HomeMy WebLinkAbout1995-05-09 OrdinanceORDINANCE NO, 95-3675
ORDINANCE AMENDING THE ZONING
CHAPTER BY ESTABLISHING THE iVIOFFITT
COTTAGE HISTORIC BISTRICT AS A HISTORIC
PRESERVATION OVERLAY ZONE,
WHEREAS, the Iowa City Historic
Preservation Plan, contained in the
Comprehensive Plan of Iowa City, recommends
consideration of a Moffitt Cottage Historic
District; and
WHEREAS, the Iowa City Historic
Preservation Commission and the State
Historical Society of Iowa have reviewed the
proposed Moffitt Cottage Historic District and
have found that the area is visually and
historically significant in the history of Iowa
City; and
WHEREAS, the proposed Moffitt Cottage
Historic District is listed on the National
Register of Historic Places as the Muscatine
Avenue Moffitt Cottages Historic District; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed Moffitt
Cottage Historic District and has found that it
complies with the Comprehensive Plan, the
Zoning Chapter, and proposed public
improvements in the area; and
WHEREAS, the creation of the Moffitt
Cottage Historic District will help to preserve
property values and to preserve the historic and
visual character of the district for the
enjoyment of current and future residents of
Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. The Moffitt Cottage
Historic District, legally described below and
illustrated on Exhibit A attached hereto and
incorporated by this reference, be established
as a Historic Preservation Overlay Zone.
An area containing Lots 2, 3, 4, 5, 6 and
7 of W.C. Mott's Subdivision of part of
Blocks 5 and 7 of Clark and Borland's
Addition, Iowa City, Iowa.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the Zoning Map of the City of Iowa
City, Iowa, to conform to this amendment upon
final passage, approval and publication of this
Ordinance as provided by law.
Ordinance No. 95-3675
Page 2
SECTION III, REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed,
SECTION IV. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or
unconstitutional,
SECTION V. EFFECTIVE DATE, This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law.
Passed and approved this 9th day of
May, 1995.
AYOR .---~ . / '~ /
ATTEST:~;~/~,~_.~ ~. ~
CITY CLERK
Ordinance No. 95-3675
Page 3
It was moved by Novick and seconded by
as read be adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmori:on
that the Ordinance
First Consideration 4/11/95
Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott,
Throgmorton, Baker. NAYS: None. ABSENT: None.
Second Consideration 4/25/95
Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker,
Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None.
Date published 5 / 17/95
EXHIBIT A
AVE
PROPOSED
MOFFITT COTTAGE
HISTORIC DISTRICT
klC~NIN~IDI
GRANT C9'
~ CENTER I AVE
AVE ..... -'=' ' '
_ .,i I!: .... ,~
I 15 , , QC.-i..I~ ~ ,, - ,,, ' ' ' ~
ORDINANCENO,
AN ORDINANCE AMENDING CITY CODE TITLE
12, CHAPTER 5 SECTION 3 ENTITLED
"TELEPHONE FRANCHISE," TO ADOPT
STANDARDS FOR ENTERING FRANCHISE
AGREEMENTS TO PROVIDE ELECTRONIC
COMMUNICATIONS SERVICES.
WHEREAS, the City is permitted by the
Coda of Iowa to grant franchises for the
provision of telephone and cable television
services within the Cib/; and
WHEREAS, the City has adopted an
Ordinance and has granted a franchise for the
provision of cable television services within the
City, but has not adopted an ordinance or
granted a franchise relating to telephone or
telephonic services within the City; and
WHEREAS, the City wishes to clarify its
exercise of the right to require a franchise from
entities interested in providing telephone and
telephonic services within the City.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, THAT:
SECTION I. AMENDMENT. Chapter 12,
entitled "Telephone Franchise," Section 3-1(A)
of the City Code be hereby amended by:
a. Repealing Section 12-3-1 (A) and adding
a new section 12-3-1(A) as follows:
12-3-1(A) FRANCHISES. To the extent not
inconsistent with federal law:
A. The City may grant to any person a
franchise to erect, maintain, and operate
plants and systems for the purpose of
sending, transmitting and distributing
voice, audio, data, information, images,
graphics, video, alarm monitoring and
similar services in wire, wireless,
electronic and digital form.
Such information, services and
technologies include, but are not limited
to, telephone, video dialtone, direct
broadcast satellite {"DBS"}, multi-point
distribution system ("MMDS"), satellite
master antenna television ("SMATV"),
wireless cable, and personal
communication systems ("PCS").
A franchise granted under this
Chapter shall be for a term of not more
than twenty-five years. The franchise
may be granted, amended, extended, or
renewed only by an ordinance, but no
exclusive franchise shall be granted,
amended, extended or renewed.
No such ordinance shall become
effective unless approved at an election.
The proposal may be submitted by the
City Council on its own motion to the
voters at any City election. Upon receipt
of a valid petition as defined in Section
362.4, Code of Iowa (1993) requesting
that a proposal be submitted to the
voters, the CiW Council shall submit the
proposal at the next regular city election
or at a special election called for that
purpose prior to the next regular city
election. If a majority of those voting
approves the proposal the City may
proceed as proposed.
C. The person asking for the granting,
amending, extension, or renewal of a
franchise shall pay the costs incurred in
holding the election, including the costs
of the notice. A franchise shall not be
finally effective until an acceptance in
writing has been filed with the council
and payment of the costs has been
made.
D. The franchise ordinance may regulate the
conditions required and the manner of
use of the streets and public grounds of
the City.
E. If a City franchise fee is assessed to
customers of a franchise, the fee shall
not be assessed to the City as a
customer.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions 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
unconstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law.
Passed an approved this
MAYOR
ATTEST:
CITY CLERK
Appro, v~d by __.. --) .
Cid' Attorney's office~ ~--
cadata~legal~cable.or d
Revised 5/2/95
ORDINANCE NO. 95-3676
AN ORDINANCE ANIENDING TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS" TITLE 4,
CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," TITLE 10, CHAPTER 3, ENTITLED
"COMMERCIAL USE OF SIDEWALKS," AND TITLE 10, CHAPTER 5, ENTITLED "CITY PLAZA" TO
ESTABLISH UNIFORM REGULATIONS FOR SIDEWALK CAFES.
WHEREAS, the City wishes to encourage the development of sidewalk cafes within the City; and
WHEREAS, separate regulations existed for piaza cafes on City Plaza, and
WHEREAS, additional regulations existed for sidewalk cafes in commercially zoned areas of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 4, Chapter 3, 1 D, 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 premises.
3. Tide 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 pubIic place within the City, except premises covered
by a license or permit, and when applicable a public right-of-way easement agreement.
Title 4, Chapter 5, 5, entitled "Open Containers," Subsection B is hereby repealed and adding a
new Subsection 4-5-5B 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 ordgr;
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 hours 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.
G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom, tearoom,
bar, cocktail lounge, or tavern.
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.
Iq '6
Ordinance No. 95-3676
Page 2
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).
2. Sidewalk cafes in the City Plaza witl 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 private property lines). Zone 1 extends the length of
the City Plaza along all sides of the Plaza. Zone 2 is the pedestrian tam, 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 Cafe 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
remsining for pedestrian use.
2. No tables and chairs shall be placed in street 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.
A sidewalk care may not utilize any public amenities such as benches, seats, tabMs or
trash receptacles.
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. for establishments possessing a current alcoholic beverage
license, and between the hours of seven o'clock (7:00) A.M. and midnight {12:00) for
sidewalk cafes not possessing a current alcoholic beverage license.
4. Food and beverages must be available for service to patrons in a sidewalk cafe during
all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen
is closed.
Sound Equipment:
1. Amplified sound equipment shall not be permitted.
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 provided 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
Ordinance No. 95-3676
Page 3
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 cafe 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 owners and tenants of three properties on each side of the establish-
ment. A notice will be posted in the window of the applicant of their intent to estab-
lish a sidewalk cafe. Applications 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 Cit~/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 cafe 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 cafe operation or location in the public right-of-way.
6. Sidewalk cafes 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.
No blockage of building entrances or exits shall be permitted in a sidewalk cafe area.
Additional restroom capacity may be required to comply with local building and housing
codes.
Occupancy limits shall be determined as set forth in Title 14, Chapter 5 of this Code.
No additional parking shall be required for the operation of a sidewalk cafe,
Sidewalk cafe areas shall be subject to inspection at least annually or at any other time
at the discretion of the City.
A sidewalk cafe serving alcoholic beverages must have an employee monitoring the
area at all times during the hours alcohol is consumed.
The sidewalk cafe shall be responsible for trash removal and must maintain the area
and surrounding 5 feet in a clean and litter-free manner during all hours of operation,
and shall restore the area and surrounding 5 feet to its normal condition as a pedestrian
way and litter-free after operation oach day.
10. The operation of any sidewalk cafe shall be in conformity with all applicable federal,
state, and local laws and regulations.
5.
6.
7.
8.
9.
Ordinance No. 95-3676
Page 4
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 districts 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 shall be considered a simple misdemeanor or
Municipal infraction as provided for in Title 1, Chapter 4 of this Code.
6. Title 10, Chapter 5, "City Plaza," as detailed below.
1 0-5-2, entitled "Definitions," is hereby amended by deleting the definition for "Plaza Cafe," and
adding "Sidewalk Care" as follows: 10-5-2: SIDEWALK CAFE: An outdoor area located tempo-
rarily 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 tabtes in that
area. Permitted sidewalk cafes must abide by the requirements and limitations set forth in Title
10.
1 0-5-8A, 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).
14. Other uses consistent with the purposes stated in Section 10-5-1 of this Chapter may be permit-
ted if specifically approved by the City Manager or designee. When a mobile or temporary 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 eafe 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 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 unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law and shall be automatically repealed November 1, 1997, unless reenact-
ed by City Council.
Passed and approved this 9tb day of May, 1995.
.Approved by-__
(~ity Attorney's Office
Ordinance No. 95-3676
Page 5
It was moved by Pigott and seconded by
as read be adopted, and upon roll call there were:
Kubb¥
AYES: NAYS: ABSENT:
x
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmo~ton
that the Ordinance
First Consideration 4/25/95
Vote for passage: AYES: Kubby, Pigott, Throgmorton, Baker, Horowitz.
NAYS: Lehman, Novick. ABSENT: None.
Second Consideration ..........................
Vote for passage:
Date published 5 / 17/95
Moved by Pigott, seconded by Throgmorton, 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: Pigott, Throgmorton, Baker, Horowitz, Kubby,
Lehman. MAYS: Novick. ABSENT: None.
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, CHAPTER 3, ENTITLED
"COMMERCIAL USE OF SIDEWALKS," AND TITLE 10, CHAPTER 5, ENTITLED "CITY PLAZA" TO
ESTABLISH, UNIFORM REGULATIONS FOR SIDEWALK CAFES.
WHEREAS,, the City wishes to encourage the development of sidewalk cafes within the and
WHEREAS;.separate regulations existed for plaza cafes on City Plaza, and
WHEREAS, ~idditional regulations existed for sidewalk cafes in commercially zoned
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 4, Chapter 3, 1D~.,entitled "Exemptions from Regulations," subsecti, 2 dealing with Plaza
Cafes is hereby repealeli:,
2. Title 4, Chapter 1, 1, definition of restaurant is hereby amended "A" and replacing
"A" as follows: \
A. Serves meals prepared the premises for consum ~remises.
3. Title 4, Chapter 5, 3, entitled ;onsumption or ;es and City Buildings,"
Subsection A is hereby ind adding a new :io follows:
A. It shall be unlawful for any ,rsons to consume or any alcoholic beverages on any
Title
new
B.
public street, ground, hi
consume alcoholic beverages
by a license or permit, and
4, Chapter 5, 5, entitled "Open
Subsection 4-5-5B as follows:
Possession Prohibited: It shall be
in any open container upon the
sidewalk or alley
ny public place
31icable a pu
City. A person shall not use or
the City, except premises covered
right-of-way easement agreement.
B is hereby repealed and adding a
any person to possess alcoholic beverages
or alleys, including the sidewalk within the
public right-of-way, and in any public p
and when applicable a public right-of.
Title 10, Chapter 3, entitled "Commercial
Title 10, Chapter 3 as follows: //CC
10-3-1: DEFINITIONS: As used in thi,s hapter, tl
PEDESTRIAN: Any person travelin~"oe foot
PUBLIC RIGHT-OF-WAY: Any public street, alley,
public way designed for vehicul,ar', bicycle or [[
RESTAURANT: A business whgse primary function is'
meets the following criteria:
A.
B.
C.
except premises covered by a license or permit,
agreement.
hereby repealed and adding a aew
definitions s~.all apply:
chair.
sidewalk, walkway, right-of-way or
travel and dedicated to public use.
~ervice of food to customers and which
Serves meals prepared bn the premises for consum ~n on the premises;
Has food service menu from which customers may ~r;
Has an employee vyhose primary duty is the pre ~ of food and an employee whose
primary duty is to,~erve food to customers;
Has a kitchen separate from the bar equipped with a mi ave oven, stove, griddle, grill
or broiler and a food refrigeration unit with a capacity in e~gess of twenty (20) cubic feet;
Operates the restaurant service during at least sixty percer~t, (60%) of the hours that the
business is open to the public; and
F. Holds itsel~ out to be a restaurant and advertises itself as a res~urant if it advertises.
SIDEWALK: Tile 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 sidev~atk contiguous with any
side of a building wherein a restaurant is located and where food and b~verages are taken for
consumption by persons sitting or standing at tables in that area. Permi~ed,~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
10-379: USE FOR SIDEWALK CAFES:
A.
1 Sidewalk cafes will be permitted in the public right-of-way only in the CB-2, CB-5 and
(the downtown and the commercial areas direcfiy north and so~ of the
owntown).
2. in the City Plaza will only be permitted in Zone 1, and 2 in con-
with Zone 1, as defined in Title 10, Chapter 5 of the City Cod~ ten foot
directly abutting the private property lines). Zone 1 ext~ the length of
f Plaza along all sides of the Plaza. Zone 2 is the pedestrian I~ oining Zone
the
1.
3. The
care area must be contiguous with any side
or food service establishment is located, and sh
building wherein a
referred to as the
4. The care, as part of a restaurant,
Public
8. Usable Sidewalk
1.Asidewalk
a minimum of
pedestrian use
will not
remaining for
2.No tables and chairs
to the street,
3. The area for a sidewalk
suitable method which
items are to be removed
shall be restored to its
stored on the public right-of-~
4-. A sidewalk care may not utilize
C. Days and Hours of Operation:
1. A public right-of-way easem~
renewals of Alcoholic Bever~
ance for establishment
the one (1)
and will require full
2. The sidewalk cafe m~
3. Sidewalk cafes shall
pedestrian way, ea
o'clock (10:00)
Area:
not extend onto the sidew~
feet (8') of unobstructed
into Zone 1 and Zone
~um of eight feet (8') of u
use,
be placed in corn
ar than ten feet
shall be
be clearly
by the Department of
manner that will not allow
adjacent to the street for
the City Plaza in a manner that
Zones 1 and 2 Plaza area
by building lines extended
from an alley.
delineated by ropes or some other
to pedestrians. Tables, chairs, and other
~ch day's operation, and the sidewalk care area
a pedestrian way. No materials shall be
;nities such as benches, seats, or tables.
'eement shall be issued in conjunction with yearly
or one (1) year from the date of issu-
alcohol, The initial application may be less than
existing Alcoholic Beverage Licenses/Permits,
.sed any time of the year.
and restored to their normal condition, as a
hours of seven o'clock (7:00) A.M. and ten
4, Food and bever~a{~es must be available for
all hours of op,~'ration.
Sound Equipment:/
1. Amplified s,ound equipment shall not
Sidewalk Cafe 6asement Agreement:
1. Establishments must apply for and obtain a
ice to patroes in a sidewalk cafe during
,right-of-way easement agreement
from the City prior to operation. Each applicant sh~ file an application with the City
Clerk,,(~n forms provided by the City and containing all~oertinent information as the City
may .(equire, and shall agree to abide by state and Ioc~,l laws governing use of public
rigl~;of-way. Establishments dispensing any alcoholic b~erage must do so under state
a~)d local law. An annual fee for easement agreements slt~11 be established by Council
resolution, and all agreements shall be for one twelve-mor)t~h period.
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 handIed 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.
' will notify the immediate abutting property owners and tenants, by letter, of
e nature of the application, and the date and time the item will appear on the agenda
~pproval by the City Council. If the application is app¢'oved by the Council, the City
nee will be responsible for the administratien of the easement agreement
and lection of fees.
All tent agreements shall be issued by the Clerk or designee, numbered
and a record kept, but only after by the City Council as re-
and local law.
Council approval of a public right-
to terminate the easement
een given and the time to cur
easement agreement sh~
:]uor
hazard, health
City retains the r
quired
Even after ~
shall retain 1
!ion
termin
violations of
and creating
law. Additionall,
direct removal of si, Ik cafe
there is a substan~ reasonabl
public purpose.
The use of public
no way interfere with
the City's public rig
a certificate of insurance sat
harmless against any and
actions arising from the si~
Sidewalk cafes located
-way easement agreement, the City
teemerit but only after written notice
,as expired. Grounds for
but not be limited to, repeated
violations of the easement agreement,
public nuisance under state or local
to terminate the easement agreement and
after deliberation, the Council determines
use of the public right-of-way for a valid
5. the approved easement agreement shall in
or City utilities located and/or operated within
addition, each applicant shall be required to provide
]ctory to the City, and shall agree to hold the City
~ility arising from interruptions, accidents or other
~eration or location in the public right-of-way.
6. Renewal Area, Iowa R-14, shall be subject to the
design review process o/Title 4 of this Code.
F. Operation of Sidewalk CafeS.
1. The City retains the right to limit the ~ ~ber of sidewalk cafes in "Permitted Uses" of
this Chapter. /
2. Advertising shall no[ be permitted in the
establishment on ~hairs, tables, umbrellas
The amenities used in the sidewalk care
3. No blockage of building entrances
4. Additionalrestroom capacity ma!
codes.
5. Occupancy limits shall be determined as set
6. No additional parking shall be required for the o
7. Sidewalk care areas shall be subject to inspection at
at the (~lscretion of the City.
cafe area except for the name of the
other amenities, as approved by the City.
shall be maintained in good condition.
be permitted in a sidewalk cafe area.
, with local building and housing
Title 14, Chapter 5 of this Code.
tion of a sidewalk care.
ast annually or at any other time
8. A side,walk care serving alcoholic beverages must an employee monitoring the
area ~.~ all times during the hours alcohol is consumed.
9. The/~idewalk care shall be responsible for trash removal.
10. Thg'operation of any sidewalk cafe shall be in conformity ,,~,th all applicable federal,
state, and local laws and regulations.
10-3-4. N~MeER 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 shall be considered a simple misdemeanor or
Municipal infraction as provided for in Title 1, Chapter 4 of this Code.
Ordinance No.
Page 4
6. Title 10, Chapter 5, "City Plaza," as detailed below. 10-5-2, entitled "Definitions," is hereby
amended by deleting the definition for "Plaza Care," and adding "Sidewalk Cafe" as follows:
iSIDEWALK CAFE: An outdoor area located temporarily on ipublic sidewalk contiguous with a
building wherein a restaurant is located and where food and ,vetages are taken for consumption
by persons sitting or standing at tables in that area. Permi~ ~,d sidewalk cafes must abide by the
requirements and limitations set forth in Title 10. /
0-5-8A, entitled Use of City Plaza," subsections 3 an/~ 14 are hereby repealed and adding new
q,bsections 3 and 14 as follows: /
3. ~Sidewatk cafe (Zones 1, 2}. /
.14. ~ther uses consistent with the purposes stat~U in Section 10-5-1 of this Chapter may be
pe,,~itted if specifically approved by the City ~lanager or designee. When e mobile or tempo-
rary ~e is allowed, it is understood that t~(s authorization does not extend to Zone 1 or
Zone z~areas which are already leased for/other purposes, e.g., mobile vending carts may
not app~,h patrons seated in a sidew ~ i, afe or outdoor service area.
10-5-8C, entitled~ Days and Hours of Oper ~n is hereby repealed and adding a new Section
10-5-8C as
C. Day Operation: 8uildir s extended onto the City Plaza are to be open at least
during normal Saturday, throughout the year. Mobile
carts may o1: sonally but f be at least in operation substantially through normal
retail business hours ~ugh Saturday, May 1 to October 1. Other months of
operation may be for ambulatory vendors and mobile carts when the
product is related to anotl~ son.
10-5-9C, entitled "Plaza Cafes" ,"by repealed in its entirety and the Section reserved for
future use.
SECTION II. REPEALER. All ordinan ; of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. if section, provis~"~ or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, s~ adjudication shell ~t affect the validity of the Ordinance as a
whole or any section, provision ' part thereof not adjudg'e.d invalid or unconstitutional.
SECTION IV. EFFECTIVE DAT~./ This Ordinance shall be in effect after its final passage, approval and
publication, as provided by la?.
Passed and approved this..'
MAYOR
/
/
ATTEST:
CITY CLERK
/
Approved by X,~