Loading...
HomeMy WebLinkAbout1990 Ordinance Book )RDINANCES BOOK NO. 32 #90-3446 to #90- 3458 PAGE ORD. NO. TITLE DATE 1 3446 Ord. amending Chapter 4 of the Code of Ord. 1/9/90 of the City of I .C . Ia. entitled "Airports and Aviation" by repealing Article V thereof entitled "Airport Zoning" and by enacting in lieu thereof Article V, "Airport Zoning" as amended, which amendments provide for the rearrangement and renumbering of sections , provide for a revised Airprot Zoning Map , provide for provisional modification of height and use limitations , and clarifies the provision requiring notification of the Federal Aviations Administration of Proposed Development . 2 3447 Ord. amending the Zoning Ordinance by changing the 2/20/90 Use regulations of certain properties located at 1102 Hollywood Blvd. from RS-12 to RM-44. 3 3448 Ord. vacating the unnamed street located between Foster Road and Taft Speedway, West of Dubuque St. 4 3449 Ord. to change the spelling of Sante Fe Drive to 3/20/90 Santa Fe Drive. 5 3450 Ord. amending the Zoning Ord. by changing the Use 4/3/90 regulations of a protion of property, generally bounded by Foster Rd. to the N. , Dubuque Street to the East, the Iowa River to the South and also including property West of an unnamed Street between Taft Speedway and Foster Road, from RS-8 to RS-5. 6 3451 Ord. amending Chapter 32.1, entitled "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Section 32. 1-65 to adjust certain fees for use of swim- ming pools. 7 3452 Ord. to adopt the Code of Ordinances of the City of Iowa City, Iowa, 1990, AKA "City Code". 8 3453 Ord. amending the Zoning Ord. by changing the 4/17/90 Use Regulations of a certain property located at 114 First Avenue from P to RS-5. 9 3454 Ord. amending Chapter 26, Peddlers and Solicitors of the Iowa City Code of Ordinances by repealing sections 26-1 and 26-22, and adopting new sections in lieu thereof. 10 3455 Amending Zoning Ord. Changing Use Regulations Property 5/01/90 North of Hunters Run Develop. West of Hwy. 218 ID-RS to P. 11 3456 Amend Iowa City Code of Ord. Chapter 32 "Subdivision Regulations" Preapplication Conferences for Prel . Plats. 12 3457 Ord. to conditionally rezone 37.3 acres, located 5/15/90 North of I-80 and East of Hwy. 1 on Northgate Ave. from CO-1 to RDP. (Z8917) 13 3458 Ord. amending Chapter 32. 1 "Taxation and Revenues" of the COde of Ord. of the City of Iowa City by amending section 32. 1-55 therein to revise Solid Waste Collection fees, landfill use fees and add a fee for yard waste collection per bag. ORDINANCES BOOK NO. 32 0 90- 3459 to #50-3474 PAGE ORD. NO. TITLE DATE 14 3459 Ord. regulating the storage, collection, transport- 5/29/90 ation and disposal of Solid Waste and regulating littering within Iowa City and the Iowa City Landfill service area, to be known as the Solid Waste Ord. 15 3460 Ord. changing the use regulations property south of 6/12/90 Taft Speedway, west of Terrell Mill Park, along the Iowa River. Peninsula Area/Tract 4. 16 3461 Ord. establishing an area outside the City's Bound- 6/26/90 aries in which the subdivision of land shall be subject to the City's Review and Approval. 17 3462 Ord. amending the I.C. Charter by amending section 7.03(A) and 7.04(A) of the I.C. Code of Ordinances, in order to clarify procedures concerning supple- mentary petitions for initiative and referendum pro- cedures, and also calrifying minimum number of sign- atures required for the initial petitions. 18 3463 Ord. amending the Zoning Ord. to change the min- 7/10/90 imum required distance between buildings. 19 3464 Ord. to vacate a portion of Court Street W. of Front Street, and the North-South Alley in Block 94, Original Town. 20 3465 Ord. amending the Zoning Ord. to change the Use 7/31/90 Regulations on certain property located S. of Court Street extended, E. of Scott Blvd. and N. of Scott Park, from RS to RS-5. 21 3466 Ord. amending Chapter 8, Article VI, of the I.C. Code of Ord. by adopting the 1990 Edition of the National Electrical Code. 22 3467 Ord. amending Chapter 1 of the Code of Ord. of the City of I.C. by repealing Article II, there- of entitled "Procedures and Penalties for Muni- cipal Infractions". 23 3468 Ord. amending the Zoning Ord. by changing the Use 8/7/90 Regulations of approx. 3.6 Acres of Land located E. of Keokuk Street S. of the K-Mart Shopping Ctr. from RM-12 to CO-1. 24 3469 Ord. amending the Zoning Ord. to change the notice requirements for Bd. of Adjustment Hearings. 25 3470 Ord. amending the Zoning Ord. to allow the Bd. of Adjustment to permit all required Off-Street Pkg. for Private Uses in a Municipal Facility Under Certain Circumstances. 26 3471 Ord. amending the Zoning Ord. by conditionally 8/21/90 changing the Use regulations of an approx. .41 acres of land located E. of Gilbert Ct. approx. 27 3472 Ord. to amend Chapter 33, Utilities, to provide for private sewer line access to the municipal system for non-residential uses. 28 3473 Ord. amending Chapter 8, Article VII, of the I.0 Code by adopting the 1988 Edition of the Uni- form Plumbing Code, with certain amendments. 29 3474 Ord. amending Chapter 33, Entitled "Utilities" est. a charge for unmetered use of the Public Sewer System, add shutoff requirement, amend approved materials and amend conduit requiremt. ORDINANCES BOOK NO. 32 #90-3475 to #90-3484 PAGE ORD. NO. TITLE DATE 30 90-3475 Ord. amending Chapter 22, entitled "Manufactured 8/21/90 Housing Parks" of the Code of Ord. by amending Section 22-36(b) reserved, therein to add reg- ulations for public utilities. 31 90-3476 Ord. amending Chapter 32. 1 entitled "Taxation and Revenues" of the Code of Ord. of the City of I.C. by amending section 32.1-73 therein to revise sewer and water charges and establish a charge for unmetered sewer service and for manufaturing Housing Park unmetered sewer services. 32 90-3477 Ord. amending the Zoning Ord. by Changing the 9/18/90 Zoning Classification of an approx. 1. 17 Acre Parcel of land located at 1105 Gilbert Court. 33 90-3478 Ord. amending Chapter 8, Article 2, the Building Code, by adotping appendix Chapter 70, (Excav- 10/2/90 ation and Grading) of the 1988 Uniform Building Code, as amended, to provide for the protection of and safeguard of Human life, property and the Public Welfare. 34 90-3479 Ord. to amend Chapter 32, Subdivision regulations, to require a grading permit for subdivisions in environmentally sensitive areas. 35 90-3480 Ord. amending Chapter 31 of the Code of Ord. , of the 10/16/90 City of I.C. by repealing Article VI and adopting a new article VI, to be codified the same, requiring advance notification of Public Demonstrations, Banning certain Residential Picketing, and providing for the regulation thereof, to be known as "Division 1. Public demonstrations; and further providing for the regul- ation of Parades, Marches and Public Entertainment, by estab. standards for the use of public ways and for issuance of permits, to be known as "Division 2. Par- ades, marches, and public entertainment; and further providing for the commercial use of public sidewalks in commercially zoned districts, to be known as "Division 3. Commercial use of sidewalks in comm- ercial zones;" and further providing for the re- numbering of Article VII immediately thereafter, to conform to proper sequencing of code sections. 36 90-3481 Ord. amend Zoning Ord. chg. use regulations of three 10/30/90 parcels 48.84 acres at Iowa City Municipal Airport 37 90-3482 Ord. amending the Zoning Ord. by conditionally 11/13/90 changing the Use Regulations of approx. 1.5 Acres of land located at 315 Prentiss Street from RM-44 and CC-2 to CI-1. 38 90-3483 Ord. amending the Zoning Ord. by changing the Use Regulations, with conditions, of a certain 95.61 Acre property, known as the Bjornsen Tract, located S. of Highway 6 and W. of Bon-Aire Mobile Homes from ID-RS to RS-8. 39 90-3484 Ord. amending the City Code by adopting a Tap-On 12/11/90 Fee enabling Ord. , by authorizing the adoption of Project-specific. Tap-On Fee Ordinances, and pro- viding substantive and procedural rules for the adoption thereof. ;L ORDINANCE NO. 90-3446 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "AIRPORTS AND AVIATION," BY REPEALING ARTICLE V THEREOF, ENTITLED "AIRPORT ZONING," AND BY ENACTING IN LIEU THEREOF ARTICLE V, "AIRPORT ZONING," AS AMENDED, WHICH AMENDMENTS PROVIDE FOR THE REARRANGEMENT AND RENUMBERING OF SECTIONS, PROVIDE FOR A REVISED AIRPORT ZONING MAP, PROVIDE FOR PROVISIONAL MODIFICATION OF HEIGHT AND USE LIMITATIONS, AND CLARIFIES THE PROVISION REQUIRING NOTIFICATION TO THE FEDERAL AVIATION ADMINISTRATION OF PROPOSED DEVELOPMENT. PREAMBLE: WHEREAS, the Federal Aviation Administration (FM) has, pursuant to Federal Law, adopted a comprehensive set of regulations governing airports, which regulations pre-date Iowa City's Airport Zoning Ordinance and are designed to prevent uses incompatible with or constituting a hazard to aviation; and WHEREAS, the purpose of this ordinance is to codify and to provide for local enforcement of the said FM regulations; and WHEREAS, the FM has approved a revised Airport Layout Plan (ALP), which ALP is incorporated into the revised Airport Zoning Map and airport overlay zone descriptions contained herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Airports and Aviation," is hereby amended by repealing Article V thereof, entitled "Airport Zoning," and by enacting in lieu thereof an amended Article V to read as follows: ARTICLE V. AIRPORT ZONING Sec. 4-71. Purpose. The purpose of this article, to be 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 municipalities under Chapter 329 of the Code of Iowa (1989), and to codify existing regulations of the Federal Aviation Administration relating to land uses incompatible with or constituting a hazard to aviation at the Iowa City Municipal Airport. The city council of Iowa City and the board 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, as well as occupants of land and other persons in its vicinity, and would also tend to impair the operation of the airport and the public investment therein; accordingly, each municipality does hereby declare that: 2 (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury to those living in the community and 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 establishment of incompatible uses of land be prevented, and that this be accomplished, to the extent legally possible, by proper exercise of the police power; (c) The protection of lives and property, the prevention of the creation or establishment of airport hazards and incompatible uses, and the elimination, 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 herein. (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are considered incompatible with airport operations; (e) It is highly desirable that there be no structures, natural objects, or traverseways which constitute or create a hazard within the airport clear zones; and (0 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. Sec. 4-73. Definitions. The following definitions only apply in the interpretation and enforcement of the airport overlay zones: Airport: The Iowa City Municipal Airport. Airport elevation: The highest point of the airport's useable landing area measured in feet above mean sea level, which elevation is established to be six hundred sixty-eight (668) feet. 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 in January 1989 (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. 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. 3 Airport master plan: A comprehensive plan for development of the airport over a twenty-year time period. The master plan Includes, among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the master plan, and recommendations for use of land on and adjacent to the airport. 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. Airport primary surface: A surface longitudinally centered on a runway which extends two hundred (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 center line. Airport height For the purpose of determining 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 specified. Inner edge: The inner boundary of an approach or clear zone which is located two hundred (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. Instrument runway: A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned. 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 four hundred (400) feet by one thousand six hundred (1,600) feet, with a slope of fifty (50) to one (1). Minimum descent altitude: The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during cycle-to-land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided, as most recently established by publication by the FAA. Minimum enroute altitude: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes, as most recently established by publication by the FM. Minimum obstruction clearance altitude: The specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage within twenty-two (22) nautical miles of a VOR, as most recently established by publication by the FAA. ci 4 Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length. Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FM approved airport layout plan or on any planning document submitted to the Federal Aviation Administration (FAA) by competent authority. Sec. 4-74. Notification of proposed development. (a) Any person who proposes any development of a height greater than an imaginary surface extending outward and upward at a slope of one hundred (100) to one for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FM). One executed form set (four (4) copies) of FM Form 7460-1, "Notice of Proposed Construction or Alteration" shall be sent to the chief, air traffic division, of the FM 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 FM Form 7460- 1 may be obtained from the FM. See Federal Aviation Regulations, Section 77.13.) (b) EXCEPTION: No person is required to notify the FM administrator 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, Section 77.15.) It shall be the responsibility of the appropriate building official, prior to issuance of a building permit for such object, to determine whether or not the shielding satisfies the foregoing requirements. Sec. 4-75. Airport zones and air space height limitations. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the airport overlay zoning map. The maps prepared by Howard R. Green Company, dated June 1988, and filed in the offices of the city clerk of Iowa City and the Johnson County auditor are hereby adopted, designated and declared to be the airport overlay zoning map for the Iowa City Municipal Airport. A structure located in more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: 5 (a) Horizontal overlay (OH) zone. (1) Defined. The land lying under a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten thousand-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. The value will be the highest determined for either end of the runway. When a five thousand-foot arc is encompassed by tangents connecting two (2) adjacent ten thousand-foot arcs, the five thousand-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No structure, except as herein provided, shall extend one hundred fifty (150) feet above the established airport elevation 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 twenty (20) to one for a horizontal distance of four thousand (4,000) feet. (2) Height limitation. No structure, except as herein provided, 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 00 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 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. Five hundred (500) feet wide for runways 12, 17, 30 and 35. 2. One thousand (1,000) feet wide for runways 6 and 24. 6 b. The outer edge of the approach surface is: 1. One thousand five hundred (1,500) feet wide for runways 12, 17, and 30. 2. Three thousand five hundred (3,500) feet wide for runways 6 and 35. 3. Four thousand (4,000) feet wide for runway 24. c. The approach surface zone extends for a horizontal distance of: 1. Five thousand (5,000) feet at a slope of twenty (20) to one for runways 12, 17, and 30. 2. Ten thousand (10,000) feet at a slope of thirty-four (34) to one for runways 6, 24, and 35. d. The light lane for runway 24 is four hundred (400) feet wide beginning at a point four hundred ninety (490) feet southwesterly on the runway center line from the center of the end of the runway pavement (including any and all paved safety areas), extending for a horizontal distance of one thousand six hundred (1,600) feet northeasterly at a slope of fifty (50) to one. (2) Height limitation. No structure, except as herein provided, 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. (d) Clear overlay (OCL) zone. (1) Defined. The land lying under a surface longitudinally centered on the runway center line or extension thereof and described as follows: a. Runway 6 - 1,000 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the southwest on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,510 feet. b. Runway 12 - 500 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the northwest on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. 7 c. Runway 17 - 500 feet wide beginning at a point 225 feet in (south) from the end of the pavement, and extending to the north on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. d. Runway 24 - 1,000 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the northeast on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,425 feet. e. Runway 30 - 500 feet wide beginning at a point 275 feet in (northwest) from the edge of the pavement, and extending to the southeast on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. f. Runway 35 - 500 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the south on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,010 feet. (2) Height limitation. No structure, except as herein provided, shall penetrate the clear surface of the OCL zone, as depicted on the airport overlay zoning map. (3) Use limitations. No use, except as herein provided, shall be permitted in the OCL zone in which there is connected therewith a building which according to the 1988 Edition of the Uniform Building Code, has an occupancy rating of fifty (50) square feet of floor area per person or less. In addition, the following uses shall not be permitted, except as herein provided: 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. Schools, including nurseries, prekindergartens and kindergartens. Stadiums. j. Storage of fuel or other hazardous materials. k. Theaters. Sanitary landfills. 8 (e) Transitional overlay (OT) zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven (7) to one 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, except as herein provided, 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 on the OT zone. Sec. 4-76. Use restrictions. In addition to the above restrictions on land, the following special requirements shall apply to properties within the airport zones described in Section 4-75 and shown on the Airport Zoning Map. (a) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased. (b) Lighting. (1) All lighting or illumination used in conjunction with streets, parking, signs or other uses of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over two hundred (200) feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administra- tion Advisory Circular 70-7460 and amendments. (3) Any permit or variance granted by the airport board of adjustment 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. (c) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. 1 9 Sec. 4-77. Nonconformities. (a) Defined. Any structure or portion thereof which does not conform to the provisions of this article 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 article or subsequent amendments thereto, is nonconforming. (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 as of the effective date of this article, or to otherwise interfere with the continuance of any nonconforming use. However, no pre-existing nonconforming 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 originally 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 article and is completed within one year thereafter. (c) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, 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. Sec. 4-78. Airport zoning commission. A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The airport zoning commission shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) 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. Sec. 4-79. Board of adjustment. An airport board of adjustment ("board") is hereby established as follows: The board shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) 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. 1 10 Sec. 4-80. Provisional modification. (a) Any person desiring to construct a structure or establish a use which exceeds or violates the height and/or use limitations for the airport overlay zones as provided In Section 4-75 may request a provisional modification of those regulations as herein provided. The appropriate building official may grant a request for provisional modification if the proposed structure or use: (1) Is not considered an airport hazard or an incompatible use by the Federal Aviation Administration; and (2) Will not result in the construction or establishment of a structure or use that raises the published minimum descent altitude for an instrument approach to any runway, or that causes any minimum obstruction clearance altitude or minimum enroute altitude to be increased, as determined by the FAA. (b) Persons requesting such a provisional modification shall file FAA Form 7460-1 "Notice of Proposed Construction or Alteration" in accordance with the notice provisions of Section 4-74, and the notice provisions of FAR Part 77.13. If the Federal Aviation Administration issues a determination that the proposed structure or use is not consistent with the provisions of (a)(1) and (2) above, the building official shall deny such proposed modification to the height and/or use provisions contained in the airport overlay zones. Such denial shall not preclude an application for a special exception or variance to the airport board of adjustment, as provided in Sections 4-81 and 4-82. Sec. 4-81. Any structure which is deemed by the appropriate building official to be shielded, in accordance with the provisions of FAR Part 77.13 and Section 4-74(b) above, shall not be subject to the height restrictions contained herein, so long as the structure height does not exceed the height of the shielding structure. Sec. 4-82. Special exceptions. (a) The 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 determination 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, as proposed, will not obstruct landing and take-off of aircraft at the airport and will not constitute a hazard to aviation. 11 (2) In the application to permit a use of land otherwise prohibited herein, that such use, as proposed will not be Incompatible with airport operations and does not create/constitute a hazard. (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 Administration, 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 determination has been issued. (c) In making its determination on an application for a special exception, the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. (d) In making a determination on an application for a special exception as to use, where the structure has been determined to be shielded in accordance with Section 4-81 of this Ordinance, written advice of the FAA and IDOT in regard to the proposed use shall not be required. Sec. 4-83. Variances. (a) 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 violation 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 substantial 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 following: Any such variance shall be subject to a requirement that the person requesting 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 obstruction; 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 necessary to indicate to operators of aircraft the presences of an airport obstruction. (b) In making its determination on an application for a variance, the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. (c) Any appeal from the decision of the board of adjustment shall be in accordance with the provisions of Section 414.15 et seq. of the Iowa Code. 12 Sec. 4-84. Administration and enforcement. The administration of these zoning regulations 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 representa- tives 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. Sec. 4-85. Equitable remedies. The City of Iowa City or the Iowa City 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. Sec. 4-86. Conflicting regulations. In the event of any conflict between these 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 control. Sec. 4-87. Prohibited acts. It shall be unlawful for any person to do any of the acts hereinafter stated unless a provisional modification, special exception, or variance from the provisions of these regulations shall have been granted. (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 [any] of these regulations for the zone or area where such act occurs, except as provided in this Article. (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 two hundred (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, except as provided in this Article. 13 Sec. 4-88. Penalties. Each violation of these regulations shall constitute a misdemeanor or a municipal infraction, and shall be punishable as provided in Chapter 1 of this Code. Each day a violation occurs or continues to exist shall constitute a separate offense. Secs. 4-89 and 4-90. Reserved. SECTION 2. 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 3. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 9th day of January, 1990 . /AYOR ATTEST: 771a42424.0 7e. (2 44 i CITY CLERK Appprr ved a- Form ' 1/ 40/57 Legal Department It was moved by Ambrisco and seconded by Larson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby _X__ Larson x McDonald First Consideration 12/12/89 Vote for passage: Ayes : Ambrisco , Balmer, Courtney, Horowitz , Kubby, Larson, McDonald. Nays : None. Absent : None. Second Consideration 12/19/89 Vote for passage: Ayes : Larson, McDonald, Balmer, Horowitz , Kubby. Nays : None . Absent : Ambrisco , Courtney. Date published 1/17/90 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3446 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of January , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of January , 19 90 Dated at Iowa City, Iowa, this 9th day of February ,19 90 am na Parrott, Deputy City Clerk pyo-3 i fS • Printer's fee 8'7'47.47 . CERTIFICATE OF PUBLICATION STATE OF IOWA,Johnson County, ss: THE IOWA CITY PRESS-CITIZEN OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. nn S I I r, AN ORDINANCE AMENDING CHAPTER 4 OF SHE CODE Op ORDINANCE$OF THE CITY OI IOWA CITY. IOWA, ENTITLED "AIRPORTS AND AVIATOR` BY REPEALING ARTICLE l I, THEREOF.,'ENTfTLED "AIRPORT ZONING.'AND BY ENACTING IN'LrEU THEREOF ARTICLE Carol Barr, being duly sworn, say that I V, "AIRPORT ZONING:' AS AMENDED, WHICH AMENDMENTS PROVIDE;FOR THE am the legal clerk of the IOWA CITY REARRANGEMENT AND RENUMBERING OFSECTIONS,;PROVIDE FOR A REVISED AIRPORT ZONING MAP, PROVIDE FOR PROVISIONAL.h;OF)IfylQ& OF HEIGHT AND USE PRESS-CITIZEN, a newspaper LIMITATIONS,AND CLARIFIES THE PROVISION REOUIRI ATION 14 THE FEDERAL published in said county, and that a AVIATION ADMINISTRATION OF PROPOSED DEVELOPMENT. notice, a printed copy of which is hereto a attached, was published in said paper PREAMBLE: -- time(s), on the following WHEREAS, the Federal Aviatgi M 1iaiyration,(FAA) has, pursuantto•Federal Law. adoptc_ date(s): a comprehensive set of regulations goperr)ngpirpons,which regulatrofis pre-date Iowa City fi � rHJAirport Zoning Ordinance and are designed to prevent uses incompa(Mle with or constitutive/� �7/ �6 90 a hazard to aviation: and rar77 WHEREAS,the purpose of this ordinance is to codify and to provide forlocal enforcement of • the said FAA regulations; and WHEREAS, the FAA has approved a revised Airport Layout Plan (ALP), which ALP is incorporated into the revised Airport Zoning Map and airport overlay zone descriptions Legal Clerk contained herein BE IT ORDAINED BY THE CITY COUNCIL OF Ttte CRyve)r40w.&p%y,,IOWA. Subscribed and sworn to before me • ay.,,;, JJ}} SECTION 1, Thal Chapter 4 pl.the Code pf OrdinatehIpe ty.,oj)owa City,Iowa,entitled /'Z // "Airports and Aviation," is hereby amended'by repealing ,1pYyy V'Ahereof, entitled "Airport this 1V( _day of a— A.D. Zoning,"and by enacting in lieu thereof an amended Article T/io Toad as follows. q�j Turn to next page 19 (!/. . „,„ Notary Public - SHARON STUBBS aay- � ARTICLE V. AIRPORT ZONING Sec.4-71. Purpose. The purpose of this article, to be 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 municipalities under Chapter 329 of the Code otlowe(1989),and to codify existing regulations of the Federal Aviation Administration relating to Mand uses incompatible with or constituting a hazard to aviation at the Iowa City Municipal Airport. The city council of Iowa City and the board of supervisors of Johnson County find that airport • hazardsand incompatible uses would endanger the lives and property of users of the Iowa City Municipal Airport,as well as occupants of land and other persons in its-vicinity,and would also tend to impair the operation of the airport and the public investment therein;accordingly,each •municipality does hereby declare that: . (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury to those living in the community and 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 establishment of incompatible uses of land be prevented, and that this be accomplished, to the extent legally possible, by proper exercise of the police power. (c) The protection of lives and property,the prevention of the creation or establishment of airport hazards and incompatible uses,and the elimination,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 herein. (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are considered incompatible with airport operations, (e) It is highly desirable that there be no structures,natural objects,or traverseways which constitute or create a hazard within the airport clear zones; and (I) 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. Sec. 4-73. Definitions. The following definitions only apply in the interpretation and enforcement of the airport overlay zones: Airport The Iowa City Municipal Airport. Airport elevation: The highest point of the airport's useable landing area measured in feet above mean sea level.which elevation is established to be six hundred sixty-eight(668)feet. 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 in January 1989(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. 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. Airport master plana A comprehensive plan for development of the airport over a twenty-year time period. The master plan includes, among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the master plan,and recommendations for use of land on and adjacent to the airport. 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. Airport primary surface: A surface longitudinally centered on a runway which extends two hundred(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 planked 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 center line. Airport height: For the purpose of determining 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 specified. Inner edge: The inner boundary of an approach or clear zone which is located two hundred (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. Instrument runway: A runway with an existing instrument approach procedure or for which an p dr�lt . iu- �-r-w instrument approach procedure has been approved or planned. 3 O Light lane: An area on the approach end of a runway reserved for the installation of light bars 10 reduce landing minimums on instrument approaches, usually four hundred (400) feat by one thousand six hundred (1,600) feet.with a slope of fifty (50)to one(1). Minimum descent altitude: The lowest altitude, expressed in feet above moan sea level, to which descent is authorized on final approach or during cycle-to-land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided, as most recently established by publication by the FAA. Minimum enroute altitude: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes, as most recently established by publication by the FM. Minimum obstruction clearance altitude: The specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage within twenty-two (22) nautical miles of a VOR, as most recently established by publication by the FM. Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length. Visual runway: A runway Intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan oron any planningdocument submitted to the Federal Aviation Administration (FAA)by competent authority. Sec.4-74, Notification of proposed development (a) Any person who proposes any development of a height greater than an imaginary surface extending outward and upward at a slope of one hundred (100)to one for a horizontal distance of twenty thousand (20.000) feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed , form set (four (4) 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 I 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 Regulations,Section 77.13.) (b) EXCEPTION: No person is required to notify the FAA administrator 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, Section 77.15.) It shall be the responsibility of the appropriate building official,prier to issuance of a building permit for such object,to determine whether or not the shielding satisfies the foregoing requirements. Sec.4-75. Airport zones and air space height limitations. In order to carry out the provisions of this section,there are hereby created and established certain zones which are depicted on the airport overlay zoning map. The maps prepared by Howard R.Green Company,dated June 1988,and filed in the offices of the city clerk of Iowa City and the Johnson County auditor are heroby adopted,designated and declared to be the airport overlay zoning map for the Iowa City Municipal Airport. A structure located in more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a) Horizontal overlay(OH)zone. (1), Defined. The land lying under a horizontal plane one hundred fifty (150)feet above the established airport elevation,the perimeter of which is constructed by swinging arcs of ten thousand-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. The value will be the highest determined for either end of the runway. When a five thousand-foot arc is encompassed by tangents • connecting two (2) adjacent ton thousand-foot arcs,the five thousand-foot arc shall be disregarded on the construction of the perimeter or the horizontal surface) (2) Height limitation. No structure, except as herein provided, shall extend one hundred fifty (150)feet above the established airport elevation 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. (I) 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 twenty(20) to one for a horizontal distance of four thousand(4,000)feet. (2) Height limitation. No structure, except as herein provided, shall penetrate the .� -conical surface in the OC zone as depicted on the airport overlay zoning map. (� �d - /U-25/471 (3) Use lirnifation. Sanitary landfills shall not be permitted in the OC zone. i 7-/ 7 c7 (c) Approach overlay(OA)zone. ' O (1) Defined. The land lying 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 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 theapproach surface is. 1. Five hundred (500)feet wide for runways 12, 17,30 and 35. 2. One thousand (1900) feet wide for runways 6 and 24. b. The outer edge of the approach surface is: 1. One thousand live hundred (1,500)feet wide for runways 12, 17, and 30. 2. Three thousand five hundred(3,5001 feet wide for runways 6 and 35. 3. Four thousand (4,000)feet wide for runway 24. c. The approach surface zone extends for a horizontal distance of. 1. Five thousand (5,000) feet at a slope of twenty (20) to one for runways 12, 17,and 30. 2. Ten thousand(10,000)feet at a slope of thirty-four(34)to one for runways 6,24,and 35. d. The light lane for runway 24 is four hundred (400) feet wide beginning at a point lour hundred ninety (490) feel southwesterly on the runway center line from the center of the end of the runway,pavement(including any and all paved safety areas),extending for a horizontal distance of one thousand six hundred(1,600)feet northeasterly at a slope of fifty(50)to one. (2) Height limitation. No structure, except as herein provided, 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. '(d) Clear overlay(OCL)zone. (1) Defined. The land lying under a surface longitudinally centered on the runway center line or extension thereof and described as follows, a. Runway 6- 1900 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement,and extending to the southwest on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,510 feet. b. Runway 12- 500 feet wide beginning at a point on the runway center line extended 200 feel out from the end of the pavement,and extending to the northwest on the extended center line for a distance of 1900 feet and widening uniformly to a width of 700 feet. c. Runway 17-500 feet wide beginning at a point 225 feet in(south)from the end of the pavement,and extending to the north on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. d. Runway 24- 1,000 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement,and extending to the northeast on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,425 feet. o. Runway 30-500 feet wide beginning at a point 275 feet in (northwest) from the edge of the pavement,and extending to the southeast on the extended centerline for a distance of 1,000 feet and widening uniformly • to a width of 700 feet. I. Runway 35-500 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the south on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,010 feet. (2) Height limitation. No structure,except as herein provided, shall penetrate the clear surface of the OCL zone, as depicted on the airport overlay zoning map. (3) Use limitations. No use, except as herein provided, shall be permitted in the OCL zone in which there is connected therewith a building which according to the 1988 Edition of the Uniform Building Code,has an occupancy rating of fifty (50)square feet of floor area per person or less. In addition,the following uses shaft not be permitted, except as herein provided: a. Campgrounds. d - 70-i” b. Fairgrounds. g c. Hospitals and institutions. d. Motels and hotels. e Nursing and custodial home. I. Residential uses. 9. Restaurants and similar eating and drinking establishments. h. Schools,including nurseries, prekindergartens and kindergartens. i. Stadiums. j. Storage of(del or other hazardous materials. k. Theaters. I. Sanitary landfills. (e) Transitional overlay(O7)zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway center line and the runway center line extended at a slope o1 seven (7) to one 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, except as herein provided, 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 on the OT zone. Sec. 4-76. Use restrictions. In addition to the above restrictions on land,the following special requirements shall apply to properties within the airport zones described in Section 475 and shown on the Airport Zoning Map (a) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway,nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased. (b) Lighting (t) All lighting or illumination used in conjunction with streets,parking,signs or other uses of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over two hundred(200)feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administra- tion Advisory Circular 707460 and amendments (3) Any permit or variance granted by the airport board of adjustment 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. (c) No operations Irom any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft Sec. 4-77. Nonconformltles. (a) Defined. Any structure or portion thereof which does not conform to the provisions of this article 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 833160,or this article or subsequent amendments thereto,Is nonconforming. (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 as of the effective date of this article,or to otherwise interfere with the continuance of any nonconforming use. However, no preexisting nonconforming 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 originally 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 article and is completed within one year thereafter. (c) Marking and lighting. Notwithstanding the preceding provision of this section,the owner of any nonconforming structure or tree Is hereby required to permit the installation, 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. Sec. 4-78. Airport zoning commission, A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows. The airport zoning commission shall consist of live (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be selected by the city council of the City of Iowa City, Iowa, and one additional member to act Is chairman,who shall be selected by a maritally vole of the members selected by the board cW4Z- 7Cv-SYY-f. 477 of supervisors and city council. The terms of such members shall be as provided by Seeded 329.9 of the Iowa Code As required by Section 329.9 of the Iowa Code, such airport zonint. commission shall follow the procedures provided in Sections-414.4 and 414.6 of.the Iowa Code. - Sec. 4-79. Board of adjustment. An airport board of adjustment ('board') is hereby established as follows: The board shall censst of five (5) members, two(2) of whom shall be appointed by the board ofsupervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City. and one add.honal member to act as cha.rman 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. Sec. 4-80. Provisional modification. (a) Any person desiring to construct a structure or establish a use which exceeds or violates the height and/or use limitations for the airport overlay zones as provided in Section 4.75 may request a provisional modification of those regulations as heron provided. The appropriate building official may grant a request for provisional modification if the proposed structure or use: (1) Is not considered an airport hazard or an incompatible use by the Federal Aviation Administration; and (2) Will not result in the construction or establishment of a structure or use that raises the published minimum descent altitude for an instrument approach to any runway,or that causes any minimum obstruction clearance altitude or minimum enroute altitude to be increased, as determined by the FAA. (b) Persons requesting such a provisional modification shall file FM Form 74661 Twice ' of Proposed Construction or Alteration' in accordance with the notice provisions of Section 4.74, and the notice provisions of FAR Part 77.13. 11 the Federal Aviation Administration issues a determination that the proposed structure or use is not consistent with the provisions of (a)(1) and (2) above, the building official shat(deny such proposed modification to the height and/or use provisions contained in the airport overlay zones. Such denial shall not preclude an application for a special exception or variance to the airport board of adjustment,as provided in Sections 4-81 and 4-82. Sec. 4-81. Any structure which is deemed by the appropriate building official to be shielded, in accordance with the provisions of FAR Part 77.13 and Section 4.74(b) above, shall not be subject to the height restrictions contained herein, so long as the structure height doe,not exceed the height of the shielding structure. Sec.4-82. Special exceptions. (a) The height and use limitations contained in the airport overlay zones may be modified by special exception granted by the airport board of adjustment. However, nd such special exception shall be granted unless the board finds, based upon written determination from the Federal Aviation Administration and the aeronautics division of the Iowa Department of Transportation,that: (1) In en 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, as proposed,will not obstruct landing and take-ot1 of aircraft at the airport and will not constitute a hazard to aviation. (2) In the application to permit a use of land otherwise prohibited herein,lhat such use,as proposed will not be incompatible with airport operations and doesnot create/constitute a hazard. (b) An applicant for a special exception hereunder shall.as part of the application submitted to the board,lila the required written advice of the Federal Aviation Administration,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 determination has been issued. (c) In making its determination on an application for a special exception, the boar}shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. r (d) In making a determination on an application for a special exception as to use,where the structure has been determined to be shielded in accordance with Section 4'.81 of this Ordinance,written advice of the FAA and IDOT in regard to the proposed use shall not be required. 51r, 7O- 3 v 7 s' Sec.4-83, Variances. (a) Any person desiring to erect or increase the height of any structure, or to pern(,it the growth of any tree, or otherwise use properly In a manner which would constitute a violation 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,reliel granted would not be contrary to the public interest, but would do substantial 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 sublect 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 following: Any such' variance shall be subject to a requirement that the person requesting the variance, al 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 obstruction; 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 necessary to indicate to operators of aircraft the presences of an airport obstruction. (b) In making its determination on an application for a variance,the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport (c) Any appeal from the decision of the board of adjustment shall be in accordance with the provisions of Section 414.15 et seq.of the Iowa Code. Sec. 4-84, Administration and enforcement. The administration of those zoning regulations 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 representa- tives 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. Sec. 4-85. Equitable remedies. The City of Iowa City or the Iowa City 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. Sec.446. Conflicting regulations, In the event of any conflict between these 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 control. Sec.4-87. Prohibited acts. • - It shall be unlawful for any person to do any of the acts hereinafter stated unless a provisional modification,special exception,or variance from the provisions of these regulations shall have been granted. (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 [any) of these regulations for the zone or area where such act occurs,except as provided inihis Article. ' (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 two hundred (200)feet of the outer boundary of the airport as said boundary is shown on the airport eve{lay zoning map. (3) No person shall otherwise use property within a zone established by those regulations in violation of the use restrictions of these regulations,or in such a manner as to create an airport hazard as defined herein,except as provided in this Article. cyz,e %U-Jtit( 8 Sec.4-88. Penalties. - - - - Each violation of these regulations shall constitute a misdemeanor or a municipal Infraction, and shall be punishable as provided in Chapter I of this Code, Each day a violation occurs or continues to exist shall constitute a separate offense. , Seca. 4-89 and 4-90. Reserved. SECTION 2. SEVERA811JTY: If any section, provision or part of the Ordinance-shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validitrol the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 8. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. sSECTiON 4. -EFFECTIVE DATE: This Ordinance shall be in effect after its final,passage. . approval and publication as required by law. Passed and approved this 9th tiny or annu:i ry, 19911, OR • ATTEl4T: 24r r„ 'j1 '/v ; 9 CITY CLERK I U. 35049 • , danuety N,1990 ORDINANCE NO. 90-3456 AN ORDINANCE TO AMEND THE IOWA CITY CODE OF ORDINANCES, CHAPTER 32, °SUBDIVISION REGULATIONS', TO REQUIRE PREAPPUCATION CONFERENCES FOR PRELIMINARY PLATS. WHEREAS, the pattern of lots and streets in Iowa City affects the safety of the citizens of Iowa City; the proper and efficient provision of municipal services; ease of travel in the community; and the harmonious development of the community; and WHEREAS, it is In the public Interest to ensure that the patterns of lots and streets is appropriate to fulfill the needs of the community; and WHEREAS, this is best accomplished by working with the development community to assure the proper platting of land; and WHEREAS, it is in the best interests of all concerned to resolve subdivision design issues before considerable time and Investment has been made in a development project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA: SECTION I. AMENDMENT. That the Iowa City Code of Ordinances, Chapter 32,'Subdivision Regulations', Section 32- 26(a) is deleted and the following inserted in lieu thereof: (a) Whenever the owner of any tract or parcel of land within the corporate limits of the City or within two (2) miles thereof wishes to make a subdivision of the same, the owner or the owner's representative shall submit a concept.plan to the staff of the Department of Planning and Program Development for review prior to submission of a preliminary plat. The concept plan shall consist of a sketch of the proposed subdivision on approximated contours. After conferring with the staff on the concept plan, the owner or owner's representative shall submit to the City Clerk seven (7) copies of a preliminary plat for consideration. After the staff has reviewed the plat submitted, ten (10) revised copies of the plat shall be submitted for distribution to the Planning and Zoning Commission. SECTION II. REPEALER. All ordinances and parts of • ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of 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. • • I ' Ordinance No. 90-3456 Page 2 Passed and approved this 1st day of y, 1990. OR ATTEST: � e � CITY CLERK A roe1asmFam " Legal Department -i5/-9d • 11 It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick First Consideration 4/17/90 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 5/ 9/90 Moved by Courtney, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for final 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: Novick, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: Ambrisco. • // 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. 90-3456 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1st day of May , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 9th day of May , 19 90 Dated at Iowa City, Iowa, this 18thday of June ,19 90 Ramona Parrott, Deputy City Clerk OFFICIAL PUBLICATION Printer's fee B� OBouuaaE N0. 90-3656 • W ORDWAeeCE TO WEIS THE IOWA CITY CODE OF OHpA O1WRE11 da EH80NI&ON RE(Y1tATIDNS', CERTIFICATE OF PUBLICATION To tecawE PBGYK1CAPON CONFERENCES FOR. STATE OF IOWA. Johnson County, ss: PRELAVNARYruro WIEeew.Me Warn d m and edeeb in bee CAS THE IOWA CITY PRESS-CITIZEN rd dy °� W WIIposeionservices; relkie csrnfl,; end de harmonias desiopeot a ms WARM�.Y in Me putit Yeaaat to swim dal Me pawns kis and MC w amounts e to NM Ow needs d O N paadmwy:em igitti the I. WHEREAS.mla w bila Saw red wworkM Carol Barr, being duly sworn, say that I o-odtedmammy to assure dr prove,pang d land; am the legal clerk of the IOWA CITY ate "'In "°daside�aroa wNI concerned. : PRESS-CITIZEN, a newspaper w.e_rNNW eM been We in a dwdopnera poles NOW.THEREFORE.REIT CROWNED BY THE CRY published in said county, and that a coin OF THE COY OF IOWA CRY.JOHNSON COUMY. notice, a printed copy of which is hereto 1°"" LfNl. me law.ay Cede a attached, was published in said paper t K)K.K.°MidthpWe.0'"an0 • — la Wad end We PAWN;Ward in You deed: time's), on the following w WIMPS WMlym date(s): Weil we N .fadp.a « m n s thereof Manias to aha aawdytson of Its emma its sins or the WWII,ogrset$Ne Shall !/ Sant a oacep Rion to the SIM d NO Depanmea • �y y/7 !!!!/// a PIIeYnB end Riopan Development for renew' r6� /� 1 • W n umM+ aand rmed a e Witch nary Oa what .• PRO �subdiviion on appmdraed Won. F - meq nth de gal CO the caldeU plan �I/ / / t N Cay Wet or esw,(n Was d a pelvrane Vel wars fficaldellelive anal admit to jt / j//( i Fs Oryotesinera Ma Ma dad has Waned IN • W submitted lea(10)revised copes d pre plat Legal Clerk . he I y wa dromionto Ma Manning and Comminsa "_SCOTCH a BE9FALER Al arm and parts a Ordnance re WincesWincesWincesw comyq rah me ponnorwd nus Subscribed and sworn to before me llaie r.rapre RwwtnV a re/section.(WW1or'ped d the Ordnance MW be adjudged to be WNW a • , , / • ' Lowrowrm.t We egndu•3on SW nit a ted the validity this daybf / I^ . A.D. d Ma Wed O cl IX ° ut p°"e0°aPed Trend npl WOW Ds w Ordwice vta b be In as mead primal. r mY Panne•app I9 d. . / • / Maltedby Isla ' / f' Parsedsdepppwd dde la day of .di1990. Notary Public 21 SHARON STUBBSEjN. RTsr C440 May9,1990 5✓ ORDINANCE NO. 90-3447 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTIES LOCATED AT 1102 HOLLYWOOD BOULEVARD FROM RS-12 TO RM-44. WHEREAS, the subject property Is presently In an area shown in the Comprehensive Plan for the City of Iowa City as residential, at a density of 25 or more dwelling units per acre; and WHEREAS, three multi-family dwellings containing a total of 15 dwelling units have been developed on the subject property; and WHEREAS, the three muni-family dwellings were erected on the subject property In conformance with the Iowa City Zoning Ordinance then In effect; and WHEREAS, the subject property Is presently zoned RS- 12, High Density Single-family Residential, and the three existing multi-family residential dwellings are legal non- conforming uses; and WHEREAS, the current property owner has applied to rezone the entire parcel to RM-44, in order to make the dwellings conforming uses, which request is consistent with the present land use policy as stated in the Comprehensive Plan; and WHEREAS, the subject property is contiguous to existing developments which are zoned RS-12 and RM-44; and WHEREAS, in light of existing lower density uses abutting the subject property, it Is In the public interest to limit the extent to which the subject property could be developed or redeveloped, and to preserve and protect existing neighborhoods as provided by §414.5, Iowa Code; and WHEREAS, limiting the number of dwelling units on the subject property to the existing number is an appropriate way to protect abutting properties and preserve the existing neighborhood; and WHEREAS, the Applicant has agreed to take measures to protect the abutting properties and preserve the existing neighborhood, and acknowledges that one such measure Is to limit the number of dwelling units on the subject property to no more than the number of existing dwelling units, namely fifteen (15) units, all in accordance with the terms and conditions of a Conditional Zoning Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE FT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Subject to the terms and conditions of the Conditional Zoning Agreement and §414.5, Iowa Code, the property described below is hereby reclassified from its present classification of RS-12 to RM-44: Lot 1 and the west 20 feet of Lot 2 of Hollywood Manor, Part 1. SECTION II. ZONING MAP. 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 final passage, approval and publication of this ordinance as provided by law. Ordinance No. 90-3447 Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor Is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement, and to certify the Ordinance and Conditional Zoning Agreement for recordation In the Johnson County Recorder's Office. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. tf 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 20th day of February, 1990 /7 f -/ c OR /ATTEST: /���� vtiJ JJ Tti � CITY RK lipproveda� Form >id& Legal Department /— V %d It was moved by Courtney , and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X MCDONALD X NOVICK First consideration 1/23/90 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. Second consideration 2/6/90 Vote for passage: Ayes: McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson. Nays: None. Absent: None. Date published 2/28/90 02 CONDITIONAL ZONING AGREEMENT WHEREAS, William and Sherry Frantz are owners of the subject property located at 1102 Hollywood Boulevard in Iowa City, Iowa; and WHEREAS, the subject property is presently in an area shown in the Comprehensive Plan for the City of Iowa City as residential, at a density of 25 or more dwelling units per acre; and WHEREAS, three multi-family dwellings containing a total of 15 dwelling units presently exist on the subject property; and WHEREAS, the 15 dwelling units were constructed on the subject property in conformance with the Iowa City Zoning Ordinance then in effect; and WHEREAS, the subject property is presently zoned RS-12, a high density, single-family residential zone, and the three existing multiple-family dwellings are legal, non-conforming uses; and WHEREAS, the property owners have applied to rezone the entire parcel to RM-44, in order to make the dwelling units conforming uses, and this request is consistent with the present land use policy as stated in the Comprehensive Plan; and WHEREAS, the subject property is contiguous to existing developments which are zoned RS- 12 and RM-44; and WHEREAS, in light of existing lower density uses abutting the subject property, it is in the public interest to limit the extent to which the subject property could be developed or redeveloped, and to preserve and protect existing neighborhoods as provided by Section 414.5, Iowa Code (1989); and WHEREAS, the Applicants have agreed to take measures to protect the abutting properties and to preserve the existing neighborhood, and acknowledge that one such measure is to limit the number of dwelling units on the subject property to no more than the number of existing units, namely fifteen (15) units. NOW, THEREFORE, in consideration of their mutual promises, the parties agree as follows: 1. William Frantz and Sherry Frantz ("Frantz") are husband and wife, and are owners of the property located at 1102 Hollywood Boulevard, as owners in joint tenancy and not as tenants in common, which property is more particularly described as follows: Lot 1 and the west 20 feet of Lot 2 of Hollywood Manor, Part One ("Subject Property"). 2. The Subject Property is presently zoned RS-12, high density single-family residential, and contains three multi-family dwellings, for a total of fifteen (15) units. 2 3. At the time the three multiple family dwellings were constructed, the buildings were in conformance with applicable regulations, Including the Iowa City Zoning Ordinance. Parties acknowledge that under existing zoning law, the dwelling units enjoy non- conforming use status In the existing RS-12 zone. 4. The current update of the Comprehensive Plan for the City of Iowa City shows the Subject Property in an area designated generally for residential use at a density of 25 or more dwelling units per acre. Frantz has requested to rezone the Subject Property to RM-44 in order to make the 15 dwelling units conforming uses under the present Zoning Ordinance. 5. Parties acknowledge that rezoning the Subject Property to make the buildings conforming uses is reasonable in light of the current Comprehensive Plan and abutting property which is both zoned for and developed as RM-44 property. Parties further acknowledge that it is in the public interest to protect the public and to protect the abutting property presently zoned and developed for RS-12, and to protect the existing character of the neighborhood. 6. Parties acknowledge that the RM-44 zone would permit uses on the Subject Property that would go well beyond the residential character of the area, and allow fraternities, sororities, nursing homes, rooming houses and clubs, which are not permitted in the RS-12 zone. 7. Parties acknowledge that while the 15 dwelling units now existing on the Subject Property are consistent with the current comprehensive plan, it is nonetheless in the public interest to protect public needs, and to request the property owner to take measures to mitigate against adverse impacts that rezoning the Subject Property may have on the neighborhood and abutting properties, all as provided by Section 414.5, Iowa Code (1989). 8. Parties, therefore, acknowledge and agree that it is in the best interest of the public to protect the existing residential character of the neighborhood and to protect abutting property values, particularly those zoned RS-12, and that one such reasonable measure to protect abutting properties is to limit the number of dwelling units on the Subject Property to the existing number, or to no more than fifteen (15) dwelling units on the Subject Property being rezoned. 9. Frantz agrees and acknowledges that it is in the best interest of the public to protect the existing residential character of the neighborhood, and that one reasonable measure of such protection is to limit the number of dwelling units on Frantz's property to the existing number, or to no more than fifteen (15) dwelling units. 10. Frantz further acknowledges that in the event the Subject Property is transferred, sold, redeveloped, subdivided, divided, split, or in the event any or all of the existing three multi-family dwelling buildings are destroyed, there shall in no event be more than fifteen (15) dwelling units developed, redeveloped, constructed or reconstructed on the Subject Property. 3 11. Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land; that the Agreement shall, upon execution, be recorded In the Johnson County Recorder's Office; and that the Agreement shall, without further recitation, continue to be a covenant running In favor of the City on each and every portion of the Subject Property, unless or until released of record by the City. 12. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant Frantz from complying with all applicable local and state regulations, and Frantz acknowledges same. Dated this S day of 9.07Z,- , 1990. APPLICANT FRANTZ CITY OF IOWA CITY, IOWA By: G�X9i,;;. / '► By: William Frantz, Husban• John McDonald, Mayor ATTEST: By: \? 1 ft aitc; e) Sherry Fra , Wife Marian K. Karr, City Clerk OWNER OF SUBJECT PROPERTY IN JOINT TENANCY STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of January, 1990, before me, the undersigned, a Notary Public in and for said county and state, personally appeared William Frantz and Sherry Frantz, to me known to be husband and wife, and that they did execute the above agreement as their voluntary act and deed as owners of the subject property. ‘- �N• a Pub is in and r the State of Iowa LEGAL DEPARTMENT 5- 9, a, 4 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 20th day of February , 19 90 , before me, Gina Heick , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corpora- tion, by authority of its City Council, as contained in (Ordinance) (RL: ltttlblt) No. 90-3447 passed (II Riiiiitiffitfoii f by the City Council, under Roll Call No. of the City Council on the 20th day of February , 19 90 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. tivc. m . c\o«k . Notary Public in and for the State of Iowa a, CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50M STATE OF IOWA ) SS JOHNSON COUNTY • I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3447 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of February , 1990 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of February , 1990 Dated at Iowa City, Iowa, this 13th day of March ,19 90 'a 'na Parrott, Deputy City Clerk 1.11-1-ILIAL � •-- RL rum-it-Ai run . • . .^..•... •—^••—•• /"J _?` ORDINANtk NO- PO-344 T --. — a Conditional Zang Agreement a cow d s emached which ed troop AN ORDINANCE AMENDING THE ZONING ORDINANCE BY NOW THEREFORE. BE R ORDAINED BY THE CITY CHANGING THE USE REGULATIONS OF CERTAIN COUNCIL OF THE ETV OF IOWA CITY,IOWA'. PROPERTIES LOCATED Al 1102 HOLLYWOOD BOULEVARD cat sherd to the Una end torr ver d lipa,th FROM 15.12 TO RM-44. property Zoning Agreement and 4414.5,lona Code properly described below Is hasty rWaas ed from Its WHEREAS,the subtoct popery a paserny In an area present cla«eulon d RS-12 to RM-44. shown In me Camprehe awe Plan tor the Ory.a awe City as La 1 and the wast 20 Nm a La 2 a Haywood Manor, res,mrea at nvy a dea 25 a mare dwelling ung Per am' Pan 1. and aECnie 11. ZONING 10 The Tile Wading Medlar.a e City WHEREAS,three muiNamy dwerwgs cordoning a total authorized.l_ c and shaded to change To she Zoning Map d Me Cay of 15 ayelnng ones have been developed on the subjcl d Iowa Orly, rov to rd formpubs to the amendment upon find propane:and Pie. approval and publication Of the ordinance as WHEREAS,the three men-Iamiy dwanngs were now pwided by law. on the sulyaa popeny M conformance with the Iowa dry Zorurg Ordranzee ben b plea,and SECRON III. 444 arD W,ZONING AGREEMENTTM WHEREAS,the sugea property Is dowry zoned PS- Mayor Is hereby esseariold and dreaad to den and the Cdy 12, Hen Denny Smola-tangy RabenIle& end the three Oak to Mee,the Conditional Zama AgrWRarrl and to staging mWHama/ readout dwellings are legs non- caddy the Ordinance and CordaklW Zoning Agreement for cordorming uses.ab laceration In the Johnson Canty Recorders Offca WHEREAS the einem property oma has eppbad to SECTION N. REPEALER. At orMMas and pals d rezone the trice parcel to RM.44, In Oder to make the oranaW In mMYa well as wMbioe d the Ordnance me derange mrap,mrg uses which resume a consistent with hereby repealed me present let use alloalloym pea Cameraman*ed the Cameramna SECTION V. SEVEMBILI1% I and satin lawacc Cr purl Printer's fee S.14-51? Plan and d the Ordinate dee be by'dged to be Iwsel or WHEREAS.the sabred properly s magma to existing unconstitutional,limn alljYdtWen dbl not OW the validity developments whish we zoned RS-12 and RM-44,and of the Ordnance as a whole a any eeasa prweoJl or pmt CERTIFICATE OF PUBLICATION the WHEREAS. HEct props lga dexisting beer dmw"t ganga Mend not adjudged Invert Or ammmbintk bpd properly,I s w the public noes to limit be $ECRON Vt EFFECTIVE DATA. T-S Opi Steel be b moa-lo which ore swamp properly cob]be developed a rewired eed dem b fins pansega apparel and gG'kabl as STATE OF IOWA, Johnson County, ss: redeveloped. ea to dbyanm and edea dav,g req nn by low. reg WHEREAS es provided by 4414.5,tows coda and Peeved and approved the 20th day of February, THE IOWA CITY PRESS-CITIZEN WHEREAS totting the number or dwMIng dhn on lie 1990' y//,L;� to tool protect properlytoihoroiainemudosenva Oe Sae ang ,I ' V Il peep 0.abating I>opalien and ethane 1M Sang I[` .r/ nergWHEREA and WHEREAS, propentics agreedtopreserve massab TOR rPrameghb the aba:d t Para mid nesu h the raft I, Ole hen art umber of manelunns on at the sulea,rBga..re Mgr the mortem tuber Of t ,uses do the dwelling ueat popery sal more than at number a eaadng theTesend namely risen ATTEST. __ t45 Carol Barr, being duly sworn, say that I Gsi thea.nlmaccardonpevan rneremsand paMniareU b _ __ am the legal clerk of the IOWA CITY cONDmONAL ZONING AGREEMENT PRESS-CITIZEN; a newspaper published in said county, and that a WHEREAS, William and Sherry Frantz are owners of the subject property located at 1102 notice, a printed copy of which is hereto Hollywood Boulevard In Iowa City, Iowa;and . . attached, was published in said paper WHEREAS,the subject property Is presently In an aro shown In the Comprehensive Plan for time(s), on the following the City of Iowa City as residential,at a density of 2i Of more dwelling units par acts; and date(s): WHEREAS,three multi-family dwellings containing fatal of 15 dwelling units presently axial C/11141(,22-/oil, 4 90 on the subject property;and WHEREAS,the 15 dwelling units were constructed on the subject property In conformance with th/f',/'r �, e Iowa City Zubj Ordinance open then p effect; and LLL/�r WHEREAS, the subject property Is presently zoned 86.12, a high density, single-family residential zone,and the three existing multiple-family dwellings are legal,non cenlemling uses; Legal Clerk and k- WHEREAS,the property owners have applied to rezone the entire parcel too,In order Subscribed and sworn to before me to make the dwelling units conforming uses, and this request le conslatent will the present rt�iy, / land use policy as stated in the Comprehensive Plan;and this fa day of /'7lU.r�✓, A.D. WHEREAS,the subject property Is contiguous to existing developments which are zoned RS- 12,C and RM-44;end 1996 - WHEREAS, in light of existing lower density uses abutting the subject properly, It Is In the public interest to limit the extent to which the subject property could be developed or C €__ �8� redeveloped, and to preserve and protect existing neighborhoods as provided by Section !// af 414.5, Iowa Code(1989);and Notary Public WHEREAS,the Applicants have agreed to take measures to protect the abutting properties end to preserve the existing neighborhood,and acknowledge that one such measure Is to limit the • _ number of dwelling units en the subject psepeily 10 no more than the number of existing units, •`� ! rr namely fifteen(15) units. yw �'�a NOW,THEREFORE,In consideration of their mutual promises,the parties agree as follows: 1. William'Frantz and Sherry Frantz('Frantz"are husband end wife,and are owners of the property located at 1102 Hollywood Boulevard,as owners in joint tenancy and not as tenants in common,which property is more particularly described as follows: . Lod 1 and the west 20 feet of Lot 2 of Hollywood Manor, Part One , ('Subject Property'). • Y 2. The Subject Property Is presently zoned RS-12, high density single-family residential, and contains three multi-family dwellings,for a total of fifteen(15) units. 3. At the he the three multiple family dwellings were constructed,the buildings were in conlorr eS with applicable regulations, including the Iowa City Zoning Ordlnapce. Parties edge that under.existing zoning law, the dwelling units enjoy non- conformityg use status in the existing RS-12 zone. 4. The current update of the Comprehensive Plan for the City of Iowa City shows the Subject Property In an area designated generally for residential use at a density d 25 or more dwelling units per acre. Frantz has requested to rezone the Subject Property to RM-44 In order to make the 15 dwelling units conforming uses under the present Zoning Ordinance. w ga-tef. 90- 3 7 oZsfa� 5. Parties acknowledge that rezoning the Subject Property to make the buildings ccnfdrming uses is reasonable In light of the current Comprehensive Plan and abutting properly which is both zoned for and developed as RM-44 property. Parties further acknowledge that it Is in the public interest to protect the public and to protect the abutting property presently zoned and developed for RS•12,and to protect the existing character of the neighborhood. 6. Parties acknowledge that the RM-44 zone would permit uses on the Subject Property that would go well beyond the residential character of the area,and allow fraternities, sororities, nursing homes, rooming houses and clubs,which are not permitted in the RS-12 zone. 7. Parties acknowledge that while the 15 dwelling units now existing on the Subject Property are consistent with the current comprehensive plan, it is nonetheless in the public interest to protect public needs, and to request the property owner to take measures to mitigate against adverse impacts that rezoning the Subject Property may have on the neighborhood and abutting properties,all as provided by Section 4145, Iowa Code(1989). 8. Parties,therefore,acknowledge and agree that it is in the best Interest of the public to protect the existing residential character of the neighborhood and to protect abutting property values,particularly those zoned RS-12,and that one such reasonable measure to protect abutting properties Is to limit the number of dwelling units on the Subject .Property to the existing number, or to no more than fifteen(15) dwelling units on the Subject Property being rezoned. 9. Frantz agrees and acknowledges that it is in the best interest of the public to protect the existing residential character of the neighborhood, and that one reasonable measure of such protection Is to limit the number of dwelling units on Frantz's properly to the existing number,or to no more than fifteen (15)dwelling units. 10. Frantz further acknowledges that in the event the Subject Property is transferred,sold, redeveloped,subdivided,divided,split,or in the event any or all of the existing three multi-family dwelling buildings are destroyed, there shall in no event be more than fifteen(15)dwelling units developed,redeveloped,constructed or reconstructed on the Subject Property. 11. Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land;that the Agreement shall, upon execution,be recorded In the Johnsen'County Recorder's Office; and that the Agreement shall,without further recitation,continuo fo be a covenant running In favor of the City on each and every portion of the Subject Property,unless or until released of record by the City. 12. Nothing In this Conditional Zoning Agreement shall be construed to relieve the Applicant Frantz from complying with a0 applicable local and state regulations, end Frantz acknowledges same. Dated this 6 day of , 1990, 14731 February2a,1990 I ORDINANCE NO. 90-3448 ORDINANCE VACATING THE UNNAMED STREET LOCATED BETWEEN FOSTER ROAD AND TAFT SPEEDWAY, WEST OF DUBUQUE STREET. WHEREAS, the right-of-way described In Exhibit A attached hereto facilitates traffic circulation in the Peninsula Area by linking Foster Road and Taft Speedway; and WHEREAS, public utilities are located generally on the east and west sides of this right-of-way; and WHEREAS, no properties exclusively rely on this right-of- way for access; and WHEREAS, the owner of said tract of land Immediately east of the subject right-of-way proposes to subdivide the tract, to be known as Idyliwild Subdivision, and proposes to construct a north-south oriented street, to be known as Sage Street, approximately 130 feet east of the subject right-of-way; and WHEREAS, vacation of the unnamed street right-of-way would accommodate the development of a 20.8 acre tract of land, without any loss of access for the remaining areas; and WHEREAS, Sage Street, as proposed, would be capable of replacing the unnamed street as a roadway which facilitates traffic circulation In the Peninsula Area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. The City of Iowa City hereby finds that, upon construction of Sage Street, which Is the north- south street proposed within Idyliwild Subdivision and located approximately 130 feet east of the unnamed street right-of-way, that the unnamed street, generally located between Foster Road and Taft Speedway and more particularly described in Exhibit A attached hereto, no longer serves a public purpose and should be and hereby is vacated, subject to the following conditions: 1) approval of the final plat of Idyllwild Subdivision; 2) completion and acceptance of Sage Street; 3) obliteration of the unnamed street roadbed by the Idyliwild Subdivision developer; and 4) the City's reservation of any required utility easements. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of 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, and shall be recorded in the Johnson County Recorder's Office. Pa rd and approved this 20th day of February, 11 'OR ATTEST: Mgiu�r rc ) 4. i ) CITY CLERK p• -••• .s to Form r Legal Department Aer /— Ai 3 EXHIBIT A Commencing at the concrete monument with a brass cap purporting to mark the southeast corner of the NE1A of Section 4, Township 79 North, Range 6 West of the 5th P.M., thence North 9 degrees 21 minutes East, 85.4 feet to an iron pipe on the south line of Taft Speedway In Iowa City, Iowa; thence North 9 degrees 06 minutes West 60.00 feet to an Iron pipe on the north line of said Taft Speedway; thence North 80 degrees 41 minutes East, 1264.3 feet to an iron pipe on the north line of said Taft Speedway; thence South 88 degrees 37 minutes East 768.2 feet to an iron pipe at the intersection of the north line of Taft Speedway and the west line of Dubuque Street in Iowa City, Iowa; thence northwesterly 215.2 feet along a 769 foot radius curve concave southwesterly (the chord for this curve has alength of 214.52 feet and a bearing of North 43 degrees 09 minutes West); thence North 51 degrees 10 minutes West, 405.8 feet; thence North 58 degrees 45 minutes West, 257.1 feet to an iron pipe on the south line of Foster Road in Iowa City, Iowa; thence North 85 degrees 01 minutes West, 669.4 feet to an iron pipe on the south line of said Foster Road; thence North 84 degrees 38 minutes West, 691.5 feet to an iron pipe on the south line of the said Foster Road; thence South 81 degrees 14 minutes West, 225.7 feet to an iron pipe on the south line of Foster Road in Johnson County, Iowa; thence South 65 degrees 34 minutes West 506 feet to an iron pipe on the south line of said Foster Road which is the point of beginning; thence South 65 degrees 34 minutes West, 54.33 feet; thence South 1 degree 24 minutes East, 662.4 feet; thence North 69 degrees 41 minutes East, 52.88 feet; thence North 1 degree 24 minutes West 666.5 feet to the place of beginning. 3 It was moved by Larson , and seconded by Courtney that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X MCDONALD X NOVICK First consideration 1/23/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Second consideration 2/6/90 Vote for passage: Ayes: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: None. Date published 2/28/90 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5039 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. 90-3448 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of February , 1990 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the - 28th day of February , 1990 Dated at Iowa City, Iowa, this 13th day of March ,1990 max, cf •a .na Parrott, Deputy City C erk AI1! yes - 3ci-SLX • Printer's fecal* OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO, 90'-344' that the uaamed street, generally located otreveen Foster CERTIFICATE OF PUBLICATION ExhibeRosd rdTaaepeedwayanlond g., n bed In ORDINANCE VACATING THE UNNAMED STREET LOCATED and A l be end Immo,no longe gypose STATE OF IOWA. Johnson Count Ss: BETWEEN FOSTER ROAD AND TAFT SPEEDWAY,WEST OF end should be end hereby r.sera 'teaming County, DUBUQUE STREET. condaien: 1) approval of the final pfd '.11/11wdd lellon and aCceptance of ) THE IOWA CITY PRESS-CITIZEN WHEREAS,the rigmaway described m Exhibit A enacted obsbi arch nn of the;2) munamed street roadbed by Ine 'e Sleet 3d hereto facilitates traffic circulation in the Peninsula Ata by Subdivision developer;and 4)the Chy's reservation Of any linking Foster Road and Telt Speedway;and required utility easements. {� e � WHEREAS,pubic'utilities we located generally on the east SECTION II. REPEALER, All ordinances and a a at wee sides a this rigmcfa y;and ordinances In cordna with the provisions of the Ordlr�lca are WHEREAS,no properties mese*rely on this right-of. hereby repealed. a way for acce .end SECTION W- SEVERABILITY. a any section.provisioner pan I, WHEREAS,the owner or said Veal of land Immediately east of the Ordkeuihe shall be adjudged to be Inroad or Carol Barr, beingdulysworn, saythatI ot"w auoied ngm-efeey proposes to subdivide the tad,ID uncomm�4Lsue er+ +a4Jdicmble n shall not affect wakdiy he mond as layered Subdiebn,end proposes to conanud el the Oidauseal.aaa while or any section,proviseal‘yl pan am the legal clerk of the IOWA CITY a north-south oriented street to be krrovn es Sage Stree, thereof no adjudged awaid or unconstertionat approximaiey 130 feet east of the subject dgmof-way:and SECTION N Efeek1114 DATE. The Ordnance ship he In PRESS-CITIZEN, a newspaper WHEREAS,vac:eon of the unnamed street right-of-way enact akar re final'Waage, approval end publiWioh as would accommodate the development oa 20,0 acre tract of requled by law,and aid be recorded In the Johnson County published in said county, and that a rim,wimoteany lesaoaccess for deramaningareas;and Recorders Office. WHEREAS,Sage.Street as proposed,would be capable of ::•and approved DJs 20th day of Fabywry. notice, a printed copy of which is hereto replacing the unnamed erect es a roadway which facilitates 1/'D. attached, was published in said paper traffic cecdaionln the Peninsula AIM P P NOW. THEREFORE. BE R ORDAINED BY THE CITY - time(s), on the following COUNCIL OF THE CRY OF IOWA CITY,IOWA: AVOR SECTION I. VACATION. The City a Iowa City hereby finds date(s): that upon construction of Sage Street,which is the nonh- sordh street proposed within Idyawlld Subdivision end located ATTEST:__ ppr V-gl //�J �r aaimatey130 tet east ofMe unnamed sued lige-of-way. CITY C K - jele r� /� TQ EXHIBRA , Commencing at the concrete monument with a brass cap purporting to mark the southeast corner of the NE%of Section 4,Township 79-North, Range 6 West.of the 5th P.M.,Slone ww _ e North 9 degrees 21 minutes East,135.4 feet to an iron pipe on the south,line of Tari Speedway ,lii1w-1 Seal.L) in Iowa City,Iowa;thence North 9 degrees 06 minutes West 60.00 feet to an iron pipe on the 1 Clerk north line of said-raft Speedway;thence North 80 degrees 41 minutes Fast,1264.3 feet oto an Legalthe north line of said Taft-Speedway;thence South 88 degrreles 37 minute"East . 768.2 feet to an Iron pipe at the intersection of the north line of Taft SpSiway and the west Subscribed and sworn to before me line of Dubuque Street In Iowa City,Iowa;thence northwesterly 215.2 feet along a 7619 foot radium curve concave southwesterly(the chord for this curve has a length{fp 214.52 feat and fig,, 1 a bearing of North 43 degrees 09 minutes West);thence North 51 degrees 10 minute;West, this <a day of 9,141-�C/v7, A.D. 405.9 feet;thence Nbrth 58 degrees 45 minutes West,257.1 feet to an irolr"3#pe on the south • line of Foster Road in Iowa City, Iowa;thence North 85 degrees 01 minutetWest.6694 feet (' • to an Iron pipe on the south line of said Foster Road;thence North 84 deg.*38 minutes . 19 90. ' West,691.5 feet to an iron pipe on the.south line of the said Foster Road; metyls South 81 !� degrees 14 minutes West, 225,7 feet to an iron pipe on the south line of Fosek Road in C//��/ _J f_—./ _ Johnson County,Iowa;thence South 65 degrees 34 minutes West 506 feet to en Nen plfae on �// .Wes' F� J�-C•OC+� the south line of said Foster Road which is the point of beginning;thence South*degrees Notary Public 34 minutes West,54.33 feet;thence South 1 degree 24 minutes East,662.4 feettPsnce-North -69 degrees 41 minutes East,52.68 feet;thence North 1 degree 24 riagtetiVest 6684 het to I the place of beginning. r'Mr/\s C+.•;•e.,,._ . 14172 Fshruery24.1990 9 rry,S G /t ORDINANCE NO. 90-3449 AN ORDINANCE TO CHANGE THE SPELLING OF SANTE FE DRIVE TO.SANTA FE DRIVE WHEREAS,the final plat of Southwest Estates Subdivision, Part Four, was approved by the City of Iowa City on June 28, 1988; and WHEREAS, the public street, Sante Fe Drive, which was • dedicated to the City of Iowa City with the Subdivision of Southwest Estates Subdivision, Part Four, is incorrectly spelled; and WHEREAS, the Subdivider of Southwest Estates Subdivisions has requested that the spelling of Sante Fe Drive, platted in Southwest Estates Subdivision, Part Four, be changed to reflect the correct spelling, namely °Santa Fe Drive'. WHEREAS,state law provides that names of platted street may be changed by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. NAME CHANGE. That the name of the public street, Sante Fe Drive, previously platted and dedicated to the City of Iowa City with the Subdivision of Southwest Estates Subdivision, Part Four, be and hereby is changed to°Santa Fe Drive'. SECTION II. RECORDATION. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication of this Ordinance,as provided by law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not,adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of March, 1990. ecaadtaC AYOR /J ATTEST: r.1.4) CITY RK • Approved as to Form CC lis.+, -may L'egal Department ye It was moved by Courtney and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration Vote for passage: Second Consideration 2/20/90 Vote for Passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. Date published March 28, 1990 Moved by Larson, seconded by Horowitz, 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 be waived and the ordinance be given second consideration at this time. Ayes: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: None. `4 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA ClY, 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. 90-3449 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of March , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of March , 19 90 Dated at Iowa City, Iowa, this 9th day of April ,19 90 zdy (-Piga amona Parrott, Deputy City Clerk • • Printer's fee S/' Q/9" OFF ICTAL PUBLICATION CERTIFICATE OF PUBLICATION ,PRO. CA STATE OF IOWA, Johnson County, ss: AN OR corowMANCE TO OHANOELHEfP�!�Q THE IOWA CITY PRESS-CITIZEN of SAME FE ORNE TO BANTAFE�A'''1 Veen%mans pi aBooete �,w'.11001. NOW,Ma Wasted q Cay Of fon taae;Bed weet Sena Fe Des Vlach wee l4Mial le bS.dM y o• dedicated b at Caya IoM tgamer 6a nine, Carol S0 YM ! Watts 6ubdNlvm. Pan roe.. a ar'nepM I� Spitand WHERE Carol Barr, being duly sworn, say that I ��does�t eaeceubdMda o IF•°"' 01 Gootatist Even am the legal clerk of the IOWA CITY ,,,;"cal ep ng. M m`.N� Fo PRESS-CITIZEN, a newspaper Drive Wmous,aao Ore gw'am0 WWI a peed WM published in said county, and that a ape . THEREFORE.noA notice, a printed copyof which is hereto NOW. THEREFORE rt ORDAINED 9Y 5HE cm COUNCIL OF THE CITY OF IOWA CITY.IOWA. c AuOE. ma el IMV a r t ak attached, was published in said paper sccnoprem Sane Fa P'oalmW Pica and OSSA to Pe a am Lay wan IN Subdrvdm a soma*Eatd� —71 time(s), on the following Coyal PM Four,be ad horsey Hanged loSame meFe date(s): O�'RON Mn RECOROATIOn. The l b Clerk is Morn sundered end directed to seal•can /11... me County Recaddance Camay,Ina Won INN �i i / a ana, paaop.end p,blicalon a tItOrdnance.ea gown'by law ON II REPEALER. All ordinancesOO,d5pea u� ad:ream O waft Me wPomo a of the ratealrei ames Cm:Waste�W M be ina Mabridged to eeany seuon.pf oaten l a �lf��i� cud,acpudWO"WS ba net h vary ic "`� ci the rdwaa as a%/We a aM esM. 'I/,be a Wt temea nt edFnr Fa>cml_pAa nao.-td V'SMnV Legal Clerk sE sler anal passage,emote(ted rctrrwoA as lea ponied by Wpgoedmi 210 day .1 earth, Subscribed and sworn to before me 90. thiss tday of l , A.D. • ow 19 90 I�I A E6T Ce_it-4-0.,C 05367 March2S,1990 Notary Public SHARON STUBBS C'cd - �jc L- ORDINANCE NO. 90-34 50 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF A PORTION OF PROPERTY, GENERALLY BOUNDED BY FOSTER ROAD TO THE NORTH, DUBUQUE STREET TO THE EAST, THE IOWA RIVER TO THE SOUTH, AND ALSO INCLUDING PROPERTY WEST OF AN UNNAMED STREET BETWEEN TAFT SPEEDWAY AND FOSTER ROAD, FROM RS-8 TO RS-5. WHEREAS, a portion of the area west of Dubuque Street between Foster Road and the Iowa River, Including the Taft Speedway area, is better suited for low density, single-family residential development because of Its elevation and proximity to the river; and WHEREAS,the 1989 Update of the Comprehensive Plan for the City of Iowa City, Iowa views this area as appropriate for development of single-family residential purposes; and WHEREAS, rezoning a portion of this area to RS-5, specifically Tracts 2 and 3 as shown on Exhibit A attached hereto, is consistent with the Comprehensive Plan, and would carry out the intent of the Plan; and WHEREAS, RS-5 zoning designation is consistent with the land use policies for the subject properties, including use for religious institutions, which Is an existing use in Tract 2 of the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF IOWA CiTY, IOWA: SECTION I. ZONING AMENDMENT. The properties generally described above and specifically identified as Tracts 2 and 3 as shown on Exhibit A attached hereto and incorporated herein by reference, are hereby reclassified from their present classification of RS-8 to RS-5. SECTION II. ZONING MAP. 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 final passage, approval and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certiy a copy of this ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa 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 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. P-- and approved this 3rd day of April, 199I`. 411 •R ATTEST: 7�(p v_, 2 75 • CiTY (ARK Approved as to Form egal Department e c2 -/- 90 It was moved by Larson and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz x Kubby _ Larson McDonald x Novick First Consideration 2/20/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration 3/20/90 Vote for Passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Courtney. Nays: None. Absent: Ambrisco. Date published 4/11/90 C A I-1 1 0 1 1 - !1 Peninsula Rezoning RS - 8 to RS-5 .2_/ _94 ____ _____/, ._. v . 11 . •••••401.• .8 .8 A 1 I•••• . et 8. o. . \\ P.Iline �` RFBH _ N 4.0 li RM \ ' L .410:to • 'Rs\ _ • -� ge R M sy��.... .rye e • ID-RS 12 I12 * mo- RM 2 • v ad ~ ~ 4 P'' ---.s.4..._ , 0 ` - ',..„..l • Ytt.L ►i.it 004 N Rezoning Application , RS-8 to RS-5 i110 ' #a ;%4 :) )‘. r ilk litittkolops• - --INN � si m hill iirom ei ■ luau Alii LI , zu JA'.41L$V Z . -- - :■i-Q._pERi'tiIf , , 11. -(...„‘;4; i•-'N.6-.-1V.1. �• -- -- enfaoimsl1loiauW nr1at1.l .--. i.a1i.l. 91 gs # . 4.1217ar _Qi_ate C- . sin_ . ,. - -- mg.- E •4 ■ -Ili .vilm :- mFivo nil iSI `:� I ,4 // IRI: 11- 11� — — _� ~- �. 1'N1111 i�=s= ►yj ,i , / ..a, till , ' 1111 ` • �.� �' OP#4 Oe 1111! 1 '��lj,.. 111 !.-• � ... � &1 � _, _ ?, 111111111! of o/gm = esuit kilt. I +' _ -Twinger►, / ,' EMI VIII: 1 it 41= 1M_- 111 11 �� '�1. , / / I i [ 1 1 ■IfR 1111 I ..t►/el Ai. 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. 90-3450 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of April , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of April , 19 90 Dated at Iowa City, Iowa, thisllth day of May ,19 90 l 'a"".na Parrott, Deputy City Clerk OFFICIALPUBLICATION OFFICIAL PUBLICATION 90-3450 by reference. are hereby mmthen present horn aaent ORDINANCE N0. tlsYelflT a.aeY Y PS'S Y hereUV ORDINANCE BY SECTION A ZONNG MAP.The y11YGry CHAINANGE EUSEAMENDING THE REGULATIONS aalwated and directed to change the woke/ CHAN GENERALLY EBOUNDED SYF FOSTER ROAD TO of Iowa Cay.Iowa l0 conform to the Won final PRO DUBUQUE STREET TO THE EAST.THE IOWA Pasaa90. approval and pubcatldn of IN THE stead by law aS SECTON 111. CERTFIG1nON AND RECORDING. The City RIVERWEST AN THEDFOS.AND ALSO FROM INCLUDING PROPERTY Cloth is ready ardhaaedad dr0.lBd mbprm/acopyofthe SPEEDWAY AND FOSTER EROAD,D mFROM PSB ERSSAFT mimeos*Teti shall be recorded a the Once the County _ /1Re=order of Johnson County.Iowa. a LCL y WHEREAS.a portona d the area west 0I cl d ing t snp SECTION ry REPEALER. All Sana , Printer's fee��J C Speedseen Festal Road lard the IowarPivot. old, Includinganey Tall �lnanass m coned with the p'Noloas a ere Speedway area.s Peter suited d As els#ron and P rmM Sar repealed. or pan resdenlial derebp9�M"causere ervwABllliY_ eem/sechon.0 CERTIFICATE OF PUBLICATION to me McCm,'a:and unconstitutional Int unas anal) m iosdall t ee as br WHEREAS,the loos Updae o the Compreherewe Plan for theD such adjudication adjudged shall NI be ire hdeM the c, 0r Ione CM.Iowa Hexa lane area as applWnare for p theSoas a Wide a any se'n t Meech'Or Pad STATE OF IOWA, Johnson County, ss: d w masa,glatar, porton of purposes oto tweetarwd9ad eOron 4151nelaw` m WHEREAT, rs en a Potion d this 0a to FIS-5, ECTOtl E FECDV'E DATE. ma Ordhancre Natant THE IOWA CITY PRESS-CITIZEN spepn:SyTrew 2 end 3 m anwoh on EFPrM A woad oro after nor firs passage. aapmal and p�pyo/�eprl co y0.ny t CM53fan lwan In Me n and alrsrve Pa and waWO reguree by law. raWHEREre,RS- z Ins Pian,and he Passed and approved las 3rd d.iv of April, WHEREAS, locating bect prope_ including use lfar SND. land use policies Ila Me subject Existing use In Trap 2 d the a I, sebleCt Pronely AWN NOW, THEREFORE. BE R ORDAINED BY THE CITY / / Carol Barr, being duly sworn, say that I 5°�0L°ZTHE CITY O`F IOWA IOWA 90 '0A1' am the legal clerk of the IOWA CITY dae0^oad=°�� a'"°Ommed�Ti.pazady ATTEST D' ee Shawn on Esher A 61acned Melo are rncOrdaYed home PRESS-CITIZEN, a newspaperLERK • EXHIBIT A published in said county, and that a . . notice, a printed copy of which is hereto Peninsula Rezoningattached, was published in said paper RS-S to RS-5 7. , :7:ii-Joils—� time(s), on the following „ - .11....:41. : %date(s): � �y RFBH Lr • Legal Clerk /!Rs 1��{y !(' Subscribed and sworn to before me ):\ a � — RM]. thisay of /1/17 , A.D. V Is9d . .A ' 6 ✓T' ❑Rezoning ApPlicat trsia 7,-. 0.00 �' ,h—"C V � RSI to RS ���,��� �� O Q f V,aa Notary Public RI•��C•��li $$$ �p���� AtmC 14 is �iet0w'r1_f SHARON STUBBS /11111111 S�:`a.— El ,. in. II tn _ '; war': .111 1I1I11■RI1■ilix11111- .. -- 14114, �■■•1. OM Ona / 1 i O.El Lt4 LIE 227s1 ! �\�C d:IY s ric n2`=, a i� / mill EIQ � ini 31.7 . r' ylpllx , '� i�' —n airs -Winn IIIIIIIIInia ! e e: # �w ill�lii �E:, ai�_F� 1 . �,a_ _ v-_• � ova. IML>O ! 't •ail W `r y_ _ �`am nn l `�■� I( ' . n n `f 05794 April 11,199 / Y OSOk DaJK_. ORDINANCE NO. 90-3451 ORDINANCE AMENDING CHAPTER 32.1, ENTITLED 'TAXATION AND REVENUES' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-65 TO ADJUST CERTAIN FEES FOR USE OF SWIMMING POOLS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF IOWA CiTY, IOWA: SECTION 1. That Chapter 32.1, Taxation and Revenues' of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same Is hereby amended by repealing Section 32.1-65, and enacting In lieu thereof a new section to be codified the same to read as follows: (b) Sec. 25-37. Fees for use of recreation facilities: 1. Racquetball Court -$2.50/hour 2. Swimming Pools Youth Adult DAILY ADMISSIONS j3-15 Yrs.. (16+ yrs.) All City Pools $ .75 $ 1.50 20-punch swim card (20 admissions) $12.75 $25.50 Children under 3 years of age are admitted free. SWIM PASSES* Annual Summer Family (maximum of 4 people) $145.00 $80.00 Adult 90.00 50.00 Youth 55.00 30.00 Additional family members: 1st Additional 27.50 15.00 2nd & Each Additional 13.75 7.50 Prorated fees are available at certain times during the fiscal year. *Non-residents of Iowa City add 50%. SECTION 2. SEVERABILITY. If any section of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain In full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 3. REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be In full force and effect from and after its final passage and publication by law. Passed and approved this 3rd day of April, YOR ATTEST: 4a c) k 7C y CITY C RK Approved to Form Legal Department - 1f— 1`0 In It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz x Kubby x Larson _t}� McDonald x Novick First Consideration 1/20/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Courtney, Horowitz. Nays: None. Absent: Ambrisco. Second Consideration Vote for Passage: Date published 4/3/90 Moved by Courtney, seconded by Horowitz, 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 given second consider- ation at this time. Ayes: Larson, McDonald, Ambrisco, Courtney, Horowitz, Kubby. Nays: None. Absent: Novick. /,. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA OW, 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. 90-3451 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of April , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of April , 19 90 Dated at Iowa City, Iowa, this 11th day of May ,1990 . 4w / Parrott, Deputy City Clerk • • Printer's fee E, ,14 OFFICIAL PUBLICATION • CERTIFICATE OF PUBLICATION ORDNUNCENO. 90-3451 STATE OF IOWA, Johnson County, ss: ORWNANCE AMENDING CHAPTER 321, ENTITLED *TAXATION AND REVENUES' OF THE CODE- OF THE IOWA CITY PRESS-CITIZEN ORDINANCES OF THE CRY OF IOWA Gay IOWA, BY AMENDING SECTION 321-65 TO ADJUST CERTAIN FEES FOR USE OF SWIMMING POOLS. NOW, THEREFORE, BE R ORDAINED BY THE COY -COUNOL OFTHE CRY OF IOWA CRY,IOWA: I, Me eojora eaw',yoIow9and R d• 91e axe Is hereby emended.by or Iowa Section 145, Carol Barr, being duly sworn, say that I ansalr hilieug1aredsweera,W„robe codified Me• am the legal clerk of the IOWA CITY same to teed aa follows: sPRESS-CITIZEN, a newspaper 1.RecouuMo°ll Court-12.5ies tor ime of vAfBd1°Ne 0mrwr published in said county, and that a z; O mg Pools v5 AM notice, a printed copy of which is hereto MI yoADMISSIONS $.73 3 J's;so 1 attached, was published in said paper 20sunch swim car (20 admissions) 51275 $3550 time(s), on the following Children under 3years aage ate minted free. date(s): SWIM PASSES. • .. Annual Summer Fames(m0)tnum • d 4 people) 5145.130 580.00 dliAdult90-00 50.00 Youth 90-00 3400 �•- Additional faintly members: isf Additional 9.50 15.00 3,d 8 Each Addhlonal 1315 7:50 4,/,-.9(ediaJ--***( J mere mama Olddn*TIM during the fiscalLegal Clerk Ncoweideres a lova Cay add 50%. g SECTION2. SEVERABILItY. a any section of the paalelons a lN9 Ordnanceare for any reason decWed Siegel or VEM. , Ben the Iaeful orENMdr6 a this Ordcnance. .mid, am P Subscribed and sworn to before me swerallehom saideffethe same ns,orand remain e curtained no megaor provisions. vprovisions.1` � SECTION 3 REPEALER Al ordinance's NW perm a thisa .day of , A.D. adeancesm confect wnnmep,onsipmaMs Ordinance we hereby rapeseed. • SECoON A EFFECTIVE DATE This Ordinance shall be In• G ISI torte and allied from and tiler b Ms p sage and p, la bnCeikn by lax. Pusad and approved this 3rd.day of April, 19 , a&.kh Notary Public OR SHARON STUBBS OTT-T,� ATTEST: 7nO • 05795 o.,.J-X y?'44) CLERKApril I1,1990 ORDINANCE NO. 90-3452 AN ORDINANCE TO ADOPT THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 1990, AKA 'CITY CODE.' WHEREAS, Section 380.8 of the Code of Iowa, 1989, requires that at least once every five years a city shall compile a code of ordinances; and, WHEREAS, a revised and amended compilation of the general ordinances of the City of Iowa City was adopted as the'Municipal Code City of Iowa City. Iowa. 1980'on June 24, 1980; and, WHEREAS, if a proposed code of ordinances contains only �Y existing ordinances which have been edited and compiled without substantive changes,the council may adopt such code without notice or public hearing; and, • WHEREAS, it is now appropriate to adopt a code of compiled and existing ordinances under the statute; without any substantive changes proposed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a code of ordinances,containing only the current and existing ordinances edited and compiled without change In substance, shall be and hereby is adopted as Code of Ordinances of Iowa City, Iowa. 1990, aka 'City Code' Passed and approved this 3rd day of April 1990. • YOR _ ATTEST: 44cc4.6) �C . 24n J CITY RK Approvt 9 to Form • Legal Department /s %4 It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Balmer Courtney _a_ Horowitz Kubby Larson x McDonald First Consideration 3/20/90 Vote for passage: Ayes: Larson, McDonald, Novick, Courtney, Horowitz, Kubby. Nays: None. Absent: Ambrisco. Second Consideration Vote for passage: Date published 4/11/90 Moved by Courtney, seconded by Horowitz, 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, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: Novick. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5o 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. 90-3452 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of April , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of April , 19 90 Dated at Iowa City, Iowa, this llthday of May ,19 90 • -7,4 / if/4W amo a Parrott, Deputy City Clerk Printer's(ee k e CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County, ss: THE IOWA CITY PRESS-CITIZEN • OFFICIAL PUBLICATION ORDINANCE NO. 90-3452 AN ORDINANCE TO MOR 114E CODE OF OFT/ICES OF I, THEfIY OF IOWA CITY.IOWA,1900,MS y,'�Fr CODE.' Carol Barr, being duly sworn, say that I bo � ve�rye tom et woechall compileo am the legal clerk of the IOWA CITY eolp9ex ordinances.ana, PRESS-CITIZEN, a newspaper WERE*general ��.,dthe City ed and " 'Ciy.. adocalalatkel apted published in said county, and that a "° - W - °""iw2e• notice, a printed copy of which is hereto REAS,IaAoWaec•-• • ordinances Mae=co artnacea viNCR • eaeaa enc=naiad attached, was published in said paper w oea w�.xa.mrm. / time(s), on the following ;°Is now , It;Soot „ r, date(s): compiled and sating ••! . vgeriae eau*whine any etWaan changes.... 2 / NOW. THEREFORE, B GROANED BY TFIE CRY ,/ /*9Q COUNCIL OF INE CRY OF MAnCtruA lata coos ct l/ `C(/�•,•/X (/ aced and cothotAnly c wA In u tanCe,*e I be / edited n*compiledi adopt Without r in senarce.;wa t and I,n9bI b as'City a®CaneSediments a was CM lows,1e90,and approved eCdOa.• vsaeea,a eppwm VW ad day of poral ` ' 1990. Legal Clerk MACSubscribed and sworn to before me ATTEST:/46 ERoi..,..J 'i(/ "P ClCITYI thisday of �, A.D. 05793 ApriIT1,1990 19�D Notary Public SHARON STUBBS ORDINANCE NO. 90-3453 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF A CERTAIN PROPERTY LOCATED AT 114 S. FIRST AVENUE FROM P TO RS-5. WHEREAS, the subject property was sold by a governmental agency, the Iowa City Community School District, in June 1986 to a private individual, Irene V. Pelsang; and WHEREAS,the Public(P) Zone designation for the one acre parcel has remained unchanged although the Zoning Ordinance Section 36-30(g)(1) specifies that a buyer or a transferee other than a governmental body must submit an application to the City for a rezoning to a zone other than the Public (P) Zone; and WHEREAS, the present zoning (P) of the subject property allows only a public use of the land, and therefore, it cannot be used for any use by a private property owner until it is rezoned; and WHEREAS, single-family homes have developed in the RS- 5, Low Density Single-Family Residential Zone to the north, east and south of this property, and WHEREAS, the Comprehensive Plan indicates that current land use in this east area of Iowa City is predominantly single- family residential and continued residential uses are projected throughout the area; and WHEREAS, rezoning the subject tract to RS-5 would be in conformance with the Comprehensive Plan and consistent with the single-family residential zoning of surrounding privately- owned property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. As provided in Section 414.5, Iowa Code, the property known as 114 S. First Avenue and legally described below is hereby rezoned from its present classification of P to RS-5: One acre in the northwest corner of the southwest quarter of the southwest quarter of Section 12, Township 79 North, Range 6 West of the 5th P.M., said one acre tract being located at the southeast corner of the intersection of Washington Street and First Avenue in Iowa City, Iowa, and measuring 208.3 feet, more or less, north and south and measuring 210 feet, more or less, east and west. SECTION II. ZONING MAP. 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 final passage, approval and publication of this Ordinance as provided by law. SECTION III. ORDINANCE AMENDMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest and to certify the Ordinance amendment for recordation in the Johnson County Recorder's Office. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. 90-3453 Page 2 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 17th day of April, 19.0. / .1 /%AYOR ATTEST: ? QA ? J 7�. CI LERK App ved to Form .,./?.. .N 11 r" Legal Department — /5l 9� R It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby Larson McDonald x Novick First Consideration 4/3/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco. Nays: None. Absent: Novick. Second Consideration Vote for Passage: Date published 4/25/90 Moved by Courtney, seconded by Horowitz, 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: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. Nays: None. Absent: None. A CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA OW, IOWA 52240 (319) 356-5CCO STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3453 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of April , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of April , 19 90 Dated at Iowa City, Iowa, this llthday of May ,1990 � :. Lg 'am.na Parrott, Deputy City Clerk :. OFFICIALPUBLICATION I '.4 •/• OeIORUaIE NO. 90-31.59.., Apr OAR ORDNANCE AMENDING TME ZONING OPdNANCE BY nOPOaIG THE USEE REGULATIONS OF A CERTAIN • PROPERTYLOCATE)AT 1143 FIRST AVENUE FROM P TO Printer's fee S/64...4w, -5. P.gownusented agency. the a cwaaalRaaaremav School CERTIFICATE OF PUBLICATION In.R✓r•19Blle•pNdvk & oteInuaIr nV.Penang: • a STATE OF IOWA. Johnson County. ss: WHEREthe Zone deetim%''a'la the on acre •parcel hrerpaed-unchanged arena yl the Zoning THE IOWA CITY PRESS-CITIZEN Toma,Ma SS 36ax2)(1) Wearies that A toyer a a • • a transferee oilier then•governmental bcdy mat submit an Wawa-Won to the cly for a rezoning to ozone other then the , WHEREAS, Anent zoning(P)Cl the Subject property ,: glove oj•pubic use a me lend,and meldae•n canna te reed to ery we ty•prtste property awns until a s I' rezonect owl ayngyla Iy tames tae oasts In ire RB- Carol Barr, being duly sworn, say that I s,Los Density Slrgefertry Residential Zone to the north, am the legal clerk of the IOWA CITY i-ow ow south a Ole "re°""'aA' g • •,T WlM S,t e Compete nsNaPlen Int ates that current PRESS-CITIZEN, a newspaper ( °'aOry is ° ntly ample- ( projected published in said county, and that a AS. e;endrennin masumatoR-awometn notice, a printed copy of which is hereto contpnrcewtthe canper tsbaPlanemconhsentwall • attached, was published in said paper _t I dwl I tuning d surrounding pond* _ 4/ time(s), on the following eters pro arty. ORE• 6E n ORpMNED Br THE CITY COUNCIL'OF THE CITY OF IOWA CITY.IOWA: date(s): Teel I. As pw.Ced in Section 414.5•Owe Co*me 'I-property known ere 114 S.Fest Avenue em legal described ;ti Wrow Rer•Ly rezoned fromn minim daeai4cabon d P to � , � s /y 9e a. : . l ..t.OM cram the nova..eel cone of the aofl.es1 quasar..I '.0-1011 eaArww quarter d Section 12 Tprtarlp 79 {w 'ASK Range Mete of the kit P.M..,sah era acre It • tang Mead ei the southeast corner el the Intersection ///� .tt d Wsednpon Soak end FLM Avenue Si lows Cat.lora, Ste Se� - w!raeawnLhg 210 f el, more or tees roti and eaten L• L/`\/// mltl measuring 210 N mare or ion, no end whet A ZONNOMAP. The 1111101119 investor Is hereby /macaw and dirtiedGlove toGlove the Zoning Map el the Cdy Legal Clerk ,. of Lon ay.to to conform to cols mn.raman upon bid t passage. approval end puhticmlon of the Ordinance as neo IN lay. Subscribed and sworn to before me I •gFcnon m ORDINANCE AMENDMENT. The Mayor Is h hereby Whomed Said Queued tnelgri and the Cay Clea to set and to pay the Ominance ernerramee for recordation Inthe non County Recorders Mai r dMgiECTION N. REPEALER. Ag ordnote and pens d tri day of , A.D. _adrnenoee WIn ooftsct war the provisions of Ns onlinance are booty repSYad I RY FSECRON V. SEVERABR . II sty ssection prows (on or part 'Si.the Ordinance shall te edludged le be invalid a I9 AlpccMhwam•ooh adjudication all Tal tact the vagary of lir Ordlnence ere a whde or any eallort povidon a pat thereof root adjudged id a ucawM aonel _I •/�..j. _! I Maid RS CI1ON W EFFECnu%DATE TN Ornice shell be In •tact eater Its fond passage, eppmvd and pu1vn Be _ Notary Public :-recta*by las. - Paned end approved tee 17th day of April. 1 0.l. SHARON STUBBS , YGR u 7ATTEST:1/1Yde/ee) 'ti. ✓ -05356 April 25,1990 . t • • I ORDINANCE NO, 90-3454 ORDINANCE AMENDING CHAPTER 26, PEDDLERS AND SOUCITORS, OF THE IOWA CITY CODE OF ORDINANCES BY REPEALING SECTIONS 26-1 AND 26-22, AND ADOPTING NEW SECTIONS IN LIEU THEREOF. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Iowa City Code of Ordinances should be and Is hereby amended by repealing the language of Chapter 26, Sections 26-1 and 26-22, in their entirety, and substituting the following language: Sec. 26-1. Definitions. For the purposes of this chapter, the following terms shall have the definitions hereinafter set out: City license officer is the city clerk or his/her designee. License is the card or badge Issued pursuant to this chapter by the city clerk to any person authorized to sell, offer for sale, or solicit for the sale of any goods, as set out herein. Peddlerlsolicitor is any person who goes from door-to- door and who carries in his/her possession goods or merchandise which he/she sells or offers for sale for immediate delivery, or who solicits such a sale for immediate delivery or who offers for sale any goods or merchandise by taking orders therefor, with delivery in the future. Solicit is the sale or offer for sale of any goods or merchandise by taking orders therefor, with delivery In the future. Wholesale is any and all sales to jobbers or retailers for . resale by them to private consumers, and'not for sale directly to private consumers. Sec. 26-22. License, Identification card or badge with name and photograph of peddler or solicitor to be worn. All peddlers and solicitors, while selling and/or soliciting within the City, shall prominently display the identification card or badge on his/her person, showing the peddler or solicitor's full name as well as the peddler or solicitor's photograph. The card or badge shall be provided by the City Clerk. The license Issued pursuant to this article shall be worn at all times by the licensee when he/she Is engaged in the particular activity for which the license was issued, as evidence of compliance with all requirements of this chapter. SECTION I. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION II. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect after Its final passage, approval and publication as required by law. 9 • Ordinance No. 90-3454 Page 2 Passed and approved this 17th day of April, 1990. AYYOR 7��y_ !� ATTEST: 226€24 e�� ll�-+.✓ CITY C RK Approved as to Form Legal Department • 9 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 4/3/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco, Courtney, Horowitz. Nays: None. Absent: Novick. Second Consideration Vote for Passage: Date published 4/18/90 Moved by Courtney, 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: McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson. Nays: None. Absent: None. CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5030 STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3454 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of April , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of April , 19 90 Dated at Iowa City, Iowa, this llthday of May ,19 90 'a •ona Parrott, Deputy City Clerk OFFICIAL PUBLICATION I oMcw adE NO. 90-3454 By ORDINANCE MENDING C*VPTFN a. PEDDLERS AND � // sous m.6,OF THE IOWA CRY CODE OF ORDINANCES Printer's fee 3 NEW WEPE SECTIONS LEU 8' -1 AND S AND ADOPBNO NEW SECIION3 W LEU THEREOF. BE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF CERTIFICATE OF PUBLICATION IOWACITY, ary Cods d Ordinances should be res le STATE OF IOWA. Johnson County, ss: booby antanded &of Caleaer 26. Secnons 281 and aaInt We entirety.end sultalluangMe THE IOWA CITY PRESS-CITIZEN fclidwIng • Sec.241-1. Definiflona. For Be purposes d baa onager,the foWeing lens Mal nave Be delineate heehaw as at Cly scene off lark Be cAY oak or Neater designee. Howe Y Be card or badge Iced parte b this chapter W We dry clerk o ray lean Whorled to u4 otter I, for saam,a edict for B.saie dry goods,es ser out retain Carol Barr, being duly sworn, say that I . edema Filo cards in I glsactror I•any meat who goes born oods o am the legal clerk of the IOWA CITY nerawd""hich Wine sells o offers fix e fa r satrnerlde delivery,d who solids Nal a sale ad heedale delivery d PRESS-CITIZEN, a newspaper who offers stherB rytig„�ure. `h0 orderpublished in said county, and that a mdl: neebyDing�Bsai��Whiny hMO notice, a printed copy of which is hereto future. attached, was published in said paperl47tc Se say e1de1WYestoloaders cc °B"'� resale by fen to ptve cawanes.end let w sab deedy _L__ time(s), on the following b�mm.�a ,g41e„dcw hedgewan date(s): none eiw PliologrWh d Bedtler or Wicket to be worn ///��� C /%/j At peddlers and addW.See FeL.g r4or soOotMg o� V/ /� �D • lulllhtle a w.o sahranaww ore 1hc4o eph.0 ne f d bedpan a1 Mshalls�ee gem.Watt oe paddler sl solictofs lull name Be welleslle peddler of edkROle pmrdQeph The cad or age Wad be provided by 0e Cly CRRB. • ///�////� The Maine muted pursuant to d wide shell be Man C ,l e allernesby thean lIcat r w wain hemhB m engage]m Ow / pa:t artr ecBlyfa whldr Be Rene as euEW es evidence "`� a CTON . Trak so regve Al a me dear. ordiet a I. REPEALER ro ordinances Out are e adrecu Si coital wan ala provb"ne d Ns Ordinance we Legal Clerk tomb;rSEcnnow&EWERABhm. Iany section.pawalonccpen • d the Ordinance rat be adjudged to be Iwdid or utorfl rJon1 sun adIYNWKdr that not Olid B.validly Subscribed and sworn to before me doe Ordnance es a whole or any aaca pmhsgn or part thereof not rlludged Invalid or rbd slink Yp. , • SECTION N. EFFFCTInF DATE. This Ordnance shall ba Si //����j�,, � aced Blew N INN passage, approval and puaicaipn as this da of ll____, A.D. required by v' • Y �1• Payed and approved qY 17ch day of April, �//j' 1990. /�� /('/-//�,•.�_q,// I9 • �. / 1 Ofl //aci Ye^� . Notary Public ATTEST: 4.4.0.1.) Ie. 'iew.) CITY CEPK " ee SHARON STUBBS05459 AprII 25,1990 kr ORDINANCE NO, 90-3455 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF A CERTAIN PROPERTY LOCATED NORTH OF HUNTERS RUN DEVELOPMENT AND WEST OF HIGHWAY 218 FROM ID-RS TO P. WHEREAS, on May 7, 1985, the Iowa Department of Transportation conveyed to the City of Iowa City, Iowa, 16.1 acres of excess right-of-way Immediately north of Hunters Run development and west of Highway 218; and WHEREAS,Section 36-30(a)of the Zoning Ordinance states: It Is Intended that the Public Zone(P) provide reference on the Zoning Map to public uses of land. Thus land owned or otherwise controlled by the Federal Government, the State of Iowa,Johnson County,the City of Iowa City, and the Iowa City Community School District will be designated a Public Zone (P). This designation Is Intended to serve a notice function to those owning or buying land In proximity to publicly owned land which is not ordinarily subject to the regulations of this Chapter; and WHEREAS,the rezoning of this property from ID-RS, Interim Development Single-Family Residential, to P, Public Zone, is appropriate In order to accurately reflect the public ownership of the property. NOW, THEREFORE, BE iT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION I. As provided in Section 414.5, Iowa Code, the property known as Hunters Run Park and legally described below is hereby rezoned from Its present classification of ID- RS to P: A parcel of land located in the SEA NW1/4 of Section 18, T79N, R6W of the 5th P.M., City of Iowa City, Johnson County, Iowa: Beginning at a point S 89°46' W 139.9 feet from the center of said Section 18, said point being on the south line of said SEY. NWA; thence S 89°46' W 1200.3 feet along said south line, to the SW Corner of said SES/. NW/.;thence N 0°44' W 1239.3 feet along the west line of said SEY. NW'.; thence S 46°291/41 E 1564.5 feet; thence S 27°24Y2' E 177.0 feet to the Point of Beginning; excepting therefrom all that part thereof included in a corrective Quit Claim Deed and boundary line agreement recorded in Book 583, Pages 89-94 and as shown on a Plat of Survey recorded as No. 4005, Book 20, Page 11, in the records of Johnson County, Iowa; containing 16.1 acres more or less, subject to a 20- foot easement for sanitary sewer. Note: The south line of the SEY. NW% of said Section 18 is assumed to bear S 89°46' W. SECTION II. ZONING MAP. 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 final passage, approval and publication of this Ordinance as provided by law. SECTION III. ORDINANCE AMENDMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest and to certify the Ordinance amendment for recordation in the Johnson County Recorder's Office. /� Ordinance No. 90-3455 Page 2 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 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 1st. day of May, 1990. 0,4A---/i ;t4"-aeAYOR // as ATTEST:/Vh �C • 7/�L_ CIN LERK Approved as to Form � / ' Legal Department s- a- s o I ) It was moved by Courtneyand seconded by Larson that the Ordinance as read be adopte , and upon roll call there were: AYES: NAYS: ABSENT: -X Ambrisco X Courtney Horowitz X Kubby X Larson � _ McDonald Novick First Consideration 4/17/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 5/ g/90 Moved by Courtney, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for final 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: Larson, McDonald, Novick, Courtney, Horowitz, Kubby. Nays: None. Absent: Ambrisco. /D CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CIN, 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. 90-3455 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1st day of May , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 9th day of May , 19 90 Dated at Iowa City, Iowa, this 18thday of June ,19 90 Ramona Parrott, Deputy City Clerk • OFFICIAL PUBLICATION • ORWMr4NOE N0. 90-3455 NI ORDINANCE/MENDING THE ZONING OIOlaNLE BY C♦WNGINI THE USE REGULATIONS CF A CERTAIN PROPERTY LOCATED-NORM OF M NTB1S RUN DEVELOPMENT MD NEST OF HIGHWAY 218 FROM ID-RS /7:7_9 Printer's fee$ WHERE'S, on May 7, 1915, Me Iowa DsedmeM of Tra�aWbn omw.y.dbthe Cly of ty mMdw Iowa 16.1 CERTIFICATE OF PUBLICATION acre dmad wee S divelcprentec erla.,oi d Hlphee9 214 at WHEREAS,Sedhl 3640(e)rite ZOM1g Olds`.Rata: STATE OF IOWA, Johnson County, ss: , 1MIntended that is Pubic Zona(P)goad.raeerde on the ZpyrygMa,b pipye uses d land Thus lend owned a THE IOWA CITY PRESS-CITIZEN othenrien Johann County,the the Ferri w be C thawaovenmint,the wa Sieteof OPubr Zone S.Br y School ierdad b"ewe designated function to Mose owning or MI Si plaofiy b satiny owned tiny p.dwg Of I da1Wofdin Lind which Y nal a9 subject to 0M repairs d Ma I, Cluporr EREAS,IIa mooing of this propertyfrom ID-M.Interim Carol Barr, being duly sworn, say that I Med ownership GI• am the legal clerk of the IOWA CITY dSie Prier*. NOW.THEREFORE,BE R ORDAINED BY THE CRY OF PRESS-CITIZEN, a newspaper IOWAan,IOWA: SECRON I. As prided M form 414.5.lore Cada Me published in said county, and that a pa•y kradn se Hunan Ra Parked legally dawn ed notice, a printed copy of which is hereto Is hereby rezoned from a ped Ga present RS to attached, was published in said paper A"w d lard MdMd M the SEN NW;i d Oran Is.T7914.R8W d try hipM..C a1 Ste, ___/_____ tlme(S), on the following daemon Cony.loos:BacenOp Edon I W taw fest Marr!Bte ceder o sad section K sad date(s): Pad bang an the sat ens d sad SEG.NW Nene S Ws'W 1SS31eyglrq said south nes 9 /99g b iy 6W aa,ea er ensMa—k S Sd SEM M ay ' / `nee S ora%' iewnMdeed SEM y:E GI/oL/ f Nang Comer al 1664.5 MYS1M:tlrchSSlZMJE 171.0 bel b MO Per d iec.nc `.404'9 4,..-coevi4dx OACIaDeie ewFAM Cron Deed .da e.*144 nde .ham onPope . Boo,sa.Paga NI n aae0..lona PW et au Ne MOMS a Nb.4005.Bea{'20, �� cona11.91 .1 acneramd a kaneor w- bjer11 Ma Ca.aatrSl r ass r r M. .waled e a A Ira.aerrU lar`.hely.neer- NOW18 1M rug Erd Legal Clerk Ira in aUerVi.-neatsgbn'2MMu4.P b lriiis'W. iEC11ON ZONING MAP. Die Boring Inspedar. Maereby Subscribed and sworn to before me and drFled to change the Zoning Ma d the City tt owa on,Ica to°tem to tile amenlenent LAWNS swage approval wrcr^n d pcMdnee a Q' proAned M low. this///Ju_dayof !A.D. � e �b °"E", . Gent he Mayes w LV . anew ed tonG de dbalaemendatediol lecerdabl I 1 b tie Jonnbn Conti Rewdees Oface. I9 . 9 rtlfN: N REPEALR. �A.�O�-worasq aid PM' CO Ota101.3 In watt Nth ale ProloNSF AW OvNres We SfC11QNry�y repealed. B any edPlt Da..>tlo^a Pall of to Damage ear te alldgeM to nee meed Or Notary Public eeconseWsnS.Midi Medication`hall on red tne validly of the Ordinance ea a whole or any aectiprl Pru+bdn a Pad Meted not adjudged Invalid r unmannerly!. SHARON STUBBS MEGI15 $ EFfECINE DATE Das erly!.a wu,e M • q?.: .led N4- r Br Paage. awlas .ee Wdic*lln a. Word try law. /-. a end..p0YeeddWs 11sstt day of nay, 1990. • • �/ I Antal (lle u ' A' '^,')" CffY'S.Emec 05669 May9,1990 , and 13,; ORDINANCE NO. 90-3457 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CONDMONALLY REZONE 37.3 ACRES,LOCATED NORTH OF 1-80 AND EAST OF HIGHWAY 1 ON NORTHGATE DRIVE, FROM CO-1 TO RDP. WHEREAS, the property located north of I-80 and east of Highway 1 on Northgate Drive, known as Northgate Corporate Park Is zoned CO-1, Commercial Office; and WHEREAS, the Comprehensive Plan for the City of Iowa City designates this general area of the City for Office Research Development Center; and WHEREAS, the land use designation of Office Research Development Center Includes development under either ORP, Office Research Park or RDP, Research Development Park, zoning; and WHEREAS, the owners of Northgate Corporate Park have requested that Phase II of Northgate Corporate Park be rezoned from CO-1 to RDP; and WHEREAS, the owners of Northgate Corporate Park have submitted a conceptual master plan and development standards, as required by the Zoning Ordinance for any land rezoned to RDP; and WHEREAS,the City Council, on the recommendation of the Planning and Zoning Commission, finds that the conceptual master plan and the development standards provide the proper conditions for rezoning this particular property, as provided by Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto, and as provided under Section 414.5, Iowa Code, the property described below is hereby reclassified from its present classification of CO-1 to RDP: Lots 4-17 of the Highlander First Addition, Iowa City, Johnson County, Iowa. SECTION II. ZONING MAP. 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDmONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement, and to certify the Ordinance and Conditional Zoning Agreement for recordation In the Johnson County Recorder's Office. 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 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. / Ordinance No. 90-3457 Page 2 Passed and approved this 15th day of May, OR ATTEST: Y) /ate CRY C RK Ap roved as to Form tm ��C? Legal Department • ill. It was moved by Larson and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby Larson McDonald Novick First Consideration 4/17/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration 5/1/90 Vote for Passage: Ayes: Kubby, Larson, McDonald, Novick, Courtney, Horowitz. Nays: None. Absent: Ambrisco. Date published 5/21/90 /2 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT Is made this 30th day of March, 1990, by and between NORTHGATE PARK ASSOCIATES, an Iowa General Partnership (hereinafter referred to as "Applicant") and the CITY OF IOWA CITY, a Municipal Corporation (hereinafter referred to as "City"); WHEREAS, Northgate Park Associates is the owner of the following-described real estate located in Johnson County, Iowa: Lots 4-17, Highlander First Addition, a subdivision of Iowa City, Johnson County, Iowa; and WHEREAS, the above-described property is currently zoned CO-1, Commercial Office; and the Applicants now desire this property be rezoned to RDP, Research Development Park; and WHEREAS, the uses permitted in a Research Development Park are appropriate for this area and are consistent with the Comprehensive Plan of Iowa City. NOW, THEREFORE, in mutual consideration of the promises herein, the Parties agree as follows: 1. The above-described property is currently zoned CO-1, Commercial Office, and the Applicant, as owner of the property, now requests the City to rezone the property to RDP, Research Development Park. 2. The City and the Applicant acknowledge that the RDP zone is consistent with the Comprehensive Plan and is appropriate for the subject property. 3. Parties agree that Northgate Corporate Park, Phase II should be developed in a cohesive and integrated manner. 4. Parties also agree that this development should be sensitive to the Park's proximity to Interstate 80, and that the Applicant should provide for development which adds to the aesthetic appeal of the area, as it is viewed by travelers on 1-80. 5. Parties agree that the conceptual master plan dated January 26, 1990, and the development standards dated March 20, 1990, filed in the Office of the City Clerk, adequately provide for development of the Northgate Corporate Park as a cohesive and integrated development. Parties also acknowledge and agree that the proposed development, as shown on the master plan and included in the development standards, will enhance the traveler's view of the area along 1-80 and hence enhance the aesthetic appeal of Iowa City. 2 6. Parties acknowledge this Agreement shall be deemed to be a covenant running with the land and with the title to the land; shall, upon execution, be recorded in the Johnson County Recorder's Office; and shall, without further recitation, continue to be a covenant on each portion of the subject property, until released of record by the City. 7. Nothing In this Agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations, and Applicants acknowledge the same. Dated this .30 day of 41 , 1990. NORTHGATE PARK ASSOCIATES CITY OF IOWA CITY, IOWA By: Southgate Development Company, Inc. A General Partner • By: n R./C By: agar-4-aq HarryR. f, Vice-Pre ent /4r. n McDonald, Mayor ATTEST: t. - Marian K. Karr, City Clerk CITY'S ACKNOWLEDGEMENT PP- *V DAS10FOR STATE OF IOWA ) SS: LEGAL DEPARTMENT JOHNSON COUNTY) 3- s 9- 90 On this 15th day of May , 1990 , before me, Gina M. Heick , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) ( aloin) No. 90-3457 passed (tiotas by the City Council, under Roll Call No. ---- of the City Council on the 15th day of May , 1990 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. � dltM4 111/�1 Ctifeir Notary Public in and for the State of Iowa -�Z 3 NORTHGATE PARK ASSOCIATE'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this 3o day of MflRL+1 , A.D. 19`Io , before me, the undersigned, a Notary Public In and for the State of Iowa, personally appeared 1,-1(IRR 1 R Loci c F -and- , to me personally known, who, being by me duly sworn, did say that they are the Ge,tr. I Pci.izlal -and-- , respeetiveiy, of said PA T s ` executing the within and for poin strument to which this is attached, that (no seal has been procured by the said) Pinn; that said instrument was signed(and-sealed) on behalf of (the seal affixed thereto gorier lP is the seal of said) said cerpera by authority of its Board of Directors; and that the said It-AQR,( R. t.0o z and— as such officers acknowied ed the execution of said instrument to be the voluntary act and deed of said P"`44` ' , by it and by them voluntarily executed. FAY PHELPS wycptutSSgNIXFlPE4 Notary ubli nand for said ounty and State rA,...„ a -,� /a, IFEB 281990 P.P.D.DEPARTMENT DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS • THIS DECLARATION of Covenants,Conditions and Restrictions Is made this_day of 1990,by Northgate Park Associates,an Iowa General Partnership,hereinafter referred to as Declarant,and Highlander,Inc.,an Iowa Corporation,Highlander Partnership,an Iowa General Partnership and Jornac Development Co.,(Jornac)an Iowa General Partnership. RECITALS: 1. Declarant Is the equitable title holder of Lots 4 through 17 Highlander Development First Addition according to the plat thereof recorded In Book 25,Page 52,of the Flat Records of Johnson County, Iowa. This real estate ts sometimes referred to as Northgate Corporate Park, Phase II. In this Declaration the lots are collectively referred to as'the Lots'and separately referred to as'the Lot'or'a Lot'. 2. Jomac Is the legal titleholder of the Lots. 3. Highlander Inc.Is a predecessor In title to Jomac. 4. Highlander Partnership Is the titleholder to real estate adjacent to the Lots. • 5. Declarant end Jomac wish to provide covenants,conditions and restrictions on the • future development and use of the Lots. . COVENANTS,CONDITIONS AND RESTRICTIONS Declarant and Jomac hereby declare that the Lots shall be held,sold and conveyed subject • to the following covenants,conditions and restrictions,which are for the purpose of protecting the value and desirability of the Lots. The covenants,conditions and restrictions shall run with the Lots ' and be binding on all parties having any right,title or Interest In the Lots or any part thereof,and on their heirs,successors,assigns,and shall Inure to the benefit of each owner of a Lot. , 1. prior Use Restrictions. With respect to the Lots this Declaration shall substitute for , and be In lieu of the use restrictions which were (I) established In a certain Real Estate Contract • (Short Form)between Jomac and Highlander Partnership,an Iowa General Partnership,as Sellers, and Southgate Development Company,an Iowa Corporation,as Buyer,dated the 25th day of April, 1984; (19 referenced In the deed dated July 19. 1984,given by Jomac to Southgate Development Company,Inc.;and(III)also contained in a certain Real Estate Contract instrument between Jomac and Highlander Partnership as sellers and Northgate Park Associates as Buyer dated December 31, 1987. The use restrictions referred to above shall be cancelled with respect to the Lots effective upon the recording of this Declaration.The use restrictions contained In a certain Contract between , Highlander,Inc.,as seller,and Jornac,as buyer,dated October 28,1981,and recorded October 29, 1981,in Book 609,page 338 of the records of Johnson County,Iowa,shall also be cancelled I with respect to the Lots effective upon the recording of this Declaration. Highlander,Inc. end • Highlander Partnership join In the execution of this Declaration to acknowledge their consent for the substitution and cancellation of the referred to use restrictions. 2. Permitted Uses. Uses permitted In the Research Development Park(RDP)zone In accordance with the zoning ordinance of the City of Iowa City,Iowa,as it may be amended from time to time,Including provisional uses and special exceptions when the conditions therefor have been met,shall be permitted uses for the Lots,provided however that the following use restrictions shall be applicable to all of the Lots: A) No hotel, motel or similar facility shall be operated on any of the Lots described herein without the prior written consent of the Highlander Partnership or Its successors In interest. B) No food or alcoholic beverages shall be sold or offered for sale to the general public on any of the Lots described herein nor shall any private club selling food or alcoholic beverages to hs members be permitted to operate on the Lots described herein without the prior written consent of the Highlander Partnership or Its successors In Interest 3. Development Standard@. All development of and improvements to the Lots shall be in strict compliance with the written'Development Standards'for Northgate Corporate Park, which are affixed hereto as Exhibit'A'and Incorporated Into those covenants by this reference. -2- 4. . .n :wit _. A'. .n .r. •t. r..r Nothing contained In these covenants shall relieve the owner of any of the Lots from the obligation to comply with all applicable federal,state,county and city laws,regulations and ordinances relative to the use and , Improvement of the Lots. If there is a conflict between these covenants and such laws,regulations, rules or ordinances, the owners of the Lots shall comply with the applicable governmental regulations In addition to complying with these covenants. Al use end development of the Lote shall be consistent with the Master Plan approved by the City as a condition of the Research Development Park Zone designation. 5. Term/Amendment. These covenants shall be binding upon the Lots unta twenty- one(21)years from the date of recording this Declaration,al whtch time said covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of seventy-five percent(75%)of the then owners of the Lots said covenants are revoked In whole or In part. These covenants,excepting the provisions of paragraph 2,may be amended In writing from lime to time by a vote of 75%of the owners of the Lots. No amendment or revocation of these Covenants may conflict with the Master Plan and/or Development Standards approved by the City as a condition of the Research Development Park Zone designation without the consent of the City. 6. Violation. If the owner of a Lot covered by these covenants shall violate or attempt to violate any of these covenants,the owner of any other Lot may prosecute arty proceeding at law or In equity to prevent such violation and/or to recover damages for such violation. In addition,If the owner of a Lot covered by these covenants shall violate or attempt to violate the restrictions set forth In subparagraphs A or B of Paragraph 2 hereof,Highlander Partnership may prosecute any proceeding at law or In equity to prevent such violation and/or to recover damages for such violation. 7, invalidation. The invalidation of any one of these covenants by judgment,court order or decree shall In no way affect any of the other covenants which shall remain In full force and effect. 8. •wn-r Asso I,tl.n As e m-nt lir M.Int-na Declarant shall form a non- profit corporation to be known as Northgate Corporate Park Owners Association. The legal or ' equitable owner of each of the Lots shall be a member of the Association and shall be entitled to one vote per lot on all Association matters. The primary purposes of the Association shall be to maintain the parkway easement areas(Including the landscaping and the sculpture)located on the Lots and adjacent to the access roadway and to assure compliance with Development Standards. As a covenant,condition and restriction on ownership,end to assure compliance with Development Standards,the Association,in accordance with Its Articles and by-laws,shall have the power and authority to assess each Lot owner a share of the maintenance expense and to enforce payment of such assessment,among other means,by placing a lien on the Lot of any non-paying owner. SIGNED by each of the parties upon the day and date as indicated below. NORTHGATE PARK ASSOCIATES , Date: By Partner HIGHLANDER PARTNERSHIP Date: By Partner HIGHLANDER,INC. • Dale: By Title By Title SPO /1U2�`72vvRv LEGAL DEPARTMENT 3-.ao-9D EXHIBIT "A" NORTHGATE CORPORATE PARK PHASE II Il[:CEIVED DEVELOPMENT STANDARDS OAR 2 01990 P.P.D. DEPARTMENT ARTICLE I PURPOSE AND APPLICATION Section 1.10: Purpose. Northgate Corporate Park Is conceived to permit the assembly of a variety of office research and production buildings into a single, unified and attractive area. The purpose of these Development Standards is to produce a high quality and aesthetically pleasing development that complements the site's natural resources and provides an environment that is pleasing to occupants, visitors and neighbors. These Development Standards, along with a Perspective and Master Plan, are intended to fulfill the requisites of the Conceptual Master Plan required for a Research Development Park Zone under the zoning ordinance of the City of Iowa City (City). Section 1.20: Application. The standards as presented herein are made a part of the zoning restrictions on the property known as Northgate Corporate Park, Phase II, and are incorporated in and made part of the covenants and restrictions which shall be binding on the owners of property within Northgate Corporate Park, Phase II. Section 1.30: Enforcement. These standards will be enforced by the City of Iowa City and the Northgate Corporate Park Owners Association unless otherwise provided. Prior to submission of an application for a building permit, a site plan (including landscape plans in accordance with Section 5.40) approved by the Declarant in compliance with these standards shall be submitted to the City Department of Housing and Inspection Services for City approval. Approval of the site plan by the City authorizes the lot owner to proceed with detailed building and construction plans to apply for a building permit consistent with the approved site plan. ARTICLE II DEFINITIONS Section 2.10: References to Zoning Ordinance. Terms used herein which are defined in the Zoning Ordinance of the City shall have the same meaning in these Development Standards unless otherwise specifically defined herein. Section 2.20: Specific Definitions. 1. Total Lot Area: Site area not committed to streets or pathways and included within the lot boundaries. 2. Floor Areas: The aggregate square feet of floor space located entirely within a building. 12 r a JOMAC DEVELOPMENT CO. Date: By Partner STATE OF IOWA ) )es JOHNSON COUNTY ) On this_day of 1990,before me,the undersigned,a Notary Public N and for said county and state,personally appeared ,who being by me duly sworn,did say that the person Is one of the partners of Northgate Park Associates,an Iowa General Partnership,and that the Instrument was signed on behalf of the partnership by authority of the partners;and the partner acknowledged the execution of the Instrument to be the voluntary act and deed of the partnership,by it and by the partner voluntarily executed. Notary Public In and for the State of Iowa STATE OF IOWA ) ss JOHNSON COUNTY ) On this day of ,1990,before me,the undersigned,a Notary Public In and for said county and state,personally appeared and tome personally known,who,being by me duly sworn,did say that they are the and respectively,of said Highlander,Inc.executing the within and foregoing Instrument;that said Instrument was signed on behalf of said corporation by authority of Its Board of Directors;and that the said and as such officers,acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by It and by them voluntarily executed. Notary Public In and for the State of Iowa STATE OF IOWA ) )ss JOHNSON COUNTY ) On this day of 1990,before me,the undersigned,a Notary Public in and for said county and state,personally appeared who,being by me duly sworn,did say that the person Is one of the partners of Jomac Development Co.,an Iowa General Partnership,and that the instrument was signed on behalf of the partnership by authority of the partners;and the partner acknowledged the execution of the Instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. • Notary Public in and for the State of Iowa 12- -2 - 3. Owners Association: The Northgate Corporate Park Owners Association is an Iowa non-profit corporation organized by the Declarant and which will subsequently function under written Articles and By-laws. The purpose of the Owners Association will be to maintain the parkway easement areas and to assure compliance with these Development Standards. The Owners Association will have the power, pursuant to its by-laws, to assess owners of Lots within Northgate Corporate Park, Phase II, for a share of maintenance expenses and to enforce payment. 4. Declarant: Northgate Park Associates,an Iowa General Partnership,or Its nominee. 5. Lot: One of the lots as shown on the Plat of Highlander Development First Addition, as recorded in Book 25 at page 52 of the Records of Johnson County, Iowa 6. Lot Owner. The legal or equitable titleholder of one or more lots In Northgate Corporate Park, Phase II. 7. Site: A lot, or a lot combined with all or a portion of an adjacent lot or lots, Intended to serve as the location for a separate facility and all associated improvements. ARTICLE Ill PERMUTED USES Section 3.10: Intent. it Is the intent of the provisions of this section to minimize any adverse Impact on adjacent land by adhering to the permitted uses allowed by the Zoning Regulations and prior agreements. Section 3.20: Permitted Uses. A minimum of 60%of the total park area shall be occupied by office and/or research uses and accessory uses. The following uses are permitted on the property: (See Paragraph 2 of the Covenants, Conditions and Restrictions for Northgate Corporate Park, Phase II) Section 3.30: Manufacturing.Warehousing and Distribution. Manufacturing and associated warehousing and distribution shall be placed on the lot and located within the Park so that the activities of these uses do not adversely affect adjacent uses or properties. ARTICLE IV GENERAL SITE STANDARDS Section 4.10: Intent. It is the Intent of the provisions of this section to facilitate low building density within a spacious park like setting. Section 4.20: Maximum Buildina Area. The total floor area of all buildings shall not exceed 50% of the total lot area. /a' -3 - Section 4.30: Maximum Impervious Lot Coveraae. The total impervious area of all building footprints, parking and driveways shall not exceed 75% of the total lot area. Section 4.40: Yards and Setbacks. The yard areas and minimum setback distances from highways, street right-of-ways and Interior property lines shall be in accordance with requirements of the Research Development Park Zone of the City Zoning Ordinance. In addition, on Lots 12-17, a minimum rear yard setback of 35 feet shall be required. ARTICLE V LANDSCAPING Section 5.10: Intent. It Is the intent of the provisions of this Section to promote a high aesthetic quality in the park through architectural and site planning controls Including the planned use of landscape, sculpture and other art elements. It is also the intent of these provisions to screen undesirable views, separate incompatible land uses and to create a more pleasing environment. Section 5.20: Sculpture. Sculpture is intended as an Important feature of the Northgate Corporate Park's Master Plan. The Park has been designed to have multiple sculpture sites within the business setting all of which will be conceived and developed as an integral part of the landscape. One sculpture will be oriented to Highway No. 1 and it is intended that at least one sculpture site will be used by the Owners Association for changing exhibitions of sculpture displaying a variety of themes and styles. The sculpture will be accessible all year round to people • of all ages. Section 5.30: Parkway. A seventy foot wide linear park will be installed by the Declarant and maintained by the Owners Association according to the Master Plan made part of these standards. This parkway will be substantially completed,within the parkway easement,no later than one year after the last lot is sold. Section 5.40: Landscape Plans and Standards. All landscaping outside of the parkway easement shall be the responsibility of the Individual Lot Owner. Detailed landscape plans are to be prepared by Lot Owners and submitted for review and approval by the City pursuant to Section 1.30 If approved in advance by the Declarant or its nominee, adjustments to the landscape plan may be made at the time of planting, as may be occasioned by the availability of materials and weather conditions. Landscape plans shall comply with City tree regulations and screening requirements. Section 5.50: Planting Standards. All open, unpaved areas on a site,whether In the front, side or rear yard areas, must be planted and otherwise improved In conformance with an approved landscape plan and any applicable city ordinance pertaining to landscaping. The following standards will also apply: 1. Berms: Earthen berms may be used where native vegetation is not sufficient to provide adequate screening. Berms are to be landscaped and contoured with varying heights (not less than 361 and slopes (maximum slope Is 4:1). Access to utility lines is not to be limited by the configuration or location of permitted berms. 2. All plant materials shall be proven hardy for the Iowa City climate. All trees must be selected from the list of recommended trees for the Iowa City area' provided by the City and shall conform to the following size requirements: la- -4 - JYPR FRONT YARD REAR YARD Ornamental trees 8' high 6' high Shade trees 3' cal. 1W cal. Section 5.60: Landscape Applications. The following requirements of Lot Owners shall be applicable to the indicated locations: 1. Front Building Setbacks: Plantings in the front setback areas shall blend and be compatible with the plantings within the adjacent parkway easement 2. Parking Areas: All medians and Islands In parking areas shall be landscaped consistent with the City's parking and tree regulations. 3. Drainage Easement All drainage easement areas, except that portion of said easements to be used specifically forwater conveyance and ditch maintenance,are to be planted by Lot owners with sufficient ground cover for supplementing native vegetation to prevent soil erosion. 4. At least one tree shall be planted for every 1750 square feet of open lawn area. 5. All fences Installed by lot owners on sites shall be constructed of materials compatible with the architecture of the building on,the same site. Use of chain link fences is discouraged. Chain link fences, If used, are to be screened by landscaping so as to obscure the fence from the public sight line. Section 5.70: Maintenance. Lot Owners shall be responsible for installing and maintaining all landscape elements Included on the approved landscape plan for their respective site. All plantings must show healthy growth and satisfactory foliage conditions. Maintenance shall Include watering, weeding, mowing, pruning, replacing, removing litter and repairs to wires and stakes. Maintenance of landscaping and plants within the Parkway shall be the responsibility of the Owners Association. Vegetation within drainage easements located on sites (and not within the Parkway) Is to be preserved and enhanced by Lot Owners. The City will not be responsible for enforcing compliance with these maintenance requirements Insofar as they exceed Iowa City Code requirements. SECTION VI SITE GRADING AND DRAINAGE Section 6.10: Intent It is the Intent of the provisions of this section to establish controls for the grading and drainage of the property. In general, site grading and drainage shall be designed to minimize erosion and adverse effects on the environment. Storm water drainage plans of the Developer or of any lot owner will be subject to City review and approval. Section 6.20: Lawn and Landscaped Areas. Lawn and landscaped areas adjacent to streets or existing drainage basins may drain by sheet flow to the adjacent street or basin. Section 6.30: Storm Drains and Appurtenances. All elements of the underground storm drainage system shall be designed and constructed by the Declarant in accordance with the City's -5 - established design criteria, materials and construction standards. Easements will be provided to lot owners for underground or overland drainage. Section 6.40: Pralnaoe During Construction. Prior to any lot owner commencing construction or site grading,a grading and erosion control plan is to be submitted to and approved by the City. Special care shall be taken by each lot owner to minimize the adverse effects of construction on adjacent property and land around the construction site. Lot Owners are to provide erosion controls to prevent sedimentation of adjacent drainage basins and such owner shall be responsible for the prompt removal of sedimentation. Mud or other debris or residue deposited from a site on streets during construction is to be removed and otherwise cleaned by the Lot Owner as soon as weather permits. ARTICLE VII SIGNAGE Section 7.10: Intent. ft Is the intent of the provisions of this Section to encourage attractive signage and other private visual media which aid in the orientation and/or identification of uses and activities. These provisions are further Intended to enhance a park-like environment by controlling the number, placement and size of signs while allowing design flexibility. Section 7.20: City Sign Ordinance. All signs and supporting structures shall comply with the City's sign ordinance. Section 7.30: Park Identification Skins. Northgate Corporate Park(all phases)will have one monument sign oriented to Highway No. 1 as shown on the Master Plan. The sign shall be installed by the Declarant and maintained by the Owners Association. Section 7.40: Site Identification Signs. Each site shall be entitled to one monument or free standing sign In the front or side lot setback areas and one building Identification sign mounted on the building. Identification sign structures should be simple and a neutral color with accent color used as occupant Identifiers. No free standing signs are to be located in a rear yard that Is adjacent to Interstate 80. Section 7.50: Sian Dimensional Requirements. Maximum sign heights and areas shall be in compliance with the City's Sign Ordinance. Section 7.60: Illumination. Signs may be illuminated only by a steady,stationary,shielded light source, directed solely at the sign without causing glare for motorists, pedestrians or neighboring premises. Section 7.70: Prohibited Devices. No sign shall move, make noise or contain blinking, flashing or strobe lights or exposed fluorescent lamps. Section 7.80: Site Directional Signs. On site directional signs indicating loading or delivery areas, various building entries, parking lots, etc. shall not exceed 3 sq. ft. per sign face or a maximum area of 6 sq. ft. per sign nor employ lettering larger than 9' in height Such signs shall be no more than 4' In height and shall be of 1/8' aluminum stock, painted dark bronze to match site appurtenances such as lighting. All lettering on these signs shall be white vinyl in Helvetica style. jc -6- Section 7.90: pirectional Public Information Siong. Graphic continuity for directional public Information signs in Parkway areas shall be achieved by using the same specifications as 7.80. The signs shall Incorporate only those graphic representations as found In the latest edition of'Manual on Uniform Traffic Control Devices; U. S. Department of Transportation, Federal Highway Administration. Section 7.110: Aeaulatory Signs. On-premise regulatory signs such as stop signs shall conform to Iowa Department of Transportation standards. Such signs shall be limited to 6'In height and 3' in width. ARTICLE VIII PARKING, DRIVES, LOADING AND OUTDOOR STORAGE Section 8.10: Intent. It Is the intent of the provisions of this section to establish guidelines to help maintain the natural area aesthetics and the safety of users. Section 8.20: General Parkino Requirements. Parking shall not be permitted on any public street The Intent of this Master Plan is to screen parking with parkway or buildings so the quality of the overall environment can be dictated by buildings and landscape elements. The following standards will apply: 1. Sufficient off-street parking shall be provided on each site by lot owners in accordance with City regulations. 2. All parking areas shall be paved with an all-weather surface at least 5'thick (The City will not be responsible for enforcing this provision.) 3. No precast concrete parking control devices shall be used. 4. Parking spaces shall be provided in compliance with State and City requirements. 5. Sites adjacent to Interstate 80 shall have no parking in the rear yard. 6. All parking on sites not traversed by a parkway easement must be provided in the rear or side yard, except handicapped and visitor parking. 7. All parking areas shall comply with the requirements of the City Parking and Tree Ordinances. Section 8.30: General Loading Requirements. 1. Loading docks and other loading facilities may not face any street. Provisions must be made for handling all freight on those sides of a bulding which do not face a street Written exceptions to this restriction may be permitted by the Declarant In those cases where 2 or more sides of a bulding site face a street All loading dock facilities must be screened from public view in a manner consistent with the building architecture. Loading docks and other loading facilities may not be located on the Interstate 80 facing side of buildings on Lots 12 - 17. Section 8.40: Drives. Drive location shall conform with City requirements for sight distances. All curb cuts are subject to City approval. -7- Section 8.50: Outside Storage. Articles,goods, materials, Incinerators,trash bins, storage tanks, or like equipment shall not be In the open, exposed to public view, or to view from adjacent lots. If it shall be necessary to store or keep such materials or equipment outside, they shall be screened from view. Screens shall be in height at least equal to that of the materials or equipment being stored but In any event shall fully shield said materials and equipment from both public view and view from adjacent lots. Architectural screening devices are to match the architecture of the building on the same site. ARTICLE IX EXTERIOR LIGHTING Section 9.10: Intent. It Is the Intent of the provisions of this Section to facilitate exterior lighting for the safety of users and to complement the natural setting and man-made Improvements. Section 9.20: Liuhtinq. On site Exterior lighting (excluding parkway or public right-of-way lighting) shall meet the following guidelines: 1. All wiring for exterior lighting, including but not limited to driveway,walkway area, parking and decorative lighting, shall be underground. 2. All light fixtures shall be downward directed to minimize glare on adjacent areas, Including streets and neighboring lots. 3. Light standards shall be restricted to a maximum height of 25'. Poles and fixtures shall be a dark bronze color. 4. All lighting installations shall conform to the latest edition of the National Fire Protection Association National Electrical Code. 5. All light fixtures erected by Lot Owners shall be maintained by them in proper operating condition. 6. Parking and driveway lights shall be of a style and color consistent and harmonious with the architecture of the building on the site. 7. Average Intensity of lighting, excluding the parkway, is to be as follows: parking lot 0.5 footcandles entry drive 0.5 footcandies paths and steps 1.0 footcandles building entrances 5.0 footcandles areas near buildings 5.0 footcandles (The City will not be responsible for enforcing this provision.) 8. All high pressure sodium lighting shall be color corrected. Section 9.30 Lighting of walkways and/or recreational trails within the parkway shall be by the use of fixtures located 75 feet apart with a mounting height of 10 feet and minimum intensity equal to that of 175 watt mercury vapor. Such lighting shall be installed by the Declarant and /oQ-' -8 - thereafter maintained by the Owners Association. Electricity for parkway lighting shall be at the expense of the Owner's Association. Section 9.40: Hours of Operation. It will be the responsibility of the Owners Association to set and enforce minimum hours of operation for exterior lighting applicable to all sites. ARTICLE X BUILDING DESIGN AND PROCEDURE FOR APPROVAL Section 10.10: intent It is the intent of the provisions of this Section to facilitate buildings designed to provide an orderly and aesthetically pleasing environment that Is compatible with the natural aspects of the sites. The aesthetic appearance of the exterior of the building is of paramount • concern. Section 10.20: Required Approvals. In addition to permits required by the City or other governmental authorities, no building or other structure shall be erected upon any site until the following documents have been approved in writing by the Declarant. 1. Complete plans and specifications for all buildings and related structures to be constructed; 2. Complete plans and specifications for all proposed grading and other site work; 3. Complete plans and specifications for all proposed parking areas; 4. Complete plans and specifications for all proposed landscaping and tree planting. Upon approval of the above plans by the Declarant or its nominee, there shall be no deviation from the approved plans without the Declarant's prior written consent Section 10.30: Architecture. Architectural treatments will have the greatest Initial impact on achieving the envisioned environmental effect of the Corporate Park Any critique by the Declarant will encourage, not restrict, the creative and innovative use of materials and methods of construction, and Its intent will be to prevent Indiscriminate and Insensitive use of materials and design. A relatively wide variety of architectural design and materials will be permitted. However, It Is the Intent that a basic harmony of architecture be created and that no bulding or structure detract from the overall environment. General architectural guidelines are as follows: 1. Building materials including brick,natural stone,decorative concrete block,textured concrete, steel, aluminum, and woad, or any combination thereof, are all acceptable materials in a sensitive and creative application. 2. Ground Improvement materials Including brick, precast concrete, wood, asphalt and cast-in-place concrete,are all acceptable materials in a sensitive and creative application. 3. Roof lines or parapet walls are to give the appearance of a fiat roof. All roof mounted mechanical equipment and vents are to be screened from public view. 4. Garbage and other service areas should be incorporated into the overall design and be located and screened so as to be compatible with the architectural design. /-2-• -9- b. Lot Owners may not use a site In any manner which would create a nuisance under the City's Public Nuisance Ordinance. 6. Mechanical equipment,utilities,fire stairs and other service equipment and features shall be enclosed,screened or treated so as to be integral parts of the architectural design. 7. The view of Northgate Corporate Park from Interstate 80 is material to the Park's overall visual Impact Consistent and appropriate attention to architectural and landscaping details must be given to all elevations on sites adjacent to the Interstate. Section 10.40: Construction. Once commenced, construction shall be diligently pursued to completion. Such construction may not be left In a partial finished condition any longer than is reasonably necessary. No excavation shall be made except in conjunction with construction of an improvement When such an improvement Is completed, all exposed excavations shall be back- filled, graded and landscaped consistent with the approved landscape plan for the she. ARTICLE XI WATER, WASTEWATER, AND SCUD WASTE Section 11.10: Intent. It Is the intent of this Section to establish controls governing the installation of water and wastewater systems, and the collection and disposal of solid waste. Section 11.20: Location of Utility Lines. Whenever possible, water and sewer lines are to be located to minimize disruption of landscaping during installation and maintenance. Section 11.30: Water Service. Water will be provided via connection to the City water distribution system. The connection to the City water distribution system shall be made at locations acceptable to the City. Lot owners shall be responsible for all costs associated with connecting to and utilization of the City system. Section 11.40: Wastewater Disposal. Wastewater generated on the site shall be discharged Into the City wastewater collection system. All connections to the City wastewater collection system shall be made at locations acceptable to the City. Lot owners shall be responsible for all costs associated with connecting to and utilization of the city system. Section 11.50: Solid Wastes. All solid wastes will be collected, stored and disposed of in accordance with appropriate laws, rules and regulations of the City and the State of Iowa. The following requirements shall also apply: 1. Refuse collected on site shall be placed In dumpsters for removal. Removal or emptying of dumpsters shall be by a contractor. Such collection, storage and removal shall be at each lot owner's expense. Dumpsters shall be located and screened In accordance with other provisions of these Development Standards (See Section 8.40). 2. Any hazardous wastes shall be stored and disposed of at the Lot Owner's expense In accordance with the laws, rules and regulations of the United States, the State of Iowa, and the City. /2 - 10 - ARTICLE XII ELECTRICITY AND TELECOMMUNICATIONS Section 12.10: Jntent. It Is the Intent of the provisions of this Section to establish standards for electrical and telecommunication installations to preserve an aesthetically pleasing environment. Section 12.20: )electric Service. Electric and telecommunications services shall be Installed by the Lot Owner In accordance with the following: 1. The user shall be required to install electric and telecommunications services underground from the main service lines. 2. Connections to the main service lines shall be at points acceptable to the City and utility providers. 3. Any above-ground electrical and telecommunications equipment,Including meters, transformers and terminal equipment must be screened from public view and view from adjacent sites. 4. Electric service meters shall be located to be easily accessible and read by utility personnel. ARTICLE XIII ENVIRONMENTAL AND OTHER EXTERNALITIES Section 13.10: Intent. It is the intent of the provisions of this Section to maintain a pleasing environment for all users and neighbors. • Section 13.20: Electromagnetic Emissions. The tenant shall not operate any device that will cause electromagnetic Interference with the communication systems of the occupants of any other Lot Section 13.30: Nuisance Factors and Hazards. In order to protect the interests of all lot owners, no operation may be conducted which emits offensive or objectionable noise, vibration, smoke, odors, dust or gases. Precautions should be taken In all operations against radiation,fire, and explosive hazards. Lot Owners shall meet or exceed the requirements of all applicable federal, state and local laws and regulations governing these matters. ARTICLE XIV REQUIREMENTS OF THE STATE OF IOWA COUNTY OF JOHNSON AND CITY OF IOWA CITY Nothing In these standards Is intended, nor shall be construed,to be In lieu of compliance with any applicable statute, rule or regulation of the State of Iowa, County of Johnson, or the City, such as zoning ordinances, building codes,fire codes, and other City policies. If there Is a conflict between provisions contained herein and any statute, rule,or regulation of governmental authority, the Intent of these Development Standards is that the affected party must comply with the appropriate governmental regulation in addition to complying with these standards, and if _ 11 - compliance with both Is not possible because of Inherent contradiction, that the statute, rule or regulation take precedence over these standards. _ APPRe _, A TO FOky LEGAL DEPARTMENT .3d-9p /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. 90-3457 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of May , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of May , 19 90 Dated at Iowa City, Iowa, this 18thday of June ,19 90 . Ramona Parrott, Deputy City Clerk ORDINANCE NO.90-7451 leas 4-17 of Its Mblaw,dr Fit AS Ion City, JMaam Canty.IOMAAtli. AN ORDNANCE AMENDING THE ZONaO ORDNANCE TO S.T., NII. ZONING MAP The Beefs ke{!dor a hey CON0tT Pt*LLY REZONE37.3 ACRES.IACATED NORTH OF authorized and erected re camp the Zel•b MV of Me Cay 180 AND EAST OF HIGHWAY 1 ON.NORIMGATE DRIVE, of lava ON,low.to adorn to at,.eon.*upon fall FROM 00-1 TO ROP. passage, approval end p10Rcaon of eta oMVMnu a penned by law. WHEREAS,the prppety Riled rodh or 180 we east d SECTION III. CONDITIONAL ZONING A{♦BEBAENT The Meaay I on Nary**One.Mown ea Nat Capone Maya is hereby mtlWad and Yawl to MR mO the ON Park Y mar CPI,Commercial Office;and CY b mast We Ccoddiorug Zany Alyrwy and to YIE EAS.ea Cmprdaelw Plan for me ay d Iowa catty We OrdYdne and Camlaw Zane Agree ed for CAy deegrasa ON gyre eta or the Cy for Orb mods=a the Johnson County RecadW5 Oacw Nan Davdop,ree CS end SECTION ., REPEALER. As Yaryan aM pans d WHEREAS.the lenduse e dalgnebd C n ela Research ama daan Yaryan caned wen We prove oh Nis Ocdnms a la Developllad Cent Yuen dateloprnere odes elate ORP, hereb/'oWeeled. Once IANato Pelt or POP,Research Desecpmwe Park SECTION V. SFVERABkJTY IT wry rabu QR t.i or pm sea old d the adnate tel be scadN cop wade a WIPi�AB,we awn of Nanny,Corpose Perk Ye uncatainenal,such aGudaran tel not NM the wady rkgwwaad as Plea a d Natngee Corpora, Perk be of the Panne a a wade or ey adbn.Faun or pm mooed hon CPI to RIP;and Tiered not adpdged Wald a unconedwai WHEREAS,the way of Northern Oorpaae Park hate SECTION W, EFFECTIVE DATE NS Ordnaeca shall be Si I anatase a conceptual master plan end deabprea Mead MIM to line passage, approve and p liceIia a Sarney a required by de Zino Onlnace for any laid required by law, 000010 c MP:811d WHEIEASTY Cy Drool,on Me les°rmatMim dee 15th day of nay. Piercing and Zoning Camiblaw,ands ea We cony yet EP9vo ad approved the �� mdlar meas pond theda. opaMMMpWe crowds We props Printer's fee cde ruorwit p the wader propera , minded by Or NOW, NOW, THEREFORE, BE R ORDAINED BY THE OTY COUNCIL OF THE CITY OF IOWA OTT,IOWA: TOR CERTIFICATE OF PUBLICATION d0WeeCotltb*ZZoning aee®dtaend concern mrera, aed STATE OF IOWA, Johnson County, ss: crowded ender Swan 4145, lows dose me poverty T�, 1/ emoted Sow Is hereby RGmNfied hum a present ATTEST.111(.,.a.� le -Few✓ THE IOWA CITY PRESS-CITIZEN deadkated CO-1 le RDP. CRY RK CONDITIONAL 2011903 AGREEMENT THIS CONDR DNAs ZONING AGREEMENTS made Ns 30th dad of March. 1993,by and 1, between NORTHGATE PARK ASSOCIATES,en lam General Pennanhlp(1wsNWbr referred Carol Barr, being duly sworn, say that I Wee' [)and the CITY OF IOWA CITY,•MunicipalCtdrpaeuon(hereinafter referred am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper WHEREAS, Northgate Palk Associates ts she maw d Ewa folowine°ac+m.d real este* published in said county, and that a IDcaletlhJohaao County,Iowa: notice, a printed copy of which is hereto ten•-17.Highlander First Addition,•subdivision of sea City,Johnion County, attached, was published in said paper Iowa _ /_ _ _ timers), on the following and dateIsl: WHEREAS,the above-deserted properlyis currently zoned CO-1,Comvnerdal OIAoe;ably , —1 (�� /� ,YrO Appllcanm now desire this property be replied to RDP,Research Development Park;and V77WHEREAS,the uses permitted In a Research Development Park n appropriate for this ante and are consistent with the Compreherehe Plan of Iowa City. eit..../-eit ( � / NOW.THEREFORE,. In mutual consideration of the promises herein, the Pres agree as follows: Legal Clerk I. The abowide d properly Is cumnty ezoned CO-1, Commercial Office, end the Le g Applcalt IS Malate of the property,now requests the City to rezone the property to RDP,Research Development Park. Subscribed and sworn to before me 2. The City and the Applicant admowledgethat the.RDP zone is consistent with the Comprehensive Plan and a appropriate for the subject property. this day of ! 1`S'/. A.D. 3. Pa tlee ep ee tat NoMgate Ca pro ate Palk, Prue it shouo be developed in a //yy cohesive end kttegrated manner. / 4. Patties also 80.and that this developmentant p should be sensitive to the Poke MANN to interstate and that the Applicant should provoe'ta'tlevelopmenl welch adds to the �/� - aesthetic appeal of the area,as it is viewed by travelers on 1-80. 5. PINY agree that the conceptual master plan dated January 213, 1990, and the Notary Public development standards dated March 20. 1990,fled In the Office of the City Clerk, adequately provide for development of the Northgate Corporate Park as a cohesive and SHARON STUBBS integrated development Parties also acknowledge and agree that the•prpposed ., ,; development,as shown on the master plan and included In the development standards, ata. vett enhance the traveler's view of the area along 180 and hence enhance the aesthetic _. appeal of Iowa Cly. 6. Paces acknowledge the Agreement shell be deemed to be e covenant running with the land and with the title to the land; erg, upon execution, be recorded in the Johnson County Recorder's Office;end shall,without further recitation,eont$ue to be •covenant on each porion of the subject property,tad released of record by the Cty. 7. Nothing In the Agreement shad be construed to reeve the Applicant talc emptying with all applicable local and state regulations,and Applicants acknowledge tie lame. Dated this 11 day of Attic. 1990. , NORTHGATE PARK ASSOCIATES CITY OF IOWA CITY,IONA Sy: Southgate Development Company,Inc. A General Partner/�)��1J� T���.."���'f By: terry RAti� Vice-Pi'E set �. McDonald Mayor ATTEST, / 1i /1i6....... ' RC..r D Marian K.Kam.City Clerk ©i-cJ ORDINANCE NO. 90-3458 AN ORDINANCE AMENDING CHAPTER 32.1 'TAXATION AND REVENUES,' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-55 THEREIN TO REVISE SOLID WASTE COLLECTION FEES AND LANDFILL USE FEES AND ADD YARDWASTE COLLECTION FEE PER BAG. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City,lowa, be and the same is hereby amended by repealing Section 32.1-55 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 32.1-55. Fees or charges authorized in Chapter 15. Municipal Code Section Authorizing Fee Charge, Fine, or Description of Fee, Penalty: Charge, Fine, or Penalty Charge: Sec. 15-31 Fee for annual solid waste One Hundred dollars ($100) permit per year Sec. 15-65(a) Residential solid waste collection fees Sept. 1 May 21 July 1 July 1 Rates effective for bills on or after: 1989 1990 1990 1991 per dwelling unit, per month $ 5.50 $ 5.50 $ 6.25 $ 7.50 per two rooming units, per month $ 5.50 $ 5.50 $ 6.25 $ 7.50 Appliance collection fee, fee per item collected $10.00 $10.00 $10.00 $10.00 Tire collection fee, fee per tire collected $ 2.00 $ 2.00 $ 2.50 $ 3.00 Yardwaste collection fee, fee per bag sold $ 1.00 $ 1.00 $ 1.00 Sec. 16-65(b) Landfill use fees July 1 Sept 1 July 1 July 1 Rates effective: 1989 1989 1990 1991 City fee (per ton) $ 8.00 $ 8.00 $13.50 $17.00 State fee (per ton) $ 2.00 $ 2.00 $ 2.50 $ 3.00 Total fee (per ton) $10.00 $10.00 $16.00 $20.00 Minimum fee In lieu of tonnage fees $ 1.35 $ 2.00 $ 3.00 $ 4.00 Tire disposal fee, fee per pound, subject to minimum fee $ .05 $ .06 $ .07 Appliance disposal fee, fee per item disposed $ 3.00 $ 3.50 $ 4.00 Appliance disposal fee, surcharge for crushed or damaged item, fee per item disposed $25.00 $25.00 $25.00 Hazardous or special wastes disposal fee The fee for disposal of hazardous or special wastes shall be one and one-half WA) times the City's actual cost for disposal, as determined by the director. /5 Ordinance No. 90-3458 Page 2 Sec. 15-66(a) Deposit fee combined for City Residential account: $50.00 per combined water and/or sewer and/or solid residential service for City water and/or waste collection accounts solid waste collection service Sec. 15-66(b) Delinquency deposit for combined In an amount equal to the average two-month water and/or sewer and/or waste billing for the delinquent account collection accounts SECTION II. 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 III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 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 15th day of May, 1990. YOR ATTEST: I '1. Cl CLERK Approved as to Form rdr City Attorney's Office (-7 9/ It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz Kubby Larson McDonald Novick First Consideration 5/1/90 Vote for passage: Ayes: McDonald, Novick, Horowitz, Kubby, Larson. Nays: Courtney. Absent: Ambrisco. Second Consideration Vote for Passage: Date published 5/21/90 Moved by Courtney, seconded by Horowitz, 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: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. /%), CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, 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. 90-3458 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of May , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of May , 19 90 Dated at Iowa City, Iowa, this 18thday of June ,19 90 Ramona Parrott, Deputy City Clerk OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.22-3458 AN 0ND04NCE AMENOPID CHAPTER 321 TAXATION AND REVENUES,'OF THE CODE OF WE CITY OF IOWA CRY. IOWA, BY AMENDING SECTION 32155 THEREIN TO JQ.,WASTE COLLECTION FEES AND LANDFILL USE FEES.AND ADO YMIOWASTE COLLECTION FigglI ".;. BE IT ORDED BY THE CRY COUNCIL OF THE CBY OF IOWA CTT.IOWA: .,.`H arA .;r MI o"Oa and no anti la hembr rated th repay Sacean 32Moo*nw 5 daso0 cingg'M Nd oA SECrION I ll'al Chapter 32.1 of the Coda of Ortinarcas ratsDa c4 Ion rale aelm to codial t a ate to road as follow Printer's fee 50.1? Sac 3218 Yea a clops&hatred In Chapter 14 CERTIFICATE OF PUBLICATION s.on,Uuldcal� , ... STATE OF IOWA, Johnson County, ss: agge,Fla Charge, . D.aaromn IFaa, THE IOWA CITY Chapter UL : . . . Path - Eat 15.31 Fa for annual sold wade Ora NaCl comes gm perm/ OF YON Ser.1S55(a) Raldaww void wan ocilealen lea .Sept I Mey 21 Jun 1 JWy 1 I' Rea rale Ica Ise m a Sr. -14gt 1 S. ,1391 Carol Barr. being duly sworn, say that I pm fling wt par math ssSO 15.50 sets $750 am the legal clerk of the IOWA CITY par two roaming wn.p.moth 5550 55.50 Syn $750 PRESS-CITIZEN, a newspaper Appliance mana'fat Inpar tom oaticmp $10.00 $10.00 $100) $1000 published in said county, and that a mwu.wa lea fan per ores notice. a printed copy of which is hereto colactsd $200 $200 5250 5300 attached, was published in said paper Yw .ala ctllaticrl Riche per __j_._ _ time(s), on the following bag orad 51.00 51.00 $100 datels): sac.15.65ro1 tatrall use has July 1 Sept 1 JuN 1 Joh/ / 7 Rea aaaM: a at s iff00,24 ./ 9a DIN le.(mer roes) nm 5 600 $13.50x700 o / Sag ha Os ton) $203 $200 5250 Sam Tom la(par i0)) $10.00 $10.00 31600 $20.00 4_4(ythi-c_i MNwwn M InNeuas a ss The 5200 $3.to 54.03 T/ni disponi la ma par mini Legal Clerk mesa tornhin on Se s .05 s 06 s .07 Apparm disposal HA in per Item tlbncead sato $3.50 $4.00 Subscribed and sworn to before me %a surdwpe 1a Owwanowt.adwapad inn fee (� L par em almond $2500 325.00 52500 this jLday of --, A.D. N.addesa'pedal wanes domes e. 199:‘ n (a a.laMsCay aheamra The fee wean Mal a as and alr .L.e...v. Ox)ane U.C/ye dud sow for dbpmal a dawmaesd W 1a elector. NotaryPublic sac.1546(a) Daaa fa combined la edfl z CLY R. ewt $30.00 ow o0tr.A. wee and/or sow Lona sold ratlspd soma,«CIN waler ante wale mmalon accarmc said wade coactlon tankt e9`tar SHARON STUBBS Sao 15. pra 6(b) Oeh, cy dolt for contrascontras('wcontras(' i. In an amount anal nap namomaa weer end"or a.w..Wa a Ewa la U.delinquentarmxg caecllpn 33300 • -.... . .. SECTION It cauv muni on.dom proawl a Pot a U.°Inn=eta ba anted al Pe Willa a unooretleabned,vont s*C radon antra Sect lie veiny a the Orta=en whole a any adkn pennon a pal dasol not Wedged Med a umaallutlawt F-cla In.AFaFai F2 M=an at pots a ortarancas hi cant wen me prwdw.a 111 dolma les booty rapes goner(N. EFFPOWF BATF. The Olawla eat ha In aria gar m MI peep,approval end pticitn aniquancl by a Paela and appra/a rale 15th day of May. 1990. • /dam �" 4,1“ ATTEST: �l(•t.n.r 1' r•+J CITY QlN 06002 May 21,1990 ORDINANCE NO. 90-3459 AN ORDINANCE REGULATING THE STORAGE, COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE AND REGULATING LITTERING WITHIN IOWA CITY AND THE IOWA CITY LANDFILL SERVICE AREA, TO BE KNOWN AS THE SOLID WASTE ORDINANCE. WHEREAS, the City of Iowa City desires to effectively manage the disposal of solid waste within the City and at the Iowa City landfill; and WHEREAS, the City must comply with state and federal regulations regarding the disposal of solid waste; and WHEREAS, the City provides solid waste pickup to certain of its residential properties; and ' WHEREAS, the City owns and operates a solid waste disposal facility serving Johnson County and the cities of Kalona and Riverside in Washington County; and WHEREAS, the City also desires to control litter within its jurisdictional area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Chapter 15 in its entirety and enacting in lieu thereof a new Chapter, to be codified and to read as follows: ARTICLE I - GENERAL Sec. 15-1. Purpose. The purpose of this Chapter 15 is to provide for the health, safety, and welfare of the citizens of the city by providing for the collection and disposal of solid waste; by regulating the storage, collection, transportation, processing, disposal, recycling, re-use and littering of solid waste; and by providing for the collection and disposal of solid waste. Sec. 15-2. Definitions. The following definitions shall be applicable to this Chapter unless a contrary meaning is indicated by the text. The word "shall" is mandatory; the word "may" is permissive. Terms not defined shall have the meanings customarily assigned to them in Webster's New Collegiate Dictionary. Uses not defined or listed shall have the meanings as defined in or categorized according to the Standard Industrial Classification (SIC) Manual, Superintendent of Documents, U.S. Government Printing Office. Appliances means machines common to residential household use, and shall include refrigerators, stoves, microwave ovens, dishwashers, clothes washers, clothes dryers, water heaters, furnaces, air conditioners, dehumidifiers, console television sets, stereo systems, lawn mowers; and any device containing a gasoline engine, an electric motor or an electric capacitor. Building demolition materials means waste material from the construction, destruction or demolition of residential, commercial or industrial buildings or structures, except brick and foundation materials. Bulky rubbish means nonputrescible refuse consisting of combustible and/or noncombustible waste materials which are either too large or too heavy to be safely and conveniently loaded into solid waste transportation vehicles by solid waste collectors. Commercial solid waste means solid waste resulting from the operation of any commercial, industrial, institutional, agricultural or other establishment, and shall also include solid waste resulting from multiple dwelling facilities having more than four (4) dwelling units. Demolition means substantial destruction of a building or structure, and a substantial removal of the interior of a building or structure. Director means the city manager or his/her authorized designee. J / Ordinance No. 90-3459 Page 2 Disposable solid waste container means disposable plastic or paper sacks specifically designed for storage of solid waste having a capacity of five (5) to thirty-five (35) gallons. Dwelling means a building which is wholly or partially used or intended to be used for residential occupancy. Dwelling unit means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit possessing facilities which are used, or are intended to be used, for living, sleeping, cooking and eating of meals. Garbage means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food. Hazardous wastes includes but is not limited to pathological wastes, explosive wastes, pesticides, pesticide containers, toxic radioactive materials, and those wastes included by definition in Section 455B.411(4a) Code of Iowa (1989) and Rules of the Iowa Department of Natural Resources. Landfill shall mean the Iowa City Landfill located in Johnson County, Iowa. Landfill Service Area means Johnson County including both incorporated and unincorporated cities located therein, together with the cities of Riverside and Kalona, for which Iowa City provides landfill services herein. Occupant means any person who alone, or jointly or severally with others, shall be in actual possession of any dwelling unit or any other improved or unimproved real property, either as owner, landlord, tenant, resident or operator. Offending party is any person, operator, responsible party, resident, entity or occupant who has been given notice of a violation of this Chapter and who has not yet cured or remedied the offense. Offending property is that property which is in violation of this Chapter and which offense has not been cured or remedied. Operator means any user, responsible party, occupant, entity, business, firm, corporation, governmental entity, association, partnership, venture, or any combination thereof, or any agent, fiduciary or representative thereof, who occupies, possesses, uses or owns property within the Iowa City Landfill Service Area and/or who stores or generates solid waste within the Iowa City Landfill Service Area. Owner shall mean any recognized interest of ownership in real or personal property, including legal and equitable property interests. Person shall include individual persons, user, responsible party, entity, business, firm, corporation, association, partnership, venture or any combination thereof or any agent, representative or fiduciary thereof. Premises includes any interest in real property, including but not limited to buildings and improvements, whether intended for or used for residential, commercial or industrial use. Processing means bailing, compacting, composting, incinerating, recycling, separating, shredding, together with all other processes whereby solid waste characteristics are either modified or solid waste quantity is reduced. Recycling means any process by which solid waste is collected, separated, processed or returned to use in the form of raw materials or products. Recycling shall include the composting of yard waste, but does not include any form of energy recovery. Refuse means solid waste not required to be recycled or re-used. Residence means any dwelling either intended for and/or being used for residential use. Resident means any person or group of persons who occupy a residential dwelling, dwelling unit, or rooming unit. /2/ Ordinance No. 90-3459 Page 3 Residential solid waste means solid waste resulting from the maintenance and operation of single-family, duplex, tri-plex, and four-plex dwellings, including solid waste from operation of a home occupation which complies with the requirements of the applicable zoning ordinance. Responsible Party means any person, persons or governmental entity who apply for, who obtains or who is issued an account for sewer, water and/or solid waste service, and includes any person who pays an individual account for any one or a combination of the following services: water; sewer and solid waste collection. Responsible Party shall also mean an account holder of the above accounts. If more than one person is listed on an account, both persons shall be deemed a Responsible Party for purposes of collection, storage and disposal of solid waste and compliance with this Chapter 15. Revocation means withdrawal of privileges, termination of landfill permits and withholding of access to the Landfill site. Revocation may be carried out by the Director upon determination by the Director that sufficient cause exists to revoke, after notice and an opportunity to cure the defect or to rebut the existence of the offending cause. Rooming unit means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit possessing facilities which are used, or intended to be used, primarily for living and sleeping. A rooming unit shall have bath and toilet facilities available for exclusive use by the occupants or for communal use. In addition, a rooming unit may have kitchen and dining facilities available for use by the occupants therein. For purposes of this chapter, two (2) rooming units shall be deemed the equivalent of one dwelling unit. Solid waste means unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, refuse, sludge, yard waste, appliances, special waste, demolition and construction wastes, and residential, commercial, and industrial wastes. Solid waste container means a receptacle used by any person or operator to store solid waste during the interval between solid waste collections. Solid waste disposal means the process of discarding or getting rid of unwanted material; in particular, the final disposition of solid waste. Solid waste management means the entire solid waste system of storage, collection, removal, transportation, processing and disposal of solid waste. Special waste means solid waste that must be handled or processed in a special manner prior to disposal. Storage means keeping, maintaining, or storing solid waste from the time of its production until the time of its collection and removal. Transportation means the transporting of solid waste from the place of collection or processing to the Iowa City Landfill. Yard waste means grass, leaves, trees, brush and garden residue. Sec. 15-3. County ordinances. Provisions of this Chapter together with any provision of any ordinance administered by the Johnson County Board of Health which is not in conflict with this Chapter, shall govern the City's management of solid waste. Sec. 15-4. Enforcement. In order to ensure compliance with this Chapter and the rules promulgated thereto, together with all applicable county, state and federal laws and regulations„ the Director is authorized to inspect all phases of solid waste management within the jurisdiction of Iowa City. In all cases where such inspections reveal that the storage, collection, transportation, processing, disposal, recycling or reuse of solid waste are in violation of this Chapter or rules promulgated thereto and/or are in violation of state or federal law, such violation shall constitute a nuisance under both state and local law. In such event, the City may, at its option, elect to carry out Ordinance No. 90-3459 Page 4 any one or all of the following remedies: withhold solid waste management services from that person, dwelling, commercial or industrial, business, institution or government entity; deny or revoke any permit under this Chapter; terminate a service account; dispose of any nonconforming solid waste container; or abate the nuisance in accordance with Section 24 of Article VI of the Iowa City Code of Ordinances; abate the nuisance under state law, Chapter 657, Iowa Code (1989). Election of any one of these remedies by the City shall not preclude the City from pursuing any other remedy, and such remedies are deemed cumulative and not exclusive. Notice of any such City determination that a prohibited nuisance exists shall be given to the offending party as follows: (1) Be given in writing to the person, responsible party, resident, operator, business or entity at their last known address; (2) State that the City has determined that a violation of this Chapter exists; (3) Describe the violation, with reference to the applicable provisions of this Chapter, rules, or other applicable county, state, or federal law; (4) Advise what actions are required to be taken by the offending party to remedy the viola- tion. The notice shall be deemed to be properly served if it is personally served; if it is posted in a conspicuous place on the offending property or building; or if a copy thereof is sent by ordinary mail, with sufficient postage affixed, to the last known address of the person, responsible party, occupant, operator, entity, business or governmental entity. Sec. 15-5. Director's rule-making authority. The Director may make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to: (1) Specifications for solid waste containers, including the type, composition, equipment, size, weight and shape thereof. (2) Weight and size limitations on bundles of solid waste too large for solid waste containers. (3) Sanitation, maintenance and replacement of solid waste containers. (4) Schedules and routes for collection and transportation of solid waste by City personnel. (5) Collection points of solid waste containers. (6) Special identification requirements for use of solid waste containers. (7) Collection, transportation, processing and disposal of solid waste. (8) Storage of solid waste. (9) Records of quantity and types of solid waste received at disposal facilities. (10) Handling of hazardous wastes, special wastes, toxic wastes, sludges, ashes, agricultural waste, construction waste, bulky items, tires, automobiles, oils, greases, yard waste, batteries, appliances, and recyclables. (11) Special carryout service for the elderly and handicapped. (12) Collection of residential solid waste resulting from the operation and maintenance of more than four (4) dwelling units. (13) Billing and collection of disposal service charges at the Landfill. (14) Hours of operation for the Landfill. A copy of any and all rules and regulations issued under the provisions of this Section shall be filed in the office of the City Clerk, and shall be available for public inspection during normal business hours. /y Ordinance No. 90-3459 Page 5 Sec. 15-6. Prohibited practices. It shall be prohibited for any person, responsible party, operator, resident, occupant or entity, or any agent or representative thereof, to: (1) Deposit solid waste in any solid waste container other than in a solid waste container either owned by the depositor, or properly and lawfully leased by the depositor. (2) Interfere in any manner with the collection, storage, or transportation of solid waste; interfere with the equipment for the use of such collection, storage or transportation; or interfere with solid waste collectors in the lawful performance of their duties. (3) Throw, cast, place, lay or permit placement of any refuse into or on any receptacle specifically designated by the City or private entity as a receptacle to be used only for deposit of recyclable or reusable waste. (4) Deposit recyclables or reusable waste in containers or at locations not specifically designated for such waste. (5) Litter. Sections 15-7 - 15-9. Reserved. ARTICLE II - COMMERCIAL SOLID WASTE HAULERS Sec. 15-10. Permit required. No person, business, responsible party, occupant, operator, or entity shall engage in the business of receiving, collecting, transporting, processing, recycling, or disposing of solid waste within the Iowa City Landfill Service Area without first obtaining an annual permit from the City; provided, however, that this section shall not be deemed to apply to employees of the holder of any such permit. No permit shall be required for episodic or irregular collection and transportation of building demolition material or brick or foundation materials, or of dirt or rock materials from grading or excavation activities. However, a permit shall be required for persons who provide building demolition services or who collect and dispose of building demolition materials on a regular basis. Sec. 15-11. Application. Each applicant for any permit required by Section 15-10 shall state in its application: (1) The characteristics of solid waste to be collected, transported, processed, disposed of or recycled. (2) The number of solid waste transportation vehicles to be operated. (3) The precise area served, and the name of any person, operator, business, entity or governmental entity served, if any. (4) That its employees have an understanding of applicable local, state, and federal laws and practices governing the collection and disposal of solid waste. (5) Such other information as may be required by the Director. Sec. 15-12. Issuance of permit and fee. If the application for the permit required by Section 15-11 and City inspection shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment, and that such collection, transportation process or disposal will conform with all applicable state, federal and local laws and this Chapter, then the Director shall issue the permit authorized by this Article II. A permit sticker shall be applied to the upper right-hand corner of the right door of all solid waste transportation vehicles. The permit shall be issued for a period of one year, and each applicant shall pay an annual fee as provided in the Schedule of Fees, Section 32.1-55. Nothing in this Section shall prejudice the right of the applicant to reapply after the denial of its application, provided that all aspects of the reapplication shall comply with the provisions of this Chapter. �y Ordinance No. 90-3459 Page 6 Sec. 15-13. Transferability. Permits authorized under this Chapter shall be deemed personal to the applicant, and shall not be transferable or assignable in any manner unless specifically approved by the Director. Sections 15-14 - 15-19. Reserved. ARTICLE III - STORAGE Sec. 15-20. Containers required. The resident, occupant, operator, or owner of every dwelling unit, residence, and of every institutional, commercial, business, industrial or agricultural establishment producing solid waste shall provide containers of sufficient number and adequate quality for the storage of all solid waste, sufficient to properly serve each such dwelling unit and/or establishment; and shall maintain such solid waste containers in reasonable repair. This provision shall not apply to bulky rubbish, appliances, demolition or construction waste. Sec. 15-21. Requirements to place waste in containers, and to maintain containers and surrounding areas. The occupant, resident, operator or owner of every dwelling unit, residence, and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided in this article; and shall maintain such solid waste containers and the areas surrounding said containers in a reasonably clean, neat and sanitary condition at all times. Sec. 15-22. Specifications for containers. (1) Residential Refuse. Residential refuse shall be stored in containers of not more than thirty-five (35) gallons in capacity, nor less than twenty (20) gallons in capacity. Containers shall be leakproof, waterproof, and fitted with a fly-tight lid, and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. The containers shall be of light weight, sturdy construction. The weight of any individual container, including contents, shall not exceed sixty (60) pounds. Galvanized metal containers, or rubber, fiberglass, or plastic containers which do not become brittle in cold weather are deemed appropriate. Disposable solid waste containers, as approved by the Director, may also be used for storage of residential solid waste. (2) Residential Yard Waste. Residential yard waste collected by the City shall be stored in yard waste plastic bags to be provided by the City for a fee. The plastic yard waste bags will be available for purchase at various retail stores in Iowa City. The fee for said yard waste plastic bags shall be as established in the Schedule of Fees, Section 32.1-55. (3) Commercial. Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times, except when depositing waste therein or removing the contents thereof. Commercial solid waste containers stored on City property shall be waterproof and leakproof, and shall be covered at all times with an air-tight lid locked in position, except when depositing waste therein or removing the contents thereof. Commercial solid waste containers shall be steam cleaned at least twice each year: once during the month of May and once during the month of August. (4) Non-conforming. Any container that does not conform to paragraphs (1) and (3) of this section must be promptly replaced by an approved solid waste container upon receipt of written notice from the City. If not replaced within seven (7) calendar days after /y Ordinance No. 90-3459 Page 7 delivery of such notice, the container and its contents may be disposed of by the City as waste. Sec. 15-23. Storage of limbs and brush. Tree and brush limbs measuring less than four (4) inches in diameter, together with brush being stored for pickup, shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when being stored other than in storage containers. The weight of any individual bundle shall not exceed sixty (60) pounds. Sec. 15-24. Location of solid waste containers. Residential solid waste containers shall be stored upon private property. Commercial solid waste containers shall be stored upon private property unless both the owner of the container and the owner or operator of the premises shall have been granted written permission from the City Council, by way of written agreement, to use public property for such purposes. The storage site for both residential and commercial solid waste containers shall be well drained, whether stored on public or private property. Further, the storage site for said container shall be fully accessible to collection equipment, to public health personnel and to fire inspection personnel. Regardless of whether permission has been granted by the City for storage on public property, commercial solid waste containers shall not be placed in the area between any building and the street right-of-way, including areas commonly referred to as "parking" between the curb and the private property line. In cases where a container cannot phsycially be located anywhere but between the building and street right-of-way, Director may approve location if properly screened. Containers located within fifty (50) feet of a street right-of-way must be screened from view from said right-of-way. In the event a solid waste container becomes a nuisance by reason of litter, the City may require the entire container storage area to be enclosed by a fence or structure sufficient to prevent litter. However, nothing herein shall be construed to create any duty on the City to collect commercial solid waste, which is specifically prohibited under Section 15-37, below. Sections 15-25 - 15-29. Reserved. ARTICLE IV - COLLECTION AND TRANSPORTATION Sec. 15-30. Collection from residential dwellings. The City shall collect all residential refuse resulting from the operation and maintenance of single-family, duplex, tri-plex, and four-plex dwellings, as defined in the zoning ordinance, when each dwelling or dwelling unit is located on its own lot with frontage on a public street. The City shall make such collections once per week whenever reasonably possible. The Director is authorized to adopt regulations and to enter into written agreements to provide residential solid waste collection to other dwellings. Said residential refuse collection shall be mandatory. Private collection of residential solid waste, as defined in Section 15-2, is prohibited. Those dwellings receiving City refuse collection service on the effective date of this Ordinance, which would not be entitled to receive such service under the terms of this subsection, may continue to receive City refuse collection service. In the event such service is voluntarily discontinued by the owner of any such dwelling for any period of time, the City may terminate refuse collection service to such dwelling. The Director may exempt qualifying dwellings from the City's mandatory collection herein if the Director determines that the dwelling and an adjacent establishment which generates commercial solid waste is part of one complex of buildings, which together serve a unified purpose. Sec. 15-31. Collection of tires, appliances and bulky rubbish. Appliances and tires discarded from use at premises to which collection services are provided by the City will be collected by the City at such residential premises, but only upon /4/ Ordinance No. 90-3459 Page 8 prior request and arrangement with the City. The owner, responsible party, occupant or operator of such premises will be billed for collection and disposal of each such appliance and tire in the amount provided in the Schedule of Fees, Section 32.1-55 of the City Code. Bulky rubbish from premises to which collection services are provided by the City will be collected, but only upon prior request and arrangement with the City, provided that the bulky rubbish does not exceed reasonable limitations of weight and bulk, as determined by the Director. Sec. 15-32. Collection of tree and brush limbs. Tree and brush limbs shall be collected as bulky rubbish. Tree and brush limbs created by commercial tree service operations or by the clearing of land for construction will not be collected by the City. Sec. 15-33. Yard waste. Residential yard waste shall be collected separately from other solid waste in the same manner as residential refuse and in accordance with the provisions of Section 15-30. However, collection of yard waste by the City is not mandatory. Only residential yard waste properly stored in bags provided by the City, as provided by Section 15-22, and free from all other solid waste shall be collected for disposal. Unbagged or improperly bagged residential yard waste shall not be collected by the City. Sec. 15-34. Certain wastes not subject to collection. The City will not collect any of the following materials from any dwelling, residence or residential premises served by City solid waste collection service: lead acid batteries; waste oil; or any substance or material determined by the Director to be hazardous or unacceptable for collection. The Director may adopt and enforce regulations, based on health and safety concerns, specifying additional substances and materials not subject to collection, as provided under Section 15-5 above. Lead acid batteries and waste oil are subject to disposal at City solid waste disposal facilities as provided in Article V of this Chapter. No person, occupant, responsible party, resident, operator or entity shall obtain or attempt to obtain City collection of solid waste or other substances or materials herein declared not subject to collection. Any such separate attempt and/or action by such offending party shall constitute a separate offense of this provision and Section 15-4. The City's costs for retrieving such substances or materials from the collection vehicle or from the City's disposal site, and/or for cleaning up the collection vehicle or disposal site, shall be chargeable to the responsible party for the solid waste collection account for the residence, dwelling or premises where such substances or materials were placed for collection, or where actually collected. If no account has been established, notice of a violation of this provision shall be given to the offending party, as provided in Sections 15-4 and 15-6 herein. Sec. 15-35. Times and location of collection containers. Refuse containers, tree and brush limbs and yard waste containers, as described in Sections 15-22 and 15-23 respectively, together with other solid waste permitted to be placed at the curb, shall be placed for collection at the curb of the street upon which the residence, dwelling or premises fronts. Refuse containers must be physically separated from yard waste containers in order to enable the solid waste collector to easily identify differing contents as well as differing containers. Yard waste containers must be clearly marked as such. Placement of solid waste at the curb for collection shall occur prior to 7:00 a.m. on the regularly scheduled collection day, but shall not occur before 3:00 p.m. on the day before the regularly scheduled collection day. Containers shall be removed from the curb on the same day collection is iy Ordinance No. 90-3459 Page 9 made, and returned to a location reasonably near the side or back of any permanent building on the premises. Sec. 15-36. Responsibility for compliance. It shall be the responsibility of the owner, operator or responsible party for any residence or dwelling containing two (2), three (3) or four (4) dwelling units to effectuate compliance with the provisions of Section 15-35. For single-family dwellings, the owner, occupant, operator, or the person who is the responsible party for the solid waste collection account or the person who pays the solid waste collection fee shall be responsible for compliance with the provisions of Section 15-35. In the event the fee is unpaid, the owner, occupant, or operator of the premises or the responsible party for the premises, shall be responsible for compliance with this Chapter, and shall be deemed the responsible party for purposes of securing compliance. Sec. 15-37. Collection from certain premises by the City Prohibited. The City shall not collect any commercial solid waste, excepting collection from the City's own property. Nor shall the City collect any residential solid waste from any dwelling units within a struc ture which, in addition to the residential solid waste, contains the operation of any commercial, industrial, institutional, agricultural or other establishment and which generates commercial, industrial, institutional, or agricultural waste or any combination thereof, or which operation generates other than residential solid waste. Sec. 15-38. Responsibility of collectors. (1) Solid waste collectors shall be responsible for the collection of solid waste from the point of collection to the transportation vehicles, but only if the solid waste was stored in compliance with Sections 15-20, 15-21, 15-22, 15-23, and 15-24 of this Chapter. Any spillage or blowing litter caused or resulting from the collection activities of the solid waste collector shall forthwith be retrieved by the offending party, and placed in the transportation vehicles by the solid waste collector. (2) All solid waste transportation vehicles shall be maintained in a safe, clean and sanitary condition, and shall be constructed, maintained and operated to prevent spillage of solid waste. All vehicles used for transportation of solid waste shall be constructed with watertight bodies, and with covers which shall either be an integral part of the vehicle with only loading hoppers exposed, or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle. If the cover of the solid waste transportation vehicle is separate, it shall be secured whenever the vehicle is transporting solid waste. No solid waste shall be transported in the loading hoppers. (3) Permits shall not be required for the removal, hauling or disposal of dirt and rock material from grading or excavation activities; however, all such material shall be conveyed in tight vehicles, trucks or receptacles, constructed and maintained in such a manner that none of the material being transported can spill upon the public right- of-way. (4) Storage of transportation vehicles used or intended to be used for collection and trans- portation of garbage is prohibited in all residential zones. Sec. 15-39. Residential collection fees. The fees for the collection of residential solid waste from residential premises, as defined in Section 15-2, shall be as provided in the Schedule of Fees, Section 32.1-55. Sec. 15-40. Deposit upon establishment of account. Upon initial establishment with the City of a residential water service account, a residential sewer service account, or a residential solid waste collection account, or any one of these /y Ordinance No. 90-3459 Page 10 accounts, or upon reestablishment of one or several such accounts with the City, the person • or responsible party establishing the account shall be required to execute a service agreement with the City, and also make a combined account deposit before commencement of City services. The amount of the deposit shall be as provided in the Schedule of Fees, Section 32.1-55. The deposit shall be held either until three (3) years after establishment of the account or until service is terminated and the account closed, whichever is earlier. At such time of termination or three year's duration, the amount of the deposit shall be credited to the responsible party's account. Sec. 15-41. Deposit upon delinquency of account. A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of two delinquency charges for any one of these accounts during any one calendar year, the responsible party for the account(s) shall be required to make a combined account deposit which is equal to the average two-month billing for the entire account. The average two-month billing shall be based upon the actual billings during the prior twelve-month period. If the responsible party already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the last delinquency charge for a delinquent account, whichever is later. The deposit shall be released to the responsible party when service is terminated or when the account is closed, at which time the deposit shall be credited to the account. Section 15-42 - 15-49. Reserved. /y Ordinance No. 90-3459 Page 11 ARTICLE V - DISPOSAL Sec. 15-50. Disposal facilities. Solid wastes shall be deposited at a processing facility or disposal area consistent with all requirements of local, state, and federal law. Sec. 15-51. Hazardous or special waste. The Director may adopt regulations classifying certain wastes as hazardous or special . wastes and may, pursuant to such regulations, prohibit the disposal of such wastes at the. Iowa City Landfill or require special handling thereof, as provided in Section 15-5 above. Sec. 15-52. Disposal of lead acid batteries and waste oil. Persons, businesses, operators or entities residing, located or operating within the Landfill Service Area may dispose of lead acid batteries and waste oil from their private or commercial , vehicles by delivering same to locations approved by the Director, provided that such wastes were generated by activities or operations located and operating, in whole or in part, within the Landfill Service Area. Sec. 15-53. Disposal of appliances at the Landfill. Persons, firms, businesses, operators or entities residing, located or operating within the Landfill Service Area may dispose of appliances at the Landfill, provided that such wastes were generated by activities or operations occurring within the Landfill Service Area. Appliances deposited at the Landfill in a crushed condition, or so damaged as to prevent removal of capacitors or ballasts, shall be subject to a surcharge fee, to be established in the Schedule of Fees, Section 32.1-55. Sec. 15-54. Disposal of tires at the Landfill. Persons, firms, businesses, operators or entities residing, located or operating within the Landfill Service Area may dispose of tires at the Landfill, provided that such wastes were generated by activities or operations occurring within the Landfill Service Area. Sec. 15-55. Disposal of yard waste at the Landfill. Persons, firms, businesses, operators or entities residing, located or operating within the Landfill Service Area may dispose of yard waste at the Landfill, provided that such wastes were generated by activities or operations occurring in whole or in part within the Landfill Service Area. Sec. 15-56. Appliances, yard waste, and tires to be separated from other solid waste for dis posal. Appliances, yard waste, and tires may not be mixed with other solid waste delivered to the Landfill for disposal. Persons, firms, businesses, operators or entities disposing of appliances, yard waste, or tires at the Landfill shall separate those items from other solid waste materials, and shall deliver and unload them at the sites designated by the City for disposal of such items. Sec. 15-57. Penalties for improper disposal or disposal of prohibited or hazardous waste. It is prohibited for any person, firm, business, operator or entity to deposit solid waste at the Landfill in a location other than that provided by the Director or as directed by Landfill personnel. It is further prohibited for any person, firm, business, operator, or entity to dispose or attempt to dispose of hazardous or prohibited waste at the Landfill in a manner or in a location other than that provided by the Director pursuant to Section 15-51 of this Ordinance. It is also prohibited for any person, firm, business, operator or entity to dispose or attempt to dispose of appliances, yard waste, or tires at the Landfill in a manner or at a location other than that provided pursuant to Sections 15-53, 15-54, 15-55, and 15-56 of this Ordinance. Violations of either this provision or of any regulations adopted by the Director pursuant to /L/ Ordinance No. 90-3459 Page 12 Section 15-51 shall constitute either a mis demeanor or a municipal infraction, and each violation shall constitute a separate offense. The City's costs for retrieving such substances or materials from the Landfill disposal site, and/or for any costs incurred by the City for cleaning up the disposal site shall be chargeable to the offending party or parties. Repeated violations of this provision or of regulations adopted by the Director pursuant to Section 15- 51 shall be sufficient cause for the City's revocation of the Landfill disposal privileges of an offending party, after written notice of the City's intention to revoke. Sec. 15-58. Disposal fees. The fees for disposal of solid waste shall be as provided in Schedule of Fees, Section 32.1- 55. Sections 15-59 - 15-69. Reserved. ARTICLE VI - LITTERING Sec. 15-70. Short title. This article shall be known and may be cited as the Iowa City Anti-Litter Ordinance. Sec. 15-71. Definitions. In addition to the definitions set forth in Article I of this Chapter, for purposes of this article the following terms, phrases, words and their derivations shall mean the following: Aircraft is any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons. Receptacle is a litter storage and collection container as required and authorized in Article III of this Chapter. Litter is "garbage," "refuse" and "rubbish" as defined in this Chapter, together with all other solid waste material which, if thrown or deposited as herein prohibited, unreasonably endangers public health, safety and welfare. Newspaper is any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public. Park is a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation. Private property or premises is any dwelling, house, building or other structure designed or used either wholly or in part for private residential, business, commercial or industrial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure. Public place is any and all streets, sidewalks, boulevards, alleys or other public ways, together with any and all public parks, squares, spaces, grounds and buildings. Vehicle is every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. Sec. 15-72. Prohibited in public places generally. No person shall throw or deposit litter on or upon any public place within the city except in public receptacles, or in authorized private receptacles for collection and disposal. Any person who drops, or permits to be dropped or thrown upon any public place any of the above-described materials upon any county road or state highway shall immediately remove iy Ordinance No. 90-3459 Page 13 the same or cause it to be removed, and failure to do so shall constitute a violation of this chapter. Sec. 15-73. Placement of litter in receptacles so as to prevent scattering required. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent the litter from being carried or deposited by the natural elements upon any public place or upon private property. Sec. 15-74. Sweeping litter Into gutters, streets or other public places prohibited. No person shall sweep into or deposit in any gutter, alley, street or other public place within the city litter or any accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning, operating or occupying property shall keep the sidewalk in front of their premises free of litter. Sec. 15-75. Throwing litter from vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. Sec. 15-76. Operation of trucks causing litter prohibited. No vehicle carrying a load of materials shall be driven or moved on any state highway, county road or city street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand or other materials may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a street or roadway in order to clean or maintain such street or roadway. It shall be prohibited for vehicles to deposit from their wheels or track substantial and unreasonable quantities of mud, gravel or other materials onto paved public streets or roadways. Sec. 15-77. Throwing litter in parks prohibited. No person shall throw or deposit litter in any park owned by the City, whether within or without the City, except in public receptacles and in such manner that the litter will remain in the receptacle until collection, and will not be scattered by the natural elements onto any park, street, roadway or public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for the litter's presence on the public property, and shall be properly disposed of elsewhere, as provided herein. Sec. 15-78. Throwing litter in lakes and fountains prohibited. No person shall throw, deposit or permit litter in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere within the city. Sec. 15-79. Dropping litter from aircraft. No person in any aircraft shall scatter, drop or deposit any litter, handbill or any other object within the city or the confines of the municipal airport. Sect. 15-80. Depositing litter on occupied private property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such persons or not; except that the owner, operator or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the natural elements upon any street, sidewalk or other public place, or upon private property. Sec. 15-81. Owners to maintain premises free of litter. The owner or person either operating or in control of any private property or premises shall at all times maintain the property or premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection, or prohibit the composting of yard waste. y Ordinance No. 90-3459 Page 14 Sec. 15-82. Throwing or depositing litter on vacant lots prohibited. No person shall throw or deposit litter on any open or vacant private property within the city whether owned, occupied or operated by such person or not. Sec. 15-83. Clearing by City of open or vacant private property upon owner's failure. (1) Notice to remove. When, in the determination of the Director, litter poses an unreasonable or dangerous threat to public health, safety or welfare, the Director or his/her designee is hereby authorized and empowered to notify the owner, occupant or operator of any open or vacant property within the city, or the agent or representative thereof, to properly dispose of litter located on the offending property. Such notice shall be in accordance with Section 24, Article VI of the Iowa City Code of Ordinances. (2) Action upon noncompliance. Upon the failure, neglect or refusal of any owner, occupant, operator or agent so notified to properly dispose of said unhealthful or dangerous litter within seven (7) calendar days after receipt of written notice, or within fifteen (15) calendar days after the date such notice is returned to the City because of inability to make delivery to the last known address of the offending party, the Director or his/her designee is authorized and empowered to abate or cause the abatement of litter on private property. Abatement of litter on private property may be accomplished in accordance with Section 24, Article VI of the Iowa City Code of Ordinances. (3) Charge for action upon noncompliance. After the City has effected the removal of such offending litter or has paid for its removal, the actual cost thereof, plus accrued interest at the maximum rate designated by law per annum from the date of completion of the work, shall remain an obligation of the offending owner, person, party, occupant or operator. If said costs are not paid by said offending party prior thereto, the costs shall be charged to the owner of such property and/or levied as an assessment against the property in the same manner as a property tax, all in accordance with Section 24, Article VI of the Iowa City Code of Ordinances. Sec. 15-84. Depositing litter at City Landfill sites. No person shall throw or deposit litter on or upon any City owned Landfill site, except in those areas designated for dumping or by the direction of City Landfill personnel. SECTION 2. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. • /./ Ordinance No. 90-3459 Page 15 SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication as by law required. Passed and approved this 29th day of May, 1990. U AA t R ATTEST: 7779 k. CITY CLERK Approved by City Attorney's Office x/11- 9/ L/ It was moved by Courtney and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 5/15/90 Vote for passage: Ayes: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 6/6/90 Moved by Courtney, seconded by Horowitz, 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: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. ly CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3459 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of May , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 6th day of June , 19 90 Dated at Iowa City, Iowa, this 28thday of June ,19 90 �� i� 7/GZ cu \ am na Parrott, Deputy City Clerk ORDINANCE NO. 90-3460 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED SOUTH OF TAFT SPEEDWAY AND IMMEDIATELY WEST OF TERRELL MILL PARK, ALONG THE IOWA RIVER. • WHEREAS, the property located south of Taft Speedway and Immediately west of Terrell Mill Park along the Iowa River Is In an area zoned RS-8, Medium Density Single-Family Residential; and WHEREAS, the Comprehensive Plan for the City of Iowa City Identifies this area as environmentally sensitive due to its location within the floodplain of the Iowa River; and WHEREAS, the U.S. Army Corps of Engineers has recognized the environmental fragility of the subject property by designating a portion of the property as forested wetland; and WHEREAS, the Comprehensive Plan suggests that the appropriate land use designation for the property In question is low density single-family residential; and WHEREAS, in light of both the Comprehensive Plan and the wetlands designation, the subject property is more appropriately restricted to low density residential use, or RS-5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. ZONING AMENDMENT. The property shown on the attached map, which is marked Exhibit A and incorporated herein, is hereby reclassified from its present classcation of RS-8 to RS-5, Low Density Single-Family Residential. SECTION II. ZONING MAP. 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 12th day of June, 1J'0. S j•YOR yy, Jl / ATTEST: // ,,,4.4,,) rr . 7s� v✓ CITY CLERK Approved as to Form & Legal Department /a — 70 e.. EXHIBIT A Rezoning RS-8 to RS-5 v \ ippippi/-t _______________Y I ' \ ate ----samiallik 4 ,4%,...-- IS roma RFBH int R M 1"14‘ l'4? 2C . " �9, IANi"� ►� • , e I • .:nib v ill RM sow '�� r�r�..:. 12a tis . ..RS i I f' TA or 20 , .•n UI f NAtkar i se 20 - 1° - 4 T 096#.9 �` MILL PARK % 0 4 4, P 0->s\rog CITY i nt s PARKi- ts ar 4 0 rile n114 OM ells eke k0 fs\ /iisti‘Arellillhin -- . 0 i 1-----\ f•-•( / I 4s It was moved by Larson and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick First Consideration 5/15/90 Vote for passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. Second Consideration 5/29/90 Vote for Passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Date published 6/20/90 �5 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CII( 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. 90-3460 which was passed by • the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of June , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of June , 19 9n Dated at Iowa City, Iowa, this 28thday of June ,19 90 e-SCIL-97 'a •na Parrott, 'eputy City C erk , %0-3 L4, g OFFICIAL PUBLICATION OFFICIAL PUBLICATION / /J IE 5 AN ORDNANCE DWA1Roam;0 THE STORAGE.COLLECTOR, Roam; unit mese any latrat4 Ps roan. a aa TRANSPORTATION AND DISPOSAL OF SOliD WASTE AND etlldmM hatable teame mace w.n I einem and CRYREGULATING LANDFILL DFI L. SERVO MINK IOSERVICE AMA WA CRY IeIOW THE IOWA baring 4 s tt°sere pod stq 1 which w tM4 a SCUD Sat DROMMI TO BE KNOWN AS THE imbed to be used Mese Per Yep at emeprp. A WHEwEAB, to. Cly d ban Cly den to siecttm roaring ung Mal has ah and UW eawir amens for mange de teal a Doke waste waren the Coy ab at the adds top b1 We"barna a Mt c .rens toe In Una Day Mai Yb wawa a naming me may has kitchen and pang Maas WHEREAS,I e Cly mal Campy wet Sae and federal assets la Use by he=LIPS therm, For GuiGoeee a raguelbre Regarding we Mame a lab Web:and this crapes, Ree la rooming alas elan be dbwed the WH€IEA$w Cly amass toed wade pileup to seas Miami Cl one MON let d IN residents aocstet a11d Sad wase men spaded a dsaded wane merles r MEIEA4 the Qy Ding end owes a sed wads In•acid a sembele der Including ha w ISIS to emcee redly a•nac Jdesan Casty ad the diee a Barbet mere rause,stage,yam new,appancae speaS lane and Ilyvelde a Warnpn County;and wear demoemn end mnwalaa reset and rrmemW, MIERFA We ley Wo Melon to coma law wase its IPmrwa t and awwial wase. Marsden wee Sale wards marts nears a Iscrede used by any NOW, THEREFORE. DE IT ORDAINED BY THE COY penal Of mesa to Man Woad wee duMg the near OJUNCIL OF THE CRY OF IOWA QTY.IOWA. between told wade cadent SECTION I.his Chapter 15 a sot Coded ddnana t a the Said wise chaps mea the;recess d deuMry a Cela awe Cry.Iowa to ad Ms sane a hereby aramed nal d unwanted meals; In A'ISSN Clnpi 15 a r allay and enacting n ru aasao ow,a sole ere. waw. the Mal tact•nav-God m r LL'ahed end b rind as 1pwe. Said letiARTICLE I•uiJERn. system at s sea e. D m mina ne eY1 tcal. desk in 1st Purpose masking MIXiso l of a d r e- InerpawUL The impose d ha Chepw 15 Y m ran b fa to Man ecIaland disposal d add ere. ' Walt and wase a the Maned the aha bti PraMag lar Bparlef wane means elm maim the as be hautled a We oorplan and depose Of e ad waft by repealing the Palm In a Waal acme pan d dieppt aaWt ..,e auMPa•at ao®wn4 (*Meat Sharpe means keeping sew i ea l Or veep eat ewe mpag,lane as wap d•0110 watt wise. d by prodding ren tee tens d r palucan yea ase wee a a ldwlbn ter re mabalan end emcee a sad sera. W iempY. SS 152 0•enYaru Transportationmaretle hvepedkg of am was pan the ma a lava dry bra t.t a ab mlb bowing Yr ig S dsrell cr.d m'•�•s-lb waled ICmpler an nsar m emariha,bush ad garden drll ir'•a Mandalay al customarily word May'eaedgl pernaamp. In Terme BK!SPling Cavy senna. In wenn•blew Canaa Dctbnay. Wes rel dewed a Provolone d Ms dapxtogethernso any prbROOS y wed tee have We mwIMS as Deed Ni a aagpded ordnance eymirrwn by tee Janson p Slee t i a lapsing b the Sa Wd Waled CleWawr 4C) Hen vial M rot Ii a w e 5e ane/ r.eat gesso leaaal Swalnwbr al DotuntM, u,. Gammen' .ha Clyo marepenrm a we•wr,i.G, Sas.164 entoreelfent wen•mase mrNpe lellatlprt to meant Muse Ni prow b ensue ret Pea Wal N O.ra tpa me how use,and Mal Include refrigerators,Mom,microwave tale promulgated thereto,and regher with u appheL•gassy OS.Sherpa.sear eters shale deem water stale end elders.fern regulations. the pins a Masi arose. w amdeai plwredwae amr rhoMsd to elopes r pier a boll wade mal%rnes taleDei SS WOW*ear wan el ane'pe ce wen ala hwdlabn a mine Cay. a e caW wipe ata. avYwg•paste angine,n Seat motor or an ben pro ea.n•Sed Mat the mai Merest e•Ieanerts pae®ng asoCam rgang a ism d add areae as a B1vItlMg ds enrlSai artreeeerrmriWhen We we cd me Clams ararespandg inn litaalWmh edManlwl a bnbWyr a nep tech •r•Nim Saida a dale a leafs i Yl'Y,Mtn memo Yap Ali �D T-3 ! 511 comsat R'mann b or names.masa amk Omens a flannel, n cI ball arm and da s m tosucha / orb merdsion masa MR die tiny Tat'.M r axiom sea to cay as ere M'e a &pry abash notas mawuda s Mae wawa d •d a ee meaag remora ends sad wan Iambdbde tame mmmawwm wee mesa with en managementareas Iron ma paws dabsatmmaea Deter too bele a loo arvy m be deny and oavmnixny a Indians,beeaasrr watu n a gaexnard entry:pry or baea into solid wane bane cal rear by ea male remota any perms user sow Own. were a edge MYeaoa emounI;depose d roar nocnrtam g std wade mmlmw; wadi awing Cc abate the nuisance In accordance cdCommetplel sad vale mats eatiSalm ge of Mae the operation a any co mnerce& ld4as asalaolw, N d Ra lase Cly Code d daharcae;ease the nuisance agdpWel or alar rawest end sell So Include acid oder Me kik Chapter 667,••••Pia OW Veda,a Printer's fee 12/3e41 wade rrurg horn pia pre&eewng tauees Mina nee ally one of them remedies by We City Mai not prelude the awl four(4)dale g ace City Iran Russo wry caw remedy,and hawk nes we DemcInd,nearly alaaaa d•awea a•balm a deemed amen ad a udtob• - CERTIFICATEOFPUBLICATION ro re caning limy as t•ablaire. end •StetanS wawa a eaarw ae swag Seance 01 Wffl ear ydsa a •Wfflefflead STATE OF IOWA. Johnson County. ss: DOOWOr p••••We ay maga ba WIN aerates meow" Sega THE IOWA CITY PRESS-CITIZEN (1) Be Wa m warp to ea paean, neaaaae pet pe se nota msec dere new age al ton pale idea area buena a weer to eat lamer a pew cep psd'csydto destined daaid wane mars Meg a cepa*a do(5)mtaMJM(1y giant R) grate des re CM M deemwad Win a isolation a P. Dosing ende dear a outigslima wary rise toes DeeCut,sada or hated to Ree used w tridents!ampe cy. (a) DMMICe late waabl..wee Swop le Me amntee Dwµlg mat mem say habitablewMin a gap el Ptomlce• a Ma Chaplet mer.aat oeppba• g adjoining halaa RM PMara r • averting sad Many,Kelt Of meas Ian: I, weep•ed IC Re ppwwio ng, see carat are and a (4) Adam ala ywanea repand re be ben by Me w intended b w rand a Meg, wean, Mama Yd Mending party b neva me main Carol Barr, being duly sworn, say that I erg co meat The 00601 Sha ammabb • porer yma ed5e Gamete Rete pit act.Yea a meas waw wormwoa y d:•it Posta a a an•Plalaela wee We am the legal clerk of the IOWA CITY .nm'hfanwhYea,apop.wmawmaw.g.or WOMENMpwyaaaag budding, See known PRESS-CITIZEN, a newspaper Raabewwainink a but a a rata m pripogws cormarpon of lent m al Me sepaovil Vat Salaam rate bra ta ngttwpt,ewes, in said count and that a wa exptenwrtel peoceStPamne mare%Keo aasy.aanee agaernfaesa, y. published Y• ra ioasM mein.and those wastes nakded by desmon Bec,154 Deaaae a rts-aarig 5I . notice, a printed copyof which is hereto aSedan eS5Bal11ay Cade d Iowa DEM)w Rum a the Tha demon may bet antro rade ed siont lows Depnmres a Nadia Resouran rueadteote and neoeaary raw and reprreylvenYg,as attached, was published in said paper L t shameat de howl Car L•MS located IJOareOn al lrtedb: COMM,mea Il) Spec eats for add tow Coeaet MMwag M• __L-- timelsl. on the following Lancia Saba Moe aw mJonhan Countykdi ng tan rwa�owatmMame.npn,Mame.Diow l, pm sod tope incOrialled it datelsl: w aR sounkrappetal t outlook tot mum telated Mean.n City (2) Meant end Rev amtWM On beer a cad wase lee /� pada cabal braes mean large w said wase vol.1w. #11.-/„." .?� 7O islyOCcupentwith aero say giant who Sone co farcy a 1A SCons atavisms and repteawe d ear are ''r//////�//^" /5/7 •M?Yy wah a as. ou be ge Mud simmomsaba a ay Samba / pr pert en a any as kr,to a a astor o e is N) Mel and rear n ioek on reelwPme•n d property,ala r away Glad,tenant r,rapro owaa. doge non•or Cly and mat / �/��/J{)/� Dealing SAY r to pe apses,Ip b raceare ciy. (6) Spina palma a wen sere Mot tee �r '•"�C�f C/ melte.of 01 octave who has an ay nae d e (6) SMaa demmcman a9uosrw+t w w a sale tow rmolde et the Chapter and who hasaYa ars a m'r,&et ramaom We awls♦ (7) Eua..are bstmpedred porudg el deign a Qepte IM w I Me parry a nor e I ulcered d Sola e Clrot its and weal oscines M Ian been cured w (t cape a sold inane remedied. R) Reeds re ire w types a said waste recand Y Legal Clerk Owda MVO ere user, eton, ge gem, occupant Sipes]1ST'S ado. smart het. mese, geanbnwmal and, Bo) Handiwastes,sludges,elan geneses were,a hazardous MS SSW waffle'. av®hmon Subscribed and sworn to before meassoyageeion°duciaryawmataYymmbwhonoupeon tiara, I• L• a any aa.uM1duaay a properly Shtae Io who oaopat wave,bury asap alma.wanaase owl gaper.Wild *messes. w or eine popery en a me Isle Cay IwMM anew,baronet epplWm.•e.aIy•acid w Seance Area Yana who swan or generates said wase within (l2 Soleoce"Toot amogenrew rat wooly rd Mlhorn e ,'/t y eta awe Day(mala Sava Anil (.21 Camara meter Dae web resang aeon Me opth i day o f u�i• A.D. Owner seat'nem any recognized Innen a ownership a a,ast u, mew"' a more than mer (4) Y rot a peons popsy, Masa; e9Y ad pumas property napes. (15) Awad cation of apps soy bo a the /��� �y�i/{/e/�/�����//J�/'/r��� Person shall Magda labial'genets.user,resads,a (e) Holum a operation a lie WreblL I 1..Q=\ party. mut outiast eine apaaron e�a-ur U4 A aWY a any and aI Ma el Ieprmnv issued under reeln(Ia."tuna a ay cantina"baba a anti agent to proves s a to Sans MW be std a Me asp a hie rweemsalrn a fiduciary.Meal. Cay Perk,el anal be mates res w p bb kapabn during ersns.mbwtlr any internal In lin preppy.Mat fen ea dame ooziness tun sew laded a twangs ad rmprowMnn,ismer wended swat 168. Prohibited a•abra w Ce used a nada W.commas'R Samna d aha be prmlda for any Meal, nraleae pay. Notary Public Onc;ming Means peg. caatectet. p at operator, ewdom, occupant a imp..es any agar a Iwnenen ,re=YON,asap W t reprnxeMve thereof M. SHARON$TUBB$ caner poems whereby eve webs chaeaerwio are taw (I) Depne wed wear anions.. _ radar,a sold wane Gamy a reduced. era' serape anal ROgamg mane my process W *Nth moa wade a man in•aura ere diet team oy me Yv mead seawa.pawed a mance m tae a be Ism Via, or prepay ti site, by ate r5' a ran manes a produda Re yeag MS laude the Ch) lento n ay neap Wilhil Neon.loge.or .: ...... ......... ener� a myard wise.NA dose not Include ay forma MaM onsion el sold were:sea equipment me equipl Rause means sole wee iw required to be recycled or re- orae anden soldenpll.ern*orhal Wee used a sews tontwine ooleaw• M the Were Ratter=ream any wap Www wended w MOO' pMameae d tee dude. ang used w reads tal use. (3) era,race pap lay or pint peace a pry refuse Residem nes any parson or group a persons who ire or on any receptaclet5eciballo dAwpaed by tee occupy a nweMel railing,being une,a raining unit. altoa pAaa erne as a eaejdacie m Y used any la Resident calm anew melt sad ease regaling(LORI ma Spam a revocable a rale Wel lt maintenance end open n a sMgeaxaN.dupes,MaieilNeon recedes.or messed wee Ni anisette a at end four.pla dwelling..Inducing sl waste from operation (S) Utter taloa ran aped.LelN deeenata w seal waw. a none oxlips pal which camas ism the rsux6Tnu Secibet 15.1. 4 Rr•rrt a We appraa zoning=mast ' ' Resemble Party men ibly parson, persona or ARTICLE I•COMMERCIAL o n^^wea ems sppy whO obis'Orono a HAWIIIB 1101.113: B g taxa an sate td sewer.ria alio Ree wade sense Sec 1614 Perna aped in: 1 any includesorany pian who pays an Mowing account to No proem bans responsiblea shay WY engage in lin �tmosain ra any one de a mmpwole d sem Itl snot Sreemiac. waterg sewer soled wewaataon. RrMaole Pay tel Yes a eplano aaayag bel f/tMYNtn eaa nacre men an ascan Mer a Ow above amounts. M moss ate rein the baa Cay Land, AI�MedY rte o atahe one person a ata n an sonata O m mealea to 1n annual peons Mon tin OWPec n Serer,ea me deemed a Rerpsa0D Pdm Pa end von d ocean tel CO deemed a way a enplgw a me storage and distal a void orate el mroYSIdvilttw alder of any with eat!eio pant sae he reawa for Chapter 15. Aprzdo a Irregular atsenon and usepoaod of awe RaaJbn made mama el paw t tnMfwn a da altre healed,teltf a wneehm minae,a e der eta peas and woman a sans to tee Lancet elle of old numb hr Pang or animals Wim e swot wnsne my se anon as W tha ause upon Hawaw.a pined sen be said w para who ppb 011det an by me Dacia min seam.cur Lear ares to �g peltas arab a aha bee and Mica el neon mer era Reser mato,*b we the need or to Wang pecan miser n•Noirdash mala It.aselarca a the offending ruse. Ba 1611. Appliance. OFFICIAL PUBLICATION OFFICIAL PUBLICATION --OFFICIAL PUBLICATION Lan" - '" I Oda Si b or(arae mead q Oran 1610 Thew aeledce reals Ca rises lt'raid sib•on •conal wen w CIM. .r Peva a reOaaWe PMN I cQ �3 Mal ate M r aosrapa a rasa are d Was Dranq•Midi raid ms be estates Me roan res r ids m soma•sera (1) The rrerrb d fad awl m be caecm0. add to man esti ace urhdw tw lent d the lama will the One aha res ad a S adad mmol o°naald,paces*data-d a tadea. suresmn.,may corn's to maw Cay Maw poieaion depose brae afneaa mend d Cor /1a awl e yi In the aenb adds smite.Y MOM*ditdWted d o4 cepa lle d r parka M the rif lea of Fre,I The number deold waetrmmrum vslidabr 'b/M owhr dw all Mrs he a Prod d ams.to Make321-55del Troepal rebern veMlrYreka la ; ppmatyyW res W8 °a d are acorn(a al tab Y I (l) The abeam.ttal mm the name ol arty Deleon. CilYTae lteota mayr�i 70 re err id 4 aeetge Iran rMndr ren i "a load -'°Y ares. Al I Wage PAX.WriR melC'a Pearl trey•Mr0. nubdm alMeaion lien tl also dr.dIX arsnPwrse ate tM Wal con d e Ma Di d de Ire olein de awl e wry. QwWi9 rid a e eza mmalla at st ism ale, cf thest We d alai b IM nepadde Pena t (4) Tar Y rmpbaw have an tebmaa5dirg d epdua alatea are lea end part tarmac P. mlanmar• c ,e s Y ted d d. Mawr a blaanW Sc tea Depose upon beancy a account maedi and decal d ski tae. wan mads fres a weed puma A da cion rime May chewed We weeniealta ' ' (TA flus Mm ronlaicn r may be rqued by the Sec.10.'11. Gammon a tree ppli•nw end Wry Osepn. a d dry rad rola col ear esmb 1' Otetta, Tura amour area ndcrtata wee car to road. See 15tL lehtla the r pmt And M APpooae mm aha Geta pi from by■passe y.aS.b Uponn the occurrence d two delinquency charges tor°ny one l II tee mptalml b aha Drml aal•d a Seaian lslt Mia cadre makes ed paid by a Ca.tea be d Oa Orate avec dry-ane dem q. Yee, the rd Ory tapeta Ma nes a applicant wR ilea. whored by the Cup a such melitis parr.,but are/ Iec -,tti e°m'be the rdmd(c)shall r char m mer ' j tirap ,arca'toe dispose a sold awe arm'rand ode Deny.omast�mpela rengement deiut�ll Pias we diner a no�Mm'aomta Wde alive ono moo too Gwen. The nape Um ' alar euanasrdbirem+pOArkn processor la coiled/on CMOS of rmal at t apace mora beaEOM being atard Won Me cabeige OWN els t ter a wins, red moss and teal w sos b to tie and tee M Me ware pada M e Sada d Fees, oda Iwfaenloreh pad.n t Cfteaar,then the Oueaa earl lana the conA arias b/ SWIM 32.1-65 doe City Cola I the tsparde Pent'reser has s maned depose Mie o Arra e. A pmol rttr issue be mpg b Me upper Sulky nytsehiepd Math Sicn 11Wwale feepit bans Md to Opal rase Mr be Maar to ae ' eseMe d Carter d to dell and d el aha wee nerace probed d tt Ca tel be coria,bo as t.__ Prior Pbpr aungtiencl tar a oae'hait be Spat soap'Sera The pomp rel r issued bei a paled a as TI MM endneWemed ash to Ley:Pmeme craw asy Delwnere demur ppm a held Sew re year laced year,ham each elYh4us WY Pa a Mitts lee N praAar rubbish mos not gad mam a alaaone Of weal as aWehr a rete a we yup ter the Is drquaa M r, Sdeah d Fees,NW p en a anis del ined by the Dna. ora b e delkuel Warn sachem a lob The , Neils M is Sedan lel peWda pr Apt d tee flop 10.12,Cada al aha and bran rat depose Mil be aisle mw ren St does pony Wien era b mepf Ma ml daiseat Me rI paths Tree M doh Abase be 0:110:100 r Wry.MWM Yrmlmr a Met accounttSaadeat Sc,.the ' Tree all due Sena dela by ca mral tree units area re r credal lo Ms®oat ' v„.•••••1_„ Ode d tm lggedmn ver Damp?wt tlr .werricAe d a d Wb aee tee clang en rudor all Si Seca 16t a6 Pw42-1SSara ore d the Gane. r mbar by es Gly. I pa a Tr lnbilt Ss.15-33..Yard ret. ARTICLE Y-eISPON.. PefnYY armM undo K dear rat be deems Reagent.yard weal&e r akar rpafeey Ian ha 1540. bawl be pt d proal to manila end anal re r traoverabm a are arm ware In ne sora mane a magma rade ham Sad was sours aaaree r a pmbrinp Weeny d 1 apnea n any made as spears approved by Me M am«ana tea the„non,d S' Datamci lion,cy. On era res consistent wish Y.reyutaer-'kat lis 1' rnledmn a.yard wale by the CM a nos meal*. Only and Sala list.. Malan 1544-tai¢Rand fly yen wads popsy tar n aawome by the Ao.15x1. Hata a Mall were. I ARTICLES-STORAGE ay, w paha by sepia 1522 ver Ina ids et are T1s ardor dry amp widen award Dente See 15A Careened naked s sed weds aha be taladee b attar Untepad or wale r Iarrdete a epee rale all may.pissed to The ttlaelwamawaarrar.Mawrda ewerq ing _a poperly 0v�Seats yard Web son not be added such reptrbd order the Crewel d Such sees r to a turee.blla and d Mary ale lional pomdaleg Iowa Cay Ladd a s e special Snag tired, t sad waleae pes, War 1a a al arrear numarrien pM rd Sc IS4t Can rete hal easel to akaia. Va'med M BepWr�tas aro asst omit tar ow edea dY std owew emcee to la Oly wee M Wad any d the materials from 1642 dart a ver odd barna Me wise ' ' partly eine dao can Melee pa aMlor redeh et: -7 MNn0.semrce a redawnW Paella.ea to a I:2 paiapid Wrl!'deSe oarraa a ritlr ds Iona Mated W thee wawa, •did west.arras M IWarM sad ware collection erre: cod am arab:wale otl n airy mane amariaaaanahe by to Deka b b a cpaeaewad tleWinde dl um ms-tare of ma, too meow gm a ePP/ b bitty abbWt halarora a t encedade b cdeaian. TM D'esdor ma Yea aid bene ham wast a hob net pew P apptnces Malan a co''sadon weer rte,and etas legations,bad aran and pay corneal vara Warta'col b babe socia _ d ee 1521. Reaurreras b pts teal la aemnre, dream%crying balms abeWroa as nwaY.m by the Dtsep,paws the art teatime were Dania a em ea awl somans ver mMaaMa rea raja to collar,as pared ter&mon 15-6 above rare a deans reed nen ramng n whole«b Tr data and idanl,arra a Peeved 0141011.19 g&C i,awlp LeSales and wade d MSpout a ad earl Spout Pern to Lanai a"Meat Ww . barca, a every Maaakwli der pace Cay soda teat apoeS fadlie°rel the Mur a tglkueurel a bass eleatianr.lW puler the CPe a pada M.Mks V d e Pear fens,data operata of WM Sfill. IOW twest Id be ecollectedvi l pWa sold W O feel am No. eon.occupant,respoMpe pee raider opraa loosed a operant)within Ser lands Sante Ase may ons mop ieseattc n errs Mre ma arnmonasrakr Pr e ils..in a r canners t,am ea rah taeuepea an sow a Mai oder or attempt a ail Cay herein dad wash d egeneated b1 the Lena pa'mr nes ring os el bei M•nasty dart amt and into adntbn aim wad Or err M. Aa medal nwa Geta len the La generated arra ar arras epos ed raring m r War Si n by a Cellndri Airy'y en peers ramp rap cora the Lanai Amu by. Appliances deposited 1st a the r S m 15-22 man aims Rte b madam c s a ren ase ham'Also st wetule a ee toss Loaahar•craned moor ba as a demsash be as je proal (I) SaiOra.Rads a en raw ens oneoreoeine le aaae d gvsuaMsknce.a.m t 15e Tr Coco tarn rrnaarl a cis o palms.eMt he subject to a , adds•el e.IraiW dry(2)yg (dA sari M bei Mining h den substances GeisMi a r at horn td caftan area 14 m be aadllea n tlM Ethedre d Fede Matey,Mrit woo* emee t tarty. 'cededinarteele a apedat ealheasapW firma 32545 wren,Mae r eato o.warpotl.sob ver deal the rmpdan tact a to ad W,lad be al arable=MI to Sea tIe, deposal a aha a the ofLanaMO a m,o id any ren a ono*ml rarr'r ltlmr to rrp«Wa well bore ata are etu h e iBaan bei arddra.Mmes,opera wan operators d MOS Am da may „trot Wei Mitts was darn 0,.*wogw b maed&e S yea Wrenn pf aame wnea a where bet lard ay eSthe wan ped, haheAar may oar a9 wad, Tr comma h at twee Noma mars wars aura b' e a ed n Meet we d bye atria allw eve prodded such untag war We lab a are areciIt cp MkM on Med kr 'Marl I e aura has,been veto Ihs r notice p• wend S b/Mae, a oaten dxwArg wren the I area aharda as Gle ay nsee Oar ab akeoal as drmamaW beman been rang Pas comb Swift Ada efl*)ag ham vain, wen leered lar to ay m Parr M dram ire mop 164 cord Sc 15411.r el to et.op reels r the War implying The wed spa lydBpi ue to Ma* Sen a co 71n,end lamad lea mamas Preto Dont ngwain t Wolds S Mkt Maas arMalituig The weal r p ares )Pere, Refuse mare.be arm SW are 42 yea wars area«opining wain the ILral Sera Aresma try Granit d natal ae aped eased m la)Pent a feepor NS lo as ad M r sad W 1542 ham ho batom,er sora wale a tll eche, pair that ace I Met c a maa merew a elms brelin a a d dat M metra w e placed ham awe p,S a b be Monad-errs,met ay a aesarea donors n es peathe ere with do Si berms bee n cam of me a tee put,the m hr Seeing r re psi aha a n Prt.'*taln til way games area weather N atsemgepdapra daar.no a e aped ma a co whaSite nen redeem t east premises tea ApplitMa'Mar west,end Wee le be madras as approved ty the Director.no 440 be yid:ed.c ann In nue be raw s to eeel --...45.1.p1Mn ate Wm mW.Na de pail: used la masa a natal soda wmw yam was mann n dor.mala da arm este 62) lel CV vie be Mo Raad ham ph denies wawa to vway at yaw Mat arab r wty r Ports M IIIM era wee.ham aha may ml be moa tea be tore all a aaa Si eek a ped paraben a dewier naa of g coats S ver r day kion b Pe std was rman er to 518 mn der spar tat rate,vis± Ca fa TMaultr t ware slat Pion to 7; tut at to sMO ealy riSWblab, Nana V.awvewuw tee•the °naming°I inlareatae foraary ar ar Ida dmapbb n;Wont oto dp0aatanteeaa Sore In°,2° Iran air MI°tthe mrp antaerreepea M baba Os a The ddM to iSlard war Pair Wee the regularlyuanot Pat Mae n d ani a Sees'. it he acw arta hon, eat mere agnett.bye sones V for I veal be r edaddned n ted Schedule d feea,6rlkr re efro arrulr collodion dry. GMveee ani r °114 diaper of Ilia"ft°'• soup awpar by e+Da b 3p.13i removed hat a ted On to east day vies. t mea, dispose d can par Ped lot alel eammdasodaorb tbe Weed a any returned to°iMahallaic*on the paw of areabsa.d Me.1.47. Partardus arta abpopladepher 1 meawas arI beerepprwaeby the DYedar. be hay parmaron neepge to foemiaa apePooh behazardouspe Waw masa ver be ardor erpW rb'g w be Sen ill-301 Rrpaueby a alnptmaa Ile Probated der ami versa Ma,buena a road a Covered r r times adapt 'ren cholera rad it flat be eve IradlWny d to mato.*ad a tolyl b depose aid was a maLaad n a malas other t Merry a removing a coma tad Cameral rewrote pry mr ineressarce a dial mrtabg do ten to deeded h to Aabr a a Ora a Leal I soda lapis ca+ars sag on Ca paha shal be Rt, me w)a fou(4)-warp arab Manusl compliance 5aW t b twee po repo b or Pea Mui rerFws,and akar is spar oar a a Wan Me pe oe'na ted pal. I015. For.plmsrr:i WAyem.Werra:a arch m aoa a ermpb dor ' ' ate Mn an.Weed ld lotted In Warnsie co ellen Surely+.le owns,deeper.opera.a the pr am who d SbcSti «gale a waste at pet he Di n e Tamers aerrrg war Mean d arena g the cornet r de responsible para ler the solid wise collection olee tatunt n a babel aha than 'o pada a the Dena Pursued NOW. CoiiaW.tem'wast.yearocs tlwbe repo person ter pays the edlarapeveeoeci lesanal be b anion 1341 d WaGmpame.on lyodspoa la leen cleaned e(lean Iib each once during the responsible for compliance with Ins piAuaea9Mbn 15 Mal paw naw busnp0.Wena or Ma to dispose ore mart may end once ads the month el Augur. 35. In the eve tee ase unpad the owner,.Man(ci on Scup a avow d appends,Med wee*a doe alae (4) Naagartrg My container nosCOMM'Mopened d the S eras a e r•epoMme Pay fol to assume n a marhr a■a location ate than -waded r prepephe (I) ham (3) d Ser era nal be redoes ee be ed mei aerance Mn em assume b hoer tat.15H,15.5E hast 1368 d the Pomba,apetedaanecpaegsorwmada eve Chapel, ad all te deemed the responsible party bei Dream Vldaioy d tri this pursuant S ce f day iap n nap d weal nonce hart the Ca. I Si purposes d securing compliance relations adopted by the Duren paeurl to Seton 15-51 mored wail seven(Tama and dada err delay ce Sac 15-37.CaMkm from oaten predw by de City awl ocean we eat Mme on e a s mar go alma; I rat ed ci to amara ab b darn ray be Pldebead and ash roan sial anises arptaw deme. The dear d by we Ca as wst The Cry Mai Si ma try m n proem sold waste, ml a art bei many suchsmote-asto a mesas hon Sc It-U. Spee a Ilmbe em brae maprgadanm ear the are own comm': Na some Me drat tease a rad fOr ren rose ecuned a Me rive rd Mahar measures ken Matas(4)Inches wsnn WesDec Lure cch aka ate to tl ,re°Ilatad mw Lowe Sng p W the en a l etee a*Wong to r M dear,together With Wash being reed der pkiwe rem ar sold wide, carte the apretpn d any a0I1iWbllei pe dlandng ore or pall hPerg vbWtloe d tie be rare ren M bundle/re ream Min bnYeienb(4a prw ion 15- l regulation adopted by the City Paean to ' Maes IoM ham span(18)Inds n alder Mon brig adaar te.tfbnSt,'agrkveuM or Oder aaednea tib $mm 1581 Shall be Waled Lace fa the twye'erocetia r poet env ten n edeas contemn. The ways a ea wean g Marmon. Iaunat nof, aat ce d Me Lamm caper Patera a en ander Per,aha Ora brae soda nor muco amt(4p)roar °g'ul'l w ren camaWm theta, or wool wrest eked the Cale intention-10 aerate • j eoltd wire opera pram are.then serail am war.na 154E Dean lm 1 Mdaael WSee tea A needadarr as be Stored can Sec.115-38. ReeoaeedMyd odaora M ba for nasal of sad wast aha te es pwrg In pew area Cdnmatel meq wee caeesere Mabe In Sur:war oneenna ver r raPON'be bei the to schedule a Fees,9albn 32.135. Mild apps Mae para ner talon the ower a the caeca d arm wale apo the pup M toldlbn m Makes 15aU-'M a. Reserved 1,'container as the sae a mesa-tie draw ren ham thewe aenparion yeet4w tan ma e'1r ata arm ARTICLE N-LIM:RING t ' been granted waren penal Iran the Ca Candi by way aha asp In cadres aha 6eabam 1624'1521,iS Sac 1610. Gert ma or we agreement,to use pudic papa baa purposes. 221523.ageand 15adtlhaoae The Mite MWlr known and may be algid a to lam The"usage as b both sandal em comma said My apace or barring Ma mag a reaeMg an Ca as*C'nnanra .was[arias has a be ren dated,whether.«ed on vw arta r mnnitla d tee Bald waxaar placed ecu Aso 1571. Definitions. pude a Mae property: Further,theslaem a•la sad ml acid be Madel a the Wending pest, and llnr. In ration to IoM orerae M law n Mae I d the container ad be rely ea®Me to Medea aulpned.to M the VeMpolSm Males a the Bdaamtsmlecb. Chapter..for educate d tqalic a ere awing tem4 i Parc earn Personal rot M eseera aronMt rn All sold waste end Ion rehires Maar-Wrsalbe May,words a o their bastion.ren man a somans: Rey ha d wlwma prmeern hon btu sones by luso M a aa,dean sono eennary arem„soma°hos ge us irate a as cemrwrmr now known or hereafter invented. 'City la storage on.Wblic proper,Camerae sad wastey amd'led 0tire+-ea Walledb°Peva°ege used a Mooned ler Mailmen or b riga n d Sr. The codeines anal m be placed In to area between any a Me waste All rekw,Deed fes nsporl ood d wird •away Mall Include,heliaplrs and IenaAp-air 'rming and be strep ran-of-way,the coup areas commas aim was shall te constructed ran enmaniabmlci dramas ad.S e lne. Mar to as'ramp' LW V.rll Mr Cala and the"mate me watt covers 4th Mlles sea ether be en regret pn ren Rted ade e a nen sage end caeca la. a I (massy line. In tar were•mea a caret oar be Ir rank wan arty bang bopped aatr a aha .taxa eve eroded M Article IN d the Chia loosed anywhere to prove tle building and ase ligand- be e sepageed WI of steads masa as farm (pa t'graat'Muse al and tutaM as cared M a tea. Need may Mare ration I property masa Il areal to raps arras d e oar b the vehicle Ireel•a,airily door ter r are and ares manes wnla■ Camera Barad air ay(so)ler d a street Ayaa-way ata oar Ina ham Wal banponriop.ono.t moan a depend r hewn golden, nsaaedy I mut a waned from vow RCM Sad ngdaea, n the eprw, g aha r Musa mom*to vride t endangers MO ren,eswy'end sodas. are a ml waste analr Manes a fluidic.)by reason tarmpatg solid wear No solid pass ape to Mtwara. t lsty a- newspaper a. duly drama es Id ver.Me Caney tetra•he air'MOW storage area transported In the ba .q'nWa'w defined by oral law,ling newspaper duly erg Ma to bei arced bed 2Mhcsa ad be RMkret flee (3) pert Steed Mie tom for Me shorn este a pal ate apartment-Ser United Gema epriamw MM Ia. Imweeri erg ran ape be Cared b Create alcor tlkl ham totll..mini ado camas or- re mrd swirec0, g ren ren rlaasapr IYr mS . et Calton MNtia:meaner,al are mmnal aha r waded*eh any raao.g ted a r woad by iia rends on the rocs-aonat'1547.bwave,warel A Kara pada under Seam below. conveyed M spa sarir°e. teat a laceptaw lee rd n e°am dsaa aha mea and Imre rtry. Serra 1625.1t-H Reared onrte magsob bag emMtea an sal Mal role a curt negate feria Naha ARTICLE r-COLLECTION Alm d the marerW beyV trrtepamo an iso an Ole arca' will natter Man four(4)sora per Y°r aro Odd p yr ark let,fl TRANSPORTATION (4) Gags sof maraca angle sec a etenaea bei Pao righldway. Oar or sows e•unem; to me c4.beW Moran Ilse,16$ cola S tion armada dwMnga used bei cousin'ham brtParkm d gemma le oder every other adore n b dry,Owns aha ter by I The Or at Pad r rostrata Wldelwm twang ban the the ay Ma Wave to MM daiyasfeaMm. eperra WS marionette a neda•dupes Meet rata M M rmadertll ear alien pooh/a geed a t any MXlnpi naw,tarp and burr sae lege,le ared In nes damp Ordnance, She hoe fo1.r ResmmdW canton art a da tuella ansae a Wed ear wren a M gen der The ler b Me odwia d Seam solid well nam �aa IIhraarlllaahY a IinalegWdt siregs T e°CajQtr ems rraxl ixbea wmMW pair:r aMla M Adbn 152 441 be r e arra Dana carat Of Industrie Pares. at M ubeoit era or mama wallbe' 1ootsaaono prwas whenever reeaonebyrouter Ire parted nthe Schedule aFedeSeca 32136 ayrskhamShan nenrtryyid,ponetteakdmrenI Oraa t Whbaa b mal naiads end to ea no Sac 1640. poet Wen aedltred d er[tur. to a thea MNY errraat w'tn me Cer d aecocea war paa rea.vatbuee mmNdm bwdethg tuoi,t ewe to w sp i nMa to pas alma Nail ware Craton sera account.a rammer sewer l a s Ymtlw a a m oat mraang.K y and rime&ar abs ea.- 10 ate awned.. Sri residential rase tdada Eta reword&edit a eum.rm ori er ren ore et der pupa Ow,l aha a glmera,stlaab.puha. I arra- Fare arra'd'eskare•ma woe..es mend%d upon rtsadMment of aha a SWIM as eases or ether coat wae.,tteetnar ten any and r attic ' Wined n Section 152.is wobble - ______.._ N i o m 11 m IP s i i a s Da a a• s , q1411111; ,y y a , , • , a a 9a� s a .asilliTillifillii111! 8� $S�$ , ; �fi � � I yyggE� y !! � $ FiF! # '� +a �Flf# 1 !e# � E �� £p$ 9a€� a p [a a8 F ias M8 g141111; s� a° € Iai$1 i �Dt;§ 8° I a w 5 `£ �5.li5fl !IiF ° 19 E i■ °aha � sd{ .IggE asIia 8$` Fya $a � S s7 F I a ° FFEe: F " °g �' qqlPiiI . , EYiib gl- iig1 bE 1F 4i $S , 5I a 4 a s i0!A] ( ! ' ° a °aa Ha 9 gg s$$a g; i S1 { 14 a na g a EEEF $ $ oeIII' i �n � ! � �j $ SS - e � - B j � ti'Fe� S S D� �Sij���� . i ����� � � �' ��� �e�n ��� �$#lF�s;g s � i � 1E�a i,�g� !�a i �'F$SD D �' a888 i iL z sa 99gg ,iRsyi b e s a 5 n D ! i d�� p ! °e $a � � e��� � �� 6'°�f,s ar° ���, aF ■� 4 7$;.€l � ��qg a � ����� a� �� �� y� 9 fi nag � �Fl �■� g� E➢p 9 l i02 a a s o Er e1Enisi ; a a 5 ig3 E 8 Sf P i !seY !�� a a 3F1t� � a� �s� ➢ S��EDfS y n na a ' € E §DD �n $ -! ti.ii! aD�n°, .€$�. i l{tF!t• llIf �'t- 9 31y111 ti ' P i; 1 ' °$ Fq io fl a F Fi' i s $:Yfil !s _:a FSga, W ,� F � 9 �.a��• i�Dg � �s���5 �� �FY.�I�F �Eaa � �t��� � � � € a '8D-�! ! n5s�� � i � n " � 1ba ° � � � �� �i ��� � �; �n is�:191" t3R F a '� a 11,5 a1P� 1Rd! i1555 1yyg ( p $g4i1jPS .sga l jjJ * a Qas ti15113- °n ias�f' aE$` 1 L 8i I `a !LaS '�8S $ i � � ��g d � � . ��g �� i� �� 'da S I � S $$���a Sa � �6� �^a �2i#aaa_ii.i �1�sii �i!PPRhili thith JIIfl£1n,I3L a �.� � i on-al 76- _.�7 ' 62- OFFICIAL PUBLICATION ORDNANCE NCE NO. 90-346Q - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED SOUTH OF TAFT SPEEDWAY ANG IMMEDIATELY WEST Of TERRELL MILL PARK ALONG THE IOWA RIVER WHEREAS,the panne bested can d Telt Speeders ere ImmediSey wee of Terrell Ma Part along ate bwa RNw Is Si err aced RSE, Senn Deers Shiers-Fan llt Reelpeeend SIENEA6,the CamWwAe Pen for are Cay of baa Cry ideas tea area es eneron errey erne tee b 0 W oman watt me e000pein d the Ian Rho;at WHEREAS, the U.S. Amy Caps d Engrave has rprogneed the environmental trashy el the&teed property by desgrWrg a portion of be progeny as Sneed wetland: end WHEREAS, the CamperlMs Plat suggests Mal the epappMte at use deegrvebn la the property In question Is low dwsy angle-famiy resided*at WHEREAS.W Iglu d tall so Canpe'eneve Flan and the waled drgmtrk ore euejed pronely he mare ninon*restricted to low ninety reseeaiS use,a RSB. ' NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF IOWA CITY,IOWA THAT SECTION I. ZONING AMENDMENT The properly Yawn on the nechod map,which Is marked Ester A and mcorporad herein.S homey reclassified from r porn pratcYbn of RES to 0.55.Low Demur` Fe t4 Rent" Printer's fee SiScSCes SECTION II. ZONING MAP. The Building Inspector is hereby eAhaued at araaed to change me Zoning Map of the Cry of Iowa Cay.Iowa to conform to m®amendment upon tonal CERTIFICATE OF PUBLICATION Peerage approval and pubicpsWn d the ordinance are w aned by law, SECTION III. REPEALER. Alore of na d ed pe STATE OF IOWA, Johnson County, ss: amrcrincamldwhhthe pa.nf.ddwOmnowears hereby repealed. THE IOWA CITY PRESS-CITIZEN $ECRONIV. SEVERABILITY. Bay erreaeaWw n,proWltdpast d the ordinance ai c cn tells to be Mend a u a O,t.i W,&I a.,rg aen steal ted DINct the nary d de(read.es a ends any sctR pawsa l a pet area EFa d d Weald KYAstlubo SECTIONN FE V EFFECTIVE DATE, The Ordnance net rte W .ant anal Isa anal passage,.acceNS d pudWabn r I, monad by law. Carol Barr, being duly sworn, say that I I?v;, •end approved 12th day of June, am the legal clerk of the IOWA CITY I / / w PRESS-CITIZEN, a newspaper % ant published in said county, and that a notice, a printed copy of which is hereto ATTEST �Q •% '4 oYk✓ CRY CaRX attached, was published in said paper ___Z time(s), on the following EXHIBIT A date(s):/JRezoning RS-8 to RS-5 c .-n.C_ /9, /9 96, Y ad 4 g e e 1 keez4-4-• ---_ ---- - --.'"/.....assiIlligillillhhe:\ Legal Clerk �0 =tina Subscribed and sworn to before me ,RFBH loam ST . this day of , A.D. RM 1t4., p y� ..- y 19 T!/. 2 • e Si. ave ►4� Notary Public RM I -11�, SHARON STUBBS 12 • „,L ' R s - `-•. I 4I • — u zoo .400 .�11 20 Illi ..0” ; - . 1 Wes . Pees I '`\ IS' , C/TTe 1.tI 111.1 ,M 06639 June 19,1990 0 ORDINANCE NO. 90-3461 AN ORDINANCE ESTABLISHING AN AREA OUTSIDE THE CITY'S BOUNDARIES IN WHICH THE SUBDIVISION OF LAND SHALL BE SUBJECT TO THE CITY'S REVIEW' AND APPROVAL WHEREAS, Section 409A.9, Code of Iowa, adopted by the 73rd General Assembly at its 1990 Regular Session and effective July 1, 1990, grants to cities the authority to review subdivisions outside of their boundaries; and WHEREAS, it is in the public Interest to assure that subdivisions which are near the City are developed with due consideration given to the economic,social and environmental concerns of the public; and • WHEREAS,the City and Johnson County are parties to the Fringe Policy Agreement, a 28E agreement originally entered into in December, 1983 and subsequently amended from time to time which establishes reasonable standards and conditions for review and approval of subdivisions within two miles of City boundaries; and WHEREAS,the City desires to review subdivisions within two miles of its boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. In accordance with Section 409A.9, Code of Iowa, all subdivisions located within two miles of the City's boundaries shall be subject to City review and approval. SECTION. II. REPEALER. All ordinances and parts of ordinances in conflict with,the provisions of this Ordinance are hereby repealed. SECTION II. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION III. RECORDATION. The City Clerk is directed to • record this Ordinance in the office of the Johnson County Recorder. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Pa ed and approved this 26th day of June, 1990. AYOR A< • ATTEST: 7� a n ea,i J CITY CLERK Approved by C Attorney's Office lb It was moved by Novick and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Balmer Courtney Horowitz Kubby Larson McDonald First Consideration 6/12/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration Vote for passage: Date published 6/30/90 • Moved by Novick, seconded by Horowitz, 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 seconded consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. Nays: None. Absent: None. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3461 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of June , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of June , 19 90 Dated at Iowa City, Iowa, this 10th day of July ,19 90 • — , Lai Via. Ra Ina Parrott, Deputy City Clerk Printer's fee$4.424k CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County. ss: OFFICIAL PUBLICATION THE IOWA CITY PRESS-CITIZEN • .NO. 90-3461 ' AN ORDINANCEES N HH ANAREA°AIDE AND ' SYS BOUNDARIES IN WHICH THE SUBDIVISION OF LAND SHALL BE SUBJECT TO TME CRYS REVIEW AND APPROVAL I. Carol Barr, being duly sworn, say that I WHEREAS,0Geera °n'�eir" Code990 Rega'°Se'sa,a l3EAS, Assembly A9 Regular $64p11 the nd am the legal clerk of the IOWA CITY °"BtlNeJua'•199D.grants°ocies the aunmreya�e g suoawbm outside a mak bounders;end PRESS-CITIZEN, a newspaper WHEREAS, II a in me public Interest to assure eShea wbdiolora which am near the Cry are developed•with due published in said county, and that. a coneklerarion gNengthe ewrmnac.Bowe enden*awrenlar and notice, a printed copy of which is hereto `"`°W„EEREE LS.thol the e and Adelson county ere partiesMM. attached, was published in said paper Fringe needy Aareernen a28Eagreement originate/entered Imo n December,1583 Ma subsepueMy emended horn tune __./__—_ time(s), on the following 10 time when establishes reasaud°sehmermrw ds and corns date Is) v for review and approval a subdNoiona warm Iwo Mika a City , and • WHEREAS,the CM desires to review subdivisions wpMntwo tig, 94a n se /9 miles it boundaries. (/ NOW, THEREFORE. BE IT ORDAINED BY THE CITY , COUNCIL OF THE CRY OF IOWA CITY,IOWA, SECTION I. In aCCUOsrCs web Section 4090.9.Cale of lave, rill su divisions Iocstedwmsn two miles Co the ColsboulbMes /J Nue be subject to Cry review end approval. SECTIOgi /f cead� «amass II. REPEALER. re ams ma vi and ancs e f//�/\y L hereby reamwXlia wan the previsions of this Ordinance are / SECTI NII. Sd. SECTION Ir. SEceR BY invalid Ca .dshlln robe naor tOrO.wrce sIM hole or anOn Bectonot Meaisnaapa. the Ordinance M a whole or any aeaial,provision Sr pan Subscribed and sworn to before me Il-Ba not Sludge!Invalid or alamtleleloal. SECTION m. RECORDATION. The Cay aCleric S C10d 10 record Mie Ordinance in Ina Office Co the Johnson County Reduce. this (0 _ ayO f — —, A.D. SECTION Pt EFFECTIVE DATE. The Ordinance&eh be M ellen atter Ila final passage, approval end publication as required by law. P and approved IMS 26 ay of June, 1990. 19.2(2 / . 1 a __L ,&aiA YOR Notary Public ATTEST: ) .ktead 4' Tl',4� ri • ,•- - - .i CITYC K SHARON STUBBS 06814 June30,1990 ORDINANCE NO. 90-3462 AN ORDINANCE AMENDING THE IOWA CITY CHARTER BY AMENDING SECTION 7.03(A) AND 7.04(A) OF THE IOWA CITY CODE OF ORDINANCES, IN ORDER TO CLARIFY PROCEDURES CONCERNING SUPPLEMENTARY PETITIONS FOR INITIATIVE AND REFERENDUM PROCEDURES, AND ALSO CLARIFYING MINIMUM NUMBER OF SIGNATURES REQUIRED FOR THE INITIAL PETITIONS. WHEREAS, the current Charter provides that supplementary petitions for referendum and initiative procedures must be filed with the City Clerk within 15 days of receiving a certificate of insufficiency from the City Clerk; and WHEREAS, the Charter provisions are designed to allow supplementary petitions only when the original petition had the minimum required signatures attached thereto, but was not designed to permit garnering the minimum number of signatures within that 15-day period; and WHEREAS, the additional 15-day period should continue to be used to correct insufficiencies in the original petition, but only if the original petition contains the required minimum number of signatures; and WHEREAS, it is in the public interest to clarify the Iowa City Charter in order to avoid any further confusion and make the process easier for both the City and the public; and WHEREAS, certain portions of the Iowa City Charter, namely Sections 7.03(A) and 7.04(A) should be amended to reflect this clarification, and avoid any confusion as to the proper initiative and referendum procedures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. CHARTER AMENDMENT. Section 7.03(A) of the Iowa City Code of Ordinances is hereby repealed and a new section adopted in lieu thereof, to be codified as follows: (A) Number of signatures. Initiative and referendum petitions must be signed by qualified electors equal in number to at least twenty-five percent of the number of persons who voted in the last regular City election, but such signatures shall be no fewer than two thousand five hundred qualified electors. Any petition that does not, on its face, contain the minimum required signatures defined herein shall be deemed insufficient for filing under this Article, and no supplementary petition shall be permitted. SECTION II. CHARTER AMENDMENT. Section 7.04(A) of the Iowa City Code of Ordinances is hereby repealed and a new section adopted in lieu thereof, to be codified as follows: (A) Certificate of City Clerk; amendment. Within twenty days after a petition is filed which contains the minimum required signatures, as set forth in Section 7.03(A) above, the City Clerk shall complete a certificate as to the petition's sufficiency. If the petition is insufficient, the Clerk's certificate shall specify the particulars wherein the petition is /`7 Ordinance No. 90-3462 Page 2 defective. The Clerk shall also promptly send a copy of the certificate to the petitioners by registered mail . A petition certified insufficient may be amended once, provided, however, that one or more of the original petitioners files a notice of intention to amend the original petition, such notice to be filed with the City Clerk within two days after receiving a copy of the certificate, and the petitioner also files a supplementary petition upon additional papers within fifteen days after receiving a copy of such certificate. Such supplementary petition shall comply with the requirements of subsections B and C of Section 7.03. Within fifteen days after a supplementary petition is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended and supplemented, and shall promptly send a copy of such certificate to the petitioners by registered mail , as in the case of an original petition. If a petition or amended petition is certified sufficient, or if the petition or amended petition is certified insufficient and one or more of the petitioners do not request Council review under subsection B of this Section within the time prescribed, the City Clerk shall promptly present the certificate to the Council . SECTION III. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. EFFECTIVE DATE. This Charter Amendment Ordinance shall be in full force and effect from the time of final passage and publication of this Ordinance, as by law provided, unless within thirty (30) days of publication of the ordinance a petition is signed by eligible electors of the City equal in number to ten percent of the persons who voted at the last preceding regular city election, and said petition is filed with the Council , in which case the Council shall submit the amending ordinance to the voters at a city election. Passed and approved this 26th day of June, 1990. de ligaS ,ISR ATTEST: -27u«�,,J ,42:„„)CITY-CLERK Approved by Ci'Ey Attorney's Office .r—0e5-9D /7 It was moved by Ambrisco and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x • Courtney x Horowitz Kubby Larson McDonald Novick First Consideration 6/12/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 6/30/90 • Moved by Ambrisco, seconded by Horowitz, that the rule requiring ordinances tole 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: Larson, McDonald, Novick, Ambrisco, Courtney,• Horowitz, Kubby. Nays: None. Absent: None. • • • • J -7 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3462 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of June , 1990 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of June , 1990 Dated at Iowa City, Iowa, thislOth day of July ,19 90 CIL/4W Ram na Parrott, Deputy City Clerk OFFICIAL PUBLICATION } ORDINANCE NO.90-3462 AN OP&NA NG THE IOWA or(CtpARPER BY AMENdKi l 03(A)AND 704(A)OF THEIDWA CITY CODE OF ORDINANCES, IN ORDER TO G4ARIFY PROCEDURE'CONCERNING SUPPLEMENTARYPEITOONS FOR INRTIATNE MID REFERENDUM PROCEDURES AND ALSO CLARIFYING MINIMUM NUMBER OF SIGNATURES REQUIRED FOR THE INMAL PETRIONS. WHEREAS.The tenant Carer provides Viet supgYnwu°ry.. patine for referendum and initiate.procedures oust be filed with the City Clerk within 15 days of receiving•denotes of Insufficiency from the City Clerk;and WHEREAS,the Charter provisions a0 desired to allow supplementary pedlar ally when the agirnm patron had tie rarer required signatures mashed thereto, low see rot designed to pants garnering the nwwawn number el signatures within that 15-day period and WHEREAS,the additional IS-day period should continue to Printer's feeaL- S /'H/ be used la Covert osusicendes In the original paled°,bait only I the agina Anton Cameras the required internam number err agnataes,and CERTIFICATE OF PUBLICATION WHEREAS.to nthe pubic Interest"deify Ire kweCay Charter Si was to read try Kamer coeuaan ere make We STATE OF IOWA, Johnson County, ss: process eater tor both the City and"epubic.and WHEREAS.certain portions N me Iowa Cay Charter,rmmeN THE IOWA CITY PRESS-CITIZEN Sections 703(A)and 7..04(A)Snead be amended N mesa Mrs ebrdicaan,end avoid any cordua°as to the proper Vaatiee and referendum procedures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA an,IOWA. SECTION I, CHARTER AMENDMENT. Section 7 T(Aj title Iowa City Coma Ordinances is hereby repealed end anew I wean adopted in lieu thereat to be-minted se leaawe:,7 Carol Barr, being duly sworn, say that I tw Nurnmust beNanedbresriedeea relwt,peneorw must be egned by queried sea d r equal in Runts to am the legal clerk of the IOWA CITY �lo est percent esad number tsu signs who PRESS-CITIZEN, a newspaper anal be no fewer than Iwo thousand fin hundred published in said county, and that a p1e"inthemied a° a"p'°°nb�atu"na'al is ned eCe' °aairtm.°mumu n required sigreles deraed herein notice, a printed copy of which is hereto shallend w pawns bep"eeerntiadArticle, attached, was published in said paper sECIIONO. CHARTER AMENDMENT Secionl.Dt(A)of the time(s), on the following Iowa City Corers kw Mead,ces s heebyeowsdand anew sedan adopted m kw thereat,to be IodWed as talon: date(s): w m amendment.Cetcy Clerk. Wean twenty days ane a petition is Ned which contains the minimum requiredagnaures.as set lath ISection 7.03(A)above, the City Clea rm stall compel.a eMtate as to e 70 potions slliciency a Be psnon a Insufficient the `y •7‘), 9 Clerk's certificate shall specify the pelicuat wh ren the penal a decease. The Clerk that also p mpsy send a copy s the certificate to the tiers y be registered mat. A petition codified Mafiosi mayoremended arca,provided,however,that ore a more ot tithe agirel t _ paboners hes a notice N intention to amend the anginal melon.such name to be filed with the City Clerk within Legal Clerk Purest w° alsalter o Nee ang°copy s pprerera&y ppitmannueal addtonel papers within town days after receiving a coq CI such cenifcate Such supplementary petition shah Subscribed and sworn to before me °nabwfln erequirements asubsections eend Cof Section 7 Wena fifteen days Ste a supplementary Ligt psto a Wet the Lay Clerk shall complete•a deed and // r to Me summing the C Nae petition,r amended and thisl —day of A.D. awfcne' 4 endsepronto/Aycopy ab senda cow the dendcae to the petneaq ne registeredr e the met. case N an anginal petition e a penman IX amended �./ petition a certified insufficient nt ethe petitionror amended 19! /1 paten a[rued request N One Or e N the `/�" /'/ sheeopetitioners. do oat request Council under the oyicll B sh des Section poses the ane pwctoIna Co Cay Clerk ensu P'0mpbypeswe the certificate to Ina Coerce. Notary Public SECTION a. SEVERAeasr(. h any N the provisions of this °roma:a are for any reason declared illegal or uvea,then the ,awue said pawful N the Orarerca what are&Meade from S SHARON STUBBS sad povbvaaeau be as farm In Nun force and sited,the TIM r In the OrEAarce contained no Maga or void• • SECTION N REPEATER. Ap oranarces and pas N "w-" ordinaror,n conflict with de praetors N the Ordinance are hetet?repealed. SECTION V EFFECTIVE Oft . his Charter Amendment Ordinance shall De a full farce and aaa horn the time al final passage end publicatiOn 01 the Ora vane,as by Si provided, uness wahvl deity(30)days N outdid/Oat 01 the ordnance e pagan M signed by eligible*eclair de Clay equal en amber to tan percent Of the persons etc voted s the Int preceding regular cty eeaan,end said parson a flied with the Council. M which carte Council Shall submit the amending ordinance to the velem at a Cay healon Passed end eppoveedttn 26th day of June, 1990. )teiS ATTEST: Ga .. TY'L ' 06815 June 30,1990 0 CO c L. • ORDINANCE NO. 90-3463 • AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE MINIMUM REQUIRED DISTANCE BETWEEN BUILDINGS. WHEREAS,the Iowa City Zoning Ordinance currently requires a minimum of six feet between principal and accessory buildings for fire safety purposes and to allow sufficient distance to maintain both buildings and the space between; and WHEREAS, relief from the requirements of the Zoning Ordinance Is permitted only through the Board of Adjustment; and WHEREAS, the Uniform Building Code also regulates distances between buildings and permits,through administrative action, the placement of,buildings closer than six feet to each other if fire retardant materials are used in both buildings; and WHEREAS, it was the intent of the drafters of the Zoning Ordinance to be no more restrictive or burdensome to property owners In the provisions of the Zoning Ordinance than in the Uniform Building Code; and WHEREAS, three feet is deemed to be a sufficient distance between buildings to permit adequate maintenance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENTS. Section 3657(a)(3) and Section . 36-67(f) of the City Code of Iowa City are hereby repealed and the following adopted In lieu thereof: Sec. 36-57(a)(3). Setback from Principal Building. No portion of an accessory building shall be located closer than three (3) feet to the principal building. Sec. 36-67(t). - There shall be a minimum of three (3) feet between all unattached buildings on a lot. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of 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 10th day of July, 1 90. • • 7YOR ATTEST: //((Gf•[llis[) -7 iti CITY CL K Approve. .y • j ; _ 6//0 City Attorney's Office 68 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x_ McDonald x Novick First Consideration 6/26/90 Vote for passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 7/18/90 Moved by Courtney, 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: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. / 8 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, 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. 90-3463 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of July , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 18th day of July , 19 90 Dated at Iowa City, Iowa, this 16thday of August ,19 90 am na Parrott, Deputy City Clerk • • .�) OFF ICIAL-PUBLICATION Printer's fee$� ORDINANCE NO. 90-3461 CERTIFICATE OF PUBLICATION GHANGENTHE MINIMUM REQUIRED DISTANNCEIHBETWEEN STATE OF IOWA, Johnson County, ss: BUILDINGS. WHEREAS,the lows City Zodrg Ordinance currently requires THE IOWA CITY PRESS-CITIZEN a mtmmom of six feet between prrnopat and accessory buildings for fire eaiey purposes andlo allow sufficient distance to maintain both buildings and lire space between:and WHEREAS, relief from the requirements at the Zoning Ordinance is permed only through the Board of Adjustment; and WHEREAS, the.Uniform Building Code also regulates I• distances between buildings end permes,througbadministrative Carol Barr, being duly sworn, say that I eaten.the pfacemem of Widnes closer than sa feel to each other,d freretardam materialsare1sed nbotpbuldilts,and am the legal clerk of the IOWA CITY WHEREAS,ewes he item ot the dreflers or the Zoning ' fo,naice to be nomore restrict/got burdensome to properly PRESS-CITIZEN, a n e.w s p a p e r �owners intpe provisions of the Zoning Ordinance than In the ublished in said count , and that a 'uniform Baiming Code,anq P y WHEREAS,three feet 5 deemed to be a.sufcient distance notice, a printed copy of which is hereto between ba"mnsetopermit adequatemamtenance NOW,.THEREFORE,BE fl ORDAINED BY THE CITY attached, was published in said paper COUNCIL OF THE CITY OF IOWA CITY.IOWA,THAT. time(s), on the following SECTION I. AMENDMENTS. Section 36-57(a)(3)and Sectiong 36-67(0 of the City Code of Iowa City are hereby repealed and date(s): the following adopted in lieu thereof: P y/j Sec.36-S7(10(3). Setback Horn Principal Building. No/!J / u Sec J66 on of an accessory building snail be(Mated dose than three(3)feet to the principal building There shall bee minimum of three(3).feet between all • unattached buildings on a lot SECTION II REPEALER All Dons of and pans of VM�/rr� ordinances in coSEVERABILITY B!Lith me If any provisions s io tn5 Ord an a are /J hereby repealed. ar- ////�rU`J SECTION Ill SEVERABILITY If asapiolto provision i part of Inn Otdnel snail oa adjudged ah be maid W /', the Ordinance such adjudication shennot afectMe valoliyor Legal Clerk the'Ordnance as a whole or any sedan,pronsonor pen Ihmeotnot adjudged invalid unconstitutional SECTION IV. EFFECTIVE.DATE 'This Ordinance shall be In Subscribed and sworn to before me effect atter lie final passage,.approval and publication as required by law. Passed andapproved this 10Ln day of July. 90. • this / by of , A.D. gYOR tLL y ATTEST: //(OArn� '7(. ilu✓ CITY K Notary Public 01039 July IL 1990 SHARON STUBBS 1 ORDINANCE NO. 90-3464 AN ORDINANCE TO VACATE A PORTION OF COURT STREET WEST OF FRONT STREET, AND THE NORTH-SOUTH ALLEY IN BLOCK 94, ORIGINAL TOWN. WHEREAS, the University of Iowa has requested the City to vacate approximately 80 feet of the Court Street right-of-way, west of Front Street, and the north-south alley in Block 94, Original Town; and WHEREAS, the University of Iowa owns all of the property abutting these rights-of-way and has been using these rights-of- way for parking and access to University property; and WHEREAS, these rights-of-way provide access to only University property and do not contain any City utilities; and WHEREAS, the ownership of these rights-of-way rests with the State; and WHEREAS, the Court Street right-of-way does not provide appropriate access to the Iowa River but the Harrison Street right-of-way does. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. The remaining 80 feet of right-of-way for Court Street west of Front Street and the north-south alley in Block 94, Original Town are hereby vacated subject to the University of Iowa maintaining free and open access to the Iowa River over the entire width of the Harrison Street right-of-way. SECTION II. RECORDATION. The City Clerk is hereby authorized and required to record this ordinance at the Johnson County Recorder's Office upon final passage and approval. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part. thereof not adjudged Invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approvedpr//�rothis y\'10th day of July, 19 0. i� /�t ,fuJ YOR • ATTEST: /r/ .A4J 94 . J CITY CLERK Appro •• by City Attorney's 0 ice 4/3400 • • It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 6/26/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby. Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 7/18/90 Moved by Courtney, 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: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. Nays: None. Absent: None. 19 CITY , OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500C) • STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3464 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of July , 1990 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 10th day of July , 19 90 Dated at Iowa City, Iowa, this 16th day of August ,19 90 . ç , 9124 ,1- - Ram na Parrott, Deputy City Clerk • Printer's fee 3/ie,- CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County. ss: OFFICIAL PUBLICATION ORDINANCE NO, 90-3464 THE IOWA CITY PRESS-CITIZEN • AN ORDINANCE TO VACATE A PORTIONOF COURT STREET WEST OF FRONT STREET,ANDTHE NORTH-SOUTH AIT.EY IN BLOCK 94.ORIGINALTOWN WHEREAS,the Unwers4y alone has mounted the City to vacate approximately BD feet 01 the Court Sueot,rgm olw ay, • I, wast cd.Front Street and the north-south alley a Block 94. Carol.Barr, beingdulysworn, saythat I Ongnal Town:and WHEREAS.the Urliverury'd Iowa awns all of the property am the legal clerk of the IOWA CITY abutting these rghlsafway and has leen Eng these righted, way for parking and access to OrwerSay property,end PRESS-CITIZEN, a newspaper wn EAS. Mese.ng aawe V0v ee ees to ow published in said county, and that a Un^etanand ""n any°rtywan &and Y WHEREAS,Xie ownership df mese rights-al-way rests wan notice, a printed copy of which is hereto the Slater end • ‘WHEREAS,the Court Street rgh of-way dossnot provide attached, was published in said paper appropriate access to me Iowa River but lhe.Harnsonsheed time(s), on the following fte, How THEREFORE, SER ORDAINED BY THE CITY • COUNCIL OF THE CRY Of IOWA CITY.IOWA, date(s): THAT- SECTION1 VACATION.Tee remaining a)feel ofngraarway forCourt94,Original l al Twin are hert eby acthe 0.•I sublet to Block Ort nal Town ere reersey vacated hides To the aDiverhe fotess to the entre RDA I IN. HarrisonTrwSree1m w hefeo ,SECTION a RECORDATION. T- SECT requ red asinance ageasling oval. / / ohnson Counts N tii Recorder's PL upon final passage and ad penst. 6,114( ///t 2 SECTION N. REPEALER.nwrinAN ionsaf ttu and pens aro,ad nNkee n coMlictwnO IAB p�ayisions d lets OltlinarlCB aro hereby ECTt mpadled. voN SEVERABILITY n An SOC140n pbe rn or pan Legal(',lark of the Ordinance snag be adjudged in ee lwalii or ane id1,Uidnat,such a as ofthe a any eentln Ma'sen a part Subscribed and sworn to before me th"a"not ad'ua9ed invalid a"ncaea-n'dnat - SECTION V. EFFECTIVE DATE. This Ordinance shall be In fled alter ns Mal passage, approval and publkabon as �./ reputed byaw. this l� `'day of , A.D. P and approved the I0th day of July, 199Q tk YOR ATTEST, OINC.Stat. wi Notary Public 07070 July TBr 1910 SHARON STUBBS • 4 • oca ICo;))L ORDINANCE NO. 90-3465 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON CERTAIN PROPERTY LOCATED SOUTH OF COURT STREET EXTENDED, EAST OF SCOTT BOULEVARD AND NORTH OF SCOTT PARK FROM RS (COUNTY) TO RS-5. WHEREAS,the subject property is presently outside the Iowa City corporate limits; and WHEREAS, the owners of said property have petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, the property is located in an area which is envisioned for residential development in the future; and WHEREAS,RS-5,low-density single-family residential,zoning permits the type of residential development which will be appropriate and compatible with the intended future growth of this area and with existing development on the east side of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF Ti1E CITY OF IOWA CITY, IOWA, THAT: SECTION I. ZONING AMENDMENT. The property described below Is hereby classified from its present classification of RS in Johnson County to RS-5, a zoning classification In Iowa City for Low-Density Single-Family residential development: Commencing at the Northeast corner of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; thence N88°43'591W, along the North Line of the said Northwest Quarter, 1,036.33 feet, to the Point of Beginning. Thence S14°38'S0'W, 2.38 feet; thence 553°34'25'W,389.07 feet;thence S50°10'15W, 323.76 feet; thence S46°23'481W, 386.34 feet; thence S40°56'7'W, 7.57 feet; thence N89°28'11°W, 339.31 • feet, to a point on the Easterly Right-of-way line of Scott Boulevard (as presently located); thence NO°43'49'W, along said Easterly Right-of-way Line, 727.76 feet; thence N88°301131E, 10.00 feet; thence NO°43'394W, 35.00 feet to a point on the Centerline of Court Street extended easterly; thence NO°54'28°E, 35.00 feet; thence N88°30'13°E, 8.99 feet; thence Northerasterly along a 6,521.78 foot radius curve, concave Northwesterly, whose 314.51 foot Chord bears, N89°53'TE; thence S88°43'59°E, 179.06 feet, more or less, to a point on the East Line of the West 65 acres of the Southwest Fractional Quarter of Section 7,Township 79 North,Range 5 West of the 5th - • Principal Meriden. Thence Southerly, along said East • Une, 70.04 feet more or less, to a point on the North Une of the Northwest Quarter of said Section 18; thence S88°43'59° E, along said North Line, 683.28 feet, more or less,to the point of beginning. Said tract of land contains 13.3 acres more less, and is subject to the easements and restrictions of record. Excepting therefrom, the west 110 feet of the above described property; said exception containing 2.0 acres more or less and being presently within the Iowa City corporate limits. SECTION II. ZONING MAP. 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 final passage,approval and publication of this ordinance as provided by law. an Ordinance No. 90-3465 Page 2 SECTION III. RECORDATION. The City Clerk is hereby authorized and directed to record this Ordinance at the Johnson County Recorder's Office, upon final passage and approval. 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 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. P3yfld and approved this 31st day of July, U � /litc&--t• YOR ATTEST: I/eftf.cer-uJ . " Ci. CITY C -K Approv-: . lor • City Attorney's Office 0/d OD It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 6/26/90 Vote for passage: Ayes: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: Kubby. Absent: None. Second Consideration 7/10/90 Vote for Passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. Date published 8/8/90 11\i h CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3465 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 31st day of July , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 8th day of August , 1990 . Dated at Iowa City, Iowa, this 27th day of September ,1990 'amnia Parrott, Deputy City Clerk OFFICIAL PUBLICATION -----ORDINANCE NO. 90-3465 ' AN ORDINANCE#MENDING TME ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON CERTAIN PROPERTY- LOCATED SOUTH OF COURT STREET EXTENDED,EAST OF SCOTT BOUIEVARDAND NORTH OF SCOTT PARK FROM RS (COUNT17TOR54 . WHEREAS.the subject progeny W presently*MOO*lows Q �{ CIH corporals Ilmrte;and oohed the Printer's fee B/9_93 WHEREAS,thearmorsf000f solo properly hese pa Cay!id**\:City valuta*annexation end the sty* „ with same:ant WHEREAS. CERTIFICATE OF PUBLICATION proceeds*WHEREAS,the property le wpm in an Brea atith is N WHEREAS,relntlemia Eevol tient lithe Mere:end STATE OF IOWA, Johnson County, ss: permits WHEREAS, le RS-5, 0l maid tI M'*Sena*zoning • THE IOWA CITY PRESS•CITIZEN this areae wAhexiingdevelooe erthpme he intendedeatseedi City j NOW. THEREFORE. BE R ORDAINED ABY THE CITY I COUNCIL OF THE CRY OF IOWAWA.THAT. l SECnoN I. ZONING AMENDMENT.T The Tia PMINNW.Qwcf AS below erebyOasendd tronapresent s clsnphc on a AS I d l i M Johnson County RS-6 a zoning classification hyaea Cm Carol Barr, beingdulysworn, saythatI IaLow-Demmsl�lo-Fammro�mmalowe d: C*mhenad9 at les NOnheastc«MTa theNodhwes am the legal clerk of the IOWA CITY Owner a Section l6 Tawnahp 79 Na ,Range West a. the Nh Pnmipel Menden, thencePRESS-CITIZEN, a newspaper r riuNe1.03633 a iP a published in said county, and that a Beginning Therese S14-3e901W,231 Net thence notice, arinted copy of which is hereto ssraa'2f Mei SW feet,thences501015 V.MO76 Pfeet theme 'S1513'46W. 36634. Mel: thence attached, was published in said paper SiM567111,767 fent,thence N j1W. S31 lea,b a pant on the Eastern RIgkA+say line a. _�__ time(s), on the following Span Boulevard (as presemN lc ted), thence ' Npa3'a5'W,along said EasterlyRight-of-wayUKdate(sl: ran feet Monte N119%013E 10X10 feel:thence NX 43'39`W,3500 feel tO a pont On the Centerline01 //A'�' r 4 969 Cant Netaextended sanity;inure N 3500 feet, Mance N88 . 695 feet. thence Nan*astetN along a 6.521.74 ba radius Iwrve. concave Ng1Meealy, whose 31461 bot Chord bears.NOYSTTE thence SEEMS559* 179.06 feel, ////�J////fJ) mere«Mu,lo a point Wa m n On the EMI e West • C/ ( //�%J/J ' 65 ares a 11a Sanas* Frepl«ial Mader a i.Section 7,Township 79 North.Range 6 WW aaeast PnMipal Mandan,Thence Southerly,along Said East IJne,70.04 Nei more a Nn.b e pant on fire Nash Legal Clerk . Una a the Northwest Owner a self Dation 1e', thence 5669.359'E,along said No.11'La*68326 lea mote of less,to the p.nt 00 begdan9:'Said tract Subscribed and sworn to before me olana contais13.3 acne movekes.era b sublet( ., to the easements end res ictiom a mad. EeeaMNg inelefiom.thesag west 110 int plow above this day of —, A.D. mmooetbecl a lesser*beIg presently ion Whg wa acneCcorporate lin,. Ile SECTION II. ZONING MAP. The Bunning lessens*is hereby 19Lzienv Gey ouIwaCend lws,to eichange the ZoningMap aonCm a lows,eg Iowatd*ordain b th amendment upon final pp�a%sasaBBe appweland publication ofthisordnacamplovlfed bylaw. Notary Public SECTION Ill. 'RECORDATION. The C y Cant Ps heeby authorized and aoected b word thio Ordina ce et the Johnson SHARON Co"Warders Office,upon final passage end*pow**pow*eco SECTION.TV REPEALER. All ordinances end parts el . • - S, AnsaHs� UBBS ordinances In Wlltliawelr me pnoHelcre of this Ordnance ere (I!, Way repealed. SECTION V. SEVERABILTY. 0 any aecibn,ora sh*Oa pan of the Oiaea*c shall be adjudged to be Invalid or unconstitutional.such adjudication shall no affect Movie**of Ane Ordinance es a-whole or any section.pra'blan or pan thereof not adjudged Imald a unconstitutional SECTION VI EFFECTIVE DATE. This Ordinance Wi�In effect edea Its final passage,approval and as required by law. P,, endd/approved this Mat day of 3u1y, LL✓/XG ATTEST:1 " 'T/JsJ^.W CVC 07317 August&1990 CcP . .Lo LC_ ORDINANCE NO. 90-3466 AN ORDINANCE AMENDING CHAPTER 8,ARTICLE VI,OF THE IOWA CITY CODE OF ORDINANCES BY ADOPTING THE 1990 EDmON OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS, TO PROVIDE FOR THE APPOINTMENT OF AN ELECTRICAL INSPECTOR, THE ISSUANCE OF PERMITS FOR ELECTRICAL INSTALLATION AND THE COLLECTION OF FEES, TO ESTABLISH AN ELECTRICAL APPEAL BOARD AND TO PROVIDE PENALTIES FOR VIOLATIONS. Be It enacted by the Council of the City of Iowa City, Iowa: SECTION 1. PURPOSE. It is the purpose of this ordinance to adopt the 1990 edition of the National Electrical Code as amended herein, including provisions for the inspection and regulation of electrical installations, issuance of permits and collection of fees and to provide penalties for violations of this ordinance in order to protect the public safety, health and welfare. SECTION 2. REPEAL OF PRIOR CODE. Chapter 8, Article VI, of the Iowa City Code of Ordinances is hereby repealed. SECTION 3. ADOPTION OF ELECTRICAL CODE. The 1990 Edition of the National Electrical Code is hereby adopted in full except for the portions that are amended by this ordinance. From the effective date of this ordinance,all electrical work shall be performed in accordance with the provisions of this code as modified by this ordinance. A copy of the 1990 Edition of the National Electrical Code and a copy of this ordinance shall be on file in the office of the city clerk for public inspection. The following is hereby adopted in the ordinances: ARTICLE VI. ELECTRICITY DIVISION 1. GENERALLY Sec. 8-101. Short title. This chapter, and all provisions incorporated herein by reference or otherwise, shall be known as the Iowa City Electrical Code or the Electrical Code, may be cited as such and will be referred to herein as such and as'this code.' Where the Code of Ordinances of the City of Iowa City is referred to in this article, it will be referred to as the 'Code of Ordinances.' Sec. 8-102. Scope. The provisions of this code shall apply to installations of electrical conductors and equipment within or on public and private structures and premises; also the conductors that connect the installations to a supply of electricity and other outside conductors adjacent to the premises; also mobile or manufactured homes used for human occupancy within Iowa City. Additions, alterations and repairs to existing electrical equipment shall comply with the provisions of this code. Sec. 8-103. Definitions. For purposes of this code, the following definitions shall apply: Electrical work shall mean all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all premises wiring systems. e!. Ordinance No. 90-3466 Page 2 A fire wall shall be a two-hour wall under Underwriter's Laboratories tests. This may serve as a separation between two (2) or more buildings. Sec. 8-104. Adoption of National Electrical Code. Subject to the following amendments,the 1990 Edition of the National Electrical Code,adopted by the National Fire Protection Association September, 1989, Is hereby adopted. Sec.8-105. Amendments to the National Electrical Code. (a) Iowa City amendments to the 1990 Edition of the National Electrical Code are as follows: (1) Basement lighting fixtures. In all types of occupancies except industrial,one permanent lighting fixture shall be provided for each two hundred (200) square feet of floor area. Stairway lighting shall not be included when calculating the required number of fixtures for the gross floor area of basements or cellars. (2) All circuits shall be continuous by means other than attachment to the devices. (3) All types of flexible conduit and tubing may be used where conduit may be fished into concealed places or where subject to vibrations or on light drops. A maximum length of flexible conduit of seventy-two (72) inches may be exposed. When flexible conduit is used, a grounding conductor of equal current-carrying capacity to the largest current-carrying conductor shall be installed, and be fastened to the fixture and/or box. This shall be done with the appropriate screw which is colored green. (b) The following provisions of the National Electrical Code are deleted: (1) Note No. 3 to Tables 310-16 through 310-19, dealing with three-wire, single-phase residential service. (2) Section 600-4 dealing with listing requirements for signs. Sec. 8-106. Moved buildings. Structures moved into or within the city shall comply with the provisions of this code for new structures. Sec. 8-107. Existing buildings. Existing Installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property has been created by such electrical system and equipment. Changes In Building Occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Building Code, shall comply with the requirements of this code which are applicable to the new use or occupancy. Sec.8-108. Furnishing current prior to approval of wiring. No persons, firm or corporation carrying current for supplied power to electrical heat, light or power in the city shall connect its system or furnish current for electrical purposes to any building on any premises which have not been Inspected and t Ordinance No. 90-3466 Page 3 approved by the electrical Inspector. Any person, firm or corporation shall, upon written notice from the electrical Inspector to do so, Immediately disconnect such building or premises from its source of current. Sec. 8-109. Temporary electrical work. Temporary electrical work shall mean work that is obviously installed for the convenience of a contractor or builder during construction. Such work shall be the complete responsibility of whomever Installs It but shall require the Inspector's approval prior to being used. Sec. 8-110. Services. (a) All service entrances in and upon residential buildings within the city shall be of a class known as rigid, Intermediate metal, EMT conduit, or non-metallic, except as herein provided. If non-metallic conduit is used, it shall be of schedule 80 as defined by Underwriter's Laboratories; If EMT Is used, it shall use rain-tight fittings as approved by Underwriter's Laboratories. (b) The minimum height of the service lateral shall be twelve (12) feet above the ground or grade line. The masthead shall be above this height. (c) Services on ranch-type buildings where a service entrance goes through the roof must be not less than two-inch rigid steel and extended above the roof not less than thirty-six (36) inches complete with service head and thirty-six (36) inches of wire extending from the service head. Pipe is to be secured on the wall with two (2) hole straps or an equivalent and weatherproofed where it extends through the roof. (d) All service entrances for commercial or industrial buildings shall be rigid metal conduit, except that portion of the service which is underground may be Schedule 40 non-metallic conduit. Schedule 80 non- metallic conduit may be used on services 400 amp and smaller. (e) For Installations in residential occupancies, no service shall be smaller than one hundred (100) amperes. All occupancies over two thousand five hundred (2,500) square feet of floor space, including the basement but excluding the garage, shall be served with a minimum service size of two hundred (200) amperes. (f) All service entrance locations in the central business district shall be approved by the electrical inspector before installation. (g) Each building shall be served with a single set of service entrance conductors. The service conductors shall be properly protected through a single main disconnect, except a residential two-family dwelling may have a main disconnect for each unit. Sec. 8-111. Conduit work. Electrical equipment In or upon buildings within the city shall be of the class known as rigid metal conduit, Intermediate metal conduit or electrical metallic tubing, rigid non-metallic conduit. (a) Where concealed in single-family structures and two- family structures, including their garages, non-metallic sheathed cable may be used. In basements or garages, if drilled through structural members 11/21 . I Ordinance No. 90-3466 Page 4 back of face of member or 11/2" on side of member and securely fastened. Sec. 8-112. Other wiring methods. All electrical systems not allowed by this code may be reviewed by the board for approval or disapproval. Approval or disapproval may be based on Information presented to the board in the form of plans and/or demonstrations and will be considered on a case-by-case basis. Secs. 8-113 -8-123. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec. 8-124. Penalty for violation of code. A violation of the provisions of this code by any person who installs, alters, repairs, maintains, improves or uses any electrical equipment or performs any electrical work in the city or causes the same to be done In contradiction of this code, shall be considered a simple misdemeanor or municipal infraction as provided for under Chapter 1 of the Code of Ordinances of the city. Sec.8-125. Powers and duties of the electrical Inspector. The electrical inspector shall have the right to enter upon any property during reasonable hours in the discharge of his/her official duties and shall have the authority to cause the disconnection of any wiring or equipment where such wiring or equipment is dangerous to life or property or may interfere with the work of the fire department. The electrical inspector may inspect any and all electrical installations within the city. He/she may approve,condemn and order removed or remodeled and put in proper and safe condition for the prevention of fire and the safety of life all electrical heating and lighting apparatus, motors, machinery, fixtures and connections, electrical equipment used in the utilization of electrical current for light, heat or power purposes and to control the disposition and arrangements of the same. The electrical inspector shall not engage in the business of the sale, installation or maintenance of electrical equipment either directly or indirectly and shall have no financial interest in any firm engaged in such business in the City of Iowa City at any time while holding office. The electrical Inspector shall be appointed by the city manager or his/her designee and shall be responsible to the building official for the enforcement of the electrical code and regulations of the City. Sec. 8-126. Electrical board; creation and authority. There is hereby created an electrical board, referred to herein as "the board,'which shall: (a) Periodically review the electrical code and make recommendations thereto to the City Council. (b) Examine the qualifications of applicants for the licenses and certificates required by this code. (c) Suspend or revoke any of the licenses or certificates required by this code for due cause, as provided herein. (d) Act as a board of appeals to hear grievances arising from decisions of the electrical inspector and to provide for reasonable interpretations consistent with the provisions of this code. (d) Act as a board of appeals to approve or disapprove wiring systems not specifically addressed in this code. 7� Ordinance No. 90-3466 Page 5 Sec. 8-127. Appeals. Any person affected by any action, Interpretation or notice issued by the electrical Inspector with respect to this code may, in writing, appeal to the board for consideration in accordance with the procedures in the Iowa City Administrative Code. (Code of Ordinances, Chapter 2, Article IX.) Secs. 8-128 -8-137. Reserved. DIVISION 3. LICENSED, CERTIFICATES, PERMITS AND INSPECTIONS Sec. 8-138. License applications. Any person desiring to take examination for a license required by this code shall make application to the electrical Inspector at least twenty-five (25) days prior to the test date. The examination shall be written and of such nature as to uniformly test the capability of the applicants. The applicant shall demonstrate to the board his/her qualifications for the particular license and show satisfactory knowledge of the methods and standards of the National Electrical Code, as adopted by the city. Sec. 8-139. License fees. The fees for examinations, licenses, and permits shall be established by the Electrical Board with the approval of the City Council. Sec. 8-140. License expiration and renewal. All licenses shall expire on December 31 of each year. Any license that has expired may be reinstated within sixty(60) days after the expiration date upon payment of a reinstatement fee. After the expiration of the aforementioned sixty-day period, no license shall be renewed except by taking the exam. Sec. 8-141. Required license with the city. (a) No person shall Install, alter, maintain or repair any electrical equipment unless such person shall have first obtained a master electrician's license from the city. (b) An applicant for an Iowa City master electrician's license must demonstrate to the board's reasonable satisfaction that he/she possessed one of the following qualifications: (1) That he/she has been the holder of an unexpired Iowa City journeyman's license for one year or more; or (2) That he/she is the holder of an unexpired journeyman's license from another jurisdiction,which license was obtained more than one year prior to the application date upon successful completion of a written journeyman electrician's examination comparable to that of Iowa City and which was administered by such jurisdiction; or (3) That he/she is the holder of a valid master electrician's license obtained upon successful completion of a master electrician's license examination comparable to that of Iowa city and which was administered by another jurisdiction. (c) Either a licensed master or journeyman electrician shall be on the job at all times while electrical work is in progress. t Ordinance No. 90-3466 Page 6 (d) The provisions of this section shall not apply to: (1) The personnel of the traffic engineering division of the city or persons who work for a public utility company,telephone or telegraph company, nor to persons performing electrical work as an integral part of the plant used by such company In rendering its duly authorized service to the public. (2) A regular employee of any railroad who does electrical work only as a part of that employment. (3) The service or maintenance of warm air heating equipment provided that such work or maintenance shall only include electrical work on electrical equipment that Is part of such warm air heating equipment. Such work shall include the connection of warm air heating equipment to an existing individual branch circuit. Sec. 8-142. Master electrician's license. Whenever a master electrician's license is issued, it shall be in the name of the individual who qualified for it. No license shall be issued in the name of a firm or corporation. However, a master electrician's license issued to at least one responsible member or officer of a firm, corporation or other association shall authorize such firm, corporation or other association to conduct an electrical contracting business in the city (for the period of time for which the license Is granted), provided such licensee is a partner, officer, director, or manager of such firm, corporation, or association, actively supervising the day-to-day operations of said firm or corporation in the city, and further provided that such licensee shall maintain liability Insurance certificates with the city, as provided in Section 8-143. In the event all licensed electricians terminate employment with a firm or corporation, the firm or corporation shall not be permitted to do any further electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be completed. A master electrician who terminates his/her employment with a firm or corporation shall notify the electrical inspector immediately. Sec. 8-143. Master electrician's Insurance. Each master electrician or the firm or corporation employing a master electrician doing work under this article shall furnish the city electrical inspector with a copy of a certificate of insurance stating the liability amounts of no less than one hundred thousand dollars ($100,000.00) property damage and three hundred thousand dollars ($300,000.00) bodily injury and a completed products provision. The City of Iowa City shall be named as an additional insured. The policy shall also provide for at least thirty (30) days notice by the Insurer to the City of termination of the policy by the insured or insurer. Sec. 8-144. Journeyman's license. Before a person can apply for a journeyman's license, he/she must have a minimum of one year experience as an apprentice. Sec. 8-145. Reserved. 21 Ordinance No. 90-3466 Page 7 Sec. 8-146. Maintenance electrician's certificate; when required. A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or Industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a stale of repair the existing electrical equipment within a building, or group of buildings. A maintenance electrician's certificate shall be Issued to any person who shall satisfactorily pass the examination given by the board. Any person holding a maintenance electrician's certificate issued by the city prior to passage of this code shall be reissued renewals of his/her certificate without taking the examination hereinafter provided. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate Is hereby prohibited. Each maintenance electrician performing work under this section shall keep an accurate record for the electrical inspector of all work performed in each building and shall, before the fifteenth day of January, April, July and October of each year, file a statement with the electrical inspector of the work performed during the preceding three (3) months. Such statement shall be made under oath. Sec. 8-147. Restricted electrician's license. A restricted electrician's license shall specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of work specified on the license. Sec. 8-148. Permits required. No person shall perform any electrical work without first securing a permit therefor. Sec. 8-149. Issuance of permit. Permits shall be issued only in the name of the person holding an active master electrician's license and the name of the firm he/she represents. No applications for electrical permits shall be accepted for filing if not signed by the licensed master electrician or by the maintenance electrician or restricted electrician who will perform the work. Sec. 8-150. Permits nontransferable; exceptions. Permits are not transferable. Electrical work which requires a permit must be done by or under the direct supervision of the licensee. In order to apply for an electrical permit,the master electrician must have on file with the electrical inspector a certificate of insurance which indicates that the electrician, or his/her firm, corporation, or employer carries liability insurance as provided in Section 8-143. The city or electrical board shall verify that a master electrician is employed by a particular corporation and that there is in effect liability insurance which meets the city's requirements. Sec. 8-151. Revocation of permit; expiration of permit; renewal fee. Any permit required by the provisions of this code may be revoked by the electrical inspector for violation of any provision of this code. Every permit Issued under the provisions of this code shall expire if the work authorized by such permit is not commenced within one hundred eighty(180)days from the date of issuance elI Ordinance No. 90-3466 Page 8 of such permit or if the work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days or more. Sec.8-152. Double fee for failure to obtain permit before starting work. Except in emergency situations, as determined by the electrical Inspector,when work is started by any person prior to obtaining a permit, the fees for such work shall be doubled. The payment of such doubled fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. Prior to the payment of the double fee and Issuance of an appropriate permit for the work,no other permits shall be issued to any person, firm or corporation which is in violation of this section. Sec. 8-153. Homeowners exempt from license requirements. In cases in which an owner-occupant of a single-family dwelling desires to install electrical equipment or perform any electrical work in such single-family structure, he/she may appear before the electrical inspector and show that he/she is competent to do the specific work. After such showing, he/she may obtain an electrical permit by paying the proper fee. Sec. 8-154. Inspections. It shall be the duty of the person doing electrical work to notify the electrical inspector that said work is ready for inspection. The electrical Inspector shall, without undue delay, perform the required inspection and, if the work complies with the provisions of this code,post an inspection notice on or near the work approved. Work that has no notice attached shall be considered unapproved. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. No electrical work shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. The electrical inspector shall,at the permittee's expense,have the authority to remove or cause the removal of lath, plaster, boarding or any other obstruction which may prevent the proper inspection of wires or electrical equipment. When a person is notified that defects exist, he/she shall make corrections within thirty (30) days after notification. If the corrections are not made,the permittee shall not be issued any other permits until said defects are corrected and approval given by the electrical inspector. SECTION 4. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such 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 Ordinance shall be in effect after its final passage, approval and publication as required by law. o-1 Ordinance No. 90-3466 Page 9 Passed and approved this 31st day of July, 1990., a dc- otAYOR ATTEST: 7211241-4-44-) -A . e€24-1-2 CITY CLERK Approved as to Form I Legal De rtment It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney X Horowitz x Kubby x Larson x McDonald x Novick First Consideration 7/10/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 8/8/90 Moved by Courtney, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be sus- pended, the second consideration be waived and the ordinance be voted on upon for final passage at this time. Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Courtney. Nays: None. Absent: Ambrisco .3] CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-50m STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3466 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 31st day of July , 1990 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 8th day of August , 1990 Dated at Iowa City, Iowa, this 27th day of September ,19 90 . 2: 2V R m na Parrott, Deputy City Clerk ORapwICE HO „�( -/-NIEP dfrom am ns sourced Conn. 0 AN ORDINANCE AM[NpNObiAP}Eq A .See.blot Tense IFY¢NdMal went ;3 AN ORDIN NCCE AME l R!10LE I.(FTHE erllaaan meanest won'shat mean wan'that b Opvgrslyl . IOWA CITY OF THE ORORD wONAL4 s B ELECTRICAL NG THE 1 k,aaeed for Pp.anaenynme d e CMtraad a else'Purlr,�,, AMENDMENTS, AS THE IOWA C,-r ELECTRICAL CODE, omeva lravaaJks n by ITH Oanence00 mn wen,well be rM the inspmelet°ctara edeydl REGULATING PRACTICE,MATERIALS AND FIXTURES USED pier to being LP" shall require the inspacloYe apprbvL] IN THE INSTALLATION, MAINTENANCE, EXTENSIONALTERATION AND c 6-110. Sink's.Sink's. gngs°��'1��1 ALTERATI OF ALL WRING FIXTURES.APPLIANCES AND (a) ell serves emm rencee Cry upon resident&dr • APPURTENANCES IN CONNECTION WITH VARIOUS wnrhn the city shall be d a class known w rgdq ELECTRICAL SYSTEMS. TO PROVIDE FOR THE dmemwdrae mels. EMT conduct non-Meet nonaay i) APPOI. OF AN ELECTRICAL IRSPFaaOR, THE meat as heron ISSUANCE PERMITS FOR ELECTRICALprovidedtscheduled le BO as enndun y') ANDAND THE of FEE6, to [SNTAWTIpN mod, n shall pa of ad b adnad by TRt BOARD AND TO Pl O9IbE� ESLIEM AN r nemeker a Laseres,n EMT a used,d shall use 1 FOR VIOLATIONS PENALTIES• Lainligd fittings as approved by lnyawndv I 90 a eflwaearyy the Council d the Laboratories. E ON ➢ � �a I jowl- .{b) The minimum height a Ire seem Weal shalt la idaPl tce t�1jp adman d 'he Havana oda as C twelve(12)ted abovegve ground or grade me The 1 amended heren,Muting pwio-Ls for the masthead shall be adore rM height aMpectan and lel on wogula on d Sancta nalnWwne.issuance a pwmh¢and entrance rthough Me roof most where a Colyte, ayecton a teen end to pewee paroles Iv motors a Inns Moinch nod ser a W0 a alt adeno the rood ea ordnanceordnance in ado to ease the pubic safely, heat and . less Iran Illi Sim well are. rtY (SS)mown wire ate with cents' SECTION 2. PEAL OF PRIOR CODE. G a head and I head. (00)mem d wirered onafrom of Ira Iowa RE ChapterArticle VI. the Settee head. Pipes la be secured the wail City Cola of Ordnance¢a hereby repealed • woe Ave (2) hole err $ECTON p. ADOPTION OF ELECTRICAL CODE The 1990 err lrer roped whims naextte�through equivalent the roof ono Printer's TOE$ Edson of the National Seance Coda u Mreby adopted in Ne (0) Ail service enhances Id. comnarcia nausea, except tot Me pollens that are amended by the ordnancebwidings shall bend feral condue except CERTIFICATE OF PUBLICATION From the Mona date d ins ordinance al meant-at work snail porton d the w+ace when° be performed in accordance well the Drayton,d the code as Schedule 40 noremelanc spread. Schedule ad nDe on. moaned by Ora variance A underground 1 amp Electrical Code Copy d the Edaron d the STATE OF IOWA, Johnson County, ss: National and a copy a the ordinance sMu be ale cller may ate used On einem sop On lib,n Me°MCI a the ay Clerk lar public Inspection The and smaller. THE IOWA CITY PRESS-CITIZEN falowin9CMlakry addgadmthe ordinances. (� Falbes anter in Than dreg(1 wbe,nowMce ARTICLE Vt ELECTRICITY shall be smaller man one hundred(100)amper(2 Ail DNMION 1. GENERALLY square esoes war Mn cat,enc deve shesa 12500) Sec.8401. Shan Ind square les Ida spate.a easre de basemen but This chePt&, dna all mesons Intdppsotl heronexcluding the gaage,alai be tonedweb a minimum rdThis or r. dna al shall be known as Ino Iowa by service sue of Ma humeed 1200)shares ON (C Air service entrance Oceans in the mrtd Naneas Eeorte Code or the Elw,ncat Code,may be cited as such dvorict shall be • Ir and we be referee to heron as such and as Yrs code"Where before instal,atonappwed by Me agarn:al drwpeaor Carol Barr, being duly sworn, say that I oarticle Oscie i Ommandee redma IowaCnY 01 pSreferredem;p (a) Landding analbese wnaS le odd ) am the legal clerk of the IOWA CITY Sac 61x2 Scope. snail entrance The gh e angle The provenns of this Code shalt apply to inslalseions of snail be properly protecteda(Owthrough eingle man PRESS-CITIZEN, a newspaper dearest cdduaas and maannad,asap a mantel aqummed Mlle o on pubic and Mee*dwelling published in said COURT and that ff Prlyae wuounc and aromas also de COMudon themay have indto nim °dad urn county, coma the maaulwn to a supply a sotto and armor Sec 611t. Cotdun wart notice, a printed copyof which is hereto ovule conductors mecem to the pern.wa,and mobllaa Eearral egopmdn do or upon ailargse . roe coy snail manufactured bee the 1 Sim known as red meta Condun.rrny}ys metal P Mina used for repairs easing nelectrical Conduit or aedncal metallic IuOrrg,rigid nonwlealln cadun. attached, was published in said paper cly Aadaday alterations and r / time(s), on the followingequipment shall comply with the prwrione d this cede. (a) Wl9ytructuresdlnenngea rgsrage%eveanant) two —_ Sec.°403. Definitions. faintly d cable.indudmguse parIn b ement laisc For purposes of ria Cele,the laldw,ng tldmmorm stall Malted cable may be Pura. In basements a date(s): applygaaBas, n finned through structural Members t r• ///]� //jj�'/ Elect rF shall mean all uses installations,alterations. beak p face of member a 1W M dela d member (iN�iyfA 45::. �� 90 repass.remolds.epewmenes connections,eixmnectiens anti aper man oand mamma/10d of ori demises winng systems. Sac 8112 Ann man mows A B wiry tad ba a two-hour wail under Underwriters All 5d cry oedema not Mowed by Inn code may be Labadorm testa The may SSWea5 a separabn between fur 1isap r al mayhe boardaledgwalamatio prey nted oathe // (2)or mon buildings disapproval may be bawd an r demakon presented to the //�� Sec 610 the• followingAooptla of National Electrical Cede. board- -1 3- 1 pate server tlenionslrefiona and wit be �'C/`C)_ Sec 8-lootionthe 1990 Code. of the. considered on a CAeaby-Me pace National Elactrnal Code,scooted Cry the National Fife Prolamin X1110-612]' Readvatl. Association September,t999,b hereby adopted. DIVISION 2 ADMINISTRATION ANO ENFORCEMENT Legal Clerk sac bias •mendmama to the National Electrical Duda. Sec.B-124. Penally ter Ybkwa,d coda, (a) Iowa Cory amendments to the 1990 Eon,d the A is ate s the er s,reawd,hw code by any person wry henna Eemrcal Code are as td,owe mare shwa rapers,re, rfor ms bra xnwovw n use any Subscribed and sworn to before me (I) 6esen'em tiring%deur In elI types a V Ga'Nount the samepment abed ne In ^ytrtalwwi on c de aecupacgs exCeq"mama.aiepgmarwm a tel beee the wine 1b be idle inlnmeanlbnd the UAq lighting allure tall be prwded for each Trp ereN consideredda oma lChapter 1 or mune-Mai /I /J humored (200) square feel of:fl0Cr area. infraction as the city fur Under Chapter t d the Coda of this_IL_ da of_r"r _ • A.D. Sniway IgMyg shall nor be included when mac.8.1dtM y calwlwmg tae Mooed naneeranydrn rod Sec.btzd.Powers and am..aewel.drwllnspaa«. ca gram Ilea aea a basemen"he se's fa. me ebdncal inspector dial have IIIergv to ante upon wy (2) er drains ansa be so-sinuoussemn sty alas pommy during easonabl tours in Vs dSa,age d hear oilier a.snail be the descba al dunes aro shall nave IM Mhplly ID cause Ire 19 11 I?) AS NOee d enmb e o dvn dna I A q nim as°o mMg d any bngerous enne a pWa yd veers such wiring or �� [/y (0[Jd)'�--_� be used where conduit may be owed lino se w@guens en y fee Meapapery amry interlope wen �d{ .A .+� �L-�/EConcealed dates of where !robed 10 Me wens of the nre tiermay department. ..S...-.1(1 TeX 1 K sem/' di rSandb a on light drops. A maximum The Mental Metier maty Inspect-aywry c n electricalm length d elenbie needed of wwoeleromoved on r remodeled cito NOMalp put wwacer ale Notary Public nays may be erased.s When eeble sad removed nat -monsae put lel aanar and cell conduit b Meed.a Branding conaraa d conanyn ra tM pevemyn a ha aha tee edam a Ire as equal currdn laryesg closely to the largest twin.wilrry nes on ecng Igdng ppyequ m-ern edGM the a SHARON STUBBS wremryry,ng canis if shad oat irsuxed. Ar wry seance t lot IO bee Or power used in nes } aro O Murmur to rhe Islure anchor box are c dol the dm amen b' t alae a fa purposes Tnawale boson wnntMaporahaale screw eMyCadra.IM tlspanan mod engageinnduisen. X), -.ll wenn a Woofed green The H6eryal inspector stoat ro engage in me business d 101 Tte herwina..r.-.:._-._.-.. _ oh......�....-y-.._-_. _ - -__ DIVISION N LICENSED,CERTIFICATES,PERMITS AND The kindsM tall new a ed mfAI�ar equipment INSPECTIONS c any kind by the Mba of •maintenance "Wartime Aec.61]6 Llunt tkeessbna. cantata isnancaencned ahI(code de sn.,makroakeaxammerwn lbeavah'a er el Eenn maintenance aleGrCW1 edperforming work wisp the (21 ' by least ienty4we(oaks ys poor to blMtdae. ALSpB(yaq awronorkpaeptaccurate rebahnvYNYs,before least examination (25)nhays pew IM mm Esus d all work performed Jan Ieach buildingd Coq shale XMay er, The mammrM apae ly action arid d such netap u nt file a day a January,Apnl,July aro October d each year, snail bat the capability he fib ar me Bpe,qualifications The ton a pe a rdt whe pe eddriLth kG( M ni 1N wok ' tai tlemonsnse b tos board 4isycto mmefa the praonem during the un preceding three (3) Months Senn methodstlicense Ma end show emaatcal knowledge d the tracer-5471 made oath.otera ens seadmds d the Nstww Electra Coda.a Aare 6cted Restricted aoansclemai license. wSpad by 1 W aria work whclrhmay ecpe.,awl specify the Mies of Sec.yes for License tins elicensee wank which may be performed ci by the*ranee the ee TM fledexaminations.Electrical nd vat dna p oval slid be Mania- May p}Iam only the type d work 9prYIeC on 1118 I leouncl by the Floptical Board won the apprwmdme CM Ib area. f Sac, Sec,8-148. Permits required. Sec,seal,. license a on D ce bernd 31eeneWaL each No aw nth t peform any mxmral woes without hIm All lethal that maws on Oecemaie aI of ham Yem) Any sawing panne career. Manse expeaen date mryhewMmrad aranraty(6e)yrya Pant 61sh Issuanceelpermit • Alec the sensation ore upon prymun d s rrdaybmem lePonies rel be issues only Si the name of amea l Alec the aeir n of the alapbylenad theYexay period,no holding there charm 6oacarca Sceone for aro the rule d license Sshall be rtevad except by aklco the exam. the tern he/She nepfor Min a No t signed by th 6Memel eelpanned Sec No p RequiredthaI Wenn let the nM• elan be n or for Mira X net signed by the n r ramage( (a) No hepato ram un ant,such ers or wort are etcanawl a by the maintenanceork Satan a laevuad firsobtained equipmentaas unless noon person fro have Blatin.B-who Pel missperfno the war. first ohlamee a ma51m a10Ctncwll a license Iran the Sam 6156 of Iran nabic a Electrical sock h all. - Pm it are not trewy or ti elthedir mark which requires (b) be applicant for an Iowa City card' reasonable aensee mhaturbw by or undejthe dlM aupenabmdlna aatslanse ion demonstrate po b e One nWard's t re!Mama IlcI nsee_ suMaalions Mahe/she possessed onadmeldbwing unpsrlo life tor telactlicalpmmKtheoa wit&Cabaa gqa„y�igw mesa Kaye on life wnh tee ori hieel inspector a hmhea 1a d (1) Thal hedlwsora amen the holder of an nawaatc whoa rplosta awl the electrician,ayma ealrr firm. oneapiredbmaGry pumrymanelrAnsefa �en8141 or Tie orcarries etre insurance n lty lata One yeas a mete,a my or Sartre a p oats snail that a (2) That lame-is the holder d anm unexpiredeten maser eploy byIf is in teal uaglll mmlare9 Mlidl m9ea the drys than One earbror toote aodcitiln te n Ill than One year prior l t application date Scnem 61e1. Revocation d Perth,'"Ophltl0n q prmn; upon y an ori ctrician's ea a wamon renewal lee. IMYrnerrble tha S lose yexam sttch Any pined required Ol the veneers of a,c code may na Comparable to Ina d boa Cay and wnrrn revokes by the"Oral hspatta Id vadAiondarty provaia, was atlrnhees the W such al %Gael a d Ine met (3) That Mate x:nth odam d a n su maim Every permit issued under cpeiorts d arc wee chat cocpieho' 01 a muter eemtt»nnleuense wore nee war dN'anea such from perm!e ndor commenced corrlDletroggamasa electricians License within one hundred algrM(IB'.)-ryalsom the amsdrssuawa examination Comparable to that of Iowa Ley d arra,mania a n me wore authorized by such Damn Is any which was admimsered by another suspended m abandoned lore period or one hundred eighty lurtwidion. (lea)days or more. (C) Either a ncensee master of journeyman electrician shall Sec.6152 Double lee brlAlae WobWnpmnX brae he on the lab at au ethos wooelKlrKdl work a In Progress. starting wort (d) The piwaitms d this sectio+snail not app,to Excel n emergency serrations. a determined by ane (I) The personnel of the 0CC erptrenng 9lecteW inspector.when Wort a started by any person prior to division d the cry a persons who work fore obtaining permit,the lees tar such work shell be doubled pude urM company,teea,aeateingreph The payment d such doubled lee shall rid relieve any persons company, nor b pereans peilardrp from lull complying with the regaremergs of lea code in the electrical wok as en Integral pah a s pram execution of the work nor from any Other penalties prescribed used by such company In rendering ns duly herein. authorized WMA to IM pudic. Prior to she payment of the double fee and Issuance uKa an (2) A reguw emplod any ry mimed who woe appropriate permit tot ire work,no otterpaintsshel be issued elednts work only as a pan or tw to all Peadt firm Or maparman which Y n vitiation Of this sectio employment. (3) The sack- or mamanence of warm at Sec. 6151 Homeowners exempt from license heating equipment provided that such work nqulremema et maintenance shall only Include electrical In cases in which an onneraccupam el e single-Meal wwk on electrical equipment that b pan of dwelling desires to Insall electrical equipment or papain any each warm Sr heating equipment. Such electrical wont in such dingle-family structure, hale may sok ahat include the connectional warm Mr appear before the electoral inspector and Now that he/she a hetng eeu;aMm to an existing ndldual competent to do rhe specn,cwak. Altar Set towing,heshe branch circa may obtain an eactrical perms by prying the propel lee. Sec.1-142. Mater electndan'e llama. Sec.6154 Inspections. Whenever a master eececin 8 kerbs Y Issued,it shag be a they be the dew 05 the person ding Warcd wok io In the name of the nar duel who puaaed la a. No uwnse moray the eectncei inspector ma said work a ready tor Mall be issued in the name o1 a film or corporation. However, Inapepbrt The eleanul inspector shall,without uheea delay a master eredrlawn's license issued to as best one responsible perform the required Inspection end,a the were compile with member a officer of a firm,corpormwn a Other aasocetbn the provisions of the code.post an Inspection notice on or rear shall authorize such lira.corporation or other association to the wan Approved. WorkCoA has no notice Macned tall be conduct an electrical Ca iocting busseSs in the[Ay sot the considered unapproved. A Imrepecdon fee they bn assessed period or time to which she Ivrea a granted).previdaE au" for each Ilxtaeelen or remapeakm ethos such Mar el work heensee a e Panne".oaem'Meana,a matesm d earn Nm, for worn rapectan Y cared Y rd compete or when cooperation er associ6Nco cowry supeNsg the daY'IdEeY caladpns caned la are no,mace operalew d sad fiM1 a corporation m the C.V.end"be" No-alectical work shell be conceded In any merrier frau P3'33331 tw such licensee snap mmeemn Whoti Wurance attest.Or s'9N until truth work has been "teemed end certificates with the ON.as provided in SeMon 6141 approved by the electrical inspector. In the event all licensed elewloana terminate employment The electrical inspector shaltatme perm70e'e expense,nave w-h a Nm or corwnmbn,the Nm a cNwrenan eel rbc be me WWheel to remove or cute the rernMel Of Wit plaster. permiad 10 do ane Nnher electrical war,except MA Wok boarding of any other obstruction which may prevent the proper under preno,sy issued pemm"may.m the.aiaetion d the n tioyl Of wires or elcrical equpmem. tactical inspector.be competed. A master 6Yme Crden who n a person a nova,that,elects ens!.Meta am( Icon--.NMI ernpgmml won a era o wrpormiin ewll rave corrections within ferry(30)days Atm naniewn X ale notify the electrical leepeaa(immedeleycorrections are ret made,the permit.,shall Rd Deemed all Sec.8-I41 Master electrician's Insurance. other perms until said detects are corrected and approval Each master electrician or the firm Cr corporation employing given by the Becurcal Inspector. master electrician doing wore under tnr.enice shall furnish SECTION a REPEALER'. All atlinanta end pens at the city abctncal nape"war' a copy d e ceelllcale Of eminences in canted with to pmwironi of this Oretulce are mwence ratng the lability emwma of ro els than one tareoy 1epealeV_ hundred thousand others(St0gea.00)pbpeM damage Ind SECTION 5. SEVEMBILiiV n any Becton,pro/sal Oe pan three hundred thousand dollars(S300.000 03/bodily mtury and of Ina Obinante sal be sgjWged to be Ia+d or a wleeeled products pmom'Ol The Cay d Iowa Fay aha be urconslnutibma,such adludcason shell not tad tie teeny ci .named as an addaitna insured. The policy sal aso lprovide the Ordnance as a whole or any section,apron of pan tor at leaSI they(1)days nate by the insurer to the CM el mined not adjudged wawa or IrlconallNenas temmnrlon of the potty by the insured Co insurer. cFYT ON 6 EFFECTIVE DATE Tha ordnance Ice be in Sec.6144. Journeyman%license. aped slim Is final passage, approval end publication as Praise person can appy for aCmuuyman's license,hmshe required by lana mum have a mesmumCAone year experience as an apprentice. Sac 6148. RennM Passed end approved Ma 31 att dadale of July. See.6 Se140. Maintenance elearlclen'e celtMcate;when 11990. is y o ter l A mswance Wdri ua is cwtXcme shill beragwad Marie Ma parse aro Is a rsgWar employee m ndtq/al hment, wM dol elednW'work for that emablahern only,and sIlo maintains and keeps in a mate of reo the OR existing ebwtal equipment whin a bantling,or Pqupd butbngs.A mmneneldsaecsdenaori passel T.� u (/ be -duos to any person who shah arkdxtail pass the ATTEST//y[UaR✓ "a here✓ noncan given M the mars My person hang a Cf1Y CLERKmaintenanceAaeie ltna nitrate issued by me cry prior to passage d aha code seas be roasted renewals Of Nadler 07319 AugustL199( Dict ORDINANCE NO.90-3467 AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING ARTICLE II THEREOF ENTITLED 'PROCEDURES AND PENALTIES FOR MUNICIPAL INFRACTIONS' AND ENACTING IN LIEU THEREOF A NEW ARTICLE II, TO BE CODIFIED THE SAME, CONTAINING NEW DEFINITIONS, STANDARDS, AND PROCEDURES FOR MUNICIPAL AND ENVIRONMENTAL INFRACTIONS. WHEREAS,the City Council wishes to update the procedures and penalties for municipal infractions to be consistent with Chapter 364.22 of the State Code of Iowa, and WHEREAS, the City wishes to establish procedures and penalties for environmental infractions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. That Chapter 1 of the Code of Ordinances of the City of Iowa City, Iowa,be,and the same is hereby amended by repealing Article II thereof entitled°Procedures and penalties for municipal Infractions;and enacting a new article to be codified to read as follows: Article II. Procedures and Penalties for Municipal Infractions. Section 1-20. Definitions. (a) Code: The term code means the Code of Ordinances of the City of Iowa City as may be amended from time to time. (b) Repeat Offense: A recurring violation of the same section of the Code of Ordinances. (c) Municipal Infraction: A violation of the Code of Ordinances punishable by civil penalty and such alternative relief as sought by the City. (d) Environmental Infraction: A municipal Infraction that is a violation of Chapter 4558 of the Code of Iowa or a violation of any • standard established by Iowa City in consultation with the Department of Natural Resources. Section 1-21. Violations, Penalties, and Alternative Relief. (a) Any violation of the Code,with the exception of any violation which is a felony, aggravated misdemeanor or serious misdemeanor under State law or if the violation is a simple misdemeanor under Chapters 687 thru 747,is a municipal infraction. (b) Unless another civil penalty is provided elsewhere in this Code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following Schedule of Civil Penalties: Schedule of Civil Penalties: First offense -$50; Second offense -$100; Third and subsequent offense(s) -$200; Environmental infraction - $1,000 each offense. Ordinance No. 90-3467 Page 2 (c) Each day that a municipal infraction occurs and/or is permitted to exist constitutes a separate offense. (d) Seeking a civil penalty as authorized in this article does not preclude the City from seeking alternative relief in the same action. Such alternative relief may include, but is not limited to, an order for abatement or Injunctive relief. (e) A person committing an environmental infraction is not subject to a civil penalty, If all of the following conditions are satisfied: (1) The violation results solely from a person conducting an initial start-up, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown, of either equipment causing the violation or the equipment designed to reduce or eliminate the violation. (2) The person notifies the City of the violation within 24 hours from the time that the violation begins. (3) The violation does not continue in existence for more than eight hours. (4) The City shall not enforce this section against a person committing an environmental violation, until the City offers to participate in Informal negotiations with the person. If a person accepts the offer, the City and the person shall participate In good faith negotiations to resolve issues alleged to be the basis of the violation. Section 1-22. Civil Citations. (a) An employee or other official authorized by the City to enforce the Code may issue a civil citation to a person who is alleged to have committed a municipal infraction. (b) The City may be served by personal service as provided in Rule of Civil Procedure 56.1, by certified mail addressed to the defendant at the defendant's last known mailing address, or by publication in the matter as provided in Rule of Civil Procedure 60 and subject to the conditions of Rule of Civil Procedure 60.1. (c) One copy of the citation shall be filed with the Clerk of the District Court and one copy shall be delivered to the alleged violator. (d) The citation shall serve as notification of an allegation that a municipal infraction has been committed and shall contain the following information: (1) The name and address of the defendant. _1 Ordinance No. 90-3467 Page 3 (2) The name and description of the alleged infraction, attested to by the officer issuing the citation. (3) The location and time of the alleged Infraction. (4) The amount of civil penalty for the violation charged and the court costs, or the alternative relief sought, or both. (5) The manner, location, and time in which the penalty may be paid. (6) The time and place of the court appearance. (7) Statement of the penalty of failure to appear in court. (e) The enforcement official may,but shall not be required to, give notice tb abate prior to the Issuance of a civil citation for a repeat offense involving the same property and occurring within one year of the prior violation(s). SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of 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 31st day of July, • 19'0. fT.YOR ATTEST: u r. 7S • porn CITY CLERK Approved by - City Attorney's Office G- 2a - yd It was moved by Courtney and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x _ Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 7/10/90 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 8/8/90 Moved by Courtney, seconded by Horowitz, 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: Larson, McDonald, Novick, Courtney, Horowitz, Kubby. Nays: None. Absent: Ambrisco. CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5CM STATE OF IOWA ) SS JOHNSON COUNTY ) I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3467 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 31st day of July , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 8th day of August , 19 90 . Dated at Iowa City, Iowa, this 27thday of September ,19 90 . 'amsna Parrott, Deputy City Clerk Linn lLULL rubL ILA 1 ION ORpNANCE NO.90-3657 AN ORDINANCE AMENONG CHAPTER I OF THE OWE OF ORDINANCES OF THE CTIY OF IOWA CRY, IOWA, BY REPEALING ARTICLE II THEREOF ENTITLED'PROCEDURES IND PENALTIES FOR MUNICIPAL INFRACTIONS' AND ENACTING N LIEU THEREOF A NEW ARRC E I.TO BE CODIFIED THE SAME, CONTAINING NEW DEFINITIONS, STANDARCO, MD PROCEDURES FOR MUNICIPAL MID ENVIRONMENTAL INFRACTIONS. WHEREAS,be City Council wishes to update the procedures ad series tor municipal IMraci orr Io be cosier with Chapter 364.22 of the sae Code Of Iowa and WHEREAS.to Cay wnbes to eSaaSn pr¢epuw ad pMMIMF b tonin sal Idnabrt NCO, THEREFORE, SE IT ORDAINED BY THE CTY COUNCIL OF THE CRY OF IOWA CITY.IOWA,THAT: , ____b_1 Thal Chapter 1 a the Code a Ordinance*a the CM aove City,ler be.and the same Is hereby amended by repealing Mico II thereof Hulled'Procedures and perms la municipal alesW,'and enacting a raw admen be cOCifrad b reed as Mons til N11as S Procedures and PanafMF b Muesipal Iaraabn& 9{ Seabn t3D. OeInooa Printer's fee 840.5" f+� (d Coda: The ten,code means The Cade d Ordnamee of Aha Cay a Idea City as may be anendad Ar erne to time. CERTIFICATE OF PUBLICATION (e) Repeat Oeense. A raining violation el to same sedCn of the Code or Ord,ancee. STATE OF IOWA, Johnson County, ss: (c) MuNcpalaiesen: Aviolation a the Gods olOraances punishable by cive paaM and THE IOWA CITY PRESS-CITIZEN each Barter rehM as sought by Lha Cll. ft) Envecrens auction: A municipal Mraabn Mal S a ration d C hrr 4558 of the Code d Iowa a e ration of any standard established by lows Cry in 4aaulSion with to DendMent of Mader Resources. I. eoni 131. relation.Paan',and Merin Carol Barr, being duly sworn, say that I (a) Ay violation a Lha Coda,wad the I am the legal clerk of the IOWA CITY dany misderneowhich Ls a Miry, sates Gear PRESS-CITIZEN, a newspaper Sin law aideviamlonleasing, published in said county, and that a amtmceicipa0tradayiap1"0�]"m']^•" mean runerC notice, a printed copy of which is hereto roi unless anther naw peony s pro„ded elsewhere In la.Cedilla asp. cvbla,on, attacl}ed, was published in said paper municipal Stamm e a don gine . time(s), on the following SAPHO ` waded N °M 1010x"'° meoyywaa of Gni Paan': date(s): Frst Melva Penete( Second oxeaa-SICO; Than sen subsequent o n d Gder, f /9"D mbl M#ngT - SLOG) a rn otter (C) Each day that a m+arlovl bndb,occurs a'dor is passed a MS Cdripawes a ( �� �/ Separate //!//`�j/f/f (//� (d) Eaalrb9 a call Peary as euthort ed M INS silica dr not Cay hon J seeking Sterner Niel In lee sane action. Legal ClerkSn oder asobrinclude. gfea neo (a) A ions =rang an ara*rannerlea Subscribeand sworn to be ore me +NaasnaACA SUbieea be Mn Penally.l el the fatting camitions ale satisfied (I) The violation results holey horn a persencondiamo an hits SeMU, this 11 day of_ -_, A.D. • doyens m n% war" scheduled naneerwce,trine a conducting a raise;of err cairn carat IRR vbwdn a I. L a cipam designed to mama aura es veer (2) The person floret.Cay of tM ! - ( .1 (z -N�. Y Ly :"V� vK%jton within 24 bore horn is !` ore that to vidadon pray Notary Public e Selma b mo.oreMt eight f41 The City Naw pd flare tri SHARON aadimIBinad.perncOmmaing JMRN\STUBBS UBBS an I ravarnal vbdmion,tired the Cay men to pa/tidpaa d Mb mal _ negaaers ural the prion M a -_. !, Paan acCa7a We ma,the City end IN poem Nen panidpete In good leaf nogdaidns to mar Issues Gaged to be ds baso a1ha vaaen. Sedln it ave Caawda (a) An employee or Sher offical amarhed by me Cly toenfos Me Code may issue a dA oaten to a parson silo a alleged to have canmsad a mun,c,pal Intramon. (b) The City may be tented by pesasl sorv,Ce — as prided in Rub of CH Nocedure 56 1, by Cenrt,a rail A5aasled 10 the defndan te to dleenoaie Int been mating address,or by pudiabn hi the miner as podded In Rule of CdA Procedure 6e and pbjea to the conditions d Ruts of CMI Ptomain 60,1. (C) One copy of The season shall be filed wad the Clan of 1te Dona Cast and one copy shall be dense to The seeped vtdas. (d) Ile alas et'yea as nceraTbn of an Segabnuw a municipal,nbawon has teen corseted and.haw wham the bowing Mapiabn; obtue . 7U - 3 i r -- -O, --nr rare n!-.d... of Me —at pd The mea and Neonatal c0 the , .legee inbeialat stead to teal l of aMr Swing d(.Malin W The bceen andtime a the alleged Infraction. (4) The amount a cal penalty for to violation Gaged end the court • costs, or the enemata relief sought a bah (5) The memo!,local:at end time In F, which the penally may he paid. (e) The am and place of the can t Wean (7) .went..a the pay abase 10 . appear In can (el The warcemIA offcalmw.but Shea all be res o nc to.give Mica a abate prier to e resales Of ea(n ce o ld a repeat Offense Mia Othe dame property end occurring Wan one yew of the prior viawia(e). oEn00Ne. nEaaAeE Aa ordinances and pane of animas iaCalla wan thep widbrs Col thio Ordinance we area Mated Cf the III.$EVE1UBIt11V. a any seam.pmASen u phi • or Oe Cipirerlw ala ca adjudged to be invalid a unconstitutional.such Geole 0!mn shell M.pialNevaor pa the Ordinance be as awMs m any eaten pension a Pa dalW M eratiara trlvF kW. p Ordinance shall be In endandas als estS Is044-110.4 N- Eall passage,.ppmval end puMicawn se reandq at 19 red ea mooed this Mat day of July. •AtTEST: want✓ I Oil QEN( ALguste:1590 ORDINANCE NO. 90-3468 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 3.6 ACRES OF LAND LOCATED EAST OF KEOKUK STREET SOUTH OF THE K-MART SHOPPING CENTER FROM RM-12 TO CO-1. WHEREAS, the subject property is In an area of transition from commercial to residential zoning and land uses, and WHEREAS,the approval of this zone change will provide for a transition from commercial to residential zoning and development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL That the property described below is hereby reclassified from Its present classification of RM-12 to CO-1: Commencing at the southeast corner of Lot 8 of Braverman Center, Block 1;thence S 89°33'40'W, 705.20 to the Point of Beginning; thence S 89°33'40'W, 446.00 feet to a point on the easterly right-of-way line of Keokuk Street;thence N 00°26'20° E, 352.25 feet along said right-of-way line to the southwest corner of Lot 9 of said Block 1; thence S 89°33'40° E, 446.00 feet along the south line of said Lot 9 to a point on the west line of Lot 7 of said Block 1;thence S 00°26'20°W,352.25 feet along said west line to the Point of Beginning. Said tract of land contains 3.6 acres, more or less, and Is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded by the property owner at the office of 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 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 7th day of August, 19 As . YOR ATTEST: 247,u-2uj ( . / CITY CLERK Appro `�� y/ City Attorney's Office 7/z5/go a3 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 7/31/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Courtney, Horowitz. Nays: None. Absent: Ambrisco. Second Consideration Vote for Passage: Date published 8/15/90 Moved by Courtney, 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: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. 1 CITY OF IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CITY,'IOWA 52240 (319) 356-5000 STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3468 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of August , 1990 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of August , 19 90 Dated at Iowa City, Iowa, this27th day of September ,19 90 'amona Parrott, Deputy City Clerk 129 Printer's fee SSS./. OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE NO, 90-3468 STATE OF IOWA. Johnson County, ss: "N0R0M IHEUSENCE N0M10DONSOFAPPROOTHE ZONING ''wcEBr ACRES OFTMEUSEOCATEDTIONSa APPROXJ ATELYtI AOLDH FF LAND LOCATED EAST OF TEOKUK 9rM THE IOWA CITY PRESS-CITIZEN I TO CO-1 THE KMN SHOPPING CENTER FROM RM-12 WHEREAS,me cugea property le Si en ares at tranaeior Sarre correnseeled to reeidertlal zawq end land a and • WHEREAS,Ire awn: is this=no change we preside for a transition from mmnrcel to readenoei zoning and dwdoprnwa. Carol Barr, being duly sworn, say that I NOW, THEREFORE, BE R.MANNED BY THE CITY • COUNCIL OF THE CITY OF MP CITY.IOWA: am the legal clerk of the IOWA CITY SECTIONI.APPROYIB That Ike d ram?ntrncMM Oektwla PRESS-CITIZEN, a newspaper hereby reared born ler pfeeers 10nef NM-1]b Cpl: published in said county, and that a Center,Baca! $mermW SBO Ne Pon notice, a printed copy of which is hereto i aBeano;v.basa8T'.o-w..eemfeet roapant on Me safety rpteareary tinea Keokuk Street:thence attached, was published in said paper 0a*hee E. lea elaq aidBBakway One to the rounwed a a pane La p sad Bak 1,mange 5 time(s), on the following - to apcea i 'E.AK.0O Niel a ca ng the era n said La to a pone on Me re a La r a este Bleck1,Mance date(s): S Do-z620'W,15225ter Song contained Inatome oim ales,end Sold tract a ase contains 18 etre mom �Ce� 2r/9,4 or nae,end subject to easements end reau ons a SECTION II ZONatdO MAP. The Build trepan( auttaoad CIM Waned to zos;mopn*C hereby a awe Coy to conform to mnrldMen$00 sac Ce, us pot passage, S C1• 1OCIMprrhapappnathis AND A Yrprpedad The lax. //jj SECTION III. CETTIFzed and AND R ODIOMD. Cly /) view Peke herebywdionzed uW&Taal to aeon/It copy a this I/� oNmwlte which ante be recorded by the propdy waterer the ' alto of the Corey Recorder a Johnson Coady,Iowa,upon Legal Clerk I anal passage and publication as presided by Ilse SECTION IV. REPEAL€H. All ordinance.and pans of ordinances In Gonna wnh the pmceions of this Ordnance era Subscrib d and sworn to before me hereby repealed. SECTION N VV.. EVERASI b Bay weii eeetion,ps or Pan p a OS Othe Ordnance Oe adjudged to be eedd or 1' unconstitutional. awoeGYm Nal not alma theea/erya this — day o f_ _ A.D. the Ordinance ee a Whole Or try!arta,.Provision or pan theiea not adjudged Invalid or un ondeatonal. SECTION VI. EFFECTIVE DATE. This Ordinance shell be in e ffect atter As lined passage, approval end publication as required by law. I9 __ n P9assd ee mepp approved mo 7th day of August, 111. Notary Public oR still -E.7 SHARON STUBBS ' ATTEST Re C CLERK trill 07444 August 15,1990 ORDINANCE NO. 90-3469 ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE NOTICE REQUIREMENTS FOR BOARD OF ADJUSTMENT HEARINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 36-91(e)(2) of the Iowa City Code of Ordinances be repealed and the following adopted in lieu thereof: Public Notice. The notice of the time and • place of hearings shall be published in a newspaper of general circulation not more than twenty(20) nor less than seven(7) days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the appeal. SECTION II. CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication of the Ordinance as provided by law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as . required by law. Passed and approved this 7th day of August, 1910.I 62 •AYOR ATTEST: 2I/liLG1.liX� -el. HCl j� CITY CL RK Approv•• •y doe A)0•00:_ City Attorney O ice 4/610 a4 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 7/31/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: Ambrisco. Second Consideration Vote for Passage: Date published 8/15/90 Moved by Courtney, 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 ord- inance be voted upon for final passage at this time. Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. • 1* CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIN, 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. 90-3469 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of August , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of August , 19 90 Dated at Iowa City, Iowa, this 27thday of September ,1990 am na Parrott, Deputy City Clerk • Printer's fee SM!!0 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS-CITIZEN I OFFICIAL PUBLICATION Carol Barr, being duly sworn, say that I ORDINANCE NO 90-3469 am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper ORDINANCE CEOZMETS . CC1NNGE THE AMENDING FOR BO ORDINANCE O published in said county, and that a , 'ADJUSTMENT NEAANcs. notice, a printed copy of which is hereto BE IT ORDAINED BY THE CT COUNCIL OFTNE erre OF attached, was published in said paper IOWA CITY; WE SECOONI. AME NOMENThat Sea=�691e) a IM C time(s), on the following Iowa Cay Cooed Gram a be repealed and the fallowing adopted In ea mares date(s): Public Nalca The nate oltw Lbw and i place M hearings than be published Ii a �,�/v,//,y/' �^ newspaper a general arMealon nal more -`%'^ (/ �� /.7 /710 than t twenty(2ol mrless aacadent n seven m tram ' dews prbr olocation eoft a ri address r a ol'l dauiaion a Na Iain a the appal. SECTION II. CERRFICATION. The City Clerk is hereby I autc,ed and directed to catty a caIN a eve Orthone to �� c. /b the County Recan a tlJalrsou en Canty,lava upon final /A/[�[ passage end publication a the Ordinance as prodded by law. SECRON IS REPEALER. All ordinances and pas a Legal Clerk sateby r in o Axa in m =fat war provisions blew Carwca are epeaied SECTION IV SEVERABILITY it any salont wawa,or pan or Use Ordinate Ma be adjudged to be *Had or Subscribed and sworn to before me un atfiad,el.s hadiudewnanaanae*aa+revsmroa the Ordnance as a whole or any secton,prwlko or pan thereof not adjudged Invalid or unconsaitionaL PECRON V. EFFECTIVE DATE. Thus Ordinate'ha be In this`( _day of — , A.D. alai ai earedWbrtrw passage,approval and acerawn as y�j //� //////�� I 19Pawedab approved h71di j7th day of Adapt, 19 L A ���,�{T iTL L%/(�Q/l TOR Notary Public , yy r/ �/ . ATTEST. ///aunt s) -f ?CRN/ SHARON STUBBS CRY C EOK • 07447 August 15,1990 75' . ORDINANCE NO. 90-3470 ORDINANCE AMENDING THE ZONING ORDINANCE TO ALLOW THE BOARD OF ADJUSTMENT TO PERMIT ALL REQUIRED OFF-STREET PARKING FOR PRIVATE USES IN A MUNICIPAL FACILITY UNDER CERTAIN CIRCUMSTANCES. WHEREAS, the Board of Adjustment Is empowered under Section 36-58(d)(6) to permit the use of a municipal facility to fulfill up to 50%of the required off-street parking of private uses which meet certain requirements and are within 600 feet of the municipal facility; and WHEREAS, in some cases, where the private use abuts the municipal facility, it may be appropriate to allow 100% of the required off-street parking in the municipal facility; and WHEREAS, in either case, the capacity of the municipal facility will not be exceeded. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 3858(d)(6) of the Iowa City Code of Ordinances be repealed and the following adopted in lieu thereof: (6) In instances where a use is within 600 feet of a City- owned parking area,up to 50%of the required number of parking spaces may be provided in the parking facility. When a use abuts a City-owned parking area, up to 100% of the required number of parking spaces may be provided in the parking facility. In the instance where an applicant wishes to provide off-street parking in a City-owned parking facility, the Board shall substantiate that, with the addition of the number of cars for a use accommodated in the facility, the capacity of the parking facility will not be exceeded. SECTION II. CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication of the Ordinance. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be Invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 7th day of August, 1:90. / /TAYOR // ATTEST: 77/,z,,€a4c) 514.11 t CITY CLERK App .. City rttorney's Office 7 ?.S/qv as It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney X Horowitz x Kubby X Larson X McDonald Novick First Consideration 7/31/90 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Courtney. Nays: None. Absent: Ambrisco. Second Consideration Vote for Passage: Date published 8/15/90 Moved by Courtney, 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 ord— inance be voted upon for final passage at this time. Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3470 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of August , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of August , 19 90 . Dated at Iowa City, Iowa, this 27th day of September ,19 90 . Ram na Parrott, Deputy City Clerk Printer's fee a�40 CERTIFICATE OF PUBLICATION OFFICIAL PUBLICATION STATE OF IOWA, Johnson County, ss: oRDINAruENo 90-TA7o THE IOWA CITY PRESS-CITIZEN I ORDW NCE AMENOMG THE ZONING ORDINANCE TO- IAtLOW THE BOAOF ADJUSTMENT TO PERMIT ALJ._ IS REOUWED OFF-STREET PAPoONG FOR PRIVATE USES INA MUNIQPAL FAOLITY UNDER CERTAIN CIRCUMSTANCES. WHEREAS,the Board of Adjustment a empcmend under : I. Section 3&a8(d)(6)to panni as use a a ndniw&facility to Carol Barr, being duly sworn, say that I MA!upth 50%oflnhe ed prequirements andarking alwhere 600 saws am the legal clerk of the IOWA CITY WHEed Im ;emcee ae0.a eeMap Nb mabutsttre PRESS-CITIZEN, a newspaper m, ,,an,eyheapwwrretoalter+m+tathe• published in said county, and that a rwu°'edo"°a.spa'"amv°I InernuM. rasat''ad WHEREAS.Si mew raw.baa way a one municipal notice, a printed copy of which is hereto a NOW,Me not R ORDAINED BY THE MY attached, was published in said paper COUNOL OF THECTIY'OF IOWA PTY,IOWA: ____I_____ time(s), on the following Maes SECTION Code a Or&wwes be repealed awl a MENT Pea Section o(�lao g date(s): ( In In esu ln%ta euseMeeNnamtraetry- /�� G t .oared patting wee up to`.Let of the required number _aej�/-� ./c7� / O a psi W spaces mayabuts be wordedeycen Si the Wal^0 Uj/' 1 up to When a use abuts a CW.awred patting area, upy IDA of the reared number a Ipathe My be Pmr dad Si the musing t atlW. Instance where en applicant water to provide anatla Board Si alCMarned perking tarelp'• ma Board shall A ale for 4 Teats eh the.gado a u,e numbay. e -�p-//r`{/ .6-0-..,1 / a u.pwMmg �Iniatbe mewled Legal Clerk SECTION u. CERTIFICATION. The Cay Pak a hereby _ g .eNnv®d end directed to catty a Ct a VTI went to the County Recorder a:Jaaacn County,Ian upon final ,passage end put caion of the Ordinance. Subscrib d and sworn to before me SECTION III. REPEALER. As ordinances and parts a i ordinances Si conflict with p Me oslsgra a a this ordirce we ,L I harsh/repealed. SECTION IV SEVEMBIU1V.. Itany section.provision or pad A.D. a me Ordinance snail re adjudged to be Invalid or this day Of _— urccewrabnw,adh adjudica;dnsallnot affect lhevamrty of . the Ordnance as a ankle or any seance,prowion or part ,thereof not adiuogedneaW or unCaiISUaiinw. ��/� ,SECTION V EFFECTIVE DATE. Tae Ordinance shall be In 19 d:� --V Owl d W as Npassage.approve/ caW approve/ d pJdkrl as rewired this P.,-,,.by and approved this 7th day of August, 19 D. - Notary Public ) J r r C. C/e SHARON STUBBS I AVOR J I ATTEST. }NX) 4 &CO&A) CnYC ERK , 07442 August 15,1990 : e . r c.-1. h.ci— ) ORDINANCE NO. 90-3471 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDmONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE .41 ACRES OF LAND LOCATED EAST OF GILBERT COURT APPROXIMATELY 200 FEET NORTH OF - KIRKWOOD AVENUE FROM RS-8 TO CI-1. WHEREAS, the subject property is in an area of transition from commercial to residential zoning and land uses, and WHEREAS, the property to the west of the subject property is zoned CI-1 (Intensive Commercial), and WHEREAS, with the approval of this zone change the transition from commercial to residential zoning will occur at the rear lot line of the subject property in compliance with the land use policies of the Comprehensive Plan, and WHEREAS,there is a grade change which provides a natural buffer between the subject property and the adjacent residential properties, and WHEREAS, the planting of evergreen trees adjacent to the east and north property lines of the subject property will provide screening between commercial uses and the adjacent residential uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL Subject to the terms and conditions of the Conditional Zoning Agreement and Section 414.5, Iowa Code,the property described below is hereby reclassified from its present classification of RS-8 to CI-1. The west half of Lots 5, 6 and 7 in Block 1 Berryhills Addition to Iowa City. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City,to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement, and to certify the Ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. 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 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 requir•• by law. Pa-4-d and approved this 1st day of August, 19. 1 . fir/ // ,g. / 419-• 17 OR • ATTEST: d4: 1_ A • i t.) C CL"K Appr/ • . / City A'o '•y' "Dice 7/s/qv o)(O It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 8/7/90 Vote for passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 8/29/90 Moved by Courtney, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings priot 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: Horowitz, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: Kubby. ��n CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT is made this 21st day of August 1990, by and between Don J. Goedken (hereinafter referred to as "Applicant") and the CITY OF IOWA CITY, a Municipal Corporation (hereinafter referred to as "City"); RECITALS WHEREAS, Don J. Goedken is the owner of the following-described real estate located in Johnson County, Iowa: The west half of Lots 5, 6 and 7 in Block 1, Berryhill's Addition to Iowa City, Johnson County, Iowa. WHEREAS,the above-described property is currently zoned RS-6, Medium Density Single-Family; and the applicant now desires that this property be rezoned CI-1, Intensive Commercial. NOW,THEREFORE, in mutual consideration of the promises herein,the Parties agree as follows: 1. City and Applicant acknowledge that the CI-1 zone for intensive commercial use is consistent with the commercial area to the west of the subject property, and is appropriate for subject property, conditioned upon provision of a buffer between the subject property and the residential areas to the north and east of the subject property. 2. Applicant agrees that in order to provide said buffer between the subject parcel and the residential area to the north and east of subject property, the following conditions shall apply: (a) there shall be no excavation on the site within 10 feet of the east property line; (b) two rows of evergreen trees will be planted along the north and east property lines of the subject property, and shall be maintained in good condition by the owner of the subject property; (c) grading and landscaping of the subject property shall conform to the site plan submitted by the applicant hereto attached and referred to as Exhibit A. 3. Parties acknowledge this Agreement shall be deemed to be a covenant running with title to the land; shall, upon execution, be recorded in the Johnson County Recorder's Office; and shall, without further recitation, continue to be a covenant on each portion of the subject property, until released of record by the City. 4. Nothing in this agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations, and the Applicant acknowledges same. Dated this ( day ofa 0. r • •• ..l` By. v •n J. Goed -n •PPLICANT ,. 2 CITY OF IOWA CITY, IOWA By: I / /0',e% -- JiMcDonald, Mayor Attest: i nAL,J &t 7 ) Man K. Karr, City Clerk CITY Approrr as • City orney's office 7/s/P� STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 21st day of August , 19 90 , before me, Gina M. Heick , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. 90-3471 passed by the City Council, under Roll Call No. of the City Council on the 21st day of August , 19 90 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa can CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CCO STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3471 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of August , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of August , 19 90 Dated at Iowa City, Iowa, this 27thday of September ,1990 am na Parrott, Deputy City Clerk OFFICIAL PUBLICATION OFFICIAL PUBLICATION CHO MANCE NO - - kb ittosAGO To to'towaCth S:CN /CNAG'MAP The eu..o.rglap AN ORDINANCE AMENDING THE ZONING ORDNANCE By auGo,z sd and a tectd to nag tireLenny map nt tr. t`'y CONDITIONALLYCHANG NG TRE USE REGULATIONS OF AN of fowl Gist tocoform to thin arneatmoni Luton gnat tot5,,tatt APPROXIMATE at ACHES OF LAND LOCATED EAST OF aborptial and gbh/rational iniwolnerto#acpro Wal Ca Inn Cn BERT COuRt APPROXIMATF.Y 200 FEET NORTH OF ,['[TCN COND.DONAI AGRELMLNT TEte Boyd, K.RKWnw AVE...IE FROM RS-6 TO Ort rcebr itaiharizai.and among to itcriaNx1aQeGe One'o am-to. C oi,orau Zan egw%q+ I..e wHEREAS Its sue,ect propel,s n an a'ea of nes on 0 a-lit 0 a tectd(that hm.Agleenaratigc I than camkertal to restnenlal zoned and,and uses and Ire+ernson Courtly Retadar s Orrice WHEREAS the properly to he west of ire subgd ptopeny %SECTON IV REPEALER Aa oicEnancas arty cans 01 is zoned CI-1(mlorsluu Comtnercal) and Oidnarcbs In contact wan inn p,ov¢Ions ohms orgnunc.ale WHEREAS. with the approval of this zone change he hereby ropeatad transition morn commercial to res,oenaal zoning wiltoccur at SECTION V SEVERABILITY It any section pmvepn CO pan rear tot tine C the scbletl property in Compliance with lite land Of into Ordrnanee shad be adiudged to be Nva nd or use otter or the GrIp,enensrve P.anarta nconSnU"anal,such adlumrar on Sr,as not aMect Neva a y al V.HEREAS inyres a g:ado change winch pt.dia a n a al tire0 as a carie r sealT0^.p rx. .- , b:'ar betweenthesablad property and les ad,ac=rt rapidxn la "-”:e c ap doetl n:a do ':d,C rat pope"es.and SECTOE.N EFF.C: 'Th s Cc^arca Sn I c. WHEREAS tire pItint-g of eve g een veer ad arell to Da e`en to I a. past,,,, L oval and pup? !�9©.S oast ndnoon y p loos Anes c propeMw Po da Ou el Printer's fee$. �� screening bO,Neen c arc-al uses and ma doticbnt Pied and app ov=a thitt t iit it.r: red nlmt„t„, ( a NOW. Mil*LORE 6E IT ORAtED BY Tit CTT j, / �'nI K; CERTIFICATE OF PUBLICATION - COJNC'L OF THE C of OWA CTY ova. �F+D IIILLL _- RCT DNI APPH,EVAL Sub.uct to he and icon_^ ens STATE OF IOWA, Johnson County, ss: of l cdna. z gA x t d < ls. p.,a // // coup,nae•OS rD rot..a y °u t'•.di cit, ,ATrF Ir 1/t <x,� /1 7)ae✓ THE IOWA CITY PRESS-CITIZEN p Hsa pc 1 The itt-r r.a ut._ms S 6 and 7rectal C.TY CLEW CONDITIONAL ZONING AGREEMENT I, THIS CONDITIONAL ZONING AGREEMENT is made this 21=c day of Carol Barr, being duly sworn, say that I 1990.by and between Don J.Goedken(hereinafter referred to as"Applicant)and the CITY CF am the legal clerk of the IOWA CITY IOWA CITY,a Municipal Corporation(hereinafter referred to as'City), PRESS-CITIZEN, a newspaper RECITALS published in said county, and that a notice, a printed copy of which is hereto WHEREAS, Don J. Goedken is the owner of the fo low,ngdescribed real estate located in attached, was published in said paper Johnson County, Iowa __/____ ____ time(s), on the following The west half of Lots 5, 6 and 7 in Bock 1, Berryh,lis Addition to Iowa City, date(s): Johnson County,Iowa. a.I WHEREAS,the above-descrioed property.is currently L -Ro Medium DensityS e ,,a� l 90 and the applicant now desires that this property be rezoned CI 1,Intensive Commercial gallteciefat(--. NOW,THEREFORE,in mutual conslderat:on of the promses heein,the Parties agrc I1. City antl Applicant acknowledge that the C61 zone for intensive comm rc al a is consistent with the commercial area to the wast of the subject property, a .1 is Legal Clerk appropriate for subject property, conditioned upon provision of a buffer betveen the subject property and the residential areas to the north and east of the subject propert/. Subscribed and sworn to before me 2. Applicant agrees that in order to provide said butler between the subject pared and Lha residential arca to the north and east of subject property,the following cond kens galaI apply'. (a)there shall be no execaatlon on the site within 10 facto theeast pre c y this-L _—day of _, A.D. (b)two rows of evergreen trees win be planted along the north and cast property, lee•s of the subject property, and shall be maintained in good condition by the owner of the 19/Ji / subject property;(c)grading and landscaping of the subject property shallconfolm to the Ly / site plan submitted by the applicant hereto attached and referred to as Exhibit A. /_ 3. Parties acknowledge this Agreement shall be deemed to be a covenant running catch klie —.ad A., ....ato the land,shall,upon execution,be recorded In the Johnson County Recorder's Ohio.:. Notary Public and shall,without further recitation, continue to be a covenant on each portion of the subject property,until rc!eased of record by the City. SHARON SiU6BS Ipy. 4. Nothing in this agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations,and the Applicant acknowledges same. Dated this - day of —7 . 1990. / 1/- 1 Byf'\�.et -----e- S Don J.Geed n PPLICANT CITY OF IOWA CITY,IOWA 1 BY:I / -E hn McDonald,Mayor • Attest: ,4n,..' g,.a_' —. Marian K.Karr,City Clerk CITY 07750 August 29,1990 :cc( r a t— ORDINANCE NO. 90-3472 AN ORDINANCE TO AMEND CHAPTER 33, UTILITIES, TO PROVIDE FOR PRIVATE SEWER LINE ACCESS TO THE MUNICIPAL SYSTEM FOR NON-RESIDENTIAL USES. WHEREAS, some commercial developments consist of a number of separate buildings, sometimes on separate lots, that are integrated in appearance and function, such as in a strip shopping center; and WHEREAS, the Iowa City Code of Ordinances, Chapter 33, now requires that each building have a separate and independent sewer line accessing the municipal sewer; and WHEREAS,this requirement was intended to avoid problems in which the disrepair of a shared service line for two or more buildings would cause conflict between independent building owners who have no commonality of interest; and WHEREAS, in some instances, a group of non-residential buildings may be physically connected or legally associated such that shared private sewer line(s) are efficient and practical and should not result in conflict between building owners. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 33-73; Utilities, be amended by adopting the following: • (c) A non-residential development consisting of one or more buildings on one or more lots may, at the discretion of the Public Works Director, be served by a private sewer system, provided that: (1) in association with such development there is the need for a lift station and force main; and (2) a single legal entity is established which is • responsible for the perpetual maintenance of the private sewer system. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of 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 21st day of August, 199, Oned-KCiQ A OR ATTEST: G tin 71 • "-4/3/ CITY CLRK Approv ISy 7 City Attorney's Office • 71 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 8/7/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 8/29/90 Moved by Courtney, 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: Horowitz, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: Kubby. CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CCO STATE OF IOWA SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3472 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of August , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of August , 19 90 Dated at Iowa City, Iowa, this 27th day of September ,19 90 . Cj29ttw'ria Parrott, Deputy City Clerk • Printer's fee 5,427.15;F OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE NO. 90-V37. STATE OF IOWA, Johnson County, ss: AN ORDINANCE TO AMEND CHAPTER 33, UTILITIES, TO THE IOWA CITY PRESS-CITIZENPHOVIDE FOR PRIVATE SEWER EINE ACCESS TO THE MUNICIPAL SYSTEM FOR NON-RESIDENTIAL USES. WHEREAS,sor.re commercial developments consist of a number of separate buildings,sometimes On separate 1013,that are nntegraled in appearance and function,such as in a slip Snooping center.and I, WHEREAS,the Iowa City Code of Ord nanCes.Chapter 33, now requires Inst each Cursing have a separate and Carol Barr, being duly sworn, say that I rndaoendenl sewer line accessing me municipal sewer,and am the legal clerk of the IOWA CITY WHEREAS.this reduiiementwet intendedtoavadp,Oblems M wn,ch the disrepair of a snared seance line for two W more PRESS-CITIZEN, a newspaper burWinge would cause c nflict between endepenaem burldwg owners who have no Commonality of interest;we published in said county, and that a w4EREAs,in some oslaneee,a group of nen-residential notice, aprinted copyof which is hereto buildings may be phy�ly connected or legally aseoclated 1.th MO shared private sewer irne(s)are efficient end-practical attached, was published in said paper and shOuidn«reaueinconflict bOtweenbuiWengowners. NOW. THEREFORE. BE IT ORDAINED BY THE CITY !___ time(s), on the following COUNdE OF THE CITY OF IOWA CM,IOWA, date(s): SECT! m I AMENDMENT That Seon 33-73,UR*.be amended by adopting the following, •' (c) A non-residential development ConSlatalg Of On.Or /9 f� more buion Off f1 tin lr W Or mbre Ids May, ata tby �C"1J `/ mote ion d the Public worns erecta,be sieved hby e a private sewer system,provided that. (1) in association with Such development there* the need for a Aft paten and force main:and (� a single legal entity r established which is �� ratpon ate for the pappual maintenance d e„,.,, ant private sewer 3rd1em. yS 1, PALO. All ordmahces and pans d Legal Clerk : OldmanCes In C�onfeCt wIth the p105 0415 Of was Ordinance are nefeby repealed. g CnON Ul VFRAt1lLITY. n any electron,proveion or part othe Orrd nig snarl be adjudged to be sTvaird cg Subscribed and sworn to before me srlCorMlitvtionat,suthadiudrcatahsnanh«effect mevalidity Of /vY/� ane Of0mante as a whore of any Section,provision or part Tissot net wooed invalid Of unCMalautionat / -fir rg5¢Nt 40$IIFF TvIlyd A Thea Ordinance snail be m this 6 `_day of _—, A.D. , enact a lir as Hilal passage, approval and pubircabon as reau,red by law • Passed and approved tins 2(st day of Awaits t, I�0. .\ / `A..46...< - A _lam _ A VA Notary Public / AT`EST..)��j� ki -rkT t 11 • `�' of SHARON STUSBS OITY oLERK� •10: ' 07119 August29,1990 C2`,J L ORDINANCE NO. 90-3473 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VII, OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 1988 EDITION OF THE UNIFORM PLUMBING CODE, WITH CERTAIN AMENDMENTS, REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL PIPING, FIXTURES, APPUANCES AND APPURTENANCES IN CONNECTION WiTH VARIOUS PLUMBING SYSTEMS; TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS. Be It enacted by the Council of the City of Iowa City, Iowa: SECTION 1. SHORT TITLE. This ordinance shall be known as the Iowa City Plumbing Code, or Plumbing Code, and may be so cited. SECTION 2. PURPOSE. It is the purpose of this ordinance to adopt the 1988 Edition of the Uniform Plumbing Code as prepared and edited by the International Association of Plumbing and Mechanical Officials and to provide for certain amendments thereof;to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa;to provide for the enforcement thereof and to provide penalties for violations thereof. SECTION 3. SCOPE. The provisions of this ordinance shall apply to and govern plumbing, as defined in the Plumbing Code, including the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances In connection with any of the following: sanitary drainage or storm drainage facilities, the venting system, and the public or private water-supply systems,within or adjacent to any building or other structure,or conveyance; also the practice and materials used In the installation, maintenance, extension or alteration of the stormwater, liquid wastes or sewerage systems, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. SECTION 4. REPEAL OF PRIOR CODE. Chapter 8,Article Vii, of the Iowa City Code of Ordinances Is hereby repealed. SECTION 5. ADOPTION OF PLUMBING CODE. The 1988 Edition of the Uniform Plumbing Code is hereby adopted in full except for the portions that are amended by this ordinance. From the effective date of this ordinance, all plumbing work shall be performed In accordance with the provisions of this code as modified by this ordinance. A copy of the 1988 Edition of the Uniform Plumbing Code and a copy of this ordinance shall be on file in the office of the city clerk for public inspection. The following Is hereby adopted in the ordinances: ARTICLE VII. PLUMBING. DIVISION I. GENERALLY. SECTION 8-161. CODE-ADOPTED. Subject to the amendments described in Section 8-162 below, Chapters 1 through 13 of the 1988 Edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials are hereby adopted,and shall be known as the Iowa City Plumbing Code, or the Plumbing Code. 7� Ordinance No. 90-3473 Page 2 SECTION 8-162. AMENDMENTS. The Plumbing Code adopted by Section 8-161 of this Chapter Is hereby amended as follows: Section 117 is amended by adding the following definitions: (d)1 Plumber, Apprentice. The term 'apprentice plumber shall mean any person who works under the supervision and guidance of a skilled Journeyman or contractor for the purpose of learning the plumbing trade. (d)2 Plumber, inactive. The term inactive plumber shall mean any licensed plumber who is not currently employed nor actively participating In the plumbing trade. (d)3 Plumber,journeyman. The term'journeyman plumber shall mean any properly licensed person who is allowed to install plumbing only under the employ of a Master Plumber. (d)4 Plumber, master. The term 'master plumber shall mean any properly licensed person who undertakes or offers to undertake, to plan for, layout, supervise, or perform plumbing work with or without compensation. Section 120 is amended by adding the following definition: (d)1 Sewer and water service installer. The term 'sewer and water service installer shall mean any person licensed to Install only the building sewer and that portion of the building drain from outside the building wall to just inside the building wall and the water service from the water main to the building water meter. 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 that: 1. Galvanized wrought iron, galvanized steel, ABS, or PVC pipe shall not be used underground as a building drain and shall be kept at least six inches above the ground. 2. ABS and PVC pipes and fittings shall be marked to show conformance with the standards in the code. ABS and PVC installations are limited to construction not exceeding the following conditions: A. Horizontal and vertical piping shall be installed with restraint fittings or an approved expansion joint or a minimum of 24' 45° offset every 30 feet. B. All installations shall be made in accordance with the manufacturer's recommendations. All PVC solvent cement joints shall be made with the use of an approved primer which shall be purple in color. C. Installations shall not be made in any space where the surrounding temperature will exceed 140° or in any construction or space where Ordinance No. 90-3473 Page 3 combustible materials are prohibited by any applicable building code or fire regulations or In any licensed institutional occupancy, or underground within a building except where special conditions require other than metal pipe, i,e. in acid waste or delonized water systems, plastic pipe and other materials may be approved by the administrative authority. D. PVC pipe of weight SDR 35 or better may be installed as a building sewer under the following restrictions: (1) Pipe size shall be limited to four Inches or smaller. (2) Pipe shall be installed in a 12-inch envelope of clean granular fill, i.e. sand or limestone screenings, 3/8' in size or smaller. The fill shall be installed uniformly with a minimum of a four- Inch base and a four-inch cover (see diagram). Ordinance No. 90-3473 Page fl y 11111 =1111 ' • WIlt1l011111 . illi-'illil . : 111111=11111 1��= 111111- 11rIh11���� e UM- IWl1= - • -111111 1111(1 :: 1111111 - III«= ¢• . 1111111 �MW. .vrn 1B IRE=Illll --intr.] 11 riiuil (jflf�=Ill-.11l= II '11111=== 1II rDP. Ordinance No. 90-3473 Page 5 3. CI soil pipe, and type M copper pipe shall be the only materials permitted for underground installation within a building except where special conditions require other than metal pipe, I.e. In acid waste or delonized water systems,plastic pipe and other materials may be approved by the administrative authority. 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 main 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 receives 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 administrative authority or the engineers of the governing body, based on local conditions. Section 502 is amended by deleting subsection (a) and adding new subsections (a), (c) and (d) as follows: (a) No vent will be required on a three-Inch basement floor drain provided its drain branches Into the house drain on the sewer side at a distance of five feet or more from the base of the stack and the branch line to such floor drain is not more than 12 feet in length. (c) In single- and two-family dwellings, no vent will be required on a two-inch basement P trap, provided the drain branches Into a properly vented house drain or branch three inches or larger, on the sewer side at a distance of five feet or more from the base of the stack and the branch to such P trap is not more than eight feet in length. In buildings of one Interval, where only a lavatory,sink or urinal empties into the stack,the five foot distance from the base of the stack does not apply. (CO Where permitted by the Administrative Authority, vent piping may be omitted on basement water closets in remodeling of existing construction only. Section 503(a) is amended by deleting subsection (2) and adding new subsections (2) and (3) reading as follows: (2) ABS and PVC pipes and fittings shall be marked to show conformance with the standards in the Code. ABS and PVC installations are limited to construction not exceeding the following conditions: (A) Horizontal and vertical piping shall be installed with restraint fittings or an approved expansion joint or a minimum of 24' 45° offset very 30 feet. (B) All installations shall be made in accordance with the manufacturer's recommendations. rOS Ordinance No. 90-3473 Page 6 All PVC solvent cement Joints shall be made with the use of an approved primer which shall be purple in color. (C) Installations shall not be made In any space where the surrounding temperature will exceed 140° or in any construction or space where combustible materials are prohibited by any applicable building code or fire regulation or In any licensed Institutional occupancy, or underground within a building except where special conditions require other than metal pipe, i.e. In acid waste or delonized water systems,plastic pipe or other materials may be approved by the administrative authority. (D) CI soil pipe and Type M copper pipe shall be the only materials permitted for underground installation within a building except where special conditions require other than metal pipe, i.e. in acid waste or deionized water systems,plastic pipe and other materials may be approved by the administrative authority. Section 504(a) is amended by adding the following sentence: There shall be at least one three-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 three 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, at least one two-inch dry vent shall be available in the basement for future use. Section 506(a) is amended to read as follows: (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 ten feet of any part of the roof that is used for such other purposes shall extend not less than seven feet above such roof and shall be securely stayed. Section 608(d) is amended to read as follows: (d) 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 art Ordinance No. 90-3473 Page 7 the flood level (FL) marking at or above the flood level of the sink or drain board, whichever Is higher. Section 613 is amended by adding a new subsection (d) to read as follows: (d) The following wet venting conditions are given as examples of common conditions used In residential construction which are allowed under this code, provided the piping sizes are maintained as required by other sections of this code and the wet vented section is vertical. (1) Single bathroom groups. A group of fixtures located on the same floor level may be group vented but such installations shall be subject to the following limitations: (a) Two fixtures with a combined total of four fixture units may drain into the vent of a three-inch closet branch. (b) One fixture of two or less units may drain into a vent of a one and one- half inch bathtub waste pipe. (c) Two fixtures of two or less units each may drain into the vent of a two-inch bathtub waste serving two or less tubs providing that they drain into the vent at the same location. (2) A single bathroom group of fixtures on the top floor may be installed with the drain from a back-vented lavatory serving as a wet vent for a bathtub or shower stall and for the water closet, provided that: (a) Not more than one fixture unit is drained into a one and one-half inch diameter wet vent or not more than four fixture units drain into a two- inch diameter wet vent. (b) The horizontal branch shall be a minimum of two inches and connect to the stack at the same level as the water closet drain or below the water closet drain when installed on the top floor. It may also connect to the water closet arm. (3) Common vent. A common vent may be used for two fixtures set on the same floor level but connecting at different levels in the stack, providing the vertical drain is one pipe size larger than the upper fixture drain but in no case smaller than the lower fixture drain. (4) Double bathroom group. Where bathrooms or water closets or other fixtures are located on opposite sides of a wall or partition or are adjacent to each other within the prescribed distance, such fixtures may have a common soil or waste pipe and common vent. Water closets having a common soil and vent stack shall drain into the stack at the same level. Ordinance No. 90-3473 Page 8 (5) Basement closets. Basement closets or floor drains In one- and two-family dwellings may be vented by the waste line from a first floor sink or lavatory having a one and one-half inch waste and vent pipe. c-Dr Ordinance No. 90-3473 Page 9 TABLE 7-1 Horizontal Distance of Trap Arms (Except for water closet and similar fixtures) Distance Trap Arm Trap to Vent (Inches) (Feet) 1Y. 5 11/2 6 2 8 3 12 4 and larger 12 Slope one-quarter inch per foot. *The developed length between the trap of a water closet or similar fixture (measured from the top of closet ring to inner edge of vent) and its vent shall not exceed six (6) feet. Section 910 is amended to read as follows: Every building intended for human occupancy shall be provided with sanitary facilities as required by this section and Table 9-A. The occupant load used to determine the minimum number of sanitary fixtures shall be the occupant load established by Section 3302 and Table No.33-A of the Uniform Building Code. Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual number of employees on the largest shift. The established occupant load shall be assumed to be one- half male and one-half female unless sufficient evidence to the contrary can be supplied to the administrative authority. aF3 Table 9-A' Fixtures Per Person' Type of Building' Bathtubs Drinking'-' or Occupancy Water Closets Urinals Lavatories" or Showers Fountains Male Female Male Female For employee or 1:1-15 1:1-15 1 per 50 males 1 for each 2 water staff use in all 2:16-35 2:16-35 closets or urinals occupancies except 3:36-55 3:36-55 industrial ware- Over 55, add houses, workshops, 1 fixture for factories, foun- each additional dries and similar 40 persons establishments. For employee or 1:1-10 1:1-10 1 per 50 males 1 for each 2 water 1 per 75 and 1 staff use in 2:11-25 2:11-25 closets or urinals per occupied industrial ware- 3:26-50 3:26-50 floor houses, workshops, 4:51-75 4:51-75 factories, four- 5:76-100 5:76-100 dries and similar Over 100, establishments. add 1 fixture for each additional 30 persons. For public use Assembly places, 1:1-100 1:1-30 1:1-100 1:1-100 1:1-60 1 per 75 and 1 i .e. theatres, 2:101-200 2:31-60 2:101-200 2:101-200 2:61-130 per occupied auditoriums, etc. 3:201-400 3:61-100 3:201-400 3:201-400 3:131-200 floor Over 400, 4:101-130 4:401-600 4:201-400 • add 1 5:131-160 Over 600, add 1 Over 400, fixture 6:161-200 fixture for each add 1 for each 7:201-300 300 additional fixture 500 males 8:301-400 males per 400 and 1 for persons each 150 females Dormitories - 1 per 10 1 per 8 1 per 25 males 1 per 12 1 per 12 1 per 8 1 per 75 and 1 school or Add 1 fixture for each Over 150, add 1 Over 12, add 1 for Over 150, per occupied labor 25 males over 10 and 1 per 50 males each 20 males and 1 add 1 per floor ) fixture for each 20 for each 15 females 20 >0 females over 8 Fixtures Per Person' Type of Building' Bathtubs Drinking'" or Occupancy Water Closets Urinals Lavatories' or Showers Fountains Male Female Male Female Hospitals: Individual Room 1 per room 1 per room 1 per room Ward Room 1 per 8 beds 1 per 10 beds 1 per 20 1 per 75 beds Institutional- 1 per 25 1 per 20 1 per 50 males 1 per 10 1 per 10 1 per 8 1 per 75 other than hospitals or penal institu- tions Office or public 1:1-15 1:1-15 1 per 40 males 1 for each 2 water 1 per 75 and 1 buildings 2:16-35 2:16-35 closets or urinals per occupied 3:36-55 3:36-55 floor Over 55, add 1 fixture for each additional 40 persons Wholesale" & 1:250-500 2:250-400 1 for each 500 1 for each 2 water 1 for each pair retail stores 2:501-750 3:401-600 males closets or urinals of restroom 3:751-1000 4:601-800 facilities 5:801-1000 provided Over 1,000, add 1 fixture for each additional 500 males and 1 for each additional 400 females Dwellings' - Single-family 1 per dwelling 1 per water closet 1 per dwelling Multi-family 1 per dwelling unit 1 per water closet 1 per dwelling unit Penal institutions: Cell 1 per cell 1 per cell 1 per floor L Exercise room 1 per exercise room 1 per exercise 1 per room 1 per room room Fixtures Per Person' Type of Building' Bathtubs Drinking" or Occupancy Water Closets Urinals Lavatories" or Showers Fountains Male Female Male Fema e Restaurants" 1:1-50 1:1-30 1:1-100 1 for each 2 water which serve 2:51-100 2:31-60 2:101-200 closets or urinals alcohol , pubs 3:100-200 3:61-100 3:201-400 & lounges 4:201-400 4:101-130 4:401-600 Over 400, 5:131-160 Over 600, add 1 add 1 6:161-200 fixture for each fixture 7:201-300 each 300 for each 8:301-400 additional males 200 males and 1 for each 150 females Restaurants" 1:1-50 1:1-50 1 per 100 males 1 for each 2 water which do not 2:51-150 2:51-100 closets or urinals serve alcohol 3:151-300 3:101-175 4:176-300 Over 300, add 1 fixture per 200 additional persons Schools" - for student use 1:1-25 1:1-25 1er 75 Nursery 1:1-20 1:1-20 2:26-50 2:26-50 P 2:21-50 2:21-50 Over 50, add 1 fixture Over 50, add 1 fixture each additional 50 for each additional 50 persons persons Elementary 1 per 30 1 per 25 1 per 75 males 1 per 35 1 per 35 1 per 75 Secondary 1 per 40 1 per 30 1 per 35 males 1 per 40 1 per 40 1 per 75 Others (colleges) 1 per 40 1 per 30 1 per 35 males 1 per 40 1 per 40 1 per 75 universities, etc. ) b p fixtures Per Person' Type of Building' Bathtubs Drinking"•• or Occupancy Water Closets Urinals Lavatories" or Showers Fountains Male Female Male Female Worship Places - Educational & 1 per 250 1 per 125 1 per 250 1 for each 2 water 1 per 75 activities unit closets or urinals Principal 1 per 300 1 per 150 1 per 300 1 for each 2 water 1 per 75 assembly place closets or urinals b P Ordinance No. 90-3473 Page 11 Notes to Table 9-A Whenever urinals are provided,one(1)water closet less than the number specified may be provided for each urinal installed, except the number of water closets in such cases shall not be reduced to less than one-half (1/4) of the minimum specified. 1. The figures shown are based upon one (1) fixture being the minimum required for the number of persons Indicated or any fraction thereof. 2. Building categories not shown on this table shall be considered separately by the Administrative Authority. 3. Drinking fountains shall not be installed in toilet rooms. 4. Laundry facilities. One(1)automatic washer standpipe for each dwelling unit for single family or duplex. For multi- family apartment buildings, one(1) standpipe for each ten (10) apartments or fraction thereof. Kitchen sinks. One (1) for each dwelling unit. 5. As required by ANSI 24.1-1968, Sanitation in Places of Employment. 6. Twenty-four (24) lineal Inches of wash sink or eighteen (18) inches of a circular basin, when provided with water outlets for such space, shall be considered equivalent to one (1) lavatory. 7. General. In applying this schedule of facilities, consideration must be given to the accessibility of the fixtures. Conformity purely in a numerical basis may not result in an Installation suited to the need of the individual establishment. For example, schools should be provided with toilet facilities on each floor having classrooms. Temporary working facilities. One (1) water closet and one (1) urinal for each thirty (30) persons. a. Surrounding materials. Walls and floor to a point two (2) fleet in front of a urinal lip and four(4)feet above the floor and at least two(2) feet to each side of the urinal shall be lined with non-absorbent material. b. Trough urinals are prohibited. 8. A restaurant Is defined as a business which sells food to be consumed on the premises. a The number of occupants for a drive-in restaurant shall be considered as equal to the number of parking stalls. b. Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing facilities must be available in the kitchen for employees. 9. There shall be a minimum of one (1) drinking fountain per occupied floor in schools, theatres, auditoriums, dormitories, offices or public buildings. 10. Wholesale and retail stores with an occupant load of less than 500 need not provide public restrooms. 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, or other approved materials. Lead pipe, lead solders and flux containing more than 0.2 percent lead shall not be used in any potable water system. Asbestos-cement, CPVC, PB, PE or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. All materials used in the water supply system, except valves 0117 Ordinance No. 90-3473 Page 12 and similar devices, shall be of a like material, except where otherwise approved by the Administrative Authority. Section 1105 Is amended by adding the following sentence: The minimum size of any building sewer shall be four (4) inches. DELETIONS: The following sections of the 1988 Edition of the Uniform Plumbing Code adopted by Section 8-161 of this Chapter are hereby deleted: Part I, Administration. Section 310(c). Section 1008(f). SECTION 8-163. GARAGE FLOOR DRAIN. Garages and other structures for the housing, sale, or repair of automobiles, or for the commercial washing, or repairing of automobiles, and 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, shall 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, naphtha, 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 8-164.CONNECTIONS TO THE PUBLIC SEWER. Unless special permission is endorsed on the permit, the junction pieces, slants or wyes 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 wye must be made in the presence of the plumbing inspector or his authorized agent. The cover on the wye branch on the sewer should be carefully removed in order to prevent injury to the socket. If there is no junction piece, slant or wye already in the sewer,the sewer will be tapped by the city. The superintendent of Pollution Control shall be notified as soon as it is discovered that a tap will be necessary. The excavation shall be properly prepared by the plumber and the sewer main completely uncovered. A city crew will then make the tap and install a sewer saddle for the plumber to connect to. The excavation showing the connections shall be kept open by the plumber until the plumbing inspector has been notified. SECTIONS 8-165-8-170. RESERVED. DIVISION 2. ADMINISTRATION AND ENFORCEMENT. SECTION 8-171. BOARD OF EXAMINERS. A. Creation. There is hereby established a Board of Examiners of Plumbers for the City of Iowa City. B. Membership. The Board of Examiners of Plumbers shall consist of four members who shall be appointed by the Mayor with the concurrence of the City Council; one shall Ordinance No. 90-3473 Page 13 be a master plumber;one shall be a Journeyman plumber; and two shall be representatives of the public who are qualified by experience and training to pass upon matters pertaining to the plumbing trade and interpretations of the plumbing Inspector. A chairman shall be elected annually from the appointed members. The plumbing inspector shall be an ex officio member of, and serve as secretary to, the Board. 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 more than two consecutive terms on the Board. All terms shall commence on January 1 of the year of appointment. Three members of said Board of Examiners shall constitute a quorum for the transaction of all business. D. Duties. It shall be the duty of the Board of Examiners to examine each applicant desiring to engage in the work of plumbing, whether as a master plumber, a journeyman plumber or as a sewer and water service installer. 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 or 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. Appeals shall be in accordance with the procedures set forth in the Iowa City Administrative Code (Chapter 2, Article IX). SECTION 8-172. LICENSES. A. No person shall undertake or offer to undertake to plan for, lay out, supervise, or perform plumbing work with or without compensation within Iowa City unless such person shall have obtained a master plumber's license from the City. B. No person shall work as a journeyman plumber within the City until such person shall have obtained a journeyman plumber's license from the City. C. No person shall work as a sewer and water service installer within the City until such person shall have obtained a sewer and water service installer's license. D. No person shall knowingly employ or permit any unlicensed person to perform plumbing work requiring a license within Iowa City. E. There shall be a properly licensed plumber present at all locations where plumbing work is being performed at all times. At least one licensed plumber shall be present for every three apprentices or laborers. lQ Ordinance No. 90-3473 Page 14 SECTION 8-173. APPLICATION. Any person required by this ordinance to possess a license for plumbing work shall make application to the Board of Examiners of Plumbers. SECTION 8-174.APPLICATION AND EXAMINATION FEES. The examination fee for those persons applying for a license for plumbing work shall be established by resolution of Council, and shall not be refunded. SECTION 8-175. 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 demonstrates satisfactory completion of four year's full-time experience as an apprentice plumber with an established plumbing company, 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. A sewer and water service installer's license shall be issued to every person who successfully passes the examination conducted by the Board of Examiners of Plumbers. The fee for the license shall be set by resolution of Council. SECTION 8-176. RECIPROCAL LICENSES. A. A reciprocal journeyman plumber's license will be issued to any journeyman plumber who holds a current and valid journeyman plumber's license in any other city in Iowa without taking the exam, if all of the following conditions are met: 1. The license must have been obtained by successfully passing an exam based on the Uniform Plumbing Code. 2. The applicant must demonstrate at least four years experience as either a journeyman or apprentice plumber. 3. The city from which the applicant's current license was issued must agree to extend the same courtesy to Iowa City journeyman plumbers. 4. The applicant shall make application for the license and pay all examination fees. B. Only one reciprocal journeyman's license will be issued to any applicant. C. No master plumber's license shall be issued until the applicant has successfully passed the examination given by the Iowa City Board of Examiners of Plumbers. D. No sewer and water service installer's license shall be issued until the applicant has successfully passed the examination given by the Iowa City Board of Examiners of Plumbers. SECTION 8-177. RE-EXAMINATIONS. Any person who fails to pass the journeyman or master plumber's examination may apply for re-examination at the next regularly scheduled examination. Any person who fails to pass aDg Ordinance No. 90-3473 Page 15 the sewer and water service Installer's examination must wait a minimum of 30 days before retesting. SECTION 8-178. RENEWALS. Every license which has not previously been revoked shall expire on December 31 of each year. Renewal fees shall be as established by Council. Any license that has expired may be reinstated within sixty days after the expiration date upon payment of an additional ten dollar reinstatement fee. After the expiration of the aforementioned sixty-day period, no license shall be renewed except upon re-examination. SECTION 8-179. REVOCATION. A. The Board of Examiners of Plumbers may revoke any license Issued by them if the license holder shows incompetency or lack of knowledge, if the license was obtained by fraud, or for continual violation of any sections of this code. 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. B. Revocation shall occur only after the plumbing inspector has given the licensee written notice and an opportunity for an administrative hearing before the Grievance Board. Such notice and hearing shall be conducted pursuant to the provisions of the City's Administrative Code (Chapter 2, Article IX of the City Code of Ordinances). C. If a license is revoked for any reason,another license shall not be Issued for at least 12 months after revocation. SECTION 8-180. INACTIVE LICENSE. Any current plumbing license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to maintain his/her plumbing license as current but will not be permitted to obtain a plumbing permit nor otherwise actively participate in the plumbing trade in Iowa City. The license may be reactivated within three(3)years upon payment of the full license fee for that year. After a license has been classified as inactive for three (3) years or more, or has been previously reactivated twice, a reactivation exam shall be required. The fee for an inactive license shall be set by resolution of Council. SECTION 8-181. 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 article. D. No permittee shall allow any person not in his/her employ to do or cause to be done any work under a permit. SECTION 8-182. 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 pipes, and the clearing of stoppages in pipes, valves or fixtures. However, if _'1Sk Ordinance No. 90-3473 Page 16 it becomes necessary to remove, replace or rearrange any part, it shall be considered new work which requires a permit. SECTION 8-183. PERMITTEE. 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 article, except as further provided in this section. B. A permit may be issued to the owner of an existing single- family dwelling, which is owner-occupied pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this article. C. A permit may be issued to the holder of a valid sewer and water service Installer's license for the installation of a building sewer and water service only. SECTION 8-184. 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 inspector is of the opinion from the information furnished that the applicant is in compliance with this article,he/she shall Issue the permit upon payment of the required fee. SECTION 8-185. PERMIT. A. Time limitation. A permit shall expire if the work authorized is not commenced within 180 days after issuance or if the work authorized Is suspended for a period of 180 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 permit shall not be construed as a waiver of any of the provisions of this article. tt shall not prevent the plumbing inspector from requiring the correction of errors or from preventing construction in violation of this ordinance or from revoking any permit issued in error. C. Display. The permit and the approved plans or specifications shall,at all times, be available at the location of the work permitted thereby. SECTION 8-186. INSURANCE. Before a permit to perform plumbing work may be issued,the applicant shall have on file with the plumbing inspector a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000) property damage and five hundred thousand dollars ($500,000) bodily injury. The City of Iowa City shall be named as an additional insured. The policy shall also provide for at least thirty (30) days notice by the insurer to the City of termination of the policy by the insured or insurer. Plumbing permits issued under Section 8-182(8) of this ordinance shall be exempted from this insurance requirement. Ordinance No. 90-3473 Page 17 SECTION 8-187. PERMIT AND INSPECTION FEES. All applicants shall pay the proper permit and Inspection fees 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 8-188. INSPECTIONS. It shall be the duty of the person doing the work authorized 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 8-189. PLUMBING INSPECTOR. A. Duties. It shall be the duty of the plumbing inspector to administer and enforce the provisions of this article, 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 article. B. Right of entry. The plumbing inspector shall carry proper credentials and shall, upon presentation of his/her credentials during business hours, have the right of entry to inspect all buildings and premises in the performance of her/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 article, 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. Any oral order shall be confirmed in writing. 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 8-190. VIOLATIONS. A. Notices. 1. Whenever the plumbing inspector discovers that any unsanitary condition exists, or that any construction or work regulated by this article is dangerous, unsafe, unsanitary, a nuisance, or a menace to life, health, or property, or otherwise In violation of this article, he/she may orally or in writing order the person responsible therefor directing discontinuance of such illegal action and the remedying of the condition which is in violation of the provisions of the article. 2. Refusal or failure to promptly comply with any order shall be considered a violation of this article. 3. If the order is not 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. lR Ordinance No. 90-3473 Page 18 B. Violators. The owner of a structure or premises where anything In violation of this article shall exist and any architect, builder,contractor, agent, person or corporation employed in connection therewith who may have assisted in the commission of such violation shall be each guilty of a separate offense. SECTION 8-191. PENALTIES. Any violation of the provisions of this article shall be considered a simple misdemeanor or municipal infraction as provided for under Chapter 1 of the Code of Ordinances of the city. SECTION 6. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 7. SEVERABILITY: It any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 8. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Pas ed and approved thi 1st day of August, 19 //, f • OR JJ �1n ATTEST: 'i . "'�CcJ CfTY C RK Approved by City Ah. 'eyes Office It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney —lam Horowitz x Kubby x Larson x McDonald Novick First Consideration 8/7/90 Vote for passage: Ayes: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 8/29/90 Moved by Courtney, seconded by Horowitz, 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: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: Kubby. 10 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500C) STATE OF IOWA ) SS JOHNSON COUNTY I, Ramona Parrott, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3473 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of August , 1990 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of August , 19 90 Dated at Iowa City, Iowa, this 27thday of September ,19 90 . C 4�&t�, Y1 .�/ Ram na Parrott, Deputy City Clerk OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 90-1473 (413 Ppnmbrlwmeymnn.The team laundryman plumber shall mean any property licensed person who a r MI ORDINANCE AMENDING CW3"tER B ARRCLE dig OF slowed to install plumbing only under 1b employ of e THE IOWA CRY CODE OF ORDINANCES,BY ADOPTING THE Master Plumber. 1988 EDMON OF THE UNIFORM PLUMBING CODE,WITH 101e plumber,mazror. The term'mater pwnbf shall CERTAIN AMENDMENTS, REGULATING INNTHE PRACTICE, mean any properly licensed person who undertakes or MATERIALS MD FIXTURES USED THE ITION OF AL, cetera to'undertake;to pan for,1yeta,supervise,w PIPING,FIXTURES. .APPL M4 AND ALTERATION ALL penwm.plumbing work with awnhaa compansaion. PIPING, TION VAT VARIOUS AND PLUMAPPUBING SYSTEMS; IN Sbdan 120le amended by adding the elowrrg dwneon' CONNECTION WI[H mSUA CE OF ERMTS TO (0)1 Slew aid were,.SSMOS Installer. The amt'seem PROECT FOR THE BINGAN S OF PNSMAN AND end water senors installer shall mean any person INSPECTION OF PLUMBING PROVIDE AND FOR licensed to Install only the building sewer and Thal • COLLECTIONVIOLATIONS. OF FEES,AIA TO PRONOE PENALTIESFOFL genial d bre building Wan from Wilde the Wilting VI It ac. well to lila Mite the bui'dmg wan and the water Bew n enacted O T 1 Council is the City d Iowa Gaya baa service from the.water own to Ba building water SECTION I. $HORTTRL(.The ordinance Salo Ynbwnm Teter. the Iowa dry Plumbing Code,or Plumbing Cade,and mal/be Seobn 401(a)to amended to read a follows: $E Sled. (a) Dranage ppe snail be�Iron, pranged seal, SECTION 21 8 EdaeF. b b the purpose dmosng Coda as galvanized wrought wn.lead.capper,due ABS. adopt me and Edition d Uniform PlumWg Cob as PVOOr other approved',mottle hewing a smash and 'prepared e etlllia Ply theiInternational pprovide ton a of uniform bore,except ma: aePlumbing m end ere t;to pr Oaieitor and to provide to health, I. Galvanized wrouga Yon,galvanized steel. amlM,ed safety Ol to ppienKKmeaCCity.on ofw.theahealth, u ABS, IX PVC pipe shoe mgt be Wed ?welfare,endpclerydmh thereof and dt10 rade P:roi.Mde underground ae bolding Wan end shallb .10, the eOwed. nt lherad ew Ig proves psMsrea for kept at least sh Inches More me ground. violations Owed. g. ABS and PVC pipes.and fittings snail be SECTION 3. SCOPE. The provaisls of ma me Plea Sial marked to Moo conormance with the B ,to and govern plumbing,rsa as erased In IM used the etetatds In the code. ABS and PVC I•Code,Including thence ext materials and I ation i In piping installations be limited to cntudion not p Seises, msiOesaextension an In cones io all exceeding the following condemns: I'f the f 0c'eteg s and appurtenances s on connection witge fec any A. Norham and viatica ppag shall • gotmvtmng sys. e , apea wslamvate water-supply be Installed with restraint tinge Or - ay wring roma ed and the public a pi oh wbatureD or an approved exgereon paler or a _conveyance;nveya e;Ma wl a presto amm to les d in tminimum d 2a'45'caasel every 30- ✓ ionalso the preRice and mf a or used In the , Met. 'Installation, maintenance extension d 0aen a. and a ma B. Al accordance thud be trade in �/a +] ''s ppy ser licked wings mi sewerage their csonchs haat eapiyrrra wpm the l beAedurern Printer's tee a a, s4 poppy systems of any premisesoerto dwu le laminonar with any recommendations. All PVC eoNera SECTIONiEPALaF other RIOR CO0 . lelp'ter 6 cememaina shall be made well Ise t of Me laN 4. REPEALCoda OF rdlnan A E Chapterpealed.Nude NL use a an approved OMNI which CERTIFICATE OF PUBLICATION .area SCity. ADOPaONOFPLsMBINGn'rapealm shabapuryeImw BECKON 5. ADOPTION OF PLUMBING CODE_ The 1988 C. Installations btarw MSN ata be made in I STATE OF IOWA. Johnson County, ss: ...Eben die Umber',Plumbing rcm0bneebyhis Ord in full any apace wore de be nfl In , euap ler the Gonbnt that ere ordinance, by this Ordnance, temperature MI exceed Tao'a m THE IOWA CITY PRESS-CITIZEN (From theerforme aerasNs withca al punting work any construction orepece,Meas shall be performed In accordance with thadigs f eisora d ilea code as modifiedtyClnbnce.A COPY a the 1ordinalce cambtotible maenae a proliibed , amp Une rth Plumbing Code ens a copy d this ordinance by any appprebi building code or - etude be on ere In the bythe cryclerkfor public inspection, Ms ieguWnl or W any Mcnsd ..The meowing Is hereby adopted in the adin.nceL • institutional occupancy. or ARTICLE VS. PLUMBING. underground withal a bilking ONIS ON L GENERALLY. exceptexceptwhere ped le eYm oms Carol Barr, being duly sworn, say that I • SECTION 6181. COD&ADOPTED. Subject to the require other than metal pipe,to m amendments described In Section 8-162 below,Chapters I add wave or deionwd wast am the legal clerk of the IOWA CITY 111rwig,n d dem9S Edition aw Uniform Plumbing Ccde systema plastic Pc. and ether PRESS-CITIZEN, a newspaper promulgated by to IntdnmenM 0l Aad uabn Plombmm p end nanela may b appaed by to promulgated al OBibab am hereby adopted.and null be known as administrative aulMMy. , published in said county, and that athe Iowa Cry Plumbing Code,or to Plumbing Code. . D. PVC Pee a weipweightSDR 35 or baa may be installed se a building notice, aprinted copyof which is hereto SECTION 8.162. AMENDMENTS. The Plumbing Code sewer under the hallowing adopted by Section 6161 d this Chapter is hereby&minded as (asmidions. attached, was published in said paper ,� allows, 0) i ipe a « to _ I --_— timelsl• on the following ( Section 117 isemendod b adding the following definitions: dour enal 0ur (0)1 Pamber.Apprentice. lite term'apprentice plumber (2) 12-inch amelia wasted teea datelSl: sisal meanan, app woe works under the granular Li a 1 aylemsbn ao.guidance a a skilled journeyman or e `/ _— trade n for the purpose of learning the plumbing In anular NI, sand air a m arse or smaller. The fill /.._ Jr, ' ! /� (012 trade. )moats. The tem 9 adive.Dlumber shall Mal be IMMO unawmy / mean my knnsed plumber wive Is not currently with a minimum d a four- inch nor aanory pMAnipasn9 In the plumbing inch base end a tour-IoM /� `/ ` trade' cover(les diagram). ��• C`b"ice uIIIIISI= Legal Clerk m , —titHr 111I1I =111111.---.,---11111..... III-VIII Subscribe and sworn to before me. • _lulu= =IIIIII- this of_ -:P_ A.D. IIIIII=IIIII1 11111L-f----- this �' 11�r111111': - Will. , 19 111111=f;. . - '. -IIIIII i 3-'1 • I''II1111111 Mw`•at `t IMI Notary Public IWll N' 1 ¢. SHARON STUBBS III11 ,� t IIIIII ,'! • III—B. llm ick Mai Asend(uux' - IlIJI 1111111=11 --111ta th fl 1 =IIIII=lino%-,,IIIIII111111111 , • dere pee,and type Mcappar Dip rutile ' dbwnc&&Yve lea or more from the base d the track the only materials Damned for underground end the branch to such P fla0 m rid mare Man eight My . Yealabn wow.a toting MOW where fele M length. In building's d ane Intens.ware only madness ware other Man metal alo'*Nace IXudteruptWINath stack,Motive Me epWia rod dawns man the bass of me Sear dove not pipe.La in win sew of Mondial*tee &POOL rymemaby Pipe aedother ma1011elnmey (el Where perby the AdlansmaNe Autbrny,vent be approved ved by me administrative eary. piping may be cam on basement water closets in Seaton I W(e)is amended by adding the Wowing sentence: remodeling d existing cotmruaan only There shall be at least ore 4-Inch dein pipe Popp ee MWw BV'san MB0N'a Section 583(e)S emended by deleting subsection(2)andfo the main drainage mend.amended to mad AB follows: new wbsedam(2)and(3)reeding as follows. (2) 1.4384110w end PVC epee end belle Mall be marked In ;al which e'ppog servingfutures, room Mile curb ma ot conformance •with me standards in rhe Cate which are located below the elevation a the ca ABS end PVC imlelaions aro limited to conttudan properly line at the poll where the Wildrnp web not exceeding the Mewing Gondams. cncwn to Infer the curbspropeM ere,andabovegravity ram (A) Habentel and venoel piping Ma be down level d the main sews,mel drain by graMy Inmaled with reerant sings or en approved berm the main sewer, and shall be protected from expansion amt or a minimum d 2A'45° bwmaw of sewage by atakng an approved ryes Savvy 30 fest, beam-ars vale,andn each such beavers veNe shell (B) Al inaoeailOa enal.be made M acorderdce' • be nage ed only.m that branch a Section d the with the nanuladumes rwanmwdwens.' , drainage osytrem whin receives me discharge from All PVC eoNap cement Willa sial'be made paaerl located belowre Me elevation of the outct or won the We d en approved perm or Whin ehaI t requirements d td n cebsaryby seryl te purple a color. able apply only wren 1 1 tlor t o engineers necessary by e • ger wing bodsed on local renditions oto (C) trialwhere asaeninbnubWeraep eel governing apt body,based de mnbims eore the surrounding hi tMlPoor a wit Swoon eu a icraamended by deleting 6) Meows (a)and emceed 140 or In any construction isatw Mees s) newo vent williorm ua(c)and(hr as cw.as. where combustible bbuuwing a�eaor til ' 'IH downtwiied required ranches mo basement floor by anyi applicable on Me sewer d drain51branches of tea houseedrain occupancy, .o In any stn eedwe ma buNaW w me.ebes sled a a thrash d mm t moth a p or underground within a dklNnp • floor mebdor Ma mcmP branchlaImo such exceptanwhere Pa special conditions In acid waste or floor dem a not nqa lig 12 MI In length.rmen metal er y la. p wssro (c) In seem end loo ch ba emelntgaro v dl a derOmad wear to eFotov d tw ogle( _ rpuuw On as Intoe basement P Imp,provided dM maerba may b epaovw by ma branchlthreba Into 0 papery' nventedMehouse dein or OamM a TypO y.M branch three Tires or larger.m Me sewer sib ha (DI Cl sol pipe and Type M_Prim pipe shall he inwelWbn within audwg except where ` _-• - Vera asnelelone ragas caw than meal . / � pipe i t.w ace waste or doomed waer </ WyOwna,plait pipe and Other materials may be approved by the administrative eutndrey j Sedb taat(a)eamended by adding the following sentence. Theeahall be et loot one thewlncn main slack for each binding. Section 505(d)a amended to read as follows. i (d) All vex pipes wit extend undiminalwi in sire above the root;or anal be reconnected with a soil or waste I ate ane(NUM d two Or bas unlit may WA I prepw ma. Novena unalathan INN incnN drew too a vent of a one yb pip shall extend through the mot hen Inst bathtub waste poi. Sedan 505 a amended by adding a subsection(g)to read (c) Two natures of two or less units as letws, each may dram and the vent el 4 (g) In ell new residential construction with a base cert.at ' Niemen bathtub waste serving two least one Mt-inch dry vent shall be available m the or less tuts providing that they drain baaemerd ler future Ude. Into the vet at le same tecaUM. Seaton 5C6(a)vs amended b read as rotors'. 121 A single eanroom group's Hautes on the (✓>) EWA veil Pp or stack shall extend through R 10p fear may be installed with the drain from flashing and shall terminate vertically not dee than 12 a Mat-vented lavatory serving as a wet vent SAKE 7-1 ashes above the and and not less than 12 inched L fel 8 balbeub Or shower gal end for Its waw Nollaorna Diane d Trap Anes from any vertical surface. closet,provided that. (Except M waw closet Section 506(c)a amended to read as follows: (e) Not more than one!alum.urill Is end Winker fixture') (c) Vent pipes shall be extended separately N combined. drained Into done end onealahinch d full rethe to see,not less than 12 inches above the diOnled wet Very cc not Mali than I Doane roof or he wall. Faggoting d vents i otter men Idd(olein tints Nan Into a two. Trap Apn Trap t except where the roof a 000 ldntePoeas Other Men vim4 weiherot ha a.Alt venae strewn ten fee des pan inch wet nem (laches) d the root Mal used ler such other purposes shall (0) The rodadbw branch atoll.be a n (Fowl extend not less then seventeen eboN such Nd end mntimem drive indlaa and 5 the 1Y. - • 5 WIWI te accuse/stayed. to the stack al the same ladaslid 1': 6 Section 608(0)a amended to read as BROWS: waw lose duan en Delo* the 2 ..... 8 (d) No domestic dishwashing MOONS;heli be tawny water close drain when Installed On 3 '' .._ . f2 connected to e drainage system or food waste the Ped it nay else Penned to nand lalger ._ . 12 disposer without the use a an approved ahitwasher the water closet arm. ekgap Shing on thehdischarge Caeca the dlieyiMp (3) Common nem. A set on nem toryca Slope one-quarter incl per foe. machine, m s damp the Oachega line d the used 10r two fxturaz stet on Ino NmallWr the k Sher as nigh as possiale near the flood Neel d keel WI providing at different levels in the •TM developed between the trap d a water closet or the ktchen sink.laid avgapa shell be Instailed win Slack,providing the vertical drain a one ere simile fixture(measured ham the topcloset mg to inner mI)'Medge and as vent shall not e flood level(FL) at Or above tte flood level size(ergo(than Me upper fiwra drain but in SSectiof vent)is to lead case owe dtea the Sink dram ant,g newerhigher no case smaller than the beeehe r nna Mem. Section 615 a amended lea Is naad by adding a new fiebeedan(01 to (4) Double bathroom r Every leu ding intended ler human°sceptry Val be read as 1dWM: group Where bathrooms Provided with San blecilpbs as Mewed by lib an end (d)' The blowing we venting donations are given az or water cleans or other ate located Table est, mama*,d common rgMitens used in residents.' Pa opposite epee dewin Npan ton or are construction which are allowed looter the cede, adjacent 10 each other wenn the preacrbed The occupant load media determine Me minimum num provided Me piping seas am maintained as mounded distance,sect lNdlN may havea common d sweaty fixtures shall be the occupant load aeabNaMd try s ander sections d tnls lode end the lop vented sal or waste pipe and common vent Water Stoncept3002 and Table NO..33-tome Uniform Building Cade . election le venvenial]. closets paring.common soy end vane Bask Fsal: When tone Makes ere provided bemplo/w9 (1) Single bathroom groups, A group on tNupa Shall drain Iwo the slack at the aloha level. only, the occupant load shah be Maactual minter or Iodated on the same floor level may be group employees on the largest shM. vented but such installations.hal be subject r5) Basement dxae B85ememoceaa wflec The eseolnshe0 as upcon to the fo o.eing limitation,: tlrehte a one'and two-family dwNlnW ms hart had and one-hat femabeunless sufficient esha:l be rw�tl fence to the (a) Two fixtures with a combined total bbe Van>Eby the waste lie from a hue floor contrary can:be supplied to lid administrative sandy. of four foliate units may drain into inch orle ori hevlrp a Ma and pMhae the.vent d a Ihree-hien clesetdM Vera pryer - _ branch. _._. - -- — _—Table 9-A• __ -- - - Fixtures Per Person' Type of Building' Bathtubs Drinking"' or Occupancy Water Closet( Urinals Lavatories' or Showers Fovntalns Male- Female Male. Female For employee or 1:1-15 1:1-15 1 per 50 males, 1 for each 2 water staff use in all 2:16-35 2:16-35 closets or urinals eccueanetee except 7:]6-aS 3:36-55 industrial ware- Over 55, add , houses, workshops, 1 fixture for ,• factories, foun- each additional dries and similar 40 persons I establishments. I For employee or 1:1-10 1:1-10 1 per 50 males 1 for each 2 water 1 per 75 and 1 1 closets or urinals staff use in 2:11-25 2:11-25 per occupied industrial ware- 3:26-50 3:26-50 floor 1 houses, workshops, 4:51-75 4:51-75 , ( factories, foun- 5:76-100 5:76-100 ' dries and similar Over 100, i establishments. add 1 fixture for each L additional 30 persons. For public use ' Assembly places, 1:1-100 1:1-30 1:1-100 1:1-100 1:1-60 1 per 75 and 1 i.e. theatres, 2:101-200 2:31-60 2:101-200 2:101-200 '2:61-130 per occupied I, auditoriums, etc. 3:201-400 3:61-100 3:201-400 3:201-400 3:131-200 floor Over 400, 4:101-130 4:401-600 4:201-400 i add 1 5:131-160 Over 600, add 1 Over 400, r fixture 6:161-200 fixture for each add 1 ` r for each 7:201-300 300 additional fixture 500 males 8:301-400 males per 400 and 1 for persons i each 150 females • Dormitories - 1 per 30 1 per 8 1 per 25 males 1 per 12 1 per 12 1 per 8 1 per 75.and 1 school or Add I fixture for each Over 150, add 1 Over 12, add 1 for Over 150, per occupied labor 25 males over 10 and 1 per 50 males each 20 males and 1 add I per floor fixture for each 20 - for each. 15. females 20. females over 8 i ` hospitals: • Individual Room. 1 per ,room 1 per room 1 per roam i Ward Room 1 per 8 beds 1 per 10 beds 1 per 20 1 per 75 I beds IInstitutional- 1 per 25 1 per 20 1 per 50 males 1 per 10 I per 10 1 per B 1 per 75 tither than hospitals or penal i:nstitu- tions Office or public 1:1-15 1:1-15 1 per 40 males 1 for each 2 water 1 per 75 and 1 closets or urinals per occupied 5 buildings 2:16-35 2:16-35 floor 3:36-55 3:36-55 1. Over 55, add 1 fixture for each additional 40 i persons I Wholesale" 8 1:250-500 2:250-400 1 for each 500 1 for each 2 water 1 for ea'h pair i retail stores 2:501-750 3:401-600 males closets or urinals of restroom d 3:751-1000 4:601-800 facilities 5:801-1000 .. _ - provided o7hi OFFICIALPUBLICATION OFFICIAL PUBLICATION _ bFFICIAL POI.!CATION ' 11 - fixtures Per Person' iType of Building' - Bathtubs prinking'•`- 1 or Occupancy Water Closets Urinals tavatories' or Showers Fountains - • - Mc. ale Female -. Male. Female , i Over 1,000, add' 1 fixture , for each additional 500 1 males and 1 for each . . additional 400 females , • ' Dwellings' - p per water closet 1 per Sin91e-family 1 Der dwelling dwelling , Multifamily 1. per dwelling unit 1 pee water closet. .1 per _, Dwelling . uni:t 'Penal fnstitutiOns: 1 per cell.' 1 Per flpor Cell - 1 per cell Exercise room 1. per exercise room 1 per exercise 1 per'roam 1;per room + - room ' Restaurants' 1':1-50 '1:1-30 1:1-100 1 for each 2 water which.serve 2:51-100 '2.31-60 2:101-200closets or urinals - ' alcohol,..pubs. 1:100-200' 3:61-100' . 3:201-400. - . ' b lounges 4:201-400 4:101-130 4:401.600. ' Over 400, 5:131140 . Over 600; add 1 " add 1 1:161-200 fixture for each - 'fixture 7:2017300 each 300 ' _ . for each 8;301-400 additional. males ZO0 males .. and 1 for,-- - • , - ,. each. 150 ' - females ,� a • . Restaurants' ' 1:1-50 1:1-50 1 per 100 males ' 1 for each.2 water which do not ` 2:51-150 2:51--100 ' ' closets or urinals ' serve alcohol 3:151-300. ' 3:301-175 - • 4:176-300 - - Over 300, add 1 fixture A per 200 additional - persons Schools' - for ,t • • student use- 1:1-25 1:1-25 1 per 75' Nursery 1:1-20 ` 1;1-20 2:26-50 2:26-50 • 2:21-50 2:21-50 Over 50, add I fixture- . Over 50, add- 1 fixture each additional.'50 for each additional 5(1 = , ' Persons " persons , Elementary 1 per 30 1 per 25 1 per 75 males 1 per 35 • 1 per 35 1 per 75 , { Secondary 1 per 40 1.per 30 1 per 35 males 1 per 40 1.per 40 1 per 75 Others (colleges) 1 per 40 "3 per 30 , Y per 35 males 1 per 40 1 Per 40 1 per 75 ;universities, etc.) ' , ' Worship Places - Educational b , 3 per 250 1 per 125 1 per 250 ' 1 for each:2 water 1 per 75 activities unit closets or urinals : Principal 1 per 300 1 per 150 1 per 300 1 for each 2 water 1 Der 75 1 assembly place. ' - closets or urinals 1740 54 10 Tads SA plumene inspector tarn to the per proor mount SECTION NQ PERNREE- I pram umwham prided;one(1)water closet lessNanPredation a any work governed by Ma chapter.either Pony A. Ori/a pe,edn IRMO a uMd master dune's bans* , the number speckled may be provided for each win'natation'. may appeal to teGrievana Bon which shall pass judgment Issued M at Cy a law Cly my Oder is Mere to [ I end a at waw de m such cases shall'not be on that meter If.a plumber on Ire board a naive,M tweek repaired performrepairedy hot ed bs Nude,eats/a fins I reduced to less than shown ere (s)a thepon one(lrrl xIure bang d. disp te.M e other members d the Board Mal appeal an provided M IM j 1. I1. TM figures ere based apes one(1)thine ben«nate qualified mast arplumbxwhpis an Odder of Meaty B A pern mw be Rauedlo to owner of an eatahg endsingle- I the Mewediequiredlar the mer d persons Indicated IOWA ale. at twat 10 ad In his stead Appeals shad be in free/thong.*MO a'awnerec tSd pursue to a 4 any aaatoriel n accordance atm Me procedures so forth In Me Iowa Cry Wad manta d gd Occupancy and used eravee for 1 12. Building etegda not shown co the table shall be SECTION rN i-Gore(own Mum pg. resMlaalal.PurinsaR to.do ay work toned try title i considered separately y by the,Administrative At„dy: SECTION 6112 LICENSES. atlas in opined on wins Mid dwallltg end eusaay 1 s DrtJIMNY fountainsoOne(I)m trailed In tela coma. A No hereon anal undertake«filer to undertake to plan buildings. TM owner mW personally pinion W {4. tuner/repines.One(t)lelsnw waw standpipe for lot lay out,supervise,p perform.plumbing work'Mb or. Meta and PNorm a"labor moonnecon thereat Au wdlmpartm unit for angle e(1) OC dodo Fpr muni- w'sout compensellon with*Iowa Ckyonless with person work see coin wan that ane. NM*apenava Cr nowt onee(1)standpipe for each Ion Mall have obtained a manor pumpers mom,from ma C. A peon may bessuedto the holder of awed sat- end It%apartments ewe,.hwbn'Maw. KaMn:anks One. Cm. waver service installer's lipetea l,.the Naeem d a (I)bread awaiting ung B. No porn shallWed es a jouneyman plumber.win the Wilding other and wale,Mahone any. ' I • 6 As nein by ANSIi24.I-del SMgaloM dada s:d pug Cory until apt'person Mhave Obtanede townsman SECTION B.111B.1114.IAPPIJCATION FOP Prater. EmPbrrmafi. Plumber's*cense from the 0ly. On an aPWkam tarn pond M ate CNt,the eppwanit ' S Tvmry4au(24)lineal inches d wash sink d,.eighteen C. No person shat wait es a swim end water melee shall dawn the wort proposed to be rt the baton, (18)Inches ofa circular basi Provided with water treaty sten me Cm urrW.WM:person shag ovhecy ham rship,Pennan ,and rte tithe premises The plumbing ii odds W sunsed,spMill be be co Considered Kenn to obtained a sewer and wales sewn*weer*Marta ebpador may requite pPt,NOPEN OM.dr"Pmgs pad elide, , one(t)lavatory. D. No person shell Nroanngy employ or /meth my ether MfortNnsnMai lw/ahe deems necessary.Pt se pluncang •T. Genas. In applying ma eclledole d-tackles, unlicensed eerier to paten purling watt requiring a kwPa'W led me°MOM from the IdoneaMn furnish',tat n Wakl • reratim meat be given to tho accessibility of the license within Iowa sty. teeapplican re in compliance WOOS mica.hash*aWYsue nouns Colony iy.puna/M a ramerical bass May not m mw max bee properly Nunes plums,present at es Mt peons'upon payment d the regaled fee. I issue In en Installation Wiled to the Medd one Matta locabrt vdiere pwnbbg wok's Epnp petcymed t W 0.S Nm"monPER perms Mans raphe tl.Ona van ' awabnet l es example, Ilor having be srooms limb. Aee apprentices one to ed plumbereanbe pbernfor lime sed s re Comarsnaed elan 1110 days.NW I 1 who tela lodes on.each hone, I)wat classrooms sway mfae sppaasee a laborers. 7 one Temporary working facilites One(1).wee dOSst end issuance«RIM work anatrgltad 4e suspended I«w ' one(I)unna for each hely(30)persons. SECTION 6nT1 APPLICATION. ' per=of 100 days Por to mesmerbn d av11k,a new a Surrounding materials.Wats and floor loa pow two(2)' Any pawn or kkd by fhb a dinarce to possess a license panty mud Maned.aned. The renewal lea shin ns be o -. Beer In front d a urinal hp and tour(4)feet above me new Jo,umbag work Mens Make.application to the Board of i nal of the onina fen provided no degas het been andel least two(2)leer to each side d"h unmet shall be Examiners aRubbers male M the plans end specifications and theatpeftion Ilhed with nari apwm«a ioNal. SECTIONS-174.lee Mr Made FEES, did lid'exceed pit year b. Trough urinals era prdibged. The donde°leer made parsons MPito OF a°ad. B The issuance a permn ahat.not be construed as a waver B. A restaurants defined es a busing which sells food to tar darn, ask Mall t e6eblaied by renninof COUnei a any of me promos g Ma.Nide. h she not prevent be consumed on the promisee - and snap not be refunded the,plumtng Irspe:0i horn oequuing Ms COnMam or a Theodor crogcupanb nanbebin tepatasl shall be'. SECT/Ord tT6. 1nENINNGSTANDmD& errors Of from preventing construction in dodo et Me ,.considered as aqua to s e rather d parking stela. The Board a Examiners ands Roe Mamas pursuant to the .ordinance or horn revoking any pent Issued N and. b Employee tale facades ere not to be Included M the A. aster plumber's C. Display. ma pen and the approved pane or abweralawast tequkemerns. eland welding Relics A p Master plumbersense Said be Sued b,every apadlictbbs OWL el 65 Owe beevalable et thebcalon : para«r who demonstrates atMagay c«hpabn e,One a the work permitted thereby must be available hi gum dory be:empbyses 8. ThereMallbeemiIn minimum theatre, Nunn per sueetll the passes abe,NnddalanymmpM°17FMN SECTION Slot INSURANCE. occupied floor In schools, Ibes. euaYodums. succeededooEnnisme meMnstm conducted the nose Betas atmN 1p perform plwnbugettkmsy bebauad,me r Wholesale nlretilsoreswnh dkga Bshad eelbyrwsaond Plumbers. Ttts les Por the nose epaycaee tint Nye on Mews ma the ting WAS, a copy I Wndes0leeed MO stores whoNoccupant raonn badplea A shall sr umb_cy dense shent. d e htate d insurance stating the McMhy almsd no I mm lW need not prone peed as follows: S p s o d numbds b-ae shin be keel n every has then three hundred thousand Win s(S3OQ00%pOPat I ) Worm rape)d amended llread a follows; person wMdemasMd.48 engin coMrecce on d bur damage and In hundred thousandn dollars(5503c )bony ' I w entred aid temp dtllbed mo coat cast Son, anNeatabtapasbigemapp end numoalm injury Thee p al awe Day MN be named as an aly(30) 'W gahanbed eel,or other Bram ovedmate wrought ipe. an sehthe °X tl plumbing oanpeM and eu-Board l01 insured. The pat/abate by oracle for w leastfthiiy(30) bed solders and ofaha.appaedore than 02 percent passes the almbers. conducted foie the Board d:days torics by the htsurmto litumbing aly of pormna acnempo'y Mt eeidwe flux containing more Inxn 02 ppcem ant by are p Plumbers. T„lee for the license shat a by1M sea red a Insurer. plumbing pemtna.issued war Nati shall not be used: Many potable water:system Set byresolution and np Council: Senn 8-182(8)d mus ordinance shall be esemped.hern NM Asbaaoscement CPVC, pg, PE.of PVC'war pipe, C. A sewer and water service Mwalleea,license stall be Insurance'tequhement, manufacturedstalerto repgmted atald-de may be used l« Issued to every person who aBoatd llty passes the SECTION'S-10F, PERMIT AND INSPECTION FEES I I Old water distriwlee systems ends a'Outing. All examination conducted by the Board d Examiners a fl alp rants shit pall ort pecpeifame ardInspdion Me I mrelale:used M the water appy steam mexcept escep Plumbers. Ilse fee KK,me dna aha be w by as established W tespgnbn of Council. n I and Senn devices.shah be d a Me mammal,scot resolutionTIOG l Councb; Ary person who cannon work Odom Obtaining a pent wweet„wiae approved bythe Admosuama&*morn•. SECTIONoc]6.tne niaO iumLICENSES.win slue be„noon dotideIn linins*ns/Me ders«Ybtes to , Sectbn 1105 s mended by adding thetongShah sentence: A AreClpora)atneyman pkmbdebabetSaWd atsladton d1M Pkundag Mtped«Ma AaleN t to et Konen=Plumber and tams a current end rad The mnimum the a'erty building owes.Mall be Nur(4) - journeyman plu bora lone in any other city M lows erretga'cY' I uoa®, withdn W ung mo e e ,M at d Ne dbmn9�dsAIonp SECTION Stall DISPEL WNS , DELETIONS: The bswdnSo adopted .the 1950 EMglon d ars Met: Me ate M the duty or No person ndoing my wor.ataored 'the Uniform PWmgng COde adopted by:Section&161 of this 1. The license must have East abla'v-ad tin a ac aspufy by set perrsA b nod,Ms Pinang «int wt e t I Ctpler ata er ems dekned caning an clam Eeaed on mR„awn'miming camreay Id.a&eSoti n S. * '24 hours land*me ma e I Se I.n 310c). 2, The applicant must demonstrate a sat bur years to be Inspected. ' Season 310(c): mpwbora aeeMe sloumayrrel«eppenllap«Mer ata be pit day p Maperatn doing die work'autn«vsd. I SectionTIN B.is . 3. TIw city from which the applicant's cistern license was W ort peme b awe*pe the Ikon wt Wla me lest i t SECTION 6163 AOE FLOOR DRAIN. ewlbed beNrs ono nWlmaion f Garages and other enures teethehousing,sere orapair sword must agree nibets the same courtesy to Iowa Pn Newark �dies be dor concealed In any manner Store of atano .and the commerwiwabinga repairing d ' Ca)•cNumedmillONvocaiWhichbe aped t ode epPMratm far the kale°and SECTION 6tmm PLUMBING WSPECTOR.. ,wooded wen a props means for draining me floors repair per.a aamintmbes. A. Duet "Mm be.Ms duyat MR numbing Inspect r10 els so tete enodrainage meal approach shall Mar over any prep. B aOnlyny oherecipocallaumeymensMa'gBalibeaaued b administer end enforce the prwnphe a the whet er/0 I i en.aderraIs;b Pavement de approach.Such awns 15 be so C Norma plumbers dense Men be:esuep until me and swaMnotices.Parma'and Raman pas upN all r abets sed oto have a deyide to,catching sand s t or other neater the examination plans WOmmed.andNapoNtpNu rens dew opus sea.shall have a seal depth d:�lava not six(6)Inches byapplicant work petphed in accordancewet me pwbbtLsat aim , ,pave lit wand receiver;and the cyder shall not be staler man by the lora Cay Board ol M%anhlers d Plumlbns article f a bur(4)km connection. All mater pr used for vents and 0. NO Sewer and waw soma.I MMO a deny abed be B. Rgln at„mi.T„Wmtbmg loping,.awll cavy piper I I wave Mee shin canon with the of other hereof.The ' Issued until the aby ICadthe Iowa City Passed Me credetuas and „at:upon pesentatin a tar hap Nue be constructed d cast n accessible or harp burned eternization goateyme Iowa City.Boad a Examiners et daNaha Wntn9 buwilese hilus Irys pia dpa 01 e,wv : •bnck'sA M mortar min an acce lne neon aver..Any Plumbers, lolnsped wl dMgings and ptemaa m m,peilormance i paced business where gasoline benzine,.naphtha orother . SECTION8.177.who REfarts ans M s,the -(S. d nether • a dwle t spatia orcins ds are used or kept shall be My person who fab no pass me:here/ma,p master G Sbpp4 g w«k Whenever In Ilia opnIon Cl IM plumbing r,.provided ease spent drains in me samemanner as those rd4EtYsaraduMlm mry DOPY forte person aden t Me Md Mpe<yythe con-mance ofplumbmg wOdsODnraylo r 'requiredforgarages. ctor drains andirons must be approved' he scheduled sea ceSwinanen Any who lane to pass public welfare by reason g defective of Illegal work in by the pluN8-lBSpector. the sewer end water woke Nees„exPmation must wen a vmmon d a poison etms Nda,„ISM may cyder. SECTIONS-1W.CONNECTIONS TO THEnUBIIC SEWER minimum of 3p days bete nesting, • dinar°miry ormwing all fanner work.lava stopped Unless special aras permission t endorsed on perma.the 'SECTIONens* Maine pr are may require suepereond work until CM ninon in lundon'pews,slants oreyes which lasso been ben Imo the Every dense which Main p air teen revoked shalt violation has Wen remedied Ary oral ardor stall be sewer Minna congruedr mud be used for connecting.all. expire on December,31 d each year Renewal lase shall as cordrmsd m waig. : 'ovate sawn or hate drains. established bpCouncilAny Stenos and las expired may be D. Excavaon& Al excavations made for the pupate of 1 mal cased the trend must„e ample yAd h at the pens al reinstated Whin.say days and the epeont fee to upon leyhgwater pipes or sewage nom me propend line to the , connection and all rubbish removed for purpose of inspection: paymNt 0 anaMepna tetnllarreyday peln/ee An the buitng tine shall be under mednedionand supjea to the and the aeons exception nce 04 junction ppee.want,Or Wye. expiation of aforementioned.a day paned,no license approval of the plumbing Inspector 'must„made in l he cover or the planing Inspector or Eo *ball be renewed except teen ION. main. SECTION 6120. VIOLATIONS. . should o agent me cover on the wye branch on the sewer SECTION 6119. REVOCATION A Notices should be carefully removed In order to prevent mNry tote A The Board en consocketor by them n the iia ate hddae show Joanna ry condnbn oasts or that any.conch=or or ,sewer,the seoerr.Ulbe tapped by Meaty.The stpdeed Incompetency or lackoffor if ins nose.was work regulated by Ma article ts dangerous•,unsafe, 'of Paikar (:Odra shall be nTh ed as soon minb discovered obtained by fraud, pip canbaal eas(on d any unsanitary a nuisance.ora Menete to Me,health,d , that a tap urn be necessary. The excsvaign shall be property sections&this code.licensee we not trwtlerrable.The , popery,or dhawse M violation of this Ode,he/she prepared by me plumber and the sewer man complete* lending er any Ilene or the obaedg'd / mitscause. may orally or In'wrnkng order the person responsible , covers. A nay crewrit then make the lap and install a thereunder f,.arty other person shad be deemed cause Nereid dining disco rt:anceg such illegal action and ; sewer saddle fa Me wingtplumber to connect fat ocaliotion. _ the remedying of aninonwhut b In violation a the i The excavation showing the cannons nsp shall be kept 6. lasvoiae n theushall nse a Only Mee the plumbing inspects oro masons of Id a nide by the plumber until Me plumbing inspector has bean notified. has given the weave oaten notice and M opportunity Z: perusal or„um to prcmply cony ata/and order shat • SECTIONS 6165-8-170. RESERVED. for an administrative straHe hearing adore the GnevanCe Board be cdtslowed a vioebn at this article. i DIVISION 2. ADMINISTRATION'AND ENFORCEMENT. ‘ Sud:notice and Mann shall be conducted o p«suam to a n me piper a n complied wan,foe plumbing Inspector SECTION 61)1.'BOARD OF EXAMINERS. the/rowans d the CM'e Admintratw Code(Chaplet May request tit-the Ciy Attorney lnsttute an appropriate : 2 Artlde IX Of the Cm Cade of neon, A Creation. Tale is hereby established a Bead g proceeding al law or in equity to restrain, edean,.pn IG nbnsesfevtSedfor any reason another license shall Examine p.Plumbers a for the CM of Iowa P CM remove such violation. 18 Memberof four The Board w Examiners plumber stn nota sued for A had 12MentheMd revocation B Violators The owner oi.a structure or.prosaic where Mayor flour memaes who shall be Council, sed by the SECTION t plu iInACTIns Lmay be. anything n violation o1 this ante Man mitt and and be a n ale the mbar,one shall of thebe C :Council,ons Mall Any Cunent plumbing licence may b clasped astnactye orn tet my -thaw.lamer,cpnren«,ages,/endo pix lane twoshell repreeves epweepm9n plumber;are innIonianholdra petdd to dote InesOmbeddied,,nse empbyad In connection dwreweh who may have assisted 1 end two shell be represarnat ting h the:public who are as cur,holder s pamMed maintainInnerplumbing license la the torTMliMiCa orS Ch,J91tm spellbound,gutty Of t , quelled by experience and training l0 pass upon maters as coned Op even not be Permitted,Walt-n abgmbmg perm" 9apaMe 011ppB. , ' penanirg to the plumbing trade and interpretations Vibe not atom fi ney Perdido in the plumbing trade-nine SECTION&191, PENALTIES. gum pentei A chairman shall be elected unman* Cay paymentThoft se may beeeeelwtedtheyea threeMare3).Years upas Ary viaeon g the prwldnas9 d mla anise MW 0q ' from the appointed;members. The plumbing inspector been d the full license fee for trial Yea Ater a lianas has considered a ample misdemeanor Cr Mu/WOO/Merron as been desslm name I«mite f3)yea6 Or man,er has Stall De en BM too nwmar a.erns serve as sashall WM Previnfl reactivated Mcw a radvdion dam snag be Pre. M altar Dndpe 101 ba.COa Or Sone On b the Bode.Allappointedelectors e Members of Io d CfthBoard shad tegored, The fee for an Sldya Naha SRO he w ply be qualified iteout c et the thy i Iowa'Cny;Iowa end resolution a Cond. SECTION 6. . REPEALER: M adinanca and pan:0t a scowl servewithoutwmpenwbrt SECTION6181..PERMITREQUINFJ): ordinances in conte wild hon provsIons d thsOrdiance ate , C. Terms. The term d not for each atoned member A n shall be unlaMul for and person to Instal,remora;Ner, hereby repeated snail be r to more no*//aimed member.*hal'be r «cause b be Y tolled rpnoyed. SECTION T. SFVERABIL117,n any melons.pron on or PN append tO than two ice on ternieI t the reps, replace of the Ordnance shad be adjydgMM. to be Imaid or Burd. All terms snail commence January 1 ane tiered, repaired, re replaced any or water gas or une0ltlatidnal,such adjudication slid not decline ectthevalitlMd • yead appddmos. Thew rummembersor et land Board et era nage pipiig woo a am nature en wawa wshoheating o[ the Ordinance as a whole or any swbn provisionor pal Examiners shall constitute aouorumise the transaction of treating equipment In a tie Mgorpenaas wMoul first thereci of adjudged Invalid or:ueawntntronsl. eft business. A ng a permit nom I„plumbing each structure. f• SECTION 6 EFFECTIVE DATE This Ordinance shall be In 0.' Utes It Man be the dory of the Board of Examiners to B A separater pen Mall'be doted for each ctureeffect cher M14 NO passage appwa.Nd publication'a n memneeach theran1da desiringengagein rathe woke C. Permits we required Inner to make connections with required by law parting,whether as emazrer Plumb« alOUmwymdn public 6ewere aMwllbesdued asry WON tbe pumdrg P d end approved wa 2(ot day of August. , aline premises to be connected b n romp ante wiib ma Bondsas a levies ptweer es Ir pr, Tt }9 • Board shall examine send nd tats as m theote practical moutonsrriee this article ) -J /Y knowledged.plumbing,end"an appnam demonstrates 0 No emcee shall allow any.person not in thione¢emPby „/, L..fav _C;lit l tuna competency taamn the Board shall Issue a to door Ouse to done and wad under a perm". N - . I I license immersing the applicant to engage In the work of SECTION 6192. WORK NOT REQUIRING A Pr work. 1 plumdmg No permit shall be required for metuiowng repair were.tea ) t/ '/ stopping of lets in&EMS a sola;Wal@«von pipes,and the ATTEST: 7114 N it i.t. fi Ido m) I The Booed d Eamints except the pureeing inspector, claming or stoppagos In pees,yaws or taus kowewr It Cult RK n Maul also serve a a wen a m Board. Snout airy nbddnw ndeasary to rest e.repxa vir reninge arypan. I disagreement arise between a mater number and the "Mal be Considered new who which requires a peima. 03207 August 29,i� .; ORDINANCE NO. 90-3474 AN ORDINANCE AMENDING CHAPTER 33, ENTITLED 'UTILITIES,'OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA,BY AMENDING SECTIONS 33-45(h),33-134, 33-137 AND 33-149(a) THEREIN TO, RESPECTIVELY, ESTABLISH A CHARGE FOR UNMETERED USE OF THE PUBUC SEWER SYSTEM, ADD SHUTOFF REQUIREMENT, AMEND APPROVED MATERIALS AND AMEND CONDUIT REQUIREMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 33, 'Utilities,' of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Sections 33-45(h),33-134,33-137 and 33-149(a),and adopting in lieu thereof new sections to read as follows: Sec. 33-45(h). Water discharged Into system from private source. If any person shall discharge water into the city sanitary sewer system from private wells or other sources other than the city water system, the city shall have the right to install a meter at the owner's expense or subcontract the installation of a meter at the owner' expense, to measure such flow or to use whatever means are satisfactory to the owner and the city to measure such flow for the purpose of determining sewage treatment charges. For any time period before the installation of a meter to measure the flow of water from a private well or other source, where such flow of water is discharged into the public sewer system, the city shall charge a minimum fee appropriate to the user as set forth in the schedule of fees, Section 32.1-73. Sec. 33-134. Service pipes. (a) Installation. All service pipes and fixtures from the street water main to the premises, including the corporation cock, shall be installed at the expense of the owner. (b) Size. All new service pipes from the main to and including the stop box shall be at least one inch in diameter. All pipes requiring a service larger than two (2) inches shall be made with a tapping sleeve and a cast iron gate valve a minimum of four (4) inches in size; and a roadway valve box of a design approved by the department of public works shall also be installed. Exception: Existing three-fourths inch services may be replaced with a three-fourths inch diameter service upon approval of the department of public works. (c) Shutoff installation. The stop box on every service must be flush with the surrounding ground or surface, be visible from the sidewalk, and be of a design and in a location approved by the department of public works. (d) Extension. After a service connection has been laid, no person shall make any attachment or connection to such service connection in order to serve any other premises or buildings than those set forth in the original application for service. Ordinance No. 90-3474 Page 2 (e) Shutoff required. An outside stop box shall be provided for each Individual building or premise. For a building or dwelling where there are or will be multiple metered services, an individual shutoff valve or stop box shall be provided for each Individual metered service with the valve located In a place which is accessible to the department of public works during normal working hours. Sec. 33-137. Service materials,joints. (a) All service pipes from the street water main to the curb box shall be of Type K copper, cast Iron, or other approved material. All services from the street main shall be carried to the curb stop at an angle of ninety (90) degrees with the street curbline and shall be at least five(5) feet deep. (b) The number of Joints in the service pipe shall be kept to a minimum. Sec. 33-149. Required metering of water use. (a) Requirements for installation of water meters. All water furnished to the consumers shall be metered unless provided otherwise by ordinance. All meters and remote meter readers shall be furnished by the department of public works, but owner must provide a suitable location and piping system for same. The owner shall be responsible for procuring the installation of each meter furnished by the city on all new construction or remodel work, which installation shah be performed by a licensed plumber under a plumbing permit issued pursuant to Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. On new construction, the meter(s) shall be installed at the same time as, or no later than the installation of, the plumbing fixtures. The meter(s) shall be installed in a location which provides the same access and working space which is required for water heaters, as provided in Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa. The supply or 'in' side of the piping and valving shall be marked with a tag at the meter location. The owner shall provide and install wire for a remote meter reader. For multiple meter settings, the owner shall label the individual wires to correspond to the proper meter inside. The meter and wire installation must comply with city specifications. Upon completion of the installation of the meter(s) and related piping, the owner, or the owners plumbing contractor or authorized agent, shall arrange, by appointment,for a field test and verification that each meter and meter reader is operating properly. The public works department(water division)will meet with the owner,or the owners plumbing contractor or authorized agent to verify that the installation is correct and to install the account number. Piping systems shall be so constructed and the meters so placed that all water to be used in or about the premises shall pass through the water meter(s). The owner shall be responsible for compliance with this provision and shall be liable for payment of water used in violation hereof. A meter deposit, in the amount set forth in the schedule of fees, section 32.1-73, will be required for each meter provided by the city. Upon proper completion of the a9 Ordinance No. 90-3474 Page 3 installation of the meter, a refund will be given to the person making the deposit. (b) Requirements for Installation of a second meter. A second meter is any meter which measures water use which does not discharge into the City's sanitary sewer system or require treatment at the sewage treatment plant, such as Irrigation, air conditioning, swimming pools or the like. A property owner with an existing water service account may apply to the public works department (water division) for a second meter. If the finance department determines that such property is eligible for installation of a second meter,the meter will be provided to the property owner, or the owners plumbing contractor or authorized agent,upon payment of a non-refundable second meter fee, as set forth In the schedule of fees,section 32.1-73,and upon payment of the meter deposit as provided in (a) above. A second meter, like the primary meter, must be valved on both the inlet and outlet sides. The second meter shall be installed with a backflow preventer valve on the outlet if the plumbing does not already include these valves on all hose bibs connected to the meter. A second meter must be installed in compliance with all other requirements set forth In (a) above. A second meter shall not be removed temporarily from service during winter months. To properly remove a second meter,the plumbing must be physically restored so that no jumper may be installed. SECTION II. SEVERABILITY. If any provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this ordinance which are severable from said unlawful provisions, shall be and remain in full force and effect,the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: 1. Ordinance No. 81-3021, Art. IV, §1-8, 5-5-81. 2. Ordinance No. 86-3290, §3, 6-17-86. 3. Ordinance No. 87-3341, §1, 9-8-87. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and publication as by law required, but not before September 1, 1990. Passed and approved this 21st day of August, 199`x. I OG-1 (`frit •ATTEST: S,. . - . i CITY CLE•K Ap roved •Y 40/- City City Attorney's Office 741 9d It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney x Horowitz x Kubby x Larson McDonald x Novick First Consideration 8/7/90 Vote for passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 8/29/90 Moved by Courtney, seconded by Horowitz, 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, Courtney, Horowitz, Larson, McDonald, Novick. Nays: None. Absent: Kubby. • CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIIY, 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. 90-3474 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of August , 1990 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on ' the 29th day of August , 1990 Dated at Iowa City, Iowa, this 27th day of September ,19 90 . \� z, wizen / . Ramddna Parrott, Deputy City Clerk OFFICIAL PUBLICATION / i� ORDINANCE NO. 40-34 v. "G'( AN ORDINANCE AMENDING CHAPTER 33. ENTITLED (TIUTIES,OF THE CODE OF ORDINANCES OFTHECITYOF IOWA CITY,IOWA.BY AMENDING SECTIONS 334$h),33434, 33137 AND 33-149(t) THEREIN TO, RESPECTIVELY. ESTABLISH A CHARGE FOR UNMETERED OSE OF THE PUBLIC SEWER SYSTEM,ADD SHUTOFF REQUIREMENT. VEND APPROVED MATERIALS AND AMEND CONDUIT REQUIREMENT. BE IT ORDAINED BY THE CT•COUNCIL OF THE CITY OF IOWA CITY.IOWA. SEC ICON I. That Chapter 33, 'UI11Nes; N the Code IN rtl0 inane s Of Me City of Iowa City.Iowa.be,and the same 5 hereby amended by repealing Section 3345(n),33,134,33-137 and33-149(a),and adopting In lieu thereof newsectiwslo read es follows: Sec.3345(h). Water discharged Into system from private source. 1 any person shall discharge water into the city sanitary • sewer system from Ornate weld of Other sources other • than the iity,water system,the city stall nave the right to �//J� Y natal a molar at the owner's expense gtsrlbcoMreCf Na Printer's fee installation ore meter at the comer expense,to measure such now orto use whatever means are sali5tactory to the owner and the dry*measure such flow for the purpose of CERTIFICATE OF PUBLICATION • determining sewage treatment charges . For any tame period before the mstallalion alta meter to STATE OF IOWA,Johnson County, ss: ▪ mea:era the Cow of water from a prrvae well or other source,where such flow of wateris discharged into the - THE IOWA CITY PRESS-CITIZEN public sewer system,Ihecty Shall charged minimum fee appropriate to the user as loth in the schedule of fees, Section 34.193. Sec.33-134. Service.pipes. • (a)lnstallalron. All sauce pipes end salutes from the - street water main lathe premises.mcNding the corporation Cook shall be installed at the expense of the owner. I 1 (b) Size All new Service pipes from them n to and A Including Me slop boX shall be at least one inch in Carol Barr, being duly sworn, say that I diameter Alpipes.!soutane s service Weer than two(2) am the legal clerk of the IOWA CITY inches shall be made with atapping sweveand acasturan gate valvea minimum of lour(4)inches In size:and a PRESS-CITIZEN, a newspaper ,obdlvayvaN°boa of adesrgnepwovedby thedeparlment of d public works shall also be installed. published in said county, and that a Exceplion. Ewseng threelooths inch services may be notice, a printed copy of which is hereto replaced with amlae-latlmumchdiammerservice upon approval 01 the depanlliele of puesc works Shiorl inetallallb The slopbox en every service attaC ed, was published in said paper must st be flush with the rrounding groove or surface,be _ ___ time(s), on the following v ole bong the sidewalk,and be eta design and in a location approVed by the department of public works. CI ate(S': (d)Extension.Atter a service connection ban been raid, �� no person shall make any ahacmr tot.or ion to G� ?Clawa. ` �, • such service tongs ha in Order seto serve any other o—E%w-' j''Ij Or or bulttlm9 man Mose set tort in the on nal N applcalon fa service ,t (e) Shutoff required. An outside stop box shall be �aa p Ov Oed b each aids/duet bunting or premise For a • Lauding (Melling wherethere are orwill be multiple -4—� J��J melded rvices,an tl d I shutoff v re slop bo shall ary provided for each meteredservice Wit the valve located in a place which e accessible to the Leal Clerk depanmentof public works during normal working hours. Legal Sec.33-137. Service materials.Pieta. (a) All service pipes from the street water man to the curb box shall be of Type K copper.cast tan or Other Subscrib and sworn to before me 4 approved matenai.Ai services from the sleet main shall be carried to the curb stop at an angle of ninety(90) degrees with rho strenc bhno and shall be al least five(5) I 7-� ( tan deep this re. day of —, A.L. ..1 (0)The number of olnis In the service pipe shall be kept ^ to a minimum •' Sec.33-149. . Requl ed metering of water use 9 (a) wsninstallation ll al meters. All l l We1 eedsh the consumers shall be metered teSs IVa v �� ' provided°thonanpe All metersncl: mol meta Feeders shall bo furnished by 1w department Public Works,but owner must provide a sunabl9 location and toping system for same. tine owner shall be co Notary Public t I( resp ole for praiC n9 the installation of each meter furnished by the try on at new construction or remodel !et: w e' SHARON Cat l work which inealla on shall be performed by a licensed SNarxN�J,UB� plumber under'e pymbhg permit issued pursuant tO • Chapter e of Iha Code of old nances of the Coy'at.tows TTTGry Iowa On new construction,the erer(s)shall be •--. - _ - mstaned al the same lime as. or no later man the x insmllahoo of,the plumbing fixtures The meter(s)shell e Installed in a location winch provides the Same access and working space which Is required for water heaters. as t �� provided In Chaplet a of he Code of Ordinances of the Coy of Iowa Cry.Iowa. The soppy or ire side of the Pipng and walling snail be marked wnh atag at the meter location The owner she!!provide and install wee for a umde muter reaper. For multiple meter settings, the own^.r shall label he Indvictual Wiles to correspond to the • props meter inside. The meter and wiretnsfaeation must comply win city.specatcmons. Uponcomplollod of the installation of the meter(s)and related piping, the owner, or the owners plumbing contractor or authorized agent. shall arrange, by appointment,for afield test and vent'Cation mal each meter and meter reader a operating propery.Tho pubic works depadmem(water dalslgn)will meet with the owner,or the owners plumbing contractor or authorized agent to.verity "I that the ineisilalion is Contact and 10 install Ole account number Piping systems shall be so constructed and the meters so paced ictal allmaler to be used in or about the premises '. Shah pass through the water maer(s) The owner shall be , responsleie Ion compliance with this provision andsnarl be uabm ton payment of wafer used In viaalron hereof. • A meter depOSllin the amount sot forth in the schedule of lees,sett On 32 173.will be required to each meter provided by me city Upon proper completion of the g , 1p _ r7- 0 lnsteffaion of Me ureter,-a'refund will be Even to the person making the depose. Ib) RequiremRnts-brinsta!lalton on a second melee. A second meter is any meter which m[W5wes nee use II which does not discharge into me Cryo Sanitary sewer system or require treatment at rho sewage treatment plant, • such as irrigation air conditioning.swimming pools or the. Ile like. lel A property owner with an evisung water service account may an-pry to the public works department(water dielsion) ti" for second meter.fn ihe.lrrnanoe.department determines that sucR property a eligible for irstailal!oe Of a Second t✓ meter,the motel will be provided to me piopemy 9wner,on Ina owners plumbing contractor or authorized agent,upon IL, payment of a non tefdnoable second moterfee as set fonts n the schedule l fees,section 92173 and upon payment Of the meter deposit as provided in(a)above. lei A second.meter.like the,pdmary metermust be valved f on both the inlet and outlet sides The second meter shat • to iredtlpd with a backflow prenentel valve on the outlet it • .the plumbing does not a'ready include those valves on all .II Tose.bibs connected to the meter A second meter must be.lealalled in compliance.Whh all other requirements Set IA torah in(a)above. y, • A second meter shall not be removed temporarily from tr 'service during Ater months. To properly remove a Irl second meter,the plumbing must be physically restoredso nkat no Jumper may be installed 'k NOTION II. SEVE9_ABILITY. If any provisions of fa 1.Oreinance are for any reason declared illegal or vod,men the IMwtul provisions of this ordinance which are severablefrom as d unlawful provisions. r shall'.be and remain in tall foe and htffeft the same es lithe Ordinance contained no illegal oirvgid 'provsrons. I SECTION III.REPEALER.AllErdinences or pans of Ordinances -In conflict with the provisions of this Ordinance are hereby I • (repeated. These are: 7. Oideence No.81-3021.Al-IV.§1.8.5-581. - I. 2. Ordinance No.863290..§3J6V-S6. 3. Ordinance No.87 3311,§C 98.87. SECTION IV. EFFECTIVE DATE. This.Ominance shall be in force and ehect from and after its final passage and ped'cation as by law required.Am not bblore September 1,1990. Passed and approved this 21st 1 Is ut August., 11)9 / r• Oq ,ATTEST. )i62 I.//7 At.-. fi . %A LAI CITY CLERK 7751 AugusT29,1990 .)1._ ORDINANCE NO. 90-3475 AN ORDINANCE AMENDING CHAPTER 22, ENTITLED 'MANUFACTURED HOUSING PARKS,' OF THE CODE OF ORDINANCES OF THE CRY OF IOWA CITY, IOWA, BY AMENDING SECTION 22-36(b)RESERVED,THEREIN TO ADD REGULATIONS FOR PUBLIC UTILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 22 of the Code of Ordinances of the City of Iowa City, Iowa, be,and the same Is hereby amended by repealing Section 22-36(b),thereof, and adopting in lieu thereof a new section to read as follows: Sec. 22-36. Utilities. (b) Public Utilities. (1) Sanitary sewers. As set forth in Chapter 33, Article II, Sewers and Sewage Disposal. (2) Water systems. As set forth in Chapter 33, Article V, Water. SECTION II. SEVERABILITY. If any provisions of this Ordinance are for any reason declared Illegal or void, then the lawful provisions of this ordinance which are severable from said unlawful provisions, shall be and remain in full force and effect,the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: 1. Ordinance No. 82-3081, §2, 9-28-82. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and publication as by law required, but not before September 1, 1990. Passed and approved this 21st day of August, 199 /4,---. Cg7-.e-r--e--62 deer OR ATTEST: ) i. d- i CITY CLERK Appro . .y ' i • City ttorney's Office 7/26/Ic It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 8/7/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration ---- Vote for Passage: Date published 8/29/90 Moved by Courtney, 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: Horowitz, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: Kubby. n CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIIY, 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. 90-3475 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of August , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2gth day of August , 19 90 Dated at Iowa City, Iowa, this 27th day of September ,1990 Ram na Parrott, Deputy City Clerk Printer's fee -fail CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS-CITIZEN OFFICIAL PUBLICATION ORDINANCE NO. 90-34 75 AN ORDINANCE AMENDING CHAPTER 22. ENTTTI.ED I 'MANUFACTURED HOUSING PARKS,'OF THE CODE OF ORDINANCES Of THE CITY OF IOWA CITY..IOWA, BY Carol Barr, being duly sworn, say that I auENDNa T N -36(b`RESERVED,THEREINTOADD am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper DEITO IOWE y D BY THE CITY COUNCIL OF THE CITY OF IOWApublished in said county, and that a ToThatCI+apl.rnatheCowaordinanc«an» notice, a printed copy of which is hereto City drowa Cay,leers.be,and the WV le hereby amended by repealing$e*On 22-36(b).owed.and adoptng in lieu thrid attached, was published in said paper a new section to read as follows ___4___ time(s), on the following bei.it",.‘ INllala,(b) MScUlanwa 1:1) Bannay sewers M IS form in Chaps 33, datels): Article Il,Sewers and Sewage Disposal aileeka, (2) Wate!eyslems As sr forth M Chapter 33,•^ % /° Article V,Water (/ !�•/ TION 11, SEVERABILITY. ft any pfplf%rad d the1 rdnance are for any reason declared INega1 Of void,tnen Ina lawful prousrone Of!Ms ordnance whwh are aevereble horn said unlawful provreforrs,shall be are!amain in full force and �� effectit .;rte same asme Ordinance contained no Nagai a void S 6 naa-Aii----1 SETECLH:1IQNIII REPEALER Al'orcir rahces or parts of ordinances in conflict win the prorleona of this Ordinance are hereby repealed These are Legal Clerk 1. Ordinance No 82-3081,62,92882. gCTION iy fFUQTNE DATE This Ordnan0e IAN be it fora and effect from and aper ns final paswge and outlicatan Subscribe and sworn to before me as by law required,but not brae September I.1980. Passed and approved furs 21st day of August, Igo this _ ay of , A.D. • :. /%;;;':,....-0,-,,,-',..-,,t.(..,e).<1") Y6R 19 ATTEST �)!�,.at•tJ ♦7� n �. ory CLERK � �� � Notary Public 07752 august 29,1990 "`� F 7. SHARON STUBBS o I C7fA1c ORDINANCE NO. 90-3476 AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-73 THEREIN TO REVISE SEWER AND WATER CHARGES AND ESTABLISH A CHARGE FOR UNMETERED SEWER SERVICE AND FOR MANUFACTURING HOUSING PARK UNMETERED SEWER SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1, 'Taxation and Revenues," of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and adopting in lieu thereof a new section to read as follows: Sec. 32.1-73. Fees and Charges Authorized in Chapter 33. Municipal Code Section Authorizing Fee, Charge, Description of Fee, Fine, or Penalty: Charge, Fine, or Penalty Charge: (a) Sec. 33-45 (a)-(f) Sewer Service Charges: Minimum monthly charge (includes the first 200 cu. ft. of water used) $5.75 Monthly charge for each additional 100 cu. ft. of water used $1.40 Monthly surcharge BOD (per pound) $.13 SS (per pound) $.10 (b) Sec. 33-45(h) Unmetered user, monthly minimum $12.90 Manufactured housing park, monthly minimum per lot $12.90 (c) 33-46(h) Fee for delinquent sewer $3.00 for each water service service account account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. (d) 33-48(a) Deposit fee for combined city Residential account: $50.00 per water and/or sewer and/or combined residential service for solid waste collection city water and/or sewer and/or solid accounts waste collection service Ordinance No. 30-3476 Page 2 (e) 33-48(b) Delinquency deposit fee for In an amount equal to the average combined city water and/or 2-month billing for the delinquent sewer and/or solid waste account collection accounts METER SIZE (Inches) Deposit (0 Sec. 33-149(a) Meter deposit a. Deposit fee for new meter 5/8 x 3/4 60 and outside meter reader 3/4 90 1 120 300 2 400 b. Refund for each new 5/8 x 3/4 75 member, outside meter 3/4 105 reader, and wiring 1 135 correctly installed 11/2 320 2 420 (g) Sec. 33-149(b) Second meter fee 5/8 to 3/4 65 (non-refundable) 3/4 90 1 120 1'/z 300 METER SIZE (h) Sec. 33-163 Water Service Charges: (Inches) Charge: Monthly user charges for 5/8 $ 4.15 water service for the 3/4 4.75 first two hundred (200) 1 5.60 feet or less of water 11/2 11.15 used, based on meter size 2 15.00 3 27.75 4 48.40 6 97.40 The minimum user charges for larger meters will be based on comparative costs to a 6" meter. The minimum user charge for a customer who furnished the meter at their own costs will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for the second water meter from November to March for those months during which no water is used. D. l Ordinance No. 90-3476 Page 3 MONTHLY USAGE (Cu. Ft.) Charge: Monthly user charges for Next 2,800 $.90 water in excess of 200 Next 17,000 $.65 cubic feet per month Over 20,000 $.60 (i) Sec. 33-164 Fee for temporary water use during construction for the first 90 days from the date of the service tap for a new service or for a maximum of 90 days for reconstruction: Single- and two-family residences $10.00 per month Multi-family residences $10.00 per month Commercial structures $20.00 per month Fee for temporary water use after 90 days for any structure shall be $100.00 per month until the meter is installed. (I) Sec. 33-165 Fee for direct purchase of water per 200 $1.00 gallons or fraction thereof (k) Sec. 33-167 Fee delinquent water service account $3.00 for each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. (I) Sec. 33-169 Deposit fee for combined city water and/or Residential account: sewer and/or solid waste collection $50.00 per combined accounts residential service for city water and/or sewer and/or solid waste collection service. Commercial ac- count: An amount equal to the two- month billing for commercial service for city water and/or sewer service. (m) Sec. 33-169(b) Delinquency deposit fee for combined water In an amount equal and/or sewer and/or solid waste collection to the average 2-month accounts billing for the delin- quent account. I Ordinance No. 90-3476 Page 4 (n) Sec. 33-169(c) Fees and charges for various consumer services Tap fees: Size Tap Corps Curbs Boxes 1" $18.30 $18.35 $ 35.70 $29.15 11/4" 24.05 34.90 58.10 40.75 11/2" 29.40 48.25 77.40 40.75 2" 33.10 78.15 115.50 40.75 11/4-inch, 11-inch and 2-inch will require saddles which are to be charged at the City's cost, plus a stocking fee. Installation and connection fees: Size Cost 6" $15.00 per linear foot 8" 18.80 per linear foot 10" 24.00 per linear foot 12" 29.70 per linear foot 16 39.40 per linear foot (o) Sec. 33-169(c) Service fees Fee Fee During Normal After Normal Working Hours Working Hours a. Reconnection of $15.00 $30.00 discontinued service b. Removal fee for $25.00 Not done after disconnecting and normal working removing a second hours meter c. Service for resetting $15.00 $30.00 or reading meter, or for restarting service d. Carding fee for shutting $15.00 $30.00 off in collection procedure e. Check leaky meters No charge No charge f. Frozen meters $15.00, plus cost $30.00, plus cost of meter repair of meter repair I Ordinance No. 90-3476 Page 5 g. Shut-off service at curb No charge $30.00, plus and check for exterior hourly rate for leaks time over 2 hours h. Broken hydrant Repair cost $30.00, plus repair i. Location of water main No charge No charge for other utilities j. Location of water main No charge $30.00, plus for private enterprise hourly rate for time over 2 hours k. Meter accuracy check $30.00 Not done after at consumer's request normal working hours I. Fire hydrant fee for $50.00 Not done after inspection and opera- normal working tion of fire hydrants hours which are privately owned or owned by other governmental agencies If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's normal working hours are 8:00 a.m. to 4:00 p.m. daily. SECTION II. SEVERABILITY. If any provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this ordinance which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. These are: (1) Ordinance No. 87-3342, §1 (part), 9-8-87. (2) Ordinance No. 88-3371, §2, 4-5-88. (3) Ordinance No. 88-3380, §1, 5-17-88. (4) Ordinance No. 89-3414, §2, 5-16-89. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and publication as by law required, but not before September 1, 1990. Ordinance No. 90-3476 Page 6 Passed and approved this 21st day of August, 1990. ATTEST: 2/frcrlTioAnr) . CITY CLERK Approv: . by Ai S/AS City Attorney's Office 7 200 31 It was moved by Courtney , and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby Larson McDonald _ Novick First Consideration 8/7/90 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 8/29/90 Moved by Courtney, 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: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: Kubby. 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. 90-3476 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of August , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of August , 1990 Dated at Iowa City, Iowa, this 27th day of September ,19 90 . Ramona Parrott, Deputy City Clerk 6/1-21C " 7c'-0€7“7e ' 3 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. '^-i,'i, AN ORDINANCE AMENDING CHAPTER 321,ENTITLED"TAXATION AND REVENUES,'OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA.BY AMENDING SECTION 32 1 73 '/ '/p THEREIN TO REVISE SEWER AND WATER CHARGES AND ESTABLISH A CHARGE FOR Printer's fee S/6/441•5// UNMETERED SEWER SERVICE AND FOR MANUFACTURING HOUSING PARK UNMETEHCU SEWER SERVICES. CERTIFICATE OF PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA STATE OF IOWA, Johnson County, ss: SECTION I That Chapter 321,'Taxation and Revenues,'of the Code of Ordinances of the en THE IOWA CITY PRESS-CITIZEN of Iowa City, Iowa. be, and the same is hereby amended by repealing Seclen 321.73. and adopting in lieu thereof a new section to read as follows: Sec.32.1-73. Fees and Charges Authorized In Chapter 33. I. Municipal Code Section Carol Barr, being duly sworn, say that I Authorizing Fee,Charge, Description of Fee, am the legal clerk of the IOWA CITY Fine,or Penally. Charge,Fine,or Penalty Charge. PRESS-CITIZEN, a newspaper (a) Sec 33-45(a)(q Sewer Service Charges: published in said county, and that a Minimum monthly charge notice, a printed copy of which is hereto (includes the first 200 attached, was published in said paper cu ft of water used) $s 75 _ _1___ time(s). on the following , h1onthlycharge for each date(s): additional 100 cu.tt. of water used $1.40 4./ricf cz?9 /�6 7O Monthly surcharge BOD(per pound) $.13 � SS(per pound) $10 Ste �/� 5tlyf ,2 (b) Sec.33 45th) Unmetered user,monthly Legal Clerk minimum $12 90 Manufactured housing park. Subscribe and sworn to before me monthly minimum per lot $12.90 (c) 33'46(h) Fee for delinquent sewer $3.00 for each water service / service account account not paid within 30 days this 1 _day of — A.D. of billing dale Fee is waived for first occurrence in each calendar 19 go year ��� (d) 33-a81a) Deposit fee for combined city Residential account 55000 per �� water and%or sewer andor combined residential service for solid waste collection city water angor sewer ander solid Notary Public accounts waste collection service +.ra+� (e) 33 48lb) Delinquency deposit lee for In an amount equal to the average SHARON STBBBS combined city water andlor 2•month billing for the delinquent sewer andor solid waste account collection accounts METER SIZE finches! DcQQsl (I) Sec. 33-149(a) Meter deposit a Deposit lee for new meter 5,8 x 3;4 60 and outside meter reader 3i4 90 1 120 300 2 400 b Refund for each new 5 8 x 3 4 75 member,outside meter 3,4 105 reader,and wiring 1 135 correctly installed 1'.. 320 2 420 . ye/ -3 4L76 a$3 (g) Sec.33-149(bl Second meter lee 58 to 3,4 65 (nonrefundable) 3;4 90 1 120 1n 300 METER SIZE (h) Sec.33-163 Water Service Charges: Jlnches1 Charge, Monthly user charges for 5.6 S 4.15 water service for the 3;4 4 75 first two hundred(200) 1 5.60' feet or less of water 1'k 1115 used based on meter size 2 15.00 3 27 75 4 48.40 6 97.40 The minimum user charges for larger meters will be based on comparative costs to a 6"meter. The minimum user charge for a customer who furnished the meter at their own costs will be based on the minimum for a 518'meter,regardless of the size. There will be no minimum monthly charge for the second water meter from November to March for those months during which no water is used. MONTHLY USAGE (Cu.Ft.1 Charge: Monthly user charges for Next 2,800 5.90 water in excess of 200 Next 17,000 $.65 -' cubic feet per month Over 20,000 $.60 (i) Sec.33-164 Fee for temporary water use during construction for the first 98' days from the date of the service tap for a new service or for a maximum of 90 days for reconstruction: Single-and two.family residences $10.00 per month • Multi-family residences $10.00 per month Commercial structures $20.00 per month Fee for temporary water use after 90 days for any structure shall be $100.00 per month until the meter is installed. p) Sec 33165 Fee for direct purchase of water per 200 $1 00 gallons or fraction thereof (k) Sec.33-167 Fee delinquent water service account $3.00 for each water service account not paid within 30 days of billing date. Fee is waived (or first occurrence in each calendar year. (I) Sec.33-169 Deposit fee for combined city water and/or Residential account. sewer and/or solid waste collection $50.00 per combined accounts residential service for city water and/or sewer and/or solid waste collection service. Commercial ac- count: An amount equal to the two- ' month billing for commercial service for city water and/or sewer service. (m) Sec.33-169(12) Delinquency deposit fee for combined water In an amount equal and/or sewer and/or solid waste collection b the average 2morth accounts billing for the delin- quent account. (n) Sec.33-169(c) Fees and charges for various consumer services Tap fees: Size Tap Corps Curbs Boxes 1" $18.30 $18.35 $35.70 $29.15 11/4" 24.05 34.90 58.10 40.75 11/2" 29.40 48.25 77.40 40.75 2" 3310 76.15 115.50 40.75 1Y.-inch, 1'k-inch and 2-inch will require saddles which are to be charged at the City's cost,plus a stocking fee. Installation and connection fees: eed. 9(7- .34(76 Size Cost 3 S 6' $15.00 per linear foot 18,80 per linear foot 10" 24.00 per linear foot 12" 29.70 per linear loot 16 39.40 per linear foot (o) Sec.33-169(c) Service tees Fee Fee During Normal After Normal Working Hours Working Hours a. Reconnection of $15.00 $30.00 discontinued service b. Removal fee for $25.00 Not done after disconnecting and normal working removing a second hours meter c. Service for resetting $15.00 $30.00 or reading meter,or for restarting service d Carding lee for shutting $15.00 $30.00 off in collection procedure e. Check leaky meters No charge No charge I. Frozen meters $15.00,plus cost $30.00,plus cost of meter repair of meter repair g. Shut-ott service at curb No charge $30.00,plus and check for exterior hourly rate for leaks time over 2 hours h. Broken hydrant Repair cost $30.00,plus repair Location of water main No charge No charge for other utilities j. Location of water main No charge • $30.00,plus for private enterprise hourly rate for - time over 2 hours k. Meter accuracy check $30.00 Not done after at consumer's request normal working hours I. Fire hydrant fee for $50.00 Not done after inspection and opera- normal working tion of fire hydrants hours which are privately owned or owned by other governmental agencies If service is requested outside normal working hours. a $30.00 atter'hour lee shall be charged in addition to the normal working hour lee. In addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's normal working hours are 6:00 a.m.to 4.00 p.m. daily. SECTION II. SEVERABILITY. If any provisions of this Ordinance are for any reason declared 'legal or void,then the lawful provisions of this ordinance which are severable from said unlawful provisions,shall be and remain in lull force and effect,the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed These are (1) Ordinance No.87-3342,§1 (part),9-8-87. (2) Ordinance No.88-3371,§2,4388. (3) Ordinance No.88-3380,§1,5-t7-8B. (4) Ordinance No.89-3414,§2,5-16-89. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in force and effect from and atter its final passage and publication as by law required,but not before September 1, 1990. ' Passed and approved this 21st day of Auaust, 1940. I/ ATTEST: c2ar.r,v' K CITY CLERK 07753 August 29,1990 h ORDINANCE NO. 90-3477 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION OF AN APPROXIMATELY 1.17 ACRE PARCEL OF LAND LOCATED AT 1105 GILBERT COURT. WHEREAS, the subject property Is owned by Johnson County, and WHEREAS, Section 36-30 of the Zoning Ordinance requires that land owned by a government entity shall be zoned P (Public). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of CI-1 to P. Lots 1 and 2, except the South 50 feet of Lot 2, in Highland Park Addition to Iowa City, Iowa, according to the recorded plat thereof; and the South 35 feet, subject to an easement over the North 20 feet of said South 35 feet for driveway purposes, of the following described tract of real estate, to-wit: Commencing at the Intersection of the South line of Kirkwood Avenue in Iowa City, Iowa, with the West line of Gilbert Court produced South, which point is 258 feet East and 35 feet South of the center of Section 15, Township 79 North, Range 6 West of the 5th P.M.; thence South along the West R.O.W. line of Gilbert Court 300 feet; thence West on a line parallel to the South R.O.W. line of Kirkwood Avenue 169.5 feet to the East line of the R.O.W. line of the transfer tracks of the C.R.I.& P. Railway Co. as now located; thence Northeasterly along said R.O.W. line to the point due West of the point of beginning; thence East to the point of beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City,to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the office of 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 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. 3�. Ordinance No. 90-3477 Page 2 Passed and approved this 18 day of September 1990. tA lAYOR ATTEST: 721/7 94/ CITY CLERK Approved by ' Attorney's Office 3� It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 9/4/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 9/26/90 Moved by Courtney, 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: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. ,30 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5 C 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. 90-3477 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of September , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 26th day of September , 19 90 Dated at Iowa City, Iowa, this 15th day of October ,19 90 . �G��LB74t/ 7/ Ramona Parrott, Deputy City Clerk OFFICIAL PUBLICATION ' - ORDINANCE NO. 93-3377 Printer's fee$(7. I7 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION OF AN APPROXIMATELY 1.17 ACRE PARCEL OF LAND LOCATED AT CERTIFICATE OF PUBLICATION 1105 GILBERT COURT STATE OF IOWA. Johnson County. ss: WHEREAS. the siOject° "' B or Oyerawned by Jonne THE IOWA CITY PRESS-CITIZEN WHEREAS,Section 9530 of Me Zoning ONmance requires that land owned by a government entry snail be zoned P (Public) NOW. THEREFORE BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY Of IOWA CITY IOWA SECTION I APPROVAL The properly described be,c770 o hbeby reclassified from as present classeicaton of CFI to I Lots 1 and 2 except the South 50 feet of Lot 2,In Sharon Stubbs, being duly sworn, say Highland Park AddalOn tO Iowa Cr,Iowa.according that I am the legal clerk of the IOWA to the itoaded em ntthereofovr and me S20 feet u lard p he,actin ed pat eof and Sorrel 5or feet CITY PRESS-CITIZEN, a newspaper Sown as fel fa'o?,ewaypmpoaesothe lairnwne published in said county, and that a dewneedhaaothe South Imtoyoo cen,mdAven e Ihetmb d talo o the South line or N4ovore Avenue In Iowa City.Iowa.with the West line ol Gilbert Coen notice, a printed copy of which is hereto produced South.which point a 258 teat East and 35 attache , wasP ublished in said paper feat South of the career of Senors,Township 79 Nath.Range 6 Was of the 5th P.M.(hence South time(s), on the following along the West R.Ow.lino G,beo Coon ADD feet. thence West one hoe pampa)to the Sash ROW foe date(s): of KrIe ood Avenue 1695 feed to the East One of the RO.W. brie a the transtar Paas of the C RI.6 P. 5.14! — ` f / Railway o now located. thence Nonnrlafeny LJi�L/—Z 11 9' Ll 7 along saidfi O W.one to the ppm due West of the point ncl beginning, Maned br ce East to e pont a bag deg A / SECTION II. ZONINP OAP The Building Inspector a hereby / �//'' authorized and dee to change the zoning map of Ifo Cary I. ; ;Stir eOf Iowa CM.towlctoto Its amendment upon final passage. approved and octet:ton of ON Ordinance as provided law SECTION In CERTIFICATION AND RECORDING The Cay LegalLeal Clerk Cterkshereghuthabeenemdledtoworacopyams OIDo,anCr hich shall Cred, the des 01 ss County Recorder of Johnson County.Iowa upon Meal passage and Publcat10n as provided by law. Subscribed and sworn to before me oECnON N. REPEALER. At ordinances and pens of «mNM.e Conflict wan ton provisions of Ina Ordinance ate hereby repealed ���/ SECTION V. SEVERASiLUY If any section.pro s.on of pan this bday of L/LQQLtL. A.D. of the Ordinance snail be adjudged to be meld of aKonsluto W,such adjudication Lett no aloof the validity of the Ordinance as a whole or any section.pravisibn of pan 19a thereof na adjudged invalid or unconnnunonal. 96 SECTION VI. EFFECTIVE DATE This Ordinance shall be m 2 �`QJ afro dhfoal passage approval and pJa�whDn as otreo Dy law Notary Public - Ordinance No.oh-34 77 Page 2 MARGARET RIOS Passed and approved this In days Ecry eenher r�D 9 / 'fee tel.;. //l F4,:<,-(K Akron • irrEBTI Cirrs � • ! . err.• 08102 a Sn1'embgr 26,1990 ORDINANCE NO. 90-3478 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 2, THE BUILDING CODE, BY ADOPTING APPENDIX CHAPTER 70 (EXCAVATION AND GRADING) OF THE 1988 UNIFORM BUILDING CODE, AS AMENDED, TO PROVIDE FOR THE PROTECTION OF AND SAFEGUARD OF HUMAN LIFE, PROPERTY AND THE PUBLIC WELFARE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. PURPOSE. The purpose of this Ordinance is to adopt appendix Chapter 70 of the 1988 Uniform Building Code, as amended, to provide for the safeguard of human life, property and the public welfare, and to protect environmentally sensitive areas by regulating grading on private and public property. SECTION II. Section 8-17 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended: Section 8-17. Amendments. The folbwing sections of the 1988 Edition of the Uniform Building Code (UBC) are amended to read as follows: (22) Deletions is amended to read as follows: 8. All Appendix chapters, except 70 as inserted in its entirety in number 23. (23) UBC Appendix Chapter 70 is amended to read as follows: UNIFORM BUILDING CODE Chapter 70 - EXCAVATION AND GRADING Sec. 7001. Purpose. The purpose of this chapter is to protect and safeguard human life, property and the public welfare, and to protect environmentally sensitive areas by regulating grading on private and public property. Sec. 7002. Scope. This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and specifications, and inspection of grading. Sec. 7003. Permits Required. No person, owner or responsible party shall do any grading in any areas described below without first having obtained a grading permit from the building official: 1. Property on which the natural terrain is at a horizontal to vertical slope of 3.5 horizontal to 1 vertical, or steeper, and having a vertical height exceeding nine feet within a horizontal distance of 27 feet; or 2. Flood hazard areas subject to Chapter 11, Article II, "Floodplain Management", of the Iowa City Code of Ordinances; or 3. Wetlands as defined in the Code of Federal Regulations (33 CFR 328.3)and regulated by the U.S.Army Corps of Engineers; or 4. Property traversed by a drainageway as shown in blue on the U.S. Geological Survey quadrangle maps, 1983, as updated. Sec. 7004. Hazards. Whenever the building official determines that any existing excavation, embankment,or fill on private property has become a hazard to human life,endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the property owner or the responsible party for the affected property shall, after receipt of Ordinance No. 90-3478 Page 2 notice in writing from the building official, take corrective action to repair or eliminate such excavation,fill or embankment so as to eliminate the hazard or dangerous conditions. Said repairs or corrective actions shall in all respects be in compliance with the requirements of this code, and shall be satisfactorily com- pleted within the time period specified in the notice. Failure to take corrective actions shall be deemed a public offense, and shall be subject to the remedies set out in applicable state and local law for abatement of nuisances. Sec. 7005. Definitions. For purposes of this chapter the definitions listed herein shall be construed as specified in this section. Terms not defined shall have the meanings customarily assigned them in Webster's New Collegiate Dictionary. APPROVAL shall mean that, in the opinion of the building official,the proposed work or completed work conforms to this chapter. AS-GRADED is the extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from an off-site location for use in grading a site. CIVIL ENGINEER is a professional engineer registered in the State of Iowa to practice in the field of civil engineering. CIVIL ENGINEERING is the application of the knowledge of the forces of nature,principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of humankind. COMPACTION is the densification of a fill by mechanical means. CUT is the portion of land surface or area from which earth material has been removed or will be removed by excavation. EARTH MATERIAL is any rock,natural soil or fill and/or any combination thereof. ENGINEERED GRADING is grading of 5,000 cubic yards or more, and requires the services of a civil engineer to prepare and certify a grading plan, and to inspect and certify the work completed conforms with the plan. EROSION is the wearing away of earth material as a result of the movement of wind,water, ice or any combination thereof. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by mechanical, man-made or other artificial means. GEOLOGIC FACTORS are factors pertaining to rocks or rock formations as they might effect the stability of slopes. GRADE is the vertical elevation of the ground surface. Existing Grade is the grade prior to grading. Rough Grade is the stage at which the grade approximately conforms to the approved plan. Finished Grade is the final grade of the site which conforms to the approved plan. GRADING is any excavating or filling or a combination thereof, and includes compaction. OWNER is any person, entity, business, firm, corporation, organization, association, partnership, venture or any combination thereof, and any agent,fiduciary or representative thereof, who owns or purports to own land or real property located within Iowa City. 33 Ordinance No. 90-3478 Page 3 PERSON shall include individual persons, user, operator, responsible party, entity, business, firm, corporation, • association, partnership, venture, or any combination thereof, and any agent, representative or fiduciary thereof. PROPERTY is land and real property, whether public or private, and includes any and all interests in real property whether legal, equitable, or any combination thereof. PUBLIC WAY means any area dedicated to the public, including but not limited to street right-of-way,sidewalks,alleys, and utility easements. REGULAR GRADING is grading involving less than 5,000 cubic yards which does not require the services of a civil engineer. RESPONSIBLE PARTY means any user, possessor, operator, permittee, or person who operates, possesses, occupies, manages or owns real property located within Iowa City. Responsible party shall also include the person responsible for assuring compliance with this chapter if notice of violation or noncompliance has been issued to that person by the building official. SITE is any lot or parcel of land, or contiguous combination thereof under the same ownership,where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL is naturally occurring superficial deposits overlaying bed rock STEEP SLOPE is property on which the natural terrain is at a slope of 3.5 horizontal to 1 vertical, or steeper. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Sec.7006. Grading Permit Requirements. (a) Permits Required. As provided in Section 7003 of this code, no person shall do any grading without first obtaining a grading permit from the building official. A separate permit shall be required for each site, and may cover both excavations and fills. (b) Application. The provisions of Sec. 302(a) are applicable to grading, and shall state an estimate of the cubic yards of earth material to be graded. (c) Plans and Specifications. Each application for a grading permit,whether regular grading or engineered grading, shall be accompanied by two sets of plans and specifications. Supporting data consisting of a soils report and geology report shall be submitted when required by the building official. When engineered grading is required pursuant to subsection(d)below, the plans and specifications shall be prepared and signed by a civil engineer. (d) Grading Designation. All grading of 5,000 cubic yards or more shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be desig- nated as 'engineered grading." Grading involving less than 5,000 cubic yards shall be designated"regular grading'unless the permittee,with the approval of the building official,chooses to have the grading performed as "engineered grading' or the building official requires'engineered grading"pursuant to Sec. 7006(g). �.2 Ordinance No. 90-3478 Page 4 (e) Information on Plans and Specifications. Plans shall be drawn to scale upon stable reproducible media, and shall be of sufficient clarity to indicate the nature and extent of the work proposed. The plans shall also show,in detail,that the grading activities will conform to the provisions of this code and all relevant laws,ordinances,rules and regulations. The first sheet of each set of plans shall give the location of the proposed grading work, the name and address of the person by whom they were prepared, and the name and address of the property owner or of the responsible party for the property. The plans shall include the following information: 1. General vicinity of the proposed site. 2. Names and addresses of adjacent property owners. 3. Property limits and accurate topographic map of the existing terrain with contour intervals of five feet or less and details of area drainage. 4. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. 5. Detailed plans of all surface and subsurface drainage devices including walls, cribbing, dams and other protective devices to be constructed with, or as part of, the proposed grading work,together with a map showing the drainage areas and the estimated runoff for a 5-year return and a 100-year return frequency storm of the area served by any drains to be installed. 6. Location of any buildings or structures on the property where the proposed grading is to be performed,together with any buildings or structures on property adjacent to the proposed grading to the extent the buildings or structures are within fifteen feet of the proposed grading. In addition, location of any property which may be substantially and materially affected by the proposed grading shall also be noted and shown on the plans. 7. Existing trees that are to be retained pursuant to Sec. 7011.1. Specifications shall contain information covering construction and material requirements. (f) Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the civil engineer to design the grading plan using sound engineering practices and to incorporate all recommendations from the soils and geology reports into the grading plan. The civil engineer shall also be responsible for the professional inspection during the grading process and final approval of the grading when completed. This responsibility includes,but need not be limited to,inspection and approval as to the establishment of line,grade and drainage of the grading area. The civil engineer is the coordinating agent between any responsible party doing the actual grading work and the building official. Further, the civil engineer shall be responsible for the preparation of revised plans, and the submission of an updated grading plan upon completion of the work Finally, the civil engineer shall submit a statement of compliance pursuant to Sec. 7015(a). Soils and geology reports shall be required as specified below in subsections (h) and (i). During grading, the civil engineer shall submit all necessary reports, compaction data and soils and geology recommendations to the building official. 33 Ordinance No. 90-3478 Page 5 The civil engineer's inspection and approval concerning the adequacy and preparation of ground for the proposed grading operations shall include, but need not be limited to, the adequacy of the ground to receive fill; testing for required compaction; stability of all finish slopes;the design of buttress fills, where required;the stability of cut slopes with respect to geological matters; and the need for subdrains or other groundwater drainage devices. The building official shall review the grading project at the various stages of the work in order to monitor compliance with the approved plans. (g) Regular Grading Requirements. The building official may require inspection and testing by an approved testing agency of any proposed or approved grading operation. Any such required inspection or testing shall be carried out at the building official's direction. When the building official has cause to believe that geologic factors may be involved in the proposed or regular grading activities, the grading operation will be required to conform to 'engineered grading' requirements as defined in this chapter. (h) Soils Report. The soils report required by Subsection (c) shall include data regarding the nature, distribution and strength of existing soils;conclusions and recommendations for grading procedures;and design criteria for corrective measures including buttress fills, if needed. Recommendations included in the report shall be incorporated in the grading plans or specifications, unless the building official has waived all or some of the recommendations or has approved revised recommendations. (i) Geology Report. The geology report required by Subsection (c) shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Recommendations included in the report shall be incorporated in the grading plans or specifications, unless the building official has waived all or some of the recommendations or has approved revised recommendations. (j) Issuance. The provisions of Section 303 are applicable to grading permits. The building official may require that the grading operations and project designs be modified if delays occur which will incur weather-generated problems not considered at the time the permit was issued. (k) Fees. All fees for and/or associated with each required permit shall be paid to the City as set forth in the Schedule of Fees, Section 32.1-55 of the Iowa City Code of Ordinances. Sec.7007. Reserved. Sec.7008. Assurance of Performance. At such time as the grading permit is issued, the building official may require cash escrow, certificate of deposit, performance bands or a letter of credit in order to assure that the work is completed in accordance with the approved plans and specifications, and to assure all hazardous conditions are eliminated. Said cash escrows, certificate of deposit, performance bonds or letters of credit, when required, shall be in an amount equal to 110%of the grading project, but in no event shall the required amount exceed $10,000 or the cash equivalent. 2� Ordinance No. 90-3478 Page 6 It is the intent of this section that cash escrow, certificate of deposit, performance bonds or letters of credit shall not be deemed as a substitution for performance of the work, but that such instruments shall stand solely as security to assure compliance with the grading requirements herein. Sec.7009. Cuts. (a) General. Unless otherwise recommended in the approved engineering, soils and/or geology report, cuts shall conform to the provisions of this section. (b) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than the ratio of 3.5 horizontal to 1 vertical unless the owner or responsible party furnishes a soils or a geology report,or both, stating that an investigation of the site reveals that a cut at a steeper slope will nonetheless be stable and will not create a hazard to life or to property. (c) Drainage and Terracing. Drainage and terracing shall be provided as required by Section 7012. Sec.7010. Fills. (a) General. Unless otherwise recommended in the approved engineering, soils and/or geology report, fills shall conform to the provisions of this section. (b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper than 3.5 horizontal to 1 vertical, except where the civil engineer determines the slope to be stable. (c) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill,topsoil and other unsuitable materials, and by scarifying the surface to provide a bond with the new fill. Where slopes are steeper than five horizontal to one vertical and the height of the fill location is greater than ten feet,the ground surface shall be prepared by benching into material which is deemed competent for such benching by a civil engineer. The bench under the toe of fill on a slope steeper than five horizontal to one vertical shall be at least ten feet wide. The area beyond the toe of fill shall either be sloped for sheet overflow, or a paved drain provided. When fill is to be placed over a cut,the bench under the toe of fill shall be at least ten feet wide. However, in such event,the cut shall be approved by a civil engineer as a suitable foundation for fill. (d) Fill Material. Vegetative materials shall not be permitted in fills except in the top one foot of fill. Except as permitted by the building official, no rock or similar irreducible material shall be placed within Iwo feet of the finished grade. Where an excessive amount of irreducible material is found, it may be placed in the fill in horizontal layers not exceeding four feet in thickness. Each layer shall be leveled and smoothed by choking the surface of the irreducible material with soil or fine fragments of rock. (e) Compaction. All fills on slopes of 6 horizontal to 1 vertical or steeper shall be compacted to a minimum of 90 percent of maximum density as determined by U.B.C.Standard No. 70-1 or equivalent ASTM standards. In-place density shall be determined in accordance with U.B.C. Standard No. 70-2, 70-3, 70-4 or 70-5 or equivalent ASTM standards. (f) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 3.5 horizontal to 1 vertical unless the owner or responsible party furnishes a soils or a geology report, or both, stating that the Ordinance No. 90-3478 Page 7 site has been investigated and that based on their best information, knowledge and belief, fill at a slope steeper than 3.5 horizontal to 1 vertical will nonetheless be stable and will not create a hazard to life or property. (g) Drainage&Terracing. Drainage and terracing shall be provided for all fills. Areas above fill slopes and all terrace surfaces shall be graded and finished, as required by Section 7012. Sec. 7011. Setbacks. (a) General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure No. 70-1. (b) Top of Cut Slope. The top of cut slope shall be made no closer to a site boundary line than one fifth of the vertical height of cut,with a minimum of two feet and a maximum of ten feet. The setback may need to be increased for any required interceptor drains. (c) Toe of Fill Slope. The toe of fill slope shall be made no closer to the site boundary line than one-half the height of the slope, with a minimum of two feet and a maximum of twenty feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is already developed, special precautions may be required if, in the opinion of the building official,such precautions are necessary to protect the adjoining property from damage. These precautions may include,but are not limited to, the following: 1. Additional setbacks. 2. Provision for retaining walls or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. (d) Modification of Slope Location. The building official may approve alternate setbacks. The building official may also require an investigation and recommendation byacivil engineer, if in the opinion of the building official, such investigation is reasonably necessary to demonstrate the grading has complied with the intent of this section. Sec.7011.1 Tree Protection. Individual trees that are to be retained shall be protected from injury during any grading work in the following manner: . 1) A barricade shall be erected along the drip line of the retained trees. 2) Grading equipment may not be parked or stored within the drip line of any such retained trees. 3) No soil or rubble shall be added to or removed from within the drip line of said trees. 4) Utility trenching techniques shall not be used under retained trees, nor within the drip line of retained trees. Sec.7012. Drainage and Terracing. (a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than six horizontal to one vertical. (b) Terrace. In order to control surface drainage and debris, terraces at least six feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes. Where only one terrace is required, it shall be established at Ordinance No. 90-3478 Page 8 midheight. For cut or till slopes greater than 60 feet and up to 120 feet in vertical height, one terrace at approximately mid- height shall be twelve feet In width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of three percent, and must be stabilized with an approved erosion-free channel. Said swales or ditches shall also have a minimum depth at the deepest point of one foot and a minimum width of five feet unless a civil engineer can demonstrate a smaller channel is appropriate. The capacity of a swale or ditch shall be adequate to convey the 100-year return frequency storm for the tributary area (c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage, where such drainage is reasonably necessary to achieve stability. (d) Disposal. All drainage facilities shall be designed to carry waters to the nearest approved drainage way. Erosion in the area of discharge shall be prevented by installing non- erosive down drains or other devices, as needed. Building pads shall have a drainage gradient of two percent from the building pad toward approved drainage facilities,unless waived by the building official. EXCEPTION: The gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area: 1. Proposed fills are no greater than ten feet in maximum depth. 2. Proposed finish cuts or fill slope faces have a vertical height no greater than ten feet. 3. Existing slope faces which have a slope face steeper than ten horizontally to one vertically shall have a vertical height no greater than ten feet. (e) Interceptor Drains. Interceptor drains shall be installed along the top of all cut slopes where the tributary drainage has been channelized,and there is a potential for continued erosion. Sec.7013. Erosion Control. (a) Slopes. The faces of cut and fill slopes shall be pre- pared and maintained in accordance with Design Standards for Public Works Improvements, Section X -Erosion and Sedimentation Control. (b) Other Devices. Check dams, cribbing, riprap or other devices or methods shall be employed where reasonably necessary to control erosion and provide safety. Sec.7014. Grading Inspection. (a) General. All grading operations for which a permit is required shall be subject to inspection by the building official. When required by the building official, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 306. (b) Notification of Noncompliance. if, in the course of fulfilling their responsibilities under this chapter, the civil engineer or the testing agency finds that the grading work is not being done in conformance with this chapter or does not conform to the approved grading plans,the discrepancies shall be reported to the owner of the property. If the discrepancies 33 Ordinance No. 90-3478 Page 9 continue,the Civil Engineer or the testing agency is responsible for reporting said discrepancies to the building official. (c) Transfer of Responsibility for Approval. If the civil engineer or the testing agency of record is changed during the course of any grading work,the work shall be stopped until the replacement has agreed to accept responsibility for the work, and the work is within the competence of the testing agency and/or the civil engineer. Sec.7015. Completion of Work. (a) Final Reports. Upon completion of the rough grading work and at final completion of the grading work, the building official shall require the following reports,drawings and supple- ments thereto to be filed in the building official's office: 1. Certification from the civil engineer that the grading work was completed in substantial compliance with the final approved grading plan, as updated or revised. 2. An updated or revised grading plan prepared by the civil engineer,showing all revisions approved by the building official. This plan shall include ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities installed. (b) Notification of Completion. The owner, responsible party or person requesting the permit shall notify the building official when the grading operation is ready for final inspection. Final approval shall not be given until all required reports have been submitted and until all grading work has been completed in accordance with the final approved grading plans, including installation of all drainage facilities and their protective devices and all erosion-control measures. Upon granting final approval, the building official shall authorize the release of any escrows to the depositor and issue a certificate of compliance. Sec. 7016. Enforcement. In all cases, the ultimate responsibility for compliance with this chapter shall rest with the owner of the property, notwithstanding the participation of any other responsible party. Any violation of this chapter or rules promulgated thereto shall constitute a nuisance and/or an environmental infraction under both state and local law. In such event, the City may, at its option, elect to carry out any one or all of the following remedies: prosecute environmental infractions under Section 1, Article II of the Iowa City Code of Ordinances; deny or revoke any permit under this chapter; abate the nuisance in accordance with Section 24 of Article VI of the Iowa City Code of Ordinances;and/or abate the nuisance under state law, Chapter 657, Iowa Code (1989). 33 Ordinance No, 90-3478 Page 10 M• Too or j Slope r 1,"" Natural or 21/2 AS 10'mu. Finish Grade Cut at ' 1 ►A• Tot Slope Boa 1 WS bola 1'mi. 7 1 and 10'mu. Natal Mush Cade •Pmoil Area Boundary Figure No.70-1 • SECTION III• REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be In effect after Its final passage, approval and publication as required by law. Passed and approved this 2nd day of October, 19'0. L / �,� YOR ATTEST: //jau.a.4c) 7� . lip In CITY C K Approved • �/ ity Attorney's Office l 7 Pd 33 1 It was moved by Kubby and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Novick X Courtney x Horowitz - x Kubby - x Larson x McDonald First Consideration 9/4/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration 9/18/90 Vote for passage: Ayes: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: None. Date published 10/10/90 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 STATE OF IOWA • ) SS JOHNSON COUNTY • I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No . 90-3478 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of October ,19 90 , all as the same appears of record in my office and published in the Iowa City Press- Citizen on the 10th day of October , 19 90 . Dated at Iowa City, Iowa, this 15thday of November ,1990 2 ( J ? 4 Marian K. Karr, City Clerk • Z OFFICIAL PUBLICATION Printer's fee$/'LL3 ORDINANCE NO. 9D—r78 AN ORDINANCE AMENDING CHAPTER B.ARTICLE 2,THE CERTIFICATE OF PUBLICATION BUILDING CODE,BY ADOPTING APPENDIX CHAPTER 70 (EXCAVATION AND GRACING) OF THE 1988 UNIFORM STATE OF IOWA. Johnson County. ss: BUILDING CODE.AS AMENDED,TO PROVIDE FOR THE PROTECTION OF AND SAFEGUARD OF HUMAN LIFE, THE IOWA CITY PRESS-CITIZEN PROPERTY AND THE PUBLIC WELFARE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY„IOWA,THAT. SECTION I. PURPOSE The purpose of this Ordnance a to adopt appendix Chapter 70 of the tee Uniform BWLng Cove, as amended, to proade for the sa,eguazd m human Ma. j r property and the pudic waders,and to protect envronmemady Sharon Stubbs, being duly sworn, say prem areas by regulating grading on almae and ewp that I am the le al clerk of the IOWA spcTloN II Section 8.17 0l the Code of Ordinances of int g city of Iowa Guy,Iowa,is hereby amended. Section e.17. CITY PRESS-CITIZEN, a newspaper Amendments.The blowing sermons of tha 1938 Edi an of the Uniform Building Code(UBC)are amended to read as totes. published in said county, and that a (22) Deletions iaamended toread asfolbwa.. B.All Appendix chapters,except 70 as inserted in as notice, a printed copy of which is hereto entirety in number 23 attached/was published in said paper (23) UBC Appendix Chapter 70 a ante dada read as fobws, time(s), on the following UNIFORM BUILDING CODE Chapter 70.EXCAVATION AND GRADING date(s): Sec.7001. Purpose. The purpose of this chapter a to protect and safeguard rumen lee, property and the public od9 9 welfare, and to protect environmentally sensitive areas by e //O \/ 1 ( regulating grading on private and pool[property. Sec.7002. Scope. This chapter sets forth rules end regulations to sonnet excavation, grading and.earthwork g forconstruction.p, ,a01 pians andn and embankments,establishespicethe administrative procedure for issuance of permits:and povldes for approval el plans specAiwtons, and InSpK,on 01 privity Sec.7003.pa Permitshale Reqgradd.in inNo any owner or responsible ut le shall anyt inediag indng perdeacn the Legal Clerk belowwithoutLmhewnygbelnedagradingpermsfrom m. budding official. 1 Propertylicalonwhichol3 5 riz nt wear. a,or weeper. Subscribed vndlhal ingpa e]a ho rizontal ex to I vertical,ra Naren Subscribed and sworn to before me and having lance c 27 fel,exceeding nine(act wHnln. ,aldicta lues subject or 2 Flood hazard cram subject 10 a Iowa it Muco f this /-3_dayof f2622--204 4 . Ordinance oanagemcnr, w the Iowa cm code of A.D. WeOrduandasdr 3. (33lCFRs2s 0.)l ndrned egheD°by the U.S.Army rpsof (33 CFR 328.3)wdregualetl by TheUS.Army Corps of • Engineers.o • 19 4, Proper ravened by a dranaga aas shown in blue on • thepgradU.S.Gewegiral Survey quadrangle maps,ig83,as ��C=-�^2>✓t GSC/l_.c.L.Q/ p70rae. semi 7004. Wands. Whenever the banding onion • 'determines pro that any become excavation,to embankment,or Sion r NntRr Public propeny, ersbecomea themdtohumen lite,endangers pubic orr adverselyaiects all,thesalary,use or stagily of a o • MARGARET RIOS rospo way Or drainage channel,rop rTy still,owner a the F respon^b,e party for affected poperty shall,after of • ice act cCrZ nousenmaroon from the budding Decal,take mareaction 0 to copra or eliminate such excavation,Ln or embankment so as to eh:,can the hazard or dangerous sendngns. Said repairs or conecct we actions sha:l In all respects be In compliance with the requirements of Iha one.end shall be satelacdnty mm• pi°t•d within the time period specned m The notice. Fakirs to take corrective actions.ahall be deemed a public offense,and shall be sublecl to the remedies setout in applicable state and local law.ter abatement m nuisances. Sec.7005. Definitions. For purposes of this chapter the dr'miens fisted herein shall be Construed ea specified in Ibis exon.Terms notdaLned shallhave lire meaningscusfmvdy • '`ytvnod Them in Webster New Collegiate Dictionary. APPROVAL shall mean That.In the opinion of the pulping cal.the proposed work or completed work conforms to This apex c ASGRADED a the extent m surface condemns on ro-oebon of grading BEDROCK is in-place solid rock. BENCH S e relatively level step excavated into earth mitanal on which LII a to be placed. BORROW,s earth matenai acquired from an cf rile lacmon for use In grading a site Ue nctivniame- - a 3 OFFICIAL PUBLICATION 'CNA ENGINEER s a professional engineer registered in the ' Slate d Iowa to Facia in the led of civil engineering. 1 CIVIL ENGINEERING is to application of to knowledge of IM forces of nature,principles of mechanics end the properties of materials to the evaluation deem and construction of kith Werke Ion the beneficial uses at humankind. COMPACTION is the densification of a IB by mechanical I and material requirements mane. (n Engineered Grading RegrfennMe. For engineered CUT is the portion of land surface or area from which earth ' material has bean removed or will be removed by excavation. gradindesign g,i gleed be the rsing sound oun e d the ng amuse b EARTH MATERIALa ' ioiwoeataa rponusingmondxgnhe mil geaand Combinaton thereof. any rock,nal re.adl0r ligand/or any II lo incorporate an rxnmmandAby front the nae and geobay ENGINEERED GRADINOsgradgrading cubic yards or 1 raadsama the grading plan. The awl egrae shall also be more,and requires the aeNaea at a civil.engineer to prepare .1111 mpess an bHhepr/maoogel Inspection.when completed. peg This and certify grading plan,.and to and certify the work , l praassandlindstes,but dthegnd,awhpanpectio Tod competed conforms with the plan. responsibility as to rndwles,bm needmlhefimredb,Inspection and EROSION b t*.hearing away d earth material ass roof approval as the estaclthmem al Ike,grade and Mae of , d the movement of wind,weer,ra oruy mmbinaton thereof, begengaroa The py engineerroamaduatgreng agent EXCAVATION ie the mechanical removal of eanh material. • between any responsible oftciparty drug dirhe t engineer tit woe FILL a i depose of earth.material placed by mechanical, and M Oe theeoprel. reconFurtheIM civil engines,Vial be man-made Or other antitial means. airnraspryiob for .pr grading d revised.gena and the GEOLOGIC/ACTORS are factors pertaining to rode or wetly birn of en updated lading plan upon mmgelbn of the rock ormatons as they mght effect me Pebbly of slopes. eet 'Fce pt sue nits engineer Sha asthma a statement d GRADE a the verbal elevation/the ground surface. I salience pursuant geology reports JMall b. Existing Grads u the grade prior to grading. Seas and subsections.(h)an shat he inured ng she ant Rough Grade a thea a at which the rade ealae a ilwd (h)messah During grading,a the ant en 9 approximate* engineer andlgeobmr a mmenda reports.tcompaction n cera coFinished Grade and h civil engineers remmmandad approval theprconferdfidae I heamad Orade uthefinatbedepltM Ne whahcwdarma TM CNs NINYe to the smrovad plan. nen ion S it and pr concerning the • GRADING a any excavating a tiling a a tembinamn adequacy and l include. of ground ter not proposed bathe i thereof,and nmbdu compaction. aerations Nag mdund lot need he leaked b. the OWNER lawny person,entity.-business,firm,corporation, adequacy d the ground to*calve s l p fill;behest ler nquined organaamn, association, pantnenhy, venture a any ae,wheren;stability d all finish slops;to design d blew mmbinamn thereof,and any agent,fiduciarya rpresamava Iss required:the stability d cute eth Ma nspens b thereof,Who owns d purports to own and or reel guava! manors;.and the need to subareas or other located wren Iowa Gey. property grounowaw drainage devices. PERSON shall include mtlerual The building onrval shall reeler/the girding project at the persona,user,operator, thew stages d the work in order to=mgr communes firth reeponamle Part. entity; business, Ilan, atpIMion, (g) edplant asdaamiog,Dvtnenhip,vedun,.a any cambmf :Mere/, (e) Regular Grading nequire ens. The budding f Rayl end arty agent,re tons and or fiduciary therm/. may where of inspection and Wing.by an Wand bung PROPERTY a ons and real;scurry,whether pudica agency Of airy proposed or ppmved garading reed ion. MY peva*,and.educes any and all oaesb o real property such roifct inpemon or bee shall be carried out at the whether legal,equitable,or any combination thereof. budding ollidal•adeedbn. PUBLIC WAY means any area dedicated to the Net When the building official hu cause to believethat geolcgio Irckdirg but rot limited to prat rgMchway.Wawa eNeya, fades may be involved a the and nary easements. activities,the gradingproposed or to regularo grading REGULAR GRADING b grading avetvingless than,5,003 operation will be required thEMot b cubic yards which does nth require the cameos at e civil 'rrneued grading'requirements or defined in the chapter. engineer. In)Soils includeRepdatart. The mita the nature;uired by Subsection antRESPONSIBLE PARTY means any user,'paaMyw, shall regarding the cat/totem and , strength of ending soils;conclusions andramlemendatena or operator, age*, or person whooperates, posseues, grading prrt;and damn aroma for comae)mamma occaman hes,manage*or owns realgtw property betana including including buttress lax,d needed CMns - . Reayable party shall also inches the parson Recommendations included in the nowt shall be repdnuba,for gmnip compliance with the chapter gnome incorporated in the grading plantar specricatione,unless the/veationw nonoIctal auge hu been awed to that porton by Milano officer has waived altar somadree recommendations ' IM building oytat at has approved revised recommendations. SITE is any lot or parcel of land,or us combcombinationcombination0) Geology Report. The geology report required by Owed under*.same ownership where re grading is performed geology elof(c),shall Include an&legume Oecamton d the w uq' geologygy of the site,and conclusions en 'on the pndused SLOPE u an inclined ground surface thelarnaton d why renaming the effect of geologic conditions on Ihe.pmprsed is expressed'as..a rata of horizontal &throe to vertical development. tstende Recommendations Included in the report shall be SOIL is maturely oounig superficial deposit,ovxoykc Iranmrated in the grading bed rock. 9n en plans or specifications.unless the STEEP SLOPE is balance/haat has waived all a some of the remmmeMalons progeny on which the natural tartar a at Of has approved revised recommendations. a slope of 3.5 horizontal to 1 vertical;or duper. (j) Issuance.The pro0isona of Section 303 are applicable TERRACE la a relbiwty level step constructed In the fess al to grading permits. The building official may require that the ' e gredad slope surface for drainage and maintenance purpcaee. gradingoperationscis and project desgns be modeled if days (a)Set'70011.Permits Grading Permit ovdedarunte. occur finch call incur weather-generated problems not (a) Required.As provided in Sgon 7003 ad tee considered at the time the rmn was issued. ge mile,no germ nth building ann gradird mamalocal.Sep fra stle pbmitsh• (a) sUM.All aid t theedly'asseciated with each required bee ding per mit lec dmndayisavrboth eatapeysan I Fermi paid to the set loodathe.Smeduled be required for each arca;and may saver bath eacavafar and fess,Section 3of tha'Iwa City Code of Ortnancas. Is' Sec.7007. Reserved. (b) Application. The provisions d Sec. 302(a) ere Sec.7008. Auurbna of Performance. At such time as amicable bes,and shall stale an estimate d the orbic IM grading permit is issued,the building Oficial may feu* mal yards of eanh matmal to be graded, I Cash escrow ed caoricate ofodeposit,performance bonds or a (Cng Pperm and.SDeelliutbna. Each applicatgn bra lobar al credit in order to assure that the work a completed in grading wheel reguW gradin or pndiped grating, 1 acardenra wzh the approvedplans andaleceaumna,and re shall be accompanied by two sets of pans and peogyampa assure al hazardous conditions are eliminated. Said cash Succoring data consul d e soils report and geology reort escrow,aneaceb of shall b,In aormaae bonds or loam d , shag be submitted when required by the building official When, credit.dingprmrred,shall be in an.amount equal to 110%nt engineered grading**oared Wnuenao subsection(d)below, I the grading project but in no event shall the required amount the plans and specifications shall be prepared and signed by♦ ex Coed$10,000 or the cash equivalent. Cad engineer It re the intern of this section that cash escrow,oarless*of (d)Grading Designation.AY grading al 5,000 puck yards dare,performance bonds or loners of erten shall not be or more she be performed in accordance with the approved deemed as a substitution for performance of the work,but Mm grading.plan prepared by a civil engineer,and shall be deep. such monuments shall stand midi as secunry to assure need u•engineered grading,' Grading Invoker Was than compliance with thegrading requirements herein. 5,000 cubic vada shall be designated'regular grading'online Sep.7059. Cute. the srnmu;Mh the approval of the build*almoll access to hen the grading performed as'engineered grading'or the UI Genre. Unless dramas recommended T the bating offal resumes'engineered grading'pursuers to Sec 1 ppmvtl thepiovrg,mkanadgon.agr rens,Cuts shall 7001(g) mnlrml to the Drovasp al ow section. (b) Slope, The slope of cut,sudaces shall be e sleeper (e)wrfonnletlpn an Pena and Sp iblem u, Nay Mal than is safe tor the intended use,and shall be rohe or be dream to era*upon stable rpnauei an media,and Maga the ratio of 3.5 horizontal b I vertical unless port.owner w of ulicient deity to indicate the nature and mere d the wads responsible pant investigation a sods a a geology report;or both, praoosed The pleurae]]also show,a cleat Hartle gradin , dating that an investigation of the.site reveals That a cut at a eywaea wA.conform be the and re ns d the ace end m, Mean elope will nonetheless be stable.antl wig not create a relevant la t of plena rules v and regulations.The IW shoe • 1 hazard to Near to property. L-;. of each shed plena shall give the location/the Meow, (c(Drainage and Terracing, Drainage'and terracing a'w, grading workpre the name and address of IM pmntnby whom I be provided as required by Seam 7012.- tWwreprpared,and the nem and address/the progeny Sec.7010. Fills. owner or d the reeponstbe party to the pmpay. (a) General. Unless otherwise recommended a Ma TM pons shall include include the bidpa mgn: , approved engineering,soils aedlor o 1. General vein W theB bgY igen;Ick chef bproposed she. conform to the provisions of this section. 2. Name and addrusw al adjacent property owners. ! (b) Fill Location. FN 3,5 honhall not he.coytocted an 3. Property limits and accurate tpagraphic map d the natural dopes steeper Iter 3,5 es the a b.l vmcal,:eacept existing twain ash snow enervate at live leu x less (where IM cad engineer determents the slue to be stab*. and delta of area drainage. 1 (e) PreperNbn of Ground. The ground sures shag be 4. Limning dimensions,avera or Minh amens b be prepared to receive till by removing vegetation,abcompN'ng achieved by the grading, and proposed drainage -—— — - channels and Salad construction. S. Detailed plans el all surface and subsurae drainage dense includingwags, ebbing dams aril other prdpopo devices n be constructed with,or as pan of, the raO sed grading work,together witha map Mowing drainage the dareas and the estimated runoff la ar reend am a106yaar return frequencyfrequencyIrrcy storm alaearea to served by any drainsbe instated. 5. it rood any budgrae or etruarreson Me property l where where the proposed grading Is to he performed,together with any buildings or structures on properly adjacent to the proposed grading a the tont the buildings a� structures are wain teamfeel boperty posed grafin, In atlabn, location of any properly which may be grading and hemaid elected by Sr.proposed grakg shall ales heto Moon and Mownthe pen& we 7. Exiting hue that b be retained pursuant to Sec. ajtd. nr,,,,,.r V oLuinr„jai I -- IA topsoil l and other unsuitable meanand by parlyig the I -4 O - ')478 8 win to prawde a bond with the new tat Ware slopes are 5 steeper than five horizontal to oneveltkeland la height d the -kj.Twrilet of jYgpnttMY'Ice AgraseC 0.11411 ', a 1W location ie greater then ten fed,the ground surface ellen be I engineer Or the testing agent of reaad b Hanged dung the 3 J� prepared by benching into mating'Mich edeemedcompdent , cons of any grading wast theerMtel be gapped urea the ' for such benching by a ani engineer.The heath under the Ice tot the , ,of lit on a elms tlwparthan five horizontal to of vertical shag ' endued w�akia withrein to oompoteaa dJwetestep perry • be se lean ten feet wide. The area beyord the toe of lig shall ' anaor the wit ergimer. r either be eloped for sheet overflow,or a paved drain provided. 1 ' sec.7016. Completion of Work. When fill is to be placed over a cut,the bench under the toe of (a) Final Repro. Upon completion of thorough gr I hll shall be t kat ten feet wide. However,In such even.the , war,erd at final compeaon S to grading worn.pe bWprng ' cut Nes be approved by a civil angaeer n a suitable . Oral shall require the lthawing reports,drawings and supple- foundation Mr 141. mann merle to be filed in the deedg radar's office: (d)Fill Intent Vegetative materials shalt not be permq•d 1. Certification from the out engineer that the grading work in Idle except in the top one foot Orig. Except as permned by • wen competed In substanal=mplienawehthe linalappoyd the building official,no rode orsimilar irreducible material sag grating plan,as updated or reused. be placed within Iwo feet of the tinehedgrade. Where an 2. M updated or tamed grading plan prepared by Ml hind excessive amount al irreducible material,s frond.a may be - engmeer,shoeing an re melte mproved bylhe budding dlidaL placed in the fin in horiaonlatlayers not acweding lour eel in Ina pan shall include ground sutace devaans,lot dranage� thckneaa. Each Byer shall be leveed and smoothed by Pasta and buttons and elevation of at wdace:and , choking the surfaceof the irraduciblelmateral with soil ur fine subsurface drainage facilities installed, fragment of rod'. (b) Notification of Completion. The owner,responsible (e) Compaction. NOME on slopes of 6 horizontal la'I party or person requesting the permit shall natty the lace thing venal or steeper Nal be compacted to a minimum ol 00 oliaal ohm the grading Operation s ready fur anal inspector.. percent of maximumdensoy as derived by U.B,C.Standard , Feed epprovel shall not be gieen and au required reams have No.70-1 or equivalent ASTM standards.In-place density shall been sauna anduntil all grading work has been competed be wamhned in accordance with U.B.C.Standard No.70'2, in ecmaance with the final approved grading plane,including 70.3,70-4 on 70.5 or equivalent ASTM standards. indention of all drainage fadlpit and their prmctbe devices el Sop..The elope of fill surfaces shall be no steeper than , and all eroyon:mrdrol measures.Upon granting final approval. Is aalebr the intended use. Fill slopes sande no steeper than the bitty official shall authorize the release of any ambit 3.6ranaoMal to l venire'unless the owner orresponsible party bare depositor end issue a certificate ol compflana. lumshea a soils or a geology report,or both.stating that the Sec.7016. Enforcement. In all uses, the ultimate 6a has been Investigated and that based on their best reaponcbiliy for compliance with this chapter shall rest with tete ,armton,knowledge and.baliel,lin ata slope steeper than owner W the pmpeny;notwithstanding the panicipatbn Of am 3.Shorizontal to avenice'MI nonetheless be table and tie not other responsible part. My violation of the chapter or lines ate•hush to Ida or property. promulgated thereto Nall canteen a nuisance anfay an (g)Drainage&Terracing.Drainage and terracing shall be environmental infralon under both state and local law.tri Such provided for all lilts. Areas above loll slopes.and all fpm event,the Cay may,.al its option,elect to carry Out any one or •urfpee tall be graded and finehed;as requited bySecnbi all of the following remedies: prosecute environmental 7012. infractions under Section 1,Ando II of the Iowa City Coon of Sec 7011. Setbacks. Ordmanwat deny or revokeany pend under this diaper; (a)General. Cul and 1a slopes shall be set back fnem sae abate the nuisance inacaxwith dance wSection 24 of Aria VI boundaries in accordance wnh this sedan. Setback al the Iowa City Code ol Ordinances;and/or abate the nuisance dimmable shall be horizontal dieancea measured under tate law,Chapter 657,lows Coda(1988). L bates shown in the see .7-1.boundary..Setback d'unenabna chaprm.be a in Figure No. 0.1. Tee 1 (le) Tp ofCutsite Slop.TM lea of an oboe Nall be mad l snit` ' no nkat to a sae boundary line than one Mit of the verbala ' • l Magill of an,wan a minimum al two feet and a maximum d en Ian. The setback may need to be increased for any requiritt ani re.. • re..nd w eurceptor drabs ':' Msra • (c)Toe of Flit Slope.The toe of fill slope shall be madeX°' 1 w• T'y'ro yw' � ' warm Moser to the sae boundary line than one-hatl the hephl of the a slope,win a minimum ol two feet and a maximum of wary' ' _ Ian. Where afia slopes to be located near to o see - ' and the precautionsprecautionsadjacent df-spe propeny a already developed:papaf)n 1 precautions May be required'if,.in the opinion of the bu, itl(' anusw mode.. off cal.surd precautions are necessary to protect the edpdirg u.a•a..aN 'properly horn s m damage.These precautonay include,bin are •r� not limned to,the following! Fgum No.704 1. Additional.setbacks. - • ' 2. Provision for retaining wale or slough walls. r 3. MCNaniwlorchemical treatment al the fin slope trade` to Saimaa erosion. a•• 4. Proem,*ion the control of aurae waters - aSECRON M. REPEALER. Al ordinances cid pan of (d) Modification of Slope Location. The building afidil- aOnnaras in corm,ovetn the provisoes a fhb Ordinance to 'may a prow alternate setbacks..The budding official may aeb' hereby repealed. I require anlovestigatnn and recommendation by ache engineer, SECTION N: SEVEIUBILRY.,.l any tbton.provsbnofptt 6 in the opinion 01 the Wilding ahidad,such investgarion a a we Chonence snail be adjudged to be Wald or reasonably necessary to demonstrate the grading hacempfed unconstitutional,such adjudication Meant t affect the validly 01 wed the awe of this seam. the Ordinance as a whole or awry section,,wayson cc pail Sec.7011.1 Tree Protection.Indiana'trees that are eo be' • thereof not edged Invalid or unc0naduliatel ^ I retained shall be protected lrem injury dung any grading week ' SECTION V. EFEFCI1VE DATE. The Ordinance slag be'N in me bnvwinp manner. u tea per le foal passage, proved and publication es ' 1) A barricade shall be erected along the den kine or min- required by lax. retained Kees. p, -.and approved the 2nd day of October. 2) Grading nqupmerl may not be parked or shared*Orr / the drip line of any such named trees • 3) No mil or rubble shall be added to or removed fair) //////'I I within the drip line of said trees. /Lr cL , 41 UMW trending lechnpues Nun ret be used vat, YOR .a retained tress,nor whims the dripline of retained trey.'. Sec.7012. Drainage and Terracing. `e (e) Crenate,. Unless otherwise edrated on In appro'wd' i eat grading pan.drainage fedlama'end terracingsall conbrm_b' ATTEST: //Ifun in tie 4 'est> on the prevelow ofthis eectlon ler art or fit elopes steeper thin' CITY RK ^• so horizontal to one vow. 198315 October 115,1990 (b)Tartan.in ado a control a urea drainage and delve. terraces an least sit feel m wdm anal be astaashed awe mon than 30400t venial intents on t cut or Ill slopes.' Where only one terrace is tenured,It that be established el a•mvergff. Fatal or fin elopes greater tot 60 fees and psi 120 her re rental height,one terrace at pproshaley md- heght snag be twelve feet Med&Terrace with,and eporg' M a and 10 slopes greater than 120 leer it height shall be designed by the evil',engineer and approved by;the building. dfcW. Suitable access shall be,provided to permit. deeneg and maintenance. Swten tenchesn loran shall hevea:Mimi m grti n d tine percent.and meat be stabilized with an proved waion-hee channel Said strafes or cinches that also have a1 minimum depth at the deepest point of one bot and e minimum wait el lee.lest unless a civil engeeer can demonstrate it smelt channel I appropriate. ���:.t The capacity of lawns or dash[hal be adequate town the 100-year realm frequency storm ler the tMutattarwa (c) Subsurface Drainage. Cut end.1a slopes shall be prowled win affiurace drainage,where such drektee le reasonably necessary to acheve stabildy. (d) DsposaL Aid drainage edict seal be designed-p Carey waters a the nearest improved drainage way. Enmonhi the area d discharge shall be Prevented by keening not' *rave down drains or other devices.as needed. Bending pada shall have a drainage gradient of two persddl from the lading pad toward approved drainage facings:unless waived by the budding official EXCEPTION: The gradate from the twang pad may he one percent E dtor One blbw,g contain exist throughout the conk area: , 1. Proposed fed are no greater than ten feet in masinn.e depth. 2 Proposed finish ms or Id slop Ines have a venial height no greater than ten that. 3. Existing slope faces witchhave a slope lace sleper than ten honontallyto one vertically Nall have a vertical height-no greeter than ten feel (e)Interceptor Drone.Interceptor drains shag be installed along the top dal cut slopes where the tributary drainage net been Manelued,and mere es pot emlal ler conlnued motion. Op.7013. Erosion Control. (a) Slope. The lean of cul end fill sbpes.ahell be pa- pared and maintainedaccaccordancewith Design Slandaistsj r 1 a accordance Pubke Works Improvements, Section X -Erosion and Sadpemdoa Control. (le) Other Devine. Cad dams,cribbing,.rprap or oA'er. I dames or methods Nall be employed where reasonably • necessary to control erosion and provide safety. - . Sec.7014. Grading Inspection. (a) General. Ad grading cannons for with a armlets remind shall be subject to inspection by the building official. When required by the building Octal,special esoection of grading operations end special testing shall be piloned4o accordance wait the provisions a1 Sean 306. (b) NotakeNwn N Nenoanpl•rtw 'd,in the Course_d Mang their reponaownt under the chapter. e oar engager rage tong agency fide mar the grading work is not being done in cenbrmarce with this chapter on dot ref conform tithe moored grading pen,the deempendesehas be reported to the caner of the many. lithe deaepennee mann.The Cnd Edgeerorae tram teener a reaontrife ' Jetsam'sod daapeec—bet Wtleg fol _ -' ORDINANCE NO. 90-3479 AN ORDINANCE TO AMEND CHAPTER 32, SUBDIVISION REGULATIONS, TO REQUIRE A GRADING PERMIT FOR SUBDIVISIONS IN ENVIRONMENTALLY SENSITIVE AREAS. WHEREAS,the City of Iowa City's 1989 Comprehensive Plan contains a policy to preserve and protect environmentally sensitive areas as identified by the City; and WHEREAS, environmentally sensitive areas have been identified as areas with steep slopes, flood hazard areas, wetlands, and areas traversed by natural dralnageways; and WHEREAS,the monitoring of grading and excavation through the requirement of a grading permit and engineered grading, in certain areas, are deemed to be two appropriate measures to achieve the protection of these identified environmentally sensitive areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION I. AMENDMENT. That Section 32-27 be amended by adopting the following: (c) A grading plan pursuant to Section 8-17(23), Iowa City Building Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the 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 2nd day of October, 19�.. Oa , /'' •YOR ATTEST: `1y2�,/f l i a -k. Kp e AD CffY CLERK App.. .. .y ` . omey's i ice • • . L)" It was moved by Novick and seconded by Kubbv that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick First Consideration 9/4/90 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration 9/18/90 Vote for Passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. Date published 10/10/90 CITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5000 • STATE OF IOWA ) SS JOHNSON COUNTY I , Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No . 90-3479 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of October ,19 90 , all as the same appears of record in my office and published in the Iowa City Press- Citizen on the 10th day of October , 19 90 Dated at Iowa City, Iowa, this 15thday of November ,1990 . !i . I%. Mari .n . 'arr, ity er Printers fee SLC9' CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County. ss: THE IOWA CITY PRESS-CITIZEN OFFICIAL PUBLICATION ORDINANCE NO 90-i:.79 AN ORDINANCE TO AMEND CHAPTER 32. SUBDIVISION REGULATIONS. TO REQUIRE A GRADING PERMIT FOR Sharon Stubbs, being duly sworn, say SUBDIVISIONS IN ENVIRONMENTALLY SENSITIVE AREAS that I am the legal clerk of the IOWA WHEREAS Ine Gee or!Owe ON'S C-0mpeharyye Plan CITY PRESS-CITIZEN, a newspaper comma a policy to preserve and puleC1 environrnemalry published in said county and that a sanaraNe elects as'oemXed by the CM and WHEREAS. envepnmemally sensnne areas nave been notice, a printed copy of which is hereto aemiied as areas watt steed elopee nooc hared areas wetlandsand areas traversed by natural dranageways,end attached,1was published in said paper WHEREAS Inan,onnor,rgofgrading andexcavation through lire requuemem Of a grading berme and engmeerad grads%in time(s), on the following Certain areas are deemed to be two approgW manure{to (late(s)t achieve the protection a Irrese centered enm yronemally Sentene areas � NOW. THEREFORE. BE IT ORDAINED BY THE CIT' `1 C , l ( ( ?? COUNCIL OF THE CITY OF IOWA CITY SECTION I AMENDMENT That Section 32.27 be amended by wooing we rorrowmg (C) A grading plan pursuant to Section 8,17(23) Iowa Crly - Bruroing Cone. Sr' SECTION II REPEALER. All ornances and pans o, • oroances yt Coati cm web IIre pravrs.ons of;ore Ordinance Sr. hereby repealed. SECTION III SEVERABILITY X any section.prnsaon of pen of the Ordinance snail be aotudged Io be award or Legal Clerk unarm-mirk/bona.such adtudicaeon snag nor area the validity of the Ordinance as a whoa,or airy section.poetiett Or part thereof not adjudged avoid Of uncornmueonal. l' SECTION IV EFFECTIVE DATE This Ordnance that ber Subscribed and sworn to before M enact atter as boat passage. approval and pUplCaapn as required by law day of Passed and approved Mrs :ni ;i . �i Ilic-h,r. this (yo• Giv. A.D. , c. l�•/lr,-. SAAYOR 19 C waw[Lw1 x-/?_4--ad ATTEST, )2,,']v:7 s f �iL•L. CITY CLERK u h i i e 083.41 October 10,1990 CARET RIOS CITY OF . IOWA CITY CMC CENTER 410 E. WASHINGTON ST. IOWA CI1Y; IOWA 52240 (319) 356-5C00 STATE OF IOWA SS JOHNSON COUNTY I , Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 90-3480 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of October ,19 90 , all as the same appears of record in my office and published in the Iowa City Press- Citizen on the 24th day of October , 1990 Dated at Iowa City, Iowa, this 15thday of November ,1990 AMari K. Karr, City Clerk carck ORDINANCE NO. 90-3480 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY; IOWA BY REPEALING ARTICLE VI AND ADOPTING A NEW ARTICLE VI, TO BE -CODIFIED THE SAME, REQUIRING ADVANCE NOTIFICATION OF PUBLIC DEMONSTRATIONS, BANNING CERTAIN RESIDENTIAL PICKETING, AND PROVIDING FOR THE REGULATION THEREOF,TO BE KNOWN AS "DIVISION 1. PUBLIC DEMONSTRATIONS;" AND FURTHER PROVIDING FOR THE REGULATION OF PARADES, MARCHES AND PUBLIC ENTERTAINMENT, BY ESTABLISHING STANDARDS FOR THE USE OF PUBLIC WAYS AND FOR THE ISSUANCE OF PERMITS, TO BE KNOWN AS "DIVISION 2. PARADES, MARCHES, AND PUBLIC ENTERTAINMENT;"AND FURTHER PROVIDING FOR THE COMMERCIAL USE OF PUBLIC SIDEWALKS IN COMMERCIALLY ZONED DISTRICTS, TO BE KNOWN AS "DIVISION 3.COMMERCIAL USE OF SIDEWALKS IN COMMERCIAL ZONES;"AND FURTHER PROVIDING FOR THE RENUMBERING OF ARTICLE VII IMMEDIATELY THEREAFTER, TO CONFORM TO PROPER SEQUENCING OF CODE SECTIONS. WHEREAS, the City of Iowa City has a duty to protect the public order and to assure the safe use of its public ways which have been dedicated to the public, and at the same time protect citizens' First Amendment rights of freedom of speech and association; and WHEREAS, it is in the public interest to require advance notice of public protests, and to adopt certain reasonable time, place and manner restrictions on use of public ways, in order to assure safe passage and conduct for its.citizens, and to protect the safety, health and welfare of the community as a whole; and WHEREAS, the City Council deems it in the public interest to adopt certain new regulations to ban residential picketing which focuses solely on individual residences or dwellings, in order to protect the privacy of its residences and assure the tranquility of the City's residential neighborhoods; and WHEREAS, the City Council finds the Ordinance herein to be a proper balance between freedom of speech and protection of public order and of its public ways, and wishes to adopt said Ordinance. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. Article VI, Chapter 31, of the Code of Ordinances of Iowa City, Iowa, be and is hereby repealed in its entirety, including Sections 31-134 through Section 31-144 inclusively, and the following new Article VI, Divisions 1, 2 and 3 be adopted in lieu thereof, to be codified to read as follows: "ARTICLE VI. USE OF PUBLIC WAYS DIVISION 1. PUBLIC DEMONSTRATIONS. Section 31-134. Definitions. (a) Picket - A person or persons protesting through the use of signs, placards, or similar devices. (b) Protester- A person or persons protesting or advocating some idea, position, or policy. (c) Demonstration - A gathering together of a group of persons on a public sidewalk or public walkway to advocate or discuss political, social, civil, or religious policies or ideas. Demonstrations include picketing and protesting. (d) Public way - Any public street, alley, roadway, sidewalk, walkway, right-of-way or public way designed for vehicular, bicycle or pedestrian travel and dedicated to public use. Ordinance No. 90-3480 Page 2 Section 31-135. Use of Sidewalks for Picketing, Protesting and Demonstrating. Picketing, protesting and demonstrations shall be conducted only on public sidewalks maintained by the City or other public walkways. No picketing, protesting or demonstrating shall be conducted on that portion of the streets used primarily for vehicular traffic. Section 31-136. Interference with Business or Public Facility. Picketers, protesters and demonstrators shall not block.or obstruct free passage of any pedestrian or vehicular traffic, or interfere with ingress or egress to any business or public facility. Section 31-137. Focused Residential Picketing and Protesting Prohibited. No person or persons shall engage in picketing, protesting or demonstrating before or about a residence or dwelling where the picket, protest or demonstration focuses solely on the residence or dwelling of a particular, identifiable individual. Section 31-138. Advance notice of Proposed Picketing, Protesting or Demonstrating. Any person or persons planning to picket, protest or demonstrate shall give the Chief of Police or designee at least one hour's written notice prior to the event. This written notice shall include: (a) Name and address of the organization, organizations or individuals planning to picket or demonstrate. (b) The location of the demonstration, protest or picket, including street address. (c) Date, starting time, hours, and duration of the picket, protest or demonstration. (d) Estimated number of persons participating in the picket, protest or demonstration. For purposes of this Article, the Chief of Police shall be deemed notified upon receipt of the written notice at the Iowa City Police Department located at 410 E.Washington, Iowa City, Iowa. Section 31-139. Duty to Disperse as Directed by Police. (a) Police officers are authorized to disperse persons who are picketing, protesting, or demonstrating whenever such picketing, protesting or demonstration is in violation of this Article and poses a threat to public health, safety or orderly flow of traffic. (b) It shall be unlawful for any person to refuse to disperse or move on when so directed by a police officer, as herein provided. Section 31-140. Criminal Trespass for Obstruction of Public Ways. Whenever the free passage of any street, sidewalk or public way in the City of Iowa City is obstructed by picketers, protestors or demonstrators, and such obstruction continues after a'police officer has requested dispersal and removal, such obstruction shall constitute the public offense of criminal trespass. DIVISION 2. PARADES, MARCHES AND PUBLIC ENTERTAINMENT. 31-141. Definitions. (a) Parade-A march or procession of persons, vehicles or other forms of transportation such as bicycles in or upon a public street, alley, sidewalk, park or public way when that march or procession necessitates or results in the exclusion of use of the public way by others. (b) Public Entertainment - Any activity or event which features music, drama, theater, fireworks, road race events, athletic events,displays,exhibitions,circus,or carnival events whose primary purpose is to amuse, educate, entertain or provide an exhibition, and which activity takes place or which is intended to take place on or about a public street, alley, sidewalk, park or public way when the activity necessitates or results in the exclusion of use thereof by others. (c) Public way - Any public street, alley, roadway, sidewalk, walkway, right-of-way or public way designed for vehicular, bicycle or pedestrian travel and dedicated to public use. Ordinance No. 90-3480 Page 3 • (d) Pickets, protests and demonstrations using public sidewalks which are conducted in accordance with the provisions of Division 1 of this Article are exempt from the provisions of this Division 2. (d) Funeral processions are exempt from the provisions of this Division 2. Section 31-141. Permit. (a) It shall be unlawful for any person or group constituting a parade, march or public entertainment to occupy, march, or proceed upon or along any sidewalk, street, alley, park, public place or public way in Iowa City without first having obtained a permit from the City Manager, as provided in this Division. (b) All parades, marches and public entertainment shall be conducted in accordance with the provisions of the permit issued by the City Manager, and shall be in compliance with all applicable state and local laws. Section 31-142. Permit Application. (a) An application for a permit containing the information required herein shall be filed with the City Manager by any group desiring to use any street, alley, sidewalk, park or public way as provided in this Division. All applications shall be filed at least ten (10) days in advance of the date of the requested use. Applications shall be made on forms prepared by the City Manager, and shall contain information required by this Division. The City Manager shall have a reasonable time to grant or deny the permit. The length of time which is reasonable shall be determined by the type of use requested; the information supplied; the time of filing of the application; and the extent of advance preparation and planning demonstrated and reasonably required. (b) If timely requested as above provided and in the event no action has been taken by the City Manager by the day of the event, the permit shall be deemed granted. (c) The City Manager shall grant or deny the permit, in writing, according to the standards set forth in Section 31-144 herein, and shall mail the written decision to the applicant by regular mail or personal delivery. The City Manager shall immediately forward the grant or denial of the permit to the City Council. Section 31-143. Application Form. (a) The application form for the use of any street, sidewalk, roadway, alley, park or public way shall contain the following information: 1) Name and address of the applicant and the sponsoring organization, if any. 2) The type of event that is planned, namely, parade, march, public entertainment, or type of public display. 3) Proposed location or locations. 4) Expected size of the group. • 5) Date, time and expected length of the use. 6) Name and addresses of the person or persons to be in charge of the proposed use at the specified location. 7) Names and addresses of any persons to be featured as entertainers or speakers. 8) List of mechanical or electronic equipment to be used. 9) Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 10) Number and type of any animals to be used. 11) A description of any sound amplification to be used. 12) Proposed monitoring of the group, including the number of people who will direct traffic, set up, clean up, and maintain order if necessary. If special duty police are required, the application shall set forth the number to be employed by the applicant. _ �5 Ordinance No. 90-3480 Page 4 (b) The application shall include an agreement pursuant to which the applicant shall agree to indemnify, defend and save harmless the City of Iowa City, together with its agents, officers and employees, from any and all claims, lawsuits, damages, losses and expenses, of whatever nature, which may result from or arise from the activity or event covered by the permit, including use of public ways, irrespective of whether said claims are frivolous or meritorious. Section 31-144. Standards for Issuance. The City Manager shall examine the application, and shall grant or deny said permit based upon the following standards: (a) In light of the date and time of said proposed use, whether the use will unreasonably interfere with the privacy, safety, security,convenience and tranquility of the residents or inhabitants of the area. (b) Whether the proposed street, alley, sidewalk, park, roadway or public way can accommodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be provided by applicant. (c) Whether the proposed use or activity is compatible with the normal activity of the proposed public way or park at the requested time or date. (d) Whether the application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. (e) Whether the event will interfere with another event for which a permit has already been granted. • (e) Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traffic. (f) Whether the use would require the excessive diversion of police from other duties, or substantially interfere with the City's firefighting operations. Section 31-145. Grant or Denial of Permit. (a) On the basis of the above information, Sections 31-143, and applying the standards in 31- 144, if the City Manager finds that the proposed march, parade or public entertainment does not substantially interrupt the flow of traffic; does not create an undue health hazard; does not unduly impinge on the area inhabitants' privacy, peace, and tranquility; does not unreasonably obstruct pedestrian and vehicular traffic; does not substantially conflict with the public health, safety and tranquility; and is compatible with the normal activities of the requested location at the requested time and date, then the City Manager shall grant the permit. (b) If necessary, the City Manager may set forth terms and conditions required to protect the public's safety, welfare and tranquility. Such conditions, if established, should be specific as to the following: 1) Time, date and place of the permitted activity. • 2) If a parade or march, the route and staging area. 3) Number of monitors or policing personnel required for safe use of the park or public way. 4) Reasonable insurance requirements needed in order to protect the City right-of-way and to protect. against injuries to persons and/or property resulting from the Applicant's use of public right-of-way. (c) Nothing contained in or omitted from said permit shall be deemed to be a waiver of any applicable local, state or federal law. Ordinance No. 90-3480 Page 5 (d) Review by Council of Grant or Denial. Upon receipt of the written grant or denial of a permit pursuant to this Division,the City Council may, upon its own motion,determine that it shall review the City Manager's decision. If a majority of the Council determines that the action should be set aside, the Council may set aside the action of the City Manager. The Council may grant or deny the permit. If the Council takes no action within ten (10) days after the permit is denied or granted, the City Manager's action shall stand as final. Section 31-146. Appeals. (a) Any party aggrieved by the City Manager's decision to grant or deny a permit under this Division 2 may appeal the determination to the City Council if, within ten (10) days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council at its next regularly scheduled meeting. (b) Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's decision. Section 31-147. Revocation. After a permit is granted under this Division 2, in the event it is determined that the applicant has misstated any material fact in the application, or that there is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred, the City Manager or the City Council may review such application and revoke such permit if not in compliance with this Article. Such permit may also be revoked when it is determined by the Chief of Police that by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation. DIVISION 3. COMMERICAL USE OF SIDEWALKS IN COMMERICAL ZONES Sec. 31-148. Permit for Commercial Use. (a) Sidewalk Days. The City Manager is authorized to issue no more than two permits in any one calendar year to businesses or business organizations for the temporary use of sidewalks for commercial sales in commercially zoned districts. Such permits shall be limited to the temporary use of sidewalks abutting said businesses or business organization, and shall be limited to no more than two days for any one permit. All other commercial use of public right-of-way shall be prohibited unless such use is authorized by the City Council, by resolution. (b) It shall be unlawful for any businesses or business organization to use the public sidewalks in commercially zoned districts for commercial sales promotions without first having obtained a permit from the City Manager, as provided in this Division 3. Section 31-149. Permit Procedure and Standards for Issuance. The permit application and issuance procedures set forth in Division 2, Article VI, shall govern the permit requirements of this Division 3. Section 31-150. Permit Provisions Shall not Apply to Peddlers or Solicitors. The permit provisions of this Division shall not apply to peddlers or solicitors, as defined in Chapter 26 of the Iowa City Code of Ordinances." SECTION II. The existing Article VII, Chapter 31, entitled "Right-of-Way Sign Permits," Sections 31-145 through 31-157, inclusive shall be renumbered in sequence, said enumeration to follow the above new Article VI, Sections 31-134 through 31-150 inclusive, to be carried out by the Code Editor, as appropriate, and to be recodified as same. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. 90-3480 Page 6 SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 16th day of October, 1990. MOS-e-a AYOR ATTEST: 77'a14.a.J /1/. -&4.1 CITY CLERK Approved by •ity Attorney's Office sa legal/chptr3l.ord It was moved by Larson , and seconded by Novick that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X MCDONALD X NOVICK First consideration 9/18/90 Vote for passage: Ayes: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Nays: None. Absent: None. Second consideration 10/2/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Courtney. Nays: None. Absent: Ambrisco, Horowitz. Date published 10/24/90 RR- * 9D- 34 B0 eskOFFICIAL PUBLICATION c�• ORDINANCE NO. 90-3580 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY;IOWA BY REPEALING ARTICLE VIAND ADOPTING A NEW ARTICLE VI,TO BE CODIFIED THE SAME, REQUIRING ADVANCE NOTIFICATION OF PUBLIC DEMONSTRATIONS,BANNING CERTAINRESIDENTIAL PICKETING,ANDPROVIOING'FOR THE REGULATION THEREOF,TO BE KNOWN AS"DIVISION 1.PUBLIC DEMONSTRATIONS,'AND FURTHER PROVIDING FOR THE REGULATION OF PARADES, MARCHES AND PUBLIC ENTERTAINMENT,BY ESTABLISHING STANDARDS FOR THE USE OF PUBLIC WAYS AND FOR THE ISSUANCE OF PERMITS,TO BE KNOWN AS'DIVISION 2.PARADES, MARCHES,AND PUBLIC ENTERTAINMENT;AND FURTHER PROVIDING FOR THE COMMERCIAL USE OF PUBLIC SIDEWALKS IN COMMERCIALLY ZONED DISTRICTS,TO BE KNOWN AS 'DIVISION 3. COMMERCIAL USE OF SIDEWALKS IN COMMERCIAL ZONES;' AND,FURTHER PROVIDING FOR THE RENUMBERING OF ARTICLE VII -- IMMEDIATELY THEREAFTER,TO CONFORM TO PROPER SEQUENCING OF CODE SECTIONS. WHEREAS,the City of Iowa City has a duty to protect the public order and to assure the sale use of its public ways which have been dedicated to the public,and at the same lime protect citizens' First Amendment rights of freedom of speech and association;and WHEREAS,it is in the public interest to require advance notice of public protests,and to adopt certain reasonable time, place and manner restrictions on use of public ways,In order to assure safe passage and conduct for en citizens,and to protect the safety;health and welare of the community as a whole;and WHEREAS,the City Council deems it in the public interest to adopt certain new regulations to ban residential picketing which focuses solely on individual'esidences or dwellings.In order to protect the privacy of its residences and assure the tranquility of the City's residential neighborhoods;endsu WHEREAS,ilia City Council finds the Ordinance herein to be•proper balance between freedom 01 speech and protedwlr ''7 of public order and of its public ways,and wishes to adopt said Printers fees r ( 7 Ordinance. NOW, THERFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA,THAT. CERTIFICATE OF PUBLICATION SECTION I. Aniale VI,.Chapter 31, of the Coda of Ordinances cif Iowa City,Iowa,be and is hereby repealed in hs STATE OF IOWA. Johnson County. ss: entirety,including Sections 31.134 through Section 31-144 inclusively,and the following new Article VI,Divisions 1,2 and THE IOWA CITY PRESS-CITIZEN 3 be adopred in treu thereof,rob.ccditied to read'as follows; 'ARTICLE VI. USE OF PUBLIC WAYS. DIVISION 1. PUBLIC DEMONSTRATIONS. Section 31934. Definitions. (e) Picket-A.person or persons protesting through the use of signs,placards,or similar devices. (b) Protester - A person or persons protesting or I, advocating some idea,position,or policy. Sharon Stubbs, being duly sworn, say (c) Demonstration-A.gathering together of a.group of persons on a public sidewalk or public walkway to that I am the legal clerk of the IOWA advocate or discuss political.social,civil,or religious CITY PRESS-CITIZEN, a newspaper policies ass Demonstrations include picketing ieprotesting published in said county, and that a (d). and way - Any public street, alley, roadway, sidewalk, walkway. rightal-way or public way notice, a printed copy of which is heretodesigned for vehicular,bicycleor pedestrian travel and dedicated to,publicuse. attach,d, was published in said paper Section 31-135. Use of Sidewalks (or Picketing, • time(s), on the following Protesting and Demonstrating. Picketing, protesting and demonstrations shall be date(s): conducted only'on public sidewalks maintained by the City /1 other public walkways. No picketing, protesting or D -yam ` I 't / ? 9 0 demonstrating shall be.conducted on that portion of the (/J Y` 7 streets used primarily for vehicular traffic. Section 31-135. Interference with Business or Public Fe oil ily. Picketers,protesters dnddrettia shall net block fatany or obstruct tree passage at any pedestrian or vehicular or traffic,or interfere ilM1.ection 1.or 7 egress tou any eadineea � C/]4 � � or public facility Section 31.137 Focused gpstlennal "-h/��/ {� Pidc :ng and n otriper ons18shatl. No person do or persons shall engage boue intresidence 01 Legal Clerk protestingwellinhedemepicketingoteer oydetionitr rtionfcuses g sotuingwhere the resdencprodwelling if a,pan¢usee idents onfthe residence or.tlwelung,ol o,Particular. Nentlbeaan-nee.Aal.v Subscribed and sworn to before me Secng'or erncAdvance noticeol Proposed Picketing, ProtestingOr eemnor pperng. A�1-�}���� ons person oll give the:planning to por d sigprotest or 32_ da of O demonstrate e noticefala'nPolice edesignea al is this __ y L. A.D. least.one hours written notice prior ea'the event. This written nonce shall.include (el'. Name and address OLihe organization,organizations r individuals planning to picket or demonstrate. 19 PO. fib) The location'of the'demonstration,protest or picket, ;Including:vget address. (c) b'Dotars,, time,hours. ,and d uration of the picket,doled or demonerration. Id) Estimated numberof persons participating in the Notary Public picket,protest or demonstration. For purposes pnsAniclofheCwriof Police shall be deemed n0upon.receipt the written poach at the MARST Potica'Depatlmertl sled at 410 E Washington. Iowa City,tw q• p�y SectionPolice oyic Duty fDensest sperse personsd byPolite. f�� p(��7 p� (a) P Ic er are hot end disperse heluno are picketing.protesting;or eemonseanng whenever such picketing, protesting or demonstration M in violation ofto this Article and poses a threat to public health,salary or orderly flow llc. (tel It shall be unlawful for any personaorr toto refuse to disperse or move on when so directed by a police officer.as herein provided. Section 31-140. Criminal Trespass for Obstruction of Public Ways. Whenever the gee:passage of any street,sidewalk or pubes way in the City el Iowa Clly is obstructed by picketers. protestors or demonstrators,. and such Obstruction continues after a police officer has requested dispersal and removal.such obstruction shall conY.huee the public offense of critrinalarespass. DIVISION 2 'PARADES,MARCHES AND PUBLIC ENTERTAINMENT 31-141. Definition,. (a) Parade-A meth or procession of persons,vehicles or otner for{tccl transportation such as bicycles in or upon a public#teal,alley,sidewalkk park or public way when that march or processionnecessitates or results in Os eawauwon al use of the public way by others. (b) Public Eiltertainmefl'O yplMty or event which features music.drlalw,thealm.lbeearks,road race I events,athletic events,displays,erhlEilions,circus,o arnival events whose primary propose is to amuse, educate,entertain or proeide an exhibition,and which activity takes place or winch is intended to take place on r shout a public street.alley,sidewalk,park or public way when the activity necessitates or results in the eacluskn of.use thereat by others. let Public way • Any public tired. alley, roadway, sidewalk, walkway. right-of-way or public way designed for vehicular,bicycle or pedestrian naval and dedicated t0 public use. (di PShets, pretests end demonstrations using public ' *90. Mt() -Section 31-143: Grant or Dental et romp, - - lal On the basis of the above information,Sections 31- ' 143,and applying the etardarde in 31-144,If the City Manager Ands that the proposed march,parade or public enteneinment does not euhstandally Interrupt the flow of trafficdoes notcreate an undue health hazed; does not unduly impinge an the area inhabitants'privacy,peace,end tranquility;does not unreasonably obstruct pedestrian and vehicular Vattc; does not asbstamialy conflict with the public health, safety and tranquility„ l:.compatible with the OFFICIAL PUBLICATION normal activities of the requested location at the sidewalks which ere conducted in accordance with the requested time and date,then the City Manager shall provisions 1 Ow ion I f thisArt le exempt from grant the t the pros f N, 0 exl' 2 I Ibt If necessary,the.Cry Manager forth may set lo ,l tett' (d) Funeral processions saempf from Thep visions of and condi ns q ireand protect the public's safety, , to p o 2 all a tltranquility.Su hm df s,hestablishad, Section 31141 Permit shouob date and mthe following' (a) IIshaltbeunUwlul,for any person orgroup constituting 1) Time, and place of thetermiedgniviry, a pa de arch or,p blit tenainment.to occupy, /3) al a Ps ro arm ch iho g ril ntneire uir d m cM1 proceed Upong any sidewalk street, I 36 Number of ofln rk l gp personnel required alley,park,public placeorpublic way in Iowa City Reasonable 1 onsf r nce pielc way nts wth t 1 t h ing.obi ed a p mit from the;City ) 4) tinsurance requirements right-of-way m 1 needed in M 9 sp video thisDivision orderto protect the City ypI y end to (b) Alt parades,marches antlpubl,c entertainment shallhe \ pd,uect against injuries to persons and/or property conducted in accordance with the provisbns of the % IIIng from 0a Appliumsusaol public right-permit s issued by the City M and s Manager, hall'be-in of-way. c° pl e with alt appl abl nage,and l laws (c6 Nothing conted in or omitted from sad permit shall Seclinn 31.142. Permit Application. be deed t bo a waiver of any applicable Man lel Anapplicationear ape mit-containing the information state o f d Ilaw, required herein shall bNed with the City Manager by (tll Review eby rg until of Granth Genal. Upon receipt of any group desiring to use any street,alley, theDivwant grant° nial of a pound pursuant to this park public way asprovided in this Division All determine latthae tryhshelCouncil may,upon its Managier' applications shall be Ileo at least ten(101 days in determ that It shall reviewtheCity Manager's advance I the dateof the requested use decaItj by of theCouncil determines that Applications shall be made on forms prepared by the the:action should be set as de the Council may set Cityanager,end shall contain.information required aside Ne action of the City Manager. The Council bye lhs Division The Cay Manager shall have a I • may grant or deny the permit, If the Council takes o reasonable time to grant ordeny thepuma The I action within t ageaaftertheorshamltadasifB length offm which is reasonable shall be determined granted,1'theCitya Manager's action shall stand as boat. by thetype of se requested;the nformatinsupplied; SectionelAnp1 t aggrieved Appeals the time of tilling of the application;and the extent of 1 1 grant 'ory party sen a p rmit under Division decision may advance preparation end planning demonstrated and anent or hedent a perms under this piuncil 2 may reasonably required PPeal') determination altar the d the Citythe'p tt il„within (b) Il timelyrequestedes above provided and in the event ten (10) days alter the d Isms, the parry Ides a no action has been taken by the City Manager by the written hearing of appeal with the Cry Clark In such day of the event,the pe nshell be deemed event, ting shall beheld by the Chy Council at its; (c) The CityManager granted. opo,regularly scheduled ting. shall grant ar.deny the perms;in (b) Upon such hearing,thCity Council may,based upon writing,according to the standards set Wenn Section 31-144 herein, a shall mail the written decakn tothe standards enumerated herein, arse,affirm or r Ion 31 Y regard tion. Manager'sdedsion. theapplicanterregular personal ecis The Section per Revocation. City Manager byhaimmediately forward the grant or denialnch permitto theCity Council to r a 5P mgrantedunderthisDivision 2,in the Section 31143 Application Form. event itis factdetermined th that applicant has blas bstaany al (a) The application tom for the use of street, material tact in the application,eorn tihareisasubstanthe sidewalk, roadway, alley, park or public way shall and material variance between the Information In the cont i th follog information: PP gafon and theactual tensor those factsens.which appear w 1) Na and address of the applicant and the reasonably to haveoccurred,the City Manager or the Coy sponsoring organization, f any Council.not such application and revokeusuch 2) Th type I event that Planned,namely,parade, permit il not. compliance with thisdetermined Article, Such permit march public enters ment or type;of public, may alo be revokedwhen d istl t r n dby the Chief of display. Police that by reason of disaster,public calamity,not or other emergency, the. public safety .requires such 3) Proposed location or locations 4) Expected size of the group. rewSION 5) Date,time and expected length of the use. DIVISION 3. COMMERICAL USE OF SIDEWALKS' 6) Name and addresses of the parson or persons to COMMERICAL ZONES becharge of the proposed use al the s died Sed.SidewalkdePermitsfor Commercial Manager Use. locator DBC (a) Days. The City Men g r o authorized to ]) Names and.addresses of any persons to be issue nom a than two permits in any ane calendar featured as.entertainers or speakers. yearor rt'use businesses or business organizations for the el List of mechanical or electronic equipment to be temporary use of sidewalks for commercial sales in used. commercially em off dirt'useo Such lkaparrotabutting ishall ngeby 91 Number type of any motor vehicles or other limned to the temporary of sisewalks abutting said forms of transportation to be.used, including limbusinesses ormore business two days ando o shall be bicycles All otdher to o it days for any permit to)Number and type of any animals to be used.. prohibemese commercial use of public rigntgbway shall be II)A de pion of any and a plil'calon to be I prohibited Council, byresolutionunless use is authorized by the City used t21 d o itoring f the g p including the (b) It shall be nlawl I for any b s s or business number of people whowill direct traffic,set up, commerciallyorgameio toa e the for sidewalks in clean up,.and maintain order h necessary. If zoned fst smog for commercialed'.permit sales special duty.police are required,the application I thpromotions City iho g frst haired bth edr i in3from shall etfory the number to be employed by the the Manager,9t Pro edu in end Standards da applicant Section 31948. Permit Procedure for (b) The application shall include an agreement pursuant Issuance. which the applicant shall agree to:beemndy,defend I The.Di permit applicationee VI,'issuanceprocedures m set and save harmless the City of Iowa Ciry,together with ,00h in Division 2, Anid° VI, shall govern the perms its agents,officers and employees,from any end requirements of this Division 3, Section 31 claims,Ilawauna,damages,losses and¢sponsea,Of - 96a. Permit Provisions Shell nal Apply to whatever nature,which may result from or arise from Peddlers or Solicitors. the activityo t covered by the perms,including The orrmhprovisions efi ed Divisionshall26 nothe Iowa use of.publow ysa spective of whether said claims peddlers of Ordinances rd ;,as defined in Chapter 26 of the Iowa are frivolous meritorious. City TION of Ordinances. ed Section3144h Standardsfor Issuance. SECTION II. Thegnds Nil 145 through r3l,5157 The City Manager shall examine the apprcation,and Right-of-WaySig IPermits,-I nbns 31 145 through31-157, shall grant or deny;said permit based upon the following Inclusive shall renumberedIn sequence,sad enumeration to standards. g )olio the above new AnnieVY Coda 31134Nmugh3t-150 gal In light of the date and time of.said proposedinclusive,tobe earned out by the.Code Editor,as appropriate, use I and tobetemdlied as same whether the use will:unreasonably and with the i1 SECTION ill REPEALER. All ordinances and pans of privacy, Icy, rby convenience and tranquilityol ordinances in conflict with the the residentso inhabitants of the area hereby taperetl. provisions ITh Ordinance are (b) Whether theproposed street,alley,sidewalk.park, SECTION IV:SEVERASICITy. II any adway opublic ay can accommodate the group or section invalidivlaloro use,based both group lee and on health and pan o6 theM1 II adjudged tobei I sanitationfacilities,whether available onto beprovided I intisuchadjudicationstrath proPsion or partt by applicant. Pr the'Ordinance as a whole or any section,proWeo4 (c) Whether theproposed use or activityi thereof net adjudged invalid or unconstitutional. s. with the normalactivity of the m compatible SECTION.V. EFFECTIVE DATE. ee Ordinance shall be park et the proposed public way or effect alterns Iinal passage,approval and requested lime date. 1epublication as ' (d) Whether theapplication demonstrates the applicant required entlby W has them ns,pl n ing endc dnation to hold the I 1990„ �p1OpOe'th'% 15[h day of October, i proposed et stl ng the te of day,location, pbic. fa It v ble; traffic control, palling ,!/, requirements and y.monitoring required to prolesI ^' � ;moi the public health and safey, tIAVOR (a) Whether the event will interfere with another event for which a permit has already been granted. '(el Whether thoproposed usewouldsubstantialy interrupt the flow of sheet and%or pedeavan traffic. 'ATTEST; -S12 e.)I(f) Whether the use would requirethe exceean%diversion CITU LYQTY,/,RERERI< of police from other dukes,:or substantially interfere K withtheCityituefgbtingoperafnns s — '� 08792 October T1,1990 ORDINANCE NO. 90-3481 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF THREE PARCELS OF LAND TOTALLING APPROXIMATELY 48.85 ACRES LOCATED AT THE IOWA CITY MUNICIPAL AIRPORT FROM P TO P/CI.1 (PARCELS 1 AND 3)AND PA-1 (PARCEL 2). WHEREAS, the Airport Commission has requested that the City rezone three parcels totalling approximately 48.85 acres located at the Iowa City Municipal Airport, and WHEREAS,the proposed P/CI-1 (Parcels 1 and 3) and P/I-1 (Parcel 2)zoning is compatible with the adjacent commercial and industrial zoning and development, and WHEREAS the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; and WHEREAS, old Highway 218 is one of several entranceways to Iowa City from the south; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Airport Commission's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Airport Commission acknowledges that certain conditions and restrictions are appropriate for Parcel 2 in order to lessen the impact on this entrance to the City, by way of a conditional zoning agreement; and WHEREAS, the Airport Commission also agrees that Parcel 3 shall be subject to administrative site plan review in order to assure its development is compatible with adjacent development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement and Section 414.5, Iowa Code, the property described below is hereby reclassified from its present classification of P to P/CI-1 (Parcels 1 and 3) and P/I-1 (Parcel 2). PARCEL#1 Beginning at the Northwest Corner of the Northeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian,and for the purpose of this Legal Description the North Line of said Northeast Quarter is assumed to Bear N90.00'00"E;Thence N00.35'32"E, along the West Line of the Southeast Quarter of Section 16, 1157.17 feet; Thence N89.24'28"W, 60.00 feet; Thence N00.35'32"E, 482.92 feet; Thence N74.42'01"E, 62.38 feet; Thence S00.35'32"W, 359.58 feet; Thence S89-29'20"E, 923.18 feet; Thence S01-27110"W, 1119.95 feet; Thence 573.19'36"W, 868.10 feet; Thence N55.55'22"W, 93.05 feet; Thence N01.05'08"E, 27.24 feet, to the Point of Beginning. Said Tract of Land Contains 26.37 Acres, more or less, excluding present established road Right-of-Way,and is subject to easements and restrictions of record. SCO Ordinance No. 90-3481 Page 2 PARCEL#2 Commencing at the Northeast Corner of the Southeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian;Thence S89.36'41"W, along the North Line of said Southeast Quarter 520.60 feet,to the Point of Beginning; Thence S55.5522"E,816.86 feet to the Westerly Right-of-Way Line of South Riverside Drive;Thence 78.91 feet Southwesterly along a 1,045.90 foot Radius Curve, Concave Northwesterly, whose 78.89 foot Chord Bears S44.23'26'W; Thence S46.33'07"W, along said Right-of-Way Line 311.70 feet; Thence S35.03'06"W, along said Right-of-Way Line 154.80 feet; Thence 595.94 feet along a 2,948.90 foot Radius Curve, Concave Southeasterly, whose 594.93 foot Chord Bears S39.22'33'W; Thence N83.17'25"W, 66.37 feet; Thence S89.48'45"W, 146.60 feet; Thence N0t'27'10"E, 1,474.87 feet; Thence S55.55'22"E, 297.41 feet, to the Point of Beginning. Said Tract of Land Contains 17.54 Acres, more or less, and is subject to easements and restrictions of record. PARCEL#3 Commencing at the Northeast Corner of the Northeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00.09'16"E, 525.43 feet; Thence S89.48154"W, 114.35 feet;Thence S89.36'l6"W, 192.79 feet; Thence N16.30159•W, 130.48 feet, to the Point of Beginning; Thence S70.15'19"W, 422.76 feet; Thence N01.27'10"E, 788.06 feet; Thence N89.43'12'1E, 186.40 feet; Thence S16.30'59"E, 673.69 feet, to the Point of Beginning. Said Tract of Land Contains 4.94 Acres, more or less,and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement, and to certify the ordinance and Conditional Zoning agreement for recordation in the Johnson County Recorder's Office. 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 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 llll req ed by law. ed an• -pproved thisjeyth day of 0 ober, '90. / _ I Ally sit�.f� •YOR ATTEST: �(liniit.4c� --ALI. h.nnl CITY CLERK pro -d b / ' � City Attorney's Office It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson ___IL_ McDonald Novick First Consideration 10/16/90 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 11/7/90 Moved by Courtney, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings priot 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: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: None. ��n CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT is made this 30 day of October 1990, by and between the Airport Commission (hereinafter referred to as "Applicant") and the City of Iowa City, a Municipal Corporation (hereinafter referred to as "City"); WHEREAS, the Airport Commission has requested the City rezone three parcels totalling approximately 48.85 acres located at the Iowa City Municipal Airport, more particularly described as follows: PARCEL #1 Beginning at the Northwest Corner of the Northeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian, and for the purpose of this Legal Description the North Line of said Northeast Quarter is assumed to Bear N90.00'00"E; Thence N00.35'32"E, along the West Line of the Southeast Quarter of Section 16, 1157.17 feet; Thence N89-24'28"W, 60.00 feet; Thence N00.35'32"E, 482.92 feet; Thence N74.42'01"E, 62.38 feet; Thence S00.35'32"W, 359.58 feet; Thence S89-29'20"E, 923.18 feet; Thence 501 .27'10"W, 1119.95 feet; Thence S73-19'36"W, 868.10 feet; Thence N55-55'22"W, 93.05 feet; Thence N01 .05'08"E, 27.24 feet, to the Point of Beginning. Said Tract of Land Contains 26.37 Acres, more or less, excluding present established road Right-of-Way, and is subject to easements and restrictions of record. PARCEL #2 Commencing at the Northeast Corner of the Southeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S89.36'41"W, along the North Line of said Southeast Quarter 520.60 feet, to the Point of Beginning;Thence S55.55'22"E, 816.86 feet to the Westerly Right-of-Way Line of South Riverside Drive; Thence 78.91 feet Southwesterly along a 1,045.90 foot Radius Curve, Concave Northwesterly, whose 78.89 foot Chord Bears 544.23'26"W; Thence 546.33'07"W, along said Right-of-Way Line 311.70 feet; Thence S35.03'06"W, along said Right-of-Way Line 154.80 feet; Thence 595.94 feet along a 2,948.90 foot Radius Curve, Concave Southeasterly, whose 594.93 foot Chord Bears 539.22'33"W; Thence N83.17'25"W, 66.37 feet; Thence S89-48'45"W, 146.60 feet; Thence NO1 •27'10"E, 1,474.87 feet; Thence S55.55'22"E, 297.41 feet, to the Point of Beginning. Said Tract of Land Contains 17.54 Acres, more or less, and is subject to easements and restrictions of record. PARCEL #3 Commencing at the Northeast Corner of the Northeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00.09'16"E, 525.43 feet; Thence S89.48'54"W, 114.35 feet; Thence S89.36'16"W, 192.79 feet; Thence N16.30'59"W, 130.48 feet, to the Point of Beginning; Thence S70.15'19"W, 422.76 feet;Thence NO1 .27'l0"E, 788.06 feet; Thence N89.43'12"E, 186.40 feet; Thence SI 6-30'59"E, 673.69 feet, to the Point of Beginning. Said Tract of Land Contains 4.94 Acres, more or less, and is subject to easements and restrictions of record. 2 WHEREAS, the proposed P/CI-1 (Parcels 1 and 3) and P/I-1 (Parcel 2) zoning is compatible with the adjacent commercial and industrial zoning and development, and WHEREAS the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; and WHEREAS, old Highway 218 is one of several entranceways to Iowa City from the south; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Airport Commission's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Airport Commission acknowledges that certain conditions and restrictions are appropriate for Parcel 2 in order to lessen the impact on this entrance to the City, by way of a conditional zoning agreement; and WHEREAS, the Airport Commission also agrees that Parcel 3 shall be subject to administrative site plan review in order to assure its development is compatible with adjacent development. NOW, THEREFORE, in mutual consideration of the promises herein the parties agree as follows: 1. Airport Commission agrees Parcel 3 shall be subject to administrative site plan review by staff of the Iowa City Department of Planning & Program Development, in accordance with the Large Scale Non-Residential Development requirements of Section 27-36 thru Section 27-46 of the Iowa City Code of Ordinances. 2. Airport Commission agrees that, pursuant to Section 414.5, Iowa Code (1989) it is in the public interest to enhance the entranceways to the City, and that imposition of the following conditions on Parcel 2 constitute a reasonable method to protect the City: a) no outdoor storage of merchandise or material shall occur within 100 feet of the right-of- way of Old Highway 218. Beyond 100 feet of the right-of-way of Old Highway 218, storage shall comply with the performance requirements of Sec. 36-76.(i)(1)a. and b.; b) loading docks shall not be located on any wall facing Old Highway 218 unless screened from view by a building. Loading docks located in other locations which are visible from Old Highway 218 shall be screened; c) any parking within 50 feet of the right-of-way of Old Highway 218 shall be screened from view of Old Highway 218 by vegetative screening or earthen berms; and d) development shall be subject to administrative site plan review conducted by staff of the Iowa City Department of Planning & Program Development,in accordance with the Large Scale Non-Residential Development(LSNRD) requirements. 3. Parties acknowledge this Agreement shall be deemed to be a covenant running with the land and with title to the land;that the Agreement shall, upon execution be recorded in the Johnson County Recorder's Office;and that the Agreement shall,without further recitation, continue to be a covenant on each portion of the subject property, until released of record by the City. 4. Nothing in this Agreement shall be construed to relieve the applicant from complying with all applicable federal, local and state regulations, and the applicant acknowledges same. 3 Dated this 2nd day of October , 1990. APPLICANT By: \ P, Richa'• Blum, Chairman, Airport Commission ATTEST: ,-F -C /� - Pat Foster, Recording Secretary Approved : Id" 1 /_, /- _____, City Atto ney's Office 6J�1SA0 ACKNOWLEDGMENT FOR APPLICANT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 2nd day of October , 19 90 , before me, Gina M. Heick , a Notary Public in and for the State of Iowa; personally appeared Richard Blum and Pat Foster, to me personally known, and, who, being by me duly sworn, did say that they are the Chair and Secretary, respectively of the Airport Commission and that the instrument was signed and sealed on behalf of the Commission, by authority of Resolution No. --- passed adopted by the Comm ssion, on the 19th day of September , 1990 , and that Richard Blum and Pat Foster acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the Commission, by it voluntarily executed. . r (---$.(_%4\(_,_ v A \ • c 1 A c Lam_ Notary Public in and for the State of Iowa CI OF IOWA CITY, IOWA i ./ 0...:414.4..a2 By: //, . /John McDonald, Mayor ATTEST: i P i Marian K. Karr, City Clerk ;V !'- 4 ACKNOWLEDGEMENT OF CITY STATE OF IOWA SS: JOHNSON COUNTY On this 30th day of October , 19 90 , before me, Gina M. Heick , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) pasciton No. 90-3481 passed ttlax1RUMIM1t1ttlica+ffi141 by the City Council, under Roll Call No. of the City Council on the 30th day of October , 19 90 and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. d m. ckj . Notary Public in and for the State of Iowa • I('(1 / 1171141 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, 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. 90-3481 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of October , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of November 19 90 . Dated at Iowa City, Iowa, this 12th day of December , 19 90 . ,L Li 9( )(X Sue Johan es Deputy City Clerk CIVIC CENTER • 410 E. WASHINGTON ST. 7A3491,7?, PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 it. • U7GGe �a/'oLf 754 90- 3Vg/ OFFICIAL PUBLICATION OFFICIAL PUBLICATION CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT is made this 10 day of October •1990,by and between the Airport Commisslon(hereinafter referred to as"Applicant")and the City of Iowa City,a Municipal Corporation(hereinafter referred to as'City); 'WHEREAS, the Airport Commission has requested the City rezone three parcels totalling approximately 48.85 acres located at the Iowa City Municipal.Airport,more particularly described as follows: PARCEL#1 Beginning at the Northwest Corner of the Northeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian, and for the purpose of this Legal Description the North Line of said Northeast Quarter is assumed to Bear N90.00'00"E;Thence NDO-35'32'E,along the West Line of the Southeast Quarter of Section 16,1157.17 feet;Thence N89-24'28"W,60.00 feet; Thence NO0.35'32"E, 482.92 feet;Thence N74.42'01"E, 62.38 feet; Thence SDO.35'32'W, 359.58 feet; Thence 589.29'20"E, 923.18 feet; Thence 501.27'10"W, 1119.95 feet; Thence S73-19'36"W, 868.10 feet; Thence N55.55'22'W, 93.05 feet; Thence NO1.05'08"E, 27.24 feet, to the Point of Beginning. Said Tract of Land Contains 26.37 Acres, more or less,excluding present established road Right-of-Way, and Issubject to easements and restrictions of record. PARCEL#2 Commencing at the Northeast Corner of the Southeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S89-36'41-W,along the North Line of said Southeast Quarter 520.60 feel,to the Point of Beginning;Thence S55-55'22'E,816.86 feet to the Westerly Right-of-Way Line of South Riverside Drive;Thence 78.91 feet Southwesterly along a 1,045.90 . foot Radius Curve, Concave Northwesterly; whose 78.89. foot Chord Bears S44.23'26"W;Thence 546.33'07"W,along said Right-of-Way Line 311.70 feet; Thence S35.03'06"W,along said Right-of-Way Line 154.80.feet;Thence 595.94 feet along a 2,948.90 fool Radius Curve,Concave Southeasterly,whose 594.93 foot Chord Bears 539,22'33"W; Thence N83.17'25'W, 66.37 feel; Thence 589.48'45"W, 146.60 feet; Thence NO1.2710"E, 1,474.87 feet; Thence S55-55'22t,297.41 feet,to the Point of Beginning. SaidTract of Land Contains 17;54 Acres,more or tess,and is subject to easements and restrictions of record,. PARCEL k3 Commencing at the Northeast Corner of the Northeast Quarter of Section 21, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence ND0.09'16"E, 525.43 feet; Thence 589.48'54"W, 114.35 feet Thence S89.36'16"W, 192.79 feet;Thence N16.30'59"W, 130.48.feet, to the Point of Beginning;Thence 570.15'19"W,422.76 feet;Thence N01.27'10"E,788.06 feet; Thence N89.43'12'E,186.40 feet;Thence S16-30'59"E,673.69 feet,to the Point of Beginning. Said Tract of Land Contains 4.94 Acres, more or less, and is subject to easements and restrictions of record. 'WHEREAS,the proposed P/Cid (Parcels 1 and 3)and P/I-1 (Parcel 2)zoning is compatible with the adjacent commercial and industrial zoning and development,end WHEREAS the City has a policy to preserve and enhance the entranceways to Iowa City,Iowa; and WHEREAS,old Highway 218 is one of several entranceways to lewd City from the south;and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Airport Commission's rezoning request,over and above existing regulations,In order to satisfy public needs directly caused by the requested change;and WHEREAS,the Airport Commission acknowledges that certain conditions and restrictions are ,appropriates for Parcel 2 in order to lessen the impact on this entrance to the City,by way of a conditional zoning agreement;and . WHEREAS,the Airport Commission also,agrees that Parcel 3 shall be subject to administrative site plan review in order to assure Its development Is compatible with adjacent development. NOW,THEREFORE,in mutual consideration,of the promises herein the parties agree as follows: 1. Airport Commission agrees Parcel,3 shall be subject to administrative site plan review by staff of the Iowa City Department of Planning&Program Development,in accordance with the Large Scale Non-Residential Development requirements of Section 27-36 thru Section 27-46 of the Iowa City Code of Ordinances. 2. Airport Commission agrees that,pursuant to Section 414.5,Iowa Code.(1989)It Is in the public Interest to enhance the entranceways to the City, and that imposition of the following conditions on Parcel 2 constitute a reasonable method to protect the City:. a) no outdoor storage ofmerchandise or material shall occur within 100 feet of the right-of- way of Old Highway 218. Beyond 100 feet of the right-of-way of Old Highway 218, storage shall comply with the pertormance requirements of Sec.36-76.(I)(1)a.and b.;b) loading docks shall not be located on any wall facing Old Highway 218 unless screened from view by building. Loading docks located in other locations which are visible from Old Highway 218 shall be screened;c)any parking within 50 feet of the right-of-way of Old Highway 218 shallbe screened from view of Old Highway 218 by vegetative screening or earthen berms;and d)development shall be subject to administrativesite plan review conducted by staff of the Iowa City Department of Planning & Program Development,in accordance with the Large Scale Non-Residential Development(LSNRD) requirements. 3. Parties acknowledge this Agreement shall be deemed to be a covenant running with the land and with title to the land;that the Agreement shall,upon execution be recorded in the Johnson County Reconier's Office;and that the Agreement shall,without further recitation, continueto be a covenant on each portion of the subject property,until released of record by the City. 4.. Nothing in this Agreement shall be construed to relieve the applicant from complying with all applicable federal,local and state regulations,and the applicant acknowledges same. Dated this 2nd day of oc[ober 1990. C,r/CWY/LLIUCQ_ OFFICIALPUBLICATION VO-437 e/ ORDINANCE NO.99-3481 / / ' AN ORDE AMENDING THE ZONING ORDINANCE BY �/ J CONDITIONALLY CHANGING THE USE REGULATIONS OF THREE PARCELS OF LAND TOTALLING APPROXIMATELY 40.65 ACRES LOCATED AT THE IOWA CITY MUNICIPAL , AIRPORT FROM PTO P/CI t(PARCELS 1 AND 3)AND P6.1 (PARCEL 21. WHEREAS,the Arpon Carmheion has requested that the • City rezone three parcels totaling approximately 40 85 acres located at the Iowa City Municipal Airport,and WHEREAS,the proposed PCI.((Parcels 1 end 3)and PM (Parcel 2)zoning is compatible with the adjacent commercial and Industrial zoning and development,and WHEREAS the Cay has apot ylo preserve and enhancethe entranceways to Iowa City.Iowa;and WHEREAS,old Highway 2184 ones several entranceways to Iowa City horn the south:and WHEREAS.Iowa law provides tat the City al Iowa City may Impose reasonable conditions an granting the Airport Commission's rezoning request, mar and above Ceasing repulsions,in order to satisfy public needs directly caused by the requested change;and WHEREAS, the Airport Commission ednawledges That certain conditions and reslrictpns are appropriate Lor Parcell n order to lessen the impact an the entrdnoe to the City,by way of a WHEREAS,tont zoning agreement;and the Airport Commission also agrees Inco Parcel 3 shall be subject to administrative are plan muiaw in order to astute its development is campatbte with allacenl NOW, THEREFORE. BE IT BY PrIDLer Slee Skit'7 COUNCIL OF THE CT'OF IOWARDAINECITY,IOWA. TE CITY • SECTION I. APPROVAL Subject to the terms and conditions of the CanBitionel Zoning Agreement and Section 414.5,Iowa CERTIFICATE OF PUBLICATION Cede,the properly described below ishereby reclasaaiedfrom STATE OF IOWA. Johnson County. ss: as present dant cation of P to PICI.1(Parcels I and 3)and PhtWidmer 2). PARCEL at THE IOWA CITY PRESS-CITIZEN Beginning at the Northwest Corner al the Northeast Ovular of Section 21,Township 79 Noah, Range 6 West 01 the 5:11 Principal Meridian,and lathe purpose at this Legal Description the North Line of sad Northeast Gunnar a asurned to Bear N90•0o'00'E,Thence NO035'32-E.Mang the West Line of the Southeast Coarsen of Section 18 1157.17 Teel; Thence N09.24'20'W,6000 feet;Thence N0035'32'E,482.92 Ism; Thence N74•42'o1'E. 62.38 Nei. Thence 60035'32'W, b Sharon Stubbs, being dulysworn, say35956 Let: Thence 3a9.292o-E. 923.16 feel: Thence Son'27'1 O'W, 1119.95 feel; Thence 58.19'SE'W. 86810 that I am the legal clerk of the IOWA few,Thence N55•55229W,93 GE feel:Thence C1•0508'E. 27.24 fleet,to the Point of Beginning. Sad Tract at Land CITY PRESS-CITIZEN, a newspaper Contains 26,37 Acres, more or lass, excluding present published in said count and that established mad Right-of-Way.and s e subject to easements county, a ,adndions ol record notice, a printed copy of which is hereto PARCEL 82 Commencing at the Northeast Corner at the Southeast Quarter attached was published in said paper o1 Section 21,Township 19 North,Range 6 West of the 5th time(s), on the following Principal Mercian':Thence S8938'4 PW,along the North Line al said Southeast Ouadas520.60 Let,to the Poia d Begbniq, date(s): Them S55.5527E,016.66 feet to the Wededy R9MN.Way Line of South Riverside Drive;Thence 76.91 feet SoLhweaenly along a 1,045.90 ,09 t Radius Beare,Concave N 1lOUs7/ (9C/ O whose .49 haat Chord Cerin S44•23'26'W. Thence 5483397-1V, along said Rohl-of-Way Line 31170 Let; Thence S35'0300W.along said ROI-of-Way Line 154.B0 Lw:Thence 595.94 ler along a 2.948 90 bot Ra ius Curve, ConcaveBears Southeasterly. whpae 594.93 foot Chord BeaC S39•22'331V; Thence NO3'17'25'W, 66.37 leer, Them 585.40'5'W, 14660 teat: Thence NO1)27'Io'E. 1,474.67 f AtJ .a� • feet; Thence 355•55'22-E. 297 at feat, to the Point d' Beginning. Said Tract at Land Comams 1T.54 Acne.more Of less,end is mixedmixedtoesmets n restrictions of record. Legal Clerk Commencing at the Northeast Comer ot the Northeast Dueler of Section 21,Township 79 North,Range 6 Wast of the 5th Subscribed and sworn to before me Puncipal.MeMw:Thence NOc'09'16'E,525.43 feet Thune S89'40'S4W,11435 lea;Thence 5893616'W,192.70 feel; Thence N16'3055-W.130.48 test,to the Point of Be/wining, Thence eel, e 6401•271CHE, this //C�/_.cl_ 8808 teaat,(Thence N89.41.76 1YE, 188.40 lee. Thence 7 day of _ A.D. 31830'59'E,673.69 Int.to the Point of Beginning. Said Tract of Land Contains 4.94 Acres,more or less,and is subject 19_5°. to easements and restrid'mna of record. G SECTION IL ZONING MAP. The Building Inspectors hereby authorized and directed to change the zoning map of the Cny of l„ Iowa City,to conform to this amendment upon final passage, /l,7••'I""^�Uyli A r -l 2--.1-484121 approval and publication al this eminence as provided by law. SECTION III. CONOMONAL AGREEMENT. The Mayor's Notary Public heest.tn Cows naZngAgreemen eemrdDrythe ordnance and Conditional Zoning agreement for recordation in sThe Johnson County Recorder's 011ice. M r_ ♦ MARGARET RRA SECTION IV. REPEALER. All ordinances and pans of •s /�• - 9aordinances In conflict with the provisoesd this Ordnance are a hereby repealed. SECTION V. SEVERABILITY. d any section,provision or part of the Ordinance shall be adlldge8 to be invalid err unconeiWlional,such adjudication shall not affect the validity of the Ordinance as a whole or any section.provision or part threat not adjudged mvs8d sr unconstitutional. SECTION VI. EFFECTIVE DATE. The Ordinam shall be in Midst alter its Imo passage. approval and publication as required by law. P adand ppmwtl this h day of lysobar. 1 /fdK/I a►L/ OR { ATTEST:C 44 6ldtmaxte, l7O- 3y// 303 APPLICANT By: Richard Blum,Chairman,Airport Commission ATTEST: -7°C? it I Pat Foster,Reco ing Secretary Approved City Ano ey's Office HPs/1a ACKNOWLEDGMENT FOR APPLICANT STATE OF IOWA ) SS: JOHNSON COUNTY) On this 2nd day of October19 90 ,before me, Gina M. Heick , a Notary Public in and for the State of Iowa,personally appeared Richard Blum and Pat Foster, to me personally known,and,who,being by me duly sworn,did say that they are the Chair and Secretary,respectively of the Airport Commission and that the instrument was signed and sealed on behalf of the Commission,by authority of Resolution No. --- passed adopted by the Commission,on the 19th day of seen—tee 1990 ,and that Richard Blum and ed the at Foster act and deed and the voluntaryeace and deed off the Commission, byion of the It to It voluntary voluntarily executed. �.fI C J1,i,r-o cc\ `kkclrCt , Notary Public in and for the State of Iowa CITY OF IOWA CITY, IOWA ° Iay: 0 ohh McDonald,Mayor A TEST: I' i/ Marten K.Karr,City Clerk ACKNOWLEDGEMENT OF CITY STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this 30th day of October 19 90 before me, Gina M. Heick a Notary Public in and for the State of Iowa,personally appeared John McDonald and Marian K.Karr,to me personally known,and,who,being by me duly sworn, did say that they are the Mayor and City Clerk,respectively,of the City of Iowa City,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of Its City Council, as ebntained In(Ordinance)(13asodttfnr$No. 90-3461 passed outtesoln9&a a)by the City Council,under Roll Call No. of the City Council on the 30th day of October 19 9�, and that John McDonald and Marian K. Kan acknowledged the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,' by it voluntarily executed. C4lt,..4- m. c\4wck Notary Public In and for the State of Iowa 02416 November 7,1990 ORDINANCE NO, 90-3482 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 1.5 ACRES OF LAND LOCATED AT 315 PRENTISS STREET FROM RM-44 AND CC-2 TO CI-1. WHEREAS,the Applicant,City Electric Supply,has requested that the City rezone approximately 1.5 acres of land located at 315 Prentiss Street from RM-44 and CC-2 to CI-1;and WHEREAS, the subject property is in a highly visible area where considerable public and private investment has occurred, resulting in a mixture of commercial and residential land uses;and WHEREAS, the subject property is in an area where there is poor sight visibility for motorists traveling on South Gilbert Street due to the curve and the railroad abutment adfacent to the subject property;and WHEREAS,the requested CI-1 zoning may result in intensive commercial land uses and may generate increased volumes of traffic;and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change;and WHEREAS,the Applicant has acknowledged and agreed that restrictions on the outdoor display,storage,andor sale of merchandise are appropriate in order to assure development of the subject property is compatible with adjacent development:and WHEREAS,the applicant has acknowledged and agreed that restrictions on direct access to South Gilbert Street are appropriate in order to minimize traffic conflicts. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement and Section 414.5, Iowa Code,the property described below is hereby reclassified from its present classification of RM-44 and CC-2 to CI-1. Beginning at the Northeast Corner of Lot 1, Block 21, of the County Seat Addition to Iowa City, Iowa; thence S 00°12'59' W, along the Easterly Line of said Block 21, 261.17 feet; thence S 89°10'00" E, 22.00 feet; thence S 54°57'41" E, 46.02 feet, to a Point on the Northwesterly Right-of-Way Line of Gilbert Street; thence Southwesterly,80.06 feet,along said Northwesterly Line,on a 989.93 foot radius curve,concave Southeasterly,whose 80.04 foot chord bears S 32°43'18'W;thence N 82°21'24"W,213.00 feet,along the toe of the Existing Slope;thence N 00°12'59"E,along the Westerly Line of said Block 21,of the County Seat Addition and its projection thereof,247.75 feet, to the Southwest Corner of said Lot 1, Block 21; thence S 89°45'26'E,along the South Line of said Lot 1,of Block 21,55.00 feet; thence N 00°12'59"E, 80.00 feet,to a point on the North Line of said Lot 1,of Block 21;thence S 89°45'26"E,along said North Line of Lot 1,of Block 21,139.45 feet,to the Point of Beginning. Said tract of land contains 1.50 Acres, more or less, and is subject to easements and restrictions of Record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City,to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign,and the City Clerk to attest,the Conditional Ordnance No. 90-3482 Page 2 Zoning Agreement, and to certify the ordinance and Conditional Zoning agreement for recordation In the Johnson County Recorder's Office. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordnance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordnance shall be adjudged to be invalid or unconstitutional, such aduddcation shall not affect the validity of the Ordnance as a whole or any section,provision or part thereof not adudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordnance shall be in effect after its final passage,approval and publication as required by law. Passed and approved this 13th day of November, 1991 QQ t /MAYOR ATTEST:4_4„2.4e, .2 ) CI LERK Approved , City Attorney's Office gslathii1315;nntorl / v It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 10/31/90 Vote for passage: Ayes: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 11/21/90 Moved by Courtney, seconded by Horowitz, 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: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT is made this 13th day of Nov. 1990, by and between City Electric Supply, an Iowa Corporation (hereinafter referred to as"Applicant"),and the CITY OF IOWA CITY, a Municipal Corporation (hereinafter referred to as "City"); RECITALS WHEREAS, Applicant is the owner of the following-described real estate located in Johnson County, Iowa: Beginning at the Northeast Corner of Lot 1, Block 21, of the County Seat Addition to Iowa City, Iowa; thence S 00°12'59" W, along the Easterly Line of said Block 21, 261.17 feet; thence S 89°10'00" E, 22.00 feet; thence S 54°57'41" E, 46.02 feet, to a Point on the Northwesterly Right-of-Way Line of Gilbert Street; thence Southwesterly, 80.06 feet, along said Northwesterly Line, on a 989.93 foot radius curve, concave Southeasterly, whose 80.04 foot chord bears S 32°43'18" W; thence N 82°21'24" W, 213.00 feet, along the toe of the Existing Slope; thence N 00°12'59" E, along the Westerly Line of said Block 21, of the County Seat Addition and its projection thereof, 247.75 feet, to the Southwest Corner of said Lot 1, Block 21; thence S 89°45'26" E, along the South Line of said Lot 1, of Block 21, 55.00 feet; thence N 00°12'59" E, 80.00 feet, to a point on the North Line of said Lot 1, of Block 21; thence S 89°45'26" E, along said North Line of Lot 1, of Block 21, 139.45 feet, to the Point of Beginning. Said tract of land contains 1.50 Acres, • more or less, and is subject to easements and restrictions of Record. WHEREAS, the above-described property is currently zoned RM-44, High Density Multi-Family and CC-2, Community Commercial; and the Applicant now desires that this property be rezoned CI-1, Intensive Commercial; and WHEREAS, the City desires to protect the public and private investment which has occurred in the South Gilbert Street area from incompatible land uses and development; and WHEREAS, it is the City's policy to protect and enhance the appearance of the South Gilbert Street area in compliance with the environmental policies of the Comprehensive Plan; and WHEREAS, commercial uses may be appropriate in the South Gilbert Street area subject to restrictions on intensive uses which require outdoor display of merchandise; and WHEREAS, restrictions on direct access to South Gilbert Street are appropriate in the vicinity of the subject property due to poor sight visibility in this area and high traffic generating uses allowed in the proposed CI-1 zone. NOW,THEREFORE, in consideration of the mutual promises contained herein,the Parties agree as follows: 1. The above-described property is currently zoned RM-44"and CC-2, and the Applicant, as owner of the property, now requests the City rezone the property to CI-1. 3-1 • 2 2. City and Applicant acknowledge and agree that the proposed CI-1 zone is appropriate provided that no outdoor display,storage, and/or sale of merchandise is visible from South Gilbert Street, and that this restriction is not intended to prohibit such activities located behind a building and screened completely from South Gilbert Street by a building. 3. City and Applicant acknowledge and agree that no direct access shall be allowed onto South Gilbert Street when further development occurs on the subject property, and that the current curb cut on South Gilbert Street will be closed at the owner's expense prior to the issuance of a Certificate of Occupancy for any structure built on the subject property. 4. City and Applicant agree that these conditions are in the public interest and are appropriate and reasonable conditions, as provided by law, §414.5, Iowa Code (1989). 5. Parties acknowledge this Agreement shall be deemed to be a covenant running with title to the land; shall, upon execution, be recorded in the Johnson County Recorder's Office; and shall, without further recitation, continue to be a covenant on each portion of the subject, until released of record by the City. 6. Nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations, the Applicant acknowledges same. Dated this 13th day of November , 1990. CITY ELECTRIC SUPPLY, APPLICANT Frank Boyd, President APPLICANT CITY OF IOWA CITY, IOWA By: / /�jsG yU� John McDonald, Mayor ATTEST: Marian K. Karr, City Clerk CITY 3 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 13th day of November , A.D. 19 90 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Frank Boyd, to me personally known, who being by me duly sworn, did say that he is the President of said corporation executing the within and foregoing instrument to which this Is attached, that(no seal has been procured by the said) corporation; that said instrument was signed d) on behalf of ttk►ax i etlreto;isctheuse gusajci) said corporation by authority of its Board of Directors; and that the said Frank Boyd as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 13th day of November , 1990, before me, Gina M. Heick , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) rin0I i No. 90-3482 passed (ItisPREigaffiblEi adti}A by the City Council, under Roll Call No. of the City Council on the 13th day of November , 19 90 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,.6(\ Notary Public in and for the State of Iowa Ar Prov-: By T / r,*' City Am'ney's Office tajgd ppdad min dtyeleccza ,'rat. • _ lrz CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, 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. 90-3482 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of November , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of November 19 90 Dated at Iowa City, Iowa, this 12th day of December 19 90 nes Deputy City Clerk CIVIC CENTER • 4 1 0 E. WASHINGTON ST. Qg�' 'k yr PHONE nes D3 5 6-5 0 0 0 IOWA CITY IOWA 52240-1826 FAX (319) 356-5009 it for ke oda • IOL Ore,-3yZ9, / � � OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO 90-3482 Souhwestedy 8006 set along sad Northwesterly Line,on a 989.93 fool radius ane.concave Southeasterly,whose 80 04 loot chord bears AN ORDINANCE AMENDING THE ZONING ORDINANCE BY S32°43'18'W.thence N 82.21'24'W,21300 led,along to toe of the CONDITIONALLY CHANGING THE USE REGULATIONS OF Existing Slope.hence N 00°1259'E,along the Westerly Line of said APPROXIMATELY 1.5 ACRES Of LAND LOCATED AT 315 PRENTISS Block 21,01 the County Seat Addton and its projection thereof,247.75 STREET FROM RM-44 AND CC-2 TO CI-1feel,In the Southwest Comer of said Lot I.Block 21;thence S 89°4556'E.aang tie South Line d said Lot 1,of Block 21,55.00 feet WHEREAS,the Applicant Cep EMoric Supply,has requested that the City thence N 00°12'59'E.e0 001eet b a parol on the North Line 01 said rezone approximately 1.5 acres d lend Weed at 315 Prentiss Street Iron Lel 1,d BbrA 21:thence S 6945916 E.along sad North Line of Lot R1.41 and CC-2 b CI-1:and 1.of Block 21,139 45 led to the Point of Beginning.Sad tact of land WHEREAS. the subject property A in a highly visible area where contains 150 Ades.more or less.ands subject b easements and considerable phblic and private investment has occurred,resulting in a restriction of Record ��--yy! f V 4y^s+ couture of commercial and residential land uses;and SECTION II. ZONING MAP. The Building Inspector a hereby authorized WHEREAS,the subject property a n an area where there a poor sight and directed to change the zoning map of the City of Iowa City,to conform I'r I n to r 5 t e e 874 - s VVV visibility for motorists traveling on South Gilbert Street due to the curve and to this amendment upon final passage,approval and publication of this the railroad abutment adjacent to the subject property;and ordnance as provided by law. WHEREAS,the requested CH zoning mayresuh in intensive commercial CERTIFICATE OF PUBLICATION land uses and may generale increased volumes of traffic,and SECTION III CONDITIONAL AGREEMENT. the Mayor s herebyauthorized and directed ton and the WHEREAS.Inca law sig CBy Clerk b attest the Concitnnal provides tial he City of Iowa City may impose S TATE OF IOWA. Johnson County. s s: reasonable condti°rs on granting the rezoning requesl over and above Zoning Agreement.and to certify the ordinance and Cmdlonal Zoning existing regulations.in order to satisfy pubic needs drectly caused by the agreement I«recordation in he Johnson County Recorder's Office. THE IOWA CITY PRESS-CITIZEN requested change:andSECTION IV REPEALER.AA orrnancss ate park of ordinances in conflict WHEREAS,the Applicant has acknowledged and agreed that resldcione ode the provisions of Sr.Ordnance ere hereby repealed. on the outdoor dsplay,storage,andbr sale of merchandise are appropriate SECTION V. SEVERABILITY. If any section.provision or part of the in order to assure development of the subject properly is compatible with Ordnance shall be adjudged to be invalid or unconstitutional, such a4aceet development and a4udcabon shall not affect the validly of the Ordnance as a whole or any WHEREAS,the applicant has adurowfedged and agreed Inas restrictionssuchen,provision or pad thereof not adjudged invalid or unconstitutional. I on deed access t°South GAaert Steel are appropriate in order to minimize SECTION VI EFFECTIVE DATE.ThisOrdnance slid ben elted akar ils traffic conflicts. final passage.approval and publication as required by law. Sharon Stubbs, being duly sworn, say NOW.THEREFORE,BE IT ORDAINED BY THE CITY COUNCILOF THE Passed and approved this 13th day of November, CITY OF IOWA CITY,IOWAt 99s. that I am the legal clerk of the IOWA SECTION I APPROVAL Subject to the terms and candNons of Pie- / / a....... Cond honal Zoning Agreement and Section 414.5,Iowa Code,the property CITY PRESS-CITIZEN, a newspaper descrbedbelow is hereby reclassified from its present classification of RM-44 ' published in said county, and that a andDc21°�'' AYOR Beginning at the Northeast Corner of Lot I,Block 21,of the County .. Seal Addition to Iowa City.Iowa:thence S 00°12'59'W along the notice, a printed copy of which is hereto Easterty Line of said Block 21.261 17 teat:thence S 89°10'00'E. yyyy attached was published in said paper 2200 lase then 5 54.57'41'E.4602 feel,to a Pont on he ATTEST // R,J ,,J time(s), on the following Northwesterhy Rnit.nrWae Line of Giber! Sled. thence CITY ERK CONDITIONAL ZONING AGREEMENT date(s): Dv r r f THIS CONDI I IONAL ZONING AGREEMENT Is made this I ?.11,?.11, da of Nov. 1990,by ( ( and between City Electric Supply,an Iowa Corporation(hereinafter referred to as'Applicant"),and the CITY OF IOWA CITY,a Municipal Corporation(hereinafter referred to as'City'); r <- // RECITALS B� WHEREAS, Applicant is the owner of the following-described real estate located in Johnson Legal Clerk County, Iowa: Beginning at the Northeast Corner of Lot 1,Block 21,of the County Seat Addition Subscribed and sworn to before me to Iowa City, Iowa;thence S 00°12'59'W, along the Easterly Line of said Block 21, 261.17 feet;thence S 89°10'00" E, 22.00 feet;thence S 54°57'41"E,46.02 feet, to a Point on the Northwesterly Right-of-Way Line of Gilbert Street;thence this 7 day of . A.D. Southwesterly,80.06 feet,along said Northwesterly Line,on a 989.93 foot radius curve, concave Southeasterly, whose 80.04 foot chord bears S 32°43'18" W; ♦ thence N 82°21'24"W,213.00 feet,along the toe of the Existing Slope;thence N i 9 PO. 00°12'59"E,along the Westerly Line of said Block 21,of the County Seat Addition and its projection thereof,247.75 feet,to the Southwest Corner of said Lot 1,Block �� 21;thence S 89°45'26"E,along the South Line of said Lot 1,of Block 21,55.00 feet;thence N 00°12'59"E,80.00 feet,to a point on the North Line of said Lot 1, of Block 21;thence S 89°45'26"E, along said North Line of Lot 1,of Block 21, Notary Public 139.45 feet, to the Point of Beginning. Said tract of land contains 1.50 Acres, more or less,and is subject to easements and restrictions of Record. ter. FifTT ` GA�T RlOSWHEREAS,the above described property is currently zoned RM-44,High Density Multi-Family 6- Ja and CC-2,Community Commercial;and the Applicant now desires that this property be rezoned CI-1, Intensive Commercial;and WHEREAS, the City desires to protect the public and private investment which has occurred in the South Gilbert Street area from incompatible land uses and development;and WHEREAS, it is the City's policy to protect and enhance the appearance of the South Gilbert Street area in compliance with the environmental policies of the Comprehensive Plan;and WHEREAS, commercial uses may be appropriate in the South Gilbert Street area subject to restrictions on intensive uses which require outdoor display of merchandise;and WHEREAS,restrictions on direct access to South Gilbert Street are appropriate in the vicinity of the subject property due to poor sight visibility in this area and high traffic generating uses allowed in the proposed CI.1 zone. olc'. 754 9 -3q102 aela NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties agree as follows: 1. The above-described property is currently zoned RM-44 and CC-2,and the Applicant,as owner of the property,now requests the City rezone the property to CI-1. 2. City and Applicant acknowledge and agree that the proposed CI•t zone.is appropriate provided that no outdoor display,storage,and/or sale of merchandise is visible from South Gilbert Street. and that this restriction is not intended to prohibit such activities located behind a building and screened completely from South Gilbert Street by a building. 3. City and Applicant acknowledge and agree that no direct access shall be allowed onto South Gilbert Street when further development occurs on the subject property,and that the current curb cut on South Gilbert Street will be closed at the owner's expense prior to the issuance of a Certificate of Occupancy for any structure built on the subject property. 4. City and Applicant agree that these conditions are in the public interest and are appropriate and reasonable conditions,as provided by law,§414.5,Iowa Code(1989). 5. Parties acknowledge this Agreement shall be deemed to be a covenant running with title to the land;shall,upon execution,be recorded in the Johnson County Recorder's Office; and shall, without further recitation, continue to be a covenant or each portion of the subject,until released of record by the City. 6. Nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations,the Applicant acknowledges same. Dated this 13i day of November , 1990. CITY ELECTRIC SUPPLY,APPLICANT Frank Boyd.President J APPLICANT CITY OF IOWA CITY, IOWA By: •hn McDonald,Mayor ATTEST: Marian K.Karr,City Clerk CITY 02566 November 21,1990 ORDINANCE NO. 90-3483 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS, WITH CONDITIONS, OF A CERTAIN 95.61 ACRE PROPERTY, KNOWN AS THE BJORNSEN TRACT,LOCATED SOUTH OF HIGHWAY 6 AND WEST OF BON AIRE MOBILE HOMES FROM ID-RS TO RS-8. WHEREAS, the subject property is vacant land or land in agricultural use located in the Interim Development - Single- Family Residential (ID-RS) Zone; and WHEREAS, CB Development, Ltd. as Contract Purchaser, and Bjornsen Investment Corporation, as legal titleholder ("Applicant"),are requesting the rezoning of the subject property to RS-8 to allow construction of a zero-lot line, duplex and detached lot single-family residential development; and WHEREAS, the subject property is located in an out-of- sequence development area,and contains federally designated wetlands, the Applicant has agreed to limit development of the property known as the Bjornsen Tract, all in accordance with the terms and conditions of a Conditional Zoning Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The property known as the Bjornsen Tract and legally described below is hereby rezoned from its present classification of ID-RS to RS-8 subject to the following conditions: 1) The understanding that this is out-of-sequence development as it is presently defined in the Comprehensive Plan, 2) The density being limited to five(5)dwelling units per acre, 3a) The application by the applicant for a 404 permit from the Corps of Engineers, and its issuance if applicable, 3b) The verification by the Corps of Engineers of the delineation of the wetlands, 3c) The approval and signoff by the Corps of Engineers or other state or federal agencies as required prior to approval of final construction plans, 4) The lowest floor level of any structure constructed shall not be lower than the top of the street curb, measured at the highest point of the lot's street frontage, and 5) The dedication of the designated wetlands and installation of a looped pathway. Legal description of the subject tract: A part of the E 12 of the SE 1/4 of Section 23, and a part of the W 1/2 of the SW 1/4 of Section 24, all in Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows. Beginning at the Southeast corner of said Section 23; Thence N 88°21'12" E, 1319.68 feet; Thence N 00°09'02' W, 2212.14 feet;Thence N 74°09'33"W, 380.07 feet to a point on the Southeasterly Right-of-Way Line of Lakeside Drive;Thence S 38°38'01" W, 285.69 feet along said Southeasterly Right-of- Way Line; Thence Southwesterly 209.03 feet,on a 233.00 foot radius curve, concave Northwesterly, whose 202.09 foot chord bears S 64°20'05"W;Thence N 89°57'51"W,464.58 feet to the East Line of Lakeside Addition, as recorded in Plat Book 9, at Page 99 of the records of the Office of the Johnson County Recorder; Thence S 00°02'09" W, 927.00 feet along the East Line of said Addition to the Southeast Corner thereof; Thence N 89°57'51" W, 1440.00 feet along the South line of said Addition to the Southwest Corner thereof; Thence S 00°02'05" W, 1126.07 feet;Thence N 89°37'07"E, 1318.71 feet ♦J Ordinance No. 90-3483 Page 2 to the Point of Beginning. Said Tract of Land contains 95.61 acres more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City,to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest,the Conditional Zoning Agreement,and to certify the Ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. 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 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 requ ed by law. P:. ed .• approve. 13th da of November, 1971. ` AYOR K ATTEST: moi[) 7 • las-t) CITY CLE Appro -. . 'Age City Attorney's Office (b/jv yO bjomnsen.oad It was moved by Courtney , and seconded by Ambrisco that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X MCDONALD X NOVICK First consideration 10/31/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Second consideration Vote for passage: Date published 11/21/90 Moved by Courtney, 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: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (City), Bjornsen Investment Corporation (Owner), and CB Development, Ltd., an Iowa Corporation (Applicant). WHEREAS, the Applicant has contracted to purchase the subject property, known as the Bjornsen Tract, and located south of Highway 6 and west of Bon Aire Mobile Homes, in Iowa City, Iowa; and WHEREAS, the subject property is vacant land or land in agricultural use located in the Interim Development - Single-Family Residential (ID-RS) Zone; and WHEREAS, the Applicant, as Contract Purchaser and the Owner, as legal title holder are requesting the rezoning of the subject property to RS-8 to allow construction of zero-lot line, duplex and detached single-family residential development; and WHEREAS, the subject property is located in an out-of-sequence development area within the corporate limits of the City, and contains federally designated wetlands, the applicant has agreed to limit development of the property known as the Bjornsen Tract, all in accordance with the terms and conditions set forth herein. NOW, THEREFORE, the Parties agree as follows: 1. Applicant is contract purchaser and equitable title holder of the property located south of Highway 6 and west of Bon Aire Mobile Homes, and known as the Bjornsen Tract, which property is more particularly described as follows: A part of the E 1/2 of the SE 1/4 of Section 23, and a part of the W 1/2 of the SW 1/4 of Section 24, all in Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows. Beginning at the Southeast Corner of said Section 23; Thence N 88°21'12" E, 1319.68 feet;Thence N 00°09'02"W, 2212.14 feet;Thence N 74°09'33"W, 380.07 feet to a point on the Southeasterly Right-of-Way Line of Lakeside Drive; Thence S 38°38'01" W, 285.69 feet along said Southeasterly Right-of-Way Line; Thence Southwesterly 209.03 feet, on a 233.00 foot radius curve, concave Northwesterly, whose 202.09 foot chord bears S 64°20'05" W; Thence N 89°57'51" W, 464.58 feet to the East Line of Lakeside Addition, as recorded in Plat Book 9, at Page 99 of the Records of the Office of the Johnson County Recorder; Thence S 00°02'09" W, 927.00 feet along the East Line of said Addition to the Southeast Corner thereof; Thence N 89°57'51" W, 1440.00 feet along the South Line of said Addition to the Southwest Corner thereof; Thence S 00°02'05" W, 1126.07 feet; Thence N 89°37'07" E, 1318.71 feet to the Point of Beginning. Said Tract of Land contains 95.61 acres more or less, and is subject to easements and restrictions of record. 2. Owner is the contract seller and legal title holder of the property. 3. Owner hereby consents to and joins into this Conditional Zoning Agreement, and agrees to abide by the terms of the Agreement in all respects. 2 4. In consideration of the City's rezoning of the subject property from ID-RS, Applicant and Owner agree development and use of the subject property will conform to the require- ments of the RS-8, Medium Density Single-Family Residential Zone, as well as the following additional conditions: 1) The understanding that this is out-of-sequence development as it is presently defined in the Comprehensive Plan, 2) The density limited to five (5) dwelling units per acre, 3a) The application by the applicant for a 404 permit from the Corps of Engineers, and its issuance if applicable, 3b) The verification by the Corps of Engineers of the delineation of the wetlands, 3c) The approval and signoff by the Corps of Engineers or other state or federal agencies as required prior to approval of final construction plans, 4) The lowest floor level of any structure constructed shall not be lower than the top of the street curb, measured at the highest point of the lot's street frontage, and 5) The dedication of the designated wetlands and the installation of a looped pathway. 5. Applicant and Owner acknowledge that the additional conditions herein are reasonable, and satisfy public needs which are directly caused by their requested change. 6. Applicant and Owner further acknowledge that in the event the subject property is transferred, sold, redeveloped, subdivided, divided or split, there shall in no event be redevelopment that occurs which is not in conformance with the terms of this Agreement. 7. Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land; that the Agreement shall, upon execution, be recorded in the Johnson County Recorder's Office; and that the Agreement shall, without further recitation, continue to be a covenant running in favor of the City on each and every portion of the subject property, unless or until released of record by the City; and shall inure to the benefit and bind all successors, representatives and assigns in interest of each and every Party hereto. 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations, and both Applicant and Owner acknowledge same. Dated this 5 day of Ociko6,-PA,.. , 1990. CB DEVELOPMENT, LTD., APPLICANT CITY OF IOWA CITY, IOWA ByC0060\ B : . - "to'"to'/Carol Barky r, President & SecretaryJohn McDonald, Mayor CB Development, Ltd. 3 BJORNSEN INVESTMENT CORPORATION, OWNER ATTEST: By: e4e1Car/1.-.__) B �,,t•} Te R. msen, y Marian K. Karr, CityClerk Terry etary Bjornse I estment Corporation CERTIFICATE OF ACKNOWLEDGMENT—Corporation STAR PRINTING CO., CEDAR RAPIDS, IOWA STATE OF IOWA, County of___L.1NN --.., as: On this 1Z4VNday of_ ,t A. D., 19 _ , before me,T�' f % a Notary Public in and for the County of � n,w v _�1�+` _ , State of Iowa, personally appeared -, 11....1 , ^1— n vR.(LTQAGN , sec.. • tory +..C..itiss, of_C6aoRN AGN v CQ2,{ , the Corporation which executed the above and foregoing instrument, who being by me duly sworn, each for himself, p }.a,. andCQTa4 of said Corporation; that - ::. '' ' —(no seal has been procured by the said Corporation) and that said instrument was by them signed arid–seniei•on behalf of the said Corporation by authority of its board of directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. In Witness Whereof, I have hereunto signed y name and affixed my Notarial Seal the day and ye last above written. NOTARIALti ���E1�lES ��SEAL (� 1 Lo(This acitnowle t compries with Sec. 10102 and 10103 Notary Public in and for 1.---,`v"1 County. State of Iowa and court decisions,) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared , to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa 4 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 13th day of November , 1990 , before me, Gina M. Heick a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) R kit1 n No. 90-3483 passed (tt Rettratbxstxtoptert) by the City Council, under Roll Call No. of the City Council on the l 3t11 day of November 19 90 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. r Notary Public in and for the State of Iowa Appro -0 By Adei City Attorney's Office/•�� ppdadmin\bjornsen.cza ;1C. S STATE OF IOWA ss: JOHNSON COUNTY On this i t day of �C , 1990, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carol Barker to me personally known, who being by me duly sworn,did say that she Is the President and Secretary respectively, of the corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the) (the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of Its Board of Directors; and that Carol Barker as such officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. k CHARLES A.MULLLN (C-1/-:( (eir: Notary Public in and for id State � .r L, II 6tl •-,-,-;,.___,I. �� ro'� -- -It,- imqvcs;114.1E -- 7/ t1 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, 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. 90-3483 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of November , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of Novemember 19 90 . Dated at Iowa City, Iowa, this 12th day of December , 19 90 - ,—</(17 hil/)1(//tel) Sue Johannes Deputy City Clerk CIVIC CENTER • 410 E. WASHINGTON Si v.t• PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 �� FAX (319) 356-5009 Cr/CA. ."- 70--I' 7 , OFFICIAL PUBLICATION OFFICIAL PUBLICATION • ORDINANCE NO.9g-3481 2212.141el.Thence N 74°0933-W,380 07 foal to a poi l m the Southeasterly Right-of-Way Line al Lakeside Dme Thetis AN ORDINANCE AMENDING THE ZONING ORDINANCE EY 5 38'3301'W.285.65 feet Wong said SoNheastery Rght-l- CHANGING THE USE REGULATIONS.WITH CONDITIONS. Way Line:Thence Southwesterly 209.03 feet.on a 233.00 foot OF A CERTAIN 95.01 ACRE PROPERTY,KNOWN AS THE radius curve concave Nonhwestery,whose 202.091cnt chord �vs BJORNSBN TRACT,LOCATED SOUTH OF HIGHWAY B AND bean 564'20'05'W,Thence N 89'5751'W.464.58 feet to Me Printer's fee •E�7 WEST OF BONAIRE MOBILE HOMES FROM ID,RSTO RS-8 East Line of Lakeside Addition as recorded m Pm Book 9.at Page 99 ol the nomas ol the Ofra of the Johnson County WHEREAS,the cabled property a vacant and or land In Recorder;Thence 5 00°0709'W.927.00 feel along the East agricultural use located In the Interim Development-Single- Use of said Addison to the Southeast Corner thereof:Thanes CERTIFICATE OF PUBLICATION Farrar Resdemial(1D-R5)Zone;and N 89857'51'W 144000 lee along the South Use of said rner thernol. Thence 5 STATE OF IOWA. Johnson County. ss: and WHEREAS, InvestmCB ent Corporainent Ltd tion. n legal Convect titleholder 0urchaser 002'05'W 112607 leeen to the e;T enceest oN tg'370r E.131871 leet y THE IOWA CITY PRESS-CITIZEN RS.0tr),allo requestingtheof rezoning of duprapand to the Polio of Beginning. Said Tract 01 Land contains 95.e1 B to allow constructiony ala zero-lel Ione,duplex and acres more or less,and a detached lot singmdemily residential development;and subject to easements and restrictions WHEREAS,the subtm property a located in an oNor- of rvom/ sequence development area,and contains federally designated SECTION II. ZONING MAP. The Building Inspectors hereby wetlands.the Applicant has agreed to limit development of the authorized and directed to change the Zoning Map of the City properly known as the BjornsonTract,all In accordance with the of Iowa City,to conform to lbs amendment upon final passage, I' terms andcond"ons of a CondnronalZonig Agreement,acopy approval and publication of this Ordinance as provaed by law. of which is ettadrod hereto. SECTION ILL CONDITIONAL ZONING AGREEMENT. The Sharon Stubbs, being duly sworn, say CODWr OF THEREFORE,EBEOF IIT ORDCITY,IOWA INis CITY Mayor herebyauthor-dadand damsel to sign.end the Cly that I am the legal clerk of the IOWA SECTION I. The property known as the Bjornson Tract and eIXl rddnan a"ace nd nondiionalCol Agreement eeAgreement Zoning to for Nthe IegaaY described bed below hereby rezoned from its present thrdasonin Me Johnson County Recorders Office. for CITY PRESS-CITIZEN, a newspaper Pastes/on of ID-RS m RE-8 subject to the lotlowing SECTION I. REPEALER. All ordinances and pans of published in said count and that a conditions ordinances Yn conflict with the provisions of chis Ordinance are yr 1) The understanding that this to out-of-sequence hereby repealed. notice, a printed copy of which is hereto development as it is presenty defined in the SECTION V.SEVERABILITY. 8 any section,provision organ Comprehensne Plan. al the Ordinance shall be adjudged to be invalid o attached was published in said paper 21 The density being limited to live(5)dwetng unto per acre, unconstitutional,such oda/dawn shall not affectthe validity of Sal The applicator,by the applicant fore 404 permit from the the Ordnance as a whole or any section,provision or PStime(s), on the following Corps of Engineers,and ds Issuance d applicable, thereof not adjudged Invalid or ummnslihnional. date(s): 3b) The veriilSalon by the Corps of Engineers of the SECTION VI EFFECTIVE DATE. ro The Ordnanail be r delineation of the wetlands, Shim alter FE 3c) The approval and sgnolf by the Corps of Engineers or repu by taw Passage, approval and publication e 9 other elate or federal agencies a5 required prior m approval of final construction plans, Q Ue p2 ( P aide 19 approved I 3[h day of Novemtmr, g4) The lowed floor level of any structure construcled shall not ' �...,�/'/a/T1(/�, ^ be lower than lirthee top of the street curb.measured et the OR -- ('-�"/'�— _ Waw/ of a Pofipalwa bye sued frontage.and yyyyyy,,, z/ 'l 1 I Si The dedication ol the designated wetlands andlnstallatbn ATTEST ...] Tt. ZryP,� of e looped pvlhweyt CITY CL K Legal descdpten of the subject tract A pan of the E 12 of the SE leof Section 23,and a pan of the W 12 0l the SW 1M ol Section 24,a0 in Township 79 Legal Clerk Noah,Flange 6Wee,ofthe Felt Principal Mandan, cribedlaws Ciy, A,4, '/ Johnson County,Iowa,more panoulrne described asfoibws �� Beginning at the Southeast corner of said Section 23, ., t TheY N882t', E1319681edlThancoN00099Y1V, C Attorney's a�r sOochogy Subscribed and sworn to before me CONDITIONAL ZONING AGREEMENT this 7_ day of -Q- C r _ . A.D. THIS AGREEMENT is made by and between the City of Iowa City,Iowa,a Municipal Corporation . 1 (City),Bjornson Investment Corporation(Owner),and CB Development,Ltd.,an Iowa Corporation 19 96. . (Applicant). / " `Q,_ ,, ,,y�— 624;c1.) ,QJ WHEREAS,the Applicant has contracted to purchase the subject property,known as the Bjomsen d Tract,and located south of Highway 6 and west of Bon Aire Mobile Homes,In Iowa City,Iowa; Notary Public and WHEREAS,the subject property is vacant land or land In agricultural use located in the Interim I MARGARET RIOS Development-Single-Family Residential(ID-RS)Zone;and /0 ' • °a WHEREAS, the Applicant, as Contract Purchaser and the Owner, as legal title holder are requesting the rezoning of the subject property to RS-8 to allow construction of zero-lot line, duplex and detached single-family residential development;and WHEREAS,the subject property Is located In an out-of-sequence development area within the corporate limits of the City,and contains federally designated wetlands,the applicant has agreed to limit development of the property known as the Biomsen Tract,all In accordance with the terms and conditions set forth herein. NOW,THEREFORE,the Parties agree as follows: 1, Applicant is contract purchaser and equitable title holder of the property located south of Highway 6 and west of Bon Aire Mobile Homes,and known as the Bjomsen Tract,which property is more particularly described as follows: A part of the E 1/2 of the SE 1/4 of Section 23,and a part of the W 1/2 of the SW 1/4 of Section 24,all in Township 79 North,Range 6 West,of the Fifth Principal Meridian,Iowa City,Johnson County,Iowa,more particularly described as follows. Beginning at the Southeast Corner of said Section 23;Thence N 88°21'12' E, 1319.68 feet;Thence N 00°09102'W,2212.14 feet;Thence N 74°09'33'W,380.07. ' feet to a point on the Southeasterly Right-of-Way Une of Lakeside Drive;Thence - 6 38°38'01'W,285.69 feet along said Southeasterly Right-of-Way Line;Thence Southwesterly 209.03 feet,on a 233.00 foot radius curve,concave Northwesterly, whose 202.09 fool chord bears S 64°20'05'W;Thence N 89°57'51'W,464.58 feet to the East Line of Lakeside Addition,as recorded in Plat Book 9,at Page 99 of the Records of the Office of the Johnson County Recorder;Thence S 00°02'09' W,927.00 feet along the East Une of said Addition to the Southeast Corner thereof;Thence N 89°57'51'W,1440.00 feet along the South Line of said Addition to the Southwest Corner thereof;Thence S 00°02'05'W,1126.07 feet;Thence N 89°37.07'E, 1318.71 feet to the Point of Beginning..Said Tract of Land contains 95.61 acres more or less,and Is subject to easements and restrictions of record. U-fl. 75' 90 39I',3 2. Owner is the contract seller and legal title holder of the property. , • 3. Owner hereby consents to and joins Into this Conditional Zoning Agreement,and agrees to abide by the terms of the Agreement in all respects. 4. In consideration of the City's rezoning of the subject property from ID-RS,Applicant and Owner agree development and use of the subject property will conform to the require- ments of the RS-8, Medium Density Single-Family Residential Zone, as well as the following additional conditions: 1) The understanding that this is out-of-sequence development as it is presently defined In the.Comprehensive Plan, 2) The density limited to five(5)dwelling units per acre, 3a) The application by the applicant for a 404 permit from the Corps of Engineers,and Its Issuance if applicable, 3b) The verification by the Corps of Engineers of the delineation of the wetlands, 3c) The approval and signoff by the Corps of Engineers or other state or federal agencies as required prior to approval of final construction plans, 4) The lowest floor level of any structure constructed shall not be lower than the top of the street curb,measured at the highest point of the lot's street frontage,and 5) The dedication of the designated wetlands and the installation of a looped pathway. 5. Applicant and Owner acknowledge that the additional conditions herein are reasonable, and satisfy public needs which are directly caused by their requested change. 6. Applicant and Owner further acknowledge that in the event the subject property is transferred, sold, redeveloped, subdivided, divided or split, there shall in no event be redevelopment that occurs which is not in conformance with the terms of this Agreement. 7. Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land;that the Agreement shall, upon execution, be recorded in the Johnson County Recorders Office; and that the Agreement shall,without further recitation,continue to be a covenant running In favor of the City on each and every portion of the subject property, unless or until released of ' record by the City;and shall inure to the benefit end bind all successors,representatives and assigns in interest of each and every Party hereto. B. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant from complying with all applicable local,state and federal regulations,and both Applicant and Owner acknowledge same. 1 Dated this jcTn / day of )r*oL•e>\ , 1990. CB DEVELOPMENT,LTD.,APPLICANT CITY OF IOWA CITY,IOWA � � By: By. Carol Barker,Prednt 8 Secretary ohn McDonald,Mayor CB Development, Ltd. BJORNSEN INVESTMENT CORPORATION,OWNER ATTEST: I� • By: i ' :S- LJ BY: /r(a..ui..� 7(! Taw any R. ' msen,Secretary Madan K.Karr,City Clerk Bjornse• estment Corporation 02567 November 21,1990 ORDINANCE NO. 90-3484 AN ORDINANCE AMENDING THE CITY CODE BY ADOPTING ATAP-ON FEE ENABLING ORDINANCE,AUTHORIZING THE ADOPTION OF PROJECT-SPECIFIC TAP-ON FEE ORDINANCES, AND PROVIDING SUBSTANTIVE AND PROCEDURAL RULES FOR THE ADOPTION THEREOF. WHEREAS, in order for development to occur in areas of the City beyond the current service areas of public utlities, such public utilities must be extended thereto; and WHEREAS, the cost of extension of such public utilities represent a financial burden which would hamper otherwise desirable development; and WHEREAS,tap-on fees provide a mechanism of sharing the cost of such improvements equitably throughout the area benefitted by the improvement at minimal cost to current public • utility users; and WHEREAS, the adoption of project-specific tap-on fee ordinances should be authorized and their content and procedure specified by an enabling ordinance NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the City Code is hereby amended by adding the following ordinance thereto: Section 1. The purpose of this ordinance is to establish substantive and procedural rules for the adoption and implementation of project-specific tap-on fee ordinances which shall provide for the equitable apportionment of the costs associated with extension of public utility service to development in areas beyond the current service area of public utilities which have not been previously assessed for public utility services, by charging a proportionate share of the total, actual construction cost of the public utility to each owner of benefitted property at the time of such owner's connection to the public utility. Section 2. It is the finding of the Iowa City Council that authority for the establishment of project-specific tap-on fee ordinance is found in Article III, Section 38A, Constitution of the State of Iowa, and Chapter 364, Code of Iowa. Section 3. The City Council shall substantially comply with the following procedures in the adoption of project-specific tap-on fee ordinances. A. State Code and local rules regarding the adoption of ordinances shall apply, except as augmented by these procedures. B. A public hearing shall be held before the City Council prior to passage of the ordinance. Notice of public hearing in addition to that required at 362.4 Code of Iowa, shall: 1. include the publication in a newspaper of general circulation of an additional notice in the form of a display advertisement at least two columns wide by six inches long, containing a brief summary of the proposed ordinance and the benefitted area; and Ordnance No. 90-3484 Page 2 2. be sent by ordinary mail to the owners of record of real property within the benefitted area. C. Upon adoption of a project-specific tap-on fee ordinance, a certified copy of the ordinance shall be filed in the office of the Johnson County Recorder. Section 4. A project-specific tap-on fee ordinance shall contain the following: A. A general description of the project, including a narrative of the reasons for its construction, a recital of actions taken in approving its construction, a description of any interim financing used and disclosure of any agreements between the City and events of any benefitted properties, including but not limited to tap-on fee pre-payment and development sequencing. B. A map showing the general location of the project area in relation to the Comprehensive Plan, land use component of the City. C. A plat and legal description of the utility constructed. D. A plat and legal description of the properties benefitted by the construction of the public utility. E. A calculation of the total area, in acres,of the property benefitted by the construction of the public utility. F. The City Engineer's certification of the actual, total cost of the construction project, including, when applicable, interest costs. G. A schedule of fees,on a per-acre basis,to be paid by an owner or building permit applicant upon connection to the public utility constructed. H. A finding of properties within the benefitted area which are exempt from the project- specific tap-on fee ordinance by virtue of their having been previously assessed for the service provided by the public utility constructed. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section,provision or part of 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. Ordinance No. 90-348.4 Page 3 Passed and approved this 11th day of December, 1990. . C17 /11 AYOR pro tem 17-t7---a ATTEST:} &4 cos) 7� • �[�.c,tJ CITY ERK Appro -• by City Attorney's Office // 9!d upont«.ord 1 It was moved by Courtney and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 11/13/90 Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration 11/27/90 Vote for Passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Date published 12/19/90 �� 1 }- :1.7 'l1If•'P".i ' ail '6 + CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY ) I, Sue Johannes, 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. 90-3484 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of December , 19 90 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of December 1990 Dated at Iowa City, Iowa, this 11th day of January , 1991 . ALL kZ4W9 Sue Joh nes Deputy City Clerk • CIVIC CENTER • 410 E. WASHINGTON ST. g�• 'a PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 (iftim FAX(3I9) 356-5009 p for 1c` • • - J OFFKIAL PUBLICATION Sed;;ae. A P0,ed4 c^ic'"p°"fiti gnarl shall omen the loe'.b'g: ORDINANCE NO. 90-34E4 A A narrative edwthe readtMpopp,iitlutliig • I'rl iter s lee$22:20 •na"yAe el the reasons its 1AN ORDINANCE AMENDING THE CITU CODE BY ADOPTING conchal o actions taken in ea y an ATAPONFEEENABLWGORDINANCE,AUTHORRING THE ndrg v a stdisionclosure of re M°run CERTIFICATE OF PUBLICATION ADOPTION OF PROJECT-SPECIFIC TAP.ON FEE ° dne used and dmtlowre of w ORDINANCES, MID PROVIDING SUBSTANTIVE MID Nraerelm baMw th GAy sed swtlh d STATE OF IOWA. Johnson County.ss: I PROCEDURAL RULES FOR THE ADOPTION THEREOF, ybene'tl°d pmpan�;l d'p bA g lunn°d to tepqu fw pegaymem W THE IOWA CITY PRESS-CITIZEN WHEREAS,in eget for development b ocarin arm of the deraopmlem agi 'g. City beyond the anent serves areas_ol public Mies.suchII B. A nap allowing 1M general been e e I public utilijea must be emended Menson;and I wailed land i relation a Me Ccirnim nalw WHEREAS,.the cost of extension of each pubic gibes pial an vele al descr al the Cay. repreem a financial burden which wood'hamper otherwise I C. Aa Pw °� legal description of the utility desirable development;andA I sided. prowess WHEREAS.tapan fen provide a mechanism of sharing the O. benefited by the wnstrudlat and e/ nnnoflhe of the public 1, -- cost of such improvernents squilsh& throughout Ihe area ieny benefited by the vnprovemer at minimal cost to anent pubic W users;and E. Asa calculation of Meledarea ln•«ae.dthe Sharon Stubbs, being duly sworn, say M ,the adoption of project-smile lap-on fee properly Metaled by the aMncWn of the WHEREAS that I am the legal clerk of the IOWA ordinances should beTheloy En. CITY PRESS-CITIZEN, a newspaper procedure creed aeabing and their content and F The Co oast ci eeccce construct*, actual, MwE IT HE EBVOA taw au gas construct*, Maack NOW,THEREFORE,BE R HEREBY�ORDAINED BY THE ircduq when ap&ade itereel cons. published in said county, and that a CITY COUNCIL OF IOWA CITY,IOWA'. G Aschedule of Nee ownerOanamr.a mibasis,*M notice, a printed copyof which is hereto MSECTION I.bllow'm That the City Cede ehereby amended byyadding paid by anwnerorbuddtng pit pekoe g ordinance thereto: ami coheotbn to the pubic Nally Section 11. The purpose or this ordinance b b attache ; was published in said paper aam«.e. establish substantive and procedural rules-la the H. A Ewing of properties wahii the MnfMd titne(s), on the following adoption and impementatorld praefoapecut!won area whim)empiricists-onaempts barn re potedr lea ordinances which shall provide f«the equable pbeenlet dunce by value el their date(s): epmnbnmem of the costs associated wehwcleebrt having bean previously assessed M the 1 /�� . of pubic utility service to deuelament in areae berme the• e current carvka area of public utilfiaa which have HMG provided by the oubYc dice l �G not bean prevbuslyassessed for pubic unity melees, constructed. • by chpip ging a ponryactual ure share of the total, SECTION II. REPEALER. AL ordbarlcale and per! le conatmdcn an of the public Way to each owner of «reby rep in conflict who the povwn of'Na Ordnuwa w benefited property at the time of such owner's SECTInipeeed I animation to theP fdloo. SEC nelfrS I SEVERABILITY. nautatany Mbmed The vnicped , 5,....4-00----9-,....‘ � — �^ Section 2. ;It a the finding of.Me beta Cay Council of the Ordnance shall be adjudged to be inveed « I that authority for Ma wta hshms d poleclsmdr the OntMne as KW or section. .pro ision vatic*rt I a� tap-on fee orinaaa a loom in Melo,Ill,Section the f3minerlce w a*KW a erry aecfm,pnsbbn Or Part 0.Cormtautbn d the State of Iowa.and Chapter thereof pct•d ed nwlid or DATE. ThE Ordinance Legal Clerk 304,Code d lows SECT ON IV. EFFECTIVE ThsDm le eaWMi t g .Section 3.The CM Council shalt substantially comply effect atter ha final panne. approval and Publication as with the hollowing.procedures in-the adoption of. required by Ipw_ priNatopecific tap-on fee ordinances. Passed and approved Ns 1111, day of December, Subscribed and sworn to before me A State Code and local mice regawng the 1990. adoption of ordinances shall apply,except as ' augmented by these procedures: B. Apuble hearing shall be held before the City I / A •..),•- this _-_T day of _ _ . A.D. I Council prior to passage ofthe ordnance. ' VON Pro fent Notice of pubic hearing in addition to Vial /` I required al 303.4 Calad lora shalt': �/ I- nide the yy V �/ 19 JJ le -1 If newspaper of generalpdadr uleten of ATTEST` go..m� T p+-/ � V . aaayMeeldeee tuff can de CITU CLERK 1 dvumnedeeetcItlesONO .riLP,(/T I columns wiea by lee m any erg, 01933_- -- _ December 19.1990 -_ containing•brill summary a the Notary Public pmass ordinance end m. _ beneficed vat and�C,�, MARGARET BIOS 2. be dem by ordinary mad to the ran of retard of real property ! 0-Ro r 9 ? C. INon adption the approve-a area. lM ordnance,•certified copy d the ordnance Mat be lied in the office of the Johnson Counts Recorder.