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HomeMy WebLinkAbout1985 Ordinance Book ORDINANCE BOOK BOOK 25 3220 - 3237 PAGE ORD. # TITLE DATE 1 - 3 3220 Amending Sections 15-48 $ 15-62(A) relating 1/15/85 to Refuse Collection 4- 9 3221 Amending Section 23-189 Change Speed Limits on Parts of Melrsoe Avenue 10- 14 3222 Partial Exemption from Property Taxes for In- 1/22/85 dustrial Properties on which improvements have been made 15- 21 3223 Amending Ord. 84-3166, Iowa City Plumbing Code 1/29/85 22- 23 3224 Vacating Alley abutting north line of Blk. 4, 2/12/85 Lyon's First Addition 24- 26 3225 Changing use regulations of property 1500 blk. 2/26/85 east side of S. Gilbert Street 27- 45 3226 Amending the Zoning Ord. Sign Regulations 3/12/85 46- 63 3227 Amending City Charter to clarify meaing of certain provisions E conform certain terms and provisions to the State Code 64- 65 3228 Amend City Charter w/respect to Campaign Finance Disclosure 66- 78 3229 Adopting 1984 Edition of National Electrical Code 79- 81 3230 Amending the Zoning Ord. re: Izaak Walton League 4/9/85 property 82- 85 3231 Approving amended PHD Plan of Ty'n Cae Subd. , 4/9/85 Part III. 86- 89 3232 Amending Section 18-44 by adding subsection (h) 4/9/85 providing for judicial review of actions of the Human Rights Commission 90-97 3233 Amending Chapter 4 of the Code of Ordinances 5/7/85 by adding new Article V entitled "Self-Fueling Regulations." 98-100 3234 Amending Section 31-10 of the Code to designate 5/14/85 the location within the City where certain surface materials within the street right-of-way are prohibited. 101-107 3235 Amending Section 23-189 of the Municipal Code of 5/21/85 Iowa to Change Speed Limits on Parts of Scott Blvd. 108-110 3236 Amending Section 23-161 of the Code of Ordinances of the City of Iowa City, Iowa. 111-121 3237 Amending Article II of Chapter 31 of the Code by repealing said article II and substituting in its place a new article II of Chapter 31, which includes new section 31-38 "Exemption." ORDINANCE BOOK BOOK 25 3238- 3242 PAGE ORD. # TITLE DATE 122-123 3238 Change Name of Highlander Drive to North- 6/4/85 gate Drive 124-297 3239 Amend Zoning Ordinance F, Map 298-300 3240 Amend Zoning Ord. property in Melrose Area 301-303 3241 Amend Zoning Ord. property in Melrose Area 304-306 3242 Repeal Ord. 84-3184 PDH Plan Hunters Run Subdivision Parts 2 $ 3 ORDINANCE BOOK BOOK 26 3243 - 3261 PAGE ORD.# TITLE DATE 307-308 3243 Revising Chapter 2, Div. 4, Full-Time City Atty. 6/18/85 309-314 3244 Amending Chapter 35 to allow Horse-Drawn Vehicle 6/26/85 Service in City 315-321 3245 Amending Chapter 24, Article VI (Nuisances) by 7/16/85 adding standards $ procedures for the abatement of inoperable/obsolete vehicles. 322-324 3246 Amending Chapter 31 of the Code by adding new section 31-11, prohibiting the deposit of dirt, mud, or other debris on public right-of-way. 325-327 3247 Amending Section 4-1 of the Code of Ordinances 7/30/85 to exempt hot air balloons from the prohibition of operating at an altitude of less than 1000 feet over the City. 328-330 3248 Amending Section 8-82 of the Code of Ordinances to Clarify a Standard Relating to Issuance of House Movers Permits. 331-333 3249 Amending the Zoning Ordinance, Flood Hazard Overlay 8/13/85 Zones, To Provide For the Adoption of Revised Flood Maps and A Flood Insurance Study. 334-336 3250 Amending the sign regulations of the zoning ord. 8/27/85 to permit facia signs to cover 15% of the sign wall area. 337-339 3251 Amending City Code Chapter 26 relating to peddlers and solicitors to provide procedures for appeal of denial or revocation of such permits. 340-341 3252 Amending Zoning Ord. Definitions of High-Rise 9/10/85 and Low-Rise Dwellings. 342-344 3253 Amending the Zoning Ordinance Sign Regulations. 345-346 3254 Amend. LSRD Regulations, Chapt. 27 9/17/85 347-350 3255 Amend. Procedures for approval of Planned Develop- ment Housing Overlay (OPD-H) Plans 351-360 3256 Amend. Zoning Ord. for Portions of Lots 7 4 8 Blk. 1 Braverman Center, from RM-12 to CC-2 361-363 3257 Nuclear Fee Iowa City Ordinance 9/24/85 364-366 3258 Vacating portion of Peterson Street Right-of-Way 10/22/85 adjacent to the Proposed Vista Park Village Subdiv. 367-369 3259 Auth. P&R Dir. to establish traffic & parking regs in parks and playgrounds. 370-373 3260 Amend. zoning ordinance to permit the issuance of 11/19/85 temporary certificates of occupancy in certain circumstances. 374-377 3261 Establishing research-service facilities, warehouses, & distribution centers as eligible for partial exemption from property taxes. • ORDINANCE BOOK BOOK 26 3262 - 3273 PAGE ORD. NO. TITLE DATE 378-381 3262 Amend. zoning ord. by changing the use regulations 12/3/85 of certain property located northwest of Mall Dr. 382-383 3263 Amend. Section 15-65 of Code to establish fees for residential solid waste collection. 384-386 3264 Amend. City Code - River Regulations 387-388 3265 Amend. Chapter 2, Article II of City Code by amending Section 2-20 to provide some flexibility in setting the date for the City Council Organizational Meeting. 389-390 3266 Amend. zoning ord. adopted by Ord. 85-3239, to 12/17/85 permit photographic studios in the CO-1 Zone. 391-401 3267 Amend. zoning ord. to establish a Research Development Park (RDP) Zone. 402-404 3268 Amend. powers of the Historic Preservation Comm. in the Historic Preservation Ord. 405-407 3269 Ord. establishing Planned Development Housing (ODPH-8) on 7.44 acres for Melrose Lake Apts. located on Woodside Dr. extended. 408-409 3270 Amend. Section 23-255 of City Code to increase the fine for certain Parking Violations. 410-411 3271 Establishing a Special Elevation F, Grade for certain sidewalks in Iowa City, Iowa. 412-413 3272 Establishing a Special Elevation 8, Grade for certain Alleys in Iowa City, Iowa. 414-415 3273 Amend. City Charter to Allow Eligible Electors to sign Council Nominating Petitions. ORDINANCE NO.85_3220 AN ORDINANCE AMENDING SECTIONS 15-48 AND 15-62(A) OF THE CITY CODE OF ORDINANCES, RELATING TO REFUSE COLLECTION, TO LIMIT PLACEMENT OF REFUSE CONTAINERS AND TO CLARIFY THAT ONLY COMBINATIONS OF FOUR OR FEWER DWELLING UNITS WILL RECEIVE REFUSE PICKUP SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I . PURPOSE. The purpose of this Ordinance is to prohibit commercial solid waste containers (e.g. , dumpsters) in front of buildings, and to clarify the City's refuse collection requirements to provide that the City's residential refuse collection service will only be provided to aggregations containing four or fewer dwelling units; SECTION II . AMENDMENTS. Chapter 15 of the Iowa City Municipal Code entitled "Garbage, Trash and Refuse" is hereby amended as follows: A. Section 15-48 is hereby repealed and the following is adopted in lieu thereof: Section 15-48. Same - location. Residential solid waste containers shall be stored upon private property. Commercial solid waste containers shall be stored upon private property unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site shall be well- drained; fully accessible to collection equipment, public health personnel and fire inspection personnel . Except as provided in Section 15-62(d) , commercial solid waste containers shall not be placed in the area between the building and the street right-of- way. Also, containers located within fifty (50) feet of a street right-of-way must be screened from view from such right-of-way. Ordinanc ).85-3220 Page 2 B. Subsection 15-62(a) is hereby repealed and the following is adopted in lieu thereof: (a) Residential : four or fewer dwelling units. Once per week, as reasona- bly possible, the City shall collect all resi- dential solid waste resulting from the opera- tion and maintenance of four (4) or fewer dwelling units. For purposes of this Chapter, (1) two (2) rooming units shall be deemed the equivalent of one dwelling unit. (2) any aggregation of more than four (4) apartment, townhouse, condominium or cooper- ative dwelling units on one lot, or on contiguous lots, shall be deemed to be a multiple housing facility with more than four dwelling units, regardless of whether or not such units are under one roof or are jointly owned, operated or maintained. This residential solid waste collection shall be mandatory, and private collection shall not be allowed. The city may establish a reasonable fee for this service by resolution. Home busi- nesses otherwise meeting the requirements of this subsection shall also receive residential solid waste collection service provided that the residen- tial use is the primary use, and further provided that there shall be no sign on the premises concerning the business use larger than one square foot in area. The director may OrdinancE 8S-3220 Page 3 exempt qualifying dwellings from the operation of this subsection if he/she finds that the solid waste from the dwelling is being collected along with commercial solid waste from an abutting establishment, when the dwelling and the establishment are part of one complex of buildings serving a unified purpose. 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 this15th. day of January, 1985 MAYOR ATTEST: ' 1C 7' CITY CLERK Er The L 443.tseri 3 It was moved by Zuber , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO Y BAKER __ _ DICKSON _ _ EROAHL _ _ MCDONALD _X_ STRAIT _X__ ZUBER First consideration 12/4/84 Vote for passage:Ayes: Dickson, Erdahl, McDonald, Strait, Ambrisco, Baker, Nays: None. Absent: Zuber. Second consideration 12/18/84 Vote for passage Ayes: Dickson, Erdahl, McDonald, Strait, Zuber Ambrisco, Baker . Nays: None Date published January 23rd. , 1985 CITY OF IOWA cliy 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. 85-3220 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of January , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of January , 19 85 . Dated at Iowa City, Iowa, this 30th day of January ,19 85 Ra na Parrott, Deputy City Clerk 1 r OFFICIAL PUBLICATION �© ORDINANCE NO B5- 3.720 AN ORDINANCE AMENDING SECTIONS 15-49 AND y/� 15-62(A) OF THE CITY 100E OF ORDINANCES, Printers fee / RELATING TO REFUSE COLLECTION, TO LIMIT PLACEMENT OF REFUSE CONTAINERS AND TO CLARIFY EHAT OY COMBINATIONS OF FOUR SECERTIFICATE OF PUBLICATION FEWER DWELLING UNITS WILL RECEIVE REFUSE STATE OF IOWA, Johnson County,ss: PICKUP SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF IOWA THE IOWA CITY PRESS-CITIZEN CITY, IOWA: SECTION I. PURPOSE. The purpose of this OrdinanLe is to prohibit commercial solid waste containers (e.g., dumpsters) I, in front of buildings, and to clarify the City's refuse collection requirements to Bronwyn S. Van Fossen, being duly provide that the City's residential refuse sworn, say that I am the cashier of the collection service will only be provided to aggregations containing four or fewer IOWA CITY PRESS-CITIZEN, a news- dwelling units; paper published in said county, and that SECTION II. AMENDMENTS. Chapter 15 of a notice, a printed copy "Ge awo City Municipal Code entitled of which is "Garbage, Trash and Refuse' is hereby hereto attached, was published in said amended as follows: A. Section 15-48 is hereby repealed paper time(s), on the fol- and the following is adopted in lowing date(s): lieu thereof: Section 15-48. Same— location. Residential solid waste containers shall be stored upon Private prCP73` //J/ nperty. 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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 Melrose Avenue as determined by the engineering studies conducted by the Traffic Engi- neering Division. SECTION II . AMENDMENT. Section 23-189 is hereby repealed and the following new Section 23-189 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 limits 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 Keswick 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 limits southbound south to a point eight hundred (800) feet north of the intersection of Foster Drive. • Ordinance 135- 3221 Page 2 First Avenue 25 From the intersec- tion of Bradford • Drive south to the intersection of U.S. Highway 6. • Gilbert Street 30 From the intersec- tion of Burlington to the intersection of Highway 6. Gilbert Street 25 From the intersec- tion with Highway 6 to a point two thousand one hundred (2,100) feet south of said intersec- tion. 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: 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. 5 OrdinancE g5_3221 Page 3 Iowa Highway 1 25 From its inter- (Burlington St.) section with Highways 218 and 6 • to a point 150 feet east of Van Buren St. Iowa Highway 1 45 From the intersec- tion 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 intersec • - tion with Emerald Street west to the west city limits. Mormon Trek 35 From the intersec- tion 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. Park Road 25 From the intersec- tion with Rocky Shore Drive east to the intersection with North Dubuque Street. Rochester Avenue 35 From the intersec- tion with First Avenue east to the city limits. Rohret Road 35 From the intersec- tion with Mormon Trek Boulevard west to the City limits. b Ordinance , 85-3221 Page 4 Sycamore Street 30 From the intersec- tion with U.S. Highway 6 south to Gleason Avenue. Sycamore Street 30 From the intersec- tion with Burns Avenue south 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 intersection 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. 7 Ordinance $5=4221 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 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 15th. day of January, 1985. / M' OR ATTEST: Y � -K. CITY CLERK Received G A,pprovod By The Legg Department ��(�1— S It was moved by Zuber , and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER DICKSON • ERDAHL MCDONALD STRAIT ZUBER • First consideration 12/4/R4 Vote for passage: Ayes: Erdahl, McDonald, Strait, Ambrisco, Baker, Dickson Nays: None Absent: Zuber Second consideration 12/18/84 Vote for passage Ayes: Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson Nays: None Date published January 23rd. , 1985 • • 1 CITY OF IOWA 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. 85-3221 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15tday of January , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of January , 19 85 . Dated at Iowa City, Iowa, this 30thday of January ,19 85 ` " CG'“ Kamona Parrott, Deputy City Clerk ,„ z4. (.5 - 3 z/ / 49y 4.1 OFFICIAL PUBLICATION OFFICIAL PUBLICATION 74 ORDINANCE NOBS-3221 to , , two Q . thousand one hundred Printers fee$epd AN ORDINANCE'AMENDING SECTION 23-189 OF (2,100) feet south THE MUNICIPAL CODE OF IOWA CITY TO CHANGE of said intersec- SPEED LIMITS ON PARTS OF MELROSE AVENUE. tion. CERTIFICATE OF PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF IOWA Gilbert Street 35 Fran a point two STATE OF IOWA, Johnson County,ss: CITY, IOWA: thousand one hundred SECTION I. PURPOSE. The purpose of this (2,100) feet south THE IOWA CITY PRESS-CITIZEN ordinance is to amend Section 23-189 of of the intersection the municipal code of Iowa City to reflect with Highway 6 to a changes in the speed limit of Melrose point three thousand Avenue as determined by the engineering nine hundred (3,900) studies conducted by the Traffic Engi- feet south from said I, nearing Division. intersection. SECTION II. AMENDMENT. Section 23-189 is Bronwyn S. Van Fossen, being duly hereby repealed and the following new Iowa Highway 1 55 From the city limits sworn, say that I am the cashier of the Section 23-189 is adopted in lieu thereof: east to a point IOWA CITY PRESS-CITIZEN, a news- Sec. 23-189. Exceptions to speed eight hundred (800) feet west of the paper published in said county, and that Upon the basis of an engineering and intersection of a notice, a printed copyof which is traffic investigation, the following Miller Avenue. maximum speed limits are hereby determined hereto att shed, was published in said and declared reasonable on the following Iowa Highway I 45 From a point eight paper time(s), on the fol hundred (800) feet streets or portions of streets, when signs are erected giving notice thereof. west of the inter- lowing date(s): - Benton Street 35 From the intersec- section of Miller tion of Keswick Avenue to a point Drive to the five hundred (500) intersection of feet east of Hudson �/ / �� '• r Mormon Trek. Avenue. ,a,„4.4,77. . Dubuque Street 35 From a point Just Iowa Highway 1 30 From a point five D ) northbound north of the hundred (500) feet A'4111101 .`// intersection with east of Hudson • Kimball Road north Avenue to the Cashier t 1 to the city limits. intersection of U.S. Highway 6, 218 and Dubuque Street 35 From a point eight Highway 1. Southbound hundred (800) feet Iowa Highway 1 25 From its inter- Subscribed and sworn to before me north of the (Burlington St.) section with intersection of Highways 218 and 6 Foster Drive to a to a point 150 feet point three hundred east of Van Buren this day of �fTf: .ou , A.D. (300) feet north of St- �/ fJ- the intersection of ' Park Road. Iowa Highway 1 45 Fran the intersec 1 9 � tion of N. Dubuque Dubuque Street 45 From the city limits Road to a point six �• southbound south to a point hundred (600) feet f��/ eight hundred (800) south of the city / "�/.,'./,(LI vt^Q-4 L62 //1 v0feet north of the limits. NotaryPublic intersection of Foster Drive. Iowa Highway 1 55 •Fran a point six hundred (600) feet /_ `' J First Avenue 25 Fran the intersec- south of the city Loth?(/ d(� tion of Bradford limits to the city Drive south to the limits. intersection of U.S. IkiOS /. Ilk Highway 6. Melrose Avenue 35 From the intersec tion with Emerald bert Street 30 Fran the intersec- Street west tc the tion of Burlington west city limits. to the intersection of Highway 6. Mormon Trek 35 From the intersec- tion of Melrose 'bert Street 25 From the intersec- Avenue to the city tion with Highway 6 limits. 61 s=s- 3 a 2/ OFFICIAL PUBLICATION OFFICIAL PUBLICATION Muscatine Avenue 35 From a point one U.S. Highway 6 35 From a point one hundred (100) feet thousand one east of the inter- hundred fifty section with Juniper (1,150) feet west of the intersection Drive to the city limits, with Riverside Drive, west to the Park Road 25 Fran the intersec- city limits. tion with Rocky U.S. Highway 218 50 From the south city 0 Shore Drive east to limits to a point the intersection one thousand six with North Dubuque hundred (1,600) Street. feet north of the Rochester Avenue 35 From the intersec- south city limits. lib tion with First U.S. Highway 218 45 From a point one Avenue east to the thousand six city limits. hundred (1,600) Rohret Road 35 From the intersec- feet north of the tion with Mormon touta city limits to a point Trek Boulevard west eight hundred (800) feet to the City limits. south of the Sycamore Street 30 Fromne Intersec- intersection with tion with U.S. U.S. Highway 6 and Highway 6 south to Iowa Highway 1. Gleason Avenue. U.S. Highway 218 30 From a point eight Sycamore Street 30 From the intersec- hundred (800) feet tion with Burns south of the Avenue south to the intersection with city limits. U.S. Highway 6 and Iowa Highway 1 U.S. Highway 6 55 From the city north to the limits to a point intersectio hwa with one hundred (100) U.S. Highway 6 and feet east of Iowa Highway 1. Industrial Park Road. U.S. Highway 6 45 Fran a point one SECTION III. REPEALER. All ordinances and hrcm a poin feet parts of ordinances in conflict with the NOP' east of Industrial provision of this ordinance are hereby repealed. Park Road to a point seven hundred SECTION IV. SEVERABILITY. If any pofeet east of section, provision or part of the Ordi- the intersections nance shall be adjudged to be invalid or unconstitutional, such adjudication shall of U.S. Highway 6, U.S. Highway 218 not affect the validity of the Ordinance as a whole or anysection, and Iowa Highwayprovisionor 1 part thereof nott adjudged invalid or unconstitutional. U.S. Highway 6 30 From a point seven SECTION V. EFFECTIVE DATE. This Ordi- hra feet mance shall be in effect after its final east of the passage, approval and publication as intersection of required by law. U.S. Hiohways oPassed and approved this 15th. day of S January, 1985. 218 and Iowa Highway 1 west and /1 north to a point C�-71 i4 one thousand one hundred fifty(1,150) feet west • of the intersection ATTEST: � j "k�r�i.) 'with Riverside CI CLERK Drive. 81416 January 23, 1985 ORDINANCE NO. 85-3222 AN ORDINANCE PROVIDING FOR THE PARTIAL EXEMPTION FROM PROPERTY TAXES FOR INDUS- TRIAL PROPERTIES ON WHICH IMPROVEMENTS HAVE BEEN MADE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I . That Chapter 32.1 of the Municipal Code of the City of Iowa City be amended to add the following: Article III . Partial Property Tax Exemption for Industrial Property. Section 32.1-31 . Established. There is hereby established a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate and the acquisi- tion of or improvement to machinery and equipment assessed as real estate pursuant to Section 427A.1, Subsection 1, paragraph e of the 1983 Code of Iowa. Section 32.1-32. Definitions. For the purpose of this article the following definitions shall apply: (a) Actual value added. The actual value added as of the first year for which the exemption is received, except that actual value added by improvements to machinery and equipment means the actual value as determined by the assessor as of January 1 of each year for which the exemption is received. (b) New Construction. New building and structures and new buildings and structures which are con- structed as additions to existing buildings and structures. New construction does not include reconstruction of an existing building or structure which does not constitute complete replace- ment of an existing building or structure or refitting of an existing building or structure, unless the reconstruction of an existing building or structure is required due to economic obsoles- 10 Ordinance No. 85-3 Page 2 cence and the reconstruction is necessary to implement recognized industry standards for the manufacturing and processing of specific products and the recon- struction is required for the owner of the building or structure to continue to competitively manufacture or process those products, which determination shall receive prior approval from the City Council upon the recom- mendation of the Iowa Development Commission. (c) New Machinery and Equipment. New machinery and equipment assessed as real estate pursuant to Section 427A.1, Subsection 1, paragraph e, of the 1983 Code of Iowa unless the machinery or equipment is part of the normal replacement or operating process to maintain or expand the existing operational status. Section 32.1-33. Period and Amount of Exemption. The actual value added to industrial real estate for the reasons specified in Section 32.1-31 is eligible to receive a partial exemption from taxation for a period of five years. The amount of actual value added which is eligible to be exempt from taxation shall be as follows: a. For the first year, 75%. b. For the second year, 60%. c. For the third year, 45%. d. For the fourth year, 30%. e. For the fifth year, 15%. Section 32.1-34. Limitation on Amount of Exemption. The granting of the exemption under this article for new construction constituting complete replacement of an existing building or structure shall not result in the assessed value of the industrial real estate being reduced below the assessed value for the industrial real estate before the start of the new construc- tion added. Ordinance No. RS_3 Page 3 Section 32.1-35. Application for Exemption. An application shall be filed for each project resulting in actual value added for which an exemption is claimed. The application for exemption shall be filed by the owner of the property with the City Assessor by February 1 of the assess- ment year in which the value added is first assessed for taxation. Applica- tions for exemption shall be made on forms prescribed by the Director of Revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the Director of Revenue. Section 32.1-36. Application for Prior Approval. A person may submit a proposal to the City Council to receive prior approval for eligibility for tax exemption on new construction. The City Council , by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with Chapter 36, the Zoning Ordinance of Iowa City. The ordinance may be enacted not less than 30 days after a public hearing is held in accordance with Section 362.3 of the 1983 Code of Iowa. Such prior approval shall not entitle the owner to exemption from taxation until the new construction has been completed and found to be quali- fied real estate. However, if the tax exemption for new construction is not approved, the person may submit an amended proposal to the City Council to approve or reject. Section 32.1-37. Repeal. When in the opinion of the City Council continuation of the exemption granted by this ordinance ceases to be of benefit to the City, the City Council may repeal this ordinance, but all existing exemptions shall continue until their expiration. Section 32. 1-38. Dual Exemptions Prohibited. A property tax exemption under this ordinance shall not be granted if the property for which the to Ordinance No. 85-3 Page 4 exemption is claimed has received any other property tax exemption authorized by law. SECTION II . This ordinance shall be in full force and effect from and after its passage and publication ass provided 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 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 . Passed and aiproved this 22nd. day of January, 1985./ � 4 �� a' /- MAYOR ATTEST: if &Iz n , . - CITY CLERK Received & Approved Cy The eyal ^t' .rim n? U It was moved by Ambrisco a and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO _ X X BAKER DICKSON _ X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 1/8/85 Vote for passage: Ayes: Dickson, Strait, Zuber, Ambrisco Nays: Erdahl Absent: Baker, McDonald Second consideration 1/15/85 Vote for passage Ayes: Ambrisco, Dickson, McDonald, Strait, Zuber Nays: Baker, Erdahl Date published January 26, 1985 CITY OF IOWA 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. 85-3222 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of January , 1985 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 26th day of January , 19 85 , Dated at Iowa City, Iowa, this 4th day of February ,19 85 . am na Parrott, Deputy City Clerk OFFICIAL PUBLICATION OFFICIAL PUBLICATION ,� /0 struction is required for tl / owner of the building or atructui Printers fee$ ] ORDINANCE NO. 85-3222 to continue to canpetttivel manufacture or process Inas CERTIFICATE OF PUBLICATION '. ' shall receive prior approvORDINANCE PROVIDING FOR THE PARTIAL products, which approvinatte 2MPT1ON FROM PROPERTY TAXES FOR INDUS- al frc STATE OF IOWA, Johnson County,ss: n i'tALBEENOmandation of the Iowa Oevelopmer MADE. ON 4HICH IMPROVEMENTS the City Council upon the rerun THE IOWA CITY PRESS-CITIZEN Conmissian. SE IT ORDAINED '81' THE CITY COUNCIL OF THE (c) New Machinery and Equipment. Ne C/TY OF IOWA CITY: machinery and equipment assess[ as real estate pursuant to Sectic ":ELTIDN I. That Lha Ater 32.1 of the 427A.1, Subsection 1, paragraph e I. Hemnpa Lode of the lily of Iowa City be of the 1983 Code of Iowa unlet Bronwyn S. Van Fossen, being duly Blended to addl he 901lo ing: of the normal qty Tat the machinery or equipment is par replacement a sworn, say that I am the cashier of the Exemption for I'edastrial Property. operating process to maintain a IOWA CITY PRESS-CITIZEN, a news- is $ectiony32.1-31.Esttaablisshed. There expand the existing operatipna status. paper published in said county, and that exemption from property taxation paf tial ine Section 32.1-33. Period and Moun a notice, a printed actual value added to industrial real of Exemption. The actual value aide copy of which is estate by the new construction of to industrial real estate for th hereto attalched, was published in said industrial real estate and the acquisi- reasons specified in Section 32.1-31 t paper time(s), on the fol- tion of or improvement to machinery and eligible to receive a partial exemptia from taxation for a period of fiv lowing date(s): - equipment assessed as real estate years. The amount of actual value adde pursuant to Section 427A.I, Subsection which is eligible to be exempt fro 1, paragraph e of the 1983 Code of Iowa, taxation shall be as follows: �� ���• Section a oft,this article the b. For the second year,45%.60%. following definitions shall. apply: c. For the third year, /f /! (a) Actual value Added. The actual d. For the fourth year,, 5%. + G — value added as of the first year S. For the fifth year, 1St. for which the exemption. is Section Exemption. 32.1-34. The granting a received, except that actual value Amount of ionapt;on. grtic e a Cashier added by improvements to machinery the exemption ion under this article to and equipment means the actual new construction constituting templed replacement of an existing building m value as determined by the assessor as of January 1 of each structure shall not result in Lei Subscribed and sworn to before me Year for which the exemption is assessed value of the industrial rya received. estate being reduced below the assesse n aq• (b) New Construction, New building value for the industrial real estate I�day �kiCP and structures and new buildings before the start of the new construe this of tion Se added. A.D. and structures which are tin- Section 32.1-35. Application for strutted as additions r existing 19g S\ buildings and structures. New ffiled for. An application shall be construction does not include actualproject vaiue added for which an n �� building or structure which dors for Bion is claimed, The apps emotion �J not constitute complete replace- ment of an existing building or owner of the property with the City Notary Public structure or refitting of an Assessor by Februarywhich of the assess- existing building or structure, ment year in which the value added is /�. px esti the'.reconstrustruc of an first assessed for taxation. made a- existiexisting-building tions for exemption shall be made on NO. .S7�V required Qui to econdnic obs0 es- - forms prescribed by the Director of mance and the Revenue and shall contain information rgonitp0ation is pertaining to the nature of the f.i ap S`;A�Op ST nv necessary to implement ognized improvement, its cost, and other ? U_'S industry standal(tR the information deemed necessary by the fachminq o eS§ .Director of Revenue. if'. or.^. is aid "p --. --.------,,....-.......,-...n. _A--x,y.-ts.a fat Io Ip uaq awl yaaAe„pyno°s2nap;o ase aqy IBM PauftaladoP 67 II II tairgu -eyagdae 'sapnruenb'ma(81112303 oy pelagics sI aq yams or aaa8ap am pus 'paulelsns Speage seq aq °Baum) ;o wawa awl 'gipeaq yeas -nag Cm uo puadap mote yam 'tpl2noaogy puegsnq mot paulumsa Bulneq plowed uopgdo an antrum woes podia yea)pam ou 'aaeamor{ Ise or met alae nog :SIIOWANONV WHO -ANONV— 'mo'motor am yI Id a assa Digi -ora `sauna -eyaydme`sapnleenb'ameaoa sash Dsle air •tpep yI sallows MIS a rae'sisal(gI ynoge aoj euen(I.Ietn AIM or�morns sew puegsnq Am ynq 'pup! IRDINANCE NO. 85-3223 AN ORDINANCE AMENDING ORDINANCE NO. 84-3166, THE IOWA CITY PLUMBING CODE, BY ADOPTING APPENDIX C OF THE UNIFORM PLUMBING CODE , 1982 ADDITION, AND AMENDING CERTAIN SECTIONS OF THE IOWA CITY PLUMBING CODE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I . PURPOSE. The purpose of this ordinance is to amend the 1982 Edition of the Uniform Plumbing Code previously adopted as the Iowa City Plumbing Code (Ordinance No. 84-3166) in order to provide for more effective enforcement of the Plumbing Code. SECTION II . ADOPTION. Section II of Ordinance No. 84-3166 is hereby deleted and the following is adopted in lieu thereof: Subject to the amendments described in Section III , below, and in Section III of Ordinance No. 84-3166, Chapters 1 through 13, and Appendix C, of the 1982 Edition of the Uniform Plumbing Code promulgated by the International As- sociation of Plumbing and Mechanical Officials are hereby adopted, and shall be known as the Iowa City Plumbing Code, or the Plumbing Code. SECTION III . AMENDMENTS. The Plumbing Code is hereby amended as follows: 1 . Section 401 (a) is amended by deleting subsection (2) and adding a new subsection (2) reading in its entirety as follows: (2) ABS and PVC pipes and fittings shall be marked to show confor- mance with the standards in the code. ABS and PVC installations are limited to construction not exceeding the following condi- tions: (A) No vertical stack shall exceed thirty-five feet in height. No horizontal branch shall exceed fifteen feet in length. (B) All installations shall be made in accordance with the manufac- turer' s recommendations. (C) Installations shall not be made in any space where the surround- ing temperature will exceed 1400 or in any construction or space where combustible materials are 15 Ordir . No. 85-3223 Page _ prohibited by any applicable building code or regulation or in any licensed institutional occupancy except where special conditions require other than metal pipe, i.e. , in acid waste or deionized water systems, plastic pipe and other materials may be approved by the adminis- trative authority. (0) No plastic pipe shall be installed underground. NOTE: Installation of ABS and PVC piping beyond the limits of (A) may be approved by the administrative authority for a particular case when certified by a professional engineer. 2. Table 4-3 is amended 'by deleting reference to footnote 3 for vent piping maximum units of 1-1/2 inch (38.1 mm) pipe size. 3. Section 502 is amended by deleting subsection (a) and adding new subsec- tions (a) , (c) and (d) as follows: (a) No vent will be required• on a three-inch basement floor drain provided its drain branches into the house drain on the sewer side at a distance of five feet or more from the base of the stack and the branch line to such floor drain is not more than 12 feet in length. (c) In single- and two-family dwellings no vent will be required on a two-inch basement P trap, provided the drain branches into a properly vented house drain or branch three inches or larger, on the sewer side at a distance of five feet or more from the base of the stack and the branch to such P trap is not more than eight feet in length. In buildings of one interval , where only a lavatory, sink or urinal empties into the stack, the five foot distance from the base of the stack does not apply. 16 Ordin No. 8S-3223 Page _ (d) Where permitted by the Adminis- trative Authority, vent piping may be omitted on basement water closets in remodeling of existing • construction only. 4. Section 503(a) is amended by deleting subsection (2) and adding a new subsection (2) reading in its entirety as follows: (2) ABS and PVC pipes and • fittings shall be marked to show confor- . mance with the standards in the Code. ABS and PVC installations are limited to construction not exceeding the following condi- tions: (a) No vertical stack shall exceed thirty-five feet in height. No horizontal branch shall exceed fifteen feet in length. (b) All installations shall be made in accordance with the manufacturer's recommenda- tions. (c) Installations shall not be made in any space where the surrounding temperature will exceed 1400 or in any con- struction or space where combustible materials are prohibited by any applicable building code or fire regulation or in any licensed institutional occupancy except where special conditions require other than metal pipe, i.e. in acid waste or deionized water systems, plastic pipe or other materials may be approved by the administra- tive authority. (d) No plastic pipe shall be in- stalled underground. NOTE: Installation of ABS and PVC piping beyond the limits of (a) may be approved by the administrative authority for a particular case when certified by a professional engineer. 5. Section 613 is amended by adding a new subsection (d) to read as follows: ►7 Ordir a No. 85-3223 Page . (d) The following wet venting conditions are given as examples of common conditions used in residential construction which are allowed under this code, provided the piping sizes are maintained as required by other sections of this code and the wet vented section is vertical . (1) Single bathroom groups. A group of fixtures located on the same floor level may be group vented but such in- stallations shall be subject to the following limita- tions: (a) Two fixtures with a combined total of four fixture units may drain into the vent of a three inch closet branch. (b) One fixture of two or less units may drain into a vent of a one and one-half inch bathtub waste pipe. (c) Two fixtures of two or less units each may drain into the vent of a two-inch bathtub waste serving two or less tubs providing that they drain into the vent at the same location. (2) A single bathroom group of fixtures on the top floor may be installed with the drain from a back-vented lavatory serving as a wet vent for a bathtub or shower stall and for the water closet, provided that: (a) Not more than one fixture unit is drained into a one and one-half inch diameter wet vent or not more than four fixture units drain into a two-inch diameter wet vent. (b) The horizontal branch shall be a minimum of two inches and connect to the stack at the Ia Ordinance No. 85-3223 Page 5 same level as the water closet drain or below the water closet drain when installed on the top floor. It may also connect to the water closet arm. (3) Common vent. A common vent may be used for two fixtures set on the same floor level but connecting at different levels in the stack provid- ing the vertical drain is one pipe size larger than the upper fixture drain but in no case smaller than the lower fixture drain. (4) Double bathroom group. Where bathrooms or water closets or other fixtures are located on opposite sides of a wall or partition or are adjacent to each other within the prescribed distance such fixtures may have a common soil or waste pipe and common vent. Water closets having a common soil and vent stack shall drain into the stack at the same level . (5) Basement closets. Basement closets or floor drain in one-and two-family dwellings may be vented by the waste line from a first floor sink or lavatory having a one and one-half inch waste and vent pipe. 6. Section XI of Ordinance No. 84-3166 is deleted and the following is inserted in lieu thereof: Renewals. Every license which has not previously been revoked shall expire on December 31st of each year. Renewal fees shall be as established by Council . Any license that has expired may be reinstated within sixty days after the expiration date upon payment of an additional ten dollar reinstate- ment fee. After the expiration of Ordinance No. 85-3223 Page 6 the aforementioned sixty-day period no license shall be renewed except upon recommendation of the board. 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 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 VI . EFFECTIVE DATE. This Or- dinance shall be in effect after its final passage, approval and publication as required by law. Passed and ap.roved this 29th. day of • January, 1985. iii/ • a2•60teeq MAYOR ATTEST: CITY CLERK Received & Approved 8y 7h Legal Depa nt ab It was moved by tlpibrisco , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON _ X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published February 6, 1985 Moved by Ambrisco, 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: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald Nays: None Absent: Erdahl • at CITY OF IOWA 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. 85-3223 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of January , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 6th day of February , 19 85 Dated at Iowa City, Iowa, this 7th day of March ,19 85 Va„ Ra •na Parrott, Deputy City Clerk fie kS—_3. 2.3 OFFICIAL PUBLICATION ORDINANCE NO. 85-3223 N ORDINANCE AMENDING ORDINANCE NO. -3166, THE IOWA CiTY PLUMBING CODE, BY OPTING APPENDIX C OF THE UNIFORM PLUMBING CODE, 1982 ADDITION, AND AMENDING CERTAIN SECTIONS OF THE IOWA CITY PLUMBING CODE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of V, this ordinance is to amend the 1982 I0-5 Editio -5Edition of the Uniform Plumbing Code previously adopted as the Iowa City Plumbing Code (Ordinance No. 84-3166) in M/ order to provide for more effective Printers fee$ / enforcement of the Plumbing Code. SECTION II. ADOPTION. Section II of Ordinance No. 84-3166 is hereby deleted CERTIFICATE OF PUBLICATION and the following is adopted in lieu STATE OF IOWA, Johnson Count ,SS: thereof: Subject to the amendments Y described in Section iII, below, and in THE IOWA CITY PRESS-CITIZEN Section III of Ordinance No, 84-3166, Chapters 1 through 13, and Appendix C, of the 1982 Edition of the Uniform Plumbing Code promulgated by the International As- sociation of Plumbing and Mechanical I Officials are hereby adopted, and shall be known as the Iowa City Plumbing Code, or Bronwyn S. Van Fossen, being duly the Plumbing Code. sworn, say that I am the cashier of the SECTION iIi. AMENDMENTS. The Plumbing s follows: IOWA CITY PRESS-CITIZEN, a news- { 1. Section is e401 (a)nisded amende by deleting paper published in said county, and that subsection (2) and adding a new a notice, aprinted copyof which is subsection (2) reading in its entirety as follows: hereto attached, was published in said (2) ABS and PVC pipes and fittings paper / timels), on the fol- shall be marked to show confor- mance with the standards in the lowing datels): code. ABS and PVC installations are limited to construction not exceeding the following condi- tions! ?. . . /n p� (A) No verticalfstack shall exceed ,(�(�/1,Lt (74 thirty-five feet in height. No t{ horizontalbranch shall exceed ` //ate fifteen feet in length. L (8) All 1n1Aa11ations shall be made in accordance with the manufac- Cashier turer's heconnendations. (C) Installations shall not be made in any space where the surround- ing temperature will exceed 1400 Subscribed and sworn to before me or in any construction or space where combustible materials are / prohibited by any applicable this ( uilding code or regulation or in -�7 day of A.D.A D any licensed institutional occupancy except where special conditions require other than 19 metal pipe, i,e., in acid waste or deionized water systems, Plastic pipe and other materials ,-"*.104.--"1--14r1". may be approved by the admints- trative authority. Notary Public O. No plastic pipe shall be installed underground. r NOTE: Installation of ABS and PVC N o. 4j J 2 O piping beyond the limits of (A) may be approved by the administrative authority for:a particular case when certified by a professional engineer. =�s 2. Table 4-3 is amended by deleting S'A`CN S'Ucc reference to footnote 3 for vent I.-!',-:-.-. piping maximum units of 1-1/2 inch (38.1 an) pipe size. `.-"••""- r++.• ^a0,1 3. Section 502 is amended by deleting subsection (a) and adding new subsec- tions (a), (c) and (d) as follows: (a) No vent will be required on a three-inch basement floor drain provided its drain branches into the house drain on the sewer side at a distance of five feet or more from the base of the stack and the branch line to such floor drain is not more than 12 feet in length. (c) In single- and two-family dwellings no vent V111 be required on a two-inch-basement P trap, provided the drain branches into a properly vented house drain or branch three inches or larger, on the sewer side at a distance of five feet or more from the base of the stack and the branch to such P trap is not more than eight feet in length..( In buildings of one interval, where only a lavatory, sink or urinal empties into the stack, the five foot distance from the base of the stack does not apply. (d) Where permitted by the Adminis- trative Authority, vent piping may be omitted on basement water closets In remodeling of existing construction only. 4. Section 503(a) is amended by deleting subsection (2) and adding a new subsection (2) reading in its entirety worill as follows: (2) ABS and PVC pipes and fittings shall be marked to show confor- mance with the standards in the Code. ABS and PVC installations are limited to construction not exceeding the following condi- (a) No vertical stack shall / O S- 3 a 3 exceed thirty-five feet to height. No horizontal branch "') () shall exceed fifteen feet in a102, length. b) All installations shall be made in accordance with the ' manufacturer's recommenda- tions. (c) Installations shall not be made in any space where the surrounding temperature will exceed 1400 or in any con- struction or space where combustible materials are prohibited by any applicable , rsriviumrtclosets. Basement building code or fire closets or floor deals in regulation or in an one and two-family dwellings licensed institutioner may be vented by the waste occupancy except where line from a first floor sink special conditions require or lavatory having a one and other than metal pipe, i.e. one-half inch waste and vent in acid waste or deionized pipe. water systems, plastic pipe 6. Section XI of Ordinance No. 84-3166 is deleted and the following is inserted or other materials may be in lieu thereof: approved by the admini5tra- Renewals. Every license which has tine authority, not previously been revoked shall (d) No plastic pipe shall be'in- expire on December 31st of each stalled underground. year. Renewal fees shall be as NOTE: Installation of ABS and PVC established by Council. Any piping beyond the limits of (a) may be license that has expired may be approved by the administrative reinstated within sixty days after authority for a particular case when the expiration date upon payment of certified by a professional engineer, an additional ten dollar reinstate- s. Section 613 is amended by adding a new ment fee. After the expiration of subsection (d) to read as follows: the aforementioned sixty-day period (d) The following wet venting no license shall be renewed except conditions are given as examples upon recommendation of the board. of common conditions used in SECTION IV, REPEALER. All ordinances residential construction which and parts of ordinances in conflict with are allowed under this code, the provision of this ordinance are hereby provided the piping sizes are repealed. maintained as required by other SECTION V. SEVERABILITY. If any sections of this code and the wet section, provision or part of the Ordi- vented section is vertical. nance shall be adjudged to be invalid or (1)- Single bathroom groups. A unconstitutional, such adjudication shall group of fixtures located on not affect the validity of the Ordinance the same floor level may be as a whole or any section, provision or group vented but such in- part thereof not adjudged invalid or stallations shall be subject unconstitutional, to the following limits- SECTION VI. EFFECTIVE DATE. This Or- tions: dinance shall be in effect after its final (a) Two fixtures with a passage, approval and publication as combined total of four required by law. fixture units may drain Passed and approved this 29th. day of into the vent of a three .ianuarv, 1985., 4 inch closet branch. 4' (b) One fixture of two or .�,_ l less units may drain into a vent of a one and ATTEST: one-half inch bathtub i waste pipe. CITY CLERK (c) Two fixtures of two or 81645 February 6, 1985 less units each may drain into the vent of a two-inch bathtub waste • serving two or less tubs providing that they drain into the vent at the same location. (2) A single bathroom group of fixtures on the top floor may be installed with the drain from a back-vented lavatory serving as a wet vent for a bathtub or shower stall and for the water closet, provided that: (a) Not more than one fixture unit ;s drained into a one and one-half inch diameter wet.vent or not more than four fixture units drain into a two-inch diameter wet vent. •.(b) The horizontal branch shall be a minimum of two inches and connect to the stack at the same level as the water closet drain or below the water closet drain when installed on the top floor. It may also connect to the water closet arm. (3) Common vent. A common vent may be used for two fixtures set on the same floor level but connecting at different levels in the stack provid- ing the vertical drain is one pipe size larger than the upper fixture drain but in no case smaller than the lower fixture drain. (4) Double bathroom group. Where bathrooms or water closets or other fixtures are located on opposite sides of a wall or partition or are adjacent to each other within the prescribed distance such fixtures may have a cannon soil or waste pipe and common vent. Water closets having a common soil and vent stack shall drain into the stack at the same level. ORDINANCE NO. 85-3224 AN ORDINANCE VACATING THE ALLEY ABUTTING THE NORTH LINE OF BLOCK 4, LYON 'S FIRST ADDITION. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY: SECTION 1 . VACATION. That the platted alley abutting the north line of Lots 1-4 in Block 4, Lyon' s First Addition to Iowa City, Johnson County, Iowa, is hereby vacated for street purposes with existing storm sewer and sanitary sewer easements maintained. SECTION 2. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 3. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional , 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 4. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 12th. day of February, 198S/ doee .I MAYOR ATTEST: 14 • CITY CLERK :1,,i nernet1t — 40- --- a�. It was moved by Ambrisco , and seconded by Erdahl , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON __X__ ERDAHL MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published February 20, 1985 Moved by Ambrisco, 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: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker Nays: None 3 CITY OF IOWA CITY CMC 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. 85-3224 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of February , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of February , 19 85 . Dated at Iowa City, Iowa, this 12thday of April ,19 85 (-- `1 am na Parrott, Deputy City Clerk '0 Printers fee S-< CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: OFFICIAL PUBLICATION, THE IOWA CITY PRESS-CITIZEN ORDINANCE NO. 85-3224 ,A41 ORDINANCE VACATING THE ALLEY ABUTTING THE NORTH LINE OF BLOCK 4, LYON'S FIRST I ADDITION. ITBE ORDAINED BY THE CITY COUNCIL OF IOWA Bronwyn S. Van Fossen, being duly CITY: sworn, say that I am the cashier of the SECTION 1. VACATION. That the p8.alfed IOWA CITY PRESS CITIZEN, a news- alley abutting the north line of Lot, 1-4 paper published in said county. and that in Block 4, Lyon's First Addition to Iowa a notice, a printed eopy of which is City, Johnson County, Iowa, is hereby vacated for street purposes with exing hereto att,7hed, was published in said storm sewer and sanitary sewer easea?nts paper time(s). on the fol- Oaintained. lowing datels): SECTION 2. REPEALER: All ordina�ges and parts of ordinances in conflict with the provision of this ordinance are hereby repealed.• SECTION 3. SEVERABILITY: If any s444tion, a 01 tiff S provision or part of the Ordinance Shall be adjudged to be invalid or unconstitu • - /� tional, such adjudication shall not affect ) ` re validity of the Ordinance as a whole /Y /L or any section, provision or part thereof not adjudged invalid or unconstitutional. Cashier SECTION 4. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required py low. Subscribed and sworn to before me Passed and approved this 12th. day of February, 1985. Q �� t /y this a2_tkay offd-.__. A.D. MAYOR ATTEST: )I Y CLERK `� r l9p-� 81883 February 20.T985 S±4PL/__. Notary Public No. LLSjg0 SKA ON STU6iTS t j 6r ORDINANCE NO. 85-3225 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED IN THE 1500 BLOCK ON THE EAST SIDE OF SOUTH GILBERT 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 CI-1 to CC-2 and the boundaries of the CC-2 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be changed to include the property located in the 1500 block on the east side of South Gilbert Street: Commencing as a point of reference at the Northeast Corner of the Southwest Quarter of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence South 0021 '20" East along the Easterly line of Government Lot 4 extended 1 ,329.6 feet to the Northeast Corner of Government Lot 4 (this is an assumed bearing for purposes of this description only) ; Thence continuing South 0021 '20" East, 759.00 feet along the Easterly line of said Government Lot 4 to a point; Thence South 89034'10" West, 332.00 feet to the Point of Beginning; Thence South 89034'10" West, 345.70 feet on the North line of Sand Lake Addition, Iowa City, Iowa, as recorded in Plat Book 10, page 23, Johnson County Recorder's Office, Johnson County, Iowa; to the Easterly Right-of-Way line of South Gilbert Street; Thence Northeasterly 259.66 feet on a 1 ,015.83 foot radius curve concave Southeasterly, whose 258.95 foot chord bears North 21041 '12" East, and along the Easterly Right-of-Way line of South Gilbert Street; Thence North 89058'49" East, 248.64 feet; Thence South 0021 '20" East, 238.12 feet parallel with the Easterly line of said Government Lot 4, to the Point of Beginning. cx.?T 2 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 publica- tion 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 unconstitu- tional , 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 VI . 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 February, 1':5. Oil 'AYOR ATTEST: ))10v,,, e2.,, ) -1k1 J CITY CLERK Recelvacd & Approved £;` I" �5 n. a, men! It was moved by Zuber and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER -2L__ DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 2/12/85 Vote for passage: Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait Nays: None Second consideration XXXXXXXXXXXXXX Vote for passage Date published 3/6/85 Moved by Zuber, seconded by Strait, 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: Dickson, Erdahl, McDonald, Strait, Zuber, Baker. Nays: None. Absent: Ambrisco. o4J� CITY OF IOWA 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. 85-3225 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of February , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 6th day of March , 19 85 Dated at Iowa City, Iowa, this l2thday of April ,19 85 Ra na Parrott, Deputy City Clerk OFFICIAL PUBLICATION • .,; ., ORDINANCE NO. 81=3225 i 79ENANiE AMENDING THE ZONING ORDINANCE BY .:ANGIHG TIE USE REGULATiOPIS,OF CERTAIN ''' €RTY LOCATED IN THE 1500 BLOC,. ON.THE ' '[f'SIDE OF SOUTH GILBERF STREET. IT ORDAINED BY THE CITY COUNCIL OF THE I `DF IOWA CITY, IOWA: -;: te r_`.,'i I. That the property described be* is hereby reclassified Fran its pre classification of CI-1 to CC-2 and the undaries of the CC-2 zone as Printers fee ,, g// toted upon the zoning map of the City ! Iowa City, Iowa, shall be changed to include the property located in the 1500 CERTIFICATE OF PUBLICATION blockton the'•:east side of South Gilbert STATE OF IOWA, Johnson Count ,ss: . • Commencing as a point of reference at y the Northeast Corner of the Southwest THE IOWA CITY PRESS-CITIZEN Quarter of Section 15, Township -79 k North, Range 6 West of the Fifth , Prirripal Meridian, Johnson County, Iowa; Thence South 0021'20" East along the Easterly line of Government Lot 4 I - extended 1,329.6 feet to the Northeast Corner of Government Lot 4 (this is an Bronwyn S. Van Fosse n, being duly assumed bearing for purposes of this sworn, say that I am the cashier of thedescription only); Thence continuing South 0021'20" East, 759.00 feet along IOWACITY PRESS CITIZEN, a news the Easterly line of said Government paperpublished in said county, and that Lot 4 to a point; Thence South otice, a printed copyof which is 89034'10" West, 332.00 feet to the Point of Beginning; Thence South hereto attached. was published in said 89034'10" West, 345.70 feet on the paper i timelsl. on the fol- NortCityh line lowa off asarecordedLake Add,itPlat Book , Iowa lowing date(s): 10fhpage 23, Johnson County Recorder's Office, Johnson County, Iowa; to the ! Easterly Right-of-Way line of South - Gilbert Street; Thence Northeasterly to r , E 45.),.r' 25$.66 feet on a 1,015.83 foot radius curve concave Southeasterly, whose 258.95 foot chord bears North 21041'12" East, and along the Easterly ,/�?�! , ,� y/� Right-Of-Way line of South Gilbert �` `M ` ;�� l/'>'t Street; Thence North 89058'49" East, Cashier 248.64 feet; Thence South 0021'20" East, 238.12 feet parallel with the Easterly line of said Government Lot 4, to the Point of Beginning. Subscribed and sworn to before me SECTION II. The Building Inspector is hereby authorized and directed to changer the zoning map of the City of Iowa City, this llel- day of Iowa, to conform to this amendment upon �:'1-.L` A.D. the final passage, approval and publica- tion of this ordinance as provided by law. 1.9IPS'5 SECTION i11. The City Clerk is hereby authorized and directed to certify a copy />, (� of this ordinance to theICounty Recorderil 'I(f11`-(L//Jhc> of Johnson County, Iowa, upon final S-kx---4.---e.`""INC -21---i.--- passage and publication as provided by law. Notary Public SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the I ^ nance provision of this ordinance are hereby' No. ti repealed- SECTION V. SEVERABILITY, If any section, provision or part of the Ordinance shall s�' `• be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect •r the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.SECTION 01. EFFECTIVE DATE. This ��� Ordinance shall be in effect after its final passage, approval ail publication as required by law. Passed and approved this 26th day of February, ls5 7 , i/,: A •ATTEST: ))0.,„„,, . ; a. , CITY CLERK 182062 March 6, 195 • • F ORDINANCE NO. 85-3226 ORDINANCE AMENDING THE ZONING ORDINANCE SIGN REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I . That Section 36-60 through 36-64 be deleted from the Zoning Ordinance and the following be inserted in lieu thereof: Sec . 36-60. Sign regulations. (a) Intent. It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the community, to protect property values and to promote the preservation of Iowa City's areas of natural , historic and scenic beauty. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide for a reasonable opportunity for all sign users to display signs for identification without interference from other signage, to provide for fair and equitable treatment of all sign users, and to establish a reasonable period of time for the elimination of nonconforming signs. (b) General rules and applicability. (1) No sign on private property shall be erected or changed in any manner without compliance with the regulations stated herein. Routine maintenance shall not be subject to this Chapter. (2) These regulations are intended to be exclusionary and any sign not specifically listed shall be prohibited. (3) These regulations are structured within the two general catego- ries of temporary and permanent signs. Temporary signs are governed by the provisions of Section 36-62(a) (1)f. Permanent signs may be either off-premises or on-premises signs. Off- premises signs are governed by the provisions of Section 36-62(a) (2)j. All on-premises signs are governed by the regulations of the zone in which they are located. (4) In all zones a maximum sign allowance is permitted for all permanent signs placed on a building. Any quantity or type of building sign may be erected within this maximum allowance and according to the specific requirements of the zone in which the building is located. The building sign allowance shall relate to the wall on which a sign is to be placed and shall be determined by calcu- lating a percentage of the total square footage of the sign wall , as specified in the zone. In the case of two or more uses or occupants in a single building, the total building signage on a wall for all the uses shall not exceed the maximum building sign allowance for that wall , Free-standing signs, monument signs, or any other signs not mounted on a building are not included in this maximum building sign allowance and are governed by the specific requirements of the zone. (5) In any case in which the Code of Iowa is more restrictive than the regulations contained herein, the Code of Iowa shall be applied. 7 Page 2 Sec. 36-61 . Definitions . The following definitions shall be applicable to the provisions of the sign regulations. The definitions contained in Section 36-4 of this Chapter shall apply to all terms not herein defined: (a) (1) Advertising sign. A sign that displays the type or name of a product, good or service sold either on or off the premises on which the sign is located. (2) Animated sign. Any sign or part of a sign that moves or has in- termittent lighting. (3) Awning sign. A building sign placed on the surface of an awning. (b) (1) Balloon. An inflatable bag filled with gas and displayed in such a way as to attract attention to the premises on which it is located. (2) Banner. A strip of flexible material such as cloth, paper or plastic securely fastened on all corners to a building or a structure and used to advertise a special event. (3) Billboard. An off-premises sign on which poster panels or bulle- tins are mounted . Billboard signs are not free-standing signs or monument signs . (4) Building sign. Any sign which is in any way attached to a building or to an appurtenance of a building. (c) (1) Canopy sign. A building sign attached to or in any way incorpo- rated with the face or underside of a canopy, marquee, or any other similar building projection , and which does not extend beyond the projection by more than six (6) inches . (2) Changeable copy sign. A sign, such as a reader board , which has components which are easily changeable by physical and not electronic methods. (3) Common sign. A sign which serves two (2) or more uses. (4) Construction sign. A temporary sign identifying the architects, engineers , contractors and other individuals involved in the con- struction of a building and/or announcing the future use of the building. (d) (1 ) Development sign. A monument sign designating the name of a sub- division or large scale development. (2) Directional sign. A sign designed to guide or direct pedestrian or vehicular traffic and containing no advertising message. (3) Directory sign. A sign displaying the name of a building, building complex and/or the occupants . (4) Drive-thru restaurant menu sign. A sign displaying a menu or similar advertising for the purpose of allowing patrons of a restaurant to order food at a drive-thru facility. (e) (1) Electronic sign. A sign on which a changing message is displayed through the use of an electronically controlled and illuminated medium. An electronic sign is considered to be an animated sign. (f) (1 ) Facia sign. A single-faced building sign which is 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 from vertical walls nor more than one (1) foot out at the signs closest point from nonvertical walls. (2) Filling station signs. Signage which generally appears as an integral part of the equipment accessory to automotive service stations and other establishments engaged in the dispensing of motor vehicle fuel or oil , including but not limited to gasoline pumps, oil display racks, and portable tire racks. .22 Page 3 (3) Flag, private: A private flag is any flag displaying the name, insignia, logo or emblem of an individual or a profit-making entity. (4) Flag, public. A public flag is any flag displaying the name, insignia, emblem or logo of the United States, the State of Iowa, the City, or a non-profit organization or institution. (5) Free standing sign. A sign which is supported by one or more up-rights or braces which are firmly and permanently anchored in or on the ground, and which is not attached to any building or wall . (g) (1) Grand opening sign. See "Special event sign." (2) Going-out-of-business sign. A sign announcing a sale resulting from the termination of a business on the premises . (h) (1) Hazardous sign. A sign which, because of its construction or state of disrepair may fall or cause possible injury to pas- sers-by, as determined by the City; a sign which because of its location, color, illumination, or animation, interferes with, obstructs the view of, or is confused with any authorized traffic sign, signal , or device; or a sign which makes use of the words "stop," "go slow," "caution ," "drive in," "danger," or any other word, phrase, symbol , or character in such a way as to interfere with, mislead, or confuse traffic. (i) (1) Identification sign. A sign displaying the name, address , crest, insignia or trademark, occupation or profession of an occupant of a building or the name of any building on the premises. (2) Illuminated sign. Any sign in which a source of light is used to make the message readable. An illuminated sign need not be an electronic sign. (3) Institutional sign. A sign which displays the name of a religious institution, school , library, community center, civic, cultural or historic institution , nursing home, hospital or similar institu- tion and the announcement of its services or activities. (4) Integral sign. A sign carved into stone, concrete or other building material , or made of bronze, aluminum or other permanent type of construction and made a part of the building to which it is attached. (j) Reserved. (k) Reserved. (1 ) Reserved. (m) (1 ) Marquee sign. See "Canopy Sign." (2) Monument sign. A sign which is integral to its base and is firmly anchored to the ground. (n) (1 ) Non-conforming sign. A sign other than a prohibited sign, that does not comply with the regulations of the zone in which it is located by reason of these or any other regulations adopted after the erection of the sign. (o) (1) Obsolete sign. A sign that advertises an activity, business, product, or service no longer conducted. (2) Off-premises sign. A sign which directs attention to a use conducted off the lot on which the sign is located. (3) On-premises sign. A sign which has the primary purpose of identi- fying or directing attention to the lot on which the sign is located. (p) (1 ) Painted sign. A sign painted directly on an exterior surface of a building other than the windows . Page 4 (2) Parapet sign. A facia sign erected on a parapet or a parapet wall . (3) Permitted sign. A sign which is allowed in the zone in which it is listed, subject to compliance with the requirements of the sign regulations. (4) Portable sign. A sign that is not firmly and permanently anchored or secured to either a building or the ground and is not expressly permitted under these regulations as a temporary sign. (5) Political sign. A temporary sign announcing candidates seeking public office, a political issue, or a sign containing other election information, such as "vote today." Political signs shall not be construed to be off-premises signs. (6) Poster. A temporary sign on a card or sheet of paper, plastic or other similar material intended to advertise or publicize a product or event. (7) Prohibited sign. A sign, other than a non-conforming sign, not permitted by this Chapter. (8) Projecting sign. A building sign which extends more than one (1) foot out from the wall of the building on which it is mounted. (9) Provisional sign. A sign which is permitted in a zone under certain circumstances. (10) Public art. Any work of art exposed to public view from any street right-of-way which does not contain any advertising, com- mercial symbolism such as logos and trade marks, or any represen- tation of a product. (11) Public sign. A sign of a non-commercial nature and in the public interest erected by or upon the order or authorization of the City or other public agency. Such signs include but are not limited to safety signs, zoning signs, memorial plaques, signs for structures or sites of historical interest and all similar signs. (q) Reserved. (r) (1) Real estate sign. A temporary sign which advertises the sale, rental , or lease of the premises or part of the premises on which the sign is located, including open house directional signs. (2) Roof sign. A sign erected upon or above a roof of a building and affixed to the roof. (s) (1) Seasonal decoration. A display, which does not constitute a sign, pertaining to recognized national , state, or local holidays and observances. (2) Sign. Any structure or medium, including its component parts, which is visible to the public from a street or public right- of-way, and which is used or intended to be used to direct attention to a business, product, service, subject, idea, prem- ises, or thing. Signs shall not include buildings or landscaping. The term sign includes, but is not limited to, all reading matter, letters, numerals, pictorial representations, emblems, trademarks, inscriptions, and patterns, whether affixed to a building or separate from a building. Public art, seasonal decorations, and directional symbols on paved surfaces are not included in this definition. (3) Sign face. The surface of the sign upon which is affixed reading material , letters, numerals, pictorial representations, emblems, trademarks , inscriptions and/or patterns. 30 Page 5 (4) Sign wall . The wall of a building upon which a sign is mounted including elements of the wall or any member or group of members which define 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. (5) Special events sign. A sign announcing grand openings, the Parade of Homes, philanthropic events, events of non-profit organizations, or events of civic interest. (6) Spinner. A device shaped in a form similar to a propeller and designed to rotate in the wind to attract attention to the premises on which it is located. (7) Swinging sign. A sign which, because of its design, construction, suspension or attachment is free to swing or move noticeably because of pressure frau the wind. (t) (1) Temporary sign. A sign intended for a period of display of not more than 30 days, which shall be removed upon completion of the activity or project denoted by the sign. Such signs may be erected in addition to signs otherwise permitted. (2) Time and temperature sign. An identification sign which shows the time and/or temperature. (u) (1) Use. For the purpose of the sign regulations, use shall mean a principal use as defined in this chapter. (v) Reserved. (w) (1) Window sign. A building sign permanently affixed to a window, embedded in a window or hanging adjacent to a window and obviously intended to be viewed through the window by the public. Merchan- dise or product displays, posters, signs painted on windows and temporary signs are not included in this definition. (x) Reserved. (y) (1) Yard sale sign. A temporary sign advertising a yard sale or a garage sale. (z) Reserved. Sec. 36-62. Permitted signs. (a) Signs permitted in all zones. The signs listed below shall be regulated as described below. (1) Signs not requiring a permit. The following signs may be erected in addition to the signage permitted in each zone without obtaining a permit. These signs shall not be applied toward the maximum sign allowance specified in the zones, except as otherwise indicated in this subsection. a. Construction signs. Non-illuminated construction signs not to exceed a total of 64 square feet or 32 square feet per sign face shall be permitted for each lot. Such signs shall not exceed a height of five (5) feet in residential zones or 10 feet in other zones nor be closer than five (5) feet to any property line unless located on the wall of a building, fence, or protective barricade surrounding the construction. Construction signs shall be removed prior to the issuance of the Certificate of Occupancy. b. Filling station signs. c. Identification signs not exceeding two (2) square feet in area. .3/ Page 6 d. Informational window signs. Window signs displaying informa • - tion about the operation of the business, including but not limited to days and hours of operation, telephone number and credit cards or bank cards accepted. Such signs shall not exceed a maximum area of two (2) square feet. e. Public flags and one (1) private flag displayed in conjunc- tion with public flags. f. Public signs. g. Real estate signs. One (1) non-illuminated real estate sign not to exceed eight (8) square feet or four (4) square feet per sign face in residential zones, or 64 square feet (32 square feet per sign face) in other zones, shall be permit- ted on each lot. Such signs shall not exceed a height of five (5) feet in residential zones or 10 feet in other zones nor be closer than five (5) feet to any property line unless located on the wall of a building or fence. Such signs shall be removed within 48 hours after the sale of the property. h. Temporary signs. The signs listed are temporary signs, the use of which is limited to a maximum of 30 days, and are subject only to the regulations listed below: 1. Political signs. Political signs shall be subject to the following requirements: i . In residential zones, non-illuminated political signs none of which may exceed twelve (12) square feet in area, may be displayed on each premises. Such signs shall not be erected earlier than 30 days prior to the date of the election for the candidate or issue indicated on the sign and all such signs shall be removed no later than seven (7) days after the election date. ii . In other zones, political signs shall conform to the applicable regulations for permitted signs in the zone. 2. Posters and other non-permanent signs in windows. 3. Yard sale signs. (2) Signs requiring a permit. The following signs may be erected and shall comply with the requirements of Sec. 36-64(b) . These signs shall be applied toward the maximum signage allowance specified in each zone, except as otherwise indicated in this subsection. a. Changeable copy signs. Such signs shall be erected in accordance with the dimensional requirements of the zone in which the sign is located. b. Development signs. One (1) development sign not to exceed a total of 64 square feet or 32 square feet per sign face shall be permitted at each street entrance to a subdivision or large scale development. c. Directional signs. Such signs shall not exceed a total of four (4) square feet or two (2) square feet per face in R zones, or a total of six (6) square feet or three (3) square feet per face in all other zones. d. Directory signs. 3G2- Page 7 e. Drive-thru restaurant menu signs. The total square footage of these signs may not exceed ten square feet and shall be in addition to the signs permitted in the zone and shall not be applied toward the maximum signage allowance. f. Going-out-of-business signs. These signs shall be non-illu- minated and not exceed 100 square feet. A going out of business sign may be displayed for up to 60 days. The sign permit shall be automatically renewed with the renewal of a going out of business license so long as the total time period in which the sign is displayed does not exceed 90 days . The use of going out of business signs is restricted to one (1) time in a 12 month period for a single business. Going-out-of-business signs shall not be applied towards the maximum signage allowance specified in each zone. g. Institutional signs. One (1) institutional sign, not to exceed a total of 48 square feet or 24 square feet per sign face shall be permitted for each institution. No such sign shall exceed a height of five (5) feet above grade. h. Integral signs. Such signs existing prior to the adoption of these regulations shall not be applied toward the maximum sign allowance of the building to which they are attached. i. Large scale real estate signs. One (1) non-illuminated monument real estate sign not to exceed a total of 64 square feet or 32 square feet per sign face shall be permitted per subdivision or development of greater than two (2) acres in size. Such signs shall not exceed a height of 10 feet and shall be removed upon the sale or lease of 50 percent of the lots or units in the subdivision or development. These signs shall not be applied toward the maximum signage allow- ance specified in each zone. Large scale real estate signs shall not be considered off-premises signs. j. Off-premises signs. 1. Off-premises signs shall not be permitted in residen- tial , CO-1, CN-1, CB-10 and ORP zones. In the CB-2 zone, only off-premises facia signs shall be allowed. Off- premises signs may be billboard signs or any other type of sign allowed in the zone in which the sign is located. 2. Not more than one (1) off-premises sign may be erected or maintained per lot. Two or more uses may erect a common off-premises directional sign. No off-premises sign shall be located closer than 300 feet to another off-premises sign. 3. No off-premises sign shall be located within 120 feet of a residential zone, a public park, public or parochial school , religious institution, cemetery, public museum, or the administrative or judicial offices of city, county, state or federal governments. 4. An off-premises sign shall be permitted in addition to the on-premises signage permitted on a lot. The area of the off-premises sign shall be deducted from the total sign area allowed for the same type of on-premises signage. 5. Off-premises billboard signs shall not exceed a height of 25 feet. 33 Page 8 6. Off-premises billboard signs shall be permitted an area of 144 square feet or 72 square feet per sign face. Billboard signs shall not be applied toward the maximum signage allowance permitted on a lot. 7. Off-premises signs shall comply with all other sign re- quirements of the zone in which they are located. k. Special events signs. One (1) non-illuminated sign not to exceed 100 square feet is permitted on a lot. The use of a special events sign is restricted to no more than four (4) times in a 12 month period and for a single duration of no more than 30 days. Special events signs may include banners, but shall not include any sign prohibited by these regula- tions, Section 36-62(b) . Special events signs shall not be applied toward the maximum signage allowance specified in each zone. (b) Prohibited signs. The following signs are specifically prohibited in all zones: (1) Animated signs, excluding barber pole signs that do not exceed three (3) feet in height and nine (9) inches in diameter and excluding time and temperature signs. (2) Balloons. (3) Hazardous signs. (4) Obsolete signs. (5) Portable signs including signs on wheels, trailers and truck beds and excluding those temporary signs expressly permitted herein. (6) Roof signs. (7) Search lights. (8) Spinners or other similar devices. (9) Swinging signs. (c) Signs permitted by zone. (1) ID, R and OPDH zone regulations. a. Permitted signs. 1. Principal uses other than single family dwellings and duplexes shall be permitted one identification facia or monument sign. 2. Nonresidential uses in the ID-ORP zone, other than ORP uses, shall be required to comply with the sign regula- tions of the CO-1 and CN-1 zones. 3. Residential uses in the OPDH zone shall be permitted signage in accordance with the requirements of the un- derlying zone. Commercial uses approved as part of a planned development shall comply with the signage requirements of the CO-1 and CN-1 zones. 4. ORP uses in an ID-ORP zone shall be permitted signage in accordance with the requirements of the ORP zone. b. Provisional signs. 1. Home occupations allowed in accordance with Section 36-56(b) (4) shall be permitted one (1) nonilluminated facia sign not to exceed one (1) square foot. c. Dimensional requirements. 1. Sign: Facia (in ID-RS, RR-1 , RS-5, RS-8, RMH and RS-12) . Maximum Area: 4 sq. ft. Maximum Height: Top of first story. Page 9 2. Sian: Facia (in ID-RM, RM-12, RM-20, RNC-20, RM-44 and RM-145 zones) . Maximum Area: 12 sq. ft. Maximum Height: Top of first story. 3. Sign: Monument (in ID-RS, RR-1, RS-5, RS-8, RMH and RS-12) . Maximum Area: 24 sq. ft., or 12 sq. ft. per sign face. Maximum Height: Five (5) feet. 4. Sign: Monument (in ID-RM, RM-12, RM-20, RNC-20, RM-44 and RM-145 zones) . Maximum Area: 48 sq. ft., or 24 sq. ft. per sign face. Maximum Height: Five (5) feet. (2) CO-1 and CN-1 zone regulations a. Permitted signs. 1. Signage for residential uses shall comply with the re- quirements for residential uses in the RM zones (Sec. 36-62(c) (1)c. 2. Facia signs. 3. Canopy signs. 4. Monument signs. 5. Awning signs. 6. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. Said sign shall not exceed the lessor of two (2) square feet per lineal foot of lot frontage or 100 square feet (50 square feet per sign face) . 2. Barber pole signs provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per face, do not project more than six (6) feet into the public right-of-way, and are not less than 10 feet above grade. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be mounted. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Canopy. Maximum Area: Eight (8) square feet. Maximum Height: Top of first story. c. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. d. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. 35 Page 10 e. Sign: Monument. Maximum Area: Two (2) square feet per foot of lot frontage, not to exceed a total of 100 square feet or 50 square feet per sign face. Maximum Height: Five (5) feet. (3) CH-1, CC-2 and CI-1 zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36-62(c) (1)c) . 2. Facia signs. 3. Only one (1) of the following types of signs: i. Monument sign. ii . Free-standing sign. 4. Canopy signs. 5. Awning signs. 6. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument or free-standing sign may be erected. The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed. 2. Two free-standing or monument signs are permitted provided that the distance between the two signs is no less than 150 feet as measured along the frontage of a single lot. 3. In the CC-2 zone, barber pole signs are permitted provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 4. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not • project more than six (6) feet into the public right- of-way, and are not less than 10 feet above grade. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is located. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign: Free-standing. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 250 square feet or 125 square feet per sign face. Maximum Height: 25 feet. 3' Page 11 d. Sign: Canopy. Maximum Area: 12 square feet. Maximum Height: Top of first story. e. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Hei ht: Top of first story. f. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. (4) 013-2 zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36-62(c) (1)c) . 2. Facia signs. 3. Only one (1) of the following signs: (i) Monument sign. (ii) Free-standing sign. 4. Canopy signs. 5. Awning signs. 6. Window signs. b. Provisional signs. 1. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into the public right- of-way, and are not less than 10 feet above grade. 2. Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. The maximum area of the common sign may be 50 percent larger than the area of the maximum individual sign allowed. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be located. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign: Free-standing. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: 25 feet. d. 'Sign: Canopy. Maximum Area: 12 square feet. Maximum Height: Top of first story. 37 Page 12 e. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. f. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. (5) CB-10 zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36-62(c) (1)c) . 2. Facia signs. 3. Canopy signs. 4. Awning signs. 5. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. The area of such sign shall not exceed a total of 24 square feet or 12 square feet per sign face. 2. Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into the public right- of-way, and are not less than ten (10) feet above grade. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is located. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Canopy. Maximum Area: 12 square feet. Maximum Height: Top of first story. c. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. d. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. (6) I-1, I-2 and ORP zone regulations. a. Permitted signs. 1. Facia signs. 2. Only one (1) of the following signs: a. Identification monument sign. b. Identification free-standing sign. 3. Window signs. 3A Page 13 b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument or free-standing sign may be erected. The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed. 2. In the I-1 and I-2 zones, two free-standing or monument signs are permitted provided that the distance between the two signs is no less than 150 feet as measured along the frontage of a single lot. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be located. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot ofof of frontage, not to exceed 150 square feet or 125 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign Free-standing. Maximum Area: One (1) square foot per lineal foot of lot frontage not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: 25 feet. d. Sign: Window. Maximum Area: 25% of the area of the window where it is mounted. Maximum Height: None. Sec. 36-63. Additional Regulations (a) Dimensional requirements. (1) Maximum sign area. For free-standing and monument signs, the individual signage allowance includes the total area of all sign faces associated with that sign and no sign face shall exceed one-half of the allowed sign area. For building signs, the maximum building sign area shall represent the total area of all building signs added together. The building sign area may be divided up among any of the building signs permitted in the zone in which the use is located, provided that each individual sign does not exceed the maximum size limits established for that zone. The maximum number of signs and the maximum sign areas, as provided herein, shall be applied on a per lot basis. (2) Sign wall area. Where size of a sign is regulated by the sign wall area, the sign wall area shall be the total area of the wall on which the sign is to be mounted. (3) Sign area determination. The area of each sign, regardless of shape, shall be computed by determining the area of a triangle, rectangle or circle which completely encloses the outer perime- ter of the sign face, or which completely encloses the whole group of characters or words in the case of a sign composed of 37 Page 14 characters or words attached directly to a building or an appur- tenance to a building. When multiple sign faces are attached to a single sign support and face the same direction, the faces and any area between than shall be viewed as one sign face and shall be measured from the extremities of the sign face. (4) Sign height determination. The maximum height of a sign shall be the measurement from grade to the highest point on the sign. In the case where a minimum height is established, the minimum height shall be measured from grade to the lowest point on the sign. (5) Minimum sign height. A canopy sign or free-standing sign shall not be less than ten (10) feet above grade. (b) Locational requirements. (1) No billboard, canopy, free-standing or monument sign or sign support shall be located within a triangular area at street intersections, where the triangle is measured from the intersec- tion of curb lines and its sides are 70 feet in length along arterial streets, 50 feet in length along collector streets, and 30 feet in length along local streets, except that signs may project into this area at 10 or more feet above grade. (2) No part of a billboard, canopy, free-standing or monument sign or sign support shall be located within five (5) feet of any lot line except that signs may be closer than five (5) feet at ten feet or more above grade, provided that no part of the sign or sign support overhangs any property lines. (3) No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a stand pipe or fire escape. (4) Building signs may be located on any building wall . However, no single sign wall may be covered by more than 15%. (c) Requirements for signs adjacent to residential zones. (1) Signage and area requirements of the CO-1 and CN-1 zones shall apply to signs which are within 100 feet of a residential zone. (2) Except for facia signs, no sign shall be located in a required front yard within 50 feet of a residential zone. (3) Facia signs located within 50 feet of a residential zone on the same side of the street shall not be placed on the wall of the building facing the residential zone. (d) Requirements for illuminated signs. Illuminated signs shall conform to the following requirements : (1) Except for signs in the ID and residential zones and special event signs, all permitted signs may be internally or externally illuminated. Those signs permitted in the ID and residential zones and special event signs may only be externally illuminated with white light. (2) Illumination through the use of exposed lamps and/or inert gas tubes shall be allowed provided the 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. (3) Artificial light sources used to illuminate a sign face shall not be visible from any street right-of-way. (4) Illuminated signs shall comply with the provisions of Section 36-64(d) . 426 Page 15 (e) Construction. All signs except those temporary signs enumerated in Sec. 36-62(a) (1) (f) shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and loads as required by the Building Code. (f) Maintenance. All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. (g) Removal . In accordance with the following procedure, the Building Official or his/her designee shall be authorized to require the removal of any illegal or prohibited sign. (1) Before taking action to require the removal of any illegal or prohibited sign, the Building Official or his/her designee shall provide written notice to the owner or operator of the business to which the sign relates. (2) The notice shall specify that the illegal or prohibited sign shall be removed or brought into compliance with this section within a reasonable time of such notice. (3) If the sign is not removed or repaired, as the case may be, within the time allowed, the Building Official or his/her designee is hereby authorized to have the sign removed to be used as evidence and assess the costs of removal against the property for collection in the same manner as a property tax. (h) Nonconforming Signs. It is the intent of these regulations that all nonconforming signs be eliminated as set forth below. (1) All signs which are or become non-conforming by adoption of these regulations shall be permitted to remain as non-conforming signs. (2) Owners of nonconforming signs shall be required to comply with the maintenance provisions of Sec. 36-63(f) . Any change or alteration to a non-conforming sign shall require compliance with the provisions of this Chapter. (i) Special sign provisions. The following signs shall be regulated in accordance with the following criteria: (1) Signs for nonconforming uses. 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 use is allowed. (2) Historic signs, signs for historic structures and signs on structures in historic zones. The Board of Adjustment may, by special exception, allow signs which do not conform to the provisions of this Chapter under the circumstances described below. All applications for special exceptions hereunder shall be referred to the Historic Preservation Commission for review and comment and shall be subject to the specific standards listed below and to the general standards of Section 36-91 (9) (2) . a. For buildings registered on the National Register of Historic Places or in an OHP zone, signage which does not conform with the provisions of this Chapter may be allowed if it is in keeping with the architectural character of the structure, and is appropriate to a particular period in the building's history or an integral part of its identity. b. The Board may exempt an existing sign from the provisions of Sec. 36-63(h) (1) if it can be demonstrated that said sign makes a significant artistic or historic contribution to the Page 16 community or neighborhood in which the sign is located, subject to compliance with the maintenance requirements of Sec. 36-63(f) . (3) Existing non-public signs located on or over public property. Such signs shall be regulated in accordance with Chapter 31 of the Iowa City Code of Ordinances. Any signs on or over the City Plaza shall be regulated by Chapter 9.1 of the Iowa City Code of Ordinances. Sec. 36-64. License and permit requirements. (a) License required. (1) Except for those signs not requiring a permit, as listed in Section 36-62(a) (1) , it shall be unlawful for any person to erect, alter, move, improve, remove or convert any sign without having a sign erector' s license in good standing issued by the City. A one-time sign erector' s license shall be available to a tenant or owner of a building to permit such person to install his/her own sign. (2) The license to erect, alter, move, improve, remove or convert any sign as required herein shall be known as a sign erector' s license and shall be issued by the City 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 a license fee as established by resolution of City Council ; and shall have filed with the Department of Housing and Inspec- tion Services a copy or a certificate of a contractor's public liability insurance policy with coverage limits of $100,000.00 per person and $300,000.00 per occurrence for bodily injury and $25,000.00 for property damage liability. The City of Iowa City shall be designated as an additional insured and the policy shall provide that the City is to be notified 30 days in advance -of the termination of the policy. The licensee 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. (3) A sign erector' s license shall be valid for one (1) year from the date of issuance. A one-time sign erector' s license shall be valid for 30 days from the date of issuance. The license fees are set by resolution of the City Council . (4) The Building Official 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 a violation of the sign regulations or if the license was obtained by fraud, or if the licensee allows any person not in his/her employ without a valid erector's license to do or cause to be done any work requiring a license. A person aggrieved by the revocation, suspension or denial of a license may appeal said action to the Board of Adjustment. (5) If a license is revoked for any reason, another erector' s license shall not be issued to such person for twelve (12) months after revocation. (b) Permit required. (1) No sign requiring a permit shall be erected, altered , moved, improved, or converted without first obtaining a sign permit from the Building Official or his/her designee and making Page 17 payment of the required permit fee. In addition, all illumi- nated signs shall be subject to the provisions of the Electrical Code and the permit fees required thereunder. (2) A separate permit shall be obtained for each sign. (3) 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. (c) Permit fees. Every applicant, before being issued a sign permit shall pay to the City such fee as shall be established by resolution of the City Council . However, any person found to be erecting, altering, moving, improving, or converting any sign prior to the issuance of a permit, or who has erected, altered, moved, improved, or converted a sign prior to the issuance of a permit, shall be charged double the normal fee. The payment of such double fee shall not relieve any person from fully complying with the requirements of these regulations in the execution of the work, nor from any other penalties prescribed herein. (d) Permits for illuminated signs. The application for a sign permit in which electrical wiring and connections are to be used shall be submitted prior to issuance of the sign permit. The Building Official or his/her designee shall examine the plans and specifica- tions for all wiring and connections to determine if they comply with the Electrical Code. (e) Applications. Application for a sign permit shall be made upon a form provided by the Building Official or his/her designee and shall contain and have attached thereto a plot plan with the following information: (1) Name, address, telephone number, and sign erector's license number of the applicant. (2) Location of the sign and of the building, structure, or lot on which the sign is to be attached or erected. (3) Two (2) blueprints or drawings of the plans and specifications of the sign with dimensions, notation of materials, the type of construction, and method of attachment to the ground or build- ing. (4) Copy of stress sheets and calculations showing the structure is designed in accordance with the Uniform Building Code. (5) An application for an electrical permit required for an illumi- nated sign. (6) Such other information as may be required. (f) Permit issued. It shall be the duty of the Building Official or his/her designee, upon the filing of an application for a sign permit, to examine such application; and if the proposed sign is in compliance with the requirements of these regulations and all other laws and ordinances of the City, the sign permit shall then be issueed. (g) Permit expiration. If the work authorized under a sign permit has not been completed within six (6) months after date of issuance, said permit shall become null and void. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. 4¢3 Page 18 SECTION III. SEVERABILITY. If any section, provision or part of the Or- dinance shall be adjudged to be invalid or unconstitutional , such adjudi- cation shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional . SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this hel 214-• MAYOR ATTEST: 777et in.,i) 01444A ) l CITY CLERK • • qL It was moved by Erdahl , and seconded by Zuber that the Ordinance as read. be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL MCDONALD x STRAIT x ZUBER First consideration `OOC Vote for passage: • Second consideration Vote for passage: Date published 3/16/85 Moved by Erdahl, seconded by Strait, 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: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strati, Zuber. Nays: None. CITY OF IOWA 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. 85-3226 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of March , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of March , 19 85 . Dated at Iowa City, Iowa, this 12thday of April ,19 85 . (1644--AW Ram a Parrott, Deputy City Clerk • fs-3,22t J / i -. IOFFICIAL PUBLICATION OFFICIAL PUBLICATION v ORDINANCE NO. g5-3;.26 (4) Construction sign. A temporary sign identifying the architects, ORDINANCE AMENDING THE ZONING ORDINANCE engineers, contractors and other SIGN REGULATIONS. individuals involved in the con- struction of a building and/or BE IT ORDAINED BY THE CITY COUNCIL OF THE announcing the future use of the CITY OF IOWA CITY, IOWA: building. (d)(1) Development sign. A monument sign SECTION I. That Section 36-60 through designating the name of a subdivi- 36-64 be deleted from the Zoning Ordinance sion or large scale development. and the following be inserted in lieu (2) Directional sign. A sign designed thereof: to guide or direct pedestrian or vehicular traffic and containing Sec. 36-60. Sign regulations, no advertising message. (a) Intent. It is the purpose of the (3) Directory sign. A sign displaying sign regulations to enhance and the name of a building, building protect the physical appearance and complex and/or the occupants. (4) Drive-thru restaurant menu sign. A safety of the community, to protect property values and to promote the sign displaying a menu or similar preservation of Iowa City's areas of advertising for the purpose of natural, historic and scenic beauty. allowing patrons of a restaurant Tt is further intended to reduce dis- to order food at a drive-thru tractions and obstructions that may facility. contribute to traffic accidents, (e)(1) Electronic sign. A sign on which reduce hazards that may be caused by' a changing message is displayed signs projecting over public through the use of an electronic- rights-of-way, provide for a reason- ally controlled and illuminated able opportunity for all sign users medium. An eiectronic sign is -.6, 'to display signs for identification considers to be an animated • without interference from other sign, signage, to provide for fair and (f)(1) Facia sign. A single faced equitable treatment of all sign building sign which is parallel users, and to establish a reasonable to or at an angle of not more than Printers fee S�/7r /2 period of time for the elimination of 45 degrees from the wall of the nonconforming signs, building on which it is mounted. Such signs do not extend more than CERTIFICATE OF PUBLICATION (b) General rules and applicabilit one (I) fout Pone foo Y• t walls nor mor e than one (I)) foot STATE OF IOWA, Johnson Count ' (1) No sign on private property out at the signs closest point 3,SS: shall be erected or changed in from nonvertical walls. THE IOWA CITY PRESS-CITIZEN any manner without compliance (2) Filling station signs. Signage with the regulations stated which generally appears as an herein. Routine maintenance integral part of the equipment shall not be subject to this accessory to automotive service Chapter. stations and other establishments i, (2) These regulations are intended engaged in the dispensing of motor to be exclusionary and any sign vehicle fuel or oil, including but Bronwyn S. Van Fossen, being duly not specifically listed shall be not limited to gasoline pumps, oil prohibited. display racks, and portable tire sworn, say that I am the cashier of the (3) These regulations are structured racks. IOWA CITY PRESS-CITIZEN, a news- within the two general catego- (3) Flag, private. A private flag is ries of temporary and permanent any flag displaying the name, paper published in said county, and that a notice, a printed copy of which is sgov signs. Temporary ytheary signs are insignia, logo or emblem of an by provisions of individual or a profit-making hereto attached, was published in said Section 36-62(a)(I)f. Permanent entity. paper timelsl, on the fol signs may be either off-premises (4) Flag, public, A public flag is or on-premises signs. any flag displaying the name, lowing date(s): Off-premises signs are governed insignia, emblem or logo of the by the provisions of Section United States, the State of Iowa, 36-62(a)(2)j- All on-premises the City, or a non-profit organi- signs are governed by the zation or institution, ¢ regulations of the zone in which (5) Free standing sign. A sign which L. �4. , 7�i J a3 they are located, is supported by one or more (4) In all zones a maximum sign up-rights or braces which are ��/J 1/ allowance is permitted for all firmly and permanently anchored in ,Gl nt-t v ,�/ J /12.,.c.—}—,-.2,_,, � , t� I permanent signs placed on a building. Any quantity or type or on the ground, and which is not attached to any building or wall. Cashier of building sign may be erected (g)(1) Grand opening sign. See "Special within this maximum allowance event sign." and according to the specific (2) Going-out-of-business sign. A requirements of the zone in sign announcing a sale resulting which the building is located, from the termination of a business Subscribed and sworn to before me The building sign allowance on the premises. shall relate to the wall on (h)(1) Hazardous sign. A sign which, which a sign is to be placed and because of its construction or this / day of A.D. f shall be determined by calculat- state of disrepair may fall or li ing a percentage of the total cause possible injury to pas- 19&:* square footage of the sign wall, sers-by, as determined by the _'.)---.• as specified in the zone. In City; a sign which because of its the case of two or more uses or location, color, illumination, or . C-- :Qh- f� n occupants in a single building, animation, interferes with, A • fC/y-ICfJ the total building signage on a obstructs the view of, or is -i •'� �J wall for all the uses shall not confused with any authorized Notary Public blic exceed the maximum building sign traffic sign, signal, or device; allowance for that wall, or a sign which makes use of the Free-standing signs, words "stop," "go slow," "cau- N O 1 �g 0 monument signs, or any other tion," 'drive in," 'danger," or II signs not mounted on a building any other word, phrase, symbol, or are not included in this maximum character in such a way as to ,01'r, building sign allowance and are interfere with, mislead, or o�,y SHA:ON STLIC:.sS governed by the specific confuse traffic. ;' requirements of the zone. (1)(1) identification sign- A sign (5) In any case in which the Code of displaying the name, address, Iowa is more restrictive than crest, insignia or trademark, the regulations contained occupation or profession of an -! ♦ be applied.herein, a Code of Iowa shall occupant of a building or the name imeof any building on the premises. • Sec. 36-61. Definitions. (2) Illuminated sign. Any sign in The following definitions shall be which a source of light is used to applicable to the provisions of the sign make the message readable. An regulations, The definitions contained in illuminated sign need not be an Section 36-4 of this Chapter shall apply electronic sign. to all terms not herein defined: (3) Institutional sign, A sign which (a)(1) Advertising sign. A sign that displays the name of a religious displays the type or name of a institution, school, library, product, rr ' or service sold community center, civic, cultural either on !f tho nro,mi.« - . . a_.. .. ...- •auog (6) au}u pus 416uat :14b}aLf wnwIxew u} }aa; (t) aa.143 paa)xa 'opus tier+ u6is a4} lou op a41 pap}no4d JO tot :pauy wnwlxeN • subis aloof JagJeg '2 • • •et)ei :obis •e •(a)e; ub}s 'Sa)uemollp _lad ;aa; a)enbs 055) 3aa; abpu6}s lenpinipul •2 a .nus 001 JO abeluo.i; " aq o3 51 u6is au; 501 f0 100; 1eau}t • 1 41 43F401 _lad 3aa; aJenbs (2) uo Lien ubis a44 ;o onl ;o ,ossal ay; paa)xa ISI of tenba Hem ubis lou ;leo u6is pies. ,ad ea.e ubis butptln4 •palliuuad aq LtpNS ubis wnw}xew p panol1v eq luawruow uouwa) P LIENS auoz SLAT u} sasp 'I a uo pale)ot aue sasn •sluaue,}nbau Leuo}suawIO .) ' a.ou Jo (Z) onl uayl '1 'pawo1 'su6}s tpuo}s}vo,d •q -Le u6is LenplvipuL •su6}s noPuif '9 wnw}xpw a43 40 soap 'sub}s bu}untl 'S gam'- SS-3 - L 6 OFFICIAL PUBLICATION down. Continued from Page SA. (2) Parapet sign. A facia sign erected on a parapet or a parapet window by the public. Merchandise (2) e,ans requiring a permit. ire wall, or product displays, posters, following signs may be erected (3) Permitted sign. A sign which is signs painted on windows and and shall comply with the allowed in the zone in which it is temporary signs are not included requirements of Set. 36-64(b). listed, subject to compliance with in this definition. These signs shall be applied the requirements of the sign (x) Reserved, toward the maximum signage regulations. (y)(1) Yard sale sign. A temporary sign allowance Specified in each (4) Portable sign. A sign that is not advertising a yard sale or a zone, except 4s otherwise firmly and permanently anchored or garage sale. indicated in this subsection, secured to either a building or (z) Reserved, a. Changeable copy signs. Such the ground and is not expressly Sec. 36-62. Permitted signs. signs shall be erected in permitted under these regulations (a) Signs permitted in all zones. The accordance with the dimer- as a temporary sign. signs listed below shall be regulated sional requirements of the (5) Political sign. A temporary sign as described below, zone in which the sign is announcing candidates seeking (1) Signs not requiring a permit. located. public office, a political issue, The following signs may be b. Development signs. One (1) or a sign containing other erected in addition to the • development sign not to election information, such as signage permitted in each zone exceed a total of 64 square "vote today." Political signs without obtaining a permit. feet or 32 square feet per shall not be construed to be These signs shall not be applied sign face shall be permitted off-premises signs. toward the maximum sign allow- at each street entrance to a (6) Poster. A temporary sign on a once specified in the zones, subdivision or large scale card or sheet of paper, plastic or except as otherwise indicated in development. other similar material intended to this subsection. C. Directional signs. Such . advertise-or publicize a product a. Construction signs. signs shall not exceed a or event. Non-illuminated construction total of four (4) squire (7) Prohibited sign. A sign, other signs not to exceed a total feet or two (2) square feet than a non-conforming sign, not of 64 square feet or 32 i per face in R zones, or a permitted by this Chapter. • square feet per sign face Ir. total of six (6) square feet (8) Projecting sign. A building sign shall be permitted for each or three (3) square feet per which extends more than one (1) lot. Such signs shall not ` face in all other zones. foot out from the wail of the exceed a height of five (5) d, Directory signs. building on which it is mounted. feet in residential zones or e. Drive-thru restaurant menu (9) Provisional sign. A sign which is 10 feet in other zones nor signs. The total square permitted in a zone under certain be closer than five (5) feet T footage of these signs may circumstances, to any property line unless not exceed ten square feet (10) Public art. Any work of art located on the wall of a and shall be in addition to exposed to public view from any building, fence, or protec- 0 the signs permitted in the street right-of-way which does not tive barricade surrounding .1 zone and shall not be contain any advertising, canner- the construction. Construe- i applied toward the maximum cial symbolism such as logos and tion signs shall be removed signage allowance. trade marks, or any representation prior to the issuance of the f. Going-out-of-business signs. of a product. Certificate of Occupancy. These signs shall be non-11- (11) Public sign. A sign of a b. Filling station signs. luminated and not exceed 100 non-conmercial nature and in the c. Identification signs not square feet. A going but of public interest erected by or upon exceeding two (2) square' business sign may be the order or authorization of the feet in area. displayed for up to 60 days. City or other public agency. Such d. Informational window signs. The sign permit shall be signs include but are not limited Window signs displaying automatically renewed with to safety signs, zoning signs, information about the the renewal of a going out memorial plaques, signs for operation of the business, of business license so long structures or sites of historical including but not limited to as the total time days and hours of operation, period in interest and all similar signs. which the sign is displayed (q) Reserved, telephone number and credit (r does not exceed 90 days. The (1) Real estate sign. A temporary cards or bank cards ac- use of going out ofbusiness sign which advertises the sale, cepted. Such signs shall signs issrestricted to one rental, or lease of the premises • not exceed a maximum area of (I) time in a 12 month or part of the premises on which two (2) square feet. period for a single busi- the sign is located, including e. Public flags and one (1) ness. Going-out-of-business open house directional signs. private flag displayed in signs shall not be applied (2) Roof sign. A sign erected upon or conjunction with public towards the maximum signage above a roof of a building and flags. allowance specified in each affixed to the roof, f. Public signs. zone. (s)(1) Seasonal decoration. A display, • g. Real estate signs. One (1) g. Institutional signs. One which does not constitute a sign, non-illuminated real estate (1) institutional sign, not pertaining to recognized national, sign not to exceed eight (8) to exceed a total of 48 state, or local holidays and ' square feet or four (4) square feet or 24 square observances. square feet per sign face in feet per sign face shall be (2) Sign. Any structure or medium, residential zones, or 64 permitted for each institu- including its component parts, square feet (32 square feet tion. No such sign shell which is visible to the public per sign face) In other exceed a height of five (5) from a street or public zones, shall be permitted on feet above grade. right-of-way, and which is used or each lot. Such signs shall h. Integral signs. Such signs intended to be used to direct not exceed a height of five existing prior to the attention to a business, product, (5) feet in residential adoption of these regula- service, subject, idea, premises, zones or 10 feet in other tions shall not be applied or thing. Signs shall not include . zones nor be closer than toward the maximum sign al- buildings or landscaping. The five (5) feet to any lowance of the building to term sign includes, but is not property line unless located which they are attached. limited to, all reading matter, on the wall of a building or 1. Large scale real estate letters, numerals, pictorial-rep- fence. Such signs Shall be signs. One (1) non-illumi- resentations, emblems, trademarks, removed within 48 hours mated monument real estate inscriptions, and patterns,.- after the sale of the sign not to exceed a total whether affixed to a building or property, of 64 square feet Or 32 separate from a building. Public h. Temporary signs. The signs square feet per sign face art, seasonal decorations, and listed are temporary signs, shall be permitted per directional symbols on paved the use of which is limited . subdivision or development surfaces are not included in this to a maximum of 30 days, and of greater than two (2) definition. are subject only to the acres in size. Such signs (3) Sign face. The surface of the sign regulations listed below: shall not exceed a height of upon which is affixed reading 1. Political signs. material, letters, numerals, Political signs shall be pictorial representations, subject to the following emblems, trademarks, inscriptions requirements: and/or patterns. i. In residential ` (4) Sign wall. The wall of a building zones, non-illumi- upon which a sign is mounted sated political including elements of the wall or signs none of which any member or group of members may exceed twelve which define the exterior bounda- (12) square feet in ries of the side of the building area, may be on which the sign is mounted, and displayed on each which has a slope of 45 degrees or premises. Such signs greater with the horizontal shall not be erected plane. earlier than 30 days (5) Special events sign. A sign prior to the date of announcing grand openings, the the election for the Parade of Homes, philanthropic candidate or issue events, events of non-profit indicated on the organizations, or events of civic sign and all such interest. . signs shell be (6) Spinner, A device shaped in a removed no later form similar to a propeller and than seven (1) days designed to rotate in the wind to after the election I, attract attention to the premises date. ' on which it is located. ii. In other zones, ., (7) Swinging sign. A sign which, political signs because of its design, construe- - onstrue shall conform to the kion, suspension or attachment is applicable regula- free to swing or move noticeably tions for permitted because of pressure from the signs in the zone. wind. 2. Posters and other (t)(1) Temporary sign. A sign intended non-permanent signs in for a period of display of not windows. more than 30 days, which shall. be 3. Yard sale signs, removed upon completion of the activity or project denoted by the sign. Such signs may be erected in addition to signs otherwise permitted. (2) Time and temperature sign. An : • identification sign which shows the time and/or temperature. !u)(1) Use. For the purpose of the sign regulations, use shall mean a_ h. Integral signs. existing prior to the adoption of these regula- tions shall not be applied toward the maximum sign al- lowance of the building to which they are attached. - ffSS 3 '26 , i6 10 feet and shall be removed ([) Siqns permitted by lone. inches in diameter. upon the sale or lease of 50 (1)' 10, P and OPDH zone re9ulatlj111100 3. Time and temperature percent of the lots or units a. Permitted signs, signs which do not • in the subdivision or 1. Principal uses other exceed 50 square feet in development. These signs than Single family_' area or 25 square feet shall not be applied toward dwellings and duplexes per face, do not project the maximum signage allow- shall be permitted one more than six (6) feet ance specified in each zone. identification facia or r'' into the public Large scale real estate monument sign, ( right-of-way, and are signs shall not be consid- 2. Nonresidential uses in not less than 10 feet ered off-premises signs, the ID-ORP ;one, other above grade. j. Off-premises signs. than ORP uses, shall be c. Dimensional requirements. 1. Off-premises signs shall required to comply with 1. Uses in this zone shall not be permitted in the sign regulations of be allowed a maximum the CO-I and CN-1 residential CO-1, C. building sign area per C8-10 and ORP zones. In zones. sign wall equal to 15% the CB 2 zone, only 3. Residential uses in the of the sign wall on off-premises facia signs OPOH zone shall be which the sign iS to be shall be allowed. permitted signage in mounted. Off-premises signs may accordance with the 2. individual signage be billboard signs or requirements of the un- allowances. derlytng zone. Conner- any other type of sign a. Sign: Facia. cial uses approved as Maximum Area: 10% of allowed in the zone n which the . sign is part of a need located. 9 development shall ravel the sign wart area. Y Maximum Height: 2. Not more than one (1) with the st,n,.ee None. off-premises sign may be requirements of the f;;.l b. Sign: Canopy. erected or maintained 4 and CN-1 zones. Maximum Area: Eight per lot. Two or more uses in an 17-DPP zone shall be (8) square feet. uses may erect a common signage permitted ! Maximum Height: Top off-premises directional 9 ge in accordance of first story, sign. No off-premises with the requirements of 9 D the ORP zone. c. Sign: Awning, sign shall be located b. Provisional signs. • Maximum Area: 25% of closer than 300 feet to 1. Home occupations allowedthe surface of the another off-prentses awning• sign, in accordancc-'56(1)Cr(V) with -I Maximum Height: Top 3. No off-premises sign Section 36-56(b 4 P 9 )( ) Of first steey. shall be located within shall be permitted one ( d. _Sign: Window. 120 feet of a residen- (I) nonilluminated facia i Aliinium Area: 25% of III tial zone, a public sign not to exceed one the area of the park, public or pare- (1) square foot. window. thiol school, religious c. Dimensional requirements, Maximum Height: institution, cemetery, I. Sign, Facia (in ID-RS, i� None. public museum, or the RR RS-5, RS-8, R19 p e. Sin: Monument. administrative or and RS-12). ax mum Arpa: Two judicial offices of Maximum Area: 4 sq. ft. (2) square feet per city, county, state or Maximum Height: Tap of ;) foot of lot front- federal overnments, first story, 9 2, Stan: Facia age, not to exceed a 4. An off-premises signIISM lige: aciaD(inRID-0, I total of 100 square shall be permitted in 1114-44 and Apt-145 zones). feet or 50 square addition to the Maximum Area: 12 sq. ft. feet per sign face. on-premises signage Maximum Height: Five permitted on a lot. The Maximum Height: Tap Of (5) feet. area of the off-premises first story, P (3) CH-1, CC-2 and CI-1 zone sign shall be deducted 3. Sign: Monument (in regulations. from the total sign 1D-RS, RR-1, RS-5, R5-8, a. Permitted signs. area allowed 'or the PMH and RS-121. 1. Signage for residential Same type of on-premises Maximum Area: 24 sq. uses shall comply with signage, ft., or 12 sq, ft. per the sign requirements 5. Off-premises billboard sign face, for residential uses in signs shall not exceed a Maximum Height: Five the RM zones (Sec, height of 25 feet. (3) feet. 36-62(c)(1)co 4. Sign; Monument (in 6. Off-premises billboardID-RM, RM-12, RM-20, ). 2. Facia Signs. signs shall be permitted RNC-20, RM-44 and RM-145 3. Only one (1) of the an area of 144 square zones), following types of feet or 72 square feet signs: per sign face. Bill- i.Area: 48 sq. I. Monument sign. board signs shall not be ft., or 24 sq. ft. per ii, Free-standing sign. applied toward the sign face. 4. Canopy signs. Maximum Height: Five 5. Awning signs. - maximum signage allow- (5) feet. ance permitted on a 6. Window signs. lot. (2) CO-1 and CN-1 zone regulations b. Provisional signs. 11116 _ 7. Off-premises signs shall a. Permitted signs. 1. When two (2) or more [amply with all other 1. Signage for residential uses are located on ae sign requirements of the uses shall comply with lot, a common monument zone in which they are the requirements for or free-standing sign located. residential uses in the may be erected. The k. Special events signs. One 0 RM zones (Sec., maximum area of the (1) non-illuminated sign not 36.62(c)(1)c. 2. Facia signs. common sign may be SOS to exceed 100 square feet is ' larger than the area of permitted on a lot. The use 3. Canopy signs. the maximum individual 4. Monument signs. of a special events sign is 5. Awning signs. sign allowed. restricted to no more than2. Two free-standing or four (4) times in a 12 month 6. Window signs. monument signs are b. Provisional signs. period and for a single permitted provided that 1. When two (2) or more , duration of no more than 30the distance between the uses are located on a days. Special events signs lot, a common monument two signs is no less may include banners, Out than 150 feet as shall not includeyany sign sign shall be permitted. measured along the prohibited by these regula- Said sign shall not exceed the lessor of two frontage of a single tions, Section 36-62(b). lot. Special events signs shall linealsqufoot feetare of lot 3. In the CC-2 zone, barber not be applied toward the pole signs are permitted maximum signage allowance ( e0 or 100 square provided the do not feet (50 square feet per r specified in each zone. exceed three �3) feet in (b) Prohibited signs. The following 2. Barbersign pole length and nine (9) signs are Specifically prohibited in provided do not. inches in diameter. all zones: they 4, Time and temperature (1) Animated signs, excluding barber exceed three (3) feet in pole signs that do not exceed length and nine (9) signs which do not exceed 50 square feet in three (3) feet in height and area or 25 Square feet nine (9) inches in diameter and per sign face, do not excluding time and temperatdre project more than six signs. (6) feet into the public (2) Balloons. right-of-way, and are (3) Hazardous signs. not less than 10 feet (4) Obsolete signs. above grade. (5) Portable signs including signs c. Dimensional requirements. on wheels, trailers and truck 1. Uses in this zone shall beds and excluding those be allowed d maximum temporary signs expressly building sign area per permitted herein, sign wall equal to 16% (6) Roof signs. of the sign wall on (7) Search lights. which the sign is (8) Spinners or other similar• located. devices, (9) Swinging signs. triangle, rectangle or circle (e) Construction. All signs except those which Completely encloses the temporary signs enumerated in Set. - outer perimeter of the sign 36-62(a)(.1)(f) :shall be designed and 1 face, or which completely constructed to withstand a wind encloses the whole group of pressure Of not less than 30 pounds characters or words in the case per square foot of area and loads as of a sign composed of characters required by the Building Code. or words attached directly to a (f) Maintenance. All signs shall be building or an appurtenance to a maintained in .such a manner as to . ante with the mainte: eee' requirements of Sec building. When multiple sign avoid becoming e hazardous sign, . faces are attached to a single (g) Removal. In accordance with the 36-63(f), sign support and face the same following procedure, the Building (3) Existing non-public signs' direction, the faces and any Official or his/her designee shall be located on or over public: area between them shall be authorized to require the removal of property. Such signs shall. be viewed as one Sign face and any illegal or prohibited sign. regulated in accordance with shall be measured from the (1) Before taking action to require Chapter 31 of the Iowa City Code: extremities of the sign face. the removal of any illegal or of Ordinances, Any signs on or: (4) Sign height determination. The prohibited Sign, the Building over the City Plaza shall` ber maximum height Of a sign shall Official or his/her designee regulated by Chapter 9.1 oi';thel be the measurement from grade to sh411 provide written notice to Iowa City Code of Ordinances,_ the highest point on the sign, the owner or operator of the Sec. 36-64. License and permit require-+ In the case where a minimum business to which the sign merits. height is established, the relates. (a) License required. minimum height shall be measured (2) The notice shall specify that (1) Except for those signs not from grade to the lowest point the illegal or prohibited sign requiring a permit, as list4 in! on the sign. shall be removed or brought into Section 36-62(a)(1), it shelf De (5) Minimum sign height. A canopy compliance with this section unlawful for any person to sign or free-standing sign shall within a reasonable time of such erect, alter, move, improve not be less than ten (10) feet notice. remove or convert any :r$14n; above grade. (3) If the sign is not removed or without having a sign erecfr si (b) Locational requirements. repaired, as the case may be, • license in good standing IS'ued• (1) No billboard, canopy, within the time allowed, the by the City. A one-time:*�i ni free-standingor monument erector's license shall.•- b4 sign Building Official or his/her available to a tenant or Ownee' or sign support shall be located designee is hereby authorized to to of a buildingsuch) within a triangular area at have the sign removed to be usedpermit v street intersections, where the as evidence and assess the costs person to install his/her:.Own{ triangle is measured from the of removal against the property sign• intersection of curb lines and for collection in the same (2) The license to erect, alter, its sides are 70 feet in length manner as a property tax. move, improve, remove or convert along arterial streets, 50 feet (h) Nonconforming Signs. It is the any sign as required herein in length along collector intent of these regulations that all shall be known as a sign streets, and 30 feet in length nonconforming signs be eliminated as erector's license and shall'"be along local streets, except that set forth below• issued by the City to the pefson signs may project into this area (1) All signs which are or become desiring to perform the work at 10 or more feet above grade, non-conforming by adoption of indicated above. No such. (2) No part of a billboard, canopy, these regulations shall be license shall be issued to .any` free-standing or monument sign permitted to remain as person until such person shall; or sign support shall be located non-conforming signs. have paid to the City a license' within five (5) feet of any lot (2) Owners of nonconforming signs fee as established by resolii!ionr line except that signs may beit, shall be required to comply with of City Council; and shall rhw eW closer than five (5) feet at ten the maintenance provisions of filed with the Department__91; feet or more above grade, Sec. 36-63(f). Any change or Housing and Inspection Services provided that no part of the ' alteration to a non-conforming a copy or a certificate 0!°$ sign or sign support overhangs sign shall require compliance contractor's public liability any property lines. with the provisions of this insurance policy with coverage (3) No sign shall obstruct ingress Chapter, limits of $100,000.00 per to or egress from any door, (i) Special sign provisions. The person and $300,000.00 per window or fire escape. No sign following signs shall be regulated in occurrence for bodily injury and shall be attached to a stand accordance with the following 126,000.00 for property damr.;e pipe or fire escape. criteria: liability. The City of Iowa City (4) Building signs may be located on i (1) Signs for nonconforming uses. A shall be designated as an • additional insured and the any building wall. However, no e nonconforming use shall be policy shall provide that ;the single sign wall may be covered .: permitted to have the same City is to be notified 30 by more than ISL, . ; amount and type of signage as in advance of the termination 3 ionays (c) Requirements for signs adjacent to would be allowed for such use in residential zones. the most restrictive zone in the policy. The licensee shell (1) Signage and area requirements of• which such use is allowed. indemnify and save harmless the the CO-1 and LN-1 zones shall (2) Historic signs, signs for City from any and all damage, apply to signs which are within historic structures and signs on judgment, cost or expense which ( 100 feet of a residential zone. structures in historic zones. the City may incur or suffer by The Board of Ad reason of said license issu- (2) Except for facia signs, no sign justment may, by shall be located in a required special exception, allow signs ance. front yard within 50 feet of a which do not conform to the (3) A sign erector's license shall residential zone. provisions of this Chapter under be valid for one (1) year from the circumstances described the date of issuance. A (3) Facia signs located within 50 below. All applications one-time sign erector's license feet of a residential zone on pp cations for shall be valid for 30 days from the same side of the street special exceptions hereunder Y shall not be placed on the wall shall be referred to the the date of issuance. The Historic Preservation Commission license fees are set- by resolu- of the building facing the tion of the CityCouncil. residential zone. for review and Comment and shall r (d) Requirements for illuminated signs. be subject to the specific (4) The Building Official or his/her Illuminated signs shall conform to standards listed below and l designee shall be responsible the following requirements: the general standards of Secti z for enforcement of these (1) Except for signs in the ID and 36-91(g)(2). provisions and shall be empow- residertial zones and special a. For buildings registered ered to suspend or revoke a sign erector's license for a viola- event signs, all permitted signs the National Register tion of the sign re 1 may be internally or externally Historic Places or in an 9regulations or illuminated. Those signs zone, signage which does n if the license was obtained by permitted in the 10 and residen- conform with the provisi0 fraud, or if the licensee allows tial zones and special event of this Chapter may any person not in his/her employ allowed i•f it 1 without d valid erector's signs may only be externally s In keeping license to do or cause to be II-- illuminated with white light. with the architectural (2) Illumination through the use of character cf the structure, done any work requiring a exposed lamps and/Or iflert gas and is appropriate to a license. tubes shall be allowed provided particular period in the A pergon aggrieved by the the exposed lamp does not exceed building's history or an revocation, suspension or dental 11 watts or that an inert gas integral part of its of a license meg appeal id tube does not draw more than NO i identity. action to the Board of Adj st- milliamps. When inside frosted b. The Board may exempt an merit. lamps or exposed lamps with a existing sign from th¢ (5) If a license is revoked for any diffusing screen are used, no provisions of Sec, reason, another erectbr's lamp shall exceed 25 watts. 36-63(h)(1) if it can be license shall not be issued to (3) Artifici4l light sources used to demonstrated that said sign such person for twelve (12) illuminate a sign face shall not makes a significant artistic months after revocation. be visible from any street or historic contribution to right-of-way. the community or neighbor- (4) Illuminated signs shall canply hood in which the sign is with the provisions of Section located, subject to canpli- 36-64(d). . `7 So b, Sign: Monument. 1111 ax mum Area: Two (2) square feet per ,) c. Dimensional requirements. lineal foot of lot 1. Uses in this zone shall frontage, not to be allowed a maximum exceed 100 square building sign area per 2. Individual s'gnage feet or 50 sq. ft. sign wall equal to 15% allowances, per sign face. of the sign wall on, a. Lim: Facia. Maximum Height: Five which the sign is to be M ximum Area: 10% of (5) feet. located. to sign wall area. c. Sign: Free-standing. 2. Individual Maximum Weight: signage Max mum Area: Two allowances. None. (2) square feet per a. Sign: Facia. b. Sign: Monument. lineal foot of lot Max mum Area: 10% of Maximum Area: Two frontage, not to the sign wall area. (2) square feet per exceed 100 square Maximum Height: lineal foot o' lot feet or 50 sq. ft. None. frontage, not to per sign face. b. Sign: Monument. exceed 100 square Maximum Height: 25 Maximum Area: Two feet or 50 sq. ft. feet. (21 square feet per per sign face. d. Sign: Canopy. lineal foot of lot Maximum Height: Five Maximum Area: 12 frontage, not to (5) feet, square feet. exceed 150 s e c. _Sign: Free-standiig, Maximum Height: Top feet or 125 s . ft' t. Maximum Area: Two of first story. q' (2) square feet per e. Simon: Awning. Maximumr sig"Height: lineal foot of lot Maximum Area: 25% of Five frontage, not to the surface of the (5) feet. exceed 250 square awning. MaxiC. Maxillgn umee etamum Area: O. One feet Or 125 square Maximum Height: Top (1) square foot er feet per sign face. of first story. lineal foot of lot • Maximum Height: f. SSiinn: Window, fronts to 25 feet. Maximum Area: 25% of 9e not re U. Sign: Canopy, the area of the exceed 100 square a19ximum Area: 12 window. feet or 50 sq. ft. square feet. Maximum Height: per sign face. Maximum Height: Top None, Maximum Height: 25 of first story. (5) CB-10 zone regulations. .0 feet. e. �Siy�nn: Awning. a. Permitted signs. d. Sign: Window. Maximum Area: 25% of 1. Signage for residential Maximum Area: 25% of the surface of the uses shall comply with the area of the awning. the sign requirements window where it is Maximum Height: Top for residential uses in mounted. Maximum Height: of first story, the RM zones (Sec. None. f. Si n: Window. 36-62(c)(I)c). Maimum Area: 25% of 2. Facia signs. Sat. 36-63.mensixinal riquil Regulations the area of the 3. Canopy signs. (1) Maximum(a) Daregsisignment . gn area. For window. 4. Awning signs. free-standin Maximum Height: 5, Window signs. g and monument None. b. Provisional signs. signs, the individual signage (4) CB-2 zone regulations. 1. When two (2) or more allowancerincludessthe total a, Permitted signs. area all sign faces no - uses are located on a aced with that sign and no sign 1. Signage for residential lot, a common monument face shall exceed one-half of uses shall comply with sign shall be permitted, the allowed sign area, for the sign requirements The area of such sign building signs, the maximum for residential uses in Shall not exceed a total building the PM zones (Sec. of 24 square feet or 12 represent sign area shall 36-62(c)(1)c). square feet per sign the total area of all 2. Facia signs. face. building signs added together. 3. Only one (1) of the11!!! 2. Barber pole signs, The building sign area may be following signs: provided they do gnot divided up among any of the (i) Monument sign. exceed three (3) feet in building signs permitted in the (ii) Free-standing length and nine soca in which the use is g (9) located, provided that each sign. inches in diameter. individual sign does not exceed 4, Canopy signs. 3, Time and temperature the maximum size limits estab- 5. Awning signs. signs which do not lashed for that zone. The 6. Window signs, exceed 50 square feet in maximum number of signs and the b. Provisional signs. area or 25 square feet maximum sign areas, asprovided 1. Time and temperature per sign face, do not herein, shall be applied on a signs which do not project more than six per lot basis. exceed 50 square feet in (6) feet into the public (2) Sign wall area. Where size of a area or 25 square feet right.of-way, and are sign is regulated by the sign per sign face, do not not less than ten (10) wall area, the sign wall area r p ject more than six feet above grade. shall be the total area of the (6) feet into the public c. Dimensional requirements. wail on which the sign is to be right-of-way, and are 1. Uses in this zone shall mounted, not less than 10 feet be allowed a maximum (3) Sign area determination. The above grade. building sign area per area of each sign, regardless of 2. Barber pole signt, sign wall equal to 15% shape, shall be computed by provided they do not of the sign wall on determining the area of a exceed three (3) feet in which the sign is length and nine (9) located'. inches in diameter. 2. Individual signage 3. When two (2) or more allowances. uses are located on a a. __Siggn: Facia. lot, a coon monument lTmum Area: 10% of mm sign shall be permitted. the sign wall area. The maximum area of the Maximum Height: common sign may be 50 None. percent larger than the b. Sign: Canopy. area of the maximum Maximum Area: 12 individual sign al- square feet. lowed. Maximum Height: Top c. Dimensional requirements. of first story. 1. Uses in this zone shall c. Sign: Awning. be allowed a maximum Maximum Area: 25% of building sign area per tfie surface of the sign wall equal to 15% awning. of the sign wall on Maximum Height: Top which the sign is to be of first story. located. d,. -Sign: Window. 2. Individual signage Maximum Area: 25% allowances. of the area of the a. Sign: Facia. window. Maximum Area: 10% of Maximum Height: the sign wall area. None. Maximum Height: (6) 1-1, 1-2 4nd ORP zone regula- None. tions, a. Permitted signs. 1. Facia signs. 11l.I 2. Only one (1) of the g following signs: gall a. Identification monument sign. b. Identification free-standing sign, 3. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on 4 I lot, a common monument, or free-standing sign, may be erected. The') maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed. 2. In the I-1 and i-2 zones, two free-standing or monument signs are permitted provided that the distance between the two Signs is no less than 150 feet as red along the - - of a sinale o2i1. f5.322 (b) Permit required. (1) No sign requiring a permit shall be erected, altered, moved, improved, or Converted without • first Obtaining a sign permit from the Building Official or his/her designee and making payment Of the required permit fee. in addition, all illumi- nated signs shall be subject to the provisions of the Electrical Code and the permit fees required thereunder. (2) A separate permit shall be obtained for each sign. (3) 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. (c) Permit fees. Every applicant, before being issued a sign permit shalt pay to the City such fee as sha be established by resolution of ther,City Council. However, any person Pound to be erecting, altering, mo'ing, improving, Cr converting any •'sign prior to the issuance of a perm , or who has erected, altered, ed, improved, or converted a sign rior to the issuance of a permit, sh i be charged double the normal fee, The payment of such double fee shat not relieve any person frau ,fully complying with the requirement of these regulations in the exer,ut n of the work, nor from any other al- ties prescribed herein. (d) Permits for illuminated signs, "'The application for a sign permit`: in which electrical wiring and connec- tions are to be used shalt" be submitted prior to issuance 0 :the sign permit. The Building Official or his/her designee shall examice.the plans and specifications fo,•:all wiring and connections to dete4ine if they comply with the ElecPlicai Code. , , (e) Applications. Application for i' ign permit shall be made upon e.-form provided by the Building OfficiWor his/her designee and shall contain and have attached thereto a plot plan" with the following Information: (1) Name, address, telephone number, . and sign erector's license number of the applicant. (2) Location of the sign and of the building, structure, Or lot on which the sign is to be attached or erected. (3) Two (2) blueprints or drawings of the plans and specifications of the sign with dimensions, notation of materials, the type Of construction, and method of • attachment to the ground or building. (4) Copy of stress sheets and calculations showing the structure is designed in accordance with the Uniform. Building Code. (5) An application for an electrical permit required for an illumi- nated sign, _ (6) Such other information as may be required. (f) Permit issued. It shall be the duty of the Building Official or his/her designee, upon the filing of an ' application for a sign permit, to examine such application; and if the proposed sign is in compliance with the requirements of these regulations and all other laws and ordinances Of the City, the sign permit shall then be issueed. (g) Permit expiration. If the work authorized under a sign permit has not been completed within six (6) months after date of issuance, said permit shall become null and void. SECTION 1I. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any i 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. • ECTION IV. EFFECTIVE DATE. This rdinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 12th day of "larch, I9 S. 0 c0 ATTEST: )' C[TY C RK �, 84904 March 16,1985 4, c. ORDINANCE NO. 85-3227 AN ORDINANCE AMENDING THE CITY CHARTER TO CLARIFY THE MEANING OF CERTAIN PROVISIONS, AND TO CONFORM CERTAIN TERMS AND PROVI- SIONS TO THE STATE CODE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY THAT: SECTION I . PURPOSE. The purpose of this ordinance is to amend the City Charter so that terms used therein are consistent with similar terms in the Iowa Code, to clarify certain provisions, the meaning of which has been found to be unclear, and to eliminate provisions which are inconsistent with the Iowa Code. SECTION II. AMENDMENTS. The following sections and subsections of the City Charter of Iowa City are hereby repealed, namely, Definitions subsections 7 and 8, and Sections 2.01 , 2.03, 2.05, 2.06, 2.07 , 2.08, 3.01 , 3.02, 3.03, 4.04, 5.02, 6.04, 7.01 , 7.02, 7.03, 7.04, 7.05, 8.01 , and 8.02, and the following are hereby adopted in lieu thereof: 1. Sections 7 and 8 of the DEFINITIONS are hereby amended to read as follows: 7. "Eligible elector" means a person eligible to register to vote in Iowa City. 8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa City. 2. Each of the following sections and subsections shall be amended to read as follows: Section 2.01. Composition. The City Council consists of seven members. Four, to be known as Council members at large, are to be nominated and elected by the quali- fied electors of the City at large. The other three are to be known as District Councilmembers; they are to be nominated by the qualified electors of their respective districts, as provided by Article III, and elected by the qualified electors of the City at large. Section 2.03. Eligibility. To be eligible to be elected to and to retain a Council position, a person must be an eligible elector of Iowa City, and if seeking or 4 2 elected to represent a Council District, must be a domiciliary of that Council District. Section 2.05. Compensation. The Council , by ordinance, shall prescribe the compensation of the Mayor and the other Councilmembers, and the Council shall not adopt such an ordinance during the months of November and December immedi- ately following a regular City election. Section 2.06. Mayor. A. Immediately following the beginning of the terms of Councilmembers elected at the regular City election, the Council shall meet and elect from among its members the Mayor and Mayor pro tem for a term of two years. B. The Mayor is a voting member of the Council , the official rep- resentative of the City, presiding officer of the Council and its policy spokes- man. The Mayor shall present to the City no later than February 28, an annual State of the City message. C. The Mayor pro tem shall act as Mayor during the absence of the Mayor. Section 2.07. General powers and duties. • All powers of the City are vested in the Council , except as otherwise provided by State law or this Char- ter. Section 2.08. Appointments. A. The Council shall appoint the City Manager. B. The Council shall appoint the City Clerk. C. The Council shall appoint the City Attorney and such other legal counsel as it finds necessary and it shall provide for the appointment of the city legal staff. D. The Council shall appoint all members of the City's Boards, except as otherwise provided by State law. 477 3 E. The Council shall fix the amount of compensation, if any, of persons it appoints and shall provide for the method of compensation of other City employees. All appointments and promotions of City employees shall be made according to job- related criteria and be consistent with nondiscri- minatory and equal employment opportunity standards estab- lished pursuant to law. Section 3.01. Nomination. A. An eligible elector of a council district may become a candidate for a council district seat by filing with the city clerk a valid petition requesting that his or her name be placed on the ballot for that office. The petition must be filed not more than sixty- five (65) days nor less than forty (40) days before the date of the election and must be signed by eligible electors from the candidate' s district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) per- sons. B. An eligible elector of the City may become a candidate for an at-large Council seat by filing with the city clerk a petition requesting that the candidate' s name be placed on the ballot for that office. The petition must be filed not more than sixty-five (65) nor less than forty (40) days before the date of the election and must be signed by eligible electors equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. Section 3.02. Primary election. A. If there are more than two can- didates for a Council District seat, a primary election must 91 4 be held for that seat with only the qualified electors of that Council District eligible to vote. The names of the two candidates who receive the highest number of votes in the primary election are to be placed on the ballot for the regular City election as candidates for that Council seat. B. If there are more than twice as many candidates as there are at large positions to be filled, there shall be a primary election held unless the Council , by ordinance, chooses to have a run-off election. Section 3.03. Regular city election. A. In the regular City election, each Council District seat up for election shall be listed separately on the ballot and only the names of candidates nominated from the Council District shall be listed on the ballot as candidates for that seat. However, all qualified electors of the City shall be entitled to vote for such candidates. The three Council District seats shall be designated on the ballot as Council District A, Council District B and Council District C. B. The at large Council seats shall be designated on the ballot as such. Section 4.04. Duties of city manager. A. The City Manager shall be chief administrative officer of the City, and shall : (1) Ensure that the laws of the City are executed and enforced. (2) Supervise and direct the administration of City government and the official conduct of employees of the City appointed by the City Manager including their employment, training, reclassification, suspen- ' / 5 sion or discharge as the occasion requires, subject to State law. (3) Appoint or employ persons to occupy positions for which no other method of appointment is provided by State law or this Char- ter. (4) Supervise the administra- tion of the City personnel system, including the de- termination of the compen- sation of all City employees appointed by the City Manager, subject to State law or this Char- ter. (5) Supervise the performance of all contracts for work to be done for the City, make all purchases of materials and supplies, and assure that such materials and supplies are received and are of specified quality and character. (6) Supervise and manager all public improvements, works and undertakings of the City, and all City-owned property including buildings, plants, systems, and enterprises and to have charge of their construction, im- provement, repair and maintenance, except where otherwise provided by State law. (7) Supervise the making and preservation of all surveys, maps , plans, drawings, specifications and estimates for the City. (8) Provide for the issuance and revocation of licenses and permits authorized by State law or City ordi- nance and cause a record thereof to be maintained. J.50 6 (9) Prepare and submit to the Council the annual budgets in the form prescribed by State law. (10) Provide the Council monthly an itemized written monthly financial report. (11) Attend Council meetings and keep the Council fully advised of the financial and other conditions of the City as it needs. (12) See that the business affairs of the City are transacted in an efficient manner and that accurate records of all City business are maintained and made available to the public, except as other- wise provided by State law. (13) Provide necessary and reasonable clerical , research and professional assistance to Boards within limitations of the budget. (14) Perform such other and further duties as the Council may direct. B. The City Manager, in performing the foregoing duties, may: (1) Present recommendations and programs to the Council and participate in any discussion by the Council of any matters pertaining to the duties of the City Manager. (2) Cause the examination and investigation of the affairs of any department or the conduct of any employee under supervision of the City Manager. (3) Execute contracts on behalf of the City when authorized by the Coun- cil . Section 5.02. Appointment; removal. The Council shall , subject to the requirements of State law, seek to provide broad representation on all Boards. The Council shall establish 7 procedures to give at least thirty days' notice of vacancies before they are filled and shall encourage nominations by citizens. The Council shall establish conditions for the removal of members for just cause, consistent with State law. Section 6.04. Violations. The Council , by ordinance, shall prescribe (1) penalties for the violation of contribution limita- tions and disclosure requirements it establishes pursuant to this section and (2) when appropriate, conditions for the revocation of a candidate' s right to serve on Council if elected, consistent with State law. Section 7.01. General provisions. A. Authority. (1) Initiative. The qualified electors have the right to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to have the ordinance submitted to the voters at an election. (2) Referendum. The qualified electors have the richt to require reconsideration by the Council of an existing • ordinance and, if the Council fails to repeal such ordinance, to have it submitted to the voters at an election. (3) Definition. Within this article, "ordinance" means all other measures of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administra- tion of a law, policy or plan already enacted by Council . .J� 8 B. Limitations. (1) Subject matter. The right of initiative and referen- dum shall not extend to any of the following: (a) Any measure of an executive or adminis- trative nature. (b) The City budget. (c) The appropriation of money. (d) The levy of taxes or special assessments. (e) The issuance of General Obligation and Revenue Bonds. (f) The letting of contracts. (g) Salaries of City employees. (h) Any measure required to be enacted by State or federal law. (i) Amendments to this Charter. (j) Amendments affecting the City Zoning Ordinance, except those affecting a tract of land two acres or more in size. (2) Resubmission. No initia- tive or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3) Council repeal , amendment and reenactment. No ordinance proposed by initiative petition and adopted by the vote of the Council without submission to the voters, or adopted by the voters pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative ordi- c 3 9 nance. No ordinance referred by referendum petition and repealed by the vote of the Council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition. C. Construction. (1) Scope of power. It is intended that this article confer broad initiative and referendum powers upon the qualified electors of the City. (2) Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing ordinance in whole or in part by virtue of propos- ing a new ordinance and (b) an initiative petition may amend an existing ordinance. (3) Referendum. It is intended that a referendum petition may repeal an ordinance in whole or in part. D. Effect of filing petition. The filing of an initiative or referendum petition does not suspend or invalidate any ordinance under consideration and such ordinance shall remain in full force and effect until its amendment or repeal by Council pursuant to Section 7.05A or until a majority of the qualified electors voting on an ordinance vote to repeal or amend the ordinance and the vote is certified. E. City obligation. An initiative or referendum vote which repeals an existing ordinance in whole or in part does not affect any obligations entered into by the City, its agencies 10 or any person in reliance on the ordinance during the time it was in effect. Section 7.02. Commencement of proceedings; affidavit. A. Commencement. One or more qualified electors, hereinafter referred to as the "petition- ers," may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will supervise the circulation of the petition and will be re- sponsible for filing it in proper form, stating their names and addresses and speci- fying the address to which all relevant notices are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be recon- sidered. B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears to have signatures of one or more qualified electors. The City Clerk shall issue the appropriate petition forms on the same day the affidavit is accepted for filing. The City Clerk shall cause to be prepared and have available to the public, forms and affida- vits suitable for the commence- ment of proceedings and the preparation of initiative and referendum petitions. Section 7.03. Petitions; revocation of signatures. A. Number of signatures. Initia- tive and referendum petitions must be signed by qualified electors equal in number to at least twenty-five percent of the number of persons who voted in the last regular City election, but by no fewer than two thousand five hundred qualified electors. B. Form and content. All papers of a petition prepared for filing must be substantially uniform in size and style and c.5:r 11 must be assembled as one instrument. Each person signing shall provide, and the petition form shall provide space for, the signature, printed name, and address of the person signing, the date the signature is executed, and any other information required by City Council . The form shall also provide space for the signer's birthdate, but a failure to enter a birthdate shall not invalidate a signer' s signature. Petitions prepared for circulation must contain or have attached thereto through- out their circulation the full text of the ordinance proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the ordinance being proposed or referred. C. Affidavit of circulator. Each paper of a petition containing signatures must have attached to it when filed an affidavit executed by a qualified elector certifying: the number of signatures on the paper, that he or she personally circulated it, that all signatures were affixed in his or her presence, that he or she believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by State law. D. Time for filing initiative petitions. Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under Section 7.02A was filed. 12 E. Time for filing referendum petitions. Referendum peti- tions may be filed within sixty days after final adoption by the Council of the ordinance sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under Section 7.02A was filed. F. Revocation of signature. Prior to the time a petition is filed with the City Clerk, a signa- tory may revoke his or her signature for any reason by filing with the City Clerk a statement of his or her intent to revoke his or her signature. After a petition is filed a signatory may not revoke his or her signature. The City Clerk shall cause to be prepared and have available to the public, forms suitable for the revoca- tion of petition signatures. Section 7.04. Procedure after filing. A. Certificate of City Clerk; amendment. Within twenty days after a petition is filed, the City Clerk shall complete a certificate as to its suffi- ciency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the peti- tioners by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if one or more of the petitioners files a notice of intention to amend it with the City Clerk within two days after receiving a copy of such certificate and files a supplementary petition upon £7 13 additional papers within fifteen days after receiving a copy of such certificate. Such supplementary petition shall comply with the requirements of Subsections B and C of Section 7.03, and within fifteen days after it is filed, the City Clerk shall complete a certifi- cate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners by registered mail as in the case of an original petition. If a petition or amended petition is certified suffi- cient, or if a petition or amended petition is certified insufficient and one or more of the petitioners do not amend or request Council review under Subsection B of this Section within the time prescribed, the City Clerk shall promptly present the certificate to the Council . B. Council review. If a petition has been certified insufficient by the City Clerk and one or more of the petitioners do not file notice of intention to amend it or if an amended petition has been certified insufficient by the City Clerk, one or more of the petitioners may, within two days after receiving a copy of such certificate, file with the City Clerk a request that it be reviewed by the Council . The Council shall review the cer- tificate at its next meeting following the filing of such a request, but not later than thirty days after the filing of the request for review, and shall rule upon the sufficiency of the petition. C. Court review; new petition. Each qualified elector has a right to judicial review of Council 's determination as to the sufficiency of a petition. Proceedings for judicial review will be equitable in nature and 5 14 must be filed in the State District Court for Johnson County. The right to judicial review is conditioned upon the timely filing of a request for Council review under Section 7.04B, and the filing of the petition for court review within thirty days after determination by Council as to the sufficiency of the peti- tion. A determination of insufficiency, even if sus- tained upon court review, shall not prejudice the filing of a new petition for the same purpose. D. Validity of signatures. A petition shall be deemed sufficient for the purposes of this Article if it contains valid signatures in the number prescribed by Section 7.03 and is timely filed, even though the petition may contain one or more invalid signatures. A signature shall be deemed valid unless it is not the genuine signature of the qualified elector whose name it purports to be, or it was not voluntar- ily and knowingly executed. A valid signature need not be in the identical form in which the qualified elector' s name • appears on the voting rolls, nor may a signature be deemed invalid because the address accompanying the name on the petition is different from the address for the same name on the current voting rolls if the qualified elector' s birth date is provided and is as shown on the voting rolls. Section 7.05. Action on petitions. A. Action by council . When an initiative or referendum petition has been determined sufficient, the Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance. If the Council fails to adopt a proposed initiative ordinance and fails to adopt an 15 ordinance which is similar in substance within sixty days, or if the Council fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the qualified electors of the City as hereinafter prescribed. The Council shall submit to the voters any ordinance which has been proposed or referred in accordance with the provisions of this Article unless the petition is deemed insufficient pursuant to Section 7.04. If at any time more than thirty days before a scheduled initiative or referendum election the Council adopts the proposed initiative ordinance or adopts an ordinance which is similar in substance or if the Council repeals a referred ordinance, the initiative or referendum proceedings shall terminate and the proposed or referred ordinance shall not be submit- ted to the voters. B. Submission to voters. The vote on a proposed or referred ordinance shall be held at the regular city election or at the general election which next occurs more than forty (40) days after the expiration of the appropriate sixty- or thirty-day period provided for consideration or reconsiderati- on in Section 7.05A, provided, however, that the council may provide for a special referen- dum election on a referred ordinance any time after the expiration of the thirty-day period provided for reconsid- eration in Section 7.05A. Copies of the proposed or referred ordinance shall be made available to the qualified electors at the polls and shall be advertised, at the city's expense, in the manner required for "questions" in Section �6 16 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed ordinance shall be indicated on the ballot. Section 8.01. Charter amendments. This Charter may be amended only by one of the following methods: A. The Council , by resolution, may submit a proposed amendment to the voters at a City election, and a proposed amendment becomes effective when approved by a majority of those voting. B. The Council , by ordinance, may amend the Charter. However, within thirty (30) days of publication of the ordinance, if a petition signed by eligible electors of the City equal in number to ten percent of the persons who voted at the last preceding regular City election is filed with the Council , the Council must submit the amending ordinance to the voters at a City election, and the amendment does not become effective until approved by a majority of those voting. C. If a petition signed by eligible electors of the City equal in number to ten percent of the persons who voted at the last preceding regular City election is filed with the Council proposing an amendment to the Charter, the Council must submit the proposed amendment to the voters at a City election, and the amend- ment becomes effective if approved by a majority of those voting. Section 8.02. Charter Review Commis- sion. The Council , using the procedures prescribed in Article V, shall es- tablish a Charter Review Commission at least once every ten years following the effective date of this Charter. The Commission, consisting of at least nine members, shall review the existing Charter and may, within twelve 17 months recommend any Charter amend- ments that it deems fit. The Council shall submit such amend- ments to the voters in the form prescribed by the Commission, and an amendment becomes effective when approved by a majority of those voting. The Commission may also recommend to the Council that it exercise its power of amendment pursuant to Section 8.01.B. of this Charter on a matter recommended by the Commission. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of this 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 un- constitutional . 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 12th day of March, 19851 MA OR ATTEST. 22j „) dye 7ese_AAJ CITY CLERK • Ord. No. 85-3227 • It was moved by Erdahl , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO BAKER x DICKSON • x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration Vote for passage: Second consideration Vote for passage: Date published March 20, 1985 Moved by Erdahl, seconded by Strait, 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 consid- eration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber Nays: None CITY OF IOWA 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. 85-3227 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of March , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the zOth day of March , 19 85 Dated at Iowa City, Iowa, this 12thday of April ,19 85 G Ram na Parrott, Deputy City Clerk 12:-_,..' gs-`3327 OFFICIAL PUBLICATION ORDINANCE NO. 85-3227 Section 3.01. Nomination. AN ORDINANCE AMENDING THE CITY CHARTER TO A. co eligible elector of a council ome a CLARIFY THE MEANING OF CERTAIN PROVISIONS, candidate districtformay council AND TO CONFORM CERTAIN TERMS AND PROVI- district seat by filing with SIGNS TO THE STATE CODE. the city clerk a valid petition or her BE IT ORDAINED BY THE CITY COUNCIL OF IOWA bequesting placed tont the ballot nam CITY THAT: that office. The petition must SECTION I. PURPOSE. The purpose of be filed not more than sixty- this ordinance is to amend the City five (65) days nor less than Charter so that terms used therein are forty (40) days before the date Consistent with similar terms in the Iowa of the election and must be Code, to clarify certain provisions, the signed by eligible electors meaning of which has been found to be from the candidate's district unclear, and to eliminate provisions which equal in number to at least two are inconsistent with the Iowa Code. (2) percent of those who voted SECTION II. AMENDMENTS. The following to fill the same office at the sections and subsections of the City last regular city election, but Charter of Iowa City are hereby repealed, not less than ten (10) per- namely, Definitions subsections 7 and 8, sons. and Sections 2.01, 2.03, 2.05, 2.06, 2.07, B. An eligible elector of the 2,08, 3.01, 3.02, 3.03,`4.04, 5.02, 6.04, City may become a candidate for 7.01, 7.02, 7.03, 7.04, 7.05, 8.01, and an at-large Council seat by 8.02, and the following are hereby adopted filing with the city clerk a in lieu thereof: petition requesting that the 1. Sections 7 and 8 of the DEFINITIONS candidate's name be placed on are hereby amended to read as follows: the ballot for that office. an The petition must be filed not 7. "Eligible elector" means a person more than sixty-five (65) nor eligible to register to vote in less than forty (40) days q�, Iowa City. before the date of the election 8. Qualified elector" means a and must be signed by eligible Printers fee S t._ resident of Iowa City who is electors equal in number to at registered to vote in Iowa City. least two (2) percent of those 2. Each of the following sections and who voted to fill the same CERTIFICATE OF PUBLICATION subsections shall be amended to read office at the last regular city as follows: election, but not less than ten STATE OF IOWA, Johnson County.ss: Section 2.01. Composition. (10) persons. • THE IOWA CITY PRESS-CITIZEN The City Council consists of seven members. Four, to be known as Section 3.02. Primary election. A. If there are more than two can- Council members at large, are to be didates for a Council District nominated and elected by the quali- seat, a primary election must fled electors of the City at large. be held for that seat with only I The other three are to be known as the qualified electors of that District Councilmembers; they are Council District eligible to Bronwyn S. Van Fossen, being duly to be nominated by the qualified vote. The names of the two electors of their respective candidates who receive the sworn, say that. I am the cashier of the districts, as provided by Article highest number of votes in the IOWA CITY PRESS-CITIZEN. a news- III, and elected by the qualified primary election are to be published in said county, and that electors of the City at large. paper Section 2.03. Eligibility. placed on the ballot for the a notice, a printed copy of which is To be eligible tto be elected to and regular City electionhas to retain a Council candidates for that Council hereto attached. was published in said position, a seat. aper I timels), on the fol- person must be an eligible elector B. If there are more than twice as P Pof Iowa City, and if seeking or manycandidates as there are at lowing date(s): elected to represent a Council lare positions to be filled, District, must be a domiciliary of there shall be a primary that Council District. election held unless the Section 2.05. Compensation. Council, by ordinance, chooses �yy� The Council, by ordinance, shall to have a run-off election. ✓/ O / g _ presr-ibe the compensation of the Section 3.03. Regular city election. J ` A. In the regular City election, ^ , .-A \ �� Mayor and the other Col not adopt each Council District seat up ,�_i'�_i,^r�/�/ t1lJ l�� _�,�1 and the Council shall not adopt for election shall be listed such an ordinance during the months separately on the ballot and Cashier of November and December inmedi- only the names of candidates ately following a regular City nominated from the Council election. District shall be listed on the Section 2.06. Mayor, ballot as candidates for that Subscribed and sworn to before me A. immediately following the seat. However, all qualified beginning of the terms of electors of the City shall be Counciimembers elected at the entitled to vote for such regular City election, the candidates. The three Council this/ ay of . A•D. Council shall meet and elect District seats shall be from among its members the designated on the ballot as Kr 1'` Mayor and Mayor pro tem for a Council District A, Council 1'915 )+ term of two years. District B and Council District /`, 8. The Mayor is a voting member of C. the Council, the official rep- B. The at large Council seats resentative of the City, presidingshall be designated on the �• officer of the ballot as such. Notary Public Council and its policy spokes- Section 4.04. Duties of city manager. man. The Mayor shall present to A. The City Manager shall be chief O ��L/ the City no later than February administrative officer of the c 28, an annual State of the City City, and shall: message. (1) Ensure that the laws of C. The Mayor pro tem shall act as the City are executed and o,P a'pf SHARON STL e ib Mayor during the absence of the enforced. A' Mayor- (2) Supervise and direct the • .,3." Section 2.07. General powers and administration of City duties. government and the All powers of the City are vested official conduct of in the Council, except as otherwise employees of the City provided by State law or this Char- appointed by the City ter. Manager including their Section 2.08. Appointments. employment, training, A. The Council shall appoint the reclassification, suspen- City Manager. Sion or discharge as the B. The Council shall appoint the occasion requires, subject City Clerk. to State law. C. The Council shall appoint the (3) Appoint or employ y nsrs for City Attorney and such other to occupy positions for legal counsel as it finds which no other method of necessary and it shall provide appointment is provided by for the appointment of the city State law or this Char- • legal staff. ter. D. The Council shall appoint all (4) Supervise the administra- members of the City's Boards, tion of the City personnel except as otherwise provided by system, including the de- State law. termination of the compen- E. The Council shall fix the cation of all City amount of compensation, if any, employees appointed by the of persons it appoints and City Manager, subject to shall provide for the method of State law or this Char- compensation of other City ter. • employees. All appointments and promotions of City employees shall be made according to job- ' related criteria and be consistent with nondiscri- minatory and equal employment opportunity standards estab- lished pursuant to law. z f3 (5) Supervise the performance Section 7.01. General provisions. C. Construction. of all contracts for work A. Authority. (1) Scope of power. it is to be done for the City, (1) Initiative. The qualified intended that this article make all purchases of electors have the right to confer broad initiative materials and supplies, propose ordinances to the and referendum powers upor and assure that such Council and, if the the qualified electors of materials and supplies are Council fails to adopt an the City. received and are of ordinance so proposed (2) Initiative, It is specified quality and without any change in intended that (a) no character, substance, to have the initiative petition will (6) Supervise and manager all ordinance submitted to the be invalid because it public improvements, works voters at an election. repeals an existing and undertakings of the (2) Referendum. The qualified ordinance in whole or In City, and all City owned electors have the right to part by virtue of propos- property including require reconsideration by ing a new ordinance and buildings, plants, the Council of an existing (b) an initiative petition systems, and enterprises ordinance and, if the may amend an existing and to have charge of Council fails to repeal ordinance. such ordinance, to have it 3 Referendum. It is intended their construction, im- ( ) provement, repair and submitted to the voters at that a referendum petition maintenance, except where ap election, may repeal an ordinance in otherwise provided by • (3) Definition. Within this whole or in part. State law. article, "ordinance" means O. Effect of filing petition. The (7) Supervise the making and all other measures of a filing of an initiative or preservation of all legislative nature, referendum petition does not surveys, maps, plans, however designated, which suspend or invalidate any drawings, specifications (a) are of a permanent ordinance under consideration and estimates for the rather than temporary and such ordinance shall remain City. character and (b) include in full force and effect until (8) Provide for the issuance a proposition enacting, its amendment or repeal by and revocation of licenses amending or repealing a Council pursuant to Section and permits authorized by new or existing law, 7.05A or until a majority of State law or City ordi- policy or plan, as opposed the qualified electors voting nance and cause a record to one providing for the on an ordinance vote to repeal thereof to be maintained, execution or administra- or amend the ordinance and the tion of a law, policy or vote is certified. (9) Prepare and submit to the plan already enacted by E. City obligation. An initiative Council the annual budgets Council. or referendum vote which in the form prescribed by B. Limitations. repeals an existing ordinance State law. (1) Subject matter. The right -in whole or ir, part oes not of initiative and referee- affect any obligationsd entered (10) Provide the Council dum shall not extend to into by the City, its agencies monthly an itemized any of the following: written monthly financial (a) Any measure of an or any person in reliance or report, executive or adminis- the ordinance during the time (11) Attend Council meetings trative nature. it was in effect. and keep the Council fully (b) The City budget. Section 7.02. COmaencarcnt of advised of the financial (c) The appropriation of proceedings; affidavit. A. Commencement. One or more and other conditionsof money. the City as it needds.. (d) The levy of taxes or qualified electors, hereinafter (12) See that the business special assessments. referred to as the "petition- affairs of the City are (e) The issuance of ers," may commence initiative transacted in an efficient General Obligation or referendum proceedings by manner and that accurate and Revenue Bonds. filing with the City Clerk an records of all City (f) The letting of affidavit stating they will business are maintained contracts. supervise the circulation of and made available to the (g) Salaries of City thewill be re- public, sponsible for filingtition and it in except as other- employees. wise provided by State (h) Any measure required proper form, stating their law. to be enacted by names and addresses and speci- (13) Provide necessary and State or federal fying the address to which all reasonable clerical, law. relevant notices are to be research and professional (i) Amendments to this sent, and setting out in full assistance to Boards Charter, the proposed initiative within limitations of the (j) Amendments affecting ordinance or citing the budget. the City Zoning ordinance sought to be recon- (10) Perform such other and Ordinance, except sidered. further duties as the those affecting a B. Affidavit. The City Clerk Council may direct. tract of land two shall accept the affidavit for B. The City Manager, in performing acres or more in filing if on its face it the foregoing duties, may: size. appears to have signatures of (1) Present recommendations (2) Resubmission. No initia- one or more qualified electors. and programs to the tine or referendum The City Clerk shall issue the Council and participate in petition shall be filed appropriate petition forms on any discussion by the within two years after the the same day the affidavit is Council of any matters same measure or a measure accepted for filing. The City pertaining to the duties substantially the same has Clerk shall cause to be of the City Manager, been submitted to the prepared and have available to (2) Cause the examination and voters at an election. the public, forms and affida- investigation of the (3) Council repeal, amendment vits suitable for the commence- affairs of any department and reenactment. No ment of proceedings and the or the conduct of any ordinance proposed by preparation of initiative and employee under supervision initiative petition and referendum petitions. of the City Manager. adopted by the vote of the Sectio^ 7.03. Petitions; revocation (3) Execute contracts on Council without submission of signatures. behalf of the City when to the voters, or adopted A. Number of signatures. Initia- authorized by the Court- by the voters pursuant to tive and referendum petitions cil, this article, may for two must be signed by qualified Section 5.02. Appointment; removal. years thereafter be electors equal in number to at • The Council shall, subject to the repealed or amended except least twenty-five percent of requirements of State law, seek to by a vote of the people, the number of persons who voted provide broad representation on all unless provision is in the last regular City Boards. The Council shall establish otherwise made in the election, but by no fewer than procedures to give at least thirty original initiative ordi- two thousand five hundred days' notice of vacancies before nance. No ordinance qualified electors. they are filled and shall encourage referred by referendum B. Form and content. All papers nominations by citizens. The petition and repealed by of a petition prepared for Council shall establish conditions the vote of the Council filing must be substantially for the removal of members for just without submission to the uniform in size and style and cause, consistent with State law, voters, or repealed by the mast be assembled as one Section 6.04. Violations, voters pursuant to this instrument. Each person The Council, by ordinance, shall article, may be reenacted signing shall provide, and the prescribe (1) penalties for the for two years thereafter petition form shall provide violation of contribution limita- except by vote of the space for, the signature, tions and disclosure requirements people, unless provision printed name, and address of it establishes pursuant to this is otherwise made in the the person signing, the date tillsection and (2) when appropriate, original referendum the signature is executed, and conditions for the revocation of a petition, any other information required candidate's right to serve on by City Council. The form Council if elected, consistent with shall also provide space for State law. the signer's birthdate, but a failure to enter a birthdate shall not invalidate a signer's signature. Petitions prepared for circulation must contain or have attached thereto through- out their circulation the full text of the ordinance proposed or sought to be reconsidered. The petition filed with the City Clerk need have attached to it only one copy of the ordinance being proposed or referred. GNU. 3--3-"?,27 j C. Affidavit of circulator. Each paper of a petition containing __ _ _ signatures must have attached shall rule upon the sufficiency Section 8.01. Charter amendments. to it when, filed an affidavit of the petition. This Charter may be amended only by executed by a qualified elector C. Court review; new petition. one of the following methods: I certifying: the number of Each qualified elector has a A. The Council, by resolution, may ,l signatures on the paper, that right to judicial review of submit a proposed amendment to he or she personally circulated Council's determination as to the voters at a City election, it, that all signatures were the sufficiency of a petition, and a proposed amendment affixed in his or her presence, Proceedings for judicial review becomes effective when approved that he or she believes them to will be equitable in nature and by a majority of those voting, be genuine signatures of the must be filed in the State 8. The Council, by ordinance, may persons whose names they District Court for Johnson amend the Charter. However, purport to be and that each within thirty (30) dots of County. The right toudicial publication of the ordinance, signer had an opportunity review is conditioned uponn the before signing to read the full timely filing of a request for if a petition signed by text of the ordinance proposed Council review under Section eligible electors of the City or sought to be reconsidered. 7.046, and the filingof the equal in number to ten percent Any person filing a false petition for courtreview of the persons who voted at the affidavit will be liable to within thirty days after last preceding regular City criminal penalties as provided determination by Council as to election is filed with the by State law, the sufficiency of the pets- Council, the Council must O. Time for filing initiative tion. A determination of submit the amending ordinance petitions. Signatures on an insufficiency, even if sus- to the voters at a City initiative petition must be tained upon court review, shall election, and the amendment secured and the petition filed not prejudice the filing of a does not become effective until within six months after the new petition for the same a approved by a majority of those date the affidavit required purpose. voting. under Section 7.02A was filed. D. Validity of signatures. A C. If a petition signed by E. Time for filing referendum petition shall be deemed eligible electors of the City equal in number to ten percent petitions. Referendum peti- sufficient for the purposes of tions may be filed within sixty this Article if it contains of the persons who voted at the days after final adoption by valid signatures in the number last preceding regular City the Council of the ordinance prescribed by Section 7.03 and election is filed with the sought to be reconsidered, or is timely filed, even though Council proposing an amendment subsequently at any time more the petition may contain one or to the Charter, the Council than two years after such final more invalid signatures. q must submit the proposed adoption. The signatures on a signature shall be deemed valid amendment to the voters at a referendum petition must be unless it is not theCity election, and the amend- referendum signature genuinelivent becomes effective if cure secured during the sixty days g of the qualified approved by a majority of those after such final adoption; elector whose name it purports however, if the to be, or it was not voluntar- voting. petition is Section 8.02. Charter Review Commis- filed more than, two years after fly and knowingly executed. A Sion final adoption, the signatures valid signature need not be in The Council, using the procedures must be secured within six the identical form in which the months after the date the qualified elector's name prescribed in Article V, shall es affidavit required under appears on the voting rolls, tablish a Charter Review Commission Section 7,024 was filed. nor may a signature be deemed at least once every ten years F. Revocation of signature. Prior invalid because the address following the effective date of to the time a petition is filed accompanying the name on the this Charter. The Commission, with the City Clerk, a sigma- petition is different from the consisting of at least rine tory may revoke his or her address for the same name on members, shall review the existing signature for any reason by the current voting rolls if the Charter and may, within twelve filing with the Citya,Clerk a qualified elector's birth date months recommend any Charter amend- statement of his or her intent is provided and is as shown on ments that it deems fit. The to revoke his or her signature, the voting rolls. Council shall submit such amend- After a petition is filed a Section 7.05. Action on petitions. ments to the voters in the form signatory may not revoke his or A. Action by council. When an prescribed by the Commission, and her signature. The City Clerk initiative or referendum an amendment becomes effective when shall cause to be prepared and petition has been determined. approved by a majority of those have available to the public, sufficient, the Council shall voting. The Commission may also forms suitable for the revoca- promptly consider the proposed recommend to the Council that it • tion of petition signatures. initiative ordinance or exercise its power of amendment reconsider the referred Section 7.04. Procedure after filing. pursuant to Section 6.01.8. of this A. Certificate of City Clerk; ordinance, If the Council fails Charter on a matter recommended by amendment, Within twenty days to adopt a proposed initiative the Commission. after a petition is filed, the ordinance and fails to adopt an SECTION Iii. REPEALER: All ordinances City Clerk shall complete a ordinance which is similar in and parts of ordinances in conflict with certificate as to its suffi- substance within, sixty days, or the provisions of this ordinance are ciency, specifying, if it is if the Council fails to repeal hereby repealed. insufficient, the particulars the referred ordinance within SECTION IV. SEVERABILITY: If any wherein it is defective and thirty days after the date the section, provision or part of this Ordi- shall promptly send a copy of petition was finally determined nonan shall be adjudged to be invalid or the certificate to the peti- sufficient, it shall submit the unconstitutional, such adjudication shall tioners by registered mail. A proposed or referred ordinance not affect the validity of the Ordinance petition certified insufficient to the qualified electors of as a whole or any section, provision or for lack of the required number the City as hereinafter part thereof not adjudged invalid or un- o` valid signatures may be prescribed. The Council shall constitutional. amended once if one or more of submit to the voters any SECTION Y. EFFECTiVE DATE: This Ordi- the petitioners files a notice ordinance which has been nance shall be in effect after its final of intention to amend it with proposed or referred in passage, approval and publication as the City Clerk within two days accordance with the provisions required by law. after receiving a copy of such of this Article unless the certificate and files a petition is deemed insufficient Passed .nd approved this 12th day of 10 supplementary petition upon. pursuant to Section 7.04. If at March, 198}. additional papers within any time more than thirty days J fifteen days after receiving a before a scheduled initiative e. �� Ii__.�� copy of such certificate. Such or referendum election the / �' t' supplementary petition shall Council adopts the proposed comply with the requirements of initiative ordinance or adopts ATTES Subsections 8 and C of Section an ordinance which is similar �. ti CITY t`RKu� 7.03, and within fifteen days in substance or if the Council 84943 March 20, 1985 after it is filed, the City repeals a referred ordinance, V 00 Clerk shall complete a certifi- the initiative or referendum tate as to the sufficiency of proceedings shall terminate and the petition as amended and the proposed or referred i promptly send a copy of such ordinance shall not be submit- ted to the voters. certificate to the petitioners B. Submission to voters. The vote by registered mail as in the case of an original petition. on a proposed or referred If a petition or amended ordinance shall be held at the petition is certified suffi- regular city election or at the tient, or if a petition or general election which next amended petition is certified occurs more than forty (40) insufficient and one or more of days after the expiration of the petitioners do not amend or the appropriate sixty- or request Council review under thirty-day period provided for Subsection 8 of this Section consideration or reconsiderati- within the time prescribed, the on in Section 7.054, provided, City Clerk shall promptly however, that the council may present the certificate to the provide for a special referen- Council, dum election on a referred B. Council review. If a petition ordinance any time after the has been certified insufficient expiration of the thirty-day by the City Clerk and one or period provided for recansid more of the petitioners do not enation in Section 1.054. file notice of intention to Copies of the propostd or amend it or if an amended referred ordinance shall be petition has been certified made available to the qualified insufficient by the City Clerk, electors at the polls and shall one or more of the petitioners be advertised, at the city's may, within two days after expense, in the manner required receiving a copy of such for "questions" in Section. certificate, file with the City 376.5 of the Iowa Code. The Clerk a request that it be subject matter and purpose of reviewed by the Council. The the referred or proposed Council shall review the ter- ordinance shall be indicated on tificate at its next meeting the ballot. following the filing of such a request, but not later than thirty days after the filing of the request for review, and ORDINANCE NO. 85-3228 AN ORDINANCE TO AMEND THE CITY CHARTER WITH RESPECT TO CAMPAIGN FINANCE DISCLO- SURE BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY THAT: SECTION I . AMENDMENT. Section 6.02 of the City Charter is hereby repealed, and the following is adopted in lieu thereof: Section 6.02. Disclosure of contribu- tions and expenditures. The Council , by ordinance, may prescribe procedures requiring, immediately before and after each regular, special , primary, or run-off election, the disclosure of the amount, source and kind of contributions received and expenditures made by (1) each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or securing the candidate' s nomination or election. SECTION II . REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III . SEVERABILITY: If any section, provision or part of this 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 IV. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and ..proved this 12th day of March, 1985. MAYOR ATTEST: „_ � CITY CLERK ;gfi•a:.3+s8 kl Approved Ord. No. 8S-322. It was moved by Erdahl , and seconded by Strait , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT z ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published March 20, 1985 Moved by Erdahl, 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 consid- eration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco • Nays: Baker CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CO3 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. 85-3228 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of March , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of March , 19 85 . Dated at Iowa City, Iowa, this 12thday of April ,19 85 - , . 'amdna Parrott, Deputy City Clerk Printers fee S/f•?sr OFFICIAL PUBLICATION ORDINANCE NO. 85-3221 _ CERTIFICATE OF PUBLICATION AN ORDINANCE TO AMEND THE CITY CHARTER • STATE OF IOWA, Johnson County.ss: WiTH RESPECT TO CAMPAIGN FINANCE DISCLO- THE IOWA CITY PRESS-CITIZEN SURE BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY THAT: I SECTION t. AMENDMENT. Section 6.02 of The City Charter is hereby repealed, and Bronwyn S. Van Fossen, being duly the following is adopted in lieu thereof: Section 6.02. Disclosure of contribu- sworn, say that I am the cashier of the tions and expenditures. IOWA CITY PRESS-CITIZEN, a news- The Council, by ordinance, may prescribe procedures requiring, paper published in said county, and that immediately before and after each a notice, a printed copy of which is regular, special, primary, or run-off hereto attached, was published in said election, the disclosure of the amount, source and kind of contributions paper l time(s). on the fol- received and expenditures made by (1) lowing date(sl: each candidate for election to Council and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or election. �^ � ( f SECTION II, REPEALER: All ordinances and L ' o2D (q2 } parts of ordinances in conflict with the 1 provisions of this ordinance are hereby repealed, -46-14-f)14-4-A-4" D SECTION III. SEVERABILITY: If any X�.4 Qom `"'"" section, provision or part of this Ordi- nance shall be adjudged to be invalid or Cashier 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 Subscribed and sworn to before me unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in Effect after its finer this day of A.D. passage, approval and publication is required by law. �) \ Passed and a'proved this 12th day of 19 b J March, 198$. 111 Y Or.L ATTEST: / Notary Public O. �`i C 84944 March 20, 1985 N • . � 1-11`.110N STusEiS • i ORDINANCE NO. 85-3229 AN ORDINANCE ADOPTING THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION. I . PURPOSE. The purpose of the ordinance is to adopt the 1984 edition of the National Electrical Code as amended herein, in order to provide for more effective enforcement of the Electrical Code, and to move the Electrical provi- sions from Chapter 11 to Chapter 8 of the Iowa City Code of Ordinances. SECTION II . REPEAL OF PRIOR CODE. Chapter 11 of the Iowa City Code of Ordinances is hereby repealed. SECTION III . ADOPTION AND AMENDMENTS. The following is hereby adopted in lieu of Chapter 11 of the Code of Ordinances. ARTICLE VII. ELECTRICITY DIVISION 1. GENERALLY Sec. 8-101. Short title. This chapter, and all provisions incorporated herein by reference or otherwise, shall be known as the Iowa City Electrical Code or the Electrical Code, may be cited as such and will be referred to herein as such and as "this code." Where the Code of Ordinances of the City of Iowa City is referred to in this article, it will be referred to as the "Code of Ordinances." Sec. 8-102. Scope. The provisions of this code shall apply to installations of electrical conductors and equipment within or on public and private structures and premises ; also the conductors that connect the installations to a supply of electricity and other outside conductors adjacent to the premises; also mobile or manufactured homes used for human occupancy within Iowa City. Additions, alterations and repairs to existing electrical equipment shall comply with the provisions of this code. Sec. 8-103. Definitions. For purposes of this code, the following definitions shall apply: Electrical work: Shall mean all uses, installations , alterations, repairs , removals , replacements, connections, disconnections and maintenance of all premises wiring systems. 2 A fire wall shall be a two-hour wall under Underwriter's Laboratories tests. This may serve as a separation between two (2) or more buildings. Sec. 8-104. Adoption of National Electri- cal Code. Subject to the following amendments, the 1984 Edition of the National Electrical Code, adopted by. the National Fire Protection Association on May 19, 1983, is hereby adopted. Sec. 8-105. Amendments to. the National Electrical Code. (a) Iowa City amendments to the 1984 Edition of the National Electrical Code are as follows: (1) Basement lighting fixtures. In all types of occupancies except indus- trial , one permanent lighting fixture shall be provided for each two hundred (200) square feet of floor area. Stairway lighting shall not be included when calculating the required number of fixtures for the gross floor area of basements or cellars. (2) Stairway lighting shall be located so that stair treads shall never be shadowed by a person using them. The light fixture shall be located at the top and the bottom of the stairs and any dark area. (3) Electrically controlled heating units shall be supplied by a separate circuit, with a properly fused switch at the heating unit. All heating units shall be properly grounded. All wiring on the heating unit shall be in electrical metallic tubing, rigid metallic conduit or flexible metallic tubing. (4) All circuits shall be continuous by means other than attachment to the devices. (5) All types of flexible metallic conduit and tubing may be used where conduit must be fished into concealed places or where subject to vibrations or on light drops. A maximum length of flexible metal conduit of seventy-two (72) inches may be exposed. When flexible metal conduit is used, a grounding conductor of equal current-carrying capacity to the largest current-carrying conductor shall be installed, and be fastened to the fixture and/or box. This shall be done with the appropriate screw which is colored green. 67 3 (b) The following provisions of the National Electrical Code are deleted: (1) Note No. 3 to Tables 310-16 through 310-19, dealing with three-wire, single-phase residential service. (2) Article 331 , dealing with Electrical Nonmetalic Tubing. (3) Article 333, dealing with Armored Cable. (4) Section 600-4 dealing with listing requirements for signs. Sec. 8-106. Moved buildings. Structures moved into or within the city shall comply with the provisions of this code for new structures. Sec. 8-107. Existing buildings. If an existing building is damaged by fire, or otherwise, or altered in a manner to require the replacement of fifty (50) percent or more of the wiring and related equipment, the entire building shall be made to conform to the requirements of this code for new buildings. Further, if there is an addition to an existing building, or a change in the type of use which calls for a new occupancy certifi- cate, the entire building shall be made to conform to the requirements of this Code for new buildings. Sec. 8-108. Furnishing current prior to approval of wiring. No person, firm or corporation carrying current for electrical heat, light or power in the city shall connect its system or furnish current for electrical purposes to any building on any premises which have not been inspected and approved by the electrical inspector. Any person, firm or corporation shall , upon written notice from the electrical inspector to do so, immediately disconnect such building or premises from its source of current. Sec. 8-109. Temporary electrical work. Temporary electrical work shall mean work that is obviously installed for the convenience of a contractor or builder during construction. Such work shall be the complete responsibility of whomever installs it but shall require the inspec- tor's approval prior to being used. Sec. 8-110. Services. (a) All service entrances in and upon residential buildings within the city shall be of a class known as rigid or intermediate metal conduit or non-metallic, except as herein provided. l2 4 If non-metallic conduit is used it shall be of the Schedule 80 class as defined by Underwriter's Laboratories. (b) The minimum height of the service lateral shall be twelve (12) feet above the ground or grade line. The masthead shall be above this height. (c) Services on ranch-type buildings where a service entrance goes through the roof must be not less than two-inch rigid steel and extended above the roof not less than thirty-six (36) inches complete with service head and thirty-six (36) inches of wire extending from the service head. Pipe is to be secured on the wall with two (2) hole straps or an equivalent and weather- proofed where it extends through the roof. (d) All service entrances for commercial or industrial buildings shall be rigid metal conduit, except that portion of the service which is underground may be Schedule 40 non-metallic conduit. (e) For installations in residential occupancies, no service shall be smaller than one hundred (100) amperes. All occupancies over two thousand five hundred (2,500) square feet of floor space, including the basement but excluding the garage, shall be served with a minimum service size of two hundred (200) amperes. (f) All service entrance locations in the central business district shall be approved by the electrical inspector before installation. (g) Each building shall be served with a single set of service entrance conduc- tors. The service conductors shall be properly protected through a single main disconnect, except a residential two-family dwelling may have a main disconnect for each unit. Sec. 8-111. Conduit work. Electrical equipment in or upon build- ings within the city shall be of the class known as rigid metal conduit, intermediate metal conduit or electrical metallic tubing: (a) Except where concealed in single-family structures or two-family structures, including their garages. (b) Except in locations subject to corrosive action on metal . Sec. 8-112. Other wiring methods. All electrical systems not allowed by this code may be reviewed by the board for approval or disapproval . Approval or 5 disapproval may be based on information presented to the board in the form of plans and/or demonstrations and will be considered on a case-by-case basis. Secs. 8-113-8-123. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec. 8-124. Penalty for violation of code. Any person who installs, alters, repairs, maintains, improves or uses any electrical equipment or performs any electrical work in the city or causes the same to be done in violation of any of the provisions of this code shall be guilty of a misdemeanor punishable by a fine not exceeding one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days. Sec. 8-125. Powers and duties of the electrical inspector. The electrical inspector shall have the right to enter upon any property during reasonable hours in the discharge of his/her official duties and shall have the authority to cause the disconnection of any wiring or equipment where such wiring or equipment is dangerous to life or property or may interfere with the work of the fire department. The electrical inspector may inspect any and all electrical installations within the city. He/she may approve, condemn and order removed or remodeled and put in proper and safe condition for the preven- tion of fire and the safety of life all electrical heating and lighting apparatus, motors, machinery, fixtures and connec- tions, electrical equipment used in the utilization of electrical current for light, heat or power purposes and to control the disposition and arrangements of the same. The electrical inspector shall not engage in the business of the sale, installation or maintenance of electrical equipment either directly or indirectly and shall have no financial interest in any firm engaged in such business in the City of Iowa City at any time while holding office. The electrical inspector shall be appointed by the city manager or his/her designee and shall be responsible to the f'Q 6 building official for the enforcement of the electrical code and regulations of the City. Sec. 8-126. Electrical board; creation and authority. There is hereby created an electrical board, referred to herein as "the board," which shall : (a) Periodically review the electrical code and make recommendations thereto to the City Council . (b) Prepare and conduct written examinations and examine the qualifica- tions of applicants for the licenses and certificates required by this code. (c) Suspend or revoke any of the licenses or certificates required by this code for due cause, as provided herein. (d) Act as a board of appeals to hear grievances arising from decisions of the electrical inspector and to provide for reasonable interpretations consistent with the provisions of this code. (e) Act as a board of appeals to approve or disapprove wiring systems not specifically addressed in this code. Sec. 8-127. Appeals. Any person affected by any action, interpretation or notice issued by the electrical inspector with respect to. this code may, in writing, appeal to the board for consideration in accordance with the procedures set forth in the Iowa City Administrative Code. (Code of Ordinances, Chapter 2, Article IX) Secs. 8-128-8-137. Reserved. DIVISION 3. LICENSES, CERTIFICATES, PERMITS AND INSPECTIONS Sec. 8-138. License applications. Any person desiring to take examination for a license required by this code shall make application to the electrical inspector at least fifteen (15) days prior to the test date. The examination shall be practical and of such a nature as to uniformly test the capability of the applicants. It may be written or oral , or a combination thereof. The applicant shall demonstrate to the board his/her qualifications for the particular license and show satisfactory knowledge of the methods and standards of the National Electrical Code, as adopted by the city. 7/. 7 If an applicant fails to pass an examination, he/she may apply for reexami- nation at the end of six (6) months and upon payment of another examination fee. Sec. 8-139. License fees. The fees for examinations, licenses, and permits shall be established by resolution of the City Council . Sec. 8-140. License expiration and renewal. All licenses shall expire on January 1 of each year. Any license that has expired may be reinstated within sixty (60) days after the expiration date upon payment of a reinstatement fee. After the expiration of the aforementioned sixty-day period, no license or certificate shall be renewed except upon recommendation of the board. Sec. 8-141. Required license with the city. (a) No person shall install , alter, maintain or repair any electrical equip- ment unless such person shall have first obtained a master electrician's license from the city. (b) An applicant for an Iowa City master electrician's license must demon- strate to the board's reasonable satisfac- tion that he/she possesses one of the following qualifications: (1) That he/she has been the holder of an unexpired Iowa City journeyman's license for one year or more; or (2) 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 comple- tion of a written journeyman electrician's examination comparable to that of Iowa City and which was administered by such jurisdiction; or (3) 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. (c) Either a licensed master or journeyman electrician shall be on the job at all times while electrical work is in progress. (d) The provisions of this section shall not apply to: 8 (1) The personnel of the traffic engineering division of the 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. (2) A regular employee of any railroad who does electrical work only as a part of that employment. (3) The service or maintenance of • warm air heating equipment provided that such work or maintenance shall only include electrical work on electrical equipment that is part of such warm air heating equipment. Such work shall include the connection of warm air heating equipment to an existing individual branch circuit. Sec. 8-142. Master electrician's license. Whenever a master electrician's license is issued, it shall be in the name of the individual who qualified for it. No license shall be issued in the name of a firm or corporation. However, a master electrician' s license issued to at least one responsible member or officer of a firm, corporation or other association shall authorize such firm, corporation or other association to conduct an electrical contracting business in the city (for the period of time for which the license is granted) , provided such licensee is a partner, officer, director, or manager of such firm, corporation, or association, actively supervising the day-to-day operations of said firm or corporation in the city, and further provided that such licensee shall maintain liability insur- ance certificates with the city, as provided in Section 8-143. In the event all licensed electricians terminate employment with a firm or corporation, the firm or corporation shall not be permitted to do any further electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be completed. A master electrician who terminates his/her employment with a firm or corporation shall notify the electrical inspector immediately. 73 9 Sec. 8-143. Master electrician's insur- ance. Each master electrician or the firm or corporation employing a master electrician doing work under this article shall furnish the city electrical inspector with a copy of a certificate of insurance stating the liability amounts of no less than one hundred thousand dollars ($100,000.00) property damage and three hundred thousand dollars ($300,000.00) bodily injury and a completed products provision. The City of Iowa City shall be named as an additional insured. The policy shall also provide for at least thirty (30) days notice by the Insurer to the City of termination of the policy by the insured or insurer. Sec. 8-144. Journeyman's license. Before a person can apply for a journey- man's license, he/she must have a minimum of one year experience as an apprentice. Sec. 8-145. Apprentice electrician registration. An apprentice electrician need not be licensed, if he/she is employed by an electrical contractor to assist one or more journeyman or master electricians and such apprentice performs work only under the direct supervision of a journeyman or master electrician. However, each apprentice electrician shall register his/her name and other pertinent informa- tion in the building department of the City by making application therefore and paying the registration fee. Sec. 8-146. Maintenance electrician's certificate; when required. A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a state of repair the existing electrical equipment within a building, or group of buildings. A maintenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examina- tion given by the board. Any person holding a maintenance electrician's certificate issued by the city prior to passage of this code shall be reissued renewals of his/her certificate without taking the examination hereinafter provided. 10 The installation of any new or addi- tional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. Each maintenance electrician performing work under this section shall keep an accurate record for the electrical inspector of all work performed in each building and shall , before the fifteenth day of January, April , July and October of each year, file a statement with the electrical inspector of the work performed during the preceding three (3) months. Such statement shall be made under oath. Sec. 8-147. Restricted electrician's license. A restricted electrician's license shall specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of work specified on the license. Sec. 8-148. Permits required. No person shall perform any electrical work without first securing a permit therefor. Sec. 8-149. Issuance of permit. Permits shall be issued only in the name of the person holding an active master electrician's license and the name of the firm he/she represents. No applications for electrical permits shall be accepted for filing if not signed by the licensed master electrician or by the maintenance electrician or restricted electrician who will perform the work. Sec. 8-150. Permits nontransferable; exceptions. Permits are not transferable. Electri- cal work which requires a permit must be done by or under the direct supervision of the licensee. In order to apply for an electrical permit, the master electrician must have on file with the electrical inspector a certificate of insurance which indicates that the electrician, or his/her firm, corporation, or employer carries liability insurance as provided in Section 8-143. The city or electrical board shall verify that a master electrician is employed by a particular corporation and that there is in effect liability insurance which meets the city's requirements. 11 Sec. 8-151. Revocation of permit; expiration of permit; renewal fee. Any permit required by the provisions of this code may be revoked by the electrical inspector for violation of any provision of this code. Every permit issued under the provisions of this code shall expire if the work authorized by such permit is not commenced within one hundred twenty (120) days from the date of issuance of such permit or if the work authorized by such permit is suspended or abandoned for a period of one hundred twenty (120) days or more. Sec. 8-152. Double fee for failure to obtain permit before starting work. Except in emergency situations, as determined by the electrical inspector, when work is started by any person prior to obtaining a permit, the fees for such work shall be doubled. The payment of such doubled fee shall not relieve any persons from fully complying with the requirements of this code in the execution • of the work nor from any other penalties prescribed herein. Prior to the payment of the double fee and issuance of an appropriate permit for the work, no other permits shall be issued to any person, firm or corporation which is in violation of this section Sec. 8-153. Homeowners exempt from license requirements. In cases in which an owner-occupant of a single-family dwelling desires to install electrical equipment or perform any electrical work in such single-family structure, he/she may appear before the electrical inspector and show that he/she is competent to do the specific work. After such showing, he/she may obtain an electrical permit by paying the proper fee. Sec. 8-154. Inspections. It shall be the duty of the person doing electrical work to notify the electrical inspector that said work is ready for inspection. The electrical inspector shall , without undue delay, perform the required inspection and, if the work complies with the provisions of this code, post an inspection notice on or near the work approved. Work that has no notice attached shall be considered unapproved. A reinspection fee may be assessed for each inspection or reinspection when such ' 0955r 12 portion of work for which inspection is called is not complete or when corrections called for are not made. No electrical work shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. The electrical inspector shall, at the permittee's expense, have the authority to remove or cause the removal of lath, plaster, boarding or any other obstruction which may prevent the proper inspection of wires or electrical equipment. When a person is notified that defects exist, he/she shall make corrections within thirty (30) days after notifica- tion. If the corrections are not made, the permittee shall not be issued any other permits until said defects are corrected and approval given by the electrical inspector. SECTION V. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. SEVERABILITY: If any section, 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 un- constitutional . SECTION VII . EFFECTIVE DATE: This Or- dinance shall be in effect after its final passage, approval and publication as required by law. Passed an,' approved this 12th day of March, 1985/ MAYOR ATTEST•4anr. 7eMJ CITY CLERK nerer ail a Appvoveri Oy .f temp Ord. No. 85-322 It was moved by Erdahl , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT i ZUBER First consideration Vote for passage: Second consideration _ Vote for passage Date published March 20, 1985 Moved by Erdahl, seconded by Zuber, 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 consid- eration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait ' Nays: None P1 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. 85-3229 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of March , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of March , 19 85 Dated at Iowa City, Iowa, thisl2th day of April ,19 85 'a •naPa� Deputy City Clerk (aid �f..S- 3 ?- /d�3 OFFICIAL PUBLICATION (b) The following provisions of the National Electrical Code are deleted: ORDINANCE NO, 0S-3229 (1) Note NO. 3 to Tables 310-16 through 310-19, dealing with three-wire, AN ORDINANCE ADOPTING THE 1984 EDITION OF single-phase residential service. THE NATIONAL ELECTRICAL CODE, WITH • (2) Article 331, dealing with • AMENDMENTS, AS THE IOWA CITY ELECTRICAL Electrical Nonmetalic Tubing. CODE. (3) Article 333, dealing with Armored BE IT ORDAINED BY THE CITY COUNCIL OF Cable. THE CITY OF IOWA CITY, IOWA: (4) Section 600-4 dealing with SECTION. I. PURPOSE. The purpose of listing requirements for signs. the ordinance-1s to adopt the 1984 edition Sec. 8-106. Moved buildings. of the National Electrical Code as amended Structures moved into or within the city herein, in order to provide for more shall comply with the provisions of this effective enforcement of the Electrical code for new structures. Code, and to move the Electrical provi- Sec. 8-107. Existing buildings. sions from Chapter 11 to Chapter 8 of the If an existing building is damaged by Iowa City Code of Ordinances. fire, or otherwise, or altered in a manner SECTION II, REPEAL OF PRIOR CODE. to require the replacement of fifty (50) yr Chapter 11 o? the Iowa City Code of percent or more of the wiring and related Ordinances is hereby repealed, equipment, the entire building shall be SECTION III. ADOPTION AND AMENDMENTS. made to conform to the requirements of The following is hereby adopted in lieu of this code for new buildings. Further, if p 4.‘ Chapter 11 of the Code of Ordinances. there is an addition to an existing Printers fee .5 ._O ARTICLE VII. ELECTRICITY building, or a change in the type of use DIVISION 1, GENERALLY which calls for a new occupancy certifi- Sec. 8-101. Short title, tate, the entire building shall be made to This chapter, and all provisions conform to the requirements of this Code CERTIFICATE OF PUBLICATION incorporated herein by reference or for new buildings. STATE OF IOWA, Johnson County,ss: otherwise, shall be known as the Iowa City Sec. 8-108. Furnishing current prior to Electrical Code or the Electrical Code, approval of wiring. THE IOWA CITY PRESS-CITIZEN may be cited as such and will be referred No person, firm or corporation carrying to herein as such and as 'this code,.' current for electrical heat, light or Where the Code of Ordinances of the City power in the city shall connect its system of Iowa City is referred to in this or furnish current for Alectrical purposes . article, it will be referred to as the to any building on any Oremises which have I. 'Code of Ordinances.' not been inspected and approved by the Sec. 8-102, Scope. electrical inspector. Any person, firm or Bronwyn S. Van Fossen, being duly The provisions of this code shall apply corporation shall, upon written notice sworn, say that I am the cashier of the to installations of electrical conductors from the electrical inspector to do so, and equipment within or on public and immediately disconnect such building or IOW?. CITY PRESS CITIZEN, a news- private structures and premises; also the premises from its source of current. paper published in said county, and that conductors that connect the installations Sec. 8-109. Temporary electrical work, a notice, a printed copy of which is to a supply of electricity and other Temporary electrical work shall mean outside conductors adjacent to the work that is obviously installed for the hereto attached, was published in said premises; also mobile or manufactured convenience of a contractor or builder paper i time(s). on the fol- homes used for human occupancy within Iowa during Construction. Such work shall be lowing date(s): City. Additions, alterations and repairs the complete responsibility of whomever to existing electrical equipment shall installs it but shbll require the inspec- conply with the provisions of this code. tor's approval prior to being used. Sec. 8-103. Definitions. Sec. 8-110. Services. For purposes of this code, the following (A) All service entrances in and upon ,,7a-4- x,/0definitions shall apply: / / 7 Electrical work: Shall mean all uses, residential buildings within the city installations, alterations, repairs, shall be of a class known as rigid or removals, replacements. connections � intermediate metal conduit or ` . L,--,..,...4.4....,-7,04,1 ro G ,,� disconnections and maintenance of all /IAA, GJ� premises wiring systems non-meta111c, except as herein provided. If non-metallic conduit is used it shall Cashier A fire wall shall be a two-hour wall of the Schedule 80 class as defined under Underwriter's Laboratories tests. by This may serve as a separation between tyro Underwriter's Laboratories. (2) or more buildings. (b) The minimum height of the service Sec. 8-104. Adoption of National Electra- lateral shall be twelve (12) feet above Subscribed and sworn to before me cal Code. the ground or grade line. The masthead this/Olt day ofSubject to the following amendments, the shall be above this height. Cirs--1"--( 1984 Edition of the National Electrical (c) Services on ranch-type buildings Co �•�• de, adopted by the National Fire .where a service entrance goes through the Protection Association on May 19, 1983, is roof must be not less than two-inch rigid hereby adopted, Steel and extended above the roof not less 19Y57 Sec. 8-105. Amendments to the National than thirty-six (36) inches complete with a Electrical Code. .service head and thirty-six (36) inches of (a) Iowa City amendments to the 1984 wire extending from the service head. Pipe Edition of the National Electrical Code 'is to be secured on the well with two (2) ,____?„.„----- ..,..... _....., _ are as follows: 'bole straps or en equivalent and weather- Notary eather- Notary Public (1) Basement lighting fixtures. In ',proofed where it extends through the roof. all types of occupancies except Indus- (d) Ail service entrances for commercial //1� trial, one permanent lighting fixture or industrial buildings shall be rigid O. !! /8 Q shall be. provided for each two hundred metal conduit, except that portion of the (200) square feet of floor area. Stairway service which is underground may be lighting shall not be included when Schedule 40 non-metallic conduit. ,p calculating the required number of (e) For installations in residential c SIIAR:.:N STLLdti ti fixtures for the gross floor area of occupancies, no service shall be smaller • ;,_, ,• basements or cellars, than one hundred (100) amperes. All o•` (2) Stairway lighting shall be occupancies over two thousand five hundred 'located so that stair treads shall never (2,500) square feet of floor space, • be shadowed by a person using them- The including the basement but excluding the / light fixture shall be located at the tap garage, shall be served with a minimum and the bottom of the stairs and any dark service size of two hundred (200) amperes. area. (f) All service entrance locations in (3) Electrically controlled heating the central business district shall be units shall be supplied by a separate approved by the electrical inspector circuit, with a properly fused switch at before installation. the heating unit. All heating units shall (g) Each building shall be served with be properly grounded. All wiring on the a single set of service entrance conduc- heating unit shall be in electrical tors. The service conductors shall be metallic tubing rigid metallic conduit or properly protected through a single main flexible metallic tubing, disconnect, except a residential (4) All circuits shall be continuous two-family dwelling may have a main • by means other than attachment to the disconnect for each unit. devices. Sec. 8-111. Conduit work. (5) All types of flexible metallic Electrical equipment in or upon build- conduit and tubing may be used where ings within the city shall be of the class conduit must be fished into concealed known as rigid metal conduit, intermediate w-, Places or where subject to vibrations or metal conduit or electrical metallic . _ on light drops. A maximum length of tubing: _ flexible metal conduit of seventy-two (72) inches may be exposed. When flexible metal conduit is used, a grounding • conductor of equal current-carrying capacity to the largest current-carrying ��V • conductor shall be installed, and be C fastened to the fixture and/or box. This shall be done with the appropriate screw . which is colored green. (a) Except where concealed in The applicant shall demonstrate to the Sec. 8-143, Master electrician's insur- single-family structures or two-family board his/her qualifications for the ante. structures, including their garages. _particular license and show satisfactory Each master electrician or the firm or (b) Except in locations subject to knowledge of the methods and standards of corporation employing a master electrician corrosive action on metal, the National Electrical Code, as adopted doing work under this article shall Sec. 8-112. Other wiring methods. be the_city• furnish the City electrical inspector with All electrical systems not allowed by [f an applicant fails to this code may be reviewed by the board for pD pass an a copy of a certificate of insurance approval or disapproval. Approval or examination, he/she may apply for reexami- stating the liability amounts of no less nation at the end of six (6) months and than one hundred thousand dollars disapproval may be based on information upon payment of another examination fee. (1100,000.00) property damage and three presented to the board in the form of Sec. 8-139. License fees, hundred thousand dollars ($300,000.00) plans and/or demonstrations and will be The fees for examinations, licenses, and bodily injury and a completed products considered on a case-by-case basis. permits shall be established by resolution provision. The City of Iowa City shall be Secs. 8-113-8-123. Reserved, of the City Council. named as an additional insured, The DIVISION 2. ADMINISTRATION Sec. 8-140. License expiration and policy shall also provide for at least AND ENFORCEMENT renewal, thirty (30) days notice by the insurer to Sec. 8-124. Penalty for violation of All licenses shall expire on January 1 the City of termination of the policy by code• of each year. Any license that has the insured or insurer. Any person who installs, alters, expired may be reinstated within sixty Sec. 8-144. Journeymen's license. repairs, maintains, improves or uses any (60) days after the expiration date upon Before a person can apply for a journey- electrical equipment or performs any payment of a reinstatement fee. After the man's license, he/she must have a minimum electrical work in the city or causes the expiration of the aforementioned sixty-day of one year experience as an apprentice. same to be done in violation of any of the period, no license or certificate shall be Sec. 8-145. Apprentice electrician provisions of this code shall be guilty of renewed except upon recommendation of the registration. a misdemeanor punishable by a fine not board. An apprentice electrician need not be exceeding one hundred dollars (1100.00) or Sec. 8-141. Required license with the licensed, if he/she is employed by an imprisonment not exceeding thirty (30) city, electrical contractor to assist one or days. (a) No person shall install, alter, more journeyman or master electricians and Sec. 8-125, Powers end duties of the maintain or repair any electrical equip- such apprentice performs work only under electrical inspector, ment unless such person shall have first the direct supervision of a journeyman or The electrical inspector shall have the obtained a master electrician's license raster electrician. However, each right to enter upon any property during from the city. apprentice electrician shall register reasonable hours in the discharge of (b) An applicant for an Iowa City his/her name and other pertinent informa- his/her official duties and shall have the master electrician's license must demon- tion in the building department of the authority to cause the disconnection of strate to the board's reasonable satisfac- City by making application therefore end any wiring or equipment where such wiring tion that he/shein possesses one of the paying the registration fee, or equipment is dangerous to life or . following qualifications: Sec. 8-146. Maintenance electrician's property or may interfere with the work of (1) That he/she has been the holder certificate; when required. the fire department. of an unexpired Iowa City journeyman's A maintenance electrician's certificate The electrical inspector may inspect any license for one year or more; or shall be required of any person who is a and all electrical installations within (2) That he/she is the holder of an regular employee of a manufacturing or the city. He/she may approve, condemn and unexpired journeyman's license from industrial establishment, who does order removed or remodeled and put in another jurisdiction, which license was electrical work for that establishment proper and safe condition for the preven- obtained more than one year prior to the only, and who maintains and keeps in a tion of fire and the safety of life all application date upon successful couple- state of repair the existing electrical electrical heating and lighting apparatus, tion of a written journeyman electrician's equipment within a building, or group of motors, machinery, fixtures and connec- examination comparable to that of Iowa buildings. A maintenance electrician's tions, electrical equipment used in the City and which was administered by such certificate shall be issued to any person utilization of electrical current for jurisdiction; or who shall satisfactorily pass the examine- light, heat or power purposes and to (3) That he/she is the holder of a tiongiven bythe board. Any rs control the disposition and arrangements on valid master electrician's license holding a maintenance electrician's of the same. obtained upon successful completion of a The electrical inspector shall notmaser electrician's license examination certificate issued by the city prior to engage in the business of the sale, comparable to that of Iowa City and which passage of this code shall be reissued installation or maintenance of electricalwas administered by another jurisdiction, renewals of his/her certificate without equipment either directly or indirectly (c) Either a licensed master or taking the examination hereinafter and shell have no financial interest inprovided. an firm engaged in such business in the journeyman electricianeeshallc be workon the job The installation of any new or addi- Yat all times while electrical is in City of Iowa City at any time whilemess.r stomal electrical equipment of any kind by holding office, p the holder of a maintenance electrician's (d) The provisions of this section The electrical inspector shall beshall not apply to: certificate is hereby prohibited. appointed by the city manager or his/her Each maintenance electrician performing designee and shall be responsible to the (1) The personnel of the traffic work under this section shall keep en building official for the enforcement of engineering division of the city or accurate record for the electrical the electrical code and regulations of the Persons who work for a public utility inspector of all work performed in each City, company, telephone or telegraph company. building and shall, before the fifteenth Sec. 8-126. Electrical board; creation nor to persons performing electrical work day of January, April, July and October of Sed as an integral part of the plant used by each year, file a statement with the There authority.hereby created an electrical such company in rendering its duly electrical inspector of the work performed board, referred to herein as 'the electrical authorized service to the public. during the preceding three (3) months. rd shall:efe (2) A regular employee of any Such statement shall be made under oath. which(a) Periodically review the electrical railroad who does electrical work only as Sec. 8-141. Restricted electrician's code and make recommendations thereto to a pert of that employment. license.Arest the City Council. (3) The service or maintenance of A restricted electrician's license shall warm air heating equipment provided that specify the types of electrical work which (b) Prepare and conduct written surh work or maintenance shall only maybe performed by the licensee. The examinations and examine the qualified Lions of applicants for the licenses and include electrical work on electrics licensee may perform only the type of work certificates required by this code. equipment that is part of such warm air specified on the license. heating equipment. Such work shall Sec. 8-148. Permits required, (c) Suspend or revoke any of the licenses or certificates required by this include the connection of warm air heating No person shall perform any electrical code for due cause, as provided herein, equipment to an existing individual branch work without first securing a permit (d) Act as a board of appeals to hear Circuit. therefor, Sec. 8-142. Master electrician's liceese, Sec. 8-149, Issuance of permit. grievances arising from decisions of the electrical inspector and to provide for Whenever a master electrician's license Permits shall be issued only in the name reasonable interpretations consistent with is issued, it shall be in the name of the of the person holding an active master the provisions of this code. individual who qualified for it. No electrician's license and the name of the (e) Act as a board appeals to license shall be issued in the name of a firm he/she represents. No applications or diaapprove wiring systems notfirm or corporation. However, a master for electrical permits shall be accepted approve apprvically adapprove in this code, electrician's license issued to at least for filing if not signed by the licensed Sec. 8-127. Appeals. one responsible member or officer of a master electrician or by the maintenance Any person affected by any action, firm, corporation or other association electrician or restricted electrician who or notice issued the shall authorize such firm, corporation or will perform the work. interpretationtrpetl inspector withcrespectibytthis other association to conduct an electrical Sec. 8-150. Permits nontransferable; codeelmay, appeal to the board contracting business in the city (for the exceptions. cod considerationay, writing,in in accordance wiand period of time for which the license is Permits are not transferable. Electri- for es set forth in the Iowa Cityhgranted), provided such licensee is a cal work which requires a permit must be Administrative Code. (Code of Ordinances,Iopartner, officer, director, or manager of done by or under the direct supervision Of Chapter 2, Article IX) such firm, corporation, or association, the licensee. Secs. 8-128-8-137. Reserved. actively supervising the day-to-day In order to apply for an electrical DIVISION 3. LICENSES, CERTIFICATES, operations of said firm or corporation in permit, the master electrician must have SPECTIONS the city, and further provided that such on file with the electrical inspector a PERMITS AND IN Sec. 8-138. License apNiECTIONS. licensee shall maintain liability insur- certificate of insurance which indicates Any person desiring to take examination ance certificates with the city, as that the electrician, or his/her firm, for a license by this code shall provided in Section 8-143. corporation, or employer carries liability make applicationcenserequiredto the electrical in the event all licensed electricians insurance as provided in Section 8-143. inspector at least fifteen (15) days tical terminate employment with a firm or The city or electrical board shall verify to the test date. prior corporation, the firm or corporation shall that a master electrician is employed by a naton shall bprctical and not be permitted to do any further particular corporation and that there is The examiie a Of such a nato as tunprc Cesand electrical work, except that work under in effect liability insurance which meets cepebiliof the applicants. It may be` previously issued permits may, at the the city's requirements. written or oral, or a combination thereof. discretion of the electrical inspector, be completed. A master electrician who terminates his/her employment with a firm or corporation shall notify the electrical inspector immediately. ef7s- -R2 . 3 Sec. 8-151. Revocation of permit; expiration of permit; renewal fee. Any permit required by the provisions of this code may be revoked by the electrical inspector for violation of any provision of this code. Every permit issued under the provisions of this code shall expire if the work authorized by such permit is not commenced within one hundred twenty (120) days from the date of issuance of such permit or if the work authorized by such permit is suspended or abandoned for a period of one hundred twenty (120) days or more. Sec. 8-152. Double fee for failure to obtain permit before starting work. Except in emergency situations, as determined by the electrical inspector, when work is started by any person prior to obtaining a permit, the fees for such work shall be doubled. The payment of such doubled fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. Prior to the payment of the double fee and issuance of an appropriate permit for the work, no other permits shall be issued to any person, firm or corporation which is in violation of this section Sec. 8-153. Homeowners exempt from license requirements. In cases in which an owner-occupant of a single-family dwelling desires to install electrical equipment or perform any electrical work in such single-family structure, he/she may appear before the electrical inspector and show that he/she is competent to do the specific work. After such showing, he/she may obtain an electrical permit by paying the proper fee. Sec. 8-154. inspections. it shall be the duty of the person doinc electrical work to notify the electrical inspector that said work is ready for inspection. The electrical inspector shall, without undue delay, perform tht required inspection and, if the wort complies with the provisions of this code, post an inspection notice on or near the work approved. Work that has no notice attached shall be considered unapproved. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. No electrical work shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. The electrical inspector shall, at the permittees expense, have the authority to remove or cause the removal of lath, plaster, boarding or any other obstruction which may prevent the proper inspection of wires or electrical equipment. When a person is notified that defects exist, he/she shall make corrections within thirty (30) days after notifica- tion. If the corrections are not made, the permittee shall not be issued any other permits until said defects are corrected and approval given by the electrical inspector. SECTION V. REPEALER: A/1 ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. SEVERABILITY: if any section, provision or part of the 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 un- constitutional. SECTION VII. EFFECTIVE DATE: This Or- dinance shall be in effect after its final passage, approval and publication as required by law. Passed a . approved this 12th day of March, 1985f �. _ // %� eAllf YOR ATT ille"AZITY CLERK 84945 March 20, 1985 r ORDINANCE NO.85-3230 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT THE SOUTHERN IOWA CITY CITY LIMITS BETWEEN THE IZAAK WALTON LEAGUE PROPERTY TO THE EAST AND THE WEST LINE OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. TO THE WEST FROM I-1 TO I-2. 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 I-1 to I-2, and the boundaries of this I-2 zone be indicated upon the zoning map of the City of Iowa City, Iowa, to include the property described as follows : Commencing at the southwest corner of the southwest quarter of the southwest quarter of Section 27, Township 79 North, Range 6 West of the 5th P.M. ; thence north to the southwest corner of the north ten (10) acres of the southwest quarter of the southwest quarter of said Section 27; thence East 815 feet; thence southerly to a point on the south line of said Section 27; which point is 440 feet west of the southeast corner of the southwest quarter of the southwest quarter of said Section 27, thence west to the place of beginning. All of said property lying in Iowa City, 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 publica- tion 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. ?9 2 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 unconstitu- tional , 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 VI . EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 9th day of April, 1915. / MAYOR ATTEST: Ate 1 `ten CITY CLERK Received & Approved Ey Me ...,! Dobe 77) It was moved by Ambrisco , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO _ X BAKER X DICKSON X ERDAHL _]L_ MCDONALD _ ABSTAIN STRAIT X ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published April 17, 1985 Moved by Ambrisco, 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: Ambrisco, Dickson, Erdahl, McDonald, Zuber; Nays: Baker; Abstained: Strait SI CITY OF IOWA 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. 85-3230 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of April , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of April , 19 85 . Dated at Iowa City, Iowa, this 8th day of May ,1985 -41', '°.mona Parrott, Deputy City Clerk OFFICIAL PUBLICATION ' ORDINANCE NO.85-3230 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN ' PROPERTY LOCATED AT THE SOUTHERN IOWA CITY CITY LIMITS BETWEEN THE IZAAK WALTON LEAGUE PROPERTY TO THE EAST AND THE WEST w LINE OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. TO THE WEST FROM 1-1 TO 1-2. , BE IT ORDAINED BY THE CITY COUNCIL OF THE Printers fees)/ CITY OF IOWA'CITY, IOWA: SECTION 1. That the property described CERTIFICATE OF OF PUBLICATION be oTw is hereby reclassified frail its present classification of I-1 to 1-2, and STATE OF IOWA, Johnson County,ss: the boundaries of this 1-2 zone be THE IOWA CITY PRESS-CITIZEN indicated upon the zoning map of the City of Iowa City, Iowa, to include the property described as follows: • Canrencing at the southwest corner of the southwest quarter of the I - southwest quarter of Section 27, Township 79 North, Range 6 West of the Bronwyn. S. Van Fossen, being duly 5th P.M.; thence north to the southwest corner of the north ten (10) acres of i sworn, say that I am the cashier of the the southwest quarter of the southwest IOWA CITY PRESS-CITIZEN, a news- quarter of said Section 27; thence East paper published in said count and that 815 feet; thence southerly to a point a notice, aprinted copyy on the south line of said Section 27; of which is 'which point is 440 feet west of the • hereto attar}led, was published in said southeast corner of the southwest quarter of the southwest quarter of paper timels), on the fol- said Section 27, thence west to the lowing dateIsl: place of beginning. All of said property lying in Iowa City, Johnson County, Iowa. SECTION II. The Building Inspector is riii /� ��„ ,./ hereby zoning authorizedm and directed to change -/ Oy/y( the ionimap of the City of Ito Citye_ Iowa, to conform to this aof Iowat uponthe final passage, approval and publica- /) tion of this ordinance as provided by law. uLkO r (• SECTION III: The City Clerk is hereby Cashier 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 aw. Subscribed and sworn to before me SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby this toi day of 1 , A.D. repealed. o SECTION V. SEVERABILITY. If any 'section, 19 O� provision or part of the Ordinance shall . be adjudged to be invalid or unconstitu- ` � / tional, such adjudication shall not affect tie validity of the Ordinanceff as aect or any section, provision or part thereof r �'\ not adjudged Invalid or unconstitutional. Notary Public SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after Its `, ��� final passage, approval and publication as N O L/--11 requiredfby law. Passed and approved this 9th day of _ April, 198 . /', a °. SIi6:CY Sit,�'.b E KV7`la+.�.f�f/L/ f e ,� !03 MAYOR ''// . ATTEST: 7)&az y.) re rem.1 CITY CLERK 85531 April 17. 1985 ORDINANCE NO. 85-3231 ORDINANCE APPROVING THE AMENDED PLANNED DEVELOPMENT HOUSING (PDH) PLAN OF TY'N CAE SUBDIVISION, PART THREE, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I . The amended PDH plan of Ty'n Cae Subdivision, Part Three, submitted by Dynevor Inc. , is hereby approved, and the • amended portion is legally described as follows: A resubdivision of Lots 96A, 96B, 96C, 96D, 96E, 97 and 98 of Ty'n Cae Subdivision Part 3, as shown on the Final Plat, P.A.D. and L.S.R.D. Plan recorded in Plat Book 24, at page 18, of the Records of the Johnson County Recorder's Office, and a portion of the adjacent excess Right-of-Way of Mormon Trek Boulevard. Said excess Right-of-Way being more particularly described as follows: All that portion of the Right-of-Way of Mormon Trek Boulevard between Centerline Station 5123+25 and Center- line Station 5130+00, which is bounded on the Northeast by the present • Right-of-Way line of said Mormon Trek Boulevard and on the Southwest by a line, 40 feet normally and/or radially distant Northeasterly of and parallel and/or concentric with the centerline of said Mormon Trek Boulevard, and which portion is more particularly described as follows: Commencing at an Iron Right-of-Way Pin with Tablet, found at a point on the Northeasterly Right-of-Way line of Mormon Trek Boulevard, which is 60 feet normally distant Northeasterly of Centerline Station 5123+00; thence S 55°46'55" W, 20 feet, to a point which is 40 feet normally distant North- easterly of said Centerline Station 5123+00; thence N 34013'05" W, 25.00 feet, to a point on the Northwesterly line of platted Gryn Drive in accor- dance with the plat of Subdivision Recorded in Plat Book 24 at page 18, of the Records of the Johnson County Recorder' s Office and which point is 40 ,Ya Ordinance No. 85-3231 Page 2 feet normally distant Northeasterly of said Centerline of Mormon Trek Boule- vard, and is the Point of Beginning; thence N 34°13'05" W, 130.60 feet, to a point which is 40 feet normally distant Northeasterly of Centerline P.C. Station 5124+55.6; thence North- easterly, 481 .1 feet along a line 40 feet radially distant Northeasterly of • and concentric with said Centerline, on a 2824.8 foot radius curve, concave Northeasterly, whose 480.5 foot chord bears N 29020'20" W, to a point which is 40 feet radially distant North- easterly of Centerline P.T. Station 5129+43.6; thence N 24°27 '35" W, 56.4 feet to an Iron Right-of-Way Pin with Tablet, found on said Northeasterly Right-of-Way line of Mormon Trek Boulevard, which is 40 feet normally distant Northeasterly of Centerline Station 5130+00; thence S 38°26'50" E, along said Northeasterly Right-of-Way line, 387.40 feet, to an Iron Right-of-Way Pin with Tablet found, which is 115 feet radially distant Northeasterly of Centerline Station . 5126+10; thence S 23013 '50" E, along said Northeasterly Right-of-Way line, 283.93 feet, to a point on said Northwesterly Right-of-Way Line of Platted Gryn•Drive; thence S 55046'55" W, 24.85 feet, to the Point of Begin- ning. Said tract of land contains 0.70 acres more or less, and is subject to easements and restrictions of record. Said tracts of land containing 3.93 acres more or less, and are subject to easements and restrictions of record. SECTION II. Variances from the RS-8 zoning requirement approved as part of the amended PDH plan include those variances cited in the original PDH plan outlined in Ordinance #83-3130 and as follows: 1. Lots 96A-E, Lot 97 and Lot 98 will be developed as 22 lots for zero lot line dwellings. • • 2. The frontage on Lots 106, 107, 108, 109, 110, and 111 of the resubdivision of Lots 96A-E, Lot 97 and Lot 98 is reduced from the required 45 feet to between 30 feet and 36 feet. A3 Ordinance No. 85-34.31 Page 3 • 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 unconstitu- tional , 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 . Passed and .pproved this gth day of April, 1985. / / MAYOR ATTEST: ikezu,4„J 7e, ?(Ja) . CITY CLERK Received & Approved B. u ° ^"• 0,-/%µ•,00h • It was moved by Ambrisco , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER X DICKSON ERDAHL MCDONALD X STRAIT X ZUBER First consideration 12/18/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber Nays: None Second consideration 1/15/85 Vote ccuoa e M- pn �dsagb Atrait, Zuber,Ambrisco, Baker, Dickson, Erdahl Nays: None Date published April 17, 1985 �5 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CIW. IOWA 52240 (319) 356-5CCO 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. 85-3231 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of April , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of April , 19 85 . Dated at Iowa City, Iowa, this 8th day of May ,19 85 . ciLst) l�Cl�LL Y- Ramoha Parrott, Deputy City Clerk • - OFFICIAL PUBLICATION • ORDINANCE NO. 85-3231 • . ORDINANCE APPROVING THE. AMENDED PLANNED DEVELOPMENT HOUSING (PON) PLAN Of TY'N CAE SUBDIVISION, PART THREE, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITy;:LOUNCIL OF IOWA 1 CITY, IOWA: SECTION.I. The amended.PON plan of Ty'n Cae Subdivision, Part. Three, submitted by aDynevor Inc., is hereby approved, and the amended portion is legally described as - Printers fee SD follows: • A resubdivision of Lots 96A, 96B, 96C, 96D, 96E, 97 and 98 of Ten Cae cERTIFIcATE OF PUBLICATION Subdivision notheSdsiat, P.A.D. and shown onP STATE OF IOWA, Johnson County,ss: recorded. in Plat Book 24, at page 18, . y' of the Records of the Johnson County THE IOWA CITY PRESS-CITIZEN Recorder's Office, and a portion of the w adjacent excess Right-of-Way of Mormon ' Trek 'Boulevard" Said excess Right-of-Way being more particularly _ described as follows: I. All that portion of the Right-of-Way of Mormon Trek Boulevard between Bronwyn S. Van Fossen, being duly Centerline Station 5123+25 and Center- sworn, say that I am the cashier of the line Station 5130+00, which is bounded - IOWA CITY PRESS-CITIZEN, a news- Righthe-Wayrlinextof bsaid tMorm naTrek t paper published in said county, and that Boulevard and on the Southwest by a a notice, a -printed of which is line, 40.feet normally and/or radially . copy distant Northeasterl of and parallel hereto attac)ied, was published in said • and/or concentric with the centerline ,/ of said Mormon Trek Boulevard, and paper Lim e(s). on the fol- which portion is more particularly lowing datels): described as follows: Commencing at an Iron Right-of-Way Pin with Tablet, found at a point on the. Northeasterly Right-of-Way line of Opp /7, /9473-- Mormon Trek Boulevard, which is 60 feet normally distant Northeasterly of __ Centerline Station 5123+00; thence S _ 55046'55' W, 20 feet, to a point which - - ifiLlard AFI/p � �.LM7 � O' J is er feet normally distant North- e easterly of said Centerline Station • Cashier feet, 5123+00; thence N 34013'05' W, 25.00 to a point on the Northwesterly line of platted Gryn Drive. 1n actor- . dance with the plat of Subdivision Subscribed and sworn to before me Recorded in Plat Book 24 at page 18, of. the Records of the Johnson County . Recorder's Office and which point is 40 this /.4- dayofeet normally distant Northeasterly of 131 �s A.D.ADsaid Centerline of Mormon Trek Boule- r vard, and is the Point of Beginning; O . thence N 34°13'05' Y, 130.60 feet to a ` 19 U ,S---- point which is 40 feet normally distant 'J '/DNortheasterly of Centerline P.C. C --�f-p Station 5124+55.6; thence North- easterly, 481.1 feet along a line 40 feet radially distant Northeasterly of Notary Public and concentric with said Centerline, on 1' I42 p p a 2824.8 foot radius curve, concave Northfoot chord NO. 0 bearse Nsterl29020'20'°se W, too a5 y.Lpoint which is 40 feet radially distant North- , easterly SEW-.::3N of Centerline P.T. Station �{ SH .;3N S•t ss 5129+43.6; thence N 24°27'35' Y, 56.4 feet to an Iron Right-of-Way Pin with 1-1 LTablet, found on sa itl Northeasterly ��' Right-of-Way line of Mormon Trek Boulevard, which is 40 feet normally • distant Northeasterly of Centerline A Station 5130+00; thence S 38°26'56" E, along said Northeasterly Right-of-Way line, 387.40 feet, to an Iron Right-of-Way Pin with Tablet found which is 115 feet radially distant Northeasterly of Centerline Station .5126+10; thence 5 23°13'50" E, along . ' said Northeasterly Right-of-Way line, 283.93 feet, to a point on said _ • Northwesterly Right-of-Way Line of Platted Gryn Drive; thence S 55046'55" W, 24.85 feet, to the Point of Begin- ning'. Said tract of land contains 0.70 • acres more or less, and is subject to easements and restrictions of record. Said tracts of land containing 3.93 acres more or less, and are subject to easements and restrictions of record. SECTION II. Variances from the R5-8 - znn'Tquirement approved as partof the amended P0)1 plan include those variances " cited in the original PON plan outlined in • Ordinance #83-3130 and as follows: 1 1. Lots 96A-E, Lot 97 and Lot 98 will be developed as 22 lots for zero lot line I dwellings. - - 2. The frontage on Lots 106, 107, 108, 109, 110, and 111 of the resubdivision of Lots 96A-E, Lot 97 and Lot 98 is reduced from the required 45 feet to between 30 feet and 36 feet. SECTION III. This ordinance shall be in full force and effect when published by I 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 unconstitu- tional, 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. Passed and a.proved this Pth day of April, 1985. [� 1.7 , / MA r' ATTEST: .. OFFICIAL PUBLICATION • ORDINANCE NO. 85-3231 ORDINANCE APPROVING THE AMENDED PLANNED • DEVELOPMENT HOUSING (PON) PLAN Of TY'N CAE SUBDIVISION, PART THREE, IOWA CITY, IOWA. ' BE IT ORDAINED BY THE'CITY;,CCSINCIL OF IOWA CITY, IOWA: ar SECTION I. The amended.PON plan of Ty'n a Cae Subdivision, Part Three, submitted by Inc., is hereby approved, and the amended amended portion is legally described as Printers fee SaO follows: - A resubdivision of Lots 96A, 968, 96C, 960, 96E, 97 and 98 of Ty'n Cae CERTIFICATE OF PUBLICATION Subdivision 3" noR on the Plat, Part L.S.R.D. Plan STATE OF IOWA, Johnson Count ss: recorded in Plat Book 24, at page 18, - y of the Records of the Johnson County THE IOWA CITY PRESS-CITIZEN Recorder's Office, and a portion of the W adjacent excess Right-of-Way of Mormon - Trek Boulevard. Said excess Right-of-Way being more particularly described as follows: I, _ All that portion of the Right-of-Way of Monson Trek Boulevard between Bronwyn S. Van Fossen, being duly Centerline Station 5123+25 and Center- sworn, say that I am the cashier of the line Station 5130+00, which is bounded . IOWA CITY PRESS-CITIZEN, a news- Right-of-Wayriinestof bsaid tMormonn eTrek t paper published in said county, and that Boulevard and on the Southwest by a a notice, a printed copy of which is line, 40 feet normally and/or radially distant Northeasterly of and parallel hereto attacted, was published in said and/or concentric with the centerline �/ of said Marmon Trek Boulevard, and paper tlm el5l. on the fol- which portion is more particularly lowing datelsl: described as follows: - Cannenting at an Iron Right-of-Way Pin with Tablet, found at a point on - the Northeasterly Right-of-Way line of 0f,,4Ll- /7, /9p / Mormon Trek Boulevard, which is 60 feet J normally distant Northeasterly of Centerline Station 5123+00; thence S - - _�� 55044'55` 20 feet, to a point which - - J�/ 4� ., / is 40 feet normally distant North- easterly said Centerline13'051Station Cashier feet, thence N 34013'051 NSr V. 25.00 fine, to l point on the Northwesterly accor- dlanc of platted pia Drivef vision _ dente with the plat of Subdivision Recorded in Plat Book.24 at page 18, Cr. Subscribed and sworn to before me the Records of the Johnson County Recorder's Office and which point is 40 this bR ////���� � feet normally distant Northeasterly of day of A.O. said Centerline of Mormon Trek Boule- - vard, and is the Point of Beginning; I9 S 5` . thence N 34°13'05' W, 130.60 feet to a ' point which is 40 feet normally distant • Northeasterly of Centerline P.C. 1A' 17Y1 Station 5124+55.6; thence North- easterly, 481.1 feet along a line 40 VVVV 55��������----���"'' feet radially distant Northeasterly of Notary Public and concentric with said Centerline, on I1S/p I o a 2824.8 foot radius curve, concave NorthNo. 0 bearse N easterly, foot se W,too US/10 .5 a point which is 40 feet radially distant North- easterly of Centerline P.T. Station .•' "i. ,A;: S13IW S'LL95 5129+43.6; thence N 24°27'.35' W, 56.4 , feet to an Iron Right-of-Way Pin with '^ ?III Tablet, found on said Northeasterly "SZ: Right-of-Way line of Memnon Trek Boulevard, which is 40 feet normally distant Northeasterly of Centerline Station 5130+00; thence S 38°26'50' E, along said Northeasterly Right-of-Way line, 387.40 feet, to an Iron Right-of-Way Pin with Tablet found which is 115 feet radially distant Northeasterly of Centerline Station 5126+10; thence S 23°13'50" E, along ' said Northeasterly Right-of-Way line, 283.93 feet, to a point on said _ . Northwesterly Right-of-Way Line of Platted Gryn Drive; thence S 55°46'55' W, 24.85 feet, to the Point of Begin- ning'- Said tractof land contains 0.70 • acres more or less, and is subject to easements and restrictions of record. - Said tracts of land containing 3,93 - acres more or less, and are. subject to t easements and restrictions of record. SECTION II.-. Variances from the R$-8 - • zoning requirement approved as part of the amended POP plan include those variances . cited in the original PON plan outlined in • Ordinance #83-3130 and as follows: 1 1. Lots 96A-E, Lot 97 and Lot 98 will be developed as 22 lots for zero lot line , ' 4 dwellings. - - 2. The frontage on Lots 106, 107, 108, 109, 110, and 111 of the resubdivision of Lots 96A-E, Lot 97 and Lot 98 is reduced from the required 45 feet to between 30 feet_and 36 feet. SECTION III. This ordinance shall be in full farce 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 Y. SEVERABILITY: If any section, provision or part of the Ordinance shall, be adjudged to be invalid or unconstitu- tional, 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. Passed and a.proved this 9th day 01 April, 1985. " vv^^--�� / MAY'R ATTEST: 4 • - • i,• CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COD 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. 85-3232 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of_ April , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of April , 19 85 . Dated at Iowa City, Iowa, this 8th day of May ,19 85 . dA. / . •amo a Parrott, Deputy City Clerk ORDINANCE NO. 85-3232 AN ORDINANCE AMENDING SECTION 18-44 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO SUBSECTION (h) , PROVIDING FOR JUDICIAL REVIEW OF ACTIONS OF THE HUMAN RIGHTS COMMISSION. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to amend Section 18-44 by adding thereto subsection (h) which provides for judicial review of actions taken by the Iowa City Human Rights Commission pursuant to Chapter 18 of the Code of Ordinances of the City of Iowa City, Iowa. SECTION II. AMENDMENT. Section 18-44 is hereby repealed and substituted in its place is the new Section 18-44, which includes new subsection (h) : Sec. 18-44. Judicial review; enforce- ment. (a) The commission may obtain an order of court for the enforcement of commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of the county. (b) Such an enforcement proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the person charged. Thereupon the commission shall file with the court a transcript of the record of the hearing before it. The court has the power to grant such temporary relief or restraining order as it deems just and properly, and to make and enter upon the pleadings, testimony, and proceeding set forth in such transcript an order enforcing, modifying, and enforcing as so modi- fied, or setting aside the order of the commission, in whole or in part. (c) An objection that has not been urged before the commission shall not be considered by the court in an enforcement proceedings, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. 8/ Ordinance No. 85-3232 Page 2 (d) Any party to the enforcement proceeding may move the court to remit the case to the commission in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties shall show reasonable grounds for the failure to adduce such evidence before the commission. (e) The commission's copy of the testimony shall be available to all parties for examination at all reason- able times, without cost, and for the purpose of judicial review of the commission's orders. (f) The commission may appear in court by the city attorney or his/her designee. (g) If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the commission, the commission may obtain an order of the court for the enforcement of such order upon showing that the person charged is subject to the jurisdiction of the commission and resides or transacts business within the county. (h) Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa Administrative Procedure Act. Notwith- standing the terms of said Act, petition for judicial review may be filed in the District Court in which an enforcement proceeding under subsec- tions (a) and (b) may be brought. For purposes of the time limit for filing a petition for judicial review under the Iowa Administrative Procedure Act, the issuance of a final decision of the commission under this Chapter occurs on the date notice of the decision is mailed by certified mail , to the parties. Notwithstanding the time limit provided in Section 17A.19, subsection 3 of said Act, a petition for judicial review of no probable cause decisions and other final agency actions which are not of general applicability must be filed within thirty days of the issuance of the final agency action. 87 Ordinance No. 85-3232 Page 3 • 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 MAYOR ATTEST: ik9A2, „.„) / `ien, CITY CLERK • Received 8 Approved Dy The Legal Deradsrmn! 3 r f ZS/SS 1 It was moved by Erdahl , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration XXXXX Vote for passage: Second consideration XXXXX Vote for passage • Date published April 17, 1985 Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker; Nays: None; Absent: None • .Y9 , OFFICIAL PUBLICATION • • ORDINANCE NO. 85-3232 AN ORDINANCE AMENDING SECTION 18-44 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA , CITY, IOWA, BY ADDING THERETO SUBSECTION j (h), PROVIDING FOR JUDICIAL REVIEW OF ACTIONS OF THE HUNAN RIGHTSCOMMISSION. 8E IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: we SECTION I. PURPOSE. The purpose of this Ordinance Is to amend Section 18-44 by 2:.---5-- :.- adding thereto subsection (h) which provides for judicial review of 0.ctions Printers fee 9C/L___ taken by the Iowa City Human Rights . - Conmisslon pursuant to Chapter 18 of the Code of Ordinances of the City of Iowa CERTIFICATE OF PUBLICATION City, ON Iowa.AMENBXENT. Section 18-44 is STATE OF IOWA, Johnson County,ss: hereby repealed and substituted in its • place is the new Section 18-44, which - THE IOWA CITY PRESS-CITIZEN • includes new subsection (h): w. Sec. 18-44. Judicial review; enforce-. meet, ` (a) The commission may obtain an order of court for the enforcement of I, _ commissionorders in a proceeding as Bronwyn S. Van Fossen, beinprovided in this section. Such an g duly enforcement proceeding shall be brought sworn, say that I am the cashier of the in the district an courtenfoof theent county. proceetling IOWA CITY PRESS-CITIZEN, a news- shall be initiated by the filing of a - paper published in said county, and that petition in- such court and the service a notice, a printed copy of which is of a copy thereof upon the person charged. Thereupon the commission hereto attached, was published in said shah file with the court a transcript of the record of the hearing before it. paper timels), on the fol- The court has the power to grant such lowing datelsl: temporary relief or restraining order , as it deems just and properly, and to /7/ /711.6c- . make and enter upon the pleadings,. L ,S'r / _ /���� suchimtra, and proceeding set forth in ' %Cl -;r such transcriptan order enforcing, modifying, and enforcing as so modi �J`�� }n /)�J'�� _ fled or setting aside the order of the - t�t�-a Star yfJ• Lear - �� commission, in whole or it part. . G/ (c) An objection c that has not been urged before the commission shall not Cashier be considered by the court in an enforcement proceedings, unless the failure or neglect to urge such Subscribed and sworn to before me _ objection shall be excused because of extraordinary circumstances. - (d) . Any party to the enforcement - thisproceeding may move the court to remit the case to the commission in the / day of � A.D. interest ofjustice for the purpose of gh. adducing additional specified and 19 /_ material evidence and seeking findings thereof, providing such parties shall thl610-?^+- --euLa-3 show reasonable grounds for the failure to adduce such evidence before the commission. (e) The commission's copy of the Notary Public ' testimony shall be available to all parties for exailination at all reason- �p • able times, without cost, and for the N O. jy Q purpose of judicial review of the ceemtsslon's orders. __ (fJ The commtssian may appear in SHARON SSU .-5 court by the city attorney ar ,hislher' ria _ designee. (g) If no proceeding to obtain' judical review is instituted within thirty (30)• days from the service of an i the court for order of thcommission, the commission may obtain an order - such enforcement of such order upon showing that the person charged 9s-" subject to the jurisdiction of the commission and resides or transacts, , business within the county. • (h) Judicial review of the actions- of the commission,may .be sought. 'in I accordance with the terms of the Iowa . Administrative Procedure Act. Notwith- - standing the terms of said Act, petition for judicial review may be. ' filed in the District Court in which an enforcement proceeding under subsec- (. tions (a) and (b) may be brought. For purposes of the time limit for filing a petition for judicial review under the - T, Iowa Administrative Procedure Act, the issuance of a final decision of, on - the the tdate noticeunder this of thChapter decision is - t mailed by certified mail, to the • parties. Notwithstanding the time limit provided in Section 17A.19, subsection 3 of said Act, a petition • for judicial review of no probable 1 cause decisions and other final agency actions which are not of general applicability must be filed within thirty days of the issuance of the final agency action. SECTION III. REPEALER: All ordinances end parts. of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any sec on, Drov s on or Dar of the Ord- ' nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of Meed Ordinance r Cn nce as a whole or any section, p ' part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordi- passe e a approval a 7KL• a.ter its and publication Inal as passage, pl regPassed andaapproved this 9th day of April, 1985. A / . egf / MAYOR ORDINANCE NO. 8S-3233 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA BY ADDING NEW ARTICLE V THERETO, ENTITLED "SELF-FUELING REGULA- TIONS." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. The purpose of this ordinance is to amend Chapter 4 ("Air- port") to provide self-fueling regulations for persons, firms or corporations operating aircraft on the airport which engage in the fueling of their own aircraft. SECTION II. AMENDMENT. Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding thereto the following new Article V: ARTICLE V. SELF-FUELING REGULATIONS Sec. 4-80. Fueling and Inflammables Persons, firms, or corporations operating aircraft on the airport in- tending to fuel their own aircraft must do so in accordance with the requirements of this Article; however, the requirements of this Article for self-fueling shall not apply to commercial fueling operations. No person shall use flammable volatile liquids having a flash point of less than one hundred (100) degrees Fahrenheit in the cleaning of aircraft, aircraft engines, propellers, appliances or for any other purpose unless such operations are conducted in open air, or in a roam spe- cifically set aside and approved for that purpose; which roan must be properly fireproofed and equipped with adequate and readily accessible fire extinguishing apparatus. The procedures and precautions outlined in the criteria of the National Fire Protection Association, (NFPA Pamphlet No. 4100, Safeguarding Aircraft Cleaning, Painting and Paint Removal , and NFPA Pamphlet No. 410F, Aircraft Cabin Clean- ing and Refurbishing Operations) , shall be adhered to in all cleaning, painting and refurbishing operations using flammable liquids, including the storage of such fluids. 9/9 /6 ayy uLy}LM 40 uo pa}oayap 'MARL -n6aaaL .ao suopoun;Lew Luy •aaygoum Kg peDeLdaa ;Lun a.anua ao peLpewaa uopoun;Lew ay; puE Lie4ELpeuw1. 85E20 LLeys 6uLLan;aa LLP 'pep0a4ap PI Pew -dobe 6uLLan4aa ;o uoL}oun;LEw uayM 'p •4uawdLnba 64suadsLp ;0 6uLLLL; ay; pue 6uLdwnp a6Eao;s a oq LLddP LLLM pap LLLaesseDau aanpaooad buLobaao; ayl 4;EaoaLe o4 aLzzou 6uLLan;aa •p 1.;EJ34E 4 gLun buLLan;aa •£ •punoa6 oq ;Lun 6uLLan;aa •z 'punoa6 ao uoadE o; q;EJaaLy 'T :paaaa;aad sL eauenbas buLpunoa6 6u0aLLo4 eq; 'aanaMoy 'aLgLsea; uayM '4;ea]aLE oq pepunoa6 eq LLeys gLun 6uLLan;aa aq; 'wnw p p P Pt, 'spLnbLL aLL;ELon ;0 uoL;Lu6L OLye}s ;o R4LLLglssod ayq ;uanaad oq aapao esaanaa ay; uL 'e;eidwoo uayM 'Lep -uagod LEOLa}oaLa oaaz 40 squLod ao qu .od E o4 pepunoab eq LLEys ;uawdLnbe 64suadsLp Lan; ayy pue ;L 'y;Eaoale RUE ;0 6uL3Lnaas Lan; a4; 04 J0L4d '0 '83LAaes Lan; 6uLo6aapun q;EJJ.LE Rue ;0 ;ea; (oat) peapuny auo uLy}LM mei; uado Lue }Lwaad ao mows LLeys uosaed oN •q *ands pesoLoue ue JO pe;sa6uo0 ao aebuey pesoLO p uL sL ;4uaoaLe yons aLLyM ao ;pay ;o uoL} -EOLLdde Ay pewaeM 6uLaq sL 30a04E ao '6uLuuna aaE seuLbue ;;EaoaLe aLLyM pa3Lnaas LLo ao paLan;ap 'paLeoloa eq flogs 14.Ea34E ON 'e :saesuadsLp JO s1ue; a6Eao;s uL sLan; ;0 6uLDPLd ay; '4;eaoaLe ;0 6uLdwns pup e3Lnaas LLo '6uLLan;ap '6uLLan;aa ay; uaano6 LLeys saLna LEaaua6 6uLMoLLo4 eqs ;EaaaLN 64Len;ao pue 6uLLand •ZS-q 'oaS •eLonav sLq; u6 papLnoad se 6uLLan;-;Las a04 s;uawaaLnbaa ayq yg1M aouPLLdwoo uL uo paLaan3 sL uoL;eaado yons papLnoad 'wa4; Kg peseaL ao papa.' 'peuMo 4;EaoaLe Lan; Lew saasn a4PAIJd 'uoLssLuwoo ;aodaly ay; y;LM aseaL ue44LaM E 6uLney pue aagdeyo sL4; 40 LE-17 '08S Lq pepLnoad spaepue;s 6ui;eaado wnwLuLw ay; 6uL;aew saopuan Lq LLuo Lyaadoad yaodaLv uo pLos eq LEw son; uoL4PLny suoi;Eaado 6uLLand '18-17 '085 z a6Ed ££Z£-S8 'ON BD" 0 01 ance No. 85-3233 Page 3 aircraft being serviced will be brought to the attention of the aircraft owner or operator immedi- ately. e. Crews engaged in the fueling and defueling of aircraft, the filling of dispensing equipment or dumping into storage with aviation fuels shall exercise extreme caution to prevent spills. When spills occur, servicing will cease and spills will be washed down, removed or absorbed with suitable material. f. Fueling pumps, meters, hoses, nozzles, fire extinguishers, and grounding devices will be kept in first class condition at all times. g. During fuel handling operation in connection with any aircraft, a CO2 or approved dry chemical fire extinguishers (15 lbs. or larger) shall be immediately available for use in connection therewith. h. No person shall perform or allow performance of any refueling operation during an electrical storm. i. No person shall operate any radio transmitter or receiver or switch electrical appliances off or on in an aircraft during fueling or defueling. j. No person shall use any material or equipment during fueling or defueling of aircraft which is likely to cause a spark or ignition. k. No person shall start the engine of any aircraft when there is any aircraft fuel on the ground under such aircraft. 1 . All hoses, funnels and appurtenances usedin fueling and defueling opera- tions shall be equipped with a grounding device to prevent ignition of volatile liquids if so equipped from the manufacturer. m. No aircraft shall be fueled or defueled while passengers are on board the aircraft unless a passenger loading ramp is in place at the cabin door of the aircraft, the aircraft door is in open position and a cabin attendant is present at or near the cabin door. 9,2 Or ince No. 85-3233 Page 4 n. No airborne radar equipment shall be operated or ground tested on any area wherein the directional beam of high intensity radar is within three hundred (300) feet or, low intensity radar (less than 50 KW output) is within one hundred (100) feet or another aircraft, an aircraft refuel- ing operation, an aircraft refueling truck or aircraft fuel or flammable liquid storage facility. o. During refueling or defueling, fuel handling vehicles shall be so placed so as to be readily removable in event of fire, and so as to permit direct driving away frau the loading or fueling position. No more than one (1) refueler shall be positioned to refuel each wing of an aircraft and not more than two (2) refuelers shall be positioned to serve the same aircraft. When high capacity aircraft are refueled, additional refuelers shall not be parked or positioned within one hundred (100) feet from the aircraft serviced and then only in areas approved by the Director of Aviation. p. Each fuel handling vehicle shall be conspicuously marked in letters of contrasting color, with the word "Flammable" on both sides and rear of the cargo tank in letters at least six (6) inches high, and with the wording "Emergency Shut Off" and other appropriate operating instructions required at the emergency operating devices in letters at least two (2) inches high. Each fuel handling vehicle will also be conspicuously marked on both sides and rear with the type and grade of fuel it contains. q. Each fuel handling vehicle shall meet all requirements of the Uniform Fire Code adopted by Iowa City Code regarding fueling on airports. r. A lease with the Airport Commission for the space required to store the refueling vehicle must be obtained before storing of said vehicle on airport property. 93 Oi ..,,,ance No. 85-3233 Page 5 Sec. 4-83. Storage No aviation fuels may be stored on airport property except in the storage compartments of fuel handling vehicles and/or in underground storage tanks as provided in Section 4-88 of this Article. Sec. 4-84. Liquid Disposal No fuels, oils, dopes, paint, solvents or acids shall be disposed of or dumped in drains, on the ramp areas, catch basins or ditches or elsewhere on the Airport. Sec. 4-85. Cleaning Floors Floors shall be kept clean and free from oil. The use of volatile flammable solvents for cleaning floors is prohib- ited. Sec. 4-86. Drip Pans If required by aircraft designs, drip pans shall be placed under motors and kept clean at all times. Sec. 4-87. Compressed Gases No cylinders or flasks of compressed flammable gases shall be stored in • hangars. Sec. 4-88. Underground Storage Tanks Persons, firms, or corporations operating aircraft on the airport and electing to, with the permission of the Airport Commission, to install buried storage tanks to fuel their awn aircraft must meet the following minimum standards: (a) Land. Said person, firm, or corporation (hereinafter in this section referred to as "lessee") must secure a lease from the airport commission which leasehold shall contain a sufficient area to provide space for all buildings, aircraft parking, paved ramp area, fuel farm, and motor vehicle parking. All land shall be leased from the Airport Commission. Access to airport property from pri- vately-owned land (commonly referred to as "through-the-fence" operations) is strictly prohibited. (b) Personnel. One properly trained person shall be on duty during all hours of operation as provided for by the Uniform Fire Code (Articles 24 and 79) . L/ Or nce No. 85-3233 Pavu v (c) Services. The lessee may hangar, adjust, repair, refuel, clean and otherwise service his own aircraft, provided he does so with his own employees in accordance with the established standards of the Airport Commission relating to such work. This would not prevent lessee from hiring outside mechanical labor inasmuch as adequate service could not be obtained by existing lessees of the Airport Commission. (d) Fuel Facilities. One metered filter-equipped dispenser for dispensing aviation gas and/or jet aviation fuels from buried storage tanks having a sufficient capacity to meet the lessee's demand as addressed in FAA Advisory Circu- lar, FAA AC No. 150/5230-4 (and revisions) and the Uniform Fire Code (Article 24 and 79) . (e) Aircraft Fueled. Only aircraft owned, rented or leased by the lessee may be fueled from the lessee's fueling facilities. (f) Fuel Quality Control Program. All storage facilities shall be maintained and operated by the lessee in accordance with all EPA, Federal , State, local and Uniform/National • Fire Code provisions covering fuel storage and dispensing on airports. The applicable sections of FAA Advisory Circular No. 150/5230-4 (and revisions) and the Uniform Fire Code (Article 24 and 79) shall be fol- lowed. (g) Hours of Operation. The normal operating hours will be at the discretion of the lessee. (h) Insurance Coverage. Lessee shall provide the following minimum insurance coverage (and shall provide proof of such to Lessor) : Comprehensive public liability and property damage: Bodily injury: One hundred thousand dollars ($100 ,000.00) each person; one million ($1 ,000 ,000.00) each accident. 95 Oi _ .. ance No. 85-3233 Page 7 • Property damage: One million dollars ($1 ,000 ,000 .00) each acci- dent. (i) The land lease shall include a clause that holds the City of Iowa City and the Iowa City Airport Commission harmless of any liability resulting from the operation of the self fueling facility. 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 app, oved this 7th day of May, 1985. At / MAYOR ATTEST: a &zJ -44,1 CITY CLERK Received & Approved Ey a Legal Department 4z j 9� It was moved by Zuber , and seconded by Dickson , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _ X AMBRISCO X BAKER X DICKSON _ X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 4/9/85 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Absent: None. Second consideration 4/23/85 Vote for passage : Ayes: Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: Dickson Date published 5/15/85 97 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500 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. 85-3233 which was passed by the City Council of Iowa City, Iowa,' at a regular meeting held on the 7th day of May , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of May , 19 85 Dated at Iowa City, Iowa, thisllth day of June ,l9 85 Eta Ramona Parrott, Deputy City Clerk g411- [-: 3233 //f a- OFFICIAL PUBLICATION OFFICIAL PUBLICATION • storage with aviation fuels shall ORDINANCE NO. 85-3233 exercise extreme caution to prevent spills. When spills occur, servicing AN ORDINANCE AMENDING CHAPTER 4 OF THE will cease and spills will be washed down, removed or absorbed with CODE OF ORDINANCES OF THE CITY OF IOWA suitable material. . CITY, IDWA BY ADDING NEW ARTICLE V THERETO, ENTITLED 'SELF-FUELING REGULA- f. Fueling pumps, meters, hoses, nozzles. TIONS.' fire extinguishers, and grounding devices will be kept in first class BE IT ORDAINED BY THE CITY COUNCIL OF THE condition at all times. . CITY'OF IOWA.CITY, IOWA, THAT: g. During fuel handling operationin • connection with any aircraft, a CO2 or SECTION I. PURPOSE. The purpose of this eptroved dry chemical fire extinguishers (15 lbs. or larger) 9 ordinance is to amend Chapter 4 ('Air- port') to provide self-fueling regulations ulations shall be immediately available for use in connection therewith. ��/�f�- for persons, firms or corporations h. No person shall perform or allow Printers fee SSt(l operating aircraftthethe oatr airport which performance of any refueling operation engage fueling during an electrical storm. aircraft. i. No person. shall operate any radio SECTION II. AMENDMENT. Chapter 4 of the transmitter or receiver or switch CERTIFICATE OF PUBLICATION Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding electrical appliances off or on 1n an STATE OF IOWA, Johnson Coun[y,ss: thereto the following new Article V: aircraft during fueling or defueling. • ARTICLE V. SELF-FUELING REGULATIONS 3• No person shell use any material or THE IOWA CITY PRESS-CITIZEN equipment during fueling or defueling of which Sec. 4-80. Fueling and Inflammables sparkrcft raignition,is likely to cause a mm Persons, firms, or corporations k. No person shall start the engine of operating aircraft on the airport in- ' any aircraft when there is any r tending to fuel their own aircraft must do aircraft fuel on the ground under such I' so in accordance with the requirements of aircraft. Bronwyn S. Van Fossen• being duly this Article; however, the requirements of • 1. All hoses, funnels and appurtenances this Article for self-fueling shall not used in fueling and defueling opera- sworn, say that I am the cashier of the apply to commercial fueling operations. tions shall be equipped with a IOWA CITY PRESS-CITIZEN, a news- No person shall use flammable volatile grounding to deviceprevent ignition liquids having a flash point of less than of volatile if so uiae paper published in said county, and that one hundred (100) degrees Fahrenheit in pp iron the manufacturer. a notice, a printed copy of which is the cleaning of aircraft, aircraft m, No aircraft shall be fueled or engines, propellers, appliances or for any defueled while passengers are on board hereto attacked, was published in said other purpose unless such operations are ° g / time(s), on the fol- conducted in openair, or in a roan s the aircraft unless a passenger paper ha loading ramp is in place at the cabin lowingdatels): et; +tally set aside and approved for that door of the aircraft, the aircraft purpose; which roan must be properly door is in open position and cabin fireproofed and equipped with adequate and attendant is present at or near the readily accessible fire extinguishing cabin door. apparatus. n. No airborne radar equipment shall be The procedures and precautions outlined operated or ground tested on any area 9, AV �r /y'ds 1n the criteria of the National Fire // � n Protection Association, (NEPA Pamphlet No,len wherein the directional beam of high Y /�// '4100, Safeguarding Aircraft Cleaning intensity radar is within three //jj4�� s Painting and Paint Removal, and NFP- hundred (300) feet or, low intensity "'"F pamphlet No. 410F, Aircraft Cabin Clean- radar (less than 50 KY output) is Cashier ing and Refurbishing cleaning, g,ans}, shall be within one hundred (100) feet or adhered i toiin allioasinu, pal fla and another aircraft, an aircraft refuel- refurbishing operations using flammable ing operation, an fuel aircraft refueling liquids, including the storage of such truck or aircraft fuel or flammable +fluids. liquid storage facility. Subscribed and sworn to before me Sec. 4-81. Fueling Operations o. During refueling or defueling, fuel 30Aviation fuels may be sold onet Airport handling vehicles shall be so plated .../07:1 / . nrnperty only by vendors meeting the so as to be readily operremovable in etrentt this• ay of �1 LC'L/ A.D. r�lnimum operating standards provided by of fire, and so as to permit direct 1 - Sec. 4-37 of this Chapter and having a driving away frau the loading or _ -written lease with the Airport Commission. fueling position. No more than one 19 '5 . s Private users may fuel aircraft awned, (1) refueler shall be positioned to Tr" rented or leased by them, provided such refuel each wing of an aircraft end i ' /{��/t -� operation is carried on in compliance with not more than two (2) verefuelers sall me SPA.-.0-4- �IA.-.0- CY ICJ- the requirements for self-fueling as be positionede to serve the sena provided in this Article. aircraft. When highcapacity aircraft NotaryPublic \ Sec. 4-82. Fueling and Defuel ing are refueled, additional refuelers Aircraft shall not be parked or positioned lJ /� The following general rules shall within one hundred (100) feet from the N o f S1 r� govern the refueling,mp aircraft, defueling, oil aircraft serviced and then only in service and summing of aircraft, the areas approved by the Director of placing of fuels in storage tanks or Aviation. dispensers: P. Each fuel handling vehicle shall be SHARONS-1;Po. a. No aircraft shall be refueled, conspicuously marked in letters of ?4,.. defueled or oil serviced while contrasting color, with the word aircraft engines are running, or 'Flammable" on both sides and rear of aircraft is being warmed by applica- the cargo tank in letters at least six tion of heat or while such aircraft (6) inches high, and with the wording . e is in a closed hangar or congested or 'Emergency Shut Off' and other an enclosed space. appropriate operating instructions b. No person shall smoke or permit any required at the emergency operating open flame within one hundred (100) devices in letters at least two (2) feet of any aircraft undergoing fuel inches high. Each fuel handling service. vehicle will also be conspicuously c. Prior to the fuel servicing of any marked on both sides and rear with the aircraft, it and the fuel dispensing type and grade of fuel it contains. equipment shall be grounded to a point q. Each fuel handling vehicle shall meet or points of zero electrical poten- all requirements of the Uniform Fire tial, when complete, in the reverse Code adopted by Iwo City Code order to prevent the possibility of regarding fueling on airports. . static ignition of volatile liquids. r. A lease with the Airport Commission As a minimum, the refueling unit shall for the space required to store the be grounded to aircraft. When refueling vehicle must be obtained feasible, however, the following before storing of said vehicle on grounding sequence is preferred: airport property. 1. Aircraft to apron or ground. Sec. 4-83. Storage 2. Refueling unit to ground. No aviation fuels may be stored on 3. Refueling unit to aircraft- airport property except in the storage 4. Refueling nozzle to aircraft. compartments of fuel handling vehicles The foregoing procedure necessarily and/or in underground storage tanks as I modified will apply to a storage provided in Section 4-88 of this Article. dumping and the filling of dispensing Sec. 4-84. Liquid Disposal equipment. No fuels, oils, dopes, paint, solvents d. When malfunction of refueling equip- or acids shall be disposed of or dumped in e ment is detected, all refueling shall drains, on the ramp areas, catch basins or cease immediately and the malfunction ditches or elsewhere on the Airport. remedied or entire unit replaced by Sec. 4-85. Cleaning Floors another. Any malfunctions or irregu- Floors shall be kept clean and free larity detected on or within the frau oil. The use of volatile flammable aircraft being serviced will be solvents for cleaning floors is prohib- brought to the attention of the ited. aircraft owner or operator imnedi- Sec. 4786. Drip Pans ately. If required by aircraft designs, drip e. Crews engaged in the fueling and pans shall be placed under motors and kept defueling of aircraft, the filling of clean at all times. dispensing equipment or dumping into Sec. 4.87. Compressed Amen OFFICIAL PUBLICATION , /9 /I/ x s 3a 33 No cylinders dr flasksf c oompressed / J'�f/'f- v ;flammable gases shall be stored in � O �I �Mangars, cC- Sec. 4-88. Underground Storage Tanks Persons, firms, or corporations Operating aircraft on the airport and electing to, with the permission of the Airport Commission, to install buried. storage tanks to fuel their ownaircraft lust meet the following minimum standards: (a) .Land. , Said person, firm, or corporation (hereinafter in this section referred 1 to as 'lessee'). must secure a lease frau the airport commission which leasehold shall contain a sufficient area to provide space for all buildings, aircraft parking paved ramp area, fuel farm, and motor' vehicle parking. All land shall be' leased Iron the Airport Commission. Access to airport property from pri , vately-owned land (commonly referred' to as'through-the-fence' operations)' is strictly prohibited. (b) Personnel, One properly trained person shall be. on duty'during all hours of operation. as provided for by the Uniform Fire Code (Articles 24 and 79); (c) Services. The lessee mayhangar, adjust., repair, refuel, clean and otherwise service his own aircraft, provided he ' does so with his own employees in. • accordance with the established' • standards of the Airport Commission relating to such work. This would not prevent lessee from hiring outside mechanical labor inasmuch as adequate' service could not .bel 1 obtained by existing lessees of the. Airport Commission. (d) Fuel Facilities. • One metered filter-equipped dispenser' for dispensing aviation gas and/or jet aviation fuels from buried storage tanks having a sufficient capacity to meet the lessee's demand' ' as addressed. in FM Advisory. Circu- lar, FM AC No. 15075230-4 (and ' revisions) and the Uniform Fire Code, • (Article 24 and 79). I(e) Aircraft Fueled. Only aircraft owned, rented or leased by the lessee may be fueled fr®'the lessee's fueling facilities. '(f) Fuel Quality Control Program. All storage facilities shall be maintained and operated by the lessee in accordance with all EPA, Federal,. State, local and Uniform/National Fire, Code provisions covering fuel storage and dispensingon airports. The applicable sections of FM Advisory Circular No. 150/5230-4 (and revisions) and the Uniform Fire Code (Article: 24 and. 79) shall be fol- lowed. (g) Hours of Operation. The normal operating hours will be at the discretion of the.lessee, (h) Insurance Coverage. Lessee shall provide the following minimal+ insurance coverage (and shall provide,proof of such to Lessor): Comprehensive publicliability and property damage: Bodily injury, One hundred thousand dollars ($100,000.00)' each person; one million ($1,000,000.00)each accident. Property damage:: One million dollars.(11,000,000.00) each acci- dent. (i) The land leaseshall,include a clause that holds the City of Iowa City and the Iowa City Airport Commission harmlessof any liability resulting from the operation of the self fueling facility. 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 1 pert thereof not adjudged invalid or 1 unconstitutional. SECTION V. EFFECTIVE DATE: This Ordi- nance shall be in effect 'after its final I passage, approval and publication as required by law. 1 Passed and.annroved this 7th day of Fey, 1985. MAYOR ATTEST: ,e/ -,6 ,) CITY CLERK 84097 May IS. INS ORDINANCE NO. 85-3234 AN ORDINANCE AMENDING SECTION 31-10 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY TO DESIGNATE THE LOCATION WITHIN THE CITY WHERE CERTAIN SURFACE MATERIALS WITHIN THE STREET RIGHT-OF-WAY ARE PROHIBITED. SECTION I. - PURPOSE. The purpose of this amendment is to specify the location within the city where certain surface materials, such as rocks and stones in the street right-of-way shall be prohibited. SECTION 2. AMENDMENT. Section 31-10 is hereby repealed and substituted in its place is the new Section 31-10: Section 31-10 Prohibited surface materials in the area between the traveled or paved area of the street right-of-way and the abutting property line. Within the area of the city bordered by Church, Dodge, Bowery, and Madison Streets, 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. 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 provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of this 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 un- constitutional . SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage approval and publication as required by law. 93' 2 Passedandndapproved this 14th da of May, 1985. i/it, (A-7:.______ -, t- MAYORpro/tem ATTEST: on-c t„z.) cre. ,-/ -1_,L.1 CITY CLERK Received & Approved By Tho Legal De/admen! . ... . 5/28 ec t 9-9 3 It was moved by Strait - - and seconded by Ambrisco that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco - X Baker —3� —Dickson - X Erdahl X McDonald X Strait X Zuber First Consideration April 23, 1985 Vote for passage: Ayes: Zuber, Ambrisco, Baker, Erdahl, McDonald, Strait. Nays: None. Absent: Dickson. Second Consideration May, 7, 1985 Vote for passage:Ayes: Strait, Zuber, Baker, Dickson, McDonald. Nays: None. Absent: Ambrisco, Erdahl. Date published May 22, 1985 ,'co CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CffY, 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. 85-3234 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of May , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 22nd day of May , 19 85 . Dated at Iowa City, Iowa, this 11th day of June ,1985 . Cfral-. 'amens Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 85-3234 vr AN ORDINANCE AMENDING SECTION 31-10 3) CODE OF ORDINANCES OF THE CITY OF IOWA CITY TO DESIGNATE THE LOCATION WITHIN THE CITY WHERE CERTAIN SURFACE MATERIALS Printers fee S WITHIN THE STREET RIGHT-OF-WAY ARE PROHIBITED. SECTION 1. PURPOSE. The purpose of this CER"TIF[CATE OF PUBLICATION amendment is to specify the location STATE OF IOWA, Johnson County,ss: within the city where certain surface THE IOWA CITY PRESS-CITIZEN materials, such as rocks and stones in the street right-of-way shall be prohibited. k SECTION 2. AMENDMENT. Section 31-10 is hereby repealed and substituted in its place is the new Section 31-10: Section 31-10 Prohibited surface I materials in the area between the traveled or Bronwyn S. Van Fossen, being duly paved area of the sworn, say that I am the cashier of the strthe abutting right-ofp ayeand d IOWA CITY PRESSCITIZEN. a news- line. paper published in said county. and that Within the area of the city a notice, arinted copyofwhich is bordered by Church, Dodge, Bowery, and p Madison Streets, no person shall place hereto alta hed, was published in said or allow to be placed any loose rocks, paper time(s). on the fol- stones, gravel, or similar loose substances as a surface material in lowing date(s): the area between the traveled or paved area of the street right-of-way and the abutting property line. The director of public works shall adopt administrative regulations which I °'%14 l S; describe acceptable surface materials _ and establish policies and procedures _ ? Zo-,1 for their placement and maintenance. A . _ SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the Cashier provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: if any section, provision or part of this Ordi- Subscribed and sworn to before me nance shall be adjudged to be invalid or unconstitutional, such adjudication shall .----2,1,�n not affect the validity of the Ordinance 30 day of 1,x+1 a whole or any section, provision or this /nal A.D.�.I). part thereof not adjudged invalid or un- constitutional. SECTION V. EFFECTIVE DATE: This Ordinance • 19 Q S` shall be in effect after its final v passage approval and publication as n required by Taw. -- \ Passed and approved this 14th day of May, 1985. Notary Public �_ ti o. C1 —•-----` oR oro 115/ ATTEST: � � � �— "a`'F' SHA^.).\1-7:7", • LE 11 ATTMay 22, 1985 v. i ORDINANCE NO. 85-3235 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY TO CHANGE SPEED LIMITS ON PARTS OF SCOTT BOULEVARD. 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 Scott Boulevard as determined by the engineering studies conducted by the Traffic Engi- . neering Division. SECTION II. AMENDMENT. Section 23-189 is hereby repealed and the following new Section 23-189 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 limits 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 Keswick 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 limits southbound south to a point eight hundred (800) • feet north of the intersection of Foster Drive. /6/ 0 ance No. 85-3235 Page 2 First Avenue 25 From the intersec- tion of Bradford Drive south to the intersection of U.S. Highway 6. Gilbert Street 30 From the intersec- tion of Burlington to the intersection of Highway 6. Gilbert Street 25 From the intersec- tion with Highway 6 to a point two thousand one hundred (2,100) feet south of said intersec- tion. 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. 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. /Do? Ot .. ,,,ance No. 8S-3235 Page 3 Iowa Highway 1 25 From its intersec- (Burlington St.) tion with Highways 218 and 6 to a point 150 feet east of Van Buren St. Iowa Highway 1 45 From the intersec- tion 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 intersec- tion with Emerald Street west to the west city limits. Mormon Trek 35 From the intersec- tion 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. Park Road 25 From the intersec- tion with Rocky Shore Drive east to the intersection with North Dubuque Street. Rochester Avenue 35 From the intersec- tion with First Avenue east to the city limits. Rohret Road 35 From the intersec- tion with Mormon Trek Boulevard west to the City limits. 0, ,. ,..ante No. 85-3235 Page 4 Scott Boulevard 35 From the intersection with Court Street south to U.S. Highway #6. Sycamore Street 30 From the intersec- tion with U.S. Highway 6 south to Gleason Avenue. Sycamore Street 30 From the intersec- tion with Burns Avenue south 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 • intersection 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. /n'I 01 ., .. ance No. 85-3235 Page 5 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. 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 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 . /n g 01 .1 ,,,ante No. 85-3235 Page 6 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 21st day of May, 1985. / MAYO' ATTEST: Li /Lit j aipi 4 CIT CLERK Received & AppEvad By T e Leal Department 4123/95 • • /o6 It was moved by Ambrisco = and seconded by Baker that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON _ X ERDAHL X MCDONALD _ X STRAIT X X ZUBER First consideration 4/7/85 Vote for passage: Ayes: Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Absent: Ambrisco, Erdahl. Second consideration 5/14/85 Vote for passage Ayes: Ambrisco, Baker, Dickson, Erdahl, Strait. Nays: None. Absent: McDonald, Zuber. Date published 5/29/85 In'7 CITY OF IOWA 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. 85-3235 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of May , 1985 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of May , 19 85 . Dated at Iowa City, Iowa, this 11th day of June ,19 85 . a na Parrott, Deputy City Clerk • ---- 0881C`IA PUc.LIC.` iN i OFFICIA.PUBL.:CATION - ORDINANCE NO. 85-3235 Muscatine Avenue 35 From a point one hundra4 ..(100) feet AN ORDINANCE AMENDING SECTION 23-189 OF the inter- east7NE MUNICIPAL CODE OF IOWA CITY TO CHANGE - section'with Juniper SPEED LIMITS ON PARTS OF SCOTT BOULEVARD. limits. imit- CO the city imits- E IT ORDAINED Of THE CITY COUNCIL OF IOWA Park Road ' 25 Fran the intersec- CITY, IOWA, - tion with Rocky SECTION I. PURPOSE. The purpose of this - Shore Drive east to ordinance is to amend Section 23-189 of the intersection the municipal code of Iowa Cityto reflect with North Dubuque , changes in the speed limit of Scott . Street- ; Boulevard as determined by the engineering a studies conducted by the Traffic Engi- (]+2 neering Division. - Rochester Avenue 35 From the intersec- /J SECTION II. AMENDMENT. Section 23-189 is tion with First Rochester repealed and the following new Avenue east to the Section 23-189 is adopted in lieu thereof: city limits. Printers fee S`?ti ' Sec. 23-189. Exceptions to speed Rohret Road 35 Frpn the intersec- •' limits. tion with Mormon Upon the basis of an engineering and Trek Boulevard west CERTIFICATE OF PUBLICATION traffic Investigation, the following to the City limits. - maximum speed limits are hereby determined STATE OF IOWA, Johnson County,ss: and declared reasonable on the following Scott Boulevard 35 Fran the intersection THE IOWA CITY PRESS-CITIZEN streets or portions of streets, when signs with h Court Street _ are erected giving notice thereof. Benton Street 35 Fran the. intersec- Highway 46. tion of Keswick - Drive to the Sycamore Street 30 Frog the intersec- _ I intersection of tion with U.S. Mormon Trek. Highway 6 south to Bronwyn S. Van Fossen, being duly Gleason Avenue. Dubuque Street 35 Fran a point just sworn, say that I am the cashier of the northbound north of the Sycamore Street 30 Fran the intersec- IOWA CITY PRESS-CITIZEN, a news- intersection with tion with Burns paper published in said county, and that Kimball Road north avenue south to the a notice, a printed copy of which is to the city omits. city limits. hereto attached, was published in said • Dubuque Street 35 Fran a point eight U.S. Highway 6 55 Fran the city // southbound hundred (800) feet limits to a point paper _ timelsl. on the fol- north of the one hundred (100) lowing date(s): intersection of feet east of Foster Drive to a Industrial Park point three hundred Road. (300) feet north of U,S. Highway 6 45 Fr a point one /9g5:,,-) the intersection Of , Park Road. hunN (100) feet _ _ I _ east of Industrial - -Dubuque Street 45 Fran the city limits Park', Road to a �`r g�Y // �t,.y, Southbound south to a point point seven hundred }1 trwa 4j. )pan-\ �-'!4L1' - - eight hundred (800) (700) feet east of !/ Cashier feet north of the the intersections intersection of of U.S. Highway 6, Foster Drive. U.S. Highway 218 and Iowa Highway --First Avenue 25 Fran the intersec- Subscribed and sworn to before me tion of Bradford Drive south to the U.S. Highway 6 30 Fran a patent seven � .��dyj � sy�q intersection of U.S. hundred (700) feet this j(L(�r�day of_ /ldalq_, A.D. Highway 6. east do the I intersection of Gilbert Street 30 Fran the intersec- U.S. Highways 6, 19g,57 _.. tion of Burlington 218 and Iowa to the Intersection Highway 1 west and W � of Highway 6. north a point one thousand one i(fy� Sti .0 Gilbert Street 25 Fran the intersec- hundred fifty NotaryPublic tionowith Highway 6 (1,150) feet west point two of the intersection one hundred with Riverside (2,10ff) feet south Frine.N o ilia ( of said intersec- U.S. Highway 6 35 Fran a point one tion, thousand one _ hundred fifty :'rA 4 &NAUICNN Sei!!`I" - Gilbert Street 35 Fran a point two. of the) feet west gr; thousand one hundred of intersection _ (2,100) feet south with Riverside " iJ of the intersection Drive west to the with Highway 6 to a city limits. point three thousand nine hundred (3,900) U.S. Highway 218 50 From the south city feet south from said limits to a point .- intersection- one thousand six ' hundred (1,600) Iowa Highway 1 55 Fran the city limits feet north of the east to a point • south city limits. eight hundred (800) feet west of the. U.S. Highway 218 45 Fran a point one Intersection of thousand six Miller Avenue, hundred (1,600) feet north of the Iowa Highway 1 45. From a point eight south city limits hundred (800) feet to a point eight west of the inter- hundred (800) feet section of Miller south of the Avenue to a point intersection with five hundred (500) U.S. Highway 6 and feet east of Hudson Iowa Highway 1. • Avenue. U.S. Highway 218 30 Fran a point eight Iowa Highway 1 30 From a point five hundred (800) feet .hundred (500) feet south of the east of Hudson intersection with Avenue to the U.S. Highway 6 and I intersection of U.S. Iowa Highway 1 u,,,h..... c 210 .-. .._ ORDINANCE NO. S5-3236 AN ORDINANCE AMENDING SECTION 23-161 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I . PURPOSE. The purpose of this amendment is to make the language of the City traffic regulation regarding stopping • and yielding right-of-way at a stop intersection consistent with the language of S321 .322, Code of Iowa. SECTION II . AMENDMENT. Section 23-161 of the Code of Ordinances is hereby repealed and substituted in its place is the following new Section 23-161 : Sec. 23-161. Operator's responsibility to stop and yield at stop intersection. The driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at the first opportu- nity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection or at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersec- tion. Before proceeding, the driver shall yield the right-of-way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to • constitute an immediate hazard during the time the driver is moving across or within the intersection . 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 . ( lance No. 85-3236 Page 2 SECTION V. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and ..proved this 21st day of May, 1985. / 41CetA2— MAYOR ATTEST: _ `.664,,,e /44 CITY CLERK Received & approved By The mal Department 4`ZZ(g� It was moved by Ambrisco and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON _ X ERDAHL X MCDONALD _ X STRAIT X ZUBER First consideration 4/7/85 Vote for passage:Ayes: Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Absent: Ambrisco, Erdahl. Second consideration 5/14/85 Vote for passage Ayes: Dickson, Erdahl, Strait, Ambrisco, Baker. Nays: None. Absent: McDonald, Zuber. Date published 5/29/85 //, CITY OF IOWA CITY CMC 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. 85-3236 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of May , 1985 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of May , 19 85 . Dated at Iowa City, Iowa, thisllth day of June ,1985 . camaParrott, Deputy City Clerk • • or . OFFICIAL PUBLICATION 3) ORDINANCE NO. 85-323b L kN ORDINANCE AMENDING SECTION 23-161 OF Printers fee S / - THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. CERTIFICATE OF PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS-CITIZEN SECTION 1. PURPOSE. The purpose of this 4. amendment is to make the language of the City traffic regulation regarding stopping and yielding right-of-way at a .stop intersection consistent with the language I of 8321.322, Code of Iowa. SECTION 11. AMENDMENT. Section 23-161 of Bronwyn S. Van Fossen, being duly the Code of Ordinances is hereby repealed and substituted in its place is the sworn, say that I am the cashier of the following new Section 23-161: IOWA CITY PRESS-CITIZEN, a news- Sec. 23-161. Operator's responsibility to stop and yield at stop intersection. paper published in said county, and that The driver of a vehicle approaching a notice, a printed copy of which is a stop intersection indicated by a stop . hereto attached, was ublished in said sign shall stop at the first opDortu- P pity at either the clearly marked stop paper tlme(SI. on the f01 line or before entering the crosswalk 17.710647 ing date(s): � or before entering the intersection or in ;'jCj �� ro the point nearest ere s a vietiof roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersec- shal Before proceeding, the any shall yield the right-of-way to any vehicle on the intersecting roadway 9 which has entered the intersection or .�.L.I�j.a_ �� 2i ,./ ......1...d_41111..._... ,i which is approaching so closely as to constitute an immediate hazard during Cashier the time the driver is moving across or within the intersection. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict withy Subscribed and sworn to before me the o 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 • 19 S'5 '. not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. U.SL.-Cr.eN!'� t,r- -j SECTION V. EFFECTIVE DATE: This Ordi- nanceNotar Public shall pin effect after final Notary passage, approvalandpublication as required by law. vo.1 � a1IPassed and approved this 21st day of 1 Jn may, 1985. CITY CLERK 00356 May 29,1985 / A ORDINANCE NO. 85-3237 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SAID ARTICLE II AND SUBSTITUTING IN ITS PLACE A NEW ARTICLE II OF CHAPTER 31, WHICH INCLUDES NEW SECTION 31-38, "EXEMPTION." SECTION 1. PURPOSE. The purpose of this amendment is to exempt the City and its contractors from the provisions of Article II of Chapter 31 when performing a public function regard- ing the excavation of a public place. SECTION 2. AMENDMENT. Article II of Chapter 31 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the following new Article II of Chapter 31 : ARTICLE II. EXCAVATIONS. DIVISION 1. GENERALLY Sec. 31-21. Short Title. This article shall be known as the "Street Excavation Ordinance of the City of Iowa City, Iowa." Sec. 31-22. Definitions. For the purposes of this Article, the following words shall have the meaning given. (a) "City" shall mean the City of Iowa City. (b) "Director" shall mean the City Manager of the City or his/her authorized representative. (c) "Excavation" shall mean any opening in the surface of a public place made by any means. (d) "Person" shall mean any person, firm, partnership, association , corpora- tion, company or organization of any kind. (e) "Public Place: shall mean any public street, way, place, alley, sidewalk, park, square, plaza, any City-owned right-of-way or any other public property owned or controlled by the City of Iowa City and dedicated to public use. (f) "Specifications" shall mean the latest edition of Standard Specifica- tions for Highway and Bridge Con- struction, Iowa Department of Transportation, Ames, Iowa. i// 0i,. ,,.ance No. 85-3237 Page 2 (g) "Substructure" shall mean any pipe, conduit, duct, tunnel , manhole, vault, buried cable, or wire or any other similar structure located below the surface of any public place. (h) "Utility" shall mean any public utility regulated by the Iowa Commerce Commission, persons holding a franchise from the City, and other similar persons. Sec. 31-23. Performance Deposits. Performance deposits are required for any excavation in a public place. Deposits required under this section shall be a cash security. (a) Purpose of Deposits: All special or annual deposits shall serve as security for the performance of work necessary to put the public place in as good a condition as it was prior to the excavation if the permittee fails to complete the work under the excavation permit. (b) Special Deposits: The application for an excavation permit shall be accompanied by a deposit, made in accordance with a rate schedule adopted by City Council resolution. (c) Annual Deposits: In lieu of individual special depos- its, any person intending to make excavations in public places shall maintain, with the City Treasurer, an annual deposit in accordance with a rate schedule adopted by City Council resolution. (d) Refund of Special Deposits: Upon approval by the Director of the work covered by the permit, two-thirds of the special deposit shall be promptly refunded to the permittee, and the balance shall be released to the permittee one (1) year later. (e) Refund or Reduction of Annual Depos- its: Upon request, two-thirds of any annual deposit shall be refunded at the end of the one-year period for which the deposit is made. The balance of the annual deposit shall be released one year later. If no refund request is received, the Or ince No. 85-3237 Page 3 deposit shall be carried over for use as all or part of the annual deposit the following year. (f) Use of Deposits: Deposits shall be used to pay the cost of any work the City performs to restore or maintain the public places in the event the permittee fails to perform the work as required in this chapter. The amount released to the permittee shall be reduced by the amount expended. Work done by the City shall be at uniform fees based on labor, material , and overhead expense. Notwithstanding the forego- ing, if the deposit is not sufficient to cover the cost of work by the City, the permittee shall be person- ally liable for the balance of such costs. Sec. 31-24. Traffic Control . (a) No permittee shall interrupt access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water-valves, underground vaults, valve housing structures, or any other vital equipment as desig- nated by the Director. If a street closing is required, the applicant will request the assistance and the approval of the Director. It shall be the responsibility of the permittee to notify and coordinate all excavations with the Police, Fire, and Transit Departments, and Johnson County Ambulance Service. (b) The permittee shall take appropriate measures to assure that traffic con- ditions as near normal as possible are maintained at all times. (c) Type I and Type II barricades, as defined in Part VI of the Manual of Uniform Traffic Control Devices, must be used whenever it is necessary to close a traffic lane or a sidewalk. Barricades are to be supplied by the permittee. If used at night, they must be reflectorized, and must be illuminated or have barricade warning lights.. (d) As a general guide for all mainte- nance and construction signing, Part VI of the Manual on Uniform Traffic //3 Ot .....ance No.85-3237 Page 4 Control Devices shall be used. The permittee shall illustrate on the excavation permit the warning and control devices proposed for use. At the request of the Director, such warning and control devices shall be increased, decreased or modified. (e) Oil flares or kerosene lanterns are not allowed as a means of illumina- tion. Sec. 31-25. Protection of Paved Surfaces from Equipment Damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outrig- gers are placed on any paved surface. Tracked vehicles are not permitted on paved surfaces unless specific precautions are taken to protect the surface. The permittee will be responsible for any damage to existing pavement caused by operation of such equipment and, upon order of the Director, shall repair such surfaces damaged by excavation equipment. Failure to do so will result in use of the performance deposit to repair any damage. Sec. 31-26. Protection of Adjoining Property. The permittee under division 2 of this article shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall , at his own expense, shore up and protect all build- ings, walls, fences or other property likely to be damaged during the excavation • work, and shall be responsible for all damage to public or private property or highways, resulting form failure to properly protect and carry-out excavation work. Failure to follow the provisions of this section will result in the use of the performance deposit to repair damage. Sec. 31-27. Relocation and Protection of Utilities. (a) The permittee under division 2 of this article shall notify the owners of all facilities in the excavation area at least one (1) day prior to excavating except as provided in Section 31-36. The cost of moving facilities shall be paid by the permittee. //A' 0ance No. 85-3237 Page 5 (b) The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be affected by the excavation work. The permittee shall determine the existence of all underground facili- ties within the excavation area by exposing prior to machine digging and protect the substructures against damage. Sec. 31-28. Backfilling of Excavation under or within two feet of Paved Sur- faces. The trenches of all substructures that lie under paved surfaces and traveled ways or within two (2) feet of paved surfaces shall be backfilled with excavated material to required grade in layers not to exceed six inches (6") , and each layer shall be compacted to 90% of modified proctor density. Granular backfill meeting City specifications may also be placed by any procedure which results in 90% compaction. Sec. 31-29. Backfilling of Unpaved Areas and Parkways. (a) Excavated soil shall be carefully de- posited and satisfactorily tamped in uniform layers not greater than six inches (6") in thickness until the backfill reaches the top of the substructure. The remainder of the trench shall be backfilled in uniform layers not exceeding twenty-four inches (24") in thickness, and satisfactorily tamped to within one foot of the surface. The backfilling operation shall continue with soil until the backfill remains slightly above by the ground level. Excess material shall be disposed of. (b) Granular backfill meeting City speci- fications may also be used; however, soil shall be used for the final twelve inches (12") of backfill . Sec. 31-30. Repair of Surface. (a) The Director may specify the type of resurfacing required for any excava- tion; however, in the absence of specific direction from the Director, the following specifications shall be used for resurfacing of an excava- tion: //Lc Ordinance No. 85-3237 Page 6 (1) High type asphalt streets. The pavement shall be neatly sawn one foot (1') back from each side of the excavation and removed to a depth necessary to reach undisturbed subbase or soil . A concrete patch equal to the thickness of the existing pavement, but in no case less than six inches (6") thick, shall be placed in the excava- tion and brought up to a point two inches (2") below the final surface. The permittee will complete the excavation with two inches (2") of asphalt. The concrete patch used in excava- tion work shall be an M4 mix and the patch shall be placed according to all applicable sections of the Specifications. (2) Concrete streets. The pavement shall be neatly sawn and removed one foot (1' ) back from each side of the excavation to a depth necessary to reach undisturbed subbase soil . If a construction or expansion joint is within five feet (5' ) of the edge of the patch, the surface shall be removed back to this joint. A concrete patch equal to the thickness of the existing pavement but in no case less than six inches (6") thick shall be placed using a M4 mix and the patch shall be placed and cured according to all applicable specifications. (3) Brick streets. Excavations in brick streets shall be repaired using the original brick or other brick suitable for a traveled surface. A minimum seven inch (7") concrete base shall be poured using a M4 mix. Above this, a sand-cement cushion one inch (1") thick shall be adjusted so that when the bricks are paved and rolled, the top surface of the bricks will be at the required finished grade. The joints between the • bricks shall be hand tight and /16 11 ... mance No. 85-3237 Page 7 shall be no greater than one-fourth inch (1/4") . A dry mixture of one part Portland cement and three parts sand shall be spread over the top of the patch until the joints are completely filled. The surface then shall be fogged lightly with water. (4) Low type streets. When a street consists of a seal coat, dust seal or other thin, low type surface, an asphalt patch at least two inches (2") thick shall be placed. The asphalt shall be rolled with a rubber tired vehicle until a dense, tight surface is obtained. (5) Sidewalks, driveways, curbs and gutter, other structures. Whenever an excavation cuts a sidewalk, driveway, curb and gutter or other structure, the excavation shall be backfilled as described in Section II. A neat saw cut shall be made one foot (1') back from each side of the excavation to undisturbed soil ; however, on sidewalk, the pavement shall be removed back to the nearest contraction or expansion joint. All broken or spelled concrete or structure material shall be removed and the surface shall be replaced using an M4 mix and the patch shall be placed and cured according to all applicable specifications. (6) Parkways and other unpaved areas. The surface of culti- vated grass areas shall be seeded. It is the responsibil- ity of the permittee to estab- lish a good stand of grass. The area shall be left —Free from debris and clods. On steep embankments or upon request of . the Director, sod or other erosion control techniques shall be used for restoration. (7) Saw cuts. All saw cuts are to be made to a depth of two inches (2") or deeper. The remainder //-f Oru,nance No. 85-3237 Page 8 of the slab shall be broken off below that point in a vertical plane. Saw cuts shall form a rectangle around the excava- tion. (b) Boring or other methods to prevent cutting of pavement will be required upon request of the Director. Sec. 31-31. Time of Completion. All excavation work and backfilling covered by the permit issued under Division 2 of this article shall be completed in a prompt manner as determined by the Director. After completion of the excavation and backfill work, restoration of the surface shall be completed within fourteen (14) days unless a time extension is granted by the Director. Sec. 31-32. Noise, Dust and Debris. Each permittee under Division 2 of this article shall conduct excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the excavation work, the permittee shall take appropriate measures to reduce noise, dust and unsightly debris. No work shall be done between the hours of 10:00 P.M. and 6:00 A.M., except with the express written permission of the Director, or in case of an emergency. Sec. 31-33. Inspection. Random inspections may be made of proce- dures described in this Ordinance and the permittee under Division 2 of this article shall correct his procedure if so ordered by the Director. Failure to do so will result in use of the performance deposit to correct or complete work. Sec. 31-34. Clean-Up. As the excavation work progresses, all public rights-of-way and private proper- ties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris. All clean-up operations shall be done at the expense of the permittee under Division 2 of this article. If the permittee fails to clean-up within twenty-four (24) hours after notice, the Director shall authorize the work done. Such work shall be paid for with the performance deposit. 1/7 01 _ . ince No. 85-3237 Page 9 Sec. 31-35. Trenches in Pipe Laying. Except by special permission from the Director, no trench shall be excavated • more than 300 feet in advance of pipe laying nor left unfilled more than 100 feet where pipe has been laid. Sec. 31-36. Emergency Excavation. Nothing in this Ordinance shall be construed to prevent excavations that may • be necessary for the immediate preserva- tion of life or property. The person making excavation shall apply to the Director for a permit on the first working day after such work is commenced. Sec. 31-37. Preservation of Monuments. The permittee shall not disturb any surface monuments or hubs found on the line of excavation work unless approval is obtained from the Director. Sec. 31-38. Exemption. In performing a public function regard- ing the excavation of a public place, the City, its Departments, Divisions, employ- ees and contractors shall be exempt from the provisions of this Article. DIVISION 2. PERMIT. Sec. 31-45. Required; exception. All persons making or filling any exca- vation in any public place shall , except as provided in Section 31-36, first obtain a permit from the Director. Permits shall be obtained at least the day prior to making an excavation. No excavation permit hereunder is required for substruc- ture installation in a new subdivision prior to acceptance of the street improve- ments by the City. Sec. 31-46. Application. No excavation permit shall be issued unless a written application is submitted to the Director on a form provided by the City. The application, when approved, shall constitute a permit. Sec. 31-47. Certificate of Insurance. Before an excavation permit is issued, the applicant shall deposit with the City a certificate of public liability insur- ance in such amounts as may be determined by the City Council from time to time by resolution. The certificate of insurance shall list the City of Iowa City, Iowa, and its officers, employees and agents, as additional named insureds. iso 0 ance No. 85-3237 Page 10 SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SAVINGS CLAUSE. 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 d approved this 21st day of May, 1985. / 41 / MAYOR ATTEST:`=' ). " /j 4 CITY CLERK Race;vod & Apprtvod By :,o Legal oepaenvint 49 /2n It was moved by Ambrisco and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER • X DICKSON _ —77— ERDAHL X MCDONALD • _ X STRAIT X ZUBER First consideration 4/7/85 Vote for passage: Ayes: Dickson, McDonald, Strait, Zuber, Baker. Nays: None. Absent: Ambrisco, Erdahi. • Second consideration 5/14/85 Vote for passage Ayes: Erdahi, Strait, Ambrisco, Baker, Dickson. Nays: None. Absent: McDonald, Zuber. Date published 5/29/85 • • • • • 17/ CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CC0 STATE OF IOWA 5S 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. 85-3237 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of May , 19 8S , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of May , 19 85 Dated at Iowa City, Iowa, this llthday of Jun- ,1985 • Ram na Parrott, Deputy City f5--- OFFICIAL PUBLICATION 62-t,. 3a.7..3 7 was prior to the excavation if the permittee fails to complete the work n under the excavation permit. / (b) Special Deposits: The application for an excavation permit shall be accompanied by a deposit, made in accordance with a rate schedule adopted by City Council resolution, (c) Annual Deposits: In lieu of individual special depos- its, any person intending to make excavations in public places shall maintain, with the City Treasurer, an annual deposit In accordance with a rate schedule adopted by City Council resolution. (d) Refund of Special Deposits: Upon approval by the Director of the work covered by the permit, two-thirds of the special deposit shall be promptly refunded to the permittee, and the balance shall be released to the permittee one (1) year later. • (e) Refund or Reduction of Annual Depos- its: Upon request, two-thirds Of any annual deposit shall be refunded at the end of the one-year period for which the deposit 1s made. The er balance of the annual deposit shall be released one year later. If no S(, refund request is received, the deposit shall be carried over for use as all or part of the annual deposit Printers fee$ aa OFFICIAL PUBLICATION the following year. (f) Use of Deposits: ORDINANCE NO, 8S-3237 Deposits shall be used to pay the CERTIFICATE OF PUBLICATION — cost of any work the City performs to AN ORDINANCE AMENDING ARTICLE II OF restore or maintain the public places STATE OF IOWA, Johnson County,ss: CHAPTER 31 OF THE CODE OF ORDINANCES OF in the event the permittee fails to THE IOWA CITY PRESS-CITIZEN THE CITY OF IOWA CITY, IOWA, BY REPEALING perform the work as required in lois SAID ARTICLE iI AND SUBSTITUTING IH ITS chapter. The amount released to the PLACE A NEW ARTICLE II OF CHAPTER 31, permittee shall be reduced by the WHICH INCLUDES NEW SECTION 31-38, amount expended. Work done by the 'EXEMPTION,' City shall be at uniform fees based I on labor, material, and Overhead SECTION 1. PURPOSE. expense. Notwithstanding the forego- Bronwyn S. Van Fosse n, being duThe purpose of Ch 1s amendment is to exam t ing, if the deposit is not sufficient the City and its contractors from the to cover the cost of work by the sworn, say that I am the cashier of the provisions of Article II of Chapter 31 City, the permittee shall be person- IOWA CITY PRESS-CITIZEN. a news- when performing a public function regard- ally liable for the balance of such paper published in said county, and that ing the excavation of a public place, costs. SECTION 2. APENDPENT, Sec. 31-24. Traffic Control. a notice, a printed copy of which is Article TI of Chapter 31 of the Code of (a) No permittee shall interrupt access Ordinances of the City of Iowa City, Iowa, to and from private property, block hereto attached, was published in said is hereby repealed and substituted in its emergency vehicles, block access to paper J time(s). on the fol- place is the following new Article Ii of fire hydrants, fire stations, fire lowind ate(s): Chapter 31: escapes, water-valves, underground ARTICLE II. EXCAVATIONS, vaults, valve housing structures, or DIVISION 1. GENERALLY any other vital equipment as sdesig- treet Sec. 31-21. Short Title. hated by the Director. If a street 1 �� This article shall be known as the closing is required, the applicant or 'Street Excavation Ordinance of the Citywill request the assistance and the of Iowa City, Iowa.' approval of the Director. It shall i..._.,'" Sec. 31-22. Definitions, be the responsibility of the For the purposes of this Article, the permittee to notify and coordinate I, _ _ 1 • .. `Q,w,,,L ,:,...;--1, following words shall have the meaning all exnd Transit Departments, and Cashier �a) 'City' shall mean the City of Iowa Johnson County Ambulance Service. City. (D) The permittee shall take appropriate (b) Director' shall mean the City measures to assure that traffic con- Manager of the City or his/her areditmai as near normal as possible Subscribed and sworn to before me authorized representative, are maintained at all times. n�` (c) 'Excavation' shall mean any opening (c) Type 1 and Type II barricades, as 3Q L day y O f Lthsurface of a public place made definedm in Part VI of the Manual of th1S byanymeans. Uniform Traffic Control Devices, must A.D.� l) be used whenever it is necessaryto (d) "Person' shall mean any person, firm, Q partnership, association, corpora- c . Biose a traffic lane or a stdby th 195 - tion, company or organization of any Barricades are to be supplied by the kind. permittee. If used at night, they (e) 'Public Place: shall mean any public must be reflectarized, and must be street, way, place, alley, sidewalk, illuminated or have barricade warning _4c1Ce.L"-es. park, square, plaza, any City-owned lights. right-of-way or any other public (d) As a general guide for all mainte- N o t a r y Public property owned or controlled by the Hance and construction signing, Part City Of Iowa City and dedicated to VI of the Manual on Uniform Traffic �/ ��j public use. Control Devices shall be used. The No. 116_ r.0 (f) Specifications" shall mean the permittee shall illustrate on the latest edition of Standard Specifica- excavation permit the warning and _ tions for Highway and Bridge Con- control s proposed for use. At St-1.7 H .11 , S • struction, Iowa Department of the requestuest of the Director, such Transportation, Iowa, warning and control devices shall be (T) 'Substructure' shalhalll mean anyincreased, decreased or modified. pipe, (e) Oil flares or kerosene lanterns are Conduit, duct, tunnel, manhole, not allowed as a means of illumine- , vault, buried cable, or wire or any other similar structure located below tion' the surface of any public place- Sec. 31-25. Protection of Paved Surfaces (h) "Utility" shall mean any public from Equipment Damage, utility regulated by the Iowa Backhoe equipment outriggers shall be Commerce Commission, persons holding fitted with rubber pads whenever urface- a franchise from the City, and other Trac are placed on any paved ttedacon similar persons, Tracked vehicles are not permitted on Sec. 31-23. persons. Deposits, paved surfaces unless specific precautions Performance deposits are required for are taken to protect the sbleacf any any excavation in a permittee will be responsible for any s required under this�section eCshal0l beita damage to existing pavement caused by cash security• operation of such equipment and, upon order of the Director, shall repair such (a) Purpose of Deposits: All special or annual deposits shall surfaces damaged by excavation equipment, serve as security for the performance Failure to do so will result in use ofen the of work necessary to put the public performance deposit to repair any carnage, place in as good a condition as it Sec. 31 26. Protection of Adjotninq Property• The permittee under division 2 of this article shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at his own expense, shore up and protect all build- ings, walls, fences or other property 4 likely to be damaged during the excavation work, and shall be responsible for all damage to public or private property or highways, resulting form failure to properly protect and carry-out excavation work. Failure to follow the provisions of this section will result in the use of the nerfnrmanro dorncit to ranxir Aamano , 24,40'. '53 37 Sec. 31-31. Time of Completion. All excavation work and backfilling Division 2y of this permit issued under this article shall ,be completed in a prompt manner as determined by the Director. After completion of the excavation and backfill work, restoration of the surface shall be completed within fourteen (14) days unless a time extension ------ is granted by the Director. OFFICIAL PUBLICATION _ Sec, 31-32. Noise, Dust and Debris. Sec. 31-27. Relocation and Protection of side of the excavation ..t0 a Each permittee under Division 2 of this Utilities. depth necessary to 'ifi+ath article shall Conduct excavation work in (a) The permittee under division 2 of undisturbed subbase soil,.>S, a such manner as to avoid unmet ass ry this article shall notify the owners al construction or expansion„I int inconvenience and annoyance to the genel� of all facilities in the excavation is within five feet (5') 49-the of and occupants of neighboring Property, In the performance of ie area at least one (1) day prior to edge of the patch, the surface excavation work, the permittee shall t excavating except as provided In shall be removed back to thistake Section 31-36. The cost of moving joint. A concrete patch equal appropriate measures to reduce noise, dist facilities shall be paid by the to the thickness of the existing and unsightly debris. No work shall be permittee. pavement but in no case less done between Che hours of 10:00 P.M. and (b) The permittee shall support and than six inches (6") thick shall 6:00 A.M., except with the express written protect all pipes, conduits, poles, be placed using a M4 mix and the permission of the Director, or in case of wires or other apparatus which may be patch shall be placed and cured an emergency, affected by the excavation work. The according to all applicable Sec, 31-33, inspection, permittee shall determine the specifications. Random inspections may be made of proce duras described in this Ordinance and existence of all underground tacili- (3) Brick streets. Excavations in tfie ties within the excavation area by brick streets shall be repaired Pmrmittee under Division 2 of this artic3e exposing prior to machine digging and using the original brick or shall correct his procedure if so ordered other brick suitable far a by the Director. Failure to do so will protect the substructures against damage, traveled surface. A minimum result in use of the performance deposit Sec. 31-28. Backfilling of Excavation seven inch (7') concrete base to correct or complete work, under or within two feet of Paved Sur- shall be poured using a M4 mix. Sec . 31-34, Clean-Up. Sur- faces. Above this, a sand-cement As the excavation work progresses, all The trenches of all substructures that cushion one inch (1') thick public rights-of-way and private proper- lie under paved surfaces and traveled ways shall be adjusted so that when ties shall be thoroughly cleaned of all or within two (2) feet of paved surfaces the bricks are paved and rolled, rubbish excess earth, rock and othtr shall be backfilled with excavated the top surface of the bricks debris. All clean-up operations shall `e will be at the required finished done at the expense of the permittee under material to required grade in layers not grade. The joints between„the Division 2 of this article. If the to exceed Six inches (6"), and each layer shall be compacted to 90% of modified bricks shall be hand tight and permittee fails to clean-up within proctor density. Granular backfill meetingSpall be no twenty-four (24) hours after notice, the City specifications may also be placed by one-fourth inch (gr4a,er A than Director shall authorize the work done. he any procedure which results in 90% mixture of one part Portland Such work shall be paid for with the compaction, cement and threeperformance deposit. Sec. 31-29. Backfilling of Unpavedparts ;a of Sec. 31 35, Trenches in and Parkways. g Areas shall be spread over the top of Pipe Laying. the patch until the joints are Except by special permission from the (a) Excavated soil shall be carefully de- completely filled. The surface Director, no trench shall be excavated posited and satisfactorily tamped in then shall be fogged lightly more than 300 feet in advance of pipe uniform layers not greater than six with water, laying nor left unfilled more than 100 inches (6") in thickness until the (4) Low type streets. When a street feet where pipe has been laid. backfill reaches the top of the consists of a seal coat, -Oust Sec. 31-36. Emergency Excavation• Nothing in this Ordinance shall substructure. The remainder of the seal Or other thin, low type be trench shall be backfilled in uniform surface, an asphalt patch' at construed to prevent excavations that may layers not exceeding twenty-four tion of life or property. least two inches (2') thick necessary for the immediate preserv4- inches (24") in thickness, and shall be placed, The asphalt :. The person satisfactorily tamped to within one shall be rolled with a rubber making excavation shall apply to tete foot of the surface. The backfilling tired vehicle until a dense, Director for a permit on the first working operation shall continue with soil tight surface is obtained, day after such work is commenced. until the backfill remains slightly (5) Sidewalks, driveways, curbs and Sec. 31-37. Preservation of Monuments. above by the ground level, Excess gutter, other structures. The Permittee shall not disturb any material shall be disposed of. Whenever an excavation cuts a surface monuments or hubs found on the (b) Granular backfill meeting City sped - sidewalk, driveway, curb and line of excavation work unless approval iS , gutter or other structure, the fi[dt ions may also be used; however k Obtained from the Director, soil shall be used for the final excavation shall be backfihled Sec. 31-38. Exemption. twelve inches (12") of backfill, as described in Section II., A In performing a public function regard- twelve 31-30. Repair of Surface. neat saw cut shall be made one i^9 the excavation of a public place, the City, its Departments, Divisions, (a) The Director may specify the type of foot (1') back from each side of empl0'_ ems and contractors shall be exempt fru resurfacing required for any excava- the excavation to undisturped soil; however, on sidewalk, the tion; however, in the absence of the provisions of this Article, specific direction tram the Director pavement shall be removed back DIVISION 2. PERMIT, the following specifications shall De to the nearest contraction or 31-45. Required; exception, �;� for resurfacing of an excava- expansion joint. All broken or All persons making or filling any exc4- spelled concrete or Structure ration in any public place shall, except (1) High type asphalt streets. The material shall be removed end as provided in Section 31-36, first obtain pavement shall be neatly sawn the surface shall be repleped a Permit from the Director. Permits shall one foot (1') back from each using an M4 mix and the patch be obtained at least the day prior e0 side of the excavation and shall be placed and cured making an excavation. No excavation, removed to a depth necessary to according to all applicable permit hereunder is required for Substruc- reach undisturbed subbase or specifications. Lure installation in a new subdivisidn soil. A concrete patch equal to (6) Parkways and other unpaved prior to acceptance of the street improve the 'thickness of the existing areas. The surface of cultf- merits by the Cityy pavement, but in no case less veted grass areas shall be 31-46. Applicetlon, than six inches (6') thick, seeded. It is the responsibil- No excavation permit shall be issued shall be placed in the excava- ity of the permittee to est,>;tb• unless a written application is submitted tion and brought up to a point lish a good stand of grass. The to the Director on a form provided by the two inches (2 ) below the final area shall be left free from City. The application, when approved, surface. The permitter will debris and clods, On steep shall constitute a permit. complete the excavation with two embankments or upon request'of Sec. 31-47, Certificate of Insurance. inches (2") of asphalt. The the Director, sod or other Before an excavation permit is issued, the applicant shall deposit with concrete patch used in weave- be control techniques.0411 the Civ tion work shall be an M4 mix and be used for restoration, a Certificate of public liability lnsu the patch shall be Placed (7) bemadecuts. All a de saw cuts are,to tehinch amounts as may be determined according to all applicable depth of two inches by City Council from time to time by sections of the Specifications. (2') Or deeper, The remainder resolution. The certificate of_insurance (2) Concrete streets. The pavement of the slab shall be broken off shall list the City of Iowa City, Iowa, shall be neatly sawn and removed below that point in a vertical and its officers, employees and agents, as one foot (1') back from each plane. Saw cuts shall font a additional named insureds, . , SECTION III. REPEALER. All ordinances rectangle around the excava- tion, and parts of ordinances in conflict with (b) Boring or other methods to prevent the provision of this ordinance are hereby cutting of pavement will be required repealed. upon request of the Director, SECTION IV, SAVINGS CLAUSE. 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 sFiaTl be in effect after its final passage, approval and publication as required by law. Passed a•d approved this 21st day of May, 1985./ 70 ........„-e ./. �•o.. „ - /111M ••-• err' ,� jr - ATTEST .„.. 4E64 4e, i : . i . CITY ERK 00355 May 29, I985 ORDINANCE NO. 85-3238 ORDINANCE TO CHANGE THE NAME OF HIGHLANDER DRIVE TO NORTHGATE DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I . That the name of the public street Highlander Drive, dedicated to the City of Iowa City with the subdivision of the Highlander Development, First Addi- tion, be changed to Northgate Drive. SECTION II . 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 of this ordinance as provided 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 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 4th day of June, 1985. ,' / ' i, ,.„,e_s2 AYOR ATTEST: 44 , y J ;,e, CITY CLERK Received & Approved Ey The Legal Department u/i c/.t..r- iad--- It was moved by Ambrisco and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT —77 ZUBER First consideration 5/7/85 Vote for passage: Ayes: Zuber, Dickson, McDonald, Strait. Nays: Baker. Absent: Ambrisco, Erdahl. Second consideration 5/14/85 Vote for passage Ayes: Strait, Ambrisco, Dickson, Erdahl. Nays: Baker. Absent: McDonald, Zuber. Date published 6/12/85 /023 ORDINANCE NO. 85-3239 AN ORDINANCE REPEALING THE ZONING ORDI- NANCE AND MAP AND ADOPTING A NEW ZONING ORDINANCE AND MAP. 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 Map and replace them with a new revised Zoning Ordinance and Map. SECTION II. AMENDMENTS. The Iowa City Code of Ordinances is hereby amended by deleting Chapter 36, entitled Zoning and inserting in lieu thereof the attached Chapter 36, which is included by reference herein. 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 Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and? approved this 4th day of June, 1985. /MAYOR ATTEST: rale— . . , • ReaVed & Approved nt By The LeSai D a o ter �a'/ Ordinance No. 85-3239 Moved by Erdahl, 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 (text and map) be voted upon for final passage at this time. Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. It was moved by Erdahl, and seconded by Dickson, that the Ordinance text as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER It was moved by Erdahl, seconded by Zuber, that the Ordinance map as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO _ X BAKER X DICKSON X ERDAHL X MCDONALD X -J STRAIT X ZUBER Date published June 14, 1985 /025 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5030 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. 85-3238 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of June , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 12th day of June , 1985 Dated at Iowa City, Iowa, this Stiday of July ,19 RS Rams a Parrott, Deputy City Clerk vir- OFFICIAL PUBLICATION Printers fee$ 11ORDINANCE NO. 85_3238 ORDINANCE TO CHANGE THE NAME OF HIGHLANDER CERTIFICATE OF PUBLICATION DRIVE TO NORTHGATE DRIVE. STATE OF IOWA, Johnson County,ss: BE IT ORDAINED BY THE CITY COUNCIL OF IOWA THE IOWA CITY PRESS-CITIZEN CITY, IOWA: SECTION I. That the name of the public street Highlander Drive, dedicated to the City of Iowa City with the subdivision of I, the Highlander Development, First Addi- tion, be changed to Northgate Drive. Bronwyn S. Van Fossen, being duly SECTION II. The City Clerk is hereby sworn, saythat I am the cashier of the authorized and directed to ountyfy a copy of this ordinance to the County Recorder IOWA CITY PRESS-CITIZEN, a news- of Johnson County, Iowa, upon final published in said county, and that passage and publication of this ordinance paper Y as provided by law. • a notice, a printed copy of which is SECTION III. REPEALER. All ordinances hereto attacped, was published in said and parts of ordinances in conflict with a time(s), on the fol- the provision of this ordinance are hereby paperrepealed. lowing datels): 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 je4.44..4.- /a, fie 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 Cashier passage, approval and publication as required by law. Passed .nu approved this 4th day of Julie, 198S. 1 Subscribed and sworn to before me , . 0., /• b..��Q - / ' YOR this02 day of (((��� t om— , A.D4".-...,,L2�, ATTEST: CITY 114/CLERK 19 gS. 00597 June 12, 1485, r,� i i Notary Public No. !1'rtsd 'I`'- SHARON STUBBS 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 struc- tures 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 regulations 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 fon 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 ) acces- sory use or structure on a lot. /a l 2 (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 Adjust- ment. 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 meaning 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 vehicles 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 Law, 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 building from one location to another. (9) Apartment house. See "Dwelling, multi-family." /2 3 (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, automo- bile 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 of no 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 underground, but having three-and-one-half (3-1/2) 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. (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. 1- 4 (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 follow- ing: advertising agencies; consumer credit reporting agencies, mercan- tile 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 design- ing, 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 under- ground and having less than three-and-one-half (3-1/2) 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 construction 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 profes- sion. (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. /279 6 (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 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 includes the term "manufactured 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 on a street or alley right-of-way line. (18) Dwelling unit. Any habitable room or group of adjoining habitable rooms 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 Develop- ment 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. /3/ 5 (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 feature 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 40 pounds or less, 600 sheep, 3,000 turkeys, 15,000 broiler chickens or 9,000 layer chickens. (10) Conversion. Any change of one principal use to another principal 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; dyslexia 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 multi-family 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. /30 • 7 (4) Extraction. The extraction of sand, gravel , or top soil as an indus- trial operation, exclusive of the process of grading a lot preparatory to the construction of a building. (f) (1) Factory-built housing park. A tract of land which has been planned and improved for the placement of manufactured homes, mobile homes and modular homes on leased spaces. (2) 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 organiza- tion. A family may also be two (2) , but not more than two (2) persons not related by blood, marriage or adoption. (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, rehabilitation 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. (4) 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 produced. (5) 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. (6) 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. (7) 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 estab- lishments. (8) 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. 1.3,2_ 8 (9) 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. (10) 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. (11) 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 to the end of a cul-de-sac. (g) (1) Garage, commercial . Any building or premises used for equipping, 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. (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 stair- ways. (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 indi- viduals. 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. 9 (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 inner lobby 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 display 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, disassembled or assembled, stored or handled, including the dismantling of "wrecking" of automo- biles or other vehicles or machinery. A junk yard is also a house- wrecking yard, used lumber 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 commer- cial 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 (2) parallel or approximately parallel streets. (9) Lot, interior. A lot other than a corner lot or double frontage lot and bounded by a street on only one side. 134 10 (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 excluding 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 midpont 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 home. A factory-built single-family dwelling, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling as is provided in Code of Iowa (1983) , section 135D.26. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling. (2) Meeting hall. A facility providing space for lectures, social func- tion, exhibitions, entertainment, instruction and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas. /35 11 (3) Mobile home. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or recon- structed as will permit the vehicle to be used for year-round occupancy as a single family dwelling and containing water supply, waste dis- posal , heating and electrical conveniences. A mobile home is fac- tory-built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile lhomes may be classified as "manufactured homes." (4) 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. (5) Motel . A residential building licensed by the state, usually located along highways , occupied by and used principally as a place of lodging for guests. The term "motel" includes "motor hotel ." (n) (1) 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. (2) 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. (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. /36 12 (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 cars 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 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, partner- ship, 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 establish- ments 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 Classi- fications Manual) . i.? • 13 (8) Planting area. An unpaved pervious area intended or used for the placement of a tree. (9) Porch. A covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from the wall of a building. (10) Premises. See "lot." (11) Principal building. A building which contains the principal use. (12) Principal use. The primary use(s) of land or a structure as distin- guished from an accessory use, e.g. , a house is a principal use in a residential area; a garage or pool is an accessory use. (13) Projections (into yards) . Parts of buildings such as architectural features which protrude into the required yard or yards. (14) 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. (15) 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. (q) (1) Quarry. Land used for the purpose of excavating stone or slate as an industrial operation. (r) (1) 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. (2) Remodel/repair. Any improvement in a building which is not a structural alteration. (3) Restaurant. A business where the dispensing and the consumption 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. /39 14 (5) Retail establishment. An establishment engaged in selling merchandise for personal or household consumption, and rendering services inciden- tal 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. (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 denomi- national 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 /.3 9 15 peripheral equipment operation, including keypunch operation. Estab- lishments 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 struc- ture 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 condi- tions 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, which 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 topmost story shall be that portion of a building included between the upper surface of the topmost 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 principal function is for carrying traffic from local streets to arterial streets. (11) Street, cul-de-sac. A local street terminating in a turnaround. (12) Street, local . A street used primarily for access to abutting prop- erty. (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 govern- ment entity. /7O 16 (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. Structures include buildings, radio and TV towers, sheds, and permanent signs. Structures exclude 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, substantial improvement is considered to occur when the first altera- tion 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 improvement of a building to comply with existing state or local health, sanitary or safety code specifications which are necessary to assure safe living conditions or (2) any alteration of a building listed on the National Register or 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) . (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." /41/ 17 (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 build- ings within, above or below the zone are 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. /V2 18 (3) Zoning map. The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. / 113 19 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 development can take place. Upon provision of municipal services, the City will and the property owner may initiate rezoning of property to uses consistent with the Comprehensive Plan. ID designations on the zoning map shall be reevaluated with each revision of the Comprehensive Plan. ID designations shall consist of ID-RS (single family residential) , ID-RM (multi-family residential) , and ID-ORP (office research park) to reflect the intended 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 (1/4) 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. 14' 20 (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 (6) Minimum building width: 20 ft. for at least 75% of the building's length. (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. 36-64. (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. / 'I5 21 (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. 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) 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 (1/4) 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 set forth in the ID Zone. 1416 22 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 (6) Minimum building width: 20 ft. for at least 75% of the building's length. (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the division 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. 36-64. (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. 23 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 predominant 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. Compati- bility 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 (1/4) 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 offi- cially 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. /VC 24 (5) Maximum building bulk: Height - 35 ft. Building Coverage - 45% Floor area ratio - None (6) Minimum building width: 20 ft. for at least 75% of the building's length. (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. 36-64. (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 December 31, 1984. / /9 25 Sec. 36-8. Medium Density Single-Family Residential Zone (RS-8). (a) Intent. It is primarily intended that this zone provide for the develop- ment 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 a minimum lot area per unit is 4350 square feet. (2) Family care facilities provided they shall not be located within one-quarter (1/4) 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. /50 26 (4) Minimum yards: 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 (6) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. (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. 36-64. (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 Tot 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. /5/ 27 (2) For those dwellings in which the number of roomers exceeds one (1) , the provisions herein shall become applicable on December 31, 1984. /5a, 28 Sec. 36-9. Factory Built Housing Residential (RFBH) Zone. (a) Intent. The Factory-Built Housing Residential ' (RFBH) zone is designed to provide for the placement of manufactured homes, mobile homes and modular homes within factory-built housing parks, or upon individually subdivided lots with a lot size smaller than that allowed in other zones permitting single-family dwellings. The RFBH zone also provides a location for the placement of those mobile homes which are not classified as manufactured homes and may not comply with the building, electrical , plumbing, or housing codes, and for those factory-built homes which do not have a minimum building width of 20 feet. (b) Permitted uses. (1) Manufactured homes. (2) Mobile homes. (3) Modular homes. (c) Provisional uses. (1) Family care facilities provided they shall not be located within one-quarter (1/4) mile of each other. (2) Manufactured homes, Mobile homes and Modular homes 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: 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 RMH Zone bound- ary (5) Maximum building bulk: Height - 25 ft. Building coverage - 40% Floor area ratio - None 153 29 (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. 36-64. (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. '51/ 30 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 two (2) roomers in single family dwellings and one (1) roomer in each dwelling unit in duplexes, provided that additional off-street parking spaces shall be furnished at the ratio of one-half (1/2) space per roomer. Multi-family dwellings, which exist as nonconforming uses, shall be permitted two (2) roomers per dwelling unit. (See "special provi- sions.") (2) Family care facilities provided they shall not be located within one-quarter (1/4) 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: 5,000 sq. ft. (2) Minimum lot area per unit: 3,000 sq. ft. (3) Minimum lot width: 45 ft. (4) Minimufi lot frontage: 25 ft. on a public street or an officially approved place. /SS 31 (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 (7) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. (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. 36-64. (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 December 31, 1986. /S6 32 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 two (2) 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 (1/2) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (1/4) 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) 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 home 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. (7) Schools - generalized private instruction. (8) Schools - specialized private instruction subject to the provisions of Section 36-11(g) (2) . (9) 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. /Si 33 (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 st 3000 st 6000 st 81/b sf (2) Min. lot area per unit: 4000 sf 3000 sf 3000 sf 3000 sf 2725 sf (3) Min. lot width: 35 ft 20 ft 18 ft 45 ft 60 ft (4) Min. lot frontage on a public street or an officially approved place 20 ft 20 ft 18 ft 35 ft 40 ft (5) Min. yards: 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 (7) Min. building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. (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. 36-64. /52 34 (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) Any use listed may be established by special exception in buildings registered on the National Register of Historic Places, subject only to the requirements specified by the Board of Adjustment and the issuance of a certificate of appropriateness by the Historic Preser- vation Commission according to the procedures of Section 27-87. Because continued use and occupancy of historic structures contribute to maintenance of the City's historic, aesthetic, and cultural heritage, the Board may, to the extent it finds necessary under the circumstances, waive all zoning requirements, including but not limited to off-street parking and yard requirements, which would limit or prevent a use or occupancy of an historic structure which is allowed under the provisions of this section. (3) 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 December 31, 1986. /5? 35 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 require- ments 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 (1/2) 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 (1/4) 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. (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. /4o 36 (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. (8) 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. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit: 1800 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% 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. �� / 37 e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. (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. JA . 38 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 these regulations are designed to prevent existing multi-family uses within the neighborhood from becoming noncon- forming. 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 (1/2) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (1/4) 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. (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) School - generalized private instruction. (5) 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. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. n3 39 (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. Rear - 20 ft. (6) Maximum building bulk: Height 35 ft. Building coverage - 45% Floor area ratio - None (7) Minimum building width: 20 ft. for at least 75% the building's length. (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. 36-64. (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. 40 (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. /G5 41 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. Addition- ally, 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 (1/4) mile of each other. (2) Fraternity/sorority houses, provided there shall be 330 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. (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) Schools - generalized private instruction. (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. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. X44 42 (2) Minimum lot area per unit: 1000 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. 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. 36-64. (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. to / 43 (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. 1 61 44 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 neighbor- hood, 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 house. (3) High-rise multi-family dwellings. (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. (8) Transient housing. (e) Dimensional requirements. ih? 45 (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 in 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. 36-64. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. c. Performance standards. See Division 3. / 76 46 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 require- ment. (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. 7/ 47 Sec. 36-17. Commercial Office Zone (CO-1). (a) Intent. The Commercial Office Zone (C0-1) is intended to provide specific areas-la-Fe- 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. I (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 establish- ments 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 princi- pal 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) 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. 17a 48 (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. (10) 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. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Miriinum lot frontage: None (4) Minimum yards: Front: 20 ft. Side: None Rear: None (5) Maximum building bulk: 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. 36-58. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. / 73 49 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. / 71/ 50 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 busi- nesses 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 delica- tessen 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 princi- pal 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. (e) Dimensional requirements. (1) Minimum.lot area: None (2) Minimum lot width: None / 75 51 (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 uses 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. 36-64. (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 or 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. / 74, 52 Sec. 36-19. Community Commercial Zone (CC-2) . (a) Intent. 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 permitted uses may have limited outdoor activi- ties as specified. (b) Permitted uses. (1) Business and personal service establishments except drive-in facili- ties. (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. (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 princi- pal 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. (10) 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. (e) Dimensional requirements. 171 53 (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. 36-64. (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. 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 1id • 54 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 accommo- date 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. (c) Provisional uses. (1) Dwellings located above or below the ground floor of a structure in which the ground floor is occupied exclusively by another principal use or uses permitted in this zone. The dwellings shall be 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. (7) Transient housing. (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 - 100 ft. 17? 55 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. 36-64. (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. /,20 56 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. (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. (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. /51/ 57 (5) Public utilities. (6) Religious institutions. (7) Schools - specialized private instruction. (8) Transient housing. (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. 36-64. (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. idol 58 (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 require- ments 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. /13 59 Sec. 36-22. Highway Commercial Zone (CH-1) (a) Intent. The Highway Commercial Zone (CH-1) is intended to permit develop- ment 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) Dairy products processing and packaging. (4) Hotels, motels and convention facilities. (5) Office uses allowed in the CO-1 Zone. (6) Restaurants. (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) Public utilities. (2) Schools - specialized private instruction. (3) Transient housing. (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 /841 60 (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. 36-64. (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 125 61 Sec. 36-23. Intensive 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 use. (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. / 1� 62 (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 merchan- dise. (d) Special exceptions. (1) Adult businesses, such as massage parlors and other similar estab- lishments 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. (7) 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. (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 1:7 63 (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. 36-64. (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. 36-24 reserved. /1 64 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 affect 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. 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. (5) Maximum building bulk: Height - None Lot coverage - None Floor area ratio - None /17 65 (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. 36-64. (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 ORP be less than 21 acres. Sec. 36-26. Reserved. /90 66 Sec. 36-27. 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, cellophane, cement, cloth, cork, feathers, felt, fiber, 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. (2) Heliports and helistops subject to the requirements of Sec. 36-55. (3) Public utilities. /9/ 67 (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. 36-64. (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. /7z 68 Sec. 36-28. 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 /93 69 (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. 36-64. (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. 36-29. Reserved /9CE 70 Sec. 36-30. 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 publicly 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 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 underlying zone retaining its original designation of P. /95 71 DIVISION 2. OVERLAY ZONES Sec. 36-31. Flood hazard overlay zones - 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 proba- bility 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 preliminary revised Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated May 17, 1984, provided by the Federal Emergency Management Agency as the official 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 Emergency Management Agency. (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 bounda- ries 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. (g) Establishment of Floodplain Overlay (OFP) Zone and Floodway Overlay (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 respectively, 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: 72 (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 applica- ble) . (3) For all new or substantially improved buildings in the floodplains: 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 floodproofed and to what elevation. Sec. 36-32. Same - 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 preliminary revised Flood Insurance Rate Map (FIRM) , assuming only that encroachment on the floodplain that existed when the preliminary revised Flood Insurance Rate Map dated May 17, 1984 was adopted. 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. (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. /97 73 (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 FEMA, 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 FEMA 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 addi- tions, changes, or adjustments to structures which reduce or eliminate 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. (r) Habitable floor. Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination 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 / 9g 74 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 installation 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 improvement 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 altera- tion 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 specifica- tions 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. 199 75 Sec. 36-33. Same - 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 requirements pre- scribed in this zone. (b) Requirements. (1) In areas where water depths in the 100 year flood range between (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 Insurance 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 A1-A30, all new construction and substantial improvements 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 regis- tered 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, expansions of mobile home parks, and mobile home parks where the repair, recon- struction or improvements of the streets, utilities 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 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. 0261 76 (5) Individual building permits shall be required for the placement 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) additional 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 shall 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 alternative 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 floodplain to verify that appropriate permits have been obtained from the Iowa Department of Water, Air and Waste Management and to ensure compli- ance 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 structures 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 con- struction 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. ,-?e / 77 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 proposals shall be reviewed to assure that: I. 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. Same - 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: (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. aoa 78 (7) Streets, overhead utility lines, creek and storm drainage facilities, sewage or waste treatment plant outlets, water supply intake struc- tures 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 structures 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 obstruc- tion, 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 construction, substantial improvements or any other development that will result in any increase in the 100 year flood level . Sec. 36-35. Same - 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 applicant 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. a 03 79 (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 facili- ties, 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 and materials, flood- proofing, filling, dredging, grading, channel improvements, storage of materials, water supply, and sanitary facilities. (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 bulk- heading. (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. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to the individual 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. ao1/ 80 (6) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. Sec. 36-36. Same - Non-conforming structures. (a) If any non-conforming structure is destroyed by any means, including 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 structure 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 the Flood Insurance Rate Map. (2) If a structure is located in the floodway fringe it may be recon- structed 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 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. Same - Variances. (a) General requirements for granting of a variance. In all circumstances 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 Water 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. Secs. 36-33 - 36-43. Reserved. ays 81 Sec. 36-44. River Corridor Overlay (ORC) Zone - Generally. (a) Findings. The Iowa River and adjacent land are valuable natural re- sources, 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 communi- ties; (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 i 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 copying. Sec. 36-45. Same - Definitions. a614 82 The following definitions apply only in the interpretation and enforcement of the regulations of the River Corridor Overlay Zone: (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. Same - 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 requirements of Subsection (b) of this section. In addition, commercial river recreational uses shall be permitted in underlying industrial and commercial zones. (b) General requirements. All development shall meet the following require- ments: (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 amend- ments 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 Standards 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 Engi- neers, 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 (Perform- ance Standards) ; ozd7 83 (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 procedures of Chapter 27, Article III , Divisions 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 requirements of Chapter 27, Article III, the following information shall be provided on or within 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; g. Location, type, size and general description of existing vegeta- tion, vegetation proposed for removal and proposed landscape materials which will be added to the site as part of the develop- ment; 0268' 84 h. An erosion control and sedimentation plan as required by applica- ble provisions of the Design Standards for Public Works Improve- ments 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 OPD-H regulations, as specified in Sec. 36-47 without applying for a change in zoning. o9 85 Sec. 36-47. Planned Development Housing Overlay (OPD-H) Zone. (a) Preliminary plan. Whenever the owner of a tract of land, colposing 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 Clek 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 scale of 1" = 100' , said plan to show: a. Contours of 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 population 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 the 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: (1) The plan of the subarea meets all requirements of a final plan. oZ/O 86 (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 inde- pendent 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 restric- tive 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 development 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. (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 dedica- tions for public use shall conform to the requirements of city ordinances. ail 87 (6) Streets. Planned developments shall make provision for continuation 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 develop- ment 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 recommendation. 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 having 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 arrangements 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 development, 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 approved subarea) have been completed or unless 25% of the housing units planned for the area (or approved subarea) 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. Secs. 36-48 - 36-52. Reserved. • a /.2 88 Sec. 36-53. Historic Preservation Overlay (OHP) Zone - 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. (b) Descriptions. An OHP zone is an area that contains abutting pieces of property under diverse ownership which: (1) Are significant to American history, architecture, archaeology and culture or Iowa City history, architecture, archaeology and culture. (2) Possess integrity of location, design, setting, materials and work- manship. (3) Are associated with events that have made a significant contribution to the broad patterns of our history, or (4) Are associated with the lives of persons significant in our past, or (5) Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values ; represent a significant and distinguishable entity whose components may lack individual distinction. (6) Have yielded, or may be likely to yield, information important in pre-history or history. Sec. 36-54. Procedures for Designation of OHP Zones. c2 IA 89 (a) The Historic Preservation Commission may make a report recommending that an area be designated an OHP zone. Before any report or recommendation is submitted to the Planning and Zoning Commission for review, the Historic Preservation Commission shall hold a public hearing on any proposal to desig- nate an area as an OHP zone. The Historic Preservation Commission shall give prior notice of the time, date, place and subject matter of such hearing. Such notice shall be served by ordinary mail addressed to each property owner of land included within such proposed OHP zone at his/her last known address. If the address of any property owner is unknown, such notice shall beiserved by ordinary mail addressed to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting forth the names, addresses, and date of mailing of all property owners notified pursuant to this section. Such affidavit shall be filed with the City Clerk in the records of his/her office. After this public hearing the Historic Preservation Commission shall submit its report to the Planning and Zoning Commission and shall include a proposed ordinance establishing such OHP zone and describing the boundary. A copy of the report shall also be submitted to the Office of Historic Preser- vation of the Iowa State Historical Department for review and recommendations concerning the proposed area. Comments from the Office of Historic Preserva- tion regarding the proposed area shall be received by the City prior to the date of any action taken by the Planning and Zoning Commission which sets forth recommendations to the City Council on an ordinance establishing the proposed area as an OHP zone. (b) Within 60 days of the receipt of the report, of recommendations from the Historic Preservation Commission and the Office of Historic Preservation of the Iowa State Historical Department, and of the proposed ordinance, the Planning and Zoning Commission shall submit its recommendations to the City Council with respect to the relation of such designation to the comprehensive plan, zoning ordinance, proposed public improvements and other plans for the renewal of the area involved. The Planning and Zoning Commission shall recommend approval , disapproval or modification of the proposed OHP zone. Upon submission of the report of the Planning and Zoning Commission, or upon the expiration of the 60 day period, the matter shall be transmitted to the City Council . The Historic Preservation Commission shall be advised of any modifications to the proposed OHP zone which are recommended by the Planning and Zoning Commission. (c) If the area of the proposed OHP zone as approved by the Historic Preserva- tion Commission is altered by the Planning and Zoning Commission, the City Council shall submit a description of the altered proposed area of historical significance or the petition describing the area, to the Office of Historic Preservation of the Iowa State Historical Department for review and recommenda- tions concerning the proposed area. (d) The recommendations from the Office of Historic Preservation concerning the proposed area or altered proposed area shall be received by the City prior to setting a public hearing conducted by the City Council on an ordinance establishing an OHP zone. Any recommendations made by the Office of Historic Preservation shall be made available by the City to the public for viewing during normal working hours at a city government place of public access. ai'J 90 Upon receiving the recommendations of the Office of Historic Preservation on the proposed area and/or altered proposed area, the City Council shall provide notice of such hearing as provided by law and conduct a public hearing on the ordinance establishing an OHP zone. The Council may adopt or reject the ordinance or may refer the OHP zone designation to the Historic Preservation Commission for modification. If the Council refers the OHP zone designation to the Historic Preservation Commission for modification, the procedures described in subsections (a) through (d) of this section shall be followed, with the exceptions that, unless substantial modifications are proposed, the public hearing requirement described in subsection (a) may be waived, and only property owners affected by the Council 's proposed modification shall be notified by mail of the modification prior to action by the Historic Preserva- tion Commission. A/6 91 DIVISION 3. ADDITIONAL REGULATIONS Sec. 36-55. Use and requirements. The following principal uses are listed as provisional uses or special excep- tions 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 exceptio6 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 Aviatiorj 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 Aviation Administra- tion 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) Areas. 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. (4) The center shall be provided with at least 35 square feet of accessi- ble, usable interior floor space per child, excluding kitchen, bathrooms, and halls. a / 6 92 (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 - no 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 principal 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 so 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. tat 7 Elderly Adjacent Housing r Building Building - i i� 1 iae 2 -N-Windcw Sill / � 93 (2) No portion of a wall , roof, or appurtenance on the zero side yard shall project over the lot line. Openings in the wall shall be prohibited. (3) Legal provision shall be made for permanent access for the mainte- nance 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: 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 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 above conditions 1, 2 or 3 shall apply to a building for elderly housing and a building on an abutting lot. a � 9 94 (h) Extraction. (1) Approval of 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 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 construc- tion. (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. o2a0 95 (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 street 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. • aal 96 ARTICLE III. ACCESSORY USES AND REQUIREMENTS Sec. 36-56. Permitted accessory uses and buildings. Accessory uses, buildings or other structures customarily incidental 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. 36-64. (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. (2) Fences as regulated by Sec. 36-64. (3) Gazebos, enclosed patios and similar buildings for passive recrea- tional use. 97 (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. (d) In the C zones. (1) For residential uses, the accessory uses included in subsection (c) shall be permitted. aa3 98 (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 warehous- ing shall not exceed 40 percent of the total floor area. b. Fences are erected according to Sec. 36-64. 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 least equal to the height of the tower. (e) In the ORP and I zones. There may be any accessory use includin 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. 36-64. (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 constructed 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 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 aa9 99 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 30 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 so that a minimum 20 foot length "aisle" between the building and the street right-of-way line is provided. o2o2r7 100 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 (1-1/4) except CB-10 parking 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 (1-1/4) 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 for homes. each home. d. Multi-family dwellings 1. Where permitted According to the following except high- table: rises in the Parking RM-145 and CB-2 Floor area spaces per zones (sq. ft. ) dwelling unit up to 800 1.5 800 & over 2.0 2. High-rises in One (1) space for each the RM-145 and dwelling unit. CB-2 zones. e. Multi-family dwellings 1. Where permitted One (1) parking space for (elderly housing) except CB-2 and each dwelling unit. CB-10 azar 101 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 units. f. Rooming houses and Where permitted One (1) parking space for apartment hotels each 200 square feet of floor area. g. Fraternity/sorority Where permitted One (1) parking space for houses each 300 square feet of floor area. h. Single family dwell- Where permitted Two (2) parking spaces for ings, duplexes and each dwelling unit. townhouse units. i. Transient housing. Where permitted One-quarter (1/4) parking space per occupant, based on the maximum number of occupants. (2) Commercial uses. a. 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 automobiles undergoing some phase of laundering at the same time. b. Automobile gasoline Where permitted One (1) parking space for and service stations. 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 lieu of stacking spaces in instances where egress from 02.21 102 a facility would require a motor vehicle waiting for entry to be moved. c. Automobile 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 for loan institutions, each 200 square feet 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 (1/2) 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 and floor area. 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 clean- Where permitted One (1) parking space for ing establishments each two (2) laundry and/or (coin operate) dry cleaning machines. i . Laundry and dry clean- Where permitted One (1) parking space for ing establishments and each 300 square feet of collection stations. floor area. 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 for and rentals. each 500 square feet of floor area. 1 . Offices. 1. Where permitted One (1) parking space for except CB-2. each 200 square feet of floor area. a.oz8 103 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 pro- vided; however, there shall not be less than five (5) spaces. n. Personal service Where permitted Two (2) parking spaces for businesses - beauty for each barber or beauty parlors, barber shops. parlor chair. o. Personal service Where permitted One (1) parking space for businesses (other each 150 square feet of than listed) . floor area. p. Rental agencies - Where permitted One (1) space for each 500 equipment and supplies square feet of interior and exterior storage area for rental supplies and equip- ment. q. Restaurants and estab- Where permitted One (1) parking space for lishments dispensing each 150 square feet of food or beverage for floor area, or parking consumption on the spaces equal in number to premises. one-third (1/3) the occupant load of the seating area, whichever is less. r. Restaurants - drive- Where permitted One (1) parking space for in or carry out, each 50 square feet of floor area, but not less than 5 spaces. s. Retail stores and Where permitted One (1) parking space for shops (other than each 200 square feet of listed) . retail floor area. t. Studios and stations - Where permitted One (1) parking space for radio and television, each 400 square feet of floor area. (3) Industrial uses. a. Contractor and con- Where permitted The sum total of parking struction establish- spaces shall be determined ments and yards. on the basis of the parking spaces required for uses individually such as office area and warehouse space. 0.202 9 104 b. Junk yards. Where permitted The sum total of parking spaces shall be determined on the basis of the parking spaces required for uses individually such as office area and garage space. c. Laboratories - Where permitted One (1) space for each 600 research, develop- square feet of floor area. ment and testing. d. Manufacturing or Where permitted One (1) parking space for establishments engaged each 600 square feet of in production, proces- area. ing, 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 square feet of cartage, express and floor area. parcel delivery. f. Printing and publish- Where permitted One (1) parking space for ing establishments. each 300 square feet of floor area. g. Warehouses. Where permitted According to the following table: Sq. ft. of gross Number of 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 above 25,000 square feet. (4) Institutional uses. a. Civic, cultural Where permitted One (1) parking space for and historical each 800 square feet of institutions. floor area used or intended to be used by the public. 0230 105 b. Homes - children 's Where permitted For group care facilities aged, convalescent, and children's homes, one rest and nursing (1) parking space for each homes and group care staff member determined by facilities. 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 for private instruction, 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. c. Establishments or enter- prises of a recreational or an entertainment nature (for uses not otherwise listed) : 106 1. Spectator type - Where permitted Parking spaces equal in auditoriums, sports number to one-fourth (1/4) arenas, theaters, the occupant load of the stadiums, and meet- seating area. ing halls. 2. Participating type Where permitted Parking spaces equal in - skating rinks, number to two-thirds (2/3) dance halls, tennis the occupant load of the courts, swimming area used for the partici- pools, archery patory sport or activity. ranges, gymnasiums, pool halls. d. Golf course. Where permitted Three (3) parking spaces for each green (hole) . e. Golf driving range. Where permitted One (1) parking space for each tee, if provided, 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 square feet of floor area. g. Religious institu- Where permitted Parking spaces equal in tions. number to one-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. (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 a3-Z 107 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 and stacking spaces, drives and aisle shall be constructed of asphalt, concrete or similar permanent dust free surface. (2) Design. Except for single family dwellings (including zero lot line and townhouse units) and duplexes, parking and stacking spaces, aisles and drives shall be designated 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 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. c.7.3 3 7522° 1 1 1 .Zr.. = '-Id 61 ;,='1911 1 ,it, IE~ a i I— I;^ • n 16) • .----€ t 1 i ', Pb r ^ :1 gan77 9 V3;`77 6 1 1 1 431 31;07 ,�1 31:117 ; i # ,.ems\ bi ,6 ,IE Ci:- 'si 12 I ..c • /\y 1 1 , -{ ` 1 1 k ; ; CO? .11 971'`7 -?6"'-'•,6`... as 7 i i ^. 6�- .I01. ,0. i t5,011 . .ci I 1 I I , a / 61 3151V ,21 31;17 L I I J\ /� j �� l ,fwr ,_•>\. \6/ „�S•?i t / csfr• • I 1 1 1I I I II I ^ II I I 921177 +:5;t;h�,t,;l++�fi1+- 43207 L I--.821-1.9,214-4.9.7.1-j ,01 319111t PI wSSI . 1 1...e..,./ 7 4‘ I I i 1 %-4, 1 : , 3arrj7I�,---7oil-.4-770 --11•-,°11�j as i gl -.L-gl :_431 I 1 4 c: �--,51'• 31SM ,o' ..-•61 375.1` ,91_ ....r...._a;1 I •6 i t :+ I 1 I , .2 . i I i .6 IIS_'......+ .:. I I I b 1 • 1 I ,1...1......1.7::::. I 1 1 1j 11VAY4 V7 . I I y Orr, ..- b I 1- ,bl --a-1-s-6I + a2n7 -6— >? ,f2—67.---,a—•- 9-5.r.0 I rt A , a—►5 t7tdf\ 1.7ddkOO Sa'1D1rat\ QavaNdty SNOl9N W U GNB! SNOILVW137t"02 '7NN2Vei Ing tjiiiiiii I- rfr d ...... ai: .... ;T...i '-ri.:77) €:7:vrt.) c. Plnilkit =We t 36i.:H =1 I o23,5 108 d. The greatest aisle width shown in Figure 1 shall be provided when combining different parking space configurations on the same aisle. e. 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 (including zero lot line and townhouse units) and duplexes, 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. If the number of parking spaces required or provided for a use or a combination of uses on a lot is greater than eight (8) spaces, none of those spaces may be located in such a manner that would require backing into an alley. h. Parking spaces along lot lines and alleys shall be provided with car stops or curbing so no park of a parked vehicle can extend beyond the lot line or into the alley. In addition, traffic islands of pervious or impervious material shall be located so that parking spaces are separated from drives and alleys in a manner similar to that illustrated below: 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 visibly 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 so 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 . a36 109 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. Except for single family dwellings (including zero lot line and townhouse units) and duplexes, no parking space shall be located closer than five (5) feet to a ground floor doorway or a window of a dwelling unit. 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 constructed 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, 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. a31 110 (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 shall 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 covenant running with the land. (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 facil- ity, 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 parking and stacking spaces, aisles and drives, on a lot separate from the use 0Z 37 111 served in terms of pedestrian and vehicular traffic safety and any detrimental effects such off-streets 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) . (4) The Board of Adjustment may grant a special exception to modify the screening requirements when a parking area requires screening as provided in subparagraphs (1) and (2) above, when neither the lot on which the parking area is located and the lot abutting or across the street are zoned RS. The special exception shall be subject to all the requirements of Section 36-91(g) and may only be granted when the applicant can demonstrate that modification of screening requirements would better serve the public interest than would strict compliance with said requirements. Public interest may include , but is not limited to reasons of public safety or aesthetics. In no case shall a special exception be granted to modify the screening requirements for a lot abutting or across the street from a lot in an RS zone. (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 con- structed 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. (3) Signs. Appropriate signs, including stop signs posted at the exits to streets, shall be provided. 0Z3 ? 112 (g) Special vehicle parking and storage. In an R zone certain vehicles because of special characteristics shall comply with the following require- ments: (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 provide 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 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. ado 113 Sec. 36-59. Off-street loading requirements. Except in the CB-10 Zone, off-street loading spaces shall be provided 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 establishment, 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 Minimum Required Number Gross 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 otherwise 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. &V/ 115 Sec. 36-60. Sign regulations. (a) Intent. It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the community, to protect property values and to promote the preservation of Iowa City's areas of natural , historic and scenic beauty. It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide for a reasonable opportunity for all sign users to display signs for identification without interference from other signage, to provide for fair and equitable treatment of all sign users, and to establish a reasonable period of time for the elimination of nonconforming signs. (b) General rules and applicability. (1) No sign on private property shall be erected or changed in any manner without compliance with the regulations stated herein. Routine maintenance shall not be subject to this Chapter. (2) These regulations are intended to be exclusionary and any sign not specifically listed shall be prohibited. (3) These regulations are structured within the two general catego- ries of temporary and permanent signs. Temporary signs are governed by the provisions of Section 36-62(a)(1)f. Permanent signs may be either off-premises or on-premises signs. Off-premises signs are governed by the provisions of Section 36-62(a) (2)j. All on-premises signs are governed by the regulations of the zone in which they are located. (4) In all zones a maximum sign allowance is permitted for all permanent signs placed on a building. Any quantity or type of building sign may be erected within this maximum allowance and according to the specific requirements of the zone in which the building is located. The building sign allowance shall relate to the wall on which a sign is to be placed and shall be determined by calculating a percentage of the total square footage of the sign wall , as specified in the zone. In the case of two or more uses or occupants in a single building, the total building signage on a wall for all the uses shall not exceed the maximum building sign allowance for that wall . Free-standing signs, monument signs, or any other signs not mounted on a building are not included in this maximum building sign allowance and are governed by the specific requirements of the zone. (5) In any case in which the Code of Iowa is more restrictive than the regulations contained herein, the Code of Iowa shall be applied. a1/3 114 (2) In R or 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. aV.2. 116 Sec. 36-61. Definitions. The following definitions shall be applicable to the provisions- of the sign regulations. The definitions contained in Section 36-4 of this Chapter shall apply to all terms not herein defined: (a) (1) Advertising sign. A sign that displays the type or name of a product, good or service sold either on or off the premises on which the sign is located. (2) Animated sign. Any sign or part of a sign that moves or has in- termittent lighting. (3) Awning sign. A building sign placed on the surface of an awning. (b) (1) Balloon. An inflatable bag filled with gas and displayed in such a way as to attract attention to the premises on which it is located. (2) Banner. A strip of flexible material such as cloth, paper or plastic securely fastened on all corners to a building or a structure and used to advertise a special event. (3) Billboard. An off-premises sign on which poster panels or bulle- tins are mounted. Billboard signs are not free-standing signs or monument signs. (4) Building sign. Any sign which is in any way attached to a building or to an appurtenance of a building. (c) (1) Canopy sign. A building sign attached to or in any way incorpo- rated with the face or underside of a canopy, marquee, or any other similar building projection, and which does not extend beyond the projection by more than six (6) inches. (2) Changeable copy sign. A sign, such as a reader board, which has components which are easily changeable by physical and not electronic methods. (3) Common sign. A sign which serves two (2) or more uses. (4) Construction sign. A temporary sign identifying the architects, engineers, contractors and other individuals involved in the con- struction of a building and/or announcing the future use of the building. (d) (1) Development sign. A monument sign designating the name of a sub- division or large scale development. (2) Directional sign. A sign designed to guide or direct pedestrian or vehicular traffic and containing no advertising message. (3) Directory sign. A sign displaying the name of a building , building complex and/or the occupants. a7� 117 (4) Drive-thru restaurant menu sign. A sign displaying a menu or similar advertising for the purpose of allowing patrons of a restaurant to order food at a drive-thru facility. (e) (1) Electronic sign. A sign on which a changing message is displayed through the use of an electronically controlled and illuminated medium. An electronic sign is considered to be an animated sign. (f) (1) Facia sign. A single-faced building sign which is 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 from vertical walls nor more than one (1) foot out at the signs closest point from nonvertical walls. (2) Filling station signs. Signage which generally appears as an integral part of the equipment accessory to automotive service stations and other establishments engaged in the dispensing of motor vehicle fuel or oil , including but not limited to gasoline pumps, oil display racks, and portable tire racks. (3) Flag, private. A private flag is any flag displaying the name, insignia, logo or emblem of an individual or a profit-making entity. (4) Flag, public. A public flag is any flag displaying the name, insignia, emblem or logo of the United States, the State of Iowa, the City, or a non-profit organization or institution. (5) Free standing sign. A sign which is supported by one or more up-rights or braces which are firmly and permanently anchored in or on the ground, and which is not attached to any building or wall . (g) (1) Grand opening sign. See "Special event sign." (2) Going-out-of-business sign. A sign announcing a sale resulting from the termination of a business on the premises. (h) (1) Hazardous sign. A sign which, because of its construction or state of disrepair may fall or cause possible injury to pas- sers-by, as determined by the City; a sign which because of its location, color, illumination, or animation, interferes with, obstructs the view of, or is confused with any authorized traffic sign, signal , or device; or a sign which makes use of the words "stop," "go slow," "caution," "drive in," "danger," or any other word, phrase, symbol , or character in such a way as to interfere with, mislead, or confuse traffic. (i) (1) Identification sign. A sign displaying the name, address, crest, insignia or trademark, occupation or profession of an occupant of a building or the name of any building on the premises. (2) Illuminated sign. Any sign in which a source of light is used to make the message readable. An illuminated sign need not be an electronic sign. ads 118 (3) Institutional sign. A sign which displays the name of a religious institution, school , library, community center, civic, cultural or historic institution, nursing home, hospital or similar institu- tion and the announcement of its services or activities. (4) Integral sign. A sign carved into stone, concrete or other building material , or made of bronze, aluminum or other permanent type of construction and made a part of the building to which it is attached. (j) Reserved. (k) Reserved. (1) Reserved. (m) (1) Marquee sign. See "Canopy Sign." (2) Monument sign. A sign which is integral to its base and is firmly anchored to the ground. (n) (1) Non-conforming sign. A sign other than a prohibited sign, that does not comply with the regulations of the zone in which it is located by reason of these or any other regulations adopted after the erection of the sign. (o) (1) Obsolete sign. A sign that advertises an activity, business, product, or service no longer conducted. (2) Off-premises sign. A sign which directs attention to a use conducted off the lot on which the sign is located. (3) On-premises sign. A sign which has the primary purpose of identi- fying or directing attention to the lot on which the sign is located. (p) (1) Painted sign. A sign painted directly on an exterior surface of a building other than the windows. (2) Parapet sign. A facia sign erected on a parapet or a parapet wall . (3) Permitted sign. A sign which is allowed in the zone in which it is listed, subject to compliance with the requirements of the sign regulations. (4) Portable sign. A sign that is not firmly and permanently anchored or secured to either a building or the ground and is not expressly permitted under these regulations as a temporary sign. (5) Political sign. A temporary sign announcing candidates seeking public office, a political issue, or a sign containing other election information, such as "vote today." Political signs shall not be construed to be off-premises signs. a1/4 119 (6) Poster. A temporary sign on a card or sheet of paper, plastic or other similar material intended to advertise or publicize a product or event. (7) Prohibited sign. A sign, other than a non-conforming sign, not permitted by this Chapter. (8) Projecting sign. A building sign which extends more than one (1) foot out from the wall of the building on which it is mounted. (9) Provisional sign. A sign which is permitted in a zone under certain circumstances. (10) Public art. Any work of art exposed to public view from any street right-of-way which does not contain any advertising, com- mercial symbolism such as logos and trade marks, or any represen- tation of a product. (11) Public sign. A sign of a non-commercial nature and in the public interest erected by or upon the order or authorization of the City or other public agency. Such signs include but are not limited to safety signs, zoning signs, memorial plaques, signs for structures or sites of historical interest and all similar signs. (q) Reserved. (r) (1) Real estate sign. A temporary sign which advertises the sale, rental , or lease of the premises or part of the premises on which the sign is located, including open house directional signs. (2) Roof sign. A sign erected upon or above a roof of a building and affixed to the roof. (s) (1) Seasonal decoration. A display, which does not constitute a sign, pertaining to recognized national , state, or local holidays and observances. (2) Sign. Any structure or medium, including its component parts, which is visible to the public from a street or public right-of-way, and which is used or intended to be used to direct attention to a business, product, service, subject, idea, prem- ises, or thing. Signs shall not include buildings or landscaping. The term sign includes, but is not limited to, all reading matter, letters, numerals, pictorial representations, emblems, trademarks, inscriptions, and patterns, whether affixed to a building or separate from a building. Public art, seasonal decorations, and directional symbols on paved surfaces are not included in this definition. (3) Sign face. The surface of the sign upon which is affixed reading material , letters, numerals, pictorial representations, emblems, trademarks , inscriptions and/or patterns. a417 120 (4) Sign wall . The wall of a building upon which a sign is mounted including elements of the wall or any member or group of members which define 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. (5) Special events sign. A sign announcing grand openings, the Parade of Homes, philanthropic events, events of non-profit organizations, or events of civic interest. (6) Spinner. A device shaped in a form similar to a propeller and designed to rotate in the wind to attract attention to the premises on which it is located. (7) Swinging sign. A sign which, because of its design, construction, suspension or attachment is free to swing or move noticeably because of pressure from the wind. (t) (1) Temporary sign. A sign intended for a period of display of not more than 30 days, which shall be removed upon completion of the activity or project denoted by the sign. Such signs may be erected in addition to signs otherwise permitted. (2) Time and temperature sign. An identification sign which shows the time and/or temperature. (u) (1) Use. For the purpose of the sign regulations, use shall mean a principal use as defined in this chapter. (v) Reserved. (w) (1) Window sign. A building sign permanently affixed to a window, embedded in a window or hanging adjacent to a window and obviously intended to be viewed through the window by the public. Merchan- dise or product displays, posters, signs painted on windows and temporary signs are not included in this definition. (x) Reserved. (y) (1) Yard sale sign. A temporary sign advertising a yard sale or a garage sale. (z) Reserved. Sec. 36-62. Permitted signs. (a) Signs permitted in all zones. The signs listed below shall be regulated as described below. (1) Signs not requiring a permit. The following signs may be erected in addition to the signage permitted in each zone without obtaining a permit. These signs shall not be applied toward the maximum sign allowance specified in the zones, except as otherwise indicated in this subsection. 121 • a. Construction signs. Non-illuminated construction signs not to exceed a total of 64 square feet or 32 square feet per sign face shall be permitted for each lot. Such signs shall not exceed a height of five (5) feet in residential zones or 10 feet in other zones nor be closer than five (5) feet to any property line unless located on the wall of a building, fence, or protective barricade surrounding the construction. Construction signs shall be removed prior to the issuance of the Certificate of Occupancy. b. Filling station signs. I c. Identification signs not exceeding two (2) square feet in area. d. Informational window signs. Window signs displaying informa- tion about the operation of the business, including but not limited to days and hours of operation, telephone number and credit cards or bank cards accepted. Such signs shall not exceed a maximum area of two (2) square feet. e. Public flags and one (1) private flag displayed in conjunc- tion with public flags. f. Public signs. g. Real estate signs. One (1) non-illuminated real estate sign not to exceed eight (8) square feet or four (4) square feet per sign face in residential zones, or 64 square feet (32 square feet per sign face) in other zones, shall be permit- ted on each lot. Such signs shall not exceed a height of five (5) feet in residential zones or 10 feet in other zones nor be closer than five (5) feet to any property line unless located on the wall of a building or fence. Such signs shall be removed within 48 hours after the sale of the property. h. Temporary signs. The signs listed are temporary signs, the use of which is limited to a maximum of 30 days, and are subject only to the regulations listed below: 1. Political signs. Political signs shall be subject to the following requirements: i. In residential zones, non-illuminated political signs none of which may exceed twelve (12) square feet in area, may be displayed on each premises. Such signs shall not be erected earlier than 30 days prior to the date of the election for the candidate or issue indicated on the sign and all such signs shall be removed no later than seven (7) days after the election date. ii . In other zones, political signs shall conform to the applicable regulations for permitted signs in the zone. a9 122 2. Posters and other non-permanent signs in windows. 3. Yard sale signs. (2) Signs requiring a permit. The following signs may be erected and shall comply with the requirements of Sec. 36-64(b) . These signs shall be applied toward the maximum signage allowance specified in each zone, except as otherwise indicated in this subsection. a. Changeable copy signs. Such signs shall be erected in accordance with the dimensional requirements of the zone in which the sign is located. b. Development signs. One (1) development sign not to exceed a total of 64 square feet or 32 square feet per sign face shall be permitted at each street entrance to a subdivision or large scale development. c. Directional signs. Such signs shall not exceed a total of four (4) square feet or two (2) square feet per face in R zones, or a total of six (6) square feet or three (3) square feet per face in all other zones. d. Directory signs. e. Drive-thru restaurant menu signs. The total square footage of these signs may not exceed ten square feet and shall be in addition to the signs permitted in the zone and shall not be applied toward the maximum signage allowance. f. Going-out-of-business signs. These signs shall be non-illu- minated and not exceed 100 square feet. A going out of business sign may be displayed for up to 60 days. The sign permit shall be automatically renewed with the renewal of a going out of business license so long as the total time period in which the sign is displayed does not exceed 90 days. The use of going out of business signs is restricted to one (1) time in a 12 month period for a single business. Going-out-of-business signs shall not be applied towards the maximum signage allowance specified in each zone. g. Institutional signs. One (1) institutional sign, not to exceed a total of 48 square feet or 24 square feet per sign face shall be permitted for each institution. No such sign shall exceed a height of five (5) feet above grade. h. Integral signs. Such signs existing prior to the adoption of these regulations shall not be applied toward the maximum sign allowance of the building to which they are attached . i . Large scale real estate signs. One (1) non-illuminated • monument real estate sign not to exceed a total of 64 square feet or 32 square feet per sign face shall be permitted per subdivision or development of greater than two (2) acres in cZSQ 123 size. Such signs shall not exceed a height of 10 feet and shall be removed upon the sale or lease of 50 percent of the lots or units in the subdivision or development. These signs shall not be applied toward the maximum signage allow- ance specified in each zone. Large scale real estate signs shall not be considered off-premises signs. j. Off-premises signs. 1. Off-premises signs shall not be permitted in residen- tial , CO-1, CN-1, CB-10 and ORP zones. In the CB-2 zone, only off-premises facia signs shall be allowed. Off-premises signs may be billboard signs or any other type of sign allowed in the zone in which the sign is located. 2. Not more than one (1) off-premises sign may be erected or maintained per lot. Two or more uses may erect a common off-premises directional sign. No off-premises sign shall be located closer than 300 feet to another off-premises sign. 3. No off-premises sign shall be located within 120 feet of a residential zone, a public park, public or parochial school , religious institution, cemetery, public museum, or the administrative or judicial offices of city, county, state or federal governments. 4. An off-premises sign shall be permitted in addition to the on-premises signage permitted on a lot. The area of the off-premises sign shall be deducted from the total sign area allowed for the same type of on-premises signage. 5. Off-premises billboard signs shall not exceed a height of 25 feet. 6. Off-premises billboard signs shall be permitted an area of 144 square feet or 72 square feet per sign face. Billboard signs shall not be applied toward the maximum signage allowance permitted on a lot. 7. Off-premises signs shall comply with all other sign re- quirements of the zone in which they are located. k. Special events signs. One (1) non-illuminated sign not to exceed 100 square feet is permitted on a lot. The use of a special events sign is restricted to no more than four (4) times in a 12 month period and for a single duration of no more than 30 days. Special events signs may include banners, but shall not include any sign prohibited by these regula- tions, Section 36-62(b) . Special events signs shall not be applied toward the maximum signage allowance specified in each zone. 02 5/ 124 (b) Prohibited signs. The following signs are specifically prohibited in all zones : • (1) Animated signs, excluding barber pole signs that do not exceed three (3) feet in height and nine (9) inches in diameter and excluding time and temperature signs. (2) Balloons. (3) Hazardous signs. (4) Obsolete signs. (5) Portable signs including signs on wheels, trailers and truck beds and excluding those temporary signs expressly permitted herein. (6) Roof signs. (7) Search lights. (8) Spinners or other similar devices. (9) Swinging signs. (c) Signs permitted by zone. (1) ID, R and OPDH zone regulations. a. Permitted signs. 1. Principal uses other than single family dwellings and duplexes shall be permitted one identification facia or monument sign. 2. Nonresidential uses in the ID-ORP zone, other than ORP uses, shall be required to comply with the sign regula- tions of the CO-1 and CN-1 zones. 3. Residential uses in the OPDH zone shall be permitted signage in accordance with the requirements of the un- derlying zone. Commercial uses approved as part of a planned development shall comply with the signage requirements of the CO-1 and CN-1 zones. 4. ORP uses in an ID-ORP zone shall be permitted signage in accordance with the requirements of the ORP zone. b. Provisional signs. 1. Home occupations allowed in accordance with Section 36-56(b) (4) shall be permitted one (1) nonilluminated facia sign not to exceed one (1) square foot. asp 125 c. Dimensional requirements. 1. Sign: Facia (in ID-RS, RR-1 , RS-5, RS-8, RMH and RS-12) . Maximum Area: 4 sq. ft. Maximum Height: Top of first story. 2. Sign: Facia (in ID-RM, RM-12, RM-20, RNC-20, R4-44 and RM-145 zones) . Maximum Area: 12 sq. ft. Maximum Height: Top of first story. 3. Sign: Monument (in ID-RS, RR-1, RS-5, RS-8, RMH and RS-12) . Maximum Area: 24 sq. ft. , or 12 sq. ft. per sign face. Maximum Height: Five (5) feet. 4. Sign: Monument (in ID-RM, R4-12, RM-20, RNC-20, RM-44 and RM-145 zones) . Maximum Area: 48 sq. ft., or 24 sq. ft. per sign face. Maximum Height: Five (5) feet. (2) CO-1 and CN-1 zone regulations a. Permitted signs. 1. Signage for residential uses shall comply with the re- quirements for residential uses in the RM zones (Sec. 36-62(c) (1)c. 2. Facia signs. 3. Canopy signs. 4. Monument signs. 5. Awning signs. 6. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. Said sign shall not exceed the lessor of two (2) square feet per lineal foot of lot frontage or 100 square feet (50 square feet per sign face) . 2. Barber pole signs provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per face, do not project more than six (6) feet into the public right-of-way, and are not less than 10 feet above grade. 0253 ' 126 c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be mounted. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Canopy. Maximum Area: Eight (8) square feet. Maximum Height: Top of first story. c. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. d. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. e. Sign: Monument. Maximum Area: Two (2) square feet per foot of lot frontage, not to exceed a total of 100 square feet or 50 square feet per sign face. Maximum Height: Five (5) feet. (3) CH-1, CC-2 and CI-1 zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36-62(c) (1)c) . 2. Facia signs. 3. Only one (1) of the following types of signs: i . Monument sign. ii . Free-standing sign. 4. Canopy signs. 5. Awning signs. 6. Window signs. a se/ 127 b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument or free-standing sign may be erected. The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed. 2. Two free-standing or monument signs are permitted provided that the distance between the two signs is no less than 150 feet as measured along the frontage of a single lot. 3. In the CC-2 zone, barber pole signs are permitted provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 4. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into the public right-of-way, and are not less than 10 feet above grade. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is located. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign: Free-standing. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 250 square feet or 125 square feet per sign face. Maximum Height: 25 feet. d. Sign: Canopy. Maximum Area: 12 square feet. Maximum Height: Top of first story. e. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. 0255 128 f. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. (4) CB-2 zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36-62(c) (1)c) . 2. Facia signs. 3. Only one (1) of the following signs: (i) Monument sign. (ii) Free-standing sign. 4. Canopy signs. 5. Awning signs. 6. Window signs. b. Provisional signs. 1. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into the public right-of-way, and are not less than 10 feet above grade. 2. Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. The maximum area of the common sign may be 50 percent larger than the area of the maximum individual sign allowed. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be located. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. ash 129 b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign: Free-standing. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: 25 feet. d. Sign: Canopy. Maximum Area: 12 square feet. Maximum Height: Top of first story. e. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. f. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. (5) CB-10 zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36-62(c) (1)c) . 2. Facia signs. 3. Canopy signs. 4. Awning signs. 5. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. The area of such sign shall not exceed a total of 24 square feet or 12 square feet per sign face. 2. Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into the public right-of-way, and are not less than ten (10) feet above grade. °ZS7 130 c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is located. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sion: Canopy. Maximum Area: 12 square feet. Maximum Height: Top of first story. c. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. d. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. (6) I-1, I-2 and ORP zone regulations. a. Permitted signs. 1. Facia signs. 2. Only one (1) of the following signs: a. Identification monument sign. b. Identification free-standing sign. 3. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument or free-standing sign may be erected. The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed. 2. In the I-1 and I-2 zones, two free-standing or monument signs are permitted provided that the distance between the two signs is no less than 150 feet as measured along the frontage of a single lot. 02 5 131 c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be located. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 150 square feet or 125 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign Free-standing. Maximum Area: One (1) square foot per lineal foot of lot frontage not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: 25 feet. d. Sign: Window. Maximum Area: 25% of the area of the window where it is mounted. Maximum Height: None. Sec. 36-63. Additional Regulations (a) Dimensional requirements. (1) Maximum sign area. For free-standing and monument signs, the individual signage allowance includes the total area of all sign faces associated with that sign and no sign face shall exceed one-half of the allowed sign area. For building signs, the maximum building sign area shall represent the total area of all building signs added together. The building sign area may be divided up among any of the building signs permitted in the zone in which the use is located, provided that each individual sign does not exceed the maximum size limits established for that zone. The maximum number of signs and the maximum sign areas, as provided herein, shall be applied on a per lot basis. (2) Sign wall area. Where size of a sign is regulated by the sign wall area, the sign wall area shall be the total area of the wall on which the sign is to be mounted. (3) Sign area determination. The area of each sign, regardless of shape, shall be computed by determining the area of a triangle, rectangle or circle which completely encloses the outer perime- ter of the sign face, or which completely encloses the whole 0Z 5? 132 group of characters or words in the case of a sign composed of characters or words attached directly to a building or an appur- tenance to a building. When multiple sign faces are attached to a single sign support and face the same direction, the faces and any area between them shall be viewed as one sign face and shall be measured from the extremities of the sign face. (4) Sign height determination. The maximum height of a sign shall be the measurement from grade to the highest point on the sign. In the case where a minimum height is established , the minimum height shall be measured from grade to the lowest point on the sign. (5) Minimum sign height. A canopy sign or free-standing sign shall not be less than ten (10) feet above grade. (b) Locational requirements. (1) No billboard, canopy, free-standing or monument sign or sign support shall be located within a triangular area at street intersections, where the triangle is measured from the intersec- tion of curb lines and its sides are 70 feet in length along arterial streets, 50 feet in length along collector streets, and 30 feet in length along local streets, except that signs may project into this area at 10 or more feet above grade. (2) No part of a billboard, canopy, free-standing or monument sign or sign support shall be located within five (5) feet of any lot line except that signs may be closer than five (5) feet at ten feet or more above grade, provided that no part of the sign or sign support overhangs any property lines. (3) No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a stand pipe or fire escape. (4) Building signs may be located on any building wall . However, no single sign wall may be covered by more than 15%. (c) Requirements for signs adjacent to residential zones. (1) Signage and area requirements of the CO-1 and CN-1 zones shall apply to signs which are within 100 feet of a residential zone. (2) Except for facia signs, no sign shall be located in a required front yard within 50 feet of a residential zone. (3) Facia signs located within 50 feet of a residential zone on the same side of the street shall not be placed on the wall of the building facing the residential zone. (d) Requirements for illuminated signs. Illuminated signs shall conform to the following requirements : a6o 133 (1) Except for signs in the ID and residential zones and special event signs, all permitted signs may be internally or externally illuminated. Those signs permitted in the ID and residential zones and special event signs may only be externally illuminated with white light. (2) Illumination through the use of exposed lamps and/or inert gas tubes shall be allowed provided the 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. (3) Artificial light sources used to illuminate a sign face shall not be visible from any street right-of-way. (4) Illuminated signs shall comply with the provisions of Section 36-64(d) . (e) Construction. All signs except those temporary signs enumerated in Sec. 36-62(a) (1) (f) shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and loads as required by the Building Code. (f) Maintenance. All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. (g) Removal . In accordance with the following procedure, the Building Official or his/her designee shall be authorized to require the removal of any illegal or prohibited sign. (1) Before taking action to require the removal of any illegal or prohibited sign, the Building Official or his/her designee shall provide written notice to the owner or operator of the business to which the sign relates. (2) The notice shall specify that the illegal or prohibited sign shall be removed or brought into compliance with this section within a reasonable time of such notice. (3) If the sign is not removed or repaired, as the case may be, within the time allowed , the Building Official or his/her designee is hereby authorized to have the sign removed to be used as evidence and assess the costs of removal against the property for collection in the same manner as a property tax. (h) Nonconforming Signs. It is the intent of these regulations that all nonconforming signs be eliminated as set forth below. (1) All signs which are or become non-conforming by adoption of these regulations shall be permitted to remain as non-conforming signs. (2) Owners of nonconforming signs shall be required to comply with the maintenance provisions of Sec. 36-63(f) . Any change or alteration to a non-conforming sign shall require compliance with the provisions of this Chapter. 134 (i) Special sign provisions. The following signs shall be regulated in accordance with the following criteria: (1) Signs for nonconforming uses. 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 use is allowed. (2) Historic signs, signs for historic structures and signs on structures in historic zones. The Board of Adjustment may, by special exception, allow signs which do not conform to the provisions of this Chapter under the circumstances described below. All applications for special exceptions hereunder shall be referred to the Historic Preservation Commission for review and comment and shall be subject to the specific standards listed below and to the general standards of Section 36-91(g) (2) . a. For buildings registered on the National Register of Historic Places or in an OHP zone, signage which does not conform with the provisions of this Chapter may be allowed if it is in keeping with the architectural character of the structure, and is appropriate to a particular period in the building's history or an integral part of its identity. b. The Board may exempt an existing sign from the provisions of Sec. 36-63(h)(1) if it can be demonstrated that said sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is located, subject to compliance with the maintenance requirements of Sec. 36-63(f) . (3) Existing non-public signs located on or over public property. Such signs shall be regulated in accordance with Chapter 31 of the Iowa City Code of Ordinances. Any signs on or over the City Plaza shall be regulated by Chapter 9.1 of the Iowa City Code of Ordinances. o2 6.2 135' Sec. 36-64. License and permit requirements. (a) License required. (1) Except for those signs not requiring a permit, as listed in Section 36-62(a) (1) , it shall be unlawful for any person to erect, alter, move, improve, remove or convert any sign without having a sign erector's license in good standing issued by the City. A one-time sign erector's license shall be available to a tenant or owner of a building to permit such person to install his/her own sign. (2) The license to erect, alter, move, improve, remove or convert any sign as required herein shall be known as a sign erector's license and shall be issued by the City 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 a license fee as established by resolution of City Council ; and shall have filed with the Department of Housing and Inspec- tion Services a copy or a certificate of a contractor's public liability insurance policy with coverage limits of $100,000.00 per person and $300,000.00 per occurrence for bodily injury and $25,000.00 for property damage liability. The City of Iowa City shall be designated as an additional insured and the policy shall provide that the City is to be notified 30 days in advance of the termination of the policy. The licensee 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. (3) A sign erector's license shall be valid for one (1) year from the date of issuance. A one-time sign erector's license shall be valid for 30 days from the date of issuance. The license fees are set by resolution of the City Council. (4) The Building Official 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 a violation of the sign regulations or if the license was obtained by fraud, or if the licensee allows any person not in his/her employ without a valid erector's license to do or cause to be done any work requiring a license. A person aggrieved by the revocation, suspension or denial of a license may appeal said action to the Board of Adjustment. (5) If a license is revoked for any reason, another erector's license shall not be issued to such person for twelve (12) months after revocation. (b) Permit required. (1) No sign requiring a permit shall be erected, altered, moved, improved, or converted without first obtaining a sign permit from the Building Official or his/her designee and making a413 136 payment of the required permit fee. In addition, all illumi- nated signs shall be subject to the provisions of the Electrical Code and the permit fees required thereunder. (2) A separate permit shall be obtained for each sign. (3) 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. (c) Permit fees. Every applicant, before being issued a sign permit shall pay to the City such fee as shall be established by resolution of the City Council . However, any person found to be erecting, altering, moving, improving, or converting any sign prior to the issuance of a permit, or who has erected, altered, moved, improved, or converted a sign prior to the issuance of a permit, shall be charged double the normal fee. The payment of such double fee shall not relieve any person from fully complying with the requirements of these regulations in the execution of the work, nor from any other penalties prescribed herein. (d) Permits for illuminated signs. The application for a sign permit in which electrical wiring and connections are to be used shall be submitted prior to issuance of the sign permit. The Building Official or his/her designee shall examine the plans and specifica- tions for all wiring and connections to determine if they comply with the Electrical Code. (e) Applications. Application for a sign permit shall be made upon a form provided by the Building Official or his/her designee and shall contain and have attached thereto a plot plan with the following information: (1) Name, address, telephone number, and sign erector's license number of the applicant. (2) Location of the sign and of the building, structure, or lot on which the sign is to be attached or erected. (3) Two (2) blueprints or drawings of the plans and specifications of the sign with dimensions, notation of materials, the type of construction, and method of attachment to the ground or build- ing. (4) Copy of stress sheets and calculations showing the structure is designed in accordance with the Uniform Building Code. (5) An application for an electrical permit required for an illumi- nated sign. (6) Such other information as may be required. (f) Permit issued. It shall be the duty of the Building Official or his/her designee, upon the filing of an application for a sign permit, to examine such application; and if the proposed sign is in OW/ 137 compliance with the requirements of these regulations and all other laws and ordinances of the City, the sign permit shall then be issueed. (g) Permit expiration. If the work authorized under a sign permit has not been completed within six (6) months after date of issuance, said permit shall become null and void. ass 138 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. 139 (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 zones. (4) No electric fence shall carry a charge greater than 25 milliamperes nor a pulsating current longer than one-tenth (1/10) second in a one (1) second cycle. All electric fence charges shall carry the seal of an approved testing laboratory. (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 36-64 are essentially the same as existed in the Zoning Ordinance prior to the adoption of this Chapter. a47 140 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 require- ments, 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 zones, 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 required, 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. 024 141 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, accessory. Accessory buildings may be located in any yard except the front yard, provided they shall comply with the requirements of Sec. 36-57. (b) Buildingfeatures. 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. 36-64. (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 (3-1/2) 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, trellises, fountains, sculptures, plant boxes, plants and trees and other similar ornamen- tal features may be located in any yard provided that: (1) At street intersections, no ornamental features 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 , balconies, decks and stoops which are uncovered, may extend into any yard provided that such projections shall not exceed into a front yard more than eight (8) feet. Stoops may extend into a side yard not more than two (2) feet. 0249 142 (k) Signs. Except as otherwise provided in Sec. 36-60, et seq. , 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 greater than five (5) feet more than 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. (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 would meet the conditions of Sec. 36-91. 27o 143 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 Johnson County/Iowa City Airport Zoning Ordinance. (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 essential services. h. Roof structures including elevator bulkheads, stairways, venti- lating 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 Johnson County/Iowa City Airport Zoning Ordinance. Sec. 36-71. Reserved. 02 // 144 DIVISION 2. TREE REGULATIONS Sec. 36-72 General . (a) Purpose. The purpose of these regulations shall be to assure that trees are planted and/or preserved with the development or redevelopment of buildings and parking areas for other than single-family uses and with the establishment or conversion of uses, other than single-family uses, 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 shall be issued for the con- struction, reconstruction or structural alteration of a building and its parking area nor shall any use be established or converted nor shall a certifi- cate of occupancy be granted for a use without conformity with the provisions of the tree regulations. However, the following shall be exempt from these regulations: (1) Property in the CB-10 and ID zones. (2) Property developed in accordance with the yard requirements of the zone in such a manner that insufficient area is available to achieve compliance with the tree regulations; all trees which can be provided in compliance with the requirements of this Division shall be pro- vided. (3) Any individual lot occupied by a single family dwelling except for townhouses. Refer to Chapter 34 of the Iowa City Municipal Code for other regulations pertaining to vegetation. (c) Recommended Species of Trees. The varieties of trees permitted by this ordinance for the use indicated are specified in the "List of Recommended Trees for Iowa City" as updated and amended from time to time and available as a supplement to and made a part of the tree regulations. The "List of Recom- mended Trees for Iowa City" may be obtained from the office of the City Forester or the Department of Planning and Program Development. Trees not included on the "List of Recommended Trees for Iowa City" may be used to fulfill the requirements of this Division upon approval of the City Forester. (d) Installation. All tree plantings required by this section shall be installed prior to occupancy or commencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the Building Official may issue a temporary certificate of occupancy accompanied by a letter of violation and grant a delay of tree installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the property owner shall place in an escrow account, established with the City, an amount which shall cover the anticipated costs of plantings. a 7:2 145 (e) Planting Sizes. The following specifications shall be met at the time of planting: (1) Large Deciduous Trees. This type of tree shall have a minimum trunk diameter of 1.5 inches at a point six (6) inches above ground level , and demonstrate the growth capabilities, branch formation, and crown balance that is indigenous to the particular variety. The tree shall be straight of trunk with the main leader intact. (2) Small Deciduous Trees. This type of tree shall have a single stem and a minimum trunk diameter of 1.5 inches, and demonstrate the growth capabilities , branching formation and crown balance that is indigenous to the particular variety. The tree shall be straight of trunk with the main leader intact. (3) Coniferous Trees. This type of tree shall have a minimum height of 3 feet measured from the planted level to the top of the tree. The needle color and branching habits shall be normal for the species and the overall appearance shall be indicative of previous care in pruning and development. (f) 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; any trees on private property which overhang the public right-of-way shall be maintained in accordance with the provisions of Chapter 34 of the Iowa City Municipal Code. Maintenance of trees within street rights- of-way shall be the responsibility of the City. (g) General Provisions. (1) The distances required herein for the location of a tree shall mean the distance to the center of the tree. (2) Where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number. (3) Evergreen trees , required for screening purposes in accordance with the provisions of Sec. 36-76(j)-Screening and Sec. 36-58(e)-Off- street Parking Requirements , 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 above supplement, and are allowed to grow to their mature height. (4) References to "large" or "small" trees in subsequent paragraphs refer to the mature height as scheduled in the "List of Recommended Trees for Iowa City." (5) Existing trees may be used to comply with the requirements of the tree regulations. (h) 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 planting areas; (2) the mature height (small or large) , location and type (evergreen or deciduous) of existing and proposed tree plantings ; and 73 146 (3) the location of existing trees within the right-of-way. Sec. 36-73 Requirements. (a) Trees adjacent to and within street rights-of-way. The following provi- sions shall regulate the planting 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, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by more than ten (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 which cannot 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 which cannot be planted in conformity with the provisions of paragraph (3) may be omitted. d. If the required number of trees exist within the right-of-way, trees need not be planted adjacent to the right-of-way. Addi- tional 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. Large trees shall be planted at a minimum ratio of one tree for every 40 feet of lot frontage or for small trees, every 30 feet of lot frontage. In the case of a corner lot, only one (1) tree for every 60 feet of lot frontage shall be required. b. Trees shall be planted adjacent to street rights-of-way within fourteen (14) feet of the right-of-way line for large trees and within eight (8) feet of the right-of-way line for small trees but not closer than four (4) feet to a public sidewalk or the anticipated location of a future public sidewalk where one does not now exist. c. Small trees shall not be located closer than eight (8) feet to a building and large trees shall not be located closer than 14 feet to a building. d. Large trees shall be spaced no closer than 30 feet apart, or for small trees, no closer than 16 feet apart, except along streets where screening is appropriate or required. In the latter case, 0 7V 147 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. " e. Trees shall be located within planting areas and separated from parking areas pursuant to the requirements of paragraph (b) (2) . f. At street intersections, trees shall not be located within 70 feet of the intersection of curb lines along arterial streets, within 50 feet along collector streets, or within 30 feet of the intersection of curb lines along local streets. In cases where two different types of streets intersect, the location of the tree shall be determined by the type of street adjacent to the proposed tree. g. Trees shall be placed to avoid interference with the construc- tion, maintenance and operation of public and private utilities and services above or below ground as determined by the utility companies and the City Engineer. h. Any trees adjacent to street rights-of-way shall be maintained in accordance with the applicable provisions of Chapter 34 of the Iowa City Municipal Code. (3) Placement of trees within street rights-of-way. Trees shall be planted within the right-of-way only in those cases in which trees cannot be planted adjacent to the street right-of-way and shall meet the following conditions: a. A tree planting permit shall be obtained from the City Forester. b. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist. Trees shall not be located within five (5) feet of the curb. No trees shall be planted in the area between a curb and a sidewalk where the width of the area is less than nine (9) feet. c. At street intersections , trees shall not be located within 70 feet of the intersection of curb lines along arterial streets, within 50 feet along collector streets, or within 30 feet of the intersection of curb lines along local streets. In cases where two different types of streets intersect, the location of the tree shall be determined by the type of street adjacent to the proposed tree. d. 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 15 feet of the drive, aisle or the right-of-way line of the alley. e. Large trees shall be placed no closer than 30 feet apart or located closer than 14 feet to a building. Small trees shall be located no closer than 16 feet apart but may be located to within eight (8) feet of a building. 02 75 148 f. Trees shall be placed to avoid interference with the construc- tion, maintenance and operation of public and private utilities and services above or below ground as determined by the utility companies and the City Engineer. g. Any tree planted within the street right-of-way shall have a single trunk, with a minimum of four (4) feet from grade to the first branch at the time of planting, and shall conform to the requirements of Chapter 34 of the Iowa City Municipal Code. (b) Trees on private property for parking areas. The following provisions shall regulate the planting of trees for parking areas on private prop- erty: (1) Applicability. a. New parking areas. Whenever the total number of parking spaces required or provided on a lot exceeds 18 parking spaces, the re- quirements of this subsection shall be applicable. Screening of any parking area shall be provided as required in Sec. 36-58(e)-Off-street Parking Requirements, and may be used to satisfy the requirements of the tree regulations. b. Existing parking areas. This subsection 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 accommodate more than 18 parking spaces, the parking spaces in excess of 18 shall comply with the require- ments of this subsection. 2. If an existing parking area which provides more than 18 parking spaces is increased in area, the additional parking spaces shall comply with the requirements of this subsec- tion. 3. If an existing parking area does not have a permanent dust-free surface and is required to be surfaced or altered in any way, the provisions of this subsection shall apply as if the parking area had not previously existed. c. Parking ramps, covered parking areas, and parking areas that are an integral part of a building shall be exempt from the require- ments of this subsection. (2) Required tree planting for parking areas. Trees and planting areas shall be provided within and abutting the perimeter of parking area(s) and meet the following conditions: a. Planting areas shall be located so every parking space or portion thereof is not more than 40 feet from a small size tree within a planting area or 60 feet from a large size tree within a planting area. a 76 149 b. Planting areas shall be separated from parking spaces, drives, and alleys by an unmountable curb or 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. c. Only small trees shall be allowed in small planting areas and they shall be planted at a ratio of no more than one tree for each 120 square feet of planting area. Large trees shall be allowed only in large planting areas and shall be planted at a ratio of no more than one tree for each 256 square feet of planting area. d. Small trees shall be located a minimum of four and a half (4 1/2) feet from the edge of a planting area and large trees shall be located a minimum of four and a half (4 1/2) feet from the edge of a planting area. e. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist. (c) Trees on private property for residential uses. The following provisions shall regulate the planting of trees for residential uses, except for single-family residences. (1) Applicability. Whenever a building containing a residential use is constructed, reconstructed, or structurally altered by one or more additions, the total of which increases the floor area by more than ten (10) percent, the requirements of paragraph (2) shall be applicable to the entire lot. (2) Required tree planting for residential uses. Trees shall be planted on a lot with a residential use and meet the following conditions: a. Trees shall be planted at the minimum ratio of one tree for every 550 square feet of total building coverage of the lot. In lieu of trees with a minimum diameter of 1.5 inches, deciduous trees with a minimum trunk diameter of 2.5 inches at a point six (6) inches above ground may be planted or existing trees with this dimension may be kept at the discretion of the City Forester, at a ratio of one tree for every 1000 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. Trees planted to fulfill the requirements of Section 36-73(a) -right-of-way trees, and Section 36-73(b) - parking area trees, may be used to fulfill the requirements of this subsection. b. Small trees shall not be located closer than eight (8) feet to a building and large trees shall not be located closer than 14 feet to a building. 02 9 7 150 c. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist. d. At street intersections, trees shall not be located within 70 feet of the intersection of curb lines along arterial streets, within 50 feet along collector streets, or within 30 feet of the intersection of curb lines along local streets. In cases where two different types of streets intersect, the location of the tree shall be determined by the type of street adjacent to the proposed tree. e. Small trees shall be planted in a minimum planting area of 120 square feet and located a minimum of four and a half (4 1/2) feet from the edge of a planting area. Large trees shall be planted in a minimum planting area of 256 square feet and located a minimum of four and a half (4 1/2) feet from the edge of a planting area. Sec. 36-74. Reserved. a78' 151 DIVISION 3. PERFORMANCE REQUIREMENTS 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) Existinguses. Existing commercial and industrial uses which are not in compliance wih the performance standards contained in this Division are exempt except where a use did not comply with performance standards in effect prior to the adoption of this Chapter (see Sec. 36-79(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 quali- fied 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 operated 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 or fumes emitted into the open air exceeding a rate permitted below at the temperature of 500 degrees Fahrenheit. For the purpose of determining 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. (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 c47/r/ 152 one-hour period or a total from all vents and stacks of one-half (1/2) 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. (c) Reserved. (d) Toxic matter. The release of airborne toxic matter from any operation 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 boundary 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 Atmosphere (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: no 153 K D = T 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 Impulsive (at least 1 second rest between Less than 8 Zone and Place pulses which do not pulses per 24- of Measurement Continuous exceed 1 second duration) hour period C Zones and ORP Zone: at lot 0.003 0.006 0.015 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 (1-1/2) footcandles at lot lines in any R zone or C zone where a residential 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 , non biodegra- dable cutting oils or products of mineral oil origin or any combina- tion thereof. There shall be no oil and grease of animal or vegeta- ble 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. a g/ 154 (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 Distance 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 containers 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 manufac- tured 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. a1.z 155 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 Forester. The planting bed shall have a minimum dimension of five (5) feet, be free of any impervious surface, and be separated from streets, drives and parking areas by an unmountable curb or barrier in such a manner that sand and saltwater runoff will not damage the screening. b. Where a planting screen cannot be expected to thrive because of intense shade, soil and 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 subdivi- sion 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. ass 156 (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. asV 157 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 permitted uses and structures in the zone involved. However, single family uses shall not generally be treated as nonconforming uses. Nonconforming 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 nonconfor- ming 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 structure or land estab- lished 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 gener- ally 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: (1) 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; reconstructed; expanded; repaired; and structurally altered, provided all other requirements of this Chapter are met. (2) 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. (3) 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. (4) 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. az 'Js 158 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 noncon- forming 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 nonconfor- ming 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 noncon- forming 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 non- conformity or less. (b) Except for buildings in an Historic Preservation Overlay Zone, a noncon- forming 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. A nonconforming building in an Historic Preservation Overlay Zone may be placed upon its original foundation or the site of the original foundation regardless of the extent of damage provided that it is reconstructed as near as possible to the original exterior design. (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. a S6 159 (d) A nonconforming structure may be structurally altered, provided it is structurally altered in a way which will not increase or extend its noncon- formity or in a way which will reduce its nonconformity. (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 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 owner- ship, 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. aP7 160 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 Adjustment as provided in Section 36-91. Sec. 36-85. Construction prior to Chapter. Nothing in this Chapter shall require any change in plans, construction 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 occu- pancy has been issued by the City Manager-or liis/her designee. If a building permit has not been issued prior to the adoption of this Chapter, every cer- tificate 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 viola- tion of the zoning ordinance after July 26, 1962, and before the adoption of this Chapter. Sec. 36-87. Rules and 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: agf 161 (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 approxi- mately 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 provi- sions 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 approv- ing 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 notice of the time and place of the hearing, which notice shall be published in a newspaper having a general circulation in the City of Iowa City at least seven, but not more than 20 days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled Council meeting following the published notice. The Council may set such public hearing either before or after it submits the 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 of the area of the lots included in the proposed change or repeal ; or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed, such a.�"9 162 amendment, supplement, change, modification or repeal shall require the favorable vote of three-fourths (3/4) of the members of the Council for passage. (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 request 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 termi- nated and construction may be commenced under the permit. The suspension of work under the provisions of this Ordinance may not be invoked and is 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 suspension 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. (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 a 90 163 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 viola- tion 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 violations, 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 recommenda- tion 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 ap- plication for voluntary annexation notrecommended 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. a9/ 164 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 ID 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 the 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 classifica- tion(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 classification, 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 . 02-9,2 165 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 proceed- ings, 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 andother official actions, all of which shall be immediately filed in the office of the Secretary of the Board. 0293 166 (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 permitted under the terms of the Board's decision, such as by obtaining a building permit and proceedings to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expira- tion 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 shAl1 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, without 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 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 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 application, on notice to the City Manager or his/her designee for due cause shown. (2) Special Exceptions and Variances. Applications for special excep- tions 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; age/ 167 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 applica- tion 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: (1) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decisions, or determination made by the City Manager or his/her designee in the enforcement 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 enlargements thereof, in accordance with the general regulations of the zone in which the property is located and specific standards 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 operation, 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: 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. a.95 168 3. That establishment of the specific proposed exception will not impede the normal and orderly development 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 conges- tion in the public streets. 6. That, except for the specific regulations and standards 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 requirement 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 contrary to the public interest, where owing to special conditions 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 oZ 96 169 (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, 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 requirement 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. (4) Interpretation. To interpret this Chapter in any case where it is alleged there is an error in any decision, determination, or inter- pretation 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 provisions of this Chapter. Interpreta- tions 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. Received & Approved By The L.a-1 i 1rtmenl 0Z97 I CITY OF IOWA CITY CMC CENIER 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. 85-3239 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of June , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 14th day of June , 19 85 . Dated at Iowa City, Iowa, this 5th day of July ,1985 'am. a Parrott, Deputy City Clerk Ad_ 16--3 6-3.?37 OFFICIAL PUBLICATION OFFICIAL PUBLICATION the provision of this ordinance are hereby ORDINANCE NO. 85-3239 repealed. SECTION IV. SEVERABILITY. If any AN ORDINANCE REPEALING THE ZONING OROI section, provision or part of the Ordi- NANCE AND MAP AND ADOPTING A NEW ZONING nance shall be adjudged to-be invalid or ORDINANCE AND MAP, unconstitutional, such adjudication shall not affect the validity of the Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF IOWA as a whole or any section, provision or CITY, IOWA: part thereof not adjudged invalid or .4,/ / unconstitutional. SECTION I. PURPOSE. The purpose of this !C SECTION V. EFFECTIVE DATE. This Ordinance ordinance is to repeal the Zoning Ordi- shall be in effect after its final nance and Map and replace them with a new (%/U passage, approval and publication as revised Zoning Ordinance and Map. Printers fee$ required by law. SECTION II. AMENDMENTS. The Iowa City Passed and approved this 4th day o Code of Ordinances is hereby amended by June, 1985 deleting Chapter 36, entitled Zoning and CERTIFICATE OF PUBLICATION inserting in lieu thereof the attached Chapter 36, which is included by reference STATE OF IOWA, Johnson County,ss: YOR herein. THE IOWA CITY PRESS•CITIZEN yyetet SECTION III. REPEALER.•x' ,•+ptdinances ATTEST: tYt and parts of ordinances •l;l • ct with i'", CHAPTER 36 I, =lam` Bronwyn S. Van Fossen, being duly ZONING sworn, say that I am the cashier of the ARTICLE I. GENERAL • IOWA CITY PRESS-CITIZEN, a news- paper published in said county, and that Sec. 36-1. Purpose. a notice, a printed copy of which is The purpose of this Chapter shall be to promote the public h ilth, safety, hereto attached, wasublished in said pmorals, order, convenience, prosperity and general welfare; to conserve and paper / time(s), on the fol- protect the value of property throughout the City and to encourage the most lowing date(s): 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. L-rmR - /I, // �� Sec. 36-2. Name. OOP This Chapter shall be known and may be cited and referred to as the City of 1 ./ �A141 ,f...00 Iowa City "Zoning Chapter' or 'Zoning Ordinance." . / Cashier Sec. 36-3. General effect of this chapter. Except as otherwise provided in this Chapter;• the use of premises and struc- Subscribed and sworn to before me tures in the City shall be in accordance with the minimum standards hereinafter established. ,,�� �G , '' (a) No structure shall be erected, converted., enlarged, reconstructed or this AlL a y of LC--1,-(--- , A.D. structurally altered to exceed the height limit herein established for the zone in which the structure is located. 191 (b) No use shall be established nor shall any structure be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with rJ the area regulations for the zone in which the use or structure is f,�CL�{}1/, - fQ located. Notary Public (c) No structure shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the yard regulations for No. u SLSS'C' 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 Er---11 except in conformity with the off-street parking regulations for the zone ARQN STUSSS in which the use or structure is located. (e) The yards, parking spaces, or lot area required or one structure or u under this Chapter cannot be used to meet the requirements for anot r. h Continued to Page 3 : $` OFFICIAL PUBLICATION a g I Continued from Page 2B. g5- 3 237 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: (I) 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) acces- sory 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 Adjust- ment. 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 meaning 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 vehicles 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 Law, 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 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, automo- bile 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 of no 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 underground, but having three-and-one-half (3-1/2) 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. (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 oercentaae 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. / j7 14 3 "' U ( ) 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 s 3.239.239 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 follow- ing: advertising agencies; consumer credit reporting agencies, mercan- tile 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 design- ing, 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 under- ground and having less than three-and-one-half (3-1/2) 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 construction or for alteration or additions to existing structures. (3) Child care facility. State licensed or registered facility wnere 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 profes- sion. (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 feature 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 Cade 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 40 pounds or less, 600 sheep, 3,000 turkeys, 15,000 broiler chickens or 9,000 layer chickens. (10) Conversion. Any change of one principal use to another principal 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; dyslexia 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 multi-family 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 ( stories in height. (13) Dwelling, low-rise. A multi-family dwelling not exceeding 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 includes the term "manufactured home." (16) Dwelling, tri-plex. A multi-family dwelling containing three (3) dwelling units. (2 3 (17) Dwelling, zero lot line. A single family dwelling with one or more walls located on a side lot line(s) which is not on a street or alley right-of-way line. (18) Dwelling unit. Any habitable room or group of adjoining habitable rooms 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 Develop- ment 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 indus- trial operation, exclusive of the process of grading a lot preparatory to the construction of a building. (f)(1) Factory-built housing park. A tract of land which has been planned and improved for the placement of manufactured homes, mobile homes and modular homes on leased spaces. (2) Family. One (1) person or two (2) or more persons related by blood, marriage, adoption o: pla e :,t ay a governmeital or social service agency, occupying a dwelling unit as a single housekeeping organiza- tion. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption. (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, rehabilitation 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. (4) 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 produced. (5) 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 lather vegetation and upon which livestock are allowed to graze or feed. (6) 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. (7) 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 estab- lishments. (8) 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. (9) 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. (10) 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. (11) 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 to the end of a cul-de-sac. (g)(1) Garage, commercial. Any building or premises used for equipping, 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. (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 stair- ways. (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 indi- viduals. 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. ., j Friday, June 14, 1985—Iowa City Press-Citizen-3B OFFICIAL PUBLICATION (4) Hotel. A residential building licensed by the State and occupied and (m a 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 c' q rooms (see "hotel, apartment'). .S - 5 2 3 / (5) Hotel, apartment. A multi-family dwelling under resident supervision which maintains an inner lobby 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 display 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, disassembled or assembled, stored or handled, including the dismantling of "wrecking" of automo- biles or other vehicles or machinery. A junk yard is also a house- wrecking yard, used lumber 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 commer- cial 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 (2) parallel or approximately parallel streets. (9) Lot, interior. A lot other than-a corner lot or double frontage lot and bounded by a street on only one side. - r (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 excluding 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 midpont 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 home. A factory-built single-family dwelling, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanentsite, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling as is provided in Code of Iowa (1983), section 1350.26. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling. (2) Meeting hall. A facility providing space for lectures, social func- tion, exhibitions, entertainment, instruction and similar purposes and customary ancillary space such as restrooms, kitchens, foyers, work and dressing rooms, and storage areas. (3) Mobile home. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or recon- structed as will permit the vehicle to be used for year-round occupancy as a single family dwelling and containing water supply, waste dis- posal, heating and electrical conveniences. A mobile home is fac- tory-built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may -- (4) 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. (5) Motel. A residential building licensed by the state, usually located / n l� along highways, occupied by and used principally as a place of lodging {o of �O for guests. The term 'motel' includes 'motor hotel." (n)(1) Non-conforming lot. A lot which does not conform to the provisions of o s_ 3 a 3 9 this Chapter relative to lot frontage, width or area for the zone in O which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. (2) Non-conforming structure. A structure or portion thereof which does not conform to the provisions of this Chapter relative to height, reason of or tithe dihgcoveadoptionraof thise for the zone Ch Chapter in 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 to 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 cars 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 maximum allowable limit on the effects or characteristics of a use, written in the form of regulatory language. • Coninue 4B—Iowa City l ltiaen—Friday, June 14. 1N6 to Page 41. OFFICIAL PUBLICATION Continued from Page 38. (5) Permitted use. A principal use which is allowed in the zone in wnicn 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; partner- ship, 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 parlor,engagedhat cleaninin shops; funeral homes; and other establish- reducing salons and health a clubs,onal clothing services such lockers renta , and porter services (see major group 72 of the Standard Industrial Classi- fications Manual). • (8) Planting area. An unpaved pervious area intended or used for the placement of a tree, (9) Porch. A covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from the wall of a building. (10) Premises. See 'lot." (11) Principal building, A building which contains the principal use. (12) Principal use. The primary use(s) of land or a structure as distin- guished from an accessory use, e.g., a house is a principal use in a residential area; a garage or pool is an accessory use. (13) Projections (into yards). Parts of buildings such as architectural features which protrude into the required yard or yards. (14) 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. (15) 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. (q)(1) Quarry. Land used for the purpose of excavating stone or slate as an industrial operation. (r)(I) Religious institution. An organization having a religious purpose, � ? which has been granted an exemption frau federal tax as a Sec. 501(c)(3) organization under the Internal Revenue Lode, including G S-. 3073 churches, rectories, meeting halls, schools and the facilities that are O related to their use. (2) Remodel/repair. Any improvement in a building which is not a structural alteration. (3) Restaurant. A business where the dispensing and the consumption 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 inciden- tal 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 textand, 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. (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 roam 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 denomi- national 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. Estab- lishments 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 clacsificd 6,, 'gy 080d 04 00000003 •absnOue( kao;e(nbaa 4o woo; ay; us uama 'asn a ;o s0slssaa;0e.e43 JO sloa;;a ay; uo I ;sws( a(geno((e wnwsxew JO ;uawaasnbaa wnwlusm v •paepuels a0ueuo;iad (p) i -Dv,,,onp v m-a n,q}nna,an pve p.#44,q. ap2.6 ;e eaae Ouse(( aoopino posy-ins paaaeo0un JO paaaAOo v 'oiled (E) 'sled aaylo ao; ylbua( us ;aa; 61 pue apse ;aa; (6) ausu ;sea( ;e pue Slep ;sPdw00 ao; y;bua( us ;ea; g( pue apse ;aa; (g) 445sa ;sea( le ss pue 6uslaed ae(nosiae ;aaa;s-;10 a0; papua;us 5s 40syn weans aaa; ;slip ;uaueuuad JP(swss ae alaaluoo ';(eydse uv 'weds 6us;aed (2) •spue(ss 001; pue 'sa(sse 'saoeds bus;laed 6uspn(Ous ',salosyaA ao;ow (p) ono; uey; aaow ;o busaaed I ay; ao; pau6ssap ao papua;us 43s143e; ;aaJ4s-;;o uv 'Pale 644aed (()(d) •R;{adoad ay; o; ails; a(ge;snba JO a(dwss 804 ay; sp(oq 0qn uosaad ayj ' .aoume (9) •onl ayl ;o sluewaasnbaa aes;0ta;saa a4Ow ay; 'a;s.edssp a ;o ase ay; us 'JO sauoz yeoq Jo sluawaasnbaa ay; 04 wLOJUOD ;snw 'awn 8-ado um Jo aseo ay; us ;dwxa _- 'auoz Feiaaeo au; utu2ti sluawdoLaaan tauoz_6uiAtaapun ay; jo asoel 0; ___ —. _ OFFICIAL PUBLICATION (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." 2 y+ (18) Substantial improvement. Any repair, reconstruction, or improvement of S._ 2 J 3 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 0 started, or (b) if the building 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 altera- tion 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 improvement of a building to comply with existing state or local health, sanitary or safety code specifications which are necessary to assure safe living conditions or (2) any alteration of a building listed on the National Register or Historical Places or a State Inventory of Historic Places, (t)(1) Townhouse. A complex cohtaining 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 he planted at initial installation is indicated in "The"List of Recommended Trees for Iowa City,' a supplement to this Chapter). (u)(I) 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." (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 i5 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 build- ings within, above or below the zone are 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 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 aggr cultural and other non-urban uses of land may continue, until such time as the City is able to provide municipal services and urban development can take place. Upon provision of municipal services, the City will and the property owner may initiate rezoning of property to uses consistent with the Comprehensive Plan. ID designations on the zoning map shall be reevaluated with each revision of the Comprehensive Plan. ID designations shall consist of ID-RS (single family residential), ID-RM (multi-family residential), and IO-oRP (office research park) to reflect the intended use of the property in the future. (b) PS-muted uses. (1) Farms. (2) Livestock feeding tockat livestock operations except livestock feed lots and (c) Provisional uses. (1) Clubs subject to the requirements of Sec. 36-55. a g q (2) Farm dwellings provided they are developed in accordance with the a 3 / dimensional reside inneach farm dwellinnts of the RR-1 g one. A maximum of two (2) G S. 3 s (3) theys areklfeed lots,o located not closert than one-fourth nt (1/4) mile tonanyrRvzone O boundary. are (4) Office accordance withh park the appl(i0cable RP) uspecialprovide provisionsy of this developed in zone. (5) withl the applicable specials provisions prove sionsyare of thiszone. in accordance (6) Stables and kennels subject to the requirements of Sec. 36-55, (d) Special exceptions. (1) shall n be lion toers and ocatedw at least aselfarteaway receiving property devices, l provided theithey height is above grade. (2) Public utilities. (e) ni ensional requirements. (1)) Minimum lot area: 10 acres ( 80 (3) Minimum lot frontage: 40 ft. (4) Minimum yards: Front - According to the following table: Comeensive Plan StQ back Street Width Street Classification 3U ft 40 ft. secondary arterial 27 ft. 66 ft. secondary arterial 25 ft. 40 ft. collector or local 20 ft.20 ft. 50t. or ore collectorO ft. or more arterial orl local Side - 5 ft. fthe first 2 or additionalstory plusries 2 ft. for Rear - 20 ft. (5) Maximum building bulk: None (6) Minimum building width: 20t 75% the building's ft. for at s length. (f) General provisions. All principal and accessory uses permitted within this are subject ect toe hedrequid as follows: he nticles III and IV, the divisions and sections of (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. OFFICIAL PUBLICATION e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. (2) General provisions. See Article IV, a. Dimensional requirements. See Division I. 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 ID-RS an minimum lot areas of five (5) acres and at the width, frontage and yard requirements of the 10 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 • 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) 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 (1/4) mile of each other. (d) Special exceptions. (1) Clubs subject to-the requirements of Sec. 36-55. (a) 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: /p I 6 I Front - according to the table set forth in the ID Zone. 3,31 Side - , 5 ft, for the first 2 stories plus 2 ft. for 8 5 each additional story. Rear - 20 ft.. (5) Maximum building bulk: Height - 35 ft. Building coverage - None Floor area ratio - None (6) Minimum building width: 20 ft. for at least 75% of the building's length. (f) General provisions. All principal and accessory uses permitted within this zone are subject to therequirements of Articles III and IV, the division 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. 36-64. (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. Monconformities. See Division 4. (g) Special provisions. None. - Sec. 36-7. Law Density Single-Family Residential Zone (RS-5). (a) Intent. It is the primary purpose of this zone to provide for single-71117i- residential development consistent with the predominant 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. Compati- bility 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 (1/4) 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. -eMuI 'A;13 enol Jo L}ouno3'AliZ a41 'Llouno3 (ll) • •asn Led}ou}ud uaygoue o; asn Ledpty.ad auo ;o a6ueyo guy 'uolsuaauo3 (OI) •suay3}y3 cake; 000'6 JO suaao}go xaLlouq 000151 's(ayunl 0001£ 'days oog 'ssat JO spunod op au}ms 008L 'spunod gp Joao au}Ms god same, AJ}ep Ov 'aLlleo ;aaq OS spaaoxa awll auo le pau;luos s;malue ;o uagwnu wnw}xew ay; yop4M u} pue 'sa;sen Lew}ue pinb}L-Iwas JO p}nb}L ulequoo al paublsap 'saunsoloua Loupe pa;ooa ALLel;ued Jo pa;ooj as JO auo •suo}leJado Bu}paa; quawau};uo3 (6) _ •sa3ueu}puo ;o apo A;}3 ayl pue eMel ;o apo e41 Jo pip ualdey3 kg pa;eauo se 'enol '4I3 enol ;o uo}ss}u1003 6uiuoZ pue Sigmund aul •ua}ssiunua3 (8) •6upuep apnu aanlea; go}4M sluawys}Lqe;sa pue suojued abessew_apnpu}_;ou op_sa}lII3e; OFFICIAL PUBLICATION / / /1 / CJ Continued from Page 4B. O c. Performance standards. See Division 3. 15- 3.23 9 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 December 31, 1984. Sec. 36-8. Medium Density Single-Family Residential Zone (RS-8). - (a) Intent. It is primarily intended that this zone provide for the develop- ment 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 (1/4) 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 (I) 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 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 (6) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. (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.i 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. 36-64. (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. (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 Tot 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 roomers exceeds one (I), the provisions herein shall become applicable on December 31, 1984. / I Oo Sec. 36-9. Factory Built Housing Residential (RFBH) Zone. (a) Intent. The Factory-Built Housing Residential (RFBH) zone is designed to - 3 _737 provide for the placement of manufactured homes, mobile homes and modular homes within factory-built housing parks, or upon individually subdivided lots with a lot size smaller than that allowed in other zones permitting single-family dwellings. The RFBH zone also provides a location for the placement of those mobile homes which are not classified as manufactured homes and may not comply with the building, electrical, plumbing, or housing codes, and for those. factory-built homes which do not have a minimum building width of 20 feet. '(b) Permitted uses. (1) Manufactured homes. (2) Mobile homes. (3) Modular homes. (c)' Provisional uses. (1) Family care facilities provided they shall not be located within one-quarter (1/4) mile of each other. (2) Manufactured homes, Mobile homes and Modular homes with a maximum of one (I) 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. (I) Minimum lot area: 4400 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 RMH Zone bound- ary - (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 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. 36-64. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. c. Performahce 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 Codec 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 singlely dwellings and duplexes at a high density of development in older portions of the community. Dwellings in this ;one 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 two (2) roomers in single family dwellings and one (1) roomer in each dwelling, unit in. duplexes, provided that additional off-street parking spaces shall be furnished at the ratio of one-half (I/2) space per roomer. Multi-family dwellings, which exist as nonconforming uses, shall be permitted two (2) roomers per dwelling unit. (See "special provi- sions.") • (2) Family care facilities provided they shall not be located within one-quarter (1/4) mile of each other. Id) 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. / 3 S / (e) Dimensional requirements. f� (1) Minimum lot area: 5,000 sq. ft. -G - 3239 (2) Minimum lot area per unit: 3,000 sq. ft. !J (3) Minimum lot width: 45 ft. (4) Minimwh lot frontage: 25 ft. on a public street or an officially approved place. (5) Minfmbm 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 (7) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. (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. 36-64. (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)(I) above, the provisions of this paragraph shall become applicable on December 31, 1986. Sec. 36-11. Low Density Multi-Family Residential Zane (RM-1j). (a) Intent. It is intended that this zone provide for a high density of singlelam{ly 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 two (2) 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 (1/2) space per roomer. (2) Family care facilities provided they shall not be located within one-quarter (1/4).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 eha. - shall be at least 100 --n''-, ` - • SE maims ue3 auOZ 1-07 a41 'padolaaap eq Kew sasn q{Ignd-{woags pue ]seale ue;1a0 pue s;uaw;lede 'sesseu{snq alq{;edwoo 'suol;oun; ao{;; _e_ n{;{;ads ep{eold 04 papualu{ St (1-07) auoZ a31;;0 le{J18103 ayi ;ua;ui ( ) iond e '(1-03) 0110Z 00{440 lE14.10 3 'Lt-9t -oa5 'paAlasa8 '91-9E .3as •sluewaiinbal bu{'lied ;ea11s-;;o ay1 10 s;uawaiinbal leuo{suawipay1 4;{M aouet idwo) 3no414n puedxa Kew '2961 'L ;snbnV uo Dais{xa y3{ym suo{ln;{;su{ sno{6{la8 (3) ';uaw -allnbal moue;s{p (21uoz{1o4 ay; 6uElaaw u{ papnlpu{ eq Kew aseds uado w; 'Rem-3o-ov6{a ;awns se Vpns 'Klepunoq aV; ;e sands uado 414M padolanap sauoz 6ul;loge u{ puel fiu{}s{xa alayry 'KzePunoq __- inea 101 luMlau ---T- --- .—. Friday; June 14, 1985—Iowa City Prape-0iticea- 15 OFFICIAL PUBLICATION I (4) Min. lot frontage • on a public street approvedficiaplace y 20 ft 20 ft 18.ft 35 ft 40 ft. • (5). Min. yards: /11b Front - 20 ft 20 ft 20 ft 20 .ft 20 ft I 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. 35- 3239 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 : (7) Min.•building width: 20 ft. for at least 75% of the building's length. . This provision shall not apply to zero lot line dwellings. (f) General Vrovisions. 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: -(11 Accessory uses and requirements. See Article III. a a. Permitted accessory uses and buildings. See Sec. 36156. 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. 36-64. , • (2) General provisions. See Article IV. a. Dimensional requirements- See Division 1., )- b. - Tree regulations. See Division 2. - - tC. Performance standards. See Division 3.-. - d. Nonconformities. See Division 4. ` (g) Special provisions. - August ' (I) without s icomplianceons wt hich thexisted on dimensional requirements mayor expand off-street parking requirements. (2) Any use listed may be established by special exception in buildings. registered on the National Register of Historic Places, subject only to the requirements specified by the Board of Adjustment and the issuanc athe t 2787 s the Preser- vation Commission according to procedures ofSection 1 - Because continued use andoccupancy of historic structures contribute to maintenance of the City's historic, aesthetic, and cultural heritage, the Board may, tothe extent it. finds necessary under the circumstances, waive all zoning requirements, including but not limited to off-street parking and yard requirements; which would limit or preventa use or occupancy of an historic structure which is allowed under the provisions of this section. •• (3) 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 December 31, 1986. 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 mediurrainiTty 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. - _ . (t) Detached single family dwellings-subject to the dimensional require- ments of the RS-12 zone. (2) Dwellings allowed in thiszone with a maximum of three (3) roomers in each dwelling unit provided that for -single family dwellings and the ratio additional one-half off-street(1/2) space per parking oomerces shall be, furnished at (3) Duplexes provided they shall be developed in accordance with the dimensional requirements of the RM-12 zone, exceptthat 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 (1/4) 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. e (7) Religious institutions subject to the requirements of Sec. 36-55. ' (8) Rooming houses, provided that the total floor area shall not exceed shalgbflto10ar0a of o andthat shall feet feet of floor areafor each roomer. (9) Townhouses and zero ldt. 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 I shall have a minimum lotarea of 1800. square feet. (d) -Special exceptions:- -- - -- - - - - - r (1) Cemeteries and mausoleums subject to therequirements. of Sec. 36-55. (2) Child care facilities subject to the requirements of Sec. 36-55- /5 s / !l (3) Clubs. (o Q (4) Elderly housing. (5) Group care facilities provided that there is at least 550 square feet g s - 3235' of lot area for•each occupant. (6) Public utilities. (7) Schools - generalized private instruction. • • (8) Transient housing provided that thereis at least 550 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (e) Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. • (2) Minimum lot area per unit;. •1800 sq. ft. • (3) Minimum lot Width: 60 ft. (4) Mtnieum lot frontage: 35 ft. on a public street or an • officially approved place. (5) Minimum yards: Front - 20 ft. • Side - 5-ft. far thefirst 2 stories plus 2 ft. for-each additiobal stbry. 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 III. • a. Permitted accessory uses and buildings. See Sec. 36-66. 0. -Accessory use and building regulations. See Sec. 36-57. c. Off-street parking requirements. See. Sec. 36-58. d. Off-streetloading requirements. Not applicable. ' e. Sign regulations. See Sec. 36-60. • , _ f. Fence regulations. See Sec. 36-64. _ (2) General Provisions. See Article IV. • a. Dimensional requirements. See Division 1. 611—Iowa City Preaa•Citl en—Friday, June 14,'1985• OFFICIAL PUBLICATION Continued from Page 5B. b. Tree regulations. See Division 2.• c. Performance standards. See Division 3. d: Nonconformities. See Division 4. (g) Special provisions. (1) Religious institutions whichexisted 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 Ilia-Wig neighborhoods and these regulations are designed' to prevent existing multi-family uses within the neighborhood' from becoming noncon- forming. 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-streetparking spaces shall be furnished at - the ratio of one-half (I/2) space per roomer. • 'L8-L2 uo4;oas ;o sawnpaooad aq; o; 6uipuooae uolssomo3 uoileA , -aasaid o4.uo;sIH aq; Lq ssaua;esudoadde ;0 a4e4147uw a ;o aauenss4 aq;. pue ;uaw;sncpv Jo peps aq; Lq pa4;4aads s;uawau4nbar aq; o; LLuo 43afgns isaoHLd 44uo;s4H ;o as;s46a8ieuofleN aq; uo paaa4sF6a.1. 's6u4p14nq u4 uo44daoxa teioads fig pags40e4sa eq Aew pa;s44 asn Luv (2) •s4uawa.i4nbau 6uf1ued peals-Bo aq; JO s;uawaJInbaw LeuolsuaIIp aq; 4;4m. aoue4Ldwoo 4n0444m puedxa Lan '2961 'L ;sn6nv uo pa;slxa 444LM suoiln;l;su( snol64Laa (4) •suois4Aoad. LepadS (6) y uo4s4A40 aas •sa444uuo;uo)uoN 'p —_ (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. I (4) Elderly housing. 8 5 . 3239' (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. (8) Transient housing provided that there is at least 550 square feet o' lot area for each permanent resident and 200 square feet for eact temporary resident. (e; Dimensional requirements. (1) Minimum lot area: 5000 sq. ft. (2) Minimum lot area per unit:. 1800 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 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 III. ' a. Permitted accessory uses and buildings. See Sec. 36-4. b. Accessory use and building regulations. See Sec. 36-57. C. 0ff-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. 36-64. • (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. 6B—Iowa City Press-Citizen—Friday, June 14, 1985• OFFICIAL PUBLICATION Continued from Page 58. . 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. 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 these regulations are designed to prevent existing multi-family uses within the neighborhood from becoming noncon- forming. 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 (1/2) space per roomer. (2) Family care facilitieq provided they shall not be located within one-quarter (1/4) mile(of each ether. (3) Fraternity/sorority hoes, provided " ire shall be 545 square feet of lot area for each pe son residing cn .he 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 end that there shall be at least 100 square feet of floor area for each roomer. (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) School - generalized private instruction.' (5) 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. 1 , (d) special exceptions. 1. (1) Cemeteries and mausoleums subject to the requirements of Sec. 36-55. 1 (2) Child care facilities subject to the requirements of Sec. 36-55. / n//^ / O (3) Clubs. f0 Q (4) Elderly housing. O 3a3 1 (5) Group care facilities provided that there is at least 550 square feet O of lot area for•each occupant. (6) Public utilities. (7) -Schools - generalized private instruction. - (8) Transient housing provided that-thereisat least 550 square feet of lot area for each permanent resident. and 200 square feet for each temporary resident. ,-(e) Dimensional requirements. (1) Minimum lot.area: 5000 sq. ft. (2) Minimum lot area per unit: 1800 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% Floor area ratio - None (f) General provisions. All principal and accessory uses permitted within thiszone 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-xa6. 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. 36-64. - (2) General provisions. See Article IV. a. Dimensional requirements. See Division I. 6B—Iowa CityProeaCitlzen—Friday, June 14, 1985. OFFICIAL PUBLICATION Continued from Page 5B. b. Tree regulations. See Division 2. • • c. Performance standards. See Division 3. d. Nonconformitles. 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. Sec. 36-13, Neighborhood Conservation Residential Zone (RNC-20) (A) Intent. It is the purpose of this zoneto preserve the character of existing neighborhoods and these- regulations are designed to prevent existing multi-family uses within the neighborhood from becoming noncon- forming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses. - (1) Detachedsingle 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 (1/2) space per roomer. 'L8-L2 uo};0as ;0 saJnpaDoud ay; of buIPJ000e uo}ssIuwo3 uofleA -desald spials}H ay; fq ssaua;e}JdoJddc ;o oleo);I;uao a ;o aouenss} eel pue luawlsnfpv ;o pueog ay1 Lq. pa};loads s;uawaJlnbau-ay; o;, fipo ;0afgns 'saoeld olio;sIH' ;o Ja;s(ba5 leuolleN ay;. uo paua;s)6aJ •s6u}pllnq ul uol;da3xa le}0ads Lq paes}lgelsa eq Lew pals}1 asn Luv (2) •ssuawa4nba. 6u}ped palls-;40 ayl Jo sluawa.}nbaJ `euoFsuamyp ay; y;iM awendwoo ;noy;rM puedxa Lew 2961 `L ;sn6nv uo pals}xa WDIMM suo}lnl};su} sno1.6}1ay (i) .suols}eoJd Ieioads (6) •y uo(s)a}0 eas •sal;Iuuo;uoou0N :p __ at (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. t (5) Minimum yards Front - 20 ft. O - 3.237 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 (7) Minimum building width: 20 ft. for at least 75% the building's length. (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. 36-64. (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) 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 living quarters. Addition- ally, 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 (1/4) mile of each other. (2) Fraternity/sorority houses, provided there shall be 330 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. . 199 a6Dd 04 panul4uoD •1 uo!.stALO aas 'sauawa.ilnbau leuoLsuauL0 'e •AI al311ay eas 'suolsiAo.id le.iauag (2) •49-gc *pas aas suoi}eln6al aouaj •nn-cis ':ac aac •suot2ein6a.i u6tc 'a OFFICIAL PUBLICATION (2) Minimum lot area per unit: 1000 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. Q s_ 3,7 3 Side - 5 ft. for the first 2 stories plus 2 y5-_ ft. for each additional story. Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 40T 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. "10 f. Fence regulations. See Sec. 36-64. (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. 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 neighbor- hood, 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 house. (3) High-rise multi-family dwellings. (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 (I) 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. (8) Transient housing. (e) Dimensional r ire'{lg4\t auoz siyl sbumaw0 luawdoianap Lelluapcsaa liwe;_�3Lnw �oVVf1lsuap Mol a pue luawdolanap Lelluaplsaa F )wey albuls 0 6}Lsuap y6ly a Jo; eppnoad auoz sLy1 1ey1 papualu� si 1I 1ua1u1 (e) (Z1 Wli) auoz LelluaNsaa dllwa3-I11nW ,C11sua0 Mol '11-9E 'uaS '9861 'IC .,agwaDea uo awoaaq Lleys dea6e.ied sy1 ;o Suolsinoud ay; `anoge (1)(3) ydeJ6e.Ied ui pal;iw.iad agwnu ay; spaaaxa s.�awoo.a ;o uagwnu ay; yai4M uL s0uiLLanp asoyl 1oj (I) • (6) Minimum open space per dwelling unit: None. (7) Maximum building bulk: Height - None. Building coverage - None. Floor area ratio - None. y (f) General provisions. All principal and accessory uses permitted in 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. O 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. 36-64. (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 require- ment. (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 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 establish- ments 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 princi- pal 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) 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. (10) Transient housing provided that there is at least 300 square feet of lot area for each permanent resident and 200 square feet for each temoorary resident. lel ulmensionai requIreueI . (I) Minimum lot area: None (2) Minimum lot width: None (3) Mininum lot. frontage: None (4) Minimum yards: Front: 20 ft. I Side: None Rear: , None (5) Maximum building bulk: 75 ft. 815 - 3239 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. 36-58. e. Sign regulations. -See Sec. 36-60. f. Fence regulations. See Sec. 36-64. (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 expadd 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 developm�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 busi- nesses 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 andvariety stores. (3) Financial institutions. (4) Grocery stores including specialty food such as bakery and delicac tessen goods. (c) Provisional uses. (I) 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 princi- pal use permitted in this zone, provided thatthe 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. (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 - G 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. j— Continued from Page 68. ------- - - --- 1 a, Permitted accessory uses and buildings. See Sec. 36-56. , b. Accessory uses and building regulations. See Sec. 36-57. i c. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. ad 2 (O/Oe e. Sign regulations. See Sec. 36-60. i f. Fence regulations. See Sec. 36-64. 2 General gS- 3•239 ( ) provisions. See Article IV. • i 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) Inno instance shall an area zoned CN-1 be less than three (3). acres or 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) Intent. The Community Commercial Zone (CC-2) is intended to provide for ' major bu�ess districts to serve a major segment of the total conmunity 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. Whilethese centers are usually characterized by indoor operations, certain permitted usesmay have limited outdoor activi-I ties as specified. , (b) Permitted uses. e (1) Business and personal .service establishments except drive-in facili-, ties. (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. r (6) Theaters. (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 princi- pal 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. (10) Transient housing provided that there is at least 300 square feet of lot area for each permanentresident and 200 square feet for each temporary resident. - (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 ' . i 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 acrss ru .,� s`; c C o�� 11 10i _ y swomi 3 visite" or............... ns n r (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand I { without compliance with . the dimensional requirements or the I 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 orgy 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 thepedestrian orientation of the central business district by providing suitable, peripheral locations for 3 3 9 auto-oriented commercial and service uses. This zone is intended to accommo- date mixed land uses and requires that the intensity of use be less than that ' OQ permitted in the C8-10 zone. (b) Permitted uses. (1) Auto and truck oriented uses. (2) Hotels, motels and convention facilities. (3) Permitted uses of the CB-10 Zone. (c) Provisional uses. (1) Dwellings located above or below the ground floor of a structure in which the ground floor is occupied exclusively by another principal use or uses permitted in this zone. The dwellings shall be developed in accordance with the dimensional requirements of the RM-145 zone. A. maximumof 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. (7) Transient.housing. - (e) Dimensional requirements. • (I) 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: 100 ft. Height - 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) Accessoryuses 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. 36-64- (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 theoff-street parking requirements. 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 redevelopmentwithin this zone should occur in' compact groupings, in order to intensify the density of usable commercial spaces, while increasingthe 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 rw--•- are not permitted except as otherw- - tG^v`dnd and sere.i\-'••`\ \ (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 �. /to �j with Sec. 36-58. a (4) Wholesale establishments in conjunction with retail establishments. (d) Special exceptions. g - _ 7 . J3 1 (1) Child care facilities. .7 (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. (8) Transient housing. (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. 36-64. (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 require- ments of Sec. 36-59; or (2) The floor area ratio may exceed 10, up to and including 12, for any o 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) Intent. The Highway Commercial Zone (CH-1) is intended to permit develop- ment 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) Dairy products processing and packaging, (4) Hotels, motels and convention facilities. (5) Office uses allowed in the CO-1 Zone. (6) Restaurants. (c) Provisional uses. (1) Retail establishments when associated with the uses allowed in this zone, provided not more than SOS of the total ground floor area shall be devoted to the retail display of merchandise. (d) Special exceptions. ' (1) Public utilities. (2) Schools - specialized private instruction. (3) Transient housing. (e) Dimensional requirements. (1) Minimum lot area: None Friday, June 14, 1985-Iowa City Press-Cala en-78 p Zee OFFICIAL PUBLICATION 8s-- 3239 • (2) Minimum lot width: 100 ft. (31 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. 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. 36-64. (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. 36-23. Intensive Commercial Zone (Cl-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 use. (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. (II) 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 1-1 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 merchan- dise. 85_3.239 (d) Special exceptions. (I) Adult businesses, such as massage parlors and other similar estab- lishments which feature nude dancers or models, provided they shall not be located within 500 feet of a restaurant or another adult • business. I (2) Cementitious concrete batch/mix plants. (3) Dwellings located above the ground floor of another principal use permitted in this zone, provided thatthe density does not exceed one (I) 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. (7) 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. (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 - i Rear - - None (5) Maximum building bulk: Height — - 35 ft. - Lot coverage - None Floor area ratio - I (f) General provisions. All principal and accessory uses permitted within this zone aresubject 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. 36-64. (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. 36-24 reserved. 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 Continued to Page 9B. (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. (2) Heliports and helistops subject to the requirements of Sec. 36-55. Tc_ 3.' 3 9 (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. 36-64. ' (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. Sec. 36-28. 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-I 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 p rv,. litUlorga 0U raja •mw, 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 affect the setting and quality of development for the permitted uses ; bf this zone. '(b) Permitted uses. O1 5 / 6 (1) Data processing and computer operations. (O O (2) Merchandise and product display centers, but no" a ;luding the retail tjs. 3 3 9 sale-of merchandise on premises. -•' o (3) Offices, including business, educational, governmental, industrial or professional offices. 4 c (4) Research, testing, and experimental laboratories. (c) Provisional uses. 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. (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 sectionsof 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. 36-64. (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 ORP be less than 21 acres. • Sec. 36-26. Reserved. • Sec. 36-27. General Industrial Zone.(I.1). • (a) Intent. The General Industrial Zone (I-1) is intended to provide for the development 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, cellophane,., cement, cloth, cork, feathers, felt, fiber, 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, processingand packaging of food and kindred products (exceptgrain 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 I products, dry goods and apparel:, groceries and related products, ' electrical goods, hardware, plumbing, heating equipment and supplies, machinery, equipment and supplies, tobaccoand alcoholic beverages, -arar_and-nunar nrndurts__fi¢nituce_andJmme_flrni ch Inca (c).. Provisional uses. (1) Communication towers provided that a tower's distance from an R zone , shall be at least equal to the,heightof the tower. (2) Residence of the proprietor, caretaker, or 'watchman when located on 1 . the premises of the commercial or industrial use. (d) Special exceptions. . I (1) Cementi tions. concretebatch/mix plants. 1 (2) .Heliports and helistops subject to the requirements of Sec. 36-55. 3.7317 (3). Public utilities. �Je- (4) Schools - specialized private instruction. (e) Dimensional. requirements. . (1) Minimum lot area: None • (2) Minimum lot width: None 1 (3) Minimum lot frontage: None, (4) Minimum yards: Front - 20 ft. - Side - .None ' Rear 'None • (5) Maximum building,bulk: Height. - 45 ft. Lotcoverage - None Floor area ratio - None (f) General provisions. All principal and accessory usespermitted within this zone are subject to therequirementsof Articles'III and IV, the divisions and sections of which are indicated as follows:: (1) Accessory uses and requirements. See.Article 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. 36-64. (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. Nonconformites. See.Division 4. (g) Special provisions. , Sec. 36-28. Heavy Industrial Zone (1-2). (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 t requirements of Section 36-55. • (2) Uses listed as provisional uses in. the I-1 zonesubject to the requirements indicated. (d) Special exceptions. (I). Junkyards 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 , (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. 3 e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. (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. 36-29. Reserved Sec. 36-30. 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 publicly 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 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 underlying zone retaining its original designation of P. DIVISION 2. OVERLAY ZONES Sec. 36-31. Flood hazard overlay zones - 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 proba- bility 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 preliminary revised Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated May 17, 1984, provided by the Federal Emergency Management Agency as the official 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 Emergency Management Agency. reliance on these regulations or any administrative decision lawfully made hereunder. (g) Establishment of Floodplain Overlay (OFP) Zone and Floodway Overlay (OFW) Zone. The City hereby establishes a Floodplain Overlay (DFP) Zone and a Floodway Overlay (OFW) Zone which boundaries are those of the designated 100 year flood and the designated floodway respectively, as shown on the Flood n / Boundary and Floodway Map. The OFP Zone includes the OFW Zone. i{/ (o (h) Public inspection. The City maintains for public inspection the following: c� (1) A Flood Hazard Boundary Map, a Flood. Insurance Rate Map, and a Flood ��, •7>� 3 / Boundary and Floodway Map. (2) Certificates of flood proofing (with building permits as applica- ble). (3) For all new or substantially improved buildings in the floodplains: 11 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 floodproofed and to what • elevation. Sec. 36-32. Same - 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 Hap 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 preliminary revised Flood Insurance Rate Map (FIRM), assuming only that encroachment on the floodplain that existed when the preliminary revised Flood Insurance Rate Map dated May 17, 1984 was adopted. 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. (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 FEMA, 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 FEMA 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 addi- tions, changes, or adjustments to structures which reduce or eliminate 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 in the Flood Boundary and Floodway Map. (q) Fioodway 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 combination 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 installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). (v) Mobile home park or subdivision new. mobile home lots for rent or Landcn divided into two or moreo servicingsale for which the construction of facilities for minimum, the lots on which the mobile homes are to be affixed (including at the installation of utilities, either final site r pouring of concrete pads, and the construction of after the effective date of flood mans grading or th• gement regulationsradoptedob Fenced on t of (w) Reach. y the City. a )tream o. rAvhrdraaulic engineering term to describe longitudinal segments of An example of a reach would be the segment of a river between two consecutive bridge crossings. g stream or y (x) Substantial im rovement. Any repair, reconstruction, structure, the cost of which equals or exceeds 50 value of the co structure, eitheror improvement iofs ea Q (a) before the improvemententent of the sppraised S- ✓ / or (b) if the structure has been damaged and ibeigor repairrdisbefore the damage occurred. For the purposes of this definition substantialeimprovementtis considered to occur when the first alteration of anywall, other structural part of the structure commences, whether altera- tion affects the external ceiling, floor or onver, tslude externher dimensions of the or note that doeso , 1 structure. The term u not, o comply with existing state(or localp health, sanitary improvement ofy a structure specifica- tionstwhich are solely necessarysanitary living safety codeor (2) nalteration of a structure listed ontthesNateionaleRegister of H�is�toric Places or the State Inventory (2) any 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. Sec.'36-33. Same - Floodplain Overlay (OFP) Zone regulations. The uses and regulations applicable to development in the Floodplain Overlay Zone are as follows: (a) Uses ermitted. Any use as permitted by the underlying zone shall be permitte in the Zone upon meeting the conditions and requirements pr - scribed in this zone. (b) Requir`s (1) In areas where water depths in the 100 , range between (I) and three (3) feet, all new construction andsubstantialimprovements ilk of non-residential and residential buildings shall have the lowet floor, including basement, elevated above the crown of the nearest street or above the depth number behind the "AO" designation on the Flood Insurance Rate Map, whichever is higher. Alternatively, non-residential tary faciities, may becompletely uflood�prroofedutos, incldintthethighestmlevel uility ad �mentionedlabove. The walls and basement floor shall be completely waterproofed and built to withstand lateral and uplift water pressure. (2) In areas A1-A30, all new construction and substantial improvements 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 regis- tered 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. „Continued from Page 108. (4) All new individual mobile homes, new mobile home parks, expansions of mobile home parks, and mobile home parks where the repair, recon- struction or improvements of the streets, utilities and pads equal or - exceed 50% of their value before the repair, reconstruction improvement was started, shall have stands or lots that are elevated on compacted fill or mobile home will beator above 9the s o100hyear at hfloolowest j Ye�las of the the Flood Insurance Rate Map and adequate surface drainage a andacceson s for a hauler are provided. When mobile homes are placed n the lot must be large enough to have steps up to the mobilehome. TThe pilings must be reinforced if they are more than six and they must be placed in stable soil on 10 foot centers6orfet high (5) Individual building permits shall be required forless. any mobile home in the floodplain where water depths the placement of or greater in a 100 year flood. P are one (1) foot (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) additional 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 shall 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 alternative 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 floodplain to verify that appropriate permits have been obtained from the Iowa Department of Water, Air and Waste Management. and to ensure compli- ance with section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334. cated in a side or rear yard-lthccessabove ildi grementszero lot line dwelling shall compy lo shall not be located in the required 10 foot side yard. c. Setback from alley. When a garage or carport is entered directly located closer than 10 feet from from an alley, it shall not be the alley right-of-way line. (3) Setback from principal building. No or tion of the a accessorincipal bubuilding shallbe located closer than six (6) (4) Maximum rear yard coverage. In R zones, accessory buildings shall not occupy more than 30 percent of the rear yard area. d structures hall not (5) Acas an s heightheigof 15 ht'feet cinsRrzoynesuilnorgthe a imum height (5) principal building in other zones. Attached accessory buildings, Attached accessory buildings shall be (b) principal buildings. Attached garages located pursuant to the requirements for Continued to Page 13B. 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(2) The storage or processing of materials that are buoyant, flammab;', 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, ,/ fP the Board shall consider the following factors although not limited to such l/ factors: (1) The probability that materials may be swept onto other lands or gs- , 3 7 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 individual 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. Same - Non-conforming structures. (a) If any non-conforming structure is destroyed by any means, including '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 structure 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 the Flood Insurance Rate Map. (2) If a structure .is located in the floodway fringe it may be recon- structed 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 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. 36-31. Same - Variances. (a) General requirements for granting of a variance. In all circumstances 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 tepartment of Water, Air and Water 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. Secs. 36-38 - 36-43. Reserved. Sec. 36-44. River Corridor Overlay (ORC) Zone'- Generally. (a) Findings. The Iowa River and adjacent land are valuable natural re- sources, 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 communi- ties; (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 copying. 3 Sec. 36-45. Same - Definitions. The following definitions apply only in the interpretation and enforcement of 2 q the regulations of the River Corridor Overlay Zone: j— 3 J / (a) Floodway encroachment lines. The lines markfng 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 Dine at 6,000 cubic feet per second (cfs) outflow from the Coralville dam. Sec. 36-46. Same - 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 requirements of Subsection (b) of this section. In addition, commercial river recreational uses shall be permitted in underlying industrial and commercial zones. (b) General requirements. All development shall meet the following require- ments: (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 amend= ments 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 Standards 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 Engi- neers, 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 (Perform- ance Standards); (8) Signs, except public signs, shall not be located within 100 feet or 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 procedures of Chapter 27, Article III, Divisions 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 requirements of Chapter 27, Article III, the following information shall be provided on or within 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; g. Location, type, size and general description of existing vegeta- tion, vegetation proposed for removal and proposed landscape materials which will be added to the site as part of the develop- ment; h. An erosion control and sedimentation plan as required by applica- ble provisions of the Design Standards for Public Works Improve- ments 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 OPD-H regulations, as specified in Sec. 36-47 without applying for a change in zoning. Sec. 36-47. Planned Development Housing Overlay (OPD-H) Zone. (a) Preliminary plan. Whenever the owner of a tract of land, composing an 3 3 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 ? 3 q / preliminary plan for the use and development of the tract of land may show S{s-- J 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 scale of 1" _ 100', said plan to show: a. Contours of 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 population 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 a.proval. Procedure for preliminary approval of any planned development shall be in accordance with the 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: (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 inde- pendent 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 restric- tive 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 rico conform to the requirements of rites - aaa; 'pau(eap ((am 'paa}o.Ad ao paso1oua aq (lays seaae fe(d paDua4 {f) •spaeA }o apis ao }uoa; D4} ui pa}}!woad aq ((e4s }uawdlnba punoa6Ce(d ow {Z) •papl,ioad DP (legs awl} uanEe gee }e eaae ap bulsn Pll4d aad }aa; aaenbs OOi ue4} ss al lou ;o eaae Feld coop}no pa wa; d ll) ue awl} p 0e sano4 (Z) o,e ue41• aaow ao; ao; pane) as o} aae uaupl6yD (9) xis ue4} aaow u�l{M 1,'1dde (Leos s}uawaalnbaa 6ulMol(o; a41,_ :;5.2:TifWeT5.75 deM-;o-}46 }aaaas ao Dull as aq (legs slot. (elanq .to saneJ6 ((e pue }aa; Ol uey} ssa( }eau�SeQo aui( }aadoad Aue woa; uawnuow }uauewaad aul( FeM-bo }46a } n a�ueua}ulew ao s} (,l nnu lion las as ileus 6u• q ins--Iow. City PreaeCltizen—Friday, Sun8 14, 1980 OFFICIAL PUBLICATION • ':Continued from Page 118. (such hearing, which notice shall first be published in a newspaper having 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 n ;all respects to other obligations of this Chapter. 'f d • z•(h) Buildincilng plermits. The final plan or parts thereof as finally approved by r9 onstruction permitl s shall beth the issued8on thegbasiscoficonformancenwithl thea plan. D S- 3 Minor changes in building arrangements that do not substantially alter the .Character of the development pre allowable. Any other changes, including „changes in street locations, land use :and buildingarrangements, 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 gelated to such changes. is -In the event commercial uses are approved as a part of a'planned development, a building permit for thecommercial uses shall not be issued until a minimum of 25% of the housing units planned for the area (or approvedsubarea) have been completed or unless 25% of the housing units planned for the area (or approved s.subarea) will be built simultaneously. Separate building permits shall be iphiained 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. Secs. 36-48 - 36-52. Reserved. r.=Sic.-36-53. Historic Preservation Overlay (OHP) Zone - General. - !l(a) Purpose. The purpose of the OHP Zone is to: iW . :(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 air • of Iowa City; (2) Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural " significance; (3) Stabilizeand improve .property values by. conservation of historic properties; _'(4t Foster civics pride in the legacy of beauty.and achievements of the past; -,_($) Protect and'enhance the City'sattractioof'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. - (b) Descriptions. An OHP zone is an area that contains abutting,pieces of property under diverse ownership which:. (1) Are significant to American history, architecture, archaeology and - culture or Iowa City history, architecture, archaeology and culture. +^ ,(2-) -Possess integrity of location, design, setting, materials and work- manship,. (3) Areassociatedwith events that have made a significant contribution to the broad patterns of our history, or r ;(d)'Are associated with the lives of persons significant in our past, or (5) Embody thedistinctive characteristics of a type, period, method of - construction; represent the work of a master; possess high artistic - values; represent a significant and distinguishable entity whose components may lack individual distinction. 16) Have yielded, or may be likely to yield, information important in pre-history or history. Sec.-36-54. Procedures for Designation of OHP Zones. (a) The Historic Preservation Commission may make a-report recommending that ' an area he designated an OHP zone. Before any reportor recommendation is submitted to the Planning' and Zoning Commission for review, the Historic Presereatfon Commission shall hold a_public hearing on any proposal to desig- nate an area as an DHP zone. The Historic-Preservation Commission shall give prior notice of the time, date, place and subject matter of such hearing. Such notice.`shall be served by-ordinary mail addressed to each property owner of land included- within such proposed OHP zohe at his/her last known address. If the address of any property owner is Unknown,. such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in qugst`on. _ The City Clerk shall file an affidavit of mailing setting forth the names, addresses, and date of mailing'of all property owners notified pursuant to-thissection. Such-affidavit shall be filed with the City Clerk in the records of his/her office. After this public hearing the Historic Preservation Commission shall submit its report to. the Planning and Zoning Commission and shall include a proposed ordinance establishing'such OHP zone and describing ' the boundary. A-,copy of the reportshall also be submitted to the Office of Historic Preser- vation of the Iowa State Historical Department for review and recommendations concerning the proposed area. Camients from the- Office of Historic Preserva- tion regarding the proposed area shall be received by the City prior to the ' date of any action taken by the Planning and Zoning Commission which sets forth ;;recommendations to the City Council on en ordinance establishing the proposed araa-as' an OHP zone. -(b)' Within 60 days of the receipt of the report, of recommendations from the =Historic Preservation Commission and the Office of Historic Preservation of the ' Iowa State Historical Department, and of the proposed ordinance, the Planning ,and Zoning Commission shall submit its recommendations to the City Council with respect to the relation of such designation to the comprehensive plan zoning. ordinance, proposed public improvements and other plans for the renewal of the :area involved. The Planning and Zoning Commission shall recommend approval, mm 1Sapprovai or modification of the proposed OHP zone, Upon submission of the •riport of the Planning and Zoning Commission, or upon the expiration of the 60 ' 'day period, the matter shall be transmitted to the City Council. The Historic ' Preservation Commission shall be advised of any modifications to the proposed 4 _.010 zone which are recommended by the Planning and Zoning Commission. 1 (C) Sr tne area or tne proposeu unr Limic oa twin.... .a , tion Commission is altered by the Planning and Zoning Commission, the City Council shall submit.a description of the altered proposed area of historical -significance or the petition describing the area, to the Office of Historic • Preservation of the Iowa State Historical Department for review and recommenda- tions concerning the proposed area. (d) The recommendations from the Office of Historic Preservation concerning the proposed area or altered proposed area shall be received by the City prior to setting a public hearing conducted by the City Council on an ordinance S, / p Preservation an shall be OHP nmadee. A availableendaby ithe ions'Cimtye toby the pu lthe iic for ce of Hviewing fo Q during normal working hours at a city government pace of public access. Upon receiving the recommend/if-ons a th. Office of Historic Preservation on OS_ 3 a 3 9 -Sthe proposed area and/or altered proposed area, the City Council shall provide O nottoe of such hearing as provided by law and conduct a public hearing on the '-`ordinance establishing an OHP zone. The Council may adopt or reject the '_ordinance or may refer the OHP zone designation to the Historic Preservation kCommlssion for modification. If the Council refers the OHP zone designation to the Historic Preservation Commission for modification, the procedures described in subsections (a) through (d) of this section shall be followed, with the reaceptions that, unless substantial modifications are proposed, the public :Nearing requirement described in subsection (a). may be waived, and only property owners affected by the Council's proposed modification shall be ,,notified by mail of the modification prior to action by the Historic Preserve- ' tion Commission. DIVISION 3. ADDITIONAL REGULATIONS Sec. 36-55. Use and requirements. es or L tionsfollowing nivar iiousr zonesinthis uses re listed Chapter. as These ueprovisional are srequireto special c meet the regulations indicated, in addition to the regulations of the zone in which the pses 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. 48) Airports, heliports and helistops. (1) requirementslforpthesufficient The area classof airport proposed. Federal Aviation Agency's proposed (2) No existing tall structures or natural obstructions outside the proposed airport, whichwould protrude above the approach shallzones es - established for the proposed runways or landing strips, permitted to remain. (3) Certification shall be obtained from the Federal Aviation Administra- tion 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) Areas. Any new cemetery shall be located on a site containing not i'- 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 streetright-of-way line and all graves or burial lots shall be set pack not less than 10 feet •- - from any property line or street right-of-way. • - (c) Child care facilities. - - • :Thi. following requirements shall apply when more than six (6) children are to "tie 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 free hazards, and shall be readily accessible to the center. (4) The center shall be provided with at least 35 square feet of accessi- ble, 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 - no 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. i2. The maximum permitted building coverage shall be 15%. -(e) Drive-in theaters. (I) 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 toprovide 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. (I) Where the abutting lot has been developed with a•principal 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 so that there is a minimum of 10 feet between unattached buildings. An easement from theabutting 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 appurtenanceon the zero side yard G O e ' shall project over- the lot line. Openings In the wall shall be G prohibited. .(3) Legal provision shall be made for permanent access for the mainte- pL- ' nance of the exterior portion of the proposed building wall located 3 l upon the lot line and for other common elements such as aisles. A permanent ten fbot 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: 1. The height of, the.highest building; or ' 1. Eight,(8) feet plus two (2) feet for each additional story above the,second story, provided that no window of a dwelling unit islocated 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 above conditions 1, 2 or 3 shall apply to a building' for elderly housing and a building'on an abutting lot. Elderly Adjecant Mousing q -- Building ni • 1 2 'N.-Windw 5111 (h) Extraction. • (1) Approval of 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. • (1) Funeral homes. (1) Funeral homes shall be- located with access to a secondary or primary arterial streetas 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 on 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 be constructed in such a manner that no _ o•'tdnrr ctarann nr caborr n.or•t#n r,.,1 nr •t-o,e s...- n f •aaa}a ay; uroa; paMata aq ;ouueo 6a4; aaa4M pueaaata ay; o; ssaooe tenstn atedw} you op Fay; aaayi 6tuo paleoot ssatun mitt ;uawgoeo.nua 6eMpoolJ 04; 10 laa; 001 4141Im pa;esot eq you ago 'sub's ottend adaoxe 'sub}S (8) !(spaepue;s eau/ -wao;aad) 9L-gE 'pasg7VM eouepa000e ut papteoad -eq 'Jays 6utuaans (L) d;}t}qe;s ;ueq sap}goad leg; uo};e;afian jo ;uawaoetdaa ao uotlua;a8 (g) sI sa o ane pup saoua aatM 'sew as !;da xay'sa0-4i au 1P g 7 P b 3 }1 ;o asn ay; ;pp ;dwxa vaau -1bu3 ;o sdao3 6way 'S'n e4; Rq pagsttgnd spoglaw to;uoa uotsoa3 guegweaa;s ut saanscaw uoµona;suoo o; 6ucpaoaoe paysttdw000e aq Few to;uoo uo}soa3 'slam o}tgnd ao; spaepue;s ufiisag 61(3 ego) 944 jo sjuawaa}nbaa atgeottdde ay; y;tx agueuuoguo u} toa;uoo uo}soa3 (5) !s;00(1 ottgnd Jo; spaepue;s ub}sa0 6;t3 eno1•a4; 4o a. Minimum lot area: 40,000 square feet. - --- b. Minimum yards. Two feet of horizontal distance shall be provided far each foot of building height measured between the nearest • 0 point of any lot line and the nearestpoint from which the height is measured. (n) Stables. Such structures shall be located at least 1000 feet from any R zone boon ary, 3 7 y ARTICLE III. ACCESSORY USES AND REQUIREMENTS 1 Sec. 36-56Dq ,_ Permitted accessory uses and buildings. 3_i._ 37 3 • Accessory uses, buildings or other structures customarily incidental 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 specificrequirements contained herein. The accessory uses, buildings or other structures permitted in each zone may include the following: ' (a) In the ID Zone. (I) 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 Set. 36-64. (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 much a stand shall not contain more than 600 square feet of floor area, the stand is located not less than 20 feet free a street, and access to the stand is froman 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-I, R5-5, RS-8 and RMH Zones. •' (1) 'Communication towers and satellite receivingdevices 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. 0 (2) Fences as regulated by Sec. 36-64. (3) Gazebos, enclosed patios and similar buildings for passive recrea- tional use. (4) Home occupations provided that no homeoccupation 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. • G. 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) Privategreenhouses 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-strut 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 maybe any accessory use provided that: a. Except in the CI-I Zone, the floor area for storage and warehous- . ing shall not exceed 40 percent of the total floor area. b. Fences are erected according to Sec. 36-64. U c. Off-street parking and loading are provided according to Sec. 36-58 and Sec. 36-59. S-3-? 3 9 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. 36.641 (2) Off-street parking and loading are provided according. to Sec. 36-58 •and Sec.- 36'50- (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 constructed 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 buildingshall not be located closer than five (5) feet to a side lot lineor a rear lot line; however, an accessory building maybe 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 ar alley, it shall not be located closer than 10 feet from the alley right-of-way line. - (3) Setback from principal building. Noportion 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 30 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 heightpermitted 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 Continued from Page 12B. and carports shall be located on a lot so that a minimum 20 foot length 'aisle" between the building and the street right-of-way line is provided. -_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: 9 • ' (a) Required number of off-street parkin. spaces. In all zones, except in the C8-10 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 L'/I) Residential uses. a. Family care facility Where permitted Four (4) parking spaces. .v- ro. b. Hotels and motels 1. Where permitted One and a quarter (-1-1/4) J except CU-1D parking spaces, for each °" guest unit. 2. 08.10 Parking spaces shall be furnished by providing spaces within a publicly owned parking facility s^ 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 (1-1/4) parking spaces for each guest unit on the same lot as the use served or within 300 feet. c. Mobile and Modular 1901 Two (2) parking spaces for hones, each hone. d. Multi-family dwellings 1. wnere.permicteo Mccorming no mile ro nur u.y except high- table: rises in the Parking R1-145 and 68-2 Floor area spaces per zones (sq. ft.) dwelling unit L • up to 800 1.5 800 E over 2.0 ' 2. High-rises in One (1) space for each the RM-145 and dwelling unit. C8 / , (o, CB-2 zones. e, Multi-family dwellings 1. Where permitted One (1) parking space for (elderly housing) • texet B-10 CB-2 and each dwelling unit. is.e 0 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 . units. 5.. f. Rooming houses and When'permitted One (1) parking space for apartment.hotels each 200 square feet of ai floor area. -3 g. Fraternity/sorority Where permitted One (1) parking space for houses each 300 square feet of floor area. YL h. Single family dwell- Where permitted Two (2) parking spaces for ings, duplexes and each dwelling unit. ,r-_ townhouse units. i. Transient housing. Where permitted One-quarter (1/4) parking space per occupant, based on the maximum number of occupants. (2) Commercial uses. a• 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 spacefor each two (2) wash racks. Maximum capacity, in this instance, shall mean the greatest oa number of automobiles undergoing some phase of laundering at the saam time. b. Automobile gasoline Where permitted One (1) parking space for _and service stations. each island of pumps and no • each service stall plus one (1) parking space for each four (4) pumps and service . stall. Parking spaces shall be provided in lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. c. Automobile 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 for • loan institutions, - each 200 square feet 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 butneed not exceed 18 total • spaces. e. Funeral homes. Where permitted Parking spaces equal in number to one-half (1/2) the occupant load in the chapel. e SSL etiod 04 Penul+ao3 email '(q)6g-gE 'nag ;o s;ueumu4nbaz a41 411H Atduoo limits pue pa;oaJa eq eceo sub's 6utmott0; ayl ';.uuad e bu14nbaa suOlS (Z) Ja. SV •su64s °Les WeA 'E ;r •sMopuLM ut sub's ;uaueuuad-uou vag1d pue sza;sod 'Z Aj a41 ut suets pa'1e s subtsed o; suapaidai eoll LL d 's uozlgeati uI 'FL ail o; uuo;uoo Ll 4 1 •elep uo1loata ay; • asp sKep (L) uanas uey; asset ou paaotheJ eq lteys su6ts yons lie pue obis ay; uo paleo'put ansst Jo a1 eptpueo ay; ao; uoloate ay; 4o a;ep ay; o; aotud q eys ssas ma d u e Luea Ketdspalsaaa ae sou 'ease is yon; •sas4maud wee uo Da6e LdsyD aq Sem 'eaue u' ;aa; ouenbs (zi) aataMl paaoxa /COW yoiyM ;o auou su64s Leoi;4lod Da;guI tt4-uou 'sauoz tet;uaptsaa u1 '1 s;uauslu4nbau 6u'Mo LLo; 4 ay; 01 ;1a(gns eq LL24s su6Ls L2111110d 'subts Leo"ltod '1 A ' OFFICIAL PUBLICATION 416 g 62 consumption on the spaces equal in number to premises, one-third (1/3). the occupant load of the S - 325 2 3 9 seating area, whichever is .7 less. r. Restaurants - drive- Where permitted One (1) parking •space for in or carry out, each 50 square feet of floor area, but not less than 5 spaces. a. Retail stores and Where permitted One (1) parking space for • shops (other than each 200 square feet of • listed). retail floor area. t. Studios and stations - Where,permitted One (1) perking space for radio and television, each 400 square feet of , floor area. (3) Industrial uses. . a. Contractor and con- Where permitted The sum total of parking struction establish- spaces shall be determined ments and yards. on the basis of the parking spaces required for uses individually such as office area and warehouse space. i b. Junk yards. Where permitted The sumtotal of parking spaces shall be determined • on the basis of the parking spaces required for uses individually such as office area and garage space. c. Laboratories Where permitted One (1) space for each 600 research, develop- square feet of floor area. ment and testing, • • d. Manufacturing or Where permitted One (1) parking space for establishments engaged each 600 squarefeetof in production. proses- area. ing, packing.and 1 crating, cleaning. • servicing or repair of ' materials, goods, or `. products. e. Motor and railroad Where permitted One (1) parking space for I freight terminals— each 800 square feet,of cartage, express and floor area. 1 parcel delivery,. I f. Printing and publish- Where permitted One (1) parking space for ' ing establishments. each 300 square feet of ' 1 - floor area. 1 g. Warehouses. Where..permitted According to the following. table: ' 4 . Se. ft. of gross Number of • 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 (1). additional for each 5,000 , square feet above 25,000 square feet. (4) Institutional uses. a. Civic, cultural Where permitted One (1) parking space for and historical each 800 square feet of institutions- floor area used or intended to be used by the public. b. Homos. - children's Where permitted For group care facilities aged, convalescent, and children's homes, one rest and nursing (1) parking space for each homes and group care staff member determined by facilities- themaximum 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 for private instruction,, each. classroom. , senior high. , f. Schools - daycare Where permitted One (I) parking space, 1 center/preschool, which may be located on a regularly constructed ' aisle, for each six (6) children. recreation, entertainment•~• _ - and amusement. a. Bowlingalleys.y Where permitted Four (4) parking spaces for 1 each alley.. Pi 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 47/ y the largest room in the jf building whichever is greater. p c. Establishments or enter- SS-- 3 .23 9 prisesof a recreational or an entertainment nature (for Uses nototherwise listed): 1. Spectator type- Where permitted Parking spaces equal in auditoriums, sports number to one-fourth 11/4) arenas, theaters, the occupant load of the stadiums, and meet- seating area. ing halls. 2. Participating type Where:permitted Parking spaces equal in - skating rinks, number to two-thirds (2/3) dance halls, tennis the Occupant load of the courts, swimming area used for the partici- pools, archery patory sportor activity. ranges, gymnasiums, - pool hall's. d. Golf course. Where permitted. Three (3). parking spades. for each green (hale). e. Golf driving range. Where permitted One (I) parking space for each tee, if provided, or one, (1) parking space for each.20 feet of range width (along the tees). • f. Libraries, museums Where permitted One (1) parkingapacefor • and art galleries. each 300 square, feet of • floor area. A. Religious institu- Where permitted Parking spaces 'equal in tions, number to one-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 Gfficial. , • (b) General rules applicable to off-street parking. The following rulesshall 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 parkingand stacking spaces required is the closest whole number. (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 effectivedate of this Chapter it 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 ail 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 pe converted to another Lose 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 presentlyexist; and sr b. 1n'addition to the spaces required under subparagraph a, or sif subparagrapha. is notapplicable, as many additional parking' er 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 requaded 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.. and 'stacking spates, drives and aisle shall be.. constructed of asphalt, concrete or similar permanentdust free surface. (2) pesign. Except for single family dwellings (including zero lot Line and townhouse units) and duplexes, parking and .stacking spaces, aisles and'drivesshall be designated' as follows: a. Parking areas shall. have 'the minimum::dimensions illustrated:in Figure'1 fdr each of the .parking configuration; permitted (where the edges of parking spates 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), -- _ _ - _ ' - - I 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 parkingspaces are signed "Compact Vehicles Only.' i 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. �11 FiGu�E I 7 6 PAEKIN4 O NgC,VzQTI046 AN9 DiriSNISlonth • 51ANDAZD ' IGLES CoMPAGr VEHIGLE5 32 37 ' �zf_.J.-zr-_.-`_xY--� , rr "H'—ITHr-Vi'� cue,RtCALLEt $.5-- P ex 1 II I1 110' I ; .�,j 1 I ...J 14.,..:...1_i I, AYOE "9'-1•1�� o• AstAX HIV-4-1 ,,Ib � I�— Ie. I 18-1.-la'—I I 3'4uss 1.-1✓±it;±'If:+irr4<yee IQ' ;4111111, 1 e1 j. I 1 „ �'/K .415t41 ^ Y ,un1.e- "' . I t • hin 12e'TC7y 7'r on. ..-tar.iia".t.II<� � z'r� en I -. It: �.'\e I AISLE !le v2ln's•1` e m'q'I�'- .�.gij./Y�2'r. �.04E0.4£ I I 6004 11 /I v , 3r . , AISLE I6' t l • GLEE 9CO 1 } 141' . II51-�- !- 32, n' lI .. AroLS sY t t • d. The greatest aisle width shown in Figure 1 shall be provided when combining different parking space configurations on the same aisle. e. 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 (including zero lot line and townhouse units) and duplexes, when located pursuant to the • requirements of this Chapter, one space may he 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. If the number of parking spaces required or provided for a use et' a combination of uses on a lot is greater than eight (8) spaces, none of those spaces may be located in such a manner that would require backing into an alley. -• h. Parking spaces along lotlines and alleys shall be provided with car stops or curbing so no park of a parked vehicle can extend beyond the lot line or into the alley. In addition, traffic , islands of pervious or- impervious material shall be located id that parking spaces are separated from-drives and alleys in_ a manner similar to that illustrated below_ q a; • F' '1 al: cI , '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 visibly delineated.on the surface by painted or marked stripes. .. • k. If two or more parking areas on a lot are connected' by a drape, ' the parking areas shall be designed so 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. _ _ _ __ I ' 1. Off-street parking and stacking spaces, aisles and drives I shall be located on the same lot as the use served except as Lw 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. / p 3. Parking areas in a C or I zone shall not be located closer 4/3 /fi 6 p than five (5) feet to an R zone. 4. Except for single family dwellings- (including zero lot line D 2 and townhouse units) and duplexes, no parking space shall be. p-' Z 3 located closer than five (5) feet to a ground floor doorway or a window of a dwelling unit. 0 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 thefront yard on a regularly constructed aisYe 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 Continued from Page 138, • than 50 feet to a street. 5. Where the paved surface of a streetis narrower in width than 28 feet, four (4) of the parking, spaces required by Chapter 32 (Subdivision Regulations) maybe located in the front yard on a regularly constructed aisle. c. Side yard. Except fbr''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 portionof 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 sharethe 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 CBz2 zone, off-street parking and stacking spaces, aisles and drives may be located on a separate lot from the useserved 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 shallbe filed with the 'Board by the owners of the entire land area to be included within the speciallocation plan and shall 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 tothe nearest point of the building that the parking area isrequired to serve, shall not be greater than 300 feet. b. In I and ORP zones, the nearestpoint of the parking area to the nearest point of the building' that the parking area is required r to serve, shall not be greater than 600 feet. (3) Where off-street parking is used jointly by two (2) or more uses the t6.: '• number of parking, spaces- shall be equal to the sum total of off-street parking space requirements of all such uses. (4) lip 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 notnormally open, used or operated during the same hours. (5) A written agreement properly executed by the owners within thearea 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 covenant running with the land. (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 facil- ity, 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 parking and I stacking spaces, aisles and drives, on a lot separate from the use served in terms of pedestrian and vehicular traffic safety and any f detrimental effects such off-streets parking and stacking spaces, aisles and drives may have_on adjacent property. _ screening of ec. 6-7b(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 frau 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 ! 4/ 4g ' street from a lot with a residentialuse 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 q provided in Sec. 36-76(j). O S_ 3A 3 / ' -(3) The materials for screening and the placement shall comply with the ' D regulations of Sec. 36-76(j). ' ' (4)' The Board of Adjustment may grant a special exception to modify the screening el When a'parking area requires screening as - • provided in "subparagraphs (1) and (2) above, when neither the lot on ' which the parking area is located and the lot abutting or across the street are zoned RS. The special exception shall be subject toall the requirements of Section 36-91(g) and may only be granted when the applicant.. can demonstrate that modification of screening requirements would better serve the public interest than would strict canpliance with said requirements. Public interest may include but is not limited to reasons of publicsafety or aesthetics. In no case shall a special exception be granted to modify the screening requirements for a lot abutting or across the street frau a lot in an RS zone. ,--; (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 regdirements': - (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 con- structed 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. (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 camel; with the following require- ments: •, (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 an any lot in an R zone except for the purpose of making local deliveries. • (h)'' Parking for handicappedpersons. Where a-use is required to provide ' 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 andlocated • with themost 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 I :specific use has such characteristics that thenumber of parking or stacking ' fl Spaces required is too restrictive, the Board of Adjustment may grant a special ' 'exception to allow not more than a 50percent 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 provided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces. With any retail use, warehouse, supply house, wholesaledistributor, manufacturing establishment, 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 Minimum Required Number Gross 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 r20,000 to 160,000 5 For each additional 80,000 1 additional (b) General rules applicable to off-street loading. Except as otherwise 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 frau such areas onto streets and alleys which do not have ' adequate drainage facilities. • (d) Loading space location. (1)' 'Except in the CB-2 zone, leading spaces shall be located so that trucks or vans to be loaded or unloaded do not back onto or out of a street. 8 OFFICIAL PUBLICATION n G (2) In R or ORP zones and in the C and I zones within 50'feet of an R or 9'S 6 Q ORP zone, no loading space shall be located is the front yard. U (3) Loading spaces may be provided within a side or rear yard but shall . 7 3 9 not be located closer than five (5) feet. to a lot. line. ; Sec. 36-60. Sign regulations. (a) Intent. It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the community, to Protect. property values and to promotethe preservation of Iowa • City's areas of natural, historic and scenic beauty. It is further intended to reduce distractions and obstructions that may contribute to trafficaccidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide far a reasonable opportunity for allsign users to display signs.for identification withoutinterference from other signage, to provide for fair and equitable treatment of all sign users, and to establish a reasonable period of time for the elimination of nonconforming signs. (b) General rules and applicability. (1) No sign on private property shall be erected or changed in any manner without compliance with the regulations stated herein. Routine maintenance shall not be subject to this, Chapter. (2) These regulationsare intended to be exclusionary and any sign not specifically listed shall be prohibited. • (3) Theseregulations are structured within the two general categor ries of temporary and permanent signs. Temporary signs are governed by the provisions of Section 36-62(a)(1)f. Permanent signs, may be either off-premises or on-premises signs. ; Off-premises signs are governed by the provisions of Section 36-62(a)(2)j. All on-promises signs are governed by the regulations of the zone in which they are located. (4) In all lanesa maximum sign allowance is permitted for all permanent signs placed on a building. Any quantity or'type of building sign may be.erected within this maximum allowance and according to the specific requirements of the zone in which the building is located. ' The building sign allowance shall relate to the wall on which a ' sign is to be placed and shall be determined by calculating a percentage of the total squarefootage of the sign wall, as specified in the zone. In the case of two or more uses or occupants in a single building, the total building signage on a •wall for all the uses shall not exceed the maximum building sign allowance for that wall Free-standing signs, monument signs, or any other signs not ' mounted on a building are not included in this maximum building sign allowance and are governed by the specific requirements of the zone. (5) Inany case in which the Code of Iowa is more restrictive, than the regulations contained herein, the 'Code of Iowa shall be applied. Sec. 36-61. Definitions.. • The following definitions shall be applicable to the provisions of the sign regulations. The definitions contained in Section 36-4 of this Chapter shall apply to all terms not herein defined: (a)(1) Advertising sign. A sign that displays the type or name of a product, good or service sold either on or off the premises on which the sign is located. (2) Animated sign. Any sign or part of a sign that moves or has in- termittent lighting. (3) Awning sign A building sign placed on thesurface of an awning, (b)(1) Balloon. An inflatable bag filled with gas and displayed in such • a way as to attract attention to the premises on which it is located. (2) Banner. A strip of flexible material such as cloth, paper or . plastic securely fastened on all corners to a building or a structure and used to advertise a special event. (3) Billboard. An off-premises sign on which poster panels or bulle- tins are mounted. Billboard signs 'are not free-standing signs or monument signs. (4) Building sign. Any sign which is in any way attached to a building-or to an appurtenance of a building. (c)(1) Canopy sign. A building sign attached to or in any way incorpo- rated with the face or underside of a canopy, marquee, or any ' other similar building projection, and which does notextend beyond the projection by more than six (6), inches. • (2) Changeable,copy sign. A sign, such as a reader board, which has: • components' which are easily changeable by physical and not electronic methods. e (3) Cannon sign. A sign which serves two (2), or more uses. (4) Construction sign. A temporary sign identifying the architects, engineers, contractors and other individuals involved in the con- struction of a building and/or announcing the future use of the building. (d)(1) Development sign. A monument sign designating the name of a sub- ' division or large scale development. (2) Directional sign. A ,sign..designed to guide or direct pedestrian or vehicular traffic and containing no advertising message. (3) Directory sign. A sign displaying the name of a building, building complex and/or the..occupants. (4) Drive-thru restaurant menu sign. A sign displaying a Deno or ' similar advertising for the purpose of allowing patrons of a restaurant • to order food ata drive-thru fa;111ty,,_____ ___.i ;e)(1) tiectronic sign. A sign on which a changing message is displayed through the use of an electronically controlled and illuminated medium. An electronic sign is considered to be an animated sign. (f)(1) Facia sign. A single-faced building sign which is 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 fromvertical walls nor more than one (1) foot out at the signs closest point from nonvertical walls. (2) Filling station signs. Signage which generally appears as an integral ,part of the equipment accessory to automotive service motorstatinsing of ons vehicle fuelr ors oil,lincludingents but buts nota the limitedi to gasoline a pumps; oil display racks, and portable tire racks. O-S' 3 3 (3) Flag, private. A private flag is any flag displaying the name, insignia, logo or emblem of an individual'or a profit-making entity. (4) Flag, public. A public flag is any flag displaying the name, insignia, emblem or logo of the United States, the State of Iowa, the City, or a non-profit organization or institution. (5) Free standing sign. A sign which is supported by one or more up-rights or braces which are firmly and permanently anchored in or on the ground, and which is not attached to any building or wall. (g)(1) Grand opening sign. See 'Special event sign." (2) Going-out-of-business sign. A sign announcing a sale resulting. from the termination of a business on the premises. (h)(1) Hazardous sign. A. sign which, because of its construction or state of disrepair may fall or cause possible injury to pas- sers-by, as determined by the City; a sign which because of its location, color, illumination, or animation, interferes with, obstructs the view of, or is confused with any authorized traffic • sign, signal, or device; or a sign which makes use of the words word, phrase, symbol,'caution," characterv Ine such'danger,' suchaway as to interfere with, mislead, or confuse traffic. (i)(1) Identification sign. A sign displaying the name, address, crest, insignia or trademark, occupation or profession of an occupant of a building or the name of any building on the premises. (2) Illuminated sign. Any sign in which a source of light is used to make the message readable. An illuminated sign need not be an electronic sign. (3) Institutional sign. A sign which displays the nameof a religious institution, school, library, community center, civic, cultural or historic institution, nursing home, hospital or similar institu- tion and the announcement of its services or activities. (4) Integral sign. A sign carved into stone, concrete or other building material, or made of bronze, aluminum or other permanent type of construction and made a ,part of thebuilding to which it is attached. (j) Reserved. (k) Reserved. (1) Reserved. (m)(1) Marquee sign. See "Canopy Sign."' (2) Monument sign. A sign which is integral to its base and is firmly anchored to the ground. (n)(1) Non-conforming sign. A sign other than a prohibited sign, that does not comply with the regulations of the zone in which it is located by reason of these or any other regulations adopted after the erection of the sign. (o)(1) Obsolete sign. A sign that advertises an activity, business, product, or service no longer conducted. (2) Off-premises sign. A.sign which directs attention to a use conducted off the lot on which the sign is located. (3) On-premises sign. A sign which has the primary purpose of identi- fying or directing attention to the lot on which the sign is located. (p)(1) Painted sign. A sign painted directly on an exterior surface of a building other than the windows. (2) Parapet sign. A facia sign erected on a parapet or a parapet wall. (3) Permitted sign. A sign which is allowed in the zone in which it is listed, subject to compliance with the requirements of the sign regulations. (4) Portable sign. A sign that is not firmly and permanently anchored or secured to either a building or theground and is not expressly permitted under these regulations as a temporary 'sign. (5) Political sign. A temporary sign announcing candidates seeking other electioublic n information, such politicalissue, 'vote todayr .' sign olitical containingsignshall not be construed to be off-premises signs. (6-) Poster. A temporary sign on a card or sheet of paper, plastic or other similar material intended to advertise or publicize a product or event. (7) Prohibited sign. A sign, other than a non-conforming sign, not permitted by this Chapter. (8) Projecting sign. A building sign which extends more than one (1) foot out frau the wall of the building on which it is mounted. (9) Provisional sign. A sign which is permitted in a zone under certain circumstances. (10) Public art. Any work of art exposed to public view from any street right-of-way which does not contain any advertising, com- mercial symbolism such as logos and trade marks, or any represen- Cation of a product. , (11) Public sign. A sign of a non-commercial nature and in the public interest erected by or upon the order or authorization of the City or other public agency. Such signs include but are not limited to safety signs, zoning signs, memorial plaques; signs for structures or sites of historical interestand all similar signs. (q) Reserved. S7 g fOI' •(r)(1) Real estate sign. A temporary sign which advertises the sale, rental, or lease of the premises or part of the premises on which the sign is located, including open house directional signs. QS_3a3 9 (2) Roof sign• A sign erected upon or above a roof of a building and o affixed to the roof. (s)(1) Seasonal decoration. A display, which does not constitute•a sign, pertaining to recognized national, state, or local holidays and observances. (2) Sign. Any structure or medium, including itscomponent parts, which is visible to the public frau] a street or public right-of-way, and which As used or intended to be used to direct attention to a business, product, service, subject, idea, .prem- ises, or thing. Signsshall not includebuildings or landscaping. The tern sign includes,but is not limited to, all reading matter, letters, numerals pictorial representations, emblems, trademarks, inscriptions, and patterns, whether affixed to a building or sedirectional symbols building.ovedu surfaces rseasonaloindecorations, luded bin and definition. (3) Sign face. The surface of thesign upon which is affixed reading material, letters, numerals, pictorial representations, emblems, trademarks, inscriptions and/or patterns. (4) Sign wall. The .wallof a building upon which a sign is mounted including elements of the wall or any member or group of members which define the exterior boundaries of the side of the building on which thesign is mounted, and which has a slope of 45 degrees or greater with the horizontal plane. (5) Special events sign. A sign announcing grand openings, the Parade of Hanes, philanthropic events, events of non-profit • organizations, or events of civic interest. (6) Spinner. A device shaped in a form similar to a propeller and designed to rotate in the wind to attract attention to the premises-on which it is located. (7) Swinging sign. A sign which, because of, its design, construction, suspensionor attachmentis free to swing or move noticeably _ • 'because of pressure frau the wind. • (t)(1) Temporary sign. A sign intended for a period of displayof not more than 30 days, which shall be removed upon completion of the activity or project denoted by the sign. Such signs may be erected in addition to signs otherwise permitted. (2) Timeand temperature sign. An identification sign which shows the time and/or temperature. (u)(1) Use. For the purpose of the sign regulations, use shall mean a principal use as defined in this chapter. (v) Reserved- (w)(1) Window sign. A building sign permanently affixed to a window, embedded in a window or hanging adjacent to a window and obviously • intended to be viewed through the window by the public. Merchan- dise or product displays, posters, signs painted on windows and temporary signs are not included in this definition. (x) Reserved. (y)(1) Yard sale sign. A temporary .sign advertising a yard sale or a garage sale., (z) Reserved. ' Sec. 36-62. Permitted signs. (a) Signs permitted in all zones. The signs listed below shall be regulatedas described below. (1) Signs not requiring a permit. The following signs may be erected in addition to thesignage permitted in each zone without obtaining a permit. These signs shall not be applied toward the maximum sign allowance specified in the zones, except as otherwise indicated in this subsection. a. Construction signs. Non-illuminated construction signs not to exceed a total. of 64 square feet or 32. square feet per ' sign face shall be permitted for each lot. Such signs shall not exceed a height of five (5) feet in residential zones or 10 feet in other zones nor be closer than five (5) feet to any property line unless located on the wall of a building, fence, or protective barricade, surrounding the construction. Construction signs shall be removed prior to the issuance of the Certificate of Occupancy. b. Filling station signs. c. Identification signs not exceeding two (2) square feet in area. d. Informational window signs. Window signs displaying informa- tion about the operation of the business, including but not limited to days and hours of operation, telephone number and credit cards or bank cards accepted. Such signs shall not exceed a maximum,area of two (2) square feet. e. Public flags and one (1l nrivate flan disnlavm in rr.l,.__ tInn ..:... - •u}eyd Joped •slays Jagauq •sao(sed {neaq JO uaqueq yaea uo; r,;neaq - sassauisnq soaeds 6u}xaed (2) onl pa;;luuad a•layM ap}aues (egoszad 'u i •saaeds an}; uey; ssa} aq ;ou 15 aim an •uaaanoy !pap}a I woo( ;uaugeau; pue 6u}u{mexa •s};;° qua •w saaeds Supped (2) onl pa;;Imuad auayM •sa}uilo-saok410 'SR uoo}; , qaa; auenbs 0g2 ynea '•aaeds Supped (1) au0 '2-97 'Z ` ii. In other zones, political signs shall conform to the azbheicable regulations for permitted signs in the 2. Posters and other non-permanent signs in windows. 3. 4ar0 sale signs. (2) Signs requiring a permit. The following signs may be erected ilk 6 O .3,- and shall comply with the requirements of Sec. 35-64(b). Theseo J signs shall be applied toward the maximum signage allowance zF specified in each zone,'except as otherwise indicated in this • es--- 3 subsection. * a. Changeable copy signs. Such signs shall be erected in accordance with the dimensional requirements of the zone in which the signis located. b. Development signs. One (1) development sign not to exceed a total of 64 square feet or 32 square feet per sigi face shall be permitted at each streetentrance to a subdivision r, or large scale development. c. Directional signs. Such signs shall not exceed a total of `_ four (4) square feet or two (2) square feet per face in R v . zones, or a total of six (6) square feet or-ttlree (3) square feet per facein all other zones. d. Directory signs. u e. Drive-thru restaurant menu signs. The total square footage of these signs may not exceed ten square feet and shall be in addition to the signs permitted in the zone and shall not 1 c be applied toward the-maximum signage allowance. f. Going-out-of-business signs. These signs shall be non-illu- ;s minated and not exceed 100 square feet. A going out, of business sign may be displayed for up to: 60 days. The sign. 1, going permit outshall be oos inesstiiicense mewd with the renewal of a longso as the total time period in which the sign is displayed does not exceed 90 days. The use of going out of business signs is restricted to one. (1) time in a 12 month period for a single business. 0 Going-out-of-business signs shall not be applied towards the maximum signage allowance specified in each zone. g. Institutional signs. One (1) institutional sign,'not to exceed a total of 48 square feet or 24 square feet per sign • face shall be permitted for each institution. No such sign shall exceed a height of five (5) feet above grade. h. Integral signs.. Such signs existing 1 of these regulations shall not be applied prior to the adoption ard the maximum sign allowance of the building to which theyMare attached. i.. Large scale real testate signs. One (1) non-illuminated monument real estate sign not to exceed a total of 64 square feet or 32 square feet per sign face shall be. permitted per ,subdivis jon or development of greater than two (2) acres in size. Such signs shall not exceed a height of 10 feet and shall be removed upon the, sale or lease of 50 percent of the lots or units in the subdivision or development. These ` Srx .signsshall not be applied toward the maximum signage allow- ance specified in each zone. Large scale real estate signs shall not be considered off-premises signs. cal j. Off-premises signs. • 1. Off-premises signs shall not be permittedin residen- ,r• tial, CO-1, CN-1, CB-10'and ORP zones. In the CB-2 zone, :7' only off-premises facia signs shall be allowed. 3::- Off-premises signs may be billboard signs or any other -r type of sign allowed in the zone in which the, sign is ..r located. .w 2. Not more than one (1) off-premises sign may be erected noor maintained per lot. Two or more uses may 'erect a • ire common off-premises directional. sign. No off-premises 1 off-premises signcated closer than. 300 feet to another • Cir' 3. No off-premises sign shall be located within 120. feet or a residential zone, a public park, public or parochial school, religious institution, cemetery, public museum, h.: or the administrative or judicial offices 'of city, z county, state or federal governments. . Co' 4. An off-premises sign shall be permitted.in addition to the on-premises signage permitted on a lot. The area of the off-premises sign shall be deducted from 'the. total s. . - signagan reaa allowed for the same type of on-premises 5. Off-premises billboard signs shall not exceed a height ton. of 25 feet. 6. Off-premises billboard signs shall be'permitted an area •- c I of 144. square feet or 72' square. feet perk sign face. Billboard signs shall not be applied toward the maximum signage allowance permitted on a lot. 7. Off-premises signs shall comply with all other sign re- i;• quirenents of the zone in which they are located. i k. Sbecial events signs. One (1) non--illuminated sign not to . specialexcel events sigre n et is is restrictedtotono "more than use four�o(4) times in a 12 month period and for a single duration of no more than 30 days.. Special events signs may include banners, but shall not include any sign prohibited by these regula-•. tions, Section 36-62(b) Special events signs shall not be I applied toward the maximum signage allowance specified in - each zone. (ti)P�ohlb lied signs. The following signs are specifically prohibited in - -- - all zones: (1) Animated signs, excluding barber pole signs that do not exceed II three (3) feet in height and nine (9) inches in diameter and excluding time and temperature signs. (2) Balloons, / (3) Hazardous signs. .'7L7 19' F (4) Obsolete signs. • (5) Portable signs including signs on wheels, trailers and truck q s-_3 2 3 9 beds and excluding those temporary signs expressly permitted O herein. (6) Roof signs. (7) Search lights. r (8) Spinners or other similar devices. (9) Swinging signs. (c) Signs permitted by zone. (1) ID, R,and OPDH zone regulations. a. Permitted signs. 9] rr 1. Principal uses other than single family dwellings and duplexes shall bepermitted one identification facia or monument sign. 2. Nonresidential uses in the ID-ORP zone, other than ORP uses, shall be required to comply with the sign regula- ' tions of the CO-1 and CN-1 zones. 3. Residential uses in the OPDH.zone shall be permitted signage in accordance with the requirements of the un- derlying zone. Commercial uses approved as part of a .a. planned development shall comply with the signage- requirements of the C0-1 and CN-1 zones. c. 4. ORP uses in an ID-ORP zone shall be permitted signage in accordance with the requirements of the ORP zone. I b. Provisional signs. 1. Home occupations allowed in accordance with Section 36-56(b)(4) shall be permitted one (1) non-illuminated • facia sign not to exceed one (1) square foot. S£ c.. Dimensional requirements. ,c _ • 1. Sign: Facia (in ID-RS, RR-1, R5-5, R5-8, RMH and S t9. S Maximum Area: 4 sq. ft. 'Maximum Height: Top of first story. 2. Sign: Facia (in ID-RM, 144-12, R1-20, RNC-20, R4-44 and 1211-145 zones).. Maximum Area: 12 sq. ft. Maximum Height: Top of first story.. 3. Sign: Monument (in ID-RS, RR-1, RS-5, 115-8, BHN and yr '' RS-12). . Maximum Area: 24 sq. ft., or 12 sq..ft. per sign face. Maximum Height: Five (5) feet. yy; 4. Sign: .Monument. (in ID-RM, RM-12, Ri-20, RNC-20, RM-44 and R1-145 zones). e1 - Maximum Area. 48 sq. ft., or 24 sq. ft. per sign face.. - Maximum Height: Five (5) feet. TS' (2) CO-1 and CN-1 zone regulations a. Permitted signs. 1. Signage for residential-uses shall comply with the :re- quirements for residential uses in the RM zones (Sec. 36-62(c)(1)c. , 2. Facia signs. 3.' Canopy signs. 4. Monument signs. 5. Awning signs. 6. Window signs. b. Provisional signs. • 1. When two (2) or more uses are located on a lot, a common monument sign shall bepermitted. ,Said sign shall not. • exceed the lessor of two (2) square feet per lineal foot of lot frontage or 100 square. feet (50 square feet per ' • • sign face). 2. Barber pole signs provided 4hey do not exceed three (3) i feet in length and nine.(9) inches to diameter. 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per face, do not project more than six (6) feetinto the public right-of-way, and ' —___ _ are not less than I0 feet above grade. , _ r_c Diieensional requirements. —' —' 1. Uses in this zone shall be allowed a maximum building I sign.area per sign wall equal to 15% of the sign wall on ' which the sign is to be mounted. 1 2. Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. ,n / c/ ` Maximum Height: r Q v/ ra (} None. • b. Sign: Canopy. Maximum Area: Eight (8) square feet.. , SS 3..? 3 9 Maximum Height: Top of first story. O c. Sign: Awning. Max,mum Area: 25% of the surface of the awning. Maximum,Height: Top of first story. d. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. e. Sign: Monument. Maximum Area: Two (2) square feet per foot of lot frontage; not to exceed a total of 100 square, feet or 50 square feet per sign face. Maximum Height: Five (5) feet. . (3) CH-I, CC-2 and CI-1 zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the'sign requirements for residential uses in the HH zones (Sec. 36-62(c)(1)c). - 2. Facia signs. 3. Only one (1) of the following types of signs: • i. Monument sign. ii. Free-standing sign. 4. Canopy signs. - 1 5. Awning signs.• 5. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument or free-standing sign may be erected. The , 1 maximum area.'of the Common sigh may be 50% larger than the area of the maximum individual sign allowed. 2. Two free-standing or monument signs are permitted provided that the distance between the two signs is no ' less than 150 feetas measured along the frontage of a single lot. 1 - �• 3. In the CC-2 zone, barber pole signs are permitted provided they do not exceed three (3) feet in length and , nine (9) inches in diameter. 4. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than Six (6) feet' into the public • - right-of-way, and are not less than 10 feet above grade. • c. Dimensional requirements. i • 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15%. of the sign wall on ,which the sign is located. 2. Individual signage allowances. a. .Sinn: Facia. Maximum Area10% of the sign wall area. Maximum Height: None. • b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign: Free-standing. ' Max mum Area: Two (2) square feetper lineal foot of lot frontage, not to exceed 250 square feet or 125 square feet per sign face. Maximum Height: 25 feet. d. Sign: Canopy. Maximum Area: 12 square feet. Maximum Height: Top of first story. e. Sign: Awning. • Maximum Area: 25% of the surface of the awning. • Maximum Height: Top of firststory. f. Sign: Window. 1 Maximum Area: 25% of the area of the window. Maximum Height: _ _ _ _ _ _ None. _ - __._. _ - (4) CB-2 zone regulations. a. Permitted signs. • 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36-62(c)(I)c). 2, Facia signs. /f 3. Only one (1) of the following signs: 5/ / ,F- "' ifF (i) Monument sign. (ii) Free-standing sign.. 35 - 3 a 3 J 4. Canopy signs. '5. Awning signs. 6. Window signs. b. Provisional signs. w 1. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into thepublic right-of-way, and are not less than 10 feet above grade. • 2. Barber pole signs, provided they do not exceed three (3) , feet in-length. and nine (9) inches. in diameter. 3. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. The maximum area of the common sign may be 50 percent larger than the area • of the maximum individual sign allowed. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be located. 2. 'Individual signage allowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: None. b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceeds 100 square feet or 50 sq. ft. per sign face. Maximum Height: Five (5) feet, c. Sign: Free-standing. Maximum Area: Two (2) square feet per lineal foot of • lot frontage, not to exceed. 100. square feet or 50 sq. ft. per sign face. Maximum Height: 25 feet, d. Sign: Canopy. Maximum Area: 12 square feet. Maximum Height: Top of first story. e. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. f. Sign: Window. Maximum Area: 25%,of the area of the window. Maximum Height: None. (5) CB-10 zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec.. 36-62(c)(1)c). 2. Facia signs. 3. Canopy signs. 4. Awning signs. 5. 'Window signs. b. Provisional signs. I. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. The area of such sign shall not exceed a total of 24 square feet or 12. square feet per sign face. , 2. Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter, 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into the public right-of-way, and are riot less than ten (10) feet above grade. C. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is located. 2. Individual signageallowances. a. Sign: Facia. Maximum Area: 10% of the sign wall area. Maximum Height: Aone. _L_ gth L. miuyy• Maximum Area: 12 square feet. Maximum Height: Top of first story. C. Sign: Awning. { Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. d, Sign: Window. Maximum Area: 25% of the area of the window. e�c o? Maximum Height: Gy (O O None. (6) I-1, 1-2 and ORP zone regulations. 15` a. Permitted signs. 1. Facia signs. 2. Only one (1) Of thefollowing signs: • a. Identification monument sign. b. Identification free-standing sign. 3. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a dot, a common monument or free-standing sign may be erected. The • maximum'area of the common sign may be 50%'larger than the area of the maximum individual sign allowed. 2. 'In the I-1 and 1-2 zones, two free-standing or monument signs are permitted provided that the distance between the two signs is no less than 150 feetas measured along the frontage of a single lot. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be located. 2. Individual signage allowances. a. SSi�iagp: Facia. Maximum"Area:. 10% of the sign wall area. Maximum Height: None. • b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 150 ..square feet or 125 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign Free-standing. Maximum Area:, One (1) square foot per lineal foot of lot frontage not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: 25 feet. d. Sign: Window. Max.mum Area: 25% of the area of the window where it is mounted. Maximum Height: Bone. Sec. 36-63. Additional Regulations (a) Dimensional requirements. (1) Maximum sign. area. For free-standing and monument signs, the individual signage allowance includes the total area of all sign faces associated with that sign and no sign face shall exceed one-half of the allowed sign area. For building signs, the maximum building sign areashall'represent the total area of all building signs added together. The building sign area may be divided up among any of the building signs permitted in thezone in which the use is located, provided that each individual sign does not exceed the maximum size limits established for that zone. The, maximum number of signs and the maximum sign areas, as provided herein, shall be applied on a per lot basis. (2) Sign wall area. Where size of a sign is regulated by the sign - wall, area, the sign wall area shall be the total area of the wall on whichthe sign is to be mounted. (3) Sign area determination. The area of each sign, regardless of shape, shall be computed by determining the area of a, triangle, rectangle or circle which completely encloses the outer perime- ter of the sign face, or which completely encloses the whole group of characters or words in the case of a sign composed of characters or words attached directly to a building or an appur- tenance to a building. When multiple sign faces are attached to a single sign support and face the same direction, the faces and any area between them shall be viewed as one signface and shall be measured frau the extremities of the sign face. .. (4) Sign height determination. The maximum height of a sign.shall be the measurement fromrade to the highest. point on th t4'. In the case whore ai-.•.• .•s i •pa;oaua JO payoe;;e aq o; s} ubls ay; PILV4 . uo so( �o tarn;onJ;s '6u}pLVnq ay; ;o pue (16(s ay; ;o uo};enol (Z) •;ue)Vldde ay; ;o aagwnu - asuao}l s,uo;oa:a obis pue 'Jagwnu auoydata; 'ssaippe 'am: (1) ' :uoLeueo;o} 1 6uLMoLLo; ay;. q;Lm ue}d ;old a payoej;e 3A24 pue u}e;uoo , lies Poe aaufi}sap ray/s}4 JO }p LV^O a4; "Kg pepEaoxd uuo; e uodn aped aq lLeys ;Lwuad ubls a .4o; uopea}lddy •suoV;eo}Eddy (a) *song, 1e31u43al3 04; . y;VM KLdwoo Fay; dV auVuua;ap o; suoL;oauuoo pue 6u V.1VM Lle uo; suof; -eo};}cads pue sueld ay; au}wexa LLegs aau6Lsap aay/sV4 .+o Le Vo};;0 ne.���._�a —auu.aan_obis_aul_ o__anuen,sS L_0 .pa;3}4!gns -.__ _ _ . • • { 16B—Iowa City Press-Citizen—Friday, June 14, 1985 OFFICIAL PUBLICATION Continued from Page 158., , 53 d 6 47 (3) Facia signs located within 50 feet of a residential zone on the same side of the street shallnot be placed on thewall of the �j building facing the residential zone.• 25- 3 3 ' 7(d) .Requirements for illuminated signs. Illuminated signs shall conform to the following requirements: (1) Except for signs in the ID and residential zonesand special ' event signs, all permitted signs may be internally or externally illuminated. Those signs permitted in the 10 and residential zones and special event signs may only be externally illuminated with white light. (2) Illumination through the use of exposed lamps and/or inert gas tubes. shall be allowed provided the 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. (3) Artificial lightsources used to illuminate a sign face shall not bevisible from any street right-of-way. (4) Illuminated signs shall tanply with the provisions of Section 36-64(d). (e) Construction. All signs except those temporary signs enumerated in Sec. 36-62(a)(1)(f) shall bedesigned and constructed to withstand a wind pressure of not less than 30. pounds per square foot of area and loads as required by the Building Code. „, (f) Maintenance. All signs :shall be maintained in such a manner as to avoid becoming a hazardous sign. (g) Removal. In, accordance with the following procedure, the Building Official or his/her designee shall, be authorized to require the removal' of any illegal or prohibited sign. - (1) Before taking action to require the removal of any illegal or prohibited sign, the Building Official or his/her designee shall provide written notice to the owner or operator of the business to which the sign relates. r (2) The noticeshall specify that the illegal or prohibited sign shall be removed or brought into compliance with this section within a reasonable time of such notice. (3) If the sign is not removed or repaired, as the case'may be, within thetime allowed, the Building. Official or his/her , designee is hereby authorized to have the sign removed to be used as evidence and assess the costs of removal against the, property for collection in the same manner as a property tax. (h) Nonconforming Sins. It is the intent. of these regulations that all nonconforming signs be eliminated as set forth below. (1) All signs which are or became non-conforming by adoption of these regulations shall be permitted to remain as non-conforming , signs. (2) Owners Of nonconforming signs shall be required to comply with the maintenance provisions of Sec. 36-63(f). Any change or alteration to a non-conforming sign shall require, compliance with the provisions'of this Chapter. (i) Special sign provisions. The following signs shall be regulated in accordance with the following criteria: (1) Signs for nonconforming uses. '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 use is allowed. � (2) Historic signs, signs for historic structures and signs on structures in historic zones. The Board of Adjustment may, by special exception, allow signs which do not 'conform to the 'provisions of this Chapter under the circumstances described below. All applications for special exceptions hereunder shall be referred to the Historic Preservation Commission for review and comment and shall be subject to the specific standards listed below and to thegeneral standards of Section 36-91(g)(2)• • a. For buildings registered on the National Register of Historic Places or in an OHP zone, signage which does not conform with the provisions of this Chapter may be allowed if it is in keeping with the 'architectural, character of the structure, and is appropriate toa particular period in the building's historyor an integral part of its identity.' b. The'Board may exempt an existing sign from the provisions of Sec. 36-63(h)(1) if it can be demonstrated that said sign makes a significant artistic or historic'contribution to the community or neighborhood in which the sign is located, subject to comgltance with the maintenance requirements of ' Sec. 36-63(f). • (3) Existing non-public signs located on or over public property. Such signs shall be regulated in accordance with Chapter 31 of the Iowa City Code of Ordinances. Any signs on or over the City Plaza shall be regulated by Chapter 9.1 of the Iowa City Code of Ordinances. ,,Sec. 36-64. License and permit requirements. ' (a) License required. • (1) Except for those signs not requiring a permit, as listed in Section 36-62(a)(1), it shall be unlawful for any. ,person to erect, alter, move, improve, remove or convert any sign without having a sign erector's license in good standing issued by the City. A one-time sign erector's license shall be available to a tenant or owner of a 'building to permit such person to install phis/her own sign. -------- ----- ----- - -- (2) The license to erect, alter, move, improve, remove or convert 1 any sign as required herein shall be known as a sign erector's license and shall be issued by the City 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 a license fee as established by resolution of City Council; and shall have filed with the Department of Housing and Inspec- tion Services a copy or a certificate of a contractor's public liability insurance policy with coverage limits of $100,000.00 C� p per person and $300,000.00 per occurrence for bodily injury and aJ O $26,000.00 for property damage liability. The City of Sowa rity shall be designated as an additional insured and the policy shall provide that the City is to be notified 30 days in'advance• q of the termination of the policy. The licensee shall indemnify Q5',- j2 3 / and save harmless the City_from any and all damage, judgment, v cost or expense which the City may incur or suffer by reason of said license issuance. (3) A sign erector'slicense shall be valid for one (4) year from the date of issuance. A one-time sign erector's license shall be valid for 30 days from the date Of issuance. The license! fees are set by resolution of the City Council. (4) The Building Official 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 a violation of' the sign regulations or if the license was obtained by fraud, or, if the licensee allows any person not in his/her employ without, a valid erector's license to do or cause to be done any work' ' requiring a license. A person aggrieved by the revocation, suspension or denial of a license may appeal said action to the Board of Adjustment. .(5). If a license. is revoked for any reason, another erector's licenseshall not be issued to such person for twelve (12) months after revocation. (b) Permit required. (1) No sign requiring a permit shall be erected, altered, moved, improved, or converted without first obtaining a sign permit, • from. the Building, Official or his/her designee and making payment of the required permit fee. 'In addition, all illumi- nated signs shall be subjectto the provisions-of the Electrical' Code and the permit fees required thereunder. (2) A separate permit shall 'be obtained for each sign. - (3) 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, • .`(c) Permit fees, Every applicant, 'before being issued a .sign permit - shall pay to the City such fee as shall be established byresolution of the City Council. However, any person found to be erecting, altering, moving, improving, or converting any sign prior to the issuance of a permit, or who has erected, altered,, moved, improved, or converted a sign prior to' the issuance of a permit, shall he charged double the normal fee. The payment of such double fee shall • not relieve. any person from fully complying with the requirements of these regulations in theexecution of the work, nor from any other penalties prescribed herein. _ (d) Permits for illuminated signs. The application for a sign permit in -'- which electrical wiring and connections are to be used shall be , submitted prior to issuance of the sign permit. The. Building ; Official or his/her designee shall examine the plans and specifica- tions for all wiring and connections to determine if they comply with the.Electrical Code. (e) Applications. Application for a sign permit shall be made upon a ' form provided by the Building Official or his/her designee and shall ' contain and 'have attached thereto a plot plan with the fol•`loking information: (1) Name, address, telephone number, and sign erector's license number of the applicant. ' ' (2) Location of the sign and of the building, structure', or lot on whichthe sign, is to be attached or erected. (3) Two (2) blueprints -Opt drawings of the plans and specifications of the sign with dimensions, potation of materiels, the type of construction, and method of attachment to the ground or build- ing. (4)' Copy of stress sheets-and calculations showing the structure is , , designed in accordance with the Uniform Building Code. (5) An application for an electrical, permit required for an illumi- nated sign, (6) Such other information as may be required.. • (f) Permit issued. It shall be the duty of the Building Official or his/her designee, upon the filing of an application for a sign permit, to examine such application; and if' the proposed sign is in compliance with therequirements of these regulations and all other laws andordinances of the City, the sign permit shall then be issueed. '.(g) Permit expiration. If the work authorized ,under-a sign permit has not been completed within six (6) months after date of issuance, said permit shall become nulland void. 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. • • 1 (2) Fences and hedges shall be located 'so no part thereof is within two (2) feet•of an alley or a street.Jight-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) I ' 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) d s 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, gr— 3A 3 1 fence. A principal or an accessory building maybe 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 thegate or ' door securely closed at all times when not in actual use, except that thedoor 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 solong 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 thedog at all times. • (c) Barbed wire and electric fences. Barbed wire and electricfences shall be subject to thefollowing 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. (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 notbe less than six (6) feet above grade.. (3) Except for the enclosure of livestock operations, electric fences shall not be permitted in any zones. ' (4) No electric fence shall carry a charge greater than 25 milliamperes nor a pulsating current longer than one-tenth (I/10) second in a one (1) second cycle. All electric fence charges shall carry the seal of 1 an-approved testing laboratory. (5) Barbed wire and electric fences shall be feet of a public sidewalk or within four (4)h.feet eof within street rigve ht- 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 electricor 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 designof the proposed fence and a plot plan showing the location of the proposed fence. NOTE; The. provisions-in Section 36-64 are essentially the same as existed in the.Zoning Ordinance prior to the adoption of this Chapter. 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 Camprehedsive Plan Map, shall have a front yard of 40 feet. (b) If lots frontingon two (2) or more streets are required to have a front yard, a front yardshall be provided along all streets. , (c) Where a frontage is divided among zones with different front yard require- ments, the deepest front yard shall apply to the entire frontage. Where an ORP • Zone is included amongthe zones, the front yard required for the ORP Zone need notbe considered provided lots within 100 feet of the ORP Zone shall have a., front yard with not less tfan 20 feet. (d) Where: a lot in a C or I zone abuts an R zones, 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 beseparated 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, exceptmotels and hotels, located at ground level in a C , zone, shall be provided with the yards required in the RS-5 zone. i (h) In all zones, if a side or rear yard isprovided where not required, the side or rear yard shall be at least fiye (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. 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 yard except the'front yard , provided they shall comply with the requirements of Sec. I 36-57. ices, lt 1 courses, sills, buttresses, or other similar marquees, gawfeatures canopies, 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 mare than two (2) feet. (d) Dog runs. Dog runs constructedsolely for the purpose of confining dogs 5-6 / G 1 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. q (e) Fences and hedges. Fences and hedges may be located in anyQS_ 3 / to the requirements of Sec. 36-64. yard subject u (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 (3-1/2) feet. (g) Fuel dispensing equipment. In commercial and industrial zones, fuel dispensing equipment may be located fn any yard. • (h) Ornamentalfeatures. Light fixtures, flag poles, arbors, trellises, fountains, scultures, plant boxes, plants and trees and other similar ornamen- tal features may be located in any yard provided that: (1) At streetintersections, no ornamental.. features more than two (2) feet in height above the curb level shall be locdted within a triangular Brea 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 inany yard. . (j) Porches, balconies, decks and stoops, uncovered. Porches, balconies, decks and stoops which are uncovered, may extend into any yard provided that such projections shall not exceed into a front yard morethaneight (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, et seq., 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 industrialzones, coin , operated telephones may be Tocated in any yard. (n) Windows. Bay windows and similar projecting windows may extend into any yard,provided that in an R zone they shall notextend 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 setbackmore 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 greater than five. (5). feetmore than 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 'morethan five (5) feet closer to the street than the requiredfront 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 determinedas 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: 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 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. (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 purposeand intent of this Chapter and would meet theconditions 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 thatan increase in height ,shall not conflict with the provisions of the Johnson County/Iowa City Airport Zoning Ordinance. (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 - j structures when associated with a farm. i- e. Flagpoles. —__--_ —___ __ _ _ _ f. Parapet or fire walls extending not, more than three (3) feet above the limiting height of the building. I , g. Poles, towers and other structures necessary for essential _ services. h. Roof structures including elevator bulkheads, stairways, venti- 57 7 f0 P lating fans, cooling towers and similar necessary mechanical and electrical appurtenances required to operate and maintain the building. 3eZ .3 9 i. Television antennas and similar apparatus. I D (2) In the C; I and ORP zones. P. Grain elevators. b. Radio and television communication towers. c. Stacks. d. Storage tanks and water towers. (b) In all zones, except the DRCZone, the maximum height in each zone may be increased, on the condition thatfor each foot of height increase above the. maximum height limitation there is provided an additionalgtwo (2) feet 'of front, side and rear yards and that an increase in height shall not conflict with the provisions of the Johnson County/Iowa City Airport Zoning Ordinance. • Sec.,36-71.. Reserved.. _ _ DIVISION 2. TREE REGULATIONS Sec. 36-72 General. (a) Purpose. llie purpose of these regulations shall be to assurethat trees are p a1 ed and/or preserved with the development or redevelopment of buildings and parking areas for other than single-family uses and with the establishment ,or conversion of uses, other than single-family uses, in .accordancewith 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 shall be issued for the con- struction, reconstruction or structural alteration of a building and its parking area nor shall any use be'established or converted nor shall a certifi- cate of occupancy be granted for a 'use without conformity with the provisions of the tree regulations.. However, the following shall be exempt from these regulations: (1) Property' in the CB-10 and ID. zones. (2) Property developed in accordance with the yard requirements of the zone in such a manner that insufficient area is available to achieve compliance with the tree regulations; all trees which can be provided in compliance with therequirementsof this Division shall be pro- vided. - (3) Any individual lot occupied by a single family dwelling except for townhouses. Refer to Chapter 34 of the Iowa City Municipal Code for other regulations pertaining to vegetation. (c) Recommended Species of Trees. The varieties of trees permitted by this ordinanceforthe useindicated are specified in the 'List of Recommended Trees for Iowa City' as updated and amended from time to time, and available' as a supplement to and made a part of the tree regulations. The 'List of Recom- mended Trees for Iowa City' may be obtained from the office of the City Forester or the Department of Planning and Program Development. Trees not included on the "List. of Recommended .Trees for Iowa City° may be used to fulfill the requirements of this Division upon approval of the City Forester. (d) Installation. All treeplantings required by this section shall be installed prior to occupancy or commencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the Building Official mayissue a temporary certificate of occupancy accompanied by a letter of violation and grant a delay of tree installation 'until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the property owner shall place in an escrow account; established with the City, -8n amount which shall cover the anticipated,costs of plantings. (e) Planting'Sizes. The following specifications shall be met at.the. timeof planting: (1) Large Deciduous Trees. This type of tree shall have a minimum trunk diameter of 1.b inches at a point six (6) inches above ground level, and demonstrate the growth capabilities, branch formation, and croma. balance that is indigenous to the particular variety. The treeshall be straight. of trunk with the main leader intact. (2) Sall Deciduous Trees. This type of tree shall have a singlestein and a minimum trunk diameter of 1.5 inches, and demonstrate the growth capabilities, branching formation and crown balance that is indigenous' to the particular variety. The tree shall be straight of trunk with the main leader intact.. 3 (3) Coniferous Trees. This typeof tree shall have a minimum height of 3 feet measured from the planted level to the top of the tree. The needle color and branching habits shall be'normal for the species and the overall appearance shall be indicative of previous care in pruning and development. • (f) 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; any trees onprivateproperty which overhang the public right-of-way shall be maintained in accordance with the provisions of Chapter 34 of the Iowa City Municipal Code. Maintenance of trees within street rights- of-way shall be the responsibility of the City. Continued to Page 176: (g) General Provisions. _ - -- -- - — — ---- (1) The distances required herein for the location of a tree shall mean the distance to the center of the tree. 1 (2) Where fractional numbers of trees result, the number of trees , required shall be rounded to the closest whole number. (3) Evergreen trees, required for screening purposes in accordance with the provisions of Sec. 36-76(j)-Screening and Sec. 36-58(e)-Off- street Parking Requirements, 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 above supplement, and are ` allowed to grow to their mature height. (4) References to large" or "small" trees in subsequent paragraphs refer 1 to the mature height as scheduled in the 'List of Recommended Trees J -.3-? 3 9 for Iowa City.' I (8) Existing trees' may be: used to comply with .the ;requirements of the tree regulations. r (h) 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 planting areas; (2) themature height (small or large), location and type (evergreen or deciduous) of existing and proposed tree plantings; and (3) the location of existing trees within the right-of-way. Sec. 36-73.Requirements. (a) Trees adjacent to and within street rights-of-way. The following provi- sions shall regulate the planting of trees adjacent to andwithin 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) isconstructed, reconstructed or ' structurally altered by one or more additions, the total of which , increases the floor' area by more than ten (10) percent, the requirements of this subsection shall be applicable to the entire lot. c. If any provision of this Chapter mould preclude theplanting of one or more trees adjacent to the right-of-way, the trees which cannot be planted adjacent to the right-of-way shall be planted within the right-of-way according, to the provision's of paragraph (3). However, trees which cannot be planted in conformity with the provisions of paragraph (3) may be omitted. d. If the required number of trees exist within the right-of-way, trees need not be planted adjacent to the right-of-way. Addi- ' tional 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. Large trees shallbe•planted at a minimum ratio of one treefor • every 40 feet of lot frontage or for small trees, every 30 feet of lot frontage. In the case of a corner lot, only one (1) tree for every 60 feet of lot frontage shall be required. b, Trees shall be planted adjacent to street rights-of-way within fourteen (14) feet of the right-of-way line for large trees and within eight (8) feet of the right-of-way line for small, trees but not closer than four (4) feet to a public sidewalk or the anticipated location of a future publicsidewalk where one does not now exist. • c. Small trees shall not be located closer than eight (8) feet to a building and large..trees shall not be located closer than 14 feet to a building. d. Large trees shall be spaced no closer than 30 feet apart, or for small 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 he of a variety suitable for screening_purposes as designaed in' the ".List of Recommended Trees for Iowa City." e. Trees shall Ne located within planting areas and'separated from -parking-areaspursuant to therequirements of paragraph (b)(2). f. At street intersections, trees shall not be located within 70 feet of the 'intersection, of curb lines along arterial streets, within 50 feet, along collector streets, or within 30 feet of the intersection of curb lines along local streets. In cases where , two different types of streets intersect, the location of the tree shall be-determined by the type of street-adjacent to the proposed tree. g. Trees shall be placed to avoid interference with the construe- ' tion, maintenance and operation of public and private] utilities and services above or below ground as determined by the utility companies and the City Engineer, h. Any trees adjacent to street rights-of-way shall be maintained in . accordance with the applicable provisions. of Chapter 34 of the Iowa City Municipal Code. (3) Placement of trees within street rights-of-way. Trees shall be planted within the right-of-way only in those cases in which trees • cannot be planted adjacent to] the street right-of-way and' shall meet the following conditions; ' a. A tree planting permit shall be obtained from the City forestyr. b. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist. Trees shall not be located within five (5) feet of the curb. .No trees shall be planted in the area between a curb and a sidewalkwhere the width of the area is less than nine (9) feet. - c. At street intersections, trees shall not be located within 70 feet of the intersection of curb lines along arterial streets, within 50 feet along collector streets, or within 30 feet of the intersection of curb lines along local streets. In cases where two different types of streets intersect, the location of the tree shall be determined by the type of street adjacent to the proposed tree. d. 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 �J7 located within 15 feet of the drive, aisle or the right-of-way /"9 line of the alley. e. Large trees shall be placed no closer than 30 feet apart or C !� located closer than 14 feet to: a building. Small trees shall be C5- 3 -3/ located no closer than 16 feet apart but may be located towithin eight (8) feet of a building. f. Trees shall be placed to avoid interference With the construc- tion, maintenance and operation of public and private utilities and services above or below ground as determined by the utility companies and the City Engineer. 0. Any tree planted within the street. right-of-way .shall have a single trunk, with a minimum of four (4) feet from grade to the first branch at the time of planting, and shall conform to the requirements of Chapter 34 of the Iowa City Municipal Code. (b) Trees on planting private property for parking areas. The following provisions shall regulate the of trees for parking areas ,on private prop- erty: (1) Applicability. a. New parking areas. Whenever the total number of parking spaces required Or provided on a lot exceeds 18 parking spaces, the re- quirements of this subsection shall be applicable. Screening of any 35-56(e) -street Parking area shall be Requirements as sande may be ired in satisfy the requirements of the tree regulations. b. Existing parking areas. This subsection shall apply to an - existing parking area ender thefollowing conditions: • 1. If the number of parking spaces in an existing parking area is increased to accommodate more thin 18 parking spaces, the parking' spaces in excess of 18 shall comply with the require- ments of this subsection. 2. If an existing parking .areawhich provides more than 18 parking spaces is increased in area, the additional parking spaces shall comply with the requirementsof this subsecr tion. 3. If an existing parking .area does not have a permanent dust-free surface and is required to be surfaced or altered in any way, the provisions of this subsection shall apply as if the parking area had not previously existed,. c. Parking ramps, covered parking areas, and parking areas that are an integral part of a building shall be exempt from the require- ments of this subsection. Required tree planting for parking areas. Trees and plantingareas shall be provided within and abutting the perimeter of parking area(s) and meet the following conditions: a. Pianting'areas shall: be located so every.parkingspace or portion c thereof is not more than 40 feet' from a small size tree.with in a planting area or 60 feet from a large size tree within a planting. area. b. Planting areas shall be separated from parking spaces, drives, and alleys by an unmountablecurb or barrier a minimum of five (5) inches in height. The curb or barrier shall b4 constructed in such a manner that saltwater runoff will not damage the tree. c. Only small trees shall be allowed in small planting areas and they shall be planted at a ratio of no more. than one tree for _ each 120' square. feet of planting area. Large trees shall be allowed only inlarge planting areas and shall be planted at a ratio of no more than one tree for each 256 square feet of planting area. . • d. Small trees shall be located a minimum of four and a half (4 1/2) feet from the edge of a planting area and large trees shall be ' located a minimum of four andma half (4 1/2) feet from the edge. ,of a planting area. e. Tce'es shall not be' ideated within four (4) 'feet of a public sidewalk or the anticipated location of a future public sidewalk where'one does not exist. (c) Trees on private property for residential uses. Thefollowing provisions shall regulate the planting of trees for residential uses, except for single-family residences. ' (I) Applicability. Whenever a building containing a residential use 'is constructed, reconstructed, or structurally altered by one or more additions, the total of which increases the floor area by more than ten (10) percent, the requirements of paragraph (2) shall be applicable to the., entire lot. (2) Required tree planting for residential uses. Trees shall be planted , on a lot with a residential use and meet the following conditions: , a. Trees shall be planted at the minimum ratio of one tree for every 550 square feet of total building coverage of the lot. In lieu of trees with a minimum diameter of 1.5. inches, deciduous trees With a: minimum trunk diameter of 2.5 inches at a point six 16) , inches above ground may be planted or existing trees with this ' dimension may be kept at the discretion of the City Forester, at a ratio of one tree for every 1000 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 whollyor partially devoted to a residential use. Trees planted to fulfill the requirements of Section 36-73(a) -right-of-way trees, anti Section 36-73(b) - parking area trees, my be used to fulfill the requirements of this subsection, m o. mac) trees shall not be located closer than eight (8) feet to a building and large trees shall not be located closer than 14 feet to a building. ,e c. Trees shall not be located within four (4) feet of a public , sidewalk or the antitipated location of a future public sidewalk where one does not exist. ' d. At streetintersections, trees shall not be located within 70 feet of the intersection of curb lines along arterial streets, , 'within 50 feet along collector streets, or within 30 feet of the 6 6 r 6 p intersection of curb lines along local streets. In cases where two different types of streets intersect, the location of the tree shall be determined by thetypeof street adjacent to the I proposed tree. aC 2 3,9 e. Small trees shall be''planted in a minimum planting area of 120 a9J r square feet and located a minimum of four and a half (4 1/2) feet from the edge of a planting area. Large trees shall be planted I in a minimum planting area of 256 square feet and located a minimum of four anda half (4 1/2) feet from the edge of a planting area. ' Sec. 36-74. Reserved. DIVISION 3. PERFORMANCE REQUIREMENTS Sec. 36-75. General. • (a) New uses. '.Any use established in the commercial or industrial zones after the a fel-ctive: 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 , oompllancewith the performance standards contained in'this Division are exempt except where a use did not comply with performance standards in effect prior to the adoption of this Chapter (see. Sec. 36-79(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 withthe applicable performance standards. (c) Certification. When necessary, the Building Official may require of the applicant-certification by a registered professional engineer or other quali- fied person:rat the expense of the applicant, thatthe 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 ' exceeMensity or equivalent opacity permitted below. Fdr''the purpose of grading thedensity or equivalent, opacity of smoke, the Ringelmann Chartas publishedby the.United States Bureau of Mines shall be used. (1)• In the C zones and ORP Ione, the .emission of smoke darker in shade than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion profess beyond lot lines is prohibited. 1 (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 ( morethan 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 operated any ' process or furnace or combustion devicefor the burning of coal, or other natural or synthetic fuels without using approved equipment, nlethads,or devices to reduce the quantity of gasborne or airborne solids or fumesemitted into the • open air exceeding a rate permitted below at the temperature of 500 degrees ' Fahrenheit. For the purpose of-determining 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 •orenission 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 standard cubic foot (70 degrees F. and 14.7 psia) of air during any one-hour period or a total frau all vents and stacks of one-half (1/2) pound per hour per acre of lot area during any one-hour period. (2) In the I zones, theemission of particulate matter suspended in air • shall not. exceed: 0.35 grains (.0023 obnces) 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. • (c) Reserved. (d) Toxic matter. Therelease of :airbornetoxic matter from any operation or activity shallnot 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. ve-dfi.,"-• that the proposed lev=l of +n-+- mo,“ - the The i ng ter lot •paeo8 043 30. dae;aa0a5 043 ;o 011110 a43. u{ Pells dlalelpeu14 eq 11245 ed q0{4M ;o. lle."suo430o Le{01;;o aaypu pue soot;eu{wexa. s;{ ;o spuosaJ dear LLeys pue '3oeb guns bu{;el{pu{ .'a;on of 6uL it e; ao luasge 4t JO 'uo{;sanb ND ea uodn. aagwaw Lpea yo. a;oa. ayi BulMoys 'shut -paa3o.d. s; ;o salnutur claw( 1,1c paeO2 ayl •sbulpaaoatl ;o. paaaaa (C) 7e •Leadde_ay; ;o aAn;eu it ayi jo uo F;d{aosap ;ataq a pue d;aadoatl' ayi ;o uo{;eoaL JO ssaappe h pa/4s ay; upe;uo0 {Legs 41 'Ou{aeay ay; o; aotad 5&2P SI 0e4,; 5501 lou oC uey; aiou lou uoµeln3at0 Leaauafi ;o waded e uI paus{lgnd • aq toys sbut.eaq jo aaeld pue awfl ay; JD Bloom au. •ap)1ou O}Lgnd (2) -x.lgnd aq; o;. uado' aq {4245 sbui;aaw L1V 's6ul;aaw 011gnd. (I) :sluawa.{nbaa 6u{MolLo; ay; 44{M aouepaova ut suots{0ap. anew pue sfiutaea4 ;pnpuoo toys paeog ayi .1-rearm (a) •uotlelaen due ;aa;}a o; aa, ssed O; paalnbaa Si ;. 4014m uodn Jana; due uo luennndde ay; ;O aoae; u{ appap o; �o aau6}sap way/s 4y JO aa6ouep d;{0 044 ;o uoµ2u{waa;ap as 'uots{0ap ;uawaatnbau 'aapao due asaanaa.03 d.Iessaoau aq L(eys paeo0 ay; ;o. saagwaw.aaaq; ;o ars 6ula.amuoo ayL_ •wnaonb a a;nll7suoo Llegs p.eog a4; 40 A41. ew v -pealn as a70A (P) o, small trees shall not be located closer than eight (8) feet toe j ( building and large trees shall not be located closer than 14 feet ' to a building. c. Trees shall not be located within four (4) feet of a ublic sidewalk or the anticipated location of a future public sidewalk where one does not exist. ' d. At street intersections, trees shall not be located within 70 feet of tie intersection of curb lines along arterial streets, -within 50 feet along collector streets, or within 30 feet of the ' 6 intersection of curb lines along local. streets. In cases where two different types of streets intersect, the location of the • tree shall be determined by the`type of street adjacent to the proposed tree. f 3 2 3 ps" 7 e. Small trees. .shall be planted in a minimum planting area of 120 ' o square feet and located a minimum of four and a half j4 1/2) feet from the edge of a planting area. Large trees shall be planted in a minimum planting area of 256 square feet and located a minimum of four and a, half (4 I/2) feet from the edge of a planting area. Sec. 36-74. Reserved. QIVISION 3. PERFORMANCE REQUIREMENTS Sec. 36-75. General. • ' (a)'. -New uses. Any use, established in the commercial' or industrial zones after the effectivedate 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 effect prior to the adoption of this. Chapter (see Sec. 36-79(b)) Conditions which do' not. , comply shall ,,not be 'increased in scope or magnitude. Such uses shall be , permittedtobe 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 quall- fled person,-atthe expense of the applicant, that, the performance' standards ' for a proposed use can be met. s .. 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: Fee-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. . 1 (2) In the I zones, the emission of smokedarker 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 notto 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 operated 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 or fumes emitted into the open air exceeding a rate permitted below at the temperature of 500 degrees r Fahrenheit. For the purpose of determining 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. (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 (1/2) pound per hour per acre of lot area during any one-hour period. • (2) In the I zones, the emission of particulatematter 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. (c) Reserved. t (d) Toxic matter. The release of airborne toxic matter from any.operation 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- vv^ieiaar-• that the proposed leval of tn.-t- iv.•— - the 'he ng • r ter lot •pampa rda ;y; oRae;aaa5oa ; ; oao};; a ; uuo};eu}wexa s;} 40 spinal; Ite •su ;oeLe };;o •aoo; fiu}Le; ao ;uasgeay; ul 1La;e}pauu} Pel Lteys oe4 ons 6u};eopu ; 1s6u4Baal Legpue •; dr ;o sa; u}w claw) aeoy;} JO •ucµ ono pea uodn aaquaw yea ;ola; aa6p�ooal (f) -paaoaads; le •Leadde ay; 4o aan;eu v ay; ;o uoµd}nsap ;a144 a pue. Fpadoad aq; 40 uo};eooL JO ssa;ppe. 1 lama;s ay; u}e;u03 (fells ;I •6u}aeay ay3 al as}ad SABp SL ue4l ssai aou of (ley; aim ;cm oo};eLnoaµ Leu ;o waded e uL pay's •aq [legs s6u}aea4 Jo ?wit' pug awn ad. ;o aoµou ay). '•aollou $Lgnd (2) 'o' qnd ay; o;. uado''aq (Legs sbui;naw tot '55u4;naw �Vl4nd. 111 :s;uawaalnbaa 6u}MoLLo; ay; y;lnwdepa000e u} suo}s pap alma pue soul-may ;onpuoo L.Leys paeo8 ay( •aanpaooad (a) •uo};elaen he pal; p; act ssed o; Pa.`nbaa s} ;} yo)qn uodn aa;;ew Fue uo. lues}Ldde ay; ;o. none;o} ap pap o; ao aau}}sap way/sky JO aadeuel .(;}3 ay; 4o uo};eu}waa;ap yo 'uo}s}sap ';uaway}nbaa 'aapao i Aug asaanaa 04 Ramssaoau aq lLR4s paeoe ay; ;0 Saagwaw nogg; ;o awn fiuLaanouoo ;ay1_wnaonh a a;n;};suss items paeo8 eel ;0 6;;aofeW 'tl 'Paw}n as awl( (P) • { Fliday,June 14, 1985--Iowa City Press-Citizen-17B OFFICIAL PUBLICATION r •.< b. at R zone, 0.003 0.006 0.015 recreational " / n / area oe school 4, ' boundary lines (g) Glare. Glare or light from any operation and alllighting for parking q areas or for the external illumination of buildings or grounds shall be S-3-Z3 directed or located in a manner such that direct or indirect illumination from thesource of light shall not exceed one and one-half (1-1/2) footcandles at lot lines in anyR zone or C zone where a residential use is located. (hi 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, non biodegra- dable cutting oils or products of mineral oil origin or any combina- tion thereof. There shall be no ail and' grease of animal or vegeta- , ble origin in excess of 300 ppm. No waste listed in this section shall contain any insoluble substances exceeding adaily' 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. • (i) Storage. (1) `The open storage of materials and equipment shall not be permitted in any zone' except the 1-1 and 1-2 Zones provided that the following requirements are met:. a. Storage of materialsand equipment shall be completely screened from view as required in Subsection (j) below. b. All combustible materialshall 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,. whenstored 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 Distance 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 he reduced _to not less than 10 feet for a single containers 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. Were a lot occupied by a comnercial 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 bya manufac- tured housing use, locatedin an ktiH Zone, abuts or is across 'the street from an RR-1 or RS-5 Zone, screening, in accordance with theprovisions 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 oh which said dseg are located, isone 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' Forester. The planting bed shall have a minimum dimension of five (5) feet, • be free of any impervious surface, and be separated frau streets, drives and parking areas by an unmountable curb or barrier in such a manner that sand and saltwater runoff willnot' damage the screening. ' b. Where a planting screen cannot be expected to thrive because of intense' shade, soil and 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 L _ used if approved by the City Forester. �_ molal canon. • a. If a lot proposed for a commercial or industrial use is located adjacent to or opposite an existing residential use or subdivi- sion 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 a gexist owners of the residential manufacturede housing use shant in an ll provid-1 or e screening the described herein. •b. If 'a' above is not the case, screening need not be. provided - a 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 ekisting 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 buildings) 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 provideeffective visual obscurity from the ground to a height of at least six (8) feet. ' Sec. 36-77.'Reserved. DIVISION 4. -NNONCONFORMITIES - 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 permitted uses and structures in the zone involved. However, single family uses shall not generally be treated as nonconforming uses. Nonconforming buildings shall-be regulated to prevent an 'increase in the degree of nonconformity. The lawful, use of any building or land existing on the effectivedate 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 nonconfor- ming 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 structure or land estab- lished 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 geoer- - ally be treated as conforming for as long as the dwelling is used far a single family Use. Accordingly, the following rights shall be g• ranted under this Chapter: (1) 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; reconstructed; expanded; repaired; and structurally altered, provided all other requirements of this Chapter are met. _ _ _ - __ • (2) Nonconforming single family dwellings or nonconforming accessory structures to a single family use may be restored to thesame 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 bereconstructed except in compliance with the provisions of this Chapter. _ (3). 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 andany other rights as if the lot ' were conforming. (4) A nonconforming single family use and a nonconforming single family dwelling -and accessory structures .shall alsobe 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 relocatedonthe 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 noncon- forming 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 nonconfor- ' ming use as existed before such damage. However, the nonconforming use shall not be enlarged to_more than existed before such damage.. forming 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. • _ 1 1 (e) A lot or portion of a lot devoted to a nonconforming use, which is discontinued forariod pe of one (1) ' ) year, shall revert to a conforming use. (f) A nonconforming use shall be.permitted to have the sameamount 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., 46P Nonconforming structures shall be regulated as follows: 7 (a) Any nonconforming, structure, which has been destroyed or damaged by fire, S S'✓ 'Z 37, explosion, act of God, or by a public enemy to the extent of less than 100% of I the structure's assessed value, may be restored to the samedegree of non- conformity or less. (b) Except for buildings in an Historic Preservation Overlay Zone, a noncon- forming structure, which has been destroyed or damaged by fire, explosion, act I 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 withthe provisions of this. Chapter. A nonconforming building in an Historic. Preservation Overlay Zone may be placed upon its original foundation or the site of the original ' foundation regardless of the extent of damage provided that it is reconstructed as near as possible to the original exterior design. (c) Any nonconforming structure containing a conforming use;may beconverted to another conforming use, provided there shallnot 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 noncon- formity or in away which will' reduce- its nonconformity. (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 I 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 owner- ship, 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 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 Departmeet to assist 'the City Manager or his/her designee by reporting to him/her any new construction, 1 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 Adjustment as provided in Section 36-91. 0 Sec. 36-85. Construction prior to Chapter. Nothing in this Chapter shall require any change- in plans, construction or i 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 I 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 occu- pancy has been issued by the City Manager or his/her designee. If a building permithas not been issued prior to the adoption of this Chapter, every cer- ' tificate. 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, anybuilding shall be issued before the application has been made for a certifiate 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 filein the office of the City S 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 viola- tion of the zoning' ordinance, after July 26, 1962, and before the adoption of this Chapter.: Sec. 36-87. Rules and construction for boundaries of zones. (a) Where uncertainty exists, with-respect to theboundaries of various zones i 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 designateil on the. map accompanying and made a part of this Chapter are bounded approxi- matelyby 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 boundariesof 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 L. - ____ zones unless the-boundaries are otherwise indicated on the map. (3) in .separate tracts not subdivided and in unsubdivided property, the Chapterzoning b shall boundary lines bedetermined musbyaccompanyingfstaland sde a part of this the appearing on the map. (b) In interpreting and applying the provisions of this Chapter, such provi- sions 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 C7457 annul any easements, covenants or other agreements between parties, except. that 1 if this Chapter imposes a greater restriction this Chapter shall control. Sec. 36-88. Amendment of ordinance. $S -3 A 37 (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 approv- ing 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 notice of the time and place of the hearing, which notice shall be published in a newspaper having a general circulation in the City of Iowa City at least seven; but not more than 20 days before the public hearing. In no case shall the publichearing be held earlier than the next regularly scheduled Council meeting following the published notice. The Council may set such public hearing either before or after it submits the 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. _ signedand acknowledged by the. owners of 20 percent or more of the area of the lots included in the proposed_change or repeal; or by the owners of 20 percent or more of theproperty which is located within 200feet of the exterior boundaries of the property far which the change or repeal is proposed, such. amendment, supplement, change, modification or repeal shall 'require the ' favorable yote of three-fourths (314) of the members of the Council for passage. (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 flePOsit with the City. Clerk such filing fee, if any, as the Council may from time to 'time establish by resolution for petitions for rezoning: -Id) No building permit for theerection of any building or structure or .License or permit for the conduct of any ose shall be issued for a.period of 60 days after the City Council. of Iowa City has set a public hearing on the questionof amending the Zoning Ordinance and map so as _to rezone an area, if , the building or use contemplated by the request permitwould not be permitted in that area under the proposed zoning classification. Provided, that if final actionby the City Councilis not taken on the question within 60 days of the. time the matter is set for public hearing, the permitor 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 Councilshall vote on said question and itshall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued 1 upon current zoning regulations. (e) If a permit for a building or structure has been issued for a'particular ( area but nosubstantjal part of the construction. has been commenced at the ;time, if the City Council shall set a public hearing on the :question of i amending the Zoning Ordinance and map so as to rezone the area of the permit e which rezoning would prohibit the building or use contemplatedby the permit, the permit shall stand suspended and all construction and other action shall be r suspended for a period of 60 days after the setting. of the public hearing. i Provided, howevel-, 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. i period the City Council shall enact an ordinance amending the Zoning Ordinance, i 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 termi- nated and construction may be commenced under the permit. The suspension of et applicable if,prek under the viously saidrovisions fpermit has this i been suspended nded undery not be the provisionvoked and is s of this Chapter. (f) No property or area within the City shall be subject to the suspension provisions of this Chapter unless 12 months shall have expired after a previous suspension period, said 12 month period to commence withthe final day of the 60 day suspension period provided for in this Chapter. • (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 ation. need not Oe he submitted to the Commission for titseUS- report but i mayd r be set for public hearing forthwith. , Sec. 36-89., Violations. , • (a) The owner or manager of a building or premises inor upon which a viola- ' tion of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of anentire building or entire premises in or upon which , violation has been committed or shall exist, or the agent, architect, building 1 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 C .. 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 1 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 1 correct or abate such violations, 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 / S /) time periods for its consideration as in any rezoning matter. The Commission to 3 may recommend approval of the requested zoning or the denial thereof. In the event the Commission recommends denial, it shall make an additional recommenda- tion 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 g. -3-Z3 9 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 ap- plication for voluntary annexation not recommended by the Planning and Zoning Commission shallnotbecome 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 atthe 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 ID 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 the land; 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 classifica- tion(s) recommended by the Commission. If the Council approves the zoning classiications) 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 classificationfor 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 classification, the Council must send thematter 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 td 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. 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 iMayor 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 termof 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'thhe. Board. The Board shalladopt rules to establish the time and place of meetings, the procedure for the.. selection of a chairperson and vice-chairperson, who shallact 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 w 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 proceed- ings, 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. I " OFFICIAL PUBLICATION • (4) Written dcisions. The Board shallrender written decisions which 6 oI' shall be filed with the City Clerk. ' 15) Orders. Unless otherwise determined by the Board, all orders Of the 3 ' Beard shall' expire six (6) months from the .3 date the written decision S - / is filed with tfie City Clerk, unless the applicant shall have taken. action within the six (6) month period. to establish the: use'..or - construct the building permitted under the terms of the Board's. decision, such asby obtaining a building permit and proceedings to completionin accordance with the terms of the permit. Upon written. request, and for good. cause .shown, the Board may extend the expire tion 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 Panelcannot 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 transmitto the Board all the;,, papersconstituting the recordupon whichthe action appealed:. ' from was taken. b., Effect, of appeal. An appeal stays all proceedings in furtherance of theaction appealed from, including, without limitation of the foregoing, a permitee's right to proceed With development 'or other activities authorized under a building Pettit, 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 havebeen filedwith 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 begranted by the Board or by a court of record - . on application,on. notice to the City Manager or his/her:designee: for due cause shown. (2) Special Exceptions and Variances. Applications for'special excep- tions 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 theowner of the property in question and' of the architect, professional engineer, andcontractor, if c. The .names and addresses of the record owners of all property located'within 200 feet of the propertyin question; - d. A;map or plat showing the location and record owner of each,.' property opposite,or abutti.ng 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 applice- tion is fined. 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: (1) Appeals. To hear and decide appeals whereit. is .alleged there is error in any'order, requirement, decisions, or determination madeby the City Manager or his/her designee in the enforcement' of this -Chapter or of any ordinance adopted.pursuant thereto. . (2) Special exceptions. To hear and decide applications for specibi exceptions to the termsof this Chapter, and enlargements thereof,. accordance with the general regulations of the zone. in. which the property is located and specific standards contained: herein. a. Review.. The Board. shall reviewall, applicableevidence 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 operation, 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 1 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 publichealth, safety, morals, comfort, or general welfare. 2. Thatthespecific proposed exception will not be injurious to the use and enjoyment of other property in the immediate I • vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the. neighborhood. 3. Thatestablishment of the specific proposed exception mill not impede the normal and orderly development and improvement rn7 of the surrounding property for uses permitted in' the, zone in, which such propertyis located. 4. That adequate utilities, access roads, drainage and/or is--3 2 3 9 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 conges- tion in the public streets. ' 6. That, except for thespecific regulations and standards applicable to the: exception being considered, the specific proposed exception shall in all other respectsconformto 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, improyed traffic circulation, highway access restrictions, ,yards, parking requirements,_the duration of a use or ownership, or any other requirement which. the Boarddeems 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 contrary to the public_ interest, where owing to special conditions there are practical difficulties or particular hardships in the way of achieving strict compliance with the provisions of this Chapter. No variance to the strictapplication 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 contraryto the public interest. • .. (1) The proposed variancewill not threaten neighborhood' integrity, nor have a. substantially adverseaffect 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 ; • (21 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;tand:' • (3) The hardship is not of the landowners own making or;of a predecessor in title. c. Conditions. In permitting a variance, the Board may—imposee appropriate conditions and safeguards including but not limited: to planting screens fencing, construction commencement anct completion dates, lighting, operational controls, improved traffic circulation, highway access restrictions„ yards, parking, requirements, the duration of a useor ownership, or any other. requirementwhich the Board deems appropriateunder the circum- stances, upon a finding that they are necessary to fulfill the, purpose and' intent of this Chapter. C '(4) lnterpretatibn. To interpret this 'Chapter in any -case where.it is , alleged there is an error in any decision, determination, or inter pretation 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 provisions of this Chapter. Interprets tions 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. Anyperson or persons jointly or severally aggrieved by anydecision 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 fs' illegal in whole or in part, and specifying the grounds of the 'illegality- Such• petition shall bepresented to the court within 30 days after the filing.of the" decision. in the office of the City Clerk. , 00736, June 14,1985' ORDINANCE NO. 85-3240 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. FROM RM-12 TO RS-8. 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 RM-12 to RS-8, and the boundaries of the RS-8 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include: The property bounded on the north and west by University Heights, on the east by the property known as Melrose Lake Apartments and on the south by the Tower Addition to Iowa City, such property being more particularly described as follows: The southwest quarter of the northeast quarter of the northwest quarter of Section 16, in Township 79 North, Range 6 West of the 5th P.M. 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 publica- tion 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 unconstitu- tional , 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. 2I L 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 4th day of June, 1985. / g. MAYOR ATTEST: 7jp�ti4� - aitn� c CITY CLERK Recetwiti A Apprava4 By Th Leval Dapartnf a 99 It was moved by Erdahl a and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER DICKSON ERDAHL X MCDONALD • X STRAIT X _ ZUBER First consideration 3/12/85 Vote for passage: Ayes: McDonald, Strait, Ambrisco, Baker, Dickson, Erdahl. Nays: Zuber. Absent: None. Second consideration 4/9/85 Vote for passage Ayes: Dickson, Erdahl, McDonald, Strait, Ambrisco, Baker. Nays: Zuber. Absent: None. Date published 6/12/85 • 3ca CITY OF IOWA 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. 85-3240 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of June , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 12th day of June , 1985 - Dated at Iowa City, Iowa, this 5th day of July ,19 85 . L-kt,t4i-W 'am• 'a Parrott, Deputy City Clerk 7 OFFICIAL PUBLICATION ORDINANCE NO. AS fO • ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF.CERTAIN PROPERTY LOCATED IN THE SOUTHWEST QUARTER 71V—TmE NORTHEAST QUARTER OF THE NORTHWEST ARTER OF SECTION 16 IN TOWNSHIP 79 _NORTH, RANGE 6 WEST OF THE 5TH P.M. FROM ABM-12 TO RS-8. BE IT ORDAINED BY THE CITY COUNCIL lF THE 1/ / MY OF IOWA CITY, IOWA: Printers fee$ / l/!/„ $'ECTION I. That the property described 'below is hereby reclassified. from its present' classification of RM-12 to RS-8, CERTIFICATE OF PUBLICATION and the boundaries of the RS-8 zone as indicated upon the zoning map of the City STATE OF IOWA, Johnson County,ss: of Iowa City, Iwa, shall be enlarged to THE IOWA CITY PRESS-CITIZEN include: The property bounded on the north and west by University Heights, on the • east by the property known as Melrose Lake Apartments and on the south by the Tower Addition to Iowa City, such I - property being more particularly Bronwyn S. Van Fossen, being duly described as follows: The- southwest quarter of the sworn, say that I am the cashier of the norheast quarter of the nofthwthe IOWA CITY PRESS-CITIZEN, a news- norther t Section 16, in Townshipt79 North, Range 6 West of the 5th P.M. paper published in said county, and that SECTIONNorIi. The Building inspector is a notice, a printed copy of which is 'hereby authorized and directed to change hereto attached, was published in said the zoning map of the City of Iowa City, time(s), on the fol- Iowa, to conform to this amendment upon paper the final passage, approval and publica- lowing date(s): tion of this ordinance as provided by law. SECTION III. The City Clerkeis hereby authorized and directed to certify a copy of this ordinance to the County Recorder 03 Johnson County, Iowa, upon final passage and publication as provided by 0•4 7.L�f i !aCq/ r/��s` law. �� SECTION IY. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby Cashier repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect Subscribed and sworn to before me the validity of the Ordinance as a whole or any section, provision or part thereof �/ y� not adjudged invalid or unconstitutional. C111S�1(� Q ay of �' A.D. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its �7 . final passage, approval and publication as 19 x�j required by law. V Passed and approved this 4th day of V June, 1985. -....---C-3-7,-\,._ ..c--€-J Notary Public • �L-/ry'// No.II ..1_ O ATTEST: 7Ii.,,,�}tiTY CLERK ,/ 00595 June 12, 1985 o `r, SHARON STUBBS 1 14 ORDINANCE NO. 85-3241 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY BOUNDED BY UNIVERSITY HEIGHTS TO THE NORTH, THE FORMER CRI&P RAILROAD TRACKS TO THE EAST, THE LAKEWOOD ADDITION TO THE SOUTH AND ON THE WEST BY THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M. , FROM RM-12 TO RS-8. 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 RM-12 to RS-8, and the boundaries of the RS-8 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property described as follows : Commencing at the Northwest corner of the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian ; thence N 87°45'39" W, along the centerline of Melrose Avenue, 656.58 feet; thence S 01057 '43" E, along the West line of the East half (1/2) of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4) , of said Section 16, 662.71 feet to the Point of Beginning; thence S 88°18'58" E, 606.83 feet to the Southwesterly right-of-way line of the Chicago, Rock Island & Pacific Railroad; thence S 44°55'48" E, along said railroad right-of-way line, 314.93 feet; thence S 50°51 '00" W, 221.97 feet to the Northeast corner of Lot 5, Lakewood Addition, an addition to the City of Iowa City, Iowa; thence N 86°26'00" W, 141.30 feet; thence S 51°38'00" W, along the Northerly line of said Lakewood Addition ; 75.00 feet; thence N 66°16'00" W, 71 .00 feet; thence S 53°12'00" W, 98.80 feet, thence S 53°33'00" W, 168.28 feet; thence S 49°10'00" W, 98.60 feet; thence S 47°09'00" W, 66. 10 feet to the South- west corner of Lot 1 of said Lakewood 30/ 2 Addition; thence N 87026'00" W, 32.01 feet; thence N 01°57'43" W, 657.66 feet 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 publica- tion 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 unconstitu- tional , 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 VI . EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed a d approved this 4th day of June, 1985./ / /L- r �/ 4YOR ATTEST: J/17A,,,„ CITY CLERK Received Et Approved By Tt s Leal C_ aerrant l6 fr- 30 - It was moved by Erdahl i and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER DICKSON ERDAHL MCDONALD X STRAIT X ZUBER First consideration 3/12/85 Vote for passage: Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: Zuber. Absent: None. Second consideration 4/9/85 Vote for passage Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: Zuber. Absent: None. Date published 6/12/85 3-o3 CITY OF IOWA 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. 85-3241 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of June , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 12th day of June , 1985 Dated at Iowa City, Iowa, this Sth day of July ,19 85 'am•na Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 85-3241 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY BOUNDED BY UNIVERSITY HEIGHTS TO THE NORTH, THE FORMER CRIAP RAILROAD TRACKS TO THE EAST. THE LAKEWOOD ADDITION TO THE SOUTH AND ON THE WEST BY THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., FROM RM-12 TO RS-8. 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 RM-12 to RS-8, and the boundaries of the RS-8 zone as Printers fee indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property described as follows: CERTIFICATE OF PUBLICATION Commencing at the Northwest corner of the Northeast Quarter of Section 16, STATE OF IOWA, Johnson County,ss: Township 79 North, Range 6 West of the THE IOWA CITY PRESS-CITIZEN 5th Principal Meridian; thence N 87045.39' W, along the centerline of Melrose Avenue, 656.58 feet; thence S 01°57'43' E, along the West line of the East half (1/2) of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4), bein dUl of said Section 16, 662.71 feet to the Bronwyn S. Van Fossen, g y Point of Beginning; thence S 88°18'58' sworn, say that I am the cashier of the E, 606.83 feet to the Southwesterly IOWA CITY PRESS-CITIZEN, a news- right-of-way line of the-Chicago, Rock Island 8 Pacific Railroad; thence S paper published in said county, and that 44055'48' E, along said railroad a notice, a printed copy of which is right-of-way line, 314.93 feet; thence hereto attache¢, was published in said S hs 221.97feet to the Northeast corner offLot 5, Lakewood paper time(s), on the fol- Audition, an addition to the City of Iowa City, Iowa; thence N 86°26'00" W, lo .'ng datels): •s 141.30 eet; thence S 51°38'00' W, along the Northerly line of said AM' 41, Lakewood Addition; 75.00 feet; thence N ' 66°16'00' W, 71.00 feet; thence S 53°12'00" W, 98.80 feet, thence S J7 53°33'00' W, 168.28 feet; thence S 49010'00' W, 98.60 feet; thence S 47°0---‘016/t40e" Z.)4C/r1/ ..E)4.4a2"-- west orn00' W, 66.10Lot feet to dhe kewood west corner of Lot 1 of said Lakewood Cashier Adeition; thence N 87°26'00' W, 32.01 feet; thence N O1°57'43' W, 657.66 feet to the Point of Beginning. SECTION iI. The Building Inspector is Subscribed and sworn to before me e ehy 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 publica- thiso2 day of • A.D. tion of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy 19 Rs of this ordinance to the County Recorder ofJohnson County, Iowa, upon final passage and publication as provided. by la law. SECTION IV. REPEALER. All ordinances and Notary Public parts of ordinances in conflict with the provision of this ordinance are hereby repealed. N O. j 1$Q SECTION V. SEVERABILITY. If any section, i— provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional, such.adjudication shall not affect •"'a the validity of the Ordinance as a whole HARON STUBBS any p part thereof o or section, provision or not adjudged invalid or unconstitutional, ~ off; SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed d approved this 4th day of June, 198S./, /1 /11 MAYOR • ATTEST: CITY CLERK 00596 June 12, 1985 !- 1: ,_. ORDINANCE NO. 85-3242 ORDINANCE TO REPEAL ORDINANCE 84-3184 ES- TABLISHING THE PLANNED DEVELOPMENT HOUSING (PDH) PLAN OF HUNTERS RUN SUBDIVISION, PARTS 2 AND 3, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I . PURPOSE. Hunters Run Develop- ment Company, owner of Hunters Run Subdivision, Parts 2 and 3, has requested repeal of the PHD plan approved by Ordinance No. 84-3184 in order to develop a single-family subdivision at that location. All agreements regarding the dedication of parkland are to remain in force. SECTION II . REPEAL. The final PDH plan of Hunters Run Subdivision, Parts 2 and 3, approved by Ordinance 84-3184, and legally described in Attachment A, is hereby repealed. Notwithstanding this repeal , the parkland dedication agreement which was part of said PDH Plan shall be and remain in full force and effect. SECTION III . 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 IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 4th day of June MAYOR i ATTES 'r�ci CITY CLERK Received a :Appnovd y The LLL-71 ,e �part 'z ni � S�z �1' 3 oII ATTACHMENT A The legal description for Part Two Hunters Run Subdivision, Iowa City, Johnson County, Iowa, is as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence NO°46'46"E, 1 , 150.38 feet to the Center- line of Rohrer Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Office; Thence NO°55 ' 12"E, 223.00 feet; Thence S89°04 '48"E 108.00 feet; Thence SO°55 ' 12"W, 190.37 feet'to a point on said Centerline of Rohret Road; Thence N74°06'28"E, 329.64 feet along said Centerline; Thence Northeasterly 161.61 feet along said Centerline on a 955.00 foot radius curve, concave Southeasterly, whose 161.42 foot chord bears N78°57 '21"E; Thence N0°57 '18"E, 228.55 feet to the Point of Beginning of Part Two of Hunters Run Subdivision; Thence N27°03'36"W, 61 .43 feet; Thence N46°01'50"W, 715.58 feet; Thence N39°42'35"E, 124.50 feet; Thence Northwesterly 208.81 feet along a 307.00 foot radius curve, concave Southwesterly, whose 204.81 foot chord bears N69°46'32"W; Thence N89°15'39"W, 41.92 feet; Thence N0°44 '21"E, 201.00 feet; Thence 889°15'39"E, 287.01 feet to a point on the Southwesterly Right-of-Way line of Highway 218/518; Thence S46°01'50"E, 879.58 feet along said Southwesterly Right-of-Way line to a point on the East line of the West twenty-five (25) acres of the Northwest Quarter of the Southeast Quarter (NW,;, 8E4) of said Section 18; Thence SO°57' 18"W, 529.90 feet along said East line to a point on the Centerline of said Rohret Road; Thence N89°08'32"W, 102.72 feet along said Centerline; Thence Northwesterly 5.28 feet along said Centerline on a 955.00 foot radius curve, concave Southwesterly, whose 5.28 foot chord bears N89°18'03"W; Thence N0°57' 18"E, 223.01 feet; Thence N90°00'00"W, 112.00 feet to the Point of Beginning. Said tract of land contains 9.24 acres more or less and is subject to easements and restrictions of record. • The legal description for Part Three llunters Run Subdivi:1, iun , Iowa City , J. hnson County , Iowa, is as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence N0°46'46"E, 1 ,150.38 feet to the Center- line of Rohret Road,in accordance with the Final Plat of Hunters Run Subdivision, Part One, recorded in Plat Book 22, Page 53, of the Records of the Johnson County Recorder's Office; Thence NO°55' 12"E, 223.00 feet to the Point of Feginning of Part Three of Hunters Run Sub- division; Thence N46°01'50"W, 139.47 feet; Thence N12°16'50"W, 146.95 feet; Thence N79°46'50"W, 139.73 feet; Thence N46°01'50"W, 121.19 feet; Thence N6°00'50"W, 213.04 feet; Thence South- westerly 26.52 feet along a 225.00 foot radius curve,concave Northwesterly, whose 26.50 foot chord bears S87°21'45"W; Thence N89°15'39"W, 20.33 feet; Thence N0°44'21"E, 185.00 feet; Thence S89°15'39"E, 10.00 feet; Thence NO°44'21"E, 201.00 feet; Thence S89°15'39"E, 298.08 feet;Thence SO°44 '21"W, 66.00 feet; Thence S89°15'39"E, 41.92 feet; Thence Southeasterly 208.81 feet along a 307.00 foot radius curve, concave Southwesterly, whose 204.81 foot chord bears S69°46'32"E; Thence S39°42'35"W, 124 .50 feet; Thence S46°01'50"E, 715.58 feet; Thence S27°03'36"E, 61.43 feet; Thence SO°57 ' 18"W, 228.55 feet to a point on the Centerline of Rohret Road; Thence South- westerly 161 .61 feet along said Centerline on a 955.00 foot radius curve, concave Southeaster- ly, whose 161.42 foot chord bears S78°57'21"W; Thence S74°06'28"W, 329.64 feet along said Centerline; Thence NO°55'12"E, 190.37 feet; Thence N89°04 '48"W, 108.00 feet to the Point of Beginning. Said tract of land contains 14.37 acres more or less and is subject to easements and restrictions of record. It was moved by Zuber , and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X _ AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT ZUBER • First consideration Vote for passage: Second consideration Vote for passage Date published 6/12/85 Moved by Zuber, seconded by Strait, 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, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Absent; None. • • 306 CITY OF IOWA CITY CMC 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. 85-3242 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of June , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 12th day of June , 19 85 Dated at Iowa City, Iowa, this 5th day of July ,1985 CGz�*40-07,tJ arrott, Deputy City Clerk • • ' OFFICIAL PUBLICATION ---'-- - - , - Commencing at the Southeast Corner of the ORDINANCE NO. 85-5242 - Southwest Quarter of Section 18, Township' i79 North, Range 6 West of the 5th Princi- ORDINANCE TO REPEAL ORDINANCE 84-3184 ES- pal Meridian; Thence N0°46'46'E, 1,150.38: TABLISHING THE PLANNED DEVELOPMENT HOUSING feet to the.Centerline of Rohret Road, in (PON) .FLAN OF HUNTERS RUN SUBDIVISION, accordance with the Final Plat of Hunters' PARTS T AND 3, IOWA CITY, IOWA. Run Subdivision, Part One, records in BE IT ORDAINED BY THE CITY COUNCIL OF THE Plat John 22, Page 53, the secOof the Johnson County Rec0rder's tffiofithe CITY ON I. CITY, IOWA: ThenceifO° 223.00feet to the SECTION I. PURPOSE.o. Hun ofrs Run. Develop- Hunte of BeginningS of PartioThree of Sunt Company, owner of Hunters Run Hunters Run Subdivision; Thence Subdivision,of Parts 2 and has requested N12016'50"V, 139.47 • feet; Thence repeal of the PND plan approved by N79046'SO'V, -139.73 feet; Thence OrdinanceilNo. ly su to order to ap N46°01'SO'1, 139.73 feet; Thence a single-family subdivision at that 1146001'50'V, 121.19. feet; Thence location. All agreements regarding the westerly 50'1, 213.04 feet; Thence South- 1 J v I dedication of parkland are to remain in westerly 26.52 feet. along a 225.00 foot force. radius curve, concave Northwesterly, whose SECTION II. REPEAL. The final PDH plan 26.50 foot chord bears 587°21'45'1'; of Hunters Run Subdivision, Parts 2 and 3, Thence X89015'3914 20.33 feet; Thence Printers fee approved by Ordinance 84-3184, and legally N0044'21'E, 185.00 feet;' Thence described in Attachment A, is hereby 589015.39'E, 10.00 feet; Thence I repealed. Notwithstanding this repeal, 11Q044'21rE, 201.00 feet; Thence CERTIFICATEOF PUBLICATION the parkland dedication agreement. which 589015'39"E, 298.08 feet; Thence was part of :said. PDH Plan shall be and SO044'21.1, 66.00 feet; Thence', STATE OF'IOWA, Johnson County,ss: remain in full force and effect. 8g015'39'E, 41.92. feet; Thence South-' SECTION III. SEVERABILITY. If any easterly 208.81 feet along a 307.00 foots THE IOWA CITY PRESS-CITIZEN section, provision or part of the Ordi- radius curve, concave Southwesterly, whose nance shall be adjudged to be invalid or 204.81 footchord. bears 559046'32'E; unconstitutional,_ such adjudication shell Thence 539°42'35'X, 124.50 feet; Thence notaffect the validity of the Ordinance 546001150"E, 715.58 feet; Thence1 as a whole.or any section, provision or 527003'36"E, 61.43 feet; Thence I, part thereof not adjudged invalid or 50057'18'1, 228.55 feet to a point on the. unconstitutional. Centerline. of Rohret Road; Thence South Bronwyn S. Van Fossen, being duly SECTION IV'. EFFECTIVE DATE. This Ordi- westerly 161.61 feet along said Centerline sworn, say that I am the cashier of the nonce shall be in effect after its final on a 955.00 foot radius curve, concave' IOWA CITY PRESS•CITIZEN, a news- passage, approval and publication as Southeasterly, whose 161.42 foot chord required by law.. bears 578057'21'1; Thence 574006'28"W, paper published in said county, and that Passed and approved this 4th day of 329.64 feet along said Centerline; Thence a notice, a printed copy of which is 'T°`° i N005512'E, 190.37 feet; Thence hereto attach/d, was published in said X69004 48'1, 108.00 feet to the Point of Beginning. Said tract of land contains ' paper / time(s), on the 'fol- YOR 14.37 acres more or less and is subject to' lowing date(s): ATTEST: ,y„�. ' If: 'lam,,,/ easements.and restrictions of record. EITT CLERK 00594 June 12.1911.5 fiteif..e- / ATTACHMENT A l'Z Ifo S. The legal description for Part Two Hunters i ' Run Subdivision, Iowa City, Johnson 1 1 g� / County, Iowa, is as follows: `�(�iL L / 4"s+--* Cementing at. the Southeast Corner of the I., Southwest Quarter of Section 18, Township Cashier 79 North, Range 6 West of the 5th Princi- - pal 'Meridian; Thence 710046'46'E, 1,150.38 . feet to the Centerline of Rohret Road, in accordance with the Final Plat of Hunters Subscribed and sworn to before me Ran Subdivision, Part One, recorded in Plat Book 22, Page 53, of the Records of g �g the Johnson County Recorder's Office; thisfl j-day of 9Ls_.v&.Q_ . A.D. Thence NO°55'12'E, 223.00 feet; Thence 89 04'48"E, 108.00 feet; Thence 50°55'1211, 190.37 feet to a point on said 19 R J Centerlinetof Rohret Road; Thence l/v-sv C foo 0 radius, u 4 feet alonga said c�\��'y�l,_"mr)//1 Centerline; Thence 'Northeasterly 161.61 feet along said Centerline on a 955.00 foot radius curve, concave Southeasterly, whose.161.42 foot chord bears N78057'211E; Notary Public Thence X0057'18"E, 228.55 feet to the Point of Beginning of Part Two. of Hunters No. (t57Run Subdivision; Thence N27003'36% 61.43 S 0 feet; Thence N46001'S0'1, 715.58 feet; Thence N39042'35'E, 124.50 feet; Thence ' Northwesterly '208.81 feet along a 307.00 foot radius curve, concave Southwesterly, ,•+'+ whose 204.81 foot chord bears N69046'32'W; g 4 SHARON STUBBS Thence X89015'39'1, 41.92- feet; Thence Nd044'21'E, 201.00 feet; Thence a owe , 89015'39'E, 287.01 feet to a point,on the Southwesterly y 218/518; Thence 546 01x50 n" Eline 879 .810 feet , along said Southwesterly'Right-of-Way line to a -point on the East line of the Vest twenty-five. (25) acres of the Northwest Quarter of the Southeast Quarter (NV1/4, SEl/4' .of- said Section 18; Thence , 50057118'W, 529.90 feet along said East ;line to a'pointonthe Centerline of said ' Rohret Road; Thence N89008'32"4,, 102.72 feet along said Centerline; Thence • Northwesterly 5.28 feet along said Centerline on a 955.00 foot radius curve, concave Southwesterly, whose 5.28 foot 1 chord bears N89018'03'W; Thence NO°57118'E 223.01 feet; Thence N90000'00'W, 112.00 feet to the Point of Beginning. Said tract of lend contains 9.24 ares more or less and is subject to easements and restrictions of record. The legal description for Part Three Hunters Run Subdivision, Iowa City, _ __ __ - _.-- _ _ _- Johnson County, Iowa, is as folla+s:-_-m - -- --- - - - ORDINANCE NO. 83-3247, AN ORDINANCE REVISING CITY CODE OF ORDINANCES CHAPTER 2, DIVISION 4, TO PROVIDE FOR A FULL-TIME CITY ATTORNEY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I . PURPOSE. In order to imple- ment Council ' s decision to make the City Attorney' s position full-time, the City Code of Ordinances must be revised. SECTION II . AMENDMENTS. Sections 2-63(a) and 2-66 of the City Code of Ordinances are hereby repealed and the following are adopted in lieu thereof: Sec. 2-63. APPOINTMENT, RESIDENCE, REMOVAL; DUTIES. The city council shall appoint a city attorney. The city attorney shall be appointed or removed by a majority vote of the city council and shall practice law only for the city and have no outside practice unless authorized by the Council . Sec. 2-66. FACILITIES AND STAFF. The city manager shall provide the city attorney and assistant city attorneys with such facilities and staff as are necessary within the budget approved by the Council . 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 18th clay of Juno. 1985. MAYOR ATTEST: 79.1 c.- ,ti,' —e 76:44.,) CITY CLERK _ •,,�! .,pt roved � • '.i._ € .p artment 307 It was moved by Erdahl , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD xSTRAIT x ZUBER First consideration 5/21/85 Vote for passage: Ayes: Baker, Dickson, McDonald, Ambrisco. Nays: None Absent: Erdahl, Strait, Zuber. Second consideration 6/4/85 Vote for passage Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: None Date published 6/26/85 3 0g CITY , OF IOWA 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. 85-3243 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of June , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 26th day of June , 19 85 Dated at Iowa City, Iowa, this 5thday of July ,19 85 a ona Parrott, Deputy City Clerk • 4/OOFFICIAL PUBLICATION Printers fee$431 : ORDINANCE NO. 85-3243 AN ORDINANCE REVISING CTi'i CODE OF ORDINANCES CHAPTER 2, DIVISION 4, TO CERTIFICATE OF PUBLICATION PROVIDE FOR A FULL-TIME CITY ATTORNEY. STATE OF IOWA, Johnson County,ss: BE IT ORDAINED BY THE CITY COUNCIL fa-THE THE IOWA CITY PRESS-CITIZEN CITY OF IOWA CITY, IOWA, THAT: r" . SECTION I. PURPOSE. In order'timple- ment Council's decision to make the City Attorney's position full-time,. the City Code of Ordinances must be revised; I SECTION II. AMENDMENTS. Sections 2-63(a) and Z-66 of-the City Code of Ordinances Bronwyn S. Van Fossen, being duly are hereby repealed and the following are sworn, say am cashier I the of the adopted in lieu thereof: Sec. 2 63. APPOINTMENT, RESIDENCE, IOWA CITY PRESS CITIZEN, a news- , REMOVAL; DUTIES. The city council paper published in said county, and that - • shall appoint a city attorney. The city attorney shall be appointed or a notice, a printed copy of which is removed by a majority vote of the city hereto attache , was published in said council and shall practice law only for papertimely), on the fol the city and have no outside practice unless authorized by the Council. l ing dat aee / l r Sec. 2-66. shallFACILproviderES AND STAFF. J The city manager shall the city [ �,�� attorney and assistant city attorneys with such facilities and staff as are necessary within the budget approved by T the Council. SECTION IiI. REPEALER: All ordinances J�'///��/']{�' �� ✓ and parts of ordinances in conflict with � �J Q� the provision of this ordinance are hereby repealed. Cashier SECTION IV. SEVERABILITY: If any sectidn, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall Subscribed and sworn to before me not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or • unconstitutional. thisp�,. ay of L —, A.D. SECTION V. EFFECTIVE DATE: This Ordi- nance s o e n e ec a ter its final passage, approval and publication as 19 • required by law. Passed and approved this 18th day of. S4,l ;ttGt/L3 • Jute, 1985. ....'. l .ter., Notary Public ATTEST: %/. � -7(• 4"J1L�C� ITV CLERK vo./ -- Dr" June26, 1985 cti.R'. • SHARON STUBBS ORDINANCE NO. 85-3244 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES IN ORDER TO ALLOW HORSE-DRAWN VEHICLE SERVICE IN THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: SECTION I. PURPOSE. The purpose of this ordinance is to amend the City Code of Ordinances (the "Code") in order to allow and regulate the operation of horse-drawn vehicles for hire, originating at a point in downtown Iowa City and returning to that point after carrying passengers along a fixed scenic or historic route. SECTION II. AMENDMENTS. A. Section 35-16, 36-19, 35-24, 35-28, 35-29, 35-31 and 35-33 of the Code are hereby deleted in their entirety, and the following are adopted in lieu thereof: ARTICLE II. VEHICLES FOR HIRE Division 1. Generally Sec. 35-16. Definitions. The following words and phrases, when used in this article, shall have the meanings as set out herein: City manager means the city manager or his/her designate. Driver means a person authorized by the city to drive a vehicle for hire. Driving permit means a card or badge issued by the city clerk to each taxicab driver authorized to operate a taxicab. Holder means a person to whom a driving permit or license has been issued. Horse-drawn vehicle means any vehicle which is operated or pulled by a horse, furnished with a driver, and carrying passengers for hire within the city. License means a decal issued by the city clerk which must be attached to each taxicab for identification. Rate card means a card provided by the license holder for display in each taxicab which contains the rates of fare then in force, including discounts. Street shall mean any street, alley, court, lane, bridge or public place within the city. Taxicab shall include a vehicle furnished with a driver and carrying passengers for hire for which public patronage is solicited within the city, including a horse-drawn vehicle. An 3og Page 2 automobile used exclusively for hotel or motel business shall not be considered a taxicab within the meaning of this paragraph, nor shall a vehicle commonly known as "rent-a-car," for which a driver is not furnished, be considered a taxicab, nor shall a bus operating over a fixed route in the city be considered a taxicab within the meaning of this paragraph. Charter transportation provided with or without drivers on a contract or lease basis with an organi- zation or person(s) for a prearranged fee shall not be considered a taxicab within the meaning of this paragraph. In addition, vehicles owned or operated by state or local government entities which provide transportation to the public shall not be considered taxicabs. Sec. 35-19. To be equipped with interior lights. Each taxicab shall be equipped with an interior light of sufficient candlepower to amply illuminate the interior of the taxicab at all times. The light shall be so arranged as to be easily accessible to and operable by passengers; however, interior lights may be disconnected at any time after sunrise and before sunset. Horsedrawn vehicles shall not be required to be equipped with interior lights. Sec. 35-24. Right to demand prepayment of fare, obligation to carry passengers. (a) The driver of a taxicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid, but no driver shall otherwise refuse or neglect to convey any orderly person, upon request, anywhere in the city, unless previously engaged or unable to do so. (b) The driver of a horse drawn vehicle shall be subject to the provisions of subsection (a) , except that the obligation to convey any orderly person shall apply only to any route filed with the city. Sec. 35-28. Issuance of driving permit. The city clerk shall issue a driving permit to each applicant when the police chief determines that there is no informa- tion which would indicate that the issuance of such permit would be detrimen- tal to the safety, health or welfare of residents of the city. 3/ 0 Page 3 The refusal to issue a permit may be based upon an adverse driving record and/or conviction of other crimes, or, in the case of a horse drawn vehicle opera- tor, failure to demonstrate ability to control the animal and vehicle in traffic. Sec. 35-29. Vehicle for hire license decal. No vehicle for hire shall be operated upon any street within the city unless the owner of such vehicle shall have first obtained and shall have then in force a license decal issued by the city clerk. The decal shall be attached to the lower lefthand corner of the rear window of a taxicab, or displayed at the left rear of a horse drawn vehicle. Sec. 35-31. Issuance of license decal. The city clerk shall issue a license decal to each owner when the police chief determines that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of residents of the city. The license decal shall be nontransferable as between vehicles and owners. The refusal to issue a license decal may be based upon an adverse driving record, conviction of other crimes, or when the applicant's prior experience was unsafe or otherwise showed lack of responsibility. Sec. 35-33. Mechanical inspection prerequisite to issuance of license. Each applicant for a license required by this division or a renewal of such license shall submit with his/her application proof that all vehicles to be used as taxicabs conform to the requirements for mechanical fitness as established by the police chief. Such proof shall consist of official certificates of inspection issued by the police chief or his/her designee. The police chief may require the holder of the license to provide a current certifi- cate of inspection whenever it is believed that the subject vehicle does not comply with said requirements of mechanical fitness. B. The following is added as Division 2 to Article II of Chapter 35 of the Code. 3// Page 4 Sec. 35-37. Horse drawn vehicles - routes. A horse drawn vehicle licensee must adhere to the routes specified in the application for a license. A new or temporary route must be filed with the city clerk before a licensee may use such route. Sec. 35-38. Horse drawn vehicles - sanitation. a. All horses pulling horse drawn vehicles shall be equipped with adequate devices to prevent manure and other excrement from falling upon the streets of the city. b. Any excrement which falls upon the city streets shall be removed immediately at the licensee's expense. c. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or disposal . Sec. 35-39. Horse drawn vehicles - animal treatment and health. a. Licensees shall assure adequate rest periods, feeding schedules, health and related animal performance and well-being for each animal under the licensee's ownership, care or control . This responsibility shall include carriage load limits, hours of opera- tion and daily hours of animal usage. (1) The feeding of an animal drawing a vehicle for hire from a feed bag or bucket along any street or alley shall not be a violation of Sec. 31-6. (2) No animal shall be required to work more than ten (10) hours per day. (3) No animal shall be left unattended while in service. b. For each animal that will be pulling a licensed vehicle, licensees shall provide to the city clerk a certificate of soundness, issued by a veterinarian licensed by the State of Iowa, finding such animal to be free from infectious disease, in good health and fit for hack and carriage service under this article. 3/ 2 Page 5 (1) After initial inspection, each animal shall be reinspected at intervals of no more than six (6) months, and a certificate of soundness shall be issued by a veterinarian and filed with the city in order for each animal to remain in service. (2) No animal shall be used to draw a vehicle for hire without such certificate of soundness certified and dated within any preceding six-month period. Sec. 35-40. Horse drawn vehicles - equipment. Every licensed horse drawn vehicle shall conform to such requirements as may be imposed by State law with respect to equipment. In addition, each such vehicle shall be equipped with rubber tires. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, 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 ettect atter its final passage, approval and publication as required by law. Passed and appr.eed this 26th day of June, 1985. / MAY" ATTEST: //7 �„) k. ) CITY CLERK Recohred & Approved The '_-1;.1 Department 3/.3 It was moved by Strait , and seconded by Erdahl , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 6/18/85 Vote for passage: Ayes: Ambrisco, Baker, Erdahl, McDonald, Strait. Nays: None. Absent. Dickson, Zuber. Second consideration )ooccxxxxxrxx Vote for passage Date published 6/29/85 • Moved by Strait, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, Erdahl, McDonald, Strait, Ambrisco, Baker. Nays: None. Absent: Zuber. CITY OF IOWA CITY CIVIC CBI-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. 85-3244 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of June , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of June , 19 85 . Dated at Iowa City, Iowa, this 8th day of August ,19 85 . J Ra Ana Parrott, Deputy City Clerk 12 eg -a 114 aP- OFFICIAL PUBLtuTION motel business shall not be considered e taxicab within the meaninga of this paragraph, nor shall a vehicle hick ly known as 'rent-a-car,' for which a driver is not furnished, be considered a taxicab, nor shall a bus operating over a fixed route in the city be considerer) a taxicab within the meaning of this paragraph. Charter transportation provided with or without drivers on a contract or lease basis with an organi- zation or person(s) for a prearranged fee shall not be considers a taxicab within the meaning of this paragraph. In addition, vehicles owned or operated by state or local government entities Which provide transportation to the public shall not be considered taxicabs. Sec. 35-19, To be equippededwithwith interior • lights. D Each taxicab shall be equipped with an ,/ interior light of sufficient candlepower // to amply illuminate the interior of the Printers fee SS taxicab at an times. The light shall he sa arranged of to De easily accessible to and operable by passengers; however, CERTIFICATE OF PUBLICATION interior lights may be disconnected at any time after sunrise and before sunset. STATE OF IOWA, Johnson County,ss: Horsedrawn vehicles shall not be required THE IOWA CITY PRESS-CITIZEN to be equipped with interior lights. Sec. 35-24. Right to demand prepayment of fare, obligation to carry passengers. (a) The driver of a taxicab shell have the ' right to demand payment of the legal I efared int aunless sand may refuse Bronwyn S. Van Fossen, beingdulydriver shall otherwise refuse or sworn, saythat I am the cashier of the neglect to convey any orderly person, ORDINANANCE NO.$S71M upon request, anywhere in the city, IOWA CITY PRESS-CITIZEN, a news- AN ORDINANLE AMENDING CHAPTER 35 OF THE unless previously engaged or unable to paper published in said county, and that CITY CODE OF ORDINANCES IN ORDER TO ALLOW do so. (b) The driver of a horse drawn vehicle NORSE-DRAWN VEHICLE SERVICE IN THE CITY. a notice, a printed copy of which is shall be subject to the provisions of hereto attached, was published in said BE IT ORDAINED BY THE CITY COUNCIL OF IOWA subsection (a), except that the time's)., on the fol- CITY, IOWA THAT: obligation to convey any orderly paper person shall apply only to any route lowing date(s): SECTION I. PURPOSE. The purpose of this filed with the city. ordinance is to amend the City Code of Set. 35"211. Issuance of driving permit. Ordinances (the 'Code') in order to allow The city clerk shall issue a driving /J and regulate the operation of horse-drawn permit to each applicant when the police 79 /9/3 vehicles for hire, originating at a point chief determines that there is no informa- tion C( /[ 7 y in downtown Iowa City and returning to tion which would indicate that the ,/ that patot after carrying passengers along issuance of such permit would bedetrimen- tala fixed scenic or historic route. to the safety, health Cr. welfare of .-Al � ECTION II. AMENDMENTS. residents of the city. f`ybbf.t-t 4[/ The refusal to issue a permit may be Section 35-16. 36-19, 35-2n, 35-28, based upon an adverse drivingrecord Cashier 35-29, 35-31 and 35-33 of the Code are and/or conviction of other crins, or, in the deleteg n their entirety, and the case of a horse drawn vehicle opera- thereof: the following are adopted in lieu tor, failure to demonstrate ability to thereof: Subscribed and sworn to before me ARTICLE II. 1. Generally VEHICLES FOR HIRE control the animal and vehicle in traffic. Division 1Sec. 35-29. Vehicle for hire license decal. 0-01 /`a , . ,, Sec. 35-16.followingDewords No vehicle for hire shall be operated this I dayof lNv-^-� A.D. The inthis il and phrases.llhave when upon any street within the cityunless the ((([[[ used as outs her, shall have the ewer of such vehicle shall have first 1 meanings manager set out herein: obtained and shall have then in force a City resign means the city manager or license decal issued by the city clerk. 1985 . his/her designate. The decal shall be attached to the lower Driver scans a personauthorized hire. by lefthand corner of the rear window of a /� the city to drive a vehicle for taxicab, or displayed at the left rear of Y' f 1-` Driving the means a card or badge Y �r l.� issued by the city clerk to each taxicab a horse drawn vehicle. Notary Public driver authorized to operate a taxicab. Sec. 35-31. Issuance of license decal. Holder means a person to whom a The city clerk shall issue a license _ driving permit or license has been decal to each owner when the police chief No. 'I yj1S10 issued. determines that there is no information i Horse-drawn vehicle means any vehicle which would indicate that the issuance which is operated or pulled by a horse, would be detrimental to the safety, health furnished with a driver. and carrying or welfare of residents of the city. The 0 asst passengers for hire within the city, license decal shall be nontransferable as g�`'; SHARON STUBBS D License means a decal issued by the between vehicles and owners. city clerk which must be attached to The refusal to issue a license decal may each taxicab for identification, be based upon an adverse driving record, -- Rate card means a card provided by the conviction of other crimes, or when the / license holder for display in each applicant's prior experience was unsafe er taxicab which contains the rates of fare otherwise sawed lack of responsibility. See then in force, including discounts. Sae. 35-37. Mechanical inspection Street shall mean any street, alley, prerequisite licanti far nca eicense rof license. d o court, lane, bridge or Wbl tc place this division or a renewal of such license withinn the city. Taxicab shall include a vehicle shall submit with his/her application roof t all to be furnished with a driver and carrying taxicabshaconform vehicles requirementsd for passengersas afor hint for which pcity, Mechanical fitness as established by the patronage solicitedwithin the city, including a n horse-drawn vehicle. An police chief. Such proof shall consist of automobile used exclusively for hotel ar official certificates of inspection issued by the police chief or his/Mr designee. Fe police chief nay require the holder of :he license to provide a current certifi- ateof inspection whenever it is believed hat the subject vehicle does not comply r ya"iith said requirements of mechanical f') stress. I. The following is added as Division 2 to Article II of Chapter 35 of the - - Cede. — - - fee 62 FS-32 ,2-9ad `Sec•'-35-37• Rorie drawn vehicles--- routes. A horse drawn vehicle licensee must • adhere to the routes specedm the , application for a license. ‘111A new or ditty cleek rbeforemust a licensee eeda with the a route. y '•'7uch. ( Sec, 35-38. Horse drawn vM1cTN - 1 sanitation. 'a. All horses pulling horse drawn vehicles shall be equipped with adequate devices to prevent manure and other excrement from falling upon the streets of the city. b. Any excrement which falls upon the city streets shall he removed innediately et the licensee's expense. c. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or disposal. • Sec. 35-39, Horse drawn vehicles -animal treatment and health. a. Licensees shall assure adequate rest periods, feeding schedules, health and' related animal performance' and well-being for each anise)ix,ender the licensee's trol. Thisresponsibility c shalt, include carriage load limits, hours if opera- tion and daily hours of animal usage. (1) The feeding of an animal drawing a _ vehicle for hire from a feed bag or bucket along any street or alley shall not be a violation of Sec. 31-6. 7 (2) No animal shall berequired to work •more than ten (10) hours per day. (3) No animal shall be left unattended while in service. 5 b. For each animal that will be pulling a licensed vehicle, licensees shall provide to the city clerk a certificate of soundness, issued by a veterinarian licensed by the State of Iowa, finding such animal to he free from Infectious disease, in good health and fit gar hack and carriage serviceunder this article. (I) After initial inspection, each' animal shall be reinspected at( 1 intervals of no more than six. (6) months, nd a soundness shall bear issued Le by ofa veterinarian and filed with the ( city- in order for meth enisrl to remain in service, (2) No animal shall be used to drew a vehicle for hire without such certificate of soundness certified and dated within any preceding six-month period, ' Sec. 35-40. Horse drawn vehicles - equipment, Every licensed horse drawn vehicle shall' I conform to such requirements as may be imposed by State law with respect to equipment. In addition, each such vehicle shell be equipped with rubber tires. } SECTION III, REPEALER. All ordihences. and parts of ordinances in conflict with the provisions 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 shell not affect the validity sof the Ordinance'. ( as a whole or any section, provision or part thereof not adjudged invalid 'or unconstitutional. SECTION V. EFFECTIVE n ter its final . passage, approval and publication Ai required by law; Passed and approvgd this 26th day of June, 1985.: ( ATTEST; C??✓�LC�J ,e e ) I EAK O0i73 June 29, 1985• • L • I / ORDINANCE NO. 85-3245 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE VI (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES FOR THE ABATEMENT OF INOPERABLE/OBSOLETE VEHICLES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. 1) Subsection 24-101(13) of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and substi- tuted in its place is the following new Subsection 24-101(13) : Sec. 24-101. Enumerated. The following are nuisances: (13) . The storage, parking, leaving, or permitting the storage, parking, or ' leaving of an inoperable/obsolete vehicle upon private property within the city for a period in excess of 48 hours, unless excepted herein. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a junk yard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws of the City of Iowa City. For the purpose of this article, an "inoper- able/obsolete vehicle" shall be defined as any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, and which is not licensed for the current year as required by law and/or which exhibits any one of the following characteristics: (a) Broken glass. Any vehicle or or part of a vehicle with a broken windshield, or any other broken glass. �/S Ordinance No. 85-3245 Page 2 (b) Broken or loose parts. Any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, wheel , ' steering wheel , trunk top, or tailpipe. (c) Missingengine or wheels. Any vehiclwhich is lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable. (d) Habitats for animals or insects. Any vehicle or part vehicle which has become the habitat for rats, mice or snakes, or any other vermin or insects. (e) Defective or obsolete condi- tion. Any vehicle or part of a vehicle which because of its defective or obsolete condi- tion, constitutes a threat to the public health and safety. 2) Section 24-102 of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the following new Section 24-102: Sec. 24-102. Notice to abate inoper- able/obsolete vehicles. (a) The City Manager may authorize any employee of the City to investigate, locate and identify inoper- able/obsolete vehicles on private property. Such authorized employee shall have full authority to serve the abatement notice as prescribed below. (b) Whenever any inoperable/obsolete vehicle is found to exist, the City shall serve upon the owner of the property upon which such vehicle is stored, parked, or left, a notice requiring abatement or removal of such vehicle within ten days or such other time after service of notice as the City may determine to be reasona- bly sufficient to enable such abatement or removal to be made. (c) Any notice required by this section shall be served by attaching notice securely to the inoperable/obsolete vehicle, and: 3 /6 Ordinance No. 85-3245 Page 3 (1) By sending the notice by certi- fied mail , return receipt requested, to the owner of said property as shown by the records of the County Assessor; or (2) By personal service of said notice to the owner of said property as shown by the records of the County Assessor. (d) Any notice required by this section shall include the following informa- tion: (1) The inoperable/obsolete vehicle constitutes a nuisance under the provisions of this Article. (2) A description of each inoper- able/obsolete vehicle observed, the name and address of the last known registered owner of said vehicle, and the location and condition(s) observed. (3) The notice shall contain the order for abatement within the time specified in the notice. (4) The notice shall advise that, upon failure to comply with the notice to abate, the City shall undertake such abatement and that the cost of removal , notifica- tion, preservation, storage and sale of said inoperable/obsolete vehicle may be collected from the sale or redemption of said inoperable/obsolete vehicle and that if the proceeds of such sale are not sufficient for payment of such cost, the balance may be assessed against the property for collection in the same manner as a property tax. (5) The notice shall also advise as to the opportunity for an adminis- trative hearing pursuant to Section 24-103 and that failure to request such a hearing within ten (10) days of service or mailing of said notice shall constitute a waiver of right to a hearing and that said notice shall become a final determina- tion and order. 3/ 7 Ordinance No. 85-3245 Page 4 3) Chapter 24, Article VI of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 24-103: Sec. 24-103. Hearing on notice to abate inoperable/obsolete vehicle. (a) Hearing appeal rights and judicial review shall be in accordance with the procedures set forth in Section 2-184 et seq. of the Code of Ordi- nances of the City of Iowa City, Iowa; the administrative hearing, if any, shall be held before a commit- tee, to be appointed by the City Manager. 4) Chapter 24, Article VI, of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 24-104: Sec. 24-104. Removal of inoper- able/obsolete vehicles; interference prohibited. (a) If the violation described in the notice to abate inoperable/obsolete vehicle is not remedied within the period of compliance stated in said notice, or, in the event that a petition for administrative hearing is timely filed, a hearing is had, and the existence of a nuisance is affirmed by the committee, the City police department is authorized to remove and impound, or have removed and impounded by a commercial towing service the inoperable/obsolete vehicle; provided, however, that in the event of an administrative hearing the City shall not remove or have removed such vehicle until the _ hearing committee has rendered a decision affirming removal and the petitioner is notified of such hearing determination by personal service or by certified mail , return receipt requested. (b) No person shall interfere with, hinder or refuse to allow the City or its agent to enter upon private property for the removal of inoper- able/obsolete vehicles under the provisions of this Article. (c) If the inoperable/obsolete vehicle has not been reclaimed within a period of ten days after impoundment, 5/8' Ordinance No. 85-3245 Page 5 it shall be deemed an abandoned vehicle and may be sold by the City pursuant to State law. (d) If the inoperable/obsolete vehicle is not sold or if the proceeds of such sale or redemption are not sufficient for payment of the cost of removal , notification, preservation, storage, and sale of said inoperable/obsolete vehicle, such cost or the balance of such cost may be assessed against the property for collection in the same manner as a property tax. (e) In a situation of clear and compel- ling emergency, the City is author- ized to remove and tow away or have removed and towed away by a commer- cial towing service, any vehicle declared a nuisance under Section 24-101 without prior notice and opportunity of hearing. The costs of such action may be assessed against the property for collection in the same manner as a property tax. However, prior to such assessment, the City shall give the property owner notice by certified mail and an opportunity for a hearing before the City Council. 5) Chapter 24, Article VI, of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 24-105: Sec. 24-105. Penalty. (a) Whenever any person having been served with a notice for the reason and in the manner prescribed by this Article shall refuse, fail , or neglect to obey or remove the nuisance referred to in said notice within the time therein stated, besides the sanctions provided in Section 24-104, said person shall be • guilty of a simple misdemeanor, and upon conviction shall be subject to the penalty of a fine not to exceed $100 or by imprisonment not to exceed 30 days. Each 24 hour period during which such person shall not have complied with the provisions of this Article shall be construed as a separate violation. 3/7 Ordinance No. 85-3245 Page 6 6) Chapter 24, Article VI , of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following new Section 24-107: Sec. 24-107. General Abatement Pro- cedures. (a) Notices to correct or abate nuisances and the procedures for abatement thereof shall be in accordance with the Code of Iowa. SECTION 2. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 3. SEVERABILITY: If any section , provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional , 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 4. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final ' passage, approval and publication as required by flaw. Passed ;Ind arlrovl6th day July, 1985.! AL AeYOR/ // ATTEST : A;,,,J 9S CITY CLERK necalved & Approved By The Legal Department '1 BS Sad It was moved by Erdahl , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published July 24, 1985 Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, Erdahl, McDonald, Strait Zuber; Nays: None. 3a/ CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CRY, 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. 85-3245 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of July , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of July , 19 85 . Dated at Iowa City, Iowa, this 8th day of August ,19 85 . Ramoia Parrott, Deputy City Clerk 4,efic 513 /dJ -2- (d) Any notice required by this—seed-on shall include the following Informs- ' tion: (1) The inoperable/cbsolete vehicle constitutes a nuisance under the • provisions of this Article. OFFICIAL PUBLICATION (2) A description of each inoper- ' able/obsolete vehicle observed, , ORDINANCE N0, 85-3245 I I the name and address of the last known registered owner of said , AN ORDINANCE AMENDING CHAPTER 24, ARTICLE vehicle, and the location and VI (NUISANCES) OF THE CODE OF ORDINANCES condition(s) observed. OF THE CITY OF IOW CITY BY ADDING (3) The notice shall contain the __ STANDARDS AND PROCEDURES FOR THE ABATEMENT order for abatement within the OF INOPERABLE/OBSOLETE VEHICLES. time specified in the notice. (4) The notice shall advise that, BE IT ORDAINED BY THE CITY COUNCIL Or THE upon failure to comply with the CITY OF IOWA CITY, IOWA: notice to abate, the City shall undertake such abatement and that SECTION 1. 1) Subsection 24-101(13) of - the cost of removal, notiflca- the Code of Ordinances of the City of Iowa tion, preservation, storage and City, Iowa is hereby repealed and substi- sale of said inoperable/obsolete tuted in Its place is the following new vehicle may be collects fran the Subsection 24-101(13): - - sale or redemption of said Sec. 24-101- Enumerated. inoperable/obsolete vehicle and The following are nuisances: that if the proceeds of such sale (13). The storage, parking, leaving, or are not sufficient for payment of permitting the storage, parking, or such cost, the balance may be leaving of an inoperable/obsolete assessed against the property for vehicle upon , private property collection in the same manner ai within the city for a period in a property tax. excess of 48 hours, unless excepted (5).The notice shall also advise as to herein. This subsection shall not the opportunity for an aelminis- apply to any vehicle enclosed trative hearing pursuant to within a building on private Section 24-103 and that 'failure. propertyor to any vehicle held in to request such a hearing within connection with a junk yard, or ten (10) days of service or auto and truck orients use mailing of said notice shall 7 operated in the appropriate zone, , constitute a waiver right to pursuant to the zoning laws of the hearing and that said notice City of Iowa City. For the purpose shall became a final determine- of -his article, an 'inoper- tion and order. Printers fee able/obsolete vehicle• shall ba- 3) Chapter 24, Article VI of the Cade of Ordinances of the City of Iowa City Iowa, CERTIFICATE OF PUBLICATION byfwhiicch a peas rsoneorte propert is or upon or newhSection2244_amended by adding the following ss: may be transported or drawn upon a Sea 2b-103. Wring IM notice to STATE OF IOWA, Johnson Count Y+ highway or street, excepting Nete imep-eble/obsolete vehicle. THE IOWA CITY PRESS-CITIZEN devices moved by human power or (a) Hearing appeal rights and judicial used exclusively upon stationary review :hall be in ercorderro with rails or tracks, as shall include without limitation motor vehicle, the procedures set forth in Section automobile, truck, trailer, 2-184 et seq. of the Code of Ordi- I motorcycle, tractor, buggy, wagon nances of the City of Iowa City or any combination thereof, and loon the administrative hearing, tf Bronwyn S. Van Fossen, being duly which is not licensed for the any, shall be held before a cmmit- that I am the cashier of the current year as required by law tee, to be appointed by the City , sworn, sayand/or which exhibits any one of Manager. IOWA CITY PRESS-CITIZEN, a news- the following characteristics: 4) Chapter 24, Article VI, of the Code of paper published in said county, and that ' (a) Broken glass. Any vehicle or Ordinances of the City of Iowa City, Iowa, a notice, aprinted of which is or parE of a vehicle with a is hereby amended by adding the following copybroken windshield, or any other new Section 24-104: hereto attached, was published in said broken glass. Sec. 24-104. Removal of ismer- paper _ timels), on the fol- (b) vToken or loose parts. Any able/obsolete vehicles; ieterfereece eh lcle or part of a vehicleprohibited. lowing datels): with a broken or loose fender, (a) If the violation described in the door, bumper, hood, wheel, notice to abate inoperable/obsolete steering wheel, trunk top, or vehicle is not remedied within the tailpipe, period of compliance stated in said (c)eve Hissing engine or wheels. Any notice, or, in the event that a 4---6, p� �y,/a S vehicle which is lacking an petition for administrative hearing other or oneh or more wheels or is timely. filed, a hearing ise- had, U/ / other structural parts which and the existence of a nuisance,,As inopers such vehicle totally affirmed p the committee, the' 6 /v✓( inoperable. police department is authorized ici Cashier (d) Habitats for animals or , remove and impound, or haveremoved insects. Any vehicle or part I and impounded by a commercial towing vehicle which has became • service the inoperable/obsolete the habitat for rats, mice or vehicle; provided, however, that jn Subscribed and sworn tobeforeme snakes, or any other vermin or • the event of an atlministrettte Insects. hearing the City shall not remove or ¢ (e) Defective or obsolete condi- have removed such vehicle until tee q y tion. Any vehicle or part of a hearing committee has rendered a this J^`^ day of A.D. veh(cle which because of its decision affirming removal and the defective or obsolete condi- petitioner is notified of sigh tion, constitutes a threat to hearing• determination by personal lg glj the public health and safety. service or by certified mail, return 2) Section 24-102 of the Code of Ordi- receipt requested. nances of the City of Iowa City, Iowa, is (b) No person shall interfere with, hereby repealed and substituted in its hinder or refuse to allow the City or -21-4"--- ---e-A-1--1" place is the following new Section 24-1021 its agent to enter upon private NotaryPublic Sec. 24-102. Notice to abate irgr- property for the removal of inoper- able/obsolete vehicles under the able/obsolete vehicles. I (e), The City Manager may authorize any provisions of this Article. No. _S /SO employee of the City to investigate, If he locate and identify inoper- (c) has toot inoperable/obsolete within vehicle t__Iimpoundment,- a • able/obsolete vehicles on private period of ten days after poundment, property. Such authorized employee it shall be deemed an abandoned --shall have full authority to serve vehicle and may be sold by the City o ', SHARON STUBBS the abatement notice as prescribed pursuant to State law. below. (d) If the inoperable/obsolete vehicle is (b) Whenever any inoperable/obsolete not sold or if the proceeds of such vehicle is found to exist, the City sale orredemption are not sufficient . shall serve upon the owner of the for payment of the cost of removal, property upon which such vehicle is notification, preservation, storage, stored, parked, or left, a notice and sale of said inoperable/obsolete requiring abatement or removal of vehicle, such cost or the balance of such vehicle within ten days or such such cost may be assessed against the other timeafter service of notice as property for collection in the same the City may determine to be reasona- manner as a.property tax. bly sufficient to- enable such (e) In a situation of clear and compel- abatement or removal to be made. ling emergency, the City is author- (c) Any notice required by this section ized to remove and to away or have shall be served by attaching notice removed and towed away by a career- securely to the inoperable/obsolete cial toning service, any vehicle - vehicle, and: declared a nuisance under Section (1) By sending the notice by certi- 24-101 withoutprior notice and fled mail, return receipt opportunity of hearing. The costs of requested, to the owner of said such action may be assessed against property es shown by the records the property for collection in the oqff the County Assessor; or same manner as a property tax. (2) By personal service of said ' However, prior to such assessment, notice to the owner of said 1 the City shall give the property property as shown by the records owner notice by certified mail and an of the County Assessor, opportunity for a hearing before the City Council 5) Chapter 24, Article VI, of the Code of Ordinances of the City of Iowa City Iowa, is herebyamended by adding the following -nnew Section 24-105: ef_c_3a 02 a — -Sec. 24-11R,-Pont,. - -- ' (a) Whenever any person having been served with a notice for the reason ' and in the manner prescribed by this ' , Article shall 'refuse, fail, or neglect to obey or remove the nuisance referred to in said notice. within the time therein stated, . besides the sanctions provided is Section 24-104, said person shall be guilty of a simplemisdemeanor, and. upon conviction shall be subject to the penalty of a fine met to exceed 4100 or by imprisonment not'-to exceed 30 days. Each 24 hour period during which such person shall not have compliedwith the provisions of this Article shall be construed as a separate_violation. 6) Chapter 24, Article VI, of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the folowing new.Section 24-107: Sec. 24-101.. Cenral Abstained hF cedures. (a) Notices to corrector abate nuisances and the procedures for abatement thereof shall be in accordance with the Code of lona. SECTION 2. REPEALER: All ordinances and parts of orainaoces in conflict with the provision of this ordinance are Welly repealed. SECTION 3. SEVERABILITY: If any section,' ' provision or part of the Ordinance shall be adjudged to be invalid m unconstitu- tional, 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 4. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required b law. Pas vane ..proved.thi 16th day of July, 1985. �- .O��.�. - ATTEjL ,) K 00332 h July 24,1985 ORDINANCE N0. 85-3246 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO NEW SECTION 31-11 , PROHIBITING THE DEPOSIT OF DIRT, MUD, OR OTHER DEBRIS ON PUBLIC RIGHT-OF- WAY. SECTION I . PURPOSE. The purpose of this ordinance is to prohibit, as a nuisance, the deposit of certain debris on the public right-of-way and to provide for removal of such debris in a timely manner. SECTION II . AMENDMENT. Chapter 31 of the Code of Ordinances of the City of Iowa City is hereby amended by adding thereto new Section 31-11 : Section 31-11 Nuisance; Deposit of debris on public right-of-way. (a) No owner or person in possession or control of any property shall deposit or allow to be deposited by any means, including but not limited to, erosion, use of construction equipment, or tracking by vehicles , any dirt, mud, gravel or other debris of any sort upon the public right-of-way. Such deposit of such debris upon the public right-of-way is a public nuisance. As used in this section, the term "public right- of-way" includes public streets, alleys, and sidewalks. (b) In the event that dirt, mud, gravel or other debris of any sort is deposited upon the public right-of-way as described in sub-section (a) , the owner or person in possession or control of the property from which such debris was deposited shall remove such debris from the public right-of-way promptly and in no case later than the same day when such debris was deposited. If the owner or person, in possession or control of said property fails to remove such debris in a timely manner as prescribed herein, the City may perform the removal and 3 e2 Ordinance No 85-3246 Page 2 assess the costs of same against the property for collection in the same manner as a property tax. (c) Notwithstanding any other provi- sions of this section, whenever in the judgment of the director of public works or the police chief an emergency exists creating a health or safety hazard which may require immediate removal of said debris from the public right-of-way, the City may perform such removal of said debris and assess the costs of same against the property for collection in the • same manner as a property tax. However, prior to such assessment, the City shall give the property owner notice by certified mail and ' an opportunity for a hearing before the City Council. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of this 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 un- constitutional . SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed a : approved this 16th day of it July, 1985 / Oin ,MMA OR ATTES -: �,,;,-.,,,,J ois 7 /f ) CITY CLERK Re+ *nd A A;an yeas, ily Th: Le a1 ^:.r rhneni Tzt'gs Ordinance No. 85-3246 Page 3 It was moved by Erdahl and seconded by Ambrisco that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber First Consideration June 4, 1985 Vote for passage: Ayes: Baker, Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco Nays: None Second Consideration 6/18/85 Vote for passage: Ayes: Erdahl, McDonald, Strait, Ambrisco, Baker. Nays: None. Absent: Dickson, Zuber. Date published July 24, 1985 CITY OF OWA 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 Ordinanc attached hereto is a true and correct copy of the Ordinance No. 85- 6 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of July , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of July , 19 SS Dated at Iowa City, Iowa, this 8th day of Auoist ,19 87, Ramona Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO.85.3246 AN'ORDINANCE AMENDING CHAPTER 31 OF THF CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO NEW SECTION 31-11, PROHIBITING THE DEPOSIT OF DIRT, MUD, OR OTHER DEBRIS ON PUBLIC RIGHT-OF- WAY. SECTION I. PURPOSE. The purpose of this - ordinance is to prohibit, as a nuisance, the deposit of certain debris on the public right-of-way and to provide for removal of such debris in a timely manner. SECTION ii. AMENDMENT. Chapter 31 of the r Code of Ordinances of the City of Iowa City is hereby amended by adding thereto new Section 31-11: GSection 31-11 Nuisance; Deposit of Printers fee debris on public right-of-way. (a) No owner or person in possession or control of any property shall deposit or allow to be deposited CERTIFICATE OF PUBLICATION by any means, including but not limited to, erosion, use of STATE OF IOWA, Johnson County,ss: construction equipment, or tracking by vehicles, any dirt. THE IOWA CITY PRESS-CITIZEN mud, gravel or other debris of"any sort upon the public right-of-way. Such deposit of such debris upor the public right-of-way is e public nuisance. As used in this I section, the term "public right- of-way' inc.lbdes public streets, Bronwyn S. Van Fossen, being duly alleys, and sidewalks. sworn, say that I am the cashier of the (b) In the event that dirt, mud, gravel or other debris of any sort IOWA CITY PRESS-CITIZEN, a news- is deposited upon the public paper published in said county, and that right-of-way as described in a notice, a printed copy of which is sub-sectip (a), the owner or person in possession or control of hereto attach d, was published in said the property from which such debris was deposited shall remove paper timelsl, on the fol- such debris from the public lowing datels): casetlater athanr t etlsamend dayi wheno n such debris was deposited. If'the owner or person in possession or / control of said property fails to /the4/ /y.Ysremove such debris in a timely / manner as prescribed herein, the n / City may perform the removal and {`/� (/ _. Assess the costs of same against 'the property for collection in the Cashier same manner as a property tax. (c) Notwithstanding any other provi- . sions of this section, whenever ih the judgment of the director of public works or the police chief Subscribed and sworn to before me an emergency exists creating a health or safety hazard which may require immediate removal of said this (A± day of_11—).1____, A.D. debrjs from the public right-of-way, the City may perform such removal of said debris and assess the costs of same against 19 �• the property for collection in the /� same manner as a property tax. ~ ESL However, prior to such assessment, A.J�)1 the City shall give the property owner notice by certified mail and Notary Public an opportunity for a hearing Ir Q before the City Council. SECTION �1 O. U III. REPEALER: All ordinances and J darts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION iV. SEVERABILITY: If any SHARON STUBSS section, provision or part of this Ordi- B, nance shall be adjudged to be invalid or s 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 un- constitutional. SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed a d approved this 16th day of July, 1985 /Y (1411 c. MAYO ATTE 73 CM' CLERk 01333 July 24, 1985 ORDINANCE NO. 85-3247 AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I . PURPOSE. The purpose of this amendment is to exempt hot air balloons from the prohibition of operating at an altitude of less than 1000 feet over the City provided that they are safely operated and that operators have prior approval from landowners for take-off and landing in the City. SECTION II . AMENDMENT. Section 4-1 of the Code of Ordinances of the City of Iowa City, Iowa , is hereby repealed and substituted in its place is the following new Section 4-1: Sec. 4-1. Operation over city. No person shall operate or cause to be operated in the air over the city any airplane or other aircraft at an altitude of less than one thousand (1000) feet, or perform with the same any tailspin , loops , or other so-called stunts or acrobatics or maneuvers of a similar nature above the city nor land the same within the city limits unless the consent of the Airport Manager or his designee to so operate or land the same has first been secured , except at the airport under the rules and regulations governing the same and in compliance with the laws of the state. This section shall be waived for hot air balloons operated by licensed, insured pilots , providing that balloon- ing operations are conducted in a safe and prudent manner, do not interfere with airport air traffic, and are in accordance with applicable Federal Aviation Administration Regulations. No person shall use any site in the city for ballooning operations, including take-off and landing, without obtaining prior approval from the landowner. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. Ordinance No. 85-3247 Page 2 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 ap.roved this 30th day of July, 1985. / / 4111,44 .110112 MAYOR ATTEST: //e„1„... • . ,ori Y CLERK Received & Approved By The Legal Department 7/1018S- - It was moved by Strait , and seconded by Dickson , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO Y BAKER X DICKSON x ERDAHL X MCDONALD X STRAIT X ZUBER First consideration July 16, 1985 Vote for passage: Ayes: Zuber, Ambrisco, Baker, Dickson, McDonald, Strait. Nays: Erdahl. Absent: None Second consideration Vote for passage Date published 8/7/85 Moved by Strait, seconded by Zuber, 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: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nayes: None Absent: Erdahl. a 7 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA OW, IOWA 52240 (319) 356-50M 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. 85-3247 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of July , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of August , 19 85 Dated at Iowa City, Iowa, this 17thiay of September :19 85 7 LCLLLs G4 a na Parrott, Deputy City Clerk • OFFICIAL PUBLICATION ORDINANCE NO. 85-3247 AN ORDINANCE AMENDING SECTION 4-I OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IDWA CITY, IOWA, THAT: o1_ SECTION I. PURPOSE. The purpose of this ! • amehdment is to exempt hot air balloons / freS the prohibition of operating at an altitude of less than 1000 feet over the Printers fee$ City provided that they are safely operated and that operators have prior CERTIFICATE OF PUBLICATION arproval from landowners for take-off and SECTION in the City. STATE OF IOWA, Johnson Count ss: SECTION II. AMENDMENT. Section 4-1 of y' the Code of Ordinances of the City of Iowa THE IOWA CITY PRESS-CITIZEN City, Iowa, is hereby repealed and substituted in its place is the following new Section 4-1: Sec. 4-1. Operation over city. No person shall operate or cause to j be operated in the air over the city • any airplane or other aircraft at an Bronwyn S. Van Fossen, being duly altitude of less than one thousand sworn, say that I am the cashier of the (1000) feet, or perform with the same any tailspin, loops, or other so-called IOWA CITY PRESS-CITIZEN, a news- stunts or acrobatics or maneuvers of a paper published in said county, and that similar nature above the city nor land a notice, a printed copyof which is the same within the city limits unless the consent of the Airport Manager or hereto attajed, was published in said his designee to so operate or land the paper / timelS), on the fol- same has first been secured, except at the airport under the rules and lowing date(s): reegulationnsw governingtthe same and in This section shall be Waived for hot air balloons operated by licensed, /�1cL insured pilots, providing that balloon- C ing operations are conducted 1n a safe and prudent manner. do not inFederal with airport air traffic, and are in accordance with applicable Federal Aviation Administration Regulations. No Cashier person shall use any site in the city for ballooning operations, including take-off and landing, without obtaining prior approval from the landowner. SECTION III. REPEALER: All ordinances Subscribed and sworn to before me and parts of ordinances in conflict with � q the provision of this ordinance are hereby thlsaaa/�,.yy/Y �// � ,, repealed. l__l.f.�tl ay ofs , A.D. SECTION IV. SEVERABILITY: If any tJJ section, provision or part of the Ordi- mance shall be adjudged to be invalid or I9 unconstitutional, such adjudication shall �l not affect the validity of the Ordinen-n •�--- D�� as a whole or any section, provision o a\YIS/` part thereof not adjudged invalid or o �)� x 1' unconstitutional. Notary Public SECTION V. EFFECTIVE DATE: Ibis Ordi- nance shall be in effect after its final N O.l,S I O�j O passage, approval and publication as required by law. Passed and a.•roved this 30th day of July, 1985. / SHARONSTUBBS w.•, ATTEST: Li„ tN 01551 • August 7, 1905 ORDINANCE NO. 85-3248 AN ORDINANCE AMENDING SECTION 8-82 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA TO CLARIFY A STANDARD RELATING TO ISSUANCE OF HOUSE MOVERS PERMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1 . PURPOSE. The purpose of this ordinance is to amend the House Movers Ordinance to clarify a standard relating to issuance of permits. SECTION 2. AMENDMENT. Section 8-82 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the following new Section 8-82: Sec. 8-82. Standards for permit 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 or 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 in effect at the time of the application in the govern- mental jurisdiction where the building is to be located. 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. 3a8' Ordinance No. 85-3248 Page 2 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 unconstitu- tional , 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 Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and apiroved this 30th day of July, 1985. / E L / MAYOR ATTEST: �JgAan,) • 164,,L)CITY CLERK Received & Approved By The Legal Department ►i ' 515 oa9 It was moved by Strait , and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 6/18/85 Vote for passage: Ayes: Ambrisco, Baker, Erdahl, McDonald, Strait. Nays: None. Absent: Dickson, Zuber. Second consideration 7/16/85 Vote for passage Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None Date published 8/7/85 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CTY, 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. 85-3248 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of July , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of August , 19 85 Dated at Iowa City, Iowa, this 17thday of September ,19 85 Ram a Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE N0. 85-3248 AN ORDINANCE AMENDING SECTION 8-82 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA TO CLARIFY A STANDARD RELATING TO ISSUANCE OF HOUSE MOVERS PERMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: O9 SECTION 1. PURPOSE. The purpose of this J�j ordinance is to amend the House Movers ✓ Ordinance to clarify a standard relating Printers fee$ ig . to issuance of permits. SECTION 2. AMENDMENT. Section 8-82 of the Code of Ordinances of the City of Iwa CERTIFICATE OF PUBLICATION - City, Iowa, is hereby repealed and substituted in its place is the followingSTATE OF IOWA, Johnson County,ss: nem Section 8-82: THE IOWA CITY PRESS-CITIZEN Sec. 8-82. Standards for permit issuance. The City shall refuse to issue a permit required by this division if: (1) Any application requirements or I, not feenordepeen osit wth.requirement has n Bronw S. Van Fossen, beingduly (2) The building is in such a state of Sr deterioration, or disrepair or sworn, say that I am the cashier of the otherwise so structurally unsafe IOWA CITY PRESS-CITIZEN, a news- that it could not be moved without paper published in said county, and that endangering persons and propertyin the city. a notice, a printed copy of which is .(3) The building in its new location hereto attach d, was published in said would not comply with the building code, electrical code. plumbing paper time(s), on the fol- v code, zoning ordinance, state lowing datelsl: energy odeand shandicappd accessibility tee or e ordinances in effect at the time of the application in the govern- mental jurisdiction where the w y building is to be located- This .a subsection shall not be construed n to prohibit' the moving of a �lL * dies. building fora which applicant has obtained a building permit which provides for construction or Cashier alterations to the building which will bring it to code standards. (4) For any other reasons, persons or property in the city would be Subscribed and sworn to before me endangered by the moving of the building. �-sQ ( 11 SECTION 3. REPEALER: All ordinances and this r,C-L ay of_t„ A.D. parts of ordinances in conflict, with the provision of this ordinance are hereby 19 gS".' repealed. SECTION 4. SEVERABILITY: If any section, provisiondr part of the Ordinancershall. �` be adjudged to be invalid or unconstiect 1 (/. Q� y� I Lionel, such ofthcation shall not affect ��'1/c , the validity the Ordinance as a whole Notary PubliC or any section, provision or part thereof )�C '1 not adjudged invalid or unconstitutional. N o.JJ28c SECTION 5. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. 3bth d� of Passed and ap•roved this y July, 1985. . 4r. SHARON STUBBS / 4 OF ' - t•,• / ATTEST: /i.. a -•- - - ' 11550 .:r : August 7,1985 I ORDINANCE NO. 8S-3249 AN ORDINANCE AMENDING THE ZONING ORDI- NANCE, FLOOD HAZARD OVERLAY ZONES, TO PROVIDE FOR THE ADOPTION OF REVISED FLOOD MAPS AND A FLOOD INSURANCE STUDY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to permit the use of revised flood maps and flood insurance study dated June 5, 1985 for the implementation of the Flood Hazard Overlay Zones. SECTION II. AMENDMENTS. Chapter 36 of the Iowa City Municipal Code entitled Zoning Ordinance is hereby amended as follows: A. Section 36-31(c) is hereby repealed and the following is adopted in lieu thereof: Section 36-31(c) Adoption of flood maps and flood insurance study. The City has adopted the revised Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the Flood Insurance Study dated June 5, 1985, provided by the Federal Emer- gency Management Agency as the official 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 Emergency Management Agency. B. Section 36-32(d) is hereby repealed the following is adopted in lieu thereof: Section 36-32(d) Base flood elevation/flood protection elevation. The water surface elevation of the 100 year flood, which is shown on the revised Flood Insurance Rate Map (FIRM) , assuming only that encroach- ment on the floodplain that existed when the revised Flood Insurance Rate Map dated June 5, 1985 was adopted. Additional and complete encroachment to the flood way encroachment lines will cause the water level to sur- charge one (1) foot or less above the 351 Ordinance No. 85-3249 Page 2 flood protection elevation as shown in Table I of the revised Flood Insurance Study. 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 13th day of August, 1985 MAYOR Pro to ATTEST: ///�'n; ,) -74 r1.1 / l CITY CLERK Received & Approved BY The -gal De• mimeo f3. r s, pr. 33a It was moved by Strait , and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL _ X MCDONALD X STRAIT X ZUBER First consideration July 16, 1985 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None Second consideration July 30, 1985 Vote for passage Ayes: hrdahi, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Date published August 21, 1985 303 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CCO 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. 8S-3249 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of August , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of August , 19 85 , Dated at Iowa City, Iowa, this 17ttbay of September ,1985 6444-n-a--/C241--1- Ra a Parrott, Deputy City Clerk OFFICIAL PUBLICATION ' ORDINANCE NO, 85-3249 AN ORDINANCE AMENDING THE ZONING ORDI- NANCE, FLOOD HAZARD OVERLAY ZONES, TO PROVIDE FOR THE ADOPTION OF REVISED FLOOD MAPS AND A FLOOD INSURANCE STUDY. BE IT ORDAINED BY THE CITY COUNCIL OF THE °I CITY OF IOWA CITY, IOWA: • SECTION I. PURPOSE. The purpose of this ordinance is to permit the use of revised Printers fee$ I I flood maps and flood insurance study dated June 5, 1985 for the implementation of the Flood Hazard Overlay Zones. CERTIFICATE OF PUBLICATION theSECTliowa II City NDMENT al CodeS. teent'tled r 36 of STATE OF IOWA, Johnson County,ss: Zoning follows: is hereby amended as foli THE IOWA CITY PRESS-CITIZEN A. Section 36-31(c) is hereby repealed and the following is adopted in lieu thereof: Section 36-31(c) Adopti,on of flood maps and flood insurance study. I The C{ty has adopted the revised Flood Insurance Rate Map, the Flood Bronwyn S. Van Fossen, being duly • Boundary and Floodway Map and the sworn, saythat Iam the cashier of the Flood Insurance Study dated June 5, 1985, provided by the Federal Emer- IOWA CITY PRESS CITIZEN, a news gency Management Agency as the paper published in said county, and that official documents. No ordinance related to these documents shall be a notice, a printed copy of which is adopted or enforced based upon hereto attaclled, was published in said modified data reflecting natural or paper time(s), on the fol- man-made physical changes without prior approval of change in the lowing date(s): documents by the Federal Emergency Management Agency. B. Section 36-32(d) is- hereby repealed the following is adopted in lieu thereof: Base flood p2/ / Section 36-32(d) �'� g �/ � elevation/flood protection elevation. ,! The water surfacehelevation of the 1e0 er flood, which isshown on the revised Flood Insurance Rate Map Cashier� (FIRM), assuming only that encroach- ment on the floodplain that existed when the revised Flood Insurance Rate Map dated June 5, 1985 was adopted. Subscribed and sworn to before me Additional and complete encroachment to the flood way encroachment lines will cause the water level to sur- charge one (1) foot or less above the t hi s ay O f A.D. flood protection elevation as shown in Table I of the revised Flood Insurance I9 SJ{--- Oudy. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby p4 � repealed. -"• --PA— " �".-'���' � SECTION iV. SEVERABILITY: If any Notary Public section, provision or part of the Ordi- nance shall be adjudged to be invalid or No.as-)8 C) 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 Ortli- SHARON STUBE3S nance shall be in effect after its final passage, approval and publication as required by law. " o,x -,t��.. • Passed and approis 13th day of August, 1985. / MAYOR Pro eel ATTEST: )11v2 C ITY CLERK 4",,,,,i f 03011 August 21,1985 ORDINANCE NO. 85-3250 AN ORDINANCE AMENDING THE SIGN REGULATIONS OF THE ZONING ORDINANCE TO PERMIT FACIA SIGNS TO COVER 15% OF THE SIGN WALL AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I . PURPOSE. In order to allow full usage of the building signage allow- ance, particularly in covered malls and other structures in which window and awning signs are not practical , this ordinance allows the use of facia signs to meet the maximum building signage allow- ance of 15%. SECTION II. AMENDMENT. The following sections of the Sign Regulations adopted by Ordinance 85-3226 are amended as follows: Sec. 36-62(c) (2)c.2.a be deleted and the following inserted in lieu thereof: a. Sign: Facia. Maximum area: Fifteen percent (15%) of the sign wall area. Maximum height: None. Sec. 36-62(c) (3)c.2.a. be deleted and the following inserted in lieu thereof: a. Sign: Facia. Maximum area: Fifteen percent (15%) of the sign wall area. Maximum height: None. Sec. 36-62(c) (4)c.2.a. be deleted and the following inserted in lieu thereof: a. Sign: Facia. Maximum area: Fifteen percent (15%) of the sign wall area. Maximum height: None. Sec. 36-62(c) (5)c.2.a. be deleted and the following inserted in lieu thereof: a. Sign: Facia. Maximum area: Fifteen percent (15%) of the sign wall area. Maximum height: None. Sec. 36-62(c) (6)c.2.a. be deleted and the following inserted in lieu thereof: a. Sign: Facia. Maximum area: Fifteen percent (15%) of the sign wall area. Maximum height: None. SECTION III. CERTIFICATION. The City Clerk is hereby authorized to certify said amendment upon passage and approval by law and record same at the Johnson County Recorder's Office. Ordinance No. 85-3250 Page 2 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 unconstitu- tional , 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 VI . EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and a;i'roved this 27th day of August, 1985. / / G% 2 MAYOR ATTEST: 1,42a„J �M/ CITY CLERK hbs• ,17 S ft By Th- Leal Depart P 8 F' Ment It was moved by Ambrisco , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 7/30/85 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None Second consideration 8/13/85 Vote for passage Ayes: Erdahl, Strait, Ambrisco, Baker, Dickson. Nays: None. Absent: McDonald, Zuber. Date published 9/4/85 CITY OF IOWA CITY CMC 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. 85-3250 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of August , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 4th day of September , 19 85 Dated at Iowa City, Iowa, this 3rdday of October ,19 85 . amo Parrott, Deputy City Clerk OFFICIAL PUBLICATION y ORDINANCE NO. 85-3230 AN ORDINANCE AMENDING THE SIGN REGULATIONS OF THE ZONING ORDINANCE TO PERMIT FACIA ;IGNS TO COVER 15% OF THE SIGN WALL AREA. 4 EE IT ORDAINED BY THE CITY COUNCIL OF tHE `ie CITY OF IOWA CITY, IOWA: SECTION j. PURPOSE. in order to allow r 1:u1(vsage of the building signage allow- ance, .particularly in covered malls and Printers fee other structures in which window and awning signs are not practical, this c-dinance allows the use of facia signs to CERTIFICATE OF PUBLICATION meet the maximum building signage allow- ance of 15%. STATE OF IOWA, Johnson County,ss: SECT::ON II. AMENDMENT. The following THE IOWA CITY PRESS-CITIZEN salons of the STgn 'Regulations adopted by Ordinance '85-3226 are amended as follows: Sec. 36-62(c)(2)c.2.a be deleted and the following inserted in lieu thereof: I a. Sign: Facia. Maximum area: Fifteen percent Bronwyn S. Van Fossen, being duly (15%) of the sign wall area. sworn, say that I am the cashier of the Maximum height: None. . Sec. 36-62(c)(3)c.2.a, be deleted and IOWA CITY PRESS-CITIZEN, a news- • the following inserted in lieu thereof: paper published in said county, and that a. Sign: Facia. Maximum area: Fifteen percent a notice, a printed copy of which is (15%) of the sign wall area. hereto atta ped, was published in said Maximum height: None. / paper time(s), Sec. 36-62(c)(4)c.2.a. be deleted and on the fol- the following inserted in lieu thereof: lowing date(s): a. Sign: facia. Maximum area: Fifteen percent (15%) of the sign wall area. Maximum height: None. /�>�_ �- `� �� S Sec. 36-62(c)(5)c.2.a. be deleted are_,./4 r41,.. ti! � the following inserted in lieu thereof: 7 a. Sign: Facia. 104.4„i...GC ( Maximum area: Fifteen percent AA / � (15%) of the sign wall area. l " Maximum height: None. Cashier Sec. 36-62(c) (6)c.2.a. be deleted and the following inserted in lieu thereof: a. Sign: Facia. Maximum area: Fifteen percent (15%) of the sign wall area. Subscribed and sworn to before me Maximum height: None. SECTION III. CERTIFICATION. The City !!ll TTe'rk is hereby authorized to certify said this,�v ay of A.D. amendment upon passage and approval by law and record same at the Johnson County L\ Recorder's Office. 19 . SECTION IV. REPEALER: All ordinances and parts of ordinances in confli t with the provisicn of this ordinance are hereby repealed. S—Q—C2-4--(--6.NN Sjta--0,------:.D . SECTION V. SEVERABILITY: If any section, Notary Public provision or part of the Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect No. L► L�v the validity of the Ordinance as a whole or any section, provision or part thereof not adj'{dged invalid or unconstitutional. SECTION -0.4 `s, SHAROti STUBBS mince shall beinEFFECTIVE DATE: effectafterThis its ffinal passage,,,approval and Publication as - required by law., •': Passed and pproved this 27th day of Ids August. 1485. /x`.$60 ;MIST: MAYOR ;MIST: /,, - " I L -•.03327:-_ September 4,1985 ORDINANCE NO. 85- 3251 AN ORDINANCE TO AMEND CITY CODE OF ORDINANCES CHAPTER 26 RELATING TO PEDDLERS AND SOLICITORS TO PROVIDE PROCEDURES FOR APPEAL OF DENIAL OR REVOCATION OF SUCH PERMITS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I . PURPOSE. The purpose of this ordinance is to revise the City Code of Ordinances to clarify the rights of applicants and businesses to hearings when applications for permits are denied by the City Clerk, or permits are revoked. SECTION II. AMENDMENTS. Sections 26-18 and 26-23 of the Iowa City Code of Ordinances are hereby repealed , and the following are adopted in lieu thereof: Sec. 26-18 Denial ; appeal . Any person aggrieved by the action of the City Clerk in the denial or revocation of a license as provided in this chapter shall have the right of appeal to the City Manager. Such appeal shall be taken within ten (10) days of the action complained of by filing with the City Manager a written statement setting forth fully the grounds for the appeal . The City Manager shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the petitioner therefor in the same manner as provided for notice of hearing upon revocation. The decisions and order of the City Manager on such appeal shall be final and conclusive. Sec. 26-23. Revocation ; Emergency Orders ; Hearing. The City Clerk may revoke any license issued under this chapter where the licensee, in the application for the license or in the course of conducting his/her business has made fraudulent or incorrect statements, or has violated this chapter or has otherwise conducted his/her business in an unlawful manner. Falsification of information on the application shall be grounds for revocation. However, prior to revoca- tion the City Clerk shall afford the licensee an opportunity for a hearing as to whether or not the license shall ORDINANCE NO. 85-3251 PAGE 2 be revoked. Notice of the hearing on revocation of a license shall be given in writing, setting forth specifically the grounds of complaint, and the time and place of hearing. Such notice shall be either hand delivered or mailed by registered mail to the licensee at his/her local address as shown on the permit application at least twenty-four (24) hours prior to the time set for hearing. If, after such hearing, the Clerk determines that there are grounds for revocation, or if the licensee fails to appear at such hearing, the revocation shall be effective immediately or at the time and manner prescribed by the Clerk. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional , such adjudication shall not affect the validity of the Ordinance as a whale 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 d approved this 27th day of August, 198 . • __ Y 4 MAYOR ATTEST: Q.,f -k'. r,,i J CITY CLERK Received & Approved By Th. loge{ Department '1//c/fr It was moved by Dickson , and seconded by Ambrisco , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X _ BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration July 16, 1985 Vote for passage: Ayes: Strait, Zuber, Ambrisco, Dickson, Erdahl, McDonald. Nays: Baker. Absent: None. Second consideration 8/13/85 Vote for passage Ayes: Dickson, Erdahl, Strait, Baker, Ambrisco. Nays: None. Absent: McDonald, Zuber. Date published 9/4/85 x.39 CITY OF IOWA CTY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CM 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• 85-3251 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of Auutst , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 4th day of September , 198S Dated at Iowa City, Iowa, this 3rd day of October '1985 Ram na Parrott, DeputClerk V OFFICIAL PUBLICATION ��2 ''/ ORDINANCE NO. 85- 3.251 Printers fee / AN ORDINANCE TO AMEND CITY CODE OF ORDINANCES CHAPTER 26 RELATING TO PEDDLERS AND SOLICITORS TO PROVIDE PROCEDURES FOR APPEAL OF DENIAL OR REVOCATION OF SUCH CERTIFICATE OF PUBLICATION PERMITS. 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- 'PI" jiji _ paper published in said county, and that 111111, a notice, a printed copy of which is i 1;��/ ------- hereto attacked, was published in said paper / time(s), on the fol- 10 lowing datels): ;Jail IQ 01011 Ild 7e--424ALL) 64°__C --\ 0,10-4i L ‘irc 01 OW'(IAA of f) sdc-o-it.u.r.d (yel4t)-0--1- --z-0---- 14.1- -40 Cashier4uDAi Ag I I Subscribed and sworn to before me thisoZday of -P-1ds', A.D. 19 - i ,'' 2i1-4-.1.0 — 4j S,--D.....ek—t_e-r,__ ---t--k--V2---o Notary Public SoN N i I `0. (I SSI 86 'd ANV ' , 131% 8.0.4.... SHARON STUBBS r' ORDINANCE NO. 85-3252 ORDINANCE AMENDING THE ZONING ORDINANCE DEFINITIONS OF HIGH-RISE AND LOW-RISE DWELLINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That the Iowa City Code of Ordinances Sections 36-4(d) (12) and 36-4(d) (13) are deleted and the following are inserted in lieu thereof: Section 36-4(d) (12) Dwelling, high- rise multi-family. A multi-family dwelling exceeding 65 feet in building height. Section 36-4(d) (13) Dwelling, low- rise. A multi-family dwelling which is 35 feet or less in building height. SECTION II. CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage of publication as provided by law. SECTION 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 .nd approved this 10th day of September, 985. AYOR ATTEST: 44.......0„) -7f, 4,) CITY CLERK nY The ".):°"Q;"Q $at °Iry riming It was moved by Baker , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD '57 STRAIT X ZUBER First consideration 8/27/85 Vote for passage: Ayes: Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Second consideration Vote for passage Date published 9/18/85 Moved by Baker, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Absent: Ambrisco. =,74l/ CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA OW, IOWA 52240 (319) 356-5003 STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 85-3252 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of September , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 18th day of September , 19 85 Dated at Iowa City, Iowa, this 3rd day of October ,19 85 CP . Ramo a Parrott, Deputy City Clerk OFFICIAL PUBLICATION • ORDINANCE NO. 85.3252 ORDINANCE AMENDING THE ZONING ORDINANCE Printers fee$ DEFINITIONS OF HIGH-RISE AND LOW-RISE DWELLINGS. CERTIFICATE OF PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS-CITIZEN SECTION I. AMENDMENT. That the Iowa City Code of Ordinances Sections 36-4(d)(12) and 36-4(d)(13) are deleted and the following are inserted in lieu thereof: Section 36-4(d)(12) Dwelling, high- 1, rise multi-family. A multi-family dwelling exceeding 65 feet in building Bronwyn S. Van Fossen, being duly height. Section 36-4(d)(13) Dwelling, lour sworn, say that I am the cashier of the rise. A multi-family dwelling which is IOWA CITY PRESS-CITIZEN, a news- 35 feet or less in building9 height. paper published in said county, and that SECTION iI. CERTIFICATION. The city Clerk is hereby authorized and directed to a notice, a printed copy of which is certify a copy of this ordinance to the hereto attach d, was published in said County Recorder of Johnson County, Iowa, upon final passage of publication as paper time(s), on the fol- provided by law. lowing date(s): SECand parts TION lof ordinances I. REPEALER. Aordinancesll inconflictwith the provision of this ordinance are hereby repealed. /4) d/� �� SECTION IV. orprovisionOrthe'Ordi- section, or 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 Cashier part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final Subscribed and sworn to before me required by lawval and publication as Passed :rid approved this 10th day of September, 985. this3011.clay o A.D. , ,d 19 3 S----PS-G‘ y n ATTEST: ..ef 7(�j r „0" A-"I-TN A 03512 September 18, 1905 Notary Public N o. O SHARON STtJBBS , ow. e� ORDINANCE NO. 85-3253 ORDINANCE AMENDING THE ZONING ORDINANCE SIGN REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Sections 36-61(d) (1) and 36-62(a) (2)b are hereby amended by the following: Sec. 36-61. Definitions. (d) (1) Development sign. A sign desig- nating the name of a large scale residential or non-residential development, as defined in Chapter 27 of the Code of Ordinances , or of a subdivision consisting of two (2) acres or more. Sec. 36-62. Permitted signs. (a) (2)b. Development signs. One (1) monument sign in ID and R zones and one (1) monument or free-standing sign in other zones shall be permitted at each street entrance to a large scale development or a subdivision, provided the following require- ments are met: 1. In ID and R zones, the sign shall not exceed a total area of 64 square feet, 32 square feet per sign face, nor a height of five (5) feet. 2. In other zones, the sign shall not exceed the size and height limitations for the same type of sign, i .e. free-standing or monument sign, permitted in the zone and for the lot on which the sign is located. SECTION II . REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III . SEVERABILITY. If any section, provision or part of the 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 . 05/.2 O. lance No. 85-3253 Page 2 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 10th day of September, 198. . fjt [� ,e MAYOR ATTEST: //,/,L„ , . Ileitd ' L . ver It was moved by Strait , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER XDICKSON X ERDAHL _ ____ MCDONALD X STRAIT ' X ---- ZUBER First consideration 8/13/85 Vote for passage: Ayes: Dickson, Erdahl, Strait, Ambrisco. Nays: Baker. Absent: McDonald, Zuber. Second consideration 8/27/85 Vote for passage Ayes: McDonald, Strait, Zuber, Ambrisco, • Dickson, Erdahl. Nays: Baker. Date published 9/18/85 k.F4 y CITY OF IOWA 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. 85-3253 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of September , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 18th day of September , 19 85 Dated at Iowa City, Iowa, this 3rd day of October ,19 85 . Ram Ra Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 8 -3253 ORDINANCE AMENDING THE ZONING ORDINANCE SIGN REGULATIONS. • v BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 'I SECTION 1. AMENDMENT. Sections 36-61(d)(I) and 36-62(a)(2)b are hereby amended by the fol lowing: Printers fee S /L/ Sec. 36-61. Definitions, (d)(1) Development sign. A sign desig- nating the name of a large scale CERTIFICATE OF PUBLICATION residential or non-residential STATE OF IOWA, Johnson County,ss: dedevelopment,thLas as efined in f dinancespter er THE IOWA CITY PRESS-CITIZEN A of a subdivision consisting of two (2) acres or more. Sec. 36-62. Permitted signs. (a)(2)b. Development signs. One (1) monument sign in ID and R zones I and one (I) monument or free-standing sign in other Bronwyn S. Van Fossen, being duly zones shall be permitted at each sworn, say that I am the cashier of the street entrance to a large scale IOWA CITY PRESS-CITIZEN, a news- development or a subdivision, provided the following require- paper published in said county, and that ments are met: a notice, a printed copyof which is 1. In ID and R zones, the sign shall not exceed a total area • hereto attar ed, was published in said of 64 square feet, 32 square a er time(s), on the fol- feet per sign face, nor a papheight of five (5) feet. lowing date(s): 2. In other zones, the sign shall not exceed the size and height limitations for the same type of sign, i.e. Lit L�/f/ �� free-standing, orf monument 2/9C si n, permitted in the zone � andifor theolot on which the // sign Is located. �� I��, ....4-(..--A-;% SECTION II. REPEALER. All ordinances and S Lparts of ordinances in conflict with the Cashier provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any Section, provision or part of the Ordi- Subscribed and sworn to before me nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance thts3O day of as a whole or any section, provision or A.D. part thereof not adjudged invalid or unconstitutional. 19 1S . SECTION IV. EFFECTIVE DATE. This Ordi- . nance shall be in effect alter its final passage, approval and publication as / required by law. ...... Passed and 1.pproved this loth day of Notary Public September, 19:5. / 'O. I15 0b •YOR ATTEST: `)C >Y. yi AJ CLbRN SHARON STIiBBS03514 September 18. 1985 ir ORDINANCE NO. 85-3254 ORDINANCE AMENDING THE LARGE SCALE RESIDENTIAL DEVELOPMENT REGULATIONS, CHAPTER 27 OF THE IOWA CITY MUNICIPAL CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 27-57 of the Iowa City Code of Ordinances, be amended to include the following: (d) Approval of the final plan shall be effective for a period of 24 months unless, upon written application of the owner explaining the reasons additional time is needed, the City Council , by resolution, grants one or more 12 month extensions of time. The application for extension shall first be submitted to the Planning and Zoning Commission for its recom- mendation. SECTION II. CERTIFICATION. 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 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 .j'proved this 17th day of September, 1980 . G%� .40 / / ((/�J, MAYO' ATTEST: . .� 8�. ' L R Rereivecf :; A I !' t s}pvv� Lev., Depa; nt LZ gy -3 its' It was moved by Strait , and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 8/27/85 Vote for passage: Ayes: Baker, Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. Nays: None. Second consideration 9/10/85 Vote for passage Ayes: Luber, Baker, Dickson, Erdahl, McDonald, Strait. Nays: None. Absent: Ambrisco. Date published 9/25/85 • 344 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CcD 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. 85-3254 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of September , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of September , 19 85 Dated at Iowa City, Iowa, this 3rd day of October 0985 Cga Ram. a Parrott, Deputy City Clerk • ,y OFFICIAL PUBLICATION ORDINANCE NO. 8S-3254 Printers fee Sr ORDINANCE AMENDING THE LARGE SCALE RESIDENTIAL DEVELOPMENT REGULATIONS, CHAPTER 27 OF THE IOWA CITY MUNICIPAL CERTIFICATE OF PUBLICATION CODE. STATE OF IOWA, Johnson County,ss: BE IT ORDAINED BY THE CITY COUNCIL OF THE THE IOWA CITY PRESS-CITIZEN CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 27-57 of the Iowa City Code of Ordinances, be .amended to include the following: I, (d) Approval of the final plan shall be effective for a period of 24 months Bronwyn S. Van Fossen, being duly unless, upon written application of sworn, saythat Ithe cashierthe owner explaining the reasons IOWA CITY PRESS CITIZEN, a news-am of the additional time is needed, the Cit Council, by resolution, grants one or paper published in said county, and that more 12 month extensions of time. The application for extension shall a notice, a printed copy of which is • first be submitted to the Planning hereto attached, was published in said mm and Zoning Commission for its recon- . . paper / time(s), on the fol- mendation. SECTION II. CERTIFICATION. The City lowing date(s): 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 ra4 � /9 • provided by law. SECTION III. REPEALER: All ordinances / and parts of ordinances in conflict with x1 / the provision of this ordinance are hereby (JJ/ repealed. SECTION IV. SEVERABILITY: If any Cashier 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 Subscribed and sworn to before me part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordi- th1SpC ay Of A.D. passa s a n e na ee its final passage, approval andd publication as required by law. 19 Passed and pproved this 17th day of September, 19,0_ Xg Alf Notary Public -ATTEST: i/,, ., NO.( L� �j/� `l o, S O V -"Y,52 September 25, 1985 niSHARON STUBBS ' �.� • ORDINANCE NO. 85-3255 ORDINANCE AMENDING THE PROCEDURES FOR APPROVAL OF THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPD-H) PLANS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I . AMENDMENTS. The Iowa City Code of Ordinances shall be amended as follows : A. Sections 36-47(b) , 36-47(f) , 36-47(g) and 36-47(h) are hereby deleted, and the following new Sections 36-47(b) , 36-47(c) , 36-47(d) , 36-47(h) and 36-47(i) are hereby adopted : Sec. 36-47(b) . Report of Planning and Zoning Commission. Upon comple- tion of review of the proposed preliminary plan of the planned development, the Commission shall prepare a written report to the City Council to substantiate its recommen- dations. This report shall deal with the following: that the variances in setback, lot area requirement, building heights, building types, sizes of buildings, and the combina- tion of land uses will be in the public interest, in harmony with the purposes 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. Sec. 36-47(c) . Preliminary plan approval. Approval of a preliminary planned development plan shall be in accordance with the procedures set forth in Sec. 36-88. Amendment of Ordinance. Sec. 36-47(d) . Changes in approved preliminary plan. Major changes in an approved preliminary plan shall be subject to the approval procedures applicable to new preliminary plans. Sec. 36-47(h) Final plan approval . Final approval of any planned develop- ment plan shall include review by the Planning and Zoning Commission and approval by the City Council by resolution. Approval shall be based on compliance with an approved develop- 3 u-7 Ordinance No. 85-3255 Page 2 ment plan and any modifications required by the Commission and Council at the time the land was zoned to OPD-H. After approval of the final 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. Major changes to an approved develop- ment plan must be approved by ordi- nance in accordance with the proce- dures set forth in Sec. 36-88. Amendment of Ordinance. Sec. 36-47(1) . Building permits. The final plan, or parts thereof as finally approved, shall be filed in the building official 's office and all building permits shall be issued on the basis of conformance with the plan. Minor changes in building arrangements that do not substantially alter the character of the development are allowable without further Council action. Any other changes , including changes in street locations, land use and building arrangements, shall be considered as major changes to the approved plan, to be approved as amendments in accordance with the procedures set forth in Section 36-88. B. Sections 36-47(c) , 36-47(d) and 36-47(e) shall be renumbered as follows : Section 36-47(c) shall become Section 36-47(e) . Section 36-47(d) shall become Section 36-47(f) . Section 36-47(e) shall become Section 36-47(g) . SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section , provision or part of the 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 . Ordinance No. 85-3255 Page 3 SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and a;iproved this 17th day of September, 198°.i. �G`" of �'�©2 / MAYOR ATTEST: S, . . . CITY CLERK Reetiv $ Approved By Thi Lv.al Depar!rreni 399 It was moved by Erdahl and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 8/27/85 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, • Zuber, Ambrisco, Baker. Nays: None Second consideration 9/10/85 Vote for passage Ayes: McDonald, Strait, Zuber, Baker, Dickson, Erdahl. Nays: None. Absent: Ambrisco. Date published 9/25/85 • 33b CITY OF IOWA 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. 85-3255 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of September , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of September , 19 85 Dated at Iowa City, Iowa, this 3rd day of October ,19 85 crit,sf-x- C-PepA.t-igii- Ramo a Parrott, Deputy City Clerk OFFICIAL PUBLICATION �i ' ORDINANCE NO. S5-1'.SS ,.bc 1 OROMANCE AMENDING THE PROCEDURES FOP. APPROVAL OF THE PLANNED DEVELOPI1 ` HOUSING OVERLAY (OPO-H) PLANS. is s; BE IT ORDAINED BY THE CITY COUNCIL OF Tll CITY OF IOWA CITY, IOWA, THAT: i. SECTION 1. AMENDMENTS. .The Iowa CM' v trode of Ordinances shall be amended-:as follows: - A. Sections 36-47(b), 36-47(f), 36-47(4) O 9 and 36 47(h) are hereby deleted,-and the'following new Sections 36-47(bk, Printers fee$ /7y• f 36-47(c), 36-47(d), 36-47(h) at 36-47(i) are hereby adopted: Sec. 36-47(b): Report of Plan CERTIFICATE OF PUBLICATION and zoning ta�ission. upon comp" • tion of review of the propose"! STATE OF IOWA, Johnson County,ss: preliminary plan of the plans . M- development, ,the Conmission shalt THE IOWA CITY PRESS-CITIZEN prepare a written report to .th" :'„I* Council to substantiate its recoamen- • . dations. This report shall dea: with the following: that the varian_es ip setback, lot area requir.�mert., I, • building heights, building types, sizes of buildings, and the coribine- Bronwyn S. Van Fossen, being duly tion of land uses will be in th3 sworn, say that I am the cashier of the public interest,' in harmony with the IOWA CITY PRESS CITIZEN, a news- buildingpurposes regulationsofthis ofchapter theand Cityother and paper published in said county, and that will not adversely affect rear* nrnna•-ti.s• and that the parking _ a notice, a printed copy of which is hereto attar ed, was published in said paper time(s), on the fol- lowing date(s): iazlag /- P1etpui tp4m salliadoid 1041 cot 1,9 �If�4C-1.4 ..e.5 /7/0pwng''A1lwe3 Aauela/ a - ewol Neddu(0 Cashier sal!f PJO1>fo°a(10 INP!n eoueNa A) -d Palet!-b86I. -smoineO wen ea10 osuo�y el!4ouo0 eueyg 'sum!! . SubscribedQand sworn to brt-efore me l!Mulgo>d inol g•fleuoa�lynnsioe)ap �i day of�Q A.D. uelolsnw snaiip uNI. : y I 1) thiseta u0 nnmsoW. -3lnow C}) (.ulw 09).-5"ON Auo4d1uAS,9,40inolleisoyS 19 0.--) uuwd w eilsaya0 AuoydiuAS leuogeN NI slonpuoo yolnodoilsoy OIAod yy yolno�{elsoyS slonpuo0 yolnodoil .....-- ,t_....P.).--PA.‹:3 �\ -soa,dein IOM In a6e1S u0 LL •2861 'wngouyg . Notary Public iiagoa'tioeaN AoeiS'uie0 eoni8•150; . -Jed seen 6uiy1Aiena uaynn send ile1.41 No)!5`, v a ui Iuewow ieyl;o Aiol6 eql oinldeooi 8 of Mt of ieaA Mena auunai siees pegiel -seq poops g6py iewio)inog•uosee$ dlysuoidwey0 1241, :aIAOw (D�) .0 r i saaueA)$JO/ nnN l[ JSHARUB8S 1lOiDea :mase en6eei iofeyy (ww09) 1 . -pnei)pue uoildniioa esodxa of sesln6 i-sip moues uop ilonlapis uoo-xe gsiiMs siy pue ieuodai onue6iisenui UV(33) (31:131wakbd) sieplsui ® 0 0 (u w 09) 'sum=Jeouea fiunoA ,iH)l.�uwD.D 1D-I.l.l,.vinu_...A..... -•--- ... ORDINANCE NO. 85-3256 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF PORTIONS OF LOTS 7 AND 8 OF BLOCK 1, BRAVERMAN CENTER, LOCATED BETWEEN KEOKUK STREET AND BROADWAY STREET, FROM RM-12 TO CC-2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I . AMENDMENT. Subject to the terms and conditions of Exhibit B, the Pepperwood Place Agreement, which is attached to this ordinance and hereby made a part thereof, the property described below is hereby reclassified from its present classification of RM-12 to CC-2, and the boundaries of the CC-2 zone be indicated upon the zoning map of the City of Iowa City, Iowa, to include the property described as follows: Beginning at a point on the east line of Block 1 of Braverman Center, a subdivision in Iowa City, Iowa, as shown on a plat filed in Book 7, page 9 in the Johnson County Recorder's Office, that lies N 00°26'20" E 335.00 feet from the southeast corner of said Block; thence N 89°33'40" W 705.20 feet; thence N 00°26'20" E 352.26 feet; thence S 89033'40" E 47.81 feet; thence S 67°56'00" E 707. 17 feet; thence S 00026'20" W 91.62 feet along the east line of said Block to the Point of Beginning. SECTION II . ZONING MAP CHANGE. 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. SECTION III . CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa. 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 unconstitu- tional , 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 . 33/ Ordinance No. 85-3256 Page 2 SECTION VI . EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and a' 'roved this 17th day of September, 1985/ / / a-it& Iso, AYOR ATTEST: b� i. • ;or CITY ERK Received 8. Approved Ey The !�'goi Deparhverd leo- _sign 35-2- It was moved by Zuber , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER _ x DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 8/27/85 Vote for passage: Ayes: Ambrisco, Baker, McDonald, Strait. Nays: Dickson, Erdahl. Abstain: Zuber. Second consideration 9/10/85 Vote for passage Ayes: Zuber, Baker, McDonald, Strait. Nays: Dickson, Erdahl. Absent: Ambrisco. Date published 9/25/85 353 EXHIBIT B PEPPERWOOD PLACE AGREEMENT THIS AGREEMENT made by and between Southgate Development Company, Inc. , an Iowa corporation with its principal place of business in Iowa City, Iowa, hereinafter called "Southgate" , and City of Iowa City, Iowa, a municipal corporation, herein- after called "City" . WITNESSETH: WHEREAS, Southgate has filed a Preliminary Subdivision Plat, Preliminary Large Scale Non-Residential Development Plan for a commercial center to be known as Pepperwood Place, and Rezoning Request with the City, covering part of Block 1 , Braverman Center; and WHEREAS , the approval of the Large Scale Non-Residential Development Plan is, by its design, contingent upon the rezoning from RM-12 to CC-2 of that portion of Lot 7 , Block 1, Braverman Center , as shown on the Preliminary Subdivision Plat presently zoned RM-12; and WHEREAS , pursuant to Iowa Code ( 1985) Section 414 .5 , the parties have agreed to certain conditions to such re- zoning; and WHEREAS, the parties wish to set forth their agreements as to conditions which will arise as a result of the re- zoning . NOW, THEREFORE, in consideration of the premises and of the covenants hereinafter set forth, it is agreed as follows: 1. Broadway Street Agreement. The terms and con- ditions of this agreement supercede the terms and conditions of the Broadway Street Agreement, dated March 22 , 1978 , between 3raverman Development, Inc. and the City ( the "Agreement" ) . -2- 2 . Conditions xo Building Permits. The City shall not issue any building permits for development on Lots 4 , 7 and 5B of Block 1 , Braverman Center until Southgate has received the consent of the Iowa Department of Transportation ( IDOT) , where required , to complete the following improve- ments as required hereunder: ( i ) The closing of Hollywood Boulevard, and ( ii) Construction of a channelized intersection to connect Broadway Street with Highway 6 Bypass. 3 . Broadway Street Intersection - Hollywood , Boulevard Closing. Prior to the issuance of an occupancy certificate for any building on Lots 4 , 7 and 5B of Block 1 , Braverman Center, A. Southgate shall complete construction of the Broadway Street intersection, and the closing of Hollywood Boulevard , as required by Section 3B of the Agreement, and the terms of this agreement. B. Southgate shall close Hollywood Boulevard between the west edge of the driveway into Hollywood Boulevard from the Colonial Park Office Building property and the east lot line ( extended) of property presently occupied by a branch office of the Iowa State Bank and Trust Company; and between Broadway Street and the present storm sewer inlets at the east property line of the 1902 Broadway office building . C . Southgate shall erect six inch curbs at each end of the closed portions of Hollywood Boulevard. D. Southgate shall cover the closed portions of Hollywood Boulevard pavement with sufficient fill dirt to support the establishment and growth of sod which Southgate 355 -3- shall place thereon at its sole cost and expense. Southgate further agrees that, if, in the opinion of the City Engineer, the sod has not been established by growth and maintained in that way for at least two calendar years from the date of installation, the City may require Southgate to remove the pavement and fill and seed the area so as to establish grass where the roadway presently exists. E. Southgate shall construct sidewalks along the east side of the present K-Mart parking lot and south to connect the residentially zoned property to the south of the K-Mart site to the development. Southgate will also install a sidewalk along the south side of the drive between Broadway Street and the west line of Lot 7 , Block 1 , Braverman Center. The sidewalks will be located as shown on the finally approved Large Scale Non-Residential Development Plan, and will be installed in connection with, and at the time of, the installation of the parking lot required to serve the development. F. Southgate will improve the entrance and exit from the K-Mart property to Keokuk Street in accordance with the plan attached hereto as Exhibit "A" . 4 . Signage for K-Mart Drive. Southgate will use its best efforts to obtain consent of the tenant occupying the building on Lot 2 , Block 1 , Braverman Center, to the placement of appropriate signs requiring that vehicular traffic yield to pedestrians in the crosswalks so provided . 5 . Taylor Drive Escrow. On the date the City shall issue the first occupancy certificate for any building on Lots 4 , 7 or 5B of Block 1 , Braverman Center, Southgate shall deposit $25 ,000 .00 in escrow with the City Clerk of the City, to be used by the City or refunded to Southgate as • 356 -4- hereinafter provided. The City shall have the right, at its sole discretion , for a period of two ( 2 ) years from the date of issuance of said first occupancy certificate, to apply all or any part of the escrowed funds for construction with respect to : ( 1 ) the improvement of the Taylor Drive intersection with Highway 6 Bypass, or, (2 ) the closing of the Taylor Drive intersection with Highway 6 Bypass. Any of the escrowed funds not expended by the City within the two (2 ) year period shall be refunded by the City to Southgate. 6 . Effectiveness of This Agreement. Southgate' s obligations hereunder are subject to and contingent upon approval by the City Council of the City of the requested zoning change for a portion of Lot 7 , Block 1 , Braverman Center, and the final approval of Southgate' s Large Scale Non-Residential Development Plan for Pepperwood Place which includes the area to be rezoned. In the event the City Council of the City does not approve the requested zoning change, and/or does not approve the Large Scale Non-Residential Development Plan, this Agreement shall be null and void and no further force and effect. However, the Broadway Street Agreement shall continue in full force and effect if the requested zoning change is not approved. 7 . Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto, and all of the provisions hereof shall be covenants running with the land of Lots 4 , 58 and 7 of Block 1 , Braverman Center. Dated at Iowa City, Iowa, as of the day of , 1985 . 357 -5- SOUTHG ' DEVELO NT COMPANY, INC. By 04---1 By CIT OF IOWA CITY, IOSI,IX-e-S2 By i / /: n McDona . , Mayor Attest : may'/ AZ te:a-rc) �] • QJi) Mar an K . Karr, City Clerk Received & Approved By The Legal Depp7ent - 6 - STATE OF IOWA ss: COUNTY OF JOHNSON On this /3 day of `3-LAf , 1985 , before me, the undersigned , a Notary Public in and for the State of Iowa, personally appeared Th / N a-r VY-tim-t,.� and to me personally known, who , being by me duly sworn, did say that they are the esu Ic rl and respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authprity of its Board of Directors; and that the said f es,dcr f and- as such officer( s) acknow- ledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. .;. KURT Pi. IMF Notary Pu• is .n• for s : 1• •`rca«usiacvIREs County a . State STATE OF IOWA ss: COUNTY OF JOHNSON On this 17th day of September , 1985 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council ; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. - Not ry Public in and for said County and State i___' • \ \. LLQMDDnM4\f�+l' SI111YEIING A..0 IN1..Nlt N. tt3iCll. .....•...•..... 44 .�..VJ L 1318.u. Ill. 9 Ai3O RuAwwra W.W. c 6,-‘1190-110 IMPP&J6 1711.0,40,001 YD S C.EN1Ea SifaHY 4.JLS SE STATG p'ASZM pr.R.<.Ndl � pllY COP�41�'WC1O��6 1 \Sia.P�v4111--\\: ..3aPY \lam �^ '\ ill / - - -�—II \ 1' �_ \�11 \ i �� DaN.Cw.w Tb 1. R' III c fl Y L. //I1JGAINf —_�� / '.p1KIPC �\ \ tWIOG \ \ / //' i� Finites) O✓LN INEt FOR lly_tr I.OIA�.L :.10RL\ <,......... �"�� Db.d VLaY \ \ OK.VOIWAY TO �I PARCRAi 60 1wlCt .13.46 / �/ VARCINE. SRM �¢LA HU(' ....../......." OF LIQ.YI3' 609.e. - - 1 1 11 1.0 - - A / �-�� 1 /utfJ1. 111‘,51104 1 l';'' 'k Slog e•-• 1 0.___r.y..1 .-ciAl \% ...Lew. ......... — ' -I_.. ..... IF cDs - t - ti Aw..6 1.,.. 05 '1P4KT.0 U *A.'bc.C.A4..Ir. went I. L1.t'1 by\..L .OIt. VA.V CY1.\A54 V O CITY OF IOWA 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. 86-3256 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of September , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of September , 19 85 Dated at Iowa City, Iowa, this 3rd day of October 19 85 AMONA PARROTT DEPUTY CITY CLERK t /� — ! . :OFFICIAL PUBLICATION OFFICIAL PUBLICATION of the Iowa Department of Trans ortation ORDINANCE N0. 8;-3• u (IDOT),where required,to complete the follow- ing improvements as required hereunder: ORDINANCE AMENDING THE ZONING ORDINANCE BY and(i) The Closing of Hollywood Boulevard, CHANGING THE USE REGULATIONS OF PORTIONS (ii) Construction of a channelized intersec OF'LOTS 7 AND 8 OF BLOCK 1, BRAVERMAN tion to connect Broadway Street with Highway 6 CENTER, LOCATED BETWEEN KEOKUK STREET AND Bypass. BROADWAY STREET, FROM RM-12 TO CC-2. 3• Broadway Street Intersection- Hollywood jj Boulevard Closing. Prior to the issuance.of an B�1T RDAINEO 8Y THE CITY COUNCIL OF THE occupancy certificate for any building on ts 4, 7 and 5B of Block 1, Braverman Center, G10.4 IOWA CITY, IOWA THAT: A.Southgate shall complete construction of . . the BroadwayStreet intersection,and the•c4os- SEsi, I. AMENDMENT. Subject to 4he ing of Hollyood Boulevard,as required by Sec- tionte n� conditions of Exhibit B, the 3B of the Agreement, and the terms of this agreement. Pepperwood Place Agreement, which is B. Southgate shall close Hollywood Boule attached to this ordinance and hereby made yard between the west edge of the driveway into a part thereof, the property described Hollywood Boulevard from the Colonial Park ' below is hereby reclassified from its Office Building property and the east lot tine present classification of R4-12 to CC-2, (extended) of property presently occupied by a 1 and the boundaries of the CC-2 zone be branch office of the Iowa State Bank and Trust • indicated upon the zoning map of the City pprressepnt Company;and sewer inletsen at eastpropet and rtyS7 of Iowa City, Iowa, to include the line of the 1902 Broadway office building. // property described as follows: C. Southgate shall erect six inch curbs at Printers fee s I61440 Beginning at a point on the east line each end of the closed portions of Hollywood of Block 1- of Braverman Center, a Boulevard. ofbdBlickon in Iowa ria Iowa,r as D.Southgate shall cover the closed portions Y. of Hollywood Boulevard pavement with suffi- CERTIFICATE OF PUBLICATION shown on a plat filed in Book 7, page 9 tient fill dirt to support the establishment and in the Johnson County Recorder's growth of sod which Southgate shall place there- STATE OF IOWA, Johnson County,ss: Office, that lies N 00026'20" E 335.00 on atits ees t that,sole cost the pens oo ne Gety further feet from the southeast corner of said neer,the sod has not been established by growth THE IOWA CITY PRESS-CITIZEN Block; thence N 89033'40" W 705.20 and maintained in that way for at least two feet; thence N 00026'20" E 352.26 feet; calendar years from the date of installation,the thence S 89033'40" E 47.81 feet; thence City may require Southgate to remove the pave S 67056'00" E 707.17 feet; thence S ment and fill and seed the area so as to establish 00026'20" W 91.62 feet along the east grass where the roadway presently exists. I, line of said Block to the Point ofE.Southgate shall construct sidewalks along the east side of the present K•Mart parking lot Beginning. and south to connect the residentially zoned Bronwyn S. Van Fossen, being duly SECTION II. ZONING MAP CHANGE. The property to the south of the K-Mart site to the sworn, say that I am the cashier of the Building Inspector is hereby authorized development. Southgate will also install a side- IOWA CITY PRESS CITIZEN, a news- and directed to change the zoning map of walk along the south side of the drive between • Broadway Street and the west line of Lot 7,Block the City of Iowa City, Iowa, to conform to 1, Braverman Center.The sidewalks will be Io- paper published in said county, and that this amendment. Gated as shown on the finally approved Large a notice, a printed copy of which is SECTION III. CERTIFICATION. The City Scale Non•Residential Development Plan, and Clerk is hereby authorized and directed to will be installed in connection with, and at the hereto attached, was published in said certify a copy of this ordinance to the time of, the installation of the parking lot re County Recorder of Johnson County, Iowa. quired to serve the development. paper time(s), on the fol- SECTION IV. REPEALER: Al ordinances and F.Southgate will Improve the entrance and lowing date(s): exit from the K-Mart property to Keokuk Street parts of ordinances in conflict with the in accordance with the plan attached hereto as provision of this ordinance are hereby Exhibit"A". repealed, 4. Signage for K-Mart Drive. Southgate will • SECTION V. SEVERABILITY: If any section, use ifftorts to Obtain consent of the tenant provision/46,. . or occupying the building on Lot 2,Block 1,Brayer• /� /s /� O part of the Ordinance shall man Center, to the placement of appropriate u -(J O be adjudged to be invalid or unconstitu- signs requiring that vehicular traffic yield to tional, such adjudication shall not affect pedestrians in the crosswalks so provided. the cal idi'ty of the Ordinance as a whole 5.Taylor Drive Escrow.On the date the City L?-yi�.A.A-44-y,1 Jdpv,L, / ti� or any section, provision or part thereof shall issue the first occuppancyY certificate for any P not adjudged invalid or unconstitutional, building on Lots4,7or5BofOlock1,Braverman CashierCenter, Southgate shall deposit 525,000.00 in es SECTION VI. EFFECTIVE DATE: This Ordi- crow with the City Clerk of the City,to beusedby canoe she lI be in effect after its final the City or refunded to Southgate as hereinafter passage, approval and publ ication as provided.The City shall have the right,at its sole required by law, discretion,for a period of iwo(2)years from the ertiti- Subscribed and sworn to before me Passed and approved this 17th da of date of issuanceapplall said first occupancy the a cowed p yP Y cafe, to apply or any h part t escrowed September, 1989 funds for construction with respect to: (1) the r� / improvement of the Taylor Drive intersection / :l ,y`�� with Highway 6 Bypass,or,(2)the closing of the this 6 ay 0{ A.D. ,Y,R Taylor Drive intersection with Highway 6 By pass.Any of the escrowed funds not expended by the City within the two (2) year period shall be 19q5.,. ATTEST: � ie,,,,,,,, refunded by the City to Southgate. 1%� CITYERk 6. Effectiveness of This Agreement. South EXHIBIT B gate's eaupon obligations hereunder are City tand add �� � thetgupon approval the City Councilnfa f PEPPERWOOD PLACE AGREEMENT City of the requested zoning change for a THIS AGREEMENT made by and between the of Lot 1,Block i,Braverman Center,and NotaryPublic Southgate Development Company, Inc., and the final approval of Sou hgate's Large Scale Iowa corporation with its principal place of bust Non Residential Development Plan for Pepper ness in Iowa City, Iowa, hereinafter called wood Place which includes the area to be re QCity, zoned. In the event the City Council of the City N O.j��(/ Iowa,a U mu- nicipal"Southgate",and City of Iowa corporation,hereinafter called"City". does not approve the requested zoning change, WITNESSETH: and/or does not approve the Large Scale Non- WHEREAS,Southgate has filed a Preliminary Residential Development Plan,this Agreement Subdivision Plat, Preliminary Large Scale Non- shall be null and void and no further force and •, Residential Development Plan for a commercial effect. However, the Broadway Street Agree s� SHARON STUBBS • center to be known as Pep rwood Place, and Ment• shall continue in full force and effect if the Rezoning Request with the icy,covering part of requested zoning change is not approved. Block 1, Braverman Center; and 7. Successors and Assigns. This Agreement r • shall be bindingupon9 g ,.� WHEREAS, the approval of the Large Scale and shalt inure to the bene Non-Residential Development Plan is,by its de- fit of the successors and asciynsof the respective / sign,contingent upon the rezonina from RM 12 to parties hereto, and all of the provision hefeof CC-2 of that portion of Lot 7,Block I,Braverman shall be covenants running with land of Lots 4, Center,as shown on the Preliminary Subdivision SB and 7, Block 1, Braverman Center. Plat presently zoned RM 12; and Dated at Iowa City,Iowa,as of the 17th day of WHEREAS,pursuant to Iowa Code(1985)Sec September, (985. tion 414.5, the parties have agreed to certain OUTHGçuEvEbo NT COMPANY, INC. conditions to such rezoning; and i WHEREAS,the parties wish to set forth their agreements as to conditions which will arise as a result of the rezoning C(r, NOW, THEREFORE, in consideration of the premises and of the covenants hereinafter set forth, it is agreed as follows: CITY OF IOWA CITY, IOWAA, � 1.Broadway Street Agreement.The terms and L `/" 2 conditions of this agreement supersede the ,-�-,q�/�). terms and condition of the Broadway Street By Agreement,dated March 22,1978,between Bra- ohs McDona ayor verman Development, Inc. and the City (the "Agreement"). 2. Conditions to Building Permits. The City • Attest: shall not issue any building permits for develop ment on Lots 4,7 and 5B of Block 1.Braverman l�(/aA.e Center until Southgate has received the consent mat'an K. Karr, Cit' y Clerk • 5861 'SL lagwatdas h54£0 1 ea 111 was ziaS c. I\ VT". / _ .1% vr.awt 1 r 1n Jr. .Td NY t7s 7tvr>>1tb / 2-0014 woort 43 ON,. 11,0-0 - 9t.T.vaaVad I i Al AVM IN.AC/ 1 Awanr rad •�--/ Y . 1 aa1 vnlnaw C,,,"-.-- ---• ••••.\ M 1 I -",-...., \ f' galao , T - �L _G_— rt A71n1tbg - :'� • �l NM� Q \ cy - _ 400.0000,0011001111.1111111.1111.111.11111111111 \ 1, .:__ ifibin.lb: 72 . freer , 1 dna 4,04 ' \'': . . ing `` rfr'�/ 91v1�i �47 MU.a SJnn 1rKNt . r 1•7 tr.?, j` Q�Wvdvya 1 t Qta1kI'n QI Mtl++`� - \ ,- TNM 9ntt�wl� en. r,,,,,, \ L. --ter I1 -- - -- V 1191HX3 — y NOIiV311efld 1VID1jdO G . •&-c-'-_5-51 ,f ORDINANCE 8S-3257 TEE IOCLEIR WEAPONS FREE IOWA CITY OR)IIAPCE lection 1. Name This ordinance shall be known as "The Nuclear Weapons Free Iowa City Ordinance. " Section 2. Purpose The purpose of this ordinance is to establish Iowa City as a nuclear weapons free zone in which work on nuclear weapons is prohibited. The people of Iowa City find that the presence of nuclear weapons facilities within Iowa City is in direct conflict with the maintenance of the community's public health, safety, morals, economic well-being, and general welfare. Section 3, Prohibition of Nuclear Weapons Work No person shall knowlingly engage in work, within Iowa City, the purpose of which is the development, production, deployment, launching, maintenance or storage of nuclear weapons or componenets of nuclear weapons. Section 4. Definitions 'Person" means a natural person, as well as a corporation, institution or other entity. 'Nuclear Weapon" is any device, the purpose of which is use as a weapon, a weapon prototype or a weapon test device, the intended detonation of which results from the energy released by fission and/or fussion reactions involving atomic nuclei. For the purposes of this Ordinance, 'nuclear weapon' includes the weapon's guidance, transportation, propulsion, triggering, and detonation systems. "Component of a nuclear weapon" is any device, radioactive or non-radioactive, designed to be installed in and contribute to the operation of a nuclear weapon. THE NUCLEAR WEAPONS FREE IOWA CIT! ORDINANCE -- 2 ORD. 85-3257 Section 5. Notification Upon adoption of this ordinance, the City Council of Iowa City shall officially notify Iowa City's Congressional Representatives and Senators, the President of the United States and the recognized leaders of the Soviet Union, Great Britain, France, the People's Republic of China, India and any further nuclear weapons states of the contents of this initiative. In addition, the City Council of Iowa City shall instruct the appropriate city officials to post signs on major entrances to Iowa City stating "Nuclear Weapons Free Zone" in a manner that conforms with standards set forth in the Federal Highway Administration's Manual on Uniform Traffic Control Devices for States and Highways. Section 6. Enforcement - Each violation of this Ordinance shall be punishable by up to 30 days imprisonment and a $500 fine. Each day of violation shall be deemed a separate violation. Residents of Iowa City shall also have the right to enforce this Ordinance by appropriate private civil actions for declaratory or injunctive relief. Reasonable attorney fees shall be awarded to a prevailing plaintiff in such litigation. - Section 7. Severability Clause If any section, sub-section, paragraph, sentence or word of this Act shall be held to be invalid, either on its face or as applied, the invalidity of such provision shall not affect the other sections, sub-sections, paragraphs, sentences or words of this ordinance, and the applications thereof; and to that end the sections, sub-sections, paragraphs, sentences and words of this Ordinance shall be deemed to be servable. Passed and approved this 24th day'of September , 1985. "tigLea-a2 Of YOR A1'1'LST: �,,;,,4) ye 4,L) R e. d / Rued C CLERK /, i .IF 9 kr- 3‘.2 ORD. 85-3257 It was moved by Strait - and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _ X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT • ZUBER First consideration 9/10/85 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Baker. Nays: Zuber. Absent: Ambrisco. Second consideration 9/17/85 Vote for passage :Ayes: Baker, Dickson, Erdahi, McDonald, Strait. Nays: Zuber, Ambrisco. Absent: None. Date published 10/2/85 343 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA 0I1Y, 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. 85-3257 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of September , 1985 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2nd day of October , 19 85 Dated at Iowa City, Iowa, this Sth day of November ,19 85 . ferP (3621,1- Ramonia Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 85-3257 THE NUCLEAR WEAPONS FREE IOWA CITY ORDINANCE. SECTION I. NAME. This ordinance shall be . . known as "he Nuclear Weapons Free Iowa City Ordinance.' 7 SECTION Ii. PUPPOSE. The purpose of this • ordinance is to establish Iowa City as a (/ nuclear weapons free zone in which work on �7 nuclear weapons is prohibited. The people of Iowa City find that the Printers fee S presence of nuclear weapons facilities within Iowa City is in direct conflict with the maintenance of the comnueity's CERTIFICATE OF PUBLICATION public health, safety, morals, economic well-being, and general welfare. STATE OF IOWA, Johnson County,ss: SECTION III. PROHIBITION OF NUCLEAR THE IOWA CITY PRESS-CITIZEN WEAPONS WORK. No person shall knowingly engage f Work, within Iowa City, the purpose of which is the development, production, deployment, launching, maintenance or storage of nuclear weapons or components of nuclear weapons. I, SECTION IV. DEFINITIONS. "Person'means a Bronwyn S. Van Fossen. being duly natural person, as well as a corporation, • institution or other entity. sworn, say that I am the cashier of the 'Nuclear Weapon' is any device, the IOWA CITY PRESS-CITIZEN, a news- purpose of which is use as a weapon, a• apublished in said county, that weapon prototype or a weapon test device, paper y the intended detonation of which results a notice, a printed copy of which is from the energy released by fission and/or hereto attackd, was published in said fission reactions involving atomic nuclei. l tim els), O n the fol- For the purposes of this ordinance, paper 'nuclear weapon" includes the weapon's lowing date(s): guidance, transportation, propulsion, triggering, and detonation systems. 'Component of a nuclear weapon' is any / device, radioactive Lr non-radioactive, /,,s,-v//�r designed to be installed in and contribute �r . 1g .V/ 0' / /7/5to the operation of a nuclear weapon. SECTION Y. NOTIFICATION. Upon adoption of this ordinance, the City Council of Iowa City shall officially nptify Iowa el,}rc...4.Gtyei�/� -Q-tgd,-f.. City's Congressional Representatives and Cashier Senators, the President of the United States and the recognized leaders of the Soviet Union, Great Britain, France, the People's Republic of China, India and any further nuclear weapons states of the Subscribed and sworn to before me contents of this initiative. }/ In addition, the City Council of Iowa this ��l dayof yCS1Z' A.D. City shall instruct the appropriate City Iofficials to post signs on major entrances to Iowa City stating 'Nuclear Weapons Free Zone" in a manner that conforms with 19 S standards set forth in the Federal Highway .Administration's Manual on Uniform Traffie--,' Control Devices for States and Highways: SECTION VI. ENFORCEMENT. Each violation ..,.. ..L-..--&-"-.c...„ `'0 of this ordinance shall be punishable by Notary Public up to 30 days imprisonment and a $500 • fine. Each day of violation shall be No.LLiSo • •//`�a SHARON STUBBS • ',L1 : / a •w•d -- - Z•'w'o 8 'Lys :•u''d 5-•w'o oc: '! :'w'd 8-'w'o Of:8 'H1-'1 £116-ICE "15 Ht1H1an 6001 /// c.„ •sezlld loop )t00M y)oa 1045160 -slow 10}s6ulk 4 /' 7: suol;ol;suowep (V antim sauawyse.ii ORDINANCE NO. 85-3258 AN ORDINANCE VACATING A PORTION OF THE PETERSON STREET RIGHT-OF-WAY LOCATED ADJACENT TO THE PROPOSED VISTA PARK VILLAGE SUBDIVISION. 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 southwest corner of the northwest fractional quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian ; thence north 00°43 '39" west, (A Recorded Bearing), along the west line of said northwest fractional quarter of Section 18, 1052.00 feet ; thence north 00°43'39" west, along said west line, 54.00 feet, to the northeast corner of Parcel 3 of the plat of survey, recorded in Plat Book 19, at page 84, of the Records of the Johnson County Recorder's Office, which is the Point of Beginning; thence, north 86°59'26" west, along the northerly line of said Parcel 3, 19.43 feet, to a point which is 25.00 feet normally distant easterly of the easterly line of Part 11A Court Hill , an Addition to the City of Iowa City, Iowa, as recorded in Plat Book 9, at page 40, of the Records of the Johnson County Recorder' s Office; thence north 00°56'18" west, along a line parallel with the east line of Part 11A Court Hill Addition, 211. 29 feet ; thence southeasterly, 26. 17 feet, along an 85.00 foot radius curve, concave northeasterlyd whose 26.07 foot chord bears south 51'25 '20" east, to a point on the west line of said north- west fractional quarter of Section 18; thence south 00°43'39" east , along said west line, 196.04 feet, to the Point of Beginning. Said tract of land contains 0.09 acres more or less, and is subject to easements and restrictions of record. SECTION II : The above-described parcel of land will be subject to the easements and restrictions of record. Ordinance No. 85-3258 Page 2 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 unconstitu- tional , 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 VI . EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 22nd day of October, 1985. , gd-46*-612? ATTEST: , .: Recetvcif & Appr ve'd 3y 1N2 u-3p;rimen1 3',S It was moved by Ambrisco , and seconded by Baker that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT —37 Z U BE R First consideration 10/8/85 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Baker. Nays: None Absent: Ambrisco Second consideration 10/16/85 Vote for passage Ayes: Ambrisco, Dickson, McDonald, Zuber. Nays: None. Absent: Baker, Erdahl, Strait. Date published 10/30/85 3/,,/„ CITY OF IOWA 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. 85-3258 which was passed by the City Council of Iowa City, Iowa, at a regu ar meeting held on the 22nd day of October , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of October , 19 85 Dated at Iowa City, Iowa, this 5th day of November ,19 85 f--/ C-Pa -t egFli- amona Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 85-5.S8 AN ORDINANCE VACATING A PORTION OF THE PETERSON STREET RIGHT-OF-WAY LOCATED ADJACENT TO THE PROPOSED VISTA PARK VILLAGE SUBDIVISION. 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 southwest corner of the northwest fractional quarter of Section 18, Township 79 North, Range 5 991 West of the 5th Principal Meridian; thence north O0°43'39 west, (A Recorded Bearing), along the west line Printers fee s of said northwest fractional quarter of Section 18, 1052.00 feet; thence north 00'43'39" west, along said west line, 54. 0CERTIFICATE OF PUBLICATION Parcel feat' o thettplat no cosof surr of urvey, ss: recorded in Plat Book 19, at page 84, STATE OF IOWA, Johnson Count of the Records of the Johnson County' THE IOWA CITY PRESS-CITIZEN Recorder's Office, which is the Point of Beginning; thence, north 86°59'26" west, along the northerly line of said a Parcel 3, 19.43 feet, to a point which is 25.00 feet normally distant easterly of the easterly line of Part 11A Court Hill, an Addition to the City of Iowa Bronwyn S. Van Fossen, being duly City, Iowa, as recorded in Plat Book 9, sworn, say that I am the cashier of the at page 40, of the Records of the Johnson County Recorder's Office; IOWA CITY PRESS-CITIZEN, a news- thence north 00056'18• west, along a paper published in said county, and that line parallel with the east line of Part I1A Court Hill Addition, 211.29 a notice, a printed copy of which is feet; thence southeasterly, 26.17 feet, • hereto attached, was published in said along an 85.00 foot radius curve, paper ` time(s), on the fol- concave northeasterlyd whose 26.07 foot chord bears south 51d25'20' east, to a lowing date(s): point on the west line of said north- west fractional quarter of Section 18; thence south 00°43'39' east, along said west line, 196.04 feet, to the Point of Beginning. Said tract of land contains jG ( / 0.09 acres more or less, and is subject to easements and restrictions of record. SECTION II: The above-described parcel of 12-i-2(247141- 1� land will be subject to the easements and Cashier restrictions of record. _ SECTION III: This ordinance shall be in full force and effect when published by law. Subscribed and sworn to before me SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the 3 / .J y /rte repealed. of this ordinance are hereby this /� �f/da of � /1 A.D. repealed. SECTION V. SEVERABILITY: If any section, provision or part of the Ordinance shall 19 5 S be adjudged to be invalid or unconstitu- , tional, 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 VI. EFFECTIVE DATE: This Ordi- Notary Public nance shall be in effect after its final passage, approval and publication as required by law. No. i`'1 � Passed and ap.roved this 22nd day of October, 1985. / SHARON STU88S ATTEST: , , I -• •-- - .... 01809 October 30, 1945 ORDINANCE NO. 85-3259 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO ESTABLISH TRAFFIC AND PARKING REGULATIONS IN PARKS AND PLAYGROUNDS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. This ordinance amends Section 25-2(a) of the Iowa City Code of Ordinances to authorize the Director of Parks and Recreation to establish and change, subject to amendment by the City Council , traffic and parking regulations in the City's parks and playgrounds. SECTION II . AMENDMENT. Section 25-2(a) of the Iowa City Code of Ordinances is hereby repealed and the following is adopted in lieu thereof: Section 25-2 Traffic and Parking Regula- tions. (a) The director of parks and recreation is hereby authorized and directed (1) to designate streets and drives for use within the parks and playgrounds ; (2) to designate parking areas for the parks and playgrounds ; and (3) to prohibit, regulate or limit stopping, standing or parking of vehicles on the streets, driveways and parking areas in the parks and playgrounds at all times or during specified hours. The director of parks and recreation shall cause signs to be placed designating streets, drives and parking areas, or prohibiting, regulating or limiting stopping, standing or parking in the parks and playgrounds. 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 . 3' 7 Ordinance No. 85-3259 Page 2 SECTION V. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and ap•roved this 22nd day of October, 1985. ATTEST: a�-�rli�rJ 'A CITY CLERK By MA Dsperftment /0/2/k 3log' It was moved by Erdahl I and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _X_— AMBRISCO _X.__ BAKER X _ DICKSON ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 10/8/85 Vote for passage: Ayes: Strait, Zuber, Baker, Dickson, Erdahl, McDonald. Nays: None Absent: Ambrisco Second consideration XXXXXX X Vote for passage Date published 10/30/85 Moved by Erdahl, 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, second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None CITY OF IOWA CITY CMC 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. 85-3259 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of October , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the ;nth day of October , 19 8; . Dated at Iowa City, Iowa, this 5th day of November ,19 85 . Ramona Parrott, Deputy City Clerk 3/ i OFFICIAL PUBLICATION ORDINANCE N0, 85 3159 Printers fee$ AN ORDINANCE AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO ESTABLISH TRAFFIC AND PARKING REGULATIONS IN PARKS AND CERTIFICATE OF PUBLICATION PLAYGROUNDS. STATE OF IOWA, Johnson County,ss: • BE IT ORDAINED BY THE CITY COUNCIL OF IOWA THE IOWA CITY PRESS-CITIZEN CiTY, IOWA, THAT: SECTION I. PURPOSE. This ordinance amends Section 25-2(a) of the Iowa City Code of Ordinances to authorize the Director of Parks and Recreation to I, _ establish and change, subject to amendment by the City Council, traffic and parking Bronwyn S. Van Fossen, being duly regulations in the City's parks and sworn, say that I am the cashier of the playgrounds. . SECTION II. AMENDMENT. Section 25-2(a) IOWA CITY PRESS-CITIZEN, a news- of the Iowa City Code of Ordinances is paper published in said county, and that hereby repealed and the following is adopted in lieu thereof: a notice, a printed copy of which is Section 25-2 Traffic and Parting Regule- hereto attaghed, was published in said tions. paper / timels), on the fol- (a) The.director of parks and recreation is hereby authorized and'directed (1) lowing date(s): to designate streets and drives for use within the parks and playgrounds; . (2) to designate parking areas for the parks and playgrounds; and (3) to G. I 2 s prohibit, regulate or limit stopping, V O standing or parking of vehicles on fthe streets, driveways and parking' /1'I areasyr the parks and playgrounds at all times or during specified hos. " �� L/, The director of parks and recreation Cashier shall cause signs to be placed designating streets, drives and parking areas, or prohibiting, regulating or limiting stopping, standing or parking in the parks and Subscribed and sworn to before me playgrounds. (� SECTION III. REPEALER: All ordinances this 31 -td a y of J C A.D. and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION iV. SEVERABILITY: If any 93S7 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 ,�A.-a-- —Y\ as a whole or any section, provision or Notary Public part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordi- ti oil STS 0 nance shall be in effect alter its final passage, approval and publication as required by law. Passed and ..proved this 2=nd day of c A<"rr SHARON STU88S October, 1985. r, ' / � . Ammilimm: a ATTEST: Th.",J I CLER 1644-11 01808 October 30, 1985 ORDINANCE NO. 85-3260 ORDINANCE AMENDING THE ZONING ORDINANCE TO PERMIT THE ISSUANCE OF TEMPORARY CERTIFI- CATES OF OCCUPANCY IN CERTAIN CIRCUM- STANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I . PURPOSE. To permit the issuance of temporary Certificates of Occupancy when the paving of parking areas cannot be reasonably completed due to land settling on a site after demolition or due to adverse weather conditions. SECTION II . AMENDMENT. That the Iowa City Code of Ordinances is hereby amended as follows : A. Section 36-58(b) be amended to include the following new subsection: (7) Prior to the issuance of a Certificate of Occupancy as provided in Section 36-86, all parking and stacking spaces , drives and aisles shall, as provided in Section 36-58(c) (1 ) be paved with concrete, asphalt or a similar dust-free surface; except that the Building Official may issue a temporary Certificate of Occupancy in those instances where the Building Official finds that the paving cannot reasonably be completed due to adverse weather conditions or settling of land on the site after demolition or filling. A temporary Certifi- cate of Occupancy shall be effective only to a date spe- cific, and, as a condition to issuance of such a temporary certificate the property owner shall place in an escrow account, established with the City, an amount which shall cover 110% of the anticipated cost of paving. B. Section 36-86 be amended to read in its entirety as follows : Sec. 36-86. Building and occupancy certificates. (a) No building or construction may be undertaken in the city until a building permit has been issued 3ga 2 by the City Manager or his/her designee for such building or construction. (b) No change in the use or occupancy of land, nor any change of use or occupancy in an existing building, other than for sin- gle-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has ben 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 occu- pancy complies with all provi- sions of this Chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued before an 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 certifi- cates of occupancy shall be kept on file in the office of the City Manager or his/her designee. (c) A certificate of occupancy may be obtained for nonconforming uses. Application for certificate of occupancy for nonconforming uses shall be accompanied by affida- vits of proof that such noncon- forming use was not established in violation of the zoning ordinance after July 26, 1962, and before the adoption of this Chapter. (d) The Building Official may issue a temporary Certificate of Occu- pancy when a delay in the planting of trees is warranted, as provided in Section 36-72(d) , or a delay in paving of parking and stacking spaces, drives or aisles is warranted, as provided in Section 36-58(b) (7) . SECTION III. CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the &7/ 3 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 provisions of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitu- tional , 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 VI. EFFECTIVE DATE: This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and appflove d his 19th ay of November, 198' 1/‘ / / AYO• ATTEST: �� ,) M� CITY CLERK App!r,et It was moved by Erdahl , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL _ MCDONALD X STRAIT X ZUBER First consideration 11/12/85 Vote for passage: Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald. Nays: None. Absent: Erdahl. Second consideration Vote' for passage Date published 11/27/85 ' Moved by Erdahl, seconded by Zuber, 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 oridnance be voted upon for final passage at this time. Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: None. L9 73 CITY OF IOWA CITY CMC 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. 85-3260 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of November , 19 R5 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of November , 19 85 Dated at Iowa City, Iowa, this 4th day of December ,19 85 . Ramo a Parrott, Deputy City Clerk ORDINANCE NO. 85-3260 ORDINANCE AMENDING THE ZONING ORDINANCE TO PERMIT THE ISSUANCE OF TEMPORARY CERTIFI- CATES OF OCCUPANCY IN CERTAIN CIRCUM- STANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. To permit the issuance of temporary Certificates of Occupancy when the paving of parking areas cannot be reasonably completed due to land settling on a site after demolition or due to adverse weather conditions. SECTION II. AMENDMENT. That the Iowa City Code of Ordinances is hereby amended as follows: A. Section 36-58(b) be amended to include the following new subsection: • (7) Prior to the issuance of a Certificate of Occupancy as provided in Section 36-86, all J parking and stacking spaces, 7 4d drives and aisles shall, as -� provided in Section 36-58(c)(1) Printers fee <_ be paved with concrete, asphalt or a similar dust-free surface; except that the Building Official CERTIFICATE OF PUBLICATION may issue a temporary Certificate of Occupancy in those instances STATE OF IOWA, Johnson County,ss: where the Building Official finds that the paving cannot reasonably THE IOWA CITY PRESS-CITIZEN be completed due to adverse weather conditions or settling of land on the site after demolition or filling. A temporary Certifi- cate of Occupancy shall be effective only to a date spe- cific, and, as a condition to Bronwyn being duly issuance of such a temporary sworn, say that I am the cashier of the certificate the property' owner IOWA CITY PRESS-CITIZEN, a news- shall place in an escrow account, • established with the City, an paper published in said county, and that amount which shall cover 110% of a notice, a printed copy of which is the anticipated cost of paving. B. Section 36-86 be amended to read in hereto attache), was published in said its entirety as follows: paper time(s), on the fol- Sec. 36-86. Building and occupancy lowing date(s): certificates. (a) 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. (b) No change in the use or occupancy �(�' of land, nor any change of use or z41-Yt ✓ �i)�T} occupancy in an existing Cashier building, other than for sin- gle-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has ben Subscribed and sworn to before me issued by the City Manager or his/her designee. if a building permit has not been issued prior this ay of �(�r , A.D. to the adoption of this Chapter, every certificate of occupancy shall state that the new occu- I9 �• provi- sionspancy of thiseChapter.s with alNo permit for excavation for, or the erection or alteration of, any building shall be issued before NotaryPublic . an application has been made for a certificate of occupancy and No./( fDI 'C SHARON STUBBS ' rtin td 1114•VOW t$lnop Mei 1.10441410111 7A117t 11,14 AdVW I • 331N3)i3SH Avsn2J ..cam.. 3W113111• 1eas ibMOD asp 6UI1.110N • ORDINANCE NO. 85-3261 AN ORDINANCE ESTABLISHING RESEARCH-SERVICE FACILITIES, WAREHOUSES, AND DISTRIBUTION CENTERS AS ELIGIBLE FOR PARTIAL EXEMPTION FROM PROPERTY TAXES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I . PURPOSE. That the Legislature has expanded the types of property eligible for partial property tax exemp- tion to include research-service facili- ties and the City Council wishes to amend the Code of Ordinances to conform with that amendment , and to add warehouses and distribution centers to the list of eligible properties . SECTION II . AMENDMENT. A. That Iowa City Code of Ordinances Sections 32. 1-31 and 32.1-33 are deleted and the following inserted in lieu thereof: Section 32.1-31. There is hereby established a partial exemption from. property taxation of the actual value added to industrial real estate by the new construction of industrial real estate , research-service facilities , warehouses , distribution centers and the acquisition of or improvement to machinery and equipment assessed as real estate pursuant to Section 427A. 1, Subsection 1, paragraph e of the 1985 Code of Iowa . Section 32.1-33. Period and Amount of Exemption. The actual value added to industrial real estate for the reasons specified in Section 32.1-31 is eligible to receive a partial exemption from taxation for a period of five years . However , if property ceases to be classified as industrial real estate or ceases to be used as a research-service facility, warehouse or distribution center , the partial exemption for the value added shall not be allowed for subsequent assessment years . The amount of actual value added which is eligible to be exempt from taxation shall be as follows : a. For the first year , 75%. b. For the second year, 60%. Ordinance No. 85-3261 Page 2 c. For the third year , 45%. d. For the fourth year, 30%. e. For the fifth year , 15%. B. That Iowa City Code of Ordinances Section 32. 1-32 be amended to add the following : Section 32.1-32(d) . Research- service facilities. A building or group of buildings devoted primarily to research and development activi- ties , including, but not limited to, the design and production or manufac- ture of prototype products for experimental use , and corporate-research services which do not have a primary purpose of provid- ing on-site services to the public . Section 32.1-32(e) . Warehouse. A building or structure used as a public warehouse for the storage of goods pursuant to Chapter 554, Article 7 of the 1985 Code of Iowa , except that it does not mean a building or structure used primarily to store raw agricultural products or from which goods are sold at retail . Section 32.1-32(f) . Distribution center. A building or structure used primarily for the storage of goods which are intended for subsequent shipment to retail outlets . Distribu- tion center does not mean a building or structure used primarily for any of the following purposes : to store raw agricultural products , by a manufac- turer to store goods to be used in the manufacturing process, for the storage of petroleum products , or for the retail sale of goods . 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 . 75 Ordinance No. 85-3261 Page 3 SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and app oved this 19th day of November, 1985./ / .,. ..ie ,4-.4212_ AYOR ATTEST: Ij, � 4 , -„ , CITY CLERK Rcteiv d & .ter.r'veci Fly hz! s..-, i'cpar:rnent -- -- -- • 37 , It was moved by Erdahl , and seconded by Zuber that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON ERDAHL MCDONALD —� STRAIT —� ZUBER First consideration 10/22/85 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. Nays: Baker. Second consideration Vote for passage Date published 11/27/85 Moved by Erdahl, seconded by Zuber, 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: Strait, Zuber, Ambrisco, Dickson, Erdahl, McDonald. Nays: Baker. d I77 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500 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. 85-3261 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of November , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of November , 1985 Dated at Iowa City, Iowa, this 4th day of December ,19 85 • • 'amoia Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 85-3261 AN'ORDINANCE ESTABLISHING RESEARCH-SERVICE FACILITIES, WAREHOUSES, AND DISTRIBUTION CENTERS AS ELIGIBLE FOR PARTIAL EXEMPTION}' FROM PROPERTY TAXES. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I. PURPOSE. That the LeAslatUne has has expanded the types of property , eligible for partial property tax exemp- - tion to include research-service facili- ties and the City Council wishes''to amend the Code of Ordinances to conform with that amendment, and to add warehouses and distribution centers to the list of eligible properties. ' SECTION II. AMENDMENT. A. That Iowa City Code of Ordinances Sections 32.1-31 and 32.1-33 are • deleted and the following inserted in 79 lieu thereof: Section 32.1-31. There is hereby Printers fee established a partial exemption from property taxation of the actual value • added to industrial real estate by the new construction of industrial real CERTIFICATE OF PUBLICATION estate, research-service facilities, STATE OF IOWA, Johnson County,ss: warehouses, distribution centers and the acquisition of or improvement to THE IOWA CITY PRESS CITIZEN machinery and equipment assessed as real estate pursuant to Section 427A.I, Subsection 1, paragraph e of the 1985 Code of Iowa. I Section 32.1-33. Period and Amount of Exemption. The actual value Bronwyn S. Van Fossen, bein dui added to industrial real estate for g y the reasons specified in Section sworn, say that I am the cashier of the 32.1-31 is eligible to receive a partial exemption from taxation for a IOWA CITY PRESS CITIZEN, a news- period of five years. However, if paper published in said county, and that property ceases to be classified as industrial real estate or ceases to be a notice, a printed copy of which is • hereto atta hed, was published in said used as a research-service facility, ' warehouse or distribution center, the paper time(s), on the fol- partial exemption for the value added lowing date(s): shall not be allowed for subsequent L assessment years. The amount of actual value added which is eligible to be exempt from taxation shall be as � /26-a 'Q ( aollFos: c2:9-19CJV a. For the first year, 75%. b. For the second year, 60%. J c. For the third year, 45%. ........6airniaal (/ J d. . For the fourth year, 305. e. For the fifth year, 15%. Cashier B. That Iowa City Code of Ordinances Section 32.1-32 be amended to add the following: Section 32.1-32(d). Research- service facilities. A building or Subscribed and sworn to before me group of buildings devoted primarily to research and development activi- ties, including, but not limited to, this ay of /i/t , A.D. the design and production or manufac- ture of prototype products for experimental use, and 19 \. corporate-research services which do not have a primary purpose of provid- ing on-site services to the public. Section 32.1-32(e). Warehouse. A �-�� building or structure used as a public warehouse for the storage of goods Notary Public pursuant to Chapter 554, Article 7 of • the 1985 Code of Iowa, except that it NO. /U L O c;•;4%,r SHARON STUBBS Pit"40S SOCtS We 1.4-1144 - fig Lb-Ate •omni'd;!'o 031vaodaooNl OIMII • /HP • MOON I1 P� A8110a301 0 , ORDINANCE NO. 85-3262 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTHWEST OF MALL DRIVE. THE CITY COUNCIL OF IOWA CITY, IOWA, HEREBY FINDS THAT: 1 . The property described in Section I below (the subject property) has been classified General Industrial (I-1 ) to conform to the present use of the entire tract of which said property is part, and which is occupied by Oral-B Laboratories, Inc. 2. The owner of the subject property has indicated that it has no need for such land for its business, and has requested that it be rezoned to Community Commercial (CC-2) to allow development. 3. Many uses permitted in the General Industrial Zone would be incompatible with both the present use of applicant's property, and neighboring uses. 4. Community Commercial zoning of the subject property will more nearly reflect neighboring uses, and recent development in the vicinity, and will help preserve the character of the neighborhood. 5. Preservation of the area will promote the public welfare, including the maintenance of property values. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. The zoning classification of the property described below is hereby changed from General Industrial ( I-1 ) to Community Commercial (CC-2) and the boundaries of the CC-2 zone as indicated upon the zoning map of the City of Iowa City , Iowa shall be changed to include the property located northwest of Mall Drive and identified as follows: A portion of a tract of land described in Warranty Deed dated April 30, 1971 , recorded in the Johnson County Recorder's Office, Book 361 , page 484, more particu- larly described as follows: Commencing at a Standard Concrete Monument found at the Southeast Corner of the Southeast Quarter of Section 14, Township 79 Ordinance No. 85-3262 Page 2 North, Range 6 West of the Fifth Principal Meridian, thence N1°38' 40"W, along the east line of said Southeast Quarter, of Section 14, 842. 19 feet; thence N63°27 ' 10"W, (An Assumed Bearing for purposes of this Description only) along the Southerly right-of-way line of the Chicago, Rock Island and Pacific Railroad, 275.82 feet, to a 5/8 inch iron pin with cap stamped S.H.A. found, which is the Point of Beginning; thence continuing in N63°27 ' 10"W, 402.66 feet along said Southerly right-of-way line, to the Northerly Corner of Lot 2; thence S22°55' 40"E, 56.07 feet to the Northeasterly Corner of Lot 3; thence S67°04' 20"W, 400.00 feet along the Northwesterly lines of Lots 3 through 6; thence S45°48' 40"W, 142.50 feet along the Northwesterly line of Lot 7; thence S44°11 ' 20"E, 145.61 feet; thence S22°55' 40"E, 62.63 feet to a Point on the Northwesterly right-of-way line of Mall Drive; thence N67°04' 20"E, 741 .64 feet along said northwesterly right-of-way line to the Point of Beginning. Said tract of land contains 3.74 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 publica- tion 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 provisions of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this Ordi- nance shall be adjudged to be invalid or unconstitutional , such adjudication shall not affect the validity of the Ordinance 377 Ordinance No. 85-3262 Page 3 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 an; approved this 3rd day of December, 1 :5. / /11 440 MA OR ATTEST: 4,LE,,,,) CITY tRK • 3 SC It was moved by Ambri$co t and seconded by Dickson ` that the Ordinance asread be adopted and upon roll call there were: AYES: NAYS: ABSENT: X _ ____ AMBRISCO X _ BAKER . K DICKSON X ERDAHL _ii_ _ ____ MCDONALD XSTRAIT X _ ____ ZUBER First consideration 11/12/85 Vote for passage: Ayes: McDonald, Strait, Zuber, Ambrisco, Dickson. Nays: Baker Absent: Erdahl. Second consideration 11/19/85 Vote for passage Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl. Nays: None. Date published 12/11/85 . 5SZI . CITY OF IOWA 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. 85-3262 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of December , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of December , 19 85 Dated at Iowa City, Iowa, this 30th day of December ,19 85 Lk . Ra na Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 85-3202 • ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED NORTHWEST OF MALL DRIVE. THE CITY COUNCIL OF IOWA CITY, IOWA, . HEREBY FINDS THAT: 1. The property described in Section I below (the subject property) has been classified General Industrial (1-1) to • ^ I conform to the present use of the entire (+,..— tract of which said property is part, and which is occupied by Oral-8 Laboratories, Inc. Printers fee 2. The owner of the subject property has indicated that it has no need for such land for its business, and has requested CERTIFICATE OF PUBLICATION that it be rezoned to Community Commercial STATE OF IOWA, Johnson Count ss: (CC-2) M allow development. � 3.. Many uses permitted to the General THE IOWA CITY PRESS•CITIZEN Industrial Zone would be incompatible with both the present use of applicant's property, and neighboring uses. 4. Community Commercial zoning of the subject property will more nearly reflect I neighboring uses, and recent development in the vicinity, and will help preserve Bronwyn S. Van Fossen, being duly the character of the neighborhood. sworn, say that I am the cashier of the 5. Preservation of the area will promote the public welfare, including the IOWA CITY PRESS-CITIZEN, a news- maintenance of property values. paper published in said county, and that NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, a notice, a printed copy of which is IOWA THAT: hereto attached, was published in said SECTION I. The zoning classification time(s), on the fol- of the property described below is hereby paper changed from General Industrial (I-1) to lowing date(s): Community Commercial (CC-2) and the boundaries of the CC-2 zone as indicated upon the zoning map of the City of Iowa City, Iowa shall be changed to include the property located northwest of Mall Drive . �. C= and identified as follows: A portion of a tract of land � described in Warranty Deed dated �/] April 30, 1971, recorded in the `102.6—y2.6 f/ �'Y1 t--1an Johnson County Recorder's Office, Cashier Book 361, page 484, more particu- larly described as follows: rr•emnrinr at r Standard Subscribednand sworn to before me this alrrt' ik_day of .--.c____ , A.D. 5861 'El'8l 'L L Jagwaa0 NNE£rZO0 5861 I9 f�. to3Olnzas aq;40 4uepua;a0 Ag pasinoe A1�dwoad aq pino454uepua;ao a4;1o4 ieadde 04 p04)adaa Si 04m,tawo448 a41 'ILB Bina) 11nv430 v 1N3A3dd 01 ONIOV31d dO N0110W 3DNV ,, \r\ ) -dv3ddV 1V133dS V 11d ONV 3A83S I1 AdVSS3D3N Si 11 au-10;;e s,luepua4a0 Notary Public q �o ;uep ua;aa a4; Aq JOy41a apew aq Aew 75, a)ueueadde pannbai a41•poolsJapun sAemle;au 0 e swom asa41 ' pua4ao pue o4aaa4;aeadde„ I S�g c 04 p1o;aze swepua;aa se paweu suoszad 310N N o. JDMUS'enrol 'A;)eMol asnow.moD Alunoo Uos4or• on i iaaq A;ndGO 'sulec ApueS :A8 Leal! ;uno3 anoqv a4!40 1aa0 IDAO r'. Hau;ui p 3u d OdVM03 SHARON STUBHS lea 'u0141;ad a4;u1 papuewap 1a11aa ay(Jo;nOA Isule6e paJapua-aq Him;Inelap Aq Iuawa6pni ;oa" '9861 'AJenuer to Aep 4401 au;aao))aq zo uo'enrol a 4O4r ....... 'A;13 enrol u1 asno4;lno3 a4{4e'A;un0)uosugor 1pald uo;4400 4)9SR3 enrol 0144 o1 puepap pue o494a44 -n;4; / Jea4de noA ssalun 4844 pal;µ0u Ja4;1n;-aJe noAA I L eos 'PPM'PMOI 'Al!) 8M01 'LPPC xog '0'd 'laaJ;S Lion,4450$ 111 sl 'uo17 ssaippe aso4M'mezl g;eadneH'1401'4;01'4;a1 40'4;a1'V d1114d sl AawoUe s,.iau01J1;ad 041 6 aAat '6uiuui5aq;0 Iulod 044 04 amen q V Ilegwoq 40 au!45aM 044 6uOIe 4450$ 043 4 a)ua4; !anuanv ['egw!X;0 au!! ;saM a4; pun s: 44104 uoipas404Ui S4!04 Cl 401 40 Gull 44.ON ay;6uOle;sea away;'Cl 101 pies 40.awo) sem4;)oN au;04 EL 101 10 awl 4saM ay4 Zaa.i utile 44)oN aw9y4 4£1 101 10 Gull 4S3M 044 ". 01£1 101 40 Gull 4400$a4;04 lalleaed atm e uo 84401 1saM away,'EI 401 p!PS 40 au!'4UON aLl 4o a41 4 woos 4aa4 SOI 4uio0 a o4 3,SC2Eo4 N a)ua44 a t 314. =4004 68'£81 M.,00,89098 N away;:6u!uu16aq 40;uiod ay;O4 a0uanv fiegwlf 10 awl;Sam 044 61.101e 4aa4 06.68 3,S£ASoi N a)ua44:amu ; ;.nb e.9tu171;0 Gull tiltiau;of£jl pins ORDINANCE NO. 85-3263 AN ORDINANCE AMENDING SECTION 15-65 OF THE CITY CODE TO ESTABLISH FEES FOR RESIDENTIAL SOLID WASTE COLLECTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I . PURPOSE. The purpose of this amendment is to establish by ordinance , as provided by 5384.84, Code of Iowa , fees for residential solid waste collection. This ordinance reaffirms the fees which were previously established by Resolution 85-146. SECTION II . AMENDMENT. Section 15-65 of the Code of Ordinances of the City of Iowa City, Iowa , is hereby repealed and substi- tuted in its place is the following new Section 15-65: Sec. 15-65. Fees. The fee for residential solid waste collection shall be $4.30 per month for each dwelling unit and $2. 15 per month for each rooming unit. Said fees shall be effective with the water/sewer/refuse billings that go out beginning August 14, 1985. 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 ettect atter its final passage , approval and publication as required by law. Passed and arproved this 3rd day of December, 1985/ 4111 0000/1AYOR ATTEST: /q,?)�� /. �.�t� CITY CLERK j1313:,- / 3'8; It was moved by Zuber , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration 11/19/85 Vote for passage Ayes: Erdahl, ,McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Date published 12/11/85 Moved by Erdahl, seconded by Strait, 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: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. 3g3 CITY oF CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5030 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. 85-3263 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of December , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of December , 19 85 . Dated at Iowa City, Iowa, this 30th day of December 0985 mo a Parrott, Deputy City Clerk 1 • Printers fee S 12 OFFICIAL PUBLICATION ORDINANCE NO. 85-3263 CERTIFICATE OF PUBLICATION AN ORDINANCE AMENDING SECTION 15-65 OF THE STATE OF IOWA, Johnson County,ss: CITY CODE TO ESTABLISH FEES FOR RESIDENTIAL THE IOWA CITY PRESS CITIZEN SOLID WASTE COLLECTION. BE AT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,ITHAT: I, SECTION I. PURPOSE. The purpose of this • _amendment is to establish by ordinance, as Arovided by S384.84, Code of Iowa, fees for Bronwyn S. Van Fossen, being duly residential solid waste collection. This sworn, say that I am the cashier of the ordinance reaffirms the fees which were IOWA CITY PRESS-CITIZEN, a news- • previously established by Resolution 85-146. paper published in said county, and that SECTION Ii. AMENDMENT. Section 15-65 of a notice, a printed copy of which is • tie Code 9f Ordinances of the City of Iowa City, Iowa, is hereby repealed and substi- hereto attached, was published in said Luted in its place is the following new paper 1 timels), on the fol- Section 15-65: lowing date(s): Sec. 15-65. Fees. The fee for residential solid waste • collection shall be 14.30 per month for each dwelling unit and $2.15 per month Q.ceL.-rak-2, 11, ! for each rooming unit. Said fees shall beeffective with the water/sewer/refuse billings that go out beginning August 14, 1985. SECTION IIi. REPEALER: All ordinances and —� A _ - . `! parts of ordinances in conflict with the provision of this ordinance are hereby Cashier repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, Subscribed and sworn to before me 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. Ch 1S• ay Of ��, A.D. SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and 19 law. Dublication as required by 1 Passed and proved this 3rd day of �C.� , December, 198 Notary Public .TU' ATTEST: id No.l1 i?d RK ... 02409 December 11, 1985 6:6% SHARON STUBBS _ ORDINANCE NO. 85-3264 ORDINANCE AMENDING THE IOWA CITY MUNICIPAL CODE, RIVER REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I . PURPOSE. That the river regulations in Chapter 24 of the Municipal Code of the City of Iowa City be brought into compliance with Iowa Conservation Commission rules and State statute. SECTION II . AMENDMENT. That the Iowa City Code of Ordinances shall be amended as follows : A. Sections 24-83(f) through (k) , are deleted and the following are inserted in lieu thereof: Section 24-83(f) . No person shall operate any vessel towing persons on water skis , surfboards, or similar devices on the Iowa River in the area bounded by the Coralville Mill Dam and the Burlington Street Dam, except during regattas, races , marine parades , or exhibitions authorized by the State Conservation Commission to be held in such area . Section 24-83(g) . No owner or operator of any vessel propelled by a motor of more than six (6) horsepower shall permit any person under twelve (12) years of age to operate such vessel except when accompa- nied by a responsible person of at least eighteen (18) years of age who is experi- enced in motorboat operation. Section 24-83(h) . No person shall swim in the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. Section 24-83( i) . No person shall walk, ice skate , fish or otherwise be upon the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. Section 24-83(j) . No craft or vehicle shall be operated on the surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. B. Section 24-84 is hereby repealed. SECTION III . REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. Page 2 SECTION IV. SEVERABILITY. If any section, provision or part of the ordinance shall be adjudged to be invalid or unconstitu- tional , 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 VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and app, ove• this 3r day of December, 1985 / Atr•`‘-4(7 MAYOR ATTEST: • 9C�r�eJ my CLERK By Rec i ell �',pwrwevi BY ;1- '"v?^1 D rarhtlEnt 3c ,5 It was moved by Ambrisco t and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER DICKSON X EROAHL MCDONALD X STRAIT ZUBER First consideration 11/19/85 Vote for passage: Ayes: McDonald, Strait, Zuber. Ambrisco, Baker, Dickson, Erdahl. Nays: None. Second consideration Vote fors passage Date published 12/11/85 Moved by Ambrisco, seconded by Strait, 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: Zuber, Ambrisco, Baker, Dickson, McDonald, Strait. Nays: None. Absent: Erdahl. c3 Vo CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CC 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. 85-3264 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the Mrd day of December , 19 8S , all as the same appears of record in my office and published in the Iowa City Press-Citizen on thellth day of December , 19 85 Dated at Iowa City, Iowa, this 30th day of December ,19 85 ChL-14-W amona Parrott, Deputy City Clerk OFFICIAL PUBLICATION i' ORDINANCE N0. 85-1.264 ORDINANCE AMENDING THE IOWA CITY MUNICIPAL CODE, RiVER REGULATIONS. • 361 BE IT ORDAINED BY THE CITY COUNCIL OF THE y c� CITY OF IOWA CITY, IOWA: Printers fee S /J 6 SECTION I. PURPOSE. That the rivr- redulations in Chapter 24 of the Municipa Cade of the City of Iowa City be brought CERTIFICATE OF PUBLICATION into canpliance with Iowa Conservation Commission rules and State statute. STATE OF IOWA, Johnson County,ss: SECTION II. AMENDMENT. That the Iowa City THE IOWA CITY PRESS-CITIZEN Code of Ordinances shall be amended as follows: A. Sections 24-83(f) through (k), are deleted and the following are inserted in lieu thereof: I. Section 24-83(f). No person shall operate any vessel towing persons on water Bronwyn S. Van Fossen, being duly skis, surfboards, or similar devices on the Iowa River in the area bounded by the sworn, say that I am the cashier of the IOWA CITY PRESS CITIZEN, a news- StreD e Mill Dam and the Burlington Street et Dam, except during regattas, races, paper published in said county, and that marine parades, or exhibitions authorized a notice, a printed copy of which is held bythe State Conservation Commission to be hein such area. hereto attached, was published in said Section 24-83(g). No owner or operator paper // time(s), on the fol- of any vessel propelled by a motor of more lowing date(s): than six (6) horsepower shall permit any person under twelve (12) years of age to operate such vessel except when accompa- nied by a responsible person of at least eightebn (18) years of age who is experi- E /1 / anted in motorboat operation. �Y`�� !'- Lr�� f / Section 24-83(h) No person shall swim • in the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. ---4411Y-12) --4 1 � Y-12 n �.Q1Q��"Y� Section 24-83(i). No person shall walk, •/// --_ ice skate, fish or otherwise be upon the Cashier surface of the ice on the Iowa River between the Iowa Avenue Bridge and the Burlington Street Dam. Section 24-83(j). No craft or vehicle Subscribed and sworn to before me shall be operated on the surface of the ice on the Iowa River between the Iowa /� Avenue Bridge and the Burlington Street this o�c day of_bSt < , A.D. Dam. B. Section 24-84 Is hereby repealed. _ SECTION III. REPEALER. All ordinances and 19 �5, parts of ordinances in conflict with the ��I �� (n!- — provision of this ordinance are hereby < repealed. �� SECTION IV. SEVERABILITY. If any section, provision or part of the ordinance shall Notary Public be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect the validity of the Ordinance as a whole N 0, / 5-15? 4 or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall he in effect after its final f, SHARON STt)B85 passaged bapproval p r val and publication as o Passed and ap oeed this Sr ,y of December, 1985. i Y0p ATTEST: 02408 December 11. 1985 ORDINANCE NO. 85-3265 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II OF THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY AMENDING SECTION 2-20 THEREOF TO PROVIDE SOME FLEXIBILITY IN SETTING THE DATE FOR THE CITY COUNCIL ORGANIZATIONAL MEETING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I . That Chapter 2, Article II , of the Municipal Code of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 2-20, entitled "Organi- zation meeting" , and enacting the new section in lieu thereof to be codified the same to read as follows : "Section 2-20. Organizational Meet- ing . The new elected Council shall meet for the first time not earlier than noon on the second day of January which is not a Sunday or legal holi- day, and not later than noon on the sixth calendar day of January." SECTION II . SEVERABILITY: If any of the provisions of this Ordinance are for any reason declared illegal or void , then the lawful positions of this Ordinance, which are severable from said unlawful provi- sions , shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions . SECTION III . REPEALER. All ordinances or parts of ordinances in conflict with provisions of this ordinance are hereby repealed. These are: Ordinance No. 2312 ( February 2, 1965) . SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in full force and effect from and after its final passage and publication .s by law provided . Passed a t approved this 3rd day of December, , 85./ /�,A/ G t:2_,,,;..........._4e2(2 +., G / MAYOR ATTES : , CITY CLERK L.--- 3R'% It was moved by Zuber and seconded by Strait • that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER DICKSON _ X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 11/26/85 Vote for passage: Ayes: Zuber, Ambrisco, Baker, Erdahl, McDonald. Nays: None Absent: Dickson, Strait. Second consideration Vote for passage Date published 12/11/85 Moved by Zuber, seconded by Strait, 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: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: Erdahl. 3 65 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CO3 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. 85-3265 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of December , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of December , 1985 Dated at Iowa City, Iowa, this 30th day of December ,19 85 . l�G amo a Parrott, Deputy City Clerk i ( ,.' nOFFICIAL PUBLICATION n — ORDINANCE NO. 85-3265 Printers fee AN ORDINANCE AMENDING CHAPTER 2, ARTICLE tI OF THE MUNICIPAL CODE OF IOWA CITY, CERTIFICATE OF PUBLICATION IOWA, BY AMENDING SECTION 2-20 THEREOF TO PRCV'DE SOME FLEXIBILITY IN SETTING THE STATE OF IOWA, Johnson County,ss: DATE FOR THE CITY COUNCIL ORGANIZATIONAL THE IOWA CITY PRESS-CITIZEN MEETING. 2i: IT ORDAINED BY THE CITY COUNCIL OF THE CI7Y OF IOWA CITY: SECTION I. That Chapter 2, Article II, of I the Municipal Code of Iowa City, Iowa, be, and the same is hereby amended by Bronwyn S. Van Fossen, being duly repealing Section 2-20, entitled "Organi- zation meeting", and enacting the new sworn, say that I am the cashier of the section in lieu thereof to be codified the IOWA CITY PRESS-CITIZEN, a news- same to read as follows: paper published in said count > and that "Section 2-20. Organizational Meet- } ing. The new elected Council shall a notice, a printed copy of which is meet for the first time not earlier hereto attached, was published in said than noon on the second day of January which is not a Sunday or legal holi- paper time(s), on the fol- day, and not later than noon on the lowing date(s): sixth calendar day of January." SECTION II. SEVERABILITY: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the r r lawful positions of this Ordinance, which o A l f are severable from said unlawful provi- sions, shall be and remain in full force and effect, the same as if the Ordinance i I :� contained no illegal or void provisions. .....„.....A.-Ai • �--i� �" SECTION III. REPEALER. All ordinances or Cashier parts of ordinances in conflict with provisions of this ordinance are hereby repealed. These are: Ordinance No. 2312 (February 2, 1965) Subscribed and sworn to before me SECTION IV. EFFECTIVE DATE: This Ordi- nance shall be in full force and effect from and after its final passage and -��// h publicatio as by law provided. thisoc� ay of \,S,-t.—% A.D. Passed .nd a•.roved t�s 3rd day of ec Dember 19: GG / 19 ` S'. / `Y A R AT TE : ,,,,,,,> -y -741.“-.1 CITY CLERK C2a07 December 11, 1985 Notary Public No. ..I �II �S© is ;1 SHARON STUBBS Yr ORDINANCE NO. 85-3266 ORDINANCE TO AMEND THE ZONING ORDINANCE, ADOPTED BY ORDINANCE 85-3239, TO PERMIT PHOTOGRAPHIC STUDIOS IN THE CO-1 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I . PURPOSE. To permit photo- graphic studios in the CO-1 zone and establish a parking requirement for them. SECTION II. AMENDMENT. That the Iowa City Code of Ordinances Section 36-17(b) be amended to include the following: (10) Photographic Studios. That Section 36-58(a) (2) be amended to include the following : o.l Photographic studios Where permitted Two (2) parking spaces for each office, studio and reception area, provided that there shall be no less than five (5) spaces . SECTION III . REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section , provision or part of the 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 ettect after its final passage, approval and publication as required by law. Passed #nd approved this 17th day oC December, ID 85. MAYOR ATTEST: )'yti1,,,J TY LER .�: • __..: .71 '. . _-3X'9 It was moved by Strait and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 12/3/85 Vote for passage: Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Absent: Erdahl. Second consideration Vote for passage Date published 12/24/85 Moved by Strait, 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: Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. 390 CITY OF IOWA CITY CMC 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. 85-3266 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December , 19 85 , all as the same appears of record in my office and published—in the Iowa City Press-Citizen on the 24th day of December , 1985 Dated at Iowa City, Iowa, this 30th day of December ,19 85 . ii/a-102( Ramon Parrott, Deputy City Clerk Printers fee >�.� OFFICIAL PUBLICATION ORDINANCE NO. 8S-3266 CERTIFICATE OF PUBLICATION ORDINANCE TO AMEND THE ZONING ORDINANCE, STATE OF IOWA, Johnson Count ss: ADOPTED BY ORDINANCE 85-3239, TO PERMIT 3'' PHOTOGRAPHIC STUDIOS IN THE CO-1 ZONE. THE IOWA CITY PRESS-CITIZEN RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY.OF IOWA CITY, IOWA: SECTION 1. PURPOSE. To permit photo- 1, graphic studios in the CO-1 zone and establish a parking requirement for them. Bronwyn S. Van Fossen, being duly SECTION II. AMENDMENT. That the Iowa sworn. say that I am the cashier of the Lity Code of Ordinances Section 36-17(b) be amended to include the following: IOWA CITY PRESS-CITIZEN. a news- (10) Photographic Studios. paper published in said county, and that That Section 36-58(a)(2) be amended to copyof which is inolude the following: a notice, a printed o.l Photographic studios hereto attached. was published in said Where permitted paper _ timeisi. on the fol Two (2) parking spaces for each office, studio and reception area, provided that lowing dateisl: there shall be no less than five (5) spaces. SECTION iII_ REPEALER. All ordinances ///��� • and parts of ordinances in conflict with � � ����k _7_._` the provision of this ordinance are hereby o��l�/,�.G/ j SECTIled. �, SECTION IV. SEVERABILITY. If any /c(� � /������,„ section,shallpbe or part the Orit 5[/ I � / vJ/, uncon itbe adjudged to be invalidiolor l / unconstitutional, such adjudication shall Cashier not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Subscribed and sworn to before me SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect atter its final passage, approval and publication as �f required by law. this v(_S� ay of V C2--e-- A.D. Passed nd approved this 17th day of December, 85. �«/� S 1�) J AYOR ----QA----A—^--�V% •-it----- ,L),'QLt` > ATTEST: iY CLERK Notary Public 02543 December 24,1985 No. it6s---/So SHN S 8 :`' AROTUBBS . 1 CA4- - 1 ORDINANCE NO. 83-3267 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ESTABLISH A RESEARCH DEVELOPMENT PARK (RDP) ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I . PURPOSE. The purpose of this ordinance is to establish a zone to provide areas for the location of office, research , limited production and/or assembly and similar uses . SECTION II . AMENDMENTS. The Zoning Ordinance, Chapter 36 of the Iowa City Code of Ordinances, is hereby amended as follows : Sec . 36-5(a) shall be deleted and the following inserted in lieu thereof: (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 development can take place. Upon provision of municipal services, the City will and the property owner may initiate rezoning of property to uses consistent with the Comprehen- sive Plan . ID designations on the zoning map shall be reevaluated with each revision of the Comprehensive Plan . ID designations shall consist of ID-RS (single-family residential ) , ID-RM (multi-family residential ) , ID-ORP (office research park) , and ID-RDP (research development park) to reflect the intended use of the property in the future. Sec. 36-5(c) shall be amended by adding the following: (4.1) Research development park (RDP) uses provided they are developed in accordance with the applicable special provisions of this zone. Sec . 36-5(g) shall be amended by adding the following: (3) Research development park uses may develop in those areas designated ID-RDP in accordance with the requirements of the RDP zone. Any such uses shall be constructed to full City development standards and shall provide approved private water i� PAGE 2 and sewer facilities until such time as City services are extended to the area. Sec . 36-24, provisions for a Research Development Park Zone (RDP) shall be added as follows : Sec. 36-24. Research Development Park Zone (ROP) . (a) It is intended that this zone provide areas for the development of office, research, limited production and/or assembly, and similar uses. The requirements of this zone are intended to provide protection from adverse impacts of uses within this zone on adjacent land uses. Hotels , motels , and similar uses should be located along the periphery of the zone or in such other locations that do not adversely affect the setting and quality of development for the permitted uses of the zone. (b) Permitted uses . (1) Data processing and computer operations . (2) Merchandise and product display centers, but not including the retail sale of merchandise . (3) Offices for business , educa- tional , financial , governmental , industrial or professional uses . (4) Research , testing , and experi- mental laboratories. (5) Establishments for the manufac- ture, assembly, service , and repair of the products listed below: a. Pharmaceuticals . b. Office , computing, and accounting machines. c. Communication equipment. d . Electronic components and accessories . e. Engineering , scientific and research laboratory equipment. f. Measuring and controlling instruments. g. Optical instruments and lenses . h. Surgical , medical , and dental instruments and supplies . PAGE 3 i . Photographic equipment and supplies. j. Electrotherapeutic, electromedical , and x-ray apparatus . k. Jewelry, silver, and plated ware. (6) Printing and publishing facili- ties. (c). Provisional uses. (1) Warehousing, storage, and distribution facilities associated with and related to any of the principal uses described in subsection (b) , above, and physically attached to a structure or structures occupied by such facilities. Such facilities may occupy up to 60 percent of the total gross floor area occupied by the use. (d) Special exceptions. (1) Child care facilities. (2) 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. (3) Heliports and helistops subject to the requirements of Section 36-55. (4) Hotels, motels and convention centers, and restaurants accessory thereto. (5) Public utilities, except public utility storage yards. (6) Schools - specialized private instruction. (e) Dimensional requirements. (1) Minimum lot area: two (2) acres. (2) Minimum lot width:None. (3) Minimum lot frontage: None. (4) Required yards: Front - none, except where a lot abuts or is across the street from a residen- tial zone, an ORP or ID zone, no building, or parking or loading area shall be closer to the zone boundary than 150 feet. A parking area may be located to within 60 feet of a residen- 323 PAGE 4 tial , ORP, or ID zone boundary if the parking area is screened as provided in Section 36-76(j) (1)b. Side - none, except where a lot abuts or is across the street from a residen- tial zone, an ORP or ID zone, no building, or parking or loading area shall be closer to the zone boundary than 150 feet. A parking area may be located to within 60 feet of a residen- tial , ORP or ID zone boundary if the parking area is screened as provided in Section 36-76(j) (1)b. Rear - none, except where a lot abuts or is across the street from a residen- tial zone, an ORP or ID zone, no building, or parking or loading area shall be closer to the zone boundary than 150 feet. A parking area may be located to within 60 feet of a residen- tial , ORP or ID zone boundary if the parking area is screened as provided in Section 36-76(j) (1)b. (5) Maximum building bulk: Height - three stories. Lot coverage - 50%. (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV of this Chapter, the divisions and sections of which are indicated as follows : (1) Accessory uses and require- ments: See Article III. a. Permitted accessory uses and buildings: See Section 36-56. \59/ PAGE 5 b. Accessory use and building regulations: See Section 36-57. c. Off-street parking requirements:See Section 36-58. d. Off-street loading requirements: See Section 36-59. e. Sign regulations: See Section 36-60. f. Fence regulations : See Section 36-64. (2) General provisions: See Article IV. a. Dimensional requirements: See Division I. b. Tree regulations: See Division II. c. Performance standards: See Division III. d. Nonconformities: See Division IV. (g) Special provisions . (1) In no instance shall an area zoned RDP be less than 10 acres. Sec. 36-56(e) shall be deleted and the following inserted in lieu thereof: (e) In the ORP, I and RDP zones. There may be any accessory use including but not limited to printing, publishing, design, development, fabrication, assemblage, storage and warehousing, and child care facili- ties provided that: (1) Fences are erected in compliance with Sec. 36-65. (2) Off-street parking and loading are provided as required in Sections 36-58 and 36-59. (3) Signs are erected in compliance with Sec. 36-60. (4) A communication tower' s distance from an R zone is at least equal to the height of the tower. Sec. 36-58(d) (2)b. shall be deleted and the following inserted in lieu thereof: b. In I, ORP and RDP 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. 395 PAGE 6 Sec . 36-62(a) (2)j.l. shall be deleted and the following inserted in lieu thereof: 1. Off-premises signs shall not be permitted in residential , CO-1, CN-1, CB-10, ORP and RDP zones. In the CB-2 zone, only off-premises facia signs shall be allowed. Off-premises signs may be billboard signs or any other type of sign allowed in the zone in which the sign is located. Sec . 36-62(c) (1)a.2, shall be deleted and the following inserted in lieu thereof: 2. Non-residential uses in the ID-ORP zone, other than ORP uses, and in the ID-RDP zone, other than RDP uses, shall be required to comply with the sign regulations of the CO-1 and CN-1 zones. Sec . 36-62(c) (1)a. shall be amended by adding thereto the following: 5. RDP uses in an ID-RDP zone shall be permitted signage in accordance with the requirements of the RDP zone. Sec. 36-62(c) (6) shall be deleted and the following inserted in lieu thereof: (6) I-1, I-2, ORP and RDP zone regula- tions , a. Permitted signs. 1. Facia signs . 2. Only one (1) of the following signs : a. Identification monument sign . b. Identification free-standing sign. 3. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument or free-standing sign may be erected. The maximum area of the common sign may be 50% larger than the area of the maximum individual sign allowed. 2. In the I-1 and I-2 zones, two free-standing or monument signs are permitted provided that the distance between the two signs is no less than 150 feet as measured along the frontage of a single lot. PAGE 7 c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be located. 2. Individual sign allowances. a. Sign: Facia. Maximum Area: 15% of the sign wall area. Maximum Height: None. b. Sign: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 150 square feet or 75 sq. ft. per sign face. Maximum Height: Five (5) feet. c. Sign: Free-standing Maximum Area: One (1) square foot per lineal foot of lot frontage not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: 25 feet. d. Sign: Window. Maximum Area: 25% of the area of the window where it is mounted. Maximum Height: None. Sec. 36-65(c) (2) shall be deleted and the following inserted in lieu thereof: (2) Except for the enclosure of livestock operations, barbed wire fences shall be permitted only in the C, I, ORP or RDP zones, provided that the bottom strand of barbed wire shall not be less than six (6) feet above grade. Sec. 36-70(a) (2) shall be deleted and the following inserted in lieu thereof: (2) In the C, I, ORP and RDP zones. a. Grain elevators . b. Radio and television communica- tion towers . c. Stacks. d. Storage tanks and water towers. Sec. 36-76(a) (1) shall be deleted and the following inserted in lieu thereof: '397 PAGE 8 (1) In all C zones, and in the ORP and RDP zones, the emission beyond lot lines of smoke darker in shade than Ringlemann No. 1 from any chimney, stack, vent, opening, or combustion process is prohibited. Sec. 36-76(b) (1) shall be deleted and the following inserted in lieu thereof: (1) In all C zones, and in the ORP and RDP zones, the emission of particu- - late 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 (1/2) pound per hour per acre of lot area during any one-hour period. Sec. 36-76(d) (1) shall be deleted and the following inserted in lieu thereof: (1) In all C zones, and in the ORP and RDP zones, the release beyond lot lines of airborne toxic matter shall not exceed 1/8th of the Threshold Limit Values. Sec. 36-76(e) (1) shall be deleted and the following inserted in lieu thereof: (1) In all ID and C zones, and in the ORP and RDP zones, when measured beyond lot lines at ground level or habitable elevation, odorous matter shall not exceed the odor threshold concentration. Sec . 36-76(f) shall be deleted and the following inserted in lieu thereof: (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 simultane- ously measuring in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum displacements shall be determined by the following formula: K = 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. • PAGE 9 Constant K by Type of Vibration Impulsive (at least I second rest between less than 8 Zone and Place pulses which do not pulses per of Measurement Continuous exceed 1 second duration) 24-hrs. C Zcnes,and ORP and ROP Zones: 0.003 0.006 0.015 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 scnool bounaary lines • 399 PAGE 10 Sec. 36-76(j) (1)a. shall be deleted and the following inserted in lieu thereof: a. Except for a use in an ORP or RDP 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 a residential , or ORP zone, or school , abutting or located across the street from said commercial or industrial use. Sec. 36-76(j) (1)b. shall be deleted and the following inserted in lieu thereof: b. In an ORP or RDP zone where parking is located within 60 feet of an R, ORP or ID zone boundary, 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 residential zone or school . 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 Ordinance shall be in eftect after its final passage, approval and publication as required by law. Passed a approved this 17th day of December, 1 8S. atis�L ciaz MAYOR ATTEST: b�> 4 . -6 ITY CLERK °jeeetiestg a Approt7 ^y./ 4'iir' It was moved by Ambrisco and seconded by Baker that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO Y BAKER �C DICKSON Y EROAHL X MCDONALD X STRAIT ZUBER First consideration 11/19/85 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Second consideration 12/3/85 Vote for passage Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Absent: Erdahl. Date published 12/24/85 • • 4/9/ CITY OF IOWA CITY CHIC 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. 85-3267 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December , 1983 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the24th day of December , 19 85 . Dated at Iowa City, Iowa, this 30th day of December ,195 amo a Parrott, Deputy City Clerk aitt 7s-3-47 OFFICIAL PUBLICATION (c) Provisional uses. (1) Warehousing, storage, and distribution facilities ORDINANCE NO. 65,126' associated with and related to any of the principal uses AN ORDINANCE AMENDING THE ZONING ORDINANCE described in subsection (b), TO ESTABLISH A RESEARCH DEVELOPMENT PARK above, and physically attached (PUP) ZONE. to a structure or structures occupied by such facilities. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA Such facilities may occupy up to CITY, IOWA: 60 percent of the total gross floor area occupied by the use. SECTION I. PURPOSE. The purpose of this (d) Special exceptions. ordinance Is to establish a zone to . (1) Child care facilities. provide areas for the location of office, (2) Communication stations, centers, research, limited production and/or stud los and towers, provided assembly and similar uses, that towers shall be located at SECTION II. AMENDMENTS. The Zoning least as far away fro, lot lines Ordinance Chapter 36 of the Iowa City as their height above grade. Code of Ordinances, is hereby amended as (3) Heliports and hel istops subject follows: to the requirements of Section Sec. 36-5(e) shall be deleted and. the 36-55. following inserted in lieu thereof: (4) Hotels, motels and convention centers, end restaurants (a) Intent. This zone is intended to accessory thereto. nov. a for areas of managed' growth (5) utility Public utilities, except public in which oflaral and other utility storage yards. non-urban uses land may continue, (6) Schools - specialized private �Q until such time as the City is able instruction. Printers fee tat__ to provide municipal services and (e) Dimensional requirements. urban development can take place. (1) Minimum lot area: two (2) acres. CERTIFICATE OF PUBLICATION thenCitNwill andn of services, (2) Minimum lot frontage: N ,y property owner (3) Minimum lot frontage: None, may initiate rezoning of property to (4) Required yards: STATE OF IOWA,Johnson County,ss: uses consistent with the Camprehen- Front - none, except where a lot sive Plan. ID designations on the abuts or is across the 1 THE IOWA CITY PRESS-CITIZEN zoning map shall be reevaluated with street from a residen- each revision of the Comprehensive tial zone, an ORP or ID Plan. ID designations shall consist zone, no building, or of ID-RS (single-family residential), parking or loading area I ID-RM (multi-family residential), shall lie closer to the ID-ORP (office research park), and zone boundary than 150 ID-ROP (research development park) to ____ _ Bronwyn S. Van Fossen, being duly reflect the intended use of the feet A parking area sworn, say that I am the cashier of the property in the future. IOWA CITY PRESS-CITIZEN, a news- may be located to swiden- 6D feet of a reslzone published in said county, and that Um 36-5(c) shall be amended by adding • bouORP, or ID zone paper Y (4e )following:' boundaryi if therperk las a notice, a printed copy of which is (4.1) Research development park (ROP) uses area is screened as hereto attached, was published in said provided they are developed in provided in Section accordance with the applicable 36-76(j)(1)b. paper ` timelsl, on the fol- special provisions of this zone. lowing datelsl: Sec. 36-5(g) shall be amended by q addin Side - none, except where a lot abuts or is across the following: street from a residen- (3) Research developmentD park uses may tial zone, dor ID //ii develop in those areas designated zone, no building,dior en d� 4 / / t," ]equir in accordance with the /Y/C// ri/`/ VJI [frparking or loading area requirements of the POP zone. My shall be closer to the such uses shall be constructed to zone boundary than 150 A full City development standards and feet. A parking area end , " ML/ / shall provide approved private water may be located to within `/,� i//K//� a4 /G''�Ct r? and sewer facilities until such time 60 feet of a residen- Cashier as City services are extended to the tial, ORP or ID zom, area. boundary if the parking Sec. 36-24, provisions for a Research area is screened as Development Park Zone (POP) shall be added provided in Section Subscribed and sworn to before me I as follows: 36-76(31(1/1)• Sec. 36-24. Research Development Park Rear - none, except where a lot - Zone (ROP). abuts or is across the ty�� (a) It is intended that this zone provide street from a reslden- thi9 8 of d 1.—t. , A.D. areas for the develo tial zone, an ORP er ID Y pedant of office, zone, no building, or research, limited production and/or loading assembly, and similar uses. The parking or teen 19g requirements of this zone are zonel boundarys than the intended to provide protection from adverse impacts of uses within this feet. A to to area zone on adjacent laic uses. Hotels, maybe located to within ��� �" motels, and similar uses shoo ltl. be 60 feet of a residen- located' alongthe periphery tial, ORP or ID zone Notary Public peri her of the boundaryif the parking zone or in such other locations that p do not adversely affect the setting No. area is screened as l I sl 6 Q and quality of development for the provided in Section permitted uses of the zone. 36-16(j)(I)t. (b) Permitted uses. (1) Data processing and computer (5) Maximum building bulk: operations. Height -. three stories. o` a.. SHARON STUBBS (2) Merchandise and product display Lot coverage - 50%. m , . . centers, but not including the If) General provisions. All principal ., retail sale of merchandise. and accessory uses permitted within - - - (3) Offices for business, educe- this zone are subject to the / ttonal, financial, governmental, requirements of Articles III and IV industrial or professional of this Chapter, the divisions and uses. sections of which are Indicated as (4) Research, testing, and expert- follows: mental laboratories. (1) Accessory uses and require- (5) Establishments for the nwnufac- men ts: See Article 111. ture, assembly, service, and a. Permitted accessory uses repair of the products listed and buildings: See Section below. 36-56. a. Pharmaceuticals. b. Accessory use and be:Id mo b. Office, computing, and regulations: See Sec Hon accounting machines. 36-57. c. Communication equipment. c. Off-street e-Nn� d. Electronic components and requirements:See Section 3e-5R. accessories. d. Off-street leading e. Engineering, scientific and requirements. See Section research laboratory 36-59, equipment. e. Sign regulations: See f. Measuring and controlling Section 36-60. instruments. f. Fence regulations: See q. Optical instruments and Section 36-64. lenses. ( )2 General provisions: See h.. Surgical, medical, and Article IV. dental instruments and a. Dimensional requirements: supplies. i. Photographic equipment and See Di Trs ton I. D. Tree regulations: See supplies. Division II. J. Electrotherapeutic, c. Performance standards. See electrmied°cal, and x-ray Division III. apparatus. d. Nonconformities: See k. Jewelry, silver, and platedDivision IV. wart. (6) Printing and publishing facili- ties • a- 3-747 a 11 o2 - -------- ----. --- -------------- -- -- -- (gl Special provisions. —_ _ -- } _ ---_ .s ,,,,•i•n..:'..-rsini�"--___ - - I1) In no instance shell an i allowed a maximum building zoned ROP be less than area10 sign area per sign wall equal *samem NM to 151 of the sign wall on �,..r_ '•'s"er ( y.,,now Mi.,www a a. (.,,..w acres. which the sign is to be win.,....., rank~.. a. Iran,Mn+w1 "` ay Sec. 36-56(e) shall be deleted and the located. Nr,.••.a, following inserted in lieu thereof: j PCP Zan' emu m.aw ems (e) In the ORP, I and RDP zones. There 2• individual sign allowances.. •"e le.. may be any accessory use including e- Maxi: .FArea. - i.o-..� but not limited to printing, Maximum Area: 155 of the „r 1..... o.ue o.ow dean I publishing, design, development, sign wall area. I w.e•:a.,i w.dmi m.ttm e.ms fabrication, assemblage, storage and i Maximum Height: None. warehousing, and child care fec 111- b. S�iggn: Monument. 1 w',;,;"'.. ties provided that: sqquare Area: Two. (2) Sec. 36-76(3)(1)a. shall be deleted and (1) Fences are erected in compliance I , square feet per lineal D foot of lot frontage, not the Except followingf inserted in lieu thereof: with Sec. 36-65. to exceed ISO Square a. Except for a use in An ORP or RDP (2) Off-street parking and loading quare feet zone, screeningshall be are provided as required in face75 sq. ft. per sign along lot r sufficient street right-of-way Sections 36-58 and 36-59. in a manner sufficient to effectively (3) Signs are erected incompliance I + Mleetmuem Height: Five (6) ' obscure the commercial or industrial with Sec, 36-60. eget. use from view at ground level within c• Fin: Free-standing thelot lines of aresidential, or ORP (4) A communication tower's distance trop an R zone is at least equal s nam Area: One (1) zone, or wennabutting or located to the height of the tower, square foot per lineal across the streetet from said commercial Sec. 36-58(0)(2lb. shall be deleted and - foot of lot frontage not I or industrial use. the following inserted in lieu thereof: I or exceed 100 square feet b. In I, DRP and RMP zones, the nearest or 50 sq, fE, per sign - -76(y)(1)D. shall be deleted and Int of the ; face. the following inserted in lieu thereof: Wparking area to the Maximum Height: 2g b. In an ORP or ROP zone'here parking is nearest point of the building that the located within 60 feet of an I, ORP or parking area 1s required to serve ' feet. ID zone boundary, screening shall be shall not be.greater than 600 feet. d.. 640n: Window, 1 provided in a location and manner Sec. 36-62(t)(21).1. shall be deleted 1110-: �imum Area:, 25% of the sufficient to effectively obscure all area of the window where ) off-street parking and loadinq the following inserted in lieu thereof: 7 it is mounted. 1. Off-premises signs shall not bel Maximum Height: None. I storage, or other such areas of permitted in residential, CO-1, DN-1,. Sec. 76-65(c)(2) shall be deleted and the activity from view within the lot CB-10, ORP and ROP zones, In the CB-2' following inserted in lieu thereof: schos of the residential zone Or zone, only off-premises facia signs (2) Except for the enclosure of livestock school. shall be allowed. Off-premises signs( ) operations, barbed wire fences shall TION III. REPEALER. All ordinances may be billboard signs or any other, be permitted only in the C. I, ORP or and Darts of ordinances in conflict with type of sign allowed in the zone in' ) ROP zones, provided that the bottom. I the provision of this ordinance are hereby I which the sign is located. I strand of barbed wire shall .not be SECTIOed. I Sec, 36-62(c)(1)e.2. shall be deleted and ; less than six (6) feet above grade. I SectIoN Ivo. SEVoRABILITY. 1t any the following inserted in lieu thereof: Sec, 36-70(a)(2) shall be deleted and the I Section, provision or part of the d or 2. Non-residential uses in the ID-ORDI I fol lowing inserted 1n lieu thereof: 1 mance shall be adjudged to be invalid or zone, other: than ORP'uses, and in. the; (2) In the C, 1, ORP and ROP zones. not affect theel'v such adjudication scat len shall 10-ROP zone, other than RDP uses,' a. Grain elevators. ' not affect validity of the Ordinance shall be required to comply with the D. Radio and television cannunice- as a whole or any section, provision or sign regdlations of the CO-1 and CN-1, .tion towers. - part thereof not adjudged invalid or zones. c. Stacks. SECTIOtitutionel. Sec. 36-62(c)(ya. shall be amended by. d. Storage tanks and water towers, SECTION V. EFFECTIVE DATE. This 1 adding thereto.the following:. Sec. 36-76(aJ(IJ shall be deleted and the I Ordinance shall be in effect. after its 5. PDP uses In an Ip-RDP zone shall be' s following inserted in lieu thereof: final passage,approval and publication as permitted signage in accordance with' required .a law. the requirements of the ROP zone. (1) In all C zones, and in the ,ORP and ember, approved this 17th day of Sec. 36-62(c)(6) shall be deleted and the: y ROP zones, the amiss ion beyondadelot ( December, 85 lines of took. darker in shade plan following inserted in )leu thereof: wrt- (6) 1-1, 1-2, ORP and RDP zone r ula- stacRingk,ani No. 1 fecal any chimney, R tions. stack, vent, opening, or combustion ' r a. Permitted signs. process is proalbited. -'J�l I Sec. 36-7fi(b)art shall be deleted and tbe ATTEST: �i 1. Facia signs, following inserted. in lieu thereof: 2. Only one (I) of the following I '(I) In all C zones, and in the. ORP and 02550 signs: RDP zones, the emission of December ld, 1985 a. Identification monument late matter suspendedDar shal 1 - sign. in air shall r not exceed 0.35 grains (.0 ounces) D. free-stndingn F. standard. cubic foot (70 grany free-standing sign. F, and 14.7 pals) of air during any 3. Window signs, one-hour period or a total from all • vents and stacks of one-half (1/2) b. Provisional signs. pound per hour per acre of lot area - - - - • - 1. When two (2) or more uses are 1 during any one-hour period; m . located on a lot, a common! Sec. 36-76d)(1) shall be deleted. and the monument or free-standingI I following inserted in lieu thereof: sign may be erected. Phil ( (.I) In all C zones, and in the ORP and maximum area of the canon 1 RDPzones, the release beyond lot sign may be 50% larger than( I lines of airborne toxic matter shall the area of the .Maximum" not exceed 1/8th of the Threshold ' individual sign allowed. , 1 Limit. Values, 2. In the I.1 and 1-2 zones, two' Sec. 36-76(e)(1) shall be deleted and the free-standing or ;mnement• , following inserted in lieu thereof: � I signs are permitted provided (I) In all ID and C zones, and in the. CRP that the distancebetween the - and ROP zones, when measured beyond. ' Iwo signs is no less than 150 1 I lot lines at ground level or feet as measured along. the I I habitable elevation, odorous matter frontage of a single lot. I shall not exceed the odor threshold c. Dimensional requirements. , concentration. 1. Osis in this zone shall be ' S c. 36-75(f) shall be deleted and the' following inserted in lieu thereof: (f) Vibration. Earthborne vibrations ' from any opera en or activityshall. not exceed the displacement vai es below. Vibration displacements shall be measured with an instrument capable of simultane- ously measuring in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum displacements' shall be I determined by.the following formula: ' K II • f where 0 • displacement in inches K • a constant given in table below f • the frequency of the vibration • transmitted through the ground in cycles 1 per second. ORDINANCE NO. 85-3268 ORDINANCE AMENDING THE POWERS OF THE HISTORIC PRESERVATION COMMISSION AS SPECIFIED IN THE HISTORIC PRESERVATION ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I . AMENDMENT. That the Iowa City Code of Ordinances Section 27-85 is deleted and the following is inserted in lieu thereof: Section 27-85. Powers of the Commission. (a) The Commission shall be authorized to conduct studies for the identifica- tion and designation of historic districts meeting the definitions established by this article. The Commission may proceed at its own initiative or upon a petition from any person , group or association . (b) The Commission shall make a recommen- dation to the Office of Historic Preservation of the Iowa State Historical Department for the listing of a historical district or site in the National Register of Historic Places and shall conduct a public hearing thereon . (c) The Commission shall review and act upon all applications for Certifi- cates of Appropriateness, pursuant to Section 27-87 . (d) The Commission shall cooperate with property owners and city agencies pursuant to the provisions of Section 27-88. (e) The Commission shall further the efforts of historic preservation in the city by making recommendations to the City Council and city commissions and boards on preservation issues when appropriate, by encouraging the protection and enhancement of structures with historical , architec- tural or cultural value , and by encouraging persons and organizations to become involved in preservation activities . (f) The Commission shall not obligate itself or the City of Iowa City in any financial undertaking unless authorized to do so by the City Council . SECTION II . CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this oridnance to the County Recorder of Johnson County, Iowa, upon final passage of publication as provided by law. SECTION III . REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILI 'Y. 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 a•proved this 17th day of December, 1985/ /1.7 MAYOR ATTEST: ITY CLERK <f c; It was moved by Baker , and seconded by Ambrisco , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: ii__ ____ AMBRISCO ?L— ____ ____ BAKER _2(__ ____ ____ DICKSON ____ ____ ERDAHL XMCDONALD XSTRAIT XZUBER First consideration 11/19/85 Vote for passage: Ayes: Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Second consideration 12/3/85 Vote for passage Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald. Nays: None. Absent: Erdahl. Date published 12/24/85 CITY OF IOWA CITY CHIC 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. 85-3268 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of December , 19 85 Dated at Iowa City, Iowa, this3Oth day of December ,19 85 Ramo a Parrott, Deputy City Clerk • OFFICIAL PUBLICATION ORDINANCE NO. 85•S:o8 ORDINANCE AMENDING THE POWERS OF THE HISTORIC PRESERVATION COMMISSION AS SPECIFIED iN THE HISTORIC PRESERVATION ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That the Iowa City Code of Ordinances Section 27-85 is deleted and the following is inserted in lieu thereof: i? Section 27-85. Powers of the Commission. (a) The Commission shall be authorized to conduct studies for the identifica- tion and designation of historic �J1 ` districts meeting the definitions Printers fee 6.4)(-) established by this article. The Commission may proceed at its own. initiative or upon a petition from CERTIFICATE OF PUBLICATIONany person, group or association. (b) The Commission shall make a recomnen- STATE OF IOWA, Johnson County,ss: dation to the Office of Historic Preservation of the Iowa Stag THE IOWA CITY PRESS-CITIZEN Historical Department for the listing of a historical district or site in the National Register of Historic • • Places and shall conduct a public • hearing thereon. I (c) The Comnissionichall review Certifi- cates Bronwyn S. Van Fosse n. being duly apD upon all cates of Appropriateness, pursuant to sworn, say that I am the cashier of the Section 27-87. (d) The Commission shall cooperate with IOWA CITY PRESS CITIZEN, a news- property owners and city agencies paper published in said county, and that pursuant to the provisions of Section a notice, a printed copy of which is 27-88. hereto attached, was published in said (e) The Commission shall further theefforts of historic preservation in pa er timels), on the fol- the city by making recommendations to l P the City Council and city commissions lowing datelsl: and boards on preservation issues when appropriate, by encouraging the protection and enhancement of structures with historical, architec- / pJ� tural or cultural value, and by. ��� ice?�(L,(�i J encouraging persons and organizations to become involved in preservation Vie ,//. / activities. ,.� / / // (f) The Commission shall not obligate �`�r.� /7Cashier itself or the City of Iowa City in any financial undertaking unless authorized to do so by the City Council. SECTION 11. CERTIFICATION. The City Subscribed and sworn to before me rreT-Frserd directed to certify a copy of this oridnance to the (_��( , County Recorder of Johnson County, Iowa, thlsoCilLkda of -- . A.D. upon final passage of publication as yprovided by law. !g SEIII. REPEALER. All ordinances an CTIONparts o ordinances in conflict with !1 the provision of this ordinance are hereby repealed. SECTION lY. SEVERABILITY. If any�. —- s. � L-� sec on, prov s on or par of the Ordi- nance shall be adjudged to be invalid or Notary Public unconstitutional, such adjudication shall not affect the validity of the Ordinance LO ¢ as a whole or any section, provision or No.f "] t1 d part thereof not adjudged invalid or. unconstitutional. SECTION V. EFFECTIVE DATE. This Ordi- r,,,.-nu,,,r..: nonce shall be in effect after its final r •SHARON STUBBS passage, approval and publication as . c requPase Passed law. and .pproved this 17th day of teccmbcr, 1985. • OP /r ATTEST; 2y'- T LE K 02549 December 24, 1985 • Y ORDINANCE NO. 85-3269 ORDINANCE ESTABLISHING PLANNED DEVELOPMENT HOUSING (ODPH-8) ON 7.44 ACRES FOR MELROSE LAKE APARTMENTS LOCATED ON W00DSIDE DRIVE EXTENDED, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I . APPROVAL. The final PDH plan for Melrose Lake Apartments submitted by T.H. Williams and legally described in Attachment A is hereby approved. SECTION II . VARIATIONS. Variations from the underlying RS-8 zoning approved as part of this PDH plan include multi-family residential units rather than single-family or duplex units ; and a modification of the front yard require- ments from twenty (20) feet to ten ( 10) feet. The overall density remains at five thousand (5,000) square feet per unit as required by the underlying RS-8 zone. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section , 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 ettect atter its final passage, approval and publication as required by law. Passed a d approved this 17th day of December, 1'/85. MAYOR ATTEST: 11J�cu.L.a ) CITY CLERK ? r.tct.,r2 i :` coved sv ATTACHMENT A Legal Description Melrose Lake Apartments Commencing at the Northwest Corner of the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence N87.45'39"W, along the Centerline of Melrose Avenue, 656.58 feet; Thence 51'57'43"E, along the West Line of the East Half (1/2) of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4) , of said Section 16, 662.71 feet to the Point of Beginning; Thence S88.18'58"E, 606.83 feet to the Southwesterly Right-of-Way Line of the Chicago, Rock Island, and Pacific Railroad; Thence 544'55'48"E. along said Railroad Right-of-Way Line, 314.93 feet; Thence S50'51'00"W, 221.97 feet to the Northeast Corner of Lot 5, Lakewood Addition, an addition to the City of Iowa City, Iowa; Thence N86'26'00"W, 141.30 feet; Thence S51'38'00"W, along the Northerly Line of said Lakewood Addition; 75.00 feet; Thence N66'16'00"W, 71.00 feet; Thence S53'12'00"W, 98.80 feet; Thence S53'33'00"W, 168.28 feet; Thence 549'10'00"W, 98.60 feet; Thence 547'09'00"W, 66. 10 feet to the Southwest Corner of Lot 1 of said Lakewood Addition; Thence N87'26'00"W, 32.01 feet; Thence N1'57'43"W, 657.66 feet to the Point of Beginning. Said tract of land contains 7.44 acres ■ore or less and is subject to easements and restrictions of record. It was moved by Strait , and seconded by .Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO 77- BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 10/22/85 Vote for passage: Ayes: Strait, Ambrisco, McDonald, Zuber. Nays: Baker, Dickson, Erdahl. Absent: None Second consideration 11/12/85 Vote for passage Ayes: 'Luber, Ambrisco, McDonald, Strait. Nays: Baker, Dickson. Absent: Erdahl. Date published 12/24/85 Re:.ei:•fci ,a ANA rvea By The Legal Ga, eehnent 401 CITY OF IOWA C TY CIVIC CENTER 410 E. WASHINGTON ST IOWA CI-N, IOWA 52240 (319) 356-5= 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. 85-3269 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December , 19 SS , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21th day of December , 19 35 Dated at Iowa City, Iowa, this3hth day of December ,19 35 CWI t i- Ramo a Parrott, Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 85-3269 ORDINANCE ESTABLISHING PLANNED DEVELOPMENT HOUSING (00PH-8) ON 7.44 ACRES FOR MELROSE LAKE APARTMENTS LOCATED ON WOODSIDE DRIVE EXTENDED. IOWA CITY, IOWA. BE IT.ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. APPROVAL. The final FON plan for Melrose Lake Apartments submitted by T.H. Williams and legally described in • / f) 1 ' Attachment.A is hereby approved. SECTION II. VARIATIONS. Variations from the underlying RS-8 zoning approved as i part of this PDH plan include multi-family residential units rather than single-family or duplex units; and a Printers fee 3,9'b modification of the front yard require- ments from twenty (20) feet to ten (10) CERTIFICATE OF PUBLICATION thousan (5,000)llsquaretfeet�per ins unitias STATE OF IOWA, Johnson ss:Count . required by the underlying RS-8 zone. y SECTION III. REPEALER. All ordinances THE IOWA CITY PRESS-CITIZEN and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordi- I nance shall be adjudged to be invalid or unconstitutional, such adjudication shall Bronwyn S. Van Fossen, being duly not affect the validity of the Ordinance sworn, say that I am the cashier of the as a whole or any section, provision or part thereof not adjudged invalid or IOWA CITY PRESS CITIZEN, a news unconstitutional. paper published in said county, and that SECTION Y. EFFECTIVE DATE. This Ordi- nanceprinted copy seal, be in enaect after its final passage, approval and publication as hereto attached, was published in said required by law. paper time(s), on the fol- Passed and approved this lith day of December, 85. � lowing date(sl: MAYOR /m iCk � //,(1,1 ATTEST: IYiL CITY ER / /14_/14_ V ?� � ...ea.,)) ATTACHMENT A Legal Description Melrose Lake Apts. • Cashier Commencing at the Northwest Corner of the , Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Princi- pal Meridian; Thence N87°45'39"W, along Subscribed and sworn to before me the centerline $f Melrose Avenue, 656.58 feet; Thence SI 57'43'E, along the West Line of the East Half (1/2) of the North- `��J (,�` west Quarter (1/4) of the Northeast Quar- Ch15R ay of iJ�- A.D. ter (1/4) of the Northwest Quarter (1/4), of said Section 16, 662.71feet to the 19!I Point of Beginning; Thence S88°18'58"E, 606.83 feet to the Southwesterly Right- of-Way Line of the Chicago, Rock Island, Z. - and Pacific Railroad; Thence 544'55'48'E,ine, `��� �^ along saide Railroad 50 51'00 W, 21.9, 314.93 feet; Thence 550 51'00"W, 221.97 Notary Public feet to the Northeast Corner of Lot 5, Lakewood Addition, an addition to the City N O/ I S ! 'T'(::) of Iowa City, Iowa; Thence N86°26'00"W, 141.30 feet; Thence 551°38'00"W, along the Northerly Line of said Lakewood Addition; 75.00 feet; Thence N66°16'00"W, 71.00 feet; Thence 553'12'00'W, 98.80 feet; �� fr SHARON Thence 553°33'00"W, 168.26 feet; Thence o STUBS Spy°10'QOW, 98.60 feet; Thence 547°09'00"W, 66.10 feet to the Southwest !1 -Corner of Lot 1 of said Lakewood Addition; Thence N87 26'00"W, 32.01 feet; Thence / i N1°57'43"W, 657.66 feet to the Point of Beginning. Said tract of land contains 7.44 acres more or less and is subject tp. easements and restrictions of record. 02548 December 24, 1985 ORDINANCE NO. 85-3270 AN ORDINANCE AMENDING SECTION 23-255 OF THE CITY CODE TO INCREASE THE FINE FOR CERTAIN PARKING VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I . PURPOSE. The purpose of this amendment is to increase the fine for overtime parking and for violation of the one-hour restricted parking in the Civic Center lot from two dollars to three dollars . SECTION II . AMENDMENT. Subsections (b) and (c) of Section 23-255 of the Code of Ordinances of the City of Iowa City, Iowa are hereby repealed and substituted in their place are the following new subsec- tions (b) and (c) of Section 23-255: (b) All fines for overtime parking in violation of division 3 of this article shall be three dollars ($3.00) . (c) All fines for violation of the one-hour restricted zone in the civic center lot shall be three dollars ($3.00) . 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 17th day of December, 1985. MAYOR ATTEST: Nta,,..< ,c,„) ". - !-t,t) CITY CLERK errs., Z ^.r.ar t.3e Ey The .o.pi Dr. szrinigeti' �1i f3J85 1/f It was moved by Strait , and seconded by .Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER DICKSON ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 11/19/85 Vote for passage: Baker, Dickson, Erdahl, Strait, Zuber, Ambrisco. Nays: McDonald. Second consideration 12/3/85 Vote for passage Ayes: Dickson, Strait, Zuber, Ambrisco, Baker. Nays: McDonald. Absent: Erdahl. Date published 12/24/85 2/n CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5Q 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. 85-3270 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of December , 1985 Dated at Iowa City, Iowa, this 30th day of December ,19 85 („3/nti_y amoParrott, Deputy City Clerk I :1 ; OFFICIAL PUBLICATION Printers fee S I. ORDINANCE NO. 85-3270 • AN ORDINANCE AMENDING SECTION 23-255 OF CERTIFICATE OF PUBLICATION THE CITY CODE TO INCREASE THE FINE FOR STATE OF IOWA, Johnson County.ss: CERTAIN PARKING VIOLATIONS. THE IOWA CITY PRESS-CITIZEN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CiTY, IOWA, THAT: SECTION 1. PURPOSE. The purpose of this , amendment is to increase the fine for I overtime parking and for violation of the one-hour restricted parking in the Civic Bronwyn S. Van Fossen, being duly Center lot from two dollars to three sworn, say that I am the cashier of the dollars. SECTION II. AMENDMENT. Subsections (b) IOWA CITY PRESS-CITIZEN. a news- and (c) of Section 23-255 of the Code of paper published in said county, and that Ordinances of the City of Iowa City, Iowa are hereby repealed and substituted 'n a notice. a printed copy of which is their place are the following new subsec- hereto attached, was published in said tions (b) and (c) of Section 23-255: i (b) All fines for overtime parking in paper timeis). on the fol- violation of division 3 of this lowing dateis): article shall be three dollars (53.00). (c) All fines for violation of the one-hour restricted zone in the civic dte.67,-/L,t,/,,,,,* center lot shall be three' dollars /' /moi SECTiO$1IIOI). REPEALER: All ordinances / and parts of ordinances in conflict with //, /.7 //h�z / the provision of this ordinance are hereby 1C�'—�iaL •cf 'v repealed. . Cashier SECTION IV. SEVERABILiTY: if any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall • Subscribed and sworn to before me not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or e))funconstitutional. thisoc. -"day of c-- A.D. SECTION V. EFFECTIYE DATE: This Ordi- nance shall be in effect after its final c-1,---.. passage, approval and publication as 19sregL.ired by law. 1 -Passed and approved this 17th day of %.--OcroH„____,.. --.1,.....,\ ' ;:---(L..._1,4)—LI) December, 1985, Notary Public /• ✓i ATTEST: ..1.144,01..1.144,01.-",a -", LE,tK , No. /I{��/�U C • ITY:25;7 December 24. 1985 u SHARON STUBBS 1....4 ,‘,1 ORDINANCE NO. 85-3271 AN ORDINANCE ESTABLISHING A SPECIAL ELEVATION AND GRADE FOR CERTAIN SIDEWALKS IN IOWA CITY, IOWA. WHEREAS, Section 31-97 of the Code of Ordinances of the City of Iowa City, Iowa, provides that the height of grade of streets , avenues and alleys above the datum plane referred to in Section 31-8 shall be set forth by ordinance, and WHEREAS, the plans and specifications for the Sidewalk Assessment Project -FY86 provide for a special grade for the sidewalks included within said Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The elevation and grade of all sidewalks included in the Sidewalk Assessment Project - FY86, are hereby established as shown in the Sidewalk Assessment Project FY86 as constructed plans and specifications on file in the City Clerk ' s Office. SECTION I . REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION II. SEVERABILITY: If any section, provision or part of the 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 III . EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and asproved this 17th day of December, 1981 '� •12 / MAYOR ATTEST: • CITY CLERK It was moved by Erdahl , and seconded by Strait that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 12/3/85 Vote for passage: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson. Nays: None. Absent: Erdahl. Second consideration Vote for passage Date published 12/24/85 Moved by Erdahl, seconded by Strait, 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: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. 4/ CITY OF IOWA CITY CMC 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. 85-3271 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December , 19 85 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of December , 1985 Dated at Iowa City, Iowa, this 30th day of December ,19 85 . g-kft-x.c,/ L.42-140-W 'am. a Parrott, Deputy City Clerk 1 I CIL/ Printers fee$ 11 CERTIFICATE OF PUBLICATIONOFFICIAL PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS-CITIZEN ORDINANCE NO. 85-3271 AN ORDINANCE ESTABLISHING A SPECIAL ELEVATION AND GRADE FOR CERTAIN SIDEWALKS ' IN IOWA CITY, IOWA. I, WHEREAS, Section 31-91 of the Code af Ordinances of the,City of Iowa City, Iowa, of Bronwyn S. Van FOSsen, being duly r WHERE that the height of g sworn, say that I am the cashier of the provides treets, avenues and alleys above the IOWA CITY PRESS-CITIZEN. a news- datum plane referred to in Section 3the shall be set forth by ordinance, and 1-8 paper published in said county, and that WHEREAS, the plans and specifications a notice, a printed copy of which is E^r the Sidewalk plans and cifics ioct ns hereto attached. was published in said provide for a special grade e Vdewalks included within said Project. paper timelsl. On the f01 ' NOW, THEREFORE, BE IT ORDAINED BY THE lowingdatelSl: CITY COUNCIL OF IOWA CITY, IOWA, THAT: The elevation andin gradehe Sidewalk of all sidewalks included - FY86, are hereby, Assessment Project in the Sidewalk Ar-P-49r � 4stablished as shown/� >t / � / �S Assessment Project FY86 as constructed lCIU7J plans and specifications on file in the i7 / City Clerk's Office. / ityECTONCl I. REPEALER: All ordinances and 1 �� / x �'�� 1.pars o or lnances in conflict with the 2'��� / SSS Cashier provision of this ordinance are hereby repealed. SEVERABILITY: If any SECTION II. the sec on, ion or Dato Dbe invalidor . nance shall be be adjudged Subscribed and sworn to before me not affectitheladjudication validityofdthetOrdinance as a whole or any section, provision or this�� ay of N.) E� , A.D. part thereof not adjudged invalid or unconstitutional. EFFECTIVE DATE: This SECTION TIi' n e ec after its r nonce s a a roval and publication as 19L1. `n/ final passage, DD "s"--'---C.-- - C J required by law. Passed and .proved this 17th day of �.. ' December, la! Notary Public / H ;R No. I ��1 O 0 ATTEST: h .: •, l . .- r.. O„ tiy, 1Ca5 PM a.r,.4 SHARON STUBBS A . ORDINANCE NO. 85-3272 AN ORDINANCE ESTABLISHING A SPECIAL ELEVATION AND GRADE FOR CERTAIN ALLEYS IN IOWA CITY, IOWA. WHEREAS, Section 31-9 of the Code of Ordinances of the City of Iowa City, Iowa , provides that the height of grade of streets , avenues and alleys above the datum plane referred to in Section 31-8 shall be set forth by ordinance, and WHEREAS, the plans and specifications for the FY86 Alley Paving Assessment Project provide for a special grade for the alleys included within said Project . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The elevation and grade of all alleys included in the FY86 Alley Paving Assessment Project, are hereby established as shown in the FY86 Alley Paving Assessment Project plans and specifica- tions on file in the City Clerk's Office. SECTION I . REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed . SECTION II . SEVERABILITY: If any section , provision or part of the 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 III . 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 December, 1985. - �.. / , riz ATTEST: h .4, CITY CLERK It was moved by Erdahl = and seconded by Strait that the Ordinance as read be adopted and upon roll calT there were: AYES: NAYS: ABSENT: AMBRISCO BAKER X DICKSON EROAHL X MCDONALD X STRAIT X ZUBER First consideration 12/3/85 Vote for passage: Ayes: Strait, Zuber, Ambrisco, Baker, Dickson, McDonald. Nays: None. Absent: Erdahl. Second consideration Vote for passage Date published 12/24/85 Moved by Erdahl, seconded by Zuber, 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: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. CITY OF IOWA CITY CMC 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. 85-3272 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of I1ccembe , 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 December , 19 85 Dated at Iowa City, Iowa, this3Oth day of December 0985 Lea."2“,a< Rama a Parrott, Deputy City Clerk 4 I L'4 Printers fee$ i ; — OFFICIAL PUBLICATION ORDINANCE NO. 85-3272 CERTIFICATE OF PUBLICATION AN ORDINANCE ESTABLISHING A SPECIAL STATE OF IOWA, Johnson Count ss: ELEVATION AND GRADE FOR CERTAIN ALLEYS IN y• IOWA CiTY, IOWA. THE IOWA CITY PRESS-CITIZEN WHEREAS, Section 31-9 of the Code of Ordinances of the City of Iowa City, love. ' . provides that the height of grade of , streets, avenues and alleys above the I, datum plane referred to in Section 31-8 shall be set forth by ordinance, and Bronwyn S. Van Fossen. being duly WHEREAS, the plans and specifications sworn, say that I am the cashier of the for the FY86 Alley Paving Assessment Project provide for a special grade for IOWA CITY PRESS-CITIZEN, a news- the alleys included within said Project. published in said county, and that NOW, THEREFORE, BE iT ORDAINED BY THE paper CITY COUNCIL OF IOWA CiTY, IOWA, THAT: a notice, a printed copy of which is The elevation and grade of all alleys hereto attached, was published in said included in the FY86 Alley Paving Assessment Project, are hereby established paper timelsl, on the fol- as shown in the FY86 Alley Paving lowing datelsl: Assessment Project plans and specifica- tions on file in the City Clerk's Office. SECTION I. REPEALER: All ordinances and parts of ordinances in conflict with the / �-CO / / (g provision of this ordinance are hereby t/!Y/�,� /tip/,G,1/O1/T(/ J repealed. SECTION II. SEVERABILITY: If any section, provision or part of the Ordi- ,� 1/ nance shall be adjudged to be invalid or • ,. / c unconstitutional, such adjudication shall • Cashier not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IIi. EFFECTIVE DATE: This Subscribed and sworn to before me Ordinance shall be in effect after its • final passage, approval and publication as p� required by law. r.hiso� a of ].1�— • A.D. Passed and approved this 17th day of )' December, 1985./ a e0 19 gc- () �-�1--�1�r� V-�+.-c0 ATTEST: h . .. L •K Notary Public 02545 December 24,1985 No.%(5-1`3G SHARON STUBBS ORDINANCE NO. 85-32"3 AN ORDINANCE TO AMEND THE CITY CHARTER TO ALLOW ELIGIBLE ELECTORS TO SIGN COUNCIL NOMINATING PETITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. This ordinance, amending Section 2.01 of the Iowa City Charter, will allow unregistered but otherwise qualified persons to sign nominating petitions of City Council candidates. SECTION II. AMENDMENT. Section 2.01 of the City Charter of Iowa City is hereby repealed, and the following is adopted in lieu thereof: 2.01 Composition. The City Council consists of seven members. As provided in Article III , four, to be known as Council members at large, are to be nominated by eligible electors of the City at large, and three, to be known as district Council members, are to be nominated by eligible electors of their respective districts. All Council members shall be elected by the qualified electors of the City at large. SECTION III. REPEALER: All Charter provisions , ordinances or parts of ordinances in conflict with the provisions 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 Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and a..•roved this 17th day of December, 1985/ /,, l�/ MAYOR ATTEST: ,..._:,.. .• i,. CITY CLE'K n.:••._;.<:.4 e. ik.i:7roved r, ~ .. - _. ' "'i'eto 51 ____17446______141V.I.C: !/ /1/ It was moved by Erdahl and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER - X DICKSON EROAHL MCDONALD X STRAIT X ZUBER First consideration 12/3/85 Vote for passage: Ayes: Baker, Dickson, McDonald, Strait, Zuber, Ambrisco. Nays: None. Absent: Erdahl. Second consideration Vote for passage Date published 12/24/85 Moved by Erdahl, seconded by Strait, 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, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl. Nays: None. CITY OF IOWA CITY CMC 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. 85-3273 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1-th day of December , 19 S:; , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of December , 19 85 • Dated at Iowa City, Iowa, this 30thday of December ,19S:, •a • a Parrott, Deputy City Clerk I2 J• T— OFFICIAL PUBLICATION —� Printers fee SJR . ORDINANCE NO. 85-3273 CERTIFICATE OF PUBLICATION AN ORDINANCE TO AMEND THE CITY CHARTER TO ' ALLOW ELIGIBLE ELECTORS TO SIGN COUNCIL STATE OF IOWA, Johnson County,ss: NOMINATING PETITIONS. THE IOWA CITY PRESS-CITIZEN BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: . SECTION I. PURPOSE. This ordinance, amending Section 2.01 of the Iowa City ' Charter, will allow unregistered but 1, . otherwise qualified persons to sign ' Bronwyn S. Van Fossen, beingduly nominating petitions of City CouncilY candidates. sworn" say that I am the cashier of the SECTION II. AMENDMENT. Section 2.01 IOWA CITY PRESS-CITIZEN, a news- of the City Charter of Iowa City is hereby repealed, and the following is adopted in paper published in said county, and that lieu 1 Composition. thereosf: a notice, a printed copy of which is The opCity ot Council consists of seven hereto attached, was published in said members. As provided in Article III, paper / time(s), on the fol- four, to be known as Council members at large, are to be nominated by eligible lowing date(s): electors of the City at large, and three, to be known as district Council members, are to be nominated by eligible electors �/)� J of their respective districts. All ,r(.�"C�e �L +F lip?' qualiii members shall. elected the Qualified electors of the Cat large.Chatt p SECTION III. REPEALER: All Charter provisions, ordinances or parts of,1—, tri 2 (/ ordinances in conflict with the provisions ( of this ordinance are hereby repealed. Cashier SECTION IV. .SEVERABILITY: If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall Subscribed and sworn to before me not affect the validity of the Ordinance as a whole or any section, provision or �n part thereof not adjudged invalid or this LLday Of -S�. A.D. unconstitutional. SECTION al EFFECTIVE DATE: This Ordinance shall be in effect after its (f final passage, approval and publication as 19 (j 5• required by law. f���--- n Passed and ap.roved this 17th day of \J-t- December, 1985.1 ,/ 9 ' Notary Public NO.(/5 O O ATTEST: 4. ._ - . __ i 02541 December 24,1905 pSHARON STUBBS 'Ll0„: