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HomeMy WebLinkAbout1995-04-11 OrdinanceORDINANCENO. 95-3672 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 13.09 ACRES OF LAND LOCATED AT 655 MEADOW STREET FROM RM-12, LOW DENSITY MULTI-FAMILY RESIDENTIAL, AND RS-5, LOW DENSITY SINGLE FAMILY RESIDENTIAL, TO RS-8, MEDIUM DENSITY SINGLE FAMILY RESIDEN- TIAL. WHEREAS, the applicant, East Hill Subdivi- sion, Inc., and the owners, Memory Gardens, Inc., Memory Gardens Group, Inc., and Dean and Ellen Jones, have requested the City re- zone 13.09 acres of land located at 655 Meed- ow Street from RM-12, Low Density Multi- Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential; and WHEREAS, the proposed rezoning will allow the development of a medium density residen- tial subdivision; and WHEREAS, Iowa Code § 414.5 (1993) pro- vides that the City of Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request, over and above exist- ing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that the proposed medium density residential devel- opment provides for the protection of the Ralston Creek floodplain and adequate vehicular and pedestrian access for the permitted devel- opment density; and WHEREAS, the proposed rezoning to allow a medium density residential development is compatible with adjacent development and the Comprehensive Plan for the area provided that certain conditions contained in the Conditional Zoning Agreement are adhered to; and WHEREAS, the applicant and owners ac- knowledge that certain conditions and restric- tions are reasonable to ensure appropriate urban development in this area of Iowa City; and WHEREAS, the applicant and owners have agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban development in this area of Iowa City. IIo , Ordinance No. 95-3672 Page 2 NOW, THEREFORE, BE IT OROAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agree- ment, attached hereto and incorporated by reference herein, the property described below is hereby reclassified from its present classifica- tion of RM-12, Low Density Multi-Family Resi- dential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single- Family Residential: Parcel h Commencing at a point on the cen- terline of former U.S. Highway No. 6, which point is 1107.0 feet east of the southwest corner of the NW ~A of Section 13, T.79N, R.6W of the 5th P.M.; thence N 0053' E., 970.93 feet to the Point of Beginning; thence N 0053' E, 24 feet; thence East 689.14 feet; thence S 0009' W, 694.04 feat; thence West 495.5 feet; thence N 0044' E, 670.39 feet; thence S89°55' W, 200.91 feet to the Point of Beginning. Excepting therefrom the following: Commencing as a point of reference at the West Quarter Corner of Section 13, T.79N,R.6W of the 5th P.M.; Iowa City, Johnson County, Iowa, said point being on the center line of Muscatine Avenue; thence East 1310.46 feet along the center line of said Muscatine Avenue; thence N 4044' E, 300 feet to the Point of Begin- ning; thence N 90° E, 318.40 feet; thence N 86008' W, 318.85 feet; thence S 0044' W, 21.48 feet to the Point of Beginning, Parcel Ih Commencing at the Southwest Corner of the NW'A of Section 13, T.79N, R.6W of the 5th P.M.; thence N 89°58'18" E, along the South Line of said NW'A 1172.87 feet; thence N 0°51'46" E, 365.32 feet to the Point of Beginning; thence N O°51'46" E, 604.08 feet; thence N 89050'32" E, 133.31 feet; thence S 0°47'12" W, 604.37 feet; thence S 89°58'18" W, parallel with the South Line of said NW~A, 134.11 feet to the Point of Beginning. Ordinance No. 95-3672 Page 3 Parcel III. Beginning at an iron pin which is N 0053' E, 994.93 feet from a point 1107.0 feet east of the southwest corner of the NW'~ of Section 13, T.79N, R.6W of the 5th P.M.; thence N 89042'40" E, 689.14 feet to an iron pin; thence N 009' E, 32.6 feet to an iron pin; thence N 89057'53" E 1.65 feet; thence N 0o0'40" E, 110.35 feet; thence S 84023'53" W, 151.19 feet; thence N 0°17'20" W, 132.74 feet: thence S 65040' W, 138.51 feet to an iron pin at the southwest corner of Lot 145, in the Revision of Part 2, Court Hill Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, Page 169, Plat Records of Johnson County, Iowa; thence N 83002' W, 412.2 feet to an iron pin at the south- west corner of Lot 150 in said Revision of Part 2, Court Hill Addition to Iowa City, Iowa; thence S 0o28'40" W, 253.42 feet to the Point of Beginning; all as per the survey recorded in Plat Book 6, Page 38, Records of the Recorder of Johnson Coun- ty, Iowa. SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREE- MENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the City, following pas- sage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORD- ING The City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement for recorda- tion in the Office of the Recorder, Johnson County, Iowa, upon passage and approval of this Ordinance. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Vl. 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. Ordinance No, 95-3672 Page 4 SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ilth clay o£ April, 1995. A Y oR '~-' ATTEST: 7~.¢~,.~_~ W'" ~ CITY CLERK Ordinance No. 95-3672 Page, 5 It was moved by Novick and seconded by as mad be adopted, and upon roll call theta were: AYES: NAYS: ABSENT: Pigott Baker Hornwit7 Kubby Lehman Novick PigoR Thmgmorton that the Ordinance First Consideration 3/7/95 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, !{orowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration 3/28/95 Vote for passage:AYES: Lehman, Novick, Pigott, Throgmroton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. Date published 4/19/95 ./ i-.t MAR-02-19SS 2~:17 LEPIC KROEGER REHLI'ORS .~INJDiU~JD r%~d~x~ CONDITIONAL ZONING AGREEmEnT THIS AGREEMENT is mede by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), Memory Gardens, Inc,, Memory Gardens Group, Inc,, and Dean and Ellen Jones (hereinafter "Owner"), and East Hill Subdivision, L,C,, an Iowa Genera) Partnership (hereinafter "Applicant"). WHEREAS, Owner, as legal title holder, and applicant, as contract purchaser, have requested the City ratone approximately 13.09 acres of land located at 655 Meadow Street from RM- 12, Low Density Multi-Family Residential, and RS-6, Low Density Single-Family Residential, to RS.8, Medium Density Single-Family Residential; and WHEREAS, the proposed rezoning will allow the development of a medium density residential subdivision; and WHEREAS, Iowa Cede §414.§ {1993) provides that the City of Iowa City may impose reasonable conditions on gcantlng the rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that the proposed medium density residential development provides for the protection of the Ralston Creek floodplain and adequate vehicular and pedestrian access for the permitted development density; and WHEREAS, the proposed rezonlng to allow a medium density residential development is compatible with adjacent development and the Comprehensive Plan for the area provided that certain conditions are adhered to; and WHI:REAS, Owner end applicant acknowJedge that certain conditions and restrictions are reasonable to ensure appropriate urban development in thb area of Iowa City; and WHEREAS, Owner and applicant have agreed to develop this property in accordance with certain terms and conditions to ensure appropriate urban development in this area of Iowa City. NOW, THEREFORE, In consideration of mutuel promises contained herein, the Parties agree as fellows: Memory Gardens, Inc., Memory Gardens Group, Inc., and Dean and Ellen Jones are the owners and legal title holders of property located at 655 Meadow Street, which property Is more particularIv described as folbws: A. PARCEL h Commencing at a point on the centerline of former U.S. Highway No. 6, which point is 110%0 feet eaet of the southwest corner of the NW Y4 of Section 13, T,78N, R.SW of the 5th P,M.; thence N 0053' E., 970.93 feat to the Point of Beginning; thence N 0053' E, 24 feet; thence East 689.14 feet; thence S OO09' W, 694.04 feet; thence West 495.5 feet; thence N 0°44' E, 070,39 feet; thence S 89056' W, 200.91 feet to the Point of Beginning. HAR-02-1gg$ 22:18 LEPIC KROEGER REALTORS ]193518035 -2- Excepting therefrom the following: Commencing as a point of reference at the West Quarter Corner of Section 13, T.79N, R,6W of the 5th P.M.; Iowa City, Johnson County, Iowa, said point being on the center line of Muscatine Avenue; thence East 1310.46 feet along the center line of said Muscatine Avenue; thence N 4.044' E, 300 feet to the Point of Beginning; thence N 90° E, 318.40 feet; thence N 86°08' W, 318,85 feet; thence S 0044' W, 21.48 feet to the Point of Beginning. B. PARCEL Ih Commencing at the Southwest Corner of the NW~A of Section 13, T.79N, ~l.ew of the Bth P,M,; thence N 8CJO.Re'IR" F, ~lnno the South Line of said NW'~ 1172.87 feet; thence N 0°51'46" E, 365.32 feet to the Point of Beginning; thence N 0°§1'46"E, 604.08 feet; thence N 89050'32" E, 133.31 feet; thence S 0°~,7'12" W, 604,37 feet; thence S 89°58'I 8" W, parallel with the South Line of said NW%, 134.11 feet to the Point of Beginning. C. .PARCEL IIh Beginning at an iron pin which Is N 0053' E, 994.93 feet from a point 1107.0 feet east of the southwest corner of the NWY4 of Section 13, T,79N, R.6W of the 6th P.M.; thence N 89042'40" E, 689,14 feet to an iron pin; thence N 009' E, 32.6 feet to an iron pin; thence N 890§7'53" E, 1,65 feet; thence N 0o00'40" E, 110.3§ feet; thence S 84°23'53" W, 151.19 feet; thence N 0° 17'20" W, 132.74 feet; thence S 66040' W, 138.51 feet to an iron pin at the southwest corner of Lot 145, in the Revision of Part 2, Court Hill Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, Page 169, Plat Records of Johnson County, Iowa; thence N 83002' W, 412.2 feet to an iron pin at the southwest corner of Lot 150 in said Revision of Part 2, Court Hill Addition to Iowa City, Iowa; thence S 0°28'40" W, 253.42 feet to the Point of Beginning; all as per the survey recorded in Plat Book 6, Page 38, Records of the Recorder of Johnson CounW, Iowa, Owners and applicant acknowledge that the City wishes to ensure that development of the subject property is compatible with adjacent properties which are zoned RS-12 end RS-6, Therefore, Owners and applicant agree to certain conditions over and above City regulations In order to ensure that development of the subject property provides for the protection of the Ralston Creek floodplain and adequate vehicular end pedestrian access for the density of development permitted, In consideration'of the City's rezoning the subject property from RM-12 and R$-5 to RS.S, Owners and applicant agree that development and use of the subject property will conform to all requirements of the R$-B zone as well as the following additional conditions: Development of the property shall Include dedication of the Ralston Creek floodplain within the pemel to the City, including a public access easement from an interior roadway within the subdivision to provide public access the dedicated floodplain area. I'DR=02-1~S ~2:19 LEPIC KROEGER REALTORS 3193518035 P.~04/006 -3- Dated maximum The density of development of the subject property shall be limited to e/total of 72 dwelling units, unless secondary access via a dedicated public street is provided, c. If the City chooses to develop s trail, development of the property shall be subject to the Owner at the time of development participating with the City in the development of a trail withi.n. the dedicated floodplain of Ralston Cree~J~, The Owner's obligation shall be limited to grading and construction of a~r?.d on the subject property, and shall not exceed an expense of 85,000. to the City's satisfaction The Owners and applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1993), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Ownere end applicant acknowledge that in the event the subject property is transferred, sold, redeycleped, or cubdivided, all redevelopment will conform with the terme of this Conditional Zoning Agreement. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be s covenant running with the land end with title to the land, and sl~all remain in full force end effect as e covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of end bind all successors, representatives and assigns of the Pa~tias. Owners and applicant acknowledge that nothing In this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations, The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Reaorder's Office. ME.~RY By RTe~M.M ~]ai GARDENS, INC, ~R D~/~ S GROUP ~le,/Pras,~Zz"~d;nt - _. DEAN AND ELLEN JONES Dean Jones Ellen J~r['~ !~AR.-O2-19~5 ~2:~D LEPIC KRF]EGER REALTGR~ ~'~ -~- P. -4- BAST HILL .~UBD.I.VISION, L.C. Ge~Kroeger. Member ii'~yM~C~ ~ie, Member CITY OF IOWA CITY -~- - /Susan M. Horowitz, Mayor t~_.// Marian K. Kerr, City Clerk JOHNSON COUNTY o. h~- /( ~.~.L.._ d~y of,_.~p,:l 1995. before me. $oqd~,~- F'n£~.:' ~, a No{ar~ubl(~ In e~ for ~k~ Otato o~ Iowa, poroonol~,/ nppoor~ ~,~n M Horowitz and M~ri~n K. Karr, to m~ personally known, and, who, being b~ me dul~ sworn, th~ ~he ~eal ~ffix~d to ~he foreooing in~rum~n~ b the ~orpu~e ~1 of tl~ corporation, an~ that ~he instrument wa~ ~iBned ~nd s~l~d on behalf of ~he ~orporation, b~ au~hodW of its Oi~ Oouncil, ~ oon~ined in Ordinance No. ~{~-. ~z pas~d by the City Council on ~h~ u *~ ~ day of ~! . = . , 19~, and that $~., ~. ~(?;.)~and Marian K. Karr acknowledged ~he execution of t~e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa On this 7~ day of ~arch _ .~ 1998, before m~rt~e~.ur~gned, a Notary Public in and for the State of Io~a~ ~er~onally appeared~ ~, ~~, to me personally known, who being by me duly sworn did sa;~'~ha~ ~'~ "'" "~ ~ of East Hill Subdivision, Inc, the Iowa Corporation ~xecuting the within and foregoing instrument, that no aeal has been procured by the corporation; that sa,d instrument ~e~ebehalf of t~e oorporation by authority of Its Board of Dlreotors; and that~ office~acknowledged the e~ecution of ~regolng i~trument to ~he ~tary act end deed of the corporation, by ,, and N~g~y' ~ublic in and fo[~he State of Iowa -5- STATE OF IOWA ) )es: JOHNSON COUNTY ) On this 7th day of ~ . 1 9g§. before me. the undersigned. a Notary Public in and for the State of Iowa. personally appeared ~ -I~I~G~.' ~. to me personally known. who being by me duly sworn did say that he is the ~ _ of Memory Gardens. Ino. and Memory Gardens Group. the Iowa Corporation executing the within and foregoing Instrument. that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authoriw of its Board of Directors; and that ~ ~ ~. ~ as officer acknowled~ the exertion of the foregoing instrument to be the voluntary ac~nd deed of th,~~ b~nd by him v~ari~xecuted. / o-*,'-~:, ~Z/ / , ~tary ~blic in and fo~ ~ State of On thi~ ~ day of .., 1995, before m~, th~ under,igned, a Notary Public in and for ~aid County. In said State. per, onally appeared Dean Jon~s and Ellen Jones. to me personally known to be the identical persons named herein. and who being by me duly sworn did say that they executed the within and fo(egoing instrument a~ thei~ voluntary act and deed. Revised 4/5/95 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS" TITLE 4, CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," TITLE 10, CHAFFER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," AND TITLE 10, CHAPTER 5, ENTITLED "CITY PLAZA" TO ESTABLISH UNIFORM REGULATIONS FOR SIDEWALK CAFES. City. WHEREAS, the City wishes to encourage the development of sidewalk cafes within the City; and WHEREAS, separate regulations existed for plaza cafes on City Plaza, and WHEREAS, additional regulations existed for sidewalk cafes in commercially zoned areas of the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Tide 4, Chapter 3, 1D, entitled "Exemptions from Regulations," subsection 2 dealing with Plaza Cafes is hereby repealed. 2. Title 4, Chapter 1, 1, definition of restaurant is hereby amended by deleting "A" and replacing "A" as follows: A. Serves meals prepared on the premises for consumption on the pr~misas. 3. Title 4, Chapter 5, 3, entitled "Consumption or Possession in Public Places and City Buildings," Subsection A is hereby repealed and adding a new Subsection 4-5-3A as follows: A. It shall be unlawful for any persons to consume or drink any alcoholic beverages on any public street, ground, highway, sidewalk or alley in the City. A person shall not use or · consume alcoholic beverages in any public place within the City, except premises covered by a license or permit, and when applicable a public right-of-way easement agreement. 4. Title 4, Chapter 5, 5, entitled "Open Containers," Subsection B is hereby repealed and adding a new Subsection 4-5-56 as follows: B. Possession Prohibited: It shall be unlawful for any person to possess alcoholic beverages in any open container upon the public streets or alleys, including the sidewalk within the public right-of-way, and in any public place, except premises covered by a license or permit, and when applicable a public right-of-way easement agreement. Title 10, Chapter 3, entitled "Commercial Use of Sidewalks" is hereby repealed and adding a new Title 10, Chapter 3 as follows: 10-3-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply: PEDESTRIAN: Any person traveling on foot or wheelchair. PUBLIC RIGHT-OF-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. RESTAURANT: A business whose primary function is the service of food to customers and which meets the following criteria: A. Serves meals prepared on the premises for consumption on the premises; B. Has food service menu from which customers may order; C. Has an employee whose primary duty is the preparation of food and an employee whose primary duty is to serve food to customers; D. Has a kitchen separate from the bar equipped with a microwave oven, stove, griddle, grill or broiler and a food refrigeration unit with a capacity in excess of twenty (20) cubic feet; E. Operates the restaurant service during at least sixty percent (60%) of the h.ours that the business is open to the public; and F. Holds itself out to be a restaurant and advertises itself as a restaurant if it advertises. SIDEWALK: The improved portion of public right-of-way dedicated to and/or intended primarily for pedestrian use. SIDEWALK CAFE: An outdoor area located temporarily on a public sidewalk contiguous with any side of a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area. Permitted sidewalk cafes must abide by the requirements and limitations as determined by City Council. 10-3-2: USE OF PUBLIC SIDEWALKS RESTRICTED: Use of public sidewalks for any commercial purpose, including sidewalk cafes, shall be unlawful except as specifically provided herein or as specifically authorized by this Chapter. Ordinance No, Page 2 10-3-3: USE FOR SIDEWALK CAFES: A. Permitted Uses: 1. Sidewalk cafes will be permitted in the public right-of-way only in the CB-2, CB-5 and CB-10 zones (the downtown and the commercial areas directly north and south of the downtown), 2. Sidewalk cafes in the City Plaza will only be permitted in Zone 1, and Zone 2 in con- junction with Zone 1, as defined in Title 10, Chapter 5 of the City Code, (the ten foot (10') strip directly abutting the privatb property lines). Zone 1 extends the length of the City Plaza along all sides of the Plaza. Zone 2 is the pedestrian lane adjoining Zone 1, 3. The sidewalk cafe area must be contiguous with any side of a building wherein a restaurant or food service establishment is located, and shall be referred to as the "sidewalk care area." 4. The sidewalk cafe, as part of a restaurant, must be licensed by the Department of Public Health. B. Usable Sidewalk Care Area: 1. A sidewalk cafe 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 Zones 1 and 2 Plaza area remaining for pedestrian use. 2. No tables and chairs shall be placed in corner areas defined by building lines extended to the street, and no closer than ten feet (10') from an alley. 3. The area for a sidewalk cafe shall be temporarily delineated by ropes or some other suitable method which shall be clearly visible to pedestrians. Tables, chairs, and other items are to be removed at the end of each day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrian way. No materials shall be stored on the public right-of-way. 4. A sidewalk cafe may not utilize any public amenities such as benches, seats, or tables. C. Days and Hours of Operation: 1. A public right-of-way easement agreement shall be issued in conjunction with yearly ' renewals of Alcoholic Beverage Licenses/Permits or one (1) year from the date of issu- ance for establishments not dispensing alcohol. The initial application may be less than the one (1) year period to coincide with existing Alcoholic Beverage Licenses/Permits, and will require full payment. 2.The sidewalk cafe may be operated and used any time of the year. 3. Sidewalk cafes shall be set-up, operated, and restored to their normal condition, as a pedestrian way, each day only between the hours of seven o'clock (7:00} A.M. and ten o'clock (10:00) P.M. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. D. Sound Equipment: 1. Amplified sound equipment shall not be permitted. E. Sidewalk Cafe Easement Agreement: 1. Establishments must apply for and obtain a public right-of-way easement agreement from the City prior to operation. Each applicant shall file an application with the City Clerk, on forms ~)rovided by the City and containing all pertinent information as the City may require, and shall agree to abide by state and local laws governing use of public right-of-way. Establishments dispensing any alcoholic beverage must do so under state and local law. An annual fee for easement agreements shall be established by Council resolution, and all agreements shall be for one twelve-month period. 2. An application for a sidewalk care shall contain, at a minimum, a plot plan, a picture or illustration of the amenities to be used, the seating capacity, and the method for delineating the sidewalk cafe. In addition, the application shall provide the name and address of the owner and tenants of each immediate abutting property. Applications Ordinance No. Page 3 will be handled by the City Clerk or designee, with the review and approval of any use of the public right-of-way by the City Council, as prescribed by state and local law. The City will notify the immediate abutting property owners and tenants, by letter, of the nature of the application, and the date and time the item will appear on the agenda for approval by the City Council. If the application is approved by the Council, the City Clerk or designee will be responsible for the administration of the easement agreement and collection of fees. 3. All easement agreements shall be issued by the City Clerk or designee, numbered consecutively, and a record kept, but only after approval by the City Council as re- quired by state and local law. 4. Even after City Council approval of a public right-of-way easement agreement, the City shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired, Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and/or public nuisance under state or local law. Additionally, the City retains the right to terminate the easement agreement and direct removal of sidewalk care operations if, after deliberation, the Council determines there is a substantial and reasonable need for use of the public right-of-way for a valid public purpose. 5. The use of public right-of-way permitted in the approved easement agreement shall in no way interfere with access to public or City utilities located and/or operated within the City's public right-of-way. In addition, each applicant shall be required to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from interruptions, accidents or other actions arising from the sidewalk care operation or location in the public right-of-way. 6. Sidewalk cafes located in the Urban Renewal Area, Iowa R-1 4, shall be subject to the design review process of Title 14, Chapter 4 of this Code. Operation of Sidewalk Cafes: 1. The City retains the right to limit the number of sidewalk cafes in "Permitted Uses" of this Chapter. 2. Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment on chairs, tables, umbrellas or other amenities, as approved by the City. The amenities used in the sidewalk cafe area shall be maintained in good condition. 3, No blockage of building entrances or exits shall be permitted in a sidewalk cafe area. 4, Additional restroom capacity may be required to comply with local building and housing codes. 5. Occupancy limits shall be determined as set forth in Title 14, Chapter 5 of this Code. 6. No additional parking shall be required for the operation of a sidewalk cafe. 7. Sidewalk care areas shall be subject to inspection at least annually or at any other time at the discretion of the City. 8. A sidewalk care serving alcoholic beverages must have an employee monitoring the area at all times during the hours alcohol is consumed. 9. The sidewalk care shall be responsible for tr.ash removal. 10. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. 10-3-4. NUMBER OF PERMITS; USE LIMITATIONS, EXCLUDING SIDEWALK CAFES: The City Manager is authorized to issue no more than two (2) permits in any one calendar year to busi- nesses or business organizations for the temporary use of sidewalks for any commercial purpose in commercially zoned districts2 excluding sidewalk cafes. Such permits shall be limited to the temporary use of sidewalks abutting said businesses or business organizations and shall be limited to no more than three (3) days for any one permit. 10~3-5: PENALTY: Any violation of this Chapter shalt be considered a simple misdemeanor or Municipal infraction as provided for in Title 1, Chapter 4 of this Code. Ordinance No. Page 4 Title 10, Chapter 5, "City Plaza," as detailed below. 10-5-2, entitled "Definitions," is hereby amended by deleting the definition for "Plaza Cafe," and adding "Sidewalk Care" as follows: SIDEWALK CAFE: An outdoor area located temporarily on a public sidewalk contiguous with a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area. Permitted sidewalk cafes must abide by the requirements and limitations set forth in Title 10. 10-5-8A, entitled "Use of City Plaza," subsections 3 and 14 are hereby repealed and adding new subsections 3 and 'i 4 as follows: 3. Sidewalk cafe (Zones 1, 2). 14. Other uses consistent with the purposes stated in Section ~0-5-1 of this Chapter may be permitted if specifically approved by the City Manager or designee. When a mobile or tempo- rary use is allowed, it is understood that this authorization does not extend to Zone 1 or Zone 2 areas which are already leased for other purposes, e.g., mobile vending carts may not approach patrons seated in a sidewalk care or outdoor service area. 10-5-8C, entitled "Days and Hours of Operation" is hereby repealed and adding a new Section 10-5-8C as follows: C. Days and Hours of Operation: Buildings extended onto the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Mobile carts may operate seasonally but must be at least in operation substantially through normal retail business hours, Monday through Saturday, May 1 to October 1. Other months of operation may be granted by permit for ambulatory vendors and mobile carts when the product is related to another season. 10-5-9C, entitled "Plaza Cafes" is hereby repealed in its entirety and the Section reserved for future use. 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 provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK Approved by Cit)/Attorney s Office .~,/~.~--~ REVISED 3/7/95 ORDINANCE NO. AN ORDI~,NCE AMENDING TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS" TITLE 4, CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," TITLE 10, CHAETER 3, ENTITLED "COMMERCiaL USE OF SIDEWALKS," AND TITLE 10, CHAPTER 5, ENTITLED/'CITY PLAZA" TO ESTABLISH U~,FORM REGULATIONS FOR SIDEWALK CAFES. / WHEREAS, t~,e City wishes to encourage the development of sidewalk c~fes within the City; and WHEREAS, se~,arate regulations existed for plaza cafes on City Plaza,/ahd WHEREAS, addR~ional regulations existed for sidewalk cafes in comn~§rcially zoned areas of the city. \ / NOW, THEREFORE~,BE IT ORDAINED BY THE CITY COUNCIL OF T~J£ CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS:, ,, 1. Section 4-3-1D, entitled Exemptions from Regulations, subseytion 2 dealing with Plaza Cafes is hereby repealed. 2. Section 4-5-3, entitled "C~nsumption or Possession in Pu,blic aces and City Buildings, Subsection A is hereby repealed and ~ding a new Subsection 4-5-,: follows: A. It shall be unlawful for'~ny persons to consume or dri ~y alcoholic beverages on any public street, ground, hi?wayS/sidewalk or alley in the A )erson shall not use or consume alcoholic beverage~ in an9 place within the )remises covered by a license or permit, and when public 3. Section 4-5-5, entitled "Open Subsection 4-5-5B as follows: B. Possession Prohibited: any open container upon the right-of-way, and in any public when applicable a public 4. Title 10, Chapter 3, entitled "Commercial Title 10, Chapter 3 as follows: 10-3-1: DEFINITIONS: As used in this PEDESTRIAN: Any person traveling PUBLIC RIGHT-OF-WAY: Any public. easement agreement. B is hereby repealed and adding a new unlawful any person to possess alcoholic beverages in including the sidewalk within the public premises covered by a license or permit, and sement agreement. ]e of Sidewalks" is hereby repealed and adding a new the following definitions shall apply: roadway, sidewalk, walkway, right-of-way or public way designed for vehicular, bicycle or I: RESTAURANT: A business whose/primary function meets the following criteria: / / A. Serves hot meals prepare~,and cooked on the B. Has food service menu fr, bm which customers may C. Has an employee whos({ primary duty is the primary duty is to serve food to customers; D. Has a kitchen separate from the bar equipped with a broiler and a food rg{rigeration unit with a capacity in E. Operates the restaurant service during at least sixty business is open to the public; and F. Holds itself out t'~) be a restaurant and advertises itself SIDEWALl(: The im,~'roved portion of public right-of-way dedicated pedestrian use. , SIDEWALK CAFE: An outdoor area located temporarily on a public travel and dedicated to public use. of food to customers and which ;es for consumption on the premises; ~n of food and an employee whose oven, stove, griddle, grill or of twenty (20) cubic feet; (60%) of the hours that the rant if it advertises. or intended primarily for contiguous with any side of a building wherein a restaurant is located and where food and beverageS, are taken for con- sumption by persops sitting or standing at tables in that area. Permitted sidewalkda, fes must abide by the requirements and limitations as determined by City Council. ~ 10-3-2: USE OF PUBLIC SIDEWALKS RESTRICTED: Use of public sidewalks for any commercial purpose, including sidewalk cafes, shall be unlawful except as specifically provided herein or as specifically authorized by this Chapter. 10-3-3: USE FOR SIDEWALK CAFES: A. Permitted Uses: 1. Sidewalk cafes will be permitted in the public right-of-way only in the CB-2, CB-5 and CB-10 zones (the downtown and the commercial areas directly north and south of the downtown). Ordinance No. Page 2 2. Sidewalk cafes in the City Plaza will only be permitted in Zone 1, and Zone 2 in conjunc- tion with ~oone 1, as defined in Title 1 0, Chapter 5 of the City Code, (the ten foot (1 0') strip direc~!y abutting the private property lines). Zone 1 extends the length of the City Plaza along all sides of the Plaza. Zone 2 is the pedestrian lane adjoining Zone 1. 3. The sidewal~ care area must be contiguous with any side of a building wherein a restau~ rant or food s~ervice establishment is located, and shall be referre to as the "sidewalk cafe area." ~ 4. The sidewalk c~,fe, as part of a restaurant, must be licensed by th~ ;)apartment of Public Health. ~ / B. Usable Sidewalk Care ~,rea: / ~ 1. A sidewalk care a~a may not extend onto the sidewalk in a ~an~ ,r that will not allow a minimum of eightheat (8') of unobstructed sidewalk adja( ~'t to the street for pedestri- an use, nor extend i~to Zone 1 and Zone 2 of the City PI, a in a manner that will not allow a minimum of dight feet (8') of unobstructed and 2 Plaza area remaining for pedestrian s~ use, 2. No tables and chairs all be placed in corner areas dE ed by building lines extended to the street, and no cloX~er than ten feet (10') from alley. 3. The area for a sidewalk~afe shall be temporarily by ropes or some other suitable method which shbtll be clearly visible to Tables, chairs, and other items are to be removed at&he end of each day': )eration, and the sidewalk cafe area shall be restored to its norma/condition as a materials shall be stored on the public right-of-way. ~ 4. A sidewalk care may not utilizbx lities such as benches, seats, or tables. C. Days and Hours of Operation: 1. A public right-of-way shall be issued in conjunction with yearly renewals of Alcoholic Beverage ~r one (1) year from the date of issu- ance for establishments not dis cobol. The initial application may be less than the one (1) year period to coioci existing Alcoholic Beverage Licenses/Permits, and will require full payment. 2. The sidewalk cafe may be Id used any time of the year. 3. Sidewalk cafes shall be set-up, ~d, and restored to their normal condition, as a pedestrian way, each day only the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. 4. Food and beverages must b~ vailable I service to patrons in a sidewalk care during all hours of operation. D. Sound Equipment: 1. Amplified sound equipre, shall not itted. E. Sidewalk Care Easement A 1. Establishments must a ~ for and obtain right-of-way easement agreement from the City ion. Each applicant sh~ an application with the City Clerk, on forms provided by and containing nent information as the City may re- quire, and shall a~]fee to abide by state governing use of public right-of- way. Establishm6nts dispensing any e must do so under state and local law. An annua(,~ee for easement ag by Council resolution, and all agreements shall be for one twelve-month 2. An applicatio?~ for a sidewalk cafe shall contain, at a mum, a plot plan, a picture or illustration ,o~ the amenities to be used, the seating cap~ and the method for delin- eating the ?idewalk care. In addition, the application shall the name and address of the o~/ner and tenants of each immediate abutting property. Applications will be handled~y the City Clerk or designee, with the review and approval of any use of the public r,j~ght-of-wey by the City Council, as prescribed by state and local law. The City will n~(ify the immediate abutting property owners and tenants, by letter, of the nature of th~ application, and the date and time the item will appear on the agenda for approval by the City Council. If the application is approved by the Council, the City Clerk or designee will be responsible for the administration of the easement agreement and collection of fees. Ordinance No. Page 3 ~ 3. AH easement agreements shall be issued by the consecutively, and a record kept, but only after appro by state and local law. 4. Even after City Council approval of a public right-o shall retain the right to terminate the easement of violation has been given and the time to cur~ termination of the easement agreement shall violations~f the state and liquor contr creating a~,afety hazard, health hazard an(~ Additionally,~,the City retains the right to removal of sk)~walk care operations if is a substantial~?d reasonable need fi purpose. 5. The use of public~(ight-of-way no way interfere with access to pul City's public right-d'(-way. In ad or designee, numbered the City Council as required ' easement agreement, the City but only after written notice tion has expired. Grounds for but not be limited to, repeated s of the easement agreement, and public nuisance under state or local law. rminate the easement agreement and direct ation, the Council determines there public right-of-way for a valid public ;d in the approved easement agreement shall in City utilities located and/or operated within the each applicant shall be required to provide a certificate of satisfactc , to the City, and shall agree to hold the City harmless from interruptions, accidents or other actions arising or location in the pubtic right-of-way. Urban Renewal Area, Iowa R-14, shall be subject to the e 14, Chapter 4 of this Code. against any and from the sidewalk Sidewalk cafes located i design review process of ' F. Operation of Sidewalk Cafes: 1.The City retains the righ this Chapter. 2. Advertising shall not establishment on cha tables, The amenities used the sidew; 3. No blockage of bui entrances 4. Additional restroo capacity may codes. nit the number of sidewalk cafes in "Permitted Uses" of the sidewalk care area except for the name of the ~breltas or other amenities, as approved by the City. shall be maintained in good condition. ~xits shall be permitted in a sidewalk care area. Jired to comply with local building and housing forth in Title 14, Chapter 5 of this Code. operation of a sidewalk cafe. at least annually or at any other time have an employee monitoring the area oval. rmity with all applicable federal, SIDEWALK CAFES: The City calendar year to businesses 5. Occ~ shall be determined, 6. No additional shall be required for 7. Sidewalk be subject to ins at the dis of the City. 8. A sidewalk serving alcoholic beverages at the hours alcohol is consum~ 9. The shall be responsible for trash 10. The op of any sidewalk care shall be in state, and regulations. 10-3-4. OF PERMITS; USE LINIITATIONS, EXCLUDI~ Manager is autho~ issue no more than two (2) permits ' or business orga ~ations for the temporary use of sidewalks for 'nercial purpose in commer- cially zoned excluding sidewalk cafes. Such permits shall be to the temporary use of sidewalks abutting said businesses or business organizations and sh~ to no more than three (3) days for any one permit. 10-3-5: PENALTY: Any violation of this Chapter shall be considered a nple misdemeanor or Municipal infraction as provided for in Title 1, Chapter 4 of this Code. 5. Title 17, Chapter 5, "City Plaza," Section 10-5-2, entitled "Definitions," is ~reby amended by deletiqg the definition for "Plaza Care," and adding "Sidewalk Care" as foIIows~ SIDEWALK CAFE: An outdoor area located temporarily on a public sidewalk c~)~tiguous with a building wherein a restaurant is located and where food and beverages are taken fdr consumption by p~rsons sitting or standing at tables in that area. Permitted sidewalk cafes must abide by the requ(rements and limitations set forth in Title 10. 6. Section 10-5-8A, entitled "Use of City Plaza," subsections 3 and 14 are hereby repealed and adding new subsections 3 and 14 as follows: 3. Sidewalk care {Zones 1, 2). Ordinance No. Page 4 14. Other uses consi.< permitted rary use is allowed 2 areas which are approach patrons s 7. Section 10-5-8C, Section 10-5-8C as follow C. Days and Hours of Op during normal retail carts may operate sea retail business hours operation may be product is related to anothe 8. Section 10-5-9C, entitled "Plaza C for future use. SECTION II, REPEALER, All ordinance Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any sec be invalid or unconstitutional, such whole or any section, provision or part SECTION IV, EFFECTIVE DATE. This Ordina publication, as provided by law, with the purposes stated in Section 10-5-1 of :ally approved by the City Manager or designee. W is understood that this authorization does not e leased for other purposes, e.g., mobi a sidewalk care or outdoor service 'Days and Hours of Operation" Buildings extended or, to the, through Satu~ Ily but must be at least in op through Saturday, for ambulator, is hereby repea parts of ord Chapter may be mobile or tempo- one 1 or Zone g carts may not )ealed and adding a new , Plaza are to be open at least throughout the year. Mobile substantially through normal to October 1. Other months of and mobile carts when the and the Section reserved conflict with the provisions of this provlsi( or part of the Ordinance shall be adjudged to not affect the validity of the Ordinance as a invalid or unconstitutional, all be in effect after its final passage, approval and Passed and approved this MAYOR ATTEST: CITY CLERK ney's Office,.~p /-~- ?~'- / / ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4. CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS" TITLE 4, CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," TITLE 10, CHAPTER 3, ENTITLED "COl/1MERClAL USE OF SIDEWALKS," AND TITLE 10, CHAPTER 5, ENTITLED "CITY PLAZA" TO UNIFORIV1 REGULATIONS FOR SIDEWALK CAFES. :~EAS, the City wishes to encourage the development of sidewalk cafes within the City; and EAS, separate regulations existed for plaza cafes on City Plaza, and ~,S, additional regulations existed for sidewalk cafes in commercially zoned areas of the City. NOW, :[EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION h ENDMENTS. entitled "Exemptions from Regulations," subsection 2 dealing witl 1. Section 4-3- hereby re 2. Section 4-5-3,~ A is A. street, ground, 3. Section 4-5-5, entitled Subsection 4-5-5B as B. Possession Prohibited: any open container right-of-way, and in when applicable a 4. Title 10, Chapter 3, Title 10, Chapter 3 as follows: 10-3-1: DEFINITIONS: PEDESTRIAN: Any person travelin PUBLIC RIGHT-OF-WAY: Any pL public way designed for vehicular RESTAURANT: A business meets the following criteria: A. S0rves hot meals p~ B. Has food service ~ C. Has ,ption or Possession in Public Places and Cit' s," Subsection and adding a new Subsection 4-5-3A as follows: ,ful for any persons to consume or drink any alcoho jes on any public ighway, sidewalk or alley in the City. A per: not use or consume alcoholic bevera, in any public place within the City, excE premises covered by a license or permit, and ~ applicable a public right-of-way ea.~ agreement. )an Containers," Subsection B repealed and adding a new t shall be unlawful for a~person to possess alcoholic beverages in he public streets or including the sidewalk within the public ~blic place, covered by a license or permit, and agreement. is hereby repealed and adding a new the following definitions shall apply: foot or wheelchair. ;t, alley, roadway, sidewalk, walkway, right-of-way or ;destrian travel and dedicated to public use. nction is the service of food to customers and which ~red and cooked ( :he premises for consumption on the premises; from which rs may order; primary duty is preparation of food and an employee whose primary duty serve food to customers; D. Has a from the bar equipped ~-~th a microwave oven, stove, griddle, grill or broiler ar food refrigeration unit with a capacity in excess of twenty (20) cubic feet; E. Operate,~ restaurant service during at least s~ty percent (60%) of the hours that the business is open to the public; and ~ F. Holds itself out to be a restaurant and advertises itse~ as a restaurant if it advertises. SlDEW/~LK: The improved portion of public right-of-way ded~ated to and/or intended primarily for pedestrian use. ~ SI,DEWALI( CAFE: An outdoor area located temporad!y on'~ public sidewalk or other public right;dr-way adjacent to, contiguous to or directly in front of a restaurant where food and beverages are/(aken for consumption by persons sitting or standing at tables i~x. that area. Permitted sidewalk c~tes must abide by the requirements and limitations as determined by'~ity Council. 10-3-2: USE OF PUBLIC SIDEWALKS RESTRICTED: Use of public si~walks for any commercial purpose, including sidewalk cafes, shall be unlawful except as specific~l~,y provided herein or as specifically authorized by this Chapter. ~\ 10-3-3: USE FOR SIDEWALK CAFES: A. Permitted Uses: 1. Sidewalk cafes will be permitted in tile public right-of-way only in the CB-2, CB-5 and CB-10 zones {the downtown and the commercial areas directly north and south of the downtown). Ordinance No. Page 2 3. The: rant or foc carl 4. The sit Health. Usable Sidewalk 1. A sidewalk a minimum of ~ an use, nor exte~ allow a minimum for pedestrian use 2. No tables and chai to the street, and 3. The area for a suitable method items are to be remov shall be restored on the public rig 4. A sidewalk care may Sidewalk cafes in the City Plaza will only be permitted in Zone 1, and Zone 2 in conjunc- tion with Zone 1, as defined in Title 10, Chapter 5 of the City Code, (the ten foot (10') strip directly abutting the private property lines). Zone 1 extends the length of the City Plaza all sides of the Plaza. Zone 2 is the pedestrian lane adjoining Zone 1. cafe area must be contiguous with any side of a building wherein a restau- service establishment is located, and shall be referred to as the "sidewalk cafe, as part of a restaurant, must be licensed )artmerit of Public Area: area may not extend onto the sidewalk in a that will not allow feet (8') of unobstructed sidewalk adjace~ the street for pedestri- Zone 1 and Zone 2 of the City Pl; in a manner that will not i eight feet (8') of unobstructed Zon and 2 Plaza area remaining shall be placed in corner areas closer than ten feet (10' Ik care shall be temporaril shall be clearly visible at the end of each d~ sa ize any publ Days and Hours of Operation: 1. A public right-of-way renewals of Alcoholic Bever~ ance for establishments not dis.~ the one (1) year period to co~nc and will require full payment. 2. The sidewalk cafe may be o 3. Sidewalk cafes shall be pedestrian way, each o'clock (10:O0) P.M. 4. Food and bever; be available all hours of operation D. Sound Equipment: 1. Amplified sound E. Sidewalk Care Easeme 1. by building lines extended alley. by ropes or some other ~. Tables, chairs, and other and the sidewalk care area way. No materials shall be stored such as benches, seats, or tables. shall be issued in conjunction with yearly one (1) year from the date of issu- ing alcohol. The initial application may be less than with existing Alcoholic Beverage Licenses/Permits, and used any time of the year. and restored to their normal condition, as a ~ the hours of seven o clock (7 00) A.M. and ten · service to patrons in a sidewalk cafe during shall not dtted. Agreement: \ Establishments ,~st apply for and obtain a pub'tic right-of-way easement agreement from the City prio~ ~eration. Each applicant shallf~e an application with the City Clerk, on forms provid/e'.d. by the City and containing all pe~,tinent information as the City may re- quire, and .~. a. II agree to abide by state and local )~ws governing use of public right-of- way. Est; ~blish~ ~en :s dispensing any alcoholic beverage must do so under state and local law. A] nnual fee for easement agreements shall bl~established by Council resolution, and all 'eements shall be for one twelve-month per)~d. An ~ for a sidewalk cafe shall contain, at a mioimum, a plot plan, a picture or illu~ the amenities to be used, the seating capaOity, and the method for delin- the sidewalk care. In addition, the application shall provide the name and address ~f the owner and tenants of each immediate abutting property. Applications will be ,,'haedled by the City Clerk or designee, with the review and approval of any use of the ' public right-of-way by the City Council, as prescribed by state and local law. The City will notify the immediate abutting property owners and tenants, by letter, of the nature of the application, and the date and time the item will appear on the agenda for approval by the City Council. If the application is approved by the Council, the City Clerk or designee will be responsible for the administration of the easement agreement and collection of fees. Ordinance No. Page 3 3. All easement agreements shall be issued by the City Clerk or designee, numbered consecutively, and a record kept, but only after approval by the City Council as required ' state and local law. 4. after City Council approval of a public right-of-way easement agreement, the City ill retain the right to terminate the easement agreement but only after written notice iolation has been given and the time to cure the violation has expired. Grounds for ]nation of the easement agreement shall include, but not be limited to, repeated d liquor control laws, violations of the easement agreement, and I a safety hazard, health hazard and/or public nuisance un/el~r state or local law. Addil Ily, the City retains the right to terminate the easeme~ agreement and direct removal ' sidewalk care operations if, after deliberation, the'Council determines there is a s tial and reasonable need for use of the public ht-of-way for a valid public purpose. 5. The use of lic right-of-way permitted in the app easement agreement shall in no ~ with access to public or City utilit and/or operated within the City's public ri~ ~t-of-way. In addition, each shall be required to provide a certificate of i against any and from the sidewalk Sidewalk car design review race satisfactory to the Cit~ shall agree to hold the City harmless ability arising from inte )tiens, accidents or other actions arising operation or local in the public right-of-way. in the Urban Area, Iowa R-14, shall be subject to the Title 14, CI 4 of this Code. Operation of Sidewalk 1. The City retains the righ this Chapter. 2. Advertising shall not be per~ establishment on chairs, The amenities used in th 3. No blockage 4. Additioaal restroom codes. 5. Occupancy limits ~i~ 6. No additional pt shall be 7. Sidewalk care be sub at the discre of the City. number of sidewalk cafes in "Permitted Uses" of the sidewalk cafe area except for the name of the umbrellas or other amenities, as approved by the City. area shall be maintained in good condition. or exits shall be permitted in a sidewalk cefe area. uired to comply with local building and housing as set forth in Title 14, Chapter 5 of this Code. for the operation of a sidewalk care. ~ection at least annually or at any other time 8. A sidewalk g alcoholic beverag'~s must have an employee monitoring the area at all times/ the hours alcohol is c~n'~umed. 9. The sid/~wa care shall be responsible for tl~sh removal. 10. The O,l~erati of any sidewalk care shall beX~n conformity with all applicable federal, stat~},/ aad I al laws and regulations. ~ 10-3-4. NUMBER OF PERMITS; USE LIMITATIONS, EXCLUDING SIDEWALK CAFES: The City Manager is au~/~'orized to issue no more than two (2) permits ir~any one calendar year to businesses or business o~,gaaizations for the temporary use of sidewalks for'~ny commercial purpose in commer- cially zoned~i.~t. ricts2 excluding sidewalk cafes. Such pe!mits shall'x,be limited to the temporary use of sidewalks .,~butting said businesses or business organizations and sh'~11 be limited to no more than two (2) days_~[br any one permit. 10-~5: PENALTY: Any violation of this Chapter shall be consid~ed a simple misdemeanor or Muni.ci~a! infraction as pr,o. vided for i,n, Title 1, Chapter 4 o.f.__ ..t, hi, ,,Cs ,,od,.e....~x 5. T)fle 10, Chapter 5, City Plaza, Section 10-5-2, entitled "Definitions, is hereby amended by ,.deleting the definition for "Plaza Care," and adding "Sidewalk Cafe" as'X(ollows: SIDEWALK CAFE: An outdoor area located temporarily on a public s~,ewalk or other public right-of-way adjacent to, contiguous to or directly in front of a restaurant wt~ere food and beverag- ~ es are taken for consumption by persons sitting or standing at tables in ~hat area. Permitted sidewalk cafes must abide by the requirements and limitations set forth in Title 10. ' 6. Section 10-5-8A, entitled "Use of City Plaza," subsections 3 and 14 are hereby repealed and adding new subsections 3 and 14 as follows: 3. Sidewalk care (Zones 1, 2), Ordinance No. Page 4 14. Other uses consistent with the purposes stated in Section 10-5-1 of this Chapter may be permitted if specifically approved by the City Manager or d~signee. When a mobile or tempo- rary use is , it is understood that this authorization does not extend to Zone 1 or Zone 2 areas which already leased for other purposes, e.g., mobile vending carts may not approach patrons ~Ik care or outdoor 7. Section 10-5-8C, entit "Days and Hours of Operation" hereby repealed and adding a new Section 10-5-8C as C. Days and Hours of ( Buildings extended o during normal retail b~ Monday throu carts may operate ,nally but must be at retail business ~nday through Saturd; operation may be by permit for product is related r season. 8. Section 10-5-9C, entitled hereb for future use. SECTION II. REPEALER. Ordinance are hereby repealed. SECTION Ill, SEVERABILITY. If any s be invalid or unconstitutional, such whole or any section, provision or SECTION IV. EFFECTIVE DATE. This Ordi publication, as provided by law. ) the City Plaza are to be open at least throughout the year. Mobile operation substantially through normal May 1 to October 1. Other months of vendors and mobile carts when the in its entirety and the Section reserved ordinances in conflict with the provisions of this or part of the Ordinance shall be adjudged to shall not affect the validity of the Ordinance as a not adjudged invalid or unconstitutional. ~ce shall be in effect after its final passage, approval and Passed end approved this MAYOR ATTEST: CITY CLERK ppr ved by (~ity Attorney s Office