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HomeMy WebLinkAbout1996-04-23 Ordinance6/7 ORDINANCE NO. AN ORDINANCE TO AIV1END TITLE 14, CHAPTER 6E, "ZONING," ARTICLE J "OVERLAY ZONES" BY ADDING A NEW SECTION 5, ENTITLED "DESIGN REVIEW OVERLAY ZONE (ODR)" OF THE CITY CODE. WHEREAS, the City of Iowa City deems it necessary and appropriate to establish formal design review procedures and guidelines to use when evaluating development projects and other urban design related projects in the central business district and the Near Southside Neighborhood, and WHEREAS, the City deems it in the public interest to establish enabling legislation to allow the designation of design review districts in the central business district and the Near Southside Neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 14-6J-5: DESIGN REVIEW OVERLAY ZONE A. PURPOSE AND INTENT: The purpose of this Article is to: Promote the public health, safety and general welfare of the citizens of the City. Promote orderly community growth, protect and enhance property values, and encourage both harmonious and innovative design. Protect and enhance the social, cultural, economic, environmental, and aesthetic development of the central business district and the Near Southside Neighborhood. Recognize environmental and aesthetic design as an integral part of the planning process within the central business district and the Near Southside Neighborhood. Recognize that land use regulations aimed at these objectives provide not only for the health, safety and general welfare of the citizens, but also for their comfort and prosperity, and for the beauty and balance of the community. These objectives are, therefore, the proper and necessary concerns of local government. B. DEFINITIONS: As used in this Zone, the following definitions shall apply: APPLICATION: A written request by a property owner or their agent to the Design Review Committee for a certificate of appropriateness. Ordinance No, Page 2 CERTIFICATE OFAPPROPRIA TENESS: The document which evidences approval by the Design Review Committee of a proposal to make a compatible change in exterior appearance to a building or real property within a design review district. This certificate must be secured before a building permit, sign permit, or other regulated permit may be issued. CERTIFICATE OF NO MATERIAL EFFECT: The document which evidences that a certificate of appropriateness is not required for exterior alterations or construction which consist of ordinary maintenance or repair even if a regulated permit is otherwise required. CHANGE IN APPEARANCE: Any change or alteration of the exterior features of a building or change or alteration of the exterior appearance of real property within a design review district. This definition shall pertain only to changes in exterior appearance which are visible from the public way and for which a building, sign or other regulated permit is required for compliance with applicable City Codes. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a building or real property and for which no regulated permit is required. COMMITTEE; The Design Review Committee as established by Resolution of the City Council DESIGN REVIEW DISTRICT: An area of buildings which contains contiguous parcels of real property under diverse ownership, the built portions of which: (a) are expressive of the defining architectural and other physical and aesthetic properties which give evidence to the physical traditions of Iowa City and unique features of the area; (b) lack any defining physical or aesthetic qualities but constitute areas in which the City wishes to establish such qualities. DESIGN REVIEWREPORT: The Design review report describes in general and specific terms the existing characteristics or the desired characteristics of the design review district. Following consultation with district property owners and residents, the report defines the boundaries of the district and identifies, locates, quantifies and characterizes the prevalence of existing architectural features or the creation of defining architectural features. Guidelines to be used in the review of regulated permits are also components of the report. GUIDELINES OFA DESIGNREVIEWDISTRICT: Guidelines are applied on a district-by-district basis and relate to issues of compatibility with existing prevalent architectural features or the creation of defining architectural features. Guidelines shall be applied to consideration of the issuance or non-issuance of certificates of appropriateness. REGULATED PERMIT: A permit issued by the Building Official, or other official of the City, according to the provisions of (1) the Uniform Building Code or (2) "Sign Regulations" of this Chapter, Ordinance No. Page 3 C, PROCEDURES FOR DESIGNATION OF DESIGN REVIEW OVERLAY (ODR) ZONE: Report by Design Review Committee; Hearing: The Design Review Committee must make a report recommending that an area be designated an ODR zone. The proposed area under consideration must be located within the area bounded by Iowa Avenue on the north, Gilbert Street on the east, the Iowa Interstate Railway mainline on the south, and Madison Street on the west. Before any report or recommendation is submitted to the Planning and Zoning Commission for review, the Design Review Committee shall hold a public hearing on any proposal to designate an area as an ODR zone. The Design Review Committee shall give prior notice of the time, date, place and subject matter of such hearing, which notice shall be published in a newspaper having a general circulation in the City at least four (4), but not more than twenty (20) days before the public hearing. Such notice shall also be served by ordinary mail addressed to each property owner of land included in such proposed ODR zone at the property owner's last known address. If the address of any property owner is unknown, such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. After this public hearing, the Design Review Committee shall submit its report to the Planning and Zoning Commission and shall include a proposed ordinance establishing such ODR zone, describing the boundary for the design review district, and outlining the design guidelines for the design review district. Planning and Zoning Commission Recommendation: Within sixty (60) calendar days of receiving the report and the proposed ordinance from the Design Review Committee, the Planning and Zoning Commission shall submit its recommendations to the City Council based on how the proposed district relates to the Comprehensive Plan, Zoning Ordinance, proposed public improvements and other plans for the renewal of the proposed district area. The Planning and Zoning Commission shall recommend approval, disapproval or modification of the proposed ODR zone. Upon submission of the report of the Planning and Zoning Commission or upon the expiration of the sixty (60) day period, whichever is earlier, the matter shall be transmitted to the City Council. The Design Review Committee shall be advised of any modifications to the proposed ODR zone recommended by the Planning and Zoning Commission. Non-concurrence: In the case of non-concurrence between the Commission and the Committee, the reports of both bodies shall be forwarded to the City Council for recommendation. Public hearing and considerations of City Council: Upon receiving the recom- mendations of the Planning and Zoning Commission, the proposed ordinance, and the report of the Design Review Committee on the proposed designation of an area as a design review district, the city council shall provide notice for and conduct a public hearing on an ordinance establishing the proposed design review district. The council may approve, modify or disapprove this ordinance Ordinance No. Page 4 proposal without further consultation with the Planning and Zoning Commission or the Design Review Committee. APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS: Certificate Required: No person shall undertake a change in appearance as defined in this Section, unless a certificate of appropriateness or a certificate of no material effect has been granted. 2, Conditions of Certificate Issuance: Certificate of No Material Effect: A Certificate of No Material Effect shall be issued when, in the opinion of the Building Official, the proposed alteration or construction requiring a regulated permit consists of ordinary maintenance or repair that does not involve changes in exterior architecture and general design, arrangement, texture, material, or color. Upon the filing of an application for a Certificate of No Material Effect, the Building Official shall determine within five (5) working days after staff receives the completed application if a Certificate of No Material Effect should be issued. If, after review, the Building Official determines that a Certificate of No Material Effect should be issued, ~he Building Official shall issue a Certificate of No Material Effect and shall notify both the applicant and the Design Review Committee. A regulated permit may then be issued if the project complies with all other applicable City Codes. If the Certificate of No Material Effect is denied, the applicant shall be notified within two (2) workin. g days of the decision and the application shall be forwarded to the Design Review Committee for review for a Certificate of Appropriateness. b= Certificate of Appropriateness: A Certificate of Appropriateness shall be applied for when, in the opinion of the Building Official, the proposed alteration or construction will result in a change of appearance or when a Certificate of No Material Effect is denied. o Design Guidelines for Review of Applications: Design guidelines shall be adopted by ordinance by the Design Review Committee and the City Council for each design review district, and shall apply to all property requiring a certificate of appropriateness in each district. 4. Certificate of Appropriateness Review Process: Preliminary Review: Prior to application for a certificate of appropriate- ness, the applicant may request preliminary review by the Design Review Committee to discuss basic intentions and plans before investing Ordinance No. Page 5 time in detailed designs. Preliminary review is not required but recommended for large or complex projects. The applicant is encour- aged, but not required, to submit the application materials listed in Section 14-6J-4E of this Article. Final Application and Review: (1) Application Submission: An applicant has the option of applvincl for a certificate of a. poropr.iate_ness at the_ same time t_he applicant applies fo[ a buildinq permit or anytime before the applicant applies for a buildinq permit. In either instance, a certificate of appropriateness must be issued prior to the issuance of a building permit. The applicant is encouraqed to schedule the certificate of appropriateness process far enough in advance of the building permit application process so as' to avoid delays in the applicant's desired construction schedule. Application for a certificate of appropriateness shall be submitted to the Building Official for design review approval. All applications for a certificate of appropriate- ness shall be received at least seven (7) working days before the regularly scheduled meeting of the Design Review Committee. The Building Official shall forward the application to the Design Review Committee staff person within two (2) working days after the Building Official receives the completed application. Within twenty-one (21) working days of submission of the application, the Design Review Committee shall vote upon any application for certificate of appropriateness, or the application shall be deemed as receiving approval from the Design Review Committee; provided, however, that the applicant may agree to a written extension of time. (2) Committee Review and Approval: (a) Committee Findings. The Committee shall review the application according to the duties and powers specified herein. The Committee shall consider whether the change in appearance conforms to design guidelines for the design review district in which the project is located. (b) Approval or Disapproval. The Committee shall approve, approve with modifications, or disapprove a certificate of Ordinance No. Page 6 appropriateness. If the application is approved or ap- proved with modifications acceptable to the applicant, a certificate of appropriateness will be issued, signed by the chairperson and immediately filed with the Building Official, together with the application, and a copy of the certificate sent to the applicant by ordinary mail. If the application is disapproved, it will be immediately filed, along with the Committee's findings, with the Building Official, and a coov sent to the aoDlicant bv ordinarv mai!. (3) Appeal to the City Council. Any applicant aggrieved by any deci- sion of the Committee regarding a certificate of appropriateness in a design review district may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than ten (1 O) 5vci~c== workin~ days after the filing of the abovementioned Committee's findings. The City Council shall, within a reasonable time, hold a public hearing on the appeal, give the public notice as required by State law, as well as provide written notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the City Council shall consider whether the Committee has exercised its powers and followed the guidelines established by law, this Article, and the design review report, and whether the Committee's action was patently arbitrary or capricious. In exercising the above-mentioned powers, the City Council may, in conformity with the provisions of this Article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Committee from whom the appeal is taken. Compliance with Certificate Required: Certificates of appropriateness issued on the basis of approved applications authorize only those changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or designee to inspect, from time to time, any work performed pursuant to such a certificate to ensure compliance with the requirements of such certificate. If it is found that such work is not being carried out in accordance with the certificate, the Building Official shall issue a stop work order. Any change in appearance at variance with that authorized by the certificate shall be deemed a violation of these regulations. Revisions to Approved Design Plans: Substantive changes to an approved certificate of appropriateness require submittal of those changes to the Design Review Committee and the requirements set forth in this Section. Ordinance No. Page 7 E+ SUBMITTAL REQUIREMENTS: Preliminary Review Submittal Requirements: Preliminary submittals may contain any elements called for in the final application submittal section, at the option of the applicant. w Final Application and Review Submittal Requirements: The following are submittal requirements for all projects subject to design review. Ten (10) copies of all drawings and written materials must be submitted along with the design review application. These drawings may be design drawings, although construction (working) drawings may be substituted for design drawings. All submittal documents should follow accepted conventions of drawing, namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. In addition to the following submittal requirements, each application shall contain the name and address of the applicant, address of the project, name and address of the property owner, a project description, and a project time schedule. Site Plan: For those applications for certificate of appropriateness that also require site plan review under Title 14, Chapter 5, Article H, entitled Site Plan Review, a site plan shall be provided in compliance with Sections 14-5H-2, 14-5H-4, and 14-5H-5 unless otherwise required by this Section. If requirements are in conflict, the more restrictive requirements shall apply. Site and Neighboring Environment: Provide photographs of the existing site and site conditions on adjacent properties within one hundred feet (100') of proposed changes. Include photos of views to and outlooks from the site. Clearly label each photograph. Landscaping Plan: Show at same scale as site plan. This may be combined with the site plan in Subsection E2a above, as long as all site plan elements and landscaping elements are easily discernible. (1) Existing trees five (5) inches or more in diameter with Their proposed disposition, i.e., to be retained or removed. Give species and trunk diameter of each. (2) Location, species names, including common and Latin names and size of all new plant materials at planting-gallon or box size. Use symbols and a legend as necessary. Ground cover may be indicated en masse. d. Building Elevations: (1) Show all project elevations visible from public right-of-way or sidewalk. (2) Note all finish materials on drawings and provide color samples. Ordinance No. Page 8 (3) ~4) 15) {6) Dimensions of building heights from finish grade, Dimensions of all exterior walls and fences, including heights. Location, type and size of signs. Location of mechanical equipment, roof equipment, electrical transformers and solar panels, including means of screening roof equipment. Sections: Provide at least one sectional drawing at a suitable scale to show relationship of buildings to the site, public street and parking area. Signs: Provide a scaled drawing of each proposed sign with exterior dimensions and mounting height. Give total area of each sign. (1) Draw or provide sample of letters and logos, and the full message to appear on the sign. {2) Describe materials and colors of background and letters. {3) Give means and magnitude of illumination. g. Additional Information: (1) Additional information, drawings or other materials necessary to describe the project may be requested by the Design Review Committee staff person or Design Review Committee depending on the nature of the project or site. The applicant may include additional information or materials such as sketches, videos, models or photos if they help explain the proposal. {2) The Design Review Committee staff person may, at the staff's discretion, waive any of the submittal requirements if the nature of the project renders the requirement inappropriate, excessive, or unnecessary. REMEDY OF DANGEROUS CONDITIONS~: Except for emergencies as determined by the Building Official pursuant to the City Code, City enforcement agencies and departments shall give the Design Review Committee at least thirty (30) calendar days' notice of any proposed order for remedying conditions determined to be dangerous to life, health or property which may affect the exterior features of any building within a design review district. See also Section 14-5F-3 of this Title. Ordinance No. Page 9 Where the danger to life, health or property may be abated without detracting from the exterior features of the building, the Committee shall have the power to require that changes or alterations not adversely affect the exterior features of a building. In such cases, it shall be the responsibility of the Committee and the City enforcement agency or department to cooperate with the property owner in an attempt to achieve a design solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the Committee and shall be signed by the chair of the Committee, the property owner and the head of the City enforcement agency or department. If a solution acceptable to the Committee, the City enforcement agency or department and the property owner cannot be reached within thirty (30) calendar days or a period of time acceptable to the City enforcement agency or department, the agency or department shall proceed to issue and enforce its proposed order. G. VIOLATIONS: Any violation of this Section shall be considered a simple misdemeanor or municipal infraction or environmental infraction as provided in Title 1, Chapter 4 of the City Code. 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 uncon- stitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ! I- MAYOR ATTEST: CITY CLERK Approved by i~ty ~ttorney's Office ORDINANCE NO. AN ORDINANCE TO AMEND TITLE 14, CHAPTER 6E, "ZONING," Af ZONES" BY ADDING A NEW SECTION 5, ENTITLED "DESIGN (ODR)" OF CITY CODE. J "OVERLAY OVERLAY ZONE WHEREAS, design review other urban desi, Neighborhood, and WHEREAS, the the designation of Southside Neig NOW, THEREFORE, BE I; IOWA: SECTION I. 14-6J-5: DESIGN REVIEW City of Iowa City deems it necessary and app edures and guidelines to use when evaluati~ elated projects in the central business establish formal development projects and and the Near Southside :eems it in the public interest to est~ ish enabling legislation to allow review districts in the business district and the Near RDAINED BY THE CITY C~UNCIL OF THE CITY OF IOWA CITY, ZONE A. PURPOSE AND INTENT: Article is to: 1. Promote the public health City. and general welfare of the citizens of the 2. Promote orderly commun] [ and enhance property values, and encourage both harmo~/~u~ and i design. 3. Protect and enhanc~ the social, Jral, economic, environmental, and aesthetic developm~ht of the central ;~ess district and the Near Southside Neighborhood./ ~ 4. Recognize envir/bnmental and aesthetic des as an integral part of the planning proce/~s within the central business Irict and the Near Southside Neighborhoo/~ 5. Recognize/1~at land use regulations aimed at these o~i~ctives provide not only for the h~alth, safety and general welfare of the citizens, but also for their comfort/and prosperity, and for the beauty and baianc~ of the community. These/~bjectives are, therefore, the proper and necessaryconcerns of local gove/~ment. ~ B. DEFINITI/~NS: As used in this Zone, the following definitions shall ap~, APPLICATION~ A written request by a property owner or their agent to the Des~3~Review Committ/7 a certificate of appropriateness. ~, Ordinance No. Page 2 ~ TE OFAPPROPRIA TENESS: The document which evidences a Review of a proposal to make a compatible change in building or property within a design review district. This certi' before a permit, sign permit, or other regulated permit by the Design appearance to a must be secured issued. CER TIFICA TE of appropriateness ordinary The document not required for exterior alterations or repair even if a regulated permit is that a certificate which consist of uired. change or alteration of This definition shall pertain public way and for which a with applicable City Codes. prohibit or limit normal repairs the exterior features of a required. Any change or es of a building or )earance of real prol within a design review district. ~ to changes in exterior ~ ., which are visible from the ting, sign or other reg~ permit is required for compliance rthermore, nothing this definition shall be construed to ~aintenance whic involve alterations or changes in or real prope and for which no regulated permit is COMMITTEE: The Desig ;stablished by Resolution of the City Council. DESIGN REVIEW DISTRICT.' An area of ngs which contains contiguous parcels of real property under diverse ownership, the bui ~ortions of which: (a) are expressive of the defining arc which give evidence to the area; and other physical and aesthetic properties ions of Iowa City and unique features of the (b) lack any defining physical or ~sthetic wishes to establish such q~ but constitute areas in which the City DESlGNREVlEWREPORT: The ~sign review report cribes in general and specific terms the existing characteristics desired ;s of the design review district. Following consultation with property owners 'esidents, the report defines the boundaries of the district identifies, locates, q characterizes the prevalence of existing architectural feazt'ures or the creation of defining ar~itectural features. Guidelines to be used in the review//~f regulated permits are also compon'~ts of the report. GUIDELINES OFA DESI/GN REVIEW DISTRICT: Guidelines are ap~ed on a district-by-district basis and relate to issues of compatibility with existing prevalent ar~thitectural features or the creation of defining ~chitectural features. Guidelines shall be applie~to consideration of the issuance or non-i~fiance of certificates of appropriateness, ~ REGULATED PERMIT: A permit issued by the Building Official,,~o.r,,o..t~e'~official of t,h,e City, according to th/~ provisions of (1) the Uniform Building Code or (2) "Sign I~,egulations of this Chapter. //// ~ ~3 NO, )CEDURES FOR DESIGNATION OF DESIGN REVIEW OVERL (ODR) ZONE: Report by Design Review Committee; Hearing: The must make a report recommending that an area he proposed area under consideration must by Iowa Avenue on the north, Gilbert ~rstate Railway mainline on the south, e.any report or ~ssion for review, the Design Revie' on any proposal to designate an ;ommittee shall give prior notice ;uch hearing, which notice culation in the City 3e public hearing. Su( Revie~ matter ag days mail zone at the owner's la property ~wner unknown, st at the this public hearin Planning and Zoning establishing such ODR district, and outlining the Review CommiTtee hated an ODR zone. located within the area on the east, the Iowa Street on the west. g and Zoning Committee shall hold a public as an ODR zone. The Design time, date, place and subject be published in a newspaper having (4), but not more than twenty (20) shall also be served by ordinary land included in such proposed ODR known address. If the address of any notice shall be served by ordinary mail address of the property in question. After shall submit its report to the and shall include a proposed ordinance describing the boundary for the design review sign guidelines for the design review district. Planning and Zoning Cc days of receiving Review Committee, recommendations relates to the improvements an¢ Planning and Zo modification of Planning and i City )rehensive )lans Commission sh 3osed Commission or Within sixty (60) calendar the proposed ordinance from the Design and Zoning Commission shall submit its ncil based on how the proposed district Zoning Ordinance, proposed public ,~newal of the proposed district area. The recommend approval, disapproval or Upon submission of the report of the the expiration of the sixty (60) day period, is earlier, the matter sh~ be transmitted to the C~ty Council. The Designeeview Committee shall be ac~ised of any modifications to the proposed//~)R zone recommended by the Pl~ing and Zoning Commission. 3. Non-con,¢'urrence: In the case of non-concurrence between the Commission and the'Committee, the reports of both bodies s'~,all be forwarded to the City Cou,~,(I for recommendation. ~ 4. Pul~i'ic headng and considerations of City Council: U~,on receiving the recom- m)~ndations of the Planning and Zoning Comrnission, th.~ proposed ordinance, a/hd the report of the Design Review Committee on the ~roposed designation /Of an area as a design review district, the d[ty oc uncil sha~,provide notice for / and conduct a public hearing on an ordinance establishing th~;~roposed design ///review district. The council may approve, modify or disapprove this ordinance No. proposal without further consultation with the Planning and Zo or the Design Review Committee. Commission FOR CERTIFICATES OF APPROPRIATENESS: of rtificate Required: No person shall undertake a ned in this Section, unless a certificate of material effect has been granted. in appearance as or a certificate ~s of Certificate Issuance: ificate of No Material Effect: of exterior or coJor. issued when, in the alteration or construct maintenance or :hitecture and ger Certificate of No Material Effect of the Building Official, the a regulated permit consists that does not involve changes in arrangement, texture, material, Upon the filin the Building staff receives Effect should be is that a Certificat( Official shall is both the app permit ma' applicable ion for a Certificate of No Material Effect, determine within five (5) working days after )leted application if a Certificate of No Material If, after review, the Building Official determines ~ Material Effect should be issued, the Building :ate of No Material Effect and shall notify and Design Review Committee. A regulated be if the project complies with all other Codes. If the C No notifie~ (2) workin shall forwarded to the Desi Cert of Appropriateness. is denied, the applicant shall be decision and the application Committee for review for a b. Appropriateness: :ate of Appropriateness shall be ~plied for when, in the opinion of the ¥ilding Official, the proposed /alteration or construction will result in a c~nge of appearance or when a Certificate of No Material Effect is deni% 3. D~/sign Guidelines for Review of Applications: De'~gn guidelines shall be a~lopted by ordinance by the Design Review Committc~ and the City Council ,/for each design review district, and shall apply to air\property requiring a /ceWdicate of appropriateness in each district. ~ 4/ Certificate of Appropriateness Review Process: .... ~ / a. Preliminary Review. Prior to application for a certificate of'appropriate- / ness, the applicant may request preliminary review by the Design (' Review Committee to discuss basic intentions and plans before investing Pa nance No. !. I time in detailed designs. Preliminary review recommended for large or complex projects. ThE aged, but not required, to submit the Section 14-6J-4E of this Article. required but )licant is encour- materials listed in Final Application and Review: (1) Application Submission: (a) Application for a ceF submitted to the approval. All appl hess shall be before the Review Corer application within receives of appropriateness shall be Official for design review appropriate- at least seven (7) working days scheduled meeting of the Design Building Official shall forward the Design Review Committee staff person working days after the Building Official completed application. (2) (b) lb) -one (21) working days of submission of the Design Review Committee shall vote any application for certificate of appropriateness, or application shall be deemed as receiving approval the Design Review Committee; provided, however, applicant may agree to a written extension of time. and Approval: Committee indings. The Committee shall review the application to the duties and powers specified herein. ~mittee shall consider whether the change in appearance :onforms to design guidelines for the design review in which the project is located. Approval or Disapproval. The Committee shall approve, approve with modifications, or disapprove a certificate of appropriateness. If t~e application is approved or ap- proved with modificati~,ns acceptable to the applicant, a certificate of appropriate'~ess will be issued, signed by the chairperson and immedi~tely filed with the Building Official, together with the~pplication, and a copy of the certificate sent to the appli~,ant by ordinary mail. If the application is disapproved, ibxwill be immediately filed, along with the Committees f~dings, with the Building Official. ~ Ordinance No. Page 6 (3) Appeal to the City Council. Any applicant ag! sion of the Committee regarding a in a design review district may appeal Council. Such an appeal must be in with the City Clerk no later than ten filing of the abovementioned Com~ by any deci- appropriateness action to the City and must be filed business days after the findings. The City Council shall, within a reasonable the appeal, give the public noti( well as provide written notic appellant, if different from th within a reasonable time. Council shall consider wh~ powers and followed Article, and the des Committee's action exercising the in conformity w~t affirm, wholly or decision or det~ order, requirm )m hold a public hearing on as required by State law, as to the applicant and to the )licant, and decide the appeal such the City its guidelines established by law, this review report, and whether the patently arbitrary or capricious. In powers, the City Council may, provisions of this Article, reverse or or may modify the order, requirement, appealed from and may make such decision or determination as ought to be end shall have the powers of the Committee is taken. Com issued on changes in or designe tO such certific~ If it accord ~ce with An, by certificate Required: Certificates of appropriateness of approved applications authorize only those earance set forth in such approved applications and no appearance. It shall be the duty of the Building Official )ect, from time to t~me, any work performed pursuant eto ensure compliance with the requirements of such found that such work is not being carried out in certificate, the Building Official shall issue a ~to.n in appearance at variance with that authorized deemed a violation of these regulations. d. ~evisions to Approved ~esign Plans: Substantive changes to an /approved certificate of a~ropriateness require submittal of those /' changes to the Design Reviev~xCommittee and the requirements set forth J in this Section. ~ SUB~'TAL REQUIREMENTS: ~ 1. J Preliminary Review Submittal Reqd~rem~ts: Preliminary submittals may / contain a. ny elements called for in the final a~plication submittal section, at the / option of the applicant. ~ /2. Final Application and Review Submittal Requii~ments: The following are / submittal requirements for all projects subject tbxdesign review. Ten (10) copies of all drawings and written materials must b subm~ng with the ~ Ordina7nce No. design review application. These drawings may be design dray construction (working) drawings may be substituted for desi submittal documents should follow accepted conventions all drawings should be clearly labeled, scales shown, n( clear and readable linework, and should be as clear as the following submittal requirements, each ~ and address of the applicant, address of the project owner, a project description, and a proje although drawings. All g, namely arrow on plans, In addition to contain the name and address of the ime schedule. Site Plan: For those applications for ce~ also require site plan review under Site Plan Review, a site plan shall actions 14-5H-2, 14-5H-4, and 1~ Section. If requirements irements shall apply. of appropriateness that pter 5, Article H, entitled provided in compliance with unless otherwise required by in conflict, the more restrictive Site Neighboring conditions on (100') )roposed char from the ~. Clearly la Provide photographs of the existing properties within one hundred feet Include photos of views to and outlooks each photograph. Landscapm! combined plan elements a at same scale as site plan. This may be E2a above, as long as all site elements are easily discernible. (1) Existing propos speci~ five (5) inches or more in diameter with their i.e., to be retained or removed. Give diameter of each. (2) species si~ of allnew ,bols and ale en masse. common and Latin names and aterials at planting-gallon or box size. Use as necessary. Ground cover may be d. Bui,~(ng Elevations: (~ Show all project elevations hie from public right-of-way or ~ sidewalk. ~ / (2) Note all finish materials on c ,in~; and provide color samples. / (3) Dimensions of building heights ,ron ~,nish grade. (4) Dimensions of all exterior walls and fe~c including heights. (5) Location, type and size of signs. ~ / (6) Location of mechanical equipment, roof luipment, electrical transformers and solar panels, includin ~ ot screening roof equipment. Ordinance No, Page 8 Sections: Provide at least one sectional drawing at a suitable scale to show relationship of buildings to the site, public street and area. Signs: Provide a scaled drawing of each proposed sign exterior dimensions and mounting height. Give total area of ~n. (1) Draw or provide sample of letters and Io and the full message to appear on the sign. (2) Describe materials and colors of backgro and letters. (3) Give means and magnitude of g. Additional Information: I) Additional information, drawing~ describe the project may be Committee staff person or D~ on the nature of the projec additional information or odeIs or photos if the · y to uested by the Design Review Review Committee depending s~te. The applicant may include such as sketches, videos, the proposal. (2) )esign Review ion, waive ar of reft, or staff person may, at the staff's submittal requirements if the nature the requirement inappropriate, excessive, REMEDY OF DANGEROUS CON ONS~: Except for emergencies City Code, City enforce Review Committee at order for remedying property which ma~ review district. the Building Official pursuant to the encies and departments shall give the Design (30) calendar days' notice of any proposed determined to be dangerous to life, health or the exten'~ features of any building within a design Where the dar to life, health ¢ may be abated without detracting from the exte features of the building, e Committee shall have the power to rer as or alterations not rsely affect the exterior features of a buildir In such cases, it shall bo ,nsibility of the Committee and the City ~rcement agency or department cooperate with the property owner an attempt to achieve a design condi will be corrected with minimal adverse Su be approved by the Committee, the property owner and lency or department. whereby the dangerous npact on exterior features. the chair the City enforcement See Section 14-5F-3 of this '[itle. )rdinance No. 9 If a solution acceptable to the Committee, the City enforcement agency or department and the property owner cannot be reached thirty (30) calendar days or a period of time acceptable to the Cit, agency or department, the agency or department shall proceed to is and enforce its roposed order. or munic~ Any violation of this Section shall be infraction or environmental infraction as prow( the City SECTION II. of this Ordinance are SEC'rION III. adjudg Ordinance as a whole or stitutional. SECTION IV. EFFECTIVE approval and publication, as Passed and approved this All ordinances and parts of ordinances ~by repealed. If any section, provision o :onstitutional, such ad ;ection, provision or This Ordinance by law. ~le misdemeanor I in Title 1, Chapter 4 of ~nflict with the provisions Dart of the Ordinance shall be not affect the validity of the Ijudged invalid or uncon- be in effect after its final passage, MAYOR ATTEST: CITY CLERK Approved by .., ey s Office Ordinance No. e6 appropriateness. If the proved with modifications acce certificate of appropriateness chairperson and immediat. Official, together with the certificate sent to the application is along with the Comn Official, and a copy or ap- applicant, a be issued, signed bythe filed with the Building and a copy of the by ordinary mail. If the it will be immediately filed, findings, with the Building tothe applicant by ordinary mail. Appeal to the City Coun~ sion of the Committee in a design review Council. Such an with the City Clerk fling of the ~uncil shall, wi appeal, giv as Counc powers Cornrail exercl~ in affir Any applicant aggrieved by any deci- a certificate of appropriateness may appeal the action to the City must be in writing and must be filed (10) business days after the Committee's findings. The City a reasonable time, hold a public hearing on public notice as required by State law, as written notice to the applicant and to the from the applicant, and decide the appeal time. In deciding such appeal, the City I consider whether the Committee has exercised its followed the guidelines established by law, this the design review report, and whether the action was patently arbitrary or capricious. In , above-mentioned powers, the City Council may, with the provisions of this Article, reverse or partly, or may modify the order, requirement, or req~ and to whom the ~ination appealed from and may make such decision or determination as ought to be shall have the powers of the Committee is taken. with Certificate issu, on the basis of cha ges m appearance set forth in appearance. nee to inspect, from certificate to ensure corn If it is found that such ~nce with the certificate, work order. Any change in appearance at by the certificate shall be deemed a violation ~ired: Certificates of appropriateness applications authorize only those Jch approved applications and no the duty of the Building Official any work performed pursuant with the requirements of such is not being carried out in Official shall issue a stop ~nce with that authorized ~ these regulations. Revisions to Approved Design Plans: changes to an approved certificate of appropriateness require submittal of those changes to the Design Review Committee and the requirements set forth in this Section. A. F. $TREB RECEIVED Ark STREB INVESTMENT P.O. Box 3327 · iowa CITy, Iow^ 52244 Bus~r~ss (319) 3383498 Ho~a~ (319) 338-4770 April 11, 1996 Iowa City City Council Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240 Re: Broken Arrow Estates There has been no complaint or even comment from neighbors near this Rohret Road subdivision. Therefore, we would like to request that the readings for this subdivision be exp~dited as quickly as legally possible. Thank you for your consideration. Sincerely yours, Mary Joan Streb Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. 96-3728 ORDINANCE AMENDING THE ZONING CHAP- TER BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE .14 ACRE PARCEL LOCATED AT 24 N. VAN BUREN STREET FROM RM-44, HIGH DENSITY MULTI-FAMILY RESIDENTIAL, TO R/O, RESIDENTIAL/OFFICE. WHEREAS, the applicants, Danotto and John Raley, have requested that the City fezone approximately .14 acres located at 24 N. Van Buren Street from RM-44, High DensiW Multi- Family Residential, to R/O, Residential/Office; and WH EREAS, the applicants have demonstrated that the City's psrking requirements for uses permitted in the RIO zone can likely be met on the property; and WHEREAS, the City feels that the proposed rezoning would be a logical extension of the R/O zone presently located to the west of the subject parcel. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property de- scribed below is hereby reclassified from its present classification of RM-44, High Density Multi-Family Residential. to R/O, Residential Office. Lot Four (4) in Block Thirty-nine {39) in Iowa City, Iowa, according to the recorded plat thereof, excepting therefrom the following: Beginning at the northwest corner of said Lot 4, Block 39, thence south 72½ feet, thence east 62 feet, which line is approximately the north edge of the concrete curb of the cement driveway of said Lot 4, thence south 4~ feet, thence east 18 feet to the east line of said Lot 4, thence north 77 feet to the northeast corner of said Lot 4, thence west to the place of beginning. i9oo Ordinance No, 96-3728 Page 2 SECTION 11. ZONING MAP. Upon final pas- sago, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION III. CERTIFICATION AND RECORD- ING. Upon passage and approval of the Ordi- nance, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance for recordation in the Office of the Recorder, Johnson County, Iowa, at the Applicant's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of April, 1996. MAYOR 'L.~ (/ '(' ATTEST:~ ~. CITY C L'["R K Ordinance No, 96-3728 Page 3 It was moved by Vanderhoef and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X . Kubby X Lehman --X'-'--' Norton _.Z__- Novick X .. Thomberry X. , ,, Vanderhoef Thornberry that the First Consideration 4/9/96 Vote f or passage: AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ~l/g6 Moved by Vanderhoef, seconded by Thornberry, 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 ordin- ance be voted upon for final passage at this time. AYES: Thornberry, Vanderhoef, Baker, Lehman, Norton, Novick. NAYS: Kubby. ABSENT: None. ORDINANCE NO. 96-3729 AN ORDINANCE AMENDING TITLE 6 "PUB. LIC HEALTH AND SAFETY," BY ADDING A NEW CHAPTER 8, TO BE ENTITLED "PRO- HIBITED CONDUCT ON PUBLIC BUSES" WHEREAS, the City of Iowa City recognizes its responsibility to insure that all passengers and operators have a safe and clean vehicle to travel and operate in; and WHEREAS, the actions of some passengers have disrupted the travel of others. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENTS. Title 6. "Public Health & Safety" is hereby amended by adding a new Chapter 8, to be entitled "Prohibited Conduct on Public Buses," to read as follows: a. For purposes of this Chapter, a motor vehicle operated by the City of Iowa City to provide public transportation service within the City, for a fare, shall be a "bus". Nopassengeron any bus shall do any of the following acts: 1. Smoke or possess any lighted or smolder- ing pipe, cigar or cigarette; 2. Possess open containers of alcoholic beverage or consume alcoholic beverage; 3. Destroy, deface, soil or remove any part of any bus; 4. Spit, unnate, or defecate in or upon or from any part of any bus; 5. Throw, deposit or place any paper, bot- tles, cans or any other garbage or solid waste in or upon any bus except in a designated trash receptacle; 6. Throw any object of any kind within any bus; 7. Throw any object of any kind out any door, window or opening of any bus; t~,o,,~,on, tap,9 player, record player or similar electronic sound amplification device unless the sound therefrom can only be heard through an earphone and is totally inaudi- ble to all other passengem; 9. Bring any pet or animal onto any bus. Ani- mals trained to assist persons with disabil- ities are exempted from this subsection; 10. Stand or remain in front of any white line marked on the fortNard end of the floor of any bus while the same is in motion or after being asked to step back behind the white line by the driver; 11. Interfere with the driver's operation of a bus; 12. Engage in fighting or violent behavior, make loud and mucous noise which caus- es unreasonable distress to an occupant Ordinance No. 96-3729 Page 2 or operator of the bus, or direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. b. The driver or personnel supervising the oper- ation of a bus shall advise a passenger who is violating any of the foregoing subsections that the prohibited conduct must cease, and that the passenger may be required to leave the bus if the prohibited conduct does not stop. If the passenger does not comply with the driver's direction, the driver shall immedi- ately contact a supervisor and/or the Iowa City Police to report the prohibited conduct. A supervisor or a police officer who finds that the passenger has engaged in prohibited conduct may remove the passenger from the bus. c. It shall be a violation of City Code to engage in conduct prohibited by this Chapter. Such violation may be prosecuted as a simple misdemeanor or as a municipal infraction, as provided for in Title 1, Chapter 4 of City Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approv3! 3~d publication, as provided b;, law. Passed and approved this 23~'d day of April , ~ 9 96 CITY CLERK Attorney's Office,¢~'~. <~.~_ ~G ttansit~conduct.ord Ordinance No. 96-3729 Page 3 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: Baker X ~ X Kubby X Lehman X NoAon X , Novick '--X---- Thornberry X Vanderhoef Lehman that the Fimt Consideration 419/96 Vote forpassage: AYES: Baker, Kubby, Lehman, Norton, Novick, Thronberry, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date pubfished 5/3/96 Moved by Thornberry, seconded by Lehman, 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: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: Kubby. ABSENT: None. ORDINANCE NO. 96-3729 AN ORDINANCE ESTABLISHING PASSEN- GER CONDUCT ON BUSES IN IOWA CITY BY ESTABLISHING CONDUCT GUIDELINES FOR PASSENGERS AND ESTABLISHING GUIDE- LINES FOR THE REMOVAL OF PASSEN- GERS. WHEREAS, the City of Iowa City recognizes its responsibility to insure that a[l passengers and operatore have a safe and clean vehicle to travel and operate in; and WHEREAS, the actions of some the travel of others. THEREFORE, BE IT ORDAINEl THE COUNCIL OF THE CITY OF CITY, K SECTION PROHIBITED ON BUSES. A. For of this a motor vehicle operated Iowa City to provide public ~rvice within the City, for a fare, shall B. No passenger on us shall do any of the following acts: 1. Smoke or ligh"te~ or smolder- ing pipe, (:i arette;~ 2. Possess ¢ tamera of'x,alcoholic beverage, ~ ; alcoholic b~erage; 3. Destr,o,y,y~,,(, Esoil or remove ar~y~part of any/oul ~; ~ 4. Sp~t,/urin; ~t or defecate in or upon ~, fr~'n any part of any bus; ~ 5. ,,~row, deposit or place any paper, bot- tles. cans or any other garbage o~ solid waste in or upon any bus except in a designated trash receptacle, Throw any object of any kind w~thm any bus; Throw any object of any kind out any door, window or opening of any bus; Play or operate any radio. television. tape player, record player or similar electronic sound amplification device unless the sound therefrom can only be heard through an earphone and is totally inaudi- ble to all other passengers; Bring any pet or animal onto any bus. Ani- mals trained to assist persons with disabil- ities are exempted from this subsection; Stand or remain in front of any white line marked on the forward end of the floor of any bus while the same is in motion or after being asked to step back behind the white line by the driver; Ordinance No. 96-3729 Page 2 11. Interfere with the driver's operation of a bus; 12. Engage in fighting or violent behavior, make loud and raucous noise which caus- es unreasonable distress to an occupant or operator of the bus, or d~rect abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. SECTION PERSONS IN VIOLATION; REMOVAL. The driver or personnel supervising operation of a bus shall advise a passenge violating any of the foregoing conduct must cease and the er may be required to leave if the conduct does not the passenger not comply with the ~1owa City Poll, the prohibited 3r a police officer who finds has en- gaged in prohibited remove the passenger from the bus. SECTION PENALTI[ It shall be a violation of C~ty Code to m conduct prohibited by this section. , be prosecuted as a or as a municipal infraction, 3mvided 1, Chapter 4 of City SECTION EJ --CTIVE DATE. nance shall beeffect after its final approval and as required Passed al approved this April 19 g6. . Approved/~y Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. 96-3730 AN ORDINANCE REPEALING ORDINANCE NO. 92-3530, ESTABLISHING A TAX INCREASE FINANCING MECHANISM FOR THE NORTHGATE CORPORATE PARK URBAN RENEWAL AREA, WHEREAS, the City Council adopted Ordi- nance No. 92-3530, "An ordinance providing that general property taxes levied and collected each year on all property located within the Northgate Corporate Park Urban Renewal Project Area, in the City of Iowa City, CounW of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson County, Iowa City Commu- nity School District and other taxing districts, be paid to a special fund for payment of princi- pal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Redevelopment pro- jects;" and WHEREAS, the Urban Renewal Area includes and consists of: A tract of land consisting of Lots 4- 7, Highlander Development First Addition, Iowa City, Iowa WHEREAS, expenditures and indebtedness are no longer anticipated to be incurred by the City of Iowa City, Iowa to finance. projects within the Urban Renewal Area; and WHEREAS, the City Council of the City of Iowa City, Iowa no longer desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as described in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That the City Council finds that the division of taxes for the Northgate Corpo- rate Park Urban Renewal Area as provided for in Section 403.19 of the Iowa Code, as amend- ed, and as outlined in Ordinance No. 92-3530 is no longer needed. Resolution No. 96-3730 Page 2 SECTION II. That Ordinance No. 92-3530 m hereby repealed in its entirety, and that a copy of this Ordinance repealing Ordinance No. 92- 3530 shall be recorded in the manner provided by law with the Recorder for Johnson County, Iowa. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of April ,19 9§ · MAYOR { V. ( . y CITY CL"E~K Ordinance No. 96-3730 Page 3 It was moved by Baker and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Lehman that the First Consideration Vote for passage: Baker, Kubby, Lehman. 4/9/96 AYES: Norton, Novick, Thornberry, Vanderdoef, NAYS: None. ABSENT: None. Second Considemtion Voter or passage: Date published 5/1/96 Moved by Baker, seconded by Vanderhoef, 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: Vanderhoef, Baker, Lehman, Norton, Novick, Thornberry. NAYS: Kubby. ABSENT: None. Contact Person: Linda Woito, City Attorney, 410 E. Washington St., Iowa CiW, IA 52240 (319)356-5030 ORDINANCE NO. 96-3731 ORDINANCE AMENDING TITLE 14, CHAPTER 3, "CITY UTILITIES," ARTICLE E, "WASTE- WATER TREATMENT WORKS INDIRECT DIS- CHARGE" OF THE CITY CODE BY ADDING PROVISIONS TO REGULATE HOLDING TANK WASTE TRANSPORTERS (LIQUID WASTE) HAULERS. WHEREAS, the City of Iowa City operates a Publicly Owned Treatment Works (POTW), more commonly known as the North and South Wastewater Treatment Plants; and WHEREAS, acting as administrative agent for the Environmental Protection Agency (EPA), the Iowa Department of Natural Resources (IDNR) has requested the POTW, Wastewater Treat- ment Division, adopt regulations concerning holding tank waste transporters (honey wagons or liquid waste) in order to fully comply with the Clean Water Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 14, Chapter 3, "City Utilities." Article E, entitled "Waste- water Treatment Works Indirect Discharge" is hereby amended as follows: a. Repealing the definition of "Holding Tank Waste," Section 14-3E-2, "Defi- nitions," of the City Code and enact- ing in lieu thereof a new definition tc be entitled "Holding Tank Waste.' Section 14-3E-2, "Definitions," to ~ead as follows: Holding Tank Waste: Any waste from holding tanks, including but not limited to vessels, chemical toilets, septic tanks and tank trucks, and spe- cifically excluding agricultural waste. b. Amending Section 14-3A-2, "Defini- tions," by adding a new definition to be entitled "Holding Tank Waste Tran- sporter (Waste Hauler)" to read as fol- lows: Holding Tank Waste Transporter (Waste Hauler): A person or entity Ordinance No. 96-3731 Page 2 that engages in the business of com- mercial transportation and disposal of holding tank waste (hauled waste) and who contributes transported holding tank waste to the POTW. Amending Section 14~3E-3, "Compli- ance Required; General Provisions," City Code by designating the existing Section 14-3E-3 as paragraph A, and by adding a new Section 14-3E-3B1,2 to be entitled "Holding Tank Waste Transporter Permit Required" to read as follows: A. Holding Tank Waste Transporter Permit Required. 1. Holding tank waste trans- porters, also known as waste haulers, may not con- tribute to the POTW unless a written permit has first been applied for and approved by the Director or designee. In addition, holding tank waste transporters contributing waste from industrial opera- tions shall also first obtain prior written approval from the Director or designee for each load/contribution to the POTW. The Director may adopt written procedures to govern the issuance of said permits and load approvals, and may establish forms for application, load approval, manifest permit require- merits, and other forms as reasonably necessary. 2. Direct discharge of hazard- ous waste to the POTW by holding tank waste t~ans- porters, by dedicated pipe, or by rail is prohibited. 3. Any holding tank waste transporter who violates the provisions of this Article or any Director's procedures or directives applicable to said permit and approval require- ments shall be subject to the penalty provisions contained in Section 14-3E-16, City Code, and shall also be sub- ject to other POTW remedial actions including temporary or permanent suspension or Ordinance No. Page 3 96-3731 rescission of the transporter's or contributor's permit. Amending Section 14-3E-6, entitled "Application by Specific Industrial Us- ers for Acceptance of Discharge and Connection" of the City Code by add- ing a new Subsection G, to be entitled "Holding Tank Waste Transporter Permit Requirements" to read as fol- lows: G. Holding Tank Waste Transporter Permit Requirements Prior to disposal of any holding tank wastes to the POTW and prior to the City's issuance of a permit, the transporter shall first provide the POTW with an Appli- cation on a form supplied by the Director, which shall include the following information and be subject to approval by the POTW: 1. Type and Yearly Quantity. An estimated annual break- down, in gallons, of type of holding tank waste to be contributed to the POTW for the following categories: - domestic - commercial - industrial - total 2. Communities Served. A list of the communities that the holding tank waste trans- porter will be serving. 3. Estimated Quantity. Esti- mate of the number of loads of holding tank waste to be contributed to the POTW per day, per week or per month. The POTW may impose a maximum limit on a trans- porter'sdisposal/contribution over a twenty-four {24)-hour period. 4. Fees. A flat annual fee shall be charged for each trans- porter permit, plus a fee per load contributed to the POTW, as set forth in Title 3, "Schedule of Fees and Charges" of the City Code. The permit shall be valid for a period of twelve {12) months, and be subject to Ordinance No. 96-3731 Page 4 renewal for an additional one {1 )-year period, but only upon payment of the annual fee and continued eligibility under this Artic',e. 5, Sources. Location and name of source of the holding tank waste or site of removal, which site must be located within Johnson County un- less Director determines extraordinary circumstances exist, 6. Manifest, At the time of or prior to disposal, each trans- porter must provide the POTW with a manifest on a form supplied by the POTW. Said manifest shall include the following information and be accurately completed by the holding tank waste trans- porter: a. Source of the holding tank waste (hauled waste). b. The approximate volume in gallons of the holding tank waste. c. The Wpe of holding tank waste to be transported and contributed to the POTW, namely whether residential, commercial, industrial or other. d. Known or suspected pollutants. e. Driver's name, driver's license number and driver's signature. 7. Prtor Load Approval. Prior to any disposal or contribution to POTW of holding tank waste from industrial opera- tions not requiring either a categorical pretreatment agreement or a pretreatment agreement, transporter shall first receive written approval for each load from the Direc- tor or designee. Written approval for industrial waste may be in the form of an approved manifest or other- wise as established by the Director. Ordinance No. 96-3731 Page 5 8. Pretreatment Standards and Foes. All holding tank waste transporters who are trans- porting industrial waste sub- ject to either categorical pretreatment limits or to pre- treatment limits are further subject to the applicable federal, state and local pre- treatment requirements, including the prohibited discharge staedards speci- fied in 40 CFR §403.5{a) and {b) and local limits adopted in accordance with 40 CFR §403.5(c), as set forth in this Article. All such holding tank waste trans- porters shall meet the pre- treatment standards and shall first receive written approval from the Director or designee for each load prior to contribution to the POTW, which approval may be in the form of an approved manifest. Fees for pretreatment permit holders acting as their own transporter or who contract with a holding tank waste transporter shall be the same as those set out for extra strength users required by Section 14-3A-4 of this Article and as estab- lished in Title 3, Chapter 4, "Wastewater Treatment Works User Charges," enti- tled "Monthly Surcharge (BOD & SS)." 9. Times and Location. Time and location limitations for disposal/contribution of holding tank waste to POTW will be: 9 a.m.-3 p.m. Mon- day - Friday at the South POTW by appointment only; 7 a.m.-7 p.m. Monday - Friday and 7 a.m.-noon Sat- urdays at the North POTW. 10. Samples. POTW at all times retains the right to sample and analyze any holding tank waste being transported to or contributed to the POTW, Ordinance No. 96-3731 Page 6 which right includes the authority to hold, sample and analyze said waste prior to, during and after contribution to the POTW. The holding tank waste shall not be contributed to the POTW until the Director or designee completes all analyses and has determined, to the POTW's complete satisfac- tion, that said waste is not incompatible with the POTW. 1 1. Inspection. If the POTW has reasonable cause to believe that the information on the manifest for any holding tank waste brought to or contrib- uted to the POTW is inaccu- rate, incomplete and/or falsi- fied, after written notice to transporter the POTW retains the right to inspect and copy the transporter's business re- cords concerning the sources and volumes of the holding tank waste either contribut- ed to or in anticipation of contribution to the POTW. 12. Refusal. The POTW retains the right, at all times, to refuse any holding tank waste if the POTW deems said waste to be incompati- ble with the indirect dis- charge requirements of this Article or other applicable regulations, rules, proce- dures or permit. 13. Nontransferability. The permit issued herein is per- sonal to the permit holder, and is not assignable or transferable. 14. Renewable. Permits may be renewed after one calendar year {12 months), but such renewal may become effec- tive only if the permit holder remains in compliance with the applicable rules and regulations governing their permit, and upon payment of the annual fee, Ordinance No. 96-3731 Page 7 15. Penalties. Any holding tank waste transporter and any contributor of industrial waste to the POTW subject to either categorical pretreat- ment or pretreatment limits who violates the require- ments of this Article or any Director's procedures or directives shall be subject to the penalty provisions con- tained in Section 14-3E-16, City Code, and shall also be subject to other remedial actions including temporary or permanent suspension or rescission of the transporter permit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IlL SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of April ,19 96 · CITY CLERK Approved by. __ Cid/Attorney s Office,~ .,~,. ~.~ Ordinance No. 96-3731 Page 8 It was moved by Lehman and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Vanderhoef that the First Consideration 2/].3/96 Vote for passage: AYES : Novick, Throgmorton, Vanderhoef,Baker, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Second Consideration 2/27/96 Vote for passage: AYES: Lehman, Norton, Baker, Kubby. NAYS: None. ABSENT: None. Date published 5/2/96 Novick, Thornberry, Vanderhoef, 96-37~2 rescission of the transporter's or contributor's permit. Amending Section 14-3E-6, entitled "Application by Specific Industrial Us- ers for Acceptance of Discharge and Connection" of the City Code by add- ing a new Subsection C, to be entitled "Holding Tank Waste Transporter Permit Requirements" to read as fol- lows: C. Holding Tank Waste Transporter Permit Requirements Prior to disposal of any holding tank wastes to the POTW prior to the City's issuance /a permit, the transporter provide the cation on a form ' the Director, which shall the following and be subject to approval ,the POTW: Type and Quantity. An estima annual break- down, allons, of type of waste to be to the POTW for ories: nestic ,ial - total Served. A list of the the holding waste trans- porter will be~erving. Estimated Quantity. Esti- mate of the number ot loads of holding tank w~te to be contributed to the PDTW per day, per week or lonth. The POTW may a maximum limit on a ,n over a twenty-four (24 period. Fees. A flat annual fee shall be charged for each trans- porter permit, plus a fee per load contributed to the POTW, as set forth in Title 3, "Schedule of Fees and Charges" of the City Code. The permit shall be valid for a period of twelve 112) months, and be subject to Council Member__ Norton introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $120,000 GENERAL OBLIGATION CAPITAL LOAN NOTES OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Norton, Novick, Thornberry, Vanderhnof Baker, Kubby, Lehman NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 96-110 RESOLUTION F1XING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $120,000 GENERAL OBLIGATION CAPITAL LOAN NOTES OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE IHEREOF WHEREAS, it is deemed necessm¥ and advisable that the City of Iowa City, Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes to the amount of $120,000, as authorized by Sections 384.24, 384.24A and 384.25, Code of Iowa, as amended, for the purpose of providing funds to pay costs of camting out an Essential Corporate Purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this Council meet in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock I~.M., on the 7th day of , 1996, for the propose of taking action on the matter of the authorization of a Loan Agreement and the issuance of $120,000 General Obligation Capital Loan Notes to evidence the obligations of the City thereunder for an Essential Corporate Purpose of the City, the proceeds of which will be used to pay costs of equipping the Fire Department, including purchase of a fire track. Section 2. That the Clerk is hereby directed to cause at least one pnblication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said Notes. Section 3. The notice of the proposed action shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CiTY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, ON THE MATTER OFTHE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $120,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR AN ESSENTIAL CORPORATE PURPOSE} AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 7th day of May, 1996, at 7:30 o'clock P.M., in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of $120,000 General Obligation Capital Loan Notes for an Essential Corporate Purpose of the City, in order to pay costs of equipping the Fire Department, including purchase of a fire truck. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the City thereunder or will abandon the proposal. This Notice is given by order of the Council of Iowa City, Iowa, as provided by Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended. Dated this 26[h day of Ap~'il ,1996. .,~ . , / ,] J ,, City Clerk of Iowa City, Iowa PASSED AND APPROVED this 23rd day of April ,1996. ATTEST: City Cl'erk -5- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $120,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR AN ESSENTIAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATI~ ISSUANCE THEREOF PUBLIC NOTICE is hereby giyen that the Council will hold a public hearing on the 7t~ day of May o'clock P.M., in the Council Civic Center City, Iowa, at which meeting authorization of a Loan Agreement and Capital Loan Notes for an Ess of equipping the Fire Depmment, includin , of Iowa City, Iowa, ,1996, at 7:30 Washington Street, Iowa for the 20,000 General Obligation ty, in order to pay costs of a fire truck. At the above meeting the Council shall: resident or property owner of the City, to tht received and considered, the Council will take additional action for Notes to evidence the obligation of the oral or xvritten objections from any action. After all objections have been or at any adjournment thereof, Agreement and the issuance of abandon the proposal. This Notice is given by order.tfthe Council Sections 384.24, 384.24A and 384/5 of the City Dated this76f / / / / Iowa, as provided by as amended. ,1996. -4- Council Member Kubby introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $175,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A GENERAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the sarae be adopted. Council Member ¥anderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 96-111 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $175,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A GENERAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessaw and advisable that the City of Iowa City, Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes to the amount of $175,000, as authorized by Sections 384.24, 384.24A, 384.25 and 384.26, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out a general corporate purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed note issue is not more than $700,000.00; and WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the -6- Council proposes to take action for the authorization of the Loan Agreement and Notes and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIJNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock __P.M., on the 7th day of ,1996, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of $175,000 General Obligation Capital Loan Notes, the proceeds of which will be used to pay costs of the improvement and equipping of recreation grounds, including a lighting project at the University Softball Complex and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten (10) clear days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the following form: -7- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEI~ENT AND THE ISSUANCE OF $175,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A GENERAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 7th day of May, 1996, at 7:30 o°clock P.M., in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for ~he authorization of a Loan Agreement and the issuance of $175,000 General Obligation Capital Loan Notes for a general corporate purpose, bearing interest at the rate of not to exceed 9.OO per cantum per annum, in order to pay costs of the improvement and equipping of recreation grounds, including a lighting project at the University Softball Complex. Principal and interest on the proposed Loan Agreement shall be payable from the debt service fund. At the above meeting a petition asking that the question of entering in to a loan agreement and issuing such notes be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa pursuant to Section 384.26 of the City Code of Iowa. This Notice is given by order of the Council of Iowa City, Iowa, as provided by Sections 384.24, 384.24A, 384.25 and 384.26 of the City Code of Iowa, as amended. Dated this 26th day of April ,1996. City Clerk of Iowa City, Iowa PASSED AND APPROVED this 23rd day of April · 1996. ATTEST: PGOODRIO35976x I~10714038 -9- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $I 75,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A GENERAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE ION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the will hold a public hearing on the/th day of o'clock __P.M., in City, Iowa, at which Capital Loan Notes for a exceed 9.00 per cenmm equipping of recreation grounds, Complex. Principal and inter, the debt service fund. Chmnbers, the Council pmpc and the is croporate in City of Iowa City, Iowa, ,1996, at 7:30 410 E. Washington Street, Iowa take additional action for the $175,000 General Obligation Dose, beating interest at the rate of not to to pay costs of the improvement and project at the University Softball Agreement shall be payable from At the above meeting a [ agreement and issuing such m filed with the Clerk of the of Iowa pursuant to Sectio This Notice is Sections 384.24, 384. Dated this / that the question of entering in to a loan itted to the legal voters of the City, may be provided by Section 362.4 of the City Code Code of lowa. order of th~ 384.25 and 384.26 __ day of ncil of Iowa City, Iowa, as provided by ?the City Code of Iowa, as amended. ,1996. City Clerk o~Iowa (End of Notice) City, Iowa -8-