces may be eight (8) feet in width by 15 feet in length if the parking spaces are signed "Compact Vehicles Only." c. All parking spaces shall be connected to an aisle which shall have a minimum width as indicated in Figure 1. Aisles designed for two-way traffic shall have a minimum width of 22 feet. d. The greatest aisle width shown in Figure 1 shall be provided when combining different parking space config- urations on the same aisle. e. Except for single family dwellings, duplexes and townhouse units, parking spaces shall be designed to permit ingress and egress of the vehicle without moving any other vehicle occupying a parking space. For single-family dwellings, duplexes and townhouse units, when located pursuant to the requirements of this Chapter, one space may be behind another. f. No parking area shall be designed in such a manner that exiting a parking area would require backing into a street. g. No parking area with more than eight (8) parking spaces shall be designed in such a manner that exiting the parking area would require backing into an alley. h. Parking spaces along lot lines and alleys shall be pro- vided with car stops or curbing so no part of a parked vehicle can extend beyond the lot line or into the alley. i. All parking spaces, stacking spaces, drives and aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water from such areas onto streets and alleys which do not have adequate drainage facilities as determined by the City Engineer. j. In all parking areas required by this Chapter, parking spaces shall be visably delineated on the surface by painted or marked stripes. k. If two or more parking areas on a lot are connected by a drive, the parking areas shall be designed such that an aisle connected to more than 12 parking spaces is not used as a drive in providing access to another parking area. 31q 125 (3) Location. Parking spaces, aisles and drives shall be located as follows. a. General. 1. Off-street parking and stacking spaces, aisles and drives shall be located on the same lot as the use served except as provided in subsection (d). 2. In all R zones, except for zero lot line dwellings, and in all other zones abutting an R zone, drives and aisles shall not be located closer than three (3) feet to a lot line or an R zone boundary unless pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines for the purpose of storm water runoff. 3. Parking areas in a C or I zone shall not be located closer than five (5) feet to an R zone. 4. No parking space shall be located closer than five (5) feet to a ground floor doorway or a window of a principal building. b. Front yard. 1. Except as provided below, in R zones and in the C and I zones within 50 feet of an R zone, no parking shall be permitted in the front yard. 2. For detached single family dwellings in the R zones, one (1) of the required parking spaces may be provided in the front yard on a regularly constructed aisle provided that not less than 50 percent of the front yard area shall remain in open space free of impervious surface. 3. For zero lot line dwellings, duplexes, and family care facilities, two (2) of the required parking spaces may be provided in the front yard on a regularly constructed aisle provided that not less than 50 percent of the front yard area shall remain in open space free of impervious surface. 4. In the ORP Zone, only 10 percent of the required number of parking spaces, may be located in the front yard not closer than 50 feet to a street. 5. Where the paved surface of a street is narrower in width than 28 feet, four (4) of the parking spaces required by Chapter 32 (Subdivision Regulations) may be located in the front yard on a regularly con- structed aisle. ,315 126 C. Side yard. Except for single and two-family dwellings or where two lots share the same parking and stacking spaces, drives and aisles pursuant to subsection (d), no parking spaces, aisles or drives shall be permitted in that portion of the required side yard which is contiguous to the principal building on a lot. d. Rear yard. Parking and stacking spaces, drives and aisles may be provided in the rear yard. (d) Off-street parking located on a separate lot. Where two or more uses share the same off-street parking and stacking spaces, aisles and drives, an increase in the number of spaces is required by a conversion or an enlargement of a use, or when uses are located in a CB -2 zone, off-street parking and stacking spaces, aisles and drives may be located on a separate lot from the use served provided a special exception is granted by the Board of Adjustment and that the following conditions are met: (1) Special location plan. A special location plan shall be filed with the Board by the owners of the entire land area to be included within the special location plan and contain such information deemed necessary to comply with the requirements herein. Evidence of ownership shall be provided. (2) Off-street parking location. a. In R and C zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than 300 feet. b. In I and ORP zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than 600 feet. (3) Where off-street parking is used jointly by two (2) or more uses the number of parking spaces shall be equal to the sum total of off-street parking space requirements of all such uses. (4) Up to 50 percent of the parking spaces required for commercial recreational uses, clubs, schools or restaurants and up to 100 percent for a religious institution may be shared by financial institutions, offices, retail establishments, repair shops, personal service establishments and similar uses not normally open, used or operated during the same hours. (5) A written agreement properly executed by the owners within the area of the special location plan assuring the retention of the parking and stacking spaces, aisles and drives and binding upon their successors and assigns shall be submitted with the special location plan as a convenant running with the land. 31� 127 (6) In instances where a use is within 600 feet of a City -owned parking area, up to 50 percent of the required number of parking spaces may be provided in the parking facility. In the instance where an applicant wishes to provide off-street parking in a City -owned parking facility, the Board shall substantiate that, with the addition of the number of cars for a use accommodated in the facility, the capacity of the parking facility will not be exceeded. (7) In assessing an application for a special exception, the Board shall consider the desirability of the location of off-street parkin and stacking spaces, aisles and drives, on a lot separate from the use served in terms of pedestrian and vehicular traffic safety and any detrimental effects such off- street parking and stacking spaces, aisles and drives may have on adjacent property. (e) Screening requirements. In addition to the applicable requirements for screening of Sec. 36-76(j), the following screening requirements in connection with parking areas shall be met: (1) Where a parking area is provided on a lot within 50 feet of an abutting lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within 50 feet of the abutting lot shall be screened from view within the abutting lot or at such time as provided in Sec. 36-76(j). (2) Where a parking area is provided on a lot within 100 feet across the street from a lot with a residential use which requires four (4) or, fewer parking spaces, the portion of the parking area within 100 feet shall be screened from view within the lot or at such time as provided in Sec. 36-76(j). (3) The materials for screening and the placement shall comply with the regulations of Sec. 36-76(j). (f) Off-street parking in the CB -10 Zone. Except as otherwise provided off-street parking in the CB -10 zone shall be permitted only after approval of a special exception by the Board of Adjustment. The Board shall consider the impact of the proposed parking upon surrounding uses in relation to the following requirements: (1) Screening. In addition to the applicable requirements for screening of subsection (e) herein, where a parking area abuts a street it shall be separated therefrom by a solid fence, wall, or evergreen hedge having a height of not less than three (3) feet nor more than five (5) feet. (2) Access. Each entrance and exit to the parking area shall be constructed so that vehicles entering or leaving the parking area shall be clearly visible to a pedestrian on any sidewalks at a distance of not less than 10 feet. 128 (3) Signs. Appropriate signs, including stop signs posted at the exits to streets, shall be provided. (g) Special vehicle parking and storage. In an R zone certain vehicles because of special characteristics shall comply with the following requirements: (1) Vehicles more than seven (7) feet in height shall not be parked in the front yard or side yard, except upon a regularly constructed aisle for the purposes of loading and unloading. (2) Commercial vehicles designed for the shipment of detonable materials or flammable solids, liquids or gases shall not be parked on any lot in an R zone except for the purpose of making local deliveries. (h) Parking for handicapped persons. Where a use is required to pro- vide accessibility for handicapped persons, at least two (2) percent of the parking spaces shall be set aside and identified with signs for use by handicapped persons. The spaces shall be a minimum of 12 feet 6 inches wide and located with the most convenient access to the building. A smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (i) Modification of parking requirements. Where it can be demonstrated that a specific use has such characteristics that the number of parking or stacking spaces required is too restrictive, the Board of Adjustment may grant a special exception to allow up to not more than a 50 percent reduction, and more for buildings placed on the National Register of Historic Places, in the required number of parking or stacking spaces. 3113 129 Sec. 36-59. Off-street loading requirements. Except in the CB -10 Zone, off-street loading spaces shall be pro- vided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establish- ment, industrial or research laboratory, or similar use which requires the receipt or distribution of materials or merchandise by trucks or vans and which has a floor area of 10,000 square feet or more, there shall be provided the minimum number of loading spaces as follows: Square Feet of Aggregate Gross Floor Area 109000 to 20,000 20,000 to 40,000 40,000 to 80,000 80,000 to 120,000 120,000 to 160,000 For each additional 80,000 Minimum Required Number of Spaces 1 2 3 4 5 1 additional (b) General rules applicable to off-street loading. Except as other- wise provided in this Chapter, the same rules applicable to off-street parking, Sec. 36-58(b), shall apply to off-street loading. (c) Design requirements. (1) All loading spaces shall be constructed of asphalt, concrete or similar permanent dust free surface. (2) Loading spaces shall be a minimum of 10 feet in width, 25 feet in length, and 12 feet in height, exclusive of aisles. When more than two (2) spaces are required, the spaces other than the first two (2) shall be not less than 12 feet in width, 72 feet in length, and 14 feet in height. (3) All loading spaces shall be pitched and drained to prevent the flow of water from such areas onto streets and alleys which do not have adequate drainage facilities. (d) Loading space location. (1) Except in the CB -2 zone, loading spaces shall be located so that trucks or vans to be loaded or unloaded do not back onto or out of a street. (2) In R and ORP zones and in the C and I zones within 50 feet of an R or ORP zone, no loading space shall be located in the front yard. (3) Loading spaces may be provided within a side or rear yard but shall not be located closer than five (5) feet to a lot line. -� IW 130 Sec. 36-60. Sign regulations Sec. 36-61. Definitions. The following definitions shall be applicable to the provisions of the sign regulations: (a) Advertising sign. A sign that is not an identification or direc- tional sign. (b) Animated sign. Any sign or part of a sign that moves or appears to move. (c) Awning sign. A sign placed on the surface of an awning. The area of an awning sign 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. (d) Billboard sign. An off -premises advertising sign directed to the traveling public which has paper posters applied to it. (e) Building frontage. The horizontal length of the front wall of a building. (f) Building or wall sign. A sign other than a roof sign which is supported by a building or wall. (g) Changeable copy sign. A sign characterized by changeable or moveable copy. (h) Changing sign. A sign in which the sign face or any part thereon changes or appears to change with definite action or motion, flashing and/or changes. Such signs shall not include wind actuated elements. (i) Directional sign. An on -premises sign designed to guide or direct pedestrian or vehicular traffic. (j) Directory sign. A sign containing the name of a building complex, or center and two (2) or more identification signs of the same size, color, and general design, limited to one (1) identification sign per occupant. (k) Exposed light source. The use of exposed lamps, inert gas tubes or any combination thereof, provided that an exposed lamp does not exceed 11 watts or that an inert gas tube does not draw more than 60 milliamps. When inside frosted lamps or exposed lamps with a diffusing screen are used, no lamp shall exceed 25 watts. (1) External lighting. Illumination by artificial light, the source of which is not visible from any street right-of-way, reflecting from the sign face. (m) Facia sign. A single -faced sign which is within the perimeter and parallel to or at an angle of not more than 45 degrees from the wall of 3av 132 (aa) Reflectorized lighting. The intensification of illumination by reflectorized lamps or by external reflectors. (bb) Revolving sign. A sign which revolves or turns. (cc) Roof sign. A sign erected upon or above and affixed to a roof or parapet. (dd) Sign. Any structure visible from the public right-of-way including, but not limited to, a device or display, other than buildings or landscaping, used primarily for visual communication for the purpose of, or having the result of, bringing the subject thereof to the attention of a person, group of persons, or the public generally. The term sign includes, but is not limited to, any and all reading matter, letters, numerals, pictorial representations, emblems, trademarks, inscriptions, and patterns, whether affixed to a building, painted or otherwise depicted on a building, or separate from any building. (ee) Sign area. That area of a sign determined by using actual dimensions where applicable, or approximate dimensions when irregularity of sign shape warrants. Such area shall include the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign or of the display. The area of the sign composed of characters or words attached directly to a building wall surface shall be the smallest trapezoid or hexagon which encloses the whole group of characters and/or words. (f£) Under -canopy sign. A sign attached to the underside of a canopy, marquee, or building projection or of any similar projection from a building protruding over a public or private sidewalk or right-of-way. Sec. 36-62. General sign regulations. (a) Signs permitted in all zones. The following signs shall be permitted in all zones: (1) Real estate signs. Temporary signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed. One (1) such nonilluminated sign not to exceed six (6) square feet shall be permitted on each premise. Such signs shall not extend higher than four (4) feet above grade nor closer than five (5) feet to any lot line unless located on the wall of a building. Such signs shall be removed within 48 hours after the execution of an offer to buy or of a contract of sale. (2) Construction signs. Signs which identify the architects, engineers, contractors and other individuals involved in the construction of a building or signs which announce the character of the building enterprise or the purpose for which the building is intended. Such signs do not include product advertising. In R zones, one such nonilluminated sign not to exceed six (6) square feet shall be permitted on each premise. Such sign shall not extend higher than four (4) feet above grade 3aa 131 the building on which it is mounted. one (1) foot out or more than one point from nonvertical walls. Such signs do not extend more than (1) foot out at the sign's closest (n) Free standing sign. A permanent sign which is supported by one or more up -rights or braces in or upon the ground and not attached to any building or wall. (o) Front wall. The wall of a building upon which a sign is mounted which defines the exterior boundaries of the side of the building on which the sign is mounted and which has a slope of 45 degrees or greater with the horizontal plane. Where a building contains two (2) or more uses, the front wall of a building as used herein shall mean the portion of the wall of the building that constitutes the exterior wall of each use. (p) Identification sign. An on -premises sign that displays no more than the name, numerical address, crest, insignia or trademark, occupation or profession of an occupant of the premises or the name of any building on the premises. (q) Illuminated sign. Any sign in which a source of light is used to make the message readable. (r) Institutional bulletin board. An on -premises sign containing a surface upon which is displayed the name of a religious institution, school, library, community center or similar institution and the announcement of its service or activities. (s) Internal lighting. Illumination by an artificial light, the source of which is not visible but reaches the eye through a diffusive medium. (t) Marquee sign. A sign attached to and contained within the perimeter of the face or valence of a marquee or any other similar projection from a building. (u) Monument sign. A sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another. (v) Non -conforming sign. A sign which would be allowed in the proper zone but which is prohibited in the specific zone in which it exists. The elimination of said signs are prescribed for in Sec. 36-62(c). (w) Off -premise sign. A sign that is not an on -premises sign. (x) On -premises sign. A sign the primary purpose of which is to identify or direct attention to a profession, business, service, activ- ity, product, campaign or attraction manufactured, sold or offered on the premises where the sign is located. (y) Prohibited sign. A sign prohibited in all zones regardless of type of sign or its size. The removal of said signs are prescribed for in Sec. 36-62(c). (z) Projecting sign. A building or wall sign, other than a facia sign, supported only by the wall on which it is mounted. 3a 1 133 or closer than five (5) feet to any lot line unless located on the wall of a building. Such a sign shall be removed within 48 hours after the completion of construction or the execution of an offer to buy or of a contract of sale. In all other zones, one such nonilluminated sign, not to exceed 50 square feet, shall be permitted along each street on which a lot has frontage. Such a sign shall not extend higher than 10 feet above grade or be closer than 10 feet to any lot line unless located on the wall of a building or on a protective barricade surrounding the construction. Such signs shall be removed within one (1) week following completion of construction or the execution of an offer to buy or of a contract of sale. (3) Political campaign signs. Temporary signs announcing candidates seeking public political office or pertinent political issues or containing other election information, such as "Vote Today." Political signs are permitted in all zones subject to the following requirements: a. In R zones, one (1) nonilluminated political sign not to exceed six (6) square feet in area for each candidate or pertinent political issue may be displayed on each premises. Such signs shall not be erected earlier than 30 days prior to the date balloting takes place for the candidate or issue indicated on the sign and all such signs shall be removed no later than two (2) days after the balloting date. b. In other zones, political signs shall conform to the applicable regulations for advertising signs. Such signs shall not be erected earlier than 45 days prior to the date balloting takes place for the candidate or issue indicated on the sign and all such signs shall be removed no later than seven (7) days after the balloting date. A political sign in the window of a building in C and I zones shall not exceed six (6) square feet and shall include no more than one (1) sign for each candidate or pertinent political issue. (4) Seasonal decorations. Signs which pertain to recognized national, state and local holidays and observances. Such signs shall not be erected earlier than six (6) weeks prior to the holiday or observance and all such signs shall be removed no later than three (3) weeks after the holiday or observance. (5) Public signs. Signs of a noncommercial nature and in the public interest and erected by or upon the order of a public officer in the performance of his/her public duty. Such signs include safety signs, zoning signs, memorial plaques, signs of historical interest and all other similar signs, and signs designating hospitals, libraries, schools, airports and other institutions or places of public interest or concern. 134 (6) Integral signs. Signs which contain such information as names of buildings, dates of erection, monumental citations, commem- orative tablets and other similar information; are carved into stone, concrete or other building material or made of bronze, aluminum or other permanent type of construction; and are made an integral part of the structure to which they are attached. (7) Private traffic directional signs. Signs directing traffic movement into or within a premises shall not exceed four (4) square feet in area per sign. Illumination of such signs shall be permitted in accordance with the regulations for the zone in which the premises is located. Horizontal directional signs painted on or installed flush with paved streets shall not be subject to regulation. The use of said signs shall not be permitted except where needed for the safe and efficient movement of traffic. (8) Vehicle signs. Signs accessory to the use of any kind of vehicle, provided the sign is painted on or attached directly to the body of the vehicle. (9) Insignias and flags. Insignias, flags and emblems of the United States, the State of Iowa, and municipal and other bodies of established government or flags which display the recognized symbol of a non-profit and/or noncommercial organization. (10) Institutional bulletin board. One (1) institutional bulletin board, externally or internally illuminated and not to exceed 24 square feet in area on each side, shall be permitted for each institution. No such sign shall extend higher than six (6) feet above ground level. (11) Facia sign. Except as otherwise provided herein, buildings located on corner lots shall be permitted an additional facia sign, the area of which shall not exceed 65 percent of that permitted for a facia sign located on the front wall of the building. In no case shall the additional sign exceed 20 percent of the area of the wall upon which it is attached. The additional facia sign shall not be located on the front wall of the building. (b) Signs prohibited in all zones. The following signs shall be prohibited in all zones: (1) Obsolete signs. Signs that advertise an activity, business, product or service no longer conducted on the premises on which the sign is located. (2) Banners, balloons, posters, etc. Banners, balloons, posters, pennants, ribbons, streamers, spinners or other similar moving devices including street banners. (3) Swinging signs. Signs which swing or noticeably move from 3aY 135 wind pressure because of the manner of their suspension or attachment. (4) Portable signs. Signs that are not permanently anchored or secured to either a building or the ground. (5) Off -premises signs on public property. Off -premises signs located on public property. (6) Painted wall signs. On -premises or off -premises signs painted on building walls. (7) Hazard. Any sign which constitutes a traffic or safety hazard. (8) Building or wall signs. Signs, other than facia signs, which encroach on or over a street right-of-way or which extend above the roof line. (9) Roof signs. Signs attached to a roof. (10) Animated signs. Animated signs, except for one (1) barber pole per barber shop which does not exceed three (3) feet in height, nine (9) inches in diameter, and does not project into the public right-of-way more than one (1) foot. (11) Projecting signs. Projecting signs into the public right-of-way except the following: a. Time and temper_ature signs in C or I zones which contain no advertising and do not exceed 25 square feet in area. b. Signs of governmental units. (c) Elimination of prohibited signs and nonconforming signs. It is the intent of this Chapter that all prohibited signs and nonconforming signs be eliminated within the period set herein. (1) Prohibited signs. All prohibited signs set forth above shall be removed within a period of not more than one (1) year from the effective date of this Chapter, except that portable signs, banners, obsolete signs, hazard and window signs shall be removed immediately. (2) Amortization of nonconforming signs. All nonconforming signs shall be removed within a period of not more than eight (8) years from the effective date of this Chapter. (d) Off -premises signs regulations. Off -premises signs shall meet the following requirements: (1) Such signs may consist of not more than two (2) parallel faces. _� le;' 136 (2) The back of such signs shall be effectively shielded from public view by a building wall, another sign face or by painting the exposed back a neutral color. (3) All structural members shall be painted neutral colors. (4) Only wall -mounted signs shall be permitted in the CC -2 Zone. Either free-standing or wall -mounted signs shall be permitted in the CH -1, CI -1, I-1 and I-2 zones. (5) Such signs shall not be erected or maintained in excess of one (1) sign per lot frontage and shall not be closer than 300 .feet apart. (6) Such signs shall not be located within 300 feet of the lot line of any lot in a RS -5, RMH or RS -12 zone but such signs may be permitted to within 150 feet of any RM or an RNC -20 zone. (7) Such sign shall not be located within 300 feet of any public square or public park, public or parochial school building, church building or cemetery, public museum, main post office or buildings designed and erected for the purpose of housing the principal administrative and/or judicial seats of city, county, state and/or federal government. (8.) Such signs shall comply with the sign location requirements of the zone in which they are located. (9) Such signs shall not be located on roofs of buildings. (10) Such sign shall not exceed a height of 25 feet above center street grade closest to the sign. (11) Such signs shall not exceed 72 square feet per sign face. (e) Large scale regulations variance. (1) General requirements. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that the owner or lessor of the premises petition for said signage. Said design or theme may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. The owners or tenants of any Large Scale Residential or Non -Residential development may petition for special sign allowances. The sign design may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (f) Material and construction requirements. (1) Material. All signs, except those enumerated in Sec. 36-62(a), shall have a surface or facing of incombustible material. Structural trim may be of a combustible material. 3,26 137 (2) Construction. All signs, except those enumerated in Sec. 36-62(a), shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required by the Building Code or other ordinances of the City. (g) Obstruction of egress. No sign shall be erected, relocated, or maintained as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be attached to a stand pipe or fire escape. (h) Traffic hazard. No sign shall be erected where, by reason of position, shape, or color, it may interfere with or obstruct the view of any authorized traffic sign, signal, or device or which makes use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. (i) License and permits required. (1) License required. a. It shall be unlawful for any person to erect, alter, repair, move, improve, remove, paint or convert any sign except those enumerated in Sec. 36-62(a), nonilluminated window signs in C and I zones, and signs for home occupa- tions without first having on file with the Department of Housing and Inspection Services a sign erector's license in good standing. b. 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 desiring to perform the work indicated above. No such license shall be issued to any person until such person 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 Inspection Services a copy or a certificate of a contractor's public liability insurance policy with coverage limits of $100,000.00 per person, $300,000.00 per occurrence for bodily injury, and $10,000.00 for property damage liability. The City shall be designated as an additional insured and be notified 30 days in advance of the termination of the policy by the insured or insurer. The policy shall indemnify and save harmless the City from any and all damage, judgment, cost or expense which the City may incur or suffer by reason of said license issuance. C. Every sign erector's license shall expire on the date established by resolution of the City Council unless revoked. The renewal fees shall be set by resolution of the City Ccouncil. 3a7 138 d. 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 regulations if the license holder shows incompetency or lack of knowledge, or if the license was obtained by fraud. A person aggrieved by the revocation, suspension or denial of a license may appeal the action directly to the Board of Adjustment. e. If a license is revoked for any reason, another license shall not be issued for 12 months after revocation. (2) Permit required. a. No person, firm or corporation shall erect, alter, repair, move, improve, remove, paint or convert any sign except those enumerated in Sec. 36-62(a), nonilluminated window signs in C and I zones, and signs for home occupations without first obtaining an erection permit from the Building Official and making payment of the required permit fee. All illuminated signs shall also be subject to the provisions of the electrical code and the permit fees required thereby. b. A separate permit shall.be obtained for each sign. C. Only a person holding a valid sign erector's license issued by the City may obtain a permit to perform work regulated by this section. d. 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. (3) Permit fees. Every applicant, before being granted a permit, shall pay to the Building Official a permit fee for each sign, other than those enumerated in Sec. 36-62(a), nonilluminated window signs in C and I zones and signs for home occupations. The fee shall be established by resolution of the City Council and be subject to the following: a. 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. b. 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 charged double the normal fee, but the payment �a� 139 of such double fee shall not relieve any person from fully complying with the requirements of this Chapter in the execution of the work nor from any penalties prescribed herein. (j) Illuminated sign permits. The application for a permit for erection of a sign in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications concerning all wiring and connections to determine if they comply with the Electrical Code and he/she shall approve the permit only if the plans and specifications comply with the Code. This action of the Electrical Inspector shall be taken prior to submission of the application to the Building Official for final approval of the erection permit. (k) Applications. Application for erection permits shall be made upon blanks provided by the Building Official and shall contain or have attached the following information: (1) Name, address, telephone number, and sign erector's license number of the applicant. (2) Location of building, structure, or lot onto which the sign is to be attached or erected. (3) Position of the sign in relation to nearby buildings or structures. (4) Two (2) blueprints or ink drawings of the plans and specifica- tions and method of construction and attachment to the building or the ground. (5) Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by these regulations and all other ordinances of the City. (6) Name of the person erecting the structure. (7) Any electrical permit required and issued for the sign. (8) Such other information as the Building Official shall require to show full compliance with these regulations and all other ordinances of the City. (1) Permit issued. It shall be the duty of the Building Official, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which a sign is proposed to erect the sign or other advertising structure. I£ it appears that the proposed structure is in compliance with all the requirements of these regulations and all other ordinances of the City, he/she shall issue the erection permit. If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, said permit shall become null and void. �Q9 140 Sec. 36-63. Regulations by zone. (a) ID, RR -1, RS -5, RS -8 RMH and RS -12 zone regulations. (1) General requirements. a. No sign shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin, or within a five (5) foot setback from any lot line. b. No advertising sign shall be permitted, except as allowed in Sec. 36-62(d). (2) Permitted signs. a. One (1) on -premises identification facia sign or free-standing sign not to exceed one (1) square foot in area per sign face shall be permitted for each dwelling unit. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or externally lighted with non -flashing white light. b. One (1) on -premises identification facia sign, free-standing sign, or monument sign not to exceed 24 square feet in area per sign face shall be permitted for each building frontage for nonresidential uses. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and, may be non -illuminated or externally or internally lighted with non -flashing white light. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Free-standing signs shall not extend less than five (5) feet nor more than eight (8) feet above the grade. (b) RM -12, RM -20, RNC -20, RM -44 and RM -145 zone regulations. (1) General requirements. a. No sign shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin, or within a five (5) foot setback from any lot line. b. No advertising sign shall be permitted, except an identi- fication sign as permitted below in paragraph (2) which may include reference to number and types of units, furnishings and other accessories. 330 141 (2) Permitted signs. a. One (1) on -premises identification facia sign or free- standing sign not to exceed one (1) square foot in area per sign face shall be permitted for each dwelling unit. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or illuminated by an internal non -flashing light source. An identification sign of larger dimensions shall be permitted for the following uses: 1. Any multi -family dwelling complex containing five (5) to 15 dwelling units shall be permitted one (1) identification sign of four (4) square feet. 2. Any multi -family dwelling complex containing 16 to 29 dwelling units shall be permitted one (1) identification sign of not to exceed 12 square feet in area per sign face. 3. Any multi -family dwelling complex containing 30 units or more shall be permitted one (1) identifica- tion sign of not to exceed 24 square feet in area per sign face. b. One (1) on -premises identification facia sign, free- standing sign, or monument sign not to exceed four (4) square feet in area per sign face shall be permitted for fraternities/sororities and rooming houses. C. One (1) on -premises identification facia sign, free- standing sign, or monument sign not to exceed four (4) square feet in area per sign face shall be permitted for nonresidential uses including group care facilities, nursing homes, and hospitals with facilities to accom- modate 49 or less persons. Any such uses containing facilities for 50 or more persons shall be permitted one (1) identification sign of not to exceed 16 square feet in area per sign face. d. Subdivisions in excess of two (2) acres may have an identification sign with a maximum area of 24 square feet. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Free-standing signs shall extend not less than five (5) feet nor more than 10 feet above the grade. C. Monument signs shall extend not more than five (5) feet above the grade. 142 (c) CO -1 and CN -1 zone regulations. (1) General requirements. a. No sign or sign support shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin or within a five (5) foot setback from any lot line. b. If a building has two or more occupants, the occupants may jointly erect and maintain a sign, provided the joint sign is within the zonal regulations. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or internally or externally lighted with a non -flashing light source. b. One (1) on -premises identification monument sign not to exceed one-half (') square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and shall be non -illuminated. The back side of the monument sign shall be enclosed. C. No more than one (1) of the following signs (1 or 2) shall be permitted. 1. One (1) on -premises identification undercanopy sign not to exceed four (4) square feet in area per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces and may be non -illuminated by an internal non -flashing light source. 2. One (1) on -premises identification facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign may be non -illuminated or illuminated by an internal or external non -flashing light source. d. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is 332 143 less. These signs may advertise the name, days and hours of operation, telephone number, and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. e. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (d) CH -1 zone regulations. (1) General requirements. a. No sign or sign support shall be erected in the corner of a lot defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from a corner pin. No portion of the sign or sign support shall project into this triangle at an elevation of less than 10 feet. b. If a building has two (2) or more occupants, the occupants may jointly erect and maintain a sign provided the joint sign is within zonal regulations. C. No sign shall be erected within 50 feet of R zones which abut CH -1 zones. In all instances as described above, signage shall be bound by all regulations and requirements for signage in the CN -1 zones. (2) Permitted signs. _ a. No more than one (1) of the following signs (1, 2 or 3) shall be permitted: 1. One (1) on -premises identification and/or advertising monument sign not to exceed one-half (') square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not- more than a 45 degree angle with each other, and may be non -illuminated or externally or internally lighted with a non -flashing light source. 2. In all CH -1 zones, which abut Federal Interstate Highways or Federally Designated Freeways, all signs erected shall comply with applicable State and Federal regulations and such regulations shall set the standards for signs erected within 660 feet of the right-of-way of the Federal Interstate Highways or Federally Designated Freeways in addition to the requirements in this zone. Where a conflict exists, the State and Federal Regulations shall prevail. This exception is expressly limited to CH -1 zones abutting Highways or Freeways and does not apply to 144 the State primary system unless it is a Federal Interstate or Freeway. 3. One (1) on -premises identification and/or advertising projecting sign not to exceed 75 square feet per sign face shall be permitted. Said sign may consist of not more than two (2) parallel faces and may be non -illuminated or illuminated by an internal non -flashing light source. 4. One (1) on -premises identification and/or advertising free-standing sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant, and not to exceed 125 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or illuminated by an external, internal, or exposed non -flashing light source. b. One (1) on -premises identification and/or advertising sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign shall not exceed 75 square feet per sign face. The sign may be non -illuminated or internally or externally lighted with a non -flashing light source. C. A free-standing billboard sign subject to the require- ments of Sec. 36-62(d) of this Chapter shall be permitted. d. No more than one (1) of the following signs (1 or 2) shall be permitted. 1. One (1) on -premises identification under canopy sign not to exceed six (6) square feet per sign face shall be permitted per building frontage. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with non -flashing light source. 2. One (1) on -premises identification facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign may be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. e. Window signs shall be allowed provided that they do not exceed four (4) square feet in area or 25 percent of the 33cl 145 area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. f. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Monument signs shall extend not more than five (5) feet above the grade. C. Free-standing signs shall not exceed 35 feet in height nor less than 10 feet above grade. No dimension of the sign shall exceed 10 feet nor shall any part of the sign project nearer than five (5) feet from any lot line. d. Projecting signs shall not project more than eight (8) feet from the building and shall not be less than 10 feet above grade over pedestrian -ways or 14 feet above grade over vehicular -ways and parking areas. No dimension of the sign shall exceed 15 feet and the sign shall not extend more than four (4) feet above the roof line. No support of the sign shall project above the roof line. e. Under -canopy signs shall not exceed a maximum dimension of six (6) feet or in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than nine (9) feet above grade. f. Standard signage appearing as an integral part of the gasoline pumps as purchased and installed shall be permitted. Decals which constitute standard signage and which are normally affixed after installation of gasoline pumps shall be permitted. (e) CC -2 zone regulations. (1) General requirements. a. If a building has two (2) or more occupants, the occu- pants may jointly erect and maintain a sign provided the joint sign is within zonal regulations. b. No sign shall be erected within 50 feet of R zones which abut CC -2 zones. In all instances as described above, signage shall be bound by all regulations and require- ments for signage in the CN -1 zones. 146 c. In the event that five (5) or more business units are located adjacent to each other and provided the owners of the businesses reach unanimous agreement, a common major sign in lieu of individual signs, as listed below in paragraph (2), may be permitted. The sign shall not exceed 175 square feet. (2) Permitted signs. a. No more than one (1) of the following signs (1 or 2) shall be permitted. 1. One (1) on -premises identification and/or adver- tising monument sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face shall be permitted. Said sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. 2. One (1) on -premises identification and/or adver- tising free-standing sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant and not to exceed 125 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. b. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or illuminated by an internal, external, or exposed non -flashing light source. C. A facia sign not to exceed 65 percent of the maximum square footage allowed for facia signs in a CN -1 Zone shall be permitted in those instances where a business has frontage on two (2) intersecting streets. d. A wall -mounted billboard subject to the requirements of Sec. 36-62(d) shall be permitted. e. No more than one (1) of the following signs (1 or 2) shall be permitted. 33(zl 147 1. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face shall be permitted per building frontage. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with non -flashing white light. 2. One (1) on -premises identification facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign may be non -illuminated or internally or externally lighted with non -flashing white light. f. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. g. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line unless located on the face of a parapet wall. b. Monument signs shall not extend more than five (5) feet above grade. C. Free-standing signs shall not exceed 35 feet in height nor be less than 10 feet above grade. No dimension of the sign shall exceed 15 feet nor shall any part of the sign project into public right-of-way. d. Projecting signs shall not project more than six (6) feet from the building and shall not be less than 10 feet above grade over pedestrian -ways or 14 feet above grade over vehicular -ways and parking areas. No dimension of the sign shall exceed 10 feet or extend more than four (4) feet above the roof line. e. Under -canopy signs shall not exceed a dimension of six (6) feet or in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than 10 feet above grade. f. Off -premises identification and/or advertising billboard signs subject to the requirements of Sec. 36-62(d) are permitted. 148 (f) CB -10 Zone regulations. (1) General requirements. a. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that all tenants and owners agree by petition upon the design or theme. The design or theme may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of the building. If the building is higher than one story and the business occupies more than one story, the maximum size signage permitted shall be determined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be nonilluminated or internally or externally lighted with a nonflashing light source. b. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces and may be aonilluminated or internally lighted with nonflashing white light. C. One (1) on -premises directory facia sign not to exceed four (4) square feet in area per sign face shall be permitted where occupants have no street frontage, and the sign shall be located immediately adjacent to the principal entrance to the occupant's premises. The sign may be nonilluminated or internally lighted with nonflashing white light. d. One (1) on -premises advertising marquee sign not to exceed one square foot per lineal foot of building frontage and not to exceed 50 square feet shall be permitted. The sign may consist of not more than two (2) parallel faces and may be nonilluminated or internally lighted with nonflashing white light. e. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related infor- mation about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. 33$ 149 f. Identification awning signs not to exceed 25 percent of the surface the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Under -canopy signs shall not exceed a maximum dimension of six (6) feet nor in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than 10 feet above grade. (g) CB -2 zone regulations. (1) General requirements. a. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme provided that all tenants and owners agree by petition upon the design or theme. The design or theme may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. a. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permitted shall be determined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or internally or externally lighted with a non -flashing light source. b. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with a non -flashing light source. C. One (1) on -premises directory facia sign not to exceed four (4) square feet in area shall be permitted where occupants have no street frontage, and the sign shall be located immediately adjacent to the principal entrance to the occupant's premises. The sign may be non -illuminated or internally lighted with a non -flashing light source. h. Identification awning signs not to exceed 25 percent of the surface of the awning shall be permitted. 339 150 (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Under -canopy signs shall not exceed a dimension of six (6) feet nor in any case more than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than 10 feet above grade. C. Directory signs shall not exceed four (4) square feet in area and no dimension of the sign shall exceed two and one-half (2') feet. d. No roof signs, off -premises signs or billboards shall be permitted. e. No temporary signs consisting of painted, cardboard, plastic, paper or similar material shall be permitted to be attached to any window or outside wall. f. All monument signs shall not extend more than five (5) feet above grade. (h) CI -1, ORP, I-1 and I-2 zone regulations. (1) General requirements. a. No sign shall be erected within 50 feet of R zones which abut CI -1, ORP, I-1 and I-2 zones. In all instances as described above, signage shall be bound by all regula- tions and requirements for signage in the CN -1 zones. b. In the event that five (5) or more uses or buildings are located adjacent to each other and individual facia signs as listed below in subparagraph (2)a.1 are erected, a common major sign of the type permitted in subparagraph (2)a.2 or (2)a.3 may be permitted provided the following conditions are met: 1. The area of the common sign shall not exceed 175 square feet, d. One (1) on -premises advertising marquee sign not to exceed one (1) square foot per lineal foot of building frontage and not to exceed 50 square feet per sign face shall be permitted for theatre marquees. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with a non -flashing light source. e. Two (2) on -premises identification "permanent, painted" window signs not to exceed two (2) square feet per sign shall be permitted per occupant. 3qU 151 f. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related informa- tion about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. g. No more than one (1) of the following signs (1 or 2) shall be permitted: 1. One (1) on -premises identification or advertising monument sign not to exceed one (1) square foot per lineal foot of building frontage. The sign shall not exceed 50 square feet per sign face but may be internally or externally lighted. 2. One (1) on -premises identification or advertising free-standing sign not to exceed one (1) square foot per lineal foot of building frontage. The sign shall not exceed 50 square feet per sign face but may be internally or externally lighted. 2. The area of the common sign shall be deducted from the total maximum permitted sign area for all of the individual facia signs, and 3. The area of the common sign shall be deducted an equal amount from the maximum permitted sign area for each individual facia sign. (2) Permitted signs. a. No more than one (1) of the following signs (1, 2 or 3) shall be permitted. 1. One (1) on -premises identification and/or adver- tising facia sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of the building. I£ the building is higher than one story and the business occupies more than one story, the maximum size signage permitted shall be deter- mined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or internally or externally lighted with a non -flashing light source. 2. One (1) on -premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total signage of frontage with a maximum total signage of 150 square feet shall be permitted. !:;y/ 152 3. One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot per lineal foot of building frontage and not to exceed 50 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or internally or externally lighted with a aonflashing light source. b. One (1) on -premises identification facia sign not to exceed four (4) square feet per building frontage shall be permitted. The sign shall be non -illuminated. C. A free-standing billboard sign subject to the require- ments of Sec. 36-62(d) shall be permitted. d. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related informa- tion about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. (3) Special requirements. a. No support or part of a free-standing sign shall project into the street -right-of-way. Note: The provisions in Sections 36-60 through 63 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. Sec. 36-64. Reserved. 3�a 153 Sec. 36-65. Fence and hedge requirements. (a) Location and height. Fences and hedges, when located within a front, side or rear yard or within five (5) feet of a lot line, shall be subject to the following location and height requirements: (1) No portion of a fence more than 10 percent solid shall exceed eight (8) feet in height. (2) Fences and hedges shall be located so no part thereof is within two (2) feet of an alley or a street right-of-way line. (3) At street intersections, no fence or hedge more than two (2) feet in height above the curb level, shall be located within a triangular area two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. (4) In R zones or within 50 feet of a lot with a residential use at ground level, fences within the front yard shall not exceed four (4) feet in height. Fences may be constructed to a height not exceeding eight (8) feet along primary arterial streets identified in the Comprehensive Plan. (b) Enclosures. Except as otherwise provided, fenced enclosures shall be provided for swimming pools with a depth of 18 inches or more and for dog runs and shall be subject to the following requirements: (1) An outdoor swimming pool, the edge of which is less than four (4) feet above grade-, shall be completely enclosed by a fence not less than four (4) feet in height. The fence shall be so constructed as not to allow a five (5) inch diameter sphere to pass through the fence. A principal or an accessory building may be used as part of such enclosure. (2) All gates or doors opening through an enclosure shall be equipped with a self-closing and self -latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped. The Building Official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded herein. (3) Dog runs shall be enclosed by a fence of sufficient height and construction to contain the dog at all times. (c) Barbed wire and electric fences. Barbed wire and electric fences shall be subject to the following requirements: (1) Barbed wire shall consist of twisted wires with barbs on each wire a minimum distance of four (4) inches apart. Concertina wire shall be prohibited. 154 (2) Except for the enclosure of livestock operations, barbed wire fences shall only be permitted in a C, I or ORP zone, provided that the bottom strand of barbed wire shall not be less than six (6) feet above grade. (3) Except for the enclosure of livestock operations, electric fences shall not be permitted in any zone. (4) No electric fence shall carry a charge greater than 25 milli- amphere nor a pulsating current longer than one-tenth (1/10) per second in a one (1) second cycle. All electric fence charges shall carry the seal of an approved testing labora- tory. (5) Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) feet of street right-of-way line where a public sidewalk does not exist. In the latter case, however, either fence may be erected or constructed along the right-of-way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk. Said agreement shall be processed with the application for a permit. (d) Permit required. It shall be unlawful to erect or construct or cause to be erected or constructed any electric or barbed wire fence or any fence over six (6) feet in height without obtaining a permit. All applications for fence permits shall be submitted to the Building Official and shall be accompanied by a sketch or design of the proposed fence and a plot plan showing the location of the proposed fence. NOTE: The provisions in Section 36-65 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. 3qq 155 ARTICLE IV. GENERAL PROVISIONS DIVISION 1. DIMENSIONAL REQUIREMENTS Sec. 36-66. General. The following dimensional requirements shall be applicable in all zones or in the zones indicated. Sec. 36-67. General yard requirements. (a) In an R zone, lots platted after the adoption of this Chapter and abutting a primary arterial street, as designated on the Comprehensive Plan Map, shall have a front yard of 40 feet. (b) If lots fronting on two (2) or more streets are required to have a front yard, a front yard shall be provided along all streets. (c) Where a frontage is divided among zones with different front yard requirements, the deepest front yard shall apply to the entire frontage. Where an ORP Zone is included among the zones, the front yard required for the ORP Zone need not be considered provided lots within 100 feet of the ORP Zone shall have a front yard with not less than 20 feet. (d) Where a lot in a C or I zone abuts an R zone, a yard at least equal to the abutting yard required in the R zone shall be provided along the R zone boundary line. (e) Where more than one (1) principal building is permitted on a lot (1) the required yards shall be maintained around the group of buildings, and (2) Except in the RM -145 zone the buildings are separated by a horizontal distance that is equal to the height of the highest building. In the RM -145 zone, high rise buildings shall be separated from other dwellings by a horizontal distance of eight (8) feet for the first story plus two (2) feet for each additional story. (f) There shall be a minimum of six (6) feet between all unattached buildings on a lot. (g) Residential uses, except motels and hotels, located at ground level in a C zone, shall be provided with the yards required in the RS -5 zone. (h) In all zones, if a side or rear yard is provided where not re- quired, the side or rear yard shall be at least five (5) feet wide. (i) Parking and stacking spaces, aisles and driveways located in yards shall be subject to the provisions of Sec. 36-58. 156 Sec. 36-68. Permitted obstructions in yards. The following obstructions may be located in the required yards specified subject to the special conditions indicated. (a) Buildings, accessorv. Accessory buildings may be located in any yard except the front yard, provided they shall comply with the require- ments of Sec. 36-57. (b) Building features. Eaves, cornices, marquees, awnings, canopies, belt courses, sills, buttresses, or other similar building features which extend beyond the wall of a building may project into any yard provided that such projections from a principal building shall not be closer than two (2) feet to any side lot line. Such projections from an accessory building shall not be closer than one (1) foot to a rear lot line or a side lot line. (c) Chimneys. Chimneys may project into any yard not more than two (2) feet. (d) Dog runs. Dog runs constructed solely for the purpose of confining dogs for exercising and feeding may be located in any yard, provided that in an R zone they shall not be located in a front yard or side yard nor closer than 10 feet to a rear lot line. (e) Fences and hedges. Fences and hedges may be located in any yard subject to the requirements of Sec. 36-65. (f) Fire escapes and unenclosed stairways. Fire escapes and unenclosed stairways may extend into any yard provided they shall not extend into a side yard more than three and one-half (3k) feet. (g) Fuel dispensing equipment. In commercial and industrial zones, fuel dispensing equipment may be located in any yard. (h) Ornamental features. Light fixtures, flag poles, arbors, trel- lises, fountains, sculptures, plant boxes, plants and trees and other similar ornamental features may be located in any yard provided that: (1) At street intersections, no ornamental feature more than two (2) feet in height above the curb level shall be located within a triangular area two (2) of its sides 30 feet in length and measured along the rights-of-way lines from the point of intersection, and (2) Trees planted in the front yard shall comply with the locational requirements of Sec. 36-73 and the Forestry Ordinance of the City Code of Ordinances. (i) Parking, off-street. Except as otherwise provided in -Sec. 36-58, open off-street parking may be located in any yard. (j) Porches, balconies, decks and stoops, uncovered. Porches, balcon- ies, decks and stoops which are uncovered, may extend into any yard 3y(0 157 provided that such projections shall not extend into a front yard more than eight (8) feet. Stoops may extend into a side yard not more than two (2) feet. (k) Signs. Except as otherwise provided in Sec. 36-60, signs may be located in any yard. (1) Swimming pools and hot tubs. Swimming pools and hot tubs with a depth of 18 inches or more may be located in any yard, provided that in an R zone they shall not be located in a front yard and shall not be located closer than 10 feet to a side or rear lot line. (m) Telephones, coin operated. In commercial and industrial zones, coin operated telephones may be located in any yard. (n) Windows. Bay windows and similar projecting windows may extend into any yard provided that in an R zone they shall not extend into the side yard or the rear yard of a reversed corner lot. Sec. 36-69. Requirements and exceptions for established setbacks. (a) Where at least 50 percent of the lots along a frontage are occupied by buildings that deviate in setback more than five (5) feet from the required front yard, the minimum front yard for each lot along the frontage shall be established in the following manner: (1) If all the buildings have a setback of more than five (5) feet of the required front yard, the front yard shall be equivalent to the setback of the closest building to the street. (2) If all the buildings are located more than five (5) feet closer to the street than the required front yard, the front yard shall be established five (5) feet closer to the street than the required front yard. (3) If (1) or (2) is not the case, the front yard for each lot shall be determined as follows: a. Interior and double frontage lots. At the option of the lot owner, the front yard shall be established as the front yard required in the zone in which the lot is located or otherwise as follows: 1. The front yard of a lot shall be established as an average of the setbacks of the principal buildings on the abutting lots to each side. 2. Where a principal building is located on an abutting lot on one side only, the minimum front yard shall be equal to the setback of the principal building on the abutting lot. . b. Corner lots. The minimum front yard of a corner lot shall be the front yard required for the zone in which it is located. :N 158 (b) A special exception may be granted by the Board of Adjustment for a modification of yard requirements, when such modification would not be contrary to the public interest nor contrary to the general purpose and intent of this Chapter and meet the conditions of Sec. 36-91. Sec. 36-70. Height exceptions. (a) The following structures or parts thereof shall be exempt from the height limitations set forth in the zones indicated, provided that an increase in height shall not conflict with the provisions of the Airport Overlay Zones. (1) In all zones. a. Chimneys or flues. b. Church spires. C. Cupolas, domes, skylights and other similar roof protrusions not used for the purpose of obtaining habitable floor space. d. Farm structures including barns, silos, storage bins and similar structures when associated with a farm. e. Flag poles. f. Parapet or fire walls extending not more than three (3) feet above the limiting height of the building. g. Poles, towers and other structures necessary for essen- tial services. h. Roof structures including elevator bulkheads, stairways, ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances required to operate and maintain the building. i. Television antennas and similar apparatus. (2) In the C, I and ORP zones. a. Grain elevators. b. Radio and television communication towers. C. Stacks. d. Storage tanks and water towers. (b) In all zones, except the ORC Zone, the maximum height in each zone may be increased, on the condition that for each foot of height increase above the maximum height limitation there is provided an additional two (2) feet of front, side and rear yards and that an increase in height shall not conflict with the provisions of the Airport Overlay Zones. 3yS 159 Sec. 36-71. Reserved. 160 DIVISION 2. TREE REGULATIONS Sec. 36-72. General. (a) Purpose. The purpose of these regulations shall be to assure that trees are preserved and planted with the development or redevelopment of buildings, drives and parking areas within the City in accordance with the best ecological concepts, environmental objectives and site planning principles so the well-being of the residents of the City is protected and enhanced. (b) General applicability. No building permit or certificate of occupancy shall be issued for the construction, reconstruction or structural alteration of a building on a lot without conformity with the provisions of the tree regulations. However, property in the CB -10 and AG Zones and individual lots occupied by single family dwellings shall be exempt from the requirements of these provisions. The distances required herein for the location of a tree shall mean the distance to the center of the tree and where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number. The varieties and sizes at initial installation of trees permitted by this ordinance for the use indicated are specified in the "List of Recommended Trees for Iowa City" attached as a supplement and made a part of this Chapter. Evergreen trees, used for screening purposes in accordance with the provisions of Sec. 36-76(j), may be used to satisfy the requirements of the tree regulations provided they are of a variety suitable for screening purposes, as listed in the supplement, and are allowed to grow to their mature height. (c) Site plan. When provisions of the tree regulations are applicable, a site ("plot") plan shall be submitted with the request for a building permit and shall, in addition to the information normally required, include: (1) the size and location of required tree islands; and (2) the mature height (small (evergreen or deciduous) plantings. Sec. 36-73. Requirements. (a) Trees adjacent to and within provisions shall regulate the pla. street rights-of-way: (1) Applicability. or large), location and type of existing and proposed tree ights-of-way. The following trees adjacent to and within a. Whenever there is a conversion or a new use established, the requirements of this subsection shall be applicable to the entire lot. b. Whenever a principal building(s) is constructed, re- constructed or structurally altered by one or more 350 161 additions, the total of which increases the floor area by more than 10 percent, the requirements of this subsection shall be applicable to the entire lot. C. If any provision of this Chapter would preclude the planting of one or more trees adjacent to the right-of- way, the trees unable to be planted adjacent to the right-of-way shall be planted within the right-of-way according to the provisions of paragraph (3). However, trees excluded by the provisions of paragraph (3) may be omitted. d. If trees presently exist within the right-of-way, trees need not be planted adjacent to the right-of-way provided that the required number of trees exists. Additional trees required shall be planted adjacent to the right-of- way except as provided in subparagraph c above. (2) Required tree planting adjacent to street rights-of-way. Trees shall be planted adjacent to street rights-of-way and meet the following conditions: a. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the city forester. b. Large and medium size trees shall be planted at a minimum ratio of one tree for every 40 feet of lot frontage or for small size trees, every 30 feet of lot frontage. In the case of a corner lot, only one tree for every 60 feet of lot frontage shall be required. C. Trees shall be planted adjacent to street rights-of-way within eight (8) feet of the right-of-way line but not closer than four (4) feet to a public sidewalk or the anticipated location of a future sidewalk where one does not now exist. d. Small size trees may be located within eight (8) feet of a building; however, large and medium size trees shall not be located closer than 16 feet to a building. e. Large and medium size trees shall be spaced no closer than 40 feet apart, or for small size trees, no closer than 16 feet apart, except along streets where screening is appropriate or required. In the latter case, trees shall be planted in accordance with the provisions of Sec. 36-76(j) and be of a variety suitable for screening purposes as designated in the "List of Recommended Trees for Iowa City." f. Trees shall be located within tree islands and separated from parking areas pursuant to the requirements of paragraph (b)(2). 351 162 g. Trees shall not be located within a triangular area at street intersections, two (2) of its sides 30 feet in length and measured along the right -o£ -way lines from the point of intersection. h. Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private utilities above or below ground as determined by the utility companies and the City Engineer. (3) Placement of trees within public rights-of-way. Trees planted within public rights-of-way shall meet the following conditions: a. A tree planting permit shall be obtained from the City Forester. b. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the City Forester. C. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future sidewalk where one does not now exist. d. Trees shall not be located within five (5) feet of the curb. e. At street intersections, trees shall not be located within 70 feet of the intersection of curb lines along arterial streets, 50 feet along collector streets, or within 30 feet of the intersection of curb lines along residential streets. f. At the intersection of a street and an aisle or a drive and at the intersection of a street and an alley, trees shall not be located within 10 feet of the drive, aisle or the right-of-way line of the alley. g. Large and medium size trees shall be spaced no closer than 40 feet apart or located closer than 16 feet to a building. Small size trees shall be located no closer than 16 feet apart but may be located to within eight (8) feet of a building. h. Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private utilities above or below ground as determined by the utility companies and the City Engineer. (b) Trees on private property for residen The following provisions shall regula private property for residential uses ial uses and parking areas. e the planting of trees on and parking areas: 35A 163 (1) Applicability. a. Whenever the total number of parking spaces required or provided in a new parking area for a use exceeds 18 parking spaces, the requirements of this section shall be applicable. These requirements shall also apply in the following instances: b. This section shall apply to an existing parking area under the following conditions: 1. If the number of parking spaces in an existing parking area is increased to exceed an area which accommodates 18 parking spaces, the parking area in excess shall comply with the requirements of this section. 2. If an existing parking area, which exceeds 18 _ parking spaces, is increased in area, the additional parking area shall comply with the requirements of this section. 3. If an existing parking area does not consist of a ■ permanent dust -free surface and is required to be surfaced or altered in any way, the provisions of this section shall apply as if the parking area had not previously existed. C. Whenever a residential building is constructed, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by more than 10 percent, the requirements of paragraph (2) shall be applicable to the entire lot. d. Parking ramps, covered parking areas, and parking areas that are an integral part of a building shall be exempt !- from the requirements of this section. (2) Required tree planting for residential uses. Trees shall be planted on a lot with a residential use and meet the following conditions: a. The species to be planted shall be listed in the "List of ■ Recommended Trees for Iowa City" or permitted by the City Forester. ■ b. Trees shall be planted at the minimum ratio of one tree for every 550 square feet of total building coverage of the lot. (Where residential uses are combined with other uses, the building coverage shall be determined on the ■ basis of the greatest amount of residential floor area of any floor that is wholly or partially devoted to a residential use.) These trees shall be in addition to ■ the trees required to satisfy the requirements of Sec. 36-73(a)(2) and (b)(3). ■ 3s3 1 3155 164 ' - Thip 166 — DIVISION 3. PERFORMANCE STANDARDS Sec. 36-75. General. (a) New uses. Any use established in the commercial or industrial zones after the effective date of this Chapter shall comply with the minimum performance standards contained in this Division. — (b) Existing uses. Existing commercial and industrial uses which are not in compliance with the performance standards contained in this — Division are exempt except where a use did not comply with performance standards in affect prior to the adoption of this Chapter (see Sec. 1-79(b)). Conditions which do not comply shall not be increased in _ scope or magnitude. Such uses shall be permitted to be enlarged or altered provided that the addition or change conforms with the applicable performance standards. (c) Certification. When necessary, the Building Official may require of the applicant certification by a registered professional engineer or other qualified person, at the expense of the applicant, that the performance standards for a proposed use can be met. Sec. 36-76. Requirements. (a) Smoke. The emission of smoke from any operation or activity shall not exceed a density or equivalent opacity permitted below. For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used. (1) In the C zones and ORP Zone, the emission of smoke darker in shade than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion process beyond lot lines is prohibited. (2) In the I zones, the emission of smoke darker in shade than Ringelmann No. 2 from any chimney, stack, vent, opening, or combustion process beyond zone boundary lines is prohibited except that the emission of smoke of a shade not to exceed Ringelmann No. 3 is permitted for not more than three (3) minutes total in any one eight (8) hour period when starting or cleaning a fire. (b) Particulate matter. No person shall operate or cause to be oper- ated any process or furnace or combustion device for the burning of coal or other natural or synthetic fuels without using approved equipment, methods or devices to reduce the quantity of gasborne or airborne solids of fumes emitted into the open air exceeding a rate permitted below at the temperature of 500 degrees Fahrenheit. For the purpose of deter- mining the adequacy of such devices, these conditions shall apply when the percentage of excess air in the stack does not exceed 50 percent at full load. The foregoing requirement shall be measured by the A.S.M.E. Test Code for dust -separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. 356 167 (1) In the C zones and ORP Zone, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per standard cubic foot (70 degrees F. and 14.7 psia) of air during any one-hour period or a total from all vents and stacks of one-half (k) pound per hour per acre of lot area during any one-hour period. (2) In the I zones, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per standard cubic foot (70 degrees F. and 14.7 psia) of air during any one-hour period or a total from all vents and stacks of three (3) pounds per hour per acre of lot area during any one-hour period. (d) Toxic matter. The release of airborne toxic matter from any opera- tion or activity shall not exceed the fractional quantities permitted below of the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not listed, verification that the proposed level of toxic matter will be safe and not detrimental to the public health or injurious to plant and animal life will be required. The measurement of toxic matter shall be on the average of any 24-hour sampling period. (1) In the C zones and ORP Zone, the release of airborne toxic matter shall not exceed 1/8th of the Threshold Limit Values beyond lot lines. (2) In the I zones, the release of airborne toxic matter shall not exceed 1/8th of the Threshold Limit Values beyond zone boun- dary lines. (e) Odor. The emission of offensive odorous matter from any operation or activity shall not exceed the odor threshold concentration defined in the American Society for Testing and Materials Method D1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" as the level which will just evoke a response in the human olfactory system when measured as set forth below. (1) In the ID and C zones and ORP Zone, odorous matter shall not exceed the odor threshold concentration beyond lot lines at ground level or habitable elevation. (2) In the I zones, odorous matter shall not exceed the odor threshold concentration beyond zone boundary lines at ground level or habitable elevation. (f) Vibration. Earthborne vibrations from any operation or activity shall not exceed the displacement values below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum permitted displacements shall be determined by the following formula: X57 168 K D = f where D = displacement in inches K = a constant given in table below f = the frequency of the vibration transmitted through the ground in cycles per second Constant K by Type of Vibration Zone and Place of continuous impulsive (at less than Measurement least one second 8 pulses rest between per 24-hour pulses which do period not exceed one second duration) C Zones and ORP 0.003 0.006 0.015 Zone: at lot lines I Zones: a. at zone 0.030 0.060 0.150 boundary lines b. at R zone, 0.003 0.006 0.015 recreational area or school boundary lines (g) Glare. Glare or light from any operation and all lighting for parking areas or for the external illumination of buildings or grounds shall be directed or located in a manner such that direct or indirect illumination from the source of light shall not exceed one and one-half (1') footcandles at lot lines in any R zone or C zone where a residen- tial use is located. (h) Sewage wastes. The following standards shall apply to sewage wastes at the point of discharge into the public sewer. (1) Acidity or alkalinity shall be neutralized within pH range from six (6.0) to 10.5. (2) Wastes shall contain no cyanides; no chlorinated solvents in excess of one-tenth (.1) ppm; no sulphur dioxide or nitrates in excess of 10 ppm; no chromates in excess of 25 ppm; no chlorine demand greater than 15 ppm; no phenols in excess of five one -hundredths (.05) ppm. There shall be no more than 25 ppm of petroleum oil, nonbiodegradable cutting oils or pro- ducts of mineral oil origin or any combination thereof. There shall be no oil and grease of animal or vegetable origin in excess of 300 ppm. No waste listed in this section shall contain any insoluble substances exceeding a daily average of 500 ppm (if exceeded, the City may apply a cost surcharge) or failing to pass a No. 8 standard sieve or having a dimension greater than one-half (1/2) inch. 368 169 (i) Storage. (1) The open storage of materials and equipment shall not be permitted in any zone except the I-1 and I-2 Zones provided that the following requirements are met: a. Storage of materials and equipment shall be completely screened from view as required in Subsection (j) below. b. All combustible material shall be stored in such a way as to include, where necessary, access drives to permit free access of fire fighting equipment. (2) The bulk storage of flammable liquids and chemicals, when stored either in underground or above -ground tanks, shall occur no closer to the lot line or any principal building than the distance indicated by the following table: Minimum Separation Distances Water Capacity Underground Above -Ground Per Container Containers Containers Less than 125 gals. 10 feet None 125 to 250 gals. 10 feet 10 feet 251 to 500 gals. 10 feet 10 feet 501 to 2,000 gals. 25 feet 25 feet 2,001 to 30,000 gals. 50 feet 50 feet 30,001 to 70,000 gals. 50 feet 75 feet 70,001 to 90,000 gals. 50 feet 100 feet The distance may be reduced to not less than 10 feet for a single container of 1,200 gallons water capacity or less, provided such a container is at least 25 feet from any other container of more than 125 gallons water capacity. (j) 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 by the owner of the commercial or industrial use in accordance with the,provisions set forth below. 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 RR -1 or RS -5 Zone, screening, in accordance with the provisions set forth below, shall also be provided by the owner of the manufactured housing use. (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 sufficient to effectively obscure the commercial or industrial use from view at ground level within the lot lines of an R or ORP Zone, or school, abutting or located across the street from said commercial or industrial use. 2CQ 170 b. In an ORP Zone, screening shall be provided in a location and manner sufficient to effectively obscure all off- street parking and loading, storage, or other such areas of activity from view within the lot lines of the R Zone or%school: C. 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 RR -1 or RS -5 Zone. d. In all instances where street right-of-way, which acts to separate the lots on which said uses are located, is one hundred (100) feet or wider, screening shall not be required. (2) Screening materials. a. 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 Forestor. 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. b. 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. (3) Time of installation. a. If a lot proposed for a commercial or industrial use is located adjacent to or opposite an existing 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 RR -1 or RS -5 Zone, the owner of the manufactured housing use shall provide screening as described herein. 171 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 in an R zone, a final plat of a residential subdivision is approved, or a recreational area is available for use on adjacent or opposite land. (4) Exceptions. a. Where a proposed or existing commercial or industrial use is or will be located adjacent to or opposite a City recreational area, screening may be waived upon the granting of a special exception from the Board of Adjustment for the following reasons: 1. If adequate existing or proposed landscaping within the recreational area is or will be provided. 2. If the nature of a use and the building(s) occupied by the use are not objectionable to the purpose of the recreational area. b. Screening may be waived by the Building Official where the view is or will be blocked by a change in grade or by the natural or man-made features as determined by the Building Official. (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 (6) feet. Sec. 36-77. Reserved. DIVISION 4. Sec. 36-78. Intent. 172 It is the intent of this Chapter to regulate nonconforming uses and structures because they have been found to be incompatible with per- mitted uses and structures in the zone involved. However, single family uses shall not generally be treated as noncomforming uses. Nonconform- ing buildings shall be regulated to prevent an increase in the degree of nonconformity. The lawful use of any building or land existing on the effective date of this Chapter may continue although such use or land does not conform with the provisions of this Chapter. Sec. 36-79. General provisions. (a) Structural alterations. Structural alterations may be made to non- conforming buildings to meet the minimum requirements of other city codes. (b) Unlawful use not authorized. Nothing in this Chapter shall be interpreted as authorization for the continuance of the use of a struc- ture or land established unlawfully in violation of the zoning regulations in effect prior to the enactment of this Chapter. (c) Single family dwellings treated as conforming. Notwithstanding any other provision of this Chapter, a single family use, a single family dwelling and accessory structures, or a lot on which a single family dwelling is located, that was conforming prior to the effective date of this Chapter, shall generally be treated as conforming for as long as the dwelling is used for a single family use. Accordingly, the following rights shall be granted under this Chapter. (a) Structures for a nonconforming single family use may be restored for a single family use if destroyed or damaged by fire, explosion, act of God, or by a public enemy; recon- structed; expanded; repaired; and structurally altered, provided all other requirements of this Chapter are met. (b) Nonconforming single family dwellings or nonconforming accessory structures to a single family use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God, or by a public enemy; repaired; and structurally altered, provided such construction does not increase or extend the degree of nonconformity. Nonconforming structures shall not be reconstructed except in compliance with the provisions of this Chapter. (c) A nonconforming single family use and a nonconforming single family dwelling and accessory structures on a nonconforming lot shall be granted the same rights as above and any other rights as if the lot were conforming. (d) A nonconforming single family use and a nonconforming single family dwelling and accessory structures shall also be granted the same rights as for other nonconforming uses and structures. 3ba 173 Sec. 36-80. Nonconforming uses. Except as otherwise provided in this Chapter, nonconforming uses and structures for nonconforming uses shall be regulated as follows. (a) No nonconforming use shall be enlarged nor shall a structure for a nonconforming use be constructed, reconstructed, structurally altered, or relocated on the lot. (b) A nonconforming use may be converted only to a conforming use. Once a use is converted to a conforming use, it shall not be converted back to a nonconforming use. (c) Any structure for a nonconforming use, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of less than 100° of the structure's assessed value, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use shall not be enlarged to more than existed before such damage. (d) A lot or portion of a lot, on which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100°, or more of the structure's assessed value, shall revert to a conforming use. (e) A lot or portion of a lot devoted to a nonconforming use, which is discontinued for a period of 'one (1) year, shall revert to a conforming use. (f) A nonconforming use shall be permitted to have the same amount and type of signage as would be allowed for such use in the most restrictive zone in which such nonconforming use is allowed. Sec. 36-81. Nonconforming structures. Nonconforming structures shall be regulated as follows. (a) Any nonconforming structure, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of less than 100° of the structure's assessed value, may be restored to the same degree of nonconformity or less. (b) A nonconforming structure, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% or more of the structure's assessed value, shall not be restored except in compliance with the provisions of this Chapter. (c) Any nonconforming structure containing a conforming use may be converted to another conforming use, provided there shall not result an increase in the degree of nonconformity of the structure. (d) A nonconforming structure may be structurally altered, provided it is structurally altered in a way which will not increase or extend its nonconformity or in a way which will reduce its nonconformity. �� 2 174 (e) Any nonconforming structure which is relocated on the same lot shall thereafter conform to the provisions of this Chapter. Sec. 36-82. Nonconforming lots. Development of nonconforming lots shall be regulated as follows. (a) Any use or structure for a use permitted in the zone in which the lot is located may be established or erected, provided the use or structure meets all other requirements of this Chapter. However, no use nor structure for a use, either one of which requires more lot area than presently exists, shall be permitted. (b) All existing conforming or nonconforming uses and structures shall be treated as if such uses and structures were established on a conforming lot. However, no use nor structure for a use, either one of which requires more lot area than presently exists and the structure of which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 1007, or more of the structure's assessed value, shall be restored except in compliance with the provisions of this Chapter. (c) If two or more abutting lots or portions thereof become in single ownership, the land involved shall be deemed a single parcel for the purposes of this Chapter and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot frontage, width and area requirements. Sec. 36-83. Reserved. -�LU 175 DIVISION 5. IMPLEMENTATION Sec. 36-84. Enforcement. (a) 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. (b) Appeals from a decision of the City Manager or his/her designee in enforcing this chapter may be made to the Board of Adjustmnet as provided in Section 1-79. Sec. 36-85. Construction prior to Chapter. Nothing in this Chapter shall require any change in plans, con= struction or designated use of a structure for which a building permit has lawfully been issued prior to the effective date of this Chapter. Sec. 36-86. Building and occupancy certificates. No building or construction may be undertaken in the city until a building permit has been issued by the City Manager or his/her designee for such building or construction. No change in the use or occupancy of land, nor any change of use or occupancy in an existing building, other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the City Manager or his/her designee. If a building permit has not been issued prior to the adoption of this Chapter, every certificate of occupancy shall state that the new occupancy complies with all provisions of this Chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the City Manager or his/her designee. A certificate of occupancy may be obtained for nonconforming uses. Application for certificate of occupancy for nonconforming uses shall be accompanied by affidavits of proof that such nonconforming use was not established in violation of the zoning ordinance after July 26, 1962, and before the adoption of this Chapter. Sec. 36-87. Rules of construction for boundaries of zones. (a) Where uncertainty exists with respect to the boundaries of various zones as shown on the zoning map accompanying and made a part of this Chapter, the following rules apply: (1) The boundaries of the zones are the centerlines of either streets or alleys unless otherwise shown, and where the zones �G � 176 designated on the map accompanying and made a part of this Chapter are bounded approximately by street or alley lines, the centerlines of such street or alley shall be construed to be the boundary of the zone. (2) Where the boundaries of the zone are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the boundaries of the zone shall be construed to be the lot lines and where the zones designated on the zoning map accompanying and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones unless the boundaries are otherwise indicated on the map. (3) In separate tracts not subdivided and in unsubdivided property, the zoning boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map. (b) In interpreting and applying the provisions of this Chapter, such provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater restriction this Chapter shall control. Sec. 36-88. Amendment of ordinance. (a) The City Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of zones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within 45 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. After the recommendation and report of the Commission have been filed, the Council shall before enacting any proposed amendment, supplement, change, modification or repeal, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of Iowa City. The Council may set such public hearing either before or after it submits such proposed amendment, supplement, change, modification or repeal to the Commission for its recommendation, or during the period while the Commission is considering such matter. (b) If a protest against such proposal, amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such proposed change; or of the area of those abutting lots extending the depth of one (1) lot or not to exceed 200 feet therefrom in any one (1) direction perpendicular to a side or rear lot line; or of the area of those lots directly across a 3(06 177 street extending the depth of one (1) lot or not to exceed 200 feet from the street frontage of the lots, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the Council. (c) 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 such filing fee, if any, as the Council may from time to time establish by resolution for petitions for rezoning. (d) No building permit for the erection of any building or structure or license or permit for the conduct of any use shall be issued for a period of 60 days after the City Council of Iowa City has set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone an area, if the building or use contemplated by the requested permit would not be permitted in that area under the proposed zoning classification. Provided, that if final action by the City Council is not taken on the question within 60 days of the time the matter is set for public hearing, the permit or license shall issue. If within the 60 day period the City Council shall enact an ordinance amending the Zoning Ordinance the provisions of said Zoning Ordinance as amended shall thereafter be in effect. If within the 60 day period the City Council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations. (e) If a permit for a building or structure has been issued for a particular area but no substantial part of the construction has been commenced at the time, if the City Council shall set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all construction and other action shall be suspended for a period of 60 days after the setting of the public hearing. Provided, however, that if final action by the City Council is not taken on the question within 60 days, construction may be commenced. If within the 60 day period the City Council shall enact an ordinance amending the Zoning Ordinance, the provisions of the Zoning Ordinance as amended shall be in effect and if said provisions prohibit the building, structure or use contemplated by the suspended permit, said permit shall stand automatically revoked and terminated. If the City Council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and construction may be commenced under the permit. The suspension of work under the provisions of this Ordinance may not be invoked and are not applicable if previously said permit has been suspended under the provisions of this Chapter. (f) No property or area within the City shall be subject to the suspen- sion provisions of this Chapter unless 12 months shall have expired after a previous suspension period, said 12 month period to commence with the final day of the 60 day suspension period provided for in this Chapter. -ZL7 178 (g) The Planning and Zoning Commission may recommend to the City Council amendments, supplements, changes, or modifications to this Chapter or to the boundaries of zones or to the zoning of particular tracts. If the Commission initiates a recommendation to the Council, said recommendation need not be submitted to the Commission for its report but may be set for public hearing forthwith. Sec. 36-89. Violations. (a) The owner or manager of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, or who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Chapter, shall be subject upon conviction, to imprisonment not to exceed thirty days, or a fine not exceeding $100.00. Each day that a violation is permitted to exist after proper notice shall constitute a separate offense. (b) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter, the appropriate authorities of the City of Iowa City, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land. Sec. 36-90. Annexation. (a) Voluntary annexation: All applications for voluntary annexation of land to the City of Iowa City shall, in addition to the necessary requirements for annexation, designate the zoning classification which the applicant wishes for his property. Upon receipt thereof, the application shall be referred to the Planning and Zoning Commission for recommendations on both the annexation and the requested zoning. The Planning and Zoning Commission shall have the same time periods for its consideration as in any rezoning matter. The Commission may recommend approval of the requested zoning or the denial thereof. In the event the Commission recommends denial, it shall make an additional recommen- dation as to what zoning classification it recommends. A copy of its report shall be forwarded to the applicant and shall be on the agenda for the next meeting of the City Council. The Council shall set the zoning matter for Public Hearing, prescribing the same notice requirements as for a rezoning application and shall specify the zoning classification recommended by the Commission. If the Council approves the zoning classification recommended by the Commission, it shall be set by ordinance. A zoning classification other than that recommended by the Commission shall not become effective except by the favorable vote of three-fourths of the members of the Council; and an application for acs 179 voluntary annexation not recommended by the Planning and Zoning Commission shall not become effective unless approved by a favorable vote of three-fourths of the members of the Council. The resolution providing for annexation shall be acted upon by the City Council at the time the Council takes action on the zoning classification. In the event an applicant does not designate a zoning classification in the application for voluntary annexation, no Public Hearing shall be required and the property may be annexed and shall be classified in the Ag zone and shall be subject to all provisions of the Zoning Ordinance. (b) Involuntary annexation: Whenever, after Public Hearing thereon, the City Council shall determine that involuntary annexation proceedings should be undertaken against lands to be annexed, the matter shall be referred to the Planning and Zoning Commission for its recommendation as to the zoning of said lands. Upon receipt of said recommendation, the City Council shall set the zoning classification for a Public Hearing, prescribing the same notice requirements as for rezoning application and specifying the zoning classification(s) recommended by the Commission. If the Council approves the zoning classification(s) recommended by the Commission, it shall adopt an ordinance setting forth the various zoning classifications for said lands. The Council may approve a higher or more restrictive classification for all or any part of the lands to be annexed than recommended by the Planning and Zoning Commission. However, prior to approval of any lower or less restrictive classifi- cation, the Council must send the matter back to the Commission for its recommendation on the lower classification(s). In the event the matter is returned to the Commission subsequent to the Public Hearing, a new Public Hearing shall be held thereon after the Commission forwards its report and recommendation to the Council. If the Commission recommends against the lower classification, it shall not become effective except by a favorable vote of three-fourths (3/4) of the members of the Council. ME DIVISION 6. APPEALS Sec. 36-91. Board of Adjustment. (a) Establishment. The Board of Adjustment heretofore established shall continue. The Board shall consist of five members each to be appointed by the Mayor with the consent of the City Council for a term of five years. Members shall be residents of Iowa City and shall serve without compensation. Members shall be removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant. No member shall be appointed to succeed himself/herself; provided, however, that a member originally appointed to fill an unexpired term with one (1) year or less remaining may be reappointed for one full five year term. (b) Organization. Meetings of the Board shall be held at least once a month when applications are pending before the Board. The Board shall adopt rules to establish the time and place of meetings, the procedure for the selection of a chairperson and vice -chairperson, who shall act as chairperson when the chairperson is absent or abstaining, and such other procedural rules as are necessary to implement the provisions hereof. Copies of all rules shall be kept on file in the office of the Board's Secretary and in the office of the City Clerk. The chairperson, or in his/her absence, the acting chairperson, may administer oaths or compel the attendance of witnesses. (c) Secretary. The Director of the City's Department of Planning and Program Development shall designate one member of his/her staff to serve as Secretary of the Board. The Secretary, who shall not be a member of the Board, shall be responsible for maintaining the Office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. (d) Vote required. A majority of the Board shall constitute a quorum. 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 effect any variation. (e) Procedure. The Board shall conduct hearings and make decisions in accordance with the following requirements: (1) Public meetings. All meetings shall be open to the public. (2) Public notice. The notice of the time and place of hearings shall be published in a paper of general circulation not more than 30 nor less than 15 days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the appeal. (3) Record of proceedings. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such ';7 0 181 fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Secretary of the Board. (4) Written decisions. The Board shall render written decisions which shall be filed with the City Clerk. (5) Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building per- mitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (f) Commencement of Proceedings. (1) Appeals. a. By whom. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, or board of the City, affected by any decision of the City Manager or his/her designee, or by a decision of the Zoning Code Interpretation Panel or of the City Manager when the Panel cannot reach a decision. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the City Clerk a notice of appeal specifying the grounds therefor. A duplicate copy of such notice shall be filed with the Board Secretary. The City Manager or his/her designee shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. b. Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from, including, with- out limitation of the foregoing, a permitee's right to proceed with development or other activities authorized under a building permit, the issuance of which is a sub- ject of the appeal, unless the City Manager or his/her designee certifies to the Board after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate, a stay would in his/her opinion, cause imminent peril to life or property. In such case, proceedings or development shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on appli- cation, on notice to the City Manager or his/her designee for due cause shown. (2) Special Exceptions and Variances. Applications for special X71 182 exceptions and variances shall be filed with the City Clerk. At a minimum, the application shall include the following: (a) The name and address of each applicant; (b) The names and addresses of the owner of the property in question and of the architect, professional engineer, and contractor, if any; (c) The names and addresses of the record owners of all property located within 200 feet of the property in question; (d) A map or plat showing the location and record owner of each property opposite or abutting the property in question; (e) A narrative statement of the grounds offered as support for the special exception or variance; (f) A map or plot plan, drawn to scale, of the property in question. (3) Fees. A filing fee shall be paid at the time any appeal or application is filed. Filing fees shall be as established from time to time by resolution of the City Council. No fee shall be charged for an appeal or application filed by any officer, department, or board of the City. (g) Powers. The Board shall Dave the following powers: (1) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the City Manager or his/her designee in the enforce- ment of this Chapter or of any ordinance adopted pursuant thereto. (2) Special exceptions. To hear and decide applications for special exceptions to the terms of this Chapter, and enlarge- ments thereof, in accordance with the general regulations of the zone in which the property is located and specific stan- dards contained herein. a. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed opera- tion, and such other evidence as deemed appropriate. b. Standards. In order to permit a special exception, the Board must find that the standards set forth in this Chapter with respect to the specific proposed exception shall be met, and that the general standards detailed herein shall be met or are not applicable: 37a 183 1. That the specific proposed exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood. 3. That establishment of the specific proposed excep- tion will not impede the normal and orderly develop- ment and improvement of the surrounding property for uses permitted in the zone in which such property is located. 4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 5. That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. That, except for the specific regulations and stan- dards applicable to the exception being considered, the specific proposed exception shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. 7. That the proposed use shall be consistent with the short range Comprehensive Plan of the City. C. Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construction commencement and completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions, yards, parking requirements, the duration of a use or ownership, or any other require- ment which the Board deems appropriate under the circum- stances upon a finding that they are necessary to fulfill the purpose and intent of this Chapter. (3) Variances. To authorize upon appeal in specific cases such variances from the terms of this Chapter as will not be con- trary to the public interest, where owing to special condi- tions there are practical difficulties or particular hardships in the way of achieving strict compliance with the provisions of this Chapter. No variance to the strict application of any provision of this Chapter shall be granted by the.Board unless the applicant demonstrates that all of the following elements are present: 2-72 184 a. Not contrary to the public interest. (1) The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance. (2) The proposed variance will be in harmony with the general purpose and intent of this Chapter, and will not contravene the objectives of the Comprehensive Plan. b. Unnecessary hardship. (1) The property in question cannot yield a reasonable return if used only for a purpose allowed in such zone; and (2) The owner's situation is unique or peculiar to the property in question; it is not shared with other landowners in the area nor due to general conditions in the neighborhood; and (3) The hardship is not of the landowner's own making or of a predecessor in title. C. Conditions. In permitting a variance, the Board may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construc- tion commencement and completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions, yards, parking requirements, the duration of a use or ownership, or any other require- ment which the Board deems appropriate under the circumstances, upon a finding that they are necessary to fulfill the purpose and intent of this Chapter. (4) Interpretation. To interpret this Chapter in any case where it is alleged there is an error in any decision, determina- tion, or interpretation made by the Zoning Code Interpretation Panel or by the City Manager in cases where the Panel was unable to reach a decision regarding the meaning of the pro- visions of this Chapter. Interpretations rendered by the Board hereunder shall be binding upon the City Manager or his/her designee in the enforcement of this Chapter. (h) Petition of certiorari. Any person or persons jointly or severally aggrieved by any decision of the Board under the provisions of this Chapter, or any taxpayer, or any officer, department or board of the City may present to a court of record a petition duly verified setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the City Clerk. 371 CITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, 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. 83-3160 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of December , 1983 , all as the same appears of record in my office and pub ished Tin the Iowa City Press -Citizen on the 30th day of December , 19 83 . Dated at Iowa City, Iowa, thislOth day of January ,19 84 foam na Parrott, Deputy City CTerk the Social Security Act. �- y - -� ` (3) Enlargement/expansion. An increase in the volume of a building, an increase in the area of land or building occupied by a use, or an increase in the number of occupants or dwelling units. (4) Extraction. The extraction of sand, gravel, or top soil as an industrial operation, exclusive of the process of grading a lot preparatory to the construction of a building. (f) (1) Family. One (1) person or two (2) or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single, housekeeping organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption. (2) (3) Family care facility/family home. A community-based residential home, which is licensed either as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of the Code of Iowa, that provides room and board, personal care, hali'illtation services, and supervision in a family environment by a resident family for not more than eight (8) developmentally disabled persons. However, family care facility does not mean an individual foster care family home licensed under Chapter 237. Farm. An area of not less than 10 acres for which the principal use is the growing for sale of farm -products such as vegetables, fruits, and grain and their storage on the land. The term farm" includes the necessary accessory uses and „ (11) Lot area. The total area within the lot lines of a lot ex- cluding any area located within a public or private street. (12) Lot coverage. The percentage of the lot area covered by the building area. licensed public utility Company or Dy a Such systems do not include those owned a City of Iowa City or other governmental age, (q) (1) Quarry. Land used for the purpose of e: (13) Lot depth. The mean horizontal distance between the front lslate as an industrial operation. ot line and the rear lot line, or the distance between the midpoint (r) (1) Remodel/repair. Any improvement in a buM of the front lot line and the midpoint of the rear lot line. structural alteraClon. (14) Lot frontage. The continuous width of a lot measured along (2) Religious institution. An organization h the street (right of way line). purpose, which has been granted an exemptio (IS) line. A line oriented in terms of stable points of as s Sec. 501(c)(3) organization under tlu ref Code, including churches, rectories, meeti reference which establishes one boundary of a lot. and the facilities that are related to their (16) Lot line, front. A lot line separating the lot from the street. On corner lots, the front lot line is the shortest street dimension except that if the lot is square or almost square, i.e., has dimensions at the ratio of from 3:2 to 3:31 then the front lot line may be along either street. (17) Let line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular shaped lot, it is an imaginary line within the lot, 30 feet in length, and parallel to and farthest from the front lot line. (18) Lot line, side. Any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot line. (3) Restaurant. A business where the dispensin .tion at indoor tables of edible foodstuff the principal business, including a cafe, shop, delicatessen, )unch room, tearoom, cocktail lounge or tavern. The total seF within the enclosed portion of the premise percent of the total floor area. (4) Restaurant, drive-in/carry-out. An auto , principal operation is the dispensing N and/or beverage for consumption in auto outdoor tables, at stand-up counters premises. The total seating area 50 percent of the floor area. (51 Retail establishment. An a, U 0 v� o U a. 4y (3) Restaurant. A business where the dispensin .tion at indoor tables of edible foodstuff the principal business, including a cafe, shop, delicatessen, )unch room, tearoom, cocktail lounge or tavern. The total seF within the enclosed portion of the premise percent of the total floor area. (4) Restaurant, drive-in/carry-out. An auto , principal operation is the dispensing N and/or beverage for consumption in auto outdoor tables, at stand-up counters premises. The total seating area 50 percent of the floor area. (51 Retail establishment. An OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFDINA`ti w. 83_3Ihn Aw Dm)i NANCE afrExt1NO INE 24t4I143 OIC)INAtrg AID ADOPTING A taN ZONING oRDIIANCE. BE IT o INED BY THE CITY mI1N7IL O [ONA CITY, IoAP SWTION 1. P�. the purpose of this ordinane peal the Zoning Ordi- nance and replace with a new revised Zoning Ordinance. SECTION ]I. AI@D!ffir15. The Iowa City node--fOrdinuume is hereby awarded as follows: A. Appendix A of the Iowa City Code of Ordimnea, entitled Zoning, is hereby repealed in its entirety. B. A new Chapter 36 of the Iowa City Code of Ordinance¢, entitled Zoning, is hereby adopted. Said Chapter 36 is attached hereto and included herein by reference. Sec. 36-1. Purpose. BFLTION Ill. NEPE M, All ordinances ar0parTsoT--ora1nancxa, in conflict with the provision of this ordinance are hereby repealed. SBCT30N W. SEVERABILITY: If airy sectnon, Prov s on or part of the Ordi- nance 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 prrt thereof not adjudged invalid or u.titutional. SECTION V. EFFECTIVE TATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. passed and approved this 20th day Of Decembor, 1983. n MAYOR ATTEST: l%7vi.�...L / �c CITY CLFFR CHAPTER 36 ZONING ARTICLE I. GENERAL The purpose of this Chapter shall be to promote the public health, safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen congestion in the streets; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage disposal, schools, parks, and other public requirements. Sec. 36-2. Name. This Chapter shall be known and may be cited and referred to as the City of Iowa City "Zoning Chapter" or "Zoning Ordinance." Sec. 36-3. General effect of this chapter. Except as otherwise provided in this Chapter, the use of premises and structures in the City shall be in accordance with the minimum standards herefnnfter established. (a) No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the zone in which the structure is located. (b) No use shall be established nor shall any structure be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations for the zone in which the use or structure is located. (c) No structure shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the yard regula- tions for the zone in which the building is located. (d) No use shall be established or enlarged nor shall any structure be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the off-street parking regulations for the zone in which the use or structure is located. (e) The yards, parking spaces, or lot area required for one structure or use under this Chapter cannot be used to meet the requirements for another structure or use. (f) Every use hereafter established or structure erected or structurally altered shall be located on a lot as herein defined, and the number of uses and structures permitted on a lot shall be as follows: (1) In the RS zones there shall not be more than one (1) principal use or building on a lot. There may, however, be more than one (1) accessory use or structure on a lot. (2) In all other zones, there may be more than one (1) principal use, building, and accessory use and structure on a lot. (g) No use which is permitted as a special exception under this Chapter shall be established or enlarged except as permitted by the Board of Adjustment. Sec. 36-4. Definitions. The following definitions shall be applicable to this Chapter unless a contrary meaning is indicated by the text. Words in the present tense include the future tense. The singular number includes the plural and the plural number includes the singular. The word "shall" is always mandatory, the word "may" is permissive. Terms not defined shall have the meanings customarily assigned to them as defined in Webster's New Collegiate .Dictionary. Uses not defined or listed shall have the meanings as defined in or categorized according to the Standard Industrial Classification (SIC) Manual, Superintendent of Documents, U.S. Government Printing Office. (a) (1) Abut/abutting. Contiguous; having a boundary, wall or property line in common. (2) Access. The place, means or way by which pedestrians or ve- hicles shall have ingress and egress to a property or parking area. (3) Accessory building/use. A building or use which: (a) is subordinate to and serves a principal building or use; (b) is subordinate in area, extent, or purpose to the principal building or use served; (c) contributes to the comfort, convenience, or necessity of occupants of the principal a e �, g3-3/Lo OFFICIAL PUBLICATION OFFICIAL PUBLICATION 299 building or use; and (d) except for off-street parking as- (l provided in Sec. 36-58(d), is located on the sase lot as or across a street, alley or railroad right-of-way from the principal use. (4) Addition. An extension or increase in floor area or height of a building or structure. (5) Aged. Any person who is eligible because of age to receive old age insurance benefits Under Section 202A, Title II of the Social Security Act (see Social Security Act and Related Laws, April 1982 edition). (6) Aisle. An asphalt, concrete or similar permanent dust -free surface which is connected directly to a parking or loading space and designed to permit ingress or egress of a vehicle to or from the parking or loading space. (In no case can an aisle be a drive - see definition for "drive.") (7) Alley. An opened public way which is intended only for Use as a secondary means of vehicular access to abutting property. (8) Alter/alteration. A structural alteration, enlargement or remodeling of a building, or the moving of a bditding from one location to another. (9) Apartment house. See "Dwelling, multi -family. - (10) Assessed value. The value of real property as established by the City Assessor, or by a higher authority upon appeal, and is the value upon which the next fiscal year's real estate taxes are based. (11) Auto and truck oriented use. Any use intended or designed to provide a service to occupants while they are within a motor vehicle, such as drive-in financial institutions; any use related to the sale, servicing or repair of vehicles, such as but not limited to car washes, automobile service stations and garages, and automobile accessory sales; and uses catering to the convenience of drivers of motor vehicles, such as but mat limited to convenience groceries not more than 4,000 square feet, drive-in restaurants, service shops, dry cleaning centers and photodeveloping drop centers. (b) (1) Balcony. A covered or uncovered platform area projecting from the wall of a building, enclosed by a railing, accessible from above grade, and not attached to the ground. (2) Basement. A portion of a building located partially Under- ground, but having three -end -oma -half (3%) feet or more of its floor -to -ceiling height above grade. A basement is counted as a story for the purpose of height and yard regulations. (3) Board of Adjustment. An administrative hearing board created by Chapter 414 of the Code of Iowa which is authorized to hear appeals from decisions of the City Manager or his/her designee, or by decisions of the Zoning Code Interpretation Panel or of the City Manager when the Panel cannot reach a decision and to grant variances and special exceptions. (4) Boarding house. A residential building where, in addition to lodging, wale are provided for tenants but not for the public. (5) Build. To construct, assemble, erect, convert, enlarge, reconstruct, or structurally alter a building or structure. (6) Buildable area. The area remaining on a lot after the minimum open -space requirement for yards has been met. (7) Building. Any structure having a roof and designed or intended for the support, enclosure, shelter or protection of persons, anima Is, or property. (8) Building, detached. A building which is not connected to another building. (9) Building area. See "ground area." (10) Building coverage. The amount of land coveted or permitted to be covered by a building or buildings, usually measured in terms of percentage of a lot. (11) Building height. The vertical distance from the grade to the roof line. (12) Building line. The front yard line. (13N - +al. The City employee designated to enforce .h=t a proposed and 8p7)npal , al PaBagv 897e9 me 8v7ava7a a *lea".�s se 2a9seq s"q Poe. 119elsa Jrd gaaa sao7,uas apn TAol Fo alpa g TA V of q�Fe0110'r.ans ua 8ologd ?sodas aao9 at odoge Pvoa Tale d�a�9llgheaffUY .1 a�Q a �8 ip qa ur ooajM i7 ea )s If9e ad a 7Pn7no al7elaa 7 Pa8e8va odtol 'aieno ..A7pva Fav ao ova feooetad e Pat via eo8 re._ OFFICIAL PUBLICATION OFFICIAL PUBLICATION (c) (1) Cellar. A portion of a building located partially or wholly underground and having less than three-and-one-balf (311) feet of its floor -to -ceiling height above grade. A cellar is not counted as a story for the purpose of height and yard regulations. (2) Certificate of occupancy. Official certification that a premises conforms to provisions of this Chapter and. such other ordinances as may be applicable and may be used or occupied. Such a certificate is granted upon completion of new construc- tiou or for alteration or additions to existing structures. (3) Child care facility. State licensed or registered facility where children are temporarily left with attendants. (4) City. The City of Iowa City, Iowa. (5) Clinic. An office occupied by one or more members of a healing profession. (6) Club. A meeting place of an association with restricted access to the general public controlleCity its membe55; and in which property is actually ownad,.4e6WM Or held in common for, the benefit of its members. For purposes of this Chapter this definition does not include a fraternity or sorority house. (7) Commercial recreational uses. Facilities which are used primarily for physical exercise or culture and which include but are not limited to campgrounds, courts, gyms, swimming pools, locker and training rooms, target or shooting ranges, amusement arcades, and billiard balls. Such facilities do not include massage parlors and establishments which features nude dancing. (8) Commission. The Planning and Zoning Commission of Iowa City, Iowa as created by Chapter 414 of the Code of Iowa and the City Code of Ordinances. (9) Confinement feeding operations. One or more roofed or partially roofed animal enclosures, designed to contain liquid or semi-liquid animal wastes, and in which the maximum number of animals confined at one time exceeds 50 beef cattle, 40 dairy cattle, 250 swine over 40 pounds, 1800 swine less than 40 pounds, 600 sheep, 3,000 turkeys, 15,000 broiler chickens or 9,000 layer chickens. (10) Conversion. Any change of one principal use to another prin- cipal use. (11) Council. The City Council of Iowa City, Iowa. (12) Court. A space, open and unobstructed to the sky, located at grade on a lot and bounded on three or more sides by walls. (d) (1) Deck. A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground. (2) Density, gross. The number of dwelling units per unit area of land (usually expressed as dwelling units per acre). (3) Development. Any man-made change to improved or unimproved property including but not limited to buildings, mining, dredging, filling, grading, paving, excavation or drilling operations. (4) Developmentally disabled. Any person who has a disability attributable to but not limited to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; diplexis resulting from an above disability; or a mental or nervous disorder which disability originates before such individual attains age 18, and which constitutes a substantial impairment expected to be long -continued and of indefinite duration. (5) Discontinuance. Whenever a non -conforming use is abandoned, ceased, or terminated. (6) Downzoning. A change in the zoning classification of land to a classification permitting development that is less intensive or dense, such as from multifamily to single-family or from commercial or industrial to residential. (7) Drive/driveway. An asphalt, concrete or similar permanent dust -free surface designed to provide vehicular access to a parking area. (8) Dwelling. A building which is wholly or partially used or intended to be used for residential occupancy. (9) Dwelling, duplex. A dwelling containing two (2) dwelling units. (10) Dwelling, farm. A dwelling located on a farm and occupied by the family which maintains and operates, owns or has a leasehold interest in the farm on which the dwelling is located. (11) Dwelling, four-plex. A multi -family dwelling containing four (4) dwelling units. (12) Dwelling, high-rise multi -family. A multifamily dwelling exceeding three (3) stories in height. (13) Dwelling, low-rise. A multi -family dwelling not exceeding more than three (3) stories in height. - (14) Dwelling, multi -family. A dwelling containing three (3) or more dwelling units. (15) Dwelling, single-family. A building containing one dwelling unit. This definition does not include the term "mobile home." l continued on page 2 . 83- .3 3 - 99 211 --Iowa City Press-Citizen—Friday, December 30, IM 0110—r- OFFICIAL PUBLICATION continued from page 1 (16) Dwelling, tri-plex. A multi -family dwelling containing three (3) dwelling units. (17) Dwelling, zero lot line. A single family dwelling with one or More walls located on a side lot line(s) which is not a stfeet or alley right-of- way line. (18) Dwelling unit. 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. (19) Dwelling unit, efficiency. A dwelling unit consisting of one principal room, in addition to a bathroom, hallway, and closets, which serves as the occupant's living room, bedroom, and in some instances, the kitchen. (e) (1) Easement. A right given by the owner of land to another person for specific limited use of that land, e.g., to allow access to another property or for utilities. (2) Elderly housing. A dwelling especially designed for use and occupancy of persons who are aged or who are handicapped within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Security Act. (3) Enlargement/expansion. An increase in the volume of a building, an increase in the area of land or building occupied by a use, or an increase in the number of occupants or dwelling units. (4) Extraction. The extraction of sand, gravel, or top soil as an industrial operation, exclusive of the process of grading a lot preparatory to the construction of a building. (f) (1) Family. One (1) person or two (2) or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single, housekeeping organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption. (2) Family care facility/family home. A community-based residential bome, which is licensed either as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 of the Code of Iowa, that provides room and board, personal care, habilitation services, and supervision in a family environment by a resident family for not more than eight (8) developmentally disabled persons. However, family care facility does not mean an individual foster care family home licensed under Chapter 237. (3) Farm. An area of not less than 10 acres for which the principal use is the growing for sale of farm products such as vegetables, fruits, and grain and their storage on the land. The term "farm" includes the necessary accessory uses and buildings for treating and storing the food produce. (4) Feedlot. A lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term does not include areas which are used for the raising of crops or other vegetation and upon -which livestock are allowed to graze or feed. (5) Filling station. Any building or premises used for the dispensing or retail sale of motor vehicle fuel or oil. When the dispensing or sale is incidental to the operation of a commercial garage, the premises shall be classified as a commercial garage. (6) Financial institution. An establishment for the receiving, keeping, lending of money, and the exchange of funds by checks or notes, including banks, savings and loans, credit unions, and similar establishments. (7) Floor area. The total area of all floors of a building or portion thereof measured to the outside surface of exterior walls or the centerline of walls to attached buildings or uses. It does not include garages, porches, balconies, and other appurtenances. Space in the basement or cellar and all other space shall be included as floor area if used for a principal or accessory use permitted in the zone in which the building is located. (8) Floor area ratio (FAR). The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. (9) Fraternity/sorority house. A building used as a residence by a chapter of a fraternal or sororal nonprofit organization recognized by the University of Iowa. For purposes of this Chapter this definition does not include a rooming house. &Z". 9'3-3/(; a s£ w 83-3/G c (30) Frontage. The distance along a street line (right of way L �1 line) from one intersecting street to another, or from one intersecting street to the end of a dead end street or the end of a cul-de-sac. (g) (1) Garage, commercial. Any building or premises used for equip- ping, repairing, renting, selling or storing motor vehicles, and at which automobile fuels, and supplies my be sold. (2) Garage, private. An accessory building which is under the control and use of the occupants of the min building. (3) Grade. The top surface elevation of lawns, walks, drives, or other improved surfaces after completion of construction or grading and landscaping. For the purpose, of determining height of a building, the grade is the average level at the corners of the exterior walls of a building. _ (4) Ground area. The area of a building within its largest outside dimensions computed on a horizontal plane at the first floor level, exclusive of open porches, breezeways, terraces, and exterior stairways. (5) Ground floor/first floor. The lower-most floor of a building having its floor -to -ceiling height at or above the grade. (6) Group care facility. A government licensed or approved facility which provides resident services is a dwelling to more than eight (g) individuals not including resident staff, but not exceeding 30 individuals. These individuals are developmentally disabled, aged or undergoing rehabilitation; are in need of adult supervision; and are provided as "ices in accordance with their individual Deeds. Group care facilities shall not include nursing homes. (7) Guest. An individual who shares a dwelling in a son -pe comment status for not more than 30 days. - ;h) (1) Hedge. A boundary formd of a row of closely planted shrubs or bushes. (2) Home occupation. An accessory use consisting of an occupation or profession carried on by a person residing on the premises. (3) Hospital. An institution providing health services for bumn in-patient radical care for the sick or injured and including related facilities such as laboratories, out-patient facilities, emergency medical services, and staff offices which are an integral part of the facility. (4) Hotel. A residential building licensed by the State and occupied and used principally as a place of lodging for guests. Hotels my or may not provide meals and there are usually so cooking facilities in guest rooms (see "hotel, apartmat"). (5) Hotel, apartment. A multi -family dwelling under resident supervision which mintains an interlobby through which all tenants must pass to gain access to the apartments and which my furnish services ordinarily furnished by hotels, such as a drug store, barber shop, cosmetologist, cigar stand or newsstand, when such uses are located entirely within the building with no separate entrance from the street or visible from any sidewalk, and having no sign or display visible from outside of the building indicating the existence of such services. .) Reserved. - (1) Junk yard. An.. area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disas- sembled or assembled, stored or handled, including the disman- tling or "wrecking" of automobiles or other vehicles or machinery. A junk yard is also a housewrecking yard, used lumber yard, and place for storage of salvaged building mterials sod structural Keel mterials and equipmat. (1) Kemal. An establishment where smll animals are bred, raised, trained, groomed, and boarded for compensation, sale or other commercial purposes. 661,e- OFFICIAL PUBLICATION (1) (1) Livestock. Cattle, sheep, swine, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption. (2) Living unit. See "dwelling unit." (3) Loading space, off-street. Space logically and convenidatly located and designed for bulk pickups and deliveries and accessible to delivery vehicles from aisles. (4) Lodging house. See "rooming house." (5) Long term care facility. See "nursing home." (6) Lot. A plot, separate tract, or parcel of land with fixed boundaries suitable for occupancy by a use. (7) Lot, corner. A lot located at the intersection of two (2) or more streets. (8) Lot, double frontage. A lot having frontage on two parallel or approximately parallel streets. (9) Lot, interior. A lot other than a corner lot or double front- age lot and bounded by a street on only one side. (10) Lot, reversed corner. A corner lot, the rear of which abuts the side of soother lot. (11) Lot area. The total area within the lot lines of a lot ex- cluding any area located within a public or private street. (12) Lot coverage. The percentage of the lot area covered by the building area. (13) Lot depth. The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and the midpoint of the rear lot line. (14) Lot frontage. The continuous width of a lot measured along the street (right of way line). (15) Lot line. A line oriented in terms of stable points of reference which establishes one boundary of a lot. (16) Lot line, front. A lot line separating the lot from the street. On corner lots, the front lot line is the shortest street dimension except that if the lot is square or almost square, i.e., has dimensions at the ratio of from 3:2 to 3:3, then the front lot line may be along either street. (17) Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet in length, and parallel to and farthest from the front lot line. (18) Lot line, side. Any lot line which meets the end of a front lot line or any lot line which is not a front lot line or rear lot line. (19) Lot width. The length of the front yard line. (m) (1) Manufactured housing. Includes mobile and modular homes as herein defined. (2) Manufactured housing park. A tract of land which has been planned and improved for the placement of manufactured housing on leased spaces. (3) Meeting hall. A facility providing space for lectures, social functions, exhibitions, entertainment, instructions and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas. (4) Mobile home. A single-family dwelling unit, built on a chassis, suitable for year-round occupancy and containing water supply, waste disposal, beating and electrical conveniences. For the purposes of this Chapter, this definition does not include recreational vehicles. (5) 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. (6) Hotel. A residential building licensed by the state, usually located along highways, occupied and used principally as a place of lodging for guests. The term "motel" includes "motor hotel." (n) (1) Non -conforming structure. A structure or portion thereof which does not conform to the provisions of this Chapter relative to height, yards, or building coverage for the zone in which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. (2) Non -conforming lot. A lot which does not conform to the provisions of this Chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. (3) Noo-conformiug use. Any use that is not allowed within the zone in which it is located or any way in which land or a building is used that is not in compliance with the provisions of this Chapter by reason of the adoption of this Chapter or subsequent amendments thereto. (4) Nursing home. A facility operated by a proprietary or non- profit corporation or association and licensed or regulated by a governmental entity for the accommodation of convalescents or other persons who are not in need of hospital care but who require skilled care and/or. related services. (o) (1) Officially Approved Place. A private street which was permitted under the terms of the zoning ordinance prior to the adoption of this Chapter. Such streets_ were either established by the City Council or by the Board of Adjustment as avariance to the requirement that a lot front on a public street. (2) Open space. That portion of the lot that is not covered by buildings, drives, parking spaces and aisles. (3) Open space, common. Open space the use of which is shared by all occupants of morethanone dwelling unit, as distinguished from private open space. (4) Open space, private. Open space used by occupants of a dwelling unit. (5) Overlay zone. A set of zoning requirements that is imposed in addition to those of the underlying zone. Developments within the overlay zone, except in the case of an OPD -H zone, must conform to the requirements of both zones or, in the case of a disparity, the more. .restrictive requirements of the two. (6) Ower. The person who holds the fee simple or equitable title to the property. (p) (1) Parking area. As off-street facility intended or designed for the parking of more than four (4) motor vehicles, including parking spaces, aisles and tree islands. (2) Parking space. An asphalt, concrete or similar permanent dust free surface which is intended for off-street vehicular parking and is at least eight (8) feet wide and 15 feet in length for compact cards and at least nine (9) feet wide and 19 feet in length for other cars. (3) Patio. A covered or uncovered surfaced outdoor living area at grade abutting and accessible from a dwelling. (4) Performance standard. A minimum requirement or maxfmu• allowable limit on the effects or characteristics of a use, written in the form of regulatory language. (5) Permitted use. A principal use which is allowed in the sone in which it is listed subject to compliance with the dimensional requirements and special requirements (if any) of, the zone in which it is listed and general requirements of the Chapter. (6) Person. Any individual or group of individuals, corporation, partnership, association, or any entity, including state and local goverone nts and agencies. (7) Personal service establishment. An establishment primarily engaged in providing services generally involving the care of the person or his/her apparel. Such establishments include but are not limited to the following: laundry, cleaning and garment services; photographic studios; beauty shops; barber shops; shoe repair shops, shoe shine parlors, and hat cleaning shops; funeral homes; and other establishments engaged in providing personal services such as steam baths, reducing SM OFFICIAL PUBLICATION salons and health clubs, clothing rental, locker rental, and, Porter services (see major group 72 of the Standard Industrial Classifications Hann 1). (8) Porch. A covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from the wall of a building. (9) Premises. See "lot." (10) Principal building. A building which contains the principal use. (11) Principal use. The primary use(s) of land or a structure as distinguished from an accessory use, e.g., a douse is a principal use in a residential , area; a garage or pool is an accessory use. _ (12) Projections (into yards). Parts of buildings such as archi- tectural features which -protrude into the required yard or yards. (13) Provisional use. A principal use which is allowed in the zone in which it is listed subject to compliance with the specific requirements motioned with the use and all other dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of the Chapter. (14) Public utility. A system which is owed and operated by a licensed public utility company or by a railroad company. - Such' systems do not include those owed aed operated by the City of Iowa City or other governmental agency. (q) (1) Quarry. Land used for the purpose of excavating stone or slate as an industrial operation. (r) (1) Remodel/repair. Any improvement in a building which is not a structural alteration. (2) Religious institution. An organization having a religious purpose, which has been granted an exemption from federal tax as a Sec. 501(c)(3) organization under the Internal Revenue Code, including churches, rectories, meeting balls, schools and the facilities that are related to their use. (3) Restaurant. A business where the dispensing and the cousump- tion at indoor tables of edible foodstuff and/or beverage is the principal business, including a cafe, cafeteria, coffee shop, delicatessen, lunch room, tearoom, dining room, bar, cocktail lounge or tavern. The total seating area located within the enclosed portion of the premises is more than 50 percent of the total floor area. (4) Restaurant, drive-in/tarry-out An auto oriented use whose principal operation is the dispensing ofedible foodstuff and/or beverage for consumption in automobiles, at indoor or outdoor tables, at stand-up counters or to be carried off the premises. The total seating area, if provided, is less than 50 percent of the floor area. (5) Retail establishment. An establishment engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of the goods. Such establishments will have the following characteristics: the eatablishnent is usually a place of business and is engaged in activities to attract the general public to buy; the establishment buys or receives merchandise as well as sella; the establishment my process its products, but such processing is incidental or subordinate to selling; the establishment is considered as. retail in the trade; and the establishment sells to customers for business or personal uses. (6) Rezoning. A change in land use regulations. Rezonings can take three forms: (a) a comprehensive revision or modification of the zoning text and map; (b) a text change im zone requirements; or (c) a change in the map, i.e., the zoning designation of a particular parcel or parcels. (7) Roof. The top covering of a building constructed to shield the area beneath from the weather. The term "roof" includes the term "canopy." (8) Roof line. The highest point of the coping of a flat roof; the deck line of a mansard roof; and the mid -point between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof. (9) Roomer. An occupant of a rooming house or rooming unit who is not a member of the family of the rooming house operator. A roomer shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. (10) Rooming house. Any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to four (4) or more roomers. (11) Roaming unit. Any habitable roam or group of adjoining habitable roams 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 exclusive use by the occupants or for communal use and, in addition, may have kitchen and dining facilities available for use by the occupants therein. (a) (1) School - generalized private instruction. A private school which includes any of the following: Elementary and secondary - schools below university grade (ordinarily grades 1 through 12), including denominational and sectarian; kindergartens and military academies are also included. Colleges, universities, and professional schools granting academic degrees and requiring for admission at least a high school diploma or equivalent general academic training. Junior colleges and technical institutes requiring for admission at least a high school diploma or equivalent general academic training and granting associate academic degrees, certificates or diplomas. (2) School - specialized private instruction. Aprivate school which includes any of the following: Establishments primarily engaged in offering data processing courses in programming, and in computer and peripheral equipment operation, including keypunch operation. Establishments primarily engaged in offering courses in business machines operation (except data processing), office procedures, and secretarial sad stenographic skills. Establishments prima rlly engaged in offering specialized trade or comercial courses, not elsewhere classified, but not academic training. Specialized uoudegree granting schools, not elsewhere classified, such as music schools, dramatic schools, language schools, and Civil Service and other short term examination preparatory schools. Establishments primarily engaged in operating dance studios and schools. (3) Separate tract. An abutting group of lots which are developed for a use or uses which share common facilities, e.g., off-street parking, loading and driveways. A separate tract shall be considered as a single lot in the application of the requirements of this Chapter. (4) Setback line. The line beyond which the wall of a building or structure shall not project. (5) Special exception.. A principal or accessory use or a modification in yards or .parking and stacking spaces which is allowable when the provisions of Sec. 36-91(g)(2) are met and when the facts and conditions specified elsewhere in this Chapter, as those upon which the exception is permitted, are found to exist by the board of Adjustment. (6) Stacking space. An asphalt, concrete or similar permanent dust frbe surface which is designed to accommodate a motor vehicle waiting for entry to an auto oriented use, is located in such a way that a parking apace or access to a parking space is not obstructed, and which is at least nine (9) feet in width and 19 feet in length. (7) Story. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the top wet floor and the ceiling or roof above. (8) Street. The entire width between property lines through private property or designated width through public property of every way of whatever nature when such way is open to the use of the public as a matter of right, for purposes of vehicular traffic. (9) Street, arterial. A street whose principal function is to provide for through traffic, and designed to carry large volumes of traffic. (10) Street, collector. A street whose principle function is for carrying traffic from local streets to arterial streets. (I1) Street, cul-de-sac. A local street terminating in s- turn- around. r continued on page 3 �. 19 /699 OFFICIAL PUBLICATION continued from page 2 (12) Street, local. A street used primarily for access to abutting property. (13) Street, private. A way which is intended to afford t� principal means of access to abutting lots and is not owned or controlled by a government entity. (14) Street, public. A way which affords the principal means of access, to abutting lots and. is owned or controlled by a government entity.., (15) Structure. Anything constructed or.erected on the ground or which is attached to something located on the ground. Struc- turesinclude buildings,radio and TV. towers, sheds, and permanent signs. It excludes vehicles, sidewalks, and paving. (16) Structural alteration. Any change in the configuration of the exterior walls, foundation or the roof of a building which results in an increase in the area, height or volume of the building. (17) Sub -standard lot.. See "non -conforming. lot." (18) Substantial improvement. Any repair, reconstruction, or improvement of a building the cost of which equals or exceeds 50 percent of the market value of the building either, (a) before the .improvement or repair is started, or (b) if the building has been damaged and is being restored, before the damage occurred. For the purposes of, this definition, sub-stantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or .not that alteration affects the external dimensions of the building. The ten does not, however, include either (1) any project for improve- ment of a building to comply with existing state or local health, sanitary or safety code specifications whish are solely necessary to assure safe living conditions or (2) any alteration of a building listed on the National Register of Historical Places or aState Inventory of Historic Places. (t) (1) Townhouse. A complex containing not less than three (3) nor more than six (6) abutting single family dwellings (townhouse units) and each single family dwelling being located on a separate lot.' (2) Transient housing. A structure owned and operated by a non-profit organization, as defined by Section 501(c)(3) of the Internal Revenue Code, providing a temporary residence, for a period of not more than 10 days, for persons in need of emergency shelter and whb are temporarily unable to pay for housing. (3) Tree. A live self-supporting woody .plant with a single or multiple self-supporting trunk(s) (the size of a tree to be planted at initial installation is indicated in "The List of Recommended Trees for Iowa City," a supplement to this Chapter). (4) Tree island. An unpaved pervious area intended for the placement of a tree. (u) (1) Upzoning. The converse of downzoning (see "downzoning") (2) Use. A purpose or activity for which land, structures, or a portion thereof is designed, occupied',. and maintained. (3) Use, accessory. See "accessory building/use." (4) Use, permitted. See "permitted use." (5) Use, principal. See "principal use." (6) Use, provisional. See "provisional use." t (v) (1) Vacation. The processbywhich the City :discontinues the use Z. of a street, alley or easement as a public way.. (2) Variance. A means of granting a property owner relief from .certain provisions of this Chapter where owing to special conditions a.literal enforcement of the provisions of the Chapter will result in unnecessary hardship, and so that the spirit of the Chapter shall be observed and substantial justice done. The authority to grant variances is vested in the Board se of Adjustment pursuant to Chapter 414 of the Code _ of Iowa. A ,1 c. (3) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway. (4) Vehicle, storage of. A vehicle or portion thereof which is parked in the same position for a period of 48 hours or more. (w) Reserved. :r' (x) Reserved. • (y) (1) Yard. A required area on a lot unoccupied by structures above grade except for psojections and the specific minor uses or structures allowed in such area under the provisions of this Chapter. A yard extends from the grade upward. (2) Yard, front. The required area across a lot between the front yardline and the street (right of way line). (3) Yard, rear. The required area from one aide lot line to 6c another side lot line and between the rear yard line andthe sear lot line. 0 -. (4) Yard, side. The required area from the front yard line to the �.�. rear yard line and from the side yard line to the side lot line a3 Sr: (5) Yard line, front: A line from one side lo[ line to another .e side lot line, parallels to the street, and as far back from - the street as required in this Chapter for the front yard. Yi. (6) Yard line, rear. A .line parallel to the rear lot line and as ,E far forward from the rear lot line as required by this Chapter R•%. (see "lot line, rear"). 41 (7) Yard line, side.. A line parallel to the side lot line and as .,,.. far from the side lot line as required by this Chapter. s. m.(z) (1) Zone. -A portion of the City delineated on the zonin$,Mp in tns.. which :requirements and development standards .for the use of ae land and buildings within, above or below the zone are :r prescribed in this Chapter. (2) Zoning Code Interpretation Panel. A staff panel designated by the City Manager to interpret the provisions of the Zoning -. Ordinance in such a way as to carry out. its intent and purpose. (3) Zoning map. The map delineating the boundaries of zones which, along, with the zoning text, comprises the zoning ordinance. ARTICLE II. PRINCIPAL USES AND REQUIREf1ENTS DIVISION 1. ZONES s Sec. 36-5. Interim Development Zone (ID). u r.' _' (a) Intent. This. Bone is intended to provide for areae of managed grow[ " In which agricultural and other non -urban uses of land may continue, until such time as the City is able to provide municipal services and urban de- velopment can take place. Upon provision of municipal services, the City will and the property owner may initiate rezoning of property to uses con "sistent with the Comprehensive Plan. ID designations on the zoning map shall be reevaluated with each revision of the Comprehensive Plan. ID de- pignations shall consist of ID -RS (single family residential), ID -RM (multi - 'family residential), and ID-0RP (office. research park) to reflect the in - 'tended use of the property in the future. ;_ib) Permitted uses )Ya T to (1) Farms. (2) Livestock and livestock operations except livestock feed lots and confinement feeding operations, - .. '-'.(c) Provisional uses. (1) Clubs subject to the requirements of Sec. 36-55. (2) Farm dwellings provided they are developed in accordance Witb the dimensional requirements of the RR -1 zone. A maxfir of + two (2) roomers may reside in each farm dwelling. (3) Livestock feed lots, except confinement feeding operations 9B' provided they are located not closer than one-fourth W mile to any R zone boundary. (4)- Office research park (ORP) uses provided they are .developed in ., accordance with the applicable special provisions of this zone. t (5) Single family dwellings provided they are developed in accordance with the applicable special provisions of this zone. OFFICIAL PUBLICATION (6) Stables and kennels subject to the requirements of Sec. 36-55. (d) Special exceptions. (1) Communication towers and satellite receiving devices, provided they shall be located at least as far away from property lines as their height is above grade. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: 10 acres (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 ft. (4) Minimum yards: According to the following table: Front - Comprehensive Plan Setback Street width street classification 40 ft. 40 ft. secondary arterial 27 ft. 66 ft. secondary arterial 25 ft. 40 ft. collector or local 20 ft. 80 ft. or more secondary arterial 20 ft. 50 ft. or more collector or local Side - 5 -ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (5) Maximum building bulk: None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. Not applicable. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. Not applicable. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions (1) Single family dwellings may be developed in those areas designated 1D -RS on minimum lot areas of five (5) acres and at the width, frontage and yard requirements of the ID zone. (2) Office research park uses may develop in those areas designated ID -ORP in accordance with the requirements of the ORP zone. Any such uses shall be constructed to full City development standards and shall provide approved private water and sewer facilities until such time as City services are extended to the area. Sec. 36-6. Rural Residential Zone (RR -1). (a) Intent. It is intended that this zone provide for areas of a rural residential character within the City which are not projected to have the utilities necessary for urban development within the foreseeable future, gccecding to the 1983 Comprehensive Plan Update (which includes the long range and short range plans). (6). Permitted uses. (1) Detached single-family dwellings. (2) Farms. (c) Provisional uses. (1) Detached single family dwellings with a maximum of two (2) roomers provided that one (1) additional off-street parking" space shall be furnished. (2) Family care facilities provided they shall not be located within one-quarter (k) mile of each other. (d) Special exceptions. (1) Clubs subject to the requirements of Sec. 36-55. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: 40,000 sq. ft. (2) Minimum lot width: 80 ft. (3) Minimum lot frontage: 40 ft. - (4) Minimum yards: Front - according to the table established in the AG Zone. Side - 5 ft. for the first 2stories plus 2 ft. for each additional story- Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. e. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2.- c. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. Sec. 36-7. Low Density Single -Family Residential Zone (RS -5). (a) Intent. It is the primary purpose of this zone to provide for single-family residential development consistent with the predominate single' -family residential character of low& City. Development within thin 'sone isexpected to have a 'neighborhood orientation; therefore, parks, schools, religious institutions and neighborhood commercial facilities are expected to be located within or in close proximity to developments in this zone. Compatibility of development within this some shall be encouraged and related non-residential uses and structures should be planned and designed to be in character with the scale and pattern of the residential development. (b) Permitted uses. (1) Detached single-family dwellings. (b) Provisional uses. 4 (1) Detached siogle family dwellings with a maximum of one (1) roomer provided that one (1) additional off-street parking &49ZW. J73-3/Ga 3 J 99 eU- Frldey, December 33, 1903—Iowa qty Press-Qtizen-3 B OFFICIAL PUBLICATION space shall be furnished: Two-family and multi -family - - dwellings, which exist as nonconforming uses, shall be permitted one (1) roomer per dwelling unit. (See "special provisions.") -- -(2) Family care facilities provided they shall not be located within one-quarter (k) mile of each other. Q! BMrial exceptions. ,(1) .Child care facilities subject to the requirements of Sec. 36- 55,' and 6- 55,and provided they shall be located in a private residence in which fewer than 12 children are cared for, or in a religious institution. .. (2). Public utilities. (3) Religious institutions subject to the requirements of Sec. 36- 55. (e) Dimensional requirements. (1) Minimum lot area: 8,000 sq. ft. (2) Minimum lot width: 60 ft. (3):Minilf35 ft. on a public street or an - (3)Minimum officially approved place. (4) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories, plus 2 ft. for each -additional story. Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building Coverage - 45% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted within this zone are subject -to the accessory uses and requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory, uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. - C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. . Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Noaconformities. See Division 4. (a) Special Provisions. b.. (1) If a tract of land one acre or greater in area is being subdivided or resubdivided into lots, it may be developed at y. a maximum gross density of five (5) dwelling units per acre with minimum lot areas of 7,200 square feet and maximum lot areas of 15,000 square feet. .(2) For those dwellings in which the amber of roomers exceeds one (1), the provisions of paragraph (c)(1) above shall become applicable on November.30, 1984. Sec. 36-8. Medium Density Single -Family Residential Zone (RS -8) (a) Intent. It is primarily intended that this zone provide for the development of small lot single-family dwellings. This zone represents a relatively high density for single-family development, thus dwellings in this zone should be in close proximity to all city services and facilities, especially parks, schools and recreational• facilities. Special attention should be given to landscaping and site development in this zone. Special provisions of this zone are designed to permit dwellings with no side yard to accommodate attached single family dwellings and to permit conversions of existing structures to duplexes. (b) Permitted uses. (1) Detached single-family dwellings. (c) - Provisional uses. (1) Duplexes proyided they shall be developed in accordance with the dimensional requirements of the RM -12 Zone aid that the minimum lot area is 8700 square feet and the minimum lot area per unit is 4350 square feet. (2) Family care facilities provided they shall not be located within one-quarter (k) mile of each other. (3) Single-family and two-family dwellings with a maximum of one (1) roomer in each dwelling unit provided that one (1) additional off-street parking space per unit shall be furnished. Multi -family dwellings, which exist as nonconforming uses, shall be permitted one (1) roomer per dwelling unit. (See "special provisions.") (4) Zero lot line dwellings and townhouses, provided they shall be developed in accordance with Sec. 36-55. (d) Special exceptions. - (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institutions subject to the requirements of Section 36-55. (4) Schools - generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 5,000 sq. ft. (2) Minimum lot width: 45 ft. (3) Minimum lot frontage: 25 ft. on a public street or an officially approved place. (4) Minimum yards: Front - 20 ft. Side - 5 ft, for the first 2 stories plus 2 ft for each additional story; or for aero ) lot line dwellings, one at 0 ft. and the other(s) at 10 ft. or for townhouses, 0 ft. or 10 ft. Rear - 20 ft. (5) Maximum building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio - none (f) General provisions. All principal and accessory uses permitted Within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a.- Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable.. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division continued on page v �3 -316 d 4B—lowa City PrewCitigen—Friday, December 30, 1983 OFFICIAL PUBLICATION continued from page 3 C. Performance standards. See Division 3. d. Noncoaformities. See Division 4. (g) Special provisions. (1) If a tract of land one acre or greater is area is being subdivided or resubdivided into lots, it may be developed at s maximum gross density of eight (8) dwelling units per acre with minimum lot areas of 4,000 square feet and maximum lot areas of 7,500 square feet. Lots less than 5,000 square feet in area shall be developed with one wall of the dwelling unit having a zero side yard. (2) For those dwellings in which the number of runners exceeds ase (1), the provisions herein shall become applicable on November 30, 1984. Sec. 36-9. Manufactured Housing Residential (RMH) Zone (a) Intent. The Manufactured Housing Residential (RMH) Zone is desigoad to permit the location and development of mobile homes and modular homes; which may not normally comply with the building, electrical, plumbing or housing codes, within designated areas of the community. Pcovisiod is made in the RMH Zone to allow such residences to be placed within mobile home parks or upon individual subdivided lots. (b) Permitted uses. (1) Manufactured housing. (c) provisional uses. (1) Family care facilities provided theyshall not be 16cated within one-quarter ('a) mile of each other. (2) Manufactured housing with a maximum of one (1) ,roomer ptwtded that one (1) additional off-street parking space shalt be furnished. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institutions. subject to the requirements of Sec. 36- 55. '(4) Schools - generalized private instruction (e) Dimensional requirements. (1) Minimum lot area: 4,000 sq. ft. (2) Minimum lot width: 35 ft. (3) Minimum lot frontage: 20 ft. on a public street or an officially approved place (4) Minimum yards. Front - 20 ft. Side - - -- 5 ft. Rear - 20 ft. or 30 ft. at RM Zdne boundary (5) Maximum building bulk: Height - 25 ft. Building coverage - 40% Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follaws (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See See. 311-56- b. Accessory uses and building regulations. See See. 36-57 C. Off-street parking requirements. See Sec. 36-58. d. Off-street Loading requirements. Not applicable e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. 1 (2) General provisions. See Article IV. a. Dimensional requirements. See Division I b. Tree regulations. See Division 2. C. Performance standards. See Divisum 3. d. Nonconformitiea. See Division 4. (g) Special provisions. N (1) In no instance shall am arae zoned TO be less tbam,10 acres. (2) Manufactured housing parks shall comply with the provisions of Chapter 22 of the Code of Ordinances and the provisions of the Code of Iowa. Sec. 36-10. High Density Single -Family Residential Zone (RS -12). (a) Intent. It is intended that this zone provide for the development of single Iamily dwellings and duplexes at a high density of development in older portions of the community. Dwellings in this zone should have good access to all city services and facilities. (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomersis single £pally dwellings and two (2) roomers in each _.. dwelling unit in duplexes, -provided that additional off-street parking spaces shall be furnished at the ratio of one-half (i) space per roomer. Multi -family, dwellings, which exist as nonconforming uses, shall be permitted two (2) roomers per dwelling unit. (See "special provisions.") (2) Family care facilities provided they shall not be located within one-quarter (h) mile of each other. (3) Zero lot line dwellings and townhouses provided they shall be developed in accordance with Sec. 36-55. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Public utilities. (3) Religious institntioss subject to the requirements of Set. 36 55. (4) Schools - generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 5,000 sq. ft. (2) Minim= lot area per =it: 3,000 sq- ft. (3) Minim= lot width: 45 ft. (4) Minim= lot frontage: 25 ft. on a public street or an officially approved place (5) Minimum yards: Front - 20 ft. Side -5 ft. for the first 2 stories plus 2 ft. for each additional story; for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft.; or for towabouses, 0 ft. or 10 ft. Rear - 20 ft. (6) Maxim= building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio — none (f) General p:�*visions. All principal and accessory uses permitted within this -zone are anbject to the requirements of Articles III and Iv, the divisions and sections of which are indicated as follows: P. c 7 4- 59 g3-3/Ga i (g) special provisions (1) For those dwellingsiswhich the amberofroomers exceeds the number permitted in paragraph (c)(1) show, the provisions of this paragraph shall become applicable on November 30, 1984. Sec. 36-11. Low Density Multi -Family Residential Zone (RM -12). (a) Intent. It is intended that this zone provide for a high demmiy of sing �faalfly residential development and a low density ef-mniti- family residential development. Dwellings in this zone should have good access to all city services and facilities. (b) Petmitted uses. (1) Detached single-family dwellings. (2) Duplexes. '(3) Multi-famtly dwellings. (e) Provisional uses. (1) Wellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that tor-,fiagle €amil9 dwellings sod duplexes, additional off-street parking spates shall be furnished at the ratio of one-half (%). space par roomer. (2) Family care facilities provided they shall not be located within one-quarter (y) mile of each other. (3) Rooming houses, provided that the total floor area shall Dot exceed 330 square feet for each 2725 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (4) Transient housing provided that there is at least 150 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (5) Zero lot line dwellings and toth6uses provided they shall be developed in accordance with the requirements of See. 36-55. (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of gee. 36-55. (2) Child care facilities subject to the requirements of Sec. 36- 55. (3) Funeral homes subject to the requirements of Sec. 36-55. (4) Group care facilities provided that there is at least 750 square feet of lot area for each occupant. (5) Public utilities. (6) Religious institutions subject to the requirements of gee. 36- $5. (1) Schools - geoeralized prfvace ioatruct1-- - (e) Diwenspnal requi r0 t._a. The follo,+t nd table o/ dlmrnslnnal requireeeats a -hall be applicable to the uvea of thin zone. single-fapfly single -lastly rova- Duplexes d xulU- (non o -Int line) (6 -Int line) boo_ses otb�r ususes Faaily (1) his lot area: Moo xf 3000 of 3000 at. Woo at 8175 of (2) xivisae lot are per unit: — 4000 of 3006 sf - 3000 of 3000 of 2125 at (3) Min. lot etdcb: 35 It 20 It IS It 45 tt 66 It (4) xin. lm fraotage ev 10 It 20 it is it 35 It 46 ft a putlw street or as officially approved place. OFFICIAL PUBLICATION (1) Accessory uses and requirements. See Article III:- , a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See See. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements._ See Divisional. - b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) special provisions (1) For those dwellingsiswhich the amberofroomers exceeds the number permitted in paragraph (c)(1) show, the provisions of this paragraph shall become applicable on November 30, 1984. Sec. 36-11. Low Density Multi -Family Residential Zone (RM -12). (a) Intent. It is intended that this zone provide for a high demmiy of sing �faalfly residential development and a low density ef-mniti- family residential development. Dwellings in this zone should have good access to all city services and facilities. (b) Petmitted uses. (1) Detached single-family dwellings. (2) Duplexes. '(3) Multi-famtly dwellings. (e) Provisional uses. (1) Wellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that tor-,fiagle €amil9 dwellings sod duplexes, additional off-street parking spates shall be furnished at the ratio of one-half (%). space par roomer. (2) Family care facilities provided they shall not be located within one-quarter (y) mile of each other. (3) Rooming houses, provided that the total floor area shall Dot exceed 330 square feet for each 2725 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (4) Transient housing provided that there is at least 150 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (5) Zero lot line dwellings and toth6uses provided they shall be developed in accordance with the requirements of See. 36-55. (d) Special exceptions. (1) Cemeteries and mausoleums subject to the requirements of gee. 36-55. (2) Child care facilities subject to the requirements of Sec. 36- 55. (3) Funeral homes subject to the requirements of Sec. 36-55. (4) Group care facilities provided that there is at least 750 square feet of lot area for each occupant. (5) Public utilities. (6) Religious institutions subject to the requirements of gee. 36- $5. (1) Schools - geoeralized prfvace ioatruct1-- - (e) Diwenspnal requi r0 t._a. The follo,+t nd table o/ dlmrnslnnal requireeeats a -hall be applicable to the uvea of thin zone. single-fapfly single -lastly rova- Duplexes d xulU- (non o -Int line) (6 -Int line) boo_ses otb�r ususes Faaily (1) his lot area: Moo xf 3000 of 3000 at. Woo at 8175 of (2) xivisae lot are per unit: — 4000 of 3006 sf - 3000 of 3000 of 2125 at (3) Min. lot etdcb: 35 It 20 It IS It 45 tt 66 It (4) xin. lm fraotage ev 10 It 20 it is it 35 It 46 ft a putlw street or as officially approved place. ✓� O /� O Front - 20 ft 20 ft to ft 20 ft 20 ft s(- Side - 5 ft: for.tlm fienAL 2 stories. plus 2 ft. for encu adaittoxq story; for townhouse 0 ft. units, or 10 ft.i and for sero 1pt line dwellings, I it 0 ft. and. the other at 10 ft. / /Y Ross - 20 ft 20 ft 20 ft 20 ft 20 ft (6) 11az. buildipg bulk: Height - _ 35 ft 35 ft , 35 ft 35 ft (35 ft Building coverage - 501 501 501 501 501 Floor area ratio - None Nene None None Noee (f) Geherol prwlsions. All principal and d¢eson,uses permitted w(Nin this zox are subject to the rnquirnllents of Articles 111- and 2V, tbe- dtvisioos and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article 111. a. Permitted accessory uses and buildipgs. See See. 36-56. b, Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street .loading requirements. Not applicable.: e. Sign regulations, See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions, fide Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. _. c. , Performance. standards. See Division 3. d. Noucoaformities. See Division 4. (g) S eiial provisions. (1) Religious institutions which existed on August ), 1962, may expand without comp lienee with the dimensional ' requirements or the off-street parking requiremonte. Sec. 36-12. Medium Density Multi-Family Residential Zose (RM-20) (a) Intent. It is the purpose of this zone to provide for the development of medium density multi-family hogeiog in areas shitable for this density and to sem a market demand for this type of housing. This zone is particularly well suited to locationsadjacentto neighborbood activity centers and should have good access to all city services and facilities. (b) Permitted uses. (1) Multifamily dwellings. (c) Provisionial uses. (1) Detached single family dwellings subject to the dimensional requirements of the RS-12 zone. - (2) Dwellings Allowed in this zone with a maxnsan of three (3) roomers In each dwelling unit provided that for single, family dwellings And duplexes, _additional. '•off-street parking spaces shall be furnished at the ratio of one-half (ll). space per roomer. (3) Duplexes provided they shall be developed in accordance with .the dimensional requiresents of the RM-12 zone, except that the minimum.lot atea .Shall be 3600 square feet and the minimum lot area per unit 1800 square feet. (4) Family care facilities provided they shall not be located within one-quarter (4) mile of each other. (5) Fraternity/sorority h6uses, provided there shall be 545 square C.'�I,f_ P3-3 /6 a OFFICIAL PUBLICATION feet of lot area for each person residing on the premises. (6) Nursing homes subject to the requirements of Sec. 36-55. (7) Religious institutions subject to the requirements of Sec. 36- 55. (8) Rooming houses, provided that the total floor area shall not exceed 330 square feet for each 1800 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (9) Townhouses and zero lot line dwellings subject to the requirements of Sec. 36-55, provided they are developed in accordance with the dimensional requirements of the RM -12 Zone, except that each unit shall have a minimum lot area of 1800 square feet. (10) Transient housing provided that there is at least 550 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. _ (1) Cemeteries and mausoleums subject to the requirements of Sec. 36-55. (2) Child care facilities subject to the requirements of Sec. 36- 55. (3) Clubs. (4) Elderly housing. (5) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. (6) Public utilities. (7) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit! 1,800 sq. ft. (3) Minimum lot width: 60 ft. (4) 'Minimum lot frontage: 35 ft. on a public street or in officially approved place (5) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 45% Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article II1. a. Permitted accessory uses and buildings. See 36-56. b. Accessory use and building regulations. See Sec. 36-57. e. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Noncontormities. See Division 4. (g) Special provisions. t . C7 ' J �!0 0 (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. Sec. 36-13. Neighborhood Conservation Residential Zone (RNC -20) (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) Detached single family dwellings. (2) Duplexes. (3) Multi -family dwellings. ;c) Provisional uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half (y) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (k) mile of each other. (3) Fraternity/sorority houses, provided there shall be 545 square feet of lot area for each person residing on the premises. (4) Nursing homes subject to the requirements of Sec. 36-55. (5) Religious institutions subject to the requirements of Sec. 36- 55. (6) Rooming houses provided that the total floor area shall not exceed 330 square feet for each 1800 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (7) Transient housing provided that there is at least 550 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Child care facilities subject to the requirements of Ser. 36-55. (2) Group care facilities provided that there is at least 550 square feet of lot area for each occupant. (3) Public utilities. (4) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot .area: 5000 sq. ft. (2) Minimum lot area per unit: - 1800 sq. ft. (3) Minimum lot width: 40 sq. ft. (4) Minimum lot frontage: 25 sq. ft. on a public street or an officially approved place (5) Minimum yards Front - 20 ft. Side - 5 ft. for the first.story plus 2 ft. for each additional story continued on page 5 e�4K3-3/60 OFFICIAL PUBLICATION continued from page 0 Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 45% Floor area ratio - None (f) General provisions. All. principal and accessory ,uses permitted .wlttlia this zone are subject to the requiremeats,of Articles III and IV, the divisions and sections of which are indicatedasfollows: (1) Accessory uses and requirements. See Article III. a. "Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. `-Off-street loading requirements. Not applicable., e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division li b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) All uses or buildings .which were conforming prior to December 13, 1982, 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 may be rebuilt to its present state.. (3) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. Sec. 36-14. High Density Multi -Family Residential Zone (RM -44). (a) Intent. It is intended that this zone establish areas for the development of high density multi -family dwellings and group liviat quarters. Additionally, it is intended that this zone be located neer an arterial street for proper access. Due to the different types of uses permitted within the zone, careful attention to site design and development is expected to assure that all uses are mutually compatible. (b) Permitted uses. (1) Dwelliags allowed in this zone with a maximum of three (3) roomers residing in each dwelling unit. Single and two family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Multi -family dwellings. (c) Provisional uses. (1) Family care facilities provided they shall not be located within one-quarter W mile of each other. (2) Fraternity/sorority houses, provided there shall be '303 square feet of lot area for each person residing on the premises. (3) Nursing homes subject to the requirements of Sec. 36-55. (4) Religious institutions subject to the requirements of Sec. 36- 55. (5) Rooming houses provided the total floor area shall not exceed 330 square feet for each 1000 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (6) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions (1) Child .care facilities. (2) Clubs. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilites. (5) Schools - generalized private instruction. (e) Dimensional requirements (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 1,000 sq. ft. (3) Minimum lot width: None. (4) Minimum lot frontage: 35 ft. on a public street or an officially approved place (5) Minimum yards Front - 20 ft. Side - 5 ft for the first 2 stories plus 2 ft. for each additional story Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 40; Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: -' (1) Accessory uses and requirements. See Article III. �■�sI a. Permitted accessory uses and buildings. See Sec. 36-56. tt b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58- d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV.. - J a. Dimensional requirements. See Division 1. -- _ b. Tree regulations. See Division 2: C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. See. 36-15. High Rise Multi -Family Residential Zone (RM -145. (;) Intent. It is the purpose of this zone to provide for a mix of uses which are suited to a very high intensity residential environment. It is Z)Z - f3 -3 /6 o a 3 /2 99 a4Z 99 OFFICIAL PUBLICATION intended that this zone provide an efficient arrangement of land uses by providing convenience to its residents. While special attention to design is needed to successfully blend multiple uses into one structure or into a single neighborhood, this zone provides opportunities for activities and amenities not immediately available to most residential environments. Since this zone will have high levels of pedestrian activity, special attention must be directed to providing a pleasant, safe and efficient pedestrian environment. (b) Permitted uses. (1) Dwellings allowed in this zone with a maximum of three (3) roomers residing is a#ch dwelling. unit. .Single and two family dwellings, which exist as nonconforming uses, shall be permitted three (3) roomers per dwelling unit. (2) Fraternity/sorority houses. (3) High-rise multifamily dwellings. -(4) Transient housing., - (c) Provisional uses. (1) Elderly housing subject to the requirements of Sec. 36-55. (2) Low-rise multifamily dwellings provided they are developed in accordance with the dimensional requirements of the RM -44 Zone. (3) Retail and service establishments listed as permitted uses (1) through (4) in the CN -1 Zone provided they are located on the ground level or below in a high-rise multifamily dwelling. (d) Special exceptions. (1) Child care facilities. (2) Clubs. (3) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (4) Public utilities. (5) Religious institutions. (6) Restaurants. (7) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 300 sq. ft. (3) Minimum lot width: None. (4) Minimum lot frontage: 35 ft. on a public street or an officially approved place (5) Minimum yards: Front - None. Side - 5 feet or 0 feet for walls without windows facing the side yard. Rear - 5 feet or 0 feet for walls without windows facing the rear yard. ' (6) Minimum open space per dwelling unit: None. (7) Maximum building bulk: Height - None. Building coverage - None. Floor area ratio - None. (f) General provisions. All principal and accessory uses permitted within t)lii zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. A. Permitted accessory uses and buildings. See Sec. 36-56. S q b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sip regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. . b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Except along boundaries where adjacent zones permit buildings higher than 35 feet, no portion of any building in the RN -145 zone shall project through an imaginary plane leaning inward from 35 feet above zone boundaries at an angle representing an increase of one (1) foot of height for each foot of horizontal distance perpendicular to the boundary. Where existing land in abutting zones is developed with open spaces at the boundary, such as street right-of-way, the open space may be included in meeting the horizontal distance requirement. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. Sec. 36-16. Reserved. Sec. 36-17. Commercial Office Zone (CO -1). (a) Intent. The Commercial Office Zone (CO -1) is intended to provide specific areas where office functions, compatible businesses, apartments and certain public and semi-public uses my be developed. The CO -1 lone can serve as a buffer between residential and more Intensive commercial or industrial areas. (b) Permitted uses. (1) Clubs. (2) Copy, services. (3) Florist shops. (4) Hospitals. (5) Meeting halls. (6) Nursing homes. (7) Office buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers except for those retail establishments specifically allowed in this zone. Any office use shall be permitted excepting the following: a. Drive-in facilities. b. Small animal clinics. (8) Optical, prosthetics, medical and dental supply stores, limited to retail sales. (9) Pharmacies limited to the retail sale of drugs and pharmaceutical products. (c) Provisional uses. (1) Dwellings located above or below the ground floor of another principal use permitted in this zone provided that the density does not exceed one (1). dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each unit. (2) Religious institutions subject to the requirements of Sec. 36- 55. &d,'- 83 e3/Gd Friday, December 30, 19&9—Iowa City Prose-Cfteo—Ss OFFICIAL PUBLICATION (3) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Barber shops and beauty parlors, laundromats, and laundry and dry cleaning pick-up and delivery services. (2). Child care facilities. (3) Communication stations and studios. (4) Drive-in facilities associated with financial institutions. (5) Funeral homes subject to the requirements of Sec. 36-55. (6) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (7) Public utilities. (8) Restaurants. (9) Schools - specialized private instruction. (e) Dimensional requirements. (1)- Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front: 20 ft. Side: None Rear: None (5) Maximum building bulk: Height: 25 ft. Lot coverage: None Floor area ratio: 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division'3. d. Nonconformities. See Division 4. (g) Special provisions (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. (2) Hospitals which existed on August 7, 1962, shall be exempt from and say expand without compliance with the dimensional requirements. Sec. 36-18. Neighborhood Commercial Zone (CN -1) (a) Intent. The Neighborhood Commercial Zone (CN -1) is intended to permit the development of retail sales and personal services required to meet the needs of a fully developed residential neighborhood. Stores in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby population, and should not draw community -wide patronage. In general, the CN -1 Zone is intended for the grouping of small retail businesses which are relatively nuisance - free to surrounding residences. The location and development of neighborhood commercial sites should follow the criteria set forth for such sites in the Comprehensive Plan. (b) Permitted uses. (1) Barber shops and beauty parlors, laundromats, and laundry and dry cleaning pick-up and delivery services. (2) Drugstores, florist shops and variety stores. (3) Financial institutions. (4) Grocery stores including specialty food such as bakery and delicatessen goods. (c) Provisional uses. - (1) None. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36- 55. (2) Drive-in facilities for financial institutions. (3) Dwellings located above or below the ground floor of another principal use permitted in this zone, provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers my reside in each dwelling unit. (4) .Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (5) Public utilities. (6) Religious institutions. (7) Restaurants. (8) School - specialized private instruction (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - Now Rear - None (5) Maximum building bulk: Height - 25 ft. Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles,III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. & - Off-street loading requirements. See Sec. 36-59. e. Sign regulations. 'See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) .General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. continued on page 6 LW, f3 -314 o 6B—Iowa City Press-Citizen—Friday, December 30, 1983 OFFICIAL PUBLICATION continued from page S C. Perfoemince standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned CN -1 be less than three (3) acres nor more than seven (7) acres. (2) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. Sec. 36-19. Community Commercial Zone (CC -2). (a) The Community Commercial Zone (CC -2) is intended to provide for major business districts to serve a major segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators that require access from major thoroughfares. while these centers are usually characterized by indoor operations, certain per- mitted uses may have limited outdoor activities as specified. (b) Permitted uses. (1) Business and personal service establishments except drive-in facilities. (2) Clubs. (3) Meeting halls. (4) Office uses allowed in the CO -1 Zone. (5) Retail establishments, including restaurants, except those uses listed as special exceptions. (6) Theaters. (c) Provisional uses. (1) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions. (1) Auto and truck oriented uses. (2) Cemeteries. (3) Child care facilities. (4) Commercial recreational uses. (5) Dwellings located above or below the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside in each dwelling unit. (6) Funeral homes subject to the requirements of Sec. 36-55. (7) Public utilities. (8) Religious institutions. (9) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 35 ft. Lot coverage - None Floor area ratio - 2.0 (f) General provisrons. All principal and accessory use. permitted VeY -O� �V e within this zone are subject to the ite of Articles III and IV, are the divisions and sections of which are indicated as follows: (I) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements., See Sec. 36-58. d. Off-street loading requirements. See See. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. ._.. C. Performance standards) See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. A (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking requirements. Sec. 36-20. Central Business Service Zone (CB -2). (a) Intent. The Central Business Service Zone (CB -2) is intended to --allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land use& located in the central business district and adjoining areas, and to enhance the A pedestrian orientation of the .central business district by providing suitable, peripheral locations for auto -oriented commercial and service uses. This zone is intended to accommodate mixed land uses and requires that the intensity of use be less than that permitted in the CB -10 wee. (b) Permitted uses. (1) Auto and truck oriented uses. --- (2) Hotels, motels and convention facilities (3) Permitted uses of the CB -10 Zone. (4) Transient housing. (c) Provisional uses. fe` (1) Dwellings located above or below the ground floor of another W Principal use permitted in this zone, provided they' are developed in accordance with the dimensional requirements -of the RM -145 Zone. A maximom of three (3) roomers may reside in sin, each dwelling unit. 1N 1 Q (2) Elderly housing subject to the requirements of Sec. 36-55. (d) Special Exceptions. ka (1) Child care facilities. - io (2``) 'Clubs. Commercial recreational uses. a•. 88 (4) Public utilities. - (5) Religious institutions. N! AR,- - (6) Schools - specialized private instruction. - (e) Dimensional reouireseats. se "' (1) Minimum lot area: None .. (2) Hinimm lot width: None _ (3) Mini" lot frontage: None (4) Hinimm yards: - Front - None Side - None Rear - None , i -Aw 30 /_ 919 OFFICIAL PUBLICATION (5) Maximum building bulk: Height - 100 ft. Lot coverage - None Floor area ratio - 2.0 (f) General provisions. All principal and accessory uses permitted witbin this zone are subject to the requirements of Articles III and T0, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations._ See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. .Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, say expand without compliance with the .off-street parking requirements. Sec. 36-21. Central Business tone (CB -10). (a) Intent. The Central Business Zone is intended to be the high density, compact, pedestrian oriented shopping, office, service, and entertainment area in Iowa City. Development and redevelopment within this zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas, or pedestrian. ways. The zone is intended to accommodate a wide range of retail, service, office and residential uses. Auto oriented uses, as defined in this Chapter, are not permitted except as otherwise provided. Consolidated off-street loading and aervice facilities should be provided wherever practical with access to be provided from public service alleys or courts. It is intended that off-street parking facilities be publicly provided and off-street accessory parking be allowed only as a provisional use. Because of the proximity to the University of Iowa, residential development above the ground floor in this district is encouraged as a provisional use. (b) Permitted uses. (1) Business and personal service establishments, except drive-in facilities. (2) Meeting Halls. (3) Office uses allowed in the CO -1 Zone. (4) Retail establishments, including restaurants, except driwe-im facilities. (5) Theaters. (6) Transient housing. (c) Provisional uses. (1) Dwellings provided they are located above the ground floor of another principal use permitted in this zone. Three (3) roomers may reside in each dwelling unit. (2) Elderly housing subject to the provisions of Sec. 36-55. (3) Hotels or -motels provided that parking spaces shall be in accordance with Sec. 36-58. (4) Wholesale establishments in conjunction with retail establishments. �11+ . (d) special exceptions. (1) Child care facilities. (2) Clubs. (3) Commercial recreational uses. (4) Off-street parking subject to the provisions of Sec. 36-58. (5) Public utilities. (6) Religious institutions. (7) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - None Side - None Rear - Nose (5) Maximum building bulk: Height - None Lot coverage - None Floor area ratio - 10.0 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the Yequirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a., Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. I. Fence regulations._ See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. Not applicable. C. Performance standards. See Division 3. d. Nonconformities. See Division 4-. (g) Special provisions. (1) The floor area ratio may exceed 10, up to and including 12, for any lot for which a use provides off-street loading meeting the requirements of Sea. 36-59; or. (2) The floor area ratio may exceed 10, up to and including 12, for any lot on which a use provides for a pedestrian plaza that abuts a public street or pedestrian mall and that has an area equal to or greater than 20 percent of the lot area. Sec. 36-22. Highway Commercial Zone (CH -1). (a) The Highway Commercial Zone (CH -1) is intended to permit development of service uses relating to expressways or other locations along major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can he made conveniently available to the thoroughfare user. (h) Permitted uses. (1) Auto and truck oriented uses. (2) Commercial recreational facilities. (3) Hotels, motels and convention facilities. r. (4) Office uses allowed in the CO -1 Zone. C . F3-3/6 a /;� 99 C9L� �3-3/60 0a �z ;F 9 OFFICIAL PUBLICATION (5) Restaurants. f (6) Transient housing. (c) Provisional usea. (1) Retail establishments when associated with the uses allowed in this zone, provided not more than 50% of the total ground floor area shall be devoted to the retail display of merchandise. (d) Special exceptions. (1) Dairy products processing and packaging. (2) Public _utilities. (3) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: 100 ft. (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height None Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 96-57. C. Off-street parking requirements. See See. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. Sae Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2.. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. Sec. 36-23. Commercial Zone (CI -1). (a) Intent. The Intensive Commercial Zone (CI -1) is intended to provi3—eareas for those sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and recreational activities, or by activities or operations conducted in buildings or structures not completely enclosed. Special attention must be directed toward buffering the negative espects of these uses upon any residential uses. (b) Permitted uses. (1) Auto and truck oriented uses. (2) Building contractor facilities, yards and pre -assembly yards. (3) Clubs. (4) Commercial recreational facilities. (5) Computer supply stores. (6) Equipment rental agencies. (7) Farm implement dealers. (8) Food lockers. (9) Furniture and carpeting stores. (10) Hardware and building supply stores. (11) Lumber yards, and building supply establishments and yards. (12) Marine equipment and supply. (13) Meeting halls. (14) Merchandise and product supply centers but not including the retail sale of merchandise on premises. (15) Office uses allowed in the CO -1 zone. (16) Plant nurseries and florist shops. (17) Printing and duplicating operations. (18) Repair shops. (19) Restaurants. (20) Wholesale trade and warehouse establishments for the goods listed in the I-1 zone. (c) Provisional uses. (1) Funeral homes subject to the requirements of Sec. 36-55. (2) Kennels and veterinary establishments provided they are not located within 200 feet of an R zone. (3) Retail establishments other than listed when associated with the uses allowed in this zone provided that not more than 50% of the total ground floor area shall be devoted to the retail display of merchandise. (4) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (d) Special exceptions (1) Adult businesses, such as massage parlors and other similar establishments which feature nude dancers or models, provided they shall not be located within 500 feet of a restaurant or another adult business. (2) Cementitious concrete batch/mix plants. (3) Dwellings located above the ground floor of another principal use permitted in this zone, provided that the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maximum of three (3) roomers may reside to each dwelling unit. (4) Group care facilities provided that there is at least 300 square feet of lot area for each occupant. (5) Public utilities. (6) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: Height - 35 ft. Lot coverage - None Floor area ratio - 1 continued on page 7 Com. S3 3 /6 a 3399 3 �Z / 99 OFFICIAL PUBLICATION continued from page 6 (f) General provisions. All principal and accessory uses permitted within this zooe are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. I. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. as. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. Sec. 36-24 reserved. Sec. 36-25. Office and Research Park Zone CORP). (a) Intent. It is intended that this zone provide areas for the development of large office, research and similar uses. The requireatents of this zone provide protection for uses within the zone to adjacent land uses and for adjacent more restrictive uses. Hotels, motels and similar uses should be located along the periphery of the zone or in such other locations that do not adversely effect the setting and quality of development for the permitted uses of this zone. (b) Permitted uses. (1) Data processing and computer operations. (2) Merchandise and product display centers, but not including the retail sale of merchandise on premises. (3) Offices including business, educational, govefnstental, industrial or professional offices. (4) Research, testing, and experimental laboratories. (c) Provisional uses. (1) None. (d) Special exceptions. (1) Comunication stations, centers, studios and towers provided that towers shall be located at least sa far away from lot lines as their height above grade. (2) Heliports and helistops subject to the requirements of Sec. 36-55. (3) Hotels, motels, and convention centers, including restaurants. (4) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: 7 acres (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Required yards: Front - 150 ft. Side - 100 ft. Rear - 100 ft. (5) Maximum building bulk: Height - None Lot coverage - None Floor area ratio - None .�73 3/6d (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. 'a. permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58- d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. A. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance ata ndrads. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned ORP be less than 21 acres. Sec. 36-26. General Industrial Zone (I-1). (a) Intent. The General' Industrial Zone (I-1) is intended to provide for the development of most types of industrial firms. Regulations are designed to protect adjacent non-residential zones and other industrial uses within the zone. (b) permitted uses. (1) Building contractor facilities, yards and pre -assembly yards. (2) Communication stations, centers, and studios. (3) Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials such as but not limited to bone, canvas, celeophane, cement, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, metal, paper, plastics, precious or semi- precious metals or stones, rubber, shell, textiles, tobacco, wax, wire, wood (except logging camps, sawmills, and planing mills) and yarns. (4) Manufacture of chemicals and allied products except fertilizer manufacturing. (5) Manufacture, processing and packaging of food and kindred products (except grain milling and processing, stockyards and slaughter houses). (6) Railroad switching, storage and freight yards and maintenance facilities. (7) Research, testing and experimental laboratories. (8) Wholesale trade and warehouse establishments for goods such as but not limited to automotive equipment, drugs, chemicals and allied products, dry goods and apparel, groceries and related products, electrical goods, hardware, plumbing, heating equipment and supplies, machinery, equipment and supplies, tobacco and alcoholic beverages, paper and paper products, furniture and home furnishings. (c) Provisional uses. (1) Communication towers provided that a tower's distance from an R zone shall be at least equal to the height of the tower. (2) Residence of the proprietor, caretaker, or watchman when located on the premises of the commercial or industrial use. (d) Special exceptions. (1) Cementitious concrete batch/mix plants. OFFICIAL PUBLICATION Sec. 36-27. Heavy Industrial Zone (I-2). (a) Intent. The Heavy Industrial Zone (I-2) is intended to provide for heavy or intense industries. The zone is designed primarily for manufacturing and fabrication activities including large scale or specialized operations having external effects which could have an impact on adjacent less intense commercial or industrial uses. (b) Permitted uses. (1) Any industrial, commercial or related use, except the following uses which shall be prohibited: a. Disposal, reduction or dumping of dead animals or offal. b. .Fertilizer manufacturing. C. Manufacture of explosives. d. Oil refining and alcohol plants. e. Production of stooe, clay, glass materials including Portlaod cement plants and quarries. f. Radioactive waste storage or disposal site. g. Steel mills. h. Stockyards and slaughter houses. (c) Provisional uses. (1) Extraction of sand, gravel and other raw materials subject to the requirements of Section 36-55. (2) Uses listed as provisional uses in the I-1 zone subject to the requirements indicated. (2) Heliports and helistops subject to the requirements of Sec. 36-55. (3) Public utilities. (4) Schools - specialized private iast ruction. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: Nooe (4) Minimum yards: Front - 20 ft. Side - None Near - None (5) Maximum building bulk: Height - 45 ft. Lot coverage - None Floor area ratio - None (f) Generalroves isions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III'and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use sod building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. C. Performance standards. See Division 3. d. Nonconformities. See Division 4. (g) Special provisions. None. Sec. 36-27. Heavy Industrial Zone (I-2). (a) Intent. The Heavy Industrial Zone (I-2) is intended to provide for heavy or intense industries. The zone is designed primarily for manufacturing and fabrication activities including large scale or specialized operations having external effects which could have an impact on adjacent less intense commercial or industrial uses. (b) Permitted uses. (1) Any industrial, commercial or related use, except the following uses which shall be prohibited: a. Disposal, reduction or dumping of dead animals or offal. b. .Fertilizer manufacturing. C. Manufacture of explosives. d. Oil refining and alcohol plants. e. Production of stooe, clay, glass materials including Portlaod cement plants and quarries. f. Radioactive waste storage or disposal site. g. Steel mills. h. Stockyards and slaughter houses. (c) Provisional uses. (1) Extraction of sand, gravel and other raw materials subject to the requirements of Section 36-55. (2) Uses listed as provisional uses in the I-1 zone subject to the requirements indicated. (d) special exceptions (1) Junk yards subject to the requirements of Sec. 36-55. (2) Public utilities. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None _ (4) Minimum yards: Front - 100 ft. Side - 0 ft. Rear - 0 ft. (5) Maximum building bulk: Height - 45 ft. Lot coverage - None Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. C. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-65. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. c. Performance standards. See Division 3. d. Nonconformfties. See Division 4. (g) Special provisions. None. Sec. 36-28. Reserved Sec. 36-29. Public Zone (P). (a) Intent. It is intended that the Public Zone (P) provide reference on the zoning map to public uses of land. Thus land owned or otherwise controlled by the Federal Government, the State of Iowa, Johnson Couuty, City of Iowa City, and the Iowa City Community School District will be designated a Public Zone (P). This designation is intended to serve a notice function to those owning or buying land in proximity to publically owed land, which is not ordinarily subject to the regulations of this Chapter. (b) Permitted uses. (1) Farms. (2) Use of land, buildings or structures of the aforementioned federal and state governments or political subdivisions thereof. (t) Provisional uses. None. (d) Special exceptions. None. -3 P�4 V�F Friday, December 30, 1983—Iowa City PresgLitizen-713 OFFICIAL PUBLICATION [e) Dimensional requirements. None. (f) General provisions. None. (g) Special provisions. (1) Should any such land be sold, conveyed or transferred to anyone other than the government of the United States of j America or the State of Iowa or a political subdivision thereof, the buyer or transferee must submit an application to the City for a rezoning to a zone other than the Public Zone (P) in accordance with Sec. 36-88. t (.. (2) Land which is acquired by the government of the United States of America or the State of Iowa or a political subdivision thereof after the effective date of this Chapter shall retain I. its existing zoning designation until such time as, pursuant to Sec. 36-88, the zoning map is amended to designate such land a Public Zone (P). (3) Before any such land is conveyed by leasebold interest to anyone other than the federal and state goveriaments or political subdivisions thereof for a use other than permitted in this zone, rezoning to an appropriate zone in which the use is allowed shall be obtained. The use shall be subject to all requirements of the zone in which it is allowed. Further, the zone shall be established as an overlay zone with the under- lying zone retaining its original designation of P. DIVISION 2. OVERLAY ZONES Sec. 36-30. Flood hazard overlay zones Sec. 36-31. General. (a) Purpose. The purpose of the flood hazard overlay zones, is to establish regulations to minimize the extent of floods and the losses incurred in flood hazard areas and to promote the public health, safety and welfare. (b) Intent. The flood hazard overlay zones are intended to permit only that development within the floodplain which is appropriate in light of the probability of flood damage. The regulations as set forth herein shall apply to all property located in the floodplains, as shown on the Flood Hazard Boundary Map filed with the City Clerk. 'c) Adoption of flood mspa and flood insurance study. The City has adopted the Flood Hazard Boundary Map, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated May 2, 1977, provided by the Federal Insurance Administration as the offic- ial documents. No ordinance related to these documents shall be adopted or enforced based upon modified data reflecting natural or man-made Physical changes without prior approval of change in the documents by the Federal Insurance Administration. (d) Lands to which the overlay zones apply. The flood hazard overlay zones shall apply to all lands shown on the Flood Hazard Boundary Map as being located within the 100 year flood plain. (e) Determination of the location of floodplains and floodways. The boundaries of the floodp eine and floodways shall be determined from information presented on the Flood Boundary and Floodway Map. In the absence of specific information, boundaries shall be determined by scaling distances on the map. Where interpretation is needed as to the azact location of the boundaries, the City Engineer shall make the necessary interpretation. In all cases, the level of the 100 year flood shall be the governing factor in locating the zone boundary on any property. Any person contesting the location of the zone .boundary shall be given an opportunity to present his/her case to the Board of Adjustment for interpretation. (f) Disclaimer of liability. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. These regulations do not imply that areas outside the flood hazard overlay zones will be free from flooding or flood damages. These regulations shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder. �941_ k3-3/6 0 (g) Establishment of Flood lain Overlay OFP) Zone and Floodwa Over - la (OFI.' Zone. a City hereby establishes a Floodp sin Overlay 99 OFP Zove sod a Floodway Overlay (OFV) Zone which boundaries are those of the designated 100 year flood and the designated floodway respec- tively, as shown on the Flood Boundary and Floodway Map. The OFF Zone includes the OFY Zone. (h) Public inspection. The City maintains for public inspection the following: - (1) A Flood Hazard Boundary Map, a Flood Insurance Rate Map, and a Flood Boundary apd Floodway Map. (2) Certificates of flood proofing (with building permits as applicable). (3) For all new or substantially improved buildings in the flood - plains: a. Information on the elevation of the lowest habitable floor including basement, b. A statement whether a building contains a basement, and C. A statement whether a building has been flood proofed and to what elevation. Sec. 36-32. Definitions. The following definitions apply only in the interpretation and enforcement of the regulations of the flood hazard overlay zones: (a) Area of shallow flooding. The land designated AO on the Flood Bazar undary Map w ere no clearly defined channel exists and the path of flooding is unpredictable. (b) Area of a ectal flood hazard. The lead in the 100 year floodplain designate on the Flood Hazard Boundary Map as areas AO and Al -A30. (c) Base flood/100 year flood. The flood having a one per cent chance of occurrence in any given year. a (d) Base floodelevation/fl d protection elevation. The water surface elevation o the 10 year fnol , which is shown on the Flood Insurance Rate Map (FIRM), assuming only that encroachment on the floodplain that existed when the Flood Insurance Rate Map was adopted (May 2, 1977). Additional and complete encroachment to the floodway encroachment linea will cause the water level to surcharge one (1) foot or less above the flood protection elevation as shown in Table I of the Flood Insurance Study. (e) Construction existin . Structures for which a building permit was issue efore the effective date of flood management regulations. (f) Construction, new. Structures for which a building permit was issued on or after the effective data of flood Ynagement regulations. (g) Enual degree of encroachment. A standard applied in determining the location of eneroachmeut limits so that floodplain lands on both sides of a stream or river are capable of conveying a proportionate Mare of floodflomm. This is determiaed by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach. (h) Flood or flooding. A general sod temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of aurface waters from any source. (i) Flood Hazard Boundary Nap (FHBM). An official map of the City, issued the ederal-- naura inistrator, where rhe boundaries of the flood areas having special hazards have been designated as areas AO and Al -A30. (J) Flood Insurance Rate Hop y _(FIRM). An official map of the City on which the ed re surance Administrator hes delineated both the special bazatd areas and the risk premium zones applicable to the City. (k) Flood management regulations. Subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading or erosion control ordinances) and other regulations which provide standards for the purpose of flood damage prevention and reduction. (1) Flo- I.ain. or flood -prone area. Any land area susceptible to being Wands ed by water from any source. (m) Floodplain management. The operation of an overall progress of corrective and preventive measures for reducing flood damage including continued on pope 8 93 -3/6 d `4° � 99 SB—Iowa City Prew Citizen—Friday, December 90, 1983 OFFICIAL PUBLICATION continued from page 7 but not limited to emergency preparedness plans, flood control works and floodplain management regulations. (n) Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or elimin- ate flood damage to real and personal property. (o) Floodway. The area located within the Floodway Overlay Zone and described as the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than one (1) foot at any point. (p) Floodway encroachment lines. The lines marking the limits of floodways on the Flood Soundary and Floodway Nap. (q) Floodway fringe. The land located within the Floodplain Overlay Zone and described as the land between the floodway encroachment lines and the maximum elevation subject to inundation by the 100 year flood as defined herein. (r) Habitable floor. Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combina- tion thereof. A floor used only for storage purposes is not a habitable floor. (s) mean sea level. The average height of the sea for all stages of the tide. mean sea level shall be used as the elevation datum in Iowa City for purposes of these regulations. (t) Mobile home park or subdivision, existing. Land divided into two or sore while home lots for rent or sale for which the construction of facilities for servicing the lots on which the while homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) commenced before the effective date of flood management "regulations. (u) Mobile home Dark oz subdivision, expansion. The preparation of additional sites by the construction of facilities for servicing the lots on which the while homes are to be affixed (including the instal- lation of utilities, either final site grading or pouring of concrete pada, or the construction of streets). - (v) Mobile home park or sdivision new. Land divided into two or more w i e home lots forubrent or an, for which the construction of facilities for servicing the lots on which the mobile homes are to be 'affixed (including at a minimum, the installation of utilities, either final site grading or the pouring. of concrete pads, and the construction of streets) comenced on or after the effective date of flood management regulations adopted by the City. (w) Reach. A hydraulic engineering term to describe longitudinal segments of a stream or river. An example of a reach would be the segment of a stream or river between two consecutive bridge crossings. (_) Substantial improvement. Any repair, reconstruction, or improve- ment of a structure, the cost of which equals or exceeds 50 percent of the appraised value of the structure, either (a) before the improvement or repair is started or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure comences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. (y) Water surface elevation. The height in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplain. of riverine areas. ' Sec. 136-33. Floodplain Overlay (OFP) Zone regulations. The uses and regulations applicable to development in the Floodplain Overlay Zone are as follows:- (a) Uses permitted. Any use as permitted by the underlying xome shall be permitted in the OFP Zone upon meeting the conditions and require- ments prescribed in this zone. (b) Requirements. . (1) 1n areas when water depths in the 100 year flood range be- tween one (1) and three (3) feet, all new construction and substantial improvements of non-residential- and residential buildings shall have the lowest floor, including basement, elevated above the crow of the nearest street or above the depth number behind the "AO" designation on the Flood Insur- ance Rate Bap, whichever is higher. Alternatively, non-residential buildings, including utility and sanitary facilities, may be completely flood proofed to the highest level mentioned above. The walls and basemeat floor shall be completely waterproofed and built to withstand lateral and uplift water pressure. (2) In areas Al -A30, all new construction and substantial improve - mate of non-residential and residential buildings shall have the lowest floor, including basement, elevated to or above the 100 year flood level as show on the Flood Insurance Rate Bap. Alternatively, noa-residential buildings, including utility and sanitary facilities, may be completely floodproofed to the level of the 100 year flood as show on the Flood Insurance Rate Bap. The walls and basement floor shall be completely waterproofed and built to withstand lateral and uplift water pressure. (3) When flood proofing is used for non-residential buildings, a registered professional engineer or architect shall certify that the flood proofing methods are adequate to withstand the flood pressures, velocities, impact and uplift forces, and other factors caused by the 100 year flood. A record of this certification shall be maintained on file with the building permit by the Building Official. The elevation to which the building is flood proofed (based on Sean sea level) shall be attached to the certification. (4) All am individual mobile homes, new mobile home parks, expan- sions of while home parks, and mobile home parks where the repair, reconstruction or improvements of the streets, util- ities and pads equal or exceed 50% of their value before the repair, reconstruction or improvement was started, shall have stands or lots that are elevated on compacted fill or on pilings so that the lowest floor of the mobile have will be at or above the 100 year flood level as show on the Flood Insurance Rate Bap and adequate surface drainage and access for a hauler are provided. When mobile homes are placed on Pilings, the lot must be large enough to have steps up to the mobile home. The pilings must be reinforced if they are more than six (6) feet high and they =at be placed in stable soil ' on 10 foot centers or less. (5) Individual building permits shall be required for the place- ment of any while home in the floodplain where water depths are one (1) foot or greater in a 100 year flood. (6) All mobile hoses placed after the effective date of these regulations in the 100 year floodplain which floods to depth of one (1) foot or greater, shall be anchored to resist flotation, collapse or lateral movement by providing over -the - top and frame ties to ground anchors. There shall be top ties at each corner with one aid -point tie on each side of while hoses shorter than 50 feet. Longer mobile homes shall have two ties at intermediate points on each side. There shall be frame ties at each corner with four (4) addi- tional ties on each side of mobile hoses shorter than 50 feet. Longer while homes shall have five (5) ties on each side. All parts of the anchoring system whall have a strength of 4,800 pounds. Additions to while homes shall be anchored in the saw way. (7) All mobile home parks shall file an evacuation plan with the Iowa City Police Department showing alternate vehicular setts• and escape routes. (8) For all land development proposals, base flood elevation data on the preliminary plata or plans shall be show. (9) The City will review all proposed development in the flood-, plain to verify that appropriate permits have been obtained from the Iowa Department of Water, _Air and Waste Management and to ensure compliance with section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334. (10) The City shall: A. Require permits for all new development including struc- tures and other activities such as filling, paving and dredging in the OFP Zone, and shall require building permits according to Chapter 3 of the Uniform Building Code. b. Review all permit applications to determine wbether Proposed building sites will be reasonably safe from OFFICIAL PUBLICATION flooding. If a proposed building site is in a flood -prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall be: 1. designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement Of the structure, 2. constructed with materials and utility equipment resistant to flood damage, and 3. constructed by methods and practices that minimize flood damage. C. Review subdivision proposals and other proposed new developments to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood -prone area, any such proposal shall be reviewed to assure that: 1. flood damage within the flood -prone area is minimized to the extent possible, 2. all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and 3. adequate drainage is provided to reduce exposure to flood hazards. d. Require within flood -prone areas: 1: new and replacement water supply systems designed to minimize or eliminate infiltration of flood waters into the systems, 2. new and replacement sanitary sewage systems to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters, and 3. ou-site ..are disposal systems located to avoid impairment to them or contamination from them during flooding. Sec. 36-34. Floodway Overlay (OFW) Zone regulations. The uses and regulations applicable to development in the Floodway Overlay Zone are as follows: (a) Uses permitted. The following uses shall be permitted in the OFW Zone to the extent that they are otherwise permitted in the underlying xom : (1) Boat docks, ramps, piers for publicly owned structures. (2) Dams, provided they are constructed in accordance with regulations of the Public Works Department, The Iowa Department of Water, Air and Waste Management, and other Federal and State agencies. (3) General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuaries, farm and other similar agricultural, wildlife and related uses. (4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses. (5) '[awas, gardens, play areas, bikeways, pedestrian pathways and other similar uses. (6) Parking and loading areas provided they are located no closer than 30 feet to a stream or river bank. (7) Streets, overhead utility lines, creek and storm drainage facilities, sewage or waste treatment plant outlets, water supply intake structures and other similar public or utility uses. (b) Uses pe rmi[ted by special exception. The following uses may be permitted within Che OFW Zone to the extent that they are otherwise permitted in the underlying zone upon approval of a special exception in I accordance with the standards, procedures and requirements of $Rt. 36` 91., herein. (1) Open storage of any material or equipment. (2) Parking and loading areas located within 30 feet of a stream or river bank. (3) The reconstruction, rehabilitation or restoration of struc- tures listed on the National Register of Historic Places or the State Inventory of Historic Places. (c) Uses and structures prohibited. (1) All fill, encroachments, new construction, any artificial obstruction, substantial improvements of existing structures or other development unless a special exception is granted. (2) Expansion of an existing mobile home park. (d) Requirements. There shall he no encroachment of fill, new con- struction, substantial improvements or any other development that will result in any increase in the 100 year flood level. Sec. 36-35. Special exceptions. Uses listed in the Floodway Overlay Zone requiring approval of a special exception may be established only after approval by the Board of Adjustment upon compliance with the following procedures, standards sod requirements: (a) Application. Applications for special exceptions shall be filed with the Board of Adjustment for review and consideration. The appli- cant shall submit to the Board completed forms together with four seta of plans drawn to scale, showing the nature, location, dimensions and elevations of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the shove to the location of the channel floodway and 100 year flood elevation as shown on the Flood Insurance Rate lisp. When special circumstances necessitate detailed information by the Board for the evaluation of the effects of the proposed use upon flood flows, the afplicaat shall furnish the following additional information as is deemed necessary: (1) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) A plan view showing elevations or contours of the ground; pertinent structures, fill, or storage elevations; size, location and special arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information. (3) A profile showing the slope of the bottom of the channel. (4) Specifications for building construction sod materials, floodproofing, filling, dredging, grading, channel improve- ments, storage of materials, water supply, and sanitary facil- ities. (5) Additional information as may be required. (b) Standards. The following standards shall apply to special exceptions: (1) Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount placed shall not be greater than necessary to achieve the purpose demonstrated on a plan submitted by the applicant. Any fill or other materials shall be protected against erosion by rip rap, a vegetative cover or bulkheading. (2) The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal, or plant life during times of flooding is prohibited under all conditions; however, storage of other materials or equipment may be allowed if not'subject to major damage by floods and if firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (c) Factors. In passing on an application for a special exception, the Board shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. In addition, the Board shall consider the following factors although not limited to such factors. (1) The probability that materials may be swept onto other lands or downstream to the injury of others. (2) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. ev-,JF3-3le" e `1541 99 OFFICIAL PUBLICATION (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to the indi- vidual owner. (4) The availability of alternative locations not subject to flooding for the proposed use. (5) The safety of access to the property in times of flood for ordinary emergency vehicles. (6) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected- at the site. Sec. 36-36. Non -conforming structures. (a) If any non -conforming structure is destroyed by any means, includ- ing floods, to the extent that the cost of restoration or replacement would equal or exceed 50 percent of the appraised value of the structure before the structure was damaged the following regulations shall apply: (1) If a non -conforming structure is in the floodway, the struc- ture may be reconstructed; however, it shall not be expanded, changed, enlarged or altered in any way which would create an obstruction to water flow greater than that which existed before damage to the structure occurred. Upon reconstruction, the structure shall be adequately and safely floodproofed or elevated to the level of the 100 year flood as shown on Flood Insurance Rate Map. - (2) If a structure is located in the floodway fringe it may be reconstructed provided it is adequately and safely flood - proofed or elevated in conformance with the requirements herein. (b) If any mobile borne or mobile home park is destroyed by any mans such that the cost of restoration would exceed 50% of its appraisal value prior to damage, then such mobile home or mobile home park shall not be rebuilt or replaced if it is located in the floodway. If it is located in the floodway fringe, it shall be rebuilt in conformance with the requirements herein. Sec. 36-37. Variances. (a) General repuirementa for Rraating of a variance. In all circum- sGnces varian<ea may only be granted upon a determination that the variance issuance will not result in increased flood height, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with any other local laws or ordinances. Variances shall not, under any condition, be issued within the floodway if any increase in flood level during the 100 year flood would result. (b) Insurance rates. The issuance of a variance to construct a building below the 100 year flood level will result in increased premium rates for flood insurance coverage because such construction below the level of the 100 year flood increases risks to life and property. The applicant should contact his/her insurance agent for further information. (c) Approval by the Iowa Department of Water, Air and Waste Management. All decisions to grant a variance shall be submitted to the Iowa Department of Water, Air and Waste Management for final approval. The decision to grant a variance shall not be binding until such approval is granted by the Iowa Department of Water, Air and Waste Management. Note: The provisions in Sections 36-30 through 37 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. Sec. 36-38. Airport overlay zones. Sec. 36-39. 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; (c) The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation or marking and lighting -of existing airport hazards are public purposes for which the City my raise and expend public funds, as an incident to the operation of the airport, to acquire land or`property interests therein; (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are not considered compatible with airport operations; and (e) It is highly desirable that there be no structures or natural objects or traverse ways in the clear zones and that no incompatible uses be allowed in the clear zone. Sec. 36-40. Definitions. The following definitions only apply in the interpretation and enforce- ment 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) Ai mort hazard. Any structure, tree or use of land which would excee the Federal obstruction standards as contained in FAR Part 77 - Subpart C 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 Layout Plan. A drawing in the Airport Master Plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. (e) Airport primary surface. A surface longitudinally centered Do a runway which extends 200 feet beyond the end of a runway. The widof the primary surface of a runway shall be that width prescribed injart 77 of the Federal Aviation Regulations (FAR) for the most prapise approach existing or planned for either end of that runway. The eleva- tion of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (f) 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. (g) Instrument runway. A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned. (h) Airport Master Plan. A comprehensive plan for development of the airport over a 20 year time period. The Master Plan includes among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the Master Plan, and recommendations for use of land on and adjacent to the airport. The Airport Layout Plan is a component part of the Master Plan. (i) 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 instru- ment approach procedure and where no electronic glide slope is provided. (j) Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. (k) Minimum obstruction clearance altitude. The specified altitude in effect between radio fixes on VOR airways, off -airway routes, or route segments which meets obstruction clearancerequirements for the entire route segment and which assures acceptable navigational signal coverage within 22 miles of a VOR. (1) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (m) Visual runway. A runway intended solely for the operation Of aircraft using visual approach precedures with no straight -in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan or by any planning document submitted to the FAA by competent authority. Sec. 36-41. 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 (011) Zone. (1) Defined. The land laying under a horizontal plane 150 feet continued on page 9 pz,e. cY3-3/6 a OFFICIAL PUBLICATION continued from page & 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 and 17 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, 24, 30 and 35 and connecting 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 are 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 ON Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the ON Zone. (b) Conical Overlay (OC) Zone. (1) Defined. The laud 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. (3) Use limitation. Sanitary landfills shall not be permitted in the OC Zone. (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. 500 feet wide for runways 6, 12. 17, 30 aad 35. 2. 1000 feet wide for runway 24. b. The outer edge of the approach surface is: 1. 1,500 feet for runways 12 and 17. 2. 3,500 feet for runways 6, 30 and 35. 3. 4,000 feet for runway 24. 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 and 17. 2. 10,000 feet at a slope of 34 to 1 for runways 6, 24 and 35. 3. 780 feet at a slope of 20 to 1; thence level at an elevation of 687 feet HSL from 780 feet to 1326 feet; thence from 1326 feet to 10,000 feet at a slope of 34 to I for runway 30. (2) Height limitation. No structure shall penetrate the approach surface in the OA Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA Zone. (d) Clear Overlay (OCL) Zone. (1) Defined. The land longitudinally centered on .the runway centerline or extension thereof lying under portions of the OA Zone and described as follows: a. Runway 6 - 1000 feet wide beginning at a point 200 feet from the edge of the existing runway on the extended runway ceaterliae for a horizontal distance of 1000 feet; thence widening uniformly to a width of 1425 feet at a distance of 2700 feet from the point of beginning. b. Runways 12 and 17 - 500 feet wide at the inner edge of the OA Zone and 700 feet wide a distance of 1000 feet from the inner edge. c. Runway 24 - 1000 feet wide beginning at a point 490 feet southwesterly on the runway centerline Isom the center of the end of the existing runway pavement (including any and all paved safety areas); thence widening uniformly to a width of 1510 feet at a point 1700 feet northeasterly on the extended runway centerline from the point of beginning. d. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone and 1010 feet wide a distance of 1700 feet from the inner edge. (2) Use limitations. No use shall be permitted in which there is connected therewith a building designed according to the Uniform Building Code (1979 Edition) with an occupancy rating of 50 square feet of floor area per person or less. In addi- tion, the following uses shall not be permitted: (e)) Campgrounds. (b), Fairgrounds. (c) Hospitals and institutions. (d) Motels and hotels. (e) Nursing and custodial homes. (f) Residential uses. (g) Restaurants and similar eating and drinking establishments. (h) Sanitary landfills. (1) Schools, including nurseries, pre -kindergartens and kindergartens. (J) Stadiums. (k) Storage of fuel or other hazardous materials. (1) Theaters. (e) 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 OT Zone, as depicted on the Airport Height Zoning Hap. (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. Sec. 36-42. Use restrictions. In addition to the above restrictions on land, the following special requirements shall apply. (a) Any person who proposes any development of greater height than an imaginary surface extending outward and upward at the slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration shall be sent to the Cheif, Air Traffic Division, of the FAA Regional Office in Kansas City, Missouri, and one copy to the Iowa City Airport Commission. (Copies of FAA Form 7460-1 may be obtained form the FAA.) (b) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure he erected that causes the minimum obstruction clearance altitude or minimum earoute altitude to be increased. Cf�•�3-3/L° �f7�99 B'- f3- 3/6 u �fA 9 9 OFFICIAL PUBLICATION (c) Li tin . , (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 war 200 feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 701. 7460 and amendments. (3) Any permit or variance granted may be bo conditioned as to require the owner of the structure or growth in ,question to .permit the City to install, operate and. maintain thereto such workers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (d) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. Sec. 36-43. Special exceptions. (a) The height and use limitations contained in the Airport Overlay Zones may be modified by special exception granted by the Board of Adjustment (the "Board"). However, so such special exception shall be granted unless the Board finds, based upon written reports from the Federal- Aviation Administration, and the Aeronautics Division of the Iowa Department of Transportation, that - (1) In an application to permit any structure, tree, or use of land to exceed the height limitations of the Airport Overlay Zones, that such structure, tree, or use of land, would not obstruct either the airspace required for the flight of 'aircraft, or loading and take -off of aircraft at the Airport, ^, and is otherwise not hazardous to such landing or take -off of aircraft. (2) In an application to permit a use of land otherwise prohibited - herein, that such use would not be incompatible with airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the Board, file the required written reports of the Federal Aviation Adminstration, and the Aeronautics Division of the Ism Department of Transportation. No application for a special exception hereunder shall be set for hearing by the Board until such reports have been filed. Note: The provisions in Sections 36-30 through 43 are essentially the Sane as existed in the Zoning Ordinance prior to the adoption of this chapter. Sone.. 36-44. River Corridor Overlay (ORC) Zona. (a) Findings. The Iowa River and adjacent land an valuable natural resources, essential elements in local sewer, water and recnotiomml systema, and serve important biological and ecological functloM. The river corridor also functions as the area's coat significant_amtunl amenity which plays an important role in the ongoing develogwmat. of adjacent communities. The prevention and mitigation of irreversible damage to these resources and the preservation and enhancement of their natural, cultural, and historic values is in furtherance of the health, safety and general welfare of the City. (b) Purpose. The purpose of the River Corridor Overlay Zone is to: (1) Protect and preserve the Iowa River as a natural drainagevay and source of ground and surface water; (2) Conserve the natural resources of the corridor so that the corridor retains its value as a significant Amenity to the adjacent communities; (3) Provide for compatible land uses; - (4) Ensure orderly development of residential and recreational uses within the length of the corridor located in the City. °�C) latent. The intent of the River Corridor Overlay Zoue is to: (1) Ensure responsible development that will result in the least possible amount of storwater runoff and erosion along the river corridor; - -(2). Ensure responsible development that will not impair eitherthe public's visual access to the river or the public's view from the river; (3) Encourage the development of a 100 foot vegetative buffer between the river bank, as deficed,. and sew development; (4) Encourage the use of natural vegetation or other appropriate means of erosion, control that are in keeping with the intent of this some; (5) Encourage the preservation of werstory vegetation for erosion control and for aesthetic purposes. (d) E6 tablishment of River Corridor Zone. The ORC Zone with its attendant regulations is hereby eats lished as part of this Chapter. The ORC Zone shall overlay all other "me established within the boundaries as described in Subsection (e) following. (e) Zone boundaries. The ORC Zone shall apply to the Iowa River Corridor which is delineated on the official zoning map.. 00file in the office of the City Clerk and shall be available for inspection and copy. Bee. 36-45. Definitions. (a) Floodway encroachment lines. The lines marking the -limits of floodways on t e Flood Bonndary•and Floodway Nap. (b) Horizontal setback. A horizontal line drawn landward from the floodway encroachment ins or the river bank, as defined, which is perpendicular to the floodway encroachment line and/or the river bank. (c) River bank. Water level line at 6,000 cubic feet per second (cfs) outflow fromthe Coralville dam. Sec. 36-46. ORC Zone Regulations. _. (a) Permitted uses-. Uses permitted in the ORC Zone shall be the same N s thoe otherwise allowed in the underlying zone subject to the require- mants of Subsection (b) of this. section. In addition, commercial river recreational uses shall be periitted in .underlying industrial and commercial uses. (b) General requirements. Alla development shallmeet the followiwg requirements: (1) Compliance with the Flood Plain Ordinance where applicable; (2) A thirty (30) foot horizontal setbackfrom the floodway encroachment line or the river bank, as defined; except that any owner/developer shall be allowed to build a pedestrian and/or bicycle path in the 30 foot setback area; in the event that the floodway encroachment line ,and the river bank are not the same, the basis of the setback shall be at the discretion of the ower/developer, (3) Land use capability suitable to the type of development proposed, as determined by evaluation of soils, slope and vegetation, according to the specified development limitations of soil types published in the U.S. Departmentof Agriculture Soil Conservation Service's Soil Survev 4 Johnson County, Iowa, May 1980, or any subsequent smeadments thereto; (4) Stormwater management in conformance with the applicable requirements of the Iowa City Design Standards for Public Works; (5) Erosion control in conformance with the applicable requirements of. the Iowa City Design Standard for Public Works. Erosion control may be accomplished according tc construction measures in Streambanh Erosion Control Methods published by the U.S. Army Corps of Engineers, except that theuse of tire mats, wire fencesand auto bodies is prohibited; (6) Retention or replacement of vegetation that provides bank stability in the floodway and/or the setback area; (7) .Screening .shall be provided in accordance with Sec. 36-76 .(Performance Standards); (8) Signs,except public signs, shall not be located within 100 feet of the floodway encroachment line unless located only where they do .not impair visual access to the river and where they cannot be vlewtd from the river. .- (c) Site Plan rrepuirements. No building permit shall be issued until a site plan has been prepared and approved in accordance with the pro- cedures of Chapter 27, Article III, Division I and 2, LSRD and LSNRD's and the general requirements and special provisions of this zone. (1) Exemptions. No site plan shall be required for a single- family dwelling nor for the extension, enlargement, change or Aj- p3- 3/6 a lf9 /� 99 Friday, December 90, 1983 --lows City Pres& -Citizen --95 OFFICIAL PUBLICATION alteration thereof, nor accessory structure's thereto. However, upon application for a building permit, the Building Official shall require such additional information as necessary to determine compliance with the regulations of this zone. (2) Site plan contents. In addition to standard site plan require- ments of Chapter 27, Article III, the following information shall be provided on or with the site plan: .. a:. Contours at two (2) foot intervals and a clear delineation of all streams, including intermittent streams, water bodies, and wetlands located on the site. Floodway and Fringe Overlay Zone boundaries shall also be indicated; b. Location of the 30 foot setback area; C. Existing drainage of the stormwater, including the direction, volume and at what rate stormwater is conveyed from the site; and the areas of the site where storawater collects and is gradually percolated into the ground or slowly released -to a tributary stream or the river; d. Types and location of the soils of the site, as well as a soil report containing information on the suitability of the soils for the type of development, as published in the U.S. Department of Agriculture, Soil Conservation - Service's Soil Survey of Johnson County Iowa, March 1980, or any subsequent amendments thereto. All areas proposed for grading shall be identified by soil type, both as to soil type of the existing top soil and soil type of the am contour. e. Location and amounts of excavated soils to be stored on site during construction; - f: A description of any features, buildings or areas which are listed by the Iowa State Division of Historic Preservation; _ g. Location, type, size and general description of existing vegetation, vegetation proposed for removal and proposed landscape materials which will be added to the site as part of the development; h. An erosion control and sedimentation plan as required by applicable provisions of the Design Standards for Public Works Improvements of Iowa City. (d) Special provisions. (1) If an ower/developer of a residentially zoned parcel, part of which is located in the ORC Zone, agrees to leave the portion in the ORC Zone undeveloped, the ower/developer shall be allowed to develop the remainder of the parcel according to OPDH regulations, as specified in Sec. 36-47 without applying for a change in zoning. Sac. 36-47. Planned Development Housing Overlay (OPD -H) Zone. (a) Preliminary plan. Whenever the owner of a tract of land, composing an area of not less than two (2) acres, wishes to develop in accordance with the provisions of this section, there shall be submitted to the City Clerk six (6) copies of a preliminary plan and application for preliminary approval. The preliminary plan for the use and development of the tract of land say show variations from requirements of the particular zone in which the tract of land is located. The application - shall be accompanied by the following: (i) A location map. (2) A preliminary plan of the planned development drawn to a sc* of V = 100', said plan to show: a. Contours at five (5) foot intervals or less. b. Approximate location of all proposed stints: C. Proposed use of the land (show by zoning classification that would be most suitable for building type and popula- tion density in the planned development or in any subarea thereof). d. Proposed overall population density of the planned development. e. Proposed general arrangement of the buildings. f. Location and area of proposed open space areas (either to be held in common or publicly, whether to be wed for active recreation purposes or as only an environmental amenity). g. Sketches to indicate the general design of building types and the overall character of the development. h. A fee in an amount established by resolution shall be paid at the time the preliminary planned development plan, or any combination of preliminary plana and/or plata, is submitted to the City Clerk. . 3/60 Sd � 99 (b) Preliminary aDDroval. Procedure for preliminary approval of any planed development shall be in accordance with preliminary approval of subdivision and large scale residential developments. (c) Final Plan. The final plan shall meet all of the requirements of the preliminary plan and meet the specifications of the subdivision and large scale residential development regulations where applicable. (d) Ffnal Plan of subarea. After preliminary approval of the entire planned development is given, a final plan of a segment or subarea within the planned development may be given if: (1) The plan of the subarea meets all requirements of a final plan. (2) The dwelling unit density within the subarea does not exceed the dwelling unit density allowable for the least restrictive use for that area under existing zoning. (3) it is conclustvely show that the subarea can function as an independent development unit with adequate access, services, utilities, open space, etc. (6) The developer dedicates all public rights-of-way necessary to support the subarea. (5) A fee in an amount established by resolution shall be paid at the time the final planned development, or any combination of preliminary and final plats and/or plans, is submitted to the City Clerk. (e) General requirements. (1) Land uses. Combinations of land uses including single family, multi -family and commercial uses are permitted and variations in building setbacks and lot area requirements as called for in this Chapter may be approved for planned . developments. (2) Dwelling unit density. The overall dwelling unit density (total land area minus street right-of-way area) within the planned development may be computed on the basis of that permitted for the least restrictive use, depending upon the character of the development, which would be allowed under the applicable zoning classification(s). (3) Open space. Planned developments shall take into consideration the need to provide open space for recreational purposes and to enhance the general character of the area. a. In the event the open space land is to be retained under private ownership, the developer must submit a proposed legally binding instrument setting forth the procedures to be followed in maintaining the areas and the means for financing maintenance costs. b. All proposed dedications of land for public use including that to be dedicated for recreational use shall be approved in writing by appropriate departments of the city prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (6) Ownership. At the time of final approval of a planned develop ment by the Commission, the developer must submit evidence of ownersbip of the property to be developed or show evidence of legally binding executed option agreements for purchasing all of the property. (5) Dedication of public rigbt-of-way. All proposed dedications of land for public use including that to be dedicated for recreational use shall be approved in writing by appropriate departments of the city prior to approval of the plan by the Commission. All land dedications for public use shall conform to the requirements of city ordinances. (b) Streets. Planned developments shall make provision for con- tinuation and extension of arterial and Collector streets and shall be done in accordance with current city standards. continued on page 12 A,K �3n- 3/6 a 12B—Iowa City prow Citizen—Friday, December 30, 1983 T OFFICIAL PUBLICATION continued from page 9 (7) Schedule of completion. A developer or sponsor of a planned development shall be required to submit a signed statement generally describing the proposed development and setting forth an intended time schedule for the completion of various phases. (f) Report of the Planning and Zoning Commission. Upon completion of review of the proposed planned development, the Commission shall prepare a written report to the City Council to substantiate their stated recom- mendation. This report shall deal with the following: That the variancesin setback, lot area requirement, building heights, building types, sizes of buildings, and the combination of land uses will be in the public interest, in harmony with the purpose of this Chapter and other building regulations of the city and will not adversely affect nearby properties; and that the parking requirements of this Chapter otherwise prevailing in the zone have not been reduced. (g) Final approval. After the recommendations of the Commission have been filed or if the Commission does not report back in 45 days, the Council shall, before giving final approval to any planned development, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a newspaper have a general circulation. in Iowa City. After proper approval of the plan, permits may be issued to carry out the approved plan even though it may not conform in all respects to other obligations of this Chapter. (h) Building permits. The final plan or parts thereof as finally approved by the Council shall be filed with the Building Official's office and all building construction permits shall be issued on the basis of conformance with the plan. Minor changes in building arrange- ments that do not substantially alter the character of the development are allowable. Any other changes, including changes in street locations, land use and building arrangements, shall be considered as amendments to the approved final plan and must be considered and acted upon by the Commission and the Council prior to issuing building permits related to such changes. In the event coame rcial uses are approved as a part of a planned develop - sent, a building permit for the commercial uses shall not be issued until a ainimum of 25% of the housing units planned for the area (or approved subarea) have been completed or will be built simultaneously. Separate building permits shall be obtained by the developers for the construction of housing and commercial uses where separate buildings are to be used. Note: The provisions in Section 36-47 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. Sec. 36-48. Reserved Sec. 36-49. Reserved Sec. 36-50. Historic Preservation Overlay (OHP) Zone. Sec. 36-51. General. g (a) Purpose. The purpose of the OHP Zone is to: (1) 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. (2) Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural significance. (3) Stabilize and improve property values by conservation of historic properties. (4) Foster civic pride in the legacy of beauty sad achievements of the past. (5) Protect' and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. go(6) Strengthen the economy of the City, and (7) Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. Sec. 36-52. Definitions. ?he following definitions applyonlyin the interpretation and enforce- ment of the OHP Zone and in no other zone. d 5d�99 (a) Applicant. The party making application for a Certificate of Appropriateness from the Iowa City Historic Preservation Commission. �LL ✓ B (b) Application. A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a Certificate of J Appropriateness. (c) Certificate of ap�ap_riateness. 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 limit normal repairs or maiateoence which do not involve alterstlons 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 movement of a uilding from or t the reconstruction or restoration modify, reconstruct, remove or existing building. erection of a building on a site, the D a site, the demolition of a building, of a building, or any action to change, demolish any exterior feature of an (f) Commission. The Iowa City Historic Preservation Commission as establiOrdinance No. 82-3098. (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) 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. Sec. 36-53. Applications for Certificates of Appropriateness. (a) No individueI or corporation shall undertake a change in appearance of a building or site within an OHP Zone for which a regulated permit 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. No additional improvements requiring a Certificate of Appropriateness shall be imposed upon the applicant unless approved by the City Council subsequent to the Coamii.salon's recommendation. (b) Application for a Certificate of Appropriateness shall be made to the Building Official. The application should include drawings, photo- graphs, sketches and other exhibits portraying the work to be accomp- liahed which will aid the Historic Preservation Commission in the consideration of the application. (c) L'pon the filing of such application, the Building Official shall immediately notify the Historic Preservation Commission of the receipt of ouch application and shall transmit it together with accompanying plane and other information to the Commission, unless the application pertains solely to the interior of the structure. (d) All applications received before the closing date, to be estab- lished by the Commission, shall be considered by the Commission at its next regularly scheduled. meeting. The Commission shah 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 upou 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." (e) 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 fid. f3-3/Fd .s� � 99 OFFICIAL PUBLICATION the application was acted upon. Thereafter, a copy of the resolutiot .bell 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. (f) Any applicant aggrieved by any decision of the Commission my 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 my .modify the. order, requirement,decision, or determination appealed from and my 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 my appeal to the Johnson County district court within 60 days after the Council's decision. (h) Certificates of Appropriateness issued on the basis of approved applications authorize only changes in appearance set forth in each approved applications and no otherchangesin 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 E of this ordinance. Sec. 36-54. 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 my affect the exterior features ofany 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. (b) The Commission shall kava the power to require that changes of alterations not adversely affect, the exterior features of a buildfmg is cases where the danger to life, health or property my 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.. (c) If a preservation solution acceptable to the Commission, the City agency or departmat,..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. DIVISION 3. ADDITIONAL REGULATIONS Sec. 36-55. Use and requirements. The following principal uses are listed as provisional uses or special exceptions in various zones in this Chapter. These uses are required to meet the regulations indicated, in addition to the regulations of the zone in which the uses are allowed, only when this Division is referred to in the requirements for each "a. In case of say conflict between the regulations of the zone in which the use is allowed as a provisional use or special exception and the additions) regulations of this Division, the most restrictive regulations shall govern. - (a) Airports, heliports and helistops. (1) The area shall be sufficient to meet the Federal Aviation Agency's requirements for the class of airport proposed. (2) No existing tall structures or natural obstructions outside the proposed airport, which would protrude above the approach zones established for the proposed runways or landing strips, shall be permitted to rema in. (3) Certification shall be obtained from the Federal Aeronautics Administration that airport traffic will not Interfere with the flight pattern of the Iowa City Airport or any other nearby airport. (b) Cemeter-ies and mausoleums. (1) Area. Any new cemetery shall be located on a site containing not less than 20 acres. (2) Setback. All structures including but not limited to a mausoleum, permanent monuments or ma inteoance building shall be set back not less than 30 feet from any property line or street right-of-way line and all grave, or burial lots shall be set back not less than 10 feet from any property line or street right-of-way. (c) Child care facilities. The following requirements shall apply when more than six (6) children are to be cared for for more than two (2) hours at a time. (1) A fenced outdoor play area of not less than 100 square feet per child using the area at any given time shall be provided. (2) No playground equipment shall be pe emitted in the front or side yards. (3) Fenced play areas shall be enclosed or protected, well drained, free from hazards, and shall be readily accessible to the center. (4) The center shall be provided with at least 35 square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms, and halls. (5) In addition, to the requirements above, the facility's operation and maintenance shall meet all applicable state requirements. (d) Clubs. (1) Clubs shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements. a. Minimum lot area: 40,000 square feet. b. Minimum yards: 1. Front yard - 30 feet 2. Side yard - 30 feet 3. Rear yard - 50 feet 4. Parking - not closer than 20 feet to a side or rear lot line. C. Building bulk: 1. The maximum permitted floor area ratio shall be 0.3. 2. The maximum permitted building coverage shall be 15%. (e) Drive-in theaters. (1) The site shall have direct access to a primary or secondary arterial street as identified on the Comprehensive Plan Map. (2) The viewing side of the theater screen shall not be visible from within 1000 feet of any existing or proposed public street. (3) Cars parked in the viewing area shall be screened on all sides by a solid wall or fence not less than six (6) feet in height. (4) All entrances and exits shall be separated and internal circulation shall be laid out to provide one-way traffic. (5) Sale of refreshments shall be limited to patrons of the theater (6) No central loudspeakers shall be permitted. (7) Amusement areas shall be limited to patrons of the theater. (f) Dwellings, zero lot line and townhouses. (1) Where the abutting lot has been developed with a principle building having a setback of more than zero feet but less than 0 OFFICIAL PUBLICATION 10 feet from the aide lot line io common, the zero lo[ lane dwelling shall be located such that there is a miniaum of 10 feet between unattached buildings. An easement from the abutting lot owner shall be secured prior to the issuance of a building permit to ensure that a zero or 10 foot separation is retained. (2) No portion of a wall, roof, or appurtenance on the zero side yard shall project over the lot It,,. Openings in the wall shall be prohibited. (3) Legal provision shall be made for permanent access for the maintenance of the exterior portion of the proposed building wall located upon the lot line and for other common elements such as aisles. A permanent ten foot maintenance easement to provide such access shall be secured prior to issuance of a building permit. (4) Each end unit of a townhouse shall have one (1) side yard of a minimum of 10 feet. (5) Each dwelling unit shall be provided with separate building access and with separate utility service from the street or rear lot line. (g) Elderly housing. (1) Elderly housing shall be located within 600 feet of a public transit system with regular routes. (2) Dimensional requirements: a. Minimum lot area per unit: 300 square feet. b. Minimum yards: none. C. Minimum separation. Two (2) or more separate buildings on the same lot shall be separated by a minimum horizonts: distance equal to one of the following: 1. The height of the highest building; or 2. Eight (8) feet plus two (2) feet for each additional story above the second story, provided that no window of a dwelling unit is located no a side next to an adjacent building below the height of the adjacent building; or 3. Two (2) times the height of the adjacent building above the window Bill of any window of a dwelling unit located on the side next to the adjacent building. (See figure below). The distance shall in no case be less than eight (8) feet plus two (2) feet for each story above the second story. The above conditions 1, 2 or 3 shall apply to a buirarng for elderly housing and a building on an abutting lot. Elderly aaleunt Ibuslrq But ldtrp 801dlna i f _ wl d sill (h) Extraction. (1) Approval for the withdrawal of water, if required, shall be obtained from the Iowa Department of Water, Air and Waste Management. (2) Approval for operation in a floodplain shall be obtained from the Iowa Department of Water, Air and Waste Management. (3) A license to operate from the Iowa Department of Soil Conservation - Division of Mines and Minerals shall be obtained. Failure to maintain said license shall constitute abandonment. (4) Extraction shall not occur within 1000 feet of an R zone. (5) Extraction shall not occur within 100 feet of abutting property or a street. (6) Compliance with all other applicable state regulations shall be set. (i) Funeral homes. (1) Funeral homes shall he located with access to a secondary or primary arterial street as identified on the Comprehensive Plan Map. (1) The site shell have a minimum frontage of 120 feet and a minimum lot area of 40,000 square feet. (j) Junk yards. (1) No operation shall be permitted closer than 1000 feet from any established k zone. (2) All outdoor storage shall be conducted entirely within an enclosed fence, wall, or other solid screen except for driveway areas. Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall he constructed in such a maaner that no outdoor storage or salvage operations shall be visible from an adjacent property, street, or highway. Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Junk or salvage materials shall not be piled higher than the height of the fence, nor against the fence. (3)- For fire protection, an unobstructed firebreak shall be maintained, 15 feet in width and completely surrounding the junk yard. (4) The storage of rags, paper, and similar combustible waste shall not be closer than 100 feet to any property line, un leas enclosed in a masonry building of not less than four-hour fire resistive construction. (k) Kennels and veterinary establishments. No kennel area or animal yard shall be located within 00 feet of any dwelling not located on the premises. (1) Nursing homes. (1) Nursing homes shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on street pavements wider than 28 feet. (2) Dimensional requirements: a. Minimum lot area: 600 square feet of lot area per each bed. b. Minimum yards: 1. Front yard - 40 feet 2. Side yard - 30 feet 3. Rear yard - 25 feet C. The maximum permitted building coverage shall be 40%. (m) Religious institutions. (1) Religious institutions shall be located with access to arterial streets as identified on the Comprehensive Plan Map or on air"t pavements wider than 28 feet. (2) Dimensional requirements. a. Minimum lot area: 40,000 square feet. b. Minimum yards. Two feet of horizontal distance shall be provided for each foot of building height measured between the nearest point of any lot line and the nearest point from which the height is measured. (n) Stables. Such structures shall be located at least 1000 feet from any R zone boundary. ARTICLE III. ACCESSORY USES AND REQUIREMENTS. Sec. 36-56. Permitted accessory uses and buildings. Accessory uses, buildings or other structures customarily inciden- continued on page 13 A'e.4f: -_3/J�D 5'q y�? OFFICIAL PUBLICATION continued from page 12 tal to and commonly associated with a permitted use, provisional use or special exception shall be permitted provided they are operated and maintained under the same ownership, located on the same lot (except as otherwise provided), do not include structures or structural features inconsistent with the uses to which they are accessory, and conform to the specific requirements contained herein. The accessory uses, buildings or other structures permitted in each zone may include the following: (a) In the f0 Zone. (1) Communication towers and satellite receiving devices provided their distance from an R zone is at least equal to the height of the tower. (2) Fences as regulated by Sec. 36-65. (3) Gazebos, enclosed patios and similar buildings for recreational use. (4) Home occupation. (5) Off-street parking as regulated by Sec. 36-58. (6) Private garages. (7) Private greenhouses or conservatories. (8) Private recreational uses and facilities including but not limited to swimming pools and tennis courts. (9) Roadside stands for the sale of produce grown on the premises provided that such a stand shall not contain more than 600 square feet of floor area, the stand is located not less than 20 feet from a street, and access to the stand is from an entrance to the farm or residence. (10) Signs as regulated by Sec.. 36-60. (I1) Structures for the shelter of household pets, except kennels. (b) In the RR -1, RS -5 RS -8 and RMH Zones. (1) Communication towers and satellite receiving devices provided they shall not be located in the area between the street and principal building, within the (required) side yard, nor o0 the roof of any building. (2) Fences as regulated by Sec. 36-65. (3) Gazebos, enclosed patios and similar buildings for passive recreational use. (4) Home occupations provided that no home occupation shall be permitted in which there is associated therewith: A. Any commodity sold upon the premises except that which is produced thereon or is accessory to the home occupation conducted on the premises. b. Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building. C. Any exterior display, exterior storage of materials, signs (except as otherwise permitted), house calls after 9:00 p.m. or before 8:00 a.m., or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes. d. Employees other than those residing on the premises. (5) Horses and ponies and structures for the shelter of horses aad ponies, except commercial stables, shall be permitted in the RR -1 zone but not in the RS -5, RS -8 and RMH zones. The minimus lot area provided shall be two (2) acres for the first horse or pony plus one (1) acre for each additional horse or pony. (6) Off-street parking for a use permitted in the zone in which the off-street parking is located, as regulated by Sec. 36-58. (7) Private garages. (8) Private greenhouses or conservatories. (9) Private recreational uses and facilities including but not limited to swimming pools and tennis courts. (30) Signs as regulated by Sec. 36-60. (11) Storage building for the storage of wood, lumber, gardening equipment and other materials and equipment exclusively for the use of the residents of the premises but not including a storage building for commercial purposes sod provided that only one such building shall be permitted on a lot. (12) Structures for the shelter of household pets except kennels. (c) In the Rh -12 AS -12 RNC -20 Rh -20 r-44 and RM -145 Zones. In addition to the accessory uses included in subsection to), storage 00 buildings and off-street loading shall be permitted. (d) In the C zones. (1) For residential uses, the accessory uses included in subsection (c) shall be permitted. (2) For commercial uses there may be any accessory use provided that: a. Except in the CI -1 Zone, the floor area for storage and warehousing shall not exceed 40 percent of the total floor area, b. Fences are erected according to Sec. 36-65. C. Off-street parking and loading are provided according to Sec. 36-58 and Sec. 36-59. d. Signs are erected according to Sec. 36-60. e. A communication tower's distance from, an R zone shall be at least equal to the height of the tower. (e) In the ORP and I zones. There may be any accessory use including but not limited to printing, publishing, design, development, fabrication, assemblage, storage and warehousing, and child care facilities provided that: (1) Fences are erected according to Sec. 36-65. (2) Off-street parking and loading are provided according to Sec. 36-58 and Sec. 36-59. (3) Signs are erected according to Sec. 36-60. (4) A communication tower's distance from an R zone is at least equal to the height of the tower. Sec. 36-57. Accessory use and building regulations. (a) Detached accessory uses and buildings. In all zones, except as otherwise provided, detached accessory uses and buildings shall be subject to the following requirements: (1) Time of construction. No accessory building shall be con- structed prior to the start of construction of the principal building. (2) Setback from property lines. Except as otherwise provided, an accessory building shall be separated from lot lines in compliance with the following requirements: a. Accessory buildings, except for roadside stands, shall not be located in a front yard and garages and carports shall be located to provide a minimum 20 foot length "aisle" between the building and the street right-of-way line. b. In R zones an accessory building shall not be located closer than five (5) feet to a side lot line or a rear lot lines however, an accessory building may be located to within three (3) feet of a side or rear lot line if it is located at least 60 feet from the street. In an ORP Zone, an accessory building shall not be located in a side or rear yard. An accessory building for a zero lot line dwelling shall comply with the above requirements and shall not be located in the required 10 foot aide yard. C. Setback from alley. When a garage or carport is entered directly from an alley, it shall not be located closer than 10 feet from the alley right-of-way line. Gni rl . 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Imped (I) Sae 'Sop?PP. at !pw gsew gaea too; Lapmel Pnwad0 v?w 's too; Llpedw mmxs aql oasTI (£) awgl to (lavvnl too Leq) maw qs.w qow 201 L.Pmel altgomolne 6 f O1 ap 7o Lltaedw snmtxem aql(sagsew Sea) a / sash (S) any of aagmo atapmel vt Tsabo meds 8gg311S panlm.ad aa4 M altgoaolny (e ' sasn lepaa�00 (Z) 6,� � 99 Friday, December 30, i9e3—Iowa City Prem—citizen-138 OFFICIAL PUBLICATION for rental supplies and equipment. q. Restaurants and Where permitted One (1) parking space for establishments each 150 sq. ft. of floor dispensing food area, or parking spaces or beverage for equal in number to consumption on the one-third (1/3) the premise.. occupant load of the seating area, whichever is less. lt. Restaurants - Where permitted One (1) parking space for carve -oma each 50 eq. of floor carry out.. area, but at less than 5 spaces. I. Retail stores and Where permitted One (1) parking space for shops (other than each 200 sq. ft. of retail listed). floor area. t. Studios and stations- Where permitted One (1) parking space for each radio and televiov. 400 sq. ft. of floor area. (3) Industrial uses. a. Contractor sad Where permitted The sum total of parking construction estab-spac lishmevts and yards. es shall be determined on the basis of the parking spaces required for uses individually such a. office area and warehouse space. b. Junk yards Where permitted The sum total of parking spaces shall be determined oa the basis of the park- ing spaces required for uses individually such as office area sad garage space. 'Laboratories - Where permitted One (1) space for each 600 research, develop- sq. ft. of floor area. ment and testing. - d. Manufacturing or Where permitted One (1) parking space for _ establishments engaged each 600 sq. ft. of floor in production, processing, area. Packing and crating, cleaning, servicing, or repair of materials, goods, or products. .. e. Motor and railroad Where permitted One (1) parking space for freight terminals - each 800 sq. ft. of floor - cartage, express and area. parcel delivery. I . Printing and pub- Where permitted One (1) parking space for lishing establish- each 300 sq. ft, of floor .ruts. area. S. Warehouses. Where permitted According to the following table: Square feet Number of of gross floor area parking spaces up to 25,000 One (1) for each, 1000 square feet to a maximum of five (5) 25,000 plus Five (5) plus one (1) additional for each 5,000 square feet shove 25,000 square feet (4) Institutional uses. A. Civic, cultural Where permitted One (I) parking space for and historical except CB -2 each 800 sq. ft. of floor inatitutions. area used or intended to be used by the public. Y games - children's, Where permitted For group care facilities aged, convalescent, and children's homes, rest and nursing one (1) parking space fon homes and group each staff member determined care facilities. by the maximum number of staff present at any one time and one (1) parking space for every two (2) occupants. For other uses, one (1) parking apace for each three (3) beds. Hospitals, including Where permitted One and three quarters r- sanitariums and '0 3/4) parking spaces asylums. for each hospital bed. d. Schools - generalized private instruction, elementary and junior high and specialized Private instruction. e. Schools - generalized private instruction, senior high. f. Schools - daycare center/preschool (5) Placer of assembly, worship, recreation, entertainment and amusement. a. Bowling alleys. b. Clubs and lodges G Establishmeats or enterprises of a recreational' or am entertainment nature (for uses not otherwise listed): 1. Spectator type - auditoriums, sports arenas, theaters, stadiums, _ and meeting hall.. 2. Participating type - skating risks, dance halls, tennis courts, swimming pools, archery ranges, gymasiums, Pool halls. d. Golf course. -e. Golf driving range. f. Libraries, museums and art galleries. g. Religious institu- tions. Where permitted Two (2) parking spaces for each classroom. Where permitted 10 parking spaces '. for each classroom. Where permitted Where permitted Where permitted Where permitted Where permitted Where permitted Where permitted Where permitted Where permitted One (1) parking space, which may be located on a regularly constructed aisle, for each six (6) children. Four (4) parking spaces for each alley. Parking spaces equal in ember to one-third (1/3) of the occupant load of the lodge or meeting room or the largest room in the building, whichever is greater. Parking spaces equal in amber to one-fourth (1/4) the occupant load of the seating area. Parking spaces, equal in amber to two-thirds (2/3) the occupant load of the area used for the participatory sport or activity. Three (3) parking spaces for each green (hole). One '(1) parking space for each tee, if pro- vided, or one (1) parking space for each 20 feet of range width (along the tees). One (1) parking apace for each 300 sq. ft. of floor area. Parking spaces equal in number to one-sixth (1/6) the occupant load in min - auditorium or the largest room in the building, whichever is greater. (6) Other uses. For uses not listed, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the Building Official. (b} Ge me rules applicable co off-street parking. The following rules shall govern in the design, location and amber of off-street parking and stacking spaces, aisles and drives. (1) Where a fractional space results, the amber of parking and stacking spaces required is the closest whole amber. (2) Whenever a use existing prior to the effective date of this Chapter is enlarged to the extent of less than 50 percent in floor area, the addition or enlargement shall comply with the parking requirements set forth herein. (3) Whenever a building existing prior to the effective date Of. this Chapter is structurally altered by one or more additions,' the sen total of which increases the floor area to the extent - of 50 percent or more, the uses contained within the origihal building and all enlargements shall thereafter comply with the parking requirements set forth herein. (4) Whenever a use existing prior to the effective date of this Chapter is converted to another use, the use shall thereafter. continued on page 14 G f3 -3/(,a 6399 14B•Iowa city Prese-OtIzen—Friday, December 30, 1983 OFFICIAL PUBLICATION continued from page 13 comply with the parking requirements set forth herein. However, a use, for which there presently is not provided the required amber of parking or stacking spaces, my be converted to another use without full compliance with the required number of parking or stacking spaces, provided that: a. If a greater amber of parking or stacking spaces is required for the converted use than for the present use, the increased number of parking or stacking spacesshall be provided in addition to the amber of parking spaces that presently exist; and / . b. In addition to the spaces required under subparagraph a, or if subparagraph a is not applicable, as many additional parking or stacking spaces shall be provided as the physical limitations of the lot, building or other provisions of this Chapter will allow. (5) In the case of mixed uses, the parking and stacking spaces required shall equal the sum of the requirements of the various uses computed separately. (6) The storage of merchandise - containers, obsolete or junk vehicles is prohibited in stacking spaces. materials, equipment, refuse vehicles, or the major repair of required off-street parking and (c) Construction, design and location requirements. (1) Construction. All parking and stacking spaces, drivel and aisles shall be constructed of asphalt, concrete or similar permanent dust free surface. (2) Design. Parking and stacking spaces, aisles and drives shall be designed as follows: Parking areas shall have the minimum dimensions illustrated in Figure I for each of the parking configurations permitted (where the edges of parking spaces are curved, -as on a curved aisle, all angles shall -+Coss I VAEKING 64081 j,,UF_ATIofJ5 AN9 91MIEN510N5 S�A�DG2D �I.IIGLE � �l7r�✓AGT VEµIGL.E!. PArA11Fi ;.-- <, -;- r' --= L' � as+n 19 +}._+q'. �-p•�' wam I I I ' tP_..�le le�. le_� I, 5, JCG I• .Ili I u� 1 ow I AI;xE d . AISLE- w I M OOP 9e 'll I AYSLL 16' I Ci1Ce 19 4I -•- 4 - • '4.i a— "' rs 7 • �. 1 11 A*UL ' e cJeD I 4 t. � IS• A15LL hh 4OV. -3i6 e be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersection). b. Up to one-third (1/3) of the required numberof parking spaces may be eight (8) feet in width by 15 feet in length if the parking spaces are signed "Compact Vehicles Only. C. All parking spaces shalt be connected to an aisle which shall have a minimum width as indicated in Figure 1. Aisles designed for two-way traffic shall have a minimum width of 22 feet. d. The greatest aisle width shown in Figure 1 shall be provided when combining different, parking space config- urations on the same aisle. e. Except for single family dwellings, duplexes and townhouse units, parking spaces shall be designed to permit ingress and egress of the vehicle without moving any other vehicle occupying a parking space. For single-family dwellings, duplexes and townhouse units, when located pursuant to the requirements of this Chapter, one space may be behind another. L No parking area shall be designed in such a manner that exiting a parking area .would require backing into a street. g. No parking area with more than eight (8)- parking spaces shall be designed in such a manner that exiting the parking area would require backing into an alley. h. Parking spaces along lot lines and alleys shall be pro- vided with car stops or curbing so nopart of a parked vehicle can extend beyond the lot line or into the alley. i. All parking spaces, stacking spaces, drives and aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water from such areas onto' streets and alleys which 'do not have adequate drainage facilities as determined by the City Engineer. j. In all parking areas required by this Chapter, parking spaces shall bevisably delineated no the surface by painted or marked stripes. k. If two or more parking areas on a lot are connected by a drive, the parking areas shall be designed such that an aisle connected to more than 12 parking spaces is not used as a drive in providing access to another parking area. (3) Location. Parking spaces, aisles and drives shall be located as follows. - a. General. 1. Off-street parking and stacking spaces, aisles and drives shall be located on the same lot as the use served except as provided in subsection (d). 2. In all R zones, except for zero lot line dwellings, and in all other zones abutting an R zone, drives and aisles shall not be located closer than three (3) feet to a lot line or an R zone boundary unless pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines for the Purpose of atom water runoff. 3. Parking areas in a C or I zone shall not be located F- closer than five (5) feet to an R zone. 4. No parking space shall be located closer than five (5) feet to a ground floor doorway or a window of a principal building. 64 g3 -3/6 fr GS � 99 3/Ga OFFICIAL PUBLICATION b. Front yard. 1. Except as provided below, in R zones and in the C and I zooes within 50 feet of an R zone, no parking shall be permitted in the front yard. 2. For detached single family dwellings in the R zones, one (1) of the required parking spacesmay, be provided in the front yard on a regularly constructed aisle .._ provided, that act less than 50 percent of the front yard area shall remain in open space free of impervious .surface. 3. For zero lot line dwellings, duplexes, and family care facilities, two (2) of the required parking spaces may be provided in the front yard on a regularly constructed aisle provided that not less than 50 percent of the front yard area shall remain in open space free of impervious surface. 4. In the ORP Zone, only 10 percent of the required number of parking spaces, nay be located in the front yard not closer than 50 feet to a street. 5. Where the paved surface of a street is narrower in width than 28 feet, .four (4) of the parking spaces required by Chapter 32 (Subdivision Regulations) nay be- located in the front yard on a regularly con- structed aisle. C. Side yard. .Except for single and two-family dwellings or where two lots share the same parking and stacking spaces, drives and aisles pursuant to subsection (d), no parking spaces, aislesor drives shall be permitted in that portion of the required side yard which is contiguous to the principal building on a lot. .. -- d. Rear yard. Parking and stackingspaces, drives and aisles may be provided in the rear yard. (d) Off-street parkiog located on a separate lot. Where two or more uses share the same off-street parking and stacking spaces, aisles and drives, an increase in the number of spaces is required by a conversion or an enlargement of a use, or when uses are located in a CB -2 zone, off-street parking and stacking spaces, aisles and drives may be located on a -separate lot from the use served provided a special exception is granted by the Board of Adjustment and that the following conditions are met: (1) Special location plan. A special location plan shall be filed with the Board by the owners of the entire land area to be included within the special location plan and contain such information deemed necessary to comply with the requirements herein. Evidence of ownership shall be provided. (2) Off-street parking location a. In R and C zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than 300 feet. b. In I and ORP zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve, shall not be greater than 600 feet. (3) Where off-street parking is used jointly by two (2) or more _. uses the umber of parking,spaces shall be equal to the aim total of off-street parking space requirements of all such uses. (4) Up to 50 percent of the parking spaces required for commercial recreational uses, clubs, schools or restaurants and up to 100 percent for a religious institution may be shared by financial institutions, offices, retail establishments, repair shop*, personal service establishments and similar uses not normally open, used or operated during the same hours. (5) A written agreement properly executed by the owners within the area of the special location plan assuring the retention of the parking and stacking spaces, 'aisles and drives and binding upon their auccessorp and assigns shall be submitted with the __ special _location ,lamas a convenant running with the land. (6) In instances where a use is within 600 feet of a. City -owed parking area, up to 50 percent of the required number of parking spaces may be provided in the parking fact lity. In the instance where an applicant wishes to provide off-street parking. in a City -owned parking facility,. the Board shall substantiate that, with the addition of the amber of cars for a use accommodated in the facility, the capacity of the parking facility will not be exceeded. _(7) In assessing an application for a special exception, the Board shall consider the desirability of the location of off-street Parkin and stacking spaces, aisles and drives, on a lot - separate from the use served in terms of pedestrian and vehicular traffic safety and any detrimental effects such off- street parking sad stacking spaces, aisles and drives may have on adjacent property. (e) Screening requirements. In addition to the applicable requirements for screening if .Sec. 36-7b(j), the following screening requirements in connection with parking areas shall be met: (1) Where a parking area is provided on lot within 50 feet of an abutting lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within 50 feet of the abutting lot spall be screened from view within the abutting lot or at such time as provided in Sec. 36-76(j). (2) Where a parking area is provided on a lot within 100 feet across the street from a lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within 100 feet shall- be screened from view within the lot or at such time as provided in Sec. 36-76(j). (3) The 'materials for screening and the placement shall comply with the regulations. of Sec. 36-76(j). (f) Off-seet parking in the CB -10 Zone. Except as otherwise provided, off-Streetr t parking in Che CB -30 zone shall be permitted only after approval of a special exception by the Board of Adjustment. The Board shall consider the impact of the proposed parking upon surrounding uses in relation to the following requirements: (1) Screening. In addition to the applicable requirements for screening of subsection (e) herein, where a parking area abuts a street it shall be separated therefrom by a solid fence, wall, or evergreen hedge having a height of not less than three (3) feet nor more than five (5) feet. (2) Access. Each entrance and exit to the parking area shall be constructed so that vehicles entering or leaving the parking area shall be clearly visible to a pedestrianonany sidewalks at a distance of not less than 10 feet. (3) Signs. Appropriate signs, including stop signs posted at the exits to streets, shall be provided. (g) Special vehicle parking and storage. In an R zone certain vehicles ist because of -special characterics shall comply: with the following requirements: (1) Vehicles more than seven (7) feet in height shall not be parked in the front yard or side yard, except upon a regularly constructed aisle for the purposes of loading and unloading. (2) Commercial vehicles designed for the shipment of detonable materials or flammable solids, liquids or gases shall not be parked on any lot in an R zone except for the purpose of making local deliveries. (h) Parking for handicapped persons. Where a use is required to pro- vide accessibility for handicapped persons, at least two (2) percent of the parking spaces shall be set aside and identified with signs for use by handicapped persons. The spaces shall be a minimum of 12 feet 6 inches wide and located with the most convenient access to the building. A smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (f) flodi£ication of karkfn re uirements. Where it can be demonstrated that a specific use has such'e aracteristics that the amber of parking or stacking spaces required is too restrictive, the Board of Adjustment may grant a special exception to allow up to not more than a 50 percent reduction, and more for buildings placed on the National Register of Historic Places, in the required number of parking or stacking spaces. Sec. 36-59. Off-street loading requirements. Except. in the CB -10 Zone, off-street loading spaces shall be pro- vided and maintained in compliance with the following requirements: (a) Req d amber of off-street loading spaces. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establish- ment, industrial or research laboratory, or similar use which requires the receipt or distribution of materials or merchandise by trucks or vans and 4ich has a floor area of 10,000 square feet or more, there shall be provided the minimum number of loading spaces as follows: oe' . 40- 3/� G OFFICIAL PUBLICATION Square Feet of Aggregate. Minimum Required Number - - Grass Floor Area of Spaces - 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80,000 3 80,000 to 120,000 4 120,000 to 160,000 5 For each additional 80,000 1 additional (b) General rules applicable to off-street loading. Except as other- wise provided-to'--this-Chapter, the same.: rules applicable tooff-street parking, Sec. 36-58(b), shall apply to off-street loading. (C) Design requirements. - - (1) All loading spaces shall be constructed of asphalt, concrete or similar permanent dust free surface. - (2) Loading spaces shall be a minimum of 10 feet in width, 25 feet in length, and 12 feet in height, exclusive of aisles. When more than two (2) spaces are required, the spaces other than the first two (2) shall be not less than 12 feet in width, 72 feet in length, and 14 feet in height. (3) All loading spaces shall be pitched and drained to prevent the flow of water from such areas onto sEreets and alleys which do not have adequate drainage facilities. (d) Loading space location. (1) Except in the CB -2 zone, loading spaces shall be located so that trucks or vans to be loaded or unloaded do not back onto or out of a street. (2) In R and ORP zones and in the C and I zones within 50 feet of an R or ORP zone, no loading space shall be located in the front yard. (3) Loading spaces may be provided within a side or rear yard but shall not be located closer than five (5) feet to a lot line. Sec. 36-60. Sign regulations Sec. 36-61. Definitions. The following definitions shall be applicable to the provisions of the sign regulations: (a) Advertising sign. A sign that is not an identification or direc- tional sign. (b) Animated sign. Any sign or part of a sign that moves or appears tol move. (c) Awning sign. A sign placed on the surface of an awning. The area of an awning sign 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. (d) Billboard siren. An off -premises advertising sign directed to the traveling public which has paper posters applied to it. (e) Building frontage. The horizontal length of the front wall of a building. (f) Building or wall sign. A sign other than a roof sign which is supported by a building or wall. (g) Changeable copy sign. A sign characterized by changeable or moveable copy. (h) Changing sign. A sign in which the sign face or any part thereon changes or appears to change with definite action or motion, flashing and/or changes. Such signs shall not include wind actuated elements. (i) Directional Sign. An on -premises sign designed to guide or direct .pedestrian or vehicular traffic. (J) Directory sign. A sign containing the name of a building complex, or center and two (2) or more identification signs of the same size, color, and general design, limited to one (1) identification sign per occupant. (k) Exposed light source. The use of exposed lamps, inert gas tubes or any combination thereof, provided that an exposed lamp does not exceed 11 watts or that an inert gas tube does not draw more than 60 milliamps. .When inside frosted lamps or exposed lamps with a diffusing screen are used, no lamp shall exceed 25 watts. (1) E=ternal lighting. Illumination by artificial light, the source of which is not visible from any street right-of-way, reflecting from the sign face. - (a) Facia sign. A single -faced sign which is within the perimeter and Parallel to or at an angle of not more than 45 degrees from the wall of the building on which it is mounted. Such signs do not extend more than one (1) foot out or more than one (1) foot out at the sign's closest point from nonvertical walls. (n) Free standing sign. A permanent sign which is supported by one or more up-rigbts or braces in or upon the ground and not attached to any building or wall. (o) Front wall. The wall of a building upon which a sign is mounted which defines the exterior boundaries of the side of the building on which the sign is mounted and which has a slope of 45 degrees or greater with the horizontal plane. Where a building contains two (2) or more uses, the front wall of a building as used herein shall mean the portion of the wall of the building that constitutes the exterior wall of each use (p) Identification sign. An on -premises sign that displays no more than the name, numerical address, crest, insignia or trademark, occupation or profession of an occupant of the premises or the same of any building on the premises. (q) 141uminated gigs. Any sign in which a source of light is used to make the message readable. (r) Institutional bulletin board. An on -premises sign containing surface upon which is displayed the name of a religious institution, school, library,. Community center or similar institution and the announcement of its service or activities. (s) Internal li htiin Illumination by an artificial light, the scarce of whit ish not visible but reaches the eye through a diffusive mediae. (t) Mar use sign.A sign attached to and contained within the perimeter o. the face or valence of a marquee or any other similar projection from a building. (u) Monument sign. A sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another. (v) Non -conforming sign. A sign which would be allowed in the proper zone but which is prohibited in the specific zone in which it exists. The elimination of said signs are prescribed for in Sec. 36-62(c). (w) Off -premise sign. A sign that is not an oa-premises sign. (x) On -premises sign. A sign the primary purpose of which is to identify or direct attention to a profession, business, service, actiq- ity, product, campaign or attraction manufactured, sold or offered on the premises where the sign is located. (y) Prohibited sign. A sign prohibited in all zones regardless of the of sign or its size. The removal of said signs are prescribed for in Sec. 36-62(c). (z) Projecting sign. A building or wall sign, other Chan a facia sign, supported only by the wall on which it is mounted. (aa) Reflecterized li Ming. The intensification of illumination by reflect, rize lamps or by external reflectors. (bb) Revolving sins. A sign which revolves or turns (cc) Roof sign. A sign erected upon or above and affixed to a roof or parapet. (dd) Sign. Any .structure visible from the public right-of-way including, but not limited to, a device or display, other than buildings or landscaping, used primarily for visual communication for the purpose of, or having the result of, bringing the subject thereof to the attention of a person, group of persons, or the public generally. The term sign includes, but is not limited to, any and all reading matter, letters, numel-als, pictorial representations, emblems,. trademarks, inscriptions, and patterns, whether affixed to a building, painted or otherwise depicted on a building, or separate from any building. (ee) Sign area. That area of a sign determined by using actual dimensions where applicable, or approximate dimension. when irregularity of sign shape warrants. Such area shall include the extreme pciata ox edges of the sign, excluding the supporting structure which does not form part of the sign or of the display. The area of the sign composed of characters or words attached directly to a building wall surface continued on page 15 B4 -063-j3/6if 9 f 99 1"U"e, 1-5 - -3/� a 7 0 � 9y OFFICIAL PUBLICATION continued from page 14 shall be the smallest trapezoid or hexagon which encloses the whole group of characters and/or words. (ff) Under -canopy sign. A sign attached to the underside of a canopy, marquee, or building projection or of any similar projection from a building protruding over a public or private sidewalk or right-of-way. Sec. 36-62. .General sign regulations. (a) Signs permitted in all zones. The following signs shall be permitted in all zones: (1) Real estate signs. Temporary signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed. One (1) such nonilluminated sign not to exceed six (6) square feet shall be permitted on each premise. Such signs shall not extend higher than four (4) feet above grade nor closer than five (5) feet to any lot line unless located on the wall of a building. Such signs shall he removed within 48 hours after the execution of an offer to buy or of a contract of sale. (2) Construction signs. Signs which identify the architects, engineers, contractors and other individuals involved in the construction of a building or signs which announce the character of the building . enterprise or the purpose for which the building is intended. Such signs do not include product advertising. In R zones, one such nouilluminated sign not to exceed six (6) square feet shall be permitted on each premise. Such sign shall not extend higher than four (4) feet above grade or closer than five (5) feat to any lot line unless located on the wall of a building. Such a sign shall be removed within 48 hours after the completion of construction or the execution of an offer to boy or of a contract of sale. In all other zones, one such nouilluminated sign, not to exceed 50 square feet, shall be permitted along each street on which a lot has frontage. Such a sign shall act extend higher than 10 feet above grade or be closer than 10 feet to any lot line unless located on the wall of a building or on a protective barricade surrounding the construction. Such signs shall be removed within one (1) week following completion of construction or the execution of an offer to buy or of a contract of sale. (3) Political campaign signs. Temporary signs announcing candidates seeking public political office or pertinent political issues or containing other election information, such as "Vote Today." Political signs are permitted in all zones subject to the following requirements: a. In R zones, one (1) nonilluminated political sign not to exceed six (6) square feet in area for each candidate or pertinent political issue may be displayed on each premises. Such signs shall not be erected earlier than 30 days prior to the date balloting takes place for the candidate or issue indicated on the sign and all such signs shall be removed no later than two (2) days after the balloting date. In other zones, political signs shall conform to the applicable regulations for advertising signs. Such signs shall not be erected earlier than 45 days prior to the date balloting takes place for the candidate or issue indicated on the sign and all such signs shall be removed no later than seven (7) days after the balloting date. A political sign in the window of a building in C and I zones shall not exceed six (6) square feet and shall include no more than one (1) sign for each candidate or pertinent political issue. (4) Seasonal decorations. Signs which pertain to recognized national, state and local holidays and observances. Such signs shall not be erected earlier than six (6) weeks prior to the holiday or observance and all such signs shall be removed no later than three (3) weeks after the holiday or observance. (5) Public signs. Signs of a noncommercial nature and in the public interest and erected by or upon the order of a public officer in the performance of his/her public duty. Such signs include safety signs, zoning signs, memorial plaques, signs of historical interest and all other similar signs, and signs designating hospitals, libraries, schools, airports and other institutions or places of public interest or concern. (6) Integral signs. Signs which contain such information as names of buildings, dates of erection, monumental citations, commem- orative tablets and other similar information; are carved into stone, concrete or other building material or made of bronze, aluminum or other permanent type of construction; and are made an integral part of the structure to which they are attached. I I (7) Private traffic directional signs. Signs directing traffic movement into or within a premises shall not exceed four (4) square feet in area per sign. Illumination of such signs shall be permitted in accordance with the regulations for the zone in which the premises is located. Horizontal directional signs painted on or installed flush with paved streets shall not be subject to regulation. The use of said signs shall not be permitted except where needed for the safe and efficient movement of traffic. (8) Vehicle sigma. Signs accessory to the use of any kind of vehicle, provided the sign is painted on or attached directly to the body of the vehicle. (9) Insignias and flags. Insignias, flags and emblems of the United States, the State of Iowa, and municipal and other bodies of established government or flags which display the recognizA symbol of a non-profit and/or noncommercial organization. (10) Institutional bulletin board. One (1) institutional bulletin board, externally or internally illuminated and not to exceed 24 square feet in area on each side, shall be permitted for each institution. No such sign shall extendhigher than six (6) feet above ground level. (I1) Facia sign. Except as otherwise provided herein, buildings located on corner lots shall be permitted an additional facia sign, the area of which shall not exceed 65 percent of that permitted for a facia sign located on the front wall of the building. In no case shall the additional sign exceed 20' percent of the area of the wall upon which it is attached. - Theadditional facia sign shall not be located on the frost wall of the building. - -(b) Signs prohibited in all zones. The following signs shall bei prohibited in all zones: (1) Obsolete signs. Signs that advertise an activity, business, product or service no longer conducted on the premises on which the sign is located. (2) Banners, balloons, posters, etc. Banners, balloons, posters, pennants, ribbons, streamers, spinners or other similar moving devices including street banners. (3) Swinging. signs. Signs which swing or noticeably move from wind pressure because of the manner of their suspension or attachment. i (4) Portable signs. Signs that are not permanently anchored er secured to either a building or the ground. (5) Off -premises signs on public property. Off -premises signs located on public property. (6) Painted wall signs. On -premises or off -premises signs painted on building walls. (7) Hazard. Any sign which constitutes a traffic or safety. hazard. (8) Building or wall signs. Signs, other than facia signs, which encroach on or over a street right-of-way or which extend above the roof line. - (9) Roof signs. Signs attached to a roof. (10) Animated signs. ' Animated signs, except for one (1) barber pole per barber shop which does not exceed three (3) feet in height, nine (9) inches in diameter, and does not project into the public right-of-way more than one (1).foot. (Il) Projecting signs. Projecting signs into the public right-of-way except the following: a. Time and temperature signs in C or I zones which contain no advertising and do not exceed 25 square feet in area. b. Signs of governmental units. .(#i Elimination of prohibited signs and ❑ gtonforming s"Rns. I[ is the "Ygteot of this Chapter that all prohibited signs and nonconforming signs eliminated within the period set herein. (1) Prohibited signs. All prohibited signs set forth above shall be removed within a period of not more than one (1) year from the effective date of this Chapter, except that portable ASL . f3 -3/G s 7/ f 99 SI'V-13 -3/�e 7,-9, % 99 OFFICIAL PUBLICATION signs, banners, obsolete signs, hazard and window signs shall be removed immediately. (2) Amortization of nonconforming signs. All nonconforming signs shall be removed within a period of not more than eight (8) years from the effective date of this Chapter. (d) Off -premises signs regulations. Off -premises signs shall meet the following requirements: (q) Such signs may consist of not more than two (2) parallel faces. (2) The back of such signs shall be effectively shielded from public view by a building wall, another sign face or by painting the exposed back a neutral color. (3) All structural members shall be painted neutral colors. (4) Only wall -mounted signs shall be permitted in the CC -2 Zone. Either free-standing or wall -mounted signs shall be permitted in the CN -1, CI -1, I-1 and 1-2 zones. (5) Such signs shall not be erected or maintained in excess of one (1) sign per lot frontage and shall not be closer than 300 feet apart. (6) Such signs shall not be located within 300 feet of the lot line of any lot in a RS -5, RMN or RS -12 zone but such signs may be permitted to within 150 feet of any RM or an RNC -20 zone. (7) Such sign shall not be located within 300 feet of any public square or public park, public or parochial school building, church building or cemetery, public museum, maiu post office or buildings designed and erected for the purpose of housing the principal administrative and/or judicial seats of city, county, state and/or federal government. (8) Such signs shall comply with the sign location requirements of the zone in which they are located. (9) Such signs shall not be located on roofs of buildings. (10) Such sign shall not exceed a height of 25 feet above center street grade closest to the sign. (11) Such signs shall not exceed 72 square feet per sign face. (e) Large scale regulations variance. (1) General requirements. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that the owner or lessor of the premises petition for said signage. Said design or theme may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. The owners or tenants of any Large Scale Residential or Non -Residential development may petition for special sign allowances. The sign design may deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (f) Material and construction requirements. (1) Material. All signs, except those enumerated in Sec. 36-62(a), shall have a surface or facing of incombustible material. Structural trim may be of a combustible material. (2) Construction. All signs, except those enumerated in Sec. 36-62(a), shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required by the Building Code or other ordinances of the City. (g) Obstruction of egress. No sign shall be erected, relocated, or maintained as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be attached to a stand pipe or fire escape. (h) Traffic hazard. No sign shall be erected where, by reason of position, shape, or color, it may interfere with or obstruct the view of any authorized traffic sign, signal, or device or which makes use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. (1) License amd permits r2quire (1) Licemse required. a. It shall be unlawful for any person to erect, alter, repair, move, improve, remove, paint or convert any sign except those enumerated in Sec. 36-62(a), nonilluminated window signs in C and I zones, and signs for home occupa- tions 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 know as a sign erector's license and shall be issued by the City Manager or his/her designee to the person desiring to perform the work indicated above. No such license shall he issued to any person until such person 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 Mousing and Inspection Services a copy or a certificate of a contractor's public liability insurance policy with coverage limits of $100,006.00 per person, $300,000.00 per occurrence for bodily injury, and $10,000.00 far property damage liability. The City shall be designated as an additional insured and be notified 30 days in advance of the termination of the policy by the insured or insurer. The policy shall indemnify and save ha reless the City from any and all damage, judgment, cost or expense which the City may incur or suffer by reason of said license issuance. C. Every sign erector's license shall expire on the date established by resolution of the City Council unless revoked. The renewal fees shall be set by resolution of the City Ccouncil. 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 regulations if the license bolder shows incompetency or lack of knowledge, or if the license was obtained by fraud. A person aggrieved by the revocation, Suspension or denial of a license may appeal the action directly to the Board of Adjustment. e. If a license is revoked for any reason; another license shall not be issued for 12 months after revocation. (2) Permit required. No person, fl rm or corporation shall erect,alter, repair, move, improve, remove, paint or convert say mfgm except those enumerated in Sec. 36-62(a), nonillemisatad window signs in C and I zones, and signs for borne occupations without first obtaining an erection permit from the Building Official and making payment of the required permit fee. All illuminated signs shall also be subject to the provisions of the electrical code'and the pa mit fees required thereby. b. A separate permit shall be obtained for each sip. Only a person holding a valid sign erector's license issued by the City may obtain a permit to perform work regulated by this section. No person shall allow say other person to do or cause,to be done any work under a permit secured by a permittee except persons in his/her employ. (3) Permit fees. Every applicant, before being granted a pe mit, shall pay to the Building Official a permit fee for each sign, other than those enumerated in Sec. 36-62(a), nonilluminated window signs fa C and I zones and signs for home occupations. The fee shall be established by resolution of the City Council and be subject to the following: a. The far 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. b. 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, recurved, painted or converted a sign or other advertising structure prior to the issuance of a permit, shall be charged double the normal fee, but the payment of -such double fee shall not relieve any person from fully complying with the requirements of this Chapter in dam -13 - 316 73 14 9 9 Friday. December 80, MS -Iowa MY —1 34 OFFICIAL PUBLICATION the execution of the work nor from any penalties prescribed herein.5. (j) Illuminated sign oerits. The application for a permit for >� erection of a sign in which electrical wiring and connections are to be usedshallbe submitted to the Electrical Inspector. The Electrical Inspector $ball examine the plans and specifications concerning .all wiring and connections to determine if they comply with the Electrical Code and he/she shall approve the permit only if the plana and specifications comply with the Code. This action of the Electrical Inspector shall be taken prior tosubmissionof the application to the Building Official for final approval of the erection permit. (k) A lications. Application for erection permits shall be made upon blanks provide by the Building Official and -shall contain or have attached the following information:. (1) Name, address, telephone number, and sign erector's license number of the applicant. , (2) Location of building, structure, or lot onto which the sign is to be attacked or erected. - (3) Position of the sign in relation --to nearby . buildings or structures. - (4) Two (2) blueprints or ink drawings of the plane and specifica- tions and method of construction and attachment to the building or the ground. (5) Copy of stress sheets and calculations showing the structure is designed for dead load and wind-prseure in any direction in the amount required by these regulations and all other ordinances of the City. (6) Name of the person erecting the structure. (7) Any electrical permit required and issued for the sign. (8) Such other information as the BuildingOfficialshall require to show full compliance with these regulations and all other ordinances of the City. - (1) Permit issued. It shall be the duty of the Building Official, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which a sign is proposed to erect the sign or other advertising structure. If it appears that the proposed structure is in compliance with all the requirements of these regulations and all other ordinances of the City, he/she shall issue the erection permit. 'If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, said permit shall become null and void. Sec. 36-63. Regulations by zone. (a) III, RR -I, RS -5, RS -8, RNR and RS -12 zone regulations. (1) General requirements. 1 a. No sign shall be erected 1n the corner of a lot, defined by a triangle, two -of its sides 20 feet each, congruent with the lot lines and measured .from the comer pin, or within a five (5) foot setback from any lot line. b. No advertising sign shall be permitted, except as allowed -- in Sec. 36-62(d). (2) Permitted signs. a. One (1) on -premises identification facia sign or free-standing sign not to exceed one (1) square foot in area per sign face shall be permitted for each dwelling unit. The sign may consist of not more than two (2) parallel faces and may be non-illunfoated or externally lighted with non -flashing white light. b. One (1) on -premises identification facia sign, free-standing sign, or monument sign not to exceed 24 square feet in area per sign face shall be permitted for each building frontage for nonresidential uses. The sign may consist of not more than two. (2) faces, which are parallel or for- not more than "a .45 degree angle with each other, and may be non -illuminated or externally or internally lighted with non -flashing white light. (3) Special requirements. a. Faciesipsshall not extend above the roof line. b. Free-standing signs shall not extend less than five (5) feet nor more than eight (8) feet above the grade. - (b) RM -12. RM -201 RNC -20, RM -44 and RM -145 zone regulations. (1) General requirements. a. No sign shall be erected in the corner of a lot, defiled by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin, or within a five (5) foot setback from any lot line. b. No advertising sign shall be permitted, except an identi- fication sign as permitted below in paragraph (2) which may include reference to number and types of units, furnishings and other accessories. (2) Permitted signs. a. One (1) on -premises identification facia sign or free- standing sign not to exceed one (1) square foot in area per sign face shall be permitted for each dwelling unit. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or illuminated by an internal non -flashing light source. An identification sign of larger dimensions shall be permitted for the following uses: I. Any multi -family dwelling complex containing five (5) to 15 dwelling units shall be permitted one (1) identification sign of four (4) square feet. 2. Any multi -family dwelling complex containing 16 to 29 dwelling units shall be permitted one (1) identification sign of not to exceed 12 square feet in area per sign face. 3. Any multi -family dwelling complex containing 30 units or more shall be permitted one (1) identifica- tion sign of not to exceed 24 square feet in area per sign face. b. One (1) on -premises identification facia sign, free- standing sign, or monument sign not to exceed four (4) square feet in area per sign face shall be permitted for fraternities/sororities and rooming houses. c. One (1) on -premises identification facia sign, free- standing sign, or monument sign not to exceed four (4) square feet in area per sign face shall be permitted for nonresidential uses including group care facilities, nursing homes, and hospitals with facilities to accom- modate 49 or less persons. Any such uses containing facilities for 50 or more persons shall be permitted one (1) identification sign of not to exceed 16 square feet in area per sign face. d. Subdivisions in excess of two (2) acres may have an identification sign with a maximum area of 24 square feet. (3) Special requirements. a. Facia signs shall not extend above the roof line. b. Free-standing signs shall extend not loss than five (5) feet nor more than 10 feet above the grade. C. Monument signs shall extend not more than five (5) feet above the grade. (c) CO -1 and CN -1 zone regulations. (1) General requirements. a. No sign or sign support shall be erected in the corner of a lot, defined by a triangle, two of its sides 20 feet each, congruent with the lot lines and measured from the corner pin or within a five (5) foot setback from any lot Line. b. If a building has two or more occupants, the occupants may jointly erect and maintain a sign, provided the joint sign is within the zonal regulations. (2) Permitted signs. a. One (1) on -premises identification aod%or -advertising facia sign shall be allowed provided it does not exceed continued on page 16 16B-10ws Ctty Preas•CCltlzen—Friday, December 30, 1BBS OFFICIAL PUBLICATION continued from page 15 10 percent of the area of the front wall of the building.- If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum .size signage permitted shall be determined by using 10 percent of the area ofthe face (or front wall) of the building that is occupied by the business. The sign may; be uon-illuminated or internally or externally .lighted with a non -flashing light source, b. One (1) on -premises identification monument sign not to exceed one-half (ti) square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face shall be permitted. The sign may consist - of not more than two (2) faces, which are parallel or, form not more than a 45 degree angle with each other, and shall be non -illuminated. The back side of the monument sign shall be enclosed. c. No more than one (1) of the following signs (1 or 2) shall be permitted. I. One (1) on -premises identification undercanopy sign not to exceed four (4) square feet in area per sign face per building frontage shall be permitted. The sign may consist of not more than two (2) parallel faces and may be non -illuminated by an internal non -flashing light source. 2. One (I) on -premises identification facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign may be non -illuminated or illuminated' by an internal or external non -flashing light source. d. Window signs shall be allowed.provided they do not exceed four (4). squarefeet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number, and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. e. Identification awningsigns not to exceed 25 percent of the surface of the awning shall be permitted. (d) CH -1 zone regulations. (1) General requirements a. No sign or sign support shall be erected in the corner of a lot defined by a. triangle, .two of its sides 20 feet each, congruent with the lot lines and measuTed from a corner pin. No portion of the sign or sign support shall project into this triangle at an elevation of less than 10 feet. b. If a building has two (2) or more occupants, the occupants may jointly erect and maintain a sign provided the joint sign is within zonal regulations. C. No sign shall be erected within 50 feet of R zones which abut CH -1 zones. In all instances as described above, signage shall be bound by all regulations and requirements for signage in the CN -1 zones. (2) permitted signs. a. No more than one (I) of the followtng signs (1, 2 or 3) shall be permitted: 1. One (1) on -premises identification and/or advertising monument sign not to exceed one-half (ir) square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face .shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle witheach other, and may be non -illuminated or externally or internally lighted with a non -flashing light source. 2. In all CH -1 zones,which abut Federal Interstate Highways or Federally Designated Freeways, all signs erected shall comply Gith applicable State and Federal regulations and such regulations shall set the standards for signs erected witbin 660 feet of the right-of-way of the Federal Interstate Highways or Federally Designated Freeways in addition to the requirements in this zone. Where a.conflict exists, the State and Federal Regulations shall prevail. This exception is expressly limited to CH -1 zones abutting Highways or Freeways and does not apply to ,c the Staterima p ry system unless it is a Federal Interstate or Freeway. 3. One (1) on -premises identification :ad/or advertising projecting sign not to exceed 75 sgas re feet per sign face shall be permitted. Said sign MY consist of not more than two (2) parallel faces and may be non -illuminated or illuminated by an internal non -flashing light source. 4. One (1) on -premises identification and/or advertising free-standing sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant, and not to exceed 125 square feet per sign face shall be permitted. The sign my consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or illuminated by an external, internal, or exposed non-flasbing light source. b. One (1) on -premises identification and/or advertising sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one story, the maximum size signage permitted shall be determined by using 10 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign shall not exceed 75 square feet per sign face. The sign 'my be non -illuminated or internally or externally lighted with a non -flashing light source. C. A free-standing billboard sign subject to the require- ments of Sec. 36-62(d) of this Chapter shall be permitted d. No more than one (1) of the following signs (I or 2) shall be permitted. 1. One (1) on -premises identification under canopy sigma not to exceed six (6) square feet per sign fate shall be permitted per building frontage. The eiV MY consist of not more than two (2) parallel faces and my be non -illuminated or internally lighted, with non -flashing light source. 2. One (1) on -premises identification facia sign not to exceed six (6) square feet in area shall be permitted per building frontage. The sign my be non -illuminated or illuminated by an internal, external, or exposed non -flashing light savers. e. window signs shall be allowed provided that they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, -. whichever is -less. These signs my advertise the oame, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs my also include information relative to the acceptance of credit cards or bank cards. f. Identification awing signs not to exceed 25 percent of the surface of the awing shall be permitted. (3) Special requiremeats. a. Fact& signs shall not extend above the roof line. b. Monument signs shall extend not more than five (5) feet above the grade. c. Free-standtng signs shall not exceed 35 feetinheight nor less than 10 feet above grade. No dimension of the sign shall exceed 10 feet nor shall any part of the sign project nearer than five (5) feet from any lot line. d. Projecting signs shall not project more than eight (8) feet from the building and shall not be less than 10 feet above grade over pedestrian -ways or 14 feet above grade over vehicular -ways and parking areas. No dimension of the sign shall exceed 15 feet and the sign shall not extend more than four (4) feet above the roof line. No support of the sign shall project above the roof line. e. Under -canopy signs shall not exceed a maximum dimension of six (6) feet or in any case more than 75 percent of 04.0-1 77y/ 99 77 9 9 OFFICIAL PUBLICATION the width of the canopy to which it is attached. No portion of the sign shall be less than nine {9) feet above grade. f. Standard signage appearing as an integral part of the gasoline pumpsas purchased and installed shall be permitted. Decals which constitute standard signage and .. which are normally affixed after installation of gasoline pumps shall be permitted. (a) CC -2 zone regulations. (1) General requirements. a. If a building has two (2) or more occupant&, the occu- pants My jointly erect and maintain a sign provided the Joint sign is within zonal regulations. b. No sign shall be erected within 50 feet of R zones which abut CC -2 zones. In all instances as described above, signage shall be bound by all regulations and reghire- ments for signage in the CN -1 zones. C. In the event that five (5) or more business units are located adjacent to each other and provided the owners of the businesses reach unanimous agreement, a common major sign in lieu of individual signs, as listed below in paragraph (2), my be permitted. The .sign shall- not exceed 175 square feet. (2) permitted signs. a. No more than one (1) of the following signs (1 or 2) shall be permitted. 1. One (1) on -premises identification and/or .adver- tising moaumant sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant and not to exceed 50 square feet per sign face shall be permitted. Said sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be non -illuminated or illuminated by an internal, external, or exposed non-flasbing light source. 2. One (1) on -premises identification and/or adver- tising free-standing sign not to exceed one (1) square foot per lineal foot of lot frontage per occupant and not to exceed 125 square feet per sign face shall be permitted. The sign my consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and my be aon-illuminated or illuminated by an internal, external, or exposed non -flashing light source. b. One (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not exceed 10 percent of the area of the front wall of the building. If the building is higher than one (1) story and the business occupies more than one (1) story, the maximum size signage permittedshall be determined by. using 10 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign my be non-illuminatedor illuminated by an internal, external, or exposed non -flashing light source. C. A facia sign not to. exceed 65 percent of the maximum square footage allowed for facia signs in a CN -1 Zone shall be permitted in those instances where a business has frontage on two (2) intersecting streets. d. A wall -mounted billboard subject to the requirements of Sec. 36-62(d) shall be permitted. e. No more than one (1) of the following signs (1 or 2) shall be permitted. 1. One (1) on -premises identification under -canopy sign not to exceed 'six (6) square feet per sign face shall be permitted per building frontage.The sign may consist of not more than two (2) parallel faces and my be non -illuminated or internally lighted with non -flashing white light. 2. One (1). on -premises identification facia sign not to exceed six- (6) square - feet in area shall be permitted per building frontage. The sign my be non -illuminated or internally or externally lighted with non -flashing white light. f. Window signs shall be allowed provided they do not exceed " " " fJ four (4) squyre feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. TIsme.signs may. advertise the name, days and hours ^ of operation, telephoneumber and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. S g. Identification. awning signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line unless located on the face of a parapet wall. b. Nosument signs shall not extend more than five (5) feet above grade. C . Free-standing signs shall not exceed 35 feet in heighi. nor be less than 10 feet above grade. No dimension of the sign shall exceed 15 feet nor shall any part of the sign project into public right-of-way. d. Projecting signs shall not project mdre than six (6) feet from the building and shall not be less than 10 feet above grade over pedestrian-waysor 14 feet above grade over vehicular -ways and parking areas. No dimensiom of the sign shall exceed 10 feet or extend more than four (4) feet above the roof line. e. Under -canopy signs shall not exceed a dimension of six (6) feet or in say case'ddre than 75 percent of the width of the canopy to which it is attached. No portion of the sign shall be less than 10 feet above grade. I. Off -premises identification and/or advertising billboard signs subject to the requirements of See. 36-62(d) are Permitted. (f) CB -10 Zone regulations. (1) General requirements. a. Two (2) or moKe block faces, directionally opposite, may promote uniform signage along a general design or theme, provided that all tenants and owners agree by petition upon the design or them. The design or these any deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs A. One (1) on -premises identification and/or advertising facts sign shall be allowed provided it does not exceed' 20 percentofthe area of the front wall of the building. If the building is higher than one story and the business occupies more than one story, the maximum size signage Permitted shall be determined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign my be nonilluminated or internally or externally lighted with a sonflashing light source. b. One (1) on -premises identification under -campy sign not to exceed six (6) square feet per sign face per building frontage shall be permitted. The sign my consist of not more than two (2) parallel faces and my be nonilluminated or .internally lighted with sonflashing white light. C. One (1) on-prmises directory facts sign not to exceed four (4) square feet in area per sign .face shall be permitted where occupants have no street frontage, and. the sign .shall be located immediately adjacent to the Principal entrance to the occupant's premises. The sign my be 11milluminated or internally lighted with sonflashing white light. d. One (1) on-prmises advertising marquee sign not to exceed one square foot per lineal foot of building frontage and not to exceed 50 square feet shall be Permitted. The Sign my consist of sot more than two (2) Parallel faces and my be uonillusinated or internally lighted with nonflashing,white light.. e. .Window signs shall be allowed provided they do not exceed 3/G e M W. 83 -3/60 F0 2 99 OFFICIAL PUBLICATION four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the same, days and hours of operation, telephone number and other related infor- mation about the business being conducted on the premises. These signs may also include Information relative to the acceptance of credit cards or bank cards. f. Identification awing signs not to exceed 25 percent of the surface the awning shall be permitted. (3) Special requirements. a. Facia signs shall not extend above the roof line. b._ Under -canopy signs shall not exceed maximum dimension of six (6) feetwe in any .case more than 75 percent of the width of the canopy to which it is .attached. No portion of the sign shall be less than 10 feet above grade. ;g) CB -2 zone regulations. (I) General requirements. a. Two (2) or more block faces, directionally opposite, may promote uniform signage along a general design or theme .provided that .all tenants and owners agree .by petition upon the design or theme. The design or them ma deviate from the zonal regulations upon the approval of a special exception by the Board of Adjustment. (2) Permitted signs. a. Due (1) on -premises identification and/or advertising facia sign shall be allowed provided it does not. exceed 20. percent of the area of the front wall 01 the -building. If the building is higher than one (1) story and the business occupies more than one (1) story, the ,maxisme size signage permitted shall be determined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may , be non -illuminated or internally or externally lighted with a non -flashing light source. b. One (1) on -premises identification under -canopy sign not to exceed six (6) square feet per sign face per building frontage shall be pe emitted. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with a aon-flashing light source. C. One (1) on -premises directory facia sign not to exceed four (4) square feet in area shall be permitted where occupants have no street frontage, andthe sign shall be located immediately adjacent to the principal entrance to the occupant's premises. The sign may be non -illuminated or internally lighted with a non -flashing light. source. d. Identification awing signs not to exceed 25 percent of the surface of the awning shall be permitted. (3) Special requirements. a. Facia Signa shall not extend above the roof line. b. Under -canopy signs shall not exceed a dimension of six (6) feet nor in any case more than 75 percent of the width of the campy to which it is attached. Vo portion of fhe sign shall be less than 10 feet ,above grade. I C. Directory signs shall not exceed four (4} square feet in area and no dimension of the sign shall exceed two and one-half (2�) feet. d. No roof signs, off -premises signs or billboards shall be permitted. e. No temporary signs consisting of painted,cardboard, plastic, paper or similar material shall be permitted to he attached to any window or outside wall. f. All monument signs shall not extend more than five (5) feet shove grade. M CI -1, ORP, I-1 and 1-2 zone regulations. / e3 (1) General requirements. v a No sign shall be erected within 50 feet of R zones which - abut CI -1, ORP, I -I and I-2 zones. In all instances as described above, signage shall be bound by all regula- tions and requirements for signage in the CN -1 zones. b. In the event that five (5) or more uses or buildings are located adjacent to each other and individual facia signs as listed below in subparagraph (2)a.1 are erected, a common major sign of the type permitted in subparagraph (2)a.2 or (2)a.3 may be permitted provided the following conditions are met: 1. The area of the common sign shall not exceed 175 square feet, d. One (1) on -premises advertising marquee sign not to exceed one (1) square foot per lineal foot of building frontage and not to exceed 50 square feet per sign face shall be permitted for theatre marquees. The sign may consist of not more than two (2) parallel faces and may be non -illuminated or internally lighted with a non -flashing light source. e. Two (2) on -premises identification "permanent, painted" window signs not to exceed two (2) square feet per sign shall be permitted per occupant. f. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related informa- tion about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. g. No more than one (1) of the following signs (1 or 2) shall be permitted: 1. One (l) on -premises identification or advertising monument sign not to exceed one (1) square foot per lineal foot of building frontage. The sign shall not exceed 50 square feet per sign face but may be internally or exte rually lighted. 2. One (1) on -premises identification or advertising free-standing sign not to exceed one (1) square foot per lineal foot of building frontage. The sign shall not exceed 50 square feet per sign face but may be internally or externally lighted. 2. The area of the common sign shall be deducted from the total maximum permitted sign area for all of the individual facia signs, and 3. The area of the common sign shall be deducted an equal .amount from the maximum permitted sign area for each individual facia sign. (2) Permitted signs. a. No more than one (1) of the following signs (1, 2 or 3) shall be permitted. 1. One (1) on -premises identification and/or adver- tising facia sign shall be allowed provided it does not exceed 20 percent of the area of the front wall of the building. If the building is higher than one story and the business occupies more than one story, the maximum size signage permitted shall be deter- mined etermined by using 20 percent of the area of the face (or front wall) of the building that is occupied by the business. The sign may be non -illuminated or internally or externally lighted with a non -flashing light source. 2. One (1) ou-premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total signage of frontage with a maximum total signage of 150 square feet shall be permitted. 3- One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot per lineal foot of building frontage and not to exceed 50 square feet per sign face shall be permitted. The sign may consist of not more than two (2) faces, which are parallel or form not more than a 45 degree angle with each other, and may be continued on page 17 sa�99 Friday, December 30, 1983—Iowa City Press -Citizen -178 OFFICIAL PUBLICATION required herein for the location of a tree shall mean the distance to . the center of the tree and where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number. The varieties and sizes at initial installation of trees permitted by this ordinance for the use indicated are specified in the "List of Recommended Trees for Iowa City" attached as a supplement end made a part of this Chapter. Evergreen trees, used for screening purposes in accordance with the provisions of Sec. 36-76(j), may be used to satisfy the requirements of the tree regulations provided they are of a variety suitable for screening purposes, as listed in the supplement, and are allowed to grow to their mature height. (c) Site Plan. When provisions of the tree regulations are applicable, a site 'plot') plan shall be submitted with the request for a building permit and shall, in addition to the information normally required, include: (1) the size and location of required tree islands; and (2) the mature height (am 11 or large), locatiou'and type (evergreen or deciduous) of existing and proposed tree Plantings. Sec. 36-73. Requirements. (a) Tree! ad scent so and within !tree[ r1 ht!•of-we . The following provisions shall tensa ate the p anti¢g of trees adjacent to and within street rights-of-way: (1) Applicability. a. Whenever there is a conversion or a new use established, the requirements of this subsection shall be applicable to the entire lot. b. Whenever a principal building(s) is constructed, re- constructed or structurally altered by one or more additions, the total of which increases the floor area by more than 10 percent, the requirements of this subsection shall be applicable to the entire lot. C. If any provision of this Chapter would preclude the planting of one or more trees adjacent to the right-of- way, the trees unable to be planted adjacent to the right-of-way shall be planted within the right-of-way according to the provisions of paragraph (3). However, trees excluded by the provisions of paragraph (3) may be omitted. d. If trees presently exist within the right-of-way, trees need not be planted adjacent to the right-of-way providei- that the required number of trees exists. Additional trees required shall be planted adjacent to the .right-of- way except as provided in subparagraph c above. (i) Required tree planting adjacent to street rigbts-of-way. Trees shall be planted adjacent to street rights-of-way and meet the following conditions: a. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the city forester. b. Large and medium size trees shall be planted at a minimus ratio of one tree for every 40 feet of lot frontage or for small size trees, every 30 feet of lot frontage. In the case of a corner lot, only one tree for every 60 feet of lot frontage shall be required. C. Trees shall be planted adjacent to street rights-of-way within eight (8) feet of the right-of-way line but not closer than four •(4) feet to a public sidewalk or the anticipated location of a future sidewalk where one does not now exist d. Small size trees may b% located within eight (8) feet of a building; however, large and medium size trees shall not be located closer than 16 feet to a building. e. Large and medium size trees shall be spaced no closer than 40 feet apart, or for small size trees, ao closer than 16 feet apart, except along streets where screening is appropriate or required. In the latter case, trees !ball be planted in accordance with the provisions of Sec. 36-76(j) and be of a variety suitable for screening purposes as designated in the 'list of Recommended Trees for Iwo City. - f. Trees shall be located within tree islands and separated from parking areas pursuaat to the requirements of paragraph (b)(2). g. Trees shall not be located within a triangular area at street intersections, two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. b. Tree* shall bg placed to avoid interference with the construction, maintenance and operation of public and private utilities above or below ground as determined by the -utility companies and the City Engineer. (3) placement of trees within public rights-of-way. Trees planted within public rights-of-way shall meet the following conditions: a. A tree planting permit shall be obtained from the City Forester. b. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as street trees or permitted by the City Forester. C. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future sidewalk where one does not now exist. d. Trees shall dot be located within five (5) feet of the curb. e. At street intersections, trees shall not be located within 70 feet of the intersection of curb lines along arterial streets, 50 feet along collector streets, or within 30 feet of the intersection of curb lines along .residential streets. - ) f. At the intersection of a street and an aisle or a drive and at the intersection of a street and an alley, trees shall not be located within 10 feet of the drive, aisle or the right-of-way line of the alley. g. Large and medius size trees shall be spaced no closer than 40 feet apart or located closer than 16 feet to a building.Small size trees shall be located no closer than 16 feet apart .but may be located to within eight (4) -feet of a building. h. Trees shall be placed to avoid interference with the construction, mafotenance and operation of public and private utilities above or below ground as determined by the utility companies and the City Engineer. (b) Trees on rivate ro ert for residential uses and parkingareas. e ollowing provisions 11 regulate the planting of trees on private property for residential uses and parking areas: (1) Applicability. a. Whenever the total number of parking spaces required or provided in a a" parking area for a use exceeds 18 parking spaces, the requirements of this section shall be applicable. These requirements shall also apply in the following iastances; b. This section shall apply to an existing parking area under the following conditions: I. If the amber of parking spaces is an existing parking area is increased to exceed an area which accommodates 18 parking spaces, the parking area in excess shall comply with the requirements of this section. I. If an existing parking area, which exceeds 18 parking spaces, is increased in area, the additional parking area shall comply with the requirements of this section. - 3. If anexisting parking area does not consist of a pe rmauent duet -free -surface and is required to be surfaced or altered in any way, the provisions of this section shall apply as if the parking area had not previously existed. C. Whenever a residential building is constructed, reconstructed or structurally altered by one or more addition&, the total of which increases the floor area by more than 10 percent, the requirements of paragraph (2) shall be applicable to the entire lot. continued on page 18 g3 -3/`d S_3 � 99 '-�3-3'/6a OFFICIAL PVBLICATION Yard except the front yard, provided they shall comply with the require- ments of Sec. 36-57. (b) Buildin features. Eaves, cornices, marquees, awnings, canopies, rse belt cous, si ls, buttresses, or other similar building features which extend beyond the wall of a building may project into any yard provided that such projections from a principal building shall not be closer than two (2) feet to any side lot line. Such projections from an accessory building shall not be closer than one (1) foot to a rear lot line or a side lot line. (c) Chimneys. Chimneys may project into any yard not more than two (2) feet. (d) Dog runs. Dog runs constructed solely for the purpose of confining dogs for exercising and feeding may be located in any yard, provided that in an R zone they shall not be located in a front yard or side yard nor closer than 10 feet to a rear lot line. (e) Fences and hedges. Fences and hedges may be located in any yard subject to the requirements of Sec. 36-65. (f) Fire esca es and unenclosed stai rwa s. Fire escapes and unenclosed sta Stways may <x[em into any yar provided they shall not extend into a side yard more than three and one-half (311) feet. (g) 1ue1 dispensing equipment. In commercial and Ludas trial zones, fuel dispensing equipment say be located in any yard. (h) Ornamental features. Light fixtures, flag poles, arbors, trel- lises, fomta ins, sculptures, plant boxes, plants and trees and other siailar ornamental features may be located in any yard provided that: (1) At street intersections, no ornamental feature more than two (2) feet in height above the curb level shall be located Within a triangular area two (2) of its sides 30 feet in length and measured along the rights-of-way lines from the Point of intersection, and (2) Trees planted in the front yard shall comply with the locational requirements of Sec. 36-73 and the Forestry Ordinance of the City Code of Ordinances. (i) parkin off-street. Except as otherwise provided in Sec. 36-58, open off-street par Ing may be located in any yard. (j) Porches balconies decks and stoops, uncovered. Porches, balcmo- ies, decks and stoops whit are uncovere , may extend into any yard provided that such projections shall Dot extend into a front yard more than eight (8) feet. Stoops may extend into a side yard not more than two (2) feet. (k) Signs. Except as otherwise provided in Sec. 36-60, signs say be located in any yard. (1) Swimming pools and hot tuhs. Swimming pools and hot tubs with a depth of IS (aches or more maybe located in any yard, provided that in an R zone they shall not be located in a front yard and shall at be located closer than 10 feet to a side or rear lot line. (m) Telephones coin operated. in commercial and industrial zones, coin operated telephones maybe located in any yard. (n) Windows. Bay windows and similar projecting windows may extend into any yard provided that in an R one they shall Dot extend into the side yard or the rear yard of a reversed corner lot. Sec. 36-69. Requirements and exceptions for established setbacks. (a) Where at least 50 percent of the lots along a frontage are occupied by buildings that deviate to setback more than five (5) feet from the required front yard, the minimum front yard for each lot along the frontage shall be established in the following manner: (1) If all the buildings have a setback of more than five (5) feet of the required front yard, the (root yard shall be equivalent to the setback of the closest building to the street. (2) If all the buildings are located more than five (5) feet Closer to the street than the required front yard, the front yard shall be established five (5) feet closer to the street than the required front yard. (3) If .(I) or (2) is not the case, the front yard for each lot shall be determined as follows: a. Interior and double frontage lots. At the option of the lot owner, the front yard shall be established as the front yard required to the zone in which the lot is located or otherwise as follows: I. The front yard of a lot .shall be established as an average of the setbacks of the principal buildings on the abutting lots to each side. 2. Where a principal building is located on an abutting lot on Due side only, the minimum front yard shall be equal to the setback of the principal building on the abutting lot. b. Corner lots. The minimum front yard of a corner lot shall be the front yard required for the sone in wbicb it is located. (b) 11 special exception may be granted by the Board of Adjustment for + maditic+tion of yard requirements, when such modification would not be eostraky to -the public interest nor contrary to the general purpose and Intent of this Chapter and meet the conditions of Sec. 36-91. Sec. 36-70. Height exceptions. (a) The following structures or parts thereof shall be exempt from the height limitations set forth in the zones indicated, provided that an increase in height shall not conflict with the provisions of the Airport Overlay Zones. - (I) In all zones. a. Chimneys or flues, b. Church spires. C. Cupolas, domes, skylights and other similar roof protrusions not used for the purpose of obtaining habitable floor space. d. Farm structures including barns, -silos, storage bins and similar structures when associatedwitha tam. a.. Flag poles. f. Parapet or fire walls extending not more than three (3) feet above the limiting height of the building. e. Poles, towers and other structures necessary for essea- tial services. h. Boot structures including elevator bulkheads, stairwaya, ventilating fans, cooling towers and similar necessary mechanical and electrical appurtenances required to operate and maintain the building. 1. Television antennas and similar apparatus (2) Ig the �, I and ORP zones. a. Grata elevators. b. Radio and television communication towers. C. Sucks. d. Storage tanks and water towers. (b) In all zones, except the ORC Zone, the maximum height in each zone may be increased, oo the condition that for each foot of height increase above the maximum height limitation there is provided an additional two (2) feet of front, side and rear yards and that an increase in height shall not conflict with the provisions of the Airport Overlay Zones. Sec. 36-71. Reserved. DIVISION 2. TREE REGULATIONS Sec. 36-72. General. (a) Purpose. The purpose of these regulations $ball be to assure that trees are preserved sad platted with the development or redevelopment of buildings, drives and parking areas within the City in accordance with the best ecological concepts, environmental objectives and site planning principles so the well-being of the residents of the City is protected and enhanced. (b) General a licabilit . No building permit or certificate of occupancy aka 1 e issue for the romstructioa, recemtructioo or structural alteration of a building o9 a lot without conformity with the provisions of the tree regulations. However, property 10 the CB-10,and AG Zones and individual lots occupied by single family dwellings shell be exempt from the requirements of these provisions. The distances OFFICIAL PUBLICATION continued from page 16 - 8699 son -illuminated or internally or externally lighted witb a aonflashing light source. b. One (1) on -premises identification facia sign not to exceed four (4) square feet per building frontage shall be permitted. The sign shall be Doo -illuminated. C. A free-standing billboard sign subject to the require- ments of Sec. 36-62(d) shall be permitted. d. Window signs shall be allowed provided they do not exceed four (4) square feet in area or 25 percent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related informa- tion about the business being conducted on the premises. These signs may also include informatioa relative to the acceptance of credit cards or bank cards. (3) Special requirements. a. No support or part of a free-standing sign shall project into the street right-of-way. Note: The provisions in Sections 36-60 through 63 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. Sec. 36-64. Reserved. Sec. 36-65. Fence and bedge requirements. (a) Location aad hei 6t. Fences and hedges, when located within a front, side or rear yar or within five (5) feet of a lot line, shall be subject to the following location and height requirements: (1) No portion of a fence more than 10 percent solid shall exceed eight (8) feet in height. (2) Fences and hedges shall be located so no part thereof is within two (2) feet of an alley or a street right-of-way line. (3) At street intersections, no fence or hedge more than two •(2) feet in height above the curb level, shall be located within a triangular area two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. (4) Io R zones or within 50 feet of a lot with a residential use at ground level, fences within the front yard shall not exceed four (4) feet io bright. Fences may be constructed to a height not exceeding eight (8) feet along primary arterial streets identified in the Comprehensive Plan. (b) Enclosures. Except as otberwise provided, fenced enclosures shall be provide for swimming pools with a depth of 18 inches or more and for dog runs and shall be subject to the following requirements: (1) An outdoor swimming pool, the edge of which is leas than four (4) feet above grade, shall be completely enclosed by a feace- not less than four (4) feet In beight. The fence shall be so coast rutted as not to allow a five (5) inch diameter sphere to pass through the fence. A principal or as accessory building may be used as part of such enclosure. (2) All gates or doors opening through an enclosure shall be equipped with a self-closing and self -latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped. The Building Official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protectioa afforded herein. (3) Dog runs shall be enclosed by a fence of sufficient height and construction to contain the dog at all times. I c) Barbed wire and electric fences. Barbed wire and electric fences shall be subject to the following requirements: (1) Barbed wire shall consist of twisted vires with barbs on each wire a minimum distance of four (4) inches apart. Concertina wire shall be prohibited. (2) Except for the enclosure of livestock operations, barbed vire fences shall only be permitted in a C, I or ORP zone, provided that the bottom stiand of barbed wire shall not be less than six (6) feet above grade. (3) Except for the enclosure of livestock operations, electric fences shall Dot be permitted in any zone. (4) No electric fence shall carry a charge greater than 25 milli- amphere nor a pulsating current longer than one-tenth (1/10) per second fD a one (1) second cycle. All electric fence charges shall carry the seal of an approved testing labora- tory. (5) Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) feet of street right-of-way line where a public sidewalk does not exist. In the latter case, however, either fence may be erected or constructed along the right-of-way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk. Said agreement shall be processed with the application for a permit. (d) Permit required. It shall be unlawful to erect or construct or cause to be erected or constructed any electric or barbed wire fence or any fence over six (6) feet in height without obtaining a permit. All applications for fence permits shall be submitted to the Building Official and shall be accompanied by a sketch or design of the proposed fence and a plot plan showing the location of the proposed fence. NOTE: The provisions in Secttoo 36-65 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. ARTICLE IV. GENERAL PROVISIONS DIVISION I. DIMENSIONAL REQUIRMNTS Sec. 36-66. General. The following dimensional requirements shall be applicable in all zones or in the zones indicated. Sec. 36-61. General yard requirements. (a) In an R zone, lots platted after the adoption of this Chapter and abutting a primary arterial street, as designated on the Comprehensive Plan Nap, shall have a front yard of 40 feet. (b) If lots fronting on two (2) or more streets are required to have a front yard, a front yard shall be provided along all streets. (c) Where a frontage is divided among zones with different front yard requirements, the deepest front yard shall apply to the entire frontage. Where an ORP Zone is included among the zones, the front yard required for the ORP Zone need not be considered provided lots within 100 feet of the ORP Zone shall have a front yard with not less than 20 feet. (d) Where a lot in a C or 1 zone abuts an R zone, a yard at leant equal to the abutting yard required in the R zone shall be provided along the R zone boundary line. (e) Where more than one (1) principal building is permitted on a lot (1) the required yards shall be maintained around the group of buildings, and (2) Except in the RN -145 zone the buildings are separated by a horizontal distance that is equal to the height of the highest building. In the RN -145 zone, high rise buildings shall be separated from other dwellings by a borizontal distance of eight (8) feet for the first story plus two (2) feet for each additional story. (f) There shall be a minimum of six (6) feet between all unattached buildings on a lot. (g) Residential uses, except motels and hotels, located at ground level in a C zone, shall be provided with the yards required in the RS -5 zone. (h) In all zones, if a side or rear yard is provided where not re- quired, the side or rear yard shall be at least five (5) feet wide. (i) Parking and stacking spaces, aisles and driveways located in yards shall be subject to the provisions of Sec. 36-58. Sec. 36-68. Permitted obstructions in yards. e The following obstructions may be located in the required yards specified subject to the special conditions indicated. (a) Buildings, accessory. Accessory buildings may be located in any e3-3160 y99 88 99 188—Iowa City Press-Citizen—Friday, December 30, 1M OFFICIAL PU9]_ICATION • j I continued from page 17 d. Parking ramps, covered parking areas, and parking areas -- _ that are an integral part of a building shall be exempt. from the requirements of this section. (2) Required tree, planting for residential uses. Trees shall be planted on.a lot'with a residential use and meet the following conditions: a. The species to be planted shallbe listedin the "List of Recommended Trees for Iowa City" or permitted by the City Forester. b. Trees shall be planted at the minimum ratio of ooe tree for every 550 square feet of total building coverage of the lot. (Where residential uses are combined witb other uses, the building coverage shall be determined on the basis of the greatest amount of residential floor area of any floor that is wholly or partially devoted to a residential use.) These trees shall be in addition to the trees required to satisfy the requirements of Sec. 36-73(a)(2) and (b)(3). C. Trees shall not be'located within four (4) feet of a public sidewalk or within three (3) feet of a street right-of-way line where a public sidewalk does not exist. .. - d. Trees shall not be located within a triangular area at street intersections, two (2) of its sides 30 feet in length and measured along the right-of-way lines from the point of intersection. (3) Required tree planting for parking areas. Trees and tree islands shall be provided within and abutting the perimeter of the parking area(s) and meet the following conditions: a. The species to be planted shall be listed in the "List of Recommended Trees for Iowa City" as appropriate for parking areas or permitted by the City Forester. b. Tree islands shall be located so every parking space or portion thereof is not more than 40 feet from a small size tree within a tree island or 60 feet from a medium or large size tree within a tree island. C. Tree islands shall be located as to separate parking spaces from drives and alleys as in the illustration below. i' i d. Each tree island shall not be less than 170 square feet in area for trees allowed in small islands (the length of .. the tree island shall not exceed 20 feet) and shall be not less than 350 square feet in area for trees not allowed in smaller islands as indicated in the "List of Recommended Trees for Iowa City." e. Tree islands shall be separated from parking spaces, drives, and alleys by an unmountable curb or a barrier a minimum of five (5) inches in height. The curb or barrier shall be constructed in such a manner that saltwater runoff will not damage the tree. -- f. Trees allowed in small tree islands shall be planted within required tree islands at the ratio of one tree for each 170 square feet of tree island area. Large or medium size trees not allowed in smaller islands shall be planted within required tree islands at the ratio of one tree for each 350 square feet of tree island area. S. Trees allowed in small tree islands shall be located a minimum of four and a half (4}) feet from the edge of a tree island and trees allowed only in large tree islands shall be located a minimum of nine (9) feet from the edge of a tree island. h. Trees shall not be located within four (4) feet of a public sidewalk or within three (3) feet of a street right-of-way line where a public sidewalk does not exist. (c) Installation. All tree plantings required by this section shall be i'hatalled prior to occupancy or commencement of a use. If the plantings -carrot be installed prior to occupancy or commencement of a use, the Building Official may grant a delay to the seasonal calendar dates of June I or November 1, whichever occurs first. (d) Maintenance. It shall be the responsibility of the owner of a lot to maintain and replace, if necessary, trees required by these provisions after their planting. NOTE: The provisions in Sections 36-72 and 73 are essentially the same ke existed in the Zoning Ordinance prior to the adoption of this Chapter. Sec. 36-76. Reserved. DIVISION 3. PERFORMANCE STANDARDS Sec. 36-75. General. (a) New urea. Any use established in the commercial or industrial zones after the effective date of this Chapter shall comply with the minimum performance standards contained in this Division. (b) .Existing uses. Existing commercial and industrial uses which are sot in compliance with. the performance standards contained in this Division are exempt except where a use did not comply with performance standards in affect prior to the adoption of this Chapter (see Sec. 1-79(b)). Conditions which do not comply shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or : shared provided that the addition or change conforms with the applicable performance standards. {c) Certification. When necessary, the Building Official may require of the applicant certification by a registered professional engineer or other qualified person, at the expense of the applicant, that the performance standards for a proposed use can be met. Sec. 36-76. Requirements. (a) Smoke. The emission of smoke from any operation.or activity shall not exceed a density or equivalent opacity permitted below. For the purpose of grading the density 'or equivalent opacity of smoke, the 'Ringelmann Chart as published by the United States Bureau of Mines shall be used. (1) In the C zones sad ORP Zone, the emission of smoke darker in -.. shade than Ringelmam No. 1 from any chimney, stack, vent, opening, or combustion process beyond lot lines is prohibited. (2) In the I zones, the mission of smoke darker in shade than Ringelman No. 2 from any chimney, stack, vent, opening, or combustion process beyood zone boundary lines is prohibited except that the emission of smoke of a shade not to exceed Ringelmann No. 3 is permitted for not more than three (3) minutes total in any one eight (8) hour period when starting or cleaning a fire. (b) Particulate matter. No person shall operate or cause to be oper- ated any process or furnace or combustion device for the burning of coal or other natural or synthetic fuels without using approved equipment, methods or devices to reduce the quantity of gasborne or airborne solids of fames emitted into the open air exceeding a rate permitted below at the temperature of 500 degrees Fahrenheit. For the purpose of deter- mining the adequacy of such devices,these conditions shall apply when 'the percentage of excess air in the stack does not exceed 50 percent at lull load. The foregoing requirement shall be measured by the A.S.M.E. Test Code for dust -separating apparatus. All other forms of duet, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. -(1) In the C zones and ORP Zone, the emission of particulate matter suspended in air shall not exceed 0.35 grains (.0023 ounces) per i standard cubic foot (70 degrees F. and 14.7 pais) of air during any �9 one-hour period or a total from all vents and stacks of one-half _. (%) pound per hour per acre of lot area during any one-hour period. ;jg) In the I zones, the mission of particulate matter suspended in air shall not exceed 0.35 grain (.0023 ounces) per standard cubic foot r, (70 degrees F. and 14.7 psia) of air during any one-hour period or s total from all veats and stacks of three (3) pounds per hour per ., acre of lot area during any one-hour period. (d) Toxic matter. The release of airborne toxic matter from any opera JA/ 1Y 90 �L 9f OFFICIAL PUBLICATION tion or activity shall not exceed the fractional quantities permitted below of the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not listed,verification that the proposed level of toxic matter will be safe and not detrimental to the public health or injurious to plant and animal life will be required. The measurement of toxic mutter shall be on the average of any 24-hour sampling period. (1) In the C zones and ORP Zone, the release of airborne toxic matter shall not exceed 1/Sth of the Threshold Limit Values -.-- beyond lot lines. ` - (2) In the I zones, the release of airborne toxic matter shall not exceed 1/8th of, the Threshold Limit Values beyond zone boun- dary lines. (e} Odor. The mission of offensive odorous matter from any operation or Activity shall not exceed the odor threshold concentration defined in the American Society for Testing and Materials Method D1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" as the level which will just evoke a response in the human olfactory system whm measured as set forth below. (1) In the ID and C zones and ORP Zone, odorous matter shall not exceed the odor threshold concentration beyond lot lines at ground level or habitable elevation. (2) In the I zones, odorous matter shall not exceed the odor threshold concentration beyond zone boundary lines at ground levet or habitable eleyation. (f) Vibration. Earthborne vibrations from any operation or activity shall not exceed the displacement values below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum permitted displacements shall be determined by the following formula: K D = f where = displacement in inches K = d constant given in table below f = the frequency of the vibration transmitted through the ground in cycles per second Constant K by Type of Vibration Zone and Placeof continuous impulsive (at less than Measurement - least one second 8 pulses rest between per 24-hour pulses -which do period not exceed one second duration) C Zones and ORP O.003 0.006 0.015 Zone: at lot lines I Zones: a. at zone 0.030 0.060 0.150 boundary lines b. at R zone, 0.003 0.006 0.015 recreational area or school boundary lines (g) -Glare. Glare or light from any operation and all lighting for parking areas or for the external illumination of buildings or grounds shall be directed orlocatedin a manner such that direct or indirect illumination from the source of light shall not exceed one and one-half 0%) footcandles at lot lines in any R zone or C zone where a residen- tial use is located. (h) Sewage wastes. The following standards shall apply to sewage wastes at the point of discharge into the public sewer. (1) Acidity or alkalinity shall be neutralized within pH range from six (6.0) to 10.5. (2) Wastes shall contain no cyanides; nochlorinated solvents in excess of oae-tench (.I) ppm; no sulphur dioxide or nitrates, in excess of 10 ppni. no chromates in excess of. 25 ppm; no chlorine demand greater than 15 ppm; no phenols in excess of five one -hundredths (.05) ppm. There shall be no more than 25 ppm of petroleum ;oil, aoubiodegradable cutting oils or pro- ducts of mineral oil origin or any combination thereof. There shall be no oil and grease of animal or vegetable- origin 'in excess of 300 ppm. No waste listed in this section shall contain any insoluble substances exceeding a daily average of 500 ppm (if exceeded, the City may apply a coat surcharge) or failing to pass a No. 8 standard sieve or having a dimension greater than one-half (1/2) inch. (i) Storage. 60-a . "3 31� o (I) The open storage of materials and equipment shall not be �� ///A^ ^ permitted in any zone except the I-1 and I-2 Zones provided that the following requirements are met: a. Storage of materials and equipment shall be completely screened from view as required in Subsection (j) below. b. All combustible material shall be stored in such a way as to include, where necessary, access drives to permit free access of fire fighting equipment. (2) The bulk storage of flammable liquids and chemicals, when storedeither in underground or above -ground tanks, shall occur no closer to the lot line or any principal building than the distance indicated by the following table: Minimum Separation Distances Water Capacity Underground Above -Ground Per Container Containers Contaipers Less than 125 gals. 30 feet Rose 125 to 250 gals. 10 feet 10 feet 251 to 500 gals. 10 feet 10 feet 501 to 2,000 gals. 25 feet 25 feet 2,001 to 30,000 gals. 50 feet 50 feet 30,001 to 70,000 gals. 50 feet 75 feet 70,001 to 90,000 gala. 50 feet 100 feet The distance -may be reducd to not less than -10 feet for a single container of 1,200g`gallons water capacity or less, provided such a container is at least 25feetfrom any other container of more than 125 gallons water -capacity. - (j) 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, playgroundor the Iowa River, screening shall be preserved, planted or constructed and maintained by the owner of the commercial or industrial use in accordance with the. provisions set forth below. 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 RR -1 or RS -5 Zone, screening, in accordance with the provisions set forth below, shall also be provided by the owner of the manufactured housing use. (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 sufficient to effectively obscure .the commercial or industrial use from view at ground level 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, storage, or other such areas of activity from view within the lot lines of the R Zone or school. C. 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 RR -1 or RS -5 Zone. d. In all instances where street right-of-way, which acts to separate the lots on which said uses are located, is one hundred (100) feet or wider, screening shall not be required' - (2) Screening materials a. 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 Forestor. 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. _ b. Where a planting screen cannot be expected to thrive 1 %g 99 OFFICIAL PUBLICATION because of intense shade, soil or other conditions, a solid fence of durable construction, an earthen ben 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. (3) Time of installation. a. If a lot proposed for a commercial or industrial use is located adjacent to or opposite an existing 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 RR -1 or RS -5 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 in an R zone, a final plat of a residential subdivision is approved, or a recreational area is available for use on adjacent or opposite land. (4) Exceptions. a. Where a proposed or existing commercial or industrial use is or will be located adjacent to or opposite City recreational area, screening may be waived upon the granting of a special exception from the Board of Adjustment for the following reasons: 1. If adequate existing or proposed landscaping within the recreational area is or will be provided. 2. If the nature of a use and the building(s) occupied by the use are not objectionable to the purpose of the recreational area. b. Screening may be waived by the Building Official where the view is or will be blocked by a change in grade or by the natural or man-made features as determined by the Building Official. (5) Maintenance. The owner shall keep all screening properly maintained, free of trash and litter and all plant materials pruned in such a meaner as to provide effective visual obscurity from the ground to a height of at least six (6) feet. -ec.. 36-77. Reserved. DIVISION 4. NONCONFORMITIES Sec. 36-78. Intent. It is the intent of this Chapter to regulate nonconforming uses and structures because they have been found to be incompatible with per- mitted uses and structures in the zone involved. However, single family uses shall not generally be treated as noncomforming uses. Nonconform- ing buildings shall be regulated to prevent an increase in the degree of nonconformity. The lawful nae of any building or land existing on the effective date of this Chapter may continue al does not conform with the provisions of this Chapter. See- gh such use or land See. 36-79. General provisions. (a) Structuralalterations. Structural alterations may be made to noh- conformiag buildings to meet the minimum requirements of other city codes. (b) Unlawful use not authorized. Nothing in this Chapter shall be interpreted as authorization for the continuance of the use of a strue- ture or land established unlawfully in violation of the zoning regulations in effect prior to the enactment of this Chapter. (c) Single family dwellings treated as conforming. Notwithstanding any amily use, a Bingle family other provision of this Chapter, a single f dwelling and accessory structures, or a lot on which a single family dwelling is located, that was conforming prior to the effective date of this Chapter, shall generally be treated as conforming for as long as the dwelling is used for a single family use. Accordingly, the following rights shall be granted under this Chapter. u (a) Structures for a nonconforming single family use may be restored for a single family use if destroyed or damaged by fire, explosion, act of God, or by a public enemy; recon- structed; expanded; repaired; and structurally altered, Provided all other requirements of this Chapter are met. '(b) Nonconforming single family dwellings or nonconforming accessory structures to a single family use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God, or by a public enemy; repaired; and structurally altered, provided such construction does not increase or extend the degree of nonconformity. Nonconforming structures shall not be reconstructed except in compliance with the provisions of this Chapter. (c) A nonconforming single family use and a nonconforming single family dwelling and accessory structures on a nonconforming lot shall be granted the same rights as above and any other rights as if the lot were conforming. (d) A nonconforming single family use and a nonconforming single family dwelling and accessory structures shall also be -granted the same rights as for other nonconforming uses and structures. Sec. 36-80. Nonconforming uses. Except as otherwise provided in this Chapter, nonconforming uses and structures for nonconforming uses shall be regulated as follows. (a) No nonconforming use shall be enlarged nor shall a structure for a nonconforming use be constructed, reconstructed, structurally altered, or relocated on the lot. (b) A nonconforming use may be converted only to a conforming use. Once a use is converted to a conforming use, it shall not be converted back to a nonconforming use. (c) Any structure for a nonconforming use, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of less than 100% of the structure's assessed value, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use shall not be enlarged to more than existed before such damage. (d) A lot or portion of a lot, on which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% or more of the structure's assessed value, shall revert to a conforming use. (e) A lot or portion of a lot devoted to a nonconforming use, which is discontinued for a period of one (1) year, shall revert to a conforming use. (f) A nonconforming use shall be permitted to have the same amount and type of siguage as would be allowed for such use in the most restrictive zone in which such nonconforming use is allowed. Sec. 36-81. Nonconforming structures. Nonconforming structures shall be regulated as follows. (a) Any nonconforming structure, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of less than 100% of the structure's assessed value, may be restored to the same degree of nonconformity or less. (b) A nonconforming structure, which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% or more of the structure's assessed value, shall not be restored except in compliance with the provisions of this Chapter. (c). Any nonconforming structure containing a conforming use may be converted to another conforming use, provided there shall not result an increase in the degree of nonconformity of the structure. (d) A nonconforming structure may be structurally altered, provided it is structurally altered in a way which will not increase or extend its nonconformity or in a way which will reduce its nonconformity. (c) Any nonconforming structure which is relocated on the same lot shall thereafter conform to the provisions of this Chapter. Sec. 36-82. Nonconforming lots. Development of nonconforming lots shall be regulated as follows. (a) Any use or structure for a use permitted in the zone in which the lot is located may be established or erected, provided the use or structure meets all other requirements of this Chapter. However, no use nor structure for a use, either one of which requires more lot area than presently exists, shall be permitted. (b) All existing conforming or nonconforming uses and structures shall continued on page 19 f..3-3/� a �d 13-3/4a ?�Z / �?�? OFFICIAL PUBLICATION continued from page 16 be treated as if such uses and structures were established on a conforming lot. However, no use nor structurefor a use, either one of which requires more lot area than presently exists and the structure of which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 100% or more of the structure's assessed value, shall be restored except in compliance with the provisions of this Chapter. (c) If two or more abutting lots or portions thereof become in single owuersbip, the land involved shall be deemed a -single parcel for the purposes of this Chapter and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot frontage, width and area requirements. Sec. 36-83. Reserved DIVISION S. IMPLEMENTATION Sec. 36-84. Enforcement. (a) 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 emplovees 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. (b) Appeals from a decision of the City Manager or his/her designee to enforcing this chapter may be made to the Board of Addustmnet as provided in Section 1-79. Sec. 36-85. Construction prior to Chapter. Nothing in this Chapter shall require any change in plans, con= struction or designated use of a structure for which a building permit has lawfully been issued prior to the effective date of this Chapter. Sec. 36-86. Building and occupancy certificates. No building or construction may be undertaken in the city until a building permit has been issued by the City Manager or his/her designee for such building or construction. No change in the use or occupancy of land, nor any change of use or occupancy in an existing building, other than for single-family dwelling Purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the City Manager or his/her designee. If a building permit has not been issued prior to the adoption of this Chapter, every certificate of occupancy shall state that the new occupancy complies with all provisions of this Chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the City Manager or his/her designee. A certificate of occupancy may be obtained for nonconfoming uses. Application for certificate of occupancy for nonconforming uses shall be accompanied by affidavits of proof that such nonconforming use was not established in violation of the zoning ordinance after July 26, 1962, and before the adoption of this Chapter. Sec. 36-87. Rules of construction for boundaries of zones. (a) Where uncertainty exists with respect to the boundaries of various zones as shown on the zoning map accompanying and made a part of this Chapter, the following rules apply: (1) The boundaries of the zones are the centerlines of either streets or alleys unless otherwise shown, and where the zones designated on the map accompanying and made a part of this Chapter are bounded approximately by street or alley lines, the centerlines of such street or alley shall be construed to be the boundary of the zone. (2) Where the boundaries of the zone are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the boundaries of the zone shall be construed to be the lot lines and where the zones designated on the zoning map accompanying and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones unless the boundaries are otherwise indicated on the map. (3) In separate tracts not subdivided and in uasubdivided property, the zoning boundary lines on the map accompanying and made a part of this Chapter shall be detemin5d by use of the scale appearing on the map. (b) In interpreting and applying the provisions of this Chapter, such provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other ,agreements between parties, except that if this Chapter imposes a grater restriction this Chapter shall control. Sec. 36-88. Amendment of ordinance. .(a) The City Council may from time to time, on its ow motion or on yDI�atition, amend, supplement, change, modify or repeal by ordinance the oundaries of zones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recomendations and report. .If the Commission makes no report vithia 45 days, it shall be considered io have made a report approving the proposed amendment, supplement, _modification or change. After the recommendation and report of the Commission' have been filed, the Council shall before enacting any proposed amendment, supplement, change, modification or repeal, hold a public hearing in relation thereto, giving at least 15 days notice of 'the time .and place of such hearing, which notice shall first be published 'in a newspaper having a general circulation in the City of Iowa City. She Council my set such public hearing either before or after it submits such proposed amendment, supplement, change, modification or repeal to the Commission for its recommendation, or during the period while the Commission is considering such matter. ,,(b) If a protest against such proposal, amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of 20 percent or more, either - of the area of the lots included in such proposed change; or of the area of those abutting lots extending the depth of one (1) lot or not to exceed 200 feet therefrom in any one (1) direction perpendicular to a side or rear lot line; or of the area of those lots directly across a street extending the depth of one (1) lot or not to exceed 200 fast from the street frontage of the lots, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the Council. (c) 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 such filing fee, if any, as the Council may from time to time establish by resolution for petitions for rezoning. (d) No building permit for.the erection of any building or structure or license or permit for the conduct of any use shall be issued for a period of 60 days after the City Council of Iowa City has set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone an area, if the building or we contemplated by the requested permit would not be permitted in that area under the proposed zoning classification. Provided, that if final action by the City Council is not taken on the question within 60 days of the time the matter is set for public hearing, the permit or license shall issue. If within the 60 day period the City Council shall coact an ordinance amending the Zoning Ordinance the provisions of said Zoning Ordinance as amended shall thereafter be in effect. If within the 60 day period the City Council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations. (e) If a permit for a building or structure has been issued for a particular area but no substantial part of the construction has been commenced at the time, if the City Council shall set a public hearing on the question of amending the Zoning Ordinance and map to as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all construction and other action shall be suspended for a period of 60 days after the setting of the public hearing. Provided, however, that if final action by the City Council is not taken on the question within 60 days, construction my be cosssenced. If within the 60 day period the City Council shall enact an ordinance amending the Zoning Ordinance, the ,.provisions of the Zoning Ordinance as amended shall be in effect and if 'said provisions prohibit the building, structure or we contemplated by the suspended permit, said permit shall stand automatically revoked and terminated. If the City Council shall vote on said gwstiou and it �. *ball not receive a sufficient number of votes for passage, the t suspension period shall be terminated and construction may be comenced under the permit. The suspension of work under the provisions of this Ordinance my not be invoked and are not applicable if previously said pe nit has been suspended under the provisions of this Chapter. (f) No property or area within the City shall be subject to the suspen- sins provisions of this Chapter unless 12 moths *hall have expired after a m previous suspension period, said 12 moth period to coence with the final day of the 60 day suspension period provided for in this Chapter. �-)I W -f3-3/6d 9G 9 y OFFICIAL PUBLICATION (g) The Planning and Zoning Commission may recommend to the City Council amendments, supplements, changes, or modifications to this Chapter or to the boundaries of zones or to the zoning of particular tracts. If the Commission initiates a recommendation to the Council, said recommendation need not be submitted to the Commission for its report but say be set for public hearing forthwith. Sec. 36-89. Violations. (a) The owner or manager of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises 10 or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other persoa who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, or who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Chapter, shall be subject upon conviction, to imprisonment not to exceed thirty days, or a fine not exceeding $100.00. Each day that a violation is permitted to exist after proper notice shall constitute a separate offense. (o) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used io violation of this Chapter, the appropriate authorities of the City of Iowa City, in addition to other remedies, may institute injunction, madamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land. See. 36-90. Annexation. (a) Voluntary annexation: All applications for voluntary annexation of land to the City of Iowa City shall, in addition to the necessary requirements for annexation, designate the zoning classification which the applicant wishes for his property. Upon receipt thereof, the application shall be referred to the Planing and Zoning Commission for recommendations on both the anexatiou and the requested zoning. The Planing and Zoning Commission shall have the same time periods for its consideration as in any rezoning matter. The Commission may recommend approval of the requested zoning or the denial thereof. In the event the Commission recommends denial, it shall make an additional recommen- dation as to what zoning classification it recosmends. A copy of its report shall be forwarded to the applicant and shall be on the agenda for the next meeting of the City Council. The Council shall set the zoning matter for Public Hearing, prescribing the saw notice requirements as for a rezoning application and shall specify the zoning classification recommended by the Commission. If the Council approves the zoning classification recommended by the Commission, it shall be set by ordinance. A zoning classification other than that recommended by the Commission shall not become effective except by the favorable vote of three-fourths of the members of the Council; and an application for voluntary annexation not recommended by the Planing and Zoning Commission shall not become effective unless approved by a favorable vote of three-fourths of the members of the Council. The resolution providing for annexation shall he acted upon by the City Council at the time the Council takes action on the zoning classification. In the event an applicant does Got designate a zoning classification in the application for voluntary annexation, no Public Hearing shall be required and the property may be annexed and shall be classified in the Ag zone and shall be subject M all provisions of the Zoning Ordinance. (b) Involuntary annexation: Whenever, after public Hearing thereon, the City Council shall determine that involuntary annexation proceeding$ should be undertaken against lands to be annexed, the matter shall be referred to the Planning and Zoning Commission for its recommendation as to the zoning of said lands. Upon receipt of said reenamendatioo, the City Council shall set the zoning classification for a Public Hearing, prescribing the same notice requirements as for rezoning application and specifying the zoning classification($) recommended by the Commission. I f the Council approves the zoning classification(s) recommended by the Commission, it shall adopt an ordinance setting forth the various zoning classification for said lands. The Council may approve a higher or more restrictive classification for all or any part of the lands to be annexed than recommended by the Planning and Zoning Commission. However, prior to approval of any lower or less restrictive classifi- cation, the Council must send the miter back to the Commission for its recommendation on the lower claastfication(a). Ia the event the matter is returned to the Commission subsequent to the Public Hearing, a new Public Hearing shall be held thereon after the Commission forwards its report and recommendation to the Council. If the Commission recommends against the lower classification, it shall not become effective except by a favorable vote of three-fourths (3/4) of the members of the Council. DIVISION 6. AP P1tAl5 Sec. 36-91. Board of Adjustment. (a) Establishment. The Boa Sd of Adjustment heretofore established shall continue. The Board shall consist of five members each to be appointed by the Mayor with the consent of the City Council for a term of five years. Members shall be residents of Iowa City and shall serve without compensation. Members shall be removable for cause by the City Council upon written charges and after public hearing. Vacancies shall he filled for the unexpired tem of any member whose position becomes vacant. No member shall be appointed to succeed himself/herwlf; provided, bowever, that a member originally appointed to fill an unexpired tam with one (1) year or leas remaining may be reappointed for one full five year tem. (b) Organization. Meetings of the Board shall be held at least once a mouth when app cations are pending before the Board. The Board shall adopt rules to establish the time and place of meetings, the procedure for the selection of a chairperson and vice -chairperson, who shall act as chairperson when the chairperson is absent or abstaining, sad such other procedural rules as are necessary to implement the provisions hereof. Copies of all "lea shall be kept on file in the office of the Board's Secretary and in the office of the City Clerk. The chairperson, or in his/her absence, the acting chairperson, may administer "the or compel the attendance of witnesses. (c) Secretary. The Director of the City's Department of Planning and Program Development shall designate one member of his/her staff to serve as Secretary of the Board. The Secretary, who shall not be a member of the Board, shall be responsible for maintaining the Office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maiatainiag minutes and other records of the Board's proceedings. (d) Vote re aired. A majority of the Board shall constitute a quorum. The coacurr ng 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 effect any variation. .(e) Procedure. The Board shall conduct hearings and make decisions in actor sure with the following requirements: (1) Public meetings. All meetings shall be opento the public. (2) Public notice. The notice of the time and place of hearings shall be published in a paper of general circulation not mon than 30 nor less than 15 days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the appeal. (3) Record of proceedings. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Secretary of the Board. (6) Written decisions. The Board shall render written decisions which shall be filed with the City Clerk. (5) Orders.Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the data the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building per- mitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the term of the permit. Upon written request, and for good cause show, the Board my extend the expiration date of any order without further public hearing on the writs of the original appeal or application. (f) Commencement of Proceedings. (1) Appeals. a. By whom. Appeals to the Board my be taken by any person aggrieved, or by any officer, department, or board of the City, affected by any decision of the City Manager or his/her designee, or by a decision of the Zoning Code Interpretation Panel or of the City Manager when the Panel cannot reach a decision. Such appeal shall be taken within a reasonable time as provided by the rules h of the Board by filing with the City Clerk a notice of appeal specifying the grounds therefor. A duplicate copy of such notice shall be filed with the Board Secretary. The City Manager or his/her designee shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. b. Effect of appeal. An appeal stays all proceedings in laa. f 3 -3 /6 a 97 p 99 Friday, December 30, 1983—Iowa City Press-Clasen—los OFFICIAL PUBLICATION furtherance of the action appealed from, including, with- out limitation of the foregoing, a permitee's right to proceed with development or other activities authorized under a building permit, the issuance of which is a suh- ject of the appeal, unless the City Manager or his/her designee certifies to the Board after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate, a stay would in his/her opinion, cause imminent peril to life or property. In such case, proceedings or development shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on appli- cation, on notice to the City Manager or Ilia/her designee for due cause shown. (3) Special Exceptions and Variances. Applications for special exceptions and variances shall be filed with the City Clerk. At a minimum, the application shall include the following: (a) The name and address of each'applicant; (b) The names and addresses of the owner of the property in question and of the architect, professional engineer, and contractor, if any; (c) The names and addresses of the record owners of all property located within 200 feet of the property in question; (d) A map or plat showing the location and record owner of each property opposite or abutting the property in question; (e) A narrative statement of the grounds offered as support for the special exception or variance; (f) A map or plot plan, drawn to scale, of the property in question. (3) Fees. A filing fee shall be paid at the time any appeal or application is filed. Filing fees shall be as established from time to time by resolution of the City Council. No fee shall be charged for an appeal or application filed by any officer, department, or board of the City. (g) Powers. The Board shall have the following powers: (I) Appeals. To bear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the City Manager or his/her designee in the enforce- ment of this Chapter or of any ordinance adopted pursuant thereto. (2) Special exceptions. To hear and decide applications for special exceptions to the terms of this Chapter, and enlarge- ments thereof, in accordance with the general regulations of the zone in which the property is located and specific stan- yW� dards contained herein. `i a. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed opera- tion, and such other evidence as deemed appropriate. b. Standards. In order to permit a special exception, the Board must find that the standards at forth in this Chapter with respect to the specific proposed exception shall be met, and that the general standards detailed herein shall be met or are not applicable: 1. That the specific proposed exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. .. That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood. 3. That establishment of the specific proposed excep- tion will not impede the normal and orderly develop- ment and improvement of the surrounding property for uses permitted in the zone in which such property is located. 4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 5. That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic'congestion in the public streets. 0. That, except for the specific regulations and stan- dards applicable to the exception being considered, the specific proposed exception shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. 7. That the proposed use shall be consistent with the short range Comprehensive Plan of the City. Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construction commencement and completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions, yards, parking requirements, the duration of a use or ownership, or any other require- ment which the Board deems appropriate under the circum- stances upon a finding that they are necessary to fulfill the purpose and intent of this Chapter. (3) Variances. To authorize upon appeal in specific cases such variances from the terms of this Chapter as will not be con- trary to the public interest, where owing to special condi- tious there are practical difficulties or particular hardships in the way of achieving strict compliance with the provisions of this Chapter. No variance to the strict application of any provision of this Chapter shall be granted by the Board unless the applicant demonstrates that all of the following elements are present: a. Not contrary to the public interest. (1) The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance. (2) The proposed variance will be in harmony with the general purpose and intent of this Chapter, and will not contravene the objectives of the Comprehensive Plan. b. Unnecessary hardship. (1) The property in question cannot yield a reasonable return if used only for a purpose allowed in such zone; and (2) The owner's situation is unique or peculiar to the property in question; it is not shared with other landowners in the area nor due to general conditions in the neighborhood; and (3) The hardship is not of the landowner's ow making or of a predecessor in title. Conditions. In permitting a variance, the Board may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construc- tion commencement and completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions, yards, parking requirements, the duration of a use or ownership, or any other require- ment which the Board deems -appropriate under the circumstances, upon a finding that they are necessary to fulfill the purpose and intent of this Chapter. (4) Interpretation. To interpret this Chapter in any case where it is alleged there is an error in any decision, determina- tion, or interpretation made by the Zoning Code Interpretation Panel or by the City Manager in cases where the Panel was unable to reach a decision regarding the meaning of the pro- visions of this Chapter. Interpretations rendered by the Board hereunder shall be binding upon the City Manager or his/her designee in the enforcement of this Chapter. (b) Petition of certiorari. Any person or persons jointly or severally aggrieved by any decision of the Board under the provisions of this Chapter, or any taxpayer, or any officer, department or board of the City may present to a court of record a petition duly verified setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the City Clerk. December 30, 1963 �79 �K f9 ORDINANCE NO. 83-3161 AN ORDINANCE ESTABLISHING THE CENTERLINE GRADES OF VENTURA AVENUE, TANGLEWOOD STREET, AND ST. ANNE'S DRIVE IN IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: The Elevation in feet above the City datum plane is hereby established for the folowing streets: Definitions: P.C. denotes the beginning of a vertical parabolic curve P.T. denotes the end of a vertical curve P.I. denotes the point of intersection of two street grade lines. A. Ventura Avenue West line of Tanglewood Street 123.38 212.1' West of west line of Tanglewood St., P.C. 125.26 412.1' West of west line of Tanglewood St., P.T. & P.C. 135.11 537.1' West of west line of Tanglewood St., P.T. 140.72 East line of North Dubuque St. 140.15 B. Tanglewood Street 255' South of the centerline of Ventura Avenue, P.I. 105.37 200' South of the centerline of Ventura Avenue, P.T. 110.15 Centerline of Ventura Avenue 124.00 175' North of the centerline of Ventura Avenue, P.C. 135.65 C. St. Anne's Drive 234.5' East of the centerline of Buresh Avenue 144.47 319.5' East of the centerline of Buresh Avenue, P.C. 150.76 419.5' East of the centerline of Buresh Avenue, P.T. 152.76 459.5' East of the centerline of Buresh Avenue, P.C. 151.40 659.5' East of the centerline of Buresh Avenue,P.T. 155.20 734.5' East of the centerline of Buresh Avenue, P.C. 160.60 859.5' East of the centerline of Buresh Avenue, P.T. P.C. 167.68 909.5' Fast of the centerline of Buresh Avenue, P.T. 169.51 West line of Prairie du Chien Road 171.44 V Passed and approved tJ 20th day of December, 1983. MAYOR ATTEST: � Xaa% CITY CLERK Reeeived E Approved By eLegal a 'tment 3-7-7 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 XXX Vote for passage: Second consideration XXX Vote for passage: Date published December 28, 1983 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET 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: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. 3-78 CITY OF CIVIC CENFER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-50100 I, Ramona Parrott, 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. 83-3161 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of Decenh,,- , 19 83 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 28th day of December , 19 83 Dated at Iowa City, Iowa, this 11thday of January ,19 84 Raplona Parrott,epi uty City Printers fee SLID 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 attached, was published in said paper � time(s), on the fol- io g datelsl: . a8 hier Subscribed and sworn to before me this __�_ day of A.D. 19 Y&. Notary Public No. 12L)/5.0 'tS OF FIC PUBLICATION Ce en, fi;-:161 AN ORDINANCE F TABLISHIW. THE CEIMnrNE GRADES OF VENTV AVENUE, TA,43L,rM STREET, AND ST. ANNE'S DRIVE IN ICN, CITY, IOWA. BE IT 01D 11ZD By THE CM COUNCIL OF IOM CITY, ICYA: The Elevation in feet above the City datum Plane is hereby established for the folowing streets: Definitions: P.C. denotes the beginning of a vertical Parabolic curve P.T. denotes the end of a vertical curve P.I. de.tes the point of intersection of two street grade linea. A. Ventura Avenue ikst line of Tanglewod Street 123.38 212.1' Wear of west line of Tangles St., P.C. 125.26 412.1' West of Lest line of Tang leL St., P.T. 6 P.C. 135.11 537.1' West of neat lire of Ta,gl-ood St., P.T. 140.72 East line of North Dubuque St. 140.15 B. TaNlewbcd Street 255' South of the centerline of Ventura Avenue, p.l. 105.37 200' South of the centerline of Ventura Avenue, P,T. 110.15 Centerlire of V&ntUra Avenue 124.00 175' North of the centerline of Ventura Avenue, P.C. 135.65 C. St. Anne's Drive 274.5 East o centerline of Bur esh Avenue 144.47 319.5' East of the centerline of Buresh Avenue, P.C. 150.76 419.5' East of the centerline of Buresh Avenue, P.T. 152.76 459.5' East of the centerline of Buresh Avenue, P.C. 151.40 659.5' East of the centerline of Duresh Avenue,P.T. 155.20 734.5' East of the centerline of Suresh Avenue, P.C. 160.60 859.5' East of the centerline of Suresh Avenue, P.T. P.C. 167.68 909.5' East of the centerline of Buresh Avenue, P.T. 169.51 West line of Prairie du Chien Road 171.44 Passed and approved this 20th 11-nber, 1983. YVih l,�l M01 14A NA aa/' aTTr c1,na 11287 December 28, 1983 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3162 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of December , 19 83 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 28th day of December , 19 83 . Dated at Iowa City, Iowa, thisllth day of January ,19 84 Ramo.ha Parrott, Deputy City Cork Printers fee BLU__ 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 atthe was published in said paper timels). on the fol. I o . g dot. j o /ge?, 3 Cashier Subscribed and sworn to before me C4 this _Y day of >`6 A. D. Is�Y. A i Notary Public N,. /3oi5? OFFICIAL PUBLICATION ORDINANCE NO. R: 11h_ AN ORDINANCE WrMLISNINc TNR ROCS OF ALLEY SLAB CRAM—IP BLOCR 6, LYON'S 2ND ADDITION, IN IOWA CITY. IOWA. BE IT CRBAINED By TIO: CITY OT)NCIL OF IOWA CITY, IONA: The elevation in feet above the City datun plane is hereby established for the following alleys: Definitions P.C. rotes the beginning of a vertical parabolic curve P.T. denotes the end of a vertical curve P.I. denotes the point of intersection of two alley grade lines A._North-Booth Alley in Block 6, Lyon's 2nd Icon. No�rt ITine of Bowry Street (Wast) 88.81 North lire of Bowery Street (West) 88.36 95' North of north line of Bowery Street (West) P.I. 89.75 120' North of north line of Bone[y Street (Fast) P.I. 90.21 270' North of north line of Bowery Street (West) P.I. 94.92 370' North of north line of Bowery street (east) 96.25 520' North of north line of Bowery Street (Nest) 96.44 520' North of north line of Bowery Street (Fast) 96.60 595' North of north line of Bowery Street (West) P.I. 96.08 620' North of north line of eot@ry Street (Fast) P.I. 94.70 681.5' North of north line of Bowery Street (East) P.I. 91.25 699.5' North of north line of Bowery Street (Fast) P.I. 90.79 720' North of north line of Bowery Street (Nest) P.I. 89.82 720' North of north line of Bowery Street (Fast) P.I. 89.55 745' North of north line of Bowery Street (West) P.I. 88.05 760' North of north line of Bowery street ,(rasp P.I. 87.75 770' North of north line of Bowery Street (West) P.I. 66.97 820' north of north line Of Bowery Street (Poet) 82.75 820' North of north lira of Bowery Street (West) 82.72 B.Rast-West-Ntest Alliin Block 6, Lb's 6, Lb's 2nd 2ndBlock Adel tlon P,asF-Tine of north -south alley (North). 90.79 East line of north -south alley (south) 91.25 40' East of east line of north- douth alley (South) 88.82 West line of Johnson Street (North) 83.37 West line of Johnson Street (south) 83.79 Passed and approved this 20th cur of Ik<anbeq 1983. 'yj Ofl l 11 )n /,II ASG/ MAYOR CIIfY CLFJa( 11266 December 28, 1903 ORDINANCE NJ.83-3162 AN ORDINANCE ESTABLISHING THE EDGE OF ALLEY SLAB GRADES IN BLOCK 6, LYON'S 2ND ADDITION, IN IOWA CITY, IOWA. 1 BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: The elevation in feet above the City datum plane is hereby established for the following alleys: Definitions P.C. enotes the beginning of a vertical parabolic curve P.T. denotes the end of a vertical curve P.I. denotes the point of intersection of two alley grade lines A.North-South Alley in Block 6, Lyon's 2nd Addition. North line of Bowery Street (East) 88.81 North line of Bowery Street (West) 88.26 95' North of north line of Bowery Street (West) P.I. 89.75 120' North of north line of Bowery Street (East) P.I. 90.21 270' North of north line of Bowery Street (West) P.I. 94.92 370' North of north line of Bowery Street (East) 96.25 520' North of north line of Bowery Street (West) 96.44 520' North of north line of Bowery Street (East) 96.60 595' North of north line of Bowery Street (West) P.I. 96.08 620' North of north line of Bowery Street (East) P.I. 94.70 681.5' North of north line of Bowery Street (Fast) P.I. 91.25 699.5' North of north line of Bowery Street (East) P.I. 90.79 720' North of north line of Bowery Street (West) P.I. 89.82 720' North of north line of Bowery Street (East) P.I. 89.55 745' North of north line of Bowery Street (West) P.I. 88.05 760' North of north line of Bowery Street (East) P.I. 87.75 770' North of north line of Bowery Street (West) P.I. 86.93 820' north of north line of Bowery Street (East) 82.75 820' North of north line of Bowery Street (West) 82.72 �7 B.East West Alley in B 6. Lyon's 2nd Addition East line of north -south alley '(North) 90.79 East line of north -south alley (South) 91.25 40' East of east line of north - south qlley (South) 88:82 West lide of Johnson Street (North) 83.37 West line of Johnson Street ( South) 83.79 Passed and approved this 20th day of December, 1983. "I/1.1 MAYOR ATPEST: CITY CLERK Recelvad A Approved Sy the legal Da art nt r � It was moved by Balmer , and seconded by M nonnid that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL x LYNCH x MCDONALD x_ NEUHAUSER x_ PERRET First consideration Vote for passage: Second consideration Vote for passage: XXX Date published December 28, 1983 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: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. 3g � ORDINANCE NO. 83-3163 AN ORDINANCE AMENDING ARTICLE IV, DIVISION 2 OF CHAPTER 14 OF THE CITY CODE (THE ENABLING ORDINANCE OF THE CITY'S BROAD- BAND TELECOMMUNICATIONS FRAN- CHISE.) SECTIO] 1. PURPOSE. The purposes of this ordinance are to clarify the conditions of required extension of the broadband telecommunications network by the grantee, to specify the depth of burial of under- ground cables, to require 24 hours notice to. the grantee from any persons intending to perform construction work in certain areas where grantee's facilities are located, to revise the schedule for the filing of various reports and payments by the grantee to the City, to correct some reference numbers in the provisions for rate increase requests, and to provide a cost formula for the offering of basic service to certain dwelling units to which access was not reasonbly available. SECTION II. AMENDMENT: Article IV, Division 2 of Chapter 14 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby revised as follows: 1. Section 14-61 is hereby amended by adding the following new definitions: Sec. 14-61. Definitions. "Contiguous" shall mean abutting or within two hundred (200) feet. "New housing area" shall mean any area containing any newly con- structed, rehabilitated, or restored residential or commercial unit which did not exist prior to April 19, 1979. 2. Subsections 14-72(a), (b), (c), (d), and (e) are hereby repealed and substituted in their place are the new subsections 14-72(a), (b), (c), (d), and (e): Sec. 14-72. Reports and records of the grantee. Ordinance No.83-3163 Page 2 (a) Annual financial reports required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it is accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, two (2) copies of: (1) The report to its stockhold- ers; (2) An income statement identifying revenues, expenses and income applicable to its operations under said franchise during the fiscal year or fraction thereof and; (3) A listing of its properties devoted to network operations together with an itemization of its investment in each of such properties on the basis of original cost, less deprecia- tion. These reports shall include a balance sheet,, listing of substantial liabili- ties and financing arrangements and such other reasonable information as the city may request, and shall be certified by a certified public account. (b) Annual facilities report required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, two (2) copies of a total facilities report setting forth the total Physical miles of plant installed or in operation during the fiscal year and a map showing the location of same. (c) Annual service record report required: The grantee shall, if requested by the city, file annually with the city clerk not later than three (3) months after the end of its 393 Ordinance No. 83-3163 Page 3 fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, two (2) copies of a list of all trouble complaints and network "downtime" received or experienced during the fiscal year. All such submitted data shall also include complaint disposi- tion and response time. For the purposes of this provision, certified copies of a "complaint" logbook reflecting all such incidents will suffice. Also, if requested by the city, uncertified additions to the annual catmplaint log shall be supplied in two (2) copies to the city at intervals of not more than ninety (90) days following the filing of the annual report. (d) annual measurements report required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year two (2) copies of a report on the network's technical measurements, as set forth herein. (e) Annual operations reports required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year two (2) copies of the following supple- mental information: (1) If a nonpublic corporation, a list of all current sharehold- ers and bondholders both of record or beneficial. If a public corporation, a list of all shareholders who individu- ally or as a concerted group hold three (3) percent or more of the voting stock of the '39Y Ordinance No. 83-3163 Page 4 corporation. (2) A current list of all grantee's officers and directors includ- ing addresses and telephone numbers. (3) Copies of all pertinent agreements or contracts, including pole use agreements, entered into by the grantee during the fiscal year in the conduct of its business under a franchise granted hereunder. (4) The names and both business and residential addresses and phone numbers of the broadband telecommunications network resident manager and engineer. (5) Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be filed with the city. (6) Copies of all rules and regulations promulgated by the ti grantee during the fiscal year in the conduct of its business in accordance with the provi- sions of section 14-67 hereunder. (7) A copy of the annual report(s) of the parent firm(s) which own an interst of more than three (3) percent or more of the voting stock of the grantee; and such other annual report(s) of subsidiaries or divisions of the parent firm(s) as the city deems necessary. 3. Subsection 14-73(d)(1) is hereby repealed and substituted in its place is the new subsection 14-73(d)(1): Ordinance No. 83-3163 Page 5 (d) Method of computation; inter- est: (1) Sales taxes or other taxes levied directly on a per subscription basis and collected by the grantee shall be deducted from the local annual gross revenues before computation of sums due the city is made. Payments due the city under the provisions of subsection (c) above shall be computed annually as of December 31 for the preceding year and shall be paid annually within three (3) months after said date at the office of the city clerk during the city clerk's regular business hours. The payment period shall commence as of the effective date of the franchise. The city shall be furnished a statement with each payment, by a certi- fied public accountant, reflect- ing the total amounts of annual gross revenue and the above charges, deductions and computa- tions, for the annual payment period covered by the payment. 4. Subsection 14-76(g)(3) is hereby repealed and substituted in its place is the following new subsection 14-76(8)(3): (3) Review of rates: The broadband telecommunications commission shall review the grantee's schedule of fees, rates or charges upon application by the grantee as herein provided or at any time on its own motion. The commission shall submit such schedule and any contemplated modifications thereof, together with its recommendations, to the city council as expressed in such a resolution. The city council may reduce or increase such fees, rates or charges adopted for this purpose and no change in the grantee's schedule 3g6 5. 6. Ordinance No. 83-31 -1 Page 6 of fees, rats or charges shall be effective without prior action of the commission and the approval of the council. No such resolution shall be adopted without prior public notice and opportunity for all interested members of the public, including the grantee, to be heard, subject to the procedures set forth in Section 14-64(b). No change in rates shall take effect until thirty (30) days after the approval of the rates by the city council. Section 14-76(g)(5) is hereby repealed and in its place is substi- tuted the following new Section 14-76(g)(5): (5) Records to be made available: In addition, for the purposes of determining the reasonableness of grantee fees, rats or charges, all such information, in accordance with' the provi- sions of Section 14-72(i), shall be made available to the city. Section 14-78(b)(1) is hereby repealed and substituted in its place is the new Section 14-78(b)(1): (b) "Extension of network within city boundaries": (1) Conditions of required exten- sion: The grantee shall at its expense extend its broadband telecommunications network so as to provide full network service to all potential subscribers in:. a. Newly annexed areas of the city contiguous with an area served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service. b. Newly annexed areas of the city non-contiguous with an area served by or required 387 Ordinance No. 83-3163 Page 7 to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service when the annexed area contains at least twenty (20) potential subscribers per plant mile including interconnecting trunk. c. New housing areas developed within the city limits and contiguous with an area served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service. d. New housing areas developed within the city limits and non-contiguous with an area. served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service when the housing area contains at least twenty (20) potential subscribers per plant mile including interconnecting trunk. e. Any resident dwelling within the city limits and within two hundred (200) feet of an existing network as soon as possible but in no event later than thirty (30) ays after the first request for service. 7. Subsection 17-79(e) is hereby repealed and substituted in its place is the new subsection 14-79(e): (e) Provisions of basic service: Within thirty-six (36) months of the effective date of FCC certification, the grantee shall have placed in use sufficient distribution facilities so as to offer basic service to one •. Ordinance No. 83-3163 Page 8 hundred (100) per cent of the dwelling units in the service area to which access is legally and reasona- bly available. For any dwelling unit existing in the service area on the effective date of FCC certification which has not been offered basic service within thirty-six (36) months of said date because access is not reasonably available, upon request the grantee shall provide basic service as soon as possible to said unit pursuant to the following cost formula: said service shall be provided at the grantee's expense when the cost is three (3) or less times the average cost to the grantee to provide basic service to an Iowa City subscriber; additional costs beyond said amount required to be borne exclusively by the grantee shall be shared on an equal basis by the grantee and subscriber up to the next one thousand dollars ($1,000); all additional costs beyond those previously stated herein shall be borne at the rate of ninety (90) percent by the grantee and ten (10) percent by the subscriber; in all cases, the subscriber requesting said service shall pay the grantee any amount due in advance. 8. Subsection 14-85(f) is hereby repealed and substituted in its place is the new subsection 14-85(f): (f) Method sof installation: All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and in a manner consistent with the trade. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in a parallel and bundled, with due respect for engineering and safety considera- tions. All installations shall be underground in those areas of the Ordinance No. 83-3163 Page 9 city where public utilities providing telephone and electric service are underground at the time of installa- tion. In areas where telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground provided that at such time as those facilities are required to be placed underground by he city or are placed underground, the grantee shall likewise place its services underground without addi- tional cost to the city or to the residents of the city other than as may be granted under the provisions of section 14-76. All underground installations of wires and cable shall be buried at least twelve (12) inches below ground. 9. Subsection 14-85(g) is hereby repealed and substituted in its place is the new subsection 14-85(g): (g) Protection of facilities: Nothing contained in this section shall relieve any person, company or corporation from liability arising out of- the failure to exercise reasonable care to avoid injuring the grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. Any person, company or corporation intending to perform any of the above-described work in an area where grantee's facilities are located shall notify grantee at least twenty-four (24) hours prior to performing said work. 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 Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance 39n Ordinance No. 83-3163 Page 10 as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordi— nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 20th day of December, 1983. n l- y�,, MAYOR ATTEST: li%a.�,�d 9('/ ' . %�anizi CITY CLERK Rbc9bmd A Ap, rt &I TM Legal Deparnn nt 391 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 DICKSON 7— ERDAHL -71--- LYNCH x MCDONALD x NEUHAUSER _x PERRET First consideration 11/22/83 Vote for passage: Ayes: McDonald, Balmer, Dickson, Lynch, Neuhauser, Perret. Nays: None. Absent: Erdahl. Second consideration 12/6/83 Vote for passage: Ayes: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. Absent: Erdahl Date published December 28, 1983 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, 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. 83-3163 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of December , 1983 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 28th day of December , 1983 Dated at Iowa City, Iowa, this 11th day of January ,1984 Ralhona Parrott, Deputy City Clerk 09 Printers fee S / �' - CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN I. — -- — Bronwyn S. Van Fossen, being dulc 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 __ 542-, _ timelsl, on the fol- low'ng date(sl: a�, X983 Cashier rthis�Y_ nd sworn to before me of'?I,-_ . A. D. 19 J, I/ J Notary Public No. OFFICIAL PUBLICATION LIMP M No. 83-3161 AN OimItW= A'¢2MIM AIOTCLZ Ip, OIVLSIW 2 OP CHAP= 14 Of 196 CITY Crfle CM n'mBLni (M2WiZ OF THE CITY'S 8RIA atm TELEDO NICATICtS PPAN- Crass. ) 56CLICN 1- PORf'C66. •ina purposes of this o mms are w clarify the conditions of required exteneicu , of the broaibard telecOMMmicationr network by the grantee, W specify the depth of burial of under- ground cables, to require 24 hours notice to the grantee from any perces intending to perform construction work in certain areas where grantee's facilities are lasted, to revise the schedule for the Ming of various reports and payments try the grantee to the City, to correct ase reference rushers in the provisions for rate increase requests, and to provide a cost formula for the offering of basic service to certain dwallieg units to which a¢eas was rot reesonbly available. 0=061 II. : Article IV, Dives02 f Chapter 14 of the Code of ordinances of the City of Iowa City, Iso, is hereby revised as follower 1. section 14-61 is hereby amended by adding the following saw definitiore: See. 14-61. Definitions. 'Contiguous' shall mean abutting or within two hundred (200) feet. New housing area" *all man my arm containing awry newly cm- atructed, rehabilitated, or restored residential or rssseercial unit which did not exist pehor to April 19, 1979. 2. Subsections 14-72(a), (b), (c), (d), and (e) are hereby repealed and substituted in their platy are the new, stibeectlaa 14-72(a), (b), (c), (d), and (a)i Sec. 14.72. Paports and records of the grantee. (a) Annual financial reports requirsdt The grantee shall file annually with the city clerk rot Later than three (3) sonths after the and of its fiscal year during which it is accepted a franchise hereunder and within four(4) mtathe after the and of each subsequart fiscal year, two (2) copies oft (1) The report to its stmcklold- eral (2) An ins statexerc identifying An expenses and inoon, applicable to its operations under said franchise during the fiscal year or fraction thereof and, (3) A listing of its properties dsvotsd re ner a,,k operations together with an itemirstion of its In eactent in each of such properties m the basis of original cost, less deprcia- Lim. These retorts shall include a balance sheet, listing of substantial Llablli- ties and financing arrangenents and such other reasonable information as the city may request, and shall be certified by a certified puhlic a.mmt. rob Annual facilities report required: "IIA grantee mall file anally with the city clerk rot later than three (3) eonNe after the end of its fls l year during hAlrh OFFICIAL PUBLICATION it accepted a franchise hereunder and within four (4) euntha after the end of each subsequent fiscal year, two (2) copies of a total facilities report setting forth the total physical miles of plant installed or in operation during the fiscal year and a sip showing the location of sees. (C) Actual service record report required. The grantee shal>, if regasted by the city, file annually vim the city clerk rot later than three (3) soothe after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) moms after the end of sari sApegent fiscal year�auC2) µ! copies of a list COPP oapplaints and network 'downtim- received or experienced during the fiscal year. All such suiaitted data *all also irclyde eaplaint disport - tion and response tier. For the purposes of thha provision, certified spies of a -complaint- logbook reflecting all such incidents will stiff lost. Also, if requested by the city, uncertified additions to the annual esplaint log anal be applied in two (2) copies to the city at intervals of rot core than ninety (90) days following the filing of the annual report. (d) annual meaeucemenb report required: The grantee shall file anally with the city clerk rot later than three (3) mhnths after the end of its fiscal year during ahlch it accepted a franchise hereunder and within face (4) menthe after the end of each subsequent fiscal year two (2) spies of a report on Me network's tachavital meaaurenenrca, as set forth herein. (e) Annual operatlone reports required. The grantee shall file annually with the city Clerk not later than three (3) menthe after the end of its fiscal year duri q which it amgrtul a franchise hereunder and within four (4) metre after tee and of each subsequent fiscal year two (2) copies of the fallowing n{pla- eental infai'metion: (1) If a nxpuhlic corporation, a list of all current sharehold- ___._ — ffi � beth ne —>I2131D 'w dSusaw BuiplIlnq liatil Adwa°sw WS SJNVIIVM sanbyud y ..sanbi;ud wednesday, December 2B, IYB-Iowa City Prw*c Hain -3D OFFICIAL PUBLICATION OFFICIAL PUBLICATION Q amerce as of the effective is the new subsection 14-79(e)s o data of the fraenzae. ]hes city (a) Provisions of basic Service: Shall be furnished a statement Within thirty-six (36) months of the with each payment, by a eaxti- effective date of POC ea[tifieation,. Lied public accountant, reflect- the grantee &tall have plata in use • ing the total amounts of annual m0firient distribution Facilities ee gross cevenue, and the above as to of far basic service to ons charges, deductions and a>$uta- hundred (100) Per cent of the [Sens, for the annual payment d,,4i g units in the Service area to r.. period covered by the psymnt, which access is legally and reasona- 4, Subsection 14-76(9)(3) is ha[eyy bly available, repealed and m*Stituted in its place For any dwelling unit existing in is the following new avteaction ' 14-76(g)(3)% T9a—mrvice was on 'the effective (31 Review of rates% 1bn broadband data of PCC esrtificetlon Which has e®SSelon taleemeeeview not been offered basic Service within t review the thirty-six (36) sonthe of said date schedulshall rates r of fees, ratty he _ Is act �l. chug" by the edmtm � rauuSet the tete pcatide sheupon herappoin or grantee as brain Seely provide basic Service ee s m I own notid he Gime on its awn rmtirn. as possible to said unit pursuant to "e ar>o3ss1m ebbe]-1 submit sxh such the following cost forerla% said schedule and ary Santa Iplatad. Service mhaLl be provided at the Woditlratims thereof, together grantee's expense when the cost is with its re aaendations, m the three (3) or less tic the averago city coaoll ss expressed in cost to the grantee w provide basic ' Much a resolution. Thecity Service to an Iowa City subscriber; icxaoil ray reduce or increases additional om" bred said ascot such fees, rates or charges ryufred to be borne exclusively by ' adopted for this p+rpos and no the granas shall be sharedon an change in the grantee's schedule malheals by the grantee and subscriber up to the next one of fees, rats or charges atoll 1b ....d m13a{s (61,000); all be effective without prior additional coats beyond those action of the ®ission and the pravfoualy stated herein shall be approval of the cwn:il. borne at the rate of. 'ninety (90) ' No such resolution shall percent by the grantee and ten (10) u be adcpted without prior public percent b4' the subscriber; in all rotice and opportunity for all cash, the suhscriber requesting said Interested carters of the Service Shall pay the grantee any Public, including the grantee, aront due in advance. to be heard, subject to the. S. Subsection 1d-85(fI is hereby procedures set forth in Section repealed aro mmatituted in its place 14-64(b). No clo ge in rates is the new subsection 14-8511): • shall take effect until thirty (f) Method 'of installation: ALI (30) days after ane approval of wires, tables, amplifiers and athar the carps by .the city muntil. property shall be constructed aro 5. Section 14-76(g)(5) is hereby installed in an orderly and 1n a I repealed and in its place is suhvti- mamar consistent with the trade. All toted the following new Section cables and rites shall be installed ' 14-76(9)(5): W-11-1 with existing telephone and I (5) Neobrda to be made available. In electric rices whenever Possible. addition, for the purposes of Multiple table configurations shall ' determining the reatouablenuess be arranged in a tat -11-1 and of grantee fees, rata or bundled, with due respect for charges, all such information, engineering - and Safety ca lidera in accordance with the prwi- turns, All imtallatios call be eine of Section 14-72(1), shall undecgraad in those arty of the be made available to the city. city where. Public utilities providing ,6. Section 14-78(6)(1) is hereby telephone and electric service ace repealed and substituted in its place underground at the tion of i stalla- ' is the new Section 14-78(b)(1)t tion. In meas where teleFeor: or (b) •raGnalon of network within alectric utility facilities ace above city bou daries's .(1) Caditlons of requited extern- ground at the time of installation. sionn The grantee shall at its the grantee may install ire service expense extend its broadband above ground provided that at such telc�ahicetione network on as thee, as those facilities are required to provide full network seryl® to be placed underground by he city ' to all potential. suhsccibecs or ata Placed underground, the grantee shall likewise place its in% a. Newly annexed meas of the Services u dergrou d without addi- u city contig ova with an mea tional met to the city O[ to the served by or requited to be residents of the city other than as Sewed by an existing may be granted under the Provisions n[wcrk es assn as possible of section 14-76. All underground instellations of wires and rahle but in no went later than aha11 be burl at least twelve (12) six (6) months after the lncbea boles ground. , first request for cervica,. 9. Subsection 14-.85(g) in hereby b.. Newly annexed meas of the repwl d and substituted in its plata city nat•mntigues with an te this new SUbS&=tim 14-85(9)2 mea served by on required :„n protection of facilities: to be served by an misting contained in this Section network an Soon as possible -hall relieve any person, asupany or but hes no event later than corporation frce liability arising six (6) months after the out of the failure to exercise first request for service reasonable rale to avoid injuring•the ( wean the annexed man grantea'e facilities while performing contains at least twenty any work causcted with grading. (711)' potential subscribers regrading or charging the line of any per plant Mile including street or public plata or with the inmroonweeting trunk. mnauuttfon or reconstruction of awry c. New housing mate developed sewer or rates eystee. Any person, within the city limits and c�n� mtpo to ;the onabove-dmeribed ' contiguous with an mea an of Served tri' or required th be work in an nee Mate grantee's served by an existing facilities me located shall robin network as Soon as possible grantee at least twenty -hour (24) but in no event later than hors prior to performing mid. week. r six (6) combs after the �; vecvansa, All Ordinance{ first rest far rvice. request se u. a? ordinancm in conflict with d. New hosing USAS developed the prwisim of this ordinance ms hereby within the city limits and rte. non-contiguous with an mea'., N. SEVEM9,=; Ir any served by or requited to he -try on, pew n or pert of the Ordi- M. - served . an existing nance ehsli be adjudaad to be iu:valdd ox u network as sen as possible unounatitutiOmi, sued adjudication aha11 but in no event Later than not affect the validity of the Ordimn> six (6) months after the as a Male or any-ectien# pxwision or first request for service part thereof rot adjudged invalid or when the Musing mea unconstitutional.cautnira at least twenty S=CN V. MFFF1'1TVE DA=1 This Ord4- .(20) potential subscribers +arum shall be in effFR after its final Tr plant mile Including passage, appcwal and publication as nwoonnecting trunk. required by law. e. Any resident dwelling within Passed and approved this 20th day of the City lisps arc within Decaber, 1983. hm hundred (200) fast of,an existing network as soon as, possible but in no event later than thirty (30) aye after the first request fon: Serves.' AT=, —G,6e.nelen_1].]eref _fa—brebw---� -