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HomeMy WebLinkAbout1984 Ordinance BookORDINANCE BOOK 23 3164 - 5180 PAGE ORD # TITLE DATE 1-4 3164 Ord. Adopting 1982 Edition of Uniform 1/3/84 Fire Code w/certain amendments 5-13 3165 Ord. Amending Chapter 8, Article III, Mechanical Code by Adopting 1982 Edition of Uniform Mechanical Code w/ certain amendments 14-26 3166 Ord. Amending Chapter 8, Article IV, Plumbing Code, by Adopting 1982 Edition of Uniform Plumbing Code w/certain amendments 27-29 3167 Ord. Amending Chapter 8, Article II, Abatement of Dangerous Bldgs. Code by Adopting Uniform Code 1982 Edition, as edited by Internatl. Conf. of Bldg. Officials w/certain amendments and provide for enforcement and penalties for violation thereof 30-35 3168 Ord. Amending Section 23-189 of Code of I.C. to 1/17/84 Change Speed Limits on Parts of Sycamore Street 36-37 3169 Ord. Amending Chapter 18 of Code of I.C. by Adding Thereto New Section 18-44(h) Providing for Judicial Review of Actions of Human Rights Comm. 38-40 3170 Ord. Amending Chapter 17 of Code of I.C. by Redefining Rooming House 41-S7 3171 Ord. Adopting 1982 Edition of Uniform Bldg. Code as Amended-I.C. Building Code 1/31/84 S8-77 3172 Ord. Regulating Indirect Discharge to Municipal 2/14,84 Wastewater System for Certain Non -Domestic Users and Through Enforcement of General Requirements for Other Users and Providing Enformment thereof 78-81 3173 Ord. Establishing S. Summit St. Area as I.C. 2/28/8, Historic Preservation District, said District shall Constitute Overlay Zone of Zoning Ord. 82-85 3174 Ord. Establishing Woodlawn Ave. Area as I.C. Historic Preservation District, said District shall constitute Overlay Zone of Zoning Ord. 86-93 3175 Ord. Amending Chapter 31 to Provide that Signs on Public Property be licensed and for elimination of such signs by June 30, 2003 94-96 3176 Ord. Amending Final Planned Dev. Housing Plan 3/13/84 for Orchard Court, Lots 7 & 8 97-99 3177 Ord. Vacating Public Hwy. Easement along Mormon 3/27/84 Trek Realigned 100-108 3178 Ord. amending Chapter 10.35 of Code of Ord, to include Land Annexed since 1981 in I.C. Precincts 109-112 3179 Ord. Amending PDH Plan of Resubdivided Lot 62, 4/11/84 MacBride Add., Part 2 (S-8405) 113-114 3180 Ord. to Rezone Certain Property located 4/24/84 at 30 N. Clinton St. from P to RM -145 ORDINANCE BOOK BOOK 23 3181 - 3a01 Page Ord. # Title Date 115-116 3181 Ord. Amending Zoning Ord. by Changing Use 5/8/84 Regulations of Property located at 524 N. Johnson St. from P to RM -12 117-118 3182 Ord. Amending Zoning Ord. to Revise Off - Street Parking Requirement Design Standards 119-120 3183 Ord. Amending Chapter 17 of Code of Ord. by Creating Exception to Minimum Bedroom Size in Two Bedroom Mobile Homes 121-123 3184 Ord. Approving Final Planned Development Plan 5/22/84 of Hunter's Run Subd., Parts 2 $ 3 124-148 3185 Ord. Amending Chapter 18 of I.C. CodeDf Ord. (Human Rights) 149-151 3186 Ord. Amending Zoning Ord. to Allow Schools- 6/5/84 Specialized Private Instruction in RM -12 Zone 152-155 3187 Ord. to Amend Provisions of Chapter 8, Article Ord. Amending Section 23-72(b) of City Code re 7/31/84 II re Draft Stops, $ to Allow Permanent Impoundment of Bicycles Coverings Over Public Walkways 1S6 -1S8 3188 Ord. to Rezone 3.S2 Acres E of First Ave. 6/19/84 Extended from ID -RS to RS -5 1S9-160 3189 Ord. to Change Name of Sandusky Ave. in tion re Manufactured Housing 191-198 Pepperwood Add., Parts 4-7, to Sandusky Dr. 3197 161-167 3190 Ord. Amending Section 23-189 of Municipal Code of Zoning Ord. to Change Speed Limits on Parts of Sycamore 199-201 3198 Street 168-172 3191 Ord. Amending Zoning Ord. to Revise Off -Street 7/3/84 Parking Requirement Design Standards 173-179 3192 Ord. Amending Section 23-189 of Code to Reduce Speed Limit on Rohret Road 180-181 3193 Ord. Amending Section 31-2 of'Code - roller skating F, skate boarding prohibited 182-183 3194 Ord. Vacating Portion of the Melrose Ave. R -O -W 7/17/84 184-185 3195 Ord. Amending Section 23-72(b) of City Code re 7/31/84 Impoundment of Bicycles 186-190 3196 Ord. Amending Zoning Ord. to Bring I.C. Mun. 8/14/84 Code into Compliance w/Recent State Legisla- tion re Manufactured Housing 191-198 3197 Ord. to Amend Tree Regulations, Section 36-72 8/28/84 of Zoning Ord. 199-201 3198 Ord. to Amend Off -Street Parking Requirements to include Provisions for Traffic Islands 202-203 3199 Ord. to Amend Definition Section of Zoning Ord. to Include Definition of Planting Area 204-206 3200 Ord. Amending Section 35-33 of Code of Ord. re Mechanical Inspections of Taxicabs 207-209 3201 Ord. Amending Zoning Ord. by Changing Use 9/11/84 Regulations of Certain Property Located at 624 S. Gilbert Street I ORDINANCE BOOK BOOK 24 3207-3219 PAGE ORD. # TITLE DATE 231-233 84-3207 Ord. to Amend Screening Requirements for Off- 10/9/84 Street Parking 234-236 84-3208 Ord. to Amend the Zoning Ordinance to Extend 11/6/84 the Grace Period for Compliance with Roomers Provision to December 31, 1984 237-239 84-3209 Ord. to Amend Sign Regulations of the CB -2 Zone 240-243 84-3210 Ord. Vacating a portion of the Mormon Trek Boulevard Right -Of -Way on the North side of Mormon Trek Blvd. 244-259 84-3211 Ord. adopting zoning regulations for prevention of hazards and incompatible uses surrounding Airport. 260-261 84-3212 Ord. Amending Section 18-32(b)(2) of Human Rights Chapter 262-264 84-3213 Ord. Amending Sections S -6(a) and 5-6(d) of Code of Ordinances, dance floors 12/4/84 265-266 84-3214 Ord. Amending Zoning Ord. re 1220 & 1228 Third Avenue 267-269 84-3215 Ord. Amending Zoning Ord. re 6.3 Acres South of Hwy. 1 West & North of IC Airport From I-1 to CI -1 270-272 84-3216 Ord. Amending Chpt. 9.1-2 re City Plaza 273-274 84-3217 Ord. Vacating Portion of Grove Street ROW West 12/18/84 of Ferson Avenue. 27S-279 84-3218 Ord. Amending Chapter 14, Article IV, Division 2 ('Broadband Telecommunications Franchise Enabling Ordinance"). 280-281 84-3219 Ord. Correcting Ordinance #83-3144 Vacating A Forty Foot Portion of Alley ROW in Block 9 of County Seat Addition, Running North-South between Harrison and Prentiss Streets. ORDINANCE BOOK BOOK 23 3202-3206 PAGE ORD. # TITLE PAGE 210-212 84-3202 Ord. Amending Section 36-88 of Zoning Ord., to 9/25/84 Bring Procedures therein in Compliance w/ Recent State Legislation Amending Chapter 414 of Iowa Code V 213- 84-3203 Ord. Amending Zoning Ord., Flood Hazard Overlay Zones, to Provide for Adoption of Prel. Revised Flood Maps & Flood Ins. Study 217-225 84-3204 Ord. Establishing Historic Preservation Comm. for I.C. $ Providing for Establishment of Historic Preservation Districts, and Defining Powers $ Duties in Association Therewith 226-227 84-320S Ord. Amending Zoning Ord. Re: Dwelling Units as Provisional Use in CB -2 zone 228-230 84-3206 Ord. Amending Sections 25-60(c), 25-61, $ 2S -64(c) of Code of Ord. --Sr. Center By-laws ORDINANCE NO. 84-3164 AN ORDINANCE ADOPTING THE 1982 EDITION OF THE UNIFORM FIRE -CODE WITH CERTAIN AMENDMENTS. SECTION I. PURPOSE. The purpose of this ordinance is to repeal certain sections of the Iowa City Fire Prevention and Protec- tion Code and to adopt the 1982 Edition of the Uniform Fire Code with certain amendments which will then become part of the Iowa City Fire Prevention Code. SECTION II. AMENDMENT. The following sections of Chapter 2 of the Code of Ordinances of the City of Iowa City, Iowa, are hereby amended as follows: 1. Section 12-16 of the Code of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new section 12-16: Section 12-16 Adopted Subject to the following amendments, the 1982 Edition of the Uniform Fire Code is hereby adopted. 2. Section 12-18 of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new Section 12-18. Section 12-18 Storage zones for explosives and blasting agents. In accordance with provisions of Section 77.106 the storage of explo- sives and blasting agents is limited to I-2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. 3. Section 12-19 of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new section 12-19. Section 12-19. Storage zones for flammable and combustible liquids in outside aboveground tanks. In accordance with the provisions of Section 79.501 the storage of Class I and Class II liquids in outside abovegr6und tanks is limited to I-2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. Section 12-20 of the Code of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new Section 12-20. Ordinance No. 84--_-1 Page 2 Section 12-20. Storage zones for liquified petroleum gas. In accordance with provisions of Section 82.105 bulk storage of liquified petroleum gas exceeding 2000 gallons water capacity is limited to I-2 zones. as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. 5. Section 12-21 of the Code of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new section 12-21-. Section 12-21. Amendments to specific Uniform Fire Code sections. Section 25.118(b)(4) is hereby amended to read as follows: (4) Candles held in persons' hands will be allowed. Battery-operated simulated candles are available and are recommended as being safer than real candles. No permit is required for battery-operated candles or other electric candles. Section 79.201 is hereby amended to read as follows: Section 79.201(a) Scope. This division shall apply to the storage of flammable and combustible liquids in drums or other containers not exceed- ing 60 -gallon individual capacity and the storage of portable tanks not exceeding 300 gallons individual capacity. For the purpose of this article, flammable aerosols and unstable liquids shall be treated as Class 1-A liquids. Section 11.208 is hereby amended to read as follows: (a) For permits to operate a parade float, see Section 4.101. (b) Delete. (c) All motorized apparatus shall be provided with an approved portable fire extinguisher of at least 2-A, 10 -B -C rating readily accessible to the operator. Ordinance No. 84- --- 1 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 a in 577-e-7-57ter its final passage, approval and publication as required by law. Passed 1984. ATTEST: Received & Apprev0d By The Legal Department i 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 �- —_ DICKSON ERDAHL �— MCDONALD T- STRAIT -� ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published 1/11/84 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 be voted upon for final passage at this time. Ayes: McDonald, Ambrisco, Baker, Dickson, Erdahl, Strait, Zuber. Nays: None. aft CITY OF CIVIC CENTER 410 E, WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) t OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3164 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of January , 1984 , all as the same appears of record in my office and published Tin the Iowa City Press -Citizen on the 11th day of January , 1984 Dated at Iowa City, Iowa, this 31stday of January ,19 84 Ramjpna Parrott, Deputy City Clerk aa ry% Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN I. Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA.CITY PRESS -CITIZEN, a news- paper published in said county. and that a notice, a printed copy of which is hereto attached, was published in said paper Mne,,A-ltimeisl, on the fol- low' datelsl: Cashier rSubs�crib4ed sworn to before me of. A.D. Notary Public No.1�b F' OFFICIAL PUBLICATION _ORDINANCE NO. 84-1164 AN ORDINANCE ADOPTING THE 1982 EDITION OF '. THE UNIFORM FIRE .CODE WITH CERTAIN AMENDMENTS. SECTION 1. PURPOSE. The purpose of this or nonce s o repeal certain sections of the Iowa City Fire Prevention and Protec- tion Code and to adopt the 1982 Editionof the Uniform Fire Code with certain amendments which will then become part of the Iowa City Fire Prevention Code. SECTION I1. AMENDMENT. The fallowing . sec tons' o ap er of the Code of Ordinances Of the City of Iowa City. Iowa, are hereby amended as follows: 1. Section 1Z-16 of the Code of the City of Iowa 'City, Iowa, is hereby repealed and substituted in its place is the new section 12-16:. Section 12-16 adapted Subject to the following amendments, the 1982 Edition gf,the Uniform. Fire Codd is hereby adopted. '2. Section 12-18 of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new Section 12-18. Section 12-18 Storage zones for explosives and blasting agents. In accordance with provisions of Section 77.106 the storage of explo- sives and blasting agents is limited to h2 zones, as established by Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. 3. Section 12-19 of the Code of Ordi- nancesof the City of Iowa City, Iowa, is hereby repealed and substituted in its place Is the new section 12-19. Section 12-19. Storage zones for flammable and combustible liquids in outside aboveground tanks. In accordance with the provisions of Section 79.501 the storage of Class I and Class It liquids in outside i aboveground tanks is limited to 1-2 zones, as established by Chapter 36 of the Code of Ordinances of the Ctty of Iowa city, Iowa. 4. Section 12-20 of .the Code of the City Of Iowa iiuttted In is its hereby placeI repealed a andIs the new Section 12-20. Section 12-20. Storage zones for liquified .petrol eum gas. In accordance with provisions of Section 82.105 bulk storage of liquified petroleum gas exceeding 2000 gallons water capacity is limited to I-2zones. as established by Chapter 36 of the Code of Ordinances of the City of [owe City, Iowa. 5. Section 12-21 of the Code of the City Of Iowa city, Iowa, is hereby repealed and substituted in its place is the new section 12-21. - Section 12-21. Amendments to specific Uniform Fire Code sections. Section 25.118(b)(4) is hereby amen0* to read as follows: (4) Candles held in Pers r will be allowed. Bat are recommended candles are are recommended as real candles. No = , for battery -open electric candll- read as Sgs / vox c c$c „ ou. VONOH 91611- -IEC 'UM3 261--AEC'UM3 AJOA 1193 '871]019 nPib s a'..r' pollo o jaced}A9A81 uOI , - ORDINANCE NO. 84-3165 •'oIr kN c" lain 6••• • '� M �' 1360 • •• • N • 1 :1 �• •' • •' I16: ••t • Id U IS ' :1:1' • BE IT xNn= BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. the purpose of is ordinance is to adopt the 1982 Edition of the Uniform Mechanical Code as prepared and edited by the International Conference of Building Officials; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and for the penalties for the violation thereof. SECTION II. ADOPTICN. Subject to the following an�ts, the 1982 Edition of the Uniform Mechanical Code is hereby adopted. Said Code shall be known as the Iowa City Mechanical Code, or the Mechanical Code. SECTION III. AMENUME M. The 1982 Uniform Mechanical Code is amended as follows: Section 201(d) is amended to read as follows: Sec. 201(d) Stopping Work. Whenever in the opinion of the Building Official, by reason of defective or illegal work in violation of a provision or requirement of this ordinance, the continuance of a building operation is contrary to public welfare, he/she may order, either orally or in writing, all further work to be stopped and may require suspension of work until the condition in violation has been remedied. Section 203 is amended to read as follows: Sec. 203 Board of Appeals. Any person affected by any action, interpretation or notice issued by the Building Official with respect to the Uniform Mechani- Ordinance No. 84-3165 Page 2 cal Cade may appeal the decision of the Building Official to the Board of Appeals. Such appeal shall be in accordance with the procedures set forth in the Iowa City Administrative Code. Section 204 is amended to read as follows: VIOLATIONS. Sec. 204(a) Notices. Whenever the building Official is satisfied that a building or structure or any work in connection therewith, the erection, construction, altera- tion, execution, or repair of which is regulated, permitted, or forbidden by this ordinance is being directed, constructed, altered, or repaired in viola- tion of the provision or re- quirements of this ordinance or in violation of a detailed statement or of a plan submitted and approved thereunder or of a permit or certificate issued thereunder, he/she may serve a written order or notice upon the person responsible therefore directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this ordinance. In case such notice or order is not promptly complied with, the Building Official may request the City Attorney to institute an appropriate action or proceeding at law or in equity to restrain, collect, or remove such violation or the execution of work thereon or to restrain or correct the erection or alteration of or to require the removal of or to prevent the occupation or use of the building or structure erected, constructed, or altered in violation of or not in compli- ance with the provisions of this ordinance or with respect to which the requirements thereof or of any order or direction Ordinance No. 84-3165 Page 3 made pursuant to provisions contained therein, shall not have been complied with. (b) Penalties. A person who shall violate a provision of this ordinance or fail to comply therewith or with any of the requirements thereof or who shall erect, construct, alter, or repair or have erected, con- structed, altered, or repaired a building or structure in violation of a detailed statement or plan submitted and approved thereunder shall be guilty of a misdemeanor punishable by a fine not exceeding $100 or imprisonment not exceeding 30 days. The owner of a building, structure, or premises where anything in violation of this ordinance shall be placed or shall exist and an architect, builder, contractor, agent, person or corporation employed in connection therewith, or any who may have assisted in the commission of such viola- tion shall be guilty of a separate offense. (c) Abatement. The imposition of penalties herein prescribed shall not preclude the City Attorney from instituting appropri- ate action or proceeding to prevent an unlawful erection, construction, re- construction, alteration, repair, conversion, maintenance, or to re- strain, correct, or abate a violation or to prevent the occupancy of a building, structure, or premises. 7 i Ordinance No, 84-3165 Page 4 Section 304(a) is amended to read - as follows: Sec. 304(a) Permit Fees. A fee for each permit shall be paid to the Building Official as established by resolution of Council. Where work for which a permit is required by this code is started prior to obtaining a permit, the fee specified in this code shall be doubled. The payment of a doubled fee shall not relieve persons from fully complying with the requirements of this code in the execution of their work nor from any other penalties prescribed herein. Section 305(f) is amended to read as follows: (f) Reinspection. A reinspec- tion fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections have not been made. This provision is not to be interpreted as requiring inspection fees the first time a job is rejected for failure to comply with the require- ments of this code, but as controlling the practice of calling for inspections before the job is suffi- ciently completed to enable inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspect or, for failure to provide access on the date for which inspection is requested or for deviating from plan requiring the approval of the Building Official. E5 Ordinance No. 84-3165 Page 5 in instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Section 508 is amended to read as follows: IA=ON. Sec. 508. Appliances installed in garages, warehouses or other areas where they may be subject to mechanical damage shall be suitably guarded against such damage by being installed behind protective barriers or by being elevated or located out of the normal path of vehicles. Heating and cooling equipment located in a garage and which generates a glow, spark or flame capable of igniting flammable vapors shall be installed with the pilots and burners or heating elements and switches at least 48 inches above floor level. Where such appliances installed within a garage are enclosed in a separate, approved �vmpartmeat, having access only from outside of the garage, such appliances may be installed at floor level provided the required combustion air is taken from° and discharged to the exterior of the garage. Heating equipment located in roans where cellulose nitrate plastic is stored or processed shall comply with the Fire Code. Section 601(b)3. is amended to read as follows: 3. insufficient volume -gas and liquid. Except as otherwise provided for in this chapter, roans or spaces that do not have the volume as specified in subsection (b) of this section in which a gas or liquid fuel -burning appliance or appliances are installed shall be provided 9 Aft Ordinance No. 84-3165 Page 6 with a minimum unobstructed combustion air opening equal to that set forth in Section 607 and as specified in Sections 602 and 603 of this code. Section 913(b)6. is amended to read as follows: 6. The vent or chimney con- nector shall enter the chimney not less than 24 inches from the bottom of the chimney. The chimney shall be provided with a cleanout. If 24 inches are not available, a cleanout shall be provided by installing a capped tee in the vent connector next to the chimney. Unlined chimneys with more than one side exposed to' the outside shall be lined with an approved liner unless otherwise approved by the Building Official. When inspection reveals that an existing chimney is not safe for the intended application, it shall be rebuilt to conform to chimney standards of the Building Code or replaced with an approved gas vent or factory -built chimney complying with Section 912(a). Section 1005 is amended to read as follows: INSULATION OF DUCTS. Sec. 1005. Every supply -and - return air duct and plenum of a heating or cooling system shall be insulated with not less than the amount of insulation set forth in Table No. 10-D, except for ducts and plenums used exclusively for evaporating cooling systems. Only approved material shall be installed within ducts and plenums for insulating, sound deadening or other purposes. All such material shall have a Ordinance No. 84-3165 Page 7 mold-, humidity- or erosion - resistant face that has met the requirements of U.M.C. standard No. 10-1. Duct liners in systems operating at velocities in excess of 2000 feet per minute shall be fastened with both adhesive and mechanical fasteners, and all exposed edges shall have adequate treatment to withstand the operating veloc- ity. Insulation applied to the exterior surface of ducts located in buildings shall have a flame spread of not more than 25 and a smoke -developed rating of not more than 50 when tested as a composite installation including insulation, facing materials, taps and adhesives as normally applied. Insulation on the exterior of any duct shall comply with Table No. 10-D. EXCEPTION. Insulation having a flame spread rating of not over 50 and a smoke -developed rating of not over 100 may be installed in dwellings or apartment houses where the duct system serves not more than one dwelling unit. Faced insulations intended for installation on the exterior of ducts shall be legibly printed with the name of the manufacturer, nominal thickness of insulation and the flame - spread and smoke -developed ratings of the composite material. THE FOLIAFIINC SECTIONS OF TBE UNIFORM MECHANICAL CODE HAVE BEEN DELETED: Table 3-A, Section 304(b). SECTION IV. REPEALER: All ordi- nances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. ii ordinance No. 84-3165 Page 8 SECTION V. SEVERABILITY: If any section, provision or part of the Or- dinance 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. EFFECTM DATE: This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 3rd day of January, 184. e _ , Reached & Approved By The Legal Department It was moved by Erdahl , and seconded by Dickson , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: First consideration Vote for passage: Second consideration Vote for passage: Date published 1/11/84 ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be consideredand 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, Strait, Zuber. Nays: None. 13 so CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3165 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of January 19 84 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 11th day of January , 1984 Dated at Iowa City, Iowa, this3lst day of January ,19 84 . ���a am na Parrott, Deputy City Clerk Printers fee $ 1 y CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county. and that a notice, a printed copy of which is hereto attached. was published in said paper _ d time(s), on the fol - lo wR g date(s): /� Q l- Cashier rSubscribed and sworn to before me this � C-- day of. A.D. Notary Public No. LOs �" G fvfiE:�.42iF'tCi OFFICIAL PUBLICATION OMINAt1CB NO. 84-3165 AN ONDnft= AMENDING. CHAPTER 8, AIMCLS III, THE MECHANICAL CODE BY ADOPTING THE 1982 EDITION OF THE UIIPC1dt ME®]BIICAL CODE W= CMMIN Ap@7O8N1S 7SER00. BE IT @MIC -ED BY THE Cr1Y COUNCIL OF THE CITY UP ICM C1Y, IOFA: SWITCH I. PULSE. the purpose of U is ere-lss Eo adapt the 1982* ; 1k Edition of the Uniform Mechanical Cade as prepared and edited by ids International Conference of Building Officials$ to provide for the Protection of the health, welfare and safety of the citizens of Tour City, Iower and to provide. 0c. the enforcement thereof and for the Penalties for the violation tlelNbf. SECTION 11. ADOPTION. Subject. to es, the 1982 Edition of the Uniform Mechanical Code i8 hereby adopted. Said Code shall be kman as the Iowa City. Mechanical Code, or the iib—'&an Cone. S=CN III. AMENDME 1S. The 1982 Uniform Mechanical e amended ss follows: Section 201(d) in amended to read as follows, Sec. 201(d) Stopping bbrk. tderever in the opinion of the Building Official, by reason of defective or illegal work in violation of a provision or requirement of thisordinance, the continuance of a building operation is contrary to public welfare, he/she may order, either orally or in writing,all furtber work to be stopped and .may require suspension of work until the condition in violation has been remedied. Section 203 is to read as follo a: Sec. 203 Board of Appeals. Any person affected by any action, atµ;o fall"a8 PVPPW OFFICIAL PUBLICATION exceeding 30 days. The carer of a building, structure, or premises where anything in violation of this ordinance ,hall be placed or shall exist and an architect, builder, Contracts, agent, Person or corporation 6sployed in mzection 1 therewith, or my who any ! r have assisted in the �misaicn of such viola- I +r„ turn awl be guilty of a separate offense. (c) Abatement. The imposition of penalties herein prescribed shall not preclude the City Attorney from instituting appropri- ate action or proceeding to prevent an unlawful erection, construction, re- omstructian, alteration, repair, conversion, maintenance, or to re- strain, correct, or abate a violation or to prevent the occupancy of a building, structure, or premises. Section 304(a) is amended to teed as follows: 'Sec. 304(a) Permit Fees. A fee for each permit shall be paid to the Building Official a, established by resolution of council. there work for which a permit is required by this code is started prior to obtaining a permit, the fee specified in this code shall be doubled. The payment of a doubled fee shall not relieve p,rsraa from fully complying with the requirements of this code in the execution of their work nor from any other penalties prescribed herein. Section 305(f) i, amended to read as follows: (f) Reinspection. A reinspec- tion fee may be assessed for each inspection or __ binmection when such. 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BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 1982 Edition of the Uniform Plumbing Code, as prepared and edited by the International Association of Plumbing and Mechanical Officials; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and penalties for violations thereof. SECTION II. ADOPTION. Subject to the following amendments, the 1982 Edition of the Uniform plumbing Code is hereby adopted. Said code shall be known as the Iowa City Plumbing Code, or the Plumbing Code. SECTION III. AMENDMENTS. Section 117. is amended by adding the following definitions: (c)1 Plumber, journeyman. The term "journeyman plumber" means any licensed person who labors at the trade of plumbing as an employee. (c)2 Plumber, master. The term "master plumber" means any licensed person who undertakes or offers to undertake, to plan for, layout, supervise, and do plumbing for a fixed sum, fee, or other compensation. Section 401(a) is amended to read as follows: (a) Drainage pipe shall be cast iron, galvanized steel, galvanized wrought iron, lead, copper, brass, ABS, PVC or other approved materials having a smooth and uniform bore, except: 1. That no galvanized wrought iron or galvanized steel pipe shall be used underground and shall be kept at least 6 inches above the ground. 2. ABS or PVC installations limited to residential construction not more than 35 feet vertically and 15 feet horizontally. No plastic pipe shall be used underground. 19h Ordinance No. 84-3166 Page 2 3. CI soil pipe, and type M copper pipe shall be the only materials permitted for underground installation. Section 403(a) is amended by adding the following sentence: There shall be at least one 4 -inch drain pipe from the sewer to the drainage stack. Section 409(a) is amended to read as follows: (a) Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curb or property line, at the point where the building sewer crosses under the curb or property line, and above the crown level of the main sewer, shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which received the discharge from fixtures located below the elevation of the curb or property line. The requirements of this subsection shall apply only when it is determined necessary by the adminis- trative authority or the engineers of the governing body, based on local conditions. Section 504(a) is amended by adding the following sentence: There shall be at least one 3 -inch main stack for each building. Section 505(d) is amended to read as follows: (d) All vent pipes shall extend undiminished in size above the roof, or shall be reconnected with a soil or waste vent of proper size. No vent smaller than 3 inches shall extend through the roof. Section 505 is amended by adding a subsection (g) to read as follows: (g) In all new residential construction with a basement, an unused 2 -inch vent shall be dropped into the basement and capped for future use. Section 506(a) is amended to read as follows: Ordinance No. 84-3166 Page 3 (a) Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than 12 inches above the roof and not less than 12 inches from any vertical surface. Section 506(c) is amended to read as follows: (c) Vent pipes shall be extended separately or combined, of full required size, not less than 12 inches above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for purposes other than weather protection. All vents within 10 feet of any part of the roof that is used for such other purposes shall extend not less than 7 feet above such roof and shall be securely stayed. Section 608(c) is amended to read as follows: (c) No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer without the use of an approved dishwasher air -gap fitting on the discharge side of the dishwashing machine, or by looping the discharge line of the dishwasher as high as possible near the flood level of the kitchen sink. Listed air -gaps shall be installed with the flood level (FL) marking at or above the flood level of the sink or drain board, whichever is higher. Section 615 is amended by adding the following subsection (h): (h) In lieu of the conventional combina- tion waste and vent system, a loop system consisting of a drain sized one pipe size larger than the trap may be used provided that such drain pipe continues upward beyond the trap arm as high as possible and returns to the top of the drain system, below the floor, downstream on the horizontal drain. Loop systems must be approved by the Plumbing Inspector prior to installation and shall be limited to sinks and lavatories in islands or in remodeling work. Table No. 7-1 is amended to read as follows: 4. Ordinance No. 84-3166 Page 4 TABLE 7-1 Horizontal Distance of Trap Arms (Except for water closet and similar fixtures) Distance Trap Arm Trap to Vent Inches Feet 1-1/4 ........................ 5 1-1/2 ........................ 6 2 ........................ 8 3 ...................... 12 4 and larger ................. 12 *Slope one-quarter inch per foot. Section 1004(a) is amended to read as follows: (a) Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron; galvanized steel, lead or other approved materials. Asbestos -cement, PB, PE, or PVC water pipe manufactured to recog- nized standards may be used for cold water distribution systems outside a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Author- ity. Section 1105 is amended to read as follows: Sec. 1105 - Size of Building Sewer. The minimum size of any building sewer shall be 4 inches. THE FOLLOWING SECTIONS OF THE UNIFORM PLUMBING CODE HAVE BEEN DELETED: PART 1, Administration. Section 310(c). Section 503(a)2. SECTION IV. BOARD OF EXAMINERS. A. Creation. There is hereby estab- lished a Board of Examiners of Plumbers for the City of Iowa City, Iowa. B. Membership. The Board of Examiners of Plumbers shall consist of four members. Three members of the Board shall be appointed by the Mayor with the concurrence of the City Council; one shall be a master plumber; one shall be a journeyman plumber; and one shall be a 46 Ordinance No. 84-3166 Page 5 representative of the public. The fourth member, who shall also be the chairman, shall be the plumbing inspector. All appointed members of the Board shall be qualified electors of the City of Iowa City, Iowa, and shall serve without compensation. C. Terms. The term of office for each appointed member shall be two years; and no appointed member shall be appointed to two consecutive terms on the Board. All terms shall commence on January 1st of the year of appointment. Three members of said Board of Examiners shall consti- tute a quorum for the transaction of all business. D. Duties. it shall be the duty of the Board of Examiners to examine all applicants desiring to engage in the work of plumbing, whether as a master plumber or as a journeyman plumber. The Board shall examine applicants as to their practical knowledge of plumbing; and if an applicant demonstrates his/her competency therein, the Board shall issue a license authorizing the applicant to engage in the work of plumbing. The Board of Examiners, except the plumbing inspector, shall also serve as a Grievance Board. Should any disagreement arise between a master plumber and the plumbing inspector relative to the proper and improper installation of any work governed by this chapter, either party may appeal to the Grievance Board which shall pass judgment on that matter. If a plumber on the Board is involved in the dispute, the other members of the Board shall appoint an alternate, qualified master plumber, who is an elector of the City of Iowa City, Iowa, to act in his stead. Such appeal shall be in accor- dance with the procedures set forth in the Iowa City Administrative Code. SECTION V. LICENSES A. No person shall undertake or offer to undertake to plan for, lay out, super- vise, and do plumbing for a fixed sum, fee, or other compensation within Iowa City, Iowa, unless such person shall have obtained from the City of Iowa City, Iowa, a master plumber's license. Ordinance No. 84-3166 Page 6 B. No person shall work as a journeyman plumber within the City of Iowa City, Iowa, until such person shall have obtained from the City of Iowa City, Iowa, a journeyman plumber's license. SECTION VI. APPLICATION. Any person required by this ordinance to possess a plumber's license shall make application to the Board of Examiners of Plumbers. SECTION VII. APPLICATION AND EXAMINATION FEES. The examination fee for those persons applying for a plumber's license shall be established by resolution of Council, and shall not be refunded. SECTION VIII. LICENSING STANDARDS. The Board of Examiners shall issue licenses pursuant to the following provisions: A. A master plumber's license shall be issued to every person who demonstrates satisfactory completion of one year's experience as a licensed journeyman plumber, and successfully passes the examination conducted by the Board of Examiners of Plumbers. The fee for the license shall be set by resolution of Council. B. A journeyman plumber's license shall be issued to every person who demon- strates satisfactory completion of four year's experience as an apprentice plumber, and successfully passes the examination conducted by the Board of Examiners of Plumbers. The fee for the license shall be set by resolution of Council. C. All apprentices shall be registered by the City of Iowa City. The fee for such registration shall be set by resolution of Council. SECTION IX. RE-EXAMINATIONS. Any person who fails to pass the examination may apply for re-examination at the next regularly scheduled examination. SECTION X. BOND AND ISSUANCE. Before a master plumber's license may be issued, the applicant shall file with the plumbing inspector proof of existing liability insurance in the amount of $10,000 and a bond in the penal sum of $1,000 running to the City of Iowa City, Iowa, with sureties to be approved by the plumbing inspector. Said bond shall be conditioned for the faithful performance of all duties required by ordinance or regulation of Iowa City, Iowa, and to repay damages 0 Ordinance No. 84-3166 Page 7 sustained by the City by reason of neglect or incompetence of the licensee or his/her employees in the performance of work done including, but not limited to, careless guarding of excavations, failure to put all streets or public places opened in as good a condition as before opening. SECTION XI. RENEWALS. Every license shall expire on December 31st of each year, unless revoked. The renewal fees shall be established by resolution of Council. SECTION XII. REVOCATION. The Board of Examiners of Plumbers may revoke any license issued by them if a person shows incompetency or lack of knowledge or if the license is obtained by fraud. Licenses are not transferrable. The lending of any license or the obtaining of permits thereunder for any other person shall be deemed cause for revocation. If a license is revoked for any reason, another license shall not be issued for 12 months after revocation. SECTION XIII. LICENSE DISPLAYED. The licenses of all master plumbers employed by a firm shall be posted in a conspicuous place in its office. SECTION XIV. PERMIT REQUIRED. A. It shall be unlawful for any person to install, remove, alter, repair, or replace or cause to be installed, removed, altered, repaired, or replaced any plumbing, gas or drainage piping work, or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit from the plumbing inspector. B. A separate permit shall be obtained for each structure. C. Permits are required in order to make connections with public sewers and will be issued only when the plumbing on the premises to be connected is in compliance with the provisions of this ordinance. D. No person shall allow any other person to do or cause to be done any work under a permit secured by a permitee except persons in his/her employ. SECTION XV. WORK NOT REQUIRING A PERMIT. No permit shall be required for the following repair work: the stopping of leaks in drains or soil, waste or vent Ordinance No. 84-3166 Page 8 pipes, and the clearing of stoppages in pipes, valves or fixtures. However, if it becomes necessary to remove, replace or rearrange any part, it shall be considered new work which requires a permit. SECTION XVI. PERMITEE. A. Only a person holding a valid master plumber's license issued by the City of Iowa City may obtain a permit to perform work regulated by this ordinance. B. A permit may be issued to the owner of a single-family dwelling which is owner -occupied and used exclusively for residential purposes to do any work regulated by this ordinance in connec- tion with the dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this ordinance. SECTION XVII. APPLICATION FOR PERMIT. On an application form provided by the City, the applicant shall describe the work proposed to be done, the location, ownership, occupancy, and use of the premises. The plumbing inspector may require plans, specifications, drawings and such other information that he/she deems necessary. If the plumbing inspec- tor is of the opinion from the information furnished that the applicant is in compliance with this ordinance, he/she shall issue the permit upon payment of the required fee. SECTION XVIII. PERMIT. A. Time limitation. A permit shall expire if the work authorized is not commenced within 60 days after issuance or if the work authorized is suspended for a period of 120 days. Prior to resumption of work, a new permit must be obtained. The renewal fee shall be one-half of the original fee provided no changes have been made in the plans and specifications and the suspension did not exceed one year. B. The issuance of a permit shall not be construed as a waiver of any of the provisions of this ordinance. It shall not prevent the plumbing inspector from requiring the correction of errors or from preventing construction in viola- tion of this ordinance or from revoking any permit issued in error. Ordinance No. 84-3166 Page 9 C. , Display. The permit and the approved plans or specifications shall be available at the location of the work permitted thereby at all times. SECTION XIX. PERMIT FEES. All applicants shall pay the proper permit fee as established by resolution of Council. Any person who commences work prior to obtaining a permit shall be charged a double fee unless he/she demonstrates to the satisfaction of the plumbing inspector that it was an emergency. SECTION XX. INSPECTIONS. It shall be the duty of the person doing the work author- ized by the permit to notify the plumbing inspector that the work is ready for inspection not less than 24 hours before the work is to be inspected. It shall be the duty of the person doing the work authorized by the permit to ensure that the work will stand the test prescribed before giving notification. No work shall be covered or concealed in any manner before it has been examined and approved by the plumbing inspector. SECTION XXI. PLUMBING INSPECTOR. A. Duties. It shall be the duty of the plumbing inspector to administer and enforce the provisions of this ordi- nance, sign and issue all notices, permits, and licenses, pass upon all plans submitted, and keep complete records of all official work performed in accordance with the provisions of this ordinance. B. Right of entry. The plumbing inspector shall carry proper credentials and shall have the right of entry, upon presentation of his/her credentials during business hours, to inspect all buildings and premises in the perform- ance of his/her duties. C. Stopping work. Whenever in the opinion of the plumbing inspector the continuance of plumbing work is contrary to public welfare by reason of defective or illegal work in violation of a provision of this ordinance, he/she may order, either orally or in writing, all further work to be stopped and may require suspension of work until the condition in violation has been reme- died. :3 S Ordinance No. 84-3166 Page 10 D. Excavations. All excavations made for the purpose of laying water pipes or sewage from the property line to the building line shall be under the direction and subject to the approval of the plumbing inspector. SECTION XXII. GARAGE FLOOR DRAIN. Garages and other structures for the housing, sale, or repair of automobiles or for the commercial washing, or repairing of automobiles which connect with the sewer shall be provided with a proper means for draining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, sidewalk, or pavement approach. Such drains shall be so constructed as to have a device for catching sand, silt, or other solids and to have a seal depth of not less than six (6) inches above the sand receiver; and the outlet shall not be smaller than a four (4) inch connection. All materials used for vents and waste lines shall conform with the other provisions hereof. The trap shall be constructed of cast iron, cement, or hard burned brick laid in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naptha, or other inflammable solutions or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains and traps must be approved by the plumbing inspector. SECTION XXIII. CONNECT WITH Y'S. Unless special permission is endorsed on the permit, the junction pieces, slants, or Y's, which have been built into the sewer during construction, must be used for connecting all private sewers or house drains. In all cases the trench must be of ample width at the point of connection and all rubbish removed for purpose of inspection; and the actual connection with said junction piece, slant, or Y must be made in the presence of the plumbing inspector or his authorized agent. The cover on the Y branch on the sewer should be carefully removed in order to prevent injury to the socket. If there is no junction piece, slant, or Y already in the sewer, a permit to cut the sewer will be granted by the plumbing inspector; and the connection may C1 Ordinance No. 84-3166 Page 11 be made by inserting into the sewer a junction pipe of the size specified in the permit and cut to an angle of 45 degrees by the manufacturer. After making the opening in the sewer, all rubbish must be removed from the inside of the sewer. The junction pipe must then be set even with the inside of the sewer on a bed of mortar, and the opening around the pipe must be carefully prepared and well plastered with mortar compound of equal parts of Portland cement and clean, sharp sand. All backfilling of trenches will be flushed or tamped as directed by the plumbing inspector. Nothing but saddle Y's, as prescribed by the plumbing inspector, may be used where it becomes necessary to tap the main sewer. The excavation showing the connections shall be kept open by the plumber until the plumbing inspector has been notified. SECTION XXIV. VIOLATIONS. A. Notices. 1. Whenever the plumbing inspector discovers that any unsanitary condi- tions exist or that any construction or work regulated by this ordinance is dangerous, unsafe, unsanitary, a nuisance or a menace to life, health, or property, or otherwise in violation of this ordinance, he/she may serve a written order upon the person respon- sible therefor directing discontinu- ance of such illegal action and the remedying of the condition which is in violation of the provisions of the ordinance. 2. Refusal or failure to comply with any order shall be considered a violation of this ordinance. 3. If the order is not promptly complied with, the plumbing inspector may request that the City Attorney institute an appropriate proceeding at law or in equity to restrain, correct, or remove such violation. B. Violators. The owner of a structure or premises where anything in viola- tion of this ordinance shall exist and an architect, builder, contractor, agent, person or corporation employed in connection therewith any any who !3 Ordinance No. 84-3166 Page 12 may have assisted in the commission of such violation shall be each guilty of a separate offense. SECTION XXV. PENALTIES. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $100 or by imprison- ment not exceeding 30 days. SECTION XXVI. REPEALER. Chapter 28 and all other ordinances and parts of ordi- nances in conflict with the provision of this ordinance are hereby repealed. SECTION XXVII. 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 XXVIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and ap roved this 3rd day of 1984. � 11,71 // ATTEST: rO`OiYM 3 Approved 8y The Legal Depaft*n4 IM It was moved by Erdahl and seconded by D' kson that the Ordinance as read be adopted and.upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DICKSON X ERDAHL x_ LYNCH x_ MCDONALD y_ NEUHAUSER y PERRET First consideration Vote for passage: Second consideration Vote for passage: Date published 1/11/84 Moved by Erdahl, seconded by Strait, that to be considered and voted on for passage prior to the meeting at which it is to be the first and second consideration aid vot be voted upon for final passage at this t Ayes: Dickson, Ambrisco, Baker, Erdahl, Nays: None. the rule requiring ordinances at two Council meetings finally passed be suspended, e be waived and the ordinance ime. PtDonald, Strait, Zuber. 13 CITY CSF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3166 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of January , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 11th day of January , 1984 Dated at Iowa City, Iowa, this31st day of January ,19 84 . Ram na Parrott, Deputy City Clerk /9 Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county. and that a notice, a printed copy of which is hereto attached. was published in said paper _ time(s), on the fol- loAing dacelsl: Cashier Subscribed and sworn to before me this —L day of_�2v. . TABIL 7-1 Fbrizontal D1sUme of hap Arae (Except for Mater closet and similar fixtures) Distance Trap Arm Trap to Vent Inches Fhet 1-1/4 ........................ 5 1 1-1/2 ........................ 6 OFFICIAL PUBLICATION 2 ........................ B 1 j ........................ 12 1 4 and larger ................. 12 CRDINANM N0. 81_3166 *Slope one-quarter inch per foot. AN Om1rmaCE AIDI.tOlw CHAPTER 8, ARTICLE TV, THE P(OMM 'ME, BY ADOPTING ME 1982 EDITION OP MB MIFOFM PLUMBING NDE KIM CE Arl AKDMM2n$, AND PnNIDING Fait ITS ENFORCFI427T. BE Tr ENACTED BY THE CITY 0.70NCIL OP I0A CITY, laW : SECT'M 1. PURR7raE'. 1,ue purpose of [his ordinance is [o adopt tho 1982 Edi[lon of the uniform plumbing Code, as prepared and edited by the International Association of Plumbing and Mechanical Officials, to Provide for the protection of the health, welfare, and safety of the citizens of Iowa City, lows, and to provide for the enforcement thereof andpenalties for violations thereof. SECTIM II. AOOPTTLTI. Subject to the fol owing amendments, the 1982 Edition of the Uniform plumbing Code is hereby adapted. Said code shall be known as the Iowa City Plumbing Cade, or the plumbing cod.. SECTION III. W4P@ENTS. Section. 117. is amended by adding the following definitions: (01 Plumber, journeyman, The term journeyman plumber• means any licensed person who labors at the trade of plumbing as an employes. (c)2 Plumber, master. The term "master plumber• means anylicensed person who undertakes or offers to undertake, to plan for, layout, supervise, and do plumbing for a fixed sum, fee, or other compensation. - Section 401(a) is amended to read as follows: (a) Drainage pipe shall be reset iron, galvanized steel, galvanized wrought iron, lead, copper, brass,. ABS, PVC or other approved materials having a ssnoth and uniform bore, except: I. That no galvanized wrought iron oc galvanized steel i be used pt at 19 �-Y. .� . ,z � eau Notary Public No. 13-0-16P nage DppLS solid nn •0099 Ai lour IDA discs 9/fioP 4L •ssa4goosem. F swumV -sIvAw1P 93 L IIo uo g2WIP 5uNmosl Slsufq u wowpin x am 9 lopsds Aopladns 1BIm boo/osdsjthe or JOAJUO�j saOW2t1wel WA si4°VICId'll OIUOSSUed Section 1004(.) is amended to read as follows: (a) water pipe and fittings shall be of brass, copper, cast iron, gaivanlzed malleable iron, galvanized wrought iron; galvanized steel., lead or other approved materials. Asbestos -convent, TE, Tc, or INC water pipe manufactured to recog- nized standards may be used for cold water distribution systems outside a building. All materials used In the water supply system, except valves and similar devices dull be of a like material, except where otherwise approved by the Administrative Author- ity. Section 1105 is amended to read as follows: Sec. 1105 - Size of Building Sewer. The minimum size of any building sower shall be 4 inches. 'RIE FOLLOWING SECEIONM OF THE UMIEORN P11 MG CODE NAVE BEEN IIELEIED: PART 1, Administration. Section 310(c). Section 503(a)2. SECIQI W. BOARD OF []tANINEAS. A. Creation. There I. r" eatzb- lished a Board of Examiners of Pl,atmrs OFFICIAL PUBLICATION for the City of Iowa City, Iowe. B. Meynership. The Board of Ex ine[s Of Plumbers shall consist of four menders. Three ambers of the Board Shall be appointed by the Mayor with the concurrence of the City Council; ore shall be a master plumber; ore shall be a journeyman plurber, and ane shall be a representative of the public. The fourth member, who shall also be the Chairman. shall be the plumbing inspector. All appointed ambers of the Board shall be qualified electors of the City of Iowa City, Sown, and shall serve without compensation. C. Y rms. The term of office for each appointed member shall be two years; and no appointed member shell be appointed to two consecutive terms on the Board. All terms shall sna,mce on January at of the year of appointment. Three members [swoon XII. - REVOCATION. The Board of ', Examiners of Plumbers may revoke any (license issued by them if a person shwas, r i inermpeteney or lack of knowledge or if the license Is obtained by fraud. Licenses are net transferrable. The lending of any license or the obtaining of Permits thereunder for any other person Shall be deemed cause .for revocation. IE a license is revoked for any reason, another license shall not be issued for 12 months after revocation. ,SECTION %111. LICENSE DISPLAYED. The iso£ all master plumbers employed 'by a firm Shall be posted in a conspicuous jplaee in its office. ,SECTION XIV. PERMIT RECUT RED. A. Its un a u or any person, I W install,remove, alter, repair, or replace or cause to be installed, removed, altered, repaired, or replaced i any plumbing, gas or drainage piping. work, or any fixture of water heating on treating equipment in a building or - premises without first obtaining a permit frau the plumbing inspector. B. A separate permit shall be Obtained for each structure. C.. Permits are required in order to ( make connections with public sewers and Will be issued'. only Mon [he plumbing onl the premises to be connected is in compliance with the provisions of this ordinance. D. M person shall allow any other person to do or cause to be done any work under a permit secured by a permitee except persons in his/her employ. SECTION kV. kAlaN lXIT EEXXIIRTIG A PERMIT: No permit shall be required or the following repair work: the stopping of leaks in drains or sell, waste or vent Pipes, and the clearing of stoppages in pipes, valves or fixtures. however, if it m becomes necessary to remove., replace or rearrange any part, it shall be considered I new;ork Mich requires a,permit. SECTION NOR. PEMTTEE. A. Only a person�i lding a valid master plumber's license issued by the City of Iowa City may obtain a permit to perform work regulsted, by this ordinance. B. A permit may be issued to the owner of a singlerfamily dwelling Mich is owner -occupied and used exclusively for residential purposes to do any work regulated by this ordinance: in canner - tion with the dwelling and accessory buildings. The Omer .must personally J purchase all material and perform all labor in connection therewith. All work + Wall comply with this ordinance. SECTION XVII. APPLICATION NOR PERMIT. On an an application form prove y t City, the applicant shall describe the work 1 proposal to lxm done, the location, owmrship, Occupancy, and useof the promises. The plumbing inspector slay require plans, specifications, drawings and such other information that he/she deems necessary.. If the plumbing inspec- tor is of the opinion from the inform tion furnished that the applicant is in compliance with this ordinance, to/she Wall issue the Permit .upon payment of the reeuired fee. SECTION XVIII. PERMIT. A. Tinain—i t[ation. A perait Wall expire if the work authorized is net commenced within 60 days alter issuance or if the work authorized is suspended for a period of 120 lova. Prior to r OFFICIAL PUBLICATION resumption of work, a new permit must be obtained. The renewal fee shall be ona-half of the original fee provided.no. changes have been made in theplans ard• ' specifications and the suspension did not exceed one year. B. The issuance of a permit shall rot be construed asa. waiver of any of the provisions of this ordinance. It small i not prevent the plumbing inspector from i requiring the correction of errors or frac preventing construction in vials - tion of this ordinance or from revoking say permit issued in error. C. Display. The permitand the approved plane or specifications shall be available at the location.of the work permitted thereby at all times.. 1 SECTION XIX. PERMIT FEES. All applicants Ishall ay the proper permit fee as established by resolution of Council. Any person who commences work prior to )obtaining a permit shall be charged a double fee unless be/she dereonstrates to ,the Satisfaction of the plumbing inspectpr that it was an emergency. SECTION XX. INSP1X7rTONS. It Wall beltbe duty of the person doing the work author- ized by the permit W notify the plumbing Inspector that the workis ready ''for. inspection rot less than 24 hours befo[e ithe work is to be inspected. It Shall be the duty of .the person doing the work authorized by the permit" to, ensure that the work will Stand the test :prescribed before .giving notification. - ' M work shall be covered or concealed -;n many.manner before it has been examined and ,approved by the ,plumbing inspector. SECTION MI. PfUI48IN0 INSPECTOR. ' ' A. series. It s t uty of, the plumbing inspector to administer 'ard enforcethe provisions of this o[dL- nance, sign and issue all roticpa, permits, and licenses, pass upon ail plans euhnitted, and keep comp}era records of all official work. performed in accordance with the provisions of j this ordinance. B. Right of entry. The plumbing inspector shall carry proper credentials I and shall have the right of entry, upon presentation of his/her credentials during business hours, to inspect all buildings and premises' in the perfopm- entr of his/her duties.. C. Stopping. work. Whenever in the opinion of the Plumbing inspector the continuance of plumbing work is contrary to public welfare by reason of defective or illegal work in violation of a provision of this ordinance, he/she may order, either orally or in writing, all further work to be stopped and .may require suspension of work until the condition in violation has been rems- died. D. Excavations'. All excavations wade fon the. purpose of laying water pipes•or sewage from the property line to the building lire shall be under the direction and Subject W the approval ,Of the plumbing inspector. SECTION- GAFPGS ftWOR DRAIN`. Garages other. structures or ton housing. Sale, or repair of autmobiles or for the commercial washing, or repairing of automobiles Mich connect with tt1 sewer Wall be provided with a proper means for drainingthe floors and repair pits sothat no drainage therefrom shall flow wet shy street, alley,sidewalk, Of pavement approach. ,Such drains shall be ao constructed as to have a device for mtchlpg -sand, silt,or other Solids and to have a seal depth of net less than six (6) inches above the sand receiver; and the Outlet shall not be smaller than a four (Q inch connection. All materials used for vents and waste lines shall conform with the other provisions bereof. The trap shall beconstructed of cliSt Iron, cement, or hard ' burned brick laid In tenant .mortar with an accessible Iron cover. Any place of business' whore gasoline, benzine, naptha, or other inflammable solutions or compounds are imed or kept shall be provided with Special drains in. the Mme mariner as those required for garages. Such drains .and Crape Suet be approved by the plumbing inspector.- � qw e16 6 ae?�P-, SICTT0N; XXITT. NNEXTC' Wmi cc's: u rfts spec al permission is e [ on the Permit, the junction pieces, Slants, or Y'S, Mich have been built into the sewer during construction, must be used for connecting all private sewers or house drains. ,In all cases the trench must be of ample ;width at the point of connection and ,all rubbish removed for purpose of inspectiony .and the actual connection with said junction piece, .slant, or Y must be mads in thepresence of the plimhing inspector or his authorized agent. The cover on the Y branch on the sewer should be carefully removed in, order to prevent injury to the market. If there is no junction piece, Slant, or Y already in the sewer, a permit 'to cut the Sewer will be granted by the Plumbing inspector; and the connection. me) be made by inserting into the .sewer, a junction pipe of the size specified in the permit and cut to an angle of 45 degrees the manufacturer. After making the opening inthe sewer,. all rubbish most be removed from the inside of the sewer. The junction pipe mist then be set even with the inside of the sewer on a bei of mortar, and the opening around the pi ,must be carefully prepared and well plastered with mortar compound of equal parts of pbrtImd cement and clean, sharp end. All backfilling of trenches wi1ll'be flushecl or .tamped as directed by the plumbing inspector. _ ebthing het saddle Y's, as pcescribed by the plumhinl inspector, may be used where it becanos necessary to tap the mein :ower. The excavation showing -the connections rhal'1 ho kept open by she Plumber until the plumbing imp,,has been notified, SECTION XXIV. VIOLATIONS. T.-0t—ices. -' 1. whenever the plumbing inspector discovers that .any unsanitary conBi- tions exist or that any construction or work ragul3ted by this Ordinance is dangerous, unsaan fe, unsitary, - a nuisance or a menace to life, health, or property, or otherwise in violation of this ordinance, he/she may serve'& written order uponthe person respon- sible therefor directing dlsconttnb- awp of such illegal action and the readying of the condition Mich is to violation of the provisions of she ordinance. 2. Refusal or failure to comply with my order shall be considered violation of this ordinance. 3. If the order is not promptly camplild with, the plunbing inspector relay request that the City Attorney institute an appropriate proceeding at law or in .equity to restrain, correct, or remove such violation. B. Violators. The owner Of. a structure or premises Mereanything in viola- ' tion of this ordinance Stoll exist and an architect, builder, contractor, agent, person. or corporation. employed in connection, therewith any any who mayhave east sted in the oonoisaWn of such violation shall be each guilty of a ceparai®.offense. a rrruLL;ritS Airy person, ism, or corpora[ on via ating any. of tie Provisions ofN15 ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine net exceeding $100 or by imprison- ment net exceeding 30 days. SECTION %XVI. REPFALPR.. Chapter 28 and a oe e5 or isanees and. parts of ordi- nances in conflict with the provision of this ordinance are hereby repealed. SECTION MIT. SEVERABILITY. If any Section, provie%n or -part o the Od1- nonce Wall be adjudged to be Invalid of unconstitutional.,, such adjudication small net affeet the validity of the Ordi nqmpe as a Mole or any section, provisiod4pr Part thereof net adjudged invalid „ie, unconatituttonal. SECTION MITI. EFFECTIVE DATE... 7hie dinance shall be in of ect after Its I Orinal FesSage„ approval and publlcatlon'S3 required by law. Passed and aNANrov d this 3rd day of .Ianuarv, 1986 ATTEST; C A CLEBR 'A. 'Asx. J 11434 January 11, 1984 ORDINANCE NO. 84-3167 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, THE ABATEMENT OF DANGEROUS BUILDINGS CODE BY ADOPTING THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 1982 EDITION, AS EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS WITH CERTAIN AMENDMENTS THERETO AND TO PROVIDE FOR THE ENFORCEMENT THEREOF AND PENALTIES FOR THE VIOLATION THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to adopt the Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, edited by the International Conference of Building Officials to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa. SECTION II. ADOPTION. The Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, is hereby adopted subject to the following amendments. Said code shall be known as the Iowa City Abatement of Dangerous Buildings Code, or the Dangerous Buildings Code. SECTION III. AMENDMENTS. The Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, edited by the International Conference of Building Officials, is hereby amended as follows: Sec. 301 is amended by adding the following definitions: BUILDING OFFICIAL. The enforcement of the provisions of this Code shall be the responsibility of the Building Official and whenever the word Health Officer or Fire Marshal shall be used in this code, it shall mean the Building Official. CITY MANAGER. Whenever the words Public works Director shall be used in this code, it shall mean the City Manager of Iowa City. Sec. 501 is amended to read as follows: APPEALS. Sec. 501. Any person affected by any action, interpretation or notice issued by the Building Official with respect to the Uniform Code for the Abatement of Dangerous Buildings may appeal the decision of the Building Official to the Board of Appeals. Such Ordinance No. 84-3167 Page 2 appeal shall be in accordance with the procedures set forth in the Iowa City Administrative Code. 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 unconsitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and arirove�7 this 3rd day of 1984. 11 // -Z r //q Ai ATTEST: 'Recelved Z Approved BY T� Legal Departinen4 It was moved by Erdahl and seconded by Zuber , that the Ordinance as read be adopted and upon roll cal there were: AYES: NAYS: ABSENT: First consideration Vote for passage: Second consideration Vote for passage: Date published 1/11/84 BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be considereiand voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Ambrisco, Baker, Dickson, Erdahl, Strait, Zuber. Nays: None. CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3167 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of January , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 11th day of January , 1984 Dated at Iowa City, Iowa, this 31st day of January ,19 84 . Vftamna Parrott, Deputy City Clerk Printers fee Al) CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County,ss: THE IOWA CITY PRESS -CITIZEN 1, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper —Q -time(s), on the fol- lowi date(s): T 19 Cashier Subscribed and sworn to before me jj this day of�q� A. D. v �����Notary Public No. 1.30/$ P OFFICIAL PUBLICATION ORDINANCE M. 84-3107 AN ORDINANCE lWENOING CHAPTER B, ARTICLE IT, THE ABATEMENT OF ,DANGEROUS BUILDINGS CODE BY ADOPTING ITS MIA)dt CSE FOR AaATENHlT W BAHGEROUS BUILDINGS, '1982 EDITION, AS EDITED BY THE INIERTATIONAL CONFERENCE OF BUILDING OFFICIALS WM CERTAIN. hMENOMENIS THERM ANO TO PROVIDE FOR 'IE FNEUECEMENT THEREOF AND PENALTIES FOR THE VIOLATION THEREOF. PE IT ENACTED BY THF. CITY COUNICIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this on$rarfce is to adopt the Uniform Code for Lir Abatement of fsrjercus Buildings, 1982, Edition, edited by the InternatioraC Conferenec of Building Officials to provide for the protection of the 'health, wilfare and safety of 0citizens of Iowa City, rowa. 5FMM 11. ADOPTION. The Uniform Coo, for thc�rit OT_Damjerous Buildings, 1987 Edition, is hereby adopted subject to the following amenlments. Said code shall be kmwn as the Towa City Abatement of DangeSsas .Buildings Code, or the Dangerous nuiidays Cade,. SSCTTM ITT. ANFNOMEFID:. 11,c Uniform Crr for'' [�rmPn[ of Dangerous Buildings, 1982 Edition, edited by the International Conference of Building Officials, is hereby amended as follows: Sec. 301 is amended by adding the following definitions: RUIIDING OFFICIAL. The enforcement of the provisions of this Cee shall be the responsibility of theBuilding Official and 'whenever the word lWalth Officer or Fire Marshal shall be used in this code, it shall mean the Building OCficial. CITY MANAGER. whenever the words Public Forks Director shall be use, in this: rode, it shall mean the City Manager of Iowa City. sec. 501 is amended to read as follows, APPEALS. sec. 501. Any per sen affected by any action, interpretation or notice issued by the Building official with respect to the Uniform Code for the Abatement of Dangerous Buildings may appeal the decision of the Building Official to theBoard of Appeals. such appeal shall be in adcordance .with the procedures set forth in the Iowa City Administrative Code. SECTION IV. REPEALER. All ordinances and parts of�or 1Twnces in conflict with the provision of this ordinance are hereby repealed. SECrIW V. Sn ERABTLITY.: if any section, provision or part of the Ordinance shall be adjudgedto be invalid or unconstitu- tional, such adjudication shall rat affect the Validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or uncensitutional. sFCI •EFFECTIVE DATE. This Niimnce shebe in effect after its final passage, approval and publication as required by law. Passedand a cued this 3rd day of January, 1981. ATIEST: CI CLERK.-- 11435 January 11, 1984 ORDINANCE NO. 84-3168 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY TO CHANGE SPEED LIMITS ON PARTS OF SYCAMORE STREET. 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 Sycamore Street as determined by engineering studies conducted by the Traffic Engineer- ing Division. SECTION II. AMENDMENT. Section 23-189 is hereby deleted an the following is adopted in lieu thereof: Sec. 23-189. Exceptions to speed limits. Upon the basis of an engineering and traffic investigation, the following maximum speed limits are hereby determined and declared reasonable on the following streets or portions of streets, when signs are erected giving notice thereof. B6nton 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. 3n Ordinance No. 84-3168 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. ,-3t Ordinance No. 84-3168 Page 3 Iowa Highway 1 25 (Burlington St.) From its inter- section with Highways 218 and 6 to a point 150 feet east of Van 9uren 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 of Emerald Street to a point four thousand five hundred (4,500) feet east of the city limits. Melrose Avenue 50 From a point four thousand five hundred (4,500) feet east of the city limits to the city limits. Mormon Trek 35 From the intersec- tion of Melrose Avenue to the city limits. Muscatine Avenue 35 From a point one hundred (106) 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. 3a Ordinance No. 84-3168 Page 4 Rochester Avenue 35 From the intersec- tion with First Avenue east to the city limits. Sycamore Street 30 From the intersec- tion with U.S. Highway 6 south to the city limits except that portion of Sycamore Street between Gleason Avenue and Burns Avenue where the speed limit shall be 25 mph on school days when children are present. 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 33 Ordinance No. 84-3168 Page 5 (1,150) feet est 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 north to the intersection with U.S. Highway 6 and Iowa Highway 1. SECTION III. REPEALER. All ordinances and pars 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 January, ATTEST: Rekred & 3V 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 X MCDONALD X STRAIT X ZUBER First consideration XXXX Vote for passage: Second consideration XXXX Vote for passage Date published January 25, 1984 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: Baker, Ambrisco, Erdahl, McDonald, Strait, Zuber. Nays: None. Absent: Dickson. as CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No.,84-3168 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of January , 19 84 , all as the same appears of d publ record in my office anished Tin Iowa City Press -Citizen on the zsth ay of January , 19 84 . Dated at Iowa City, Iowa, this 31st day of January ,19 84 C- RamQ City a Parrott, Deputy uty City C Printers fee S(�, CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN 1. — Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto at-ched, was published in said pa er - time(s), on the fol- io ng date(s): Cashier rSubscribed and sworn to before me day of—Sf�a_+'-�, A. D. 192. ((// �Ca�I.G Notary Public No. /SSV Ml = OFFICIAL PUBLICATION. ORDINANCE NO. 84-3168 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE 'MF IOWA CITY TO CHANGE SPEED LIMITS ON PARTS OF SYCAMORE STREET. I BE IT ORDAINED By THE CITY COUNCIL OF IOW CITY IOWA: SECTION I. PURPOSE. The purpose of this or nauce s 0 ahead Section 23-189 of tha ren icipal code of Iowa City to reflect changes in the speed limit of Sycamore Street as determined by engineering studies cmMucted by the Traffic Engineer -his ton. SECT 11. AMENDMENT. Section 23-189 is ere y deleted—and the following is adopted in lieu thereof: Sec. 23-189. Exceptions to speed limits. Upase. the basis of an engineering and traffic investigation, the fallowing seek IN" speed limits are hereby determined and declared reasonable on the following stretts..m portions of streets, when signs are elected giving notice thereof. Banton Street 35 From the intersec- tion of Keswick Drive to the intersection of Mormon Trek. Dubuque Street 3E From a point just norehbeurq north of the intersection with Kimball Road north to the city limits. pubugw Street 35 From a point eight southbound hundred (800) feat • north of the Intersection of Foster Drive to a Point three hundred (3DO) feet north of the intersection of - Park Road. OFFICIAL PUBLICATION First Avenue 25 From the intersec- tion of Bradford Drive south to the intersection Of 9.S. Highway 6. Gilbert Street 30 From the Intersec- tion of Burlington t0 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, 90P) 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 ISOO) feat east of Mudsm AV~. Iowa Highway 7 30 From a point five hundred (500) feet east of Hudson Avenue to the intersection of U.S. Highway 6. 218 end Highway 1. Iowa Higlawey 1 25 rFrw its Inter - (Burlington St.) section with Highways 218 and 6 to a point 150 feet east of Van Surae st. Iowa Highway 1 45 From the intersec- Lim of N. Dubuque Road to a point six hundred (6001 feet south of the city limits. Iowa Highway 1 55 From a point six hundred (600) feet south Of the City limits to me city limits. Melrose Avenue 35 From the intersec- tion of Emerald Street to a point I four thousand five 1 hundred (4,500) feet east of the city limits. Melrose Avenue 50 From a paint four i1 thousand five hundred (4,5001 feet i east of the city limits to the city limits. Mormon Trek 35 From the intereec- tion of Melrose Avenue to the city limits. , Muscatine Avenue 35 S Dubuque Street 45 From the city limits perk Roto 25 southbound south to a point eight hundred (8DOJ feet- north of the Intersection of Foster Drive. Rochester Avenue 35 Sycamore Street 30 From a point " on hundred (100) feet ea 5t of the inter- section with Juniper Drive to the city limits. Frain the Intersec- tion with Rocky Shore Drive east to the in.ersaction with North Dubuque. street. From the Intersec- tion with first Avenue -ast t0 the city limit',. From the intersec- tion with U.S. Highway 6 south to the city 'limits except that portion of Sycamore Street between Gleason Avenue and Burns Avenue where the speed limit shall W 25 man On school days ~ Chilormn are present. %U.S. Highway 6 55 From .the ; city 11.0 -t ` p point one Aun'eB,:: (100( feet y.WeA of ' - Industrial Park Road. U.S. Highway 6 45 From a point one hundred (.100) feet east of Industrial Park Rud to a point seven heaared (700). feet east of the .intersections of U.S. xignway 6 U.S, xi9hw6y 219 and Iowa igbnay I. U.S. Highway 6 30 From apain seven . hundre0 (4 .Peet t� east of the intersection of U.S.. Highb4Iys; 6, 218 and Iowa Highway l .wast and north to "a point ' 'One thousand we hundred,. fifty (1,150) feet what I of the ipteraiction II with Riverside Drive. I U.S. Highway 6 35 Fres a point one thousand an - hundred fifty i (1"150) feet est of the ' intersection wtth 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. -1 .U.S. Highway 218 45 From a point arse i thousand six hundred (1,600) feet north bf the south city limits to A pointeight hundred (b00) feet south of the intersection with i U.S. Highway 6 and Iowa Highway 11 i north to the OFFICIAL PUBLICATION intersection .with U.S. Highway 6-and- Iowh Highway 1. _ SECTION I1I. REPEALER. All ordinances and. per s o or nances in conflict with tae. provision 'of this ordinance are hereby: repealed, SECTION -IV SEVERABILITY. If any. sec on, yrov s on or par of the. Ordi nonce shall be eej udged tR be invalid OF 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. Th$ OM1- nances a n e ec after its final passage, approval and publication as required by law. Passed and approved this 17th day of Jetwary, 3984. _ ATTEST: LLTT­61LM��.Y } 119119 January 25, 1984 ORDINANCE NO. 84-3169 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY ADDING THERETO NEW SECTION 18-44(h) PROVIDING FOR JUDICIAL REVIEW OF ACTIONS OF THE HUMAN RIGHTS COMMISSION. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this Ordinance is to provide for judicial review of actions taken by the Iowa City Human Rights Commission pursuant to Chapter 18 of the Code of Ordinances, City of Iowa City, Iowa. SECTION 2. AMENDMENT. Section 18-44 is hereby amen e y adding thereto new Subsection (h) as follows: Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa Administrative Procedure Act. Notwithstanding the terms of said Act, petition for judicial review may be filed in the District Court in which an enforce- ment proceeding under Subsections (a) and (b) may be brought. For purposes of the time limit for filing a petition for judicial review under the Iowa Administra- tive 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. 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 January, 1984. ATTEST: CITY CLERK Rocpbied a A.; -roved ay The C:=q:.1 lti-•-;lali'me.n} t C It was moved by Strait , and seconded by Erriahl , 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 )xxx Vote for passage: Second consideration Vote for passage Date published January 25, 1984 Moved by Strait, seconded by Erdahl, that the rule requiring ordinances to be consideredand 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 considerationand vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Baker, Ambrisco, Erdahl, McDonald, Strait, Zuber. Nays: None. Absent: Dickson. 37 CITY OF IOWA CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIT`(, IOWA 52240 STATE OF IOWA SS JOHNSON COUNTY CITY (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3169 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of January , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 25th day of January , 19 84 . Dated at Iowa City, Iowa, this 31st day of January ,19 84 Ramcna Parrott, Deputy City Clerk II o9 Printers fee S1_� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN. a news- paper published in said county. and that a notice, a printed copy of which is hereto att ched, was published in said paper � time(s), on the fol - lo ng date(s),. Cashier Subscribed and sworn to before me this Gq & day ofA.D. Isk'Y. 97 Notary Public No- /3o/SJ- OFFICIAL PUBLICATION ORDINANCE N0. 84-716a AN ORDINANCE AMENDING CHAPTER 18 OF. THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY A06ING THERETO NEW SECTION IS -44(h) PPOVID49G- FOR JUUIC14L REVIE'4 OF ACTIONS OF THE HVPN RIGHTS COMMISSION. BE IT ORDAINEO BY THE CITY OF IOWA CITY, IOWA, SECTION 1. PURPOSE. The purpose of this r Mance s o provide for jud inial review of actions taken by the Iowa City Huarn Rights Commission pursuant to Chater 18 of the Code of Oral maces, City of .lowa City, Ichat . SECTION Z. AMENDMENT. Sectiptl 18-44 is I y damn y lading thereto new Subsection (h) as follows: Judicial review of the actions of the.tolnnisslon My be sought in accordance with the terms of the Two Administrative Procedure Act. Notwithstanding the terms of said Act, petition for judicial review my the filed in the District Court in which an enforce - Alan jA.proceedbp under Subsections (a) and (b) byy be Draught. For purpouf of the t lends 11s1t for ftlinq a petition for Judicial "Vim under the low Alain-lstra- tive Procedure Act, the Issuance of a final decision of the Connission under this Chapter Occurs on the date notice of the decision is mailed by certified mail, to the parties. SECTION 111. REPEALER: All ordinances an pars o or Manes 1n conflict with the provision of this ordinance are D reby repel led. SECTION IY. SEVERABILITY: If any sec on, pror s on or par of the ordi- nance. sha11 a on to be Invalid or unconstitutional, such adjudication eWll not affect the validity Of the Ordinance es a whole or any section, provision or paM thereof not adjudged invalid Or ancon stitutional. SEC 10t y, EFFECTIVE DATEq This Ordt- sance 'M; • n e ec a ter its final' passage, approval and publication as required by law. Passed and pDrovad this 17th day of January, 1984 MAYOR ATTEST: e CITY CERA 1110I8 - January 25, 1984 ORDINANCE NO. 84-3170 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY REDEFINING ROOMING HOUSE, BY REVISING THE REQUIREMENT FOR A CERTIFICATE OF STRUCTURE COMPLIANCE AND RENTAL PERMIT, AND BY REVISING THE SECTION REGULATING THE MAXIMUM PERMITTED OCCUPANCY OF A DWELLING UNIT BEFORE A RENTAL PERMIT MUST BE OBTAINED. SECTION I. PURPOSE. The purpose of this ordinance is to revise the definition of rooming house, to revise the requirements for a certificate of structural compliance and rental permit, and to revise the regulations of the maximum occupancy of a dwelling unit before a rental permit must be obtained. This ordinance is necessary due to recent changes in the zoning ordinance affecting the number of roomers permitted in dwelling units in a variety of zones. SECTION II. ESTABLISHMENT. Chapter 17 of the Code of Ordinances of Iowa City is hereby amended as follows: Section 17-2. Definitions. "Rooming house" shall mean any dwelling, or that part of any dwelling, containing one or more rooming units or Type III dwelling units, in which space is let by the owner or operator to four (4) or more roomers. Occupants of units specifically designated as Type III dwelling units within a rooming house shall be included in the roomer count. Section 17-4. Certificate of structure compliance and rental permit. (a) Requirements for rental property. It shall be a violation of this Code for any person to let to another for rent and occupancy any dwelling, dwelling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or units within owner -occupied; single-family dwellings, condominiums and cooperatives containing no more roamers than permitted by the zoning ordinance), or rooming house unless: C lance No. 84-3170 Page 2 (1) The owner or operator holds a valid certificate of structure compliance, issued by the department of housing and inspection services, applicable to those portions of the specific structure used for residential rental purposes. (2) The owner or operator holds a valid rental permit, issued by the department of housing and inspection services, in the name of the owner or operator, applicable to those portions of the specific structure used for residential rental purposes. Section 17-5(n)(2). Maximum occupancy. Not more than one family, plus that number of roomers permitted in the zoning ordinance, except for guests, shall occupy a dwelling unit unless a rental permit for a rooming house has been granted. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed anc 1984. ATTEST: It was moved by Erdahl, seconded by Zuber, that the Ordinance as read be adopted and upon roll call there were: r -g9 0 lance No. 84-3170 P.u� 3 AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 12/20/83 Vote for passage: Ayes: Erdahl, Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret. Nays: None. Absent: None. Second consideration 1/3/84 Vote for passage: Ayes: Ambrisco, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: Baker. Date published January 2S. 1984 Racetved A Approvad By Tho Legal DeparTnwnt n 3 8 elf) CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CIT`(, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3170 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of January , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 25th day of January , 1984 Dated at Iowa City, Iowa, this 31stday of January ,19 84 . FI X21i.s�-ar/ �- Ramo a Parrott, Deputy City Clerk Printers fee 73 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is heretoj!, was published in said paper _f�I time(s), on the fol- io Ing date(s): ' / //S Cashier Subscribed and swornto before me this R—/day of f� A.D. 19. ,�. Notary Public No. 1201(— P Fowl OFFICIAL PUBLICATION ORDINANCE NO. 84-3170 AN ORDINANCE AMENDING CHAPTER 17 OF1, THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY REDEFINING •ROOMING HOUSE, BY REV(99ING THE REQUIREMENT FOR A CERTIFICATE OF MUCTUREa COMPLIANCE AND RENTAL PERMIT AND ifav REVISING THE SECTION REGULATING Ili£ MAk IMtl1 PERMITTED OCCUPANCY' OF A DWELLING UNIT BEFORE A RENTAL PERMIT MAST BE o1TAINEO: 1. SECTION I. PUAPoSE. The purpob• Of '(hii on narrc—i evise the deflnftloN',of rooming house, to revise the requiremants for a certificate of structural coMlfpnc• and rental permit, and to reymae' the regulations of the maximum occupancy of a dwelling unit before a rental pepit must be obtained. This ordinance is necessary due to recent changes in tqe zoning ordinance affecting the number of roiwrs permitted in dwelling units in a Yarioty of zones. SECTION II. ESTABLISHMENT. Chapter 17 of • Code o r'—b�s of Iowa City is hereby Amended es follows: - Section 17-2. Definitions. "Rooming Woos" shall wan any dwelling, or that part of any dwelling, containing Oft per wreroamtrg units or Type III Mil Ing units, in which space is let by the owner or iPporator to, four (4) or more rowers. Occupants.of units specifically designated as'Tya III dwelling units within a rooming house shall be included in the roowr taunt. Section tU 17-4: Certificate of apterUCmituro compliance and 'rental permit. . (s) pRequi roperawnts for notal of lotto It snail M a of of this Code for any anon L let to ny mafor not and occ aupancy Ary Mlliig, dwelling, mot, dupla, melttpl• Mlling, rooming mit s wilt n rooming mit or units :within I .� ownepia0;single-family dwellings, condominium aid cooperatives containing no Were reamers than permitted by the toning me), or rooming Nous• unless: ordi(1) The Owner or operator holds a valid certificate of structure conn l once I, Issued by the'departeent of, housing and inspection services, applicable to those portions of the specific structure used for I residential rental purposes. (2) The owner or operator holds a valid rental permit, issued 'by'the department of housing and inspection services, in the nue of the a.ner or operator, applicable to tho" portions of the specific T :t structure used for residential rental purposes. Section 1J-S(A)(2). Maximum occupancy. Not more than one family, plus that number of roomers permitted 1n the zoning, ordinance, except for guests, shall occupy a owel)1nj"unit unless a rental permit for a rooming house has been granted. SECTION III. REPEALER. All Ordinances • ayes in conflict with the prevision of this ordinance are hereby SECTION IV. SEVERABILITY. If any sect on,. D�Nstan or part of the Ordinance shall be adjudged to M invalid or unconstitutional, such ajudication shall not affect the validity, of the Ordinance as a whole or any section, provision o part he treof net adjudged invalid' per unconstitutional. o SECTION V. EFFECIIVE DATE. ,This rd nano 'S M O •ffect aftir its final puna, approval and publication as_ required by law. Posed and approvth 17 h da f 3 1984. A; ATTEST; 11911 January 8, 1964 ORDINANCE NO. 84-3171 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE I, THE BUILDING CODE BY ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1982 EDITION AND THE 1982 EDITION OF THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE, AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to adopt the Uniform Building Code Standards 1982 Edition, and the 1982 Edition of the Uniform Building Code as prepared and edited by the International Confer- ence of Building Officials; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa, and provide for its enforcement. SECTION II. ADOPTION. Subject to the following amendments, the Uniform Building Code Standards 1982 Edition, and the 1982 Edition of the Uniform Building Code are hereby adopted, and shall be known as the Iowa City Building Code, or the Building Code. Interpretations of the Building Official shall be guided by the UBC Application/Interpretation Manual. SECTION III. AMENDMENTS. Section 8-17. Amendments. The 1982 Edition of the Uniform Building Code is amended as follows: Section 202 is amended to read as follows: Sec. 202.(a) General. The building official is hereby authorized and directed to enforce all provisions of this code. For such purposes, he/she shall have the powers of a law enforcement officer. (b) Deputies. The City Manager shall appoint such employees as may be required. (c) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in Section 203 of this code, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code; provided that if such building or premises be occupied, he/she shall first present proper credentials and request entry; and if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building officials or his/her authorized representative shall have recourse to every remedy provided by law to secure entry. "Authorized representative" shall include the officers named in Section 202(a) and (b) of this code. 41 Page 2 No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his/her authorized representative for the purpose of inspec- tion and examination pursuant to this code. Any person violating this subsection shall be guilty of a misdemeanor. (d) Notices. (1) Whenever any work is performed in violation of this Code, the building official may serve a written notice or order upon the owner or his or her agent, directing him/her to discontinue the violation. (2) In the event such notice or order is not promptly complied with, the building official may institute an action at law or in equity to require compliance and to enjoin occupancy of the structure while it is not in compliance with this code. (e) Stop Work Orders. Whenever any work is being done contrary to the provisions of this code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. (f) Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provision of this code, the building official may order such use discon- tinued and the structure, or a portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time period prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. (g) Liability. The building official, or his authorized repre- sentative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself personally liable for any damage that may occur to persons or property as a result of any act or by reason of any act or omission in the discharge of his/her duties. Any suit brought against the building official or employee because of such act or omission performed by him/her in the enforcement of any provision of this code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings. This code shall not be construed to relieve from or lessen the responsi- bility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any certificates of inspection issued under this code. Page 3 (h) Cooperation of other Officials and Officers. The building official may request, and shall receive so far as is required, in the discharge of his/her duties, the assistance and cooperation of other officials of this jurisdiction. Sec. 204 is amended to read as follows: Sec. 204. Appeals. Whenever a person disagrees with the interpretation of the building official or the requirements of the Uniform Building Code, he/she may appeal the decision of the building official to the Board of Appeals. Such appeal shall be in accordance with the procedures set forth in the Iowa City Administrative Code. Section 205 is amended to read as follows: Sec. 205. Violations and Penalties. Sec. 205.(a) Penalties. (1) A person who shall violate a provision of this ordinance or fail to comply therewith or with any of the require- ments thereof or who shall erect, construct, alter, or repair or have erected, constructed, altered, or repaired a building or structure in violation of a detailed statement or plan submitted and approved thereunder shall be guilty of a misdemeanor punishable by a fine not exceeding $100 or imprisonment not exceeding 30 days. (2) The owner of a building, structure, or premises where anything in violation of this ordinance shall be placed or shall exist, and an architect, builder, contractor, agent, person or corporation employed in connection therewith, and any who my have assisted in the omission of such violation shall be guilty of a separate offense. (b) Abatement. The imposition of penalties herein prescribed shall not preclude the City from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use or to restrain, erect, or abate a violation or to prevent the occupancy of a building, structure, or premises. Section 301.(b) is amended to read as follows: (b) Exempted work. A building permit will not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 144 square feet. 2. Fences not over 6 feet high. 3. Oil derricks. y3 Page 4 4. Cases, counters and partitions not over 5 feet high. 5. Retaining walls which are not over four (4) feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharged or impounding flammable liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one (2:1). 7. Platforms, walks, driveways and patios not more than thirty (30") above grade and not over any basement or story below. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projecting not more than 54 inches. 11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons. Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above exempted items. Exemptions from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Section 304.(a) Building permit fees. A fee for each required permit shall be paid to the City as established by resolution of Council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The valuation to be used in computing the permit and plan review fee shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, elevators, fire -extinguishing systems and any other permanent work or permanent equipment. (b) Plan review fee. All new construction shall be charged a plan review fee as established by resolution of City Council. Section 305(e) is amended to read as follows: (e) Required inspections. Reinforcing steel or structural framework for any part of any building or structure shall not be covered or concealed without first obtaining the approval of the building offi- cial. Page 5 The building official, upon notification from the permit holder or his/her agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his/her agent wherein the same fails to comply with this code. 1. FOOTING INSPECTION. To be made after trenches are excavated and forms erected and when all materials for the footings are delivered on the job. Where concrete from a central mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job. 2. FRAME INSPECTION. To be made after the roof, all framing, fire blocking, and bracing are in place and all pipes, chimneys and vents are completed. 3. FINAL INSPECTION. To be made after the building is completed and ready for occupancy. Section 307.(a) is amended to read as follows: (a) Use or occupancy. No building or structure of Group A, B, E, H, I, or R Occupancies shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Section 401 is amended to read as follows: Definitions. Sec. 401. General. For the purpose of this Code, certain terms, phrases, words and their derivatives shall be construed as specific in this chapter. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's New World Dictionary of the English language, Second College Edition, copyright 1974, shall be considered as providing ordinarily accepted meanings. Section 402 is amended to read as follows: Sec. 402. APARTMENT HOUSE. A structure containing three (3) or more dwelling units. Section 407 is amended to read as follows: Sec. 407. FAMILY. One (1) person or two (2) or more persons related by blood, marriage, adoption or placement by governmental or social service agency, occupying a dwelling unit as a single, housekeeping organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption. Section 408 is amended to read as follows: 15 Page 6 Sec. 408. GUEST. An individual who shares a dwelling in a non -permanent status for not more than 30 days. Section 409 is amended as follows: Sec. 409. 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. Section 413 is amended to read as follows: Sec. 419. 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. Section 421 is amended to read as follows: Sec. 421. TRUSS is a pre -built and engineered component emloying one or more triangles in its construction, or an approved designed and engineered component that functions as a structural support member. Section 423 is amended to read as follows: Sec. 423. VALUE or VALUATION of a building shall be the cost per square foot based upon current replacement costs as determined by the bi-monthly publication entitled "Building Standards," building valuation data and regional modifiers as set by "Building Standards shall be utilized in conjunction with Section 304(a), as amended, to determine valuation. Section 608 is amended to read as follows: SPECIAL HAZARDS Sec. 608. Stages shall be equipped with automatic ventilators as required in Section 3901. Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. Motion picture machine booths shall conform to the requirements of Chapter 40. Proscenium curtains shall conform to the requirements set forth in U.B.C. Standard No. 6-1. Flammable liquids shall not be placed or stored in any Group A Occupancy. All exterior openings in a boiler room or room containing central heating equipment if located below openings in another story or if less than 10 feet from other doors or windows of the same building shall be protected by a fire assembly having a 3/4 hour fire protection rating. Such fire assemblies shall be fixed, automatic or self-closing. Every room contain- ing a boiler or central heating plant shall be separated from the rest of the building by not less than one (1) hour fire resistive occupancy separation. Page 7 EXCEPTION Boilers or central heating plants where the largest piece of fuel equipment does not exceed 400,000 BTU per hour input. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All automatic -closing fire assemblies installed in the atmospheric separation shall be activated by approved detectors of products of combustion other than heat. Section 708 is amended to read as follows: SPECIAL HAZARDS Sec. 708. Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. No storage of volatile flammable liquid shall be allowed in Group B, Division 1, 2 or 3 Occupancies and the handling and use of gasoline, fuel oil and other flammable liquids shall not be permitted in any Group B Occupancy unless such use and handling comply with U.B.C. Standard No. 9-1. Devices generating a glow or flame capable of igniting gasoline vapor shall not be installed or used within 48 inches of the floor in any room in which volatile flammable liquids or gas are used or stored. Every room containing a boiler or central heating plant shall be separated from the rest of the building by not less than a one hour fire -resistive occupancy separation. EXCEPTION: Boilers or central heating plans where the largest piece of fuel equipment does not exceed 400,000 BTU per hour input. Buildings erected or converted to house high -piled combustible stock shall comply with the Fire Code. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All automatic -closing fire assemblies installed in the atmospheric separation wall shall be activated by approved detectors of products of combustion other than heat. Section 709(b) is amended to read as follows: (b) Definition. For the purpose of this section, an open parking garage is a structure of Type I or Type II construction, which is open on two (2) or more sides totalling not less than forty (40) percent of the building perimeter and which is used exclusively for parking or storage of 417 U private pleasure cars. For a side to be considered open, the total area of openings distributed along the side shall be not less than 50% of the exterior wall of the side at each tier. EXCEPTIONS: 1. The grade level tier may contain an office, waiting and toilet rooms having a total area of not more than one thousand (1000) square feet and such area need not be separated from the open parking garage. 2. Publicly owned parking garages may contain an office, waiting and toilet rooms having a total area of more than one thousand (1000) square feet when proper area separation is provided and approval of the building official is obtained. 3. Where in the opinion of the building official the total area of openings required for natural ventilation of the garage can be achieved by means other than construction allowing fifty (50) percent of the exterior area of each side to be open at each tier, said alternatives shall be considered as meeting the definition of an open parking garage. Open parking garages are further classified as either ramp -access or mechanical -access. Ramp -access open parking garages are those employing a series of continuously rising floors or a series of interconnecting ramps between floors permitting the movement of vehicles under their own power from and to the street level. Mechanical -access parking garages are those employing parking machines, lifts, elevators or other mechanical devices for vehicles moving from and to street level and in which public occupancy is prohibited above the street level. SPECIAL HAZARDS Sec. 908. Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. Every boiler or central heating plant shall be separated from the rest of the building by a two (2) hour fire -resistive occupancy separation. In Divisions 1 and 2, there shall be no openings in such occupancy separations except for necessary ducts and pipings. In any room in a Group H, Division 1, 2 or 3 occupancy in which volatile, flammable liquids or hazardous materials are stored or used, no energy consuming equipment shall be used unless such equipment has been listed specifically for the hazardous atmosphere that may develop. In Division 4 Occupancies devices which generate a spark or glow capable of igniting gasoline vapors shall not be installed or used within forty-eight (48") of the floor. The use, handling and sale of Class I, II and III -A liquids shall be in accordance with U.B.C. Standard No. 9-1 and the Fire Code. Drycleaning plants shall conform to the provisions of U.B.C. Standard No. 9-2 and the Fire Code. W Page 9 Equipment or machinery which generates or emits combustible or explosive dust or fiber shall be provided with an adequate dust -collecting and exhaust system installed in conformance with U.B.C. Standard No. 9-3. The storage and handling of cellulose nitrate plastic other than film shall be in accordance with the Fire Code. Storage and handling of combustible fiber in amounts beyond the exemptions in Table No. 9-A shall be in accordance with the Fire Code. Combustible fiber storage rooms or vaults having a capacity exceeding 500 cubic feet shall be separated from the remainder of the building by a two-hour fire -resistive occupancy separation. Buildings erected or converted to house high -piled combustible stock shall comply with the Fire Code. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All automatic -closing fire assemblies installed in the atmospheric separation shall be activated by approved detectors of products of combustion other than heat. Section 1008 is amended to read as follows: SPECIAL HAZARDS Sec. 1008. Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. Motion picture machine rooms shall conform to the requirements of Chapter 40. Storage of volatile flammable liquids shall not be allowed in Group I Occupancies and the handling of such liquids shall not be permitted in any Group I Occupancies in quantities more than one gallon unless such handling complies with U.B.C. Standard No. 9-1. All exterior openings in a boiler room or room containing central heating equipment if located below openings in another story, or if less than ten feet (10') from other doors or windows of the same building, shall be protected by a fire assembly having a three-fourths hour (3/4) fire -protection rating. Such fire assemblies shall be fixed, automatic and self-closing. Every room containing a boiler or central heating plant shall be separated from the rest of the building by not less than a one (1) hour fire -resistive occupancy separation. EXCEPTION Boilers or central heating plants where the largest piece of equipment does not exceed 400,000 BTU per hour input. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All 1i Page 10 automatic -closing fire assemblies installed in the atmospheric separation shall be activated by approved detectors of products of combustion other than heat. Section 1201, Division 1, is amended to read as follows: Division 1. Hotels, apartment houses and rooming houses. Convents and monasteries (each accommodating more than ten persons). Section 1204 is amended to read as follows: Exit Facilities Sec. 1204. Stairs, exits and smokeproof enclosures shall be as specified in Chapter 33. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All escape or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of escape or rescue they shall have a finished sill height not more than 44 inches above the floor. Bars, grilles, grates or similar devices may be installed on an emergency escape or rescue windows or doors, provided: 1. Such devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort; and 2. The building is equipped with smoke detectors installed in accordance with Section 1210. EXCEPTION In R-3 occupancies, all egress or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net clear openable area shall have no dimension less than 22 inches or shall not have less than a 20 inch horizontal or a 24 inch vertical dimension. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor. Section 1205.(a) is amended to read as follows: Light, Ventilation and Sanitation Sec. 1205.(a) Light, Ventilation and Sanitation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than eight percent (8%) of the floor area of such rooms with a minimum of eight (8) square feet. All bathrooms, water closet compart- 50 Page 11 ments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one -twenty -fifty (1/25) of the floor area of such room with a minimum of one and one-half (1-1/2) square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one -twenty-fifth (1/25) of the floor area of such rooms with a minimum of four (4) square feet. In lieu of required exterior openings for natural ventilation, a mechani- cal ventilating system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest rooms, dormitories, habitable rooms and in public corridors. One-fifth (1/5) of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. For the purpose of determining light and ventilation requirements any room may be considered as a portion of an adjoining room when one-half (1/2) of the area of the common wall is open and unobstructed and provides an opening of not less than eight (8) percent of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. EXCEPTIONS 1. Required windows may open onto a roofed porch where the porch: a. abuts a street, yard, or court; b, has a ceiling height of not less than seven (7) feet; and c. has the longer side at least sixty five (65) percent open and unobstructed. 2. Kitchens need not be provided with natural light by means of exterior glazed openings provided that a mechanical ventila- tion system capable of providing two (2) air changes per hour and artificial lighting is provided. Section 1207(a) is amended to read as follows: ROOM DIMENSIONS SEC. 1207.(a) Ceiling Heights. Habitable space shall have a ceiling height of not less than seven feet six inches (7'6") except as otherwise permitted in this section. Kitchens, halls, bathrooms, and toilet compartments may have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than forty eight (48") on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight (48) inches or more 51 Page 12 on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than seven (7) feet above the floor. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half (1/2) the area thereof. No portion of the room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds (2/3) the area thereof, but in no case shall the height of the furred ceiling be less than seven (7) feet. EXCEPTIONS The main support beam shall be considered the same as a furred ceiling and may be reduced to six feet eight inches (6'8"). Section 1717 is amended by adding the following: MINIMUM CEILING HEIGHTS Sec. 1717. All rooms shall have a ceiling of not less than seven (7) feet measured to the lowest projection from the ceiling except as otherwise permitted in this code. Section 1718 is amended by adding the following: TRUSSES. Sec. 1718. Preparation, fabrication, and installlation of trusses shall conform to accepted engineering practices and to the requirements of this Code. No alterations, including but not limited to cutting, splic- ing, or removal of webs, gussetts, or chords, shall be made without approval of a certified engineer and the building official. Any altera- tions not acceptable to the building official shall be corrected, or the altered member removed and replaced with an acceptable method of construc- tion. Section 1807(a) is amended to read as follows: Sec. 1807.(a) Scope. This section shall apply to all Group B, Division 2 office buildings and Group R, Division 1 occupancies, each having floors used for human occupancy located more than sixty-five (65) feet above the lowest level of fire department vehicle access. Such building shall be provided with either an approved automatic sprinkler system in accordance with Section 1807(c), or safe areas of refuse (compartmentation) in accordance with Section 1807(1). Section 2311(g) is amended to read as follows: (g) Miscellaneous structures. Fences less than twelve feet (12') in height, lath houses and agricultural buildings shall be designed for the horizontal wind pressures as set forth in Table No. 23-F except that if the height zone is twenty feet (20') or less, two-thirds (2/3) of the first line of listed values may be used. For greenhouses and prefabri- IS Page 13 cated metal sheds four -hundred (400) square feet or less and twenty (20) feet or less in height, one-half (1/2) of the first line of listed values in Table No. 23-F may be used. The structures shall b designed to withstand an uplift wind pressure equal to three-fourths (3/4) of the horizontal pressure. Section 2516(f) is amended to read as follows: (f) Fire and draft stops. 1. Fire stops. Fire stopping shall be provided to cut off all concealed draft openings (both vertical and horizon- tal) and shall form an effective barrier between stories and between a top story and a roof space. It shall be used in specific locations, as follows: (1) In exterior or interior stud walls, at ceilings and floor levels. (2) In all stud walls and partitions, including furred spaces, so placed that the maximum dimension of any concealed space is not over ten feet (10'). (3) Between stair stringers and top and bottom and between studs along and in line with run of stair adjoining stud walls and partitions. (4) Around top, bottom, sides and ends of sliding door pockets. (5) In spaces between chimneys and wood framing, loose and combustible materials shall be placed in non-combustible supports, or a metal collar tightly fitted to the chimney and nailed to the wood framing maybe used. (6) Any other location not specifically mentioned above, such as holes for pipes, shafting, behind furring strips and similar places which could afford a passage for flames. Fire stops, when of wood, shall be two inch (2") nominal thickness. If the width of the opening is such that more than one piece of lumber is necessary, there shall be two thicknesses of one (1") nominal material with joint broken or one thickness of three-quarter (3/4) inch plywood with joints backed by three-quarter (3/4)inch plywood. Fire stops may also be of gypsum board, cement asbestos board, mineral wall or other approved non-combustible material securely fastened in place. 0 Page 14 2. Draft stops. In wood -frame floor construction where suspended ceilings occur, the space between the ceiling and the floor above shall be divided into areas not exceeding one -thousand (1,000) square feet in a manner required for partitioning attic space in Section 3205. Section 2907(a) is amended to read as follows: Sec. 2907.(a) Footings and foundations, unless otherwise specific- ally provided, shall be constructed of masonry, concrete or treated wood in conformance with U.B.C. Standard No. 29-3 and in all cases shall extend below the frost line. Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least six inches (6") above the adjacent finished grade. Footings shall have a minimum depth below finish grade as indicated in Table No. 29-A unless another depth is recommended by a foundation investigation. EXCEPTION 1. A one-story wood or metal frame building not used for human occupancy and not over one -thousand (1000) square feet in floor area need not be provided with a footing extending below the frost line. Table No. 29-A is amended to read as follows: NUMBERS OF FLOORS SUPPORTED BY THE FOUNDATION 1 2 3 NOTES: TABLE 29-A - FOUNDATIONS FOR STUD BEARINGI,2 WALLS - MINIMUM REQUIREMENTS THICKNESS OF FOUNDATION WALL (INCHES) Concrete Masonry 8 8 8 8 8 8 WIDTH OF THICKNESS OF FOOTING FOOTING (INCHES) (INCHES) 16 8 16 8 18 8 1. Where unusual conditions or frost conditions are found, footings and foundations shall be as required in Section 2907(a). 2. The ground under the floor may be excavated to the elevation of the top of the footing. 3. Foundations may support a roof in addition to the stipulated number of floors. Foundations supporting roofs only shall be as required for supporting one floor. Section 3205(a) is amended to read as follows: Page 15 Sec. 3205(a) Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction. The opening shall be located in a corridor or hallway of buildings of three (3) or more stories in height and readily accessible in buildings of any height. Closets are not deemed to be readily accessible. The clear opening shall be not less than twenty inches by thirty inches (20"X30"). Thirty -inch (30") minimum clear head room shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty (30") need not be provided with access openings. Section 3305(b) is amended to read as follows: 3305(b) Width. Stairways serving an occupant load of more than fifty (50) shall be not less than forty-four inches (44") clear tread width. Stairways serving an occupant load of fifty (50) or less may have a clear tread width of thirty-six inches (36"). Stairways serving an occupant load of less than ten (10) may have a clear tread width of thirty inches (30"). Handrails may project into the required width a distance of 3-1/2 inches from each side of a stairway. Item No. 21 of Table 33-A is amended to read as follows: Pools THE FOLLOWING SECTIONS OF THE UNIFORM BUILDING CODE HAVE BEEN DELETED: 1. Table No. 3-A. 2. Section 511(a)5. 3. Section 1213. 4. Section 1707(c). 5. Section 1707(d). 6. Section 1807(1). 4iS Minimum of two Access by means exits other than of a ramp or an elevators are elevator must be required where Square provided for the number of occu- feet per physically handi- Uses pants is over occupant 9 capped as indicated3 21. 50 50 for the pool Yes3 Enclosed area; 15 on the Swimming deck Pools THE FOLLOWING SECTIONS OF THE UNIFORM BUILDING CODE HAVE BEEN DELETED: 1. Table No. 3-A. 2. Section 511(a)5. 3. Section 1213. 4. Section 1707(c). 5. Section 1707(d). 6. Section 1807(1). 4iS Page 16 7. Section 4305(e) 8. Appendix Chapter 1 Appendix Chapter 7, Part II Appendix Chapter 11 Appendix Chapter 12 Appendix Chapter 23 Appendix Chapter 32 Appendix Chapter 35 Appendix Chapter 38 Appendix Chapter 49 Appendix Chapter 51 Appendix Chapter 53 Appendix Chapter 55 Appendix Chapter 57 Appendix Chapter 70 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 34st dpy of Janyry, 1984. ATTEST: .f_ It was moved by Ambrisco 'and seconded by Zuber , that the Ordinan—ce--a—s—r-e-a-& be adopted and upon roll call there were: AYES: NAYS: ABSENT: R AMBRISCO X BAKER X DICKSON T ERDAHL X MCDONALD X STRAIT �— ZUBER First consideration 1/3/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Second consideration 1/17/84 Vote for passage: Ayes: Zuber, Ambrisco, Baker, Erdahl, McDonald, Strait. Nays: None. Absent: Dickson Date published 2/8/84 Received & Approved By The legal De arhne"I IZ r c CITY CIVIC CENTER OF IOWA CITY 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.84-3171 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 31st day of January , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 8th day of February , 19 84 Dated at Iowa City, Iowa, this 29thday of February ,19 84 Ramona Parrott, Deputy City Clerk Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I. ------ ---- -------- Bronwyn S. Van Fossen. being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news. paper published in said county, and that a notice. a printed copy of which is hereto attached was published in said paper 0/71-�--- timelsl, on the fol- lowi date(s): Cashier Subscribed and sworn too before me this -2 day of_c�.�XJ , A.D. 19✓ygL. Notary Public ENWAM RIOT OFFICIAL PUBLICATION ORDINANCE N0. 84-3171 AN ORDINANCE AMENDING CHAPTER 81 ARTICLE I, THE BUILDING CODE BY ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1982 EDITION AND THE 1982 EDITION OF THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE, AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to adopt the n Orm u ng o e Standards 1982 Edition, and the 1982 Edition of the Uniform Building Code as prepared and edited by the International Confer- ence of .Building officials; to provide for the protection of the health, welfare, and safety of the citizens Of .lova City, Iowa, and provide for Its enforcement. SECTION II. ADOPTION. Subject to the following amendments, the Uniform Bu nq a a�n�ar-ds 1982 Edition, and the 1982 Edition of the Uniform Building Code era hereby adopted, and shall he know as the Iona City Building Code, or the Building Code. Interpretations of the Building Official shall be guided by the UBC. Application/Interpretation Manual. SECTION III. AMENDMENTS. Section 8-17. Amendments. The 1982 Edition of the arm Building Code is amended as follows: Section 202 is amended to read as follows: Sec. 202.(x) General. The building official is hereby authorized and directed to enforce all provisions of this code. For such purposes, he/she shall have the powers of a law enforcement officer. (b) Deputies. The City Manager shall appoint such employees as my be required, (C) Right of entry. Whenever necessary to make an inspection to ,enforce any of the provisions of this code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition Mich makes such building or premises unsafe as defined in Section 203 of this code, the building official or his authorized representative may ;enter such building or premises at all reasonable times to inspect the saw or to perform any duty imposed upon the building official by this code; provided that if such building or premises be occupied, he/she shall first present proper credentials and request entry; and if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refusal, the building officials or his/her authorized representative shall have recourse to every remedy provided by law to secpre entry. 'Authorized representative' shall include the officers named in Section 202(a) and (b) of this code. 'W6 &nes or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his/her authorized representative for the purpose of inspec- tion and examination pursuant to this code. 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The imposition of penalties herein prescribed shall not preclude the City from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use or to restrain, erect, or abate a violation or to prevent the occupancy of a building, structure, I or premises. Section 301.(b) is amended to read as follows: (b) Exempted work. A. building permit will not be required for the following: 1.. One-stary detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 144 square feet. r 2. Fences not over 6 feet high. 3. Oil derricks. 4. Cases, counters and partitions. not over 5 feet high. S. Retaining walls which are not over four (4) feet in height measured from the bottom'of the footing to the top of the wall unless supporting a surcharged or impounding flammable liquids. 6. Nater tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one (2:1). J. Platforms, walks, driveways. and patios not more than thirty (30') above grade and not over any basement or story below. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings support" by an exterior wall of Group R, Division 3, and Group N Occupancies when projecting not more than 54 inches. 11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 ga lons. Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits willbe required for the above exempted items. Exemptions from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. ,Section 304.(a) Building permit fees. A fee for each required permit ,shall be paid to the City as established by resolution of Council. 'The determination of value or valuation under any of the provisions of this code shall be Rede by the building official. The valuation to be 'used im computing the permit and plan review fee shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, elevators, fire -extinguishing systems and any othler permanent work or permanent equipment. ' (b) Plan review fee. All new construction shall be charged a plan review fee as established by resolution of City Council. Section 305(e) is amended to read as follows: (e) Required inspections. Reinforcing. steel or structural framework for any part of any building or structure shall not be covered or concealed without first obtaining the approval of the building offi- cial. The building official, upon notification from the permit holder or his/her agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his/her agent wherein the same fails to comply with this code. ' 1, FOOTING INSPECTION. To be made after trenches are excavated and forms erected and when all materials for the footings are delivered on the job. Wbere concrete from a• central mixing plant (commonly termed 'transit mixed") is to be used, materials need not be on the job. 2. FRAME INSIPECTION. To be made after the roof, all framing, fire blocking, and bracing are in place and all pipes, chimneys and vents are completed. 1 3. FINAL INSPECTION. To be made after the building is completed and ready for occupancy. ' a� � Section 307.(&) is amended to read as follows: (a) Use or occupancy. No building or structure of Group A, B, E, H, I, or R Occupancies shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until thebuilding official has issued a certificate of occupancy therefore as provided herein. _ Section 401 is amended to read as follows: Definitions. Sec. 401. General. For the purpose of this Code, certain terms, phrases, words and their derivatives shall be construed as specific in this chapter. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine :the masculine. _ Where term are not defined, _they shall have their ordinary accepted meanings within the context with which they are used. Webster's' ' New World Dictionary of the. English language, Second College. Edition, copyright 1974, shall be considered as providing ordinarily accepted meanings. Section 402 is amended to road as follows: See. 402. APARTMENT HOUSE. A structure containing three (3) or mon dwelling units. Section 407 is amended to read as follows: Sec. 407. FAMILY. One (1) person or two (2) or more persons related by blood, marriage, adoption or placement by governmental or social service agency occupying a dwelling unit as a single, housekeeping organization. A family may also be two (2), but not more than two (2) ' persons not related by blood, marriage or adoption. Section 408'is amended to read as follows.- See. ollows:Sec. 408. GUEST. An individual who shares a dwelling in a non -permanent status for not more than 30 days. Section 409 is amended as follows:. 1 Sec. 409. 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. Section 413 is amended to read as follows: Sec. 419. 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. Section 421 is amended to read as follows: Sec. 421. TRUSS is a pre -built and engineered component emloying one or more triangles in its construction, or an approved designed and engineered component that functions as a structural support member. Section 423 is amended to read.as follows: Sec. 423. VALUE or VALUATION of a building shall be the cost per square fast based upon current replacement costs as determined by the ' bi-monthly publication entitled 'Building Standards,' building valuation data and regional modifiersas set by 'Building Standards shall be utilized in conjunction with. Section 304(x), as amended, to determine 'valuation. Section 608 is amended to read as follows.; SPECIAL HAZARDS Sec. 608. Stages shall be equipped with automatic ventilators as 'required in Section 3901. Chimneys and heatingr apparatus shall conform to the requirements of • Chapter 37 of this code and. the Mechanical Code. i i Motion picture machine booths shall conform to the requirements of Chapter Proscenium curtains shall conform to the requirements set forth In U.B.L. Standard No. 6-1. Flammable liquids shall not be placed or stored in any Group A Occupancy. continued to oago on. 3 ? F 6111--Iova City Pfem&Qticeu—Wodnmdmy, February B, IAM OFFICIAL PUBLICATION Continued from Page Sg. All exterior openings in a boiler roam or room containing central heetial equipment if located below openings 1n another story or if less than 10 feet from other doors or 'windows of the same building shall be protected by a fire assembly ,having a 3/4 hour fire protection rating.. Such fire assemblies shall be fixed, automatic or self-closing. Every room contain- ing &'boiler or central heating plant shall be separated from the rest of the building by not less than one (1) hour fire resistive occupancy separation. EXCEPTION Boilers or central heating plants wherethe largest piece of fuel equipment does not exceed 400,000 .BTU per hour input. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved autwaffic-closing smoke damper'lden having openings into more than one atmosphere. All automatic -closing fire assemblies installed in the atmospheric separation shall be activated by approved detectors of products of combustion other thaw heat. Section 708 1s amended to read as follows: SPECIAL HAZARDS Sec, 708. Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and. the Mechanical Code. No Storage of volatile flaomable liquid shall be allowed in Group B. Division 1, 2 or 3 occupancies and the handling and use of gasoline, fuel oil and other flammable liquids shallnot be permitted. in any Group B Occupancy unless such use and handling comply with U.B.C. Standard No. Devices generating a glowor flame, capable of igniting gasoline vapor shall notbe installed or used within 48 inches of the floor in any room i in which volatile flammable liquids or gas are. used or'storad. Every roam containing a boiler or central heating plamit .shall be separated from the rest of the building by not less than a one hour fire -resistive occupancy separation. EXCEPTION: Boilers or .central heating plans where the largest piece of fuel equipment does not exceed 400,000 BTU per hour input. Buildings erected or .converted to house high piled combustible stock shall comply with the Fire Code. Ducts. penetrating atmospheric separation walls as, defined in Section 802, partitions or floors shall be. .equipped with an approved automatic -closing smoke damper when having openings into mare than one atmosphere. All automatic -closing fire assemblies installed to the atmospheric separation wall shall be .activated by approved detectors of products of combustion other than heat. Section 709(b) is amended to read as follows: , (b) Definition. For the purpose of this section, an open parking garage is a structure of Type I or Type 11 construction ,.which is open on two (2) or more sides totalling not less than forty (40) percent of the building perimeter and which is used.exclusively for parking or storage of private pleasure cars.. For a side to be considered open, the total area of :openings distributedalong the, side shall be not less than 50Zof the exterior wall of the. side at each tier. EXCEPTIONS: 1. The grade level tier may contain an office, waiting and toilet rooms having a total area of not more than one thousand (1000) square feet and such area need. not be separated from the open parking garage. 2. Publicly owned parking garages may contain an office, waiting and toilet rooms having a total area of more than one thousand (1000) square feet when proper area separation is provided and approval of the. building official is obtained. 3. Where in the opinionof the building official the total area of openings required for natural ventilation of thegarage can -�- - be achieved by' means- other than construction allowing fifty (50) percent of the exterior area of each side to beopen at each tier, said alternatives shall be considered as meeting the definition of an open parking garage. Open parking. garagesare further classified as either ramp -access or mechanical -access. Ramp -access open parking garages are those employing a series of continuously rising floors or a series of interconnecting ramps between floors permitting the movement of vehicles under their own power from and to the street level. Mechanical -access parkinggarages are those employing parking machines, lifts, elevators or other mechanical devices for vehicles moving from end to street level and in which public occupancy is prohibited above the street level. SPECIAL HAZARDS - �— -------- -- -- - --" - Sec. 908. Chimneys and heating apparatus. shall conform to the requirements. of Chapter 37 of this code .and the Mechanical Code. Every boiler or central heating. plant shall be separated from the rest of , the building by a two (2) hour fire -resistive occupancy separation.. In, Divisions I. and 2, there :shall be no openings in such occupancy separations except for necessary ducts and. pipings. In 'any roan in a Group H, Division 1, 2 or 3 occupancy in which volatile, flammable liquids or hazardous. materials, are 'storedor used. no energy + consuming equipment shall be used unless such equipment hasbeen listed, specifically for the. hazardous atmosphere that may develop. In .Division 4 Occupancies devices which generate a spark dor glow capagle Of igniting gasoline :vapors shall not be installedor used within forty-eight (48') of the -floor. The .use, handlingand sale of class I, I::I and IIIA -A. liquids shall,. be in accordance with U.B.C. Standard Ho.. 9-1and the Fire Code. _ Orycleaning, plants shall' conform to the provisions of U.S.C.. ;Standard No. 9-2 and theFire Code. ' Equipment or machinery which generatesor emits combustible or explosive dust or fiber shall be provided with an adequate dust -collecting, and exhaust system installed in conformance with U.B.C. Standard No -9-3. The storage and handling of cellulose nitrate. plastic other than film shall be in. accordance with the �Fire Code . Storageand handling of combustible fiber in amounts .beyond', the exemptions in Table No. 9-A .shall' be in accordance with the Fire Code. Combustible fiber storage roams or vaulti having a capacity exceeding 500 cubic feet .shall be separated from the remainder of the building, by a two -)hour fire -resistive occupancy separation. Buildings erected or converted to house high -piled combustible stock shalt comply with the Fire Code. r Ducts penetrating atmospheric .separation walls as defined' in Section) 802,' partitions or floors shall be equipped with an approved. automatic -closing, smoke damper when having openings into more than one. atmosphere. All , automatic -closing fire assemblies installed in the atmospheric separation' shall- be activated by approved. detectors of 'products of combustion other' than, heat.. Section. 1808 is amended to read as follows: SPECIAL HAZARDS Sec.' 1008: Chimneys and heating apparatus shall conform to the; requirements ofChapter37 of this code and the Mechanical. Code.. Motion picture machine roams -shall conform to the requirements 40. of Chapter, Storageof volatile flammable liquids shall not be allowed' in Group I, Occupancies and the handling of such liquids shall not be permitted in any, Group I Occupancies in quantities more than one gallon unlesssuch handling complies. with U.B.C. Standard No. 9::-1, All exterior openings in a boiler room or room containing central heating equipment if located below openings in another story, or if less than ten., feet (10') from other doors or windows of the same building, shall be protected by a fire assembly having a three-fourths hour (3/4) flrq-protection rating.. Such fire, assemblies shall be fixed, automatic and=self-closing. Every room containing a boiler or cohtral heating plant shall be separated from the restof the building by not less than a one (1) hour fire -resistive .occupancy separation, EXCEPTION ' Boilers or central heating plants where the largest piece of equipment does. not exceed.' 400,000 BTU per hour input. Ducts penetrating atmospheric separation walls as defined in Section. 802, partitions or floors shall be equipped with an approved automatic -closing smoke. damper when having openings into more .than one atmosphere. All automatic -closing fire assemblies installed in the atmospheric. .separation shall be ,activated by approved detectors of products of combustion other . than heat. Section 1201, Division 1, is. amended to :readas follows: Division 1., Hotels, apartment houses. and, roaming, houses. Convents w S�- gr OFFICIAL PUBLICATION land monasteries (each accommodating more than ten persons).. 1 Section 1204. is amended to read as follows: +Exit. Facilities 'Sec. 1204. Stairs, exits and smokeproof enclosures shall be as specified in Chapter 33. Every -sleeping room below the fourth story shall have at least one' 'operable window or exterior door approved for emergency .escape. or rescue. The units shall be operable from the inside to provide a full Clear ]Open ng'without. the use of separate,2ools.. • - . •All escape or rescue .windows frau sleeping roams :shall have, a minimum net clear opening.,of 5.7 square feet. The minimum net clear opening height. dimension shall- be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where :windows are provided as a .means of escapeor rescue. they shall have a finished .sillheight not More 'than 44 inches above the floor. Bars, grilles, grates or similar devices may be installed on an emrgency " escape or rescue windows or doors, provided: 1. Such devices are equipped with approved release mechanisms. which are .openable from the. inside without the use of a key or special knowledge ' or effort•. and 2.. The building is equipped w.itA smoke detectors installed in accordance with Section 1210.. EXCEPTION In R-3 occupancies, all' egress or, rescue windows from sleeping roams shall have a minimum net clear opening of 6.7 square feet.: The minimum net clear openable area shall .have no dimension. .less than 22 inches or shall not have less than. a 20 inch horizontal or a 24 inch vertical dimension. Where windows are provided as a. meansof egress or rescue they -shall have a finished sill height. not more than 44 inches' above the floor. Section. 1205'.:(x) is amended to read as follows: Light, Ventilation and Sanitation Seo. 1205.(a) Light, Ventilation and Sanitation. All guest roams,. dormitories and .habitable .rooms within a dwelling unit shall be .provided with natural light by means of exterior glazed openings with an area not less than eight percent (8S) of the floor area of such roans • with a minim mm of eight (8) square feet. All bathrooms, water closet cgmpart- ments, laundry rooms andsimilar .rooms shall: be provided with .natural ventilation by means of openable exterior openings with an area not less than one -twenty -fifty (1/25:) of the floor area of such room with a minimum of one and one-half (1-1/2),square, feet. All guest rooms, dormitories and habitable._ rooms within a dwellingunit, shill' be provided with'natural ventilation by means -of openable exterior] openings with an area of not less than one -twenty-fifth ;(]/25)- of the, floor area of such rooms with. a minimum of four ,(4) square feet.: I In lieu of required exterioraopening;; for natural ventilation, a, mochani-, cat ventilatingsystem my be provided. Such system shall be capable of providing two (:2) air changes per flour in ala guest rooms, dormitories, habitable rooms and in. public Corridors, One-fifth (:1/5) of the air supply shall be taken from the outside. In bathrooms„ water closet' compartments, laundry roomsand similar rooms a mechanical ventilation, l system connected directly to the outside, capable of providing five' (5) 'pair changes per hour, shall be provided. For the purpose, of determining' light: and ventilation requirements any room may be considered as a. portion of an adjoining room,.when one-half (:1/2) of the area of the common wail is, iopen and unobstructed and provides an opening'. of not less than eight (8) percent of the floor area of the interior room or twenty-five (25) square :feet„ whichever is greater. ;Required exterior openings for natural, light; and'ventllati on shalt open, directly onto a street or public alley or a yard or court located.. on the, sane lot as the building. EXCEPTIONS 1. Required windows may open.. onto a roofed porch where the porch:, a, abuts a street, yard, or court, b. has a catling height of :not. Jess than seven (7) :feet; and ' c.. has the longer side at least sixty five. (65) percent'open and unobstructed:. 2. Kitchens need not be provided with natural. light by means of exterior glazed oppenings provided that a mechanical ventila- tion system capable of providing two _(2) air changes per hour and artificial lighting is provided. Section 1207(x) is amended to read as follon 4-a_ Al -3171 ROOM DIMENSIONS f j SEC. 1207.(a) Ceiling Heights. Habitable space shall have ami ceiling height of not fess -than seven. feet six inches (7'6') except as otherwise permitted in this. section. Kitchens, halls, bathrooms; and toilet compartments may have n ceiling height of not less than 4even (7) 'feet measured to the lowest projection from the. ceiling. Where exposed beam ceiling members are spaced at less than forty eight (4e)'on center„ Ceiling height shall be measured to the bottom of these, members. Nhera ixposed beam ceiling members are spaced. at forty-eight (48) inches or mor: on center, ceiling height shall be measured to the bottom of :the deck. 'supported by thesemembers, provided that the bottom of the members is mot' less than seven (7). feet above the :floor. ' f If any room in a building has a sloping ceiling, the prescribed .ceiling height for the room. is required in only one-half (1/2) the area. thereof. No portion of the room measuring less than five (5) feet from the finished floor 1:6 the finished ceiling .shallbe, includedinany computation of the minimum area thereof. If any room has a furred .-ceiling. 'the prescribed •ceiling, height is required in two-thirds (2!3) thearea -thereof, but in no caseshall the height of the furred ceiling be less than seven (7)- feet. EXCEPTIONS , The main support beam shall be considered the same as 'a furred Ceiling andmay be, reduced tosix feet eight inches (6'8`)'. Section 1717 is, amended by adding the following: MINIMUM CEILING ,.HEIGHTS , Sec. 1717• All rooms shalt have .a ceiling of not less than seven '(7). feet measured to the lowest projection from the ceiling. .except as ,otherwise permitted. in this: code.. - i Section 1718 isamended by adding the following: .TRUSSES. , Sec. 1718, Preparation, fabrication, and installlation of trusses {shall conformto accepted eng.inearing practices and to the requirements of this .Code. No alterations, including but, not limited to cutting, split Ong, or removal of webs, guisetts, or chords;, shall bemade without ,approval of a certified engineer and the building official, Any altera- tions hot acceptable to the building official shall be corrected, or the alteredmember removed and replaced with An acceptable method of Construc- tion. _ 1 Section, 1807(a) is amended. to read as follows:, See, 1807,(x) Scope, This section shall' apply to all ,Group B, )Division 2 office buildings ,and Group R. Division 1 occupancies, each having floors used for human occupancy. 'located more than sixty -five -(65) feet above the lowest level of fire department vehicle access. Such building shall be provided with .either, an approved'. automaticsprinkler system in accordance with Section 1807(9),,,. or safe areas., of refuse '(compartmentation), in accordance with. Section 1807(1), Section Z311(g) is amended' to read as. folrlows:. (g) Miscellaneous structures. Fences less than twelve feet (12') in height, lath houses sand agricultural buildings shall be: designed for the horizontal, wind pressures as set forth in Table No. 23-P except. that if the height zone is twenty feet (20'). or less,. two-thirds (2/3)' of the first line of fisted values may be used. For greenhouses -.and prefabri- cated metal sheds. four -hundred (400) square feet or less and'twenty•.(20) feet or less in height, one-half,(1/2) of the first line of lasted values in. Table No. 23-F maybe used. The structures, shall b. designed to withstand an uplift wind pressure equal to three-fourths (3/4) of the horizontal ;pressure. Section 2516(f), is amended to read as follows: ,(f) Fire and draft stops. I, Fire stops. Fire stopping shall be provided to cut off All concealed draft openings (both vertical and horizon- tal) and shall form an effective barrier betweei stories and between a top story and a roof space. It shall be used in specific locations, as follows; (1) In exterior or interior stud walls, at Ceilings and floor levels. -.. —. _---- (2) In all ,stud walls and partitions. including furred Spaces, so placed that the maximum dimensionof any concealed space is :not. over ten feet. (10':), (3) Between .stair stringers and top and _bottom and between studs along and in line with run of stair adjoining stud walls and partitions. (4). Around top, bottom,. sides and ends of sliding door' ` p - ,pockets. j (5) In spaces between. chimneys aad_-.wld *- a=M JUPOT7elD Asa1o��.`--llap Bonq ag3'p)es ag'sal1um ON saTIO291173 Jagao ,,* S.11tmoa ettaIn asod 11e 3o3 sa iniis Sututloap pu , sluem sliatdap aenoadmid Sega 91178.1111 -bed lsa.talut pug sa3tn3as tpleaq RN SDIEnt17ea auo Aioq uo spuad . 'asua;ap teuolasu ,ioj IaSpnq Big to -amp iaetsueagl `maao pings tessan sa3egs 8uist3 io3 uva salagod luoui -01 BID uo0s eioq of SV,, 'Pigs -tau-u lano8 'iva.lma pies liodou oqy uoa `mahop 01 ylodaJ etau 9 UI „*aujoq aq „•paR18A0J aq lsnm legl 0931103 of em, suapmq mel leuotUppe galli a 17 asiana.I of anota mm,, 'lgap pus slaeq poleas aq oa ase sluam apgnd agl Salaaetttd 3o sjsa ISO 9,� - 3/7/ 7 'Y' 0 $15/12.50/10/7/4:50 UI Students Hancher Cafe $17/14.50/12/9/6.50 Nonstudents "Coffee of the Month" CAPPUCCINO "AM1111-1116,111POLhAn 0 LeM Morel through Hancher's Outreach programs: Performance Day Conference Postpetformance Discussion "Master Harold: Mirror Image with Dr.. Wilbur Wilcox "" `ugy$ a.idoi jo p9o.1 4uedn22o. up 6uln+as 54en+4UiS '43P11l (q)50EE , :Sho L{o; SO pea+ 04. 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Preperformanee Discussion "A Lesson Frrom Aloes'+ with Joe Ascroft, Professor of Also written by Athol Fugard. journalism, 7:00 p.m.: (FREE Receive a $1 discount for this. tickets available from the tion .University Theatres production office) when you buy your "Master Harold" ticket. "" `ugy$ a.idoi jo p9o.1 4uedn22o. up 6uln+as 54en+4UiS '43P11l (q)50EE , :Sho L{o; SO pea+ 04. 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BE IT ORDAINED and enacted by the Mayor and Council of the City of Iowa City, State of Iowa, as follows: ARTICLE I Unless the context specifically indicates otherwise, the meaning of 'terms used in this ordinance shall be as follows: Sec. 1. "Act" or "the Act" shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. (United States Code) 1251, et. seq. Sec. 2. "Approval Authority" shall mean the Executive Director of the Iowa Department of Water, Air and Waste Management. Sec. 3. "Authorized Representative of Industrial User" shall mean: (1) A principal executive officer of at least the level of vice-president, if the Industrial User is a corporation; (2) A general partner or proprietor if the Industrial User is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. Sec. 4. "Biochemical Oxygen Demand" ("BOD") shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20° Centigrade, expressed in milligrams per liter. Sec. 5. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage -1- S� system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. Sec. 6. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called "house connection". Sec. 7. "Categorical Standard" shall mean National Categorical Pretreatment Standard or Pretreatment Standard. Sec. 8. "City" shall mean the City of Iowa City, Iowa. Sec. 9. "Cooling Water" shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. Sec. 10. "Control Authority" shall mean the Superintendent, defined hereinafter. Sec. 11. "Consistent Removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in samples taken and measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations (CFR), Part 403 -"General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. Sec. 12. "Direct Discharge" shall mean the discharge of treated or untreated wastewater directly to the waters of the State of Iowa. Sec. 13. "Environmental Protection Agency" (EPA) shall mean the U.S. Environmental Protection Agency, or where appropriate, the Administrator or other duly authorized official of said agency. Sec. 14. "Grab Sample" shall mean a sample which is taken from a waste stream on a one-time -2- basis with no regard to the flow in the waste stream and without consideration of time. Sec. 15. "Holding Tank Waste" shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum -pump tank trucks. Sec. 16. "Indirect Discharge" shall mean the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317), into the POTW, including holding tank waste discharged into the system. Sec."17. "Industrial User" shall mean a source of Indirect Discharge which does not constitute a "discharge of pollutants" under NPDES regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342). Sec. 18. "Interference" shall mean the inhibition or disruption of the POTW treatment program or operations which are the primary cause of a violation of any requirement of the City's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA, 42 U.S.C. 6901, et. seq.), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. Sec. 19. "May" is permissive. (See "shall"). Sec. 20. "National Categorical Pretreatment Standard" or "Pretreatment Standard" shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users. Sec. 21. "National Pollution Discharge Elimination System" (NPDES or NPDES Permit) shall mean -3- a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). Sec. 22. "National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard" shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5. Sec. 23. "New Source" shall mean any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) National Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is pro�gat� than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard. Sec. 24. "Person" shall mean any owner, individual, firm, company, association, society, corporation, or group. Sec. 25. "pH" shall mean the logarithm of the reciprocal of the hydrogen ion concentration expressed in grams per liter of solution. Sec. 26. "Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt or industrial, municipal, or agricultural waste discharged into water. Sec. 27. "Pollution" shall mean the man-made or man - induced alteration of the chemical, physical, biological, and radiological integrity of water. Sec. 28. "Pretreatment" or "Treatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant -4- properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except dilution. Sec. 29. "Pretreatment Requirements" shall mean any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. Sec. 30. "Publicly Owned Treatment Works" (POTW) shall mean a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this ordinance, a POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW. Sec. 31. "POTW Treatment Plant°. shall mean that portion of the POTW designed to provide treatment to wastewater. Sec. 32. "Shall" is mandatory. (See "may"). Sec. 33. "Significant Industrial User" shall mean any Industrial User of the City's wastewater disposal system who (1) has a discharge flow of 50,000 gallons or more per average work day, or (2) has a flow greater than 5% of the flow in the City's wastewater treatment system, or (3) has in his wastes significant quantities of toxic pollutants, or (4) is found by the City, the Iowa Department of Water, Air and Waste Management or the EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system. -5- A Sec. 34. "Standard Industrial Classification" (SIC) shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. Sec. 35. "State" shall mean the State of Iowa. Sec. 36. "Storm Water" shall mean any flow occurring during or following any form of natural precipitation and resulting therefrom. Sec. 37. "Superintendent" shall mean the Pollution Control Superintendent of the City of Iowa City, or his/her authorized deputy, agent or representative. Sec. 38. "Suspended Solids" shall mean the total suspended matter that either float on the surface of, or are in suspension in water, wastewater, or other liquids and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. Sec. 39. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act, under other Acts mentioned in this ordinance or under Iowa statutes and rules. Sec. 40. "User" shall mean any person who contributes, causes or permits the contribution of wastewater into the City's POTW. Sec. 41. "Wastewater" shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water -carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present. Wastewater is also commonly known as "Sanitary Sewage." -6- Sec. 42. "Waters of the State" shall mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof. ARTICLE II Sec. 1. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this ordinance. Sec. 2. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standards. The City may then modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the Approval Authority is obtained. Sec. 3. An Industrial User may not contribute to the POTW any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used. -7- 6U Sec. 4. No Industrial User shall discharge wastewater causing the following limitations to be exceeded at the POTW Treatment Plant influent when measured in a 24-hour composite sample: a. 15 mg/l aluminum b. 0.006 mg/l arsenic C. 2 mg/l barium d. 0.003 mg/l cadmium e. 0.16 mg/l total chromium f. 0.24 mg/l copper g. 0.1 mg/l cyanide h. 10 mg/l iron 1. 0.1 mg/l lead j. 10 mg/l manganese k. 0.001 mg/l mercury 1. 0.1 mg/l nickel m. 4 mg/1 phenol n. 0.1 mg/l selenium o. 5 mg/l silver p. 0.3 mg/l zinc mg/l = milligrams per liter If the potable water supply exceeds the established limitations, Industrial User discharge limitations shall be based on POTW performance and sludge disposal criteria. Sec. 5. No Industrial User shall discharge wastewater having a pH lower than 6.0 or greater than 10.5 or having any other corrosive property capable of causing damage or hazard to POTW structures, equipment or personnel. Sec. 6. No Industrial User shall discharge any wastewater causing the water pollution control plant influent wastewater temperature to exceed 40° C (104" F). Sec. 7. When required by the Superintendent, an Industrial User shall install a suitable control manhole together with such necessary meters, samplers and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the flows. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in IM 65 accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. Costs incurred by the City for sampling, data recovery and analysis shall be assessed to the Industrial User. Sec. 8. State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this ordinance. Sec. 9. The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this ordinance. Sec. 10. No Industrial User shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this ordinance, in the Federal Categorical Pretreatment Standards, or in any other pollutant -specific limitation developed by the City or State except where expressly authorized to do so by an applicable standard or limitation. Sec. 11. Each Industrial User shall provide protection from accidental discharge of hazardous quantities of pollutants, prohibited materials or other substances regulated by this ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or Industrial User's own cost and expense. Detailed plans showing appropriate disposal facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. All existing Industrial Users shall complete such a plan within 365 days following the effective date of this ordinance. No Industrial User who -9- 6� commences contribution to the POTW after the effective date of this ordinance shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the Industrial User from the responsibility to modify the Industrial User's facility as necessary to meet the requirements of this ordinance. Sec. 12. In the case of an accidental discharge, the Industrial User shall immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and .corrective actions. A notice shall be permanently posted on the Industrial User's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. Within five (5) days following an accidental discharge, the Industrial User shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the Industrial User to prevent similar future occurrences. Such notification shall not relieve the Industrial User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the Industrial User of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. ARTICLE III Sec. 1. No Significant Industrial User shall connect to or contribute to the POTW after 180 days following the effective date of this ordinance unless the Industrial User's discharge has been specifically accepted by resolution of approval by the City Council. 5to /� 0 Sec. 2. Industrial Users seeking acceptance of their discharges shall complete and file with the City an application for a resolution of approval i1. the . form prescribed by the City. Proposed new Significant Industrial Users shall request a resolution of approval at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the Industrial User shall submit, in units and terms appropriate for evaluation, the following information: a. Name, address, and location (if different from the address); b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; c. Wastewater constituents and characteristics including, but not limited to, BOD, Suspended Solids, those mentioned in Article II of this ordinance and any other pollutant which would inhibit plant performance, affect low rate sludge quality or affect water quality standards as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; d. Time and duration of contribution; e. Average daily, maximum daily and peak hourly wastewater flow rates, including daily, monthly and seasonal variations if any; f. Site plans, floor plans, mechanical and plumbing plans and details to show sewers, sewer connections, and appurtenances to the extent and detail as requested by the Superintendent; g. Description of activities, facilities, laboratories and plant processes on the premises including all significant -11- wai materials which are or could be discharged; h. Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (0&M) and/or additional pretreatment is required for the Industrial User to meet applicable Pretreatment Standards; i. If additional pretreatment and/or operation and maintenance will be required to meet the Pretreatment Standards, the shortest schedule by which the Industrial User will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established. The schedule shall contain increments of progress .in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Industrial User to meet the applicable Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No increment of progress shall exceed 9 months. Not later than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than 9 months elapse 'between such progress reports to the Superintendent. -12- /9 The City will evaluate the data furnished by the Industrial User and may require additional information. After evaluation and acceptance of the data furnished, the City Council may adopt a resolution of approval accepting and limiting the industrial wastewater discharge. Industrial Users with resolutions of approval shall report significant changes in operations, wastewater constituents and characteristics to the City. Sec. 3. Industrial Users subject to National Categorical Pretreatment Standards shall submit to the Superintendent within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by paragraphs (h) and (i) of Section 2 of Article III. Sec. 4. All provisions of this ordinance shall be expressly subject to all other applicable regulations, user charges and fees established by the City. Sec. 5. The terms and conditions of discharge limitations in resolutions of approval may be subject to modification by the City as limitations or requirements identified in Article II are modified or other just cause exists. The Industrial User shall be informed of any proposed changes in his specific limitations at least 30 days prior to the effective date of change. Any changes or new conditions in the specific limitations shall include a reasonable time schedule for compliance. Sec. 6. Industrial User discharge limitations shall be assigned to a specific Industrial User for a specific operation. A specific limitation shall not be reassigned or transferred or sold to a new owner, new Industrial User, different premise, or a new or changed operation without the approval of the City. Any succeeding owner or Industrial User shall also comply with the terms and conditions of the existing specific limitations. Sec. 7. Within 90 days following the date for final compliance with applicable Pretreatment -13- 170 Standards, any Industrial User subject to Pretreatment Standards and Requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the Industrial User's facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional 0&M and/or pretreatment is necessary to bring the Industrial User into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the Industrial User and certified to by a qualified professional. Sec. 8. Any Industrial User subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of measured daily flows during the reporting period. At the discretion of the Superintendent and in consideration of factors such as local high or low flow rates, holidays or budget cycles, the Superintendent may agree to alter the months during which the above reports are to be submitted. Sec. 9. A resolution of approval may be revised to impose mass limitations on Industrial Users which are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Article III, -14- Section 7 shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the Industrial User. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be as prescribed in the applicable Pretreatment Standard. All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Sec. 10. Industrial Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the Industrial User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the Industrial User's initiation of the changes. Sec. 11. All records relating to compliance with Pretreatment Standards shall be made -Is- �a ^` available to officials of the EPA or Approval Authority upon request. Sec. 12. Information and data on an Industrial User obtained from reports, questionnaires, applications for resolutions of approval, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the Industrial User specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the Industrial User. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this ordinance, the National Pollutant Discharge Elimination System Permit, State Disposal System permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall not be retained by the City or transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the Industrial User. ARTICLE IV Sec. 1. The City may suspend the wastewater treatment service and/or repeal resolutions of approval when such suspension or repeal is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, to the POTW, causes -16- 73 interference to the POTW or causes the City to violate any condition of its NPDES Permit. Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the building sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the wastewater treatment service upon proof of the elimination of the non -complying discharge. A detailed written statement submitted by the Industrial User describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within 15 days of the date of occurrence. Sec. 2. Any Industrial User who violates the following conditions of this ordinance, or applicable state and federal regulations, is subject to having his wastewater treatment service revoked in accordance with the procedures of Article IV, Section 1 of this ordinance: a. Failure of a Industrial User to factually report the wastewater constituents and characteristics of his discharge; b. Failure of the Industrial User to report significant changes in operations, or wastewater constituents and characteristics; c. Refusal of reasonable access to the Industrial User's premises for the purpose of inspection or monitoring; or, d. Violation of conditions of this ordinance. Sec. 3. Any person found to be violating any provision of this ordinance shall be served with written notice by the Superintendent and said notice shall conform with Chapter -17- �y 2 of the Iowa City Code of Ordinances (1979) and state the nature of the violation and provide a specific time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Hearing appeal rights and judicial review shall be in accordance with the procedures set forth in Section 2-184, et seq. of the Iowa City Code of Ordinances (1979) and shall be heard by the City Manager. Nothing in this section shall prohibit Emergency Orders under Section 2-188 of the Iowa City Code of Ordinances (1979). Sec. 4. Any person who shall continue any violation beyond the time limit provided for in Article IV, Section 3, shall be guilty of a simple misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) or thirty (30) days in jail for each violation. Sec. S. Any person violating any of the provisions of this ordinance shall become liable to the City of Iowa City for any expense, loss, or damage occasioned the City of Iowa City by reason of such violation. The amounts of any such expenses, losses, or damages to the City shall be fixed and determined by the City Council. The City Manager, or the Superintendent in the event there has not been an appeal, shall furnish a report to the City Council setting forth the items and amounts of any such expenses, losses, or damages. Sec. 6. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall be guilty of a simple misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) or thirty (30) days in jail for each violation. 50 %5, ARTICLE V Sec. 1. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. ARTICLE VI Sec. 1. If any section, provision or part of the ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. ARTICLE VII Sec. 1. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 14th day of February 1984 . ATTEST: —City C er The foregoing Ordinance No. 84-3172 was adopted by the Council of the City o owa i ty, Iowa, on the 14th day of Februa , 1984, wassig en d by the mayor on theth day of Feb 193x, and was pu i-bi'soedinn the Iowa y re ss- tizen, a newspaper of general circulation and published in the said City of Iowa City, Iowa, on the 22ndday of February , 19 84 ity Cler (SEAL) received & A.i:nsavad By The 3u;;s -19- 42-4—`E�..)�l,J. '76 It was moved by Erdahl , and seconded by Strait , that the Ordinance as read e adopted and upon roll call t ere were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT x Z[BER First consideration 12/20/83 Vote for passage: Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. Absent: None. Second consideration 1/3/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Date published 2/22/84 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3172 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of February , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 22nd day of February , 19 84 Dated at Iowa City, Iowa, this 29thday of February ,19 84 . am na Parrott, Deputy City Clerk Printers fee 69� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS•CITIZEN 1 Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news. paper published in said county, and that a notice, a printed_ copy of which is hereto attached, was published in said paper time(s), on the fol - 10W date(s): l� Cashier Subscribed and sworrnn to before me this AD day of A.D. Notary Public No. Lao/5 .97 Sec, 12. Sec. 13. Sec. 14, OFFICIAL P61 LICATION - OA]1NAlIC N0. 8d-317 rrAN ORDINANCE Ak' - DISCHARGE i Sea 35. ' +TO THE NINICIP -SYSTEM FOR SERTAIN NON-DwES AND THROUGH '_ENFORCEMENT OF GENEpALr,gWRENENTS FOR i 'OTHER USERS AND P ING ENFORCEMENT' `.THEREOF: IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE gFJOWA. Sec. 16. ;'QBE IT ORDAINEDendeanatted by the Mayor -'arid Council of t City of IOWA City, is Of Iowa, as' lows; --ARTICLE I `W, p ess a contentspecifically indicates otherwise, the maning of terms used 1n this ordinance atoll be as follows: Sec. •1. Act' or "i Act' shall "in the Sec. 17. Federal water Pollution Control Act, also known as the Clean r Water Act, as amended, 33 U.S.C. (United States Code) 1251" et. See. 2. .Approvq Authority.' shall mean the Executive Directorof the .i uiH Iowa Department of Water, Air and Waste Management. P; gat. 3. Authorized Representative o{ ter„ IndusRti'}al�:l Mfr', shall main:: (1 `1 %•+. A. prMMIA executive officer of at least the level of vice• -r• a_ president, if the Industrial User is a gorpurAtion; (2) A general r.l tner or proprietor 11T. the Mustrlal User is a partnership or proprietorship, respectively; •4;3v (3) A dally authorized representative'.oqty- the'individual MrqsIoseetitivted 6,bbJ responsiblefuch or,the 'Overall operation of the tacll hies from Mich the indirect discharge originates. Sec. a. 'Bi Ochemfcal Oxygen Demand' a..b, ('BOD') shall mean the quantity •,;a d of oxygen utilized 1n the nP yy� ua biochemical oxidation of organic I tnm r matter under standard laboratory'••' ear 1 procedure In five (S)'days at 20' • n "be Centigrade, expressed in eaej • rams milli g per liter. iy Sec. oi. 'Building Drain' shall mean that pig; of the lowest horizontal , P ping of a drainage system Mich uA receives the discharge from soil, waste and other drainage Pipes -r r inside the walls of the building •c and conveys ,it to the building sewer, beginning live (5) feet . y (1.5 Meters) outside the inner -,,face of the building wall. 6. Building Sewer' shall mean the extenHgn few the building drain to the public sewer or other place of disposal, also called Sec. •'7. -Sec. 8. 'City" S Iowa City Sec'. 9. ,Cooling water di such as A - = or refrig or I' shell mean PretreatuRt dean the city of Sec. 18 ILICATION added is heat. Drity' shall mea,. tendent, defined 'Consistent Removal' shall meani reduction to the amount of a' Pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in, the effluent which is achieved by the system in samples taken and measured according to the. procedures set forth in Section 403.7(c)(2) of Title 40 of the t Code -of Federal Regulations (CFR), Part 403 -'General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. ' "Direct Discharge' shall mean the discharge of treated or untreated ' wastewater directly to the waters of the State of Iowa, 'Enviromental Protection Agency' (EPA) shall mean the U.S. Environmental Protection Agency,i or where appropriate, the Administrator or other duly authorized official of sold agency. Grab Sample" shall mean a sample Mich is taken from a waste I stream on a one-time basis with no regard to the it ow in the waste stream and without consideration of time. 'Holding Tank Waste' shall meah any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks. 'Indirect Discharge' shall mean the discharge or the introduction of nondomestic pollutants few ' any source regulated under i Section 307(b) or (c) of the Act 133 U.S.C. 1317), into the POTW, including holding tank waste ) discharged into the system. , Industrial User' shall mean a source of Indirect Discharge which does not constitute a "discharge of pollutants" under NPDES regulations, issued pursuant to Section 402 of the Act (33 U.S.C. 3342). Interference' shall mean the inhibition or disruption of the POTW treatment program or operations Mich are the primary cause of a violation of any requirement of the City's NPDES i Permit. The term includes prevention of sewage sludge use or disposal by the POTW to accordance with Section 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines, or regulations developed pursuant to i Standard" or "Prohibitive I Discharge Standard' shall mean eq, regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section, shall mean the (Sec. 23. 'New Source" shall man any , few any use _— _.sNrce-rh .nn•r+, rrmom as .v.+„w ,. :ioning, cooling or to Mich the Substances Control Act, or more' stringent state criteria (including those cont4lwd in any, - State sludge managamMt plan prepared pursuant to Tige IV ofi SWOA) applicable to the ABhod of disPOaal or use mnploycd by the POTW. Sec. 19, May" is permissive" (sae, Shall"). Sed, 20. 'National Categorical Pretreatment Standard' or "Pretreatment Standard' IMI 11 moan. any regulation containing Pollutant discharge limits Promulgated by the EPA in accordance with Section 307(b)1 and (c) of the Act,'(33 U.S.C.' 1347) Mich applies to a specific I category of Industrial Users. See. Ii. 'National Pollution Of. Mrge I Elimination System' (NPDES or - NPDES Permit) shall mean a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). Seo. Bt. "National Prohibitive Discharge i Standard" or "Prohibitive I Discharge Standard' shall mean eq, regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section, shall mean the (Sec. 23. 'New Source" shall man any , few any use _— _.sNrce-rh .nn•r+, rrmom as .v.+„w ,. :ioning, cooling or to Mich the Sec. 27. 'Pollution' shall mean the Am made or man -Induced alteration of the chemical, physical, biological, and radiological integrity of water. 'Sec. 28. "Pretreatment' or "Treatwnt" I shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or In lieu of discharging or otherwise Introducing such pollutants Into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except dilution. Sec. 29, 'Pretreatment Requirements' shall mean any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on in industrial user. Sec. 30.°Publicly Duned Treatment Works (POTWI shall mean a treatment Marks as defined by Section 212 of the Act (33 U.S.L. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes -of this ordinance, a POTW shall also Include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW. See. 31, POTW Treatment Plant' shell mean that portion of the POTW designed to provide treatment to wastewater. Sec. 32. Shall' 1s mandatory. (See 'may'), Sec. 33. 'Significant Industrial User" ' shall mean any Industrial User of the City's wastewater disposal system who (1) has a discharge flow of 50,000 gallons or more per average work day, Or 121 has a flow greater than 5% of the flow In the City's wastewater treatment system. or (3) has In his wastes sinificant quantities of toxic Pollutants, or (41 1s found by the City, the Iowa Department of Water, Air and Waste Management or the EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the syste: s effluent quality or air emissions generated by the system. Sec. 31, *Standard Industrial Classification' (SIC) shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. Sec. 36. "State' shall mean the State of 1ow4. Sec. 36. "Storm Water' shall mean any flow dccurring during or following any form of natural precipitation and resulting therefrom. Sec. 37. 'Superintendent" scall mean the Pollution Control Superintendent of the City of Iowa City, er his/her authorized dePuty, agent or representative. Sec. 38. 'Suspended Solids' shall seem the total suspended matter that either float on the surface of, or are in suspension in water, wastewater, or other liquids and which are removable by laboratory filtering ■sprescribed to 'Standard Methods for the Examination of Water and 'Wastewater and referred to as Sec. 39. "Toxic Pollutant' shall mean any pollutant or combination Of Iallutants listed as toxic in ' regulations promulgated by the Atinistrator of the E iraomental Protection Ap"o Wader the Provisions of Section 307(a) of the Act, under other tftunder To" Statutes sessional in s and rel", Sec. 10. User' shalt man any parson end contrlbuteyE{s�,�causes or Panetta -th3A0oI�6ioh of gst"Atar ARTICLE IT ' 1.K.TTpon the promulgation of the Federal Categorical Pretreatment Standards for 4 particular industrial subeetepory, the Federal Standard, if more stringent than limitations imposed under this ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this ordinance. Sec. 2. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal. Pretreatment Standards, the City my apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standards. The City may than modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and .prior approval from the Approval Authority is obtained. Sec. 3. An Industrial User may not contribute to the POTW any substance which may cause the POTWMs effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in nun-compllance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act; any I criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.. Sec. 4. No Industrial User shall discharge wastewater causing the following limitations to be exceeded at the POTW Treatment Plant Influent when measured in a 24-hour composite sample: a. 15 mg/l aluminum b. 0.006 mg/l arsenic C. 2 mg/l barium d. 0.003 mg/l cadmium e. 0.16 mg/1 total chromium f. 0.24 mg/1 copper g, 0.1 mg/1 cyanide h, 10 sg/1 Iron 1, 0.1 m9/1 lead d, 30 mg/l .manganese k, 0.001 mg/1 mercury 1, 0.1 mg/1nickel m. a mg/1 phenol n, 0.1 mg/I selenium o. 5 mg/l silver p. 0.3 mq/1 zinc mg/1 w milligrams per liter If the potable water supply exceeds the established limitations. industrial User discharge limitations shall be based on POTW performance and sludge disposal criteria. Sec. 5. No Industrial User shall discharge wastewater having a pN lower than 6.0 or greater than 10.5 or having any other corrosive property capable of causing damage or hazard to POTW structures, equipment or personnel . Sec. 6. No Industrial User shall discharge any wastewater causing the water pollution control plant influent wastewater temperature to exceed 40' C (104' F). Sec. 7. when required by the Superintendent. an Industrial User shall install a suitable control manhole together with such necessary meters, samplers and other appurtenances In the building sewer to facilitate observation, sampling and measurement of the flows. Such manhole, when required, shall be accessibly and safely located, and shall be .constructed in ' accordance with PJ�dns approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall owe maintained by him so as to be safe and accessible Sba ow al nt city Jam o$ amsos ro aN1w s► i •n............ SMNII iZ$ ern •rows► ............. . Il_ � b. SIC number according to the Standard Industrial Classification Manual, Bureau I n[ ♦Ae CnAnn1 1079 .. A6e. JV j/72 a�� standard or limitation. ' Sec. 11. Each Industrial User shall provide protection from , accidental discharge Of hazardous i quantities of pollutants, prohibited materials or other substances regulated by this ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or Industrial User's own cost and expense. Detailed plans ' shawl" appropriate disposal facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. All existing Industrial Users shall complete such a plan within 365 days following the effective date of this ordinance, No Industrial User who Commences contribution to the POTW after the effective date of this ordinance shall be Permitted to Introduce pollutants intothe system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the Industrial User fro the responsibility to nodi fy the Industrial User's facility as necessary to meet the ragglremaets of this ordinance. Set. 12. In the case of an accidental discharge, the Industrial User , shall foediately telephone and', notify the POTW of the incident. r The notification shall include 1 location of discharge, type of t waste, concentration and volume, I and corrective actions. A notice sha11 be permanently posted an the Industrial User's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge, Employers shall insure that all employees who may , cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. Within five (5) days following an accidental discharge, the Industrial User shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the Industrial User to prevent similar future occurrendes. Such notification shall not relieve the Industrial User of arty expense, loss, damage, or other liability which my be incurred as a result of damage to the POTW, fish kills, or any other damage to person or , property; nor shall such 1 notification relieve the ' Industrial User of any fines. civil penalties° or other liability Mich may be imposed by this article or other applicable law. ARTICLE III 3e-c-.--T.-To- Significant Industrial User shall connect to or contribute to the POTW after 180 days following the eff"tive date of this ordinance unless the Industrial User's discharge has been specifically accepted by resolution of approval by the City Council. Sec, 2. Industrial Users seeking acceptanceof their disc barges shall complete and file with the City an application for a resolution of approvalin the form prescribed by the City. Proposed new -Significant Industrial Users shall request a resolution of approval at least 90 days prior to connecting to or r contributing to the POTW. In support of the application, the Industrial User shall submit, in units and terms appropriate for evaluation, the following Inforwitlon: = I a. Name, address, and location (if different from toe b. SIC number according to the Standard Industrial Classification Manual, Bureau I n[ ♦Ae CnAnn1 1079 .. A6e. JV j/72 a�� h. Au"t processes an the prmi0ses including, all significant materials Much are or Could be discharged; Mere known, the nature and concentration of 41y pollutants in the discharge which are limited by Any City State, or Federal Pretreatment Standards, and a statement regarding whether or netthe pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (0641 And/or additional pretreatment is 'required for the Industrial User to meet applicable Pretreatment Standards; If additional pretreatment and/or operation and maintenance Will be required i to meetthe Pretreatment. Standards, the shortest schedule by which the Industrial User will provide such additional.. pretreatment. . The completion date in this schedule shall not be later i than the conpl lance date ' established. The schedule shall Captain increments of progress in the form of dates for the Commencement and Completion of major events leading to theconstruction and operation of additional i 'pretreatment required for the Industrial User to meet CAA applicable Pretreatment an final plans, exocutinj I Contract for major cenponante, consenting construction, - completing construction,. etc.). No increment of progress shall exceed 9 Months. Not later than 14 days following each data in the schedule and the fine i dote for cmpl lance, the Industrial User shall submit 4 progress report to the Superintendent Including, as A mining, whether or not It i cdMpT O with the: Incrementof progress to be met on such' dateand, if not, the data on Which it expects to comply with this increment of progress, the reason for - - delay, and the steps being takes by the Industrial User, to ratan the construction to' the schedule established.' In no event shall more than 9 - months elapse between- such progress reports to the Superintendent. The City will evaluate the data furnished by the Industrial User and nay require additional information.. After evaluation and acceptance of the data. i • ' sit.-�..—Mry iMgetr'i41 Uier'6a(IJact to�'ei try tlams, Staandard. after the l Pretr"tto t Standare. K, insuch he use of a towygs,ume. - after gmmmecememt of X discharget into the POTN, shall submit to I the Superintendent during the months of June and December. unless required more frequently in he Pretreatment .Standard orby the indicating Superintendent.the nture reaand'i concentration of Pollutants. in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of Measured daily flows during the reporting period. At thediscretion of the. j Superintendent and to consideration of factors such as i local high or low flow rates, y holidays or budget cycles, the I Superintendent nay ayyrel to alter n the,:months during 0tch the above reports are to be .submitted. Sec. 9, A. resolution of approval- may be revised to impose mass limitations on Industrial Users which ars, using dilution to most , applicable Pretreatment Standards or Requirements. or 1n other cases whore the imposition of mss limitations are appmprfate. In such cases, the report required by Article SII, Section 9 shall indicate the Mss of rrasrearment standards in the effluent of the Industrial User. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature And conc1 on Masswhere en�requeOr steduc bytion the � Superintendent, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The fruency ofasproscribedWaIn then oppllgeble L Pretreatment 5tondard. All analyses Shall be performed t in accgrdanc4 with procedures establishedppvv the EPA pursuant i to Section O041g1 01 the Act and contained in 40 OFR, Pert 136 and I ' amendments thereto, or with any i other test procedures approvedby i the EPA. Sampling shall be Performed in accordance with the smnn,gms approved by the EPA, 1 Sit. 10. Industrial Users shall provide .necessary gstewatar treatment as rMuired to Comply with this orrddinance and shall achieve conal tAnca with all Federal I f Categorical Pretreatment Standards limitwithin ations as specified he t by the I Federal Pretreatment Regulations. ,Any facilities required to pretreat Wastewater to a level acceptable to he City shall be ,provided, operated, and me intatned at the Industrial User's expense. Detailed plans I Showing the pretreatment facilities and operating Procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of suchplana and Operating proCedoms wilt in me way relieve the User from the responsibility of modifying Anal 1 an effluent acceptable •tom the j City under he provisions of this n I ordinance. Any SubRggent • changes in the pretreatment facilities or mehod of operation Shall be reported to and be acceptable to the City. prior be I the Industrial User's initiation Of the changes. Sec. il. All records relating to I i conpl lance with Pretreatment 5t4nd4rds shall be side available • to olflcleU of the EPA or Approval Authority upon request. Sec. 12. Information ' and data on an Industrial Ooer obtained from "s Cly may SVthe and/or treatmente"Mice of And/or rhe k Suspension of or repeal dun tech ry. in he repeal of necessary, r the i opinion of the l o in order ed stop rg actual es threatenedrmy discharge Minch presents or nay present an. imminent or substantial endangerment to the health or rel fare of persons to the gmviromeent, to the ATw, causes interference to the POTw or cease$. the .Citytto viol to Any i condition of its :RS Permit. i Any person notified of a 'immediately stop Or eliminate the contributlem, In the event of a failure of the persOA to comply voluntarily with the .Suspension order, the City shall take such steps as deemed necessary including Immediate severance of the building sewer connection, to prevent or minimize damage to the POTY system or endangerment to any, individuals. The City shall reinstate the wastewater treatment service upon proof of the elimination of the non- canplYing discharge. A detailed written statement submitted by the Industrial User describing the Causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within 15 days of the date of occurreoce. San. 2. Any Industrial User Who violates the fallowing conditiods of this ordinance, or applicable state and federal regulations, 1s subject to having his Wastewater treatment service revoked in accordance with the procedures of Article IV, Section 1 of his ordinance: a. Failure of a Industrial User to facially report the wastewater constituents and characteristics of his discharge; b. Failure of the Industrial User toreport significant ch4aappss in potations, or wastewater constituents and - Sec. C. Refusal of mme4nable aCe"s to , the industrial Uear s premims for the-purpaN of inspection or patttepring; or, d. violation of conditioga of this ordinance, - 3. Any person found to at violAtlog Any Provision of this argIRaACe swell be served with written notice by the said notice Chapter 2 of Of Ordie490% the mature of Provide a seen of and for Sea" Bearing appeal rights and Judicial review shall. be in accordance with the procedures set forth In Section 2-184, at seq, of the Iowa C_�d __bf. J.— _ ORDINANCE NO. 84-3173 AN ORDINANCE ESTABLISHING THE SOUTH SUMMIT STREET AREA AS AN IOWA CITY HISTORIC PRESERVATION DISTRICT, SAID DISTRICT SHALL CONSTITUTE AN OVERLAY ZONE OF THE ZONING ORDINANCE OF IOWA CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: SECTION I. The property described below and shown on Exhibit A is hereby classified as the South Summit Street Iowa City Historic Preservation District. An area consisting of the Original Town Plat, OL -1, commencing at the northeast corner of Lot 20, Block 2, Berryhill's Second Addition, thence north to a point located at the intersection of the south right-of-way line of Burlington Street and the west right-of-way line of Summit Street, thence west 116.52 feet, thence south 99.93 feet, thence west 39.95 feet, thence south 99.93 feet, thence west 39.95 feet, thence south to a point located at the northwest corner of Lot 20, Block 2, Berryhill's Second Addition, thence east following the northern lot line of Lot 20, Block 2 Berryhill's Second Addition to the point of beginning. Said area also to contain Lots 11 through 20 of Berryhill's Second Addition, Block Two. Said area also to contain Lots A, B, C, D, X, Y and Z of Jerome's Addition. Said area also to contain the lots of land located within the area beginning at the southeast corner of Lot A, Jerome's Addition, thence west along the south lot lines of Lots A, B, C and D, Jerome's Addition, to a point located at the southwest corner of Lot D, Jerome's Addition, thence south to a point located at the southeast corner of Lot 11, Block 2, Strohm's Addition, thence southeasterly along the northern right-of-way of the Chicago, Rock Island and Pacific Railroad to a point located at the intersection of the western right-of-way line of Summit Street and the northern right-of-way of the Chicago, Rock Island and Pacific Railroad, thence north to the point of beginning. Said area also to contain Lots 1, 2, and 5, Regan's First Addition, Block 1. %Q Said area also to contain the ;t ____5 feet of Lot 1; the west 169 ._.:t of Lot 2; the west 197 feet of Lot 3; the west 197 feet of Lot 4; the west 197 feet of Lot 5; the west 208 feet of Lot 6 of Block 3, Summit Hill Addition. Said area also to contain the west 167 feet of Lot 1; the west 167 feet of Lot 2; all except the east 125 feet of Lot 3; the west 159.37 feet of the south 58.01 feet of Lot 4 and the west 177.62 feet of the north 58.01 feet of Lot 4; the west 202 feet of Lot 5; the west 186.6 feet of the next adjoining northern lot to Lot 5 (70 feet); the west 172 feet of the second adjoining northern lot to Lot 5 (45 feet); the west 172 feet of the third adjoining northern lot to Lot 5 (50 feet); the west 172 feet of the fourth adjoining northern lot to Lot 5 (60 feet); the west 192 feet of the fifth adjoining northern lot to Lot 5 (138 feet). Said area also to contain Lots 1, 2, 23 and 24 of Kaufman' s Addition. SECTION II. The Building Inspector is hereby authorized and directed to amend the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such 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 28th day of February, 194. n ATTEST: Received & Approved BY T1hj Legal Depar►n►.�Bi �9 EXHIBIT A Proposed Summit Street Historic District BURLINGTON ;r It was moved by Ambrisco and seconded by Dickson that the Ordinance as'read a adopted and upon roll call therF were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON _ X ERDAHL X MCDONALO X STRAIT X ZUBER First consideration 1/31/84 Vote for passage: Ayes: Dickson, Ambrisco, Baker, Erdahl, McDonald, Strait, Zuber. Nays: None. Second consideration 2/14/84 Vote for passage Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Date published 3/7/84 V1 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3173 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of February , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 7th day of March , 19 84 Dated at Iowa City, Iowa, this29th day of March ,19 84 Ramg a Parrott, Deputy City Clerk (J Printers fee S CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news. paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper fi- y- LR timelsl, on the fol- low'ng datelsl: Cashier Subscribed and sworn to before me this L9 day of_A.D. 1911 Z. w X Notary Public No./_30-58' �AiET RiOS OFFICIAL PUBLICATION ORDINANCE NO. 04.3173 a ORDINANCE ESTABLISHING THE SOUTH S"IT STREET 'AREA AS AN IOWA CITY HISTORIC PRE9111VATION DISTRICT, SAID DISTRICT. SHML CONSTITUTE AN OVERLAY ZONE OF THE ZONING ORDINANCE OF IOWA CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: SECTION I'The property described below and shown on Exhibit A is hereby classified as the South Summit Street Iowa City Historic Prese rvation District. An area consisting of the Original Tawe Plat, OL -1, commencing at the northeast corner of Lot 20, Block 2, Berrynill's Second Addition, thence north to a paint located at the intersection of the south right-of-way line Of Burlington Street anal the west right-of-way line Of Suonit Street, thence west 116.52 feet, thence south 99.93 feet, thence west 39.95 feet, thence south 99.93 feet, thence west 39.95 feet, thence south to a point located at .the northwest corner of Lot 20: Block 2, Berryhill's Second Addition, thence east following the northern lot line of Lot 20, Block 2 Berryhill's Second Addition to the point of beginning. Said area also to contain _Lots 11 through 20 of Berryhill's Second Addition, Block Two. Said area also to contain Lots A, B. C, 0, A, Y and Z of Jerome's Addition. Said area also to contain the lots of land located within the area beginning at the southeast corner of Lot A. Jerome's Addition, thence West along the south lot. l Ines of Lots A. B. C and D, Jerome's Addition,,to a point located at the southwest corner of Lot 0, Jerome's Atldition, thence suth to a point located at the southeast earner of Lot U, Block 2, Strohm', Addition, C thence southeasterly along the northern right-of-way of the Chicago, Rock Island and Pacific Railroad to a paint located at the intersection of the western right-of-way line of Sueait Street and the northern right-of-way of the Chicago, Rock Island and Pacific Railroad, thence north to the Point Of beginning. Said area also to contain Lots 1, 2, and 5L Regan's First Addition, Block 3. Said area also to contain the west 163.5 feet of Lot 1; the west 169 feet of Lot 2; the west 197 feet of Lot 3; the West 197 feet of Lot 4; the West 197 feet of Lot 5; the west 200 feet of Let 6 of Block 3, Summit Hill Addition. Said area also to contain the west 167 feet of Lot 1; the west 167 feet Of Lot 2; all except the east 125 feet of Lot 3; the West 159.37 feet of the south 58.01 feet of Lot 4 and the west 117.62 feet of the north 58.01 feet of Lot 4; the west 202 feet of Lot 5; the wast 186.6 feet of the next adjoining O: lot to Lot 5 (70 feet); the most 172 feet of the second adjoining northern lot to Lot 5 (45 feet); the west 172 feet of the third adjoining northern to Let Stfeet); the 172 feet of the fourth Westadjoining northern lot to Lot 5 (60 feet); the west 192 feet of the fifth adjoining northern lot to Lot 5 (138 feet). Said area also to contain Lots 1, 2, 23 and 24 of Kaufnan's Addition. SECTICS Il. The Building inspector is hereby authorized and directed to mend the zoning sap of the City of Iowa City. Iwo, to conform to this amendment upon final Passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby author ze and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and public atten as provided by law. SECTION IY. REPEALER. All ordinance. and parts- a and nances in conflict with the provision of this ordinance art hereby repealed. SECTIONV. SEXY. If any section, provision or part 0t the Ordinance shall ba 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. This SECTION VI. EFFECTIVE DATE. rd nonce s a o m a act after its final passage, approval and publication as required by lay. Passed and approved this 30th day of February, 1 4. ATTEST: C'lFI,tJ EAIISIT A Proposed Summit Street Historic District IlLIUM-M im March 7, 1981 ORDINANCE NO. 84-3174 AN ORDINANCE ESTABLISHING THE WOODLAWN AVENUE AREA AS AN IOWA CITY HISTORIC PRESERVATION DISTRICT, SAID DISTRICT SHALL CONSTITUTE AN OVERLAY ZONE OF THE ZONING ORDINANCE OF IOWA CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: SECTION I. The property described below an�wn on Exhibit A is hereby classi- fied as the Woodlawn Avenue Iowa City Historic Preservation District. An area containing Lots 1 through 13 of the S.M. Clark Addition. Said area also containing the parcel located in the J.W. Clark Addition, Block 4, described as beginning at a point along the west line of Evans Street, 102 feet north from the corner of the west line of Evans Street and north line of Iowa Avenue, thence west 119 feet, thence north 108.2 feet to the corner of Ralston Creek, thence along the center of Ralson Creek in a northeasterly direction to the west line of Evans Street, thence south 129.8 feet to the point of beginning. SECTION II. The Building Inspector is ereh-6y authorized and directed to amend the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. The City Clerk is hereby au odea 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. All ordinances and parts of or finances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or par o e 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 28th day of February, 19RIl MAYOR ATTEST: �%%c�r,J -// -A/-,:/,; I � CITY CLERK Rneah•oc; 6 Approved Leval ire ei of B EXHIBIT A Proposed Woodlawn Avenue Historic District JEFFERSON It was moved by Strait and seconded by Ambrisco were: that the Or finance as reada and and upon roll call therj- AYES: NAYS: ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER First consideration 1/31/84 Vote for Passage: Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Second consideration 2/14/84 Vote for passage Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Date published 3/7/84 D5- CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3174 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the _day of February , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 7th day of March , 19 84 Dated at Iowa City, Iowa, this 29thday of March ,19 84 . Team na Parrott, Deputy City Clerk 63 Printers fee Sit L— CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached. was published in said paper Q2ffrA . timelsl, on the fol- lowing date(s)- Cashier Subscribed and sworn"" to before me this day of CC/ A. D. Notary Public vo./3 7770 no n � m -- — _ ---'F`-- 8 c -- NS Z a O - ---- 0 0 $ --- D CLAPI '. J. r — — Z ^ 9 I _ C m z _-.arm aoam c�a m ao'$Y F NUa� O'o D: S - E tir N amW,i°p 10 m "t0 r'"'Br 'ao QmH wo 00 vtS'�a W mc°@p'.cayidg��°'ya�z�m n M U3 maMWMW 79 mw i AA N t0 O N T-5 L O-= wz ORDINANCE NO. 84-3175 AN ORDINANCE TO AMEND CHAPTER 31 TO PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE LICENSED AND FOR ELIMINATION OF SUCH SIGNS BY JUNE 30, 2003. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to regulate free standing or monument signs currently located on public property, to provide for the elimination of such signs, and to prohibit the erection of additional signs on public property. SECTION II. AMENDMENT. Article VII of Chapter 31 of the Code of Ordinances, relating to streets, sidewalks and public places, is hereby revoked, and replaced by the following new Article VII - RIGHT-OF-WAY SIGN PERMITS: Section 31-145. FINDINGS AND PURPOSE A. The Sign Regulations of Iowa City provide a comprehensive regulatory scheme for signs on private property in the City. However, numerous signs have been found to be located in or upon the public streets, roadway, sidwalks or other public property throughout the City. B. It is the intent of this article, in order to promote the health, safety, and general welfare of the population, that no new signs be placed in or upon public property, and that free standing and monument signs currently located in or upon public property shall be eliminated and removed on or before July 1, 2003. Section 31-146. Definitions. A. "Free standing sign" shall mean a permanent sign which is supported by one or more up -rights or braces in or upon the ground and not attached to any building or wall. B. "Monument sign" shall mean a sign affixed to a structure, built on a grade, in which the sign and the structure are an integral part of one another. Ordii e No. 84-317S Page C. "Public property" shall mean the streets, sidewalks, roadways, or other property owned by and located within the City of Iowa City. D. "Public right-of-way" shall mean a free standing or monument sign located in, upon, or above public property. E. "Sign" shall mean any structure, including but not limited to, a device or display, other than a building or landscaping, used primarily for visual communication for the purpose of, bringing the subject thereto to the attention of a person, group of persons, or the public generally. The term sign includes, but is not limited to, any and all reading matter, letters, numerals, pictorial represen- tation, enblems, trademarks, inscrip- tions, and patterns, whether affixed to a building, painted, or otherwise depicted on a building, or separate from any building. F. "Sign regulations" shall mean Section 36-60 through Section 36-63 of the Zoning Code of the Iowa City Code of Ordinances. Section 31-147. Permits Required. It shall be unlawful for any person, firm, or corporation to use any portion of public property for any public right-of-way sign without having first obtained a public right-of-way sign permit therefor. Section 31-148. Application - Generally. A. A verified application for a permit required by this article, containing the information required in this article, shall be filed with the City Manager or his/her designee by any person, firm, or corporation desiring to continue to use public property for a sign. The application shall be filed by the person, firm, or corpora- tion owning such sign. B. Applications for the original issuance of a public right-of-way sign permit shall be filed within sixty (60) days of the effective date of this ordi- nance, and renewal applications shall be filed at least forty-five (45) days in advance of the expiration date of a permit. The application shall be in such number of copies and in such form as may be prescribed by the City A Ordii a No. 84-3175 Page Manager or his/her designee, and shall be accompanied by evidence of the required liability insurance. A separate application shall be filed for each sign. Section 31-149. Signs - Contents. A. The application form for a public right-of-way sign permit shall, in addition to other information the City Manager or his/her designee shall deem necessary, contain the following information: (1) Name and address of the appli- cant. (2) A detailed description of the sign for which a permit is requested, together with photo- graphs showing all sides of the sign. (3) The exact location of the sign, including a scaled plot plan showing the location of the sign. Renewal applications may incorpo- rate by reference the plot plan accompanying the original application. (4) The name, address, and general description of the business to which the sign relates, and the names) and address(es) of the owners of such business. (5) The name or names and address(es) of the owner or owners of the property abutting the public property in, upon or over which the sign is located. (6) A statement that the applicant shall indemnify, defend and hold harmless the City from and against all claims for damages which in any way relate to or arise from the use or location of the sign to which the application relates. B. The application shall be accompanied by a policy, or other evidence acceptable to the City Manager or his/her designee, of liability insurance purchased by the applicant for the protection of the public, which policy shall name the City as an additional insured and shall indemnify and save harmless the City. The liability insurance required as a condition to the issuance of a Nov, Ordii e No. S4_317 Page . right-of-way sign permit shall be in the minimum amount of three hundred thousand dollars ($300,000) for personal injuries, and fifty thousand dollars ($50,000) for property damage. Such insurance shall be provided by a company authorized to do insurance business in the State of Iowa, and shall provide for thirty (30) days' notice of cancellation or material change. C. The application shall be signed by the applicants, the owner or owners of the property abutting the public property in, upon, or over which the sign is located, and the owner or owners of the business to which the sign relates. Section 31-150. Council Action. It shall be the responsibility of applicants to obtain and submit to the City Manager or his/her designee complete application forms, with required signatures, and attachments. The City Manager or his/her designee shall promptly submit only complete applications to the Council. The Council will normally consider such applications only at regularly sched- uled formal meetings. Section 31-151. Nature and Scope of Permit. A. A right-of-way sign permit shall be a purely personal privilege and shall be revocable for cause. It shall not constitute property, nor be subject to attachment and execution, nor be alienable or assignable. The license or permit shall only relate to the sign for which it is issued, as evidenced by the configuration and location shown in the application therefor. B. No sign for which a permit is issued hereunder may be altered in any way without the consent of the City Council, and no such sign may be removed on the public right-of-way. Section 31-152. Term of Permit. All right-of-way sign permits, unless sooner revoked or surrendered, shall expire one year from the date of issuance, except that no permit shall extend beyond June 30, 2003. Ordin No. 84-3175 Page Section 31-153. Denial or Revocation of Permit -Grounds, Effect. A right-of-way sign permit may be denied or revoked, following notice and hearing, for any of the following reasons: (1) The sign was not in place prior to July 1, 1983. (2) Alteration of the sign without prior consent of the City Coun- cil. (3) Moving the sign within the public right-of-way. (4) Misrepresentation of any material fact in the application for the permit, or any renewal thereof. (5) Any sale, hypothecation, or transfer of the permit. (6) The sale or transfer of the sign, or the business or property to which the sign relates, without the new owner, transferree or assignee obtaining a permit for such sign. (7) If the sign causes any obstruction to the public's use of the right-of-way in or upon which the sign is located, or is a traffic hazard, as such term is defined in the sign regulations. (8) The alteration, repair, removal, painting or conversion of a sign by one not holding a valid sign erector's license, or without having obtained a permit as required in Section 31-157.A. Section 31-154. Effect of Denial or Revocation of Permit. If a permit for aright -of -way sign is either denied or revoked, the owner of such sign shall have thirty (30) days from the date of the Council action denying or revoking such permit within which to remove such sign from the public right-of-way. If such sign is not removed within such thirty (30) day period, the City may remove such sign and assess the cost against the owner of the abutting property. Section 31-155. Appeal and Hearing. The right to a hearing before the City Council shall be afforded to a right-of-way sign permit applicant whose application is denied, or a permittee whose permit is revoked. Any ij Ordir a No. 84-3175 Page 6 such applicant or permittee who feels aggrieved by a decision denying or revoking a right-of-way sign permit may, within ten (10) days of such decision, request, and shall be granted, a public hearing which shall be conducted in the manner provided in Article IX of Chapter 2 of the City Code of Ordinances. Section 35-156. Applicability of Sign Regulations. A. It shall be unlawful for any person, firm, or corporation to alter, repair, move, improve, remove, paint or convert any right-of-way sign without having first obtained (1) the license and permits required for such actions under the sign regulations, and (2) City Council consent for any altera- tion or conversion of such sign. B. Right-of-way signs permitted hereunder shall be considered as part of the permitted signage under the sign regulations. Section 31-157. Expiration of Article, Removal of Sign. (a) The terms and conditions of this Article, and all rights granted hereunder for signs in, upon or over public property, shall automatically expire on June 30, 2003. (b) On or before June 30, 2003, all signs for which permits are issued hereunder shall be removed from public property. Any such sign which has not been removed by that date may be removed by the City, and the cost of such removal shall be assessed against the owner. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the 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. Ordir a No. 84-3175 Page 7 Passed and approved this 28th day of February, 184. . ATTEST: Received & Approves Oy Tpe Legal Department m 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 X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 2/14/84 Vote for passage: Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Second consideration xxxx Vote for passage 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: Strait, Ambrisco, Baker, Dickson, McDonald, Zuber. Nays: None. Absent: Erdahl. Dated published: March 7, 1984 ✓lm CITY OF IOWA CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3175 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of February , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 7th day of March , 19 84 Dated at Iowa City, Iowa, this 29thday of March ,19 84 . Ramq a Parrott, Deputy City Clerk 30 Printers fee S 0 <:V CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN 1. Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is heretoa ched, was published in said paap�ienrg d timels), ongthe /fol- Cashier Subscribed and sworn to before me this %-2- day of A. D. V v7r 1 A .y Notary Public No. [�UlSP wayw mm� OFFICIAL PUBLICATION ORDINANCE NO. 84-3155 sN ORDINANCE TO AMEND CHAPTER 31 TO PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE -('LENSED AND FOR ELIMINATION OF SUCH SIGNS !OPINED BY THE CITY COUNCIL OF THE IOWA CITY, IOWA: I. PURPOSE. The purpose of this F is to regulate free standing or signs currently located an public to ,provide for the elimination i signs, and to prohibit the of additional signs be public 11. AMENDMENT. Article VII of 31 of the Code of Ordinances, to streets, sidewalks and public is hereby revoked, and replaced by glowing new Article VII - A7 -the Sign Regulation-s-o-f-7awa City -` provide a comprehensive regulatory - scheme for signs on private property - 4n the City. However, numerous signs -Have been found to be located in or upon the public streets, roadway, sidwalks or other public property , throughout the City. B. It is the intent of this article, in order to promote the health, safety, and general welfare of the population, that no new sign be placed in or upon public property, and that free standing and lbnu6ent signs currently locatedto or Ilan public property shall be el IMirAttd and removed on or ,,tlbafare duly 1, 20Bi. Sie4ti'egpn 11-146. Definitions. A: .'Free standing sign' shall mean a permanent sign which is supported by ant or more uprights or braces in or upon the ground and not attached to any building or wall. B. 'Monument sign' shall mean a sign affixed to a structure, built on a •---rade, in which the sign and the structure are an integral part of one another. C:."hubl is property" shall mean the streets, sidewalks, roadways, or other .property owned by and located within the City of Iowa City. B. 'Public right-of-way" shall mean a free standing or monument sign located ,:- in, upon, or above public property. E. Sign" shall mean any structure, iretluding but not limited to. device pr display, other than a building or landscaping, used primarily for visual communication for the purpose of, bringing the subject thereto to the attention of a person, group of persons, or the public generally. The term sign includes, but is not limited to, any and all reading matter, letters, numerals, pictorial represen- tation. emblems, trademarks, inscrip- tions, and patterns, whether affixed to a building, painted, or otherwise depicted an a building, or separate fromany building. F.' "Siopn regulations' shall mean Section 36-60 through Section 36-63 of the Zoning Code of the Iowa City Code of Ordinances. Section 31-147. Permits Required. It shall he unlawful for any person, firm, or corporation to use any portion of public property for any public right-of-way sign without having first obtained a public right-of-way sign permit therefor. Section 31-148. Application - Generally. A. A Verified application for a permit required by this article, containing the information required in this article, shall be filed with the City Manager or his/her designee by any person, firm, or corporation desiring to continue to use public property for A sign. The application shall be ftled by the person, firm, or corpora- tion owning such sign. 8. Applications for the original issuance ofa public right-of-way sign permit shaIJ be filed within sixty (60) days of the effective date of this ordi- nance, and renewal applications shall be'tiled at least forty-five (45) days - in advance of the expiration date of a permit. The application shall be in such number of copies and in such fort as may be prescribed by the City Manager or his/her designee, and shall be accompanied by evidence of the required liability insurance. A separate application shall be filed for each sign._ Section 31-149. Signs - Contents. A. The application Torn for a public right•of-way sign permit shall, iq addition to other information the City Manager or his/her designee shall deem -„necessary, contain the following information: _Ill Name and address of the appli- cant. (2) A detailed description of the - sign for which a permit is requested, together with photo- graphs showing all sides of the sign. (J) The exact location of the sign, including a scaled plat plat showing the location of the sign; Renewal applications may incorpo- rate by reference the plot plat accompanying the original Application. (4) The name, address, and general description of the business t( :-,which the sign relates, and the vitme.(s) and address(es) of thi owders of such business. -(5) The name or names and address(es; - -Qt the owner or owners of thl property abutting the publi) Property in, upon or over whic) the sign is located. (6) -A_ statement that the applicand _._mall indemnify, defend and hall harmless the City from Am agiinst all claims for damage. 'wliith in any way relate to m --• —arise from the use or location o the sign to which the applicatioi relates, B. The application shall be accompanie by a Policy, or other evideno qts/perceptable to the designee, City Maliabi11t insurance purchased by the applican for the. protection of the public. which policy shall name the City as a additional insured and shall indemnif and. Savo harmless the City. Th liability insurance required as condition to the issuance of right-of-way sign permit shall be is the minimum amount of three hundrei thousand dollars ($300,000) fol personal injuries, and fifty thousanl dollars ($50,000) for property damages Such insurance shall be provided by I company authorized to do insurancl business in the State of Iowa, Am shall provide for thirty (30) days' notice of Cancellation cr materia' change. C. 1huapplicatlon shall be signed by In( =cants, the owner err owners of thl rty abutt tng thispublicproperty � iA. upon, or over ,Aitch the sign ti ocated, and the ate.r or owners of the business to i%thich the sigr relates. Section 31-150. Council Action. It shall be the responsibility of applicants to obtain and submit to thf City Manager or his/her designef complete application forms, wit required signatures, and attachments= The City Manager or his/her design* shall promptly submit only compl et� applications to the Council, Th{ Council will normally consider sucl applications only at regularly sched- uled formal meetings. Section 31--151. Nature and Scope o 1penait. A. A right-of-way sign permit shall be 1 purely personal privilege and sha 11 bl revocable far .cause. It shell ao constitute property, nor be subject tl attachment and execution, nor bi alienable or assignable. The literal orpermit shall only relate to thl sign for which it is issued, aj evidenced by the configuration ani location shown inthe appiicatiol therefor, B. No sign for which a permit is issu hereunder may be altered in any waf without the consent of the Citi Council, and no such sign may W removed on the public right-of-way, Section 31-152. Term of Permit { All right-of-way sign permits unless 1sooner revoked or surrendered shall the, date one year from date of issuance, except that me 'permit -shall .,extefd beyond June 30, 2003. SeCFidn 31-153. Denial or Revocation of +Permit -grounds, Effect; — --- A night -of -way sign permit .may to denied or revoked, following notfce and ? hearing, for any of the f9llow9eg. reasons: - (1) The sign was not in place prion to July 1, 1983. (2) Alteration of the sign without prior consent of the City Coun- cil. ' (3) Moving the-EigA 'within the publW right -.Of -way, (4) Misrepresentation of. any material fact ib the application for the. permit, or any renewal thereof. (5) Any sale, hypothecation, or transfer of the permit. (6) The sale or transfer of the sign, or the business or property. to which .the sign telatesv without the New owner, transferreeor, assignee- obtaining a permit for such sign. (7) If the sign causes any obstruction I to the , public's use of the I right-of-way in or upon which the ' sign is located, or is a traffic hazard, as such term is defined in I the. sign regulations. ( (B) The alteration, repair, removal, painting or conversion of a sign. y ane not holding a valid sign erector's" license, or without having obtained a permit as required in Section 31-157.A. Sect ion 31-154. Effect of genial or (Revocation of Permit. If a Permit for aright -of -way sign is' j either denied or revoked• the owner of 1 such signshall have thirty (30) days from the dateof the Council action i denying or revoking such permit within I which to remove such sign from the f public right•of-way. If Such sign is I ,wt removed within such thirty (30) day . IV ,period, the City may remove such sign and assess the cost against the owner of theabutting property. Section 31-155. Appeal and Hearing. The right to a hearing before the City Council .shall he afforded to a right-of-way sign permit applicant whose application is dented, or a I permittee whose permit.. isrevoked'. Any j such applicant or permittee who feels Aggrieved by a decision denying or revoking a right-of-way sign permit I may. within ten (1.0), days of such decision, request• and shall be granted, a public hearing which shall be conducted in the manner provided in Article i% of Chapter 2 of the City ' Code of Ordinances. Section 35-156. Applicability of Sign. )Regulations. A. It shall be unlawful for any person, firm, or corporation to alter, repair, move, improve, remove, paint or convert any right-of-way Signwithout having first obtained (1) the 11 cense and permits required forsuch actions under the sign regulations, and' (2) City Council consent for any altera- tion or conversion of such ,sign. ,8. Right-of-way signs .permitted hereunder shall be considered as part of the 1 permitted signageunder the sign regulations. Section 31-157, Expiratioft,of A... . Renroyal of -sirs. fIp• F s y l6ZZ•999•BlE auo4d IRe3 Lsg JETddng apaP3eaad'ddo3(lsaua3 and S13W1vi:lv V 311IS io . uwunn 1111 '113111W 'VI 0,2V1. ell- 3i/7s ,2y.2/ ORDINANCE NO. 84-3176 AN ORDINANCE AMENDING THE FINAL PLANNED DEVELOPMENT HOUSING PLAN FOR ORCHARD COURT, LOTS 7 AND 8. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. The approved planned area development plan for Lots 1-8 Orchard Court Subdivision established by Ordinance 81-3038 is hereby amended to delete the hedge shown on Lots 7 and 8, Orchard Court Subdivi- sion, as shown on "Exhibit All attached. SECTION II. BUILDING PERMITS. The Building Inspector is hereby authorized and directed to issue all building, construction, and occupancy permits for said area on the basis of conformance with the amended plan. SECTION III. FILING. The Mayor and the City Clerk of the City of Iowa City are hereby authorised and directed to certify this ordinance and the amended plan; and the owner shall record at the office of the County Recorder of Johnson County, Iowa, a copy of this ordinance after its final passage, approval and publication as provided by law and shall also record the amended plan at the office of the County Recorder. SECTION IV. EFFECTIVE DATE. This Ordinance s a a in -effecT after its final passage, approval, and publication as required by law. Passed D4arch, ATTEST: 119"Ned & Approves} By The Legal Deparrimn} q It was moved by Zuber and seconded by Dickson 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 2/28/84 Vote for passagge: Ayes: Strait, Ambrisco, �kert DiEk, opl McDonald, Zuber. Nays: None. econd Consi eration XXXX Vote for passage: Moved by Zuber, 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: McDonald, Ambrisco, Baker, Dickson, Strait, Zuber. Nays: None. Absent: Erdahl. Date Published: March 21, 1984 95 ACTION REQUESTED: Removal/waiver of proposed arborvitae hedge from final PAD AMEND RE: Site interference from existing planting/screen on vacated city easement. D PRELIMINARY & F1NA_L__ ORCHARD COURT. SUBDIVISION IOWA CACITY, IOWA SUr3-�yAT LQIS I�� T,CACKS� .e,aic Ro,Ab A.. ?; LIQ iI >Y? 4 -FG 6X 25 •',� `\�\\�!e✓ 1 `�L -A, P'� v� / > B .:l w 41983 MARIAN K. KARR CITY CLERK (3) 15ai I a sr.+n<�� I I I I � pRr✓E i -----�=----Sam•/�'a�•'e _q _---4. If- P4 EX A /444n1' rsG �� (rte /6 VNPI-�.'^��••• A/BT1 6'O6'W 5 / 4 •t O. �Co — _ — � '•S ` R/✓E.P�/DE Cr CvvCs+TEdJ — C EX/Sr r/cwEY SUC'Kt E� NE06E I I i I c-�F sFn acao,e --DELETED ,W,'AJ 3' H7 Ar Pc A4 r1AJ6 .t9Ax 4' SPA'GNG' 2 (q f l,• r" EX/Si NOUS � Efl36Wp�., SIDE 7 I � Il r 1� w 41983 MARIAN K. KARR CITY CLERK (3) 15ai I a sr.+n<�� I I I I � pRr✓E i -----�=----Sam•/�'a�•'e _q _---4. If- P4 EX A /444n1' rsG �� (rte /6 VNPI-�.'^��••• A/BT1 6'O6'W 5 / 4 •t O. �Co — _ — � '•S ` R/✓E.P�/DE Cr CvvCs+TEdJ — C EX/Sr r/cwEY SUC'Kt E� NE06E I I i I c-�F sFn acao,e --DELETED ,W,'AJ 3' H7 Ar Pc A4 r1AJ6 .t9Ax 4' SPA'GNG' — � MNL EXtiT SAA EK/ST. A4B0?;//TAE III f -• r; I I:^ [ 11 f I!i 'r S FVPTRTT °6° 2 (q f r" EX/Si NOUS L__ Efl36Wp�., SIDE — � MNL EXtiT SAA EK/ST. A4B0?;//TAE III f -• r; I I:^ [ 11 f I!i 'r S FVPTRTT °6° CITY OF CHIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA C ITY IOWA CITY, IOWA 52240 (319) 356-5030 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. 84-3176 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the qday of March , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 21st day of March , 19 84 Dated at Iowa City, Iowa, this 23rdday of March ,19 84 C�' t o_� 7 aly_� RamOna Parrott, Deputy City Clerk Printers fee 3-4, CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I. _ Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper te timeW, on the fol- lowing date(s): 7�y/Irsuly '?I/ /97,?q, A.Y E 1LLL�'u/i!J -!S � /Qilt -a'2A1'�tCJ Cashier Subscribed and sworn to before me this as day of ---c A. D. 19 Ey. Q Notary Public No. �+ABETRIOS _ .FICIAL PUBLICATION ,ORDINANCE NO. 84-3176 AN ORDINANCE AMENDING THE FINAL FLAMED DEVELOPMENT HOUSING PLAN FOR ORCHARD COURT, LOTS 7 AIA S. BE IT ENACTED SY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION f. The approved .planned areaevent plan for Lots 1-8 Orchard Court Subdivision established by Ordinance 81-3038 is hereby amended to delete the hedge shown on Lots 7 and 8, Orchard Court Subdivi- sion, as shown on 'Exhibit A' attached. SECTION 11. BUILDING PERMIT$. Thetiullaing TmspefoF 1s er yy authorized and directed to issue ❑t. building, construction, and occupancy permits for said area on the basis of conformance with the amended plan. SECTION III. FILING. The Mayor a and 57City Clef" of the City of Iowa City are hereby authorlzed and directed to certify this ordinance and the amended plan; and the owner shall record at the office of the County Recorder of Johnson Canty, Iowa, a copy- of this ordinance after its final passage, approval and publication a provided by law and shall also record ,the amended plan at the office of the 6a11ety Recorder. SECTION IV. EFFECTIVE DATE. This inc" A e ec after Its final passage, approval, and publ1cati on as required by law. Passed and approled this 13th day of March, 1984. km9aukNPhTa vane-' _' � lm vs 16 LOS Angeles vu. Tezwv� Pittsburghvs- Toronto Mondlay. Ch—p 03 Kansas City (as) vs Chicago (AL) > Nafional Inuit 37 is San FranciscoSa �o Tournament pdcago (NL) „s California r9ovn,aM va Mllwaudsee SeaVle ts9) Va Daklauld SECDND A Arizona State va Seattle (ss) Pittsburgh �a l7 Bostmu vs Detroit Chicago (AL) (se) vs Montreal y% S TMonday A THURSDAYS GAMES Tennessee 68, T New York (NL) va. Montreal 66 a PlttsbXavier, J va CktciruuaUNobe Ohio 58, Ne vs Lae Angel®72.Michigan gwz: Dame 66, Bo A I.ouLsston MichwaroarchSL Louts Atlanta vs Teas Detroit vs. Kansas City Santa para 76, Lau Minnesota vs Toronto THIRD I Mawaulsn; vs pdrago (NL) ©eve -.d vs San Diego Xavier. Ohio, 2&10 . Seattle San and Santa Clam, 248. elan, 228 Oakland vs vs. C l ff Sau airi e na.,alaM �' �^ Diego . e Notre Damn. 10-11, ■ Tend 21-13, a 12 MEN'S sq At Maim BASKETBALL `e""p '�°°' I n NCAA Tournament tion and Clv The dates, sites and paidw for the Na 10 if Mal Collegiate Atluletic Association COLLEGE 16 mensDivision I ehan1plinstup, _ 33 mem: BASEBALL EASE RE N) 1)o At Atlanta Thursday, March 22 Mercer 4, low 32 29 Sernffinals Syracuse- 234�. VirgWa, Igll Iowa Mercer 0 8S Norah Carolina. 2&2, va Indiana, 21_8 Twhida, Gurtch$ 75 U Fuel Bauman and Stuart Saturday. Match 21 Tscidda. HR—Mereeg ORDINANCE N0.84-3177 AN ORDINANCE TO VACATE A PUBLIC HIGHWAY EASEMENT ALONG MORMON TREK REALIGNED THROUGH WEST SIDE PARK. SECTION I. PURPOSE. The purpose of this ordinance is to vacate a public highway easement which was acquired by the Iowa Department of Transportation in the name of Johnson County for the construction of U.S. Highway 218. The City of Iowa City subsequently annexed the property underly- ing the easement and thereby acquired said easement. SECTION II. VACATION. The City of Iowa City hereby deems the following described property to be no longer necessary for public highway purposes and vacates said property: Beginning at a point N 0 degrees 25'E, 524.1 ft. from the Center of said Sec. 20, on the west line of said SW 1/4 NE 1/4; thence S 52 degrees 22 1/2'E, 140.3 ft.; thence S 61 degrees 52 1/2'E, 60.8 ft.; thence N 21 degrees 03'E, 190.0 ft.; thence N 89 degrees 10 1/2'E, 504.3 ft.; thence S 79 degrees 51 1/2'E, 178.2 ft.; thence S 68 degrees 08' E, 134.8 ft.; thence S 43 degrees 40' E, 139.7 ftl ; thence N 40 degrees 45' E, 182.8 ft.; thence N 50 degrees 42 1/2'W, 349.1 ft.; thence N 88 degrees 01'W, 439.1 ft.; thence S 80 degrees 08 1/2'W, 207.3 ft; thence N 83 degrees 17 1/2'W, 179.7 ft.; thence N 68 degrees 13'W, 171.9 ft. to the west line of said SW 1/4 NE 1/4; thence S 0 degrees 25'W, 311.8 ft. along said west line to the Point of Begin- ning; containing 6.07 acres, more or less. Note: the west line of the NE 1/4 of said Sec. 20 is assumed to bear N 0 degrees 25'E. Mormon Trek Blvd, 41est Side Drive, Utility Easements, Sanitary Sewer Easements, Storm Easements, and Access Easements, which may be located within the above Public Highway Easement are, all as shown on the Plat of West Side Park, an Addition to the City of Iowa City, Iowa, recorded at Book 29, Page 45, Records of Johnson County, Iowa, are not vacated, released or affected in any i% Page 2 way by this vacation. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and appro ed his Z- day oC March, 1984. AYOR 7 ATTEST: YY1 cz��u. I -k CITY CLERK It was moved by Zuber 'and seconded by Erdahl that the Ordinance as read be adopted and upon roll call theFe— were: AYES: NAYS: ABSENT: X AMBRISCO Tt BAKER X DICKSON -R- ERDAHL X MCDONALD X STRAIT �- ZUBER First consideration XKC Vote for passage: Second consideration xxx Vote for passage Moved by Zuber, 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, Ambrisco, Baker, Erdahl, McDonald, Strait, Zuber. Nays: None. Date Published April 4, 1984 Received E Approved Gy The legal Department ZIz1 /4 CITY OF IOWA CIVIC CENTER 410 E. WASHINGTON ST, IOWA CIT`(, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84_3177 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of March , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 4th day of April , 19 84 Dated at Iowa City, Iowa, thislst day of ICY ,19 84 C�/ �9�_ am,-na Parrott, Deputy City Clerk �q 1 Printersfee.3L1_ � CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS-CiTIZEN I. Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN. a news- paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / timelsl, on the fol- lowing date(s): Cashier Subscribed and sworn to before me this --.5 day of__-, A.D. Notarc Public No. —11 o. i �n�. ufsk`l VJU3 n F� OFFICIAL PUILKAYION ORDINANCE NO. 84_iiffi7.tTZ AN ORDINANCE, TO VACATE A PUSLICIdIAN AY EASEMENT ALONG MOWON TREK REALIGNED THROUGH WEST SIDE PARK. I SECTION 1. PURPOSE. The purpose of this or lance 7S TO vacate a public highway easement which was acquired by the Iowa .Department of Transportation to the new of Johnson County for the construction of U.S. Highway 218. The City of Iowa City subsequently annexed the property underli'- Ing the easement and thereby acquired said easement. SECTION II. VACATION. The City of Iowa City hereby deems the following described property to be no longer necessary for public highway purposes and vacates said property: Beginning at a point N 0 degrees 25'E, 524.1 ft. from the Center of said Sec. 20, on the west line of said SW 1/4 HE '1/4; thence S 52 degrees 22 1/2'E, 140.3 ft.; thence S 61 degrees 52 112'E, 60.8 ft.; thence N 21 degrees 03'E, 190.0 -ft.; thence N 89 es, 10 1/2'E, 504.3 -ft.; thence S 19 re 51 8' E. 178.2 ft.; thence S 68, reef OB' E. 134.8 ft.; thence S 43 agrees. w' E, 179.7 ftl; thence N 40 degrees 45' E, 182.8 ft.; thence N 50 degrees -42-1/2'W, 349.1 ft.; thence N 88 1Ae9re6s%81'W, 439.1 ft.; thence S 80 degrees de 1/2'W, 207.3 ft; thence N 83 degrees 17 1/2'W, 179.7 ft.; thence "68 degrees 13'W, 171.9 ft. to the west line of said SW 1/4 NE 1/4; thence S 0 degrees 25'w, 311.8 ft. along said west line to the Point of Begin- ning; containing 6.07 acres, more or less. Note: the west line• of the NE 1/4 of said Sec. 20 jar assumed to bear N 0 degrees 25'E. 'h�,,^eP`- Mormon Trek Bl", -'t. Stde Drive, Utility Eas o itary Sewer Easements. Storm. Eafemeats, and Access Easements, which may be located within the above Public Highway Easement are, all as shown on the Plat of West Side Park, an Addition to the City of Iowa city, Iowa, recorded at Book 29, Page 45, Records of Johnson County, lowa, are not vacated, released or affected in__any way by this vacation. SECTION III. EFFECTIVE DATE. This r nonce s a a n e fec after its final passage, approval and publication as required by law. Passed and approved this March, 1984. A AV_/on ATTEST:�r_lM 8B568 April 4, 1994 ORDINANCE NO. 84-3178 ORDINANCE AMENDING SECTION 10-35 OF THE CODE OF ORDINANCES OF IOWA CITY, AMENDING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY TO INCLUDE PROPERTIES ANNEXED SINCE 1981. SECTION I. PURPOSE. The purpose of this amendment is to revise the voting pre- cincts in Iowa City to reflect the inclusion of lands annexed to the corpo- rate limits since 1981. SECTION II. AMENDMENT. Section 10-35(9) of the Code of Ordinances is hereby amended by deleting said section and substituting in lieu thereof the follow- ing: (9) Precinct nine (9): Beginning at the southern intersection of the corporate limits of the City of Iowa City and the center line of the Iowa River channel, north along the center line of the Iowa River channel to Highway 6 Bypass, west along Highway 6 Bypass to its intersec- tion with Highway 1 at Riverside Drive, west along Highway 1 to Miller Avenue, north along Miller Avenue to West Benton Street, west along West Benton Street to its intersection with Mormon Trek Boulevard, southerly along Mormon Trek Boulevard, to southern corporate limits of the City of Iowa City, starting east follow corporate limits of City of Iowa City to point of beginning. Precinct Nine (9) shall also include the following described property: The northwest quarter (NW1/4) of the northeast quarter (NEI/4) of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; said tract containing 40 acres more or less, and The southwest quarter (SWI/4) of the northeast quarter (NEI/4) of Section 20, Township 79, North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, except the following: Beginning at the center of said Section 20; thence N 0 degrees 25'E, 524.1 feet along the west line of said SW1/4 NE1/4; Page 2 thence S 52 degrees 22'1/2" E, 140.3 feet; thence S 61 degrees 52'1/2" E, 692.8 feet; thence N 76 degrres 41' E, 198.4 feet; thence N 40 degrres 45' E, 629.2 feet to the east line of said SW1/4 NE1/4; thence south to the SE corner of the SW1/4 of the NEI/4 of said section; thence west to the center of Section 20, which is the point of beginning; said tract containing 30 acres more or less, and Commencing at the Northeast Corner of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian; thence on an assumed bearing of S 00 degrees 00'00" E, 300.00 fet, along the East line of said Section 20; thence S 89 degrees 26'31" W, 25.50 feet, to a point which is the intersection of the Southerly Right-of-way line of Willow Creek Drive and the former Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence S 89 degrees 26'31" W, 85.99 feet along said Southerly Right - of -Way line, to a point on the Present Northwesterly Right -of -Way line of said Iowa Primary Road No. 1, which point is 70.00 feet normally distant North- westerly of said former Northwesterly Right -of -Way line, and is the Point of Beginning; thence S 30 degrees 37'44" W, 132.80 feet, along said present North- westerly Right -of -Way line to a point which is 60.00 feet normally distant Northwesterly of said Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence N 75 degrees 29'54" W, 186.61_feet; thence N 34 degrees 56'58" E, 80.00 feet, to a point on the Southerly Right -of -Way line of Willow Creek Drive; thence N 89 degrees 26'31" E, 202.51 feet to the point of begin- ning, and Commencing at the Northeast Corner of Section 20, Township 79 North, Range 6 West, of the 5th Principal Meridian; thence on an assumed bearing of S 00 degrees 00'00" E, 300.00 feet, along the East line of said Section 20; thence S 89 degrees 26'31" W, 25.50 feet to a point which is the intersection of the Southerly Right -of -Way line of Willow Creek Drive and the former Northwesterly Right -of -Way line of Iowa Primary Road No. 1; thence S 89 degrees 26'31" W, Page 3 85.99 feet along said Southerly Right - of -Way line, to a point on the present Northwesterly Right -of -Way line of said Iowa Primary Road No. 1, which point is 70.00 feet normally distant Northwest- erly of said former Northwesterly Right -of -Way line; thence S 30 degrees 37'44" W, 132.80 feet along said present Northwesterly Right -of -Way line to a point which is 60.00 feet normally distant Northwesterly of said former Northwesterly Right -of -Way line of Iowa Primary Road No. 1, and which ipoint is also the Point of Beginning; thence S 34 degrees 56'58" W, 325.04 feet to a point which is 60.00 -feet normally distant, Northwesterly of said former North- westerly Right -of -Way line of Iowa Primary Road No. 1; thence N 71 degrees 47'30" W, 182.58 feet; thence N 34 degrees 56'58" E, 312.46 feet; thence S 75 degrees 29'54" E, 186.61 feet to the Point of Beginning. Section 10.35(15) of the Code of Ordi- nances is hereby amended by deleting said section and substituting in lieu thereof the following: (15) Precinct fifteen (15): Beginning at the southeast corporate limits of the City of Iowa City, follow the corporate limits of the City of Iowa City in a northerly direction,w est and then east along the Chicago, Rock Island and Pacific Railroad right-of-way and north along Scott Boulevard to Muscatine Avenue,w est along Muscatine Avenue to First Avenue, south along First Avenue to the center line of the Chicago, Rock Island and Pacific Railroad right- of-way, northwesterly along the Chicago, Rock Island and Pacific Railroad right-of-way to Pine Street, south along Pine Street to Spruce Street, east and south along Spruce Street to Lower Muscatine Road, southeasterly along Lower Muscatine Road to Sycamore Street, south along Sycamore Street to center line of Highway 6, southeasterly along center line of Highway 6 to corporate limits of City of Iowa City, and then southeasterly along corporate limits of City of Iowa City to point of begin- ning. Precinct Fifteen (15) shall also include the following described property: Page 4 Commencing at the SW cor. of Sec. 18, T79N, R5W of the 5th P.M. ; thence N 00 degrees 23'26"W 962.87 feet along the W line of said Sec. 18 and the centerline of Scott Blvd. to the point of beginning (the W line of the SW 1/4 of Sec. 19 is assumed to bear S 00 degrees 03'29"E); thence N 00 degrees 23'26"W 598.92 feet along said W line of Sec. 18 and the centerline of Scott Blvd; thence N 89 degrees 41'34" E 50.00 feet; thence S 00 degrees 23'26" E, 598.92 feet; thence S 89 degrees 41'34" W 50.00 feet to the point of beginning. Said tract contains 29,946 sq. ft. more or less, and Beginning at the NW corner of Sec. 19, T79N, R5W of the 5th P.M.; thence S 00 degrees 18'56"E 954.69 feet along the W line of Sec. 19 and the centerline of Scott Blvd., (the W line of the SW 1/4 of Sec. 19 is assumed to bear S 00 degrees 03'29"E); thence N 89 degrees 41'04"E 50.00 feet; thence N 00'18'56"W 954.72 feet; thence N 00 degrees 23'26"W 962.84 feet; thence S 89 degrees 41'34"W 50.00 feet; thence S 00 degrees 23'26"E 962.87 feet along the W line of Sec. 18, T79N,. R514 and the centerline of Scott Blvd, to the point of beginning. Said tract contains 95,877 sq. ft. more or less, and Commencing at the SW cor, of Sec. 18, T79N, R5W of the 5th P.M. ; thence N 00 degrees 23'26"W 1561.79 feet along the W line of said Sec. 18 to the point of beginning (the E line of the S141/4 of Sec. 19 is assumed to bear S 00 degrees 03'29"E); thence N 00 degrees 23'26"W 1062.80 feet along the W line of said Sec. 18 and the centerline of Scott Blvd. to the southerly right of way line of Muscatine Avenue; thence easterly 50 feet along a 22,887.00 foot radius curve concave southerly and whose 50 foot chord bears N 89 degrees 56'06"E; thence S 00 degrees 23'26"E 1062.59 feet; thence S 89 degrees 41"34"W 50.00 feet to the point of beginning. Said tract contains 53,135 sq. ft. more or less, and Commencing at the NW corner of Sec. 19, T79N, R5W of the 5th P.M.; thence S 00 degrees 18'56" E 954.69 feet along the W I63 Page 5 line of Sec. 19 and the centerline of Scott Blvd. to the point of beginning (the W line of th SW1/4 of Sec. 19 is assumed to bear S 00 degrees 03'29"E); thence N 89 degrees 41'04"E 50.00 feet; thence S 00 degrees 18'56"E 1001.76 feet to the N ROW line of the CRI&P R.R.; thence N 62 degrees 09'30"W 56.71 feet along said N ROW; thence N 00 degrees 18'56"W 975.00 feet along the W line of Sec. 19 and the centerline of Scott Blvd. to the point of beginning. Said tract contains 49,419 sq. ft. more or less, and Commencing at the Northwest cor. Sec. 19, T79N, R5W of the 5th P.M.; thence S 00 degrees 18'56"E 2043.11 feet along the West line of said Sec. 19 and the center line of Scott Blvd. to the southerly ROW line of the CRI&P R.R. and the point of beginning; thence S 62 degrees 09'30"E 56.71 feet on said southerly ROW line; thence S 00 degrees 18'56"E 578.79 feet; thence S 00 degrees 03'29"E 1324.43 feet; thence N 89 degrees 31'57"W 50.00 feet; thence N 00 degrees 03'29" W (this is an assumed bearing) 1323.86 feet along the West line of said Sec. 19 and the centerline of Scott Boulevard to the East 1/4 cor. of said Sec. 19; thence N 00 degrees 18'56" W 605.24 feet along the West line of said Sec. 19 and the centerline of Scott Blvd to the point of beginning. Said tract contains 95,798 square feet more or less, and Commencing at the Northwest corner Section 19, T79N, R5W of the 5th P.M. ; thence S 00 degrees 18'56" E 2648.35 feet along the West line of said Section 19 and the center line of Scott Blvd. to the West 1/4 corner of said Section 19; thence S 00 degrees 03'29" E (This is an assumed bearing) 1323.86 feet along the West line of said Section 19 and the center line of Scott.Blvd. to the point of beginning; thence S 89 degrees 31'57" E 50.00 feet; thence S 00 degrees 03129" E 282.25 feet; thence southerly 386.00 feet along a 1,481.54 foot radius curve concave westerly and whose 384.91 foot chord bears S 07 degrees 24'21" W; thence N 00 degrees 03'29"W 664.36 feet Page 6 to the point of beginning. Said tract contains 26,888 square feet more or less. Section 10-35(16) of the Code of Ordi- nances is hereby amended by deleting said section and substituting in lieu thereof the following: (16) Precinct sixteen (16): Beginning at the intersection of the eastern corporate limits of the City of Iowa City and Scott Boulevard, east, then north, along eastern corporate limits of City of Iowa City, then east, then north to Court Street,w est along Court Street to Kenwood Drive, south along Kenwood Drive to Friendship Street, westerly along Friendship Street to First Avenue, south along First Avenue to Muscatine Avenue, east along Muscatine Avenue to Scott Boulevard, south along Scott Boulevard to point of beginning. Precinct Sixteen (16) shall also include the following described property: Commencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa, thence N 0 degrees 43'39" West 1888.22 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to a point; thence South 89 degrees 28'11" East 300 feet to the point of beginning of the tract herein described, thence South 89 degrees 28'11" East 150 feet along siad Southerly line; thence South 2 degrees 51'10" West 292.27 feet; thence South- westerly 139.52 feet along a 1095.92 foot radius curve concave Northwesterly to a point, said arc being subtended by a 139.42 foot chord bearing South 13 degrees 24'47" West; thence South 44 degrees 08'19" West 138.40 feet; thence North 0 degrees 43'39" West.528.26 feet to the point of beginning, and contain- ing 1.42 acres more or less, and Beginning at the North quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence S 0 degrees 02'42" E 337.00' along the Easterly line of the Northwest quarter of said Section 18 (this is an assumed bearing for �n5 Page 7, purposes of this description only); thence S 81 degrees 37'27" W 254.40' to a point; thence S 78 degrees 49'21" W 326.95' to a point; thence_S 85 degrees 44'22" W 297.52' to a point; thence S 56 21'31" W 408.32' to a point; thence S 36 degrees 18'05" W 12.86' to a point; thence N 89 degrees 28'11" W 666.70' to a point; thence N 40 degrees 56'07" E 7.57' to a point; thence N 46 degrees 23'48"E 386.34' to a point; thence N 50 degrees 10'15" E 323.76 feet to a point; thence N 53 degrees 34'25" E 389.07' to apoint; thence N 14 degrees 38'50"E 2.38 feet to a point of intersection with the Northerly line of said North- west quarter; thence S 88 degrees 43'59" E 1036.33' along said Northerly line to the point of beginning and containing 17.47 acres more or less, and Commencing as a point of reference at the West quarter corner of Section 18, Tonwship 79 N, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence North 0 degrees 43'39" West 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Sectfon 18 to a point; thence North 44 degrees 08'19" East 425.17 feet to a point, said point being the point of beginning of the tract herein described; thence N 44 degrees 08'19" E 138.40 feet to a point; thence Northeasterly 139.52 feet along a 1095.92 foot radius curve concave Northwesterly to a point, said arc being subtended by a 139.42 foot chord bearing N 13 degrees 24'47" E; thence N 2 degrees 51'10" E 292.27'; thence S 89 degrees 28'11" E, 1025.53'; thence, S 51 degrees 13' 26" W, 690.751; thence S 21 degrees 01'45" W, 209.73'; thence S 0 degrees 43'39" E, 756.03; thence N 88 degrees 39'59"W 553.90'; thence N 0 degrees 43'39" W 854.15' to the point of beginning and containing 19.89 acres more or less. SECTION III. REPEALER. All ordinances and parts of or inances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or par o is Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect IGS Page 8 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 a in effect after its finall passage, approval and publication as required by law. Passed and approve tu27��Yo� March, 1984. ��/—}-- 0 ATTEST: CITY-CLERKC�1�� ReceWW i Approve! By The LegalD pa men# zy �fL /07 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 MCOONALD _ STRAIT x ZUBER First consideration 3/13/84 Vote for passage: Ayes: Baker, Ambrisco, Dickson, McDonald, Strait, Zuber. Nays: None. Absent: Erdahl. Second consideration X)OCC Vote fr s.s e Moved by Erdahl, secondeT b� son, 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, Ambriscp, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Date Published April 4, 1984 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3178 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of March , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 4th day of April , 19 84 . Dated at Iowa City, Iowa, this 1st day of MaY ,19 84 Ramona Parrott, Deputy City Clerk 99 0,V i+l P_14.ArION! 9 n •heti_,!L„y hr I , tht -hies Of the ' i , aid c. uoty, and that - 1 cap. Of which is F. ,l. v , n;h'i-hed in said rn the fol - Cashier IS' .hC,i _. a%,_:. L1 n9fore me 5 S LL, j f+ X'Y rotary Public 4 AURGARRio •a . Ammons� OFFICKI.FUFL T*N MOIN4NCE 10.8"76. 6110INANCF i1tEM�((NB, ;hair 1048 6F THE CODE OF 0110111 CiB OF` -'ARAM i14Y' MENDING --THE 8009DARIES OF THIS VOTING PRiCINCTS IN IOWA CITY TO INCLUDE PROPERTIES AlWrED SINCE 1981. Section 10.35(15) of the Code of Ordi- nances is h4r y amended by deleting said faction and substituting in lieu thereof, (15) Precinct fifteen (15); 8eglnning at the southeast corporate limits of the City of low City, follow the corporate limits of the City of 10.8 City in a northerly directlon,i+ eat and then east lion? the Chicago, Rock Island and Pacific Railroad right-of-way and north .along Scott Boulevard to Muscatine _5€CTfOX Iy PURPoSF. The Purpose of this :- Avenue,w est along Muscatine Avenue to SiTiin3me� If I rrev I$e the vopiip Dre- ::,�>/i rst Avenue, south along First Avenue ,`.cinch in lova City to reflect the to the center line of the Chicago, Rock inclusion of lands annexed to the carpe- Island and Pacific Railroad right- ~- rate limits since 1981, of -way, northwesterly along the Chicago, + gCgTION 11. AMEMOMENT. Section 10-3S(9) Rock island and Pacific Railroad or the Code of Ordinances is hereby 'right-of-way to Pine Street, south along emended by deleting said section and line Street to Spruce Street, east and substituting in lieu thereof the follow- %-south along Spruce Street to Lower Imo: 'Zftscatine Road, southeasterly along (9) Precinct nine (9): Einntng at the .M -'ower Muscatine Road to Sycamore Street, southern Intersection of tAe corporate "nuth along Sycamore Street to center limits of the City of Iowa City and the line of Highway 6, southeasterly along center line of the low. River channel, center line of Highway 6 to corporate mortis along the center Hae of the Iowa limits of City of low City, and then River channel to 1I,h 6 Bypass, west soputheasterly along corporate limits of along Highly 6 eyppea.3 to its Verset- I City of Iow City to point of begln- tion with Hiaahwey l et Riverside Drive, ,\ n,"g, west elcng N/ away I to Miller Avenue, t north aiprg MI liar 4venup to Nest Denton (�� Precinct Fifteen (15) shell also include Street, west slang West Umbel. Street to 'Floe following described property: its lntensaction with. Norman Trek - - Boulevard, Southerly along Mp•mon. Trek �tormencing at the SW car. of Sec, 18, .Boulevard, to southern corporate limits T7911, R5W of the 5th P.M.; thence M 00 of the City of IoW City, starting east degrees 23'26'W 962.87 feet along the Y follow corporate limitsofCity of law line of said Sac. 18 and the centerline - city to point of beginning. i of Scott Blvd, to the point of beginning - - "(the Y line of the SW 1/4 of Sec. 19 is -' Precioct Nine (9) shall also Include the i,.asrsumed to bear 5 OD degrees 03'29'E); following described property: thence N 00 degrees 23'26'4 598.92 feet along said 9 line of Sec. 18 and the The northwest quarter (MI/4) of the • center!ine of Scott Blvd; thence N 89 IA nonlusfst quarter (NE1/4) of Section 20, degrees 41'34' E 50.D0 feet; thence 5 00 Towmahip 79 North, Range. 6 West of the degrees 23'26' E, 598.92 feet; thence S Fifth Principal Werldian, Johnson 89 degrees 41'34' W 50.00 feet to the County. IoW; said tract Containing 40 point of beginning. Said tract contains acres more or less, and 29,946 sq. ft. more or less, and The southwest quarter .(SNI/4) of the northeast quarter (NEI/4) of Section 20, Township 79, North. Range 6 Nest of the 1`144 Principal Meridian, 3ohnsan County low escept the following: Ieglne{ng at the center of said Section ED% thence N 0 degrees 25'E, 524.1 feet along the west line of said SWI/4 NEI/4; thence 5 52 degrees 22'1/1' E 140.3 fed; thence S 61 degrees 51'i/2- E, .. 692.8 feet; thence N 76 degrres 41' E. 198.4 feet; thence N 40 degrres 45' E. 629.2 feet to the east line of mid SWT/4 NEI/4; thence south to the SE corner of the SWI/4 of the NEI/4 of said section; thence wet to the center of i Section 20. which is the point of beginnfngt said tract containing 30 acres more or less, and Cosmuneing at the Northeast Corner of rection 20, Township 79 North Range 6 Nest of the 5th Principal Meridian; themce on an assumed bearing of 5 00 degrees 00'00" E. 300.OD fat, along the East line of said Section 20; thence 5 89 degrees 26'31" W', 25.50 feet, to e point width 1s the Intersection of the southerly Right-of-way lima of Willow Creek Drive and the former Northwesterly No, 1; thence S 89 degrees 26'31" W. 85.99 feet along said Southerly Right - of -Way line, to a palm an the Present Northwesterly Right -of -Way line of solo Iowa Primary Road No. 1, which point Is 70.00 feet normally distant North- westerly of said former Northwesterly Right -of -Way Ilse, and Is the Point of Beeppimning; thence 5 30 degrees 37'44' Y, 132.80 feet, along said present North- westerly Right -of -Vey line to a point which Is 60.00 feet normally distant Northwesterly of Said Northwesterly Right -of -May line of Iowa Primary (!egad No. ); thence N 75 degrees 29'54" W. 186.61 feet; thence N 34 degrees 56'58" E. 80.00 feet, to a point on the Southerly Right -of -Way line of Willow Creek Drive; thence N 89 de rees 26'31' E 202.51 feet to the point of begin- ning, and Commencing at the Northeast Corner of Section 20, Township 79 North, Range 6 Beginning at the NM corner of Sec. 9 T79N• R5W of the 5th P.M.; thence S R1 degrees 18'56'E 954.69 feet along the Y line of Sec. 19 and the centerl the of Scott Blvd., (the W line of the SM 1/4 of Sec. 19 is assumed to bear S 00 degrees 03'29'E); thence N 89 degrees 41 04'E 50.00 feet; thence N 00'18'56'W 954.72 feat; thence N W degrees 23'26'W 962.84 feet; thence S 89 degrees 41'34"W 50.00 feet; thence 5 00 degrees 23'26'E 962.87 feet along the W line of Sec. 10 179M, RSW and the centarl/M of,. Scoti. Ilvd. to the Point of beginning. Said tract contains 95,817 sq, ft, more or less, and Commencing at me Sw ea. of Sec, to T79N. RSW of the 5th D.M.; thence N 06 23 degrees 1261W 1561.79 feet along the W lima of said Sec. 18 to the Point of beginning (the E line of the SWI/4 of Sac. 19 1s assumed to beer S OB degrsls I 03'29'E); thence N 00 degrees 23'26"W 1062.80 feet along the 4 line of said SRT. 18 and the centerline of Scott Blvd, to the southerly right of my lima of Muscatine Avenue; thence eastwly 50 feet along a 22,587.00 foot radius curve Concave southerly and whose 50 foot chord bears N 89 degrees 5e1D6'E; thence 8 00 degrMs 23'26"E 1062.59 feet thenal S 89 degrees 41.34-W 50.80 feat to the point of beginning. Said tract Contains 53,135 sq. ft, more or less. and Commencing at the RW corner of Sec. 19, T79N. R5W of the 5th P.M.; thence 5 00 degrees 18.56' E 954.69 feat along the W line of Sec, 19 and the Centerline of Scott Blvd, to the point of beginning (the W line of th SWI/4 of Sec. 19 is assumed to bear S 00 degrees 03'29'E)1 thence N 89 degrees 41'04"E 5o.00 feet. thence S 00 degrees 181561E 1001,76 feet to the N RW line Of the CRISP R.R.; thence N 62 degrees 09'30'W 56,71 feet otomy said R ROW; thence M 00 degrees 18'56'4 975.00 feet along the W line of Sec. 19 and the cemterline of Scott Blvd. to the point of beginning, Said tract Contains 49,419 sq. ft. more or less, and West, of the 5th Principal Meridian thence on an assumed bearing of S Oli Commencing at the Northwest car. Sec. • '- - 19, T79N, RSW of the 5th P.M.; thence S 0o degree 18.56"E 2043.11 feet along the West line of said Sec. 19 and the center line of Scott Blvd. to the _ southerly RRW line of t�aa Rt" a 31 thence S 0000 degrees 03lree, '29 EfSO DOn feet; thence E 282.25 feet; thence Southerly 386. DO feet along a 1,481.54 feet radius curvf concave westerly and whose 384.91 foot chord been S 07 dagress 24'21' W; then,@ N 00 degrees 03 29'W 664.35 feet to"tail point of beginning. . Said tract ret of .� contains square feet more or Tg -- ( Section 10-35(161 of the lode of Brei -I eances Is hereby asmnded b deletinoo said; section and substituting 1e lisi thsroof� the following: - 116) Precinct sixteen (16)1 Beginning' at the intersection oftheeastern Corporate limits of the city of Iowa l Litt' and Scott Boulevard, east, then north, along eastern corporate limits of Jit of Iowa City, then east- theen northf o [curt Stfeet,w Est along court Street) to Kenwood Drive, south along Kemweed Drive to Friendship Street, was Carly Scott Precinct Sixteen (161 shall also include the following doscrld property; as a point of reference at arter corner of section 185 North, ganga 5 West of the local one a point; East 300 ng of the South 89 110119 siad 2 degrees to 4 point, said arc being subtended b A 139.42 foot chord bearing South 13 degrees 24'47' West; thence $Nth 44 degrees 08119" Nest 138.40 feetl thence North 0 degrees 43'39- West 528.26 feet to the point Of beginning, and contain- ing 7.42 acres more or less., and I Saglnni at the North quarter corner of Section 16, Tpmship 79 North Range 5 Weft o! the Fifth Principal Meridien, Johnsen County Iowa thence S 0 degrees 02'42' E 337.00' along the Easterly line Of the Northwest quarter of said Section 18 (this is an assumed bearing for purposes, of this description on thence S el degrees 37'27' W 254.40' to, a point; thence 5 78 degrees 49'21' W 326.95' to a point; thence. 5 85 degrees .44'22" Y 297.52' to a point; thence -S 56 21'31" Y 408,37'toa point; thence S 36 degrees 18'05" W 12.86' to a point; thence N 89 degrees 28'll' Y 666.70' to e point[ thence N 40 degrees 56'07" E 7,67' to 4 point; thence N 46 degrees 23'48'E 386.34' to a point` thence K 50 degrees 10'15' E 323.76 feet to a point; thence N 53 degrees 34'25' E 355.07' to �paint;. thence N 14 degrees d8'Sp"E .38 feet to 4 point of intersection with the Northerly ling Of said North- i west quarter• thence 588 degrees 43'59" E 9036.31' along said Northerly line to the point of beginning and containing 17.47 acres more or less, and Commencing as a point of reference at the West quarter corner of Section 18, Tonwship 79 N. Range 5 West of the -Fifth Principal Meridian, - Johnson -county, iCarey thence North 0 degrees 43-39- West? 1052.00 feet along the Westerly line of! the Northwest fractional one quarter of said Secti" 18 to a point; thence North? 44 degrees 08'19" East 425.17 feet to a paint, saidpointbeing thepoint of beginning of the tract, herein described;l thence N 44 degrees 08'19' E 138.40 feet` to a point; thence Northeasterly 139.52' feet along a 1095.92 foot radius curve - concave Northwesterly to apoint mid arc being subtended by a 139.4{ fact, chord bearing N 13 degrees 24'47" E; thenN N 2 degrees. 51 10' E 292.27'1 thence S 89 degrees 28'11' E, 1025.53';then"1 1 than e� S 21 deS 51 grees 1' 5- W, 209.73'; thence S 0 de rets 43'39' E. 756,03; f thence N 088de0 els e43'39"SW' 854515 -to f the point of beginning and containing 19.85 acres more or less, i SECTION Pit, REPEALER. All ordinances and l Darts �` or�inM"(,n-conflict with the provision of this ordinance are hereby repealed. SECTION IN, SEVERABitITY, If any seftion provTNon or par o s Ordinance shall be adjudged to be invalid or uncastitu- tlonal, such adjudication shall not affect 1 the validity of the ordinance as a 0 e or any section, provision or part thereof not adjudged invalid or unconstitutional, SECTION V. EFFECTIVE DATE. This Ordinance V1011 n effec alter its finall passage approval and publication as. requlraa by law" Passed and 'a March, 1984. ATTEST:l� qs,„�- iJ r 5W9 Aon 4, p2� i ORDINANCE NO. 84-3179 ORDINANCE AMENDING THE FINAL PLANNED DEVELOPMENT HOUSING PLAN FOR RESUBDIVIDED LOT 62;4AC BRIDE ADDITION, PART 2. Be it enacted by the City Council of Iowa City, Iowa: SECTION I. The approved planned develop- ment housing plan for resubdivided Lot 62, MacBride Addition, Part 2 established by Ordinance 83-3118 is hereby amended to include an easement granted to Northwest- ern Bell Telephone, legally described below, and the placement of a telephone equipment enclosure with a brick facade within said easement, as shown on "Exhibit A" attached. A part of Lots 6 and 7 of the Resubdivision of Lot 62, Part 2, MacBride Addition to Iowa city, Iowa, described as follows: Beginning as a point of reference at the Southwest corner of said Lot 7; thence North 88029'30" East 60 feet along the South line of said Lot 7 and Lot 6 to a point, (assumed bearing for purposes of this description only); thence North 1044'23' East 40 feet parallel to the West line of said Lot 7 to a point; thence South 88029'30" West 60 feet parallel to the South line of said Lots 6 and 7 to a point on the West line of,. said Lot 7; thence South 1044'23' West 40 feet along said West line to the point of beginning. SECTION II. BUILDING PERMITS. The Building Inspector is hereby au horized and directed to issue all building construction, and occupancy permits for said area on the basis of conformance with the amended plan. SECTION III. FILING. The Mayor and the City Clerk of the City of Iowa City are hereby authorized and directed to certify this ordinance and the amended plan; and Northwestern Bell Telephone shall record at the office of the County Recorder of Johnson County, Iowa, a copy of this ordinance after the final passage, approval and publication as provided by law. rn9 Or ince No. 84-3179 Pays 1 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 10th day of April, 1984. 14 MAYOR ATTEST: j%j„�.,�y 7( -r y U11 ULERK Ro:ely°d & a�Le3a1 AaFrOyed � _i e m V RE5UQD/V/S0/Y of LoT 62 PA*fl*2 .Mac AR /,Of ADD/Tloso' is_ss' i I j EXHIBIT A ,t It was moved by Ambriscoand seconded by Erdahl that the Ordinance as read be'adopted and upon roll call there— were: erewere: AYES: NAYS: ABSENT: X AMBRISCO _ X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration X)CQIX Vote for passage: Second consideration xxxxx Vote for passage 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: McDonald, Ambrisco, Dickson, Erdahl, Strait, Zuber. Nays: None. Absent: Baker. Date Published: April 18, 1984 Iia CITY OF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3179 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of April , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 18th day of April , 19 84 Dated at Iowa City, Iowa, this 1st day of June ,19 84 Ramoba Parrott, Deputy City Clerk 8 1/40, 8/ Printers fee S *7.1— CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County.ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county. and that a notice. a printed copy of which is hereto attached, was published in said paper _L— timelsl. on the fol- lowing datelsl: t Subscribed and sworn to before- me this aS day of- A. A.D. T Notary Public -/0--.2 (0 Pb PaQl1J90P 4tlaaat 'auo9dat01 tt88 uua IACTORY FORD tow -IN -4110N o; Paluvu0 luO"S90 ua apnt04 white, with bench War 03 Papuame 49au011 sl 9111-18 a0u9ulPuO Ind Cushions fold to aR POLISI Owlsa Z 11ed •u00IPPV aPllgmek red. W. 7380910 after •29 901 PaplAlP0ns8110J wIII 0ulsno9 4uaw 9B FORD COURIER,t -dOIaAdP PaOuetd P8AO1aoe a91 -1 NOI1)3S Ion, 3381D94. 9B3 FORD RANGER ) :Q" 1 '4343 upper, cruise, duel I 90101 {0 ll0uno3 4317 aril 49 pal0eua 7t ag auto. 88,300. 3373881. 980 CNEVY pickup, 1 'Z IbVd 'NO11IOOV 301NS 710@Z9 101 lexl Mggine, am/ m, 03OIAIO9nS3b bOA NVId ONISnON 1113Nd013AM 4M oorr19st1 offer. Ca 03NNrld '111111! 3X1 SNION3kV 3311111110110 154778 'ON 33NVNIOND :our Wheel sewing machine; table. Call after 19�. door. 1987 JEEP CJS Very 9 tion. Priced M below . Call after 5 P.m, 6" 22 JEEP BMW R 100 tim, MW 337,101. bV t r ORDINANCE NO. 84-3180 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 30 NORTH CLINTON STREET FROM P TO RM -145. 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 P to RM -145, and the boundaries of the RM -145 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 30 North Clinton Street which is legally described as follows: The west 130 feet of Lot 3, Block 79 of the Original Town. 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 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. Passe required. by ATTEST: Reeeivcd & Approver! By The Legal 113 It was moved by Zuber and seconded by Strait that the Ordinance as rea a adopted and upon 7—oTT—c—a7 were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD �'— STRAIT T— ZUBER First consideration XXXX Vote for passage: Second consideration XXXX Vote for passage 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: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Date Published May 2, 1984 ere 114 CITY OF IOWA CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-500D I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3180 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of April , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 2nd day of May , 19 84 . Dated at Iowa City, Iowa, thislst day of Jame ,19 84 . m na Parrott, Deputy City Clerk i W_ Printers fee S / CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson Countv.ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen. being duly sworn. sav that 1 am the cashier of the IOWA CITY PRESS -CITIZEN. a news- paper published in said county. and that a notice. a printed copy of which is hereto attached. was published in said paper ._/—. * — timelsl. on the fol- lowing datelsl: Subscribed and sworn to before me this2-lJday of , A.D 19$1. �� pp Notary Public No. j.j 4,n o OFFICIAL PUBLICATION ORDINANCE NO. 84-3180 ORDINANCE AMENDING THE ZONING ORDINANCE BY CBIINGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 30 NORTH CLINTON STREET FROM P TO RM -145. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described e obT r ♦s hereby reclassified from its present classification of P to RM -145, and the boundaries of the RM -145 zone as indicated upon the zoning map of the City of Iowa City, low, shall be enlarged to include the property located at 30 North Clinton Street which is legally described as follows: The west 130 feet of Lot 3, Block 79 of the Oriqq inal Town. SECTION l?. The building inspector is ere y out orized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publica- tion of this ordinance as provided by law. SECTION 111. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of ,Johnson County, Iwra, upon final passage and publication as provided by law. SECTION IY. REPEALER: All ordinances asannapars o or nances in Conflict with the provisions of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, prov s on oil ' parioifhe Ordinance shall D< adjudged to be iovelid 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 a In effect after its final Passage, approval and publication as required by law. Passed and a proved this 24th day of APril, 1984. ATTEST: 2� MAYOR May 2. 1984 ORDINANCE NO. 84-3181 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 524 N. JOHNSON STREET FROM P TO RM -12. 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 P to RM -12, and the boundaries of the RM -12 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 524 N. Johnson Street which is legally described as follows: The south sixty (60) feet (more or less) of Lot Four (4), Lot Thirty (30), original Town of Iowa City, Iowa, according to the recorded plat there- of. SECTION II. The building inspector is erg y -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 aut orize 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 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 proved this 8th day of May, 1984. ATTEST: E?eaeived 3 Approves! By Tha Legoi isepastmar /fill r/. /... 1 i S It was moved by Erdahl , and seconded by Dickson , that the Ord finance as read e adopted and upon ro 11 ca I I there were: AYES: NAYS: ABSENT: X AMBRISCO R BAKER _ x DICKSON X ERDAHL X MCDONALD X STRAIT x_ ZUBER First consideration XxxX Vote for passage: Second consideration xxxx Vote for passage 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 be voted upon for final passage at this time. Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None Date Published May 16, 1984 116 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/A CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3181 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of May , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 16th day of May , 1984 Dated at Iowa City, Iowa, thislst day of June 1984 . Ram6na Parrott, Deputy City Clerk 11 C39 Printers fees CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN r Bronwyn S. Van Fossen being duly'. sworn. say that I am the cashier of Lhe IOWA CITY PRESS -CITIZEN. a news- paper published in said county. and that a notice. a printed copy of which is hereto attached- was published in said paper /_ -. time(s), on the fol- lowing dates) Cashier Subscribed and sworn to before me this -,23d day of _11 , A. D. 19(&q . rN.LP1A.131/� C-�^�J c �p Votary Public No. �i 11j9 0 SHA Or' STUB LB C OFFICIAL PUBLICATION ORDINANCE NO. 86-3181 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 524 N. JOHNSON STREET FROM P TO RN -12. BE IT ORDAINED BY THE CITY COUNCIL OF THE i 'CITY OF IOWA CITY, IOWA: SECTION 1. That the property described e ow is hereby reclassified from its present classification of P to RN -12, and oe boundaries of the RN -12 zone as Indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property located at 526 N. Johnson Street which is legally described as follows: The south sixty (60) feet (more or lessl of Lot .Four (a) Lot Thirty I30), original Town of Iowa City, Ilowa, according to the recorded plat there- of. SECTION 11. The building inspector is ere y au ortZ�Q, i4ffi directed to change the zoning map .Vibe City of Iowa City, Iowa, to confom to this aciandnent 'upon the final passage, approval and publica- tion of this ordinance as pro"ded by law. SECTION III. The City Clerk is hereby au _ ie and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final •pgppsage ' and publication as .provided by I.Y' SECilbN- 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, prov son or part o e Ordinance. shall be adjudged to be invalid or unconstitu- tional such adjudication shall not affect, the vai idity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti tutienal. SECTION VI. EFFECTIVE DATE: This Ordi- nance Shall be in effect after its finals passage, approval and publication as required by law. Passed and a proved this 8th day of Eby, 1984. , ATTEST:%/! _ 1 Y /_ 1TY CL RK 82891 May 16, 1981 I b ORDINANCE NO. 84-3182 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REVISE THE OFF-STREET PARKING REQUIRE- MENT DESIGN STANDARDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Ordinance of the City of Iowa City is hereby amended by deleting Section 36-58(c)(2)g and inserting in lieu thereof the following: 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. The Zoning Ordinance is amended further by deleting Section 36-58(c)(3)a.4 and inserting in lieu thereof the following: No parking space shall be located closer than five (5) feet to a ground floor doorway or a window of a dwelling unit. SECTION II. REPEALER: All ordinances and pars 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. SECTIONIV. EFFECTIVE DATE: This Ordi- nance shall e in effect after its final passage, approval and publication as required by law. Passed and approved this 8th day of May, 1984. 1�� �� ATTEST: Received & Approved By The Legal Dcpaitment 117 It was moved by Erdahl and seconded by Baker that the r finance as read be adopted and upon ro I I ca I I therF- were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT ZUBER First consideration 4/10/84 Vote for passage: Ayes: Dickson, Baker, Erdahl, McDonald. Nays: Strait, Zuber, Ambrisco. Absent: None. Second consideration 4/24/84 Vote for passage : Ayes: Baker, Dickson, Erdahl, McDonald, Strait. Nays: Zuber, Ambrisco. Date published 5/16/84 CITY OF IOWA CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIN, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3182 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of May , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 16th day of May , 19 84 Dated at Iowa City, Iowa, this 1st day of June 1984 . Ramgha Parrott, Deputy City Clerk a3 Printers tee S /1� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County. ss. THE IOWA CiTY PRESS -CITIZEN Bronwyn S. Van Fossen, being dul% sworn, say that 1 am -the cashier of the IOWA CITY PRESS -CITIZEN. a news- paper published in said county. and that a notice. a printed copy of which is hereto attached. was published in said paper /___ . timels). on the fnl- lowing date(sl: Cashier Subscribed and sworn to before me this 49,14— Cday of A. D. 19 ty Notary Public No. /15'1 PO SHARON 57 5 J OFFICIAL PUBLICATION ORDINANCE NO., 84-3182 Ah ORDINANCE AMENDING THE ZONING ORDINANCE To REVISE THE OFF-STREET PARKING REQUIRE -- KENT DESIGN STANDARDS. ,BE IT ORDAINED BY THE CITY COUNCIL OF 114E CITY OF IOWA CITY, IOWA: SECTION I. The toning %,heOebyame of ended the: by rty o owe City if'. Oe leting Sect ton 38-58( foll Owing: and ineert inq in lieu thereof the follow tnq: If the number of parking spaces required M provided for a use. or a cOmOination of uses on a lot is greater than eight (8) spaces, none of those spaces asy be located in such a manner Ahat would require backing into an alle'f. :The Zoning Ordinance is anended further by deleting Section 36-58(c)(3)a.4 and inserting in lieu thereof the following: No parking space shall, located closer than five (5) feet to aground floor doorway or a widow of a dwelling unit. ' SECTION I1. REPEALER: All ordinances and ,provision oof�nancethiss 0 dinancin e are par 5 csth the hereby repealed. SECTION III. SEVERABILITY: If any 1�SSeec on, provls 0n Or par of the Ordi- flNnde shall be adjudged to be invalid.., {unconstitutional, such adjudication shall :Mot affect .the validity of the ordinance as a whole or any section, provision or part tnereof not adjudged invalid' or unconstitutional. Sis Droll ECTIONIV. EFFECTIVE ecDATE after nits final nance s a passage, approval and publication. as required by law. Passed and pproved this Bill day of May, 1984. /Y KAYOR r,rTEST: Y L 8:892 May 16, 1981 ORDINANCE NO. 84-3183 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY CREATING AN EXCEPTION TO THE MINIMUM BEDROOM SIZE IN TWO BEDROOM MOBILE HOMES. SECTION I. PURPOSE. The purpose of this ordinance is Eo—create an exemption to accommodate two (2) bedroom mobile homes having one (1) bedroom at least 70 square feet in area and often having a second bedroom at less than the required 70 square feet. SECTION II. ESTABLISHMENT. Chapter 17 of the Code of OrTinances of Iowa City is hereby amended by deleting Section 17-5(n)(3) and inserting the following in lieu thereof: 17-5(n)(3) Sleeping rooms. In every dwelling unit of two (2) or more rooms and every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least forty (40) square feet of floor space for each occupant thereof. Exception: Two bedroom mobile homes shall be required to have only one bedroom in compliance with this section. 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 a fect after its final passage, approval and publication as required by law. Passed and approved this 8th day of May, 1984. ATTEST: Racaived & Approved Ey The Legal Deperhnent /Z Y } 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 —7� ZUBER First consideration 4/24/84 Vote for passage:Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None. Second consideration xxxxx Moved by Ambrisco,Vsoeconded-by Mekson, 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, Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Date Published: May 16, 1984 CITY OF CIVIC CENFER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-500D I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. S4-3183 which was passed by the City'Council"of Iowa City, Iowa, at a regular meeting held on the 8th day of May , 19 84 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 16th day of May , 1984 Dated at Iowa City, Iowa, this 1st day of June 1984 Y� amcna Parrott, Deputy City Clerk 08 Printers tee CERTIFICATE E OF PUBLICATION STATE OF IOWA. Johnson County.ss: THE IOWA CITY PRESS -CITIZEN Bronwvn S. Can Fossen, being dull sworn, sac that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news paper published in said counts. and that a notice. a printed copy of which is hereto attached. was published in said paper /timelsi. on the fol- lowing date(sl: Cashier Subscribed and sworn to before me this day of /�[ _ A.D. Notary Public No. L1S:18 b 11 SHARON S'UBc3S OFFICIAL PU BLICAT ION ORDINANCE NO. 84-3183 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY CREATING AN EXCEPTION TO THE MINIMUM BEI)ROOM SIZE IN TWO BEDROOM MOBILE HOMES. SECTION I. PURPOSE. The purpose of this dr mance s o create an exemption to accommodate two (2) bedroom mobile homes having one (1) bedroom at least 7D square feet in area and often having a second bedroom at less than the required 70 square feet. 7 SECTION II. ESTABLISHMENT. Chapter 17 of e o e a r nances of Iowa City is 17-S(y)(3amend dinse ting eine ifollowing 10 lieu thereof: 17-5(n)(3) Slee 1n rooms. In every duelling unit o wo ) or more rooms and every rooming unit, every room Occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least forty (40) square feet of floor space for each occupant thereof. Exception: Two bedroom mobile hones shall be required to have only one bedroom in compliance with this section. SECTION ill. REPEALER: All ordinances an parts o ord nances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any sec ,on pro, s on or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordl- naMe s a a n e ect a ter Its final passage, approval and publication as .required by law. Passed and a proved this 8th day of Yby, 1984. ^ ATTEST: j%"T-.. _ :6ki.1- 82893 May 16, 1984 ORDINANCE NO.84-3184 ORDINANCE APPROVING THE FINAL PLANNED DEVELOPMENT HOUSING (PDH) PLAN OF HUNTER'S RUN SUBDIVISION, PARTS 2 AND 3, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. The final PDH plan of Hunter's Run Subdivision, Parts 2 and 3, submitted by Hunter's Run Development Company, is hereby approved and legally described in Attachment A. SECTION II. A variation from the require- ment underlying IS -5 zoning approved as part of this PDH plan is a density trade-off, whereby 4.186 acres of parkland are being dedicated to the City of Iowa City to allow development of multi -family housing on Lots 50 and 51 at a density of 5,500 square feet per unit. The overall density, including a proposed parkland, remains well above the required 8,000 square feet per unit. SECTION III. _This ordinance shall be in u orce and effect by law. SECTION IV. REPEALER. All ordinances and pars o 'or finances 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 a in effec after its final passage, approval and publication as required by law. Passed and approved this 22nd day of May, 1984. 1 ATTEST: Received & APPMV6d 'By The L,+uai DTP £ )Al ATTACHMENT A PART TWO Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th. Principal Meridians Thence N0046'46"E, 1,150.38 feet to the Center- line of Rohret Road, in accordance witn the Final Plat of Hunters Run Subdivision, Pert One, recorded in Plat Boole 22, Page 53. of the Records of the Johnson County Recorder's Office; Thence x0.55'12"E, 223.00 feet; Thence 559'04'48"E, 108.00 feet; Thence 50.55112"w. 190.37 feet to a point on said Centerline of Rohret Road; Thence 474.06'29"£, 329.64 ,feet along said Centerline; Thence Northeasterly 161.61•feet along said Centerline .on a 955.70 foot radius curve, concave Southeasterly, whose 161.42 foot chord bears N78057121"E; Thence N0.57'18"E, 228.55 feet to the Paint of Beginning of Part Two of Hunters Run Subdivision; Thence N27003'36"W, 61.43 feet; Thence N460011500w, 715.58 feet; Thence N39642'35"E. 124.50 feet; Thence Northwesterly 208.81 feet along a 307.00 foot radius curve, concave Southwesterly, whose 204.81 foot chord bears N69646132"w; Thence N89015139"W, 41.92 feet; Thence NO -44'21"E 201.00 feet; Thence 589.15139"E. 297.01 feet to a point on the Southwesterly Right-of-way line of Highway 218/518: Thence S46901'50"E, 879.58 feet along said Southwesterly Right-af-Way line to a point on the East line of the West twenty-five (25) acres of the Northwest Quarter of the Southeast Quarter (NA. SED of said Section 18; Thence S0.5711e"W, 529.90 feet along said East line to a paint an the Centerline of said Rohret Road; ?once N89"08'32"W, :_2.72 feet aiang• 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 N89018103"W; Thence N0097'18"E, 223.01 feet; Thence N90000100"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. PART THREE - Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence N0046'46"E, 1 150.38 feet to the Center- line of Rohret Road,in accordance with, the Final Plat of Hunters Alun Subdivision, Part One, recorded in Plat 9oole 22, Page 53, of the Records of the Johnson County Recorder's Office; Thence 40.55'12"E, 223.00 feet to the Point of Beginning of Part Three or Hunters Run Sub- division; Thence N46001'50"w, 139.47 feet; Thence 412'16'50"w, 146.95 feet; Thence !:79046'50"W, 139.73 feet; Thence N46001'50"W, 121.19 feet; Thence N6000150"W, 213.04 feet; Thence South- westerly 26.52 feet along a 225.00 foot radius curve.concave Northwesterly, whose 26.50 foot chard bears S87021145"W; Thence N99015'39"W, 20.33 feet; Thence NO'44'21"E, 185.00 feet; Thence 589'15'39"E, 10.00 feet; Thence 170644'21"E, 201.00 feet; Thence 589815139"E. 298.08 feet;Thence SO'44121"W, 66.00 feet; Thence 589615'39"E. 41.92 feet; Thence Southeasterly 208.81 feet along a 307.00 foot radius curve, concave Southwesterly, whose 204.81 foot chard bears 569.46'32"E; Thence S39042'35"W, 124.50 feet; Thence S46001150"E, 715.59 feet; Thence S2T'03136"E, 61.43 feet; Thence S0057'18"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 S78057121"W; Thence S74006128"W, 329.64 feet along said Centerline; Thence N0055'12"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. iaa It was moved by Ambrisco and seconded by Dickson that the Or finance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO R BAKER X DICKSON X ERDAHL X MCDONALD _ X STRAIT X ZUBER First consideration 4/24/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Second consideration 5/8/84 Vote for passage Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Date published 5/30/84 IT3 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-50DD 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. 84-3184 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of May , 1984 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 30th day of May , 19 84 Dated at Iowa City, Iowa, this 27thday of June ,19 84 Ram na Parrott, Deputy City Clerk 210 61h St. 500-700 W Coralville Iowa 351.1777 351-2 Emerald Courl 535 Emerald Iowa City 337.4323 RENT RANGES% 1 Bedroom: $255 2Bedroom, 1.1 '/a baths: $35 3 Bedroom, 2 baths: $440-$4 • Carpet • Spacious 1 • Central Air • Off Street • Disposal • loundr s • Large Rooms • Dishwash, •swimming Pools iwestgate • Bus Service • Excellent) • 24 hour mi Come see our Models Mon: Fri., set_ 9-12: other times by appoir V 1NEIWtOV11y MN31i Alp, 4 1S3119 '9861 'A9W 10 Aep pOZZ st41 paAo,ddv Pug Passed -.91 Aq pa4inba4 j9 uolls3ilgnd Pae IeAo4dde 'a69ssOd Loui{ tjl 4a119 %NSA Ul aq llR a3uyulpj0 &141 '3190 3AIl331d3 IA N01133S • lguotim"suo3un 4o Pl La2Ui P96PACPR IOU {oe'aV1 l4gd 40 'POL&i AoJd 'U0118s go 4U at 04N 9 se 02Uauip40 941 AO All PileA a44 1'ialig lou Lle4s WigelfP4119 Vons '1911011 -nii-Isuo3un 4o Dt1eAu4 aq of pa6Pnfp9 aq llgVs aJYPUIPIO o 4e0 4a uo s 11040 •uot Sas go Al 11199y3A3S ''pa,aada Ag8J04 849 »waip4P Si4l to UoLsiao4d 844 41iA 11111103 UL &83u9u/D4o to s34ed Pug sa3uguiP4o LLV 'a3193d3s 'AI N01133S ,Mgt Aq lal/a PUe aJ4pi unl ui aq IL94S a3Ue910 • si41 'III N0113 ' qP ,ead lee a4enbs 000 pa4inba4 a41 2AOge Llan sul9ua4 'ponied pasodo4d V 6u1pn13111 •AlisuaP 11249AO 241 •giun 4ad lea) a49dbs OOS'S lO Alisuap 9 1e IS Pug OS slol e9 6ulsnO4 Aliaa{-ljlnw 40 1UagdOLOAOP 110119 03 A9i3 amt l0 Alio aVl 01 palg3lpap 6uiaq a,p Duel%4gd {o sa4Jo 981'9 Aga4a4• 'Ho-apoil Allsop I sI U91d Had 6141 {o 1"d so paAo4dde buiuo1 S -SI bul At4apun a41 10 Vag -a.inba4 941 un41 UoI19L4vA 9 '11 N01133S •y log 13911V U P1gi4Jsap 419601. Put Paso4ddo g8Ja4 If AugdM3 lua1WOIaAad unit s, 4a1un1j;, g pagliWns 'E PUO Z s149d 'UOlslA n s,4alunH to wLd HOd L•Ui4 ayi 'I N0rnM :9A01 'A113 91101 10 113NA03 1113 3H1 is 03NI90ad A 38 '9A01 'Allo 9AOI Y ON9 Z S189d '401SIA1080S 111111 S.N3INON 30 N91d (Nod) ONIS00N 1N3NA013A30 DUN" 19NI1 3111 ONIA0add9 37X91110110 "It -t9 'ON 37NOION0 uial�end ivnldio 'I Ignd ,ileION • X�sl ]'tl '-Io iep� s141 aW alolaq of %Homs pue pagpzisgnS laiyseO :(slalep 211IM01 -loI all] U0-(slau%rl - — laded pjes Lit pagsq 9nd sem •paLIKIle 01-3104 ri q.ilgI% jo -Cdo.i palmed P. 'eanou r regi pur. •.%iunoa pjes Lit pags1lgnd laded •s.aau 13 'N' A1I3VAIL01 ayi Io laigse.) ayi we 11943 ries 'Moms .ilnp Iulaq •uass03 ue•% .S uS.%U0Jjj N3ZLL10'SS3Hd A110 %'MOI 3H.L :ss'kiuno0 uosuyof'VM'01 30 3.LFr,LS \OI.LV3I-IHAd 140 3111`311411H313 /fe aa.j slaluud � ORDINANCE NO. 84-3185 AN ORDINANCE REPEALING CHAPTER 18 "HUMAN RIGHTS" AND ENACTING NEW CHAPTER 18 "HUMAN RIGHTS" OF THE IOWA CITY CODE OF ORDI- NANCES PROHIBITING CERTAIN ACTS OF DISCRIMINATION, PROVIDING FOR ITS ENFORCE- MENT, AND FOR JUDICIAL REVIEW. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to provide protection for the citizens of the City against discrimina- tion as defined in this Ordinance. SECTION II. REPEALER. Chapter 18 of the Iowa CityCo e OT rdinances is hereby repealed. SECTION III. ARTICLES I, II inAND III. This Or finance is su ivi a to Articles I, II and III as follows: ARTICLE I. IN GENERAL Sec. 18-1. Definitions. As used in this chapter the following terms shall have the meanings indicated: AGE means chronological age of any person who has reached the age of 18 or is considered by law to be an adult. CITY ATTORNEY shall mean the duly appointed attorney for the City or such person designated by him/her. COMMISSION shall mean the Iowa City Human Rights Commission. COMPLAINANT means a person who has filed a report of discrimination as provided for by section 18-37 of this chapter. COMPLAINT means a report of discrimi- nation provided for by section 18-37 of this chapter. CONCILIATION TEAM shall mean a team of two (2) members or more of the Commis- sion appointed to conciliate cases on which probable cause has been found.- COURT ound.COURT means the district court in and for the judicial district of this state in which the alleged unfair or discriminatory practice occurred, or any judge of such court if the court is not in session at this time. Icy ul u I alluc IYU. Pa-- 0 CREDIT TRANSACTION means any open or closed end credit transaction including but not limited to a loan, retail install- ment transaction, credit card issue or charge, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such discredit is extended in the regular course of any trade or commerce. DEPENDENT means any person, regard- less of age, who resides in a household and who derives primary care or support from that household. DISABILITY means the physical or mental condition -of - a person which constitutes a substantial handicap. A disabled individual is any person who 1) has a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) has a record of such impairments, or 3) is regarded as having such impairment. ELDERLY means any person who has attained the age of 55 years wherever that term is used in this ordinance. EMPLOYEE includes every person who works for wages, salary, or commissions or any combination thereof, and, in context, the term also incudes those who are seeking or applying for employment. EMPLOYER includes all persons, wherever situated, who employ one or more employees within the city, or who solicit individuals within the city to apply for employment within the city or elsewhere. The term includes the city itself, and all other political subdivisions, public corporations, governmental units conduct- ing any activity within the city, and public agencies or corporations. EMPLOYMENT AGENCY means any person undertaking to procure employees or opportunities to work for any other person. HOUSING ACCOMMODATION includes any improved or unimproved real estate which is used, capable of being used, or intended to be used as a permanent or temporary residence or sleeping place for one or more persons whether by sale, lease, or otherwise. It specifically includes lots suitable for single- or multi -family residential development. ►aS HOUSING TRANSACTION means the sale, exchange, rental or lease of real property or housing accommodation and the offer to sell, exchange, rent or lease real property. INVESTIGATOR means a person appointed by the city manager with the consultation of the Commission, to investigate com- plaints filed in accordance with this chapter. LABOR ORGANIZATION means any organi- zation which exists for the purpose in whole or in part of collective bargaining, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or _ protection in connection with employment. MARITAL STATUS means condition of being married, single, divorced, sepa- rated, or widowed. PERSON means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receiv- ers, the city or any board, commission, department, or agency thereof, and all other governmental units conducting any activity in the city. PUBLIC ACCOMMODATION means each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge. Each and every place, establish- ment, or facility that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establish- ment, or facility which is by its nature distinctly private, except that, when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for fee or charge or gratuitously, it shall be deemed a public accommodation during such period. PUBLIC ASSISTANCE SOURCE OF INCOME means income and support derived from any tax supported federal, state or local funds, including but not limited to social security, supplemental security income, Pa-- I. aid to families with dependent children, food stamps, rent subsidies, and unemploy- ment compensation. RESPONDENT means a person who is alleged to have committed an act prohib- ited by this chapter, against whom a complaint has been filed, as provided by this chapter. SEXUAL ORIENTATION means the status of preferring a relationship of affection or a sexual relationship with a consenting adult of the same sex or with a consenting adult of the opposite sex. Sec 18-2. Purpose. It is the purpose of this chapter to protect citizens of the city against discrimination as defined in this chapter. Moreover, this chapter provides for execution within the city of the policies of the Civil Rights Act of 1964 and the Federal Civil Rights Acts and the promo- tion of cooperation between the city and the state and federal agencies enforcing these acts. Sec. 18-3--18-15. Reserved. ARTICLE II. COMMISSION Sec. 18-16. Established; duties generally. There is hereby established the Iowa City Human Rights Commission whose duty it shall be to disseminate information and provide the mediation, conciliation and enforcement necessary to further the goals of this chapter and to protect citizens from unfounded charges of discriminatory practices. Sec. 18-17. Powers. The Commission created by this article shall have the following powers: (a) To receive, investigate, and finally determine the merits of complaints alleging unfair or discriminatory practices. (b) To investigate and study the exis- tence, character, causes, and extent of discrimination in the areas covered by this chapter and eliminate discrimination by education, con- ciliation, and enforcement where necessary. (c) To issue publications and reports of the research and investigations of the Commission subject to limitations of confidentiality. vruinenLe rvo. 84-3185 Pa-- i (d) To prepare and transmit to the city council from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings_ conducted and the outcome thereof, decisions rendered, and the other work per- formed by the Commission. (e) To make recommendations to the city council for such further legislation concerning discrimination as it may deem necessary and desirable. (f) To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this chapter, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. (g) To adopt guidelines by which to determine whether any conduct, behavior, or action may properly be deemed a discriminatory practice. (h) To make recommendations to the city manager and city council regarding the affirmative action program of the City and to offer assistance to city departments as will insure fair employment procedures and the provision of city services without bias. Sec. 18-18. Structure. The Commission shall consist of nine (9) members, appointed by vote of the city council. Appointees shall serve for a term of three (3) years and thereafter until a successor has been appointed. Vacancies shall be filled for the remain- der of the unexpired term. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the city. Sec. 18-19. Records to be public; excep- tions. (a) All records of the Commission shall be public, except: (1) Complaints of discrimination, reports of investigations, statements and other documents or records obtained in investi- M. uruinance No. tf4-S1tS Pa-- gation of any_ charge shall be closed records, unless a public hearing is held. (2) The minutes of any session which is closed under the provisions of this chapter shall be closed records. (b) No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discrimi- natory or unfair practice by confer- ence, conciliation, or persuasion, unless each disclosure is made in connection with the conduct of an investigation. Nothing in this provision shall prevent, however, the Commission from releasing such information concerning alleged or acknowledged discriminatory practices to the state civil rights commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission, and other agencies or organizations whose primary -purpose is the enforce- ment of civil rights legislation. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Commission or its staff shall constitute grounds for removal. Secs. 18-20--18-30. Reserved.- ARTICLE eserved.ARTICLE III. DISCRIMINATORY PRACTICES Sec. 18-31. Employment; exceptions. (a) It shall be unlawful for any employer to refuse to hire, accept, register, classify, upgrade or refer for employment, or to otherwise discrimi- nate in employment against any other person to discharge any employee because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual preference. (b) It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, lag UIL 1110116C 1YU. 04-0103 Pe -- apprenticeship or training or _any member in the privileges, rights, or benefits of such membership, appren- ticeship or training because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation of such applicant or member. (c) It shall be unlawful for any em- ployer, employment agency, labor organization, or the employees or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals are unwelcome, objection- able, or not solicited for employment or membership because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (d) The following are exempted from the provisions of this section: (1) Any bona fide religious institu- tion or its educational facil- ity, association, corporation or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institu- tion, shall be presumed to be a bona fide occupational qualifi- cation. (2) An employer or employment agency which chooses to offer employ- ment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not, however, discriminate among the disabled or elderly on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. /30 Ulu niauuu iw. 84-618S Pa I (3) The employment of individuals for work within the home of the employer if the employer or members of his/her family reside therein during such employment. (4) The employment of individuals to render personal service to the person of the employer or members of his/her family. (5) To employ on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal opera- tion of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (6) Notwithstanding the provisions of this section, a state or federal program designed to benefit a specific age classifi- cation which serves a bona fide public purpose shall be permis- sible. (7) To employ on the basis of disability in those certain instances where presences of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualifi- cation shall be interpreted narrowly. Sec. 18-32. Housing; exceptions. (a) It shall be unlawful for any person to: (1) Refuse to engage in a housing transaction with any other person because of age, color, creed, disability, marital status, national origin, ace, religion, sex, sexual orienta- tion, presence or absence of dependents, or public assistance source of income. (2) Discriminate against any other person because of age, color, creed, disability, marital status, national origin, race, religion, sex, sexual orienta- tion, presence or absence of 1,31 0, ance No.84-3185 P�,_ 9 i 3a dependents, or public assistance source of income; in the terms, conditions or privileges of any real estate transaction. (3) Directly or indirectly adver- tise, or in any other manner indicate or publicize in any real estate transaction that any person because of age, color, .creed, disability, marital status, national origin, race, religion, sex, sexual orienta- tion, presence or absence of dependents, or public assistance source of income is not welcome, objectionable, or not solic= ited. (4) Discriminate against the lessee or purchaser of any real property or housing accommodati- on or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodati- on, because of age, color, creed, disability, marital status, national origin, race, religion, sex, sexual orienta- tion, presence or absence of dependents, or public assistance source of income of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. (b) The following are exempted from the provisions of this section: (1) Any bona fide religious institu- tion with respect to any quali- fication it may impose based on religion when such qualifica- tions are related to a bona fide religious purpose. (2) The rental or leasing of four (4) or fewer rooms within an owner -occupied rooming house in which renters pass through the owner's living area. i 3a Oi ance No.84-3185 Pi 10 (3) Restrictions based on sex or the presence or absence of depend- ents in the rental or leasing of housing accom)nodations by non-profit corporations. (4) Restrictions based on sex in the rental or leasing of housing accommodations within which residents of both sexes would share a common bathroom facility on the same floor of the building. (5) Restrictions based on presence or absence of dependents in the rental or._leasing of housing accommodations within an owner -occupied dwelling of four or fewer units where the owner occupies the premises, or some portion thereof, and actually resides therein. (6) Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations where the owner occupied the premises, or some portion thereof, and actually resided therein as of the effective date of this ordi- nance. Owner, for the purposes of this exemption, shall be defined as a person having at least a 50% interest in the property. (7) Rental or leasing of housing accommodations where 75% or more of the persons residing therein are 55 years of age or older or are disabled as that term is defined in this ordinance. Provided that these qualifica- tions are met, such accommoda- tions may be designated specif- ically for the elderly and/or disabled subject to the require- ments of Section 18-32(d). (c) This section does not create an affirmative duty to remove barriers for the handicapped in excess of the requirements of Chapter 104A, of the Code of Iowa. (d) Housing accommodations may be designated specifically for the elderly and/or disabled. However, such housing accommodations may not /33 Or ince No. 84-3185 Pay' 11 otherwise be restricted among the elderly and/or disabled on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, sexual orienta- tion, public assistance source of income, or presence or absence of dependents, provided that any such dependents meet the definitions of elderly or disabled as provided herein. Designations of such restrictions shall be made part of any rental property on file with the City of Iowa City. Designations shall be in writing on forms provided by the City and shall be in effect until changed but shall apply for a minimum period of one year. Sec. 18-33. Public accommodations; exceptions. (a) It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages of any place of public accommodation because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful to directly or indirectly advertise or in any manner indicate or publicize that the patronage of persons is unwelcome, objectionable, or not solicited because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (c) This section shall not apply to any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications are related to bona fide religious purpose. (d) Public accommodations may be desig- nated specifically for the elderly and disabled. However, public accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed, disabil- ity, marital status, national origin, race, religion, sex, or sexual orientation. 1311 uroinance NO. 84-3185 Pa 2 Sec. 18-34. Credit transactions; excep- tions. (a) It shall be unlawful for any creditor to refuse to enter into any consumer credit transaction or to impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful for any person authorized or licensed to do business in this state pursuant to -Chapter 524, 533, 534, 536, or 536A of the Code of Iowa to refuse to loan or to extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (c) It shall be unlawful for any creditor to refuse to offer credit, life or health and accident insurance because of age, color, creed, disability, marital status, natio,ial origin, race, religion, sex or sexual orientation. Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting consideration not prohibited by Title XX. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this ordinance. (d) The following are exempted from this section: (1) Refusal to enter into any consumer credit transaction covered above shall not be a discriminatory practice if such 13S Uru man11e nU, 0y_JiOa Pac 3 denial is based on a fair and reasonable determination of credit -worthiness or ability to comprehend the transaction. Sec. 18-35. Aiding or abetting. It shall be a violation of this chapter for any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared to constitute discriminatory practices by this article. Sec. 18-36. Retaliations or reprisals. It shall be a violation of this chapter for any person to discriminate against another person because such person has either lawfully opposed any discrimi- natory practice forbidden by this article, obeyed the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter. Sec. 18-37. Report. (a) The following procedures are the only authorized methods for reporting a discriminatory practice to the Commission: (1) Any person claiming to be aggrieved by discriminatory practice within the city limits may by himself/herself or by his/her attorney, make, sign, and file with the Commission a verified written complaint which shall state the name and address of the person, employer, employment agency, or business organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the circumstances under which the discriminatory practice took place, the date, and shall contain such other information as may be required by the Commission. (2) The Commission, a commissioner, a city attorney, the state civil rights commission, or any other person aware of the existence of a discriminatory practice may in like manner make, sign, and file such complaint. 13( Urainance No.84-3185 P1 14 (b) Any complaint filed under this ordinance shall be so filed within one hundred eighty (180) days after the most recent act constituting the alleged discriminatory practice. (c) A verified copy of a complaint filed with the state civil rights commis- sion under the provisions of Chapter 601A, Code of Iowa, or EEOC shall be sufficient complaint for the purpose of this chapter, if it alleges either in the text thereof or in accompany- ing statements that the alleged discriminatory practice occurred within this city. Sec. 18-38. Investigation of complaints. (a) After the filing of a complaint, a true copy thereof shall be served within 20 days by registered mail to the person against whom the complaint is filed. Then a commissioner, the investigator, or another duly authorized member of the commission's staff, shall make a prompt investiga- tion of the complaint. (b) Upon application, the commission may issue subpoenas requiring a party to appear or to produce books, docu- ments, and records which may be relevant to the alleged discriminat- ing practice. The Commi;;sion may issue subpoenas if if finds the following to be true: (1) The subpoena is necessary to carry out a public hearing of the Commission; or (2) The respondent fails to provide information relevant to the investigation and the investiga- tor is unable to proceed without specific materials. (c) The investigator shall determine whether probable cause exists to believe that the person charged in the complaint has committed a discriminatory practice and shall file a detailed report with the city attorney. After completion of this determination, the city attorney shall send to the commission, a written statement of reasons as to whether or not probable cause exists to believe that a discriminatory practice occurred as alleged by the complainant. 13-2 Ordinance No. 84-3185 Pa [5 (d) At any time after the initial filing of a complaint of unfair or discrimi- natory practice, but before the investigator's recommendation to the city attorney, the investigator may seek a disposition of the complaint through the use of a predetermination settlement if such settlement is in the interest of the complainant. Predetermination settlements shall be subject to review by the Commission Chairperson. Sec. 18-39. Results of investigation; action to be taken. (a) Finding of no probable cause. After an investigation under this article: (1) If the investigator finds no probable cause to believe that the person charged has committed an unfair or discriminatory practice, and the city attorney concurs with that finding, he/she shall report the same to the Commission. If designated members of the Commission agree that no probable cause does exist, it shall notify the parties in writing by certified mailing, return receipt re- quested, of the findings and of the complainant's right to appeal therefrom. If they disagree as to no probable cause, they shall make the final determination on probable cause and proceed as provided in this chapter. (2) If the complainant fails to object to the finding of no probable cause within ten (10) days of receipt of such written notice, the Commission shall close the case. The secretary of the commission shall report this finding to the civil rights commission. (3) If the complainant objects in writing to the finding of no probable cause within ten (10) days of receipt of such written notice, the designated members of the Commission shall hear his/her evidence in executive session. If they again find no probable cause to believe that 38 uralnance No. 84-S12SS Pi l6 the person charged has committed a discriminatory practice, they shall declare the case closed. After appeal, if they find probable cause to exist, they shall proceed as provided in this chapter. (4) If the investigator and city attorney disagree as to probable cause, the designated members of the Commission shall make the final determination on probable cause and proceed as provided in this chapter. (b) Finding of probable cause. After an investigation under this article: (1) If the investigator finds probable cause to believe that the person charged has committed an unfair or discriminatory practice, and the city attorney concurs in that finding, then those members of the Commission designated as conciliators should make an independent evaluation as to the determina- tion as to whether probable cause exists before proceeding with the conciliation. (2) Upon the finding of probable cause to believe that the person charged has committed a dis- criminatory practice, a con- ciliation team shall promptly endeavor to eliminate such discriminatory or unfair practice by conference, con- ciliation, and persuasion in accordance with remedies provided in section 18-40. Section 18-40. Conciliation results. (a) If the conciliation team is able to effectuate a disposition agreeable to the complainant, the person charged, and the conciliation team, such disposition shall be reduced to a written stipulation and executed by the parties and the agreement reported to the Commission. (b) If the person charged and the conciliation team agree to a disposi- tion but the complainant fails tc agree, the team shall report the matter to the designated members of the Commission in executive session. 139 Ordinance No.84-3185 Pi 17 If the designated members of the Commission accept the conciliation agreement presented by the concilia- tion team and the person charged, they shall close the case (subject to continuing supervision of the charged party as provided in the agreement) and communicate the terms of the agreement to the state civil rights commission. This shall not prevent the complainant from taking other action as provided by law. If however, they reject the conciliation agreement, they may direct that further attempts at conciliation be made or proceed as provided in this chapter. (c) If the complainant and the person charged reach a mutually agreeable disposition of the complaint, but the conciliation team does not wish to ratify such agreement, the complain- ant and the person charged may proceed according to the terms of their agreement with no further involvement by the conciliation team and the Commission shall thereafter close the case. Such action shall not, however, in any way, prevent the complainant and the person charged, from subsequently filing a new complaint against the person charged concerning the same alleged discrimi- natory practice. (d) The terms of a conciliation agreement reached with the respondent may require him or her to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement, to take remedial action which, in the judgment of the Commission, will carry out the purposes of this act, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation agreement. Viola- tion of such a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the Commission of the violation, at any time within six months of its occurrence. In all cases where a conciliation agreement is entered into, the Commission shall issue an /90 Ordinance No.84-3185 P1 18 order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the Commission deems proper. At any time in its discre- tion, the Commission may investigate whether the terms of the agreement are being compiled with by the respondent. Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the Commission shall take appropriate action to assure compli- ance. (e) For the purposes of this subsection and pursuant to the provisions of this chapter "remedial action" includes but is not limited to the following: (1) Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compen- sation shall operate to reduce the pay otherwise allowable. (2) Admission or restoration of individuals to a labor organiza- tion, admission to or participa- tion in a guidance program, ap- prenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. (3) Admission of individuals to a public accommodation or an educational institution. (4) Sale, exchange, lease, rental, assignment or sublease of real property to an individual. (5) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the dis- criminatory or unfair practice. (6) Reporting as to the manner of compliance. (7) Posting notices in conspicuous places in the respondent's place of business in a form prescribed JW OrA'^ence No. 64-61&) Pe l9 by the Commission and inclusion of notices in advertising material. (8) Payment to the complainant of damages of an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees. (9) In addition to the remedies in the preceding provisions of this subsection, the Commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the Commission will carry out the purposes of this chapter as follows: (a) In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the Commis- sion, upon notice to the respondent with an opportu- nity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his or her employment, the Commis- sion shall so certify to the licensing agency. Unless the practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee discipli- nary procedures. el -p- urninance no. 84-3185 Pa !0 (b) In the case of a respondent who is found by the Commis- Sion to have engaged in a discriminatory or unfair practice in the course of performing under a contract or submarine with the state or political subdivision or agency, if the practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board or executive agent acting within the scope of his or her employment, the Commis- sion shall so certify to the contracting agency. Unless the Commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimina- tion is binding_. on the contracting agency. (c) Upon receiving a certifica- tion made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this act; and assist the state and all political subdivi- sions and agencies thereof to refrain from entering into further contracts. (10) The election of an affirmative order under paragraph (2) of this subsection shall not bar the election of affirmative remedies provided in .paragraph (1) of this subsection. Section 18-41. Proceedings upon failure to conciliate. (a) If the conciliation team is unable to effectuate a disposition agreeable to the parties within ninety (90) days, it shall file a report of no con- lv3 urn,nance no. 84-3185 Pa 11 ciliation with the Commission and report what further action as provided herein should be taken. (b) A conciliation team may recommend: (1) That no further action be taken thus closing the case. (2) That the Commission cause to be served a written notice requir- ing the respondent to answer the charges of such complaint at a hearing before the Commission. Sec. 18-42. Notice and hearing. (a) In case of failure to satisfactorily settle a complaint by conference, conciliation, and persuasion, the Commission may issue and -cause to be served a written notice together with a copy of such complaint, as the same may have been amended, requiring the person charged to answer such complaint in writing within ten (10) days after the date of such notice or within such extended time that the Commission may allow. (b) When the conciliation team is satisfied that further endeavor to conciliate would be futile, the team shall report the same to the Commis- sion. If the Commission determines that the circumstances warrant, it shall issue and cause to be served a written notice requiring the person charged to answer the charges of such complaint at a hearing before the Commission or such other person designated by the Commission to conduct the hearing, hereafter referred to as hearing examiner, and at a time and place to be specified in such notice. (c) The case in support of such complaint shall be presented at the hearing by the city attorney or his/her agent. The members of the Commission who investigated or attempted to concili- ate the complaint shall not partici- pate in the hearing except as a witness nor shall they participate in the deliberations of the Commission in such case. (d) The person charged may file a written verified answer to the complaint, and may appear at the hearing in person, with or without counsel, and submit testimony. In the discretion of the 1W Ordinance No. 84-3185 Pai 2 hearing examiner, a complainant may be allowed to intervene and present testimony in person or by counsel. (e) When the person charged has failed to answer a complaint at a hearing as provided by this section, the Commission may enter his/her default. For good cause shown, the Commission may set aside an entry of default within ten (10) days after the Commission may proceed to hear testimony adduced upon behalf of the complainant. After hearing such testimony, the Commission may enter such order as in its opinion the evidence warrants. (f) The Commission or the complainant shall have the power to reasonably and fairly amend any complaint and the person charged shall have like power to amend his/her answer. (g) The Commission shall not be bound by the strict rules of evidence prevail- ing in courts of law or equity but the right of cross-examination shall be preserved. Plaintiffs shall bear the burden of proving allegations in the complaint. The testimony taken at a hearing shall be under oath, recorded, and, if ordered by the Commission, transcribed. Sec. 18-43. Findings and order. (a) If 'upon taking into consideration of all of the evidence at a hearing, the Commission determines that the respondent has engaged in a discrimi- natory or unfair practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the Commission shall carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, and complainant, and to any other public officers and persons as the Commission deems proper. A description of possible remedial actions appear in Section 18-40. (b) If, upon taking into consideration of all the evidence at a hearing, the Commission finds that a respondent 141,50 uralnance No. 84-3185 Pa !3 has not engaged in any such discrimi- natory or unfair practice, the Commission shall issue an order denying relief and stating the findings of fact and conclusions of the Commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent. Sec. 18-44. Judicial review; enforcement. (a) The Commission may obtain an order of court for the enforcement of Commis- sion 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 proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such tran- script an order enforcing, modifying, and enforcing as so modified, 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 proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. (d) Any party to the enforcement proceed- ing may move the court to remit the case of 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 testi- mony shall be available to all parties for examination at all )V4 Ordinance No. 84-3185 Pa :4 reasonable 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 desig- nee. (g) If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the Commission, the Commis- sion may obtain an order of the court for the enforcement of such order upon showing that the person charged is subject to jurisdiction of the Commission and resides or transacts business with the county. Passed and approved this -22nd day of Mav 1984. ATTEST: M7 It was moved by Ambrisco , and seconded by Baker , that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: X _ X X X First consideration Vote for passage: ABSENT: AMBRISCO BAKER DICKSON X ERDAHL MCDONALD X STRAIT )GC.'QOC ZUBER Second consideration S/8/84 Vote for passage Moved by Dickson, 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 that second consideration be given at this time. Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Date Published 5/30/84 ►ys ATTACHMENT Per Asst. City Atty. David Brown 7-19-84 RE: ORD. 84-3185 Certain typographical errors have been discovered in the text prior to its codification. The errors have been corrected and the codification accurate. The Ordinance, 84-3185, has not been retyped so the errors remain. Copies of the Ordinance for distribution should be made from the code copy. The typographical errors are not substantial in nature as viewed by Asst. Brown. The sections affected are as follows: Sec. 18-1. Definitions. Credit Transaction third line from the end should read "payments, when such credit is extended" on page 2 of ordinance. Sec. 18-37. Report.(Page 13 of ordinance) (a) (1) midway through the word business should be changed to labor. The line would read "employment agency, or labor". Sec. 18-40.Conciliation results. (c) (on page 17 of ordinance) last sentence should read "Such action shall not, however, in any way, prevent the commission, as a nonparty to the agreement entered into between the complaint and the person charged, from subsequently filing a new complaint against the person charged concerning the same alleged discriminatory practice." Sec. 18-42. Notice and hearing. (e) (on page 22 of ordinance) Second sentence should read "For good cause shown, the commission may set aside an entry of default within ten (10) days after the date of such entry." Third sentence should read "If the person charged is in default, the commission may proceed to hear testimony adduced upon behalf of the complaint." 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. 84-3185 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of May , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 30th day of May , 19 84 Dated at Iowa City, Iowa, this 27thday of June 1984 . 6:2)�� ampna Parrott, Deputy City Clerk Printers fee�� CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson.Ceunty.ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen. beim; duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN. a news- paper published in said counts% and that a notice a printed alp} mil '.%hich 1 hereto att shed. was published in said paper _ time(s). on the fol- lowing ate(s): 3d Cashier Subscribed and sworn to before me I this d day of , A.D. 19 Notary Public; OFFICIAL PUBLICATION "'— ORDINANCE 100, a-3185 AN OROI NANCE REPEALING CHAPTER 18 •NUNip RI6NT5' AND ENACT{NG MEN CHAPTER 18 'N(MAN RI GNTS• OF THE IOW CITY CODE OF ADI ES RANLES VIONIBITIN6 CERTAIN ACTS DF DISCRIMINATION, PROYIgIN6 FOR ITS. ENFORCE. HFN1, AHO FOR JUDICIAL REYfEW. BE IT ENACTED BY THE CITY COUNCIL OF 100 CITY, IOWA; ECTION DURPO The Purpose of this n n s rovIle protection for the Citizens of the Lity against diStrimina- tlm as defined in Lois Orolnance. SECTION RI. REPEALER. Chapter is of the Tre�x,"CT{1WR 9, Ordinances tt hereby III i M used in this Chapter the follewiig terms shall have the meanings indicated: ABE means chronological age of any person who has reached the age of 1D or is considered 'b) taw to be an adult, .'CITY ATTORNEY shall mean the duly appointed attorney for the City or such Person designated by him/her, COMMISSION shall mean the Iowa City • than Rights Commission. ' COMPLAINANT filedmans diScrimtnatton hon has as provided for by section I8-17 Of this Chapter. COMPLAINT means a report Of discrimi• ( nation provided for by section 18-37 Of this chapter. CONCILIATION YEAH shpl mean a tame ' of two (2) mmryeri or more of the Camels - Sion appointed th conciliate cases :on .whish probable cause has been found. COURT means the district court in and for the judicial district of this state in 'which the alleged unfair Or discriminatory _ practice occurred, Or any judge of such 1 court if the court is net In session it • this tire. CREDIT Closed end edittnson Incl ud tnq but. not limited to a loan, retail install- _ mint transaction, credit card issue or 'harp:, and whether for personal ar for business, purposes, in which A service, finance, or,interest charge is imposed. Or Which provides for repayment in scheduled Payments, diet .such discredit is extended in the regu140.6ourse of any trade or commerce. ' DEPENDENT meant Any person, regard- less of ages who let to a household and who der l vas primary care or support from that household, DISABILITY means the physical or mental condition of person which constitutes a Substantiaa l handicap.. A disabled in ivldual is any Person who 1) has a ph sisal Or mental Impairment which substantiallyy 1M1ts one or more. of such Person's me,lar life activities, 2) has a record of such Impatnents. or 3) is regardetl es Having such impairment, ELDERLY omens any person who has attained the age of 55 years Mere ver that ten 1s used in this ordinance. EMPLOYEE includes every person who works for wales, salary, or commissions or Amy combination thereof, and, in context, the ternalso Incudes those who Ara seeking or applying for mplpymmt. EMPLOYER includes, ell persons, wherever situated, who employ one. or more employees within the city, or who solicit individuals within the city to applyrfor empThe t�n includes thecity a yor Immitself, and all other political subdivisions, public corporations, governmental .unitsconduct- s dFr��qq lirany activity within the city, And • oamen. b. n... � •. _ r'cm , XMLT means any person undertakenp to procure employees or opportunities to work for any other person. HOUSING ACCOMMODATION includes anqq .. improv tl'or cappaablee o of rbeineal g state used, Ior intended to be used as a permanent or temporary residence or sleeping plate for one or more persons whether by sale, I ease, or otherwise. It spec ificelly includeslots suitabt¢ or single- or r multi -family residential da/velopment. HOUSING TRANSACTION means the sale, exchange, rental Or lease of real property i or housing accommodation and the offer to 4(L sell, exchange, rent or lease real property. INVESTIGATOR means a per Son appointed by the city manager with the consultation of the Commitsion, to investigate com- plaints filed in accordance with this chapter. LABOR ORGUIZAT16N means any organi- zation which exists for the purpose in whole or in .part Of collective bargains" of dealing with employers concerninng9 grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment. MARITAL STATUS means condition of being married, single, divorced, sepa- 1 rated, or widwed. PERSON means one or we individuals, I. partnerships, associations, corporations, legal representatives, trustees, receiv- ers. the city or any board, commission, department, or agency thereof, and all other governmental units conducting any activity in the cityp PUBLIC ACCOQ ATION means each and every place, establishment, or facility of i -whatever kind, nature, or class that caters or offers services, facilit/es, or goods to the general public for a fee or charge. Each and every place, establish - I. ment, or facility that caters or offers services, facilities, or goods to the general Public gratuitously shall be .deemed a public accommodation if the k accommodation receives any substantial r 9overmental support or subsidy. Public accommodation shall not mean any bona fide Private club or other place, establish- ment or facility which is by its nature i distinctly private, except that. when such I. distinctl private place, establisbaent, or facility caters or offers services, facilities, or goods to the general Public for fee or charge or gratuitously, it shall be deemed a public accennodetipn during such period. i, PUBLIC ASSISTANCE SOURCE OF INCOME means income and support derived flan m tax supported federal, state or loceal funds, Including.but not limited to social security, suppemental security Income, aid to families with dependent children, food stamps, rent, subsidies, and unemploy. -ment compensation. nm means a person, who is Ive committed an act Prohib• 6 chapter, against whom A been filed, 1s provided by atAUAL URIENTATION means the status of preferring a relationship of -0ffeCtioh or a sexual relationship with A consenting adult of the same sex or with a consenting ,adult of the opposite sex. Sec 18-2. Purpose. It is the purpose of this chapter to Protect citizens of the city against discrimination as defined in this chapter. Moreover, this chapter provides for execution within the cityof the Policies Of the Civil Righis Act Of 1964 and the Federal Civil Rights Acts and the promo- tion of cooperation between the city and the state and federal agencies enforcing these acts. Sec. 18-3--18-15. Reserved. ARTICLE I1. CO MISSION Sec. 19-16. Established; duties generally. 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It 047 01 110004 put S'WaA o1 (p) 'A71lfilueptiu03 /o cu*t�g1all M iAfgnc Mimi 07 643 Jo suolit6QUAUI Put 4)A18144 '0 6Uodu Pug sOLIIIINN MISS Di Les S038Y Ul 0494A ;nWo'diva put 'eeg9HP •w2 'UOl7MDpa Act uQ"fu PgJlS{P f -30UMla On A;dl43 447 Ad ps,6A92 SM,O 043 UI w{l4ulaloflp )o luqua PUP •Sa1n13 .013/4042 834611 -c1 V1 847 APnIS pug 01P61gwaY1 q R'0itulatASIP A ,geiUn ,S6u Oa if I sIULtidWz Jo S]IJw 1.4 wjSWIap I ALLou1) Pug a3WtInAul IIA"SaA 01 ' •SJanod 6alnaLIDJ 841 0ARV LL041 4L4110847 (l), Ag PQ40J2 UOl SS law, Sue AJO1VULa1'IS1P 00 106043 Oo0an6Jun •Wit s031312 %Moil q0 A36l2 1147 is Stood 647 JSVIJOJ n ;hiss** w 3var3AJw LWg w11VI113r3 '0171IPMs- 0U7 �pieotl sec. 1843——Fub1iC 4Ze0KMEit/Bns l --I exceptions. i (a) It shall be unlawful far any person to deny AnY other person the fy11 and equal feJeyemnt. of the oebds. services, facilities, prlvlllCgas. advantages of any place of public t aCCo nodation because of ape, color, creed, disability, .marital status, national origin, race, religion, .sax, or sexual orientation. (b) It shall be unlawful to directly or ' indirectly advertise or 1n any wanner I indicate or publicize that the patronage of persons is unit Came, objectionable, or not solicited because of age color, treed disability, Nrita} status, n4tionaf I origin, race, religion, sex, Or sexual orientation. (c) This section shall not apply to try 11 bona fide religious institution with respect to My qualifications the institution may impose based " reltpion when such. qualifications are rolldl to bona .fide religious Mass. (d) wilt accommodations may M dinig. nated specifically for the elderly and disabled. However, public Accommdations nay not De rOstrtcted among the elderly anddisabled on the basis of age, color, creed, disabil. ity, marital status, national origin, race, religion, sex, or sexual orientation. Sec. 18-34. Credit lransacttanst ncfp- tions. (a) It shall be unlawful for any Creditor to refuse to enter into any crosemer credit transaction or to impose finance Chargesor other tern ar conditions more Onerous than those regularly extended by that creditor to consumers Of similar •cenamie beckprounds because of age, color, creed, Olsability, marital status, national origin, rate, religion,, an, i or sexual orientation. (b) It shall be unlawful for any person authorized or licensed to do business in this state pursuant to Chapter 524, 533 534, 536, or 536A of the. Code of Iwa to refuse to loan or to extend credit or to impose terms Or Conditions more onerous than those regularly extended to persons of 1 SISI1M economic backgrounds because 1 Of age, color, creed, disability, marital status, national origin, race, religion, sex; or sexual s orientation, (c) it shall be unlawful. for any creditor to refuse to offer credit, lifeor health and Accident Insurance Mauro of a". color, creed, disability, marital status. Ntlaeal er10tn race, religion, sex ar sexual -- orientation. Refusal by a creditor to offer credit, life ar health and accident isagraece based upon the K ar disability. of the consumer ,hall not be an unfair or discriminatory I practice if such denial Is 046e4 solely upoA bona fide underwriting eonsi4ar4tim not Prohibited by title ex. The provisions of this section' � She11 not N construed by negative . 1 Implication or otherwise to harrow or restrict Any ether Provisions of •CAIS ordinance. 1 (4) The following are exempted from this section; i (1) Refusal to enter into any cansuur credit into covered above shall rot be a discriminatory practice if such denial is based on a fair and reasonable determination of credit -worthiness or ability to comprehend the transaction., Sec. IB45. Aiding or abetting. It shall be a vialetion of this chapter for any person to intentionally aid, abet, Compel ,'or carC• another ( pars" to oppf in any Of the practices declared to constitute discriminatory practices by this Article. Se,. 18.36. Rataliations a reprisah. It shall be a violation of this chapter far any Person to disCrMaInto AgAlast another person because such Person 14S eftMr lawfully' o��{pfoosed any discrimi- e4tory practice forbidden by this article. ' eagles the. Revisions of this Chapter N taelete!- teAtjl. "_. I S•OE:B "loS itA 1 9.0E:8 "Nd•'uoyy All 4MO1NMO4 Se S►st-ace Y n 9.01 "u^S ?S 9.6 "IDS WOW 6.6 ••IJA-'uoW '11O3 1S387NMO1 � I lei Any Complaint -'filed under- this 4r11lnaK4 Shall be so filed within onehundred eighty (160) days aftfr I_ I CM most fKemt Act constituting the alleged discriminatory practice, (o) A verified COPY Of 4 complaint filed with the state civil rights Corals. I sion under the provisions of Chapter 601A, Code of laws, or EEOC shall M sufficient complaint for the purpose i of this Chapter, if 1t Alleges either inthe text thereof or 1n 4cCdnpp4ady- ing statements that. the a11e%; within this city. -- - ,_........ , Sed. 19-38. Investigation of complaints. (a) After the filing of a complaint. a true COPY thereof shall be Served within 20 days by registered mall to the person against whom the •Complaint Is filed.. Then a Commissioner, the Investigator, Or slather duly authorized member of the. commission's staff, shall make aprompt investiga- tion of the complaint. (b) upon application, the Commission may issue subpoenas requiring a pert to i appear or to prayte books, party to and records Mich may be rel Want to the alleged discriminat. .idg practice. The Coon lesion nay issue 'Subpoenas If if finds the follwing to be true: (11 The subpoena is necessary to Carry Out a public heartig of the Ccwisslen; er (2) The respondent fails to prOvide Information relevant to ted i investigation and the 1nveStl94- tor is doable toproceed without specific .materials. (Cl The investigator shall determine whether probable cause exists to believe that the person charged in the complaint has, committed a discriminatory .practice and shall file a detailed report with the city attorney. After Completion of this determination, the City attorney shall Send to the Cmaissim, a written statement of reasons 46 to whether or not Probable cause exists to believe that a discriminatory } practice mcurrsd as alleged by the complainant, (d) At any time after the Initial filing I Of 4 complaint of unfair or discrimi. I notary practice, but before the investigator', rKan se d,tim to the city attorney, the Investigator may seek attorney. of the Compiaint ' through the use of a predetermination 1 settlement If such settlement is in the interest of the t. Predetermination settlements shall 1 subject to review by the Camissiom Chairperson. SOC18-39. Result$ of investigation; action to be taken. (a) Finding of no probable cause. After en lnvettigatim under this article: (1) if the investigator fills hen An unfair or discriminatory Practice,. and the city attorney concurs with that finding, he/she .shall report the $"a to the. CCmia$ion. If design4te8 members of the Commission agrre I that no probable cause does exist, 1t shall notify the. ' parties in writing by c,rtlfJ d nailing, return receipt re- quested, of the findings and of the complainant's right to APpeal theeefra. ff they disagree as to An probable Cause, the shall wake the final I determinatlan M probable cause and prroceed as Provided in this, (2I cha If pt complainant fails to Object to the finding of no Probable cause within ten. (10) ' days of receipt of such written notice. the Comist ion shill ' of the commission shall raper( this finding to the civil rights Comission. i ......Lew. v. �. _.....-._ -.. - _- Rv N -31Y5 cillatf" tale, shall priiptl,y endedror to ellethat• such i discriminatory M unfair practice by Conference. CPA— cillstlen, and persuasion 1, accordance with I'Medies Provided in section 16-40. S4Ct1on 18.10. fencillotion results. i (a) If the c9millope teem Is able to effectuate a disposition Agreeable to I Q1Fpeantl" snarl be reduced to 4 written stipulation and executed byy' the parties and the agreement report to the Commission. (DI If the person Charged and the c"Cili4tion Use agree to a disposi- tion but the complainant fails t0 Agree, the Lean shall report the matter to the designated members of the Coemis4l" in executive session. If the deslgmted menbOrS of the Camaission Accept the conciliation 4preem"t prose,tad by the Ooncilia- tidn tam And the person the ad the) shall CIO" the Case (subject to Continuing supervision of the charged party as provided in ted. Agreement) and communicate the Lanes of the 4914 t to the state civil rights COMMISOM. This shall not prevent ted Complainant from taking other Action as Prov, ided by law, If i hws IP. they reject the conciliation agreement they may direct that further 4f tempts At Conciliation be made or prOCead as provided in this chapt4r, lei If the Complainant and the person' Charged reith 4 mutually agremble disposition Of the complaint, but the i cmilietioa teen does not wish to ' I retify such Agreement, the complain- ant and the Person charged may proceed according to the terms of their agreement with ro further i lnrolvehent b71r the conciliation teem' And the CcmniWon shall thereafter Close the case, Such action Shall not, however, in any way. prevent the I ca•plainant and the per 0* charged, I Cram subsequently filing a new Complaint against the person Charged) M the seam alleged discrimi- natory practice. (d) The terms of a conciliation agreement , reached with the respondent may require his or her to refrain in the ' future from [omitting discrimlaatery or statedfaln thettic4graemelt,, s of the to take; remedial - action which, in the Judgment of the eaotmia will carry Out the Purposes of this act, and to Consentto the entry in An ' appropriate district court of a Consent decree omoedyl g the ter, of the conciliation agreement. Viola. i ' tion of such a Consent decree mdf be Peniehsd At Contempt by the Court in latch it IS filed. ON 4 showing b) m the ca0issim of the violation, 4t ANY ties within six mth5 of itS occurrence. In all cases where t 1 Conciliation a ree.ent It entered into. the Comm Salam Shaul issue an.•� he'stnOtotamlai,t" 01herder to the pnanr spondent, and persona $iM other' as the COe1, itom dean 1 Proper. 4t any lima a it, dieC11, ' whether the term of~thetnvve tt�gante ! Bare b ing compiled with by ted t+ terms Of Upon 4 finding that the mcilf,tim agreement' are not pendMing Capped with D tomo • 14senb. ted. commission shall take ! appropriate action to assure compli. ants, (Q For the Purposes 'of this subsection I and Pursuant to ted pprovis/onn of this Chapter •remedlei Action. )ON but 16 not limited to the of lowingf: (11 Hppiggrlfaagqdd reinstatement or rithout�peY. lm empinterwith Nrned 1 ined ncome and unemployment cempea- setion shall operate to reduce _ 't'ed7J-p-ay�-otharrise Allowable, 'at : 3no; pug I �puno 6- St ddS 'sseulenq Buploolclung URO'GLI let ly Sl �HS 113dHS a ofl>fse n MEMO IIIM GM 'Se Ague of sn HIM end soling ul W 0upejedo 131Y3 l�rnns3: u103I ` All pUe•SOWB ® ajpols a� -salialleQ .dx3`Sl vv L seen *susl do -,solo )3ul Pus sousAps will PazpOlgW sPICIH 'gsell ul•Illrtq so3nlsad HIM V831AI J Acid NO Bola Ila MOls"M Rv N -31Y5 cillatf" tale, shall priiptl,y endedror to ellethat• such i discriminatory M unfair practice by Conference. CPA— cillstlen, and persuasion 1, accordance with I'Medies Provided in section 16-40. S4Ct1on 18.10. fencillotion results. i (a) If the c9millope teem Is able to effectuate a disposition Agreeable to I Q1Fpeantl" snarl be reduced to 4 written stipulation and executed byy' the parties and the agreement report to the Commission. (DI If the person Charged and the c"Cili4tion Use agree to a disposi- tion but the complainant fails t0 Agree, the Lean shall report the matter to the designated members of the Coemis4l" in executive session. If the deslgmted menbOrS of the Camaission Accept the conciliation 4preem"t prose,tad by the Ooncilia- tidn tam And the person the ad the) shall CIO" the Case (subject to Continuing supervision of the charged party as provided in ted. Agreement) and communicate the Lanes of the 4914 t to the state civil rights COMMISOM. This shall not prevent ted Complainant from taking other Action as Prov, ided by law, If i hws IP. they reject the conciliation agreement they may direct that further 4f tempts At Conciliation be made or prOCead as provided in this chapt4r, lei If the Complainant and the person' Charged reith 4 mutually agremble disposition Of the complaint, but the i cmilietioa teen does not wish to ' I retify such Agreement, the complain- ant and the Person charged may proceed according to the terms of their agreement with ro further i lnrolvehent b71r the conciliation teem' And the CcmniWon shall thereafter Close the case, Such action Shall not, however, in any way. prevent the I ca•plainant and the per 0* charged, I Cram subsequently filing a new Complaint against the person Charged) M the seam alleged discrimi- natory practice. (d) The terms of a conciliation agreement , reached with the respondent may require his or her to refrain in the ' future from [omitting discrimlaatery or statedfaln thettic4graemelt,, s of the to take; remedial - action which, in the Judgment of the eaotmia will carry Out the Purposes of this act, and to Consentto the entry in An ' appropriate district court of a Consent decree omoedyl g the ter, of the conciliation agreement. Viola. i ' tion of such a Consent decree mdf be Peniehsd At Contempt by the Court in latch it IS filed. ON 4 showing b) m the ca0issim of the violation, 4t ANY ties within six mth5 of itS occurrence. In all cases where t 1 Conciliation a ree.ent It entered into. the Comm Salam Shaul issue an.•� he'stnOtotamlai,t" 01herder to the pnanr spondent, and persona $iM other' as the COe1, itom dean 1 Proper. 4t any lima a it, dieC11, ' whether the term of~thetnvve tt�gante ! 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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Ordinance of the City of Iowa City is hereby amended by adding to Section 36-11(d) the following: (8) Schools - specialized private instruction subject to the provisions of Section 36-11(g)(2). The Zoning Ordinance is further amended by adding to Section 36-11(g) the following: (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 Adjust- ment and the issuance of a certificate of appropriateness by the Historic Preservation Commis- sion according to the procedures of Section 36-53. 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 occu- pancy of an historic structure which is allowed under the provisions of this section. SECTION II. REPEALER: All ordinances and pars of or finances 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. ��9 K SECTION IV. EFFECTIVE DATE: This Or- dinance shall a in effect after its final passage, approval and publication as required by law. Passed and approved this5th day of June, 1984. AX� MAYOR ��// ATTEST: CITY CLERK Received & Approvee, iso .-The tectal GeF,;�mr rhnt l�F�3�6y /-5-0 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 X BAKER R DICKSON g ERDAHL X MCDONALD X STRAIT ZUBER First consideration 5/8/84 Vote for passage: Ayes: Baker, Ambrisco, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Second consideration 5/22/84 Vote for passage Ayes: McDonald, Ambrisco, Baker, Dickson. Nays: None. Absent: Erdahl, Strait, Zuber. Date published 6/13/84 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/A CITY IOWA CIN, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3186 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the - Sth day of June , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 13th day of June , 19 84 Dated at Iowa City, Iowa, this 27thday of June ,19 84 . Ramona Parrott, Deputy City Clerk Printers tee 5 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS-CiTIZEN. a news- paper published in said count'. and that a notice. a printed copy of which is hereto attached, was published in said paper _- f __ time(s), on the fol- lowing date(sl: Cashier Subscribed and sworn to before me this o`10 day of A. D. 14 Y i Votary Public _N�e. "o -aG -Pi�r OPO CIAL PU&L EATiON1 ORDINANCE NO. 84-7186 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ALLOW SCHOOLS -SPECIALIZED PRIVATE INSTRUCTION IN THE W-12 ZONE UNDER CERTAIN CONDITIONS AND TO ALLOW THOSE USES PERMITTED IN THE 141-12 ZONE IN HISTORIC STRUCTURES SUBJECT ONLY TO REQUIREMENTS SPECIFIED BY THE BOARD OF ADJUSTMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Ordinance of the City of Iowa City is hereby amended by adding to Section 36-11(d) the following: (8) Schools - specialized private Instruction subject to the provisions of Section 36-11(8)(2). The Zoning Ordinance is further emended by adding to Section 36-11.(g) the following: (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 Adjust- ment and the issuance of a certificate of appropriateness by the Historic Preservation Coumis- sion according to the procedures of Section 36-53. 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 94rd requirements, which would limit or prevent a use or occu- panely of an historic structure wh icA is allowed under the provisions of this section. SECTION II. REPEALER: All ordinances an par s a or Fences in conflict with the provision of this ordinance are hereby repealed. SECTION IIT. 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 Or- dinance s a a in a ec a er its final passage, approval and publication as required by law. Passed and approved this Sth day of June, 1984. ATTEST: LIfY CLERK 03465 June 13, 1984 ORDINANCE NO. 84-3187 AN ORDINANCE TO AMEND THE PROVISIONS OF CHAPTER 8, ARTICLE II OF THE CITY CODE OF ORDINANCES (THE BUILDING CODE), RELATING TO DRAFT STOPS, AND TO ALLOW PERMANENT COVERINGS OVER PUBLIC WALKWAYS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. That the purpose of this ordinance is to amend the provisions of the Uniform Building Code relating to draft stops in multiple dwellings and hotels, and to add a provision relating to permanent coverings of public walkways. SECTION II. AMENDMENT. A. That Section 2516(f)4.B, of the 1982 Edition of the Uniform Building Code is hereby repealed, and the following is adopted in lieu thereof: B. Attics. (i) Si-ngle-family dwellings. None required. (ii) All other uses. Draft stops shall be installed in attics, mansards, overhangs, false fronts set out from walls, and similar concealed spaces of buildings so that the area between draft stops does not exceed 3,000 square feet and the greatest horizontal dimension does not exceed 60 feet. Such draft stops shall divide the attic space into approxi- mately equal areas. EXCEPTION: Where approved automatic sprinklers are in- stalled, the area between draft stops may be 9,000 square feet and the horizontal dimension may be 100 feet. B. That the 1982 Edition of the Uniform Building Code is amended by adding the following new Section 4508, Permanent Coverings Over Public Walkways: (a) Definitions. For purposes of this section, a permanent covering over a public walkway is a covering supported entirely from the exterior wall of a building and which extends over more than 75% of the width of a public right-of-way or over a walkway on private property which is open to the public as a matter of right. /sz Ordinance No. 84-3187 Page 2 (b) Construction. A permanent covering over a public walkway shall be constructed entirely of non- combustible materials'and shall be supported entirely by the building. The structure shall be designed in accordance with Chapter 23. The structural engineer shall certify that the design loads are based on local weather and existing site conditions. (c) Roof Construction. The roof or any part thereof may be a skylight, provided wire glass is used not less than 1/4 inch thick with no single pane more than 18 inches wide. Every roof and skylight of a permanent covering over a public walkway shall be sloped to downspouts which shall conduct any drainage from such structure .under the sidewalk to the curb. The downspout and drainage system shall be protected from freezing or provided with an auto- matic thawing system to maintain drainage to -15 degrees F. (d) Clearances. All portions of -any permanen covering over a public walkway shall be at least 10 feet above the public walkway. (e) Protection of Ad'oinin Proper- ties. a walkway s a e designed to protect the adjoining properties from unusual loads and exposure. This includes the holding of water, snow, sleet or ice against the adjoining properties. 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 un- constitutional. /S3 Ordinance No. 84-3187 Page 3 SECTION V. EFFECTIVE DATE: This Ordi- nance shall e in effect after its final passage, approval and publication as required by law. Passed and approved this Sth day of June, 1984. MAYOR �1/J l ATTEST: J Y 1 QAu_o.� -e. ` oL,,, J CITY CLERK Received ,o Approved . ,ai DOPNI nenf 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 R ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 5/22/84 Vote for passage: Ayes: McDonald, Ambrisco, Baker, Dickson. Nays: None. Absent: Erdahl, Strait, Zuber. Second consideration XXXXa7C Vote for passage 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 passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait. Nays: None. Absent: Zuber. Date Published: June 13, 1984 /.f.T CITY OF IOW/-\ CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE OF IOWA ) SS JOHNSON COUNTY ) CITY (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3187 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of June , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the lit day of June 19 84 Dated at Iowa City, Iowa, this 27thday of June ,19 84 Rainona Parrott, Deputy City Clerk Printers fee. yo CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Fan Fossen. being duiy sworn, sav that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice. a printed. copy of which is heretoalta hed, was published in said paper time(s), on the fol- lowing date(s): Cashier Subscribed and sworn to before me this 10 day ofA. D. 19a.�xy NotarvPubtic �acrks�r� OFFICI ek(CATHCN ORDINeeut Ai.-_Aa_nu .. AN ORDINANCE TO AMEND THE PROVISIONS OF CHARTER 8, ARTICLE fI OF THE CITY CODE OF ORDINANCES (THE BUILDING CODE), RELATING TO DRAFT STOPS, AND TO ALLOW PERMANENT COVERINGS OVER PUBLIC WALKWAYS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. PURPOSE. That the purpose of t7rs or nance s to amend the rOvislons of the Uniform Building Cod, tfrelating to draft stops in multiple dMellings and hotels, and to add a `provision relating to Permanent coverings - 'of public walkways._ SECTION II. AMEWENT. A. That Section 7516(f)4.8. of the 1982 Edition of the Uniform Building Code is hereby repealed, and the following is adopted in lieu thereof: B. Attics. (1) Single-family dwel lingqs. None required. (ti) All other uaes.- Draft stops shall be Installed in attics, mansards, overhangs, false fronts set out from walls, and similar concealed spaces, of buildings so that the area betweeq draft stops does not exceed 3,000 square feet and the greatest horizOAGal dimension does not exceed 60 faet.. Such draft stops shall divide Of attic space into approxi- mately '� al areas. ENCEITION: Where approved autf5swatic sprinklers are in- stallep the area between draft stoproy be 9,000 square feet and �hi)' horizontal dimension be Vjeet. B. That the ,79$2 Edition of the Unit .I Building Code is amended by addin j the 'F011owing new Section 4508, Permanent Coverings Over Public -�Walkways: - (a) Definitions. For purposes of thissectToa germane covering over a publ[ walkway a covering supported entirely from:m exterior wall. of a building and. ch extends over more than 75% of the width of a Public right-of-way or over a walkway on private property which is open to the public as a matter of right. (b) Construction. A permanent cover ng of 9 a public walkway shall be constructed entirely of non- combustible materials ' and shall be supported entirely by the building. The structure shall be designed in accordance with Chapter 23. The structural engineer shall certify that the design loads are based on local weather and existing site I . conditions. (c) Roof Construction. The roof or any part t ereof may be a skylight, provided wire glass is used not less than 1/4 inch thick with no single pane more than 18 inches wide. Every roof and skylight of a permanent covering over a Public walkway shall be sloped to downspouts which shall conduct any drainage from such structure under the sidewalkto the curb. The- downspout and, drainage .10 N�(/'�a����„ a apH/11., � a ORDINANCE NO. 84-3188 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED- EAST OF FIRST AVENUE EXTENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property described be o'w is hereby reclassified from its present classification of ID -RS to RS -5, and the boundaries of the RS -5 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged to include the property described below: Commencing at the southeast corner of the southeast quarter of the southwest quarter of fractional Section 1, Township 79 North, Range 6 West of the 5th Princi- pal Meridian; thence south 89004'17" West, 1305.68 feet, to the southwest corner, of said southeast quarter, of the southwest quarter of fractional Section 1, which is the point of beginning; thence north 00043'22" west, 919.45 feet; thence south 89043'16" east, 302.29 feet; thence south 00025'11" west, 23.47 feet; thence south 25038'14" west, 261.75 feet; thence south 04015'00" west, 321.25 feet; thence south 18035'00" west, 356.00 feet to a point on the south line of said southeast quarter of the southwest quarter of fractional Section 1; thence south 89004'17" west, 40.00 feet, to the point of beginning. Said tract of land contains 3.52 acres more or less. SECTION II. The building inspector is herehorized 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. 154 ( fiance No. 84-3188 Page 2 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 19th day of June, 1984. d _ ATTEST: R"eived $ AA{oroved ey The Legal CeoertMent 157 It was moved by Ambrisco and seconded by Zuber that the Or finance as read be'adopted and upon roll call therT were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD STRAIT �— ZUBER First consideration 5/8/84 Vote for passage: Ayes: Strait, Ambrisco, Dickson, Erdahl, McDonald, Zuber. Nays: Baker. Second consideration 6/5/84 Vote. for passage Ayes: Dickson, Ambrisco, Erdahl, McDonald, Strait. Nays: Baker. Absent: Zuber. Date published June 27, 1984 z CITY GF- IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3188 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19h day of June , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 27th day of June , 19 84 Dated at Iowa City, Iowa, this 27thday of July ,19 84 Raffiga Parrott, Deputy City Clerk 7� 7� -Printers fee S _ CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County. ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, beinlg duly sworn. sav that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county. and that a notice. a printed copy of which is hereto attached, was published in said paper / time(s). on the fol- lowing dateisl: 17 Cashier Subscribed and sworn to before me thiiss' &_& day of 4AL4 A.D. Notary Public OFFICIAL PUBLICATION ORDINANCE NO. 84-3188 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHARGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED EAST OF FIRST AVENUE EXTENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF IOWA CITY, IOWA: SECTION 1. That the property described 5e%w__Ts_ hereby reclassified from its present classification of ID -RS to RS -5, and the boundaries of the RS -5 zone as indicated upon the zoning map of the City of Iowa City, tows, shall be enlarged to include the property described below: Comgencing at the 'southeast corner of the,'sobtheast quarter of the southwest. Qauarter of fractional Section I, Township 79 North, Range 6 West of the 5th Princi- pal Meridian; thence south 89004'17' West, 1305.68 feet, to the southwest corner, of said southeast quarter, of the southwest .quarter of fractional Section 1, Mich is the point of beginning; thence north 00043'22' west, 919.45 feet; thence south 89043'16' east, 302.29 feet; thence south 00025'11' west, 23.47 feet; thence south 25038'14' west, 261.18 feet; thence south 04015'00' west, 321.25 feet; thence south 18035'00' west, 356.00 feet to a paint on the south line of said southeast quarter of the southwest quarter of fractional Section 1; thence south 89004'17' west, 40.00 feet, to the point of beginning. Said tract of land contains 3.52 acres Aare or less. SECTION 11. The building inspector is ereFi-6y`_a_u7horized 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 111. The CityClerk is hereby aua0 oerTa 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 pars ofordinances in conflict with the provision of this ordinance are hereby repealed. S C_t TION V. SEVERABILITY: If any section, prov is os n or pari p(-bhe Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect the Validity of the Ordinance es a Mole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE: This Ordi- nance shall a in e ec a ter its final passage, approval and publication as required by law. Passed and approved this 19th day of June, 1984. FIs/ yr f�Eft� ,TTEST: 83746 + Jude 21; 1984 ORDINANCE NO. 84-3189 AN ORDINANCE TO CHANGE THE NAME OF SANDUSKY AVENUE IN PEPPERWOOD ADDITION, PARTS 4-7. TO SANDUSKY DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That Sandusky Avenue as pTaiTe-d on the final plat of Pepperwood Addition, Parts 4-7, is hereby changed to Sandusky Drive. SECTION II. This ordinance shall be in Tu—TTand effect when published by law. SECTION III. REPEALER: All ordinances and pars 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 a in effect after its final passage, approval and publication as required by law. Passed and approved this 19th day of June, 1984. 4 ATTEST: Received $ Approved BY The legal Department / <�-J 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 STRAIT ZUBER First consideration xxxx Vote for passage: Second consideration xxxx Vote for passage 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 be voted upon for final passage at this time. Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Date Published June 27, 1984 16v W CITY Or 10W/T CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3189 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of June , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 27th day of June , 19 84 Dated at Iowa City, Iowa, this 27thday of July ,19 84 . . am na Parrott, Deputy City Clerk go Printers fee S__ CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County.ss: THE IOWA CITY PRESS -CITIZEN Bronwen S. Van Fossen, beim; duly sworn. sac that I am the cashier of the IOWA CITY PRESS -CITIZEN. a news- paper published in said count}-. and that a notice. a printed copy of which is hereto attached. was published in said paper __ timelsl. On the fol- lowing date(s): ry L//Al"/LLU•l�{'JJIJ. /,�� Jam' -'ria".= Cashier Subscribed and sworn to before me this R6 day of _ A.D. 199i' . f— Notary Public yARETRI6S t o.,r { oorviciAL PuOLTCaiopi ORDINANCE NO. 84-3189 AN ORDINANCE TO CHANSE THE NAME OF SANDUSKY AVENUE IN PEPPERWOOD ADDITION, { PARTS 4-7. TO SANDUSKY DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. That Sandusky Avenue as Addi�n,Parts 4 the -7e1 is Tat Of hereby changeed to Sandusky Drive. SECTION It. This ordinance shall be in full force and effect when published by lar. SECTION III. REPEALER: All ordinances an Dar s o or nances in conflict with the provision of this ordinance are hereby repealed. SECTION IY. SEVERABILITY: If any sect on yyrovis on or par of the Ordi- nance s�a 11 be atlj udged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a -hole or any section, provision or part thereof not adjudged invalid or unconstitutional. 11111DH V. EFFECTIVE DATE' This Ordi- nance s a e n e ec a ter its final passage, -approval and publication. as required by law. Passed and approved this 19th day of June, 1984. 1 1- I' MATUR ATTEST: �'%� GLERN 83770 June, 27-1984 ORDINANCE NO. 84-3190 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY TO CHANGE SPEED LIMITS ON PARTS OF SYCAMORE STREET. 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 Sycamore Street as determined by engineering studies conducted by the Traffic Engineer- ing Division. SECTION II. AMENDMENT. Ordinance 84-3168 is hereby repeaTe—dT Section 23-189 is hereby deleted and the following is adopted in lieu thereof: Sec. 23-189. Exceptions to speed limits. Upon the basis of an engineering and traffic investigation, the following maximum speed 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 No. 84_319n 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. Iowa Highway 1 25 From its inter - (Burlington St.) section with 16a Ordinance No. 84-3190 Page 3 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 of Emerald Street to a point four thousand five hundred (4,500) feet east of the city limits. Melrose Avenue 50 From a point four thousand five hundred (4,500) feet east of the city limits to the city limits. Mormon Trek 35 From the 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. 163 Ordinance No. 84-3190 Page 4 Rochester Avenue 35 From the intersec- tion with First Avenue east to the city limits. 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 I(y Ordinance No. 84-3190 Page 5 U.S. Highway 218 50 with Riverside Drive, west to the city limits. 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. U.J Ordinance No. 84-3190 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 June, 19 ATTEST: and approved this 19th day of Gip It was moved by Baker 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 —3c— ZUBER First consideration 6/5/84 Vote for passage: Ayes: McDonald, Ambrisco, Baker, Dickson, Erdahl, Strait. Nays: None. Absent: Zuber. Second consideration xxxx Vote for passage Moved by Baker, 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 uponfor final passage at this time. - Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Date Published June 27, 1984 Recahred & ApprovW By The Legal Depamnent 5 q 1 /„-7 CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/1 CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3190 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of June , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 27th day of June , 19 84 Dated at Iowa City, Iowa, this 27thday of July ,19 84 am na Parrott, Deputy City Clerk Printers fee..z- 6 CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County.ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Vara Fossen. being duly sworn, sav that I am the cashier of Lhe IOWA CITY PRESS -CITIZEN: a news- paper published in said county. and that a notice, a printed copy of which is hereto attached, was published in said paper / time(s), on the fol- lowing date(s): 19,61 ti Cashier Subscribed and sworn to before me this a day o A. D. r/• Votary Public aa. /U-��• Y6 J ♦MARUMMS OFFICIAL PUBLICATION Iowa Highway 1 Highway 6. Street 30 From the InterGilbert sec—tion of Burlington to the intersection OFFICIAL PUBLICATION of Highway 6. Gilbert Street 25 From theintersec- tion with Highway. 6 ORDINANCE NO. 84-3190 to a point two five hundred (500) thousand one hundred (2,100) feet south AN ORDINANCE AMENDING SECTION 23-189 OF of said intersec- Avenue, tion. Gilbert Street 35 From a paint two SPEED LIMITS ON PARTS OF SYCAMORE .STREET. thousand one hundred 30 From a point five (2,100) feet south of the intersection BE IT ORDAINED By THE CITY COUNCIL OF IOWA with Highway 6 to a .s point three thousand - nine hundred (3:900) - feet south from said intersection of U.S. intersection. Iowa Highway 1 55 From the city limits the municipal code of City to reflect east to a point Hghway 1. eight hundred (800) , feet west of the Street as determined by engineering intersection of ' Miller Avenue. - • Iowa Highway 1 45 From a point eight ' hundred (BOO) feet west of the inter - OFFICIAL PUBLICATION section of Miller Avenue to a point ORDINANCE NO. 84-3190 five hundred (500) feet east of Hudson AN ORDINANCE AMENDING SECTION 23-189 OF Avenue, THE MUNICIPAL CODE OF IOWA CITY TO CHARGE SPEED LIMITS ON PARTS OF SYCAMORE .STREET. Iowa Highway 1. 30 From a point five hundred (500) feat BE IT ORDAINED By THE CITY COUNCIL OF IOWA east of Hudson CITY IOWA: ' Avenue to the SECTIDN I. PURPOSE. The purpose of this intersection of U.S. or nonce s o ameno Section 23-189 of -Iowa Highway 6, 218 and the municipal code of City to reflect I Hghway 1. changes in the speed Limit of Sycarare , - Street as determined by engineering Iowa Highway 1 25 From its inter- - studles conducted by the Traffic Engineer- (Burlington St.) section with Ing Division. -6 SECTION 11. AKKDMENT. Ordinance 84-3168 Highways 218 and Is hereby repeaSection 23-189 is to a point 150 feet 'hereby deleted and the following is east of Van Buren adopted in lieu thereof: St. - .sec. 23-189. Exceptions to speed limits.Iowa Highway 1 45 From the intersec- Upon the basis If an engineering and tion of N. Dubuque tratfic i_ stiga ion, the following Road to a point SIX max I" speed limits are hereby determined hundred (600) feel and declared reasonable on the following south of the city streets or portions of streets, when signs limits. are erected giving notice thereof. Benton Street 35 From the intersec- Iowa Highway 1 55 From aint si hundred tion of Keswick (600) Drive to the south- of the city ! intersection of limits to the city Mormon Trek. limits. y Dubuque Street 35 From a point just Melrose Avenue 35 From the intersec7' northbound north of the Non of Emerald Intersection with Street to a poinff KimEall Road north four thousand five _ to the city limits. hundred (4,500) feat east of the city Dubuque Street 35 From a point eight limits. , southbound hundred (800) feet north of the I Melrose Avenue 50 From a point four i intersection of thousand five i Foster Drive to a hundred (4,500) feet ' point three hundred east of the city (300) feet north of limits to the city the intersection of limits. Park Road. Mormon Trek 35 From the intersec- Dubuque Street 45 From the city limits tion of Melrose southbound south to a point Avenue to the city eight hundred (800). limits. , I feet north of the intersection of Muscatine Avenue 35 From a Point one Foster Drive. hundred (100) feet east of the inter - First Avenue 25 From the intersec- section with Juniper tion of Bradford Drive to the .city Drive south to the limits. intersection of U.S. v Park Road 25 From the intersec— tion with Rocky Shore Drive east to the intersection with North Uubuqu, Street. Rochester Avenue 35 From the intersec- tion with First Avenue east to the city limits. Syconere Street 30 Free the intersec- tion with U.S. Highway 6 South 60 Gleason Avenue. Sycamore Street 30 From the intwsec- tion with Burns Avenue south to the city limits. a�-z U.S. Hig" 6 55 From the city limits to a point ogre hundred (100) feet east Of h Industrial Plk Road. .i B.S. Highway 6 45 From a point on 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 1 and Iowa Highway 1. `U.S. Highway 6 30 From a point selen hundred (700) feet east of -the 11 intersection : bf U.S. Highways -6, ( 216 and 'Iowa Highway 1 west and north to a paint one thousand game hundred fifty (1,150) feet wast of the intersection with Riverfide Drive: U.S. Highway 6 35 Franca Point .one thousand we hundred fifty (1,150) feet wegt of the intersection with Riverside Drive, west to the city limits, 12 1U.S. Highway 218 50 From the south city limits to a point one thousand ,'9ix hundred (IAM) feet north of /the. south City limits., 'U.S. Highway 218 45 From a point'0101le 1 thousand cis hundred (o15P°.1 feet north fa bhe south city boats to a point eft hundred (800) -feet i south of .,"the intersection rith U.S. Highway 6.'And las Highway 7.M.- U.S. Highway 218 30 From a point fight. .hundred (800) 'feet south of _'Ahe intersection ,*Ith U.S.. Highway Blend Iowa Hiyyhwa? 1 north to ,,.tite intersection with U.S.. Highway a and Iowa Highway 1. SECTION Ili. REPEALER.. All ordinancti nd parts of Ordinances in conflict with,2ne provision of this ordinance are hereby repealed. SECTION itl. SEVERA6ILITY. If many Sec on, prow son' of par of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shalt not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalidor unconstitutional,._ -' SECTION V. EFFECTIVE DATE. This Ordi- nance shall nye eC after its ffiie7 passage, approval and Publication "s required by law. '•.' . Passed and approved this 19th day qf':r', Suave, 1986. tw�3 YO ATTEST: 6374 June. 27, 1984 ORDINANCE NO. 84-3191 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REVISE THE OFF-STREET PARKING REQUIRE- MENT DESIGN STANDARDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Ordinance of the 1—y ofZowa City is hereby amended by deleting Section 36-58(c)(2) and inserting the following: (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 designed as follows: a. Parking areas shall have the minimum dimensions illustrated in Figure 1 for each of the parking configurations permitted (where the edges of parking spaces are curved, as on a curved aisle, all angles shall be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersec- tion): b. Up to one-third (1/3) of the required number of parking spaces may be eight (8) feet in width by 15 feet in length if the parking spaces are signed 'Compact Vehicles Only. c. All parking spaces shall be connected to an aisle which shall have a minimum width as indicated in Figure 1. Aisles designed for two-way traffic shall have a minimum width of 22 feet. d. The greatest aisle width shown in Figure 1 shall be provided when combining different parking space 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 require- ments of this Chapter, one space may be behind another. 167 Or, nce No. 84-3191 Payer 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 part of a parked vehicle can extend beyond the lot line or into the alley. i. All parking spaces, stacking spaces, drives and aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water from such areas onto streets and alleys which do not have adequate drainage facilities as determined by the City Engineer. J. In all parking areas required by -this Chapter, parking spaces shall be 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 such that an aisle connected to more than 12 parking spaces is not used as a drive in providing access to another parking area. The Zoning Ordinance is amended by deleting Section 36-58(c)(3)a.4. and inserting the following: 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. 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 169 Orc ice No. 84-3191 Page 3 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 nance s a I I be in effect after its passage, approval 'and publication required by law. Passed and approved this 3rd day July, if LyliMs Ordi- final as of -Racaivad & APP►oved O" Tr '• �gai L'epaKmerM 170 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 X ZUBER First consideration XX)= Moved by Baker, seconded by Dickson, Mat tne ru e 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 considera- tionand vepte be waived. Ayes: McDonald, Baker, Ambrisco, Dickson, Erdahl, Strait, Zuber. �WA'd Rffideration 6/19/84 Vote for passage Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait. Date published 7/11/84 t-'7( CIL -1 I u 9-1sro I 3y!'7 i 0 l 31SPp j 1 •. l I 1 I 1 1 II ,n I � I I1 I 71 ,ZL �41y IIIy 161� s 9'dlrJ7 � I 2y0-2 91 9"I til �l :r 6.c . 3�SIy -Ij L�-en azl �•pz J JI 1 EN DM SNOl5��3�'"1 GN'd SNOijvP n'71,4NcY2 `2w-Az\m 13z►C��� Oil F`151-� I 3'1 :Id ,OI �. •b, . �: 3.767v 1'/1 �� Gx/>•J 1..r. ,b I -' j I � .bl ' "T�' ,61 •, A:InJ I I �l f Z �+. ;y..-_ •a SNOl5��3�'"1 GN'd SNOijvP n'71,4NcY2 `2w-Az\m 13z►C��� CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3191 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of July , 19 84 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 11th day of July , 19 84 Dated at Iowa City, Iowa, this 27thday of July ,1984 a� Printers fee Sty 1 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being dulv sworn. saw that i am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county. and that a notice, a printed copy of 'which is hereto all ched. was published in Said paper time(s). on the fol- lowing dates) A �Z/- Cashier Subscribed and sworn to before me this,Ao day of 9�1(A A. D. 1 :Votary Public x -e- �O•a��•b'lO `•• NARGfaHE'I WISS OFFICIAL PUBLICATION _ ORDINANCE NO. 84-3191 .� AN TO REVIISSEE THE OFF-STREET PARKINNCE AMENDING THE ZONINGG REQUIRE- MENT EQUIRE HENT DESIGN STANDARDS. BE IT ORDAINED BY THE CITY COUNCIL Of THE LITE OF IOWA CITY, IOWA: SECTION �;ome The Zoning imarce of the Lityishbyamended by tleletinq Section 36-58(c)(2) and inserting the tol lowing: (2) Oeslgn. Except for single family dwellings (including Zero lot line nd townhouse units) and duplexes. parking and stacking spaces. aisles and drives shall be designed as follows: e. Parking areas he minimum hell have t dlmensionsillustrated 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 at theirgents Pointt oftntnters ac- tion). b. Up to one-third (113) of the required nwber of parking spaces may be eight (8) feet in width by Is 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 .1m;:. inlerum width of 22 feet. d. The greatest aisle width shown in Figure 1 shall be provided when canbininq different parking space configurations on the saoxt 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 . units) and locatedpursuant th to ree%reql require- ments of this Chapter, one space my be behind mather- 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 pumper of parking space required or provided for a use or combination of uses on a lot 1 greater than eight (8) spaces, non OFFICIAL PUBLICATION _ of those spaces MY be iocatea In such A spender that would require backing ff�to an alley. h, Parkinal��ley8yeg shalle$be provided lot iwith carr parkeda vehicle can extend ing so no tof a beyond '-the lot line or into the alleackin I. spaces Dar drives spaces, aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water frau such areas onto streets and alleys which do not have adequate drainage facilities as determined by .the City Engineer. j. Tn all parking areas required by this Chapter, parking spaces shall be visibly delineated ar o1 the market surface by pe stripes. K. if two or more parking areas on a lot are connected b a drive, the parking areas shall be designed such that an aisle connected tc more than li parking spaces is nut used As a drive in providing access to another parking area. The toning Ordinance is amended by deleting Section 36-58(c)(3)a.4. and inserting the following: 4. (iaeluding single ao o flat ly ld ne lane townhouse Whits) and duplexes, ,nc parking space shall be locotee closer than five (5) feet to. a ground floor doorway or a window of a dwelling unit. SECTION 11. REPEALER: All ordinances ync th JV hf provision o of hthis ordinance cares herd^) repealed. SECTION 111. SEVERABILITY: If any sect on, Drov i on ar part of the Ordi- nance shall be adjudged to be invalid of unconstitutional, such adjudicatiaa shall not affect the validity of theordinance as a whole or any section, provision partor therm onelot adjudged invalid or SECTION IV. EFFECTIVEDATE: ter This fine- nence s a Passage, approval and peblication as required by law. day of Passed and aDDfovetl Chis 3rd July, 1984. a s p ATTEST: ii(ums 1 PD21C)N4 Gokw:V 7,&T10t�15 P49 17IAENSION15 .,TnFJDC¢D tlIGS e/DIATJAcr 'Jrc;II 'OUTn000 sem ll pauluualap pun anpisal agl paz,flUUe 191103a13 alels n pautTelo saolnaoso.Ia •l.tod.riv alepiaprim -.log aql of s2uq 11o8 III uapplq anf6000 10 SUMJ201131 aatgj Slaleunaoaddu paianTlap ulurlaw pun ag Z961 `sZ aunp uo ingl surpaja luautaaae nald s.11oug •slunoo ani] tin uo pasnaan 0110 Sluo aql sem Znopuels 002!,, 11011 -OU .cauuol 0141 •61 143113MI Mean -un juauujaipul aq1 1Ij W'8113 aaam siaglo aTs pun `04 `111e'I3Ni -S21 p 9120nitts of .tae ndsuoa pun Eupleunlooq 12tn3l.legsueol `uoIIjiO1 Ei 5u!1Ea1a43uj 10 sailiega ame8-OE lsul s,IIegaseq `u!erIow -alta 000'SZt u pun uoslld ul s.Elaa6 SI 10 Alleuad urnunitelu n 903e111ou31 'IZ .AOK .Io1 las sI 2ulaualuas -alnquls[p of 11181111 1411m aulnaoa Sulssassod 10 ILM00 912uTs H of Aupuow Bald sm pa.talua ag -AIU" peald of ivalnlolp11lt13JUW n in pa8aega ueut p110039 0111 auteaaq '94 `11ou31 aua2nE[ S.I.Ie'I -luam -ulaAON aql .tot 6ltlsal of paat5e pun Asea 2ulJaal8yl3u1 le.lapa] e m SlITno of scald nag- pagollms aneq ule-JaN1 sluua(I aagolTd an2nal JOINED[ .lauttol 10 sluepualap ORDINANCE NO. 84-3192 AN ORDINANCE AMENDING SECTION 23-189 OF THE MUNICIPAL CODE OF IOWA CITY TO REDUCE THE SPEED LIMIT ON ROHRET ROAD. 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 Rohret Road as determined by an engineering and traffic investigation conducted by the Traffic Engineering 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. 1'7'>, Ordinance No. 84-3192 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. 17Y Orainance No. 84-3192 Page 3 Iowa Highway 1 25 (Burlington St.) From its inter- 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 of Emerald Street to a point four thousand five hundred (4,500) feet east of the city limits. Melrose Avenue 50 From a point four thousand five hundred (4,500) feet east of the city limits to the city limits. Mormon Trek 35 From the 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. -).S Oroindnce No. 84-Vo? Page 4 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. 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. I 7/0 OrL ...-nce No Page 5 U.S. Highway 6 84-3192 35 From a point one U.S. Highway 218 50 thousand one hundred fifty (1,150) feet west of the intersection with Riverside Drive, west to the city limits. 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 a in a ec a ter its final passage, approval and publication as required by law. 177 Orc, Bance No. 64-3192 Page 6 Passed and approved this 3rd day of July, ATTEST: Aowived & Appbved $y the Le9ai Deparhnaro zl IN It was moved byZuber and seconded by Dickson , that the Or inance as readbe'adopted and upon roll cal I there were: AYES: NAYS: ABSENT: AMBRISCO x BAKER x_ DICKSON x EROAHL x MCDONALD X STRAIT X ZUBER First consideration xxxx Vote for passage: Second consideration Vote for passage M Moved by Zuber, 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: McDonald, Ambrisco, Baker, Dickson, Erdahl, Zuber. Nays: None. Absent: Strait. Date published July 11, 1984 CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/A CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3192 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of July , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 11th day of July , 19 84 Dated at Iowa City, Iowa, this 27th day of July ,19 84 . 1CLtiLtG/ Ramoha Parrott, Deputy City Clerk Cedar Rapids • Close To Penn School OPEN HOUSE FRIDAYr JULY 20th 4.7 p.m. Or Phone 351-2412 Penn Heights Subdivision North Liberty. Iowa ( Auctioned by Lyle Donohoe A $1,000 Cashier Check Will Hold Your Lot For 30 Days F ,an.• J=-4 Luse b - - ' . ' 91;t; paJpuny auo puesno4; auo lulod a of 44JOu pup 1sa- 1 Ae-46tH e -o1 pue. 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ORDINANCE NO. 84-3193 ORDINANCE AMENDING SECTION 31-2 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. I. PURPOSE. The purpose of this -amendment is to include roller skating and skate boarding as prohibited activities in any commercial district, which includes downtown Iowa City. II. AMENDMENT. Section 31-2 of the Code of Or finances of the City of Iowa City, is hereby repealed and substituted in its place is the new Section 31-2: Sec. 31-2. Coasting/Skating. No person shall coast, slide, roller skate, skate board, or use any other such coasting or wheeled device on any street or sidewalk in any commercial district. III. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinancle are hereby repealed. 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. V. EFFECTIVE DATE: This Ordinance shall be in ewer its final passage, approval and publication as required by law. Passed and approved this 3rd day of July, 19f,4. 1 _ ATTEST: Recd%*d & Appm"d 8y The Legal Depa. med S 3118+- 11-7 /so 1 }- /sD 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 ZUBER First consideration 6/5/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, McDonald, Strait. Nays: Erdahl. Absent: Zuber. Second consideration 6/19/84 Vote for passage Ayes: Baker, Ambrisco, Dickson, McDonald, Strait, Zuber. Nays: Erdahl. Date published July 11, 1984 1191 CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3193 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of July '19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 11th day of July , 19 84 . Dated at Iowa City, Iowa, this27th day of July ,19 84 . Ramo a Parrott, Deputy City Clerk Printers fee S10 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN I. Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice.. a printed copy of whichis hereto att ched. was published in said paper �__ _ time(s). on the fol- lowing date(s): U Cashier Subscribed anei sworn to before me this 496 day of A. D. 19 S "/ --�' Notary Public M=Pjos OFFICIAL PUBLICATION ORDINANCE, NOZ- 9 ORDINANCE AMENDIND SECT104 31=2 ' OF TOE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. 1. PURPOSE. The purpose of this amendment is: - e nc ude roller' skating .and skate boarding as prohibited activities any cawnercial district, which es downtown Iowa City. II. AMENOMENT. Section 31-2 of the Code of-OF65ances of the City Of Iowa City, is hereby repealed and ,substituted in its place is the new Section 31-2: Sec. 31-2. Coasting/Skating.No . person sk to board,'a'a use any dothero skate, such coasting or wheeled device l any street or sidewalk in any commercial s sand t. pa III. REPEALER: All a,Mfli t and parts of or nances in taint ct re the provision of this ordinance are hereby repealed._ TV. SEVERABILITY: If any section, provision of peri -of the Ordinance shall be adjudged to be invalid or uncwstito- tiMal '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. .V. EFFECTIVE DATE: This ordinance shall be fn--jfrecT—afer its final passage, approval and publication as ,required by law. Passed and approved this 3rd day of July. 19F4_ 1 _ n. .. /17 AITEST:V4 C Y LLENK Bd004 July 11, 1984 ORDINANCE NO. 84-3194 AN ORDINANCE VACATING A PORTION OF THE MELROSE AVENUE RIGHT-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the following -described rigt—way in Iowa City, Iowa, is hereby vacated for use as a street: The entire right-of-way of Melrose Avenue from the east right-of-way line of Byington Road, said line being 1858.60 feet east of the northwest corner of the northeast quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian, thence easterly to the west right-of-way line of Riverside Drive, also known as Highway 6 and 218. SECTION II. The above-described piece of a1 nd w T7 be subject to an easement for the purpose of access to utilities in the vacated right-of-way for repair or replacement of said utilities. SECTION III. This ordinance shall be in full—force 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 o e 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 a in effect after its final passage, approval and publication as required by law. Passed and pproved%tthhis 17th day of July, 1984. MAYO�R/ ATTEST: d,!U, . 2:/JX" I CITY C� 2� pA ml r - d Approved pj 'Its. I,�gel D s 31 8erfsnerd L I S'fA It was moved by Zuber and seconded by Dickson were: that the ordinance as read be adopted and upon ro I I ca I I therE-- ABSTAINING: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 6/19/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Abstaining: Strait. Second consideration 7/3/84 Vote for passage Ayes: Dickson, Ambrisco, Baker, Erdahl, McDonald, Zuber. Nays: None. Absent: Strait. Date published 7/25/84 - 1Qq 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. 84-3194 which was passed by theCity Council of Iowa City, Iowa, at a regular meeting held on the 17th day of July , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the ZSth day of July , 19 84 . Dated at Iowa City, Iowa, this llthday of September 1984 � - Ram na Parrott, Deputy City Clerk as Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen. being duly sworn, sav that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said count'. and that a notice, a printed copy of which is hereto actched. was published in said paper -_ timelsl. on the fol- lowing date(s): Cashier Subscribed and sworn to before me this c, 6 day of7{/,t.Lt _ A.D. 19 f��/ dd- p Notary Public ay ✓doses OFFICIAL PUBLICATION ORDINANGEE'NO. 84-3194 AN. ORDINANCE VACATING A PORTION OF THE MELROSE AVENUE RIGHT-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. That the following -described r.g-R-o-rway in. Iowa City, Iowa, is hereby vacated for use as a street: the entire right -Of -.8y of Melrose - Avenue from the east right-of-way line of Byington Road, said line being 1858:60 feet east of the northwest corner of the 'northeast quarter of tion 16. Township 79 North, Range f. t, of the .9th Principal Heridi" co easterly to ;the. west right -of- I of Riverside Drive, also known as 6 and 218. '- SECTION 11. Th ve-described piece of aTd wiTi be s eft to an ease�mnt for the purpose of Less to utilities in it* vacated right-oT-My for repair or replacement of said utilities. SECTION III. Thin ordinance shall be in 7uTT- o�ef,fect when published by law. SECTION IV.. REPEALFNi All ordinances and provision of this rordinance are hereby repealed. - SECTION V. SEVEAANILITT: If any section, pro,isnon or pari—of the Ordinance shall be adjudged to be invalid or unconsti%tu- tional, such adjudication shall not af*ct the validity of the Ordinance as a whple or any :section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE: This Ordi- nance shall a In a ec a ter its final passage, approval and publication as required by law. Passed and approved thisl7th day of July, 1984. ATTEST: JCITY LERK— 84241 July 25, 1984 ORDINAN( JR4 -3195 ORDINANCE AMENDING SECTION 23-72(b) OF THE CITY CODE REGARDING IMPOUNDMENT OF BICYCLES. SECTION I. PURPOSE. The purpose of this amendment is to provide for notice of impoundment by first class mail, rather than certified mail, and to provide for additional methods of reclaiming impounded bicycles. SECTION II. AMENDMENT. Section 23-72(b) of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and sustituted in its place is the new Section 23-72(b): Sec. 23-72 Impoundment. (b) Upon impoundment of such bicycle, the City shall notify the last known owner of such impoundment by first class mail. At the time of impoundment, the City may cause to be filed an information and citation pursuant to state law upon the owner or operator of such bicycle at the time of impoundment. The owner or operator may reclaim such bicycle upon presentation of proof of ownership, or by a notarized declaration of ownership, and by accepting of such information and signing a promise to appear and payment of any accrued fees and charges. Such fees and charges shall be set by resolution. SECTION III. REPEALER: ..All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the 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 31st day of July, 1984. i In ATTEST: 71 . 7eZ4i % CITY CLERK fm*ad w App".vd ily. nA Local aepadnox! It was moved by Zuber and seconded by Strait that the Ordinance as read be adopted and upon roll cal I there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER R DICKSON _ x ERDAHL X MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration xxxx Vote for passage Moved by Zuber, seconded by Strait, that the rule requiring ordinances to be considered and voted on fir nassage 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: Baker, Ambrisco, Dickson, McDonald, Strait, Zuber. Nays: None. Absent: Erdahl. Date Published August 8, 1984 1 9.5 CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parr Iowa, do hereby cer and correct copy of the City Council of 31st day of July record in my office the 8th day of O\NA CITY IOWA CITY, IOWA 52240 (319) 356-5000 At, Deputy City Clerk of the City of Iowa City, tify that the Ordinance attached hereto is a true the Ordinance No. 84-3195 which was passed by Iowa City, Iowa, at a regular meeting held on the , 1984 , all as the same appears of and published in the Iowa City Press -Citizen on August , 19 84 , Dated at Iowa City, Iowa, this 11th day of September ,19 84 . Ram na Parrott, Deputy City Clerk 0 Printers fee 5-4_ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ssi THE IOWA CITY PRESS -CITIZEN 1, S. Bronwyn S Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said countv. and that a notice. a printed copy of which is hereto att ched, was published in said {raper _(SYYy-Qltimels). on the fol- IOW1 my ll Cashier rLhis/-'7 ed and sworn ntto�,�before me day ofa4trd _._ A. D. 19.741. Cr Notary Public L*1a.,96-e6 w"�rslos - OFFICIAL PUBLMkTION i� ORDINANCE Ng. 84_3195 ORDINANCE AMENDING SECTION 23-72(b OF. THE CITY CODE REGARDING INPOUNDMEN OF BICYCLES. I SECTION I. PURPOSE. The purpose of this me andment _1st. provide for notice of, impoundment by first class mail, 'rataet than certified mail, and to provide for additional methods of reclaiming Impounded bicycles, SECTION ii. AMENDMENT. Section 23.72(b77. , o eo a o rainences of the City of Iowa City, Iowa, is hereby repealed and sustituted in its place 1s thi- new Section 23-72(b): Sec. 23-72 Impoundment. (b) Upon impoundment of such bicycle, the City shall notify the last knowd owner of such impoundment byy first class mail. At the time of impoundment, .the City may cao;e to - be filed an information and citatioe' pursuant. td state law upon the owner or operdtOr of such bicycle at the, time of impoundment. The owner W operator may reclaim such bicycle upon presslntation of proof of ownershlP, or by a notarized: declaration of ownership, and by accepting 'of such information and i signing a promise to appear and payment of any accrued fees ane' i charges. Such fees and charges . shall be set by resolution. t. SECTION III,REPEALER:. All ordinance: an pars o qr. maces in conflict with the provision of .'this ordinance are hereby repealed, SECTION. IV. - SEVERABILITY: If any nance snail be adjudged to be invalid or unconstitutional; such adjudication shalt .rat. 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 a in effect after its final' passage, approval and publication as required by law. Passed a approved this 31st day of July. 1980. w _ MAYOR ATTEST: 3 >e CITYCLERK 84145 1 August 8, 1986 ORDINANCE NO. 84-3196 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO BRING THE IOWA CITY MUNICIPAL CODE INTO COMPLIANCE WITH RECENT STATE LEGISLATION REGARDING MANUFACTURED HOUSING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Ordinance of the Cita City is hereby amended by the following: A. Sec. 36-4(d)(15) shall be repealed and the following paragraph substituted in lieu thereof: Dwelling, single-family. A building containing one dwelling unit. This definition includes the term "manufac- tured home." B. Sec. 36-4(m)(1) shall be repealed and the following paragraph substituted in lieu thereof: 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 manufac- tured home unless it has been con- verted to real property and is taxed as a site built dwelling as is provided in Iowa Code (1983) 1350.26. For the purpose of any of these regu- lations, manufactured homes shall be considered the same as a single-family detached dwelling. C. Sec. 36-4(m)(2) shall be repealed. Section 36-4(f) shall be amended by adding the following paragraph: (1.1) 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. 134 01 ance No. 84-3196 1 PL,_ 2 D. Sec. 36-4(m)(4) shall be repealed and the following paragraph substituted in lieu thereof: 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 reconstructed as will permit the vehicle to be used for year-round occupancy as a single family dwelling and containing water supply, waste disposal, heating and electrical conveniences. A mobile home is factory -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 be classified as "manufactured homes." E. The following paragraphs shall be added to the dimensional requirements of the sections noted: 1. Sec. 36-5(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 2. Sec. 36-6(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 3. Sec. 36-7(e)(6) Minimum building width: 20 ft. for at least 75% of the building's length. 4. Sec. 36-5(e)(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. 5. Sec. 36-10(e)(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. 6. Sec. 36-11(e)(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. N-7 Or' -ince No. 84-3196 Pa 3 7. Sec. 36-13(e)(7) Minimum building width: 20 ft. for at least 75% of the building's length. F. Sec. 36-9. Manufactured Housing Residential (RMH) zone shall be retitled the Factory -Built Housing Residential (RFBH) zone. G. Sec. 36-9(a) shall be repealed and the following paragraph substituted in lieu thereof: Intent. The Factory -Built Housing Residential (RFBH) zone is designed to provide for the placement of manufac- tured 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. H. Sec. 36-9(b) shall be repealed and the following paragraph substituted in lieu thereof: Permitted uses. (1) Manufactured homes. (2) Mobile homes. (3) Modular homes. I. Sec. 36-9(c)(2) shall be repealed and the following paragraph substituted in lieu thereof: 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. 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 par 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. Ora'-ance No. r'84-3196 Pa 4 SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication required by law. Passed and approved this 14th day of August, 1984. / ATTEST: as I u Pip aV ean� ot�wQa at i ?&(I O I'M It was moved by Strait . and seconded by Dickson that the Ordinance as re e a opt 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 xxxx Vote for passage: Second consideration x''x Vote for passage: Moved by Strait,' seconded by Dickson, that the rule reouiring 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 secopd vote be waived and that the ordinance be voted upon for final passage at this tim'bate published 8/22/64 19A CITY CSF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/A CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3196 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of August , 19 84 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 22nd day of August , 19 84 Dated at Iowa City, Iowa, this 11thday of September ,19 84, Ram9 a Parrott, Deputy City Clerk re You Reay You're Ri Let's Diet!! 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THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Division 2, Sections 36-72., 36-73, be deleted from the Zoning Ordinance and the following be inserted in lieu thereof: DIVISION 2. TREE REGULATIONS Sec. 36-72 General. (a) �Purpose. The purpose of these regulations shall be to assure that trees are pp as e3 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, recons ruc ion 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 instal a prior o 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 Cit an amount which shall cover the anticipated costs of p antings. (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 header 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�lan 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 (3) the location of existing trees within the right-of-way. IU 3 Sec. 36-73 Requirements. (a) Trees alaacent to and within street ri hts-of-way. The following provi- sions s a reg g�� e planting 6 rejacent 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 annot 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, 14) 4 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 t es of streets intersect, the location of the tree s a e determined y e ype o s r— et adjacent— o th 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. M 5 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. IQ< 0 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. )qt 7 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. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 28th day of ATTEST: 7egr l CITY CLERK fe"Wed 3 Approvea By Tho Legal Department 19? H It was moved by Erdahl and seconded by Strait that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait x Zuber First Consideration 8/14/84 Vote for glage: Ayes: Baker Ambrisco,cksotn, lr,1 McDonald, Strait. Nays: None. econa' CAt-ati on XXXXX Vote for passage: Moved by Erdahl, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings Drior 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, Ambrisco, Baker, Dickson, Erdahl, Strait. Nays: None. Absent: Zuber. Date published September 5, 1984 2 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. 84-3197 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of August , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the Sth day of September , 19 84 Dated at Iowa City, Iowa, this 24thday of September X19 84 Ram na Parrott, Deputy City Clerk 6 Printers fee $)- It? --CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson Countyss; THE IOWA CITY PRESS -CITIZEN I Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- ; -paper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_-- _ time(s). on the fol- lowing date(s): Cashier Subscribed and sworn to before me this 41 day of„y/r2�TE A. D. Notary Public ,�lam_G46 J` ` ppRGgYE7R10S -R 9 y T OFFICIAL PUDLICATIO^7` FICIAL PUBLICATION ORDINANCE N0.17 ) ' tree shall be straight. of trunk DROiNANCE TO AMEND THE TREtATI0N5 OF with the main header intact, - THE ZONING. ORDINANCE COUNCIL OF THE (3) treefsra s Trees.Thisaf ypeight - BE IT ORDAINED BY THE CITY minimum CITY OF IOWA CITY, IOWA; of 3 feet measured froonhothe SECTION 1. That Division 2, Sections planted level to the top of the 36-72-9-73, be deleted from the .Zoning tree. The needle color and Otdinance and the following be inserted in branching habits shall be normal _ 1 eu thereof: for D�Y(SION 2. TREE REGULATIONS. the species and'. the overall shall be indicative SNc. 36-72 General. these. appearance of previous care to pruning and (• (a) Porposg The purpose of s . be to assure that trees development. It shall he the requ(atlons are planted and/or preserved with the (f) 'Maintenance. y>_o We owner of a lot to development or redevelopment of buildings. responsibiTT for other thanmaintain and 'replace. if necessary, trees end parking areas the establish- required by these provisions after their single-family uses and with men or conversion of uses, other than planting; any trees on private property the right-of-way single-family uses, in accordance with the which overhang public be maintained id accordance with the best ecological- concepts, environmental' shall objectives and siteplanning principles so. provisions of Chapter 34of the Iowa City of trees Pun the, well-being . of .the residents of the. ici him streetd rights �ofewaycshall be City is protected and enhanced. w_ ApplicaDillty. N° }esponsib6eneral i7- (b). General blrli lding perm ., s a e ssueo for the ((I Prorlstons. (1) construction, recpnstcuction or structural for treeshall alteration of a building and its parking be or man distance to the center area ,nor shall any use established converted nor shall a certificate of the of fractional numbers ottupancy be granted for a use without the tree ere (2) trees result number of - conformity with the provisions of the following shall tes shall be und rl r}yulations. However, torethe closest whole. umber be exempt from these regulations: -10 and. IO' required fol (3). (1) Property in the CB screening purposErgrem es to accodanc9 zones. (2) Property developed in accordance 36t76(�heStprovisionsSec' ring ons�f Sec with the yard requdranentz of 'the. 35_58 -Off-street. Parkt� .zone in such • manner that is to ei)J ( ma •Oe used tf Requirements, y �I insufficient area available achieve compliance with.the tree tb provided Saeesfy the requirp�rov tied f tial fl regulations; all trees which can in compliance with are of a variety suitablefel I be provided the requirements of'this Division screening purposes, listed i O p W and ar supplement, I shall be provided. individual lot occupied by a the above allowed to grow to their matuq I (3) Any single family dwellirq btcaDt for het ht. (4) References to "large' or 'small !. townhouses. 34 of the Iowa City par gg Da subsequenthe t Refer to Chapter Mupicipal Code for other regulations trees to height scheduled in the "List of Raced pil"'ining. to vegetation. 'The mended Trees for Iowa City." (c) Recomnendeo 5 ecies o4 Trees. this (5) Existing trees may be used 1 varieties o reel Penn a y. the.Use indicated, .are comply. with the requirements +, ordinancefor specified in the 'List of Recommended the tree regulations. (h) Site Plan. When provisions of t Tom for Iowa City" as updated' and tree a�nded from, time to time and available as the plo -) 1 n°shallr beaSubnitted�withst )for a supplement to and made a Dart of request a building 'permit and shal trie regulations. The List of Recon- in addition' to the information mammal ,Wdid Trees for Iowa City" may -be the City :required, include: obtained from the office of and (I) the, size and location Fore9ter or the Department of P7annin9 required planting areas; Pro am Development. Trees not included. Iowa 2 the mature height (small ) off "List of Recommended Trees for large), location and type (ev Ctty° may be used to fulfill the require- of seen or deciduous) of exist mdht; 04 this Division upon approval end proposed tree plants the City Forester. (d) Installation. All tree plantingslocation and of th tr (3) re4�I ad y s section shall be in- within the right-of-waY. stRi+led prior to Occupancy or commencement cannot. be Sec. 36-73 Requirements. of a use. , If the plantings iMtif$l led prior to occupancy or comimenee-. may (a) Trees ad scent to and wi street r1 h s -o -wa .. a o� Owing ,ant; of a use,: the Building, Official certifi a ccu ancy s tat the ad lis mDantem byre Wola trees adj centre o antlwithintist grant a delay of tree installation until rights-of-way. (1) tthe ,seasonal calendc dates of June 1 or first, and applWheneverythere is a can Nopgmber 1, whichever occurs in an Sion or a new ole as the property owger shall place account, .established with the City,.. 115hed, the requirmat,tp this subsection shall escrow an amount which shall cover the antici- applicable to the an paced costs o4 plantings. (el PlantingSizes. The following lot. b. Whenever a prim specific@t ons Shall e met at. the time of building(S) is coestru Planti n99: (1) Lar a Deciduous Trees. This reconstructed or stru ally altered by one or ype c tree 's a have a trunk diameter of 1.5 additions, the total the minimum inches at a point six (6) inches which increases area by more than tan above ground level, and demon- the capabilities', percent, the requirement strate. growth branch formation, and crown this subsection shal .applicable to the e - balance that is indigenous to lot. - the particular variety. The tree c. If any Provision of ' shall be straight of trunk with Chapter would preclude the main leader intact. This planting of one or (2) Small Deciduous Trees single trees adjacent to type o tree sha lhave a minimum trunk right-of-way, the stem and a diameter of 1.5 inches and which C nut adjacent to the right-gqqq i` demonstrate the growth capa6il7 shall. be plant etl wit ties, branching formation and right-ofe-way accordin') ii crown balance that is indigenous the provisions of par to the particular variety. The �NPnI>rY YOU Mark Trail EIKNOW HAS E17ED KING DS THE TAIN ENU TILL N'T IF HE SMITN,.ISSINGERAN Frank and NO PETS The Wizard of ld u 2. is the the this spaces 3. If an existingparking area does not ,have a permanent dust -free surface and is _required to be .surfaced, or alteredin any way,. the ' .provisions. of this• subsection shall' apply as if the parking. .area had not ,previously - - existed' c. Parking' ramps, covered' Parkin g areas, and, parking areas that are an integral. - ments of this subsec tion. (2)'. Required treeplanting for parking areas. Trees and planting areas shall be provided I v within and abutting the perime- ter of parking area(s)', and meet the following conditions: a. Planting areas shall. be 1110 LIKE? TO.R5?RP0W_ 1E V OIp1iN UPA MQM•gND•R:PyT" 2_ t Yly not more than 40 feet from a small sizetree within 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„ andalleys by an unmountable curb Or barrier a minimum of five. (5) inches in .height. The curb or barrier shall. be constructed in, such amanner that saltwater runoff will not damagethe tree. c'.. Only :small 'trees shall' be allowed insmall. planting - areas and they .shall be. planted at. a ratio of no - morethan -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 /m 0- 3 /97 IZV �2_ residential use and meat the followingconditions: a. Trees shall beplanted 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 inchesata 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 3000 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 thegreatest amount of residential floor area of any floor thatis wholly or partiallydevoted to a residential use. Trees .planted -to fulfill the requirements of Section 36-73(a), -right-of-waI trees, and Section 36.73(b -parking area trees, may be used to fulfill the require- ments of this subsection. b. Small trees shall not be located closer than eight (8) feet to a building and large trees shallnot be located closer than 14 feet to building. C. Trees. shall not be located 'within four (4) feetof 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 5D. feet along collector streets, or within 304feet of theintersection different types of streets Intersect. the locationof 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 minimumof four and -a half (4 1/2) feetfrom or a piancmg area ana large. of .256 -square feet and trees shall be located a located a ,minimum of 'four minimum of four and a half and at half (4 1/2) feet, from (4 1/2) feet free the edge the edge of planting area. of a planting area. SECTION II. REPEALER: All ordinances and a. Trees shall notbe located parts of o finances in conflict with the within four (41 feet of a provision of this ordinance are hereby public sidewalk or the repealed. anticipated location of a SECTION Ili. SEVERABILITY: If any _ future public sidewalk wheresection, provision or part of the Ordi- one does not exist. nance shall be adjudged to be invalid or c) Trees an private property for unconstitutional, such adjudication shall entia uses. T e o ging prov - not affect the validity of the Ordinance s�+alYate the plant ing of trees' as a Miele or any section, provision or residential cess, ezceet for, part thereof not adjudged invalid or O_ family residences. unconstitutional. (1) Wheneveria building SECTION IV. EFFECTIVE BATE; This Ortli- resideer a building' containing a mance she a n -e ec a aer its final residential user structurally constructed, reconstructed, or passage, ';approval and publication as required b y law. altered by one or more addt- re q tions, the total of which Pasted and approved this 28th day of increases the floor area by more st, 984. than ten, (30) percent, the, requirements- of paragraph (2) YOR shall be. applicable. to the. - entire lot. TTEST: lAa -� (2) Required tree planting for- �,; -" residential uses. Trees shall; CITY LLERK) be. planted an a lot' with a. ,86307 September 5, 1984 ORDINANCE NO. 84-3198 ORDINANCE TO AMEND THE OFF-STREET PARKING REQUIREMENTS OF THE ZONING ORDINANCE TO INCLUDE PROVISIONS FOR TRAFFIC ISLANDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Section 36-58(c)(2)h be Te- e e rom the Zoning Ordinance and the following be inserted in lieu thereof: Parking spaces along lot lines and alleys shall be provided with car stops or curbing so no part 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: SECTION II. This ordinance shall be in fiu i o—rce and effect when published by law. SECTION III. REPEALER. All ordinances and pars 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 un- constitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall a to effect after its final passage, approval and publication as required by law. /f9 Page 2 Passed and approved this 28th day of Augu 1984. U MAYOR 4N ATTEST: �Ct,EKK +� Received BY Th8 '�PFroved ae yahP+r►meM It was moved by Erdahl and seconded by Strait that the Ordinance as read be adopted and upon ro ca ere were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT �— ZUBER First consideration 8/14/84 Vote for passage: Ayes: Dickson, Ambrisco, Baker, Erdahl, McDonald, Strait. Nays: None. Absent: Zuber. Second consideration xxxxX Vote for passage 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, Ambrisco, Baker, Dickson, Erdahl, Strait. Nays: None. Absent: Zuber. Date published September S, 1984 ao 1 CITY G= IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3198 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of Aueust 19 84 ,all as the same appears of record in my office and published in the Iowa City Press -Citizen on the Sth day of September , 19 84 Dated at Iowa City, Iowa, this 24th day of September , 19 84 RA NA PARROTT DEPUTY CITY CLERK �l Printers fee 3.l5:_ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice. a printed copy of which is hereto att hed, was published in said paper time(s). on the fol: lowing date(s): Cashier Subscribed and sworn to before me s this QF- day ofd. A.D. Notary Public dr' G �.i.r:�Y RiOS OFFICIAL PUBLICATION ORDINANCE NO. 84-3198 ORDINANCE TO AMEND THE OFF-STREET PARKING REQUIREMENTS OF THE ZONING ORDINANCE TO INCLUDE PROVISIONS FOR TRAFFIC ISLANDS. - BE IT ORDAINED BY THE CITY COUNCIL OF .711E CITY OF IOWA CITY, IOWA: SECTION 1. That Section 36-58(c)(2)h be e p e rom the Ioning Ordinance and the following be inserted in lieu thereof: h. Parking spaces along 16t 'lines Yvan el lets shall, be provided with tir stops or curbing so no RnPyE__�pt.>1 parked vehicle can extend bl Mtl RAY lot Ii ft or into the allay. In addition. traffic islands of pervidea or impervious material shall be located so that parking spaces are separated from drives and alleys fh a manner similar to that illustrated below: i s SECTION ii. This ordinance shall be in YyTi%rce and effect when published by law. SECTION. 111. REPEALER. All ordinances pars of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section. Prov s on or par of the Ordi- nance shall be adjudged to be invalid or Nnconstitutiomal, such adjudication shall Rot affect the..validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or un- Unstitutional. _SECTION V. EFFECTIVE DATE. This Drdi- nce shall n effect after its final yissage, approval and publication as 26guired by law. Passed and approved this -28th day of Rust. 1984. MA oTt— ATTEST. �6'KK,1��.,,J ? 86304 September 5. 1994 ORDINANCE NO. 84-3199 ORDINANCE TO AMEND THE ZONING ORDINANCE TO INCLUDE A DEFINITON OF PLANTING AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Section 36-4(t)(4) be Te-Te—t—ed7rom the Zoning Ordinance and the following be inserted. Section 36-4(p)(7.1) Planting Area. An unpaved pervious area intended or used for the placement of a tree. SECTION II. This ordinance shall be in full force and effect when published by law. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision 5—r -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 andapproved this 28th day of August, 1984.1 A ATTEST: Received d, Approved By The Legal/ qep rnnent -- "r 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 8/14/84 Vote for passage: Ayes: Erdahl, h brisco, Baker, Dickson, McDonald, Strait. Nays: None. Absent: Zuber. Second consideration ?LXX Vote for passage 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, Ambrisco, Baker, Dickson, Erdahl, Strait. Nays: None. Absent: Zuber. Date Published September S, 1984 ,?a3 CITY C,)r- CIVIC CENSER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Iowa, do hereby certify and correct copy of the the City Council of Iow 28th day of August record in my office and the Sth day of SeptE OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-500D Deputy City Clerk of the City of Iowa City, that the Ordinance attached hereto is a true Ordinance No. 84-3199 which was passed by 3 City, Iowa, at a regular meeting held on the 1984 , all as the same appears of published in the Iowa City Press -Citizen on mber , 19 84 . Dated at Iowa City, Iowa, this24th day of September ,1984 '�C/,',� -RaOlona Parrott, Deputy City Clerk JJ Printers fee S_ 161) CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County.ss. THE IOWA CITY PRESS -CITIZEN I, _T Bronwyn S. Van Fossen. bring; dulc sworn• say that 1 am the cashier of the IOWA CITY PRESS-CITfZEN. a news- paper published in said county. and that a notice. a printed copy of which is hereto attached. was published in said paper ____ time(s). on the fol- lowing datelsl: s, i9P� -2 • Cashier Subscribed and sworn to before me this al day IOLW 47 11 IsFly LA�Notary Public ti„- /OD?b•�G .y h ARGAkEY MS OFFICIAL PUBLICATION ORDINANCE NO. 84-3199 -' ORDINANCE TO AMEND THE ZONING OPOINANCE TO INCLUDE A DEFINITON OF PLANTING AREA. 1 BE 1T ORDAINED O+ THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Section 36-4(t)(4) be e7ee q-rrM the Zoning Ordinance and the following be inserted. Section 36-4(p)(7.1) Planting Area. An unpaved pervious area intended or used for the placement of a tree. SECTION II." This ordinance shall be in TTr_ o} r<e and effect when published by law. SECTION III. REPEALER: All ordioancaa an pars 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 whale or any section, provision or part -thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordi pence shall n e ec a ter its final passage, approval and publication as required by law. Passed and approved this 28th day of August, 1984.Namyy Tfi R ATTEST: 86310 September 5. 1984 ORDINANCE NO. 84-3200 ORDINANCE AMENDING SECTION 35-33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amendment is to provide for City inspec- tions of motor vehicles used as taxicabs as a prerequisite to issuance of a taxicab license. The existing City Code section provides that taxicabs must conform to the requirements of mechanical fitness as set forth in the Code of Iowa. However, the Code of Iowa has een amended to repeal The requirements of mechanical inspections by the state. SECTION II. AMENDMENT. Section 35-33 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new Section 35-33: Sec. 35-33. Mechanical inspection prerequisite to issuance of taxicab 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 motor vehicles used as taxicabs conform to the requirements of 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 certificate of inspection whenever it is believed that the subject taxicab does not comply with said requirements of mechanical fitness. 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. aoy 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 28th day of August, v (LLiI MAYOR ATTEST: M,2jz&A &) ?e-. CITY CLERK Delved lL Appmved $y The Legal Department a zy�84— AOS L It was moved by Ambrisco and seconded by Dickson , that the Resolution as rea e adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD R STRAIT �- ZUBER First consideration 1OOOx Vote for passage: Second consideration lOOOIX Vote for passage: 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, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: None. Absent: Zuber. Date Published: 9/5/84 CITY Or= IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3200 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of August , 19 84 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 5th day of Septemben , 19 84 Dated at Iowa City, Iowa, this 24thday of September ,19 84 a ona Parrott, Deputy City Clerk ''// v`"7 Printers fee SIS__ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS•CITIZEN I. Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copywof which is hereto att hed, was published in said paper timelsl. on the fol- lowing date(s): Cashier Subscribed and sworn to before me A this It day of A.D. I9 T Notary Public o OFFICIAL PUBLICATION ORDINANCE NO. 8=3700 ORDINANCE AMENDING SECTION 35-33 OF THE ODE- Of ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amen nt s to Drov ide for City insPK- tions of motor vehicles used as taxicabs as a prerequisite to issuance of a taxitab 7icense. The existing City Code section provides that taxicabs must conform to'the requirements of mechanical fitness a5 set forth in the Code of Iowa. However, ine Code of Iowaes en amended to repeal the r�ements of mechanical inspections by the state. SECCTION Iol. AME sy. the ionCit35-3 of of wa City, Iowa, is hereby repealed and substituted in its place is the new SKtioe 35-33: Sic 35-33. prerequisite' to N issuance ochanical f inspection := license. Each applicant for a license required by this division or a renewal Of such ficense W el applicationproof wlt tt that all ni wtor vehxicabs conforfiR to the requirmeentscles used s ofamecnanical 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 certificate of inspection whenever it is believed that the subject taxicab does trot Comply with said requirements of mechanical fitness. ECTION III. RE ER. All ordinances Ar P., s o or g ces in conflict with the provision of this ordinance are hereby repealed. SECTION I11. '-5 SEVERABIL TY. the If Ord y set7.ion or par on. pros nance shat l.'. be adjudged to be invalid M unconstituttonal, such adjudication shall .not affect the validity of theordinance c ne as a whole or any section. invalid Of provision art thereof not adjudged' n,"'t'tuti one I. 3 -C TION V.- EFFECTIVE DATE. This Ordi- ry rote s a e n e ec after its final pi .sage, approval and publication as rs quireo by law. Passed and approved this 7Sth dor of py vst, 1' q. ATX` ST: ���`LEH/�.✓ ewi September 5. IM ORDINANCE NO. 84-3201 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 624 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 maps of the City of Iowa City, Iowa, shall be modified to include the property located at 624 South Gilbert Street: Lots 5 and 6 in Block 2 in Lyon's Addition to the City of Iowa City, Iowa, according to the recorded plat thereof, except that part occupied by the right-of-way of the Chicago, Rock Island and Pacific Railway Company as now located. Also, all that portion of the alley south of Lots 5 and 6, Block 2, Lyon's First Addition, Iowa City, Iowa. SECTION II. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and 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 11th day of September, 1984 ^ ^ MAYOR ATTEST: 4, CITY CLERK RE-'cefved 3 Apr4.0vold BY Me Legal Deperintom 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 ZUBER First consideration 8/14/84 Vote for passage: Ayes: Ambrisco, Baker, McDonald, Strait. Nays: Dickson, Erdahl. Absent: Zuber. Second consideration 8/28/84 Vote for passage Ayes: Ambrisco, Baker, McDonald, Strait. Nays: Dickson, Erdahl. Absent: Zuber. Date published 9/19/84 aoq CITY 01 - CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OW/-\ CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3201 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of September , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 19th day of September , 19 84 Dated at Iowa City, Iowa, this 24thday of September ,l 84 . I c oca% `12 -Ram)na Parrott, Deputy City Clerk Printers fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto allW� hed, was published in said papeg –CLI102— time(s), on the fol- ashier Subscribed and sworn to before me this AL day oL.OLJ7 . A.D. ts�'Sy. Notary Public OFFICIAL PUBLICATION ORDINANCE N0. 84-3201 ORDINANCE MENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 624 SOUTH GILBERT STREET. j BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described bebe-ifs hereby reclassified fron its present classification of CI -I t0 CC -2, and the houndaries of the CC -2 zone as Indicated upon the coning maps of the City Of law City, Iowa, shall be modified to include the property located at 624 South Gilbert Street: Lots 5 and 6 in Block 2 in Lyon's Addition to the City of I4.a City, Iowa, according to the recorded plat thereof, except that part occupied b) the right-of-way of the Chicago, Rock ' Island and Pacific Railway Cw"ny as now located. Also, all that portion of the alley south of Lots 5 and 6, Bleck Z. Lym's First Addition, Iowa City, Iwo. SECTION IL The Building Official is hereeFy authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this ameadnent upon the final passage, approval and publice- tion of this ordinance as provided by law. SECTION III. The City Clerk is hereby au obi rr TIR nd 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 0T_0rdinancetin conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILpITY. If any section, prov on S or par e Ordinance shall be adjudged to be invalid or ynconstitu- tionol, 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 VL EFTGATE. This Ord nande s�TiFECIVE Be n e ectaft" its final passage, approval and publication as required by law. Passed and pproved this Ilth duy of Septumber 198 . i ATTEST: reg,(I" CITY BOe10 September N. lope ORDINANCE NO. 84-3202 AN ORDINANCE AMENDING SECTION 36-88 OF THE ZONING ORDINANCE, AMENDMENT OF' THE ORDINANCE, TO BRING THE PROCEDURES THEREIN INTO COMPLIANCE WITH RECENT STATE LEGISLA- TION AMENDING CHAPTER 414 OF THE IOWA CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Ordinance of the it�a City is hereby amended by the following: (a) Section 36-88(a) shall be repealed and the following paragraphs substituted in lieu thereof: The City Council may from time to time, on its own motion or on peti- tion, amend, supplement, change, modify or repeal by ordinance the boundaries of zones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within 45 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification, or change. After the recommendation and report of the Commission have been filed, the Council shall before enacting any proposed amendment, supplement, change, modification, or repeal, hold a public hearing in relation thereto, ivin notice of the time and lace of e ear VR which notice sha e ou6 isd—in a newsoaoer havino a seven be held ear 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) Section 36-88(b) shall be repealed and the following paragraphs substituted in lieu thereof: 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 Dercent or more of the or ea members of the Council forossa e. SEC or inances 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. 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 2Sth day of September, 98 . MAYOR ATTEST: }i1a2„�-7Y. �iJ CITY CLERK ,received & Approved By T e Legal Depadn*W 7/i3 If It was moved by Erdahland seconded by Baker that the Or finance as rea a adopted and upon ro cTi aTl-there— were: e� were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD _ X STRAIT X ZUBER First consideration 9/11/84 Vote for passage: Ayes: McDonald, Ambrisco, Baker, Dickson, Erdahl, Strait, Zuber. Nays: None. Second consideration XxxOt Vote for passage 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: Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Absent: Strait. Date Published: October 3, 1984 AV2 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. 84-3202 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of September 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 3rd day of October , 19--L--• Dated at Iowa City, Iowa, thisl3th day of November ,19 84 . r7r.67�� / ��• 'Ramo0a Parrott, Deputy City Clerk Printers fee fti�a / CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto atta6hed. was published in said paper timelsl, on the fol- lowing date(sl: Subscribed and sworn to before me 1 this A� day of �A4J4-✓. A. D %i�L tr_r�tc; �'iAwi ee� � Notary Public ` CARSAf:zIR:OS F _E . _ ns'FICIAL PUBLICATION DINANCE NO. 84-1:02 AN ORDINANCE AMENDING SECTION 36-88 OF THE ZONING ORDINANCE, AMENDMENT OF THE ORDINANCE, TO BRING THE PROCEDURES THEREIN INTO COMPLIANCE WITH RECENT STATE LEGISLA- TION 'AMENDING CHAPTER Ile OF THE IOWA CODE. K IT ORDAINED By THE CITY COUNCIL OF THE CITY OF IOW CITY, IOWA: SECTION 1. The Zoning Ordinance of the My or -a City is hereby amended by the following: (a) Section 36-88(a) shall be repealed and the following paragraphs substituted in lieu thereof: The City Council my fro( time to time, on its own motion or on peti- tion, amend, supplement, change, modify or repealby ordinance the boundaries of :ones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its rec ormendatlons and report. If the Commission makes no report within 45 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification, or change. After the recommendation and report of the Commission have been filed, the Council shall before enacting any proposed amendment, supplement. change, modification, or repeal, hold either before or after it submits the propose amendment, supplement, change, modification or repeal to the Commission for Its recommendation, or during the period while the Commission is considering such matter. (b) Section 36-88(b) shall be repealed and the foll wing paragraphs substituted In lieu thereof: 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 include in the proposed change or repeal; or by the, i:. •�� oramances a antes 1n conflict with t e tarts ordinance are hereby auwamn. If any sec on, pror s on c or patlr of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordi."e as a whole or any section, provision or part thereof not adjudge invalid or unconstitutional. . SECTION IV. EFFECTIVE DATE. This Ordinance T a n e CC after its final passage, approval and publication as required by law. Passed and approve this :5th day of Septenbe ATTEST: %h.,..__2 A41AI CITY . 10688 - October 3, 1994 11 ORDINANCE NO. 84-3203 AN ORDINANCE AMENDING THE ZONING ORDI- NANCE, FLOOD HAZARD OVERLAY ZONES, TO PROVIDE FOR THE ADOPTION .OF PRELIMINARY 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 prelimi- nary revised flood maps and flood insur- ance study dated May 17, 1984 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 ma sand flood insurance study. The �i y-- His 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. B. Section 36-32(d) is hereby repealed and 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 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 nce No. 84-3203 Page c or less above the flood protection elevation as shown in Table I of the preliminary revised Flood Insurance Study. SECTION III. REPEALER: All ordinances and parts 'of or inances 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 andapproved this 2Sth day of September, 198n I _ ATTEST: Reaalved & Approved By 7h Legal Department i/J It was moved by Ambrisco and seconded by Erdahl that the r finance as reada and and upon roll call there— were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL �- MCDONALD X STRAIT X ZUBER First consideration Xa�OOC Vote for passage: Second consideration xxxxx Vote for passage 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 considerationand vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Zuber. Nays: None. Absent: Strait. Date Published: October 3. 1984 1.'5 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. 84-3203 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of September 19 84 all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 3r<L day of October , 19_j_• Dated at Iowa City, Iowa, thisl3th day of November .19_84_ Ramona Parrott, Deputy City Clerk 91 Printers fee SQL - CERTIFICATE OF PUBLICATION STATE OF IOW6, Johnson County.ss: THE IOWA CITY PRESS -CITIZEN' I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news: paper published in said county, and that a notice, a printed copy of which is hereto att hed, was published in said paper _ timels). on the fol- lowing date(s): 3 Cashier Subscribed and sworn to before me A this 6Q_ day of . A D. ,17 Notary Public ilrz�.re_a6 fiG ours ,M M _- - OFFICIAL PUBLICATION OR07NANCE NO. 84-1203 L AN ORDINANCE /MENDING THE ZONING ORDI- NANCE, FLOOD HAZARD OVERLAY ZONES, TO PROVIDE FOR THE ADOPTION OF PRELIMINARY REVISED FLOOD MAPS AND A FLOOD. INSURANCE STUDY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION 1. PURPOSE. The purpose of this ordinance isto permit the use of prelimi- nary revised flood maps and flood insur- ance study dated May 17, 1986 for the implementation of the Flood Hazard Overlay Zones. SECTION IT. AMENDMENTS. Chapter 36 of e oZF�Snicipal 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 ma�z andflood insur�an�c_e_- _s_tudy. The SFS has aaroo �minary revised Flood Insurance Rate Map, the Flood Boundary and Floudway Map and the Flood Insurance Study dated May 17, I984, provided by the Federal Emergency Management Agency as the official documents. No ordinance related to these documents shall be adapted 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 and the following is adopted in Lieu thereof: Section36-32(d) Base flood elevation/flood rotection a eTvaEi". he water sur ace elevation of the OD year flood, which is shown on the preliminary revised Flood Insurance Rate Map (FIRM), assuming only that encroachment on the floodplain that es isted when the preliminary revised Flood Insurance Rate Map dated May 17, 1986 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 preliminary revised Flood Insurance Study. SECTION 111. REPEALER: All ordinances and pars of o manes in conflict with the provision of this ordinance are hereby repealed. SECTION IV.SEYEMBIL[TY: if any sec on, Drov s oo or par 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 she be in effect after its final Passage, approval and puDI 'Cat ion required by law. ay Passed and proved this 25th do September, 19 PAYOR ATTEST: 1106109 October 3, 1984 . AV ORDINANCE NO. 84-3204 AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR THE ESTABLISHMENT OF HISTORIC PRESERVATION YISTRICTS, AND DEFINING POWERS AND DUTIES IN ASSOCIATION THEREWITH. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE AND INTENT. The purpose of this ordinance is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, and perpetuation of `districts and historic and cultural significance located in the City of Iowa City. B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural significance. C. Stabilize and improve property values by conservation of historic properties. D. Foster civic pride in the legacy of beauty and achievements of the past. E. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. F. Strengthen the economy of the City, and G. Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. SECTION II. DEFINITIONS A. APPLICANT. The party making application for a Certificate of Appropri- ateness from the Iowa City Historic Preservation Commission. B. APPLICATION. A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a Certificate of Appropriateness. C. CERTIFICATE OF APPROPRIATENESS. The document, evidencing approval by the Historic Preservation Commission of a proposal to make a change in appearance, must be obtained before a Regulated Permit may be issued. D. CERTIFICATE OF NO MATERIAL EFFECT. The document. issued in lieu of a air. �V' Ordinance No. 84-321 Page 2 E. CHANGE IN APPEARANCE. Any change or alteration of the exterior features of a building or change or alteration of the appearance of a property within an historic district. This definition shall pertain only to changes in appearance which are visible from the public way or from adjacent properties, and for which a building, demolition, house moving or other regulated permit is required for compliance with applicable city codes. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building, for which no regulated permit is required. For the purposes of this ordinance, changes made in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. F. CHANGE OR ALTERATION. The erection of a building on a site, the movement of a building from or to a site, the demolition of a build- ing, the reconstruction or restoration of a building, or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building. G. COMMISSION. The Iowa City Historic Preservation Commission, as established by this Ordinance. H. EXTERIOR FEATURES. The architectural style, general design and arrangement of the exterior of a building, including the kind and texture of the building material and type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. I. HISTORIC DISTRICT. An area that contains contiguous 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 workmanship. 3. Are associated with events that have made a significant contribu- tion 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. J. PROPERTY OWNER. An individual or group of individuals, corporation, partnership, association, or any entity, including state and local governments and agencies which is the owner of real estate. Ordinance No.ga--i Page 3 K. REGULATED PERMIT. A permit issued by the Building Official, or other official of the City of Iowa City according to the provisions of 1) Building Code, 2) Sign Regulations, 3) House Movers Ordinance, or 4) Fire Code. SECTION III. IOWA CITY HISTORIC PRESERVATION COMMISSION A. An Iowa City Historic Preservation Commission is hereby established. The Commission shall initially consist of seven (7) members who shall be residents of the City of Iowa City. B. Members of the Commission shall be appointed by the City Council. At least one resident of each designated area of historical significance shall be appointed to the Commission. Other members shall be chosen at large from any part of the city and shall have some expertise in history, urban planning, architecture, archaeology, law, sociology, or other closely related field, or shall demonstrate interest in the area of historic preservation. At least three of the members shall hold appointments at large. Should the number of officially designated city historic districts exceed four in number, a new member shall be added to the Commission for each new district in excess of four districts. No more than one-third of the members of the Commission shall belong to the City's Planning and Zoning Commission. C. The original appointment of the members of the Commission shall be two (2) for one year, two (2) for two years, and three (3) for three years. The members appointed from designated historic districts shall serve three year terms. After the initial appointment of members the term for each member shall be three years. D. Vacancies occurring in the Commission, other than by expiration of term of office, shall by filled only for the unexpired term. E. Members may serve for more than one term and each member shall serve until the appointment of a successor. F. Members shall serve without compensation. G. A simple majority of the Commission shall constitute a quorum for the transaction of business. SECTION IV. RULES OF THE COMMISSION The Historic Preservation Commission shall elect from its membership a chairperson and vice -chairperson whose term of office shall be one year. The chairperson and vice -chairperson may serve for more than one term. The chairperson shall preside over the Commission and have the right to vote. The vice -chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. B. The City Manager shall designate a person to serve as secretary to the Commission. The secretary shall keep a record of all applications for Certificates of Appropriateness, resolutions, proceedings, and actions of the Historic Preservation Commission. Ordinance No.Rd-,; Page 4 C. The Commission shall recommend rules or by-laws for the transaction of its regular business to the City Council for adoption. The Commission shall have the authority to adopt rules of procedure in connection with the approval or disapproval of Certificates of Appropriateness subject to approval of the City Council. D. The Commission shall keep a record, which shall be open to public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall be sufficient for a Certificate of Appropriateness to be granted, or for the adoption df any resolution, motion or other action of the Commission. The Commission shall submit a report on its activities to the Council and may make such recommendations to the Council as it deems necessary to carry out the principles of this ordinance. SECTION V. POWERS OF THE COMMISSION A. The Commission shall be authorized to conduct studies for the identi- fication and designation of Historic Districts meeting the definitions established by this ordinance. The Commission may proceed at its own initiative or upon a petition from any person, group or association. B. The Commission shall review and act upon all applications for Certifi- cates of Appropriateness, pursuant to Section VII of this ordinance. C. The Commission shall cooperate with property owners and city agencies pursuant to the provisions of Section VIII of this ordinance. D. The Commission shall further the efforts of historic preservation in the city by making recommendations to the City Council and city commissions and boards on preservation issues when appropriate, by encouraging the protection and enhancement of structures with histori- cal, architectural or cultural value, and by encouraging persons and organizations to become involved in preservation activities. E. The Commission shall not obligate itself or the City of Iowa City in any financial undertaking unless authorized to do so by the City Council. SECTION VI. PROCEDURES FOR THE DESIGNATION OF HISTORIC DISTRICTS. A. The Commission may make a report recommending that an area be desig- nated an historic district. Before any report or recommendation is submitted to the Planning and Zoning Commission for review, the Commission shall hold a public hearing on any proposal to designate an area as an historic district. The Commission shall give prior notice of the time, date, place, and subject matter of such hearing. Such notice shall be served by ordinary mail addressed to each property owner of land included within such proposed district at his or her last known address. If the address of any property owner is unknown such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting forth the names, addresses, and date of mailing of all property owners notified pursuant to this section. Such affidavit shall be filed with the clerk in the records of his/her office. After this public hearing the Commission shall Ordinance No.84-32(. Page 5 submit its report to the Planning and Zoning Commission and shall include a proposed ordinance establishing such district and describ- ing the boundary thereof. A copy of the report shall also be submitted to the Office of Historic Preservation of the Iowa State Historical Department for review and recommendations concerning the proposed area. Comments from the Office of Historic Preservation regarding the proposed area shall be receive v the City Drior to t e ate of anv action taken by t e Piann ng 5 tonin "ommission which sets tortn recommendations to the Cit Counci on an or finance establishing the proposed area as an historic aistrict. B. Within sixty (60) days of the receipt of the report, of recommenda- uttice OT Historic Preservation of the Iowa state Historical ueoart- 1115116 a11U V 1 6115 1U VJCU UI -U 111MILU, NIC r 1 all i my aim i -un y witu I IJ- sion s a su mit i s recommuen a ions to the City Council with respect to the relation of such designation to the comprehensive plan, zoning ordinance, proposed public improvements and other plans for the renewal of the area involved. The Planning and Zoning Commission shall recommend approval, disapproval or modification of the proposed historic district. Upon submission of the report of the Planning and Zoning Commission, or upon the expiration of the sixty (60) day period, the matter shall be transmitted to the City Council. The Historic Preservation Commission shall be advised of any modii= cations to thero osed historic district which are recommended by th�Tnning d on n Cortmission. C. If the area of the proposed historic district as approved by the Historic Preservation Commission is altered by the P annini g and Zoning Commission, the City Council shall submit a description of the altered proposed area of historical significance or the petition descri ing the area, to the Office of Historic Preservation of the Iowa State Historical Department for review and recommendations concerning the proposed area. D. The recommendations from the Office of Historic Preservation concern- ing the proposed area or altered ro osed area shall be received b the City prior to setting a pub is hearing conducted by the City Councon il an ordinance establishing an historic district. An recommendations ma a the Office of Historic Preservation sha be made available y the City to the public for viewing during normal workina hours at a citv government place of Dublic access. Upon receiving the recommendations of the Office of Historic Preserva- tion on the proposed area and/or altered proposed area. the Citv uouncii snail proviae notice or such nearing as proviaea Dy law ana conduct a public hearing on the ordinance establishing an historic zne nistonc-aistrict oesignatlon to—tne- Historic- Preservation on Tor moaiTication M41 Me, ons that. un aaI Ordinance No. 84-3; Page 6 affected b the Council's ro osed modification shall be notified b mai 07 t e moi kation prior o ac ion y the Historic Preservation Commission. SECTION VII. APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS A. After adoption of the Historic Preservation Ordinance no individual or corporation shall undertake a change in appearance of a building or site within a designated historic district for which a regulated permit is required, nor shall the Building Official issue a regulated permit for a change in appearance of a building or site, unless a Certificate of Appropriateness or a Certificate of No Material Effect has been granted. B. The Chair of the Historic Preservation Commission and the Secretary of the Historic Preservation Commission. or their designees. may issue a or on Application for a Certificate of Appropriateness shall be made to the Building Official. The application should include drawings, photo- graphs, sketches and other exhibits portraying the work to be accom- plished which will aid the Historic Preservation Commission in the consideration of the application. D. Upon the filing of such application, the -Building Official shall immediately notify the Historic Preservation Commission of the receipt of such application and shall transmit it together with accompanying plans and other information to the Commission, unless the application pertains solely to the interior of the structure. E. All applications received before the closing date, to be established by the Commission, shall be considered by the Commission at its next regularly scheduled meeting. The Commission shall review the applica- tion according to the duties and powers specified herein. In review- ing the application the Commission may confer with the applicant or the applicant's authorized representative. In acting upon an applica- tion the Commission shall consider whether the change in appearance to a building or site proposed by the application conforms to standards set forth in the January 1979 revised edition of the Secretary of the Interior's "Standards for Rehabilitation." The Commission may use the Secretary of Interior's "Guidelines for Rehabilitating Historic Buildings" or other guidelines adopted by the Commission to aid in determining whether the proposed change in appearance to a building or site conforms to the Secretary of Interior's "Standards for Rehabili- tation." F. The Commission shall approve, modify, or disapprove the application. The findings of the Commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspection in the office of the City Clerk within five business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicant by ordinary mail. If the application is approved or approved with modifications acceptable to the applicant a Ordinance No. 84-3. Page 7 Certificate of Appropriateness will be issued, signed by the Chairper- son, and immediately transmitted along with the application to the Building Official. If the application is disapproved it will be immediately transmitted, along with the written resolution of the Commission's findings, to the Building Official. G. Any applicant aggrieved by any decision of the Commission may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than 10 business days after the filing of the above mentioned resolution. The City Council shall, within a reasonable time, hold a public hearing on the appeal, give public notice thereof as well as notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the City Council shall consider whether the Commission has exercised its powers and follow the guidelines established by law and this ordinance, and whether the Commission's action was patently arbitrary or capricious. In exercising the above-mentioned powers the City Council may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Commission from whom the appeal is taken. H. If not satisfied with the decision of the City Council the appellant may appeal to the Johnson County district court within 60 days after the Council's decision. I. Certificates of Appropriateness issued on the basis of approved applications authorize only changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or his/her designee to inspect from time to time any work performed pursuant to such a Certificate to insure compliance with the requirements of such Certificate. If it is found that such work is not being carried out in accordance with the Certificate, the Building Official shall issue a stop work order. Any change in appearance at variance with that authorized by the Certifi- cate shall be deemed a violation of these regulations and shall be punishable as provided in Section X of this ordinance. SECTION VIII. REMEDY OF DANGEROUS CONDITIONS A. Except for emergencies as determined by the Building Official pursuant to the ordinances of the City of Iowa City, City enforcement agencies and departments shall give the Historic Preservation Commission at least 30 days notice of any proposed order which may affect the exterior features of any building for remedying conditions determined to be dangerous to life, health or property. The Commission shall have the power to require that changes or alterations not adversely affect the exterior features of a building in cases where the danger to life, health or property may be abated without detracting from the exterior features of the building. In such cases it shall be the responsibility of the Commission and the city agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior aal; Ordinance No. Rj- Page 8 features. Such plan shall be approved by the Commission and shall be signed by the Chair of the Commission, the property owner, and the head of the city agency or department. C. If a preservation solution acceptable to the Commission, the City agency or department, and the property owner cannot be reached within 30 days or a period of time acceptable to the city agency or depart- ment, the agency or department shall proceed to issue and enforce its proposed order. SECTION IX. COMPATIBILITY WITH EXISTING ZONING REGULATIONS. Any new building shall conform to all setback requirements of the zone in which it is to be built or moved. If a building which has lost 100% or more of its assessed value due to fire or other natural disasters is to be recon- structed as near as possible to the original exterior design, it may be placed upon its original foundation or the site of the original founda- tion. SECTION X. ENFORCEMENT, VIOLATIONS AND PENALTIES A. It shall be the duty of the Building Official to enforce these regulations and to bring to the attention of the City Council any violations or lack of compliance herewith. B. Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this ordinance shall be charged with a simple misdemeanor to be prosecuted in a court of appropriate juris- diction in Johnson County, Iowa. C. Violations of Section VII and VIII of this Ordinance are deemed and declared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by the District Court. SECTION XI. SEVERABILITY. Should any section or provision of this ordinance be decided by a court of this state to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. SECTION XII. SHORT TITLE. This ordinance shall be known as may be cited as "The Historic Preservation Ordinance of the City of Iowa City, Iowa." SECTION XIII. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION XIV. EFFECTIVE DATE. This ordinance shall take effect immedi- ately upon passage and publication as required by law. Passed and approved this 25th day o4 September, 1984. KARR, CITY CLERK Retelved & Approved By The Legal Depertrneni It was moved by Ambrisco and seconded by Dickson , that the Resolution as rea a opted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL MCDONALD X STRAIT ZUBER First consideration 9/11/84 Vote for -passage: Ayes: Dickson, Ambrisco, Baker, Erdahl, McDonald, Strait. Zuber. Nays: None. Second consideration XXXXX Vote for passage: 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 second considerationand vote be waived and the ordinance be voted upon for final passage at this time. — - - "— Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: None. Absent: Strait. Date Published: October 3. 1984 .2ad 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. 84-3204 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2Sth day of September , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 3rd day of October , 19 84 Dated at Iowa City, Iowa, this13th day of November ,19 84 Ramo Parrott, Deputy City Clerk �9 Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att ed, was published in said paper time(s). on the fol- lowing date(s): bra 91 �/9d'�el Cashier Subscribed and sworn to before me 4 this 000 day ofO fLl_. A.D. 19t`Y . Notary Public OFFICIAL PUBLICATION ORDINANCE NO. 8a-3204 AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR THE ESTABLISHMENT OF HISTORIC PRESERVATION DISTRICTS, AND DEFINING POWERS AND DUTIES IN ASSOCIATION THEREWITH. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, EDWA: SECTION I. PURPOSE AND INTENT. The purpose of this ordinante Is o: A. Promote the educational, cultural, j economic and general welfare of the Public through the protection, enhancement, and perpetuation of districts and historic aro cultural significance located in the City of Iowa City. B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts of historical, architectural, and cultural signifi- cance. C. Stabilize and improve property values by conservation of historic Proper- ties. D. foster civic pride in the legacy of beauty and achievements of the past. E. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided. F. Strengthen the economy of the City, and G. promote the use of districts of I storic and cultural sllgnificence as sites for the education, pleasure and welfare of the people of the City. SECTION II. DEFINITIONS ANT-TFe__perEy making applica- tion for a Certificate of Appropriate- ness from the Iowa City Historic Preservation Commission. B. APPLICATION. A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a Certificate of Appropriateness. C. CERTIFICATE OF APPROPRIATENESS. The document, evidencing approval by the Historic Preservation Commission of a proposal to make a change in appear- ance, must be obtained before a Regulated Permit may be Issued. 0. CERTIFICATE OF NO MATERIAL EFFECT. The document, issued in lieu of Certificate of Appropriateness before a regulated permit is issued, which signifies that the work contemplated to the application will have no effect on any significant architectural features of the building or on the historic district. The Certificate of No Material Effect evidences approval by the Historic Preservation Cmmis- Sion and the Department of Planning and Program. Development of a proposal to make a change in appearance. E. CHANGE IN APPEARANCE. Any change or alteration of the exterior features of a building or change or alteration of the appearance of a property within an historic district. This definition Shall pertain only to changes in appearance which are visible from the 1 public way or from adjacent proper- m ties, and for which a building, 1 demolition, house moving or other regulated permit is required for compliance with applicable city codes. Furthermore, nothing in this defini- tion shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building, for which no regulated Permit is required. For the purposes of this ordinance, changes made in the color of the exterior surfaces of a building are considered to be. ordinary maintenance and repair. F. CHANGE OR ALTERATION- Y ur'ion of e bulld-im-- At of i�7z, SECTION 111. IOWA CITY HISTORIC Pal TIUN COMMISSION A7-AnTowa—City Historic Preservation Commission is hereby established. The Commission shall initially consist of seven (7) members who shall be residents of the City of Iowa City. B. Members of the Commission shall be appointed by the City Council. At least one resident of each designated area of historical significance shall be appointed to the Commission. Other members shall be chosen at large from any part of the city and shall have sane expertise in history, urban planning, architecture, archaeology, lav, sociology, or other closely related field, or shall demonstrate interest in the area of historic preservation. At least three of the members shall hold appointments at large. Should the number of officially designated city historic districts exceed four in number, a new member shell be added to the Commission for each new district in excess of four districts. No more than one-third of the members of the Commission shall belong to the City's Planning and Zoning Commission. C. The original appointment of the members of the Commission shall be two (2) for one year, two (2) for two years, and three (3) for three years. The members appointed from designated historic districts shall serve three year terms. After the Initial appointment of members the term for each member shall be three years. D. Vacancies occurring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. E. Members may serve for more than one tens and each merger shall serve until the aposinfoment of a successor. F. Members shallserve without compensa- tion. G. A simple majority of the Commission shall constitute a quorum far the transaction of business. SECTION IV. RULES OF THE COMMISSION A. The Historic PreservaffOn annission shall elect from its membership a chairperson and vice -chairperson whose term of office shall be one year. The chairperson and vice -chairperson may serve for more than one term. The chairperson- shall preside over the Commission and have the right to vote. The vice -chairperson shall. In cases of absence or disability of the chairperson, perform the duties of the chairperson. B. The City Manager shall designate a Person to serve as secretary to the Commission. The secretary9 shall keep a record of all applications for Certficates of Appropriateness, resoiutions, proceedings, and actions of the Historic Preservation Commis- Sim - C. The Commission shall recommend rules or by-laws for the transaction of its regular business to the City Council for Adoption, The Cammissim shall have the authority to adopt rules of procedure in connectlmn with the approval or disapproval of Certifi- cates of Appropriateness subject to approval of the City Council. D. The Commission shall keep a record, which shall be open to Public view, of Its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded, The concurring affirmative vote of a majority of those members present shall be sufficient for a Certificate of Appropriateness to be granted, or for the adoption of any resolution, motion or other action of the Call sion. The Commission shall submit a report on its activities to the Council and may make such recommenda- tions to the Council as It deems necessary to carry out the principles of this ordinance. SECTION V. POWERS OF THE COMMISSION 'econ- A. The Commission shall e authorized to �the conduct studies for the identification vapwnu pe Puml°uild- and designation of Historic Districts 11 Airs a0 vae'illy, meeting the definitions established by it apnPui aui of"dwouU!a1O p, any 'j81au" this ordinance. The Commission may iu!1pw`w e uauM autL 1^9 proceed at its own initiative or upon deP2 e sem SAS! %m pull0 a etition from an D Y Dersan, group of ane ap,A, Iris association. ,1,100 11 Aep DW u°ab- B. The Commission shall review and act lagtz°A upon all applications for Certificates 0 10 'ciiaa1 +Uant1a•gn• ar al SI lu Appropriateness. pursuant to d 10 HA°Id aP4l pant IIIM Se Section VII this ordinance. Ifhio lend aq joAp. Aue 7uaweal, Ape AUCa°my, 1 L. The Commission shall cooperate wits o0 he . w PaLppW ouu Muo o ^P d property owners praPertY .owners end city agencies agencies suodsazs,lausHm Ai!I!Ql a pursuant to the provisions of Section AaucJ azdi°° sespe, D. VIII pf this ordinance. The Commission shall further the noA (lams, Aue....ena, l efforts of historic preservation in ssauRno u's!iz°Ap aseald' oo!ea oY the city by making recommendations to sanul p w to luolnPoWi11 1 DA+uenoWlN the City Council and city commissions mNana axaw -uaz and Wards on preservation Issues when A"' nlodaooe appropriate, by. encouraging the ssaHa aW 4o w P protection and enhancement of struc- ft, up Pay'esep °41 p Wow ! tures with historical, architectural fiwgllzanpV s1 sunbious oo sbum or cultural value, end h encouraging Y m z,plp pew dpi vaa persons and organizations to becomea ____ -.y ticup — inv olv�i pr�A{ryIItip➢�4tiY.it 1¢s.._ SECTION -VI-'PROMOURES-FOR `fl1E-DESIGNA- TtON OF HISTORIC STR Cawlss ton �of the receipt A. The oso ss on may peke a report application and shall tr, recommwtltng that an area be desig- a I together with accompanying nated an historic district. Before other information to the C any report or recommendation is unless the application Derta submitted to the Planning and Zoning to the interior of the strut Commission for review, the Commission ( E. All applications received 1 shall hold a publlc hearing on any closing date, to he a teblis proposal to designate an area as an Commission, shall be conside ' historic district. The Commission Commission at its next shall give prior notice of the time', m scheduled meeting. The date, place, and subject matter of I shall review theapplication such hearing. Such notice shall he I to the duties and :powers served by ordinary mail addressed to herein.. In reviewing the a each property ;owner of land included the Commission: may confer ' within such proposed district at his1! applicant or the applicant' or her last known address. If the ized representative. In a� address of any property owner is f an application the Commis unknown such noNee shall be served by I ) consider whether the c ordinary mail addressed to "owner' at I m appearance.- to a building the street address of the property in proposed by the applicatia question. The City. Clerk shallfile i to standards: set forth in t an affidavit of mailing setting forth 1 1979 revised edition of the the names, addresses. and date of of the Interior's Stem mailing' of all .property ewers I Rehabil nation.' The Coon' notified pursuant to this sect iw. use :the. Secretary of Such affidavit shall be filed with the Guidelines for Reha clerk in the retards of his/her Historic Buildings' or oil 02 6 a` it it SECTION ViIT:��REIEDY OF� OAN6ER011S { and I fCONDITIONS 00, xcep for emergencies as determined el I by the Building Official pursuant to y the ordinances of the City of Iowa the City, City enforcement agencies and the departments shall give the Historic :the Preservation Commission at least 30 ,rly days notice of any proposed order yon 'which may affect the exterior features ling of any building for remedying condi- led tions determined to he dangerous to ;fon life, health or %9Tprty. the B. The Commission 3 all have the power to ,or- ' require that changes or alterations TOR not adversely affect the exterior fall features of a building in cases where in the danger to life, health or property Ate may be abated without detracting from (res .the exterior features of the building. nary In such cases it shall be the respon-- ;ary sibility of the Commissionand the city agency or department to. cooperate may I with. the property owner in an attempt to achieve a preservation solution .. arr,ce. nrcer cnrs pumnc nearing cne shall submit its report to i ' -' ' .. 1n. determining- whether the pproposed. lam shall be approved by the Comets - p pP he the Planning and Zoning. Commission'. and I -change to appearance tea but or sion and shall -be signed by the Chair shall e a -proposed mrd inane- ! site. conforms to the Secretoryy of ' of the Commission,. the property owner,:. estabInclulishing establishing such district and de- Interior's 'Standards for RehaMlta- and the head of the city agency or m scribing the boundary thereof, tion., department._ -e _ -t - A copy of the report. shall F. The Commission shall approve, modify. n ac C. If a preservation solution acceptable Historic the Office Historic is i i disapprove the e application . ach im the Commission, the City agency Preservation n Io Preservation of the Iowa State findings Commission on each I findings of the Chem er department, and the property owner , de Historical Department. for review and shell be contained in e' con a cannot be reached 30 .days ci a concerning the I written re written resolution setting forth the awithin abl period of time acceptable to. the cloy proposed area. proposed' area. Comments from the vole reason for its decision and one. agency or department, theagency or of Historic Preservation f i vote of each member participating, lbe department shell proceed to issue and regarding regarding the proposed area shall he 7 therein. Such resolution shalt De enforce its proposal order.. received by. the City prior to the placed on fleefor public inspection SECTION I%. COMPATIBILITY WIIN EXISTItG. t date of any action taken by the n taken in the office. of the City Clerk within five business`,days after the meeting' ^y. no u RD s a conform to. a setback requirements Planning a Zoning which ( at which the application was. acted of the zone in Mich it Is to be built or 1 sets forth recommendations to the.. upon. Thereafter, a copy of thy- moved. If a building which has lost 9001 Lit Council: on an ordinance es ah-• Y resolution shall be sent to tho,. or more of its assessed value due to fire { lishing the proposed area as am • m applicant by ordinary mail'.. If the ' or other natural disasters is to be recon- historic district. I eppllcetfon is approved or approved., strutted as near as possible to the. . B. Within sixty (6O) days of the receipt with modifications acceptable to the, ^ original exterior design, it may be placed of endaticAS 01 the report, of recommentlatidp5 applicant a Certificate of ApproDrf= - upon its original foundation or the site the Iowa City Historic Preserve- I 1 atenets will be issued, signed by Cha.:. of the original foundation. tion Commission and the Office Chairperson, and immediately transmit- SECTION X. ENFORCEMENT, VIOLATIONS AND Historic Preservation. of the Iowa ted along with. the application to the PENALTIES State :Historical Department, and of , Bullding,Offic mal. If the aDDl icatian T. s all be. the duty of the Building the proposed mrd mance, the Planning end roping Commission shall submit is dlsapyroved. it will be immedtateIq Official to enforce these. regulations transmitted, along with the Witte. and to bring to the attention of the its recannendations to the City I I resolution of the Commission's" City council any violations or lack of .Council with respect to the relation findings, to the Building Official. r compliance herewith. of such designation to the [anprehen- ti G. Any applicant aggrieved by any'. B. Any person who violates, disobeys, , ^ s5ve. plan, zoning ordinance, proposed I ' decision of the Commissionmay appeal - omits, neglects or refuses.. to comply , • public improvements and rather plans fqr the the involved. If the action to the City Council. Such with any provision of this ordinance renewal of area an a cal must be in writingand must._ i shall he charged with a simple The Planning and Zoning Commission be fjled with the City Clerno later m misdemeanor to he prosecuted 1n e ! Ihall recommend approval, :disapproval m ` i ! than 10 business daysthe fie 5gg court of riate jurisdiction in ar modification. of the proposed ( .after ., of the above mentioned resolutioq,,, Iowa. Johnson County, Iowa. County, historic district. Upon submission of The City Council shall, within a•• � C. Violations of Section VII and VIII of the report of the Planning and Zoning , 1 reasonable time, hold a,public hearing m this Ordinance are deemed nd declared . Commission, or upon the: expiration of on the appeal., :give public notice.. to be a nuisance, and as such may be the sixty (60) day period, the matter thereof as well as notice to the ' subject to summary abatement by means shall betransmitted to the City i applicant and to the appellant, If of a restraining order or injunction Council. The Historic Preservation different, from the applicant, and issued by the District Court. ' Casnission shall be advised of any decide the appeal within a reasonable SECTION M. SEVERABILITY'. Should' any modifications to the proposed his- 'I time. shall such appeal,. provisiontof this ordinance be sectioned toric district which are recommended her, Lity Council shall topsider whether,. unci) state decided by a court of this state.. to be b Dy the. Planning and Zoning Commis- Commission. has exercised it•s " , unconstitutional or invalid such decision the, Sim.the powers and follow theguidel mase shall not affect the validity of C. If the area of the proposed historic , ( established by law and. this ordlnanee;r ordinance az a whole or any part thereof ; district as approved b the. Historic DD y and whether the Cmmission's action" other than the part so decided to be. uh- Preservation.. Card Zoni is altered. by was patently arbitrary or capricious: - constitutional or invalid. the Planning and Zoning Commission, aha 1 In exercising. the above-mentioned.• SECTION XII. SHORT TITLE. This ordinance the of tyy Council shall submit a , { powers the City Council may, /n, s a .. a mown as may cited as 'The description of the altered .proposed conformity with the provisions of this Historic Preservation Ordinance of the area of historical significance or the j ordinance. reverse or.affirm, whollp - City of Iowa City, low.' petition ,describing the area, to the1 or partly, or may modify the order,. ALER. All. ordinances SECTION XIII. REPEALER. Office of Historic Preservation of the , requirement, decision, or determinate -p a - par s• o or nancm in conflict with ; rows. State:_Histgr_1cn1_Departme0 4 on appealed from :and may makesuet, the provision of this -ordinance are hereby I ( order, requirement. decision, or _ _ -. determination as ought. to be made', and _repealed. SECTION XIV. EFFECTIVE' DATE. This to, that end shall have the powers of, ordinance shall take effect immediately , the Camission from whom the appeal' Is,, upon passage end 'publication as required "taken. by law. H.. If not satisfied with the decision of Pass and pproved' this 2Sth day of I the, City Council the appellant may 5eptavbe 19 appeal to the Johnson County district m court within 60, days after the' i p N K h R .. 1 Council's decision. " I. Certificates of Appropriateness issued- ssued-on the basis of approved apPlicatiens' an;' )l°o..,,...J -k..,1 ; — 1 1 authorize only changes in eppearanp . f set, forth In such approved. Applica _- N KARR, ITY iLiklC� W690 October 3, 1984 I =tions and no, other changesto appear ` ante..- It shall be the duty of the',- ' Building Official or his/her designeo., to inspect fram. time to time any wrk� j performed pursuant to such a Certifi- cate to insure compliance with the _ m requirements :of such Certificate. If,..---- " ! it 1s found that such work is not being carried out in accordance with the Certificate, the Builefnp Off111al - r shall issue a. stop work order., Any , I .change in appearance at variance with r that authorized by the Certificate -s.n ae dewed a violation of these s and shell be punishable is in Section X of this ordi- ORDINANCE NO. 84-3205 ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING DWELLING UNITS AS A PROVISIONAL USE IN THE CB -2 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Section 36-20(c)(1) be dee ed and the following be inserted in lieu thereof: (I) 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. 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. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed yd approved this 25th day of September, 984. y' MAYOR ATTEST: /{%irw.n�ci rf! YCo� CITY CLERK Reeelved i Approved By The Legal Ge dnionf azt6 It was moved by Erdahl and seconded by Zuber that the Or finance as reada and and upon roll call there— were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD _ _X STRAIT ZUBER First consideration 9/11/84 Vote for passage: Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Second consideration Vote for passage Moved by Erdahl, -5econded 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 passage at this time. Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: None. Absent: Strait. Date Published October 3. 1984 nZ�% CITY CHIC CENTER OF IOWA CITY 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. 84-3203 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of September , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 3rd day of October , 19 84 . Dated at Iowa City, Iowa, this 13thday of November ,19 84 . CQ- yo Ramo a Parrott, Deputy City Clerk 33 Printers fee $ J CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that. I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attajahed, was published in said paper _ . ,I time(s), on the fol- lowing date(s): was . Cashier Subscribed and sworn to before me this AL day ofd�-v , A.D. e Notary Public •�T. rttto� . n OFFICIAL PUBLICATION ORDINANCE N0. 84.3205 OFdnAAYCE WENDING THE 20NIX6 OROiUAMGE ' RE&%IX6 MILLING UNITS e5 R PROVISIONAL USE ,,jjIJI THE CB -2 ZONE. BEO'IOFORDAINED IOWA BY HyCITY COUNCIL OF THE SECTION I. That Section 36-20(c)(I) be e e e and the following be inserted in lieu thereof: (I) 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 shell be developed In accordance with the dimensional requirements of the FX -145 zone. A maximum of three (3) roomers mey reside in each dwell jjn u it. SECTION Ii. REPEALER, pil ordinances and pars o or nances in conflict with the provision of this ordinance are hereby repealed. SECTION 111. SEVERABILITY. If any sec on, prow A. on or Dar of the Ordi- npnce shall be adjudged to be invalid or unconstitutional, such adjudication shall iwt affect the validity of the Ordinance as a whole or ant section, provision or .part reofnC adjudged Invalid or SECTION IV. EFFECTIVE DATE. This r nonce s a o n e ec after its final passage, approval and publication as required by law. Passed pnd approved this 25th day of ATTEST: 90691 October 3. 1984 o-% ORDINANCE NO. 84-3206 ORDINANCE" AMENDING SECTIONS 25-60(c), 25-61, AND 25-64(c) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA SECTION I. PURPOSE. The purpose of this ordinance is to provide for the addition of two members to the Senior Center Commission, one member to be appointed by the City Council of the City of Iowa City and one member to be appointed by the Johnson County Board of Supervisors. The secondary purpose is to provide minutes of regular meetings to the Johnson County Board of Supervisors. SECTION II. AMENDMENT. 1. Section 25-60 a is hereby repealed and substituted in its place is the following new Section 25-60(a): Section 25-60 (a) The Senior Center Commission shall consist of nine (9) members, six (6) of whom are appointed by the City Council and three (3) of whom are appointed by the Johnson County Board of Supervisors. 2. Section 25-61 is hereby repealed and substituted in its place is the following new Section 25-61: Section 25-61. Terms. The term of office of each member shall be three (3) years commencing on January 1 of the year of the appoint- ment. However, the two additional appointments authorized by Ordinance No.84-3206, shall be for initial terms ending December 31, 1985, and one ending December 31, 1986, in the following manner: One new member shall be appointed by the City Council for a term ending December 31, 1985; One new member shall be appointed by the Board of Supervisors for a term ending December 31, 1986. Subsequent to these initial terms, said two additional appointments shall also be for three (3) year terms commencing on January I of the year of appoint- ment. o ance No. 84 Paye 2 3. Section 25-64(c) is hereby repealed and substituted in its place is the nea Section 25-64(c): Section 25-64. (c) "Minutes." Minutes of all regular meetings shall be distributed to the Senior Center Commission and the Johnson County Board of Supervisors at least three days prior to the next scheduled meeting of each respective organization. The City Manager and City Council shall receive copies of the approved minutes one week after the meeting wherein the minutes were approved. 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 sha be inof ect after its final passage, approval and publication as required by law. Passed and pproved this 25th day of September, 19 4 1 ATTEST: Received 8 Approved By The Legal Departmm it b�284- ;2";I5 It was moved by Erdahl Iand seconded by Dickson that the Ordinance as read be adopted and upon roll call therj— were: AYES: NAYS: ABSENT: X AMBRISCO —� BAKER —� DICKSON —� - ERDAHL r MCDONALD STRAIT X ZUBER First consideration 8/28/84 Vote for passage: Ayes: McDonald, Ambrisco, Baker, Dickson, Erdahl, Strait. Nays: None. Absent: Zuber. Second consideration 9/11/84 Vote for passage Ayes: Strait, Ambrisco, Dickson, Erdahl, McDonald, Zuber. Nays: None. Absent: Baker. Date published October 3. 1984 I - 0;213Q CITY CIVIC CENTER OF IOWA CITY 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. 84-3206 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day ofS�ntemher 19�, all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 7,.d_day of nrtnhar 1 19__&4_• Dated at Iowa City, Iowa, this 13&ay of November .19—u_• &O:Zu� L_� �ZU4_� Ramna Parrott, Deputy City C erk Printers fee t2tA _� CERTIFICATE OF PUBLICATION STATE OF IOWt1, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I. Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attar ed, was published in said paper . time(s), on the fol- lowing date(s): O.,a � cam v �/ �e 0 Cashier Subscribed and sworn to before me 4. this a� day ofCti�'Qr A.D. 19k4f A17 a Notary Public �rr`4UPIGAM I= ?ILIAL PUBLICATION —1)ROINANCE NO. 84-3806 ORDINANCE AMENDING SECTIONS 25-60(c), 25.61, AND 25-64(c) OF INC C00E OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA SECTION I. PURPOSE. The purpose of this or hart, s to prbvide for the addition of two members to the Senior Center Commission, one member to be appointed by the city Council of the City of Iowa City and one member to be appointed by the Johnson County Board of Supervisors. The secondary purpose is to provide minutes of regular meetings to the Johnson County Board of Supervisors. SECTION 11. AMENDMENT. ec ion - a s hereby repealed and substituted in its place is the following new Section 25-60(a): Section ;540 (aJ The Senior Center Comnission shall consist of nine (9) members, six (6) of whom are appointed by the City Council and three (3) of wham are appointed by the Johnson County Board of Supervisors. 2. Section 25-61 is hereby repealed and -""substituted in it, place is the following new Section 25-61: Section 25-61. Terms. The term of office ofeach member shall be three (3) years .commencing on January 1 of the year of the appoint- ment. However, the two additional appointments authorized by Ordinance No.84-3204+ shall be for initial terms ending ecemper 31, 1985, and one ending December 31, 1986, in the following manner': One new member shall be appointed by the City Council for a term ending December 31, 1985; One new member shall be appointed ' by the Board of Supervisors for A _ term ending December 31, 1986. Subsequent to these initial terms, said two additional appointments shall also be for three (3) year terms commencing ... on January 1 of the year of appoint - meat. 3. Section 25-64(c) is hereby repealed and substituted in its place is the new Section 25-64(cl: - Section 25-64. (t) "Minutes.- Minutes of all regular meetings shall be ^ - distributed to the Senior Center Commissionantl the Johnson County Board of Supervisors At least three days briar to the next scheduled meeting of each respective organization. The City MaAgar and City COunt11 shall Agar copies of the approved minutes one week after s the meeting wherein the minutes were approved. SECTION 111. REPEALER; . All ordinances Y an par s o or n4,C, in conflict with the provision of this ordinance are hereby repealed. a SECTION IV. SEVERABILITY: I/ any sect on, pro, s an or par 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 $ n e ec a ter its fin.l passage, approval and publication as required by iqw. Passed and p.proved this 25th day of „ September, 19 y. M YO ATTEST: _ I L 0.K �� 80692 October 3. 1984 ORDINANCE NO. 84-3207 ORDINANCE - AMENDING SECTION 36-58(e), SCREENING REQUIREMENTS, OF THE ZONING ORDINANCE OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amendment is to provide some flexibility in the enforcement of off-street parking screening requirements in those cases where the public interest is better served by some modified approach to screening. SECTION II. AMENDMENT. Section 36-58(e) of the oning Ordinance "screening requirements" is hereby amended by adding the following paragraph: (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. SECTION III. REPEALER. - All ordinances and pars of or finances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or par 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. \ Ail SECTION V. EFFECTIVE DATE. This Ordi- nance s aI I De m eec a ter its final passage, approval and publication as required by law. Passed and approved this 9th day of October, 1 4. MAYOR ATTEST: CITY CLERK Received & Approved By The Legal Ds art rt . a3a- 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 �— STRAIT �— ZUBER First consideration X7000 Vote for passage: Second consideration X7001 Vote for passage 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: Baker, Ambrisco, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Date Published October 17. 1984 CITY OF IOWA CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 STATE Of IOWA SS JOHNSON COUNTY CITY (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3207 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of October , 19 84 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 17thday of October , 194 • Dated at Iowa City, Iowa, this l3rhday of November ,194_ Ramona Parrott, Deputy City C erk V 17 Printers fees A.L CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county. and that a notice, a printed copy of which is hereto att hed, was published in said paper time(s), on the fol- lowing date(s): /19 el Cashier Subscribed and sworn to before me this R& day ofS Dom. A.D. 190 tam f Notary Public Nu �U's�fO 8 /o .,, Gatos 9 OFFICIAL PUBLICATION ORDINANCE IA1. 84-1207 ORDINANCE AMENDING SECTION 36-58(e), SCREENING REQUIREMENTS, OF THE ZONING ORDINANCE OF IOWA CITT , IOWA. SECTION I.. PURPOSE. The purpose of this amen nt s to provide some flexibility in the enforcement of off-street parking screening requirements in those cases where the public interest is better served by some modified approach to screening. SECTION 11. AMENDMENT. Section 36-58(e) o e. on ng r nance -screening requirements' is hereby amended by adding the following paragraph: (4) The Board of Adjustment may grant a special exception tomodify 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 --ithan would strict compliance with said requirenents. 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. SECTION II1. 1EPEALER. All ordinances apars o o names in conflict with the provision of this ordinance are hereby SECTION IV. SEVERABILITY. If any section, provision or Dar of the Ordi- nanceshall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Drdinance as a whole or any section, provision or part thereof not adjudged invalid or SECTION V. EFFECTIVE DATE. This Ordi- nance shall n e ec a ter its final passage, approval and publication as required by law. Passed and approved this 9th day of October. 1 4. ATTEST: }Ta, TI�� j 86389 October 17, 1984 ORDINANCE NO. 820$ ORDINANCE TO AMEND THE ZONING ORDINANCE TO EXTEND THE GRACE PERIOD FOR COMPLIANCE WITH ROOMERS PROVISIONS TO DECEMBER 31, 1984. SECTION I. PURPOSE. The purpose of this ordinance is to extend the grace period for compliance with the provisions of the Zoning Ordinance related to the maximum number of roomers permitted to December 31, 1984. This extension is intended to coincide with standard lease arrangements. SECTION II. AMENDMENT. The Zoning Ordinance is hereby amended by the following: Delete Section 36-7(g)(2) and insert in lieu thereof: (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. Delete Section 36-8(g)(2) and insert in lieu thereof: (2) For those dwellings in which the number of roamers exceeds one (1), the provisions herein shall become applicable on December 31, 1984. Delete Section 36-10(g)(1) and insert in lieu thereof: (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, 1984. 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. 234 SECTION V. EFFECTIVE DATE. This Or- dinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 6th. day of November, 1984 Lj,, ,;�& (✓or.G� MAYOR ATTEST: �1?v>�r� 4a�� CITY CLERK Reeeivad 8 .Approved ay Tho Legal Deparhrbqnt 1l5 It was moved by Zuber and seconded by Erdahl that the—Tr—crinance as read a adopted and upon ro I I ca I I therF- were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X EROAHL X MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published 11/14/84 Moved by Zuber, 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: Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald Nays: None. A36 CITY CIVIC CENTER OF IOWA CITY 410 E. WASHINGTON ST. IOWA CfiY, 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. 84-3208 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of November , 19 84 , all as the same appears of record in my office and published Fin Iowa City Press -Citizen on the 14th day of November , 1984 Dated at Iowa City, Iowa, this 26thday of November ,1984 Ram na Parrott, Deputy City Clerk Printers fee sJ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att ched, was published in said paper _ timels), on the fol- lowing ate(s): ✓ Cashier Subscribed and sworn to before me thisst2�faelday of_&�, A.D. Notary Public N o.�ll�0 SHA13N =777 Ell OFFICIAL PUBLICATION ORDINANCE NO. ,gq_32ga OQIMANCE TO AMEND THE ZONING ORDINANCE TO NO TIE GRAIE PERIOD FOR COMPLIANCE - NOOMERS PROVISIONS TO DECEMBER 31, 10N 1. PURPOSE. The purpose of this nance s to es end the grace period ffM compliance with the provisions of the IIbning Ordinance related to the caximum 'eumber of roamers permitted to December .31, 1984. This extension Is Intended to .coincide with standard lease arrangements. SECTION It. AMENDMENT. The zoning Ordinancs is hereby amended by the following: Delete Section 36-7(g)(2) and insert in lieu thereof: (2) For those dwellings in which the amber of roamers exceeds one provisions Of paragraph (c)(U above shall became applicable on December 31, 1984. Delete Section 36-8(9)(2) and insert In lieu thereof: (2) For those dwellings in which the number of roomers exceeds one (1), the provisions herein shall became applicable on December 31, 1984. Delete Section 36-10(gltl) and insert in lieu thereof: (1) for those owellings in which the number of roomers exceeds the number permitted in paragraph (c)(1) above, the provisions of this paragraph shall Dec ome applicable on December 31, 1984. SECTION 111. REPEALER. All Ordinances e parts I'dor nances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any sec on, pro' s on or par of [he ONi- nance sha11 be adjudged to be the 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 u nconstitutiow 1. SECTION Y. EFFECTIVE DATE. This Or- nance s ex n e ec a ter Its f1na1 passage, approval and publication as required by law. Passe and: med this 6th. day of November 1984:, AM ITUR ATTEST: 86961 CLERKNovember 14, 19111 ORDINANCE NO. 84-3209 ORDINANCE AMENDING SECTION 36-63(g), SIGN REGULATIONS OF THE CB -2 ZONE, OF THE ZONING ORDINANCE OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the zoning ordinance by adding to the list of permitted signs in the CB -2 Zone other types of signs. SECTION II. AMENDMENT. Section 36-63(g)(2) of the Zoning Ordinance is hereby amended by adding the following: e. One (1) on -premises advertising marquee sign not to exceed one (1) square foot per lineal foot of building frontage or 50 square feet per sign face shall be permitted for theatre marquees. Said sign shall consist of not more than two (2) faces and may be non -illuminated or internally lighted with non -flashing light source. f. Two (2) on -premises identification "permanent, painted" window signs not to exceed two (2) square feet per sign shall be permitted per occupant. g. On-site signs in the windows of buildings shall be allowed provided that they do not exceed four (4) square feet in area, or 25 per cent of the area of the window upon which the sign is affixed, whichever is less. These signs may advertise the name, days and hours of operation, telephone number and other related information about the business being conducted on the premises. These signs may also include information relative to the acceptance of credit cards or bank cards. h. One (1) identification or advertising facia sign not to exceed 65 per cent of the maximum square footage for facia signs in the CB -2 Zone shall be permitted in those instances where a commercial business shall have frontage on two (2) intersecting streets. This facia sign shall not be located on the same building face as that on which a facia sign, as permitted in subpara- graph a above, is located. i. No more than one (1) of the following signs (1 or 2) shall be permitted: 1. One (1) on -premises identification or advertising monument sign not to exceed one (1) square foot per AN Page 2 lineal foot of building frontage. Said sign shall not exceed 50 square feet per sign face and may be internally or externally lighted. 2. One (1) on -premises identification or advertising free-standing sign not to exceed one (1) square foot per lineal foot of building front- age. Said sign shall not exceed 50 square feet per sign face and may be internally or externally lighted. 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 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 6th. day of November, 1984 MA OR ATTEST - CITY CLERK Recelved & Approved BY T e Legal Dep „ nt 934 It was moved byLup and seconded by S raft that the Or inance as readbe'adopted and upon roll�T ie re were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL R MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published 11/14/84 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: Baker, Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco Nays: None 1639 CITY CIVIC CENTER OF IOWA CITY 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. 84-3209 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of- Novemh�r 19g�4, all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 14th day of Novembe r , 1984 Dated at Iowa City, Iowa, this 26ttday of November ,19 84 . C7tsx� !�- Ram a Parrott, Deputy City Clerk Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, __ Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attar ed, was published in said paper __ time(s), on the fol- lowing date(s): Cashier Subscribed and sworn to before me thiss gal -4— day of &OV' , A.D. 19n t. Notary Public No. uS_-[80 SHARON S-LIE!L'S OFFICIAL h, KATION bADINANCE NO. 84-3209 ORDINANCE AMENDING SECTION 36-63(g), SIGN REGULA140NS OF TIIE CB -2 ZONE, OF THE ZONING OROJRANCE OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this 3FW_ ce 1s to amend the zoning ordinance by adding to the list of permitted signs in the CB -2 Zone other types of signs. SECT IT. AMENDMENT. Section 3��i7 izi of 'E1.e Zoh?r�g ordinance is hereby aaended by adding the following: e. One (1) On-praeises advertising marquee sign not to exceed one (1) square foot per lineal foot of building frontage or 50 -square feet per sign face shall be permitted for theatre marquees. Said sign shall consist of not more than two (2) faces and may be non -illuminated or internally lighted with iron -flashing light source. f. Two (2) on -premises identification "permanent, painted" window signs not to exceed two (2) square feet per sign shall be permitted per occupant. g. On-site signs in the windows of --buildings shall be allowed provided that they do not exceed four (4) square fyt in area, or 25 per cent of the area of the window upon which the sign 4affixed, whichever is less, These :1 may advertise the name, days and hours p operation, telephone number and other related information about the bot iness being conducted on the promisesThese sigRA may also include information relative -'ti the acceptance of credit cards or bank cards. In. One (1) identiflcalion or advertising 'facia sign not to exceed 65 per cent of the maximum square footage for facia signs in the C8-2 Zone shall be permitted in those instances where a commercial business shall have frontage ontwo (2) intersecting streets. This facia sign shall not be located on the same building face as that on which a facia sign, as permitted in subpara- graph a above, is located. 1. No mare than one (1) of the following signs (1 or 2) shall be permitted: 1. One (1) on -premises identification or advertising monument sign not to exceed one (1) square foot per lineal foot of building frontage. Said sign shall not exceed 50 square feet per sign face and may be internally or externally lighted. 2. One (1) on -premises identification or advertising free-standing sign not to exceed one (1) square foot per lineal foot of building front- age. Said sign shall not exceed $O square feet per sign face and may be internally or externally lighted. 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 un- constitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall a in effect -'after its final passage, approval and publication as required by law. P ssed and approved this 6th. day of.Nosr, 84. MAYUK ATTEST: ).,lv ; 86980 November 14, 1984 ORDINANCE NO. 84-3210 AN ORDINANCE VACATING A PORTION OF THE MORMON TREK BOULEVARD RIGHT-OF-WAY LOCATED ON THE NORTH SIDE OF MORMON TREK BOULEVARD BETWEEN PLAEN VIEW DRIVE AND THE IOWA CITY CORPORATE LIMITS. 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: Parcel A, as legally described below: 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 42002'50" E, along said Northeasterly Right -of -Way line, 25.24 feet, to the Westerly Corner of Lot 49 of Ty'n Cae Subdivision Part 3, Iowa City, Iowa as Recorded in Plat book 24, at Page 18, of the Records of the Johnson County Recorder's Office, which is the Point of Beginning; thence S 42002'50" E, along said Northeasterly Right -of -Way line, 378.56 feet, to an Iron Right -of -Way Pin with Tablet found, which is 115 feet normally distant Northeasterly of Center- line Station 5119+00; thence S 32002'50" E, along said Northeasterly Right -of -Way line, 132.00 feet to an Iron Right -of -Way Pin with Tablet found, which is 110 feet normally distant Northeasterly of Center- line Station 5117+68.1; thence S 25055'20" E, along said Northeasterly Right -of -Way line, 0.49 feet, to a point on the South line of the Northeast Quarter, of the Northwest Quarter, of Section 20, Township 79 North, Range 6 West, of the 5th Principal Meridian, which is the Southwest Corner of Lot 41 of said T 'n Cae Subdivi- sion, Part 3; thence N 8910'37" W, along said South line of the Northeast Quarter, of the Northwest Quarter, of Section 20, 85.42 feet, to a point which is 40 feet normally distant Northeasterly of the Centerline of Mormon Trek Boulevard; thence N 34013'05" W, 458.38 feet, to a point which is 40 feet normally distant Northeasterly of Centerline Station 2ue Ord ce No. 84-3210 Page 5122+75; thence N 55046'55" E, along the extended Southeasterly line of Gryn Drive 23.44 feet, to the Point of Beginning. Said tract of land contains 0.60 acres more or less and is subject to the following described Drainageway Easement and all other easements and restrictions of record. Parcel B, as legally described below: Commencing at an Iron Right -of -Way Pin with Tablet, found at a point on the Northeasterly Right -of -Way of 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 is 40 feet normally distant Northeasterly of said Centerline Station 5123+00; thence N 34013'05" W, 25.00 feet, to a point on the North- westerly line of platted Gryn Drive in accordance with the Plat of Subdivision Recorded in Plat Book 24, at Page 18, of the Records of the Johnson County Re- corder's Office and which point is 40 feet normally distant Northeasterly of said Centerline of Mormon Trek Boulevard, and is the Point of Beginning; thence N 34013'05" W, 130.60 feet, to a point which is 40 feet normally distant Northeasterly of Centerline P.C. Station 5124+55.6; thence Northwesterly, 481.1 feet along a line 40 feet radially distant North- easterly 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 Northeasterly of Centerline P.T. Station 5129+43.6; thence N 24027'35" 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 38026'50" 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 Beginning. 2.41 Ord ice No. 84-3210 Pag_ _ Said tract of land contains 0.70 acres more or less, and is subject to easements and restrictions of record. SECTION II. The above-described parcels of aT nc will be subject to the easements and restrictions of record, and Parcel A shall be subject to a 50 foot wide drainageway easement as legally described below: 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 115 feet normally distant Northeasterly of Centerline Station 5119+00; thence S 32002'50" E, along said Northeasterly Right -of -Way line, 9.40 feet to a point on the Center- line of the existing 50 Foot Wide Drainageway Easement, as recorded in Plat Book 24, at Page 18, of the Records of the Johnson County Recorder's Office and which point is the Point of Beginning on a 50 Foot Wide Drainageway Easement the Centerline of which bears S 23040'53" W, 88.13 feet, to a point which is 40 feet normally distant Northeasterly of Center- line Station 5118+43.74. SECTION III. This ordinance shall be in full force and effect when published by law. SECTION IV. REPEALER: All ordinances and pars ot 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 andd this 6th. day of November, 1984 rz &� ATTEST: CITY CLERK 241 It was moved by Zuber and seconded by Ambrisco that the Or finance as reada and 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 10/9/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait, Zuber. Nays: None. Second consideration 10/23/84 Vote for passage: Ayes:McDonald, Zuber, Ambrisco, Baker, Dickson, Erdahl. Nays: None. Absent: Strait. Date published 11/14/84 91413. 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. 84-3210 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of November , 19 84 , all as the same appears of record in my office and published Tin Iowa City Press -Citizen on the 14th day of November , 1984 Dated at Iowa City, Iowa, this 26thday of November ,199_ Ramo a Parrott, Deputy City Clerk ao Printers fee SC2 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN 1, __ Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice. a printed copy of which is hereto attached, was published in said paper _ -- -_ time(s), on the fol- lowing date(s): / "'-CtUYSL�Gt� Cashier Subscribed and sworn to before me this 1�day ofA/,N�-- , A. D. Notary Public No. LS170 SHA..^.3V 3— �t OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 84-3Z10 Aw ORDINANCE VACATING A PORTION OF THE MORMON TREK BOULEVARD RIGHT -OF -MAY LOCATED ON THE NORTH SIDE OF MORMON TREK BOULEVARD BETWEEN PLAEN VIEW DRIVE AND THE IOWA CITY CORPORATE LIMITS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I: That the following -described r g -a -way in Iowa City, Iowa, is hereby vacated for use as a street: Parcel A, as legally described below: Cmmencing at an Iron .Right -of -Way Pin with Tablet, found at a point on the Northeasterly Right -of -Nay line of MGrnpn Trek Boulevard, which is 60 feet normally distant Northeasterly of Centerline Station 5123+00; thence S 42002150' E, along said Northeasterly Right:of-Way line, 25.24 feet, to the Westerly Corner of Lot 49 of Ty'n Coe Subdivision Part 3, Iowa City, Iowa as Recorded in Plat book 24, at Page 18, of the Records of the Johnson County Recorder's Office, which is the Point of Beginning; thence S 42002-50- E, along said Northeasterly Right -of -Way line, 378.56 feet to on Iron Right -of -Way Pin with Tablet found, which is 115 feet norloally distant Northeasterly of Center- line Station 5119+00; thence 5 32002050" EAlong said Northeasterly Right -of -Nay line, 112.00 feet to an Iron Right -of -Way Pin with Tablet ford, which is 110 feet noreally distant Northeasterly of Center- line Station 5117+68.1; thence S 25055-20- E. along said Northeasterly Right -of -Way 'line,. 0.49 feet, to a point on the South line of the Northeast Quarter, of the Northwest Quarter, of Section 20, Township 79 North, Range 6 West, of the 5th Principal Meridian, Mich is the Southwest Corner of Lot 41 of said Tyy'n Cae Subdivi- sion, Part 3; thence N 89a1D'37' N, along said South line of the Northeast Quarter, of the Northwest Quarter, of Section 2D, 85.42 feet, t0 a point Mich is 4D feet iwrmally distant Northeasterly of the Centerline of Mormon Trek Boulevard; thence N 34013'05' N, 458.38 feet, to a point which is 40 feet normally distant Northeasterly of Centerline Station 5122+75; thence N 55046'55" E. along the extended Southeasterly line of Oryn Drive 23.44 feet, to the Point of Bginning. Said tract of land contains OAA Acres sere or less and is subject +$a the following described Drainageway Easexnt and all other easements and restrictions of record. Parcel B, as legally described below: Commencing at on Iron Right -of -Nay Pin with Tablet, found at a point on the Northeasterly Right -of -Ya of Mormon Trek Boulevard, Mich is 60 feet normally distant Northeasterly of Centerline Station 5123+00; thence S 55046'55' W, 20 feet, to a point which 1s 40 feet normo lly distant Northeasterly of said Centerline Station 5123.00; thence N 34013'05' W, 25.00 feet, to a point on the North- westerly line of platted Gryn Drive in accordance with the Plat of Subdivision Recorded in Plat Book 24, at Page 18, of the Records of the Johnson County Re- corder's Office and Mich point is 40 feet normally distant Northeasterly of said Centerline mo of Morn Trek Boulevard, and I$ the Point of Beginning; thence N 34013'05' W. 130.60 feet, to a point Mich is 40 feet nornuilly distant Northeasterly of Centerline P.C. Station 5124+55.6; thence Northwesterly, 481.1 feet along a line 40 feet radially distant North- easterly 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 Northeasterly of Centerline P.T. Station 5129-43.6; thence N 24027'35" N, 56.4 feet i to an Iron Right -of -Nay Pin with Tablet, found on said Northeasterly Right -of -Nay line of Monson Trek Boulevard, which is 40 feet normally distant Northeasterly of Centerline Station 5130.00; thence S 38026'50" E. along said Northeasterly Right -of -Way line, 387.40 feet, to an Iron Right -of -Way Pin with Tablet found, which' 1s 115 feet radially distant Northeasterly of Centerline Station 5126+10; thence S 23013'5D" 'E, along said Northeasterly Right -of -Way line, 283.93 feet, to a paint on said Northwesterly Right -of -May line of Platted Oryn Drive; thence S 55046'55' W, 24,35 foot, to the Point dfScginning. Said ,tract of lend o0ntains 0.70 acres acre K`less. nd is }object to easements'' and eeatrictioei of ad. SECTIBM 11. iNi scribed parcels o—f-T. w 6e ! to the easements and restrictions d, and Parcel A shall be subject i,yt��a50 foot wide drainageway easement as %wally described below: Commencing at An Iron Right -of -Vey Pin with Tablet fOurM at a point on the Northeasterly R1ght-of-Way line of Mormon Trek Boulevard, which is 115 feet normally distant Northeasterly of Centerline Station 5119+00; thence S 32002'50' E. along said Northeasterly Right -of -Way line, 9.40 feet to a point on the Center- line of the existing 50 Foot Wide Orainageway Easement, as recorded in Plat Book 24, at Page 19, of the Records of the Johnson County Recorder's Office and Mich Point is the Point of Beginning on a 50.. Foot Nide 0rainageway Easement the Centerline of Mich bears $ 23040'53' N, 88.13 feet, to a point Mich is AD feet normally distant Northeasterly of Center- line Station 5118+43.74. SECTION III. This ordinance shall bt in Taff force and effect when published by law. SECTION IV. REPEALER: All ordinances rid parts o. ordIndlices to conflict with Me provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or part of Me Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect the validity of the Ordinance as a Mole or any section, provision or part thereof not adjudged invalid or woc onstitutional. SECTION VI. EFFECTIVE DATE: This Ordi- nance shall o in effect a ter its final passage, approval and publication as required by law. Passed andproved this 6th. day of - Novcmixr, 198 MAYOR ATTEST: lk-- ;— J s " L TY CLERK 86919 November ltl, 1984 ORDINANCE NO. S4 -- AN ORDINANCE OF THE CITY COUNCIL OF IOWA CITY AND THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, ADOPTED UNDER THE PROVI- SIONS OF CHAPTER 329 OF THE IOWA CODE, ADOPTING ZONING REGULATIONS FOR THE PREVENTION OF HAZARDS AND INCOMPATIBLE USES SURROUNDING THE IOWA CITY MUNICIPAL AIRPORT. BE IT ORDAINED BY THE CITY OF IOWA CITY AND BY JOHNSON COUNTY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance, to Te—known as the Johnson County/Iowa City Airport Zoning Ordinance, or the Airport Zoning Ordinance, is to exercise to the fullest extent possible the powers granted to muncipalities under Chapter 329 of the Code of Iowa (1983) relating to the restriction of airport hazards in the vicinity of airports by establishing airport overlay zones in which airport hazards and incompatible uses are prohibited. SECTION II. FINDINGS. The City Council of Iowa City an a oard of Supervisors of Johnson County find that airport hazards and incompatible uses would endanger the lives and property of users of the Iowa City Municipal Airport, and occupants of land and other persons in its vicinity, and also would tend to destroy or impair the utility of the airport and the public investment therein; accord- ingly, each municipality does hereby declare that: (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury to those served by the airport; (b) It is necessary in the interest of the public health, safety, and general welfare that creation of airport hazards and the establish- ment of incompatible uses of land be prevented, and that this be accom- plished, to the extent legally possible, by proper exercise of the police power; (c) The prevention of the creation or establishment of airport hazards and incompatible uses, and the elimina- 7-2-S4 )UU Ord' ce No. 84-32-11 Page tion, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which a municipality may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests therein; (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are not considered compatible with airport operations; (e) It is highly desirable that there be no structures or natural objects or traverseways within the airport clear zones; and (f) Neither municipality shall become liable for the expenditure of its public funds unless such expenditure shall have been approved in advance by its governing body. SECTION III. DEFINITIONS. The following definitions only apply in the interpreta- tion and enforcement of the airport overlay zones. (a) Airport. The Iowa City Municipal Airport. (b) Airport elevation. The highest point of the airport's usable landing area measured in feet above mean sea level, which elevation is established to be 661 feet. (c) Airport hazard. Any structure, tree or use of land which would exceed the Federal obstruction standards as contained in Part 77 -Subpart C of the Code of Federal Regulations, as revised March 4, 1972 (the "Federal Aviation Regulations" or "FAR"), and which obstructs the airspace required for the flight of aircraft and landing or takeoff at the airport or is otherwise hazardous to such landing or taking off of aircraft. (d)Airport Layout Plan. A drawing in the Airport Master Plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. The Airport Layout Plan is a component part of the Master Plan. 0146' Ord ce No. 84-3211 Page 3 (e) .Airport Master Plan. ; A comprehen- sive pan for evelopment of the airport over a 20 year time period. The, Master Plan includes among other things, aviation activity fore- casts, determinations of needed airport facilities; a financial plan and proposed time schedule for developing facilities included in the Master Plan, and recommendations for use of land on and adjacent to the airport. (f) Airport Overlay Zoning Map. The Charts or maps of the Iowa City Municipal Airport upon which the airport overlay zones are depicted. Copies of such map are on file in the office of the City Clerk of Iowa City, and in the office of the Johnson County Auditor. (g) Airport grimary surface. A surface longitudinally centered on a runway which extends 200 feet beyond the end of a runway. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (h) Airspace height. For the purpose of e ermining the height limits in all zones set forth herein and shown on the Airport Overlay Zoning Map, the datum shall be mean sea level elevation unless otherwise speci- fied. (i) Inner edge. The inner boundary of an approach or clear zone which is located 200 feet out from the physical end of a paved runway (except as otherwise noted). This inner edge is perpendicular to the runway center line. (j) Instrument runway. A runway with an existing instrument approach proce- dure or for which an instrument approach procedure has been approved or planned. Ord ice No. 84-32IJ Page 4 (k) Light lane. An area on the approach end of a runway reserved for the installation of light bars to reduce landing minimums on instrument approaches. Usually 400 feet by 1600 feet with a slope of 50 to 1. (1) Minimum descent altitude. The lowest altitude, expresse in feet above mean sea level, to which descent is authorized on final approach or during circle -to -land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided. (m) Minimum enroute altitude. The altitude in effect a ween radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance require- ments between those fixes. a (n) Minimum obstruction clearance altitude. The specified altitude in e ec etween radio fixes on VOR airways, off -airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage within twenty-two (22) miles of a VOR. (o) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (p) Visual runway. A runway intended solely for the operation of aircraft using visual approach precedures with no straight -in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan or on any planning document submitted to the Federal Aviation Administration (FAA) by competent authority. SECTION IV. AIRPORT ZONES AND AIR -SPACE LIMITATIONS.HEIGHT n or er o carry out the provisions of this Section, there are hereby created and established certain zones which are depicted on the Airport Overlay Zoning Map. A structure located in more than one (1) zone of the following zones is considered to be only in the zone with the more restrictive height limita- tion. The various zones are hereby established and defined as follows: K%t Ord ce No. 84 -3211 - Page o (a) Horizontal Overlay (OH) Zone. (1) Defined. The land lying -under a horizontal plane 150 feet above the established airport eleva- tion, the perimeter of which is constructed by swinging arcs of 10,000 foot radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. (NOTE: The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000 foot arc is encompassed by tangents connect- ing two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the con- struction of the perimeter of the horizontal surface.) (2) Height limitation. No struc- ture shall exceed 150 feet above the established airport eleva- tion in the OH Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OH Zone. (b) Conical Overlay (OC) Zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface of the OH zone at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (2) Height limitation. No structure shall penetrate the conical surface in the OC Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OC Zone; (c) Approach Overlay (OA) Zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway center- line and extending outward and 51 Ord ce No. 84-3211 PagL .. upward from each end of the primary surface. (NOTE: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) a. The inner edge of the approach surface is: 1. 500 feet wide for runways 12, 17, 30 and 35. 2. 1000 feet wide for runways 6 and 24 (the inner edge for runway 6 is 1200 feet from the existing pavement). b. The outer edge of the approach surface is: 1. 1,500 feet wide for runways 12 and 17. 2. 3,500 feet wide for runways 6, 30 and 35. 3. 4,000 feet wide for runway 24. c. The approach surface zone extends for a horizontal distance of: 1. 5,000 feet at a slope of 20 to 1 for runways 12 and 17. 2. 10,000 feet at a slope of 34 to 1 for runways 6, 24, 30 and 35. d. The light lane for runway 24 is 400 feet wide beginning at a point 490 feet south- westerly on the runway centerline from the center of the end of the existing runway pavement (including any and all paved safety areas). Extending for a horizontal distance of 1600 feet northeasterly at a slope of 50 to 1. (2) Height limitation. No structure shall penetrate the approach surface- in the OA Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA Zone. 049 Ord ce No. 84-3211 Page i (d), Clear Overlay (OCL) Zone. (1) Defined. The land lying under a surface longitudinally centered on the runway centerline or extension thereof and described as follows: a. Runway 6 - 1000 feet wide beginning at a point 200 feet from the edge of the existing runway on the extended runway centerline for a horizontal distance of 1000 feet; thence widening uniformly to a width of 1425 feet at a distance of 2700 feet from the point of beginning. b. Runways 12 and 17 - 500 feet wide at the inner edge of the OA Zone; thence widening uniformly to a width of 700 feet a distance of 1000 feet from the inner edge. c. Runway 24 - 1000 feet wide beginning at a point 490 feet southwesterly on the runway centerline from the center of the end of the existing runway pavement (including any and all paved safety areas); thence widening uniformly to a width of 1510 feet at a distance of 1700 feet northeasterly on the extended runway centerline from the point of beginning; thence, at a distance of 1700 feet northeasterly from the point of beginning the width shall be 813 feet wide and widening uniformly to a width of 1010 feet wide at a distance of 2390 feet northeasterly on the extended runway centerline from the point of begin- ning. tl. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone; thence widening uniformly to a width of 1010 feet at a distance of 1700 feet from the inner edge. Ordi a No. 84-3211 Page tt (2) Height limitation. No structure shall. penetrate the clear surface of the OCL Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitations. No use shall be permitted in the OCL Zone in which there is con- nected therewith a building which according to the 1982 edition of the Uniform Building Code, has an occupancy rating of 50 square feet of floor area per person or less. In addition, the following uses shall not be permitted: (a) Campgrounds. (b) Fairgrounds. (c) Hospitals and institutions. (d) Motels and hotels. (e) Nursing and custodial home. (f) Residential uses. (g) Restaurants and similar eating and drinking establishments. (h) Sanitary landfills. (i) Schools, including nur- series, pre -kindergartens and kindergartens. (j) Stadiums. (k) Storage of fuel or other hazardous materials. (1) Theaters. (e) Transitional Overlay (OT) Zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces to the intersection with the Horizontal Overlay (OH) Zone. (2) Height limitation. No structure shall penetrate the transitional surface of the OT Zone, as _ depicted on the Airport Overlay Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. T4 Ord ce No. 84-3211 Page. SECTION V. USE RESTRICTIONS. In addition o the above res ric ions on land, the following special requirements shall apply. (a) Any person who proposes any develop- ment of a height greater than an imaginary surface extending outward and upward at the slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four copies) of.FAA Form 7460-1, Notice of Proposed Construction or Alteration shall be sent to the Chief, Air Traffic Division, of•the FAA Regional Office in Kansas City, Missouri, one copy to the Iowa City Airport Commission, and one copy to the Johnson County/Iowa City Airport Zoning Commission. (Copies of FAA Form 7460-1 may be obtained from the FAA. See Federal Aviation Regula- tions, Section 77.13.) EXCEPTION: No person is required to notify the FAA Adminis- trator of the construction or alteration of any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation. (See Federal Aviation Regulations sec. 77.15.) It shall be the responsibil- ity of the appropriate Building Official, prior ,to issuance of a building permit for such object, to determine whether or not the shield- ing satisfies the foregoing require- ments. (b) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any struc- ture be erected that causes the a5a Ord ce No. 84-3211 Page iu minimum obstruction clearance altitude or minimum enroute altitude to be increased. (c) Li htin . lighting or illumination used in conjunction with streets, parking, signs or other use of land and structures shall be arranged and operated in such a manner that it is not mislead- ing or dangerous to aircraft operating from the Airport or in the vicinity thereof. (2) The owner of any structure over 200 feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460 and amendments. (3) Any permit or variance granted by the Airport Board of Adjust- ment may be so conditioned as to require the owner of the structure or growth in question to permit the City or the Iowa City Airport Commission to install, operate and maintain thereon such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (d) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. SECTION VI. NON -CONFORMITIES. A. DEFINED - Any structure or portion thereof which does not conform to the provisions of this Ordinance relative to height, and any use which is not allowed within the Airport Overlay Zone in which it is located by reason of the adoption of Iowa City Ordinance Nos. 83-3133 and 83-3160, or this Ordinance, or subsequent amendments thereto, is non -conforming. B. REGULATIONS NOT RETROACTIVE - The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or tree not conforming to the regulations A53 Ord ce No. 84-3211 Page 11 as of the effective date of this Ordinance, or to otherwise interfere with the continuance of any non -conforming use. However, no pre-existing non -conforming structure, tree, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or be replanted, so as to constitute a greater airport hazard than it was when these regulations were adopted. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this Ordinance and is completed within one (1) year thereafter. C. MARKING AND LIGHTING - Notwithstanding the preceding provision of this section, the owner of any non -conforming structure or tree is hereby required to permit the instal- lation, operation, and maintenance thereon of such markers and lights as shall be necessary to indicate to the operator of aircraft in the vicinity of the Airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Iowa City Airport Commission. SECTION VII. AIRPORT ZONING COMMISSION. A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The Airport Zoning Commission shall consist of five members, two of whom shall be appointed by the Board of Supervisors of Johnson County and two of whom shall be selected by the City Council of the City of Iowa City, Iowa, and one additional member to act as Chairman, who shall be selected by a majority vote of the members selected by the Board of Supervisors and City Council. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. As required by Section 329.9 of the Iowa Code, such Airport Zoning Commission shall follow the procedures provided in Sections 414.4 and 414.6 of the Iowa Code. SECTION VIII. BOARD OF ADJUSTMENT. An Airport Board of Adjustment Boar °) is hereby established as follows: Z4 Ord ce No, 84-3211 Pagt L& The Board shall consist of five members, two of whom shall be appointed by the Board of Supervisors of Johnson County and two of whom shall be appointed by the City Council of Iowa City, and one additional member to act as Chairman who shall be selected by a majority vote of the members selected by the Board of Supervisors and City Council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such Board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. SECTION IX. SPECIAL EXCEPTIONS. a e height and use limitations contained in the Airport Overlay Zones may be modified by special exception granted by the Airport Board of Adjustment. However, no such special exception shall be granted unless the Board finds, based upon written advice from the Federal Aviation Administration, and the Aeronautics Division of the Iowa Department of Transportation, that - (1) In an application to permit any structure, tree, or use of land to exceed the height or use limitations of the Airport Overlay Zones, that such structure, tree, or use of land, would not obstruct landing and take -off of aircraft at the Airport. (2) In an application to permit a use of land otherwise prohibited herein, that such use would not be incompatible with airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the Board, file the required written advice of the Federal Aviation Adminstration, and the Aeronautics Division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the Board until such advice has been filed. 9155 Ord ce No. 84-3211 Pagc as SECTION X. VARIANCES. Any person desiring to erect, or increase the height, of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would constitute a viola'- tion iola=tion of these regulations, may apply to the Board for a variance from these regulations. Such variances shall be allowed only where a literal application or enforcement of these regulations would result in unnecessary hardship, and the relief granted would not be contrary to the public interest, but would do substan- tial justice and be in accordance with the spirit of these regulations and of Chapter 329 of the Iowa Code; provided however, any such variance may be allowed subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of Chapter 329 of the Iowa Code, including but not limited to the follow- ing: Any such variance shall be subject to a requirement that the person request- ing the variance, at such person's own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport hazard; and The reservation of the right of the City of Iowa City and the Iowa City Airport Commission, at their own expense, to go onto the permittee's property to install, operate, and maintain thereon such markers and lights as may be nec- essary to indicate to operators of aircraft the presence of an airport hazard. Any appeal from the decision of the Board of Adjustment shall be in accordance with the provisions of Section 414.15 et �segg of the Iowa Code. SECTION XI. ADMINISTRATION AND ENFORCE - rani. ine aaministration or these zoning tRegulations shall be performed by the appropriate county or city building official, as the case may be. Enforcement of these Zoning Regulations shall be the responsibility of the Iowa City Airport Commission, or through such persons or representatives as the Iowa City Airport -Commission may from time to time direct. However, as provided by Section 329.13 of the Iowa Code, such duties of enforcement ase Ord ce No. 84-3211 Pagt &� and administration shall not include any of the powers herein delegated to the Board of Adjustment. SECTION XII. EQUITABLE REMEDIES. The City of Iowa City or the Iowa i y Airport Commission may, as authorized by Section 329.5 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation or establishment of an airport hazard pertaining to the Iowa City Municipal Airport in violation of these regulations for any area, whether within or without the territorial limits of the City of Iowa City. SECTION XIII. CONFLICTING REGULATIONS. In the event of any conflict a ween t ese Airport Zoning Regulations and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirements shall govern or prevail. SECTION XIV. PROHIBITED ACTS. It shall be unlawful for any person to do any of the acts hereinafter stated unless a special exception or variance from the provisions of these regulations shall have been allowed by the Board of Adjustment: 1. No person shall erect or increase the height of any structure, or permit the growth of any tree, to a height in excess of that provided by of these regulations for the zone or area where such act occurs. 2. No person shall hereafter place, or cause to be placed, above ground, transmission or distribution lines or poles or other structures supporting the same within 200 feet of the outer boundary of the airport as said boundary is shown on the Airport Overlay Zoning Map, 3. No person shall otherwise use property within a zone established by these regulations in violation of the use restrictions of these regulations, or in such a manner as to create an airport hazard as defined herein. SECTION XV. PENALTIES. Each violation of these regulations shall constitute a misdemeanor and the perpetrator thereof, upon conviction, shall be punished by a fine of not more than $100 or by imprison - 257 Ori nce No. &4--,'I1 Payer .5 ment for not more than 30 days. Each day a violation occurs or continues to exist shall constitute a separate offense. SECTION XVI. REPEALER. All ordinances and parts o or finances in conflict with the provision of this ordinance are hereby repealed. Sections 36-38 through 36-43 of the Iowa City Code of Ordinances are also repealed hereby. SECTION XVII. SEVERABILITY. If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or un- constitutional. SECTION XVIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage by both the Board of Supervisors of Johnson County and the City Council of Iowa City, approval and publication as required by law. Passed and approved by the City Council of Iowa City, Iowa, this 6th. day of 19,B4. �.4� � YOR ATTEST: CITY CLERK Passed and approved by the Board of Supervisors of Johnson County, Iowa, this "th ATTEST: JOHNSON COUNTY AUDITOR bUb Ordini No. 84-3211 Page 16 It was moved by Ambrisco and seconded by Dickson that the Ordinance as read be adopted by the City Council of Iowa City and upon roll call vote there were: AYES: NAYS ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber First consideration 10/11/84 Yote for ppassage• Ayes: Ambrisco, Dickson, McDonald, Strait. Nays: Zuber. Absent: Baker, Erdahl. Second consideration: 10/23/84 Vote for passage : Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: None. Absent: Strait. Date published 11/14/84 It was moved by Myers and seconded by Ockenfels that the Ordinance as read be adopted by the Johnson County Board of Sup�ors, and upon roll call there were: AYES: NAYS: ABSENT: X Donnelly X Langenberg X *Ars X Ockenfels X Sehr First consideration 10/11/84 Vote for passage: Ayes: Donnell yy, Langenberg, Myers, gcJ enfels. SecoNd: consirderation: 10/25/84 Vote for passage: Ayes: Donnelly, Langenberg, Myers, Ockenfels. Nays: Sehr. Date published Q1 CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No.84-3211 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of November , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 14th day of November , 1984 Dated at Iowa City, Iowa, this 26thday of November ,19_M_ Ramo a Parrott, Deputy City Clerk Printers fee $.R aF CERTIFICATEOF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published' in said county, and that a notice, a printed copy of which is hereto atta hed, was published in said papertime(s), on the fol- lowing date(s): , r / Cashier Subscribed and sworn to before me thisR3/--4day of_Z_4/&V__ , A.D. Notary Public No.ILL5-7 F0 a C OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. ....... AN ORDINANCE OF THE CITY COUNCIL OF IOWA CITY AND THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, ADOPTED UNDER THE PROVI- SIONS OF CHAPTER 329 OF THE IOWA' CODE, ADOPTING 20NING REGULATIONS. FOR THE PREVENTION OF HAZARDS AND INCOMPATIBLE USES SURROUNDING THE IOWA CITY MUNICIPAL AIRPORT. (f) Neither municipality shall became liable for the expemdlture of its public funds unless such expenditure shall -have been approved in advance' BE IT ORDAINED BY THE CITY OF IOWA CITY (b) AND BY JOHNSON COUNTY, IOWA: XMTIUN I. PURPOSE. The purpose of thi or mance, o e mown as the Johns. County/Iowa City Airport Zoning Ordinance or the Airport Zoning Ordinance, is t exercise to the fullest extent Possibl the uncle Chapter 329rs O f t the Code co%a�Iowa ities (1983 relating to the restriction of airpor hazards to the vicinity of airports b; establishing airport overlay zones 1n Mich airport hazards and incompatibl uses are prohibited. .SECTION II. FINDINGS. The 'City Council a ora y a e and of Supervisor of Johnson County find that airport •'hazards and incompatible uses would I endanger the lives and property of users of the Iowa City Municipal Airport, ane Occupants. of land and other persons in 1t vicinity, and Also Would tend to destroy or impair the utility of the airport and the public investment therein; accord- ingly, each municipality does hereby declare that: (a) The creation or establ lshment of an airport hazard is a public nuisance rousing potential injury to those served by the airport; I (b) It is necessary in the interest of the public health, safety, and general welfare that creation of airport hazards and the establish- ment of incompatible uses of land be prevented, and that this be accar pl IShed, to the extent legally possible, by proper exercise of the police .power; (c) The prevention of the creation or establishment of airport hazards and incompatible useF, and the elimina- tion, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which. a municipality may. raise. and expend public funds, as an incident to the operation of the airport,. to acquire land or property. interests therein;, 1(dt Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are not considered compatible with airport operations; (e) It is highly desirable that there be no structures or natural objects or traverseways within the airport clear Innes; and (c) UtHNITIONS. The following OnTY app Y n the. Interpreta. enforcement of the airport art. The lora City Municipal 'port. ort elevation, The highest point tea ry0r s usable landing area sured in feet above mean tea el. Mich elevation is established be 661 feet. Ort hazard. Any structure, tree use o. anwhich would exceed the oral obstruction standards as tamed in Part 77 -Subpart C of MicA obstructs the airspace required - for the flight of aircraft and " landing or takeoff at the airport or is otherwise hazardous to such Supervisors landing or taking off of aircraft. (d) Air rt La out Plan, A drawing in e rpor s er Plan d"ictimn s and facilities including tut not limited to runways, taxiways, aprons. buildings and -clear zones. The Airport Layout Plan is a e mponem, part Of the,Master Plan. i (e). Alroort Mester Plan. A comprehen- sive plan p— iIr Selopment of the airport over a 20 year time period. The Master Plan includes among other things, aviation activity fore- I casts, determinations of needed .airport facilities, a financial plan and proposed time schedule for developing facilities included in the Master Plan, and recommendations for use of land on and Adjacent to the airport. (f) Air or Overla tonin Map The c or S ormaps 0 e Owa City Municlpal Airport upon Mlch the airport overlay zones are depicted, Copies Of such map are on file in the office of the City Clerk of Iowa City, and in the office of the Johnson County Auditor, -(gl -AC art I—y svrtace, m surra.e Onq u na y Can -red on a runway which extend 200 feet beyond the end of a runway. The width of the primary surface of arunway shall be that width prescribed 1n Part 77 of the Federal Aviation Regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point an the primary surface is the same of the elevation of the nearest point. on the runway centerline. (h) Airs ace het ht. For the purpose of coca n no a height limits in all zones set forth herein and show an the Airport Overlay Zoning Map, the datum 'shall be mean see level elevation unless otherwise speci- fied. (1J Inner edge. The Inner boundary of an approach or clear zone which- is located 200 feet out from the physical end of A paved runway (except as otherwise noted). This inner edge is perpendicular to the runway center line. qj Instrument ru_way. A runway with an ax stint g instrument approach proce- dure or for which an Instrument approach procedure hes been approved or planned. I (kl Li h___g t lane, An area on the approach i end o a runway reserved for the installation of light bars to reduce landing minimums an instrument approaches. Usually 400 feet by 1600 feet with a slope of 50 to I. (7) Minimum descent altitude. The lowest a u e, exPresse n feet above mean sea level. to .hirh w...... i. I a.crawizeo an final approach or during circle -to -land maneuvering in execution Of A standard instrument approach procedure and Mere no electronic glide slope is Provided, (m) Minimum enroute altitude. The radio fixes Which re navigatlonailsignalcoverage and meets obstruction clearance require- ments between those fixes. (n) Minimum obstruction el earanr. (­­ weLwcen i fixes m airways, off -airway routes. or route , ' segments which meets obstruction• clearance requirements for the "tire route segment and Mich assures Acceptable navigational signvuuA(ps,n2(5jofaNa.21 - poajk - ;ueaZ'ISOd 11032UMem ag,L '7aulgEo ala Pun Lies 'SEL7IOM Y. ATRPoRT`ZOMES'AIM -ATR-$FACE t r �01S'ln or er w carry ou , I -pray f ens o this Section, there are hereby created and established certain zones which are depicted on the Airport f Overlay Zoning Nap- A structure located in were than orte (1) zone of the following zones is considered to be .only in the zone with the more restrictive height limita- tion. The various zones are hereby established and defined as. follows: (a) Horizontal Overlay (ON) Zone. (1) Defined, The land lyingunder a horizontal plane 150 feet above the established airport 'eleva- tion, the perimeter of which is constructed by swinging arcs of 10,000 foot radii from the center of each .end of the primary surface of each runway t and connecting the adjacent arcs by lines tangent to these arcs. II (NOTE: The radius of the I arc 'specified for .each end of a runway. will have the same arithmetical value. That value will be the highest determined for either and of the runway. When a 5,000 foot arc is 1 encompassed by tangents connect - 1 ingtwoadjacent 10.000 fact arcs, the 5,000 foot arc Shall be disregarded on the con- struction of the perimeter of the horizontalsurface.) (2). Height limitation.. No struc- ture shall exceed 150 feet above 1 the established airport eleva- tionin the ON Zone, as depicted on the Airport Overlay Zoning Nap. (3) Use limitation, Sanitary landfills shalt not be permitted in the ON Zone. (b) Conical Overlay (DC). Zone. (1) Defined. The land lying under a surfaceextending outward and upward from the periphery of the horizontal surface of the ON , zone at_a slope of 20. to 1 for a I horizontal • distance of 4,000 feet.i (2) Height limitation. No structure '• shall penetrate the conical surface in the OC Zone, as depicted an the Airport Overlay Zoning Map. (3) Use limitation. Sanitary ` landfills shall not be permitted in the OC Zone. (c) Approach Overlay (OA) Zone, (1) Defined. The land 1 ing under a surface longitudinally centered' on the extended runway center- line and extending outward and ! upward from each end of .the , .primary surface. (NOTE: An 1 approach surface is applied to ' each end of each runway based upon the type of approach ! available or planned for that runway end.) ° a. The inner edge of the approach surface is: ' 1 1. 500 feetwide for !� runways 12, 17, 30 and 35. { 2. 1000 feet wide for runways 6 and 24 (the inner edge for runway 6 Is 1200 feet frauthe existing pavement). b. The, outer edge of the approach surface is: 1. •1,500 .fret wide for ! runways{{�� and 17. 2. 3,500 feet wide for runways 6, 30: and 35. 3. 4,00b feet wide for runway 24. c. The approach surface zone extends for a horizontal distance of: -- I. 5,000feet at a slope of 1700 feet northeasterly frae. the point of beginning the width shall be 013 feet wide ! and widening oniformly to a width of 1010 feet ode at a distance of 2390 feet northeasterlyon the extendedrunway centerline from the .point of begin- ning. d. Runways 30 and 35 - 500 feet wide at the inner edgeof the,DA Zone; thence widening uniformly to a width of 1010. feet at a distance of 1700. feet from the inner edge. (2) Height limitation, No structure shall penetrate the clear surface of the OCL .Zone, as depicted on the Airport Overlay Zoning. Map. (3) Use limitations.. Nouse shall: be, permitted in the OCL Zone in vbich there is con- nected- therewith a building Iwhich according to the 1982 edition of the Uniform Building + Code, has an occupancy rating of 50 square foot of floor area Per person or less. In addition, the. following uses shall not be Lots ane institutions, s and hotels. ng and custodial hare. ential uses. urants and similar g and drinking (j) Stadiums. k) Storage of fuel Or other hazardous materials.. (1) Theaters. I (e) Transitional Overlay (OT) Zone. (1) Defined. The land lying under those surfaces extending outward. and upward at right .angles to the runway centerline and the runway centerline extended at a slope of Ito I from the sides of the .primary surfaceand from the sides of the 'approach surfaces to the intersection with the Horizontal Overlay (OH) Zone. (2) Height limitation. No structure shall 'penetrate'. the transitional surface of the OT Zone, as depicted on the airport Overlay Zoning Map. (3), Use limitation. Sanitary landfills shall not be. permitted in the OT Zone. SECTiOMY. :USE'. RESTRICTIONS. In addition a e a eve red r cTions on land, the following special - requirements shall apply. (a) Any person whoproposes any develop- ment of a height greater than an imaginary surface extending outward and upward at the slope of 100 to 1, for a horizontal distance of 20,000 feet from the nearest point of the nearest runwayshall notify the Federal Aviation Administration (FAA), One executed form set (four copies) of FAA form 7460-1, Notide of Proposed Construction or Alteration shall be sent to the Chief, Air Traffic Division, of the FM Regional' Office in Kansas City, Hissourt, one. copy' to the Iowa City Airport Commission, and one copy to the Johnson County/Iowa City Airport Zoning Commission. (Copies of FAA Form 7460-1 may be obtained Iron the c or cne const alteration of any object be shielded by existing s a permanent andsubstapti or by natural terrain or features of equal or gre and would be located in t person is FAA Adminis- i _a , ns,........ sec. 77.15.). It shall be the responsibil- I Sty of the appropriate -,Building I Official, prior to issuance of A ( building permit for such object, to determine whether or not the shield ' ing .satisfies the foregoing require- ments. '(b) No .structure shall beerected that t raises the .published minimum descent ! altitude for an .instrument approach to 't ! struc- ture nberuerectednor thatshall causes the I minimum obstruction clearance altitudeor minimum enroute altitude Sy- FICIAL 9 y � s� 3 FICIAL PUBLICATION a majority vote of the members , sna U' oe as provided I the (owe Cada As r 329.9 of the Iowa Zoning Commission s procedures provided in 414.6 of the 'Iowa Code, SECTION VIII. BOARD i Airport Heard Of AOjU! hereby established as 1 The: Board shall members, two of whom %I the Board of Supervise, and two of -whom shall is five d by shall be selected by a majority vote'of the cambers selected by the Board of Supervisors and City Council The terns Of such members shall be. as 'provided in section 329.12. of the Iowa Code. Stich Board shall have the powers and duties, and shall follow the procedures, provilled by sections 329.11 and 329.12 of the 1pwa Code. may be modified by special ion granted by the Airport of :Adjustment. However, no special exception shall be d unless the Board finds, based ritten advice from the Federal on Administration, and -the utics -Division of the Iowa meet of Tr..xnnef }Inn. fhwt . cion eo permit -any se, or use of land to height or use of the Airoart scruc%ure, tree, or use at land,. would not obstruct landing andtake-off of aircraft at the ,Airport. (2) In an application to permit a use of land otherwiseprohibited herein, that such use would not be Incompatible, with airport operations. (b) An applicant for a am loll exception hereunder shall, as part of the application submitted to the Board, file the required written advice of the Federal Aviation Adminstration, and the Aeronautics Division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the Board until such advice has .been filed.. SECTION Z. VARIANCES. Any person es r ftg, o.erec , or ncrease the height, of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would constitute a vigla= tion of these regulations, may apply tc the. Board for a variance fromthese regulations, Such variances shall be allowed only where a literal application or enforcement of these regulations would result to unnecessary hardship, and the .relief granted would not be contrary to the public interest, but would do substan- ttal justice and be in .accordance with IN spirit of these regulationsand of Chapter .329 of the. Iowa Cede; provided- however. any such variance maybe allowed subject to any reasonable .conditions that the Board may deem .necessary to effectuate the purposew' of Chapter 329 of the Iowa Code, including. but not limited to .the follow- ing;- Any such, variance shall be subject to a requirement that the person request- ing the variance, at such person's own expense, install, operate, and maintain thereon such porkers and lights as my be necessary to intlicateto operators of aircraft the presence of an airport hazard; and The reservation of the right of the City of Iowa City and the Iowa City Airport. Commission,at their Own expense, to go. onto the permitted':s property to install, operate, .and .maintain thereon such markers and lights as may be nec- essary to Indicate to operators of aircraft. thepresence of an airport hazard. Any appeal from the decision Of the Board: of Adjustment shall be im accordance with the provisions of Section .414.15 11 appropriate county, Or city building , official,. as the case may be. Enforcement of these Zoning Regulations shall be She responsibility of the.:Iaw& City Airport Commission, or through such persons -or representatives as the Iowa City Airport Commission may from time to time direct. ; However, as provided by Section 329.13 of the Iowa Code, such duties of enforcement and 'administration shall not include Any of the powers herein delegated to the Board' of Adjustment. SECTION XII.. EQUITABLE' REMEDIES. j.The (c) Lighting.329. (1).,.A]I lighting or illumination in f / 'Lied in conjunction with suis r•" `greets, parking, signs or other n a of -land and structures ^shall City I n may, as authorized by Section the Iowa Code, maintain an action V to restrainand abate as a the creation or establishment of 1 (2) The owner of any structure over i 200 feet above ground level + shall install on the structure lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460" and amendments. (3) Any permit or variance granted by the Airport Board of Adjust- ment may be soconditioned as to require the owner of the + structure or growth in question to permit, the City or the Iowa City Airport Commission to ' Install, operate and. maintain thereon such markers ar lights as may be necessary to indicate to pilots the presence of an airspace hazard. !(d) No operations frost my use shall produce electronic interference with i navigation signals or radio .communication between the airport and aircraft. SECTIDN VI. NON -CONFORMITIES. OFF "ED- Any Structure or portion thereof which does not conform to the provisions of this Ordinance relative to height, and any use which is not all Owed within the Airport Overlay Zone in Muchit is located by reason i of the adoption. of Iowa City Ordinance r Mos. 83-3133 and 83-3160, or this Ordinance or subsequent amendments thereto, ;s non -conforming. 8. REGULATIONS NOT RETROACTIVE The regulations prescribed herein shall. not be construed to require the. removal, lowering, or other change. to or alteration of any structure or tree not conforming to the.. regulations as of the effective dateof this I Ordinance, or to otherwise interfere with the continuance of I any non -conforming use. However:, no pre-existing non -conforming structure, y tree, or use shall be replaced, i rebuilt, altered, or allowed to grow higher, or be replanted, so as. to 1 constitute a greater airport hazard than it was when these regulations were. -adopted. Nothing contained herein shall require any change in the construction, alteration, or Intended use of any structure, construction or alteration of which was begunprior to the effective date of this Ordinance and iscompletedwithin. one. (1) year thereafter. C. MARKING AND LIGHTING - Notwithstanding the preceding provision of this section, the miner of any non -conforming Structure or tree is hereby required to permitthe. Instal- lation, operation, and maintenance thereon of such markers and lights az shall be necessary to indicate to the operator of aircraft to the vicialtY of the Airport, the presence of 'such airpdrt hazards.. Such markers and lights shall be installed, operated, and maintainedat the expease of the Iowa City Airport. Camels, on. SECTION VII. AIRPORT ZONING COMMISSION, A o neon County,iawa y�rpor zoning Come shall be provided as follows: The Airport Zoning Commission shall consist of five members, to of who shall be appointed by the Board, of Supervisors Of JGM:on CeuntY and two of who shall. be selected by the City Council of the city Iowa Of IoCity, Iowa, and ode additional mmOer to act as Chairman, who shall be s e erenc ar any conTI1Ct between these Airport Zoning Regulations and any other regulations applicable to the same area, whether the conflict be with respectto the heiTqht of structures or trees, the. use Of lam . or any other matter, the more stringent limitation or requirements shall govern or prevail. .SECTION IIV, PRORIBiTED ACTS. It shall e un aw u ar any Dersan o do any of the acts hereinafter stated It a special exception or variance from `the Provisions of these regulations shall. Have been allowed: by the Board of Adjustment: 1. No person shall erect or increase the height of any structure, -or permit. the growth of any tree, to a height to excess of that provided by ofth}se- regulations for the zone or area. wham such act occurs. 11� 2. No person shall hereafter place,'�ar cause tobe placed, above grmmd,. transmission or distribution linea -or poles or other structures supporting the same within 200 feet of the outer boundary of the airport as said boundary is shown on the. Airpdrt Overlay Zoning Map. r 3. No person shall .otherwise use property within a zone established by these regulations In violation of the use restrictions of these regulationt,..,w In such a manner as to create"an airport Hazard,as defined. herein.> ... ':SECTION- IV. PENALTIES, Each -violation a ase: regu at ons- shall constit4te a misdemeanor :and the rppeetrator thereof, upon conviction, shell be punished by a fine of .not more; than .$100 or by Imprison- . Sent for notwe than 30 days. Each any r a violation occurs or continues, to exist shall constitute a separate offense. .+ -, SECTION fYT. REPEALER. All ordinances unu parts Or Orglnances in conflict with the Provision of this ordinance are hereby repealed. Sections 36-38 through 36-4 3 of the Ion City .Code of Ordininoes are also reppeealed hereby. i SECTION IV 1. SEVERABILITY. if any Section. Provision or part of the Ordi- nance shall be adjudgedto be inval'id or i unconstitutional, such ajudication shall I not effect the validity of the Ordj�ince as a Mole or any section, provis(oq'.'ar pert. thereof not adjudged invalid or on. constitutional, SECTION.IVI14. EFFECTIVE DATE. - This mance s a e neffect after -Its finalpassage by both the Board_ pf Supervisors of Johnson County and thpytty Council of Iowa City, approval -and publication as required by law. •�-11 Passed and. approved D the -.'Sty: Council of Ion City, Ideas.�this A.h ryj} 0}—No; er ,.TCT , ATTEST: -,l'. Passed and approved by the Board of Supervisors of Johnson' County, laws. this 8th day �ooff(/� November 1904.- NNlI ATTEST: JOHBSpI. COUNiV AUDITOR 86994 Novembei,,I 1I', ' c�f-d J�/ 3aii 313 ORDINANCE NO. 84-3212 AN ORDINANCE AMENDING SECTION 18-32(b)(2) OF THE HUMAN RIGHTS CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY. IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to delete from one of the housing discrimination exemptions a requirement that renters must pass through the owner's living area and to clarify the type of housing covered by this exemption. SECTION 2. AMENDMENT. Section 18-32(b)(2) of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new Section 18-32(b)(2): Sec. 18-32. Housing; exceptions. (b) The following are exempt from the provisions of this section: (2) the rental or leasing of four (4) or fewer roans within a single housing accommodation by the owner of such housing accommodation, if the owner resides therein. SECTION 3. REPEALER: All ordinances and parts of or inances 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 approved this 6th. day of November, 1984 M YOR ATTEST: ,(JJ CITY CLERK Received & Approved By The legal Departmerd Wrl ado It was moved by Zuber , and seconded by Baker that the Ordinance as rea a adopted and upon roll call there were: AYES: NAYS: ABSENT: V AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER First consideration 10/9/84 Vote for passage: Ayes: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber. Nays: None. Second consideration 10/23/84 Vote for passage: Ayes: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: None. Absent: Strait. Date published 11/14/84 a6► 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. 84-3212 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of November , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the Lgth day of November , 1984 Dated at Iowa City, Iowa, this26th day of November ,19 84 GZq � �tis-G-Y Ramona Parrott, Deputy City Clerk Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attac ed, was published in said paper time(s), on the fol- lowing date(s): C.{/ 1 Cashier Subscribed and sworn to before me this.214day of&—&V— , A.D. Notary Public No.usaao v `f SNA13ON SSU'cL'S OFFICIAL PUBLICATION ORDINANCE NO. 84-3212 AN ORDINANCE AMENDING SECTION 18-32(b)(2) OF THE HUNAN RIGHTS' CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this Fn 5 o elete iron one of the using discrimination exemptions a iremain t that renters ,mist pass through owner's living area and to clarify the hype of housing covered by this exemption. SECTION 2. AMENDMENT. Section 18-32(b)(2) of the code of Ordinances of the City of low- City, lora, is hereby repealed and substituted in its place is the new Section I8 -32(b)(2): Sec. 18-32. Housing; exceptions. (b) The following are exempt from the provisions of this section: (2) the rental or leasing of four (4) or fever rooms within a single housing accommodation by the owner of such housing accommodation, if the comer resides therein. SECTION 3. REPEALER: All ordinances and pars or orainances in conflict With the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY: If any section. Prov sion or part of .t a ordinance shall Ue 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 S. EFFECTIVE DATE: This Ordi- nance shall n e ec a ter its final passage, approval and publication as required by law. Passed anj Approved this 6th; day of November, 19 4. �1wm4 3 L ATTEST: fIRv�J XM ,r _ CITY CLERK 869112 November 14, 1984 ORDINANCE NO. 84-32 li ORDINANCE AMENDING SECTIONS 5-6(a) AND 5-6(d) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of these amendments is to reduce the minimum square feet requirement for dancing licenses from 200 square feet to 150 square feet and to base the annual license fee upon the same reduced square footage. SECTION II. AMENDMENTS. 1. Section 5-6(a) of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new Section 5-6(a): Sec. 5-6. Dancing restricted in connection with business; (a) When allowed. Dancing is hereby authorized in connection with the operation of a liquor control license or a Class B beer permit in establish- ments having at least one hundred fifty (150) square feet for dancing subject to the licensing provisions and regulations of this Code and the statutes of the state. 2. Section 5-6(d) of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the new Section 5-6(d): (d) License fee. The annual license fee shall be thirty-seven dollars and fifty cents ($37.50) for each one hundred fifty (150) square feet of dancing area. Such fee shall be prorated for fractions of the square foot requirements. The initial license shall be valid for the same time period as applicant's liquor control license or Class B beer permit, and the cost shall be prorated on that basis of time. 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 un- constitutional. SECTIum 4.— EFFECTIVE DATE: This Ordinance shall a in a ec a ter its final passage, approval and publication as required by law. Passed end approved this 6th. day of November, 1984 Reeolved & Approved By 1he Legal Dspartment Z7 0163 It was moved by - assco and seconded by p,ckson 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 10/9/84 Vote for passage s: Ambrisco, Dickson, NMcDonalBd Str tRR ��. Second Considerraiion 10/23/84 Vote for passage: Ayes: Ambrisco, Dickson, McDonald, Zuber. Nays: Baker, Erdahl. Absent: Strait. Date published 11/14/84 A64 CITY CIVIC CENTER OF IOWA CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3213 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of November , 1984 , all as the same appears of record in my officeand ished in the Iowa City Press -Citizen on the 14th day of November , 19_3�L_• Dated at Iowa City, Iowa, this 26th day of November ,19 84 Ramorfa Parrott, Deputy City Clerk Printers fee 069 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, — Bronwyn S. Van Fossen, being duly .sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news. paper published in said county, and that a notice, a printed copy of which is hereto attacked, was published in ,said paper _ / time(s), on the fol- lowing date(s): kx;'� Cashier Subscribed and sworn to before me thiszaj day of_N_in1__, A.D. 19 _. Notary Public No. LUV ?(o SHARON STUE" t+ � U5 OFFICIAL PUBLICATION OROINANC,E 00. ae_v21j ORDINANCE AMENDING l�CTIONS 5-6(a) AND 5-6(d) OF THE WOE t1F ORDINANCES OF THE CITY OF IOWA CITI'r','IOWA. SECTION I. PURFPOSE. The purpose of these feet requ_Ti -o _reduce the minimum square 200 square f .mt for dancing licenses from base the er eet to 150 square feet and to reduced sa mual license fee upon the same SECTION I' ivare footage. T— sial 1. AMENDMENTS. nances oon' - a o the Code of Ordi- - ,f the City of Iowa City, lora, is p Joey, repealed .and substituted in its is the new Section 5-6(a): Sec. 5-6. Dancing restricted in connection with business; (a)When allowed. Dancing is hereby authorized In connection with the operation of a liquor control license or a Class B beer perarit to establish- ments having at least one hundred fifty (150) square feet for dancing subject to the licensing provisions and regulations of this Code and the statutes of the state. 2. Section 5-6(d) of the Code of Ordi- nances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is the crew Section 5-6(d): (d) License fee, The annual license fee shall be thirty-seven dollars and ftfty cents ($37.50) for each one hundred fifty (150) square feet of dancing area. Such fee shall be prorated for fractions of the square foot requirenents. The initial license shall be valid for the same ttare period as applicant's liquor control license or Class B beer permit, and the cost shall be prorated on that basis of time. SECTION 111. REPEALER: All ordinances and par s�%7 o_r nasi Eos Tn Conflict with the provision of this ordinance are hereby SECTION IV. SEVERABILITY: If any section, provision or per 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 V. EFFECTIVE DATE: This Ordinance s a e n e ec atter its final passage, apyroyal and publication as required by law. Passed and approved this 6th. day of Noveaber, 1984 _ ATTES . 86978 C7T� November 14, 1984 ORDINANCE NO. 84-3214 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 1220 AND 1228 THIRD AVENUE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the property describec e obTw s hereby reclassified from its present classification of RS -5 to RS -81 and the boundaries of the RS -8 zone as indicated upon the zoning map of the City of Iowa City, Iowa, shall be enlarged tc include the property located at 1220 and 1228 Third Avenue: Lots 5 and 6 in Block 12 in east Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. SECTION II. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and 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 o e 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 s a a in a ec a ter its final passage, approval and publication as required by law. Passed and approved this 4th day of December, 1984./1 1 n ATTEST: Received & Approved By The legal Department 4 q/20/tv 20ty_ 111. cz- It was moved by Baker , and seconded by Strait , that the Ordinance as read be adopted and upon ro I i ca I I there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 11/6/84 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker Nays: None Absent: None Second consideration xxxxxxxxxx)m Vote for passage Date published 12/12/84 Moved by Baker, seconded by Ambrisco, 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, Ambrisco, Baker, Dickson. Nays: None. Absent: Zuber. 0 CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3214 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of December , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 12th day of December , 19 84 . Dated at Iowa City, Iowa, this 7th day of January , 19 85 6��z�L✓a . RAM NA PARROTT DEPUTY CITY CLERK Printers fee $/#' 0i CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto atta hed, was published in said paper time(s), on the fol- lowing date(s): ai Cashier Subscribed and s orn to before me this 07A4 day oA. D. t98-57 (/ SA.A�� sljp�� Notary Public No.�� D SHARON S'l:C_5 OFFICIAL PUBLICATION ORDINANCE NO. 84-3214 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 1220 AND 1228 THIRD AgENUt.. BE IT"ORDAINEO BY THE CITY COUNCIL OF THE CITY OF IONIL CITY, LONA: �a .b SEL IOY dgME the property described e 0Yr p -reclassified from its present. Km cation of RS -5 to RS -8, and the bOyadaries of the RS -8 zone as I hdlcated upon the zoning map of the City Of Iowa City, tore, shall be enlarged to include the property located at 1220 and 1228 Third Avenue: Lots 5 and 6 in Block 12 in east lova City, Johnson County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. SECTION 11. The Building Inspector is E—er—eFy—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 Ill. The City Clerk is hereby CuT. af riz�a and directed to certify a copy of this ordinance to the County Recorder of Johnson County, love, upon final a pEMsage and publication as provided by S1E.CTION 1V.REPEALER: All ordinances and oars 0 or nand., in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or par othe Ordinance shall be adjudged to be invalid or unconstitu- tional, such ad)udicatlo, shall not affect the validity of the Ordinance as a whole or ary section, provision or part thereof rnf adjudged invalid or nc... titutiunal. 56STION VI. EFFECTIVE DATE: This Ordi- 7�ince s a n e ac a ter its final passage, approval and publication as required by law. Passed and proved this 4th day of 'BBBen6cr, 19b4 /'j� ara�.Cfvt YO ATTEST: 87393 December 17. 1984 ORDINANCE NO. 84-3215 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXI- MATELY 6.3 ACRES LYING SOUTH OF HIGHWAY 1 WEST AND NORTH OF THE IOWA CITY MUNICIPAL AIRPORT FROM I-1 TO CI -1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described below is hereby reclassified from its present classification of I-1 to CI -1, and the zoning map of the City of Iowa City, Iowa, shall be amended to show such property in the CI -1 zone, to -wit: Commencing at the southeast corner of the southwest quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; thence north 00051'23" east, (an assumed bearing), along the east line of said Southwest Quarter, 1657.17 feet to a point on the southerly right-of-way line of Iowa Primary Road #1; thence south 74057'52" west, along said southerly right-of-way line, 62.38 feet to a point which is 60.0 feet normally distant west of said east line of the southwest quarter of Section 16 and which point is also the point of beginning; thence south 00051'23" west, 616.61 feet; thence north 89008'37" west, 503.31 feet; thence north 00051'23" east, 465.33 feet; thence northeasterly 51.80 feet, along a 2727.58 foot radius non -tangent curve concave southeasterly, whose 51.80 foot chord bears north 66026'08" east, to a point on the southerly right-of-way line of said Primary Road #1; thence north 74057'52" east, 474.28 feet, along said right-of-way line, to the point of beginning. Said tract of land contains 6.29 acres more or less, and is subject to easements and restrictions of record. SECTION 2. The Building Inspector is her�thorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. a167 O,_ -ante No. 84-3215 Page 2 SECTION 3. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION 4. REPEALER: All ordinances and parts of or mantes in conflict with the provision of this ordinance are hereby repealed. SECTION 5. SEVERABILITY: If any section, provision or part of t e 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 6. EFFECTIVE DATE: This Ordi- nance shall e n e ec a ter its final passage, approval and publication as required by law. Passed and proved this 4th day of December, 198,9 , /1 ATTEST: Receiver! & Approved By Th<.L:•ra1 Department --�4=— /,G EM It was moved by Baker and seconded by Strait that the Or finance 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 11/70/ua Vote for passage: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson Nays: None Absent: Erdahl Second consideration xxxxxxxxx Vote for passage Date published 12/12/84 Moved by Baker, seconded by Ambrisco, 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 waived and the ordinance be voted upon for final passage at this time. Ayes: Strait, Ambrisco, Baker, Dickson, Erdahl, McDonald. Nays: None. Absent: Zuber. 0 CITY OF CHIC CENTER 41C E. WASHINGTON ST STATE OF IOWA SS CINE f �'i�L` Id�1�I: i i7 OWA CITY IOWA CITY, IOWA 52240 (31(?) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 84-3215 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of December , 19 84 , all as the same appears of record in my office and pub fished in the Iowa City Press -Citizen on the 12th day of December , 19 84 Dated at Iowa City, Iowa, this 7th day of January , 19 85 . RAM NA PARROTT DEPUTY CITY CLERK Printers fee SL CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attac ed, was published in said paper timelsl, on the fol- lowing date(s): / /J 19 41 Cashier Subscribed and sworn to before me this day of A. D. 19U. DD SAQ�/O"A <Sl Notary Public No.j�/�D ms's SHA;:JIN4.1.77 OFFICIAL PUBLICATION ORDINANCE NO. 84-3215 ORDI88IICE AMENDING THE ZONING ORDINANCE BY CNABSING THE USE REGULATIONS OF APPROyI- MATW 6.3 ACRES LYING SOUTH OF HIGHWAY 1 WEST -AND NORTH OF THE IOWA CITY MUNICIPAL AIAPJIT FROM 1-1 TO CI -I. BE IT OROAINEQ 0 THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described &Tia hereby reclassified from Its present classification of 1.1 to CI -I, and the zoning hep of the City of Iowa City, Iowa, shall be amended to show such property in the CI -1 zone, to -wit: Commencing at the southeast corner of the southwest quarter of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridien; thence north 00051'23' east, (an assuvai bearing), along the east line of said Southwest Quarter, 1657.17 feat to a point on the southerly rigyht-of-way line of Iowa Primary Road I1; thence south 71057'52' west, along said southerly right-of-way line, 62.38 feet to a Point which is 60.0 feet horsMlly distant west of said east line of the southwest quarter of Section 16 and which point is also the point of beginning; thence south 00051'23' west, 616.61 feet; thence north 800"137" west, 503.31 feet; anence north 00051'23' east, 465.33 fat; thence 4a theasterly 51.80 feet, along a 2727.58 foot radius non -tangent curve concavesoutheasterly, whose 51.80 foot chord Dears north 66026'08' east, to a Point on the southerly right-of-way. Ione of said Primary Road 41; thence north 74057'52' east, 474.28 feet, along aid right-of-way line, to the Point of beginning. Said tract of land contains 6.29 acres more or less, and is subject to easements and restrictions of record. SECTION 2. The , 6uilding Inspector is Te-thor4zed and directed to change the zoning nap of. the City of lea City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION 3, The City Clerk is hereby authorized am directed to certify a copy of this ordinance to the County Recorder Of Johnson Cognty. Iowa, upon final passage and publication as provided by law. SECTION 4. REPEALER: All prdinanCK and pars o—t rdinancei in conflict with the 1 provision of this ordinance are hereby repealed. SECTION 5. SEVERABILITY: If any section pror son or Dar o e Ordinance sMli be adjudged to be invalid or unconitftu- tionel, such adjudication shall not affect the validity of the Prdinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 6. EFFECTIVE DATE: This Ordi- nance shall be In effect after its Hal passage, approval and publication as required by law. Passedand approved this 4th day of December, 1984 ATTEST: CITY CLERX 87392 December 12, 1984 ORDINANCE NO. 84-3216 ORDINANCE AMENDING CHAPTER 9.1-2 DEFINI- TION OF CITY PLAZA OF THE CODE OF ORDI- NANCES FOR THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this amendment is to amend the legal boundaries of City Plaza by deleting a portion of property which is now incorporated in Urban Renewal Parcel 64-1b (hotel) and by adding Urban Renewal Parcel 65-2a to the City Plaza. SECTION II. AMENDMENT. 1. Chapter 9.1-2 Definition of City Plaza contained in the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is a new legal definition of the boundaries of City Plaza: City Plaza: That part of City property extending from the northern right-of-way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Dubuque Street from the southern right-of-way line of Washington Street to the southern right-of-way line of College Street. Also, Urban Renewal Parcel 65-2a, described as follows: Beginning at the northwest corner of Lot 4, Block 65, of the Original Town of Iowa City, Iowa, according to the recorded plat thereof, thence along the southerly right-of-way line of Washington Street, 60.28 feet; then South 00003'02" W, 110.26 feet; then South 89043'36" West, 59.93 feet to a point on the easterly right-of-way line of Dubuque Street, thence North 00007'39" West, along said easterly right-of-way line, 110.65 feet to the Point of Beginning. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 77A Ord ice No. 84-3216 Pag_ 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 part or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall e in effect after its final passage, approval and publication as required by law. Passed and a�proved this 4th day of December, 1984 ^ ATTEST: Reeelved & Approved By The Legal De a rtl It was moved by tbr- and seconded by that the Ordmance as rea a adopted and upon ro I there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON T— ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 11/6/84 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: None Absent: None Second consideration11/2n/g4 Vote for passage Ayes: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber Nays: None Absent: Erdahl Date published 12/12/84 C-;? 7-2— CITY OF CHIC CENTER 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY OWA CITY IOWA CITY, IOWA 52240 (319) 356-5C 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. 84-3216 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of December , 1984 ,-all as the same appears of record in my office and pub fished in the Iowa City Press -Citizen on the 12th day of December , 1984 Dated at Iowa City, Iowa, this 7th day of January , 19 85 RAN NA PARROTT DEPUTY CITY CLERK V `J Printers fee $�_ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN 1, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att ched, was published in said paper _ time(s), on the fol- lowing date(s): Cashier Subscribed and sworn to before me thiisps2 day of A. D. 19p,Z. Notary Public No. L,M D 'F�': SHA. i:,Y STUCs5 OFFICIAL PUBLICATION ORDINANCE NO. 84-3216 ORDINANCE AMENDING CHAPTER 9.1-2 DEFINI- TION OF CITY PLAZA OF THE CODE OF ORDI- RANCES FOR THE CITY OF IOWA CITY, IOWA. $=-ION-1. PURPOSE. The purpose of this ~omen~oment is ta seem the legal boundaries of City Plaza by deleting a portion of property which is new Incorporated in Urban Renewal Parcel 64-1b (hotel) and by adding Urban Renewal Parcel 65-2a to the Cit; Plaza. SECT TON 11. AMENDMENT, 1. Chapter 9.1-Z Vefinition of City Plaza contained in the Code of Ordinances of the City of low City, love, is hereby repealed and substituted in Its place Is anew legal definition of the boundaries of City Plaza: City Plaza: That part of City property "tending from the northern right-of-way line to the weather" right-of-way line of College Street }roan the eastern right-ofrliay line of Clinton Street to the tem right-of-way line of Liam Street; and "tending free the western right-of-way line to the eastern right-of-way line of Dubuque Street from the southern right -of -wee) line of Washington Street to the southern right-of-way `line of College Street, Also, Urban Renewal Parcel 65-2a, described as follows:, Beginning at the northwst corner of Lot 4, Block 65, of the Original Tow of foe City. Ion, according to the recorded plat thereof, thence along the Aoutherly right-of-way line of Washington Strait, 60.28 feet; then South 00003'02' W. 110.26 feet - then South 89043'36' West, $9.91 feet to a point on the easterly right-of-way line of Dubuque Street, thence North 00007'39' West, along said easterly right -of -Way line, 110.65 feet h the Po.int of Beginning. SECTION IIIREPEALER. All ordinances and parts o o nances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any sec W, Prov S ee or par Of the Ordi- nance shall be ed3 udged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a part or any section, provision or Part thereof not adjudged invalid or 6EQIDN V. EFFECTIVE DATE. This Ordi- Oan[e 5 a n e !ct a ter its final passage, apyroval and publication as required by law. Passed and a proved this Atli day of December, 19847 I ATTEST: 87394 December 12, 4194 ORDINANCE NO. 84- 3217 AN ORDINANCE VACATING A PORTION OF THE GROVE STREET RIGHT-OF-WAY WEST OF FERSON AVENUE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the 15 foot segment of the Grove Street right-of-way directly west of Ferson Avenue in Iowa City, Iowa, is hereby vacated and that said portion of right-of-way is described as follows: Beginning at the northeast corner of Lot 12, Block 10, Manville Addition, thence west 150 feet, thence north 15 feet, thence east 150 feet, thence south 15 feet to the point of begin- ning. SECTION II. This ordinance repeals r finance o. 2482 adopted on June 18, 1968. SECTION III. This ordinance shall be in force an 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 a ect a ter its final passage, approval and publication as required by law. Passed and approved this 18th. day of December 1984. MAYOR ATTEST: Refttied Approv@d " - q K By The Legal Department 74/ n'1121 It was moved by and seconded by Dickson , that the OrAnhafnff as read be'adopted and upon roil call therF- were: AYES: NAYS: ABSENT: x AMBRISCO _y_ BAKER DICKSON may_ ERDAHL MCDONALD x STRAIT x_ ZUBER First consideration 11/2n/ad Vote for passage: Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker Nays: None Erdahl 4198R6: consideration 12/4/84 Vote for passage Ayes: Dickson, Erdahl, McDonald, Strait, Ambrisco, Baker Nays: None Absent: Zuber Date published December 26, 1984 any CITY OF CIVIC CEN(ER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5030 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. 84-3217 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of December , 1984 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 26th day of December , 1984 19 85 Dated at Iowa City, Iowa, this 7th day of January , RAM NA PARROTT DEPUTY CITY CLERK as' Printers fees CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attached was published in said paper _time(s), on the fol - mg date(s): Cashier Subscribed and sworn to before me this zf day of- Qvl- , A. D. Notary Public No. `•. SHARON $71)[1115 OFFICIAL PUBLICATION ORDINANCE NO. 84-321= AN ORDINANCE VACATING R PORTION OF THE GROVE STREET RIGHT -OF -MAY WEST OF F ON AfME. ♦tt ,� ORDAINED BY THE CITY COUNCIL OF IOWA i IOWA: 1. That the 15 foot segment of ove Street right -Of -way directly Ferson Avenue in Iowa City Iowa, iy vacated and that said portion of 1 -way is described as follows: ining at the northeast corner of I2. Black 10, Manville Addition, :e west 150 feet, thence north 15 , thence east 150 feet, thence i 15 feet to thepoint of begin - II. This ordinance repeals e Ao. 2482 adopted on June 18, gN ❑I. This ordinance win in an e�ffe<t when publ isned by law. ON IV. REPEALER. All ordinances and 0 0� nadl n[eg in conflict wtth this Sion Of this ordinance are her owEa aeu mN Y. SEVERABILITY. If any st Prov s on rpart a the Ordinance be adjudged to be Invalid or unto, tional, such adjudication shall not the validity of the Ordinance as a or any section, provision or part t not adjudged Invalid or unconstit.ti passage, approval and .publication Tas required by raw. Passed and approved this igtF Cay of Urccmbcr 1984, ATTEST: ,{� -✓ '19122' December December 26. 1984 ORDINANCE NO. 84-3218 ORDINANCE AMENDING CHAPTER 14, ARTICLE IV, DIVISION 2 ("BROADBAND TELECOMMUNICATIONS FRANCHISE ENABLING ORDINANCE") OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend certain sections of the "Broadband Telecommunications Fran- chise Enabling Ordinance" to formally reflect changes in said enabling ordinance agreed upon and/or supported by Heritage Cablevision, Inc. in its agreement with the City of Iowa City, Iowa, dated August 28, 1984, wherein the City granted approval of the transfer of the broadband telecommunications franchise from Hawkeye CableVision, Inc. to Heritage Cablevision, Inc. Said amendments include increasing the annual franchise fee payments from three percent to five percent, requiring franchise fee payments to be paid quar- terly rather than annually and providing for continued support, including funding, by the grantee for all local access channel functions and equipment regardless of whether such access facilities remain the responsibility of the grantee or whether said responsibility is turned over to a non-profit organization by the City. SECTION II. AMENDMENT. The following sections ot uhapter 14, Article IV, Division 2, of the Code of Ordinances of the City of Iowa City, Iowa, are amended as follows: 1. Section 14-73(c) is hereby repealed and substituted in its place is the following new Section 14-73(c): (c) Annual franchise payment: Grantees of a franchise hereunder shall pay to the city an annual fee in an amount equal to five (5) percent of the "annual gross revenues," as defined herein, in lieu of all other city's permits and fees, to be utilized by the city to offset it regulatory and administrative costs and to maximize awareness and use of the access capacity. The franchise payment shall be in addition to any other payment owed to the a75 Ordinance No. 84-3218 Page 2 city by the grantee and shall not be construed as payment in lieu of municipal property taxes or other state, county or local taxes. Section 14-73(d)(1) is hereby repealed and substituted in its place is the following new Section 14-73(d)(1): (d) Method of compensation; interest: (1) Sales taxes or other taxes levied directly on a per subscription basis and collected by the grantee shall be deducted from the local annual gross revenues before computation of sums due the city is made. Payments due the city under the provisions of subsection (c) above shall be computed quarterly as of March 31, June 30, September 30 and December 31 for the respec- tive quarters of each year ending on said dates and shall be paid quarterly within three (3) months after each respective computation date at the office of the city clerk during the city clerk's regular business hours. The payment period shall commence as of the effective date of the franchise. The city shall be furnished a statement with each payment, by a certified public accountant, reflecting the total amounts of gross revenue and the above charges, deductions and computations, for the quarterly payment period covered by the payment. Section 14-83(a) is hereby repealed and substituted in its place is the new Section 14-83(a): Sec. 14-83(a) Channels to be pro- vided. (a) Public access channel; Support for access facilities: The grantee shall provide at least one dedicated, noncommercial P16 Ordinance No. 84-3218 Page 3 public access channel, associated production equipment and neces- sary staff production assistance to be made available for the first five (5) minutes of live production to the public at no charge on a first come -first served nondiscriminatory basis. Hours of availability for use of such channel shall be specified in the application for franchise. The grantee shall regularly make information available to the public on the availability of the access channels with their monthly billing. The grantee shall, in cooperation with the commission, draft rules for the utilization of access channels. Such rules shall be placed on file with the city clerk. Except as specified by the FCC, the grantee shall not censor any programming on the access channels. The grantee agrees to support, including funding, the public access facilities and services and the educational and governmental access facilities and services [see subsection (b) below], pursuant to the terms of the agreement between the City of Iowa City, Iowa, and Heritage Cablevision, Inc. dated August 28, 1984. Section 1. "Access," including subsections A. -C. thereof, and Section 6. "Local Origination", including subsec- tions A. -B. thereof, of said agreement are hereby incorporated into the franchise as though set out verbatim. SECTION III. REPEALER: All ordinances and pars ot or finances 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 Zw Ordinance No. 84-3218 Page 4 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 aurthis day of December, 1984//'7. �� _:.--.7r - ATTEST: Rcaeefved $ Approved 9y the Legal Departm nt IZ IZ $ a7$ It was moved by Zuber and seconded by Erdahl that the Or finance as read be'adopted and upon ro ca ere were: AYES: NAYS: ABSENT: AMBRISCO BAKER DICKSON ERDAHL _x MCDONALD X STRAIT X ZUBER First consideration Vote for passage: Second consideration Vote for passage Date published December 26, 1984 Moved by Zuber and 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: Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker, Dickson Nays: None CITY OF CIVIC CENTER 410 E. WASHINGTON ST STATE OF IOWA SS JOHNSON COUNTY OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. R4_s2iR which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of December , 19 84 , all as the same appears of record in my office and pub fished in the Iowa City Press -Citizen on the 26th day of December , 19 84 Dated at Iowa City, Iowa, this 7th day of January , 19 85 RAMAA PARROTT DEPUTY CITY CLERK I lO�+ Printers fee CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fosstn, being duly sworn, say that I am thecashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto attach d, was published in said paper I time(s), on the fol- ,Im�g date(s): . Cashier Subscribed and sworn to before me thisztj day of A. D. oz ­ 19 01J. Notary Public No. 80 SHARON STUPUS OFFICIAL PUBLICATION 8R87NANCE NO- 84-3219 '' OROINAIEE,M MING CHAPTER le, ARTICLE SIV, DIVISION F ( SWOBAND TELECOMNIMICATIONS FRANCHISE EN�IBLIND ORDINANCE') OFTNE CODE OF ORDINANCES OF THE CITY OF [OW CITY, IOWA. SECTION I'F. _ POSE. The purpose Of this O name ]' armed certain sfatlOns Of cnlfe Enabling Ordinance- to reflect changes in sold enabling agreed upon ane/or supported b; Cablevlslm. Inc. to Its agree the Ci of Ion City, low, da 28, 1981 wherein the Citi approval el ecYaoeniM'(cations afranchi frof anchise CableYi;ipo. Inc. to Heritage Ci Inc. fait aamndnents includ,,, the ansuel franchise fee Pero .� a�HWrc, n.,,wlmp ruming. byy ted grantee for all 1OW access Channai functions and equip'sregardless ac of ~her such cess foci les rein the responsibility of the 4tranee dr,whether, said responsibility ii`Wrned. Over to a Aaw-profit organization lty lbe City. SECTION, IO(1._ Il, A ENDWNT, IM fMlwing ssAAC Or un,pteer 14, Article IV, 01Y1sion-2, of the Code of Ordinances of the City of Ion City, Ion, Are amended as follow: - I. 'Section 14.73(c) is hereby repealed and substituted' to its/�1lug is the f011GNimg new Section 1413(c): (C) Annual franchise payment: Branteas of A frenchise herswMer shall pay to the city an annual fee in M qu aeount 'fel CO f1Yf (B) .peccant of the 'ummel Gross ofother cs in lieu s all defined lrhroereits 2. i —;-'Szrectve cops %9P'4" to max RICO aworeness am ee. of the access Capacity The eIMaRlse payment shall De 1n SvItan to any other payment pwv, to. the city by the grantee and shall not be construed as. payment in lieu Of municipal proporty taxes or other state.- county or local ban 13.73(4)(1) Is hereby repealed substituted 1n its Bu►ll1ate is the winC eew Section la-. X/(d)(1'): IMtl10d Of cdepensatliddNB, Interest: (1) Sales taxes er other taxes levied directly on a per subscription basis and rallected by the grantee .shall be :deducted froa.th,. local annualgross revenues before cmnputation of sums due the city is Soon. Payments due ted city under the Provisions of subsection TO above shall be computed _quarterly as of March 31, June 30, SepDtember 30 and December 31 for the respec. tive quarters If each year ending on said dates and ' shell be Wgyarterly within three ) months after HCR nipective Computation date ft the office of thecity Clare during the City Clerk's regular bust news hours. The payment period shall cq CS es of the effective date of the fAknahf The City shall IMF fN-shed a statement with eeah yse t. by a certified peblic accountant, reflecting the total amounts of press revenue and the abe" charges deductions and computations, far the quarterlyy peyqxnt' period covered by ted Daynent. 3. Section 1e -93(a) is hereby repeated And substituted in. fb place is ted neer Section le.y((a)t ' See. 17-83(a) Channels to be pro - video. (a). Public access channel;. Support for access facilities: The grantee shall Drovidf at least we dedicated, semcteaterclal Aw- predectaf equipment sed nKn- •i Bary sp/f Production available assistance to be made ) minute I f the first five (S). minutes of live production to the public at no charge ano a flint cyte -first i served nondiscriminatory notary users. Kausuch Of channel shall for use eof d inch channel tion be franchise. in the application for Mrly mak, The grantee shall regularly mate caavailable to the public on t public on the availability of the maths channels NN anter , monthly Billing. The grantee shall. in cooperation with the Utilisation dealt rules for the ` Utilization rues shall l be lcedchannels. Such rules shall be placed an A file with the city chert. Except, as. eHem by the FCC,.the grantee sgall not censor any programming on the Koss channel h cgannThes. I The pontes agents to I suppeoart, lecludi�ro funding, the PU It accese fettl4ties W SMIGn and the educational W governmental access facilities and services (sen subsection (b) below]., pursuant to the terms of the agreement between the City of Iowa City. Tow, and Heritage Cablevision,. Inc. dated August thereof„ and Section. S. 'Local Origination-, including Subset- I tions A. -B. thereof, of said agreementare hereby incorporated Into the franchise as, though set I out verbatim. (SECTION III. REPEALER: All ordinances I,ad Mr Klao-:'6►dIBiAEII 1n conflict with ,the PMI lion of this ordinance are hereby 'repealed. 'SECTION IV. SEVERABILITY: If any iK m pears on or or of the Ordi- )na.0 s6lT IN edjudeedtp bOf Invalid or a,yrw thea Or hnan pmt Affect the validity of the Ordinanre ,as a whole-ar-my sactian, prWilion or ,part thereof not adjudged invalid or unconstitutional, �$EOTION V. EPPECTIVE S: This Ordi- nance shat n e K OATa ter its final passage, approval and publication as ,required by law. Passed W a roved Nia 7f6}� day of December. 1986 `�G V 1 -+/ ATTEST: 81110 .December 26,19U ORDINANCE NO. ae--19 AN ORDINANCE CORRECTING ORDINANCE NO. 83-3144 VACATING A FORTY FOOT PORTION OF THE ALLEY RIGHT-OF-WAY IN BLOCK 9 OF COUNTY SEAT ADDITION, RUNNING NORTH -SOUTH BETWEEN HARRISON AND PRENTISS STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. AMENDMENT TO ORDINANCE NO 83-3144. That Section I of Ordinance No. F -T --JW is hereby repealed and the following is adopted in lieu thereof: That a 40 foot segment of the north -south alley right-of-way between Harrison and Prentiss Streets in Iowa City, Iowa, is hereby vacated for alley purposes, said portion of right-of-way being described as follows: Beginning at the northeast corner of Lot 6, Block 9, County Seat Addition, according to the recorded plat thereof, thence south 40 feet, thence east 20 feet, thence north 40 feet, thence west 20 feet to the point of beginning. SECTION II. REPEALER. That all ordi- nances and pars o or finances in conflict with the provisions of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or par 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 IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passednd approved this 18th. day of Decemhbr, �84 ATTEST: 9/ SAA CITY CLERK P.s:x vod F, /:pproveo by The Lect,t Geoar►menf sa It was moved by Baker 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 Vote for passage: Second consideration Vote for passage Date published naramh,r zF 1QR4 Moved by Baker, 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: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait Nays: None 7*1 CITY OF CHIC CENTER 410 E. WASHINGTON ST STATE OF IOWA ) SS JOHNSON COUNTY ) OWA CITY IOWA CITY, IOWA 52240 (319) 356-5COO 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. 84-3219 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of December , 19 84 , all as the same appears of record in my office and published in the Iowa City Press -Citizen on the 26th day of December , 19 84 Dated at Iowa City, Iowa, this 7th day of January , 19 85 . RAM NA PARROTT DEPUTY CLERK Printers fee S1� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN I, Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto atta hed, was published in said paper I time(s), on the fol- ing date(s): Cashier Subscribed and sworn to before me this day of4A^---) , A. D. 19gs- Notary Public No. ls`/ 8 O SHARON 5`Ua:iS YY k OFFICIAL PUBLICATION ORDINANCE NO.; 86.3219 AN ORDINANCE CORRECTING ORDINANCENO. 83-3144 VACATING A FORTY FOOT PORTION OF THE ALLEY RIGHT-OF-WAY IN BLOCK 9 OF COUNTY SEAT ADDITION, RUNNING NORTNJOUTH BETWEEN HARRISON AND PRENTISS STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY. IOWA: SECTION I. AMENDMENT TO ORDINANCE N0. 8 - 1 4. That Section I of Ordinance No. IT--= is hereby repealed and the following is adopted in lieu thereof: That a 40 foot segment of the north -south alley right-of-way between Harrison and Prentiss Streets in Iowa City, Iowa, is hereby vacated for alley purposes, said portion of r richt-of-way being described as follows: Beginning at the northeast corner of Lot 6, Block 9, County Seat Addition, according to the recorded Plat thereof, thence South 40 feet, thence east 20 feet, thence north 40 feet. thence vest 20 feet to the point of beginning. SECTION 11. REPEALER. That all ordi- nances a par s o or inances in conflict with the provision; of this ordinance are xrLHABIL Tr. If any e pn, prov son Or par of the Ordi• nonce shall be adjudgqed to be invalid or uOCOr.stitutional, aucA adjudication shall not affect the va7idity of the Ordinance as a whole o, any section, provision or Part thereof not adjudged invalid or un- constitutional. YCTIDN IY. EFFECTIVE OATS. This Ordi- V<T�lin pi l'!ct after its final passage, approval and publication as required by law. . Passed and approved this 19th. day of lAxemhcr, ] ea.MAYOP 'ATTEST: CITY� 91711 • �dbet %. 1984