HomeMy WebLinkAbout2004-10-05 Ordinance
~!\ \ 1 .:tiB
Prepared by Karin Franklin, PCD, 410 E. Washington 51., Iowa City, IA 52240, (319)356-5232
ORDINANCE NO. 04-4144
AN ORDINANCE AMENDING THE CITY CODE, TITLE 10, "PUBLIC WAYS",
CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS", SECTION 3B·1, TO PERMIT
THE UNOBSTRUCTED 8 FOOT PEDESTRIAN WAY REQUIRED FOR SIDEWALK
CAFES TO BE IN ZONE 3 OF CITY PLAZA.
WHEREAS, sidewalk cafes are a use of public sidewalks and require a permit according to the
provisions of Section 10-3-3 of the Iowa City Municipal Code; and
WHEREAS, said provisions provide for the retention of an 8 foot unobstructed pedestrian way
where ever a sidewalk café is permitted; and
WHEREAS, when sidewalk cafes are located in City Plaza said pedestrian way is currently
permitted only in Zones 1 and 2; and
WHEREAS, Zone 3 is an unobstructed open area retained for emergency access and used on a
daily basis as the primary pedestrian way in City Plaza; and
WHEREAS, Zone 2 is the area in which trees, benches, planters, and lights are placed, resulting
in this area being obstructed for pedestrian flow; and
WHEREAS, the current restriction on the placement of the unobstructed pedestrian way to Zones
1 and 2 precludes unnecessarily the placement of sidewalk cafes on City Plaza; and
WHEREAS, sidewalk cafes add to the vibrancy of downtown; and
WHEREAS, the allowance of the unobstructed 8 foot pedestrian way in Zone 3 will not impede
the delivery of emergency services; and
WHEREAS, Zone 3 is currently used as the primary pedestrian way in City Plaza.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
SECTION 1. AMENDMENT. Title 10, entitled "Public Ways", Chapter 3, "Commercial Use of
Sidewalks", Section 1 0-3-3B-1 is hereby deleted and the following inserted in lieu thereof:
1. A sidewalk café area may not extend onto the sidewalk in a manner that will not allow a minimum
of eight feet (8') of unobstructed sidewalk adjacent to the street for pedestrian use, nor extend
into zone 1 and zone 2 of the City Plaza in a manner that will not allow a minimum of eight feet
(8') of unobstructed way for pedestrian use in zones 1, 2, or 3.
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this Ordinance are hereby repealed.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 ofthe 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, approv-
al and publication, as provided by law.
¡Z~: appmm ~;, ;z of October ,20 04 .
J~~ _
MAYOR
ATTEST: ~~...~--u) ~ ~
CITY CLE K
Approved by
/(Þ~¿ r;JI'-'Df
City Attorney's Office
ppddir/ord/cityplaza amdt 8-04.doc
I
I
04-4144
It was moved by Wi 1 burn and seconded by Bailey that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration 8/31/04
Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn,
Ba il ey. NAYS: None. ABSENT: None.
Second Consideration 9/14/04
Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn,
Ba il ey . NAYS: None. ABSENT: None.
Date published 10/13/04