HomeMy WebLinkAboutOrdinances 2005
I ~ 1
-_:. -ilia'
!~~~tr.
....;;:..;,,~~IIIII'
......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4148
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
4th day of January, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on January 12th, 2005.
Dated at Iowa City, Iowa, this 4th day of February, 2005.
. :; . ~ \,:\\,'^'('. .~
Ju 1 . Voparil ~
Deputy City Clerk
....... .;.
.
~" J
.
I
,I
"
I
I
Printer's Fee $ <=) '1 .38'
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I,
Linda Krotz, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper l time(s), on the
following date(s):
,....,- I;) ~(')()5
\,}(},h,JOV'd
-'
';:Z -7f ~ Legal Clerk
Subscribed and s~ to before me
this I ;;L/--A day of M' dUij,
A.D. 2<Q.o:; .
(9/l~/NJ ~/
Notary Public
@ ORLENE IlAHER
Commlnlon Number 715848
. ! My Commtnloll ilqIhvs
... Aprtl 2, 2005
."
I
OFFICIAL PUBliCATION
ORDINANCE NO. 05-4148
AN ORDINANCE APPROVING . AN
AMENDED PLANNED DEVELOPMENT
HOUSING (OPDH-5) PLAN FOR VIL.
LAGE GREEN PART xx .
WHEREAS, the OPDH-5 Plan for Village
Green Part XX was approved in
December 2001, by Ordinance No. 01-
3989, but OPDH plans are valid for only
24 months; and
WHEREAS, the Applicant, Third Street
Partners, has requested the City approve
an amended OPDH-5 Plan to allow a
third garage stall on 7 of the 19 proposed
dwelling units that were depicted on the
2001 plan; and
WHEREAS, the remainder of the plan is
the same as was approved in 2001,
which includes 19 dwelling units clus-
tered on 7.0 acres around a pond, and an
extension of Wintergreen Drive to Village
.Road; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed
OPDH-5 Plan for Village Green Part XX,
and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I APPROVAl
The OPDH-5 Plan for Village Green Part
I XX, a two-lot 19 dwelling unit develop-
ment is hereby approved for property
I described below:
Commencing at the Northeast corner of
the Northeast Quarter of Section 24,
Township 79 North, Range 6 West, of the
I Fifth Principal Meridian; Thence
S89053'53"W, along the North line of said
I Northeast Quarter, 930.78 feet, to the
! Northwest corner of Outlot "S" of Village
Green - Part XVIJI, in accordance with
I' the Plat thereof recorded in Book 43, at
Page 153, of the records of the Johnson
County Recorder's Office; Thence
Sno05'19"E, along the Northeasterly
llina of said Outlot "B", 109.20 feet;
tThence S56048'24"E, along said
INor.theasterlY line, 107.12 feet, to the
Southeast corner thereof, and the
Northwest corner of Village Green - Part
Xtx, in accordance with the Plat thereof
recorded in Sook 46, at Page 300, of the
records of the Johnson County
Recorder's Office; Thence S70019'OO"W,
along the Westerly line of said Village
Green - Part XIX, 139.50 feet; Thence
S32004'14"W, along said Westerly line,
85.00 feet; Thence S15023'06"W, along
said Westerly line, 217.09; Thence
S10004'01"W, along said Westerly line,
60.00 feet; Thence Northwesterly, 223.00
lfeet, along a 525.38 foot radius curve,
,concave Northeasterly, whose 221.33
,foot chord bears N67"46'24'W; Thence
~Sol!thwe~terIY, 31.15)eet, along a 20.00
,foot radius curve, concave Southeasterly:
\whose 28.10 foot chord bears
S79046'05"W' Thence N54051'02"W
155.00 feet; Thence N36002'53"E, 6.41'
Ifeel; Thence Northwesterly, 28.82 feet,
I along a 20.00 foot radius curve, concave
, ,Southwesterly, whose 26.39 foot chord
bears N04019'44"W; Thence
. 'Northwesterly, 189.83 feet, along a
t ; 52S.38 foot radius curve, concave
,1 Northeasterly, whose 188.80 foot chord
bears N3S015'13"W; Thence
Northwesterly, 29.11 feet, along a 20.00
- foot radius curve, concave
I Southwesterly, whose 26.61 foot chord
bears. ~N66035'50"W; Thence
S72024'01"W,~. 4.64 feet; Thence
N16054'29"W, 50.00 feet; Thl;!nce
, Northeasterly, 30.90 feet, along a 20.00
. foot radius curve, concave Northwesterly,
whose 27.92 foot chord bears
N28049'5S"E; Thence, Northwesterly,
87.69 feet, along a 525.38 foot radius
,curve, concave Northeasterly, whose
j 87.59 foot chord bears N10038'47"W;
.~
r
;TIience-N05051'54"W,-6.11-feet, to a' I
point on the said North line of the
Northeast Quarter of Section 24; Thence
S89057'00"W, along said North line,
122.06 feet, to the Southwest corner of
Outlot "B", at Village Green - Part XV, in
accordance with the Plat thereof record-
ed in Book 38, at Page 97, of the records
. of the Johnson County Recorder's Office;
I Thence N00003'00"W, along the Westerly
'line of said Outlot "B", 84.83 feet; Thence
N080S8'49"E, along said Westerly line,
136.86 feet; Thence N39029'01"E, along
said Westerly line, 112.85 feet, to the
Northwest corner thereof; Thence
Southeasterly, along the Northerly line of
said Village Green - Part xv. and the
, Northerly line of Outlot 'B" of Village
Green - Part XIV, in accordance with the
Plat thereof recorded in Book 37, at Page
41, of the records of the Johnson County
ReCorder's Office, 519.73 feet, and a
746.66 foot radius curve, concave
Northeasterly, whose 509.31 foot chord
bears S70027'27'E; Thence
Northeasterly, along the Northerly line of
said Outlot "B", 23.74 feet,_and a 760.00
foot radius curve, concave Northwesterly,
whose 23.74 foot chord bears
N88042'22"E, to the Northwest corner of
Lot 49 of Village Green - Part XVIII, in
, accordance with the Plat thereof record-
ed in Book 43, at Page 153, of the
records of the Johnson County
Recorder's Office; Thence S02011 '20"E,
along the Westerly line of said Lot 49, a
! distance of 136.52 feet, to the said,
POINT OF BEGINNING. Said Tract of
land contains 7.01 acres, and is subject
to easements and restrictions of record. .
--'----=--sEcrrON.' rr IJAAiATIONS-
To allow the development of 19 dwelling
units on 7.0 acres clustered around a
pond, the Village Green Part XX OPDH-5
I Plan varies from the RS-5 dimensional
I requirements. These variations included
! allowing multiple dwelling units to be
,located on one lot; two to three dwelling
1 units are attached in one structure; and
some dwellings are accessed from a 22-
foot wide private street.
SECTlnN III ZONIN(.l; MAP The
LBuilding Inspector is hereby authorized
and directed to change the zoning map of
I the City of Iowa City, Iowa, to conform to
, this amendment upon the final passage,
approval and pUblication of this
Ordinance by law.
SECTION IV CERTIFICATION ANn
RECORnIN(.l; The City Clerk is' hereby
t authorized and directed to certify a copy
~ of this ordinance and a copy of the
amended OPDH Plan for this property,
and record the same in the Office of the
County Recorder, Johnson County, Iowa,
I at the Owner's expense, upon the tinal
. passage, approval and publication of this
ordinance, as prOVided by law.
I SECTlnN V AEPFALER. All
,ordinances and parts of ordinances in
,conflict with the provision of this
Ordinance are hereby repealed.
1 SECTION VI. SEVERABILi-
I TY. If any section, provi~sion or part of
! the Ordinance shaH be adjudged to be
I invalid or unconstitutional, such adjudica-
1 tion shall not affect the validity of the
Ordinance as a whole or any section, pro-
I vision or part thereof not adjudged invalid
or unconsti-tutional.
SECTION VII EFFFCTIVE
.QAIf. This Ordi-nance shall be in effect
after its final passage, approv.al and pub-
lication, as provided by law.
, Passed and approved this 4th
I day of January, 2005.
stErnest W. Lehman, Mayor
I Attest: slMarian K. Karr, City Clerk
1 566S0 January 12, 2005
I
I ~ 1
-_:. -ilia'..,
!~I~~~
~~"'IIII"
......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240- J 826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4149
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
6th day of January, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on January 12th, 2005.
Dated at Iowa City, Iowa, this 4th day of February, 2005,
~"".., ~:\l~~"
Julie ,Voparil ~
Deputy City Clerk
;
,,--I-' ..
"-
J ,f;;
-'".
ORLENE IlAHER
Commission N....bor 715848
My CommtnIOll ExpI....
Aprtl 2. 2005
OFFICIAL PUBLICATION
I ORDINANCE NO. 05-4149
AN ORDINANCE EXCLUDING AIR-
PORT SHUTTLES FROM THE COLOR
SCHEME REQUIREMENTS OF VEHI-
CLES FOR HIRE AND CLARIFYING I
THE DEFINITION OF VEHICLE FOR
HIRE.
WHEREAS, the reasons for requiring that
taxicabs have a distinct color scheme are
not applicable to the shuttle services that
I provide transportation only to and from
'the Eastern Jowa Airport;
,WHEREAS, the exatusion of charter
transportation services ,from vehicle for I',
[hire regul~tions should be limited 10 vehi-
cles_carrymg .passengers.for hire either...- +
on a fixed route or pursuant to a contract Iii
with advance reservations; and
WHEREAS, it i~ 'i;t~he public interest to
adopt these amendments.' . I
NOW. THEREFORE, BE IT ORDAINED I
BY THE CITY COUNCIL OF THE CITY
OF CITY, IOWA:: :.
SECTION I AMFNDMFNTS I
1. Title 5, entitled "BUsj[l8SS and License I I
Regulation," Chapter.2,-entitled "Vehicles
for Hire, Section 1 entitled "Definitions,. is
amended by addin-g-'Ihe following new I:
definition:
Airport Shuttle: A vehicle furnished with
a driver that carri~~JlJissengers for hire
exclusively on a route Ulat either starts at
or ends at the Eastem10wa Airport.
2. Title 5, entltred "Business and
License Regulation," Chapter 2, entitled I
"Vehicles for Hire, Section 1 entitled
"Definitions,' is amended by adding the I
following new definition: I
Charter Transportation: A vehicle fur-
nished with a driver that carries passen-
gers for hire either on a fixed route in the I
city or pursuant to a written contract with 1'1
I reservations at least twenty-four (24)
hours in advance of the service. I
I ' 3. Title 5, entitled "Business and
License Regulation," Chapter 2, entitled I
'"Vehicles for Hire, Section 1 entitled I I
"Definitions," is amended by deleting the ' t,
I definition of "vehicle for hire" and substi-
tuting the following new definition:
Vehicle for Hire: All vehicles furnished
with a driver that carry passengers for
hire within the city, including but not limit-
ed to taxicabs, pedicabs, horse drawn
vehicles, and airport ,shuttles. Charter
transportation as defined in this section
and a vehicle owned or operated by any
governmental entity that provides public I
transportation are not a vehicle for hire. '
4. Title 5, entitled "Business and
License Regulation," Chapter 2, entitled
"Vehicles for Hire, Section 8 entitled
'Vehicle for Hire Requirements,"
Paragraph B, entitled "Distinctive Color
~cheme Required,. is amended by delet-
mg Paragraph B In its entirety and substi-
tuting the following new Paragraph B:
Each vehicle for hire, except for airport
shuttles, shall be furnished in a distinctive
C?1~r so. that it may be readily and easily
distinguished as a vehicle for hire which
color scheme shall and must at all times
I meet with the approval and requirements
, of the City Clerk.
ISECTION II REPFALER All ordinances
I and parts of ordinances in conflict with
the provision of this Ordinance are here-
-----i by repealed.
I' SECTION III ,!;EVERAAILlTY If any
section, provi-sion or part of the
Ordinance shall be adjudged to be invalid
: or unconstitutional, such adjudication
I shall not affect the validity of the
,?r~lnance as a whole or any section, pro-
VISion or part thereof not adjudged invalid
or unconsti-tutional.
SECTION IV FFFECTIVF DATF This
Ordi-nance shall take effect on March 1
2005. '
I Passed and approved this 6th day of
j January, 2005. .
slErnest W. Lehman, Mayor
1 Attest: slMarian K. Karr, City Clerk
'56651 January 12 2005
I;:: ,
Printer's Fee $ JC!. <-/5'
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I,
Linda Krotz, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper J time(s), on the
following date(s):
J Ct..J.r-LLCl \r"-\ \:J.) Sl...01 rS) C)
<J
Y-4~
Legal Clerk
Subscribed and s~rn to before me
this ~day of tilJyl/' A F
A.D. 20n5 .
@~~bIiC
I ~ 1
!~~~tr.
-';;;:"'.....11II.'-
........
CITY OF IOWA CITY
4] 0 East Washington Street
Iowa City. Iowa 52240-\826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4150
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
18th day of January, 2005, all as the same appears of record in my office and published
in the Iowa City Press-Citizen on January 26th, 2005.
Dated at Iowa City, Iowa, this 4th day of February, 2005.
~,,:. ~~.",,~
Juli , Voparil ~
Deputy City Clerk
...'" .:.
~
, ,,;..
Printer's Fee $ 'X ;).., 3U
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I,
Linda Krotz, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper I time(s), on the
following date(s):
<' ) {J./Y\ 11 CJ v'd ~(,.... ~o5
~~~ Legal Clerk
Subscribed and sr to before me
this)),k M day of -1't IA 0 i/(j'
~2;:~
Notary Public
@ ORLENE MAHER
eommlulon Numbet' 715848
My Commission expIres
.. Ap~1 2, 200S
~ Os- <t\S'()
C?.J\\~
OFFICIAL PUBliCATION
ORDINANCE NO. 05-4150 II
AN ORDINANCE AMENDING ORDI- ,
NANCE NO, 99-3879, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED
AND COLLECTED EACH YEAR ON
ALL PROPERTY LOCATED WITHIN
THE AMENDED NOATHGATE CORPO-
RATE PARK URBAN RENEWAL AREA
OF THE CITY OF IOWA CITY, COUNTY
OF JOHNSON, STATE OF IOWA, BY I
AND FOR THE BENEFIT OF THE I
STATE OF IOWA, CITY OF IOWA CITY,
COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT, AND
OTHER TAXING DISTRICTS, BE PAID
TO A SPECIAL FUND FOR PAYMENT
OF PRINCIPAL AND INTEREST ON
LOANS, MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING BONDS
ISSUED OR TO BE ISSUED,
INCURRED BY SAID CITY IN CONNEC- I
; TION WITH THE AMENDED 'NORTH~ I
I GATE CORPORATE PARK URBAN
IRENEWAL REDEVELOPMENT PRO.
JECT I
. WHEREAS, the City Council .
I of the City of Iowa City, iowa has hereto- I
fore, in Ordinance No. 99-3879, provided '
I for the divisIon of taxes within the I
Northgate Corporate Park Urban
I Renewal Project Area, 'pursuant to I
.Section 403.19 of the Code of Jowa; and I
, WHEREAS, additional territo- !
" ry now has been added to the Northgate :
,Corporate Park Urban Renewal Project I
i Area; and
. WHEREAS, indebtedness
. has been incurred by the City, and addi-
I tional indebtedness is anticipated to be
incurred in the future, to finance urban
renewal project activities within the
l amended Northgate Corporate Park
Urban Renewal Project Area, and the
; continuing needs of redevelopment with-
in the amended Northgate Corporate
, Park Urban Renewal Project Area are
such as to require the continued applica-
I tion of the incremental tax resources of
the amended Northgate Corporate Park
Urban Renewal Project Area; and
. - WHEREAS, the following I '
'enactment is necessary to accomplish I
I the objectives described in the premises. i
NOW, THEREFORE, BE IT ORDAINED I
~ BY THE CITY COUNCIL OF THE CITY I,
,OF IOWA CITY, IOWA, THAT;
I Ordinance Number 99-3879 Is hereby
amended to read as follows:
, Section 1: For purposes of
this Ordinance. the following terms shall
have the following meanings;
(a) Original Project Area I
shall mean that portion of the City of Iowa
City, Iowa described in the Urban
Renewal Plan for the Northgate
Corporate Park Urban Renewal Area
approved by Resolution No. 99-111 on
IAprH 6,1999, which Original Project Area
includes the lots and parcels located
:within the area legally described as fol-
lows; I,
rL9ts 1-20 Highlander Development, First II
I Addition, Iowa City, Iowa.
,. (b) Amendment NO.1 Area
. shall mean that portion of the City of Iowa
. City, Iowa described in Amendinent No.1
to the Urban Renewal Plan for the
Northgate Corporate Park Urban I'
Renewal Area approved by Resolution
No. 05-11 on January 4, 2005, which
Amendment No.1 Area includes the lols
, and parcels located within the area legal-
tly described as follows:
, Weiler Parcel
Auditor's parcel B as described on plat of
. survey recorded in Book 34, Page 191,
Plat Records of Johnson County, Iowa,
\being a portion of the northeast quarter
of the southwest quarter of Section 36,
Township 80 North, Range 6 West of the
'5th P.M.; SUbject to easements and
restrictions of record.
.,
'Jones\SollthnatA Deve-looment-C~mDanv
,-
jThat portion of the northwest quarter of
Ithe southeast quarter of Section 36,
,Township 80 North, Range 6 West of ~e
5th P.M., excepting therefrom that portion
platted as Highlander Development Rrst
Addition, Iowa City, Iowa, according to the
plat thereof recorded in Plat Book 25,
Page 52, Plat Records of Johnson
County, Iowa, subject to easements and
i restrictions of record.
(c) Amended Project Area
'shall mean that portion of the City at Iowa
City, Iowa included within the Original
Proiect Area and the Amendment No. 1
Area, which Amended Project Area
includes the lots and parcels located
within the area legally described as fol-
lows: '
ORIGINAL AREA ,
Lots 1-20 Highlander Development, First
Addition, Iowa City, Iowa.
AMENDMENT NO 1 AREA
Weiler Parcel
'Auditor's parcel B as described on plat of
I survey recorded in Book 34, Page 191,
Plat Records of Johnson County, Iowa,
being a portion of the northeast quarter
of the southwest quarter of Section 36,
, Township 80 North, Range 6 West of the
. 5th P.M.; subject to easements and
restrictions of record.
JonS!l\Southoate DeveloDment Comasnv
-
, That portion of the northwest quarter of
the southeast quarter of Section 36,
Township 80 North, Range 6 West of the
5th P.M., excepting therefrom that portion
platted as Highlander Development First
Addition, Iowa City, Iowa, according to the
plat thereof recorded in Plat Book 25,
Page 52, Plat- Records of Johnson
County, Iowa, Subject to easements and
restrictions of record.
Section 2: The taxes levied
on the taxable property in the Amended
Project Area, legally described in Section
1 hereof, by and for the benefit of the
,State of Iowa, City of Iowa City, County of
J Johnson, Iowa City Community School
District, and all other taxing districts from
and after the effective date of this
Ordinance shall be divided as hereinafter
, in this Ordinance provided.
, Section 3: As to the Original
, Project Area, that portion of the taxes
which would be produced by the rate at
which the tax is levied each year by or for
each of the taxing districts taxing proper-
ty in the Original Project Area upon the
total sum of the assessed value of the
taxable property in the Original Project
Area as shown on the assessment roll as
of January 1, 1998, being the first day of
the calendar year preceding the effective
date of Ordinance No. 99-3879, shall be
allocated to and when collected be paid
into the fund for the respective taxing dis-
I trict. as taxes by or for said taxing district
into which all other property taxes are
~ paid. The taxes so determined shall be
referred herein as the "base period taxes.
: for such area.
As to Amendment No.1 Area,
base period taxes shall be computed in
the same manner using the total
I assessed value shown on the assess-
..ment.roILas of.J~uary~"2004,,being the
assessment roll applicable to property in
such area as of January 1 of the calendar
, year preceding the effective date of this
Ordinance.
Section 4: That portion of the
taxes each year in excess of the base
period taxes for the Amended Project
Area, determined for each sub-area
< thereof as provided in Section 3 of this
Ordinance, shall be allocated to and
when collected be paid into the special
~ t,~"-cf!!~~~U.und_p~ou_s.1y established
~ OS'"-Y:\SO
, by the"CitY.ofloWa City to' pay the prlnel:
I pal of and interest on loans, monies
advanced to, or Indebtedness, whether
funded, refunded. assumed or otherwise,
including bonds issued under authority of
Section 403.9 or Section 403.12 of the
Code of Iowa, incurred by the City of Iowa
City, Iowa to finance or refinance, in
whole or in part, urban renewal projects
undertaken within the Amended 'Project
Area pursuant to the uman'Reh'ewal
Plan. as amended; exoeptothat (..,s fur
the regular and .voter.spproved physiCal
plant and eq'tjipment le~Qf a school dis-
trict imposed pursuant<to .sestioIl>298.2,
but only to'the 'extef'lt"authorized in
Section 403j9(2),~an&l'laxes'/~ent
of bonds and interest-of each ~ dis.
trict shalll?e coll~e.d~~gainmr"ttlxable
l property within.,the . Amendea Project
Area without any'limitation-as herein-
above provided.' '~-
; Section:5:.U_s~or,until the
total assessed valuetiOfl"ot-thetaxable
property :in the ~r~<!S 'of'1tflrAmended
Project Area exceeds.tha.tota1:iiSSessed
value ot. the taxable=~ said
areas shown bY tfiECa~essment rolls
referred to in Section 3 of,this Qrdinance,
all of the taxes levied,and (:ollected upon
the taxabte"property )11 'the _ Amended
Project Area shall be paid.lntoJhe 'funds
for the respective taxing districts as taxes
by or for the'taxing'districts:'lhHthe same
manner. as. aJl.-other. propEfrtjt;vos:--o-- "-
Section .6:.. AI'6ucl:l'-'lime as
the loans; monies advanced';-bonds and
interest thereon and indetiledn.fil~of the.
City of Iowa City;referred to in Section 4
hereof have been paid, all monies there-
after received from taxes upon the tax-'
able property in the Amended Project!
Area shall be paid into the funds' for the'
respective taxing districts in the same
manner as taxes on all other property.
Section 7: AU ordinances or
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed. The provisions of this
I Ordinance are intended and shall be con-
strued so as to continue the division of
taxes from property within the Original
Project Area under the provisions of
Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 99-3879,
and to fully implement the provisions of
Section 403.19 of the Code of Iowa with
respect to the division of taxes from prop-.
erty within the Amendment NO.1 Area as
described above. In the event that any
provision of this Ordinance shalt be deter-
mined to be contrary to law it shall not
affect other provisions or application of
this Ordinance which shall at all times be
l construed to fully invoke the provisions of
I Section 403.19 of the Code of Iowa with
! reference to the Amended Project Area
and the territory contained therein.
Section 8: This Ordinance
shall be In effect 'after its final passage,
approval and publication as provided by
1 law.
PASSED AND APPROVED
this 16th day of January, 2005.
slErnesl W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk
56942 January 26, 2005
'.
~~.~\~
I ~ 1
!~~~tr.
....;;:..;,,~...IIII.'-
.... ...
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-] 826
(3] 9) 356-5000
(3] 9) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4151
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of February, 2005, all as the same appears of record in my office and published
in the Iowa City Press-Citizen on February 23rd, 2005.
Dated at Iowa City, Iowa, this 7th day of March, 2005.
~
". ~.. ,~,\(~~, \) ,
. Ju I . Voparil ~
Deputy City Clerk
,,~
""
>
.,,' '
?f...
"
Printer's Fee $~ q
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I,
Linda Krotz, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper _I time(s), on the
following date(s):
~ .eJo ,-,,'-0 v d ~ =) ;J.r)() Ei
V:-A(&~
Legal Clerk
Subscribed and sworn to before me
this 2:'3I\A day of .&1oV'u.a..Y'U'
A.D. 20 () =s .
Notary Public
fij..
J
. .
...
ORLENE MAHER
eommtaion Number 115848
My Commtnlan ExpI....
Aprll2. 2001
I
) ORDINANCE NO. 05-4151
I AN ORDINANCE AMENOING THE ZON-
ING ORDINANCE BY CHANGING THE
ZONING DESIGNATION FROM MEDI-
I UM DENSITY SINGLE-FAMILY RESI-
DENTIAL, RS-B, TO SENSITIVE AREAS
I OVERLAYIMEOIUM DENSITY SINGLE-
' FAMILY RESIDENTIAL, SAO/RS-8,
! I ZONE AND A PRELIMINARY SENSI.
TIVE AREAS DEVELOPMENT PLAN
I (OR OLDE TOWNE VILLAGE.
i WHEREAS, the owner, Plum Grove
I Acres, Inc. has requested rezoning of this
i property from RS-a to SAD-a to allow the
, development of a mixture of single.family
I homes, zero71ot line dwellings and town-
I' house style multi-family buildings on
property containing a wetland; and
OFFICIAL PUBLICATION
WHEREAS, the Sensitive Areas
Development Plan includes the removal
of some tow quality wetland, areas to be
mitigated in a larger reconstructed wet-
land; and
I WHEREAS, the Planning and Zoning
I Commission has reviewed the proposed
rezoning and Sensitive Areas
I Development Plan and has found that it
complies with the requirements of the
I Sensitive Areas Overlay Zone and the
I Conditional Zoning Agreement agreed to I
: by the applicant and the City with the
I approval 01 the annexation and rezoning
I of this property in 2002 (ordinance num-
I ber 02-4002); and
,
I NOW, THEREFORE, BE IT ORDAINED
, BY THE CITY COUNCIL OF THE CITY
, OF IOWA CITY, IOWA:
) SECTION 1 APPROVAL The property
described below .is hereby reclassified I
'from Single-Family Residential, RS-8, to
Sensitive Areas OverlaylMedium Density
Single-Family Residential, SAO/RS.8,
I and the associated Sensitive Areas
, Development Plan is hereby approved:
1 Commencing at the Center 01 I
! Section 7, Township 79 North, Range 5
I' West of the Fifth Principal Meridian, " \(
Johnson County, Iowa; Thence
N861146'll"W, along the centerline of I'
Lower Branch Road SE, 1836.47 feet;
Thence N011119'52"E, 33.02 feet to a
\ point an the northerly line of Lower West
Branch Road SE and the Point of
: Beginning; Thence NB61146'll"W, along
! said northerly right--of-way line, 472.36
feet; Thence northwesterly, 220.86 feet
along said northerly right-of-way line and
, an arc of a 542.00 foot radius curve, con-
I cave northeasterly, whose 219.34 loot
chord bears N751105'45"W to a point on
the east line of Auditor's Parcel 97040 as I
I recorded in Plat Book 37 at Page 347 in
. the records of the Johnson County I
Recorder; Thence N0Q235'42"E, along
said east line, 489.17 leet; Thence
N891124'18"W, along the north line 01 said
Auditor's Parcel 97040, a distance of
250.00 leet, to a point on the easterly
right-ai-way line of Scott' BOulevard;
Thence N0Q!l35'42"E, along said easterly
right--of-way line, 398.14 feet; Thence I
northwesterly, 80,15 feet along said east.
erly right-of-way line and an arc of :u::'
1050.00 loot radius curve, concave
I southwesterly, whose 80.13 foot chord
L, bears N01!135'32"W;Thence northeaster.
. ; Iy, 137.43 feet along an arc of a 720.00
foot radius curve, concave northwesterly,
: whose 137,22' foot chord bears
N811149'30"E; Thence N761121'24"E,
402.01 feet; Thence northeasterly,
203.93 leet, along an arc of a 780.00 foot
radius curve, concave southeasterly,
I.whose_~93.35 foot chord bears
I ~ NEi311~;Oi48"E;- Thence ~S88!140'08"E,.
I 225.47 to the Northwest corner of Lot 2 of
I Tegler Subdivision, as 'recorded in Plat
Book 25 at Page 42, records of Johnson
County, Iowa; Thence SOl!119'52"W,
1 a!ong the westerly Une of said Lot 2, a
, dIstance of 1184.21 feet to said Point of
Beginning containing 21.00 acres and
subject to easements and restrictions of
record.
: SECTION II ZONING MAP. The Building
Inspector is hereby authorized and direct-
ed to change the zoning map of the City
01 Iowa City, Iowa, to conform to this
amendment upon the final passage,
approval and publication of this ordinance
as provided by law. .
SECTION IV CERTIFICATION AND
. RECORDING Ul?on passage and
. ~proval of the Ordmance, the City Clerk
IS hereby authorized and directed to car-
'tify a copy of the ordinance and the
Sensitive Areas Development Plan and to
. record the same at the office of the
County Recorder 01 Johnson County,
Iowa, at the owner's expense, all as pro-
vided by law.
I SECTION V REPEALER All ordinances
and parts of ordinances in conflict with
j the provision of this ordinance are hereby
repealed.
j SECTION VI SEVERABILITY: If any sec.
tion, provision or part of this ordinance
shall be adjudged to be invalid or uncon-
stitutional, such adjudication shall not
affect the validity of the ordinance as a
whole or any section, provision or part
thereol not adjudged invalid or unconsti-
, tutiona!.
SECTION VII EFFECTIVE DATE This
ordinance shall be in effect after its final
passage, approval and publication, as
required by law.
Passed and approved this 15th day of
February, 2005.
s1Ross Wilburn, Mayor Pro tem
Attest: Marian K. Karr, City Clerk
57118
February 23, 2005
I ~ 1
!~~~tr.
'--~ ,,1III'iKi;
......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4152
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
1 st day of March, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on March 7th, 2005,
Dated at Iowa City, Iowa, this 4th day of April, 2005,
~. \.\\ ~
.. ......" ~~,\)~
Juli , Voparil
Deputy City Clerk
." ~ ..;'..
~~.l~
, ,
..,,-....
-. '
"";~..::~./, ~
" .i. /' :
,., ..
" . ;'..::
.'
-;;.- _....+
...,- '..
.- ~
- -
Printer's Fee $ ;). 8;;J.5<-l ,
,
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I,
Linda Krotz, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper ~ time(s), on the
following date(s):
~ l1"'-c1 l,;:)-.b05
-'
e
Y-AflA~ Legal Clerk
Subscribed and sworn to before me
this --=11L-day of J{\ (} ~ cJ--
A.D. 20 015 . ,
~ ~k-L ffLCLLA_J
Notary Public
~ ORLENE MAHER
f .~ Commission Number 115848
My Commission expires
... April 2, 2005
~ . ClS- ~(.s-~
~0 . \ \ ~
OFFICIAL PUBUCATJON
ORDINANCE NO. 05.4152
ORDINANCE AMENDING THE IOWA
I CITY CHARTER, CHAPTER 1 (DEFINI-
TIONS)' AND SECTIONS 2,03 (EliGI-
BILITY), 2.05 (COMPENSATION), 2.11
(COUNCIL ACTION), 2.12 (PROHIBI-
TIONS), 3,01 (NOMINATION), 3.02 (PRI.
MARY ELECTION), 4.03' (ABSENCE;
DISABILITY OF CITY MANAGER), 4.04
(DUTIES OF CITY MANAGER), 5.02
(APPOINTMENT; REMOVAL), 5.03
(RULES), 6.02 (DISCLOSURE OF CON.
TRIBUTlONS AND EXPENDITURES)
6.03 (DEFINITION), 6,04 (VIOLATIONS)'
7,01 (GENERAL PROVISIONS), 7.02
(COMMENCEMENT OF PROCEED_
INGS; AFFIDAVIT), 7,03 (PETITIONS;
REVOCATION OF SIGNATURES), 7.04
(PROCEDURE AFTER FILING), 7,05
(ACTION ON PETITIONS), 7.06
(RESULTS OF ELECTION), 8.01
(CHARTER AMENDMENTS), AND 8.02
(CHARTER REVIEW COMMISSION) AS
RECOMMENDED BY THE CHARTE~
REVIEW COMMISSION.
WHEREAS, the Iowa City
Charter provides for the establishment of
a Charier Review Commission at least
once every ten (10) years;
WHEREAS, the City Council
did appoint a nine (9) member
Commission to review the Charter on
March 16, 2004 in Resolution No. 04-88;
WHEREAS, the Charter
Review Commission met twenty-four (24)
times to review the Charter and held
three (3) public hearings;
WHEREAS, the Charter
Review Commission made its recom~
mendations to Council on January 18,
2005; and
WHEREAS, it is in the best
interest of the City to adopt said recom.
mendations.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CITY, IOWA:
SECTION L AMENDMENTS
1. The ~Definition" provision in the
Charte~ i~. hereby amended by repealing
the deflnl~lon of "o;rdinance" and adding
I the followmg new definition:
, I "Oreli,nanCe" m, eans a City law of a gen-
eral andpermanelJt nature. .... .
-2.- The-'TIefinition.....provfsion of""lfiel
Charter is hereby amended by repealing I
I the definition of "measure" and adding
the following new definition:
"Measure" except as provided in Article
VII, means an ordinance, amendment,
resolution or motion.
3. Article II, entitled "City Council,"
Section 2.03, entitled "~Iigibility," is here-
by amended by repealing 2.03 in its
entirety and adding the following new
Section 2.03:
To be eligible to be' elected to and to
I retain a Council Position, a person must
be an eligible elector of Iowa City, and if
seeking or elected to represent a Council
District, must be an eligible elector of that
Council District.
4. Article .11, entitled wClty Council,"
Section 2.05, entitled "Compensation," is
hereby amended by repealing 2.05 in its
I entirety and adding the following new
Section 2.05:
The Council,' by ordinance, shall pre-
scribe the compensation of the Mayor
. and the other Council members. The
tlcouncil shall not adopt such an oreli.
nance during the months of November
land December immediately following a
regular City election.
5. . Article JI, entitled "City Council,"
Section 2.11, entitled "Council action" is
'hereby amended by repealing 2.11i~ its
entirety and adding the following new
Sectio'l2_,11:
Passage of anordiriflnce, amendment or
:resolution requires a majority vote of all
,the members of the Council except as
otherwise provided by State law.
6. Article. II, entitled "City Council,.
Section 2.12,. entitled .Prohibitions,"
.Paragraph B is hereby amended by'
Irepealing B in its entirety and adding the
'folloWing new Paragraph B:
8. With the exception of the
appointment of the chief of the police
department and chief of the fire depart-
ment, whiCh are subject to approval of the
City Council, neither the Council nor its
:members may dictate, in any manner, the
'appointment or removal of any person
:appointed by the City Manager. However,
ithe Council may.express its views to the I
"City Manager pertaining to the appoint-
,ment or removal of such employee.
7. Article III. entitled;
"Nomination, Primary Election and,
Regular Election," Section 3.01, entitled
"Nomination,. Paragraph A is hereby ~
. amended by repealing Paragraph A in its
.entirety and adding the following new
.Paragraph A:
A. An eligible elector of a council
district may, become a candidate for a
council district seat by filing with the City.
Clerk a valid petition requesting that his.
or her name be placed on the ballot for
that office. The petition must be filed not
more than sixty-five (65) days nor less
than forty (40) days before the date of the
election and must be signed by eligible
electors from the candidate's district
equal in number to at least two (2) per-
cent of those who voted to fiflthe same
office at the last regular city election, but
not less than ten (10) persons. I
8. Article III, entitled;
"Nomination, Primary Election and I
Regular Election," Section 3.02, entitled
, "Primary Election," Paragraph A is here-
I by amended by repealing Paragraph A in
its entirety and adding the foUowing new
I Paragraph A: . .
1 A. If there are more than two,
. candidates for a Council District seat, a"
\ primary election must be held for that"
seat with only the qualified electors of,
II that Council District eligible to vote. Thel'
names of the two candidates who receive
the highest number of votes in the pri-
I mary election are to be placed on the bal- '[
lot for the regular City election as candi-
dates for that Council seat.
9. The title to Section 4.03 of Article IVI
is hereby amended by repealing the title.
'I'in its entirety and adding the following I
new title to Section 4.03:
._ ~~~~ce: ~!s_a~~l!..ty _~~~~~nager.
.10:Thetitle to Section 4.04 of Arlicle JVls I
hereby amended by repealing the title in I
its entirety and adding the following new
title to Section 4.04:
Duties of City Manager { -..
11. Article IV, entitled "City Manager,"
Section 4.04, entitled "Duties of Oity man-
ager," Paragraph A is hereby amended
by repealing Paragraph A in its entirety
and adding the following new Paragraph
. A:
, A. The City Manager shall be
chief administrative officer of the City and
shall:
(1) Insure that the laws of the
j City are executed and enforced. .
i (2) Supervise and direct the
administration of City government and
.the official conduct of employees of the
City appointed by the City Manager
including their employment, training,
I reclassification, suspension or discharge
, as the occasion requires, subjecfto State
law.
(3) Appoint the chief of the
i pOlice department and the chief of the fire
department with the approval of the City
Council. _.._~.__'
---- (4) superVise the chief of the I
police department. and ~hief of th~ fire
department, including their suspension or
discharge as the occasion require~. Such
supervision shall not be sublect to
approval of the City Council.
(5) Appoint, or employ per-
sons to occupy positions for wh,lch no
other method of appointment is provided
by State law or this Charter.
(6) Supervise the administra-
tion of the City personnel system, includ-
ing the determination of the compensa.
tion of all City employees appointed by
~.City,!"'anagElr,subject,to, Stata.law or
this Charter.
(7) Supervise the perform-
ance of all contracts for work to be dona
_, for the City, sup6Nise all purctlases of
- materials and supplies, and assure that
such materials and supplies are r~ceived
and are of specified quality and charac-
ter.
(8) Supervise and manage all
public improvements, works and under-
takings of the City, and all City..owned
property including buildings, plants, ~ys-
terns, and enterprises, and have charge
of their construction, improvement, repair
and maintenance except where other-
wise provided by State law.
(9) Supervise the making and
preservation of all sUl;veys, maps,. pl.ans;
drawings, specificatio~s and estimates
for the City.
(10) Provide for the issuan7e
and revocation of licenses and permits
authorized by State law or City ordinance
and cause a record thereof to be main-
tained.
(11) Prepare and submit to
the Council the annual budgets in the
form prescribed by State law.
(12) Provide the Council an
itemized wrinen monthly financial report.
(13) Anend Council meetings
and keep the Council fully advised of ~e
financial and other conditions of the City
and its needs. .
(14) See that the business
affairs of the City are transacted in an effi.
cient manner and that accurate records
of all City business are maintained and
made available to the public, except as
otherwise provided by State law.
(15) Provide necessary and
reasonable clerical, research and profes-
sional assistance to Boards within limita-
tions of the budget.
(16) Perform such other and
further duties as the Council may direct.
12. Article V, entitled "Boards,
Commission and Comminees," Section I
5.02, entitled "Appointment; removal," is
hereby amended by repealing Section
5.02 in its entirety and adding the follow-
ing new Section 5.02: . \
The Council shall, subject to the require.
ments of State law, seek to provide broad
representation on all Boards. The Council
shall establish procedures to give at least
thirty days' notice of va~anci~s p~forf3;.
4~1I~'and"5hatFencourage.appll--
cations by citizens. Council procedures
for the removal of members shall be con-
sistent with State law.
13. Article V, entitled "Boards,
Commission and Committees,~ Section
5.03, entitled "Rules," is hereby amended
by repealing Paragraph A in its entirety \
and adding the following new Paragraph
A,
A. The Council shall establish rules and
procedures for the operation of all
Boards, which must include but are not
limited to, the adoption. of by.laws and
rules pertaining to open meeting~ and
open records,
~,os - '-+1 ~'2....
~.~
?~.
d-.~~
-- - ~-.
Obligation and Revenue Bonds.
(f) The letting of contracts.
(g) Salaries of City employ-
-~-14:-An:iCtevi, Qntitled ~Campaign
Contributions and Expenditures," Section
6.02, entitled ~Discfosure of contributions
and expenditures,. is hereby amended by
repealing Section 6.02 in its entirety and
adding the following new Section 6.02:
The Council, by ordinance, .may pre-
scribe procedures requiring the disclo-
sure of the amount, source and kind of
contributions received and expenditures
made by (1) each candidate for election
to Council and (2) any and all other per-
sons, for the purpose of aiding or secur-
ing the candidate's nomination or elec-
tion.
15. Article VI, entitled .Campaign
t Contributions. anctetpendltOres;.' Secllon
6.03, entitled "Definition," is hereby
amended by repealing Section 6.03 in its
J entirety and adding the following new
Section 6.03:
Within this article "contribution" shalf be
defined as that term is defined in Chapter
56 ("Campaign Finance.) of the Code of
Iowa.
16. Article VI, entitled "Campaign
Contributions and Expenditures,. Section
6.04, entitled .Violations," is hereby
amended by repealing Section 6.04 in its
entirety and adding the following' new
Section 6.04: .
The Council, by ordinance, shall pre- .
scribe: (1) penalties for the violation of the (
contribution limitations and disclosure
requirements it establishes pursuant to L
this section; and (2) when appropriate,
conditions for the revocation of a candi-
date's right to serve on Council if elected,
consistent with State law.
17. Article VII, entitled "Initiative and
Referendum," Section 7.01, entitled
"General provisions,. is hereby amended
by repealing Section 7.01 in its entirety \
and adding the following new Section ;
7.01: . I
A.Authority. . .
(1) Initiative. The qualified
electors have the right to propose meas-I
ures to the Council and, if the Council
fails to adopt a measure so proposed Ii
without any change in substance, to have .
the measure submitted to the voters at
an election. .
(2) Referendum. The qualified
electors have the right to require recon-
sideration by the Council of an existing
measure and, if the Council1ails to repeal
such measure, to have it submined to the
voters at an election.
(3) Definition. Within this arti-
cle, " measure" means all ordinances,
amendments, resolutions or motions of a I
legislative nature, however designated,
which (a) are of a permanent rather \han
temporary character and _ (b) include a
proposition enacting, amending or
repealing a new or existing' law, policy or
plan, as opposed to one providing for the
execution or administration of a law, poli-
cy or plan already enacted by Council.
B. Umitations.
(1) Subject matter. The right
of initiative and referendum shall not I
extend to any of the following: I
(a) Any measure of an execu.
tive or administrative nature. I
(b) The City budget.
(c) The .appropriation of \
I
I
I
ees.
(h) Any measure required to
be enacted by State or federal law.
(i) Amendments to this
Charter.
(j) Amendments affecting the
City Zoning Ordinance or the land use
maps of the Comprehensive Plan, includ-
ing the district plan maps.
(k) Public improvements sub-'
sequent to City Council action to author-
, Ize acquisition of property for that publiC
I improvement, or notice to bidders for that
I' public improvement, whichever occurs
earlier. "Public improvement" shall mean
any building or construction work.
(2) Resubmission. No initia-
tive or referendum petition shall be filed
, within two years after the same measure
or a measure substantially the same has
been' submined to the voters at an elec-
tion.
(3) Council repeal, amend-
ment and reenactment. No measure pro~
posed by initiative petition and adopted
by the vote of the Council without sub.
, mission to the voters, or adopted by the
I voters pursuant to this article, may for two
years thereafter be repealed or amended
except by a vote of the people, unless
provision is otherwise made in the origi-
nal initiative measure. No measure
referred by' referendum petition and
, repealed by the vote of the Council with-
out submission to the voters, or repealed
by the voters pursuant to this article, may
be reenacted for two years thereafter
except by vote of the people, unless pro-
vision is otherwise made in the Ofiginal
referendum petition.
C. Construction. .
(1) Scope of power. It is
intended that this article confer broad Ini-
tiative and referendum powers upon. the
qualified electors of the City. .
(2) Initiative. It is intended that
(a) no initiative petition will be invalid
because it repeals an existing measure
in whole or in part by virtue of proposing
a new measure and (b) an initiative peti-
tion may amend an existing measure.
(3) Referendum. It is intended
that a referendum petition may repeal a
measure in whole or in parI.
D. Effect of filing petition. The filing of an
initiative or referendum petition does not
suspend or invalidate any measure
under consideration. Such measure shall
remain in full force and effect until its
amendment or repeal by Council pur-
suant to Section 7.05A or until a majoritY
of the qualified electors voting on a
measure vote to repeal or amend the
measure and the vote is certified.
E. City obligations. An initiative or refer-
endum vote which repeals an existing
measure in whole or in part does not
affect any obligations entered into by the
City, its agenCies or any perso.n in
reliance on the measure dUring the time
It was In effect
18. Article VII, entitled "Initiative
and Referendum," Section 7.02, entitled
"Commencement of proceedings; afti.
davit," is hereby amended by repealing
Section 7.02 in its entirety and adding the
following new Section 7.02:
A. Commencement. One or more quali.
fied electors, hereinafter referred to as
the ~petitioners," may commence Initia-
tive or referendum proceedings by fiUng
with the City Clerk an affidavit stating
they will supervise the circulation of the "
petition and wlllE.~ponsible ~ fll~~g.~
money.
(d) The levy of taxes or spe-
cial assessments.
(e) The issuance of General
~. <:.IS;- -4(5 ~
~~
In proper form-;statirlg .th-eirnames and!
addresses and specifying the address t.o
which all relevant notices are to be .s~~t,
and setting out in full the proposed InItIa-
tive measure or citing the measure
sought to be reconsidered.
B AffidavIt The City Clerk shall accapl
the affidavit for. filing if on ,Its face it
appears to have signatures o~ one or
more qualified electors. The ~Ity Clerk
shall issue the appropriate petition form~
to the petitioners the same day ,the affi-
davit is accepted for filing. The City Clerk
c..o.shall-cause-to"be-prepared "and hav!'l
available to the public, forms and aftl.
I davits suitable for the commencem~n.t.of
proceedings and the preparation of Inltla-I
tive and referendum petitions.
19. Article VII, entitled Ulnitiative ,and I
Referendum,w . Section 7.03, entl~le.d.
wPetitions; revocation of signatures, . IS ,
hereby amended by repe~lIng "
Paragraphs B, C, and E in their entirety ,
and adding the following new Paragraphs :
B, C, and E: I
B. Form and content. All papers of a .
petition prepared for filing must be sub-
stantially uniform in size and style and
-must be assembled as one ins.trument.
Each person signing shall provide, and
the petition form shall provide space for,
the signature, printed name, address. of
the person signing and the date the sig-
nature is executed. The form shall also
provide space for the signer's birthdate,
but a failure to enter a birthdate sh~l1. not
invalidate a signer's signature. ~etl~ons
prepared for circulation must contam ~r
have attached thereto throughout their
circulation the full te~ of the m~asure
proposed or sought to be ,reconsidered.
The petition filed with the City Clerk need
have attached to it only one copy of the
measure being proposed or referred.
C. Affidavit of circulator. Each paper of a
petition containing s.lgnatures '!lus~ have
attached to it when flied an affl~aYlt exe-
cuted by a qualified elector certifying: the
number of signatures on the paper, that
he or she personally circulated it, that all
signatures were affixed in his or her pres-
ence, that he or she believes them to be
genuine signatures of the persons whose
names they purport to be and tha~ e~ch
signer had an opportunity before Slgnmg
to read the full text of the measure pro-
posed or sought to be ,rec~nsi?ered.. Any
person filing a false affIdaVit will be liable
to criminal penalties as provided by State
law. ,',.
E. Time for filing referendum. pe I I?n~.
Referendum petitions may be flied wlthm
sixty days after final adoption by th~
Council of the measure sought to be
reconsidered, or subsequently at ~ny
time more than two years after such final
adoption. The signatures on a r~feren-
dum petition must be ~ecured d.un~g the
sixty days after such fmal adoption, how-
ever, if the petition is filed more,than two
years after final adoption, the signatures
must be secured within six months after
the date the affidavit required under I
Section 7.02A was tiled. ...
20. Article VII, entitled wlnltlatlve .and I
Referendum," Section 7.04 entitled
wProcedure after filing," is hereby amend-
ed by repealing Paragraphs A, B, an~ C
in their entirety and adding the followmg
new Paragraphs A, B, and C:
A Certificate of City Clerk; amendm~nt.
Within twenty days after a petitio~ is fll~d
which contains the minimum reqUIred sig-
natures, as set forth in Section 7.03.A I
above, the City Clerk ~~al! compl~te a
certificate as to the petltJon s suffiCiency.
If the petition is insufficient, the ~Ierk s
certificate shall specify the p~rtlculars
wherein the petition is defective. The I
Clerk shall also promptly send a copy.of I
the certificateJoJhe.Detitioners.bY~
rterEj(fm~A petition 'certified insufficient....1
I may be amended once, provided, howev-
er, that one or more of the original peti-I
tioners fires a notice of intention to amend
. the original petition. Such notice must be
I filed with the City Clerk within two days
) after receiving a copy of the certificate,l
and the petitioner also must file a sUPPle-I
mentary petition upon additional papers
within fifteen days after receiving a copy\
) of such certificate. Such supplementary'
: petition shall comply with the require~
ments of subsections Band C of Section I
: 7.03. Within fifteen days after a supple-
; mentary petit,ion is filed, the City Clerk
I, shall complete a certificate as to the suf. i
ficiency of the petition, as amended and
.J supplemented, and shall promptly send a
'I copy of such cenificate to the petitioners '
by regIstered mail, as in the case of an
O'iiginal petition.ira petition or amended~
petition is certified sufficient, or if the peti-!
tion or amended petition is certified insuf-
ficient and one or more of the petitioners
do not request Council review under sub-
section B of this Section within the time
prescribed"the City Clerk shall promptly
present the certificate'to the Council.
B. Council review. If a petition has been
cenified insufficient by the City Clerk and
one or more of the petitioners do not file
notice of intention to amend it, or if an'
. amended petition has been certified
i insufficient by the City Clerk, one or more
of the petitioners may, within two days
after receiving a copy of such certificate,
file with the City Clerk a request that it'be
reviewed by the Council. The Council
shall review the certificate at its next
meeting following the filing of such a
request, but not later than thirty days after
the filing of the' request for review, and
shall rule upon the sufficiency of the peti-
tIon. .
C. Court review.Xo the extent allowed by
law, Court review of the Council's actions
shall be by writ of certiorari.
21. Article VII, entitled "Initiative and
Referendum," Section 7.05, entitled
"Action on petitions," is hereby amended
by repealing Section 7.05 in its entir~ty
and adding the following new Section
7.05: .
A. Action by council. When an initiative
or referendum petition has been deter-
mined sufficient, the Council shat!
promptly consider the proposed initiative
measure or reconsider the referred
measure. If the Council fails to .ado~t a
proposed initiative measure and fails to
adopt a measure which is similar in sub:
stance within sixty days, or if the CounCil
falls to repeal the referred measure with-
in thirty days after the date the petition
was finally determined sufficient, it shall
submit the proposed or referred measure
to the qualified ejectors of the city as
hereinafter prescribed. If at any time'
more than thirty days before a scheduled
initiative or referendum election the
Council adopts the proposed initiative
measure or adopts a measure which is
similar in substance or if the Council
repeals a referred measure, the initiative
or referendum proceedings shall termi-
nate and the proposed or referred meas-
ure shall not be submitted to the voters. '
B. Submission to voters.
. (1) Initiative. The vote of the:
City on a proposed measure shall be
held at the regular city election or at the
general election Which next occurs more
than forty days after the expiration of the
sixty day period provided for considera-,
tion in Section 7.05A, provided that the
iniliative petition was filed no Jess than
110 days prior to the deadline imposed I
by state law for the submission of ballot
questions to the Commissioner of,
Elections.
\(~. 3~ If
.- ......- '-'(2fReterendum. The vote;of
the City on a referred measure shall 'be
held at the regular city election or at the
general election which next occurs more
.than forty days after the expiration of the
thirty~day period provided for reconsider-
ation in Section 7.05A, provided that the
referendum petition was filed no less than
80 days prior to the deadline imposed by
state law for the submission of ballot,
questions to the Commissioner of
Elections. The Council may provide for a
special referendum election on a referred
measure any time more than 120 days
after the filing of the referendum petition
with the City Clerk.
C. Ballot Copies of the proposed or
referred measure shall be made avail-
able to the qualified electors at the polls
and shall be' advertised at the' city's
expense il"l the manner required for
"questions" in Section 376.5 of the Iowa
Code. The subject matter and purpose of
the referred or proposed measure shall
be indicated on the ballot.
22. Article VII, entitled "Initiative and'
Referendum," Section 7.06, entitled
"Results of election," is hereby amended
by repealing Section '7.06 in its entirety
and adding the following new Section
706;0-"- - -----
A. Initiative. If a majority of the qualified
electors voting on a proposed initiative
measure vote in its favor, it shall be con-
sidered adopted upon certification of the
election results. The adopted measure
shall be treated in aJl' respects in the
. same manner as measures of the same
kind adopted by the Council, except as
provided in Section 7.01B(3).lf conflicting:
measures are approved by majority vote
at the_ same election, the one receiving,
the greatest number of affirmative vo~es.
shall prevail to the extent of such conflict. .
B. Referendum. It a majority of the qual-
ified electors voting on a referred meas-'
ure vote in favor of repealing the meas-
ure, it shall be considered repealed upon
certification of the election results.
23. Article VIII, entitled "Charter
Amendments and Review," Section 8.01,
entitled "Charter amendments," is hereby
amended by repealing Section 8.01 in its
elltirety and adding the following new
Section 8.01:
This Charter may be amended only"by ,
one of the following methods:
A. The Council, by resolution, may sub-
mit a proposed amendment to the voters
at a special city election, and the pro-
posed amendment becomes effective
when approved by a majority of those vot-
ing. . - -
B. The Council, by ordinance, may
amend the Charter. However, within thirty
(30) days of publication of the ordinance,
if a petition valid under the provisi.on~ of I
section 362.4 of the Code of Iowa IS filed'
with the council, the Council must submit'
the amending ordinance to the voters at a
special city election, and the amendment
does not become effective until approved
by a majority of those voting. . . '
C. If a petition valid under the prOVISions'
of section 362.4 of the Code of Iowa is
filed with the Council proposing an
amendment to the Charter, the Council
must submit the proposed amendment to
the.voters at a special city election, and
the amendment becomes effective jf
approved by a majority of those voting.
24. Article VIII, entitled "Charter
Amendments and Review," Section 8.02,
entitled "Charter review commission," is
hereby amended by repealing Sectiory
8.02 in its entirety and adding the follow-
ing new Section 8.02:
The Council, using the procedures pre-
scribed in Article V, shall establish a
Charter Review Commission at least
! once every ten years following the effec-
.-1Lye-..:date_o!_!Djs_Charter. The
~.
Os- -LHS~
C?J' ~ '\ i
-Commission, consisting of at least nine;
members, shall review the existing'
Charter and may. within twelve months i
recommend any Charter amendments
that it deems fit. to the Council. The .
Council shalf either exercise its power of
amendment pursuant to Section 8.01 B of
the Charter on a matter recommended by
the Commission or submit such amend-
ments to the voters in the tarm prescribed
by the Commission, and an amendment
becomes effective when approved by a
majority of those voting. .
SECTION II. REPEALER. All ordj-
II nances and parts of ordinances in conflict I.
with the provision of this Ordinance are ';
r nereby repealed. .:
SECTION 111 SEVERABILITY. If any:
I section, provision or part of the r
Ordinance shall be adjudged to be invalid I
or unconstitutional, such adjudication I
shall not affect the validity of the
Ordinance as a whole or any section, pro.
vision or part 1hereo1 not adjudged invalid I
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 1 st day of i
March, 2005.
slErnest W. Lehman, Mayor I
slMarian K. Karr, City Clerk
57279 March 7, 2005 I
,
,
I
I ~ 1
-....:. -ilia'...
:f~ji~'"!.
~"'~~IIII"
......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4153
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
22nd day of March, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on March 30th, 2005.
Dated at Iowa City, Iowa, this 9th day of May, 2005.
...... ..:.
~- \<. ~~~ ~-
. Voparil
Deputy City Clerk
~,
'-
Printer's Fee $ (pq. S;;l
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper .J time(s), on the
j}0wing date(s):
(] ('{~ ~OJ ;1.t)(j &)
-
~
Legal Clerk
Subscribed and sworn to before me
this j ""'*. day of +" I
A.D. 20 05
~71j~ Notary Public
'0 LINDA KROTZ
@ Commission Number 732619
. . My Commission Expires
January 27, 2008
II
OFFICIAL PUBLICATION
ORDINANCE NO. 054153
AN ORDINANCE AMENDING THE
ZONING CODE, SECTION 14-6.()
SIGN REGULATIONS, TO PERMIT
ELECTRONIC CHANGEABLE COPY
SIGNS IN THE COMMUNITY
COMMERCIAL (CC-2), HIGHWAY
COMMERCIAL (CH-l) AND INTEN-
SIVE COMMERCIAL (CI-l) ZONES.
1 WHEREAS, the City Code currently
,allow signs where the copy is changed
manually, but not electronically; and
I WHEREAS, allowing electronic change-
l~- able copy signs will provide greater flexi-
I bility and convenience for the property
'owner; and
II WHEREAS, electronic changeable copy
signs are currently considered "animat-
ed" signs; and
I WHEREAS, animated signs are current-
ly prohibited due to concerns about
bright, flashing, scrolling, or moving
I images or text being distracting to drivers
'J atong public streets and causing undue
I sign clutter; and
WHEREAS, placing restrictions on elec-
I tronic changeable copy signs with regard
Ita location, brigh1ness, and animation will
; reduce the potential negative impacts on
safety and aesthetics along public
: streets_
1 NOW, THEREFORE, BE IT ORDAINED
j BY THE CITY COUNCIL OF THE CITY
. OF IOWA CITY. IOWA:
SECTION I APPROVAL' City Code Title
'14, Chapter 6, Zoning; Article 0, Sign
Regulations; Sectiol'\ 2, Definitiol'\s be-
l amended to replace the existing defini-
. tions of "Animated Sign," "Changeable
,Copy Sign," and "Time and Temperature
Sign" with the following definitions:
ANIMATED SIGN: Any sign or part of a
sigl'\ which, through t.he use of moving
structural elements, flashing or sequen-
tial lights, lighting elements, or other
-automated method, results in movement,
lor the appearance of movemel'\t.
1 CHANGEABLE COPY/CHANGEABLE
lCOPY SIGN: A sign, or part of a sign,
such as a reader board, where the copy
is easily changed manually or by elec-
)ronic means, but is not animated.
i TIME AND TEMPERATURE SIGN: An
iidentification sign that shows the current I
time and temperature in an electronic dig- !
ital format in a manner similar to that illus-
trated below. At least 40 percent of each
sign face shall be devoted to the display
of time and temperature. For purposes of
this Title, a Time and Temperature Sign is
not considered a changeable copy sign.
City Code Title 14, Chapter 6, Zoning;
Article 0, Sign Regulations, Section 4,
Permitted Signs in all Zones; Subsection
B, Signs Requiring a Permit, Paragraph 1
be amended to replace the existing text
with the text that follows:
1. Changeable Copy Signs:
a. Any sign may contain copy that is
changed manually. Such signs shall be
installed in accordance with the dimen-
sional requirements of the zone in which
the sign is located.
: b. Signs where !he copy is changed by 'IJ.. '
electronic means are only allowed as
, specified below: ,
. 1). The sign must be located in a CC-2,
-; CH-1, orCI-1 Zone, but may not be locat-
ed within 100 feet of a Residential Zone.
2). Electronic changeable copy is
allowed on only one sign per lot.
, 3). The changeable copy may not be ani-
mated. The copy may be changed nO
1 more than once per hour.
4). The sign may not contain images or
, be of a brightness that will interfere with,
, obstruct the view of, or confuse traffic.
The sign may not contain images that
. may be confused with any authorized
traffic sign, signal or device. The sign
may not make use of the words, "stop,"
"go slow," "caution," "drive in," "danger,"
lor any other word, phrase, symbol or
~
,
: character -iilSi.K:hawayas -tb-Interfe-re -~-
I with, mislead. or confuse traffic.
I 5). The sign must comply with the illumi-
nation standards as specified in subsec-
'tion 14-60-70.
i 6). Electronic changeable copy is only
allowed on freestanding signs and free-
standing, wide-base signs, which must
be installed in accordance with the
dimensional requirements of the zone in
which the sign Is located.
7). The electronic changeable copy por-
tion of the sign may not exceed 40 per-
Icent of the area of the sign face.
I City Code Title 14, Chapter 6, Zoning;
IArticl6 0, Sign Regulations, Section 7,
Additional Regulations, Subsection 0,
Illuminated Signs be amended to add the
'following paragraphs:
I 5. Illumination through the use of LEOs is
'allowed only as specified for electronic
I changeable copy. All signs using LEOs
i must have installed ambient light moni-
f tors tMt automatically adjust the bright-
ness level of the electronic sign based on
, ambIent light conditions. At no time shall
'the sign be operated at a brightness level
greater than the manufacturer's recom-
mended levels.
. 6 . Any electronic changeable copy must
,be monochromatic_ The sign must utilize
,a dark background with only the message
,or Image lit in a single color.
7. Permit applIcation for electronic
changeable copy signs must include a
copy of the manufacturer's operating
manual, Including any recommended
standards for brightness and other dIs-
play operations. .
8. For electronic changeable copy signs,
whether the sign is programrned from the I
site or from a remote location, the com-
puter interface that programs the sign
shall be made available to the Building
Official, or designee, for inspection upon
request. If the computer interface is not
Immediately available, the sign shall
cease operation until such program can
be provIded.
SECTION V REPEALER All ordinances
and parts of ordinances in conflict with
the provisions of this Ordinance are here.
by repealed.
SECTION VI 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, pro- I
, vision or part thereof not ad)udged Invalid
I or unconsti-tutional.
SECTION VII EFFECTIVE DATE. This
I Ordi-nance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and approved this 22nd day of
, March, 2005.
~ stErnest W. Lehman, Mayor
I Attest: slMarian K. Karr, City Clerk
I ~1789 March 30, 2005
'---------~~~--_.- ..-.'
I ~ 1
!~~~tr.
....;;:..;,,~~IIII.'
........~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356,5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4154
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
22nd day of March, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on March 30th, 2005,
Dated at Iowa City, Iowa, this 9th day of May, 2005.
\.:::)
~".~~~~-
Ju I . oparil
Deputy City Clerk
,
.
Printer's Fee $ ;; I D. (n)
CERTIFICATE OF PUBUCATlON
STATE OF IOWA.
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper 1 time(s), on the
following date(s):
ffi(J..)('J... 3r)} /)..OM
Legal Clerk.
Subscribed and sworn to before me
this 3cJI-A day of }fla".d-
A.D. 20 () ,
~d
~Notary Public
, ':I UNDA KROTZ
I If ~ CommIssIon Number 73261 D
. .. My COuuulsslcH I Explre3
I ow January ZT, 2008
.
~.o~--4(S-~
r ~ --",.- -~._-.-.""-"",,
, ORDINANCE NO. 05-4154 I
I AN ORDINANCE AMENDING mLE 14
ENTITLED "UNIFIED DEVELOPMENT
CODE;' CHAPTER 3. "CITY UTILITIES;'
ARTIClE G, "STORMWATER COlLEC-
TION, DISCHARGE AND RUNOFF," TO
CREATE AN ILLICIT
DISCHARGE AND CONNECTION _ ,
STORMWATER ORDINANCE,
WHEREAS, the City of Iowa City, since
its incorporation, has constructed a
stormwater Infrastructure with point
source and non-point source discharges
into the Iowa River and the six major
creeks; and
WHEREAS, the City stormwater infra.
structure carries stormwater runoff either I
directly or indirectly from properties with-
in the City to the Iowa River; and
WHEREAS, the Iowa River, the major
creeks, and the City's stormwater infra-
structure are available for stormwater and
ground water discharges; and
WHEREAS; the City incurs costs to
monitor, maintain, replace, and improve
its stormwater infrastructure; and
WHEREAS, the City is now required to
have a national pollutant discharge elimi-
nation system (NPDES) permit to operate
and maintain its stormwater infrastructure
and to otherwise protect the waters of the
Iowa River and the six major creeks; and
WHEf:lEAS, federal law and the City's
NPDES permit require that the City adopt
an lIIidt Discharge Prohibition Ordinance
that prohibits anything other than
stormwater, allowable non-stormwater
j and pollutants for which an NPDES p~r-
. mit has been issued and when the dls-
(charge is in compliance with the permit
. from entering the City's stormwater sys-
, tem; and
WHEREAS, the City now desir,es an
i 11lfelt Discharge Prohibition Ordinance.
NOW, THEREFORE, BE IT ORDAINED
1 BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I. That Title 14, Chapter 3,
City Utilities, Article G of the Code of
Ordinances of the City of Iowa City, Iowa
is hereby amended by adding the follow-
ing Section 14-3G-11, entitled "Illicit
: Discharge and Connection Stormwater
Ordinancen:
. 14-3G-11 ILLICIT DISCHARGE AND
CONNECTION STORMWATER ORDI.
NANCE
A. Puroose and Intent.
The purpose of this ordinance is to pro-
vide for the health, safety, and general
welfare of the citizens of the City of Iowa
City and the state of Iowa through the
regulation of non-stormwater discharges
to the storm drainage system to the max-
I imum extent practicable as required by
federal and state law. This ordinance f
I establishes methods for controlling the
introduction of pollutants into the municj-
pal separate storm sewer system (MS4)
in order to comply with requirements of
the National 'Pollutant Discharge
I Elimination System (NPDES) permit
process.
rhe objectives of this ordinance are:
(1) To regulate the contribution of pollu-
tants to the municipal separate storm
sewer system (MS4) by stormwater dis-
charges by any user
. (2) To prohibit Illicit Connections and
. Discharges to the municipal separate
I storm sewer system
I (3) To establish legal authority to carry
. out all inspection, surveillance and moni-
I toring procedures necessary to ensure
compliance with this ordinance
I B Definitions
. For the purposes of this ordinance, the
~ following shall mean: .
Authorized Enforcement Aaencv. employ- ;
ees or designees of the director of the
Iowa City Public Works Department. I
Best Management Practices (BMPs):
schedules of activities, prohibitions of
practices, general good house keeping
_practices,-,::!ollut~n prevention and edu-
<s j'
',\3
~cational practices, maintenance -proc8='
I dures, and other management practices
" to prevent or reduce the discharge'of pol-
lutants directly or indirectly to stormwater,
receiving waters, or stormwater con-
veyance systems. BMPs also include I
treatment practices, operating proce-
dures, and practices to control site ~unoff,
\., spillage or leaks, sludge or water dlspos- i
I ai, or drainage from raw materials stor-
I age.
tClean Water Act. The federal Water
'Pollution Control Act (33 U.S.C.' 1251 et .
'seq.), and any subsequent amendments
'the~to. . l
Construction Activitv. Activities subject to ~
NPDES Construction Permits. These ,
~ include construction projects resulting in
I land disturbance of equal to or greater
than the threshold established by NPDES
I permit. Such activities includ~ but a~ .not. .
'limited to clearing and grubbmg, gradmg, .
excavating, and demolition.
I Discharae' The release of water and any
. elements, compounds and particles con-
tained within or upOl"\, from property
lowned or controlled by a person. .
IHazardous Materials' Any matenal,
including any substance, waste, or com-
bination thereof, which because of its
quantity, concentration, or phy~ic.al,
chemical, or infectious charac.tsflstlcs
may cause, or slgnificantly'co~tnbute to,
a substantial present or potential hazard
to human health, safety, property, or the
environment when improperly treated,
stored, transported, disposed of, or other-
wise managed. . .
IlIeaal Discharae. Any direct or Indirect
non-stormwater discharge to the storm
drainage system, except as exempted
this ordinance. . .
Illicit Connections. An illicit c~nnection IS
defined as either of the followmg:
AnY drain or conveyance, whether on the
surface or subsurface, which allows an
illegal discharg~ to ~nter the ~t?rm
drainage system Includmg but not limited
to any conveyances which allow any non-
stormwater discharge including sewage,
process wastewater, and wash water to
: enter the storm drainage system and any
connections to the storm drainage sys-
tem from indoor drains and sinks that are
,located under roof with walls and not sub- i
ject to stormwater runoff, regar~less of I
whether said drain or connection had
, been previously allowed, permitted, or
, approved by an authorized enforcement
agency or;
Any drain or conveyance connected from
a commercial or industrial land use to the
storm drainage system which has not
been documented in plans, maps, or
equivalent records and approved by an
authorized enforcement agency or
NPDES permit. . .
Industrial Activitv. Activities subject ~o
NPDES Industrial Permits as defined In
40 CFR, Section 122.26 (b)(14), as
amended, .
National Pollutant Discharae ~Ii~ination
Svstem INPDES) Stormwater Dlscharoe
Eermit.means a permit issued by EPA (or
by a State under authority delegated p~r-
suant to 33 use' 1342(b)) that authonz~
es the discharge of pollutants to wate~?f
the United States, whether the permit IS
applicable on an individual, group, or
general area-wide basis. .
I Non_Stormwater Discharae. Any diS-
charge to the storm drainage system that
is not composed entirely of stormwater or .
groundwater. .
Person: means any individual, assOCla.
tion organization, pattnership, firm, cor-
po~tion or other entity recognized by law
and acting as either the owner or as the
'I owner's agent.
,~Anything which causes or con-
'tributes to pollution. Polluta~ts may
, include, but are not limited to: paints, var-
'nishes, and solvents; 011 and o~he~ auto-
J]Qtive.f1Llids; non-hazardous Ilqu~
scilid_Was.tes.-aml.yaid_wastes;.o.refus8,
rubbish, 'garbage, litter, or other discard- -1
. ed or abandoned objects, ordinances,
and accumulations, so that same may
cause or contribute to pollution; floata-
bles; pesticides, herbicides, and fertiliz-
ers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; \
dissolved and particulate metals; animal' i
~ wastes; wastes and residues that result
from constructing a building or structure; i
and noxious or offensive matter of any
kind. \
,~ Any building, lot, parcel of
I land, or portion of land whether improved
'or unimproved including adjacent side-
I walks and parking strips. .
'Storm Drainaae Svstem; Publicly-owned
, or maintained facilities by' which stormwa-
:' ter is collected and/or conveyed, includ-
ing but, not limited to any roads with
i drainage systems, municipal streets, gut-
ters, curbs, inlets, piped storm drains,
pumping facilities, retention and deten-
tion basins, natural and human-made or
laltered drainage channels, reservoirs,
and other drainage structures.
Stormwater' Any surface flow, runoff, and
,drainage consisting entirely of water from
iany form of natural precipitation, and
!resulting from such precipitation.
'Stormwater Pollution Prevention Plan
!.I.SW.Efl; A document which describes
;the Best Management Practices and
iactivities to be implemented by a person
lor business to identify sources of pollu-
tion or contamination at a site and the
~ actions to eliminate or reduce pollutant
Idischarges .to Stormwater, Stormwater
! Conveyance Systems, and/or Receiving
;Waters to the Maximum Extent
Practicable.
Wastewater: means any water or other
liquid, other than uncontaminated
: stormwater, discharged from a facility.
'Watercourse: A natural overland route
,through which water passes, including
drainage courses, streams, creeks, and
rivers.
,C Aoolicabilitv
. This ordinance shall apply to all water
entering the storm drainage system gen-
erated on any developed and undevel-
oped lands unless explicitly exempted by
the authorized enforcement agency.
D. Resoonsibilitv and Administration.
The authorized enforcement agency
shall administer, implement, and enforce
the provisions of this ordinance. Any pow-
ers granted or duties imposed upon the
authorized enforcement agency may be
delegated in writing by the Director of the
authorized enforcement agency to per-
I sons or entities acting in the beneficial
1 interest of or in the employ of the agency.
E Severabilitv
! The provisions of this ordinance are here-
, by declared to be severable. If any provi-
sion, clause, sentence, or paragraph of
this Ordinance or the application thereof
to any person, establishment, or circum-
, stances shall be held invalid, such inva-
; lidity shall not affect the other provisions
or application of this Ordinance.
I F. Ultimate Resoom.ibilitv
I The standards set forth herein and prom-
ulgated pursuant to this ordinance are
minimum standards; therefore this ordi-
nance does not intend nor imply that _
compliance by any person will ensure i
that there will be no contamination, poilu- '
tion, nor unauthorized discharge of poilu- I
tants. I
G Discharne Prohibitions
, Prohibition of Illegal Discharges.
No person shall discharge or cause to be :
discharged into the municipal storm'
drainage system or watercourses any
materials, including but not limited to pol.
lutants or waters containing any pollu-
tants that cause or contribute to a viola-
I tion of applicable water quality standards,
, other than stormwater.
The commencement, conduct or contin-
I uance of any illegal discharge to the '
'storm drainage system is prohibited
~, ~\:3
~ .05 -4lSu
\. -\
~~'
, except as described as follows: '
J 1. The following discharges are exempt
from discharge prohibitions established
by this ordinance: water line flushing or
other potable water sources, landscape
irrigation or lawn watering, diverted
stream flows, rising ground water, ground
water infiltration to storm drains unconta-
minated pumped ground water, founda-
tion or footing drains (not including active
groundwater'dewatering systems), crawl
space pumps, air conditioning condensa-
tion, springs, non-commercial washing of
vehicles, concrete truck washout, natural
riparian habitat or wet-land flows, swim-
ming pools (if dechlorinated - typically
less than one PPM chlorine), fire fighting
activities, exterior building washwaters
when no detergent or other suTfactants
are used, pavement washwaters where
no spills or leaks of toxic or hazardous
materials have occurred and when no
detergents or other surfactants are used
and any other water source not contain~
ing Pollutants. I .
2. Discharges specified in writing by the
authorized enforcement agency as being
necessary to protect publiC health and
safety. .
3. Dye testing is an allowable dis.
charge, but requires a verbal notification
to the authorized enforcement agency
prior to the time of the test.
4. The prohibition shall not apply to any'
non.stormwater discharge permitted
under an NPDES permit, waiver, or waste
discharge order issued to the discharger
and administered under the authority of
the Federal Environmental Protection
Agency or Iowa Department of Natural
Resources, provided that the discharger
is in full compliance with all requirements
of the permit, waiver, or order and other
applicable laws and regulations, and pro--
vided that written approval has been
granted for any discharge to the storm
drainage system. '
5. Discharges from University of Iowa
property or facilities covered by the
University of Iowa's NPDES permit.
Prohibition of Illicit Connections
1. The construction, use, maintenance
or continued existence of illicit connec-
tions to the storm drainage system is pro-
hibited.
2. This prohibition expressly includes,
without limitation, illicit connections made
. in the ,past, regardless of whether the
connection was permissible under law or
practices applicable or preVailing at the
time of connection.
3. A person is considered to be In vio--
lation of this ordinance if the person con-
nects a line conveying sewage to the
MS4, or allows such a connection to con-
tinue.
H SlI!'lDAnsion of MS4 Access
Suspension due to Illicit Discharges in
Emergency Situations
The authorized enforcement agency may
without prior notice, suspend MS4 dis~
charge access to a person when such
suspension is necessary to stop an actu-
al or threatened discharge which pres-
ents or may present imminent and sub-
stantial danger to the environment, or to
the health or welfare of persons, or to the
MS4 or Waters of the United States. If the
violator fails to comply with a suspension
order issued in an emergency, the author-
I ized enforcement agency may take such
, steps as deemed necessary to prevent or
L minimiZe damage to the MS4 or Waters
of the United States, or to minimiZe dan- ~
ger to persons. . .
SusDension due to the Detection of Illicit I
Oischarae
Any person discharging to the MS4 in
violation of this ordinance may have their I
MS4 access terminated if such termina-
tion would abate or reduce an illicit dis-
charge. The authorized enforcement
agency will notify a violator of the pro-
posed termination of its MS4 access. A
~~ p~rson.commits,an offenseJf.the,person......
I reinstates MS4 access to premises termi-
, nated p~rs~'!.n~o this ~~on, without
o'-the 'prlor' -approval-of - the-- authorized-
enforcement agency.
I Industrial or Construction Activitv
Discharaes
Any person subject to an industrial or
construction activity NPDES Iowa
Department of Natural Resources
stormwater discharge permit shall com-
ply with all provisions of such permil.
Proof of compliance with said permit may
be required in a form acceptable to the
authorized enforcement agency prior to
the allowing of discharges to the MS4. I
1. Notice of Intent (NOI) ;
?ubm.ittal. The operator of a facility,
including construction sites, required to
have an NPDES permit to discharge
stormwate~ associated'with such activity,
shall submit a copy of the Notice of Intent
(NOI) to the authorized enforcement
agen~ at the same time the operator
submits the original (NOI) to the Iowa
Department of Natural Resources (IDNR)
and EPA as applicable. The copy of the
Notice of Intent may be delivered to the
I authorized enforcement agency either In
person or by mailing to:
NOI to Discharge Stormwater
City, Hall - Engineering Division
410 E. Washington St.
Iowa City, lA 52240
2. Notice of Intent (NOI)
Offense. A person commits an offense if
the person operates a facility that is dis-
charging stormwater with industrial or
construction activity without having sub-
mitted a copy of the Notice of Intent to do
so to the authorized enforcement agency.
J Comoliance Monitorinn
1 Aoolicabilitv
This section applies to all facilities that
have stormwater discharges associated
with industrial or construction activity.
2 Access to Facilities.
(a) The authorized enforcement agency
shall be permitted to enter and inspect
facilities subject to regulation under this
ordinance as often as may be necessary
to determine compliance with this ordi-
nanc~. If a discharger: has security meas-
ures rn force which require proper identi-
fication and clearance before entry into
Its premises. the discharger shall make
the necessary arrangements to allow
access to representatives of the author-
ized enforcement agency.
(b) Facility operators shall allow the
authorized enforcement agency ready
access to all parts of the premises for the
purposes of inspection, sampling, exami-
nation and copying of records that must
be kept under the conditions of an
NPDES permit to discharge stormwater,
and the performance of any additional
duties as defined by state and federal
law.
(c) The authorized enforcement agency
shall have the right to set up on any per-
mitted facility such devices as are neces-
sary in the opinion' of the authorized
enforcement agency to conduct monitor-
ing and/or sampling of the facility's
stormwater discharge.
(d) The authorized enforcement agency
has the right to require the discharger to
install monitoring equipment as neces-
sary. The facility's sampling and monitor-
ing equipment shall be maintained at all
ti~es in a safe and proper operating con-
dItion by the discharger at its own
expense. All devices used to measure
stormwater flow and Quality shall be cali-
brated to ensure their accuracy.
(e) Any temporary or permanent obstruc-
tion to safe and easy access to the facili-
ty to be inspected and/or sampled shall
be promptly removed by the operator at
the written or oral request of the author-
ized enforcement agency and shall not be
replaced. The costs of clearing such ,
access shall be borne by the operator.
(f) Unreasonable delays in allowing the
authorized enforcement agency access
to a permitted facility is a violation of this
L. ordinance. A person who is the operator
~,cS -,-"s~
~
:i):..1t,. 0. _. .
-v.z~~
~
L
of a facility with a NPDES permit to dis. \
charge stormwater associated with I
industrial activity commits an offense if I
the person denies the authorized I
enforcement agency reasonable access
to the permitted facility fOf the purpose of ;
conducting any activity authorized or
required by this ordinance.
(g) If the authorized enforcement agency
has been refused access to any part of
the premises from which stormwater is ,
discharged, and he/she is able to demon- I
strate probable cause to believe that
there may be a violation of this ordinance,
or that there is a need to inspect and/or I
sample as part of a routine inspection
and sampling program designed to verify
compliance with this ordinance or any
order issued hereunder, or to protect the
overall public health, safety, and welfare
of the community, then the authorized
enforcement agency may seek issuance I
of a search warrant from any court of '
competent jurisdiction.
K. Use of Best Management Practices.
Authorized enforcement agency will
adopt requirements identifying Best
Management Practices for any activity,
operation, or facility which may cause or
contribute to pollution or contamination of
stormwater, the storm drainage system,
or waters of the U.S. The owner or opera- ,
tor of a commercial or industrial estab-
lishment shall provide, at their own
expense, reasonable protection from
accidental discharge of prohibited materi-
als or other wastes into the municipal
storm drainage system or watercourses
through the use of these structural and!
non-structural BMPs. Further, any owner, '
operator, tenant, or person responsible,
for a property or premise, which is, or
may be, the source of an illicit discharge,
may be required. to implement, at said
person's expense, additional structural
and non-structural BMPs to prevent the (
further discharge of pollutants to the ~
municipal separate storm sewer system.
Compliance with all terms and conditions
of a valid NPDES permit authorizing the
discharge of stormwater associated with
industrial activity, to the extent practica-
ble, shall be deemed compliance with the
provisions of this section. These BMPs
shall be part of a stormwater pollution
prevention plan (SWPP) as necessary for
compliance with requirements of the
NPOES permit.
L. Watercourse Protection.
Every person owning property through
which a watercourse passes, or such per-
son's lessee, shall keep and maintain that I
part of the watercourse within the proper-
ty free of trash, debris, excessive vegeta-
tion, and other obstacles that would pol-
lute, contaminate, or significantly retard
the flow of water through the water-
course. In addition, the owner or lessee
shall maintain existing privately owned
structures within or adjacent to a water-
course, so that such structures will not
become a hazard to the use, function, or
physical integrity of the watercourse. '
M Notification of Soills
Notwithstanding other requirements of!
law, as soon as any person responsible I
for a facility or operation, or responsible
for emergency response for a facility or
operation has information of any known
or suspected release of materials which
are resulting or may result in illegal dis-
charges or pollutants discharging into
stormwater, the storm drainage system,
or water of the U.S. said person shall take i
all necessary steps to ensure the discov- '
ery, containment, and cleanup of such
release. In the event of such a release of
hazardous materials said person shall
immediately notify emergency response
agencies of the OlXurrence via emer-
gency dispatch services. In the event of a
release of non-hazardous materials, said
person shall notify the authorized'
enforcement agency in person or by
,,-phon~or_facsimile.no..tatef_tRan_th&:.next.
business day. Notifications in person or',
~ phone shall be confirmed by written}
r-notice adaressed-a.-r,(j-mailed-t6. the-
authorized enforcement agency within
three bu.siness days of the phone notice. '
If the discharge of prohibited materials
emanates from a commercial or industri- I
, al establish~ent, the owner or operator of
such establishment shall also retain an
on-site wri~en record of the discharge
and the actions taken to prevent its recur- I
rence. Such records shall be retained for j
at least three years. '.
N Enforcement
Whenever the authorized enforcement
agency finds that a person has violated a
prohibition or failed to meet a require-
ment of ~his Ordinance, the authorized
enforceme~t agency may order compli-
ance by written notice of violation to the
responsible person. Such notice may
require without limitation:
1. The performance of monitoring
analyses, and reporting; ,
2. The elimination of illicit connections or
discharges;
3. That. violating discharges, practices,
or operatIons shalf cease and desist;
4. The abatement or remediation of
stormwater pollution or contamination'
I hazards and the restoration of any affect-
ed property; and
5. The implementation of source control
or treatment BMPs.
If abatement of a violation andlor restora.
tio~ of affected property is required, the
notice shall set forth a deadline within
which such remediation or restoration
must be completed.
o Iniunctive Relief
It shall be unlawful for any person to vio-
late any proviSion or fail to comply with
any of the requirements of this
Ordinance. If a persoll has violated or
continues to violate the provisions of this
ordinance, the authorized enforcement
agency may petition for a preliminary or
permanent injunction restraining the per-
son from activities which would create
further violations or compelling the per-
son to perform abatement or remediation
of the violation.
P. Violations Deemed 8 Public Nuisance
In addition to the enforcement processes
and penalties provided, any condition
caused or permitted to exist in violation of
I any of the provisions of this Ordinance is
a threat to public health, safety; and wel-
fare, and is declared and deemed a pub-
lic nuisance, and may be summarily abat-
ed or restored in accordance with appli-
cable law, and/or a civil action to abate
enjoin, or otherwise compel the cessatio~
of such nuisance may be taken.
Q Violations and Penalties
Violation of this Illicit Discharge and
Connection Stormwater Ordinance shall
be punishable as a municipal infraction or
environmental infraction as provided for
in subsection 1-4-20 of the city code.
R Remedies Not Exclusive
The remedies listed in this ordinance are
not exclusive of any other remedies avail-
able under any applicable federal, state
or local law and it is within the discretion
of the authorized enforcement agency to
seek cumulative remedies.
SECTION II REPEALER All ordi-
nances and parts of ordinances in conflict
with the provi-sions of this Ordinance are
hereby repealed.
SECTION III SEVERABILITY: If any
section, provj-sion or part of the
I Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication
sha!l not affect the validity of the
~r?lnance as a whole or any section, pro-
vIsion or part thereof not adjudged invalid
I or unconsti-tutional.
, SEC?TION IV EFFECTIVE DATE This
Ordl-nance shall be in effect after its final
passage, approv-al and publication.
Passed and- approved this 22nd day of
March, 2005.
stErnest W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk
61790 March 30. 2005
~J' 3"\;$'
I ~ 1
~~~~tr.
"'-~"IIII"
....~
CITY OF IOWA CITY
410 East Washington Street
Jowa Cily. lowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
f, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4155
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
5th day of April, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on April 13th, 2005.
Dated at Iowa City, Iowa, this 9th day of May, 2005.
~ ~
. . \~\\~
Ju I . oparil
Deputy City Clerk
'-
Printer's fee S ;J 4 q d-
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I, DI k "-..L ~/
I i( d!l Klotz, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper I time(s), on the
following date(s):
_~.riLJ~..J ~)Q ')
C~J1 vq ~YJtcoJ ;.x-/
Legal Clerk
Subscribed and sworn to before me
this 13..j+.. day of ~;J
A.D. 20 0<;-
/~~
Notary Public
LlNDAKROlZ
~ c......:bd .,tIu\'IIb8I'~8
. . MyComm_
January :0. 200R .
r
I
OFFICIAL PUBLICATION
ORDINANCE NO. 05-<\155
AN ORDINANCE VACATING UNIM-
PROVED DANE ROAD, NORTH OF
MORMON TREK BOULEVARD
WHEREAS, as part of the extension of
1 Mormon Trek Boulevard, a segment of
Dane Road pavement was removed; and
~WHEREAS, the property containing this
segment of the Dane Road right-ot-way
, easement is proposed to be platted and
I developed; and
WHEREAS, telephone and gas utilities
are remaining and easements will need
to be created for said utilities; and
WHEREAS. this segment of Dane Road,
proposed to be vacated, is not required
1 tor access to any property.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
I SECTION I VACATION The City of Iowa
City hereby vacates the public right-of-
way easement legally described as fol-
lows, subject to the retention of utility ~rrd
access easements to any existing utilities
created:
A parcel of land located in the northeast
114 of the southeast 1/4 of Section 20,
Township 79 North, Range 6 West, of the
Fifth Principal Meridian, Johnson County,
jlowa, more particularly described as fal-
llows:
I Commencing at the east 1/4 corner of
said Sectlon 20; thence south OO"OB'54~
lw on the east line ot the southeast 114 ot
said Section 20, a distance of 485.52 feet
;to a point of beginning of the parcel here-
in described; thence south OO"08'54~ W, a
.'distance of 585.36 feet; thence north~
iwesterly on a 1750.0 foot radius curve
,concave northeasterly and having a
:36.98 foot long chord bearing north
j63"02'07"W, a distance at 36.98 feet (arc
length); thence north OO"08'54~ e, a dis-
Itance of 568.68 feet; thence south I
89"51 '06" E, a distance of 33.00 feet to
Ithe point of beginning; containing
19,044.05 square feet more or less.
SECTION II AUTHORIZATION The
I Mayor and City Clerk are authorized to
execute any and all documents neces-
sary to retain utility and access ease-
I ments to existing utilities and to relinquish
. the City's right.of-way easement over the
Isubject property.
. SECTION III RFPFAI FR All ordi-
lnances and parts of ordinances in conflict
with the provi-sions of this Ordinance are
hereby repealed.
SECTION IV SEVERABILITY If any
:section, provision or part of the
prdinance shall be adjudged to be invalid
,or unconstitutional, such adjudication
.shall not affect the validity of the
,or?inance as a whole or any section, pro-
,viSIon or part thereof not adjudged invalid
or unconstitutional.
SECTION V FFFECTIVE DATE This
Ordinance shall be in effect after its final
'passage, approval and publication, as
provided by law.
I Passed and approved this 5th
day of April, 2005,
:sJErnest W. Lehman, Mayor
Attest: slMarian K. Karr, City, 9!erk
,
62012
ARr!! 13,2005
I ~ 1
!~I~~tr.
....;;:..;,;sr~IIII.'
....,..~
CITY OF IOWA CITY
4 I 0 East Washington Street
Iowa City. low<I 52240- J 826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4156
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
19th day of April, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on April 27th, 2005.
Dated at Iowa City, Iowa, this 9th day of May, 2005.
Q
~~-n\<-~~.......Il.
Ju . oparil
Deputy City Clerk
Printer's Fee $ 3t.....;lc...j
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CmZEN
FED. ID #42-0330670
I, C)rl-e.",-of' N\o1e..
L. . .. lz, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper J time(s), on the
following date(s):
Ap r ~ '- d... I.> rl-O-C) &:)
~j ~.A 0 '--J)\ oJ. u../
Legal Clerk
Subscribed and sworn to before me
this {).vJ) day of ~
A.D. 20 0<) .
1-0IrA~ Notary Public
~ L1NDAKROlZ
. . Commlsslon Number 732819
My Commlsslon EJcplres
January 27, 2008
- I
uOFFICIAL PUBliCATION ~
ORDINANCE NO. 05-4156 - I
AN ORDINANCE AMENDING CITY I
CODETITLE4,CHAPTER3,ENTITLED
"OUTDOOR SERVICE AREAS; SEA-
SONAL, FIVE DAY OR FOURTEEN DAY
LICENSES AND PERMITS, It SECTION
1, ENTITLED "OUTDOOR SERVice
AREAS," ARTICLE C, ENTITLED
"REGULATION OF OUTDOOR SER.
VICE AREAS," SUBSECTION 1, ENTI.
TLED "LOCATION RESTRICTIONS".
SUBSECTION 2, "SCREENING FROM
PUBLIC VIEW". SUBSECTION 3.
"ENTRANCES AND EXITS"; SUBSEC-
TION 0, "EXEMPTIONS FROM REGU-
LATIONS"; AND SECTION 4, ENTI.
TLED "REGULATIONS AND REQUIRE.
MENTS FOR TEMPORARY OUTDOOR
SERVICE AREAS AND SEASONAL,
FIVE DAY AND FOURTEEN DAY PEA-
MITS AND LICENSES," SECTION A.
ENTITLED " LOCATION", SUBSEC-
TION 2.
WHEREAS, current City Code sets forth
'rrequirements for selling alcoholic bever-
ages on private property for licensed
lestablishments; and.
i WHEREAS, the current requirements
,make distinctions for establishments in
:the CB-10 zone; and
WHEREAS, no evidence exists that I
would require the distinctions for the CB- 1
10 zone and other private property estab-
lishments; and
WHEREAS, having the same require.
ments for all outdoor service areas would
eliminate confusion and aid enforcement
~ and inspections. j
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I. Section 4-3-1, Subsection
C, entitled "Regulation of Outdoor
Service Areas," Subsection 1, entitled
"Location Restrictions" is hereby amend-
ed by repealing C1(b) in its entirety and l
adding the following new C1(b):
An outdoor service area shall not ~e t
located on any side of a licensed estau-
lishment which fronts on a street unless
the ou1door service area is being ope rat-
led in conjunction with a "restaurant" as
'defined in section 4-1-1 of this titte.
, SECTION II Section 4-3-1, Subsection
C, entitled "Regulation of Outdoor
'Service Areas," Subsection 2, entitled
".Screening From Public View" is hereby
amended by repealing in its entirety and
'adding the following:
I Ou1door Service Areas are required to
provide a permanent decorative fence or
!other suitable barrier al least three feet
1(3') in height but no more than eight feet I
(8') in height which is detec1abl~ by per-
sons who are visually impaired.
Emergency exits shall comply with all
building, housing and fire codes.
SECTION III. Section 4-3-1, Subsection
C, entitled "Regulation of Outdoor
Service Areas," Subsection 3, entitled
"Entrances and Exits" is hereby amended
by repealing it in its entirety and adding
the following: -
Emergency exits shall comply with aU
I building, housing and fire codes.
r SECTION IV. Section 4-3-1, Subsection
0, entitled "Exemptions From
, Regulations," is hereby amended by
l repealing it in its entirety and the subsec-
I tion be reserved for further use.
SECTION V. Section 4-3-4, Subsection
A, entitled "Location,'" Subsection 2, is
hereby amended by repealing it in its
entirety and adding the fonowing:
A temporary outdoor service area operat-
ed in conjunction with a licensed estab-
lishment shall not be located on any side
of the licensed establishment which
fronts on a street unless the outdoor
service area is being operated in con-
junction with a .restaurant" as defined in
section 4-1-1 of this title.
-SECTION. VI REPEALER. Ail ordi-
nances and parts of ordinances in conflict
with the provisions of this Ordinance are
hereby repealed.
SECTION VII SEVERABILITY. If any
section, provision or part o! t~e
Ordinance shall be adjudged to be Invalid
or unconstitutional, such adjudication
shatl not affect the validity of the
Ordinance as a whole or any section, pro-
vision or part thereof not adjudged invalid
or unconstitutional.
SECTION VIII. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and approved this 19th day of
April,2005.
s1Ernest W. Lehman, Mayor
'Attest: slMarian K. Karr, City Clerk
'62078
April 27, 2005
I ~ 1
-_:. -1IIa'~
!~~~'"t.
.....:.~...IIII.'
.........
CITY OF IOWA CITY
4] 0 East Washington Street
Iowa City. Iowa 52240-] 826
(319) 356-5000
(319) 356,5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4157
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
19th day of April, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on April 27th, 2005.
Dated at Iowa City, Iowa, this 9th day of May, 2005.
~"'o ,,~~:,~
Juil Voparil ~
Deputy City Clerk
~';....,
Printer's Fee $ :2Cf. Lj c:;
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I, Or- L-t'^.Q ,NltJ..~y
-- , being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper J time(s), on the
following date(s):
~p'(";L ~ ') ;J-.()() '5
_~J' 0 Lfrla ~
Legal Clerk
Subscribed and sworn to before me
this ,':LP day of ~
A.D. 20 0<;' .
~/~ Notary Public
f.i UNDAKROlZ
:\ c..,.,......'Number7328l9
. . My Commission ExpIr8s
January 27, 2008
,
I
t
j
r OFFICIAL PUBLICATION l
'j ORDINANCE NO, 05-4'57 I
IORDINANCE AMENDING TITLE 9, I
I ENTITLED "MOTOR VEHICLES AND
,TRAFFIC," CHAPTER 3, ENTITLED
, "RULES OF THE ROAD," SECTION 6,
. ENTITLED nSPEED RESTRICTIONS, ~ I
: SUBSECTION B, ENTITLED ~EXCEp.
TIONS~ TO MODIFY THE SPEED LIMIT
,ON A PORTION OF HIGHWAY 1 IN THE
VICINITY OF SUNSET STREET AND
MILLER AVENUE.
WHEREAS, the current speed limit on
Highway 1 from the point 200 feet south-
west of the intersection of Sunset Street I
to a point 1,900 feet west of Miller Avenue
is 50 miles per hour;
I WHEREAS, City Staff has conducted an \ '
. engineering and traffic investigation and
recommends that 45 miles per hour is a
more reasonable, appropriate and safe
speed limit for said portion of Highway 1;
and
WHEREAS, it is in the best interest of the
City to amend the speed limit for said por-
tion of Highway 1 to 45 miles per hour
based on the engineering and traffic
investigation.
NOW, THEREFORE, BE IT ORDAINED I
I BY THE CII'( COU~CILOF' lHE CIC'L1'
'I OF CITY, IOWA: .
, SECTION I AMENDMENTS
! Title 9, entitled "Motor Vehicles and I
Traffic," Chapter 3, entitled "Rules of the
Road," Section 6, entitled "Speed
Restrictions," Subsection 8, entitled
"Exceptions," is hereby amended as fol-
lows:
a. The following portions of the table cur.
rently set forth in said subsection are
hereby removed:
Name of Street Highway 1
Maximum Speed Limit (MPH) 50
Where Limit Applies
From a point 300 feet southwest of the
intersection of Naples Road to a point
1,900 feet west of Miller Avenue
Name of Street Highway 1
Maximum Speed Limit (MPH) 45
i Where Limit Applies
I From a point 1,900 feet west of the
I intersection of Miller Avenue to a point
250 feet west of Miller Avenue
b. Said portions of the table are hereby
replaced with the following:
Name of Street Highway 1
Maximum Speed Limit (MPH) 50
Where Limit Applies
From a point 300 feet southwest of the
intersection of Naples Road to a point
200 feet southwest of Sunset Street
Name of Street Highway 1
Maximum Speed Limit (MPH) 45
Where Limit Applies
From a point 200 feet s~)Uthwest of
Sunset Street to a point 250 feet west of
Miller Avenue
SECTION II REPEALER All ordinances 1
and parts ,of ordinances in conflict with
I the provision of this Ordinance are here. I_I
1 by repealed.
I SECTION Ill. SEVERABILITY If any
I 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, pro-
vision 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 19th day of
, April, 2005. .
! slErnest W. Lehman, Mayor
1 Attest: slMarian K. Karr, City Clerk
: 62079 April 27, 2005
l.... __~_._____
I ~ 1
-_:. -ilia'
!~Iji~tr.
"'-;:':"'~"'IIII"
........~
CITY OF IOWA CITY
4] 0 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4158
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
19th day of April, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on April 27th, 2005.
Dated at Iowa City, Iowa, this 9th day of May, 2005.
~
~i," ." \,~~. ,,", \) -'
Ju . Voparil
Deputy City Clerk
Printer's Fee $ d /, I Y
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I, ~ v-l.--eV' ~ NJ....u.1.~ V-
, Ii h, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper J time(s), on the
following date(s):
..Af r: l ~ IJ :)...6t15
((=J]J&~ fJtoJ~
Legal Clerk
Subscribed and sworn to before me
this :L-J) day of ~
A.D. 20 ()">
V"/1/~ Notary Public
UNDA lCR01'Z
ti) OQI.oIfJul,n NumIler732819
. My Com/IlISSklD Expll8s
January 27, 2008
OFFICIAL PUBLICATION
I ORDINANCE NO. 05-4158 '
IORDINANCE AMENDING TITLE 3,'
ENTITLED "CITY FINANCES, TAXA-
I nON AND FEES," CHAPTER 4, ENTI.
TLED .SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND
PENALTIES." SECTION 3-4.5, ENTI.
TLED "saUD WASTE DISPOSAL," OF
tTHE CITY CODe TO INCREASE OR
:CHANGE CERTAIN SOLID WASTE
'CHARGES.
, WHEREAS, pursuant to eMpier 384,
Co<;je of Iowa (2003), the City of Iowa City
provides certain solid waste collection
and disposal services; and
WHEREAS, it is in the publiC interest to
,increase certain fees and charges asso-
'dated with said solid waste collection and
'disposal services: and
1 WHEREAS, the Iowa City City Council
proposeS to increase residential solid
.waste collection fees by approximately
3% for billing on or after July 1, 2005, to
'adequately finance operational costs;
'and
I WHEREAS, the City Code requires that
notice and public hearing on proposed
;changes in rates for fees and charges fo~_ \
I City utilities be provided to the public, j
prior to enactment of said rates for fees I
and charges.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
I OF IOWA CITY, IOWA:
f SECTION I AM~NDMENT Title 3, enti-
, tIed "City Finances, Taxation, and Fees,"J
\ Chapter 4, entitled "Schedule of Fees, i
Rates, Charges, Bonds, Fines, and,
Penalties," Section 3-4-5, entitled .Solid I
I Waste Disposal,. of the Iowa City Code is F
I hereby amended by: I
I Changing the charge for residential solid
! waste collection from $12.10 to $12.50}
, per dwelling unit, and 2 rooming units,
, per month; and from $9.00 minimum to
. $9.40 minimum for solid waste. . I
SECTION II RFPEALER All ordinances
I and parts of ordinances in conflict with'
the provisions of this Ordinance are here-
i by repealed.
SEr;TION III SEVF.RARIUTY If anYI'
section, provision or part of the
, Ordinance shall be adjudged to be invalid.
, or unconstitutional, such adjudication
I shall not affect the. validity of the
I Ordinance as a whole or any section, pro..
vision or part thereof not adjudged invalid:
or unconstitutional.
SECTION IV EFFFCTIVE nATE This I
Ordinance shall be in effect after its final I
passage, approval and publication, as i
provided by law. :
Passed and approved this 19th day of'
April, 2005.
I stErnest W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk
,
I 62080 April 27, 2005
I ~ 1
-_:. -.....
...~----
~~~!':'"!.
~_IIII"
.....~
CITY OF IOWA CITY
4 10 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356,5009 FAX
www.1cgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4159
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
6th day of May, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on May 12th, 2005.
Dated at Iowa City, Iowa, this 10th day of June, 2005.
~.~~~ ~
Julie . oparil '---'
Deputy City Clerk
.... < ..
'j
,
.",.
Printer's Fee $ ,;)q,L/{
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I, Of leru2 vY'a.Y\aV'"
Lb J_ ..._'"-, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper .J time(s), on the
follOwing date(s):
M rI ~ 12/ ;)..(~() &}
(;jj" .elM LfJ1_~
Legal elm
Subscribed and sworn to before me
this '3+h day of ~
A.D. 20 oS- .
y 71 ;/~of: Notary Public
UNDA i<R01Z II
@- Comn""I>n~~
. 'MyCommlsSial1 ,
\' January 'Z7. 2008
- .
I 1
I
)
I
I
I
...,
OFFICIAL PUBLICATION
ORDINANCE NO. 05-4159
ORDINANCE AMENDING TITLE 10 OF
, THE CITY CODE, ENTITLED "USE OF
I PUBLIC WAYS AND PROPERTY,"
! CHAPTER 3, ENTITLED "COMMER-
I CIAL USE OF SIDEWALKS," SECTION
4, ENTITLED "TEMPORARY USE OF
, SIDEWALK PERMITS" TO ALLOW
FOR THE COMMERCIAL USE OF
SIDEWALKS DURING THE HOURS OF
~ THE FRIDAY NIGHT CONCERT
SERIES.
! WHEREAS, regulating the pUblic right-of-
way ensures the safe movemE!nl of
, pedestrians; and
IWHEREAS, it is'desirable that Ihere be
uniformity in the permitting process and
specific crile~a to guide and limit the d!s- I
I cratian of City employees charged With
granting or denying permits for uses of f
the public right of way; and
WHEREAS, the City is a sponsor of the
, Friday Night Concert Series, a program
organized by the Downtown Association
I that provides live music in the City Plaza
during the summer on Friday evenings
between 6:00 PM and 9:00 PM; and
I WHEREAS, it is in the City's interest to
I permit businesses to use the City's side.
walks during the Friday Night Concert I
Series.
I NOW, THEREFORE, BE IT ORDAINED
I BY THE CITY COUNCIL OF' THE CITY
OF CITY, IOWA:
SECTION I. AMENDMENTS.
I Title 10, entitled "Use of Public Ways and
i Property," Chapter 3, entitled
I "Commercial Use of Sidewalks," Section
4, entitled ''Temporary Use of Sidewalk
: Permits," is hereby amended by deleting
i ~ec.tio~ 4 in its entirety and by substitut-
I log In Its place the following new Section
I 4;
h The City Manager or designee is author-
II ized to issue no more than three (3)
, Temporary Use of Sidewalk Permits per
calendar year to businesses or business
organizations for any commercial pur-
'l-pose in commercially zoned districts
.excluding permits for sidewalk cafes,
I ambulatory vendors, and mobite vending
! carts. Two (2) Temporary Use of Sidewalk
! Permits shall be limited to the temporary 1
,use of sidewalks and public right-of-way
I abutting said businesses aM shall be
-: limited to no more than three (3) days for
I any one permit. One (1) Temporary Use
of Sidewalk Permit shall be limited to the
temporary use of sidewalks and pUblic
right-of-way abutting said businesses and
shall De limited to Friday evenings
between the hours of 5:00 PM and 9;00
PM, for the period beginning the second
Friday of May and ending On the third
Friday of September of each year.
. SECTION II. REPEALER. AU
ordinances and parts of ordinances in
COnflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES
FOR VIOLATION. The violation of any
provision of this ordinance is a municipal
infraction or a simple misdemeanor.
SECTION IV. SEVERABILI-
TY, If any section, provi-sion or part of
~he ~rdinance shall be adjudged to be
! I~vahd or unconstitutional, such adjudica-
lIon shaff not affect the validity of the
_I qr?inance as a Whole or any section, pro-
; VIsion or part thereof not adjudged invalid
or unconstitutional.
SECTION IV. EFFECTIVE
. DATE This Ordinance shall be in effect
. after its final passage, approval and pub.
. lication, as provided by law.
. Passed and approved this 6th
I day of May, 2005.
, slErnest W.
. Lehman, Mayor
1 Attest: SlMarian K. Karr, City
I Clerk
I 62290 May 12, 2005
L_ ___ __~_____
I ~ 1
-,...= ----
.t~--->>
~~I~~'"!.
....;;:..-..sr..IIII.i\f!;,
.... ..
CITY OF IOWA CITY
4] 0 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(3 J 91356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4160
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
17th day of May, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on May 25th, 2005.
Dated at Iowa City, Iowa, this 10th day of June, 2005.
~~~~
Juil Voparil '-'
Deputy City Clerk
~ :
4,
"
,~.; .:
'--
__':r.
, -'
>
>
J;
/' .-~
~
,
,
'.
'0
I [
Printer's Fee $ t-JO,Dcr
CERTIFICATE OF PUBUCATlON
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID #42-0330670
I,Orh-e lI"-~ lYl u.l ~.---
M d.. - , being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in
said paper -I time(s), on the
following date(s):
10 tJ if ,;? <=)/ 9-t'l (j 5
~);)1 YOA.O <--m ~ ./
Legal Clerk
Subscribed and sworn to before me
this .;J~ day of ~1
A.D. 20 D\'
'::b1 ~ Notary Public
ii c..,.~~~~8
, , My CommIssIon E>cpIr8s
JanuaJy zr. 2008
-
I
I
i
OFFICIAL PUBliCATION 1/
ORDINANCE NO, 05-4160 ,
ORDINANCE AMENDING mLE, 14, r I
ENTITLED .UNIFlED DEVELOPMENT ;,'
CODE, ~ CHAPTER 3, ENTITLED .CITY
UTILTIES," ARTICLE H, ENTITLED
'SCUD WASTE,' SECTION 8. ENT!- I
TLED "STORAGE OF SOLID WASTE"
BY AMENDING SUBSECTION E, ENTI.
TLED 'LOCATION OF SOliD WASTE I
CONTAINER,' AND BV ADOING A
NEW SUBSECTION F, ENTITLED
"DOWNTOWN SOLID WASTE CON-
TAINER CODE' TO ESTABliSH A
PERMIT SYSTEM FOR STORAGE OF
SOLID WASTE CONTAINERS IN THE
DOWNTOWN PUBLIC
RIGHTS-OF-WAV,
WHEREAS, the City desires to clean up
the downtown alleys, which are public
rights-of-way; and
,WHEREAS, private parties currently use
the City's rights-af-way to store solid
waste containers and other containers;
and
WHEREAS, many of the solid waste con-
tainers presently in the downtown alleys
are n01 clean and sanitary ana pose
health and safety hazards; and
WHE.REAS, if the solid waste containers
ara not kept clean and sanitary, the City
bears increasing costs to clean the alleys;
and
WHEREAS. it is in the best interest of the
City to establish a separate permit system t
for the placement of solid waste contain- '
ers in the City's rights-of-way in the down-
town alleys; and
WHEREAS, it is in the best interest of the
City to clean up the downtown alleys,
which are public rights-of-way.
'NOW, THEREFORE, BE IT ORDAINED
\BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA: .
SECTION I AMFNnMEI\ITS 1
1. TJtle 14, eruW.ed "Unffied Develop~ent ')
COde," Chapter 3, entitled .City Utilities," 1
ArtIcle H, entitled 'Solid Waste," Section I
.. 2, entitled "Definitions" is hereby amend-
, ed by adding the following: ,
Downtown: The CB1 0 and CBS lones as
defined in th$ City's zoning code,
Permit The official document or certifi-
cate issued by the City Clerk or designee
authorizing a person to place or maintain-
a solid waste container in the downtown
public right-of-way.
2. Title 14, entitled "Unified Development
Code,' Chapter 3, entitled 'City Utilities,"
Article H, entitled "Solid Waste,' Section
8, entitled 'Storage of Solid Waste,'
Subsection E, entitled "Location of Solid
Waste Solid Waste Containers" is amend-
ed by repealing Paragraph 2 in its entire-
ty and a new Paragraph 2 as follows:
With the exception o.f the alleys in the t
downtown as provided in Section 14-3H-
8F herein, commercial solid waste con-
tainers shall be stored upon private prop-
erty unless both the owner of the contain-
er and the owner or operator of the prem-
ises have been granted written permis-
sion from the City Council, by way of writ-
ten agreement, to use public property for
i such pu~oses. :
3. Title 14, entitled .Unified Development I
COde," Chapter 3, entitled .City Utilities," 1_
Article H, entitled 'Solid Waste: Section
8, entitled "Storage of Solid Waste" is
----.hereby amended by adding. a new
1 Subsection F, entitled "Downtown Solid
I Waste Container Code" as follows:
I Permit ReauirACt No person shall place or
maintain any solid waste container on the
public right-of-way in the downtown with-
, out first obtaining a permit
..-+--j
\
I
, ~-- All solid wa;te .co.ntain~r;-
. presently in the downtown public rlght-of-
I way shall be removed within sixty (60)
days of the effective date of this ordi-
, nance, unless a permit has bee!, issued.
I System A permit system shall be adopt-
ed by resolution.
I
\ SE=r.TION II REPFALFR All ordinances
, and parts of ordinances In conflict with the
, provision of this Ordinance are hereby
repealed.
SFr.TION lit ~PFNALTtES FOR VIOLA-
'I!llII.:
! Violation of this Chapter shall be a munlc-
. ipal infraction punishable by a penalty of
I $250 for a person's fil'$t violation, $500 for
the second offense, and $750 for the third
offense.
SFr.TION IV SEVFRABIUTY If any
section, provision or part of the Ordinance
shall be adjudged to be invalid or uncon.
stitutlonal, such adjUdication shall not
affect the validity of the Ordinance as a
whole or any section, provision or part
thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE This'
Ordinance shall be in effect after its final
'passage, approval and publication, as I
provided by law.
I Passed and approved this 11th day of
i May, 2005 .
J slEmest W. Lehman, Mayor
Attest: slMarian K. Kerr, City Clerk
, 62310
May 25, ~~
'---
I --
I ~ 1
-_:. -uIa'...
~~ii!:'"!.
~~"'IIII''-
......
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgoY.org
STATE OF IOWA )
)SS
JOHNSON COUNTY , )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4161
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
7th day of June, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on June 15th, 2005.
Dated at Iowa City, Iowa, this 20th day of July, 2005.
\:::.)
~"'<L" ~~"'t'''' ~~i
J . K. Voparil
Deputy City Clerk
::~
'~ -.
'....-
.. :
". .'~.. ..
~~ \\ ~y .;...:~ ~ ~
..........
~ """ :' .:.
"
-'
'"
,
Printer's Fee $ j ;)..q. /I
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED, ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper / times(s), on the
following dates(s):
01i V<~ J~ df)O.5
egal Clerk
Subscribed and sworn to before me
this /1 ;,}r. day of rJJA-J
A.D.20 (:)<;'
I
I
I
/~/\Ls
Ii) UNDA .~
-; .. , IUnber 732819
"'7 '. , --
o' "'n .....,17.
~
blic
My Commission Expires
January 27, 2008
~ oS--~\\o\
OFFICIAL PUBLICATION
ORDINANCE NO. 05-4161
AN ORDINANCE REZONING APPROXI-
MATELY 29,26 ACRES FROM INTERIM
OEVELOPMENT RESIDENTIAL ZONE
(ID-RS) TO PART LOW DENSITY SIN-
GLE-FAMILY RESIDENTIAL ZONE (RS-
5 - 10,92 ACRES) AND PART MEDIUM
DENSITY SINGLE FAMILY RESIDEN-
TIAL ZONE (RS-B - lB,34 ACRES),
SUBJECT TO CONDITIONS. FOR
PROPERTY LOCATED ON SOUTH
SYCAMORE STREET NORTH OF
SOUTH POINT SUBDIVISION
WHEREAS, Steve Kohli has
applied for a rezoning of approximately
29.26 acres of property from ID-RS to part
RS-5 (10.92 acres) and part RS-S (18.34
acres); and
WHEREAS, said property is
located on the west side of South
Sycamore Street, south of Hollywood
Manor. and north the South point subdivi-
sion; and
WHEREAS, the South District
Plan identifies the area as appropriate for
low to medium density single family, resi-
dential development; and
WHEREAS, the Planning and
Zoning Commission has reviewed the
proposed rezoning and has heard public
input, and has recommended approval
subject to conditions; and
WHEREAS, the conditions
recommended by the Commission are
related to funding future Sycamore Street
improvements, access, and subdivision
design considerations, in order to ensure
the neighborhood design principles in the
South District Plan are addressed.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL
Subject to the terms and conditions of the
Conditional Zoning Agreement attached
hereto and incorporated herein, the prop-
1 erty described below is hereby reclassi.
fied from Interim Development
Residential Zone (ID-RS) to part Low
Density Single-Family Residential zone
(RS-5 - 10.92 acres) and Medium
Density Single-Family Residential zone
(RS-8 - 18.34 acres):
, RS.5-
I THAT PART OF THE M.IDDLE THIRTY
(30) ACRES OF THE 'FOllOWING .I~,
DESCRIBED PROPERTY: THE EAST I i
1 OFTHESOUTHWEST _ANDTHEEAST ,I
FIVE (5) ACRES OF THE WEST OF /
, THE SOUTHWEST OF SECTION 23 I
~ TOWNSHIP 79 NORTH,' RANGE 6
I WEST OF THE 5TH P.M., MORE PAR- t:
jTICULARlYDESCRIBEDAS FOllOWS: l
COMMENCING AT THE SOUTHEAST
I CORNER OF THE SOUTHWEST QUAR-
TER (SW ) OF SAID SECTION'
,THENCE N 01010'23" W, 931.32 FEeT
I ALONG THE EAST LINE OF SAID SW
1/4; THENCE S 8]042'07" W 28.25 FEET
TO THE WEST RIGHT-OF.WAY LINE OF
SYCAMORE STREET; THENCE N
1213'58" W 606.30 FEET ALONG SAtD
WEST RIGHT-OF-WAY TO THE POINT
OF BEGINNING; THENCE S 87l142'O7"
W 936.44 FEET; THENCE S 1203'50" E I
11.01 FEET; THENCE S 88256'10" W
88.53 FEET; THENCE WESTERLY 86.93
I FEET ALONG A 300' FOOT RADIUS
CURVE, CONCAVE SOUTHERLY (SAID
,CURVE HAVING A CHORD OF 86.63
I ) FEET AND BEARING S 80238'04" W).
I THENCE S 72219'59" W 120.01 FEET;
r- THENCE 'WESTERLY 46.30 FEET
ALONG A 150 FOOT RADIUS CURVE,
CONCAVE NORTHERLY (SAID CURVE
-HAVING A CHORD OF 46.12 FEET AND
BE~RING"S~81l!10'32n W); THENCE N
89258'56" W 96.48 FEET TO THE WEST
LINE OF THE EAST FIVE ACRES OF
THE WEST _ OF SAID SW . THENCE N
1203'57" W 378.13 FEET TO THE
'SOUTH liNE OF AUDITOR'S-EARCEL-
C?J' \ \~
"'"
I
I
,
. "A" (BOOK 34 PAGE 243); THENCE N - .
8]042'03" E, 1367.01 FEET ALONG THE
SOUTH liNE OF SAID PARCEL 'A" AND
THE SOUTH liNE OF HOLLYWOOD
MANOR PARTS 6, 7, AND 8 TO THE
WEST RIGHT-OF-WAY LINE OF SOUTH
SYCAMORE STREET; THENCE S
01013'58" E, 325.22 FEET ALONG THE
WEST RIGHT-OF-WAY LINE TO THE
POINT OF BEGINNING, CONTAINING
10.526 ACRES, AND IS SUBJECT TO
All EASEMENTS AND RESTRICTIONS
OF RECORD.
And
RS-8-
THAT PART OF THE MIDDLE THIRTY
(30) ACRES OF THE FOLLOWING
I DESCRIBED PROPERTY: THE EAST -
OF THE SOUTHWEST AND THE EAST
FIVE (5) ACRES OF THE WEST _ OF
, THE SOUTHWEST _ OF SECTION 23,
TOWNSHIP 79 NORTH, RANGE 6
! WEST OF THE 5TH P.M., MORE PAR-
TICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE ,SOUTHEAST
CORNER OF THE SOUTHWEST OUAR-
TER (SW _) OF SAID SECTION;
THENCE N 01"10'23" W, 931.32 FEET
ALONG THE EAST LINE OF SAID SW
1/4; THENCE S 8]042'07" W 2S,25 FEET
TO THE WEST RIGHT-OF-WAY LINE OF
SYCAMORE STREET AND THE POINT
OF BEGINNING; THENCE CONTINU-
'"ING S Sr42'07" W, 1369.72 FEET TO
~ THE WEST LINE OF THE EAST 5
I ACRES OF THE WEST OF SAID SW ;
THENCE N 1203'57" W 553.41 FEET;
'THENCE S 89258'56" E 96.48 FEET;
THENCE EASTERLY 46.30 FEET
ALONG A 150 FOOT RADIUS CURVE,
CONCAVE NORTHERLY (SAID CURVE
HAVING A CHORD OF 46,12 FEET AND
BEARING N 81210'32" E); THENCE N
72219'59" E 120.01 FEET; THENCE
EASTERLY 86.93 FEET ALONG A 300
FOOT RADIUS CURVE, CONCAVE
SOUTHERLY (SAID CURVE HAVING A
CHORD OF 86.63 FEET AND BEARING
N 80238'04" E); THENCE N 88256'10" E
88.53 FEET; THENCE N 1203'50" W
11.01 FEET; THENCE N 87242'07" E
936.44 FEET TO THE WEST RIGHT-OF-
WAY LINE OF SOUTH SYCAMORE
~,STREET, THENCE S 1213'58" E 606.30
FEET ALONG SAID WEST RIGHT-OF-
! WAY TO THE POINT OF BEGINNING
r CONTAINING 18.731 ACRES, AND IS
I SUBJECT TO All EASEMENTS AND
RESTRICTIONS OF RECORD. '
: SECTION II. ZONING MAP. The
, Building _Inspector_is - hereby"'authorized'
, and directed to change the zoning map of
the City of Iowa City, Iowa, to conform to
this amendment upon the final passage,
approval and publication of this ordinance
. bylaw.
SECTION III. CONDITIONAL
ZONING AGREEMENT. Following final
passage and approval of this ordinance.
the Mayor is hereby authorized and
i directed to sign, and the City Clerk. to
I attest, the Conditional Zoning Agreement
between the property owners, the appli-
'cant, and the City of Iowa City.
SECTION IV~ CERTIFICA-
TION AND RECORDING. Upon passage
,and approval of the Ordinance, and after
execution of the Conditional Zoning
Agreement. the City Clerk is hereby
authorized and directed to certify a copy
lof this ordinance and the Conditional
Zoning Agreement and to record the
I same, at the office of the County
'Recorder of-JohnSOlfCounty;;owa;-at the--
, owner's expense, all as provided by law.
SECTION V. REPEALER. All
ordinances and parts of ordinances in
conflict with the provi-sions of this
Ordi~a~a.!!!,~eby repealed~_
~. 05-41l.o\
r -~t:t:TlON''V1: -SEVERABIU:.
,TY. If any section, provision or part of the
I 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, pro-
vision or part thereof not adjudged invalid
or unconstitutional. ,..../
SECTION VII. EFFECTIVE
DATE. This Ordi-nance shall be in effect
after its final passage, approv-al and pub-
lication, as provided by law.
Passed and approved this 7th
I day of June, 2005.
I s1Ross Wilburn, Mayor Pro tern
i Attest: slMarian K. Karr, City Clerk
, CONDITIONAL ZONING AGREEMENT
, THIS AGREEMENT is made between the
, City of Iowa City, Iowa, a municipal corpo-
ration (hereinafter "City"), and Steve Kohli
, (hereinafter "Applicann, and Iowa Sta~e
! Bank and Trust Co. (hereinafter "Owner");
,and
IWHEREAS, Owner is the legal titleholder
'of approximately 29.26 acres of property
loca1ed on 1he wes1 side of Sycamore
Street, east of Wetherby P~rk, north of
SouthPointe subdivision; and
COMMENCING AT THE SOUTHEAST
CORNER OF THE SOUTHWEST QUAR-
TER (SW _) OF SAID SECTION;
THENCE N 01"10'23" W, 931.32 FEET
ALONG THE EAST liNE OF SAID SW
1/4; THENCE S 87"42'07" W 28.25 FEET
TO THE WEST RIGHT-OF.WAY liNE OF
SYCAMORE STREET AND THE POINT
OF BEGINNING; THENCE CONTINU-
ING S 87042'07" W, 1369.72 FEET TO
THE WEST LINE OF THE EAST 5
ACRES OFTHEWEST _ OF SAID SW_;
THENCE N 01003'57" W 931.55 FEET
,ALONG SAID WEST liNE TO THE
SOUTH liNE OF AUDITOR'S PARCEL
"A" (BOOK 34 PAGE 243); THENCE N
87"42'03" E, 1367.01 FEET ALONG THE
SOUTH LINE OF SAID PARCEL "A" AND
THE SOUTH LINE OF HOllYWOOD
MANOR PARTS 6, 7, AND 8 TO THE
WEST RIGHT-OF-WAY LINE OF SOUTH
SYCAMORE STREET; THENCE S
01013'58" E, 931.52 FEET ALONG THE
WEST RIGHT-OF-WAY LINE TO THE
POINT OF BEGINNING, CONTAINING
29.257 ACRES MORE OR lESS, AND IS
SUBJECT TO All EASEMENTS AND
RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that
the City wishes to ensure appropriate res-
idential development that conforms to the
principles of the Comprehensive Plan and
South District Plan. Further, the parties
acknowledge that Iowa Code ~414.5
(2003) provides that the City of Iowa City
may impose reasonable conditions on
granting an applicant's rezoning request,
over and above the existing regulations,
in order to satisfy public needs caused by
the requested change, including provi-
sions for funding of the adjacent arterial
'street, access to the property, and subdi-
vision design principles. Therefore Owner
and Applicant agree to certain conditions
over and above City regulations as
detailed below.
3. In consideration of the City's rezoning
the subject property, Owner and Applicant
agree that development of the subject
property will conform to all other require-
ments of the zoning chapter, as well as
the following conditions:
a. The subdivider is required to contribute
toward the cost of South Sycamore Street
Improvement, at a rate of $2,507.08 per
acre of property, at the time of final plat
approval. Said funds wlll be deposited
with the City of Iowa City prior to the first
occupancy permit being issued for any lot
in any final plat on this property.
b. To ensure that utilities are provided for
the development, construction of a
stormwater management system on
Outlot 'A' in phase one shall be complet-
ed.
c. An easement to facilitate construction
of sewer line from SouthPointe subdivi-
sion to Sandhill Estates shall be created.
d. To fulfill neighborhood design principles
in the South District Plan and
Comprehensive Plan, the following condi-
tions shall apply to the subdivision design
tor the property, a landscape bufter shall
be created along Sycamore Street. The
City will landscape the buffer at the time
of Sycamore Street upgrade and a pay-
ment shall be made for this landscaping
by the applicant at. the time final plat
~ approvaL-The legal paper for the final plat- ...
shall specify that fencing, if any, shall be I
constructed at. least 25 feet to the west of
, sycamore streef rfgfilofwaytoprovide---
sufficient room for the landscape buffer, to
ensure better streetscape view.
4. The Owner, Applicant, and City
acknowledge that the conditions con-
tained herein are reasonable conditions
to impose on the land under Iowa Code
~14.5 (2003), and that said conditions
satisfy public needs that are caused by
the reQuested zonim:tchanl1e. ______
WHEREAS, the Applicant with the
Owner's consent has requested the
rezoning of said property from Interim
Development Residential zone (lDRS) to
part low-Density Single-Family
'Residential zone (RS-S - 10.92 acres)
l and part Medium-Density Single-Family
zone (RS-B - 18.34 acres); and
WHEREAS, the Planning and Zoning
'Commission has determined that, with
appropriate conditions regarding access,
funding of future Sycamore Street
improvements, and subdivision design
provisions, the timing of the rezoning is
appropriate and the low to medium densi-
ty single-family residential zoning is in
conformance with the South District Plan;
and
WHEREAS, Iowa Code S414.5 (2003)
. provides that the City of Iowa City may
impose reasonable conditions on granting
an applicant's rezoning request, over and
above existing regulations, in order to sat-
isfy public needs caused by the requested
change; and
WHEREAS, the Owner and Applicant
acknowledge that certain conditions and
restrictions are reasonable to ensure the
development of the property contributes
to the future reconstruction of South
Sycamore Street, and generally con1orms
. to the neighborhood design principles of
i the South District Plan and
Comprehensive Plan; and
) WHEREAS, Owner and Applicant agree
to use this property in accordance with ..
, the terms and conditions of a conditional
, zoning agreement.
NOW, THEREFORE, in consideration of
. the mutual promises contained herein,
the parties agree as follows:
1. Iowa State Bank and Trust is the legal
title holder and Steve Kohli is the
Applicant for a rezoning of the property
legally described as follows:,
THE MIDDLE THIR1Y (30) ACRES OF
THE FOllOWING DESCRI6ED PROP-
ERTY: THE EAST OF THE SOUTH-
WEST _ AND THE EAST FIVE (5)
ACRES OF THE WEST ~ OF THE
SOUTHWEST _ OF SECTION 23,
TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., MORE PAR-
TlC;ULARl Y DESCRIBED AS FOLLOWS:
C?0' ~~~
5. The Owner, Applicant, and -City -
acknowledge that in the event the subject
property is transferred, sold, redeveloped,
or subdivided, all redevelopment will con-
form with the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge that this
Conditional Zoning Agreement shall be
deemed to be a covenant running with the
land and with title to the land, and shall
remain in full force and effect as a
covenant with title to the land, unless or
until released of record by the City of Iowa
City.
, The parties further acknowl-
edge that this agreement shall inure to the
benefit of and bind all successors, repre-
sentatives, and assigns of the parties.
7. Applicant acknowledges that nothing in
this Conditional Zoning Agreement shall
be construed to relieve the Owner or
Applicant from complying with all other
applicable local, state, and federal regula-
tions.
8. The parties agree that this Conditional
Zoning Agreement shall be incorporated
by reference into the ordinance rezoning
the subject property, and that upon adop-
tion and publication of the ordinance, this
agreement shall be recorded in the
Johnson County Recorder's Office at the
Applicant's expense.
Dated this 7th day of June, 2005.
CITY OF IOWA CITY
slRoss Wilbum, Mayor Pro tem
Attest: slMarian K. Karr, City Clerk
Iowa State Bank and TRUST Co.
s/Susan M. Pence, Second Vice
President Trust Officer
s/Steve Kohli, Member of said
Corporation
59884 June 15, 2005 I
- ~
I ~ 1
-_:. -ilia'...
:t~~~~
~-sr~IIII'm~
..... ~ ~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4162
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
21st day of June, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on July 1 st, 2005,
Dated at Iowa City, Iowa, this 9th day of August, 2005.
';::;)
~.~~~' Q -'
Jull oparil
Deputy City Clerk
. ,,'" - '~,
\~:' w;;'~j ........
,:.;"'-......-..;....,.... ...~.....
.:-. --... "'---~.. ~
-... ~ - ':.-
. - -
: .."Y' ~ ,..<..<i#.. ":. :.
M ~,\. .-... w-...j-'I' - ...
~~ .. H. "'r: ;
~.~ ~~\;.}'_:.. ;~2
- ... ,.. ..
. ~ .
.... ;;;.~ ~ .
.....Q--. ........- ,,;-.
,~;,~:;...""",..",
""",.::~ ~~ ~".'"
,
G--~. as' -~. ~ \, -=>--
Printer's Fee $
S:1,I'}
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PImSS-CITIZEN
FED. In # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper_I times(s), on the
following dates(s):
",] (.J La- J.; :In()5
~~iliMJ) <fJl~
-
Legal Clerk
Subscribed and sworn to before me
this S....J+-.- day of ~
A.D. 20 0<;'
~~ -
- ~
Notary Public
@\ ~Nu~-ber732619
. . Uyc....nIIlsIon Explnls
olInUQ 21. 2IlCl8
LINDA KROlZ
:\. Commissloil Number 732619
J';;;~~;:;27: '2008
f'~\,\~
I
I
,...~
OFFICIAL PUBLICATION
I ORDINANCE NO. 05-4162
~ORDINANCE AMENDING TITLE 4,
ENTITLED "ALCOHOLIC BEVER-
AGES, n CHAPTER 5, ENTITLED "REG-
I ULATION OF PERSONS UNDER (
LEGAl.. AGE," SECTION A1, TO MAKE
'THE~AMOUNT OF_THE FINE AND
OTHER SANCTIONS FOR POSSES-/ '
SION OF ALCOHOL UNOER THE
. LEGAL AGE EQUIVALENT TO THE '/
FINES AND OTHER SANCTIONS
UNDER STATE LAW.
WHEREAS, Section 4-5-4A of the_ City
I Code substantially mirrors the provisions i
i for possession of alcohol under the legal
age (PAULA) under section 123.47(3) of
the Code of Iowa;
WHEREAS, on May 2, 2005, the General
Assembly passed HF 275, which the
Governor has signed, that amends sec-
tion 123.47(3) of the Iowa Code to
increase the fine for first offense PAULA I
. to $200 and second or sUbsequent
J offense to $500 effective July 1, 2005; ,
! WHEREAS, Section 4-5-4A presently I
I provides that the fine for first offense ,
PAULA is $100.00 and second or subse-
quent offense PAULA is $200.00; I
II WHEREAS, HF 275 further provides that
a conviction for second offense PAULA, in
addition to the fine, requires that the
I defendant chose between a substance I
I abuse e~luation and suspension of a dri-- :
ver's license for up to one year and that
conviction for the third offense requires
, suspension of a driver's license for up to '
, one year;
r
,WHEREAS, Section 4-5-4A presently
provides for suspension of a driver's I
license for up to one year for second or I
, subsequent offense; i
WHEREAS, HF 275 further provides that I
first offense PAULA is a scheduled'
,offense under section 80S.8C of the COde!
tof Iowa;
WHEREAS, it is in the best interest of thel
City to have the provisions under the City
Code for PAULA be substantially thei
same as those under the State Code.
NOW, THEREFORE, BE IT O~DAINED
BY THE. CITY COUNCIL OF THE CITY
OF CITY, IOWA:
SECTION I. AMENDMENTS.
Titre 4, entitled "Alcoholic Beverages,"
Chapter 5, entitled "Regulation of
Persons Under Legal Age," Section A1, is
hereby amended by repealing it in its
entirety and adding a new Section A 1 r
which reads as follows:
1. A person who is under legal age, other
than a licensee or permittee, who violates
I this sectIon regarding the purchase of or
attempt to purchase alcoholic liquor,
wine, or beer, or possessing or haVing
I control of alcoholic liquor, wine, or beer,
commits the foJJowmg
a A simple misdemeanor, a scheduled
violation under section 805 8 of the Iowa
Code, PUnishable by a fine of two hun-I
dred dollars ($200 00) for the first!
offense. I
b A second offense shall be a sImple
I misdemeanor pUnishable by a fine of five I
I hundred dollars ($500.00). In addItion to
any other applicable penalty, the personL
t In violation of this section shall choose I
between eIther completmg a substance I
~ abuse evaluation orthe suspenSion of the
person's motor vehicle operating privi-
leges for a period not to exceed one year. '
c. A third or subsequent offense shall be :
a. simple misdemeanor punishable by a,
fine of five hundred dollars ($500.00) and!
the suspension of the person's motor
vehicle operating privileges for a period
l.nottoexceedqnl!Y~_ _
~
oS' -~\ ""~
~:J'~\~
\-d.- 'The cOurt may, lri-its "<tiseretion, -order-
the person who is under legal age to per- I
! form community service work under sec-
: tion 909.3Aof the Iowa Code, or an equiv-
alent value to the fine imposed under this I
section.
i SECTION II. REPEALER. All ordinances
: and parts of ordinances in conflict with the
j provision of this Ordinance are hereby
repealed.
, SECTION 111 SEVERABILITY. If any sec-
tion, provi-sion or part of the Ordinance
shall be adjudged to be invalid or uncon-
stitutional, such adjudication shall not
affect the validity of the Ordinance as a
whole or any section, provision or part
t!'\ereof not adjudged invalid or unconsti. \
tutional. !.-
SECTION IV. EFFECTIVE DATE. This I
~ Ordi-nance shall be in effect after its final,
. pas-sage, approv-al and publication. as
! provided by law.
Passed and approved this 21s1 day of
June, 2005.
slEmest W. Lehman, Mayor d
Mest: slMarian K. Karr, City Clerk
60061 July 1, 2005
--. --_.-- -.-
I ~ 1
!~~~tr.
~~"IIII''-
......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356.5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4163
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
21st day of June, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on June 29th, 2005.
Dated at Iowa City, Iowa, this 9th day of August, 2005.
~
~""a 'I:.,\J~^ ~
Julie . Voparil '-'
Deputy City Clerk
~ ~'- ~- ~.~~~:t ~"~-,
-....:-:~~ ;' j. "'~"'"
...... .-
. -
: ~ ~ ""'.. \ ;.
" ...:~_" ~-... -.;c.._,'~~. :.
.. '\....v .r. ~
- . -.- -. .:
-.~--::~".'- '
.'. '"'.- "'~;":.;;:
~ -
. -
"..- .: .:.
. .~ ~... --'-'"':~~ .
'.. ~-
'': _......-
~
I
Printer's Fee $ ::r'/::J.o
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. In # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper I times(s), on the
following dates(s):
~J iIt e ,::)9 d-f')() C[
'J
~A-L/CP) ofl~
Legal Clerk
Subscribed and sworn to before me
this ~q../M day of ~
AD. 20.r;r:;
~~.~ Notary Public
UNDA KROTZ
~ ComrrJ . -, Number 732619
. . My Q)....-..on Expires
.-..y 27. 2IlO8
.
OFFICIAL PUBLICATION
ORDINANCE NO. 05-4163
ORDINANCE AMENDING TITLE 14
'ENTITLED "UNIFIED DEVELOPMENT
, CODE," CHAPTER 3, ENTITLED "CITY
I UTILTIES," ARTICLE H, ENTITLED
"SOLID WASTE," SECTION 2 ENTI-
I TLED "DEFINITIONS" BY AMENDING
I THE DEFINITION OF "DOWNTOWN"
I TO DELETE THE CBS ZONE FROM
I THE PERMIT REQUIREMENTS OF
SOliD WASTE CONTAINERS IN THE
'DOWNTOWN PUBLIC RIGHTS-OF-
'WAY.
, WHEREAS. Ordinance No. 05-4160 cre-
, ated a permitting requirement for solid
'waste containers in "downtown" public
rights-af-way;
! WHEREAS, Ordinance No. 05-4160
: defines "downtown" as the "CB10 and
CBS zones as defined in the City's zoning
, code";
I WHEREAS, it is n01 necessary 10 include
the rights-of-way in the CBS zone in the
I pennitling process to achieve the purpos.
: es of Ordinance No. 05-4160; and
\ WHEREAS, it is in the best interest of the
I City to delete the CB5 zone from the def-
inition of "downtown."
I NOW, THEREFORE, BE IT ORDAINED
I BY THE CITY COUNCIL OF THE CITY
'I OF IOWA CITY, IOWA:
SECTION L AMENDMENTS.
11. litle 14, entitled "Unified
Development Code," Chapter 3, entitled
i "City Utilities, ~ Article H, entitled "Solid
,Waste," Section 2, entitled "Definitions" is
I hereby amended by deleting the defin;.
;>tion of "downtown" and substituting the
following new definition:
I Downtown: The CB1 0 zone as defined in
: the City's zoning code.
SECTION fl. REPEALER. All ordinances
! and parts of ordinances in conflict with
: the provision of this Ordinance are here.
J by repealed.
r SECTION III. SEVERABILITY. If any
. section, provi-sion or part of the
.! Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication
shall not affect the validity of the
, Ordinance as a whole or any section,
provision or part thereof not adjudged
invalid or unconsti-tutional.
SECTION IV. EFFECTIVE DATE. This
Ordi-nance shall be in effect after its final
; pas.sage, approval and publication, as
j provided by law.
: Pass.ad and approved this
21 st day of June, 2005
stErnest 1/:1. Lehman, Mayor
Attest: stMarian K. Karr, City Clerk
60051 June 29, 2005
"J
I ~ 1
-~= -~
~~I~~tr.
~~~IIII"
..... ...
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4164
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
5th day of July, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on July 13th, 2005.
Dated at Iowa City, Iowa, this 9th day of August, 2005.
~~
~~~~.Sl
Julie . Voparil ~
Deputy City Clerk
- , ~~~'.'"' :?~~:~-"~'~~"
~- .,.... 0;..."""':' ~........' ~
~ .... ...
- ....,. " - -
~ \..~~ .~- ......:'",.,;.;, :
~.\~ l./.;
.'", ,-".. - - ~
- . .~., .<.l .'. c.__ - ..
....: '- -, 'r..;.' ...:,*,,,;:;
-";.,..,,,~.~~--.....
..... ........
~ , I; S -'-\ \ \0 <-\
Printer's Fee $ ~o I ,<60> I
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
,
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper~ times(s), on the
following dates(s):
.:Ju/l1- I ~ ) 0)'0 C)
~QO-MO_~~ ,
,
Legal Clerk
Subscribed and sworn to before me
this J LJ-/r. day of d,.~
AD. 20 ()~
,
'd~ I
, /! ~ I
. Notary Public i
(j1 UNDAKROlZ
~o."'l ," . .Number732819
..,- ". Ellpha
.-,17.lllIllI
I
OFFICIAL PUBLICATION
ORDINANCE NO. 05-4164
AN ORDINANCE CONDITIONALLY
CHANGING THE ZONING DESIGNA.
TION FROM COUNTY A 1 TO CC2,
COMMUNITY COMMERCIAL
(APPROXIMATELV 16.05 ACRES), CI-1,
INTENSIVE. COMMERCIAL (APPROXI-
MATELY 20.22 ACRES), COol, OFFICE
COMMERCIAL -(APPROXIMATELY
10.92 ACRES), AND RR-l, RURAL
RESIDENTIAL (APPROXIMATELY 2.83
ACRES), FOR PROPERTY LOCATED
NORTH OF HIGHWAY " WEST OF
HIGHWAY 218, AND 'EAST OF KITTY
lEE ROAD
, WHEREAS, the applicant.
James A. Davis, on behalf of property
owners James R. Davis, Robert A. Davis,
and Jan E. Smith, has applied for volun-
tary annexation of property located north
of Highway 1, west of Highway 218, and
east of Kitty Lee Road; and
. WHEREAS, the applicant has
requested commercial zoning on the
majority of the property to allow for a
commercial subdivision, which is appro-
priate for land abutting the Highway
l/Highway 218 interchange according to
the Comprehensive Plan; and
WHEREAS, the Planning and
Zoning Commission has reviewed the
proposed zoning pattern on the property,
and has recommended approval Subject
to conditions related to infrastructure
needs, funding for infrastructure, land-
scaping and fencing, access control, and
sanitary sewer provision; and
WHEREAS, Iowa Code
Section 414.5 (2005) provides that the
City of Iowa City may impose reasonable
conditions on granting an applicant's
rezoning request, over and above exist-
ing regulations, in order to satisfy public
needs caused by the rezoning request;
and
WHEREAS, the applicant
and owners acknowledge that certain
conditions and restrictions are reason-
able to ensure the development of the
property provides adequate infrastruc-
ture for urban commercial uses, to
ensure infrastructure needs are ade-
quately funded to minimize future costs
to the public, and to provide adequate
landscaping for the benefit of nearby res-
idential property owners.
NOW, THEREFORE, BE IT
ORDAINED BYTHE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA: .
SECTION I APPROVAL
Subject to the terms and conditions of the
Conditional Zoning Agreement, attached
hereto and incorporated herein, the prop-
erty described below is hereby reclassi-
fied as follows:
A. The following property is hereby
reclassjfied from its current designation
to CI-1, Intensive Commercial, subject to
the terms and conditions of the
Conditional Zoning Agreement attached
hereto and incorporated herein:
COMMENCING AT THE WEST QUAR-
TER CORNER OF SECTION 20, TOWN-
SHIP 79 NORTH, RANGE 6 WEST, OF
THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA; THENCE
N89'SS'12"E, ALONG THE NORTH LINE
OF THE SOUTHWEST QUARTER OF
SAID SECTION 20, A DISTANCE OF
1325.59 FEET; THENCE SOO'16'15"W,
ALONG THE WEST LINE OF THE EAST
ONE-HALF OF SAID SOUTHWEST
QUARTER, 442.44 FEET, TO THE
POINT OF BEGINNING; THENCE
N8S'43'05"E, 63S.14 'FEET; THENCE
SOO'16'55"E, 58.06 FEET; THENCE
N89'43'05"E, 331.S3 FEET; THENCE
SOUTHWESTERLY, 154.02 FEET, AND
A 615.00 FOOT RADIUS CURVE, CON-
CAVE NORTHWESTERLY, WHOSE
153.62 FOOT CHORD BEARS
S03'08'26"W; THENCE S10'18'S4"W,
412.57; THENCE SOUTHEASTERLY,
104.12 FEET,,,AlONG-A~lS0.00-FOOT
RADIUS;CURVE, CONCAVE NORTH-,
EASJliRt-Y7wHOSE 102.0S FOOT
CHORD BEARS S09.:34'17"E, TO A
~ I
<?:J.\"\ _~
POINT ON THE NORTHWESTERLY
LINE OF HIGHWAY NO.1; THENCE
S23'39'2S"W, ALONG SAID NORTH- j
WESTERLY LINE, 113.82 FEET;
I. THENCE S53'53'27"W, ALONG SAID
NORTHWESJERLY LINE, 321.32 FEET;
THENCE N8S'43'45"W, 605.S0 FEET,
TO A POINT ON THE WEST LINE OF
THE SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION
20; THENCE NOO'16'1S"E, ALONG SAID
WEST LINE, 1003.S6 FEET, TO SAID
POINT OF BEGINNING. SAID PARCEL
OF LAND CONTAINS 20.22 ACRES,
AND IS SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
B. The following property is hereby
reclassified from its current designation
to CC-Z: Community Commercial, sub-
ject to the terms and conditions of the '
t Conditional Zoning Agreement attached
hereto and incorporated herein:
COMMENCING AT THE NORTHEAST I
CORNER OF R.H. DAVIS .SUBDIVI- '
SION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN BOOK
7, AT PAGE " OF THE RECORDS OF
THE JOHNSON. COUNTY I
RECORDER'S OFFICE; THENCE ~
S35'26'49"E, ALONG THE SOUTH-:
WESTERLY LINE OF HIGHWAY NO.
21S, A DISTANCE OF 162.11 FEET;
THENCE S31'2S'02"E, ALONG SAID
SOUTHWESTERLY LINE, 951.85 FEET,
TO THE POINT OF BEGINNING;
THENCE CONTINUING S31'25'02"E,
ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE S05'Ol'OS"E,
. ALONG SAID SOUTHWESTERLY liNE, I
260.12 FEET; THENCE S18'17'39"E,
ALONG SAID SOUTHWESTERLY LINE,
497.24 FEET, TO A POINT ON THE
EAST LINE OF THE EAST ONE-HALF
OF THE SOUTHWEST QUARTER OF \
SECTlgN 20, TOWNSHIP 79 NORTH,
RANGE 6 WEST, OF THE FIFTH PRIN-
CIPAL MERIDIAN; THENCE
SOO'13'40"W, ALONG SAID EAST llNE,
5.60 FEET, TO ITS INTERSECTION
WITH THE NORTHWESTERLY LINE OF
HIGHWAY NO. l;THENCE S41"2S'36"W,
ALONG SAID NORTHWESTERLY LINE,
349.83 FEET; THENCE S6S'S3'59"E, .
ALONG SAID NORTHWESTERLY LINE,
160.2S FEET; THENCE S23'39'28"W,
ALONG SAID NORTHWESTERLY LINE,
102.16 FiEET; THENCE NORTHWEST-
ERLY, 104.12 FEET, ALONG A 150.00
FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 102.0S
FOOT CHORD BEARS NOS'34'17"W;
THENCE N10'18'54"E, 412.57 FEET;
THENCE NORTHEASTERLY, 154.02
FEET, ALONG A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS
N03'08'26"E; THENCE .SS9'43'05"W,
331.93 FEET; THENCE NOO'16'55"W,
482.10 FEET; THENCE N62'56'13"E,
175.00 FEET; THENCE NORTHWEST.
ERLY, 203.93 FEET, ALONG A 1765.00
FOOT RADIUS CURVE,. CONCAVE
SOUTHWESTERLY, WHOSE 203.82
FOOT CHORD BEARS N30'22'24"W;
THENCE NS8'34'SS"E, 265.34 FEET, TO
SAID POINT OF BEGJNNING, CON-
TAINING 12.27 ACRES.
-AND-
COMMENCING AT THE SOUTHWEST
CORNER OF THE EAST ONE-HALF OF
THE SOUTHWEST QUARTER OF SEC-
TION 20, TOWNSHIP 79 NORTH,
RANGE 6 WEST,-OF THE FIFTH PRIN-
CIPAL MERIDIAN; THENCE
S89'44'05'W, ALONG THE SOUTH LINE I
OF. SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER, 1327.61
FEET; THENCE NOO'16'15"E, ALONG
THE WEST LINE OF SAID EAST ONE-
HALF OF THE SOUTHWEST QUAR-'
TER, 70S.65 FEET, TO THE POINT OF
BEGINNING; THENCE CONTINUING
NOO'16'15"E, ALONG SAID WEST LINE,
478.98 FEET; THENCE SSS'43'45"E,
~!:~_ET, TO A l'O!~ O~
~. 1>S--Y\IoU;
; NORTHWESTERLY LINE OFHrGHWAY'
: NO.1; THENCE S53'53'27"W, ALONG
t SAID NORTHWESTERLY LINE, 91.91 I
"FEET; THENCE S41'15'16"W, ALONG'
SAID NORTHWESTERLY LINE 345 72
FEET; THENCE S62'03'39"W 'ALONG j
SAID NORTHWESTERLY LINE 34584 I
FEET, TO SAID POINT OF BEGINNING
. CONTAINING 3.78 ACRES. ' ,
SAID RESULTANT PARCEL'OF LAND
CONTAINS 16,05 ACRES, AND IS SUB-
JECT TO EASEMENTS AND RESTRIC-
TIONS OF RECORD.
C. Th~. following property is hereby ,
reclassified f~om its current designation j
to CQ-1, Office Commercial, fubject to I
the .t~rms and; cqnditbns of the,
Condltlonal Zoning Acreement attached I
hereto and incorporated herein: I
BEGINNING AT THe SOUTHEAST I
CORNER OF LOT 11, OF R.H. DAVIS
SUBDIVISION, IN ACCORDANCE WITH \
THE PLAT' THEREOF RECORDED IN :
BOOK 7, AT PAGE 1,' OF THE'
RECORDS OF THE JOHNSON COUN-
TY RECORDER'S OFFICE' THENCE
N01'01'58"E, ALONG THE EASTERLY \
LINES OF lOT 11, LOT 10, LOT 9 AND:
LOT 8 OF SAID R.H. DAVIS SUBDIVI-
SION, 396.57 FEET, TO THE SOUTH- f
WEST CORNER OF LOT' 12.0F SAID I
R.H. DAVIS SUBDJVISION' THENCE
S66'18'16"E, ALONG THE,SOUTHERLY
liNE OF SAID LOT 12 A DISTANCE OF
75.75 FEET, TOTHE.'SOUTHEAST
CORNER , THEREOf: . THENCE
N23'47'56"E,. ALONG THE :~STERLY .
LINE O~ SAID I:.OT 12/A DISTANCE OF
199.77 FEET, TO, THE .SOUTHWEST
CORNEA OF LOJ ,.18 ,OF; SAID R.H.
DAVIS ,SUBDIVISION;' THENCE
S66'14'16"E,'ALONG .THE'SOUTHERLY
LINE OF SAID Lor 18,A DISTANCE OF
224.57. FEET;-,JO l':H5 SOUTHEAST
CO~NER .TtlEREOF;; THENCE
N23 42'17"E, 'AI:.ONG THE. EASTERLY
liNE OF SAIDLOl'fB,A DISTANCE OF
129.56 FEEFtHENCE 'NORTHWEST-
ERLY, 52.60 F8;T, ALONG SAID'EAST'
ERLY L1NE,-:AND~ A., 54,67 FOOT
RADIUS CURVE, CONCAVE SOUTH-
WESTERLY, WHOSE 50.59 FOOT
CHORD BEARS N03'51'23"W' THENCE'
N58'34'58"E, 83.82 FEET, TO' A POINT
ON THE SOUTHWESTERLY LINE OF I
HIG~WAY NO. - .218; , THENCE,
S31 25'02"E, -ALONG SAID SOUTH-'
WESTERLY.' LINE, 343.30 FEET; I
THENCE S58';34'58"W" 26!j.34 FEET; I
THENCE SOUTHEASTERLY, 203.93
FEET, ALONG A 1765.00 FOOT
RADIUS CURVE, CONCAVE SOUTH.
WESTERLY, WHOSE 203.82 FOOT
CHORD BEARS S30'22'24"E' THENCE
S62'56'13"W, 175.00 FEET;' THENCE'
SOO'16'55"E, 424.04 FEET' THENCE
S89'43'05''W, 639.14 FEET, TO A POINT
ON THE WEST LINE OF THE EAST!
ONE-HALF OF THE SOUTHWEST
QUARTER OF SECTION 20, TOWN-
SHIP 79 NORTH, RANGE 6 WEST, OF'
THE FIFTH PRINCIPAL MERIDIAN'
THENCE Noo'16'15"E, ALONG SAID'
WEST LINE, 120.01 FEET; THENCE!
N89'43'05"E, 250.13 FEET; THENCE'
NOO'39'57"E, 321.57 FEET, _TO SAID
POINT OF BEGINNING. SAID PARCEL,
OF LAND CONTAINS 10.92 ACRES'
AND IS SUBJECT TO EASEMENTS'
AND RESTRICTIONS OF RECORD.
D. Th.e; _ following property is hereby
reclassified from lis current designation
to RR.1, Rural Residential, subject to the!
terms and conditions of the Conditional
Zoning Agreement attached hereto and i
incorporated herein: .
. BEGINNING AT THE SOUTHEAST
CORNER OF LOT 2, OF R.H. DAVIS
SUBD1VISIO!!.LN_AC.c..08DANCE WITH
~j . ~ \ Y-
THE-PLAT' THEREOF' 'RECORDED'IN'
BOOK 7, AT PAGE 1, OF THE
RECORDS OF THE JOHNSON COUN- '
TV RECORDER'S OFFICE; THENCE
S88'58'43"E, 143.89 FEET, TO A POINT
ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 21B; THENCE,
S31"25'02"E, ALONG SAID SOUTH.
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and
betw.e~n the. City of Iowa City, Iowa, a
M~ntclpal Corporation (hereinafter
"Clty"), and James R. Davis, Robert A.
Davis, and Jan E. Smith (hereinafter
"Owners"); and
WHEREAS, Owners are owners and
legal title holders of approximately 50.03
acres of property located north of
Highway. 1, west of Highway 218, and
east of Kitty Lee Road; and
WHEREAS, the Owners have requested
voluntary annexation of the property to
the City o.f Iowa ~ity, and have requested
commercial zoning for a majority of the
property to enable a commercial subdivi-
sion and development; and
WHEREAS, the Planning and Zoning
Commission has recommended approval
of commerci~1 zoning for a majority of the
property subject to conditions related to
infrast~ucture needs, funding for infra-
-structure, -landscaping-and~lencing,
access control, al'ld Uva prov\sioo of sanj..
tary sewer; and
WHEREAS, Iowa Code Section 414.5
(2005) provides that the City of Iowa City
may Impose reasonable conditions on
granting a rezoning request, over and
above existing regulations, in order to sat-
isfy public needs that are directly caused
by the requested change in zoning; and
WHEREA?, the qwners acknowledge
that certain conditIons and restrictions
are reasonable to ensure adequate infra-
structure is in place for urban commercial
development, future infrastructure needs
are.adequately funded to minimize costs
to the public, fencing and landscaping are
adequate to minimize visual impacts on
adjacent residential properties, and sani-
tary sewer infrastructure is designed to
be upgraded to serve the larger water-
shed; and
WHEREAS, Owners agree to use this
property in accordance with the terms
and conditions of a Conditional Zoning
Agreement.
NOW, THEREFORE, in consideration of
. the mutual promises contained herein
the Parties agree as follows: '
1. Robert A. Davis, James R. Davis, and
Jan E. Smith are the owners and legal
title holders of the property legally
described as follows:
"
WESTERL.Y LINE, 520.41 FEET;
THENCE S5B"34'5B"W, B3.82 FEET, TO
A POINT ON THE SOUTHERLY liNE OF
OLDE OAK LANE; THENCE NORTH.
WESTERLY, ALONG SAID SOUTHERLY
LINE, 64.07 FEET, AND A 54.67 FOOT
RADIUS CURVE, CONCAVE SOUTH. ,
WESTERLY, WHOSE 60.47 FOOT I
CHORD BEARS N64 "59'26"W; THENCE,
NOB'S2'23"W, 60.00 FEET, TO A POINT Ir
ON THE NORTHERLY liNE OF SAID
OLDE OAK LANE; THENCE
S81'07'37"W, ALONG SAID NORTHER-
LY liNE OF OLDE OAK LANE, 291.64
FEET, TO THE SOUTHEAST CORNER
OF LOT 6 OF SAID R.H. DAVIS SUBDI.
VISION; THENCE N01"05'35"E, ALONG
THE EASTERLY liNE OF SAID RH.
DAVIS SUBDIVISION, 450.59 FEET, TO
SAID POINT OF BEGINNING. SAID
PARCEL OF LAND CONTAINS 2.B3
ACRES, AND IS SUBJECT TO EASE-
MENTS AND RESTRICTIONS OF
RECORD,
SECTION II ZONING MAP. The
Building Inspector is hereby authorized
and directed to change the Zoning Map of
the City of Iowa City, Iowa to conform to
this amendment upon final passage,
approval, and publication of this
Ordinance as provided by law.
SECTION III CONDITIONAL ZONING
AGREEMENT. Following final passage
and approval of this Ordinance, the
Mayor is hereby authorized and directed
to sign and the City Clerk to attest, the
Conditional Zoning Agreement between
the City and the owners 01 the property
requested for rezoning. .
~. SFCTION IV CERTIFICATION AND t
- RECORDING. Upon passage -and
approval of the Orclinance and after exe-
cution of the Conditional zoning;
Agreement, the City Clerk is hereby I
aultlorized and directed to certify a copy,
of this Ordinance and the Conditional
Zoning p.,greement and to recoro. the,
same at the Office of the County'
Recorder of Johnson County, Iowa, at the
owner's expense, all as provided by law.
SECTION V REPEALER. All ordinances'
and parts of ordinances in conflict with
the 'provl-sions of this Ordinance are
hereby repealed.
SE:CTION VI 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, pro-.
vision or part thereof not adjudged invalid
or unconsti-tutional.
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 5th
day of July, 2005.
slErnest W. Lehman,_Mayor
Attest: slMarian K. Karr, City Clerk
-- r-----
co., ZONE
BEGINNING AT THE SOUTHEAST
CORNER OF LOT 11, OF R.H. DAVIS
SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN
BOOK 7, AT PAGE 1,' OF THE
RECORDS OF THE JOHNSON COUN.
TY RECORDER'S OFFICE' THENCE
N01'01'58"E, ALONG THE EASTERLY
LINES OF LOT 11, LOT 10, LOT 9 AND
LOT 8 OF SAID R.H. DAVIS SUBDIVI-
SION, 396.57 FEET, TO THE SOUTH.
WEST CORNER OF LOT 12 OF SAID
R.H; DAVIS SUBDIVISION; THENCE
S66 18'16"E, ALONG THE SOUTHERLY
LINE OF SAID LOT 12, A DISTANCE OF
75.75 FEET, TO THE SOUTHEAST
CO~NER THEREOF; THENCE
N2347'56ffE, ALONG THE EASTERLY
LINE OF SAID LOT 12, A DISTANCE OF
199.n FEET, TO THE SOUTHWEST
CORNER OF LOT 18 OF SAID R.H.
DAVIS SUBDIVISION' THENCE
S66'14'16"E, ALONG THE SOUTHERLY
LINE OF SAID LOT 18, A DISTANCE OF
224.57 FEET, TO THE SOUTHEAST
CORNER THEREOF' THENCE
N23'42'17"E, ALONG THE EASTERLY
~I~E QF_S~~[) LOT 18, A DISTANCE OF
~ . os- - ~ \ \, L\
129.58 FEET; THENCE NORTHWESF
ERLY, 52.60 FEET, ALONG SAID EAST.
ERLY liNE, AND A 54.87 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY,
WHOSE 50.59 FOOT CHORD BEARS
N03'S1'23"W' THENCE N5S'34'58"E
83.82 FEET,' TO A POINT ON THE
SOUTHWESTERLY LINE OF HIGHWAY
NO. 218; THENCE S31'25'02"E, ALONG
SAID SOUTHWESTERLY liNE, 343.30
FEET; THENCE S5S'34'58"W, 265.34
FEET; THENCE SOUTHEASTERLY,
203.93 FEET ALONG A 1765.00 FOOT
RADIUS CURVE, CONCAVE SOUTH.
WESTERLY, WHOSE 203.82 FOOT
CHORD BEARS S30'22'24"E; THENCE
S62'56'13"W, 175.00 FEET; THENCE
Soo'16'SS"E, 424.04 FEET; THENCE I
S89'43'OS"W, 639.14 FE~, TOA POINT
ON THE WEST liNE OF THE EAST
ONE.HALF OF THE SOUTHWEST
QUARTER OF SECTION 20, TOWN-
SHIP 79 NORTH, RANGE 6 WEST, OF
THE FIFTH PRINCIPAL MERIDIAN;
THENCE NOO'16'15"E, ALONG SAID
WEST LINE, 120.01 FEET; THENCE
N89'43'05"E, 250.13 FEET; THENCE
Noo'39'57"E, 321.57 FEET, TO SAID
POINT OF BEGINNING. SAID PARCEL
OF LAND CONTAINS 10.92 ACRES,
AND IS SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
. CI-1 ZONE
COMMENCING AT THE WEST QUAR. I
TER CORNER OF SECTION 20, TOWN. '.
SHIP 79 NORTH, RANGE 6 WEST, OF "-
THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA; THENCE
---">.I N89'S5'12"E. ALONG THE NORTH LINE ,-
OF THE SOUTHWEST OUARTER OF
SAID SECTION 20, A DISTANCE OF
1325.59 FEET; THENCE SOO'16'15''W,
ALONG THE WEST LINE OF THE EAST
ONE-HALF OF SAID SOUTHWEST
QUARTER. 442.44 FEET, TO THE
POINT OF BEGINNING; THENCE
N89'43'05"E, 639.14 FEET; THENCE,
SOO'16'SS"E, 58.06 FEET; THENCE
N89'43'05"E, 331.93 FEET; THENCE
SOUTHWESTERLY, 154.02 FE~, AND;
A 615.00 F.OOT RADIUS CURVE, CON-
CAVE NORTHWESTERLY, WHOSE!
153.62 FOOT CHORD BEARS i
S03'08'26"W; THENCE S10'18'54"W, .
412.57; THENCE SOUTHEASTERLY, i
104.12 FEET, ALONG A 150.00 FOOT I
RADIUS CURVE, CONCAVE NORTH-
EASTERLY, WHOSE 102.05 FOOT
CHORD BEARS S09'34'17"E, TO A ,
POINT ON THE NORTHWESTERLY
LINE OF HIGHWAY NO.1; THENCE
S23'39'28"W, ALONG SAID NORTH-
WESTERLY LINE, 113.82 FEET;
THENCE S53'53'27"W, ALONG SAID
NORTHWESTERLY LINE, 321.32 FEET;
THENCE N89' 43'45'W, 605.50 FEET, TO
A POINT ON THE WEST LINE OF THE
SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION
20; THENCE Noo'16'15"E, ALONG SAID
WEST liNE, 1003.96 FEET, TO SAID
POINT OF BEGINNING, SAID PARCEL
OF LAND. CONTAINS, 20.22 ACRES,
AND IS SUBJECT TO EASEMENTS
.toN}> _RE~TRICTI~.N~ ~~CO~D: ~ [,
CC-2 ZONE
COMMENCING AT THE NORTHEAST
CORNER OF R.H. DAVIS SUBDIVISION,
IN ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN BOOK 7, AT
PAGE 1, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S
OFFICE; THENCE S35'26'49"E, ALONG
THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218, A DISTANCE OF
162.11 FEET; THENCE S31'25'02"E,
ALONG SAID SOUTHWESTERLY LINE,
951.85 FEET, TO THE. POINT" OF
BEGINNING; THENCE CONTINUING
S31'25'02"E, ALONG SAID SOUTH.
WESTERLY liNE, 44Q.62 FEET;
THENCE S05'01'05"E, ALONG SAID
SOUTHWESTERLY LINE, 260.12 FEET;
THENCE S18'17'39"E, ALONG SAID
SOUTHWESTERLY LINE, 497.24 FEET,
TO A POINT ON THE EAST liNE OF
THE EAST ONE.HALF OF THE SOUTH.
WEST QUARTER OF SECTION 20,
TOWNSHIP. 79 NORTH, RANGE 6
WEST, OF THE FIFTH PRINCIPAL
\ MERIDIAN; THENCE SOO'13'40"W,
~ ALONG SAID EAST LINE, 5.60 FEET,
, TO ITS INTERSECTION WITH THE
NORTHWESTERLY LINE OF HIGHWAY
NO.1; THENCE S41'25'36"W, ALONG
SAID NORTHWESTERLY liNE, 349.83
FEET; THENCE S65'53'59"E, ALONG
SAID NORTHWESTERLY LINE, 160.25
FEET; THENCE S23'39'28"W, ALONG
SAID NORTHWESTERLY LINE, 102.16
FEET; THENCE NORTHWESTERLY,
104.12 FEET, ALONG A 150.00 FOOT
RADIUS CURVE, CONCAVE NORTH.
EASTERLY, WHOSE 102.05 FOOT
CHORD BEARS N09'34'17"W; THENCE
N10'18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET,
ALONG A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS
N03'08'26"E; THENCE S89'43'05"W,
331.93 FEET; THENCE NOO'16'55"W,
482.10 FEET; THENCE N62'56'13"E,
175.00 FEET; THENCE NORTHWEST-
ERLy' 203.93 FEET, ALONG A 1765.00
FOOT 'RADIUS CURVE, CONCAVE
SOUTHWESTERLY, WHOSE 203.82
FOOT CHORD BEARS N30'22'24"W;
THENCE N58'34'58"E, 265.34 FEET, TO
SAID POINT OF BEGINNING, CON-
TAINING 12.27 ACRES.
-AND-"'=' ~--.o ...~_ "- '-'-..--0
COMMENCING AT THE SOUTHWEST
CORNER OF THE EAST ONE-HALF OF
THE SOUTHWEST QUARTER OF S~.
TION 20, TOWNSHIP 79 NORTH,
RANGE 6 WEST, OF THE FIFTH PRIN-
CIPAL MERIDIAN; THENCE
S89'44'OS"W, ALONG THE SOUTH LINE
OF SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER, 1327.61
FEET; THENCE Noo'16'15"E, ALONG
THE WEST liNE OF SAID EAST ONE.
HALF OF THE SOUTHWEST QUAR.
TER, 708.65 FEET, TO THE POINT OF
BEGINNING; THENCE CONTINUING
NOO'16'15"E, ALONG SAID WEST LINE,
478.98 FEET; THENCE S89'43'45"E,
605.50 . FEET, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY
NO.1; THENCE S53'53'27"W, ALONG
SAID NORTHWESTERLY LINE, 91.91
FEET; THENCE S41'15'16'W, ALONG
SAID NORTHWESTERLY LINE, 34S.72
FEET; THENCE S62'03'39"W, ALONG
SAID NORTHWESTERLY LINE, 345.84
FEET, TO SAID POINT OF BEGINNING,
CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND
CONTAINS 16.0S ACRES, AND IS SUB-
JECT TO EASEMENTS AND RESTRIC-
TIONS OF RECORD.
RR-1 20NE
BEGINNING AT THE SOUTHEAST
CORNER OF LOT 2, OF R.H. DAVIS
SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN
BOOK 7, AT PAGE 1, OF THE
RECORDS OF THE JOHNSON COUN- ,
TY RECORDER'S OFFICE; THENCE
S88'S8'43"E, 143.89 FEET, TO A POINT
ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE
S31'2S'02"E, ALONG SAID SOUTH-
WESTERLY LINE, 520.41 FEET;
..lt1ENCE S58'34'5B".IY' 83.82 FEET, TO
rj.~\Lt
A POINT ON THE SOUTHERLY liNE OF
OLDE OAK LANE; THENCE NORTH. .
, WESTERLY, ALONG SAID SOUTHERLY
I liNE, 84.07 FEET, AND A 54.67 FOOT
: RADIUS CURVE, CONCAVE SOUTH-
WESTERLY, WHOSE 60.47 FOOT
CHORD BEARS N64'S9'26'W; THENCE
N08'52'23"W, 60.00 FEET, TO A POINT
ON THE NORTHERLY liNE OF SAID
OLDE OAK LANE; THENCE
S81'07'37"W,cALONG SAID NORTHER-
LY liNE OF OLDE OAK LANE, 291.84
FEET, TO THE SOUTHEAST CORNER
OF LOT 6 OF SAID R.H. DAVIS SUBDI-
VISION; THENCE N01'05'35"E, ALONG
THE EASTERLY LINE OF SAID R.H.
DAVIS SUBDIVISION, 450.S9 FEET, TO
SAID POINT OF BEGINNING. SAID
, PARCEL OF LAND CONTAINS 2.83
~ _ACRES, AND IS SUBJECT TO EASE-
MENTS AND RESTRICTIONS OF
RECORD.
2. The Parties acknowledge that Iowa
Code Section 414.5 (2005) provides that
the City of Iowa City may impose reason-
able conditions on granting an applicant's
rezoning request, over and above the
existing regulations, in order 10 satisfy
pul;>lic needs directly caused by the
requested change.
3. In consideration of the City's rezoning
the subject property, Owners agree that
development of the subject property will
conform to all other requirements of the
Zoning Chapter, as well as the following
conditions:
'1 a. Naples Avenue/Highway 1:
Turning lanes and a traffic signal at the
intersection of Highway 1 and Naples
Avenue wiU be constructed, as recom-
mended in the Traffic Impact Study dated
February 2005 submitted for this proper-
ty, prior to an occupancy permit being
issued for any Jot on the property. The
design of the turning lanes and street
pavement shall be included as part of a
final plat for the property, to be approved
by the City. Except for the City's reim-
bursement specified below, the develop-
er/subdivider shall install and fund:
All improvements on the
north leg of the Highway l/Napl~s
Avenue intersection;
All turn lanes improvements
for traffic turning north onto Naples
Avenue from Highway 1;
All improvements made to
align the south leg of Naples Avenue with
the north leg; and
the intersection traffic signal.
The City of Iowa City shall
reimburse to the developer/subdivider
installing such improvements:
20% of the cost of the inter-
section traffic signal improvements; and
100% of the cost for improve-
ments made to the south leg of Naples
Avenue.
Such reimbursement shall be
promptly made upon completion of these
improvements and acceptance by the
City. The developer/subdivider shall sub-
mit to the City receipts for the costs of
these improvements, which the City shan
use to determine the reimbursement.'
Said improvements are to be installed
and accepted by the City of Iowa City and
the Department of Transportation prior to
the issuance of an occupancy permit for
any lot in the development. Turn lane
improvements, if any, for traffic turning
south onto Naples Avenue from Highway
~ will.be the CiNs soleobligatio-'l....-
~ . os- -LI, \ \'l.\
b. ,- ---Naples'-Avenue-OElsign ancf"
Access: Naples Avenue north of Highway
1 will be constructed to collector street
standards, with a shared access point for
Lots 13 and 14, as numbered on the
MWD Davis Addition Concept Plan sub-
mitted to the City on February 17, 2005.
The access drives to Lot 2, the Intensive I
Commercial zoned'lot,.shaU,be.oPPosite.
this access poinl, and a second access
point may be located at the northern
edge of the Intensive Commercial zoned
area, to create predictable and consistent
access points with adequate queuing
storage on Naples Avenue.
c. Kitty Lee Road
Improvements: Prior to access being per-
mitted to Kitty Lee Road from a commer-
cially zoned portion of the OwOers' prop..
erty, Kitty Lee Road will need to be recon-
structed to City collector street standards
~ from Highway 1 to the northern most
commercial driveway. To determine if
Highway 1 left and right-turn lanes are
needed on Highway 1 and to determine
the appropriate design of such turn lanes,
a traffic study, to be approved by the City,
must be completed to predict turning
movements based on the proposed land
use of any of owners' commercial proper-
ty utilizing Kitty lee Road for access.
These Improvements and any other
improvements recommended by the traf-
fic study must be completed prior to an
occupancy permit being issued for any
commercial property within the Owners"
real estate using Kitty lee Road for
access.
d. Kitty lee Road Funding:
When an access to Kitty lee Road is pro-
posed for any commercial tot within the
Owners' reat estate with frontage on Kitty
lee Road, the developer/subdivider shall,
if not sooner reconstructed, improve Kitty
lee Road to City collector street stan-
dards between Highway 1 and the north-
ernmost commercial driveway. Upon City
acceptance of the reconstructed portion
of Kitty lee Road, the City shall promptly
reimburse the developer/subdivider
installing the improvements for 100% of
the cost of the paving for over-sizing the
street from a local to a collector street
and Ii) 25% of the cost of installing the
street (grading, paving, curbs, gutters
and storm sewers) to local street stan-
dards.' The developer/subdivider shall
submit to the City receipts for the costs of
these improvements, which the City shall
use to determine the reimbursement.
e. landscaping: The landscap-
. ing generally depicted on the preliminary
landscaping plan dated January 27, 2005
submitted to the City of Iowa City shall be
planted prior to the issuance of an occu-
. 'pancy:permit.for,anyJol:on_the;property.
The final design of said landScaping shall
be approved as part of final plat approval,
and shall be acceptable if it is either in
substantial compliance with the prelimi-
nary plan or a modified plan that may
also be acceptable to the City.
f. Fencing: The design of any fencing that
totals more than 150 feet in length along
the west boundary of the CI-1 zoned area I
shall include design enhancing features
at least every 100' that provide dimen-
sional and visual interest. Such design
enhancing features shall be subject to
approval as part of the site plan approval
process, which design approval shall not
be unreasonably withheld and shall not
require additional expenditures of more
than $7500 for each 100 feet of fence
(unless expense offsetting adjustments in
the January 27, 2005 landscaping plan
are approved by the City). No design
enhancing features will be required that
affect the functional utility of the fence for
the purposes for which it is erected
including, but .not limited to such func-
tions as security, screening, storage and!
or display for merchandize outside of the
, principal. builqil'lg~__
g~- Access 'Control:"No direcf
driveway access to Highway 1 is permit-
ted.
h. Sanitary Sewer Provision:
The sanitary sewer lift station to be pro-
vided on the property shall be'sized to
serve the proposed development with
potential to be upgraded to serve the
entire watershed. The design of this sani- I
tary sewer infrastructure shall be
approved as part of the approval of con-
struction plans to be submitted with a
final plat for the property.
i. Highway 1 Sidewalk: In lieu of
requiring the Owners to construct a side-
walk along the Highway 1 fron,tage, the
. Owners agree to deposit with the. City
before the first building permit is issued
""'---the sum of $18,000. Said amount is
intended as a contribution to the cost of
paving a sidewalk along the Highway 1
frontage of the Owners' property provided
the sidewalk Is installed within seven
years after the date of such deposit as
part of a walkway system on the north
side of Highway 1 connecting such side-
walk that may be installed on the Owners' # _
property in either an easterly or westerly
direction with.a Highway_1.wall<way sys-
tem. The City shall bear any cost for such
a sidewalk, if installed, in excess of the
$18,000 contribution. In the event that the
City's construction of such a sidewalk has
not commenced within seven years after
the date of the deposit of the funds with
the City, then the escrowed funds shall be
promptly returned to the Owner without
interest. The City may return the funds
sooner if it determines that no such side-
walk Is to be Installed. The City's failure to
install such a sidewalk within said seven
year period shall not preclude the City
from later installing a sidewalk and
financing such project by special assess-
ment and/or other manner permitted by
law.
4. Owners and City acknowledge that the
conditions contained herein are reason-
able conditions to impose on the land
under Iowa Code Section 414.5 (2005),
and that said conditions satisfy pUblic
needs which are directly caused by the
requested zoning change.
5. Owners and City acknowledge that in
the event the subject property is trans-
ferred, sold, redeveloped, or subdivided,
all redevelopment will conform with the
terms of this Conditional Zoning
Agreement.
6. The Parties acknowledge that this
Conditional Zoning Agreement shall be
deemed to be a covenant running with
. the land and with title to the land, and
shall remain in full force and effect as a
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 and bind all successors, representa-
tives and assigns of the Parties.
A'
~~
-------"
~.j ~ i Y
7. Owners acknowledge that nothing in
this Conditional Zoning Agreement shall
be construed to relieve the Owners or
future owners from complying with all
applicable local, state, and federal regu-
lations.
8. The Parties agree that this Conditional
Zoning Agreement shall be incorporated
by reference into the Ordinance rezoning
the subject property; and that upon adop-
tion and publication of the Ordinance, this
Agreement shall be recorded in the
Johnson County Recorder's Office a1 the
applicant's expense.
Dated this 5th day of July, 2005.
OWNERS
slJan Ellen Smith
slEricSmlth
slRobert A. Davis
slPatti Davis
slJames R. Davis
slBarbara Davis
CITY OF IOWA CITY
stErnest W, lehman, Mayor
slMarlan K. Karr, City Clerk
60465
July 13, 2005
'c
I ~ I
-_:. -ilia'..,
!~~~~
~"'T"'IIII.m-~
.....~ ~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4165
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
5th day of July, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on July 13th, 2005.
Dated at Iowa City, Iowa, this 9th day of August, 2005, ~
--q y.. "'-, ~Q'.\"',\)~~~
. , -.~ " ~-_ Juh Voparil
.-_-- ~~ -':;":-., Deputy City Clerk
_ .,. __'. 0#>. .
. ,""\, -.. ~ ;t..:. :
,,~ . ;?'.. ::
. . .
.:..:. .... :~.:.;"~:.- :..-,. .-
~ -
.
-,-" -. .,r.;'" .:
.-".....~
::,.
-~
~,O'5 - Wo;\Io5"'
r
Printer's Fee $ 10j'l<6
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper_I times(s), on the
following dates(s):
JIJ'~ I,~ :J-O()5
-'
~_O()-lAP -<'/J1~
Legal Clerk
Subscribed and sworn to before me
this I Lj-l-h day of ~
A.D. 20 ()<:;"
Y::A~~
. Notary Public
il UNDAKROlZ
v....:. . ,.~8
-"".
J
L,
OFFICIAL PUBliCATION
ORDINANCE NO. 05-4165
AN ORDINANCE APPROV.
ING A SENSITIVE AREAS OVERLAY
ZONE AND A SENSITIVE AREAS
DEVELOPMENT PLAN FOR MWD
DAVIS ADDITION
WHEREAS, the Applicants,
James Davis, Robert Davis, and Jan
Smith, have applied for approval of a
Sensitive Areas Development Plan for
MWD Davis Addition, approximately
50.04 acres of territory located north of
Highway 1, west of Highway 218, and
. east of Kitty Lee Road; and
WHEREAS, the Applicants'
engineer, MMS Consultants, has pre.
pared a Wetland Mitigation Plan for
I changes proposed to be made to the wet-
lands on the property, and the U.S. Army
Corps of Engineers has accepted and
approved the Wetland Mitigation Plan;
and
WHEREAS, the proposed
Sensitive Areas Development Plan
includes the wetlands as approved in the
mitigation plan, and includes wetland
buffers as required by the City of Iowa'
City; and
WHEREAS, the Planning and
Zoning Commission has reviewed and
approved of the wetland buffer averaging
as depicted on the Sensitive Areas
Development Plan, provided the planting
plan in the Wetland Mitigation Plan
includes the buffer area. The planting
plan has been updated to include the
buffer area.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL OF '
THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL A Sensitive
Areas Overlay zone is hereby <!ppr,ovecl
for the property described below"which is
currently zoned CO-l (10.92 acres), CI.1
(20.22 acres), CC-2 (16.05 acres), and
RR-1 (2.83 acres), and the associated
Sensitive Areas Development Plan and
associated Wetland Mitigation Plan are
hereby approved:
CO-1 ZONE: BEGINNING AT
THE SOUTHEAST CORNER OF LOT
11, OF R.H. DAVIS SUBDIVISION, IN
ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN BOOK 7, AT
PAGE 1, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S
OFFICE; THENCE N01'01'58"E, ALONG
THE EASTERLY LINES OF LOT 11, LOT
. 10, LOT 9 AND LOT 8 OF SAID R.H.
J DAVIS SUBDIVISION, 396.57 FEET, TO
THE SOUTHWEST CORNER OF LOT
12 OF SAID R.H. DAVIS SUBDIVISION;
THENCE S66'18'16"E, ALONG THE
SOUTHERLY LINE OF SAiD LOT 12, A
DISTANCE OF 75.75 FEET, TO THE
SOUTHEAST CORNER THEREOF;
THENCE N23'47'5S"E, ALONG THE
EASTERLY LINE OF SAID LOT 12, A
DISTANCE OF 199.n FEET, TO THE
SOUTHWEST CORNER OF LOT 18 OF
SAID R.H. DAVIS SUBDiVISiON'
THENCE S66'14'16"E, ALONG THE
SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE
SOUTHEAST CORNER THEREOF'
THENCE N23'42'17"E, ALONG THE
J EASTERLY LINE OF SAiD LOT 18, A
DISTANCE OF 129.56 FEET; THENCE
NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A
54.67 FOOT RADIUS CURVE, CON.
CAVE SOUTHWESTERLY, WHOSE
50.59 FOOT CHORD BEARS
N03'51'23"W; THENCE N58'34'58"E,
83.82 FEET, TO A POINT ON THE
SOUTHWESTERLY LINE OF HIGHWAY
NO. 218; THENCE S31'25'02"E, ALONG
, SAID SOUTHWESTERLY LINE, 343.30
FEET; THENCE SSS'34'SS"W, 265.34
FEET; THENCE SOUTHEASTERLY
L3~3:~3 FLET, ALONG A 1765.00 FOOT
~~.\""\~
.=i
-RADIUS 'CURVE, CONCAVE SOUTH,'
,WESTERLY, WHOSE 203.82 FOOT
I CHORD BEARS S30'22'24"E; THENCE
j S62'56'13"W, 175.00 FEET; THENCE
SOO"16'55'E, 424.04 FEET; THENCE.
S89'43'05"W, 639.14 FEET, TO A POINT
ON THE WEST LINE OF THE EAST
ONE.HALF OF THE SOUTHWEST
OUARTER OF SECTION 20, TOWN.
SHIP 79 NORTH, RANGE 6 WEST, OF
THE FIFTH PRINCIPAL MERIDIAN;
. THENCE NOO'16'15"E, ALONG SAIDI
lWES.T_L1NE, 120.D1 FEET; THENCE'
,N89'43'05"E, 250,13 FEET;-THENCEl
INoo'39'57"E, 321.57 FEET, TO SAID
POINT OF BEGINNING, SAID PARCEL I
'OF LAND CONTAINS 10.92 ACRES,
ANDIS SUBJECT TO. EASEMENTS
AND RESTRICTIONS OF RECORD.
CI,l ZONE: COMMENCING AT THE I
WEST QUARTER CORNER OF SEC,
TION 20, TOWNSHIP 79 NORTH, i
RANGE 6 WEST, OF THE FIFTH PRIN. I
CIPAL MERIDIAN, JOHNSON COUNTY, I
IOWA; THENCE N89'55'12"E, ALONG 1
THE NORTH LINE OF THE SOUTH-
WEST QUARTER OF SAID SECTION
20, A DISTANCE OF 1325.59 FEET;
THENCE SOO'16'15"W, ALONG THE
I WEST liNE OF THE EAST ONE-HALF
OF SAID SOUTHWEST QUARTER,
442.44 FEET, TO THE POINT OF
BEGINNING; THENCE N89'43'05"E,
639.14 FEET; THENCE SOO'16'55"E,
58.0S FEET; THENCE N89'43'05"E,
331.93 FEET; THENCE SOUTHWEST-
ERLY, 154.02 FEET, AND A 615.00 I
FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, WHOSE 153.62
., ,FOOT CHORD BEARS S03'08'26'W;
THENCE S1 O'18'54"W, 412.57; THENCE
SOUTHEASTERLY, 104.12 FEET,
ALONG A 150.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS
S09'34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY
NO.1; THENCE S23'39'28"W, ALONG
SAID NORTHWESTERLY LINE, 113.82
FEET; THENCE S53'53'27"W, ALONG
SAID NORTHWESTERLY liNE, 321.32
FEET; THENCE N89' 43'45'W, 605.50
FEET, TO A POINT ON THE WEST LINE
OF THE SAID EAST ONE.HALF OF THE
SOUTHWEST QUARTER OF SECTION
20; THENCE NOO'16'15"E, ALONG SAID
WEST LINE, 1003.96 FEET, TO SAID
POINT OF BEGINNING. SAID PARCEL
OF LAND CONTAINS 20.22 ACRES,
AND IS SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
CC'2 ZONE: COMMENCING AT THE
NORTHEAST CORNER OF R,H. DAVIS
SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN
BOOK 7, AT PAGE 1, OF THE
RECORDS OF THE JOHNSON COUN-
TY~RECORDER'S OFFICE; THENCE
S35'28'49"E, ALONG THE SOUTH,
WESTERLY liNE OF HIGHWAY NO.
'218, A DISTANCE OF 162.11 FEET;
THENCES31"25'02"E, ALONG SAID
SOUTHWESTERLY LINE, 951.85 FEET,
TO THE POINT OF BEGINNING;
THENCE CONTINUING S31'25'02"E,
ALONG SAID SOUTHWESTERLY LINE
440:SzoFEET;"THENCE S05'Ol'05"E:
ALONG SAiD SOUTHWESTERLY LINE,
26.0.12 FE.ET; THENCE S18"17'39"E,
ALONG SAID'SOUTHWESTERLY LINE,
497:24 FEET, TO A POiNT ON THE
EAST:l!.lNE OF THE EAST ONE-HALF
OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH,
RANGE 6 WEST, OF THE FIFTH PRIN.
CIPAL, MERIDIAN; THENCE
SOO'13'40"W, ALONG SAID EAST LINE,
5.60 FEET, TO ITS ti\lTERSECTION
WiTH THE NORTHWESTERLY LINE OF
IHIGHWAY NO. 1;TH.ENCE.54:1'25'36~,--"
~ ,O~- - '--'\!oS
(?:J'd,,~
-ALONG SAID NORTHWESTERLY LINE;
349.83 FEET; THENCE S6S'53'59"E,
ALONG SAID NORTHWESTERLY LINE,
'160.25 FEET; THENCE S23'39'28"W, I
ALONG SAID NORTHWESTERLY LINE,
102.16 FEET; THENCE NORTHWEST-
ERLY, 104.12 FEET, ALONG A 150.00
FOOT RADlUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 102.05
FOOT CHORD BEARS NOS'34'17"W;
THENCE Nl0'18'54"E, 412.57 FEET;
THENCE NORTHEASTERLY, 154.02
FEET, ALONG A 815.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, .
',~EARS-""
,N03'OB'26"E; THENCE S89'43'05"W,--
......:331.93 FEET; THENCE NOO'16'55'W,
482.10 FE!:T; THENCE N62'S6'13"E,
175.00 FEET; TflENCE NORTHWEST.
ERLY, 203.93 FEET, ALONG A 1765.00
FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, WHOSE 203.82
FOOT CHORD BEARS N30'22'24"W;
THENCE N58'34'58"E. 265.34 FEET, TO
SAID POINT OF BEGINNING, CON-
TAINING 12.27 ACRES,
.AND. COMMENCING AT THE
SOUTHWEST CORNER OF THE EAST
ONE.HALF OF THE SOUTHWEST
QUARTER OF SECTION 20, TOWN-
SHIP 79 NORTH, RANGE 6 WEST, OF
THE FIFTH PRINCIPAL MERIDIAN;
THENCE S89'44'05"W, ALONG THE
SOUTH liNE OF SAID EAST ONE.
HALF OF THE SOUTHWEST QUAR. I
TER, 1327.61 FEET; THENCE
NOO'1S'1S-E, ALONG THE WEST LINE
OF SAID EAST ONE.HALF OF THE
SOUTHWEST QUARTER, 708.65 FEET,
TO THE POINT OF BEGINNING;
THENCE CONTINUING NOO'16'15"E,
ALONG SAID WEST LINE, 478.98 FEET;
THENCE S89'43'45"E. 605.50 FEET, TO
A POINT ON THE NORTHWESTERLY
LINE OF HIGHWAY NO.1; THENCE
S53'53'27"W, ALONG SAID NORTH.
WESTERLY LINE, 91.91 FEET;THENCE
S41'15'16"W, ALONG SAID NORTH.
WESTERLY LINE, 345.72 FEET;
THENCE S62'03'39"W, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET,
TO SAID POINT OF BEGINNING, CON-
TAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND
CONTAINS 16.05 ACRES, AND IS SUB.
JECT TO EASEMENTS AND RESTRIC-
TIONS OF RECORD.
RR-' ZONE: BEGINNING AT THE
SOUTHEAST CORNER OF LOT 2, OF r
A.H. DAVIS SUBDIVISION, IN ACCOR-
DANCE WITH THE PLAT THEREOF
RECORDED IN BOOK?, AT PAGE 1, OF
THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE;
THENCE S88'58'43"E. 143.89 FEEl TO
A POINT ON THE SOUTHWESTERLY
LINE OF HIGHWAY NO. 218; THENCE
S31'25'02"E, ALONG SAID SOUTH-
WESTERLY LINE, 520.41 FEET;
THENCE S5S'34'58"W, 83.82 FEET. TO
A PDINTONTHE SOUTHERLY LINE OF
OLDE OAK LANE; THENCE NORTH.
WESTERLY, ALONG SAID SOUTHERLY
LINE, 64.07 FEET, AND A 54.67 FOOT
RADIUS CURVE, CONCAVE SOUTH-
WESTERLY, WHOSE 60.47 FOOT
CHORD BEARS N64'59'26"W; THENCE
N08'52'23"W, 60.00 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID
OLOE OAK LANE; THENCE
S81'07'37"W, ALONG SAID NORTHER.
LY,L1NE OF OLOE OAK LANE, 291.64
FEET TO THE SOUTHEAST CORNER
OF LOT 6 OF SAID R.H. DAVIS SUBDI-
VISION; THENCE N01'05'35"E, ALONG
THE EASTERLY LINE OF SAID R.H.
DAVIS SUBDIVISION, 450.59 FEET, TO .1
SAID POINT OF BEGINNING. SAID
PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS. SUBJECT TO EASE.
MENTS AND RESTRICTIONS OF
RECORD_
-SECTION-II-ZONING MAP. The
B.uJJdlng 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 CERTIFICATION AND
RECORDING. Upon passage and I'
~pproval of the ordinance, the City Clerk
l~ hereby authorized and directed to cer-
tify a copy of this ordinance and to record
th~ Wetland Mitigation Plan prepared for
thiS property and approved by the U.S,
Army Corps of Engineers and to record
the approved Sensitive Areas
. Development Plan, at the Office of the
County Recorder of Johnson County
1l?W8, at the owners' expense, aU as pr~
vlded by law. _
SECTION IV. REPEALER All ordi-
nances and parts of ordinances In conflict
with the provisions of this Ordinance are
hereby repealed.
~ECTro~~ SEVERAAILlTY, Ifanysec-
tlon, prOVISion or part of the Ordinance
shall be adjudged to be invalid Of uncon.-
stitutional, such adjudication shall not
affect'the validity of the Ordinance as a
whole or any section, provision or part
thereof not adjudged invalid or unconsti-
tutional.
SECTION VI EFFECTIVF.: DATE. This
Ordinance shall be in effect after its final ,
~ passage, approval and publication, as I
provided by law.
Passed and approved this 5th day of July,
2005.
Clerk
l.,.~O8O
slErnest W. Lehman, Mayor
Attest: slMarian K. Karr, City
July 13, 2005 I
~ - ----..--
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I ~ 1
-_:. ......!t
......~........
!~fNi!i
"'-.';'"",""'11II,'
.....~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240.1826
(319) 356.5000
[319J 356.5009 FAX
www.icgov.org
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4166
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
5th day of July, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on July 13th, 2005.
Dated at Iowa City, Iowa, this 9th day of August, 2005.
~
. ' S'..,,". ~'''''.\',,\J~....\)
. -'\, c:' ~ Julie . Voparil ....,
: ,,', : .~. \ \ Deputy City Clerk
." . .-'. -
. .
.. ~""".
."
~ -
.
.4
"- .,""
... - ......=- -,
.,' "..
':..- '.
':' ~ .~:
'.
~~, IY5 -w..\~\o
,
,
,
Printer's Fee $ i ~, '1-'8
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published ill said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
I times(s), on the
paper
following dates(s):
~I t--~ 13.; d-Od5
G7IOOA; ~
Legal Clerk
Subscribed and sworn to before me
this JI.1-/.h day of cl. Q'd-
A.D. 20 ()<::
~--=1/L ~
Notary Public
, UNDA KROTZ
i1 c....,_ Number 732619
. .... G..... . 'l'1 EJcpIres
....., WI. lIIllOI
,
I OFFICIAL PUBLICATION
ORDINANCE NO. 05-4166
AN 'OROINANCE TO REZONE
APPROXIMATELY 25.67 ACRES BY
AMENDING A PLANNED DEVELOp.
MENT HOUSING OVERLAY - LOW
DENSITY SINGLE-FAMILY RESIDEN-
TIAL (OPDH-5) PLAN IN ORDER TO
ALLOW ADDmONAL ZERO-LOT LINE
DWELLINGS FOR PROPERTY LOCAT.
ED ON WINTERGREEN DRIVE
WHEREAS, the owner, Third ~treet \
Partners; has requ~sted a rezoning to
amend a previously approved Planned I
Development Housing Overlay for por-
tions of the Village Green South i
Development; and I
WHEREAS, the approval of the amend~
OPDH plan will allow an increase In
development density; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed
amendments and has recommended
approval.
NOW, THEREFORE, BE IT
ORDAINEQ BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA: I
SECTION I APPROVAL The Planned
Development Housing Overlay plan for !
the property described below is hereby
i amended: -
'I
I '\ Beginning at the Southe~st c,omer of I
Vinage Green South Part Two, In accor-
dance with the Plat thereof recorded in
.1 Book 18, at Page 67. of the rec,ords of,the
,Johnson County Recorder 5 Office;
i Thence NQoo47'13"E, along the Easterly
line of said Village Green South Part Two,
i 988.7 feet, to the Northeast corner there-
i of and a point on the Southerly line of
I ViJJage Green Part XII, in accordance
with the Plat thereof recordea in Book 32,
lat Page 313. of the records of the
Johnson County Re<:order's Office;
Thence N89057'OO"E, along the
Southerly line of said Village Green Part
I XI!, a distance of 174.8 teet, to the
. Southeast corner thereof; Thence
NOOo03'OO"W, along the Easterly line of
I said Village Green Part XII, 84.8 feet;
Thence N08058'49"E, along said Easterly
line, 136.9 feet; Thence N39029'Ol "E,
along said Easterly line, 112.9 fee~, to its
intersection with the Southerly Rlght-of-
Way line of Village Road; Thence
i Southeasterly, along said Southerly
Right-of-Way line, 79.8 feet, and a 746.7
I foot radius curve, concave Northeasterly,
whose 79.7 foot chord bears
S53034'36"E to its intersection with the
Westerly 'Right-of-Way line of
Wintergreen Drive; Thence
Southeasterly, along said Westerly Right-
of-Way tine, 30.1 feet, and a 20.0 foot
radius curve, concave Southwesterly,
whose 27.3 foot chord bears
S13030'23"E' Thence S29037'26"W,
I along said Westerly Right-of-Way line,
17.8 teet; Thence Southwesterly, along
i said Westerly Right-of-Way line, 182.7
I feet, and a 295.0 foot radius curve, con-
cave Southeasterly, whose 179.8 foot
chord bears Sl1052'46"W; Thence
I S05051'54"E along said Westerly Right-
of-Way line, 48.0 feet, to a point on t~e
I -Westerly line ?f Village Green Part XX, I~
accordance With the recorded Plat there
. of; Thence Southeasterly, along said
I Westerly line, 87.7 feet, and a 525.4 foot
radius curve, concave Northeasterly,
~ whose 87.6 foot chord bears
S10038'47"E; Thence Southwesterly,
along said Westerly line, 30.9 feet, and a
20.0 foot radius curve, concave L
'Northwesterly, whose 27.9 foot chord _ I
bears S28049'5S"W; Thence
I S16054'29"E, along sai,d wes, ',erlY, line,
. SO.O feet; T~n.f.~~rtheas!er:lY, . along.
C?-.:J. \ \ ~
-
-,
"'said Wesrerlfline, 4:6 feet. aiKfa192.0
foot radius curve, concave Northwesterly,
whose 4.6 foot chord bears N72024'Ol"E;
Thence Southeasterly, along said
Westerly line, 29.1 feet, and a 20.0 foot
radius curve, concave Southwesterly,
. whose 26.6 foot chord bears
: S66035'50"E; Thence Southeasterly,
along the Southwesterly line of said
I. Village Green Part XX, 189.7 f~et, and a
525.4 foot radius curve, concave
Northeasrerly, whose 188.6 roor chord
bears S35014'41"E; Thence
Southeasterly, along said Southwesterly
line, 29.6 feet, and a 20.0 foot radIus
curve, concave Southwesterly, whose
127.0 foot chord bears S03013'01 "E;
Thence S39009'10"W, along said
Southwesterly line, a distance of 0.4 feet;
Thence S50050'50"E, along said
Southwesterly line, 55.0 feet; Thence
,Northeasterly, along said Southwesterly
line, 29.8 teet, and a 20.0 foot radius
curve, concave Southeasterly, whOse
27.1 foot chord bears N81047'11"E;
Thence Southeasterly, along said
Southwesterly line, 223.3 feet, and a
525.4 foot radius curve, concave
Northeasterly, whose 221.6 foot chord
bears S67045'24"E, to the Southeast cor-
'ner thereof, and a point on the Westerly
line of Village Green Part XIX; Thence
S10oQ4'01"W, along said Westerly line,
98.2 teet, to the Southwest corner there-
of, and the Northwest corner of Village
Green South Part 4B, in accordance with
the Plat thereof recorded in Book 34, at
'Page 41, of the records of the Johnson
County Recorder's Office; Thence
SOO034'35"W, along the Westerly line of
said Village Green South Part 4B, 93.4
feet; Thence 852021 '37"E, along said
Westerly line, 39.9 feet; Thence
S22038'14"W, along said Westerly line,
12B.1 feet; Thence S14051'41"E, along
said Westerly line, 112.0 feet; Thence
S52021'37"E, along the Southerly line of
said Village Green South Part 4B, 112.0
feet; Thence S89051 '32"E, along said
Southerly line, 112.0 feet; Thence
N52038'33"E, along said Southerly line,
84.7 feet; Thence N26051'20"E, along
I said Southerly line, 118.6 feet; Thence
S63008'40"E, along said Southerly line,
)' 30.0 feet; Thence S26051'20"W, along.
said Southerly line, 125.0 feet; Thence
i S63008'4Q"E, along said Southerly. line,
145.0 feet, to the Northwest corner of
I Village Green South Part 4A, in accor-
dance with the Plat thereof recorded in
! Book 34, at Page 40, of the records of . the
IJOhnSOn County Recorder's Office;
Thence S15029'Q2"W, along the Westerly
'line of said Village Green South Part 4A,
182.4 feet; Thence S60029'42''W, along
said Westerly line, 57.7 feet; Thence
S22059'47"W, along said Westerly Une,
115A feet; Thence S14030'08"E, along
\ said Westerly line, 115.4 feet; Thence
S52000'04"E, along the Southerly line of
said Village Green South Part 4A, 108.4
feet; Thence S85012'19"E, along said
Southerly fine, 88.8 fee1; Thence
S74038'34"E, along said Southerly Une,
1239.8 feet; Thence N03042'40"W, along
said Southerly line, 135.1 feet; Thence
1 Northeasterly, along said Southerly line,
24.4 feet, and a 150.0 foot radius curve,
r concave Northwesterly, whose 24.4 foot
chord bears N81037'34"E; Thence
S13002'12"E, along said Southerly line,
129.9 feet; Thence N61042'07"E, along
said Southerly line, 232.5 feet, to the
Southeast comer thereof, and a point on
the Westerly Right-at-Way line of Scott
i Boulevard; Thence Sooo50'33"W, along
. said Westerly Right-of-Way line, 600.5
, feet, to its intersection with the Northerly
I,"RIQht.of-waY-line-of--towa-tnterstate'--
Railway; Thence N610OQ'36", along said
\ NorthertY.1Iig~t-of~W~y !L~, 1878~!_,
~, oS- -Y;\~~
\?..j, d, ~ ~
to saJifpOINT OF'BEGrNNING: Sajd~
, Parcel of land contains 25.67 acres, and
is subject to easements and restrictions
of record.
SECTION II VARIATIONS The following
variations from the underlYjng low
Density Single-Family (RS-S) zone are
being .approved as part of this Planned
Development Housing Overlay approval:
8. Minimum lot area and rot
width requirements are being reduced for
~ Lots 80-97 and lots 106.125 as shown--
on the Planned Development Housing
Overlay plan;
b. Maximum building coverage
is being increased for Lots 80-97 and.
, Lots 106-125;
c. Minimum front yard setbacks p
are reduced for Lots 80-97 and Lots 106- I
125 as shown on the OPDH Plan; i
d. Zero lot line attached
dwellings are being permitted on Lots 80-
9? and Lots 106-125. .
SECTION III 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 the final passage,
approval and publication of this
Ordinance by law.
SECTION IV CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy
of this ordinance and a copy of the
amended OPDH Plan for this property,
and record the same in the Office of the
County Recorder, Johnson County, Iowa,
at the Owner's expense, upon the frnal
passage, approval and publication of this
'ordinance, as provided by law.
[SECTION V REPEALER. All ordinances
,and parts of ordinances in conflict with
;the provision of this Ordinance are here--
by repealed.
SECTION VI. SEVERABILITY If any
section, provi.sion or part of the
Ordinance shan be adjudged to be invalid
or unconstitutional, such adjudication
shall not affect the' validity of the
Ordinance as a whole or any section, pro-
vision or part thereof not adjudged invalid
or unconstHutionaL
SECTION VII EFFECTIVE DATE This
Ordi-nance shall be in effect after its final
passage, approv-al and publication, as
provided by law.
Passed and approved this 5th day of July,
2005.
stErnest W. Lehman, Mayor
Anest: slMarian K. Karr City Clerk
60081 July:13,2005
-.~-----
I ~ I
-.....:. -ilia'...
!~w!:'"!.
~-"'~"IIII''-
......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 fAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4167
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
5th day of July, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on July 13th, 2005,
Dated at Iowa City, Iowa, this 9th day of August, 2005,
C)
~'" '. ~~~ ", '\)
Julie ,Voparil ----
Deputy City Clerk
.-" ~: '.~
-"..-....:..( '........
....... .:... "-~
.~ .
,~ ~........... ....~:.
-~ *"'.:..... '''~'' -:. ':
. "',,.~ ~. ~;IO. .
: ~~ '<,r:_
'~.'~.'..:"- :;;~
-' -. .. ....
~
.. ~.,,", ~.
- .-.,--...:...,..,:~....
...... ",r
" "
-,
Printer's Fee $ 1&/.41.o
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
,
,
I, I
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a I
notice, a printed copy of which IS
hereto attached, was published in said I
paper I times(s), on the i
following dates(s):
.:Iv L~ / =3,/ J-IJO &)
I (2)~~~ L<.fVI.~
I Legal Clerk
Subscribed and sworn to before me I
this ILfih day of J<~
I
A.D. 20 0 <; \
~~;%~ .
Notary Public
,
_ '.INDA KfI01Z I
.~: C:c-;,C':o;on Number,....
,J.. ...- My G_ .~-.;7::::;::1 Exolres
Janu~ 27, 2003 !
i
I
I
,
1~' os- -~\\ol
]
r----- -~
I OFFICIAL PUBliCATION =-j ,
II ORDINANCE NO. 05-4167 -I .
AN ORDINANCE CONDITIONALLY I
,CHANGING THE ZONING DESIGNA-,
I TlON OF APPROXIMATELY 54 ACRES
FROM PUBLlCIINTENSIVE COMMER-
CIAL (P/CI-l) ZONE'TO COMMUNITY
COMMERCIAL (Cc-Z) ZONE FOR AVI- ,
ATION COMMERCE PARK I '
WHEREAS, the City of Iowa City has ini.
tiated a rezoning action for. Aviation
Commerce Park, approximately 54 acres .
of property located on Ihe north side of I
the Iowa City Municipal Airport; and \
WHEREAS, a retaH commercial develop-
ment has been proposed for the property,
and for retaff commercial development to
be permitted, the zoning designation
must be changed to Community I
Commercial (CC-2) zone; and
WHEREAS, the Planning and Zoning
Commission found that all the properties
abutting Aviation Commerce Park are
either commercial or Airport properties,
and changing from Intensive Commercial
to Community Commercial wilf n01 have a
negative impact on adjacent properties;
and
WHEREAS, the Planning and Zoning
Commission has recommended. condi-
tions related to landscaping, pedestrian
I connections, road improvern'm1ts, and
building design .In order to be consistent
I with the retail appearance and site design
policies enumerated in the South Central
District Plan; and
IWHEREAS, Iowa Code Section 414.5
~ (2OQ5) provides that the City of Iowa City
may impose reasonable conditions on
granting an applicant's request Over and
above existing regulations, in order to sat-
isfy public needs caused by the rezoning
request; and '.V .
WHEREAS, the owner acknowledges
that certain conditions and restrictions
are reasonable to' ensure the eVentual
development of the property is attractive
and accessible, provides adequate infra.
structure, and is designed to facilitate
reuse of large commercial structures.
NOW, THEREFORE, BE IT
ORDAINED BYTHE CITY COUNCIL OF : .
THE CITY OF IOWA CITY, IOWA: I
SECTION I APPROVAL Subject to the I
terms and conditions of the Conditional
Zoning Agreement, attached hereto and"
incorporated by reference herein, the
property described below is hereby
reclassified as follows:
All of Lots 1-17, Outlot A, and a portion of
Outlot C of the North Airport
Development Subdivision recorded in
Plat Book 43, Page 182, Johnson County
Recorders office; which is a portion of the
Northeast Quarter of Section 21 and the
Southeast Quarter of Section 16,
Township 79 North, Range 6 West of the
Fifth Principal Meridian, Iowa City,
. Johnson County, Iowa, further described
as follows:
Beginning at the North Duarter Comer of
Section 21; Thence N OO"35'32~ E 984.65 "
feet along the west line of the North
Airport Development;
Thence N 51"23'44~ E 59.53 feet to the
Southwesterly Right of Way of Ruppert
Road;
Thence Northwesterly 77.16 feet along a
curve, of the Ruppert Road Right of Way,
with a radius of 409,92 feet, concave
Northeasterly, a central angle of
10"47'06~, and a chord 77.05 feet in
length which bears N 36"11 '29" W;
Thence N 38"44'54" W along sai(j Right
. of Way 94.65 feet;
'?J, \ \-3
ThenceNOO'35'32~ Ealongsaid Right of"'"
Way 140.32 feet to the North line of the
North Airport Development;
Thence S 89"29'19~ E along said North
line 1041.99 feet;
Thence N 89"41'00" E atong said North
. line 636.50 feet;
Thence N 89"43'00" E along said North
line 491.70 feet;
Thence S 16"29'25" E along the East line.
of Lot 5, North Airport Development,
456.20 feet to the Southeast Corner of
LotS;
Thence S16'32'04~ E 217.42 feet to the
South line of the North Airport
Development;
Thence S 70"15'04~ W along said South
line 1033.22 feet; ,
Thence S 73"19'46' W along said South
line 1321.45 feet; .
Thence N 55"55'22" W 93.05 feet to a
point on the West line of the Northeast I
Quarter of Section 21;
Thence N 1'05'08" E 27.24 feet along the I
West line of the Northeast QUarter of '
Section 21 to the Point of Beginning. '
Said parcel contains 53.57 acres more'
or less. lots 1-4 of the North Airport
Development have been subdivided into
the North Airport Development Part Two
which is recorded in Plat 45 Page 91 of
the Johnson County ReCorders Office.
SECTION I[ ZONING MAP. The Building
-Inspector is hereby authorized and direct-
ed to change the Zoning' Map of the City,
of Iowa City, Iowa to conform to this
amendment upon fitial passage,
approval, and publication of this
Ordinance as provided by law.
SECTION III CONDITIONAL ZONING
AGREEMFNT Following final passage
and approval of this Ordinance, the
Mayor is hereby authorized and directed
to sign, and the City Clerk to attest, the
Conditional Zoning Agreement attached
hereto and incorporated by reference
herein. .
SECTION IV. CERTIFICATION AND
RECORDING Upon passage and
approval of the Ordinance and after exe-
cution of the Conditional Zoning
Agreement, the City Clerk is hereby
authorized and directed to certify a copy
of this Ordinance and the _ Conditional,
, ,
Zoning Agreement and to reoord the
'same at the Office of the County
l Recorder of Johnson County, IOWa, at the
owner's expense, all as provided by law.
SECTION V REPEALER All ordi-
t nances and parts of ordinances in con-
I flict with the provi-sions of this Ordinance
. are hereby repealed.
SECTION VI SEVERABILITY If any
section, provj-sion or part of the
Ordinance shall be adjudged 10 be invalid
or unconstitutional, such adjudication
shall not affect the validity of the
Ordinance as I a whole or any section,
provision or part thereof not adjudged
invalid or unconsti-tutional.
SECTION VII EFFECTIVE DATF This
Ordi-nance shall be in effect after its final
passage, approv-al and publication, as
provided by law.
Passed and approved this 5th day of July,
2005.
s1Ernest W. Lehman, Mayor
, Attest: slMaria~ K. Karr, City Clerk
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT Is made by and
between the C:ity of Iowa City, Iowa, as
Owner (hereinafter "Ownerj, and the
I_Ci~.otlQl!!~_City,_aJJlJJn[QipaLcorporation
and regulatory 'authority (hereinafter
'"City"), which expression shall include
their successors in interest and assigns;
and
L ___ ______ _._
~ ' <:)!S'" -<--H\"I
WHEREAS, the Owner is legal title hold-
er of property generally located on the
north side of the Iowa City Municipal
Airport along Ruppert Road, known as
A\li~t\on Commerce Park.; and
,WHEREAS, in recommending that
Aviation Commerce Park be rezoned to
; Community Commercial, CC-2 zone, the
Planning and Zoning Commission recom-
mended conditions to ensure develop-
ment is consistent with the retail com-
mercial appearance and site design poli-
cies in the South Central District Plan;
and
Thence N 55'55'22" W'93.05 teet to a
'point on the West line of the Northeast
'Quarter of Section 21;
I Thence N 1'05'08" E 27.24 feet along the
West line of the Northeast Quarter of
,Section 2110 the Point of Beginning.
) Said parcel contains 53.57 acres more or
: less. Lots 1-4 of the North Airport
Development have been subdivided into
the North Airport Development Part Two
which is recorded in Plat 45 Page 91 of
the Johnson County Recorders Office.
2. The Owner acknowledges that Iowa
Code Section 414.5 (2005) provides that
the City'may impose reasonable condi-
tions on granting a rezoning request, over
,and above the existing regulations, in
; order to satisfy public needs caused by
,the requested change.
3. In consideration of the City's rezoning
the subject property, the Owner agrees
that development of the subject property
will conform to all other requirements of
the Zoning Chapter, as well as the follow-
ing conditions:
A. As part of the public improve-
ments associated with the final plat, the
construction plans will show sidewalks to
be installed on Ruppert Road from
Highway 1 south to the pUblic sidewalks
along Ruppert Road in the subject prop-
erty, including a pedestrian crosswalk
~and' pedestrian signals at the Ruppert
Road/Highway 1 intersection.
B. Pedestrian walkways will be
provided to connect the principal build-
ings on each lot to each other and to the
public sidewalk system, to be identified
and reviewed as pa.rt of the site plan
nr.:iew p'rocess for each lot.
C. . Landscaping is required to
separate and define parking and vehicu-
lar use areas from the public right-of-way.
A landscaped area must be maintained in
all areas not taken up by required paving
lor building area, with groupings of low-
growing shrubs and ground plants to
define spaces and soften views into and
out of the area. Loading docks, outdoor
storage of materials and dumpsters must
be landscaped to be obscured from view
from the public right-of-way. All other City
tree !'lnd screening requirements in City
Code must be met. A landscaping plan
'meeting these goals is required to be
'submitted and reviewed as part of the
',site plan review process for each lot.
D. ; The prelimi~ary plat and con-
.str~tion plans associated with the final
I plat will indicate necessary improve-
: ments to Ruppert Road,. the Ruppert
; Road/Highway 1 intersection, and the
Rup'pert RoadlRiverside Drive intersec-
tion.
E. In order to facilitate adaptive
reuse of large retail commercial struc-
tures, to mode.rate the scale of large
buildings, and to ensure a compatible
appearance with o~,: ~fl!..mercjal shop.-
WHEREAS, the conditions recommend-
ed by the Planning and Zoning
Commission are related to landscaping,
pedestrian connections, street infrastruc-
. ture, and building design standards to
facilitate reuse of large commercial struc-
I tures and to moderate the sense of scale
, of large commercial structures; and
WHEREAS, Iowa Code Section 414.5
(2005) provides that the City of Iowa City
may impose reasonable conditions on
granting a rezoning request, over and I
above existing regulations, in order to
satisfy public needs that are directly
caused by the requested change in zon-
ing; and
WHEREAS, the.Owner agrees to use this
property in accordance with the terms
and conditions of a Conditional Zoning
. Agreement.
NOW, THEREFORE, in consideration of
the mutual promises contained herein,
the Parties agree as follows:
1. The City of Iowa City is the owner and
legal title holder of property legaJty
described as follows:
All of Lots 1-17, Outlot A, and a portion of
Outlot C of the North Airport
Development Subdivision recorded in
Plat Book 43, Page 182, Johnson
County Recorders office; which is a por-
tion of the Northeast Quarter of Section.
21 and the Southeast Quarter of Section
16, Township 79 North, Range 6 West of
the Fifth Principal Meridian, Iowa City,
Johnson County, Iowa, further described
as follows:
Beg'inning at the North Quarter Corner of
I Section 21; Thence N 00'35'32" E 9&4.65
feet along the west line of the North
,Airport.pevelopment;; ._.'
'Thence N 51'23'44~ E 59.53 feet to the
Southw,esterly Right of Way of Ruppert
Road;. ---
Thence Northwesterly 77.16 feet along S
. curve, of the Ruppert Road Right of Way,
with a radius of 409.92 feet, concave
l Northeasterly, a central angle of
'10'47'06", and a chord 77.05 feet in
length which bears N 36.11 '29" W;
Thence N 38.44'54" W along said Right
of Way 94.65 feet;
Thence N 00.35'32" E along said Righ1 01
. Way 140.32 feet to the North line of the
North Airport Development;
Thence S 89'29'19" E along said North I
line 1041.99 feet;
Thence N 89.41'00" E along said North
Une 636.50 feet; .
Thence N 89.43'00" E along said North
line 491.70 feet;
Thence S 16.29'25~ E along the East line
of Lot 5, North Airport Development,
456.20 feet to the Southeast Corner of
. LotS;
Thence S16'32'04" E 217.42 feet to the
South line of the North Airport
Development;
Thence S 70'15'04" W along said South
:line 1033.22 feet;
;Thence S 73'19'46' W along said South
i~321.45feet;
-- ----.
ping centers, any commercial structure
_ over 50,000 square feet in size witt com-
ply with the fol\a'Mng design standards:
1. FaltBdes and exterior walls:
a. For fSljlades that face public
streets and/or include public entrances,
faljlades over 100 feet in length shalt
incorporate wall projections or recesses
a minimum of three feet in depth for a
minimum of 20 contiguous feet, within
each 100 feet of faltBde length, and shall
extend over a minimum of 20% of the
faltBde. No uninterrupted length or fayade
may exceed 100 feet.
b. For faljlades that face public
streets or include public entrances, fea-
tures such as arcades (a covered walk-
way or pedestrian corridor), display win-
dows, entry areas, awnings, or similar
features must be used along at least
60% of the faltBde. Display windows need'
not provide views into the store.
~j. d, i:;>
2: -- -Detail -features: 'BLJildiiigs
shalt include detail and features that pro-
vide visual interest, reduce the percep-
tion of the mass of the butldlng, and pro-
vide a cohesive pattern to the building.
The building faltBde that faces a public
street or includes a public entrance shall
include no less than three of the ele-
ments listed below. At least one of these
elements shall repeat horizontally. All
" _these..eJements..shall:.rapeat_at-intervals;:."
of no more than 50 feet. It is encouraged
that these visual patterns are cohesive
with the articulation of the faftade:
a. Color change
- b. Texture change
c. Material module change
d. Expression 01 architectural or i
structural bay through a change in plane '
no less than 12 inches in width, such as '
an offset, reveal, or projection.
3. Roofs: Roofs shall have no
less than two of the features listed below:
a. Parapets concealing flat roofs
and rooftop equipment, such as HVAC
units from public view. The average
height of such parapets shalt not exceed
15% of the height of the supporting walt '
and at no point shall exceed one-third of I
the height of the supporting walt. Such
parapets shall feature a cornice treat-
ment.
b. Overhanging. eaves, extend-
ing no less than three feet past the sup-
porting walls.
c. Sloping roofs that do not
exceed the average height of the sup-
porting walls.
d. Three or more roof slope
planes.
4. Materials:
a. The building materials shall
be predominantly quality exterior building
materials, including brick, masonry,
stone, stucco, or textured concrete
masonry units. "Predominantly" is defined
as at least 75% of the exterior of the
entire building, but not necessarily of
each building walt.
b. The following exterior building
materials shall be used minimally or on
25% or less of the entire building but not
necessarily on each building wall:
i. Smooth-faced concrete block
ii. Pre-fabricated steel or vinyl
panels or sheets
5. Entryways: Each principal
building shalt have a clearly defined,
highly visible customer entrance with no
less than three of the features listed
below. Where additional stores are locat-
ed in the principal building, each store
shall have at least one exterior customer
entrance with no less than three of the
following features:
a. Canopy or portico
b. Overhang
c. Recess/projection
d. Arcade (a covered walkway
or pedestrian corridor)
e. Raised cornice parapet over
the door
1. Archway
g. Outdoor patio
h. DIsplay Window
i. Tile work and moldings that
are integrated into the building structure
, . and design
j. Integral planters or wing walls.
that incorporate landscaped areas and/or
places for sitting
4. The Owner acknowledges that the con-
ditions contained herein are reasonable. .
conditions to impose on the land under
Iowa Code Section 414.5 (2005) and that
said conditions satisfy public needs
caused by the requested zoning change.
5. The Owner acknowledges that in the
event the subject property is transferred,
sold, redeveloped, or subdivided, all
redevelopment will conform with the
terms of this Conditional Zoning
~g~~ment.. ___
~, oS - '-\\10'
~0' 3~
6:ThePariies acknowledge that this
Conditional Zoning Agreement shall be
deemed to be a covenant running with
the land and with title to the land, and
shall remain in full force and effect as a
covenant running with the title to the land
unless or untit released of record by the-
City. The Parties further acknowledge
that this Agreement shall Inure to the
benefit of and bind all successors, repre-
sentatives and assigns of the Parties.
7. The, Owner acknowledges that nothing
in this Conditional Zoning Agreement
shall be construed to relieve the owner or
future owners from complying with all
applicable local, state, and federal regu-
lations.
8. The Parties agree that this Conditional
Zoning Agreement shall be incorporated
by reference into the Ordinance rezoning
the property; and that upon adoption and
publication of the Ordinance, this
Agreement shalf l5e recorded in the
Johnson County Recorder's Office at the
City's expense.
Dated this 7th day of June, 2005.
CITY OF IOWA CITY AS OWNER
slRoss Wilburn, Mayor Pro Tern
Attest slMarian K. Karr, City Clerk
CITY OF IOWA CITY AS REGULATORY
AUTHORITY AND MUNICIPAL CORPO-
RATION
slErnest W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk
60082 July 13. 2005
I ~ 1
-_:. -ilia'...
!~I~~'"!.
~~~IIII''-
.......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4168
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
5th day of July, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on July 13th, 2005.
Dated at Iowa City, Iowa, this 9th day of August, 2005,
'.:::J
~ ~~~.~,\)
Julie , oparil '-.,
Deputy City Clerk
.. -~ ~ ~ ~ ~.~ ~:~..~
-", -r "::
~ ~"' ~ ... -
~- ......;; ,::..: rr~ . ~ l
..~ -.. "'" c :
.- -. ~. ,,;,.. ',:_ 5.."" ~
~ -
,- ..-..;;~
.-
-.........
.
-~
~-a.. , ~- 4( 10 ~
~
/0 OFFICIAL PUBLICATION
ORDINANCE NO. 054168
AN ORDINANCE AMENDING SECTION
14, CHAPTER 5. ARTICLE C, ENTI-
TLED "ELECTRICAL CODE;' OF THE
IOWA CITY CODE BV ADOPTING THE
2005 EDITION OF THE NATIONAL
ELECTRICAL CODE INCLUDING
ANNEX G WITH AMENDMENTS, AS
THE IOWA CITY ELECTRICAL CODE,
REGULATING THE PRACTICE, MATE.
RIALS AND FIXTURES USED IN THE
INSTALLATION, MAINTENANCE,
EXTENSION AND ALTERATION OF
ALL WIRING, FIXTURES, APPUANCES
AND APPURTENANCES IN CONNEC-
TION WITH VARIOUS ELECTRICAL
SVSTEMS, PROVIDING FOR THE
ISSUANCE OF PERMITS AND INSPEC-
TION OF ELECTRICAL INSTALLA.
TIONS AND THE COLLECTION OF
FEES; AND PROVIDING PENALTIES
FOR VIOLATIONS.
Be it enacted by the Council of the City of
Iowa CitY,-lowa:
SECTION -1.....SHORT TITLE This ordi-
nance shall be known as the Iowa City
Electrical Code, or Electrical Code, and
may be $0 cited.
SECTION II PURPOSE The purpose of
this ordinance is to adopt the 2005 edition
of the National Electrical Code as pre-
pared and .edited by the National Fire
Protection Association and to provide
certain amendments thereto, to provide
for the protection of the health, welfare,
and safety of the citizens of Iowa City,
Iowa; and to provide for its enforcement.
SECTION 111 SCOPE This ordinance
shall apply to and govern electrical work,
as defined in the Electrical Code, includ-
ing the practice, materials and fixtures'
used in the installation, maintenance,
extension and alteration of all piping, fix-
tures, appliances and appurtenance~ in
connection with any of the following:
wiring or piping on public or private elec-
trical systems, within or on any building or
other structure; and the practice and
materials used in the installation, mainte-
nance, extension or alteration of electrical
systems, to connect with any point of
public or private structure.
SECTION IV ADOPTION OF ELECTRI-
CAL CODE Sections 14-SC-1 through
14-SC-3 of the Code of Ordinances of the
City of Iowa City are hereby repealed and
the following new sections 14-SC-1
through 14-SC-3 are enacted in lieu
thereof.
SEC 14-5C-1 CODE-ADOPTED
Subject to the amendments described in
Section 14-SC-2 below, Chapters 1
through 9 including Annex G of the 200S
Edition of the National Electrical Code
are hereby adopted.
SEC 14-SC-2 AMENDMENTS The elec-
-trica1 code adopted by Section 14-5C-1 of_
this Code is hereby amended as follows:
A. Annex G of the 2005 National
Electrical Code, titled Administration
and Enforcement Is hereby adopted
and amended to read as follows:
A.1 Section 80.1 Scope, Modtfled by
lettering exl8t1ng text with a letter des-
Ignation (A) and adding new section
(8) as follows:
(B) Violations: It shall be unlawful for any
person, firm or corporation to construct,
enlarge, alter, repair, move, improve,
remove, convert or demolish, equip, use
or maintain an electrical system or equip-
ment or cause or permit the same to be
dE~~tion Qf this ~~.
Printer's Fee $ ~<h.3. 'lLP ,
i
,
CERTIFICATE OF PUBLICATION
STATE OF IOWA, I
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. In # 42-0330670 ,
I
I, I
,
Orlene Maher, being duly sworn, say I
that I am the legal clerk of the IOWA i
CITY PRESS-CITIZEN, a newspaper i
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper I times(s), on the
foM9wing dates(s):
.JLtl.1 Ij) ~')O5
~~ J/ i _lfYl cJ!iJi-/'
Legal Clerk
Subscribed and sworn to before me
this 14-1'" day of ~
A.D. 20 ()~
~?11&~ Notary Public
ii LINDA ((RO'Ie.
. . ~NUmbE:r732619
COi'Uf~ Expires
.IIrII8y ~. 2llO8
\?:j. \ \ ~
- A:2 Section 80.2 Definitions. MOdIfY by
deleting In Its entirety and Insert In
lieu thereof the following.
80.2 Definitions
Authority Having Jurisdiction. The
organization, office, or individual respon-
sible for approving equipment, materials,
an installation, or a procedure.
Chief Electrical Inspector. A Building
inspector who either Is the authority hav-
ing jurisdiction or is designated by the
authority having jurisdiction and is
responsible for administering the require-
ments of this Code.
E1ectricallnspector. A Building Inspector
authorized to perform electrical inspec-
tions.
A.3 80.9 Application. Modified by
adding parts "D" and "E" to SectIon
80.9
(D) Maintenance: All electrical systems
and equipment, both existing and new,
and all pariS thereof shall be maintained
in a proper operating condition in accor-
dance with the original design and in a
safe and hazard-free condition. All
devices'or safeguards which are required
by this Code shall be maintained in con-
formance with this Code. The owner or
designated agent shall be responsible for
the maintenance of the electrical system.
To determine compliance with this sub-
section, the' Building Official may require
any electrical system to be re-inspected.
(E) Moved'Bulldlngs: Electrical systems
and equipment which are part of build-
ings Of ,structures moved into or within
this juri~~1ction shan comply with the pro-
visions'o1:this Code for new Installations.
A.4 80.13 Authority: Modify by delet-
Ing (16) and'lnsert In lieu there of the
following' (16) and add new subsec-
tlonsI7,.18.,and 19.
(16) Each 'application for a waiver of a
specific -electrical requirement shall be
filed with the authority having jurisdiction
and shall be accompanied by such evi-
dence, letters, statements, results of
tests, or other supporting information as
required to justify the request. The
authority having jurisdiction shall keep a
record of actions on such applications,
and a signed copy of the authority having
jurisdiction's decision shall be provided
for the applicant. Expenses for test verifi-
cation required by the Building Inspector
shall be made at no expense to this juris-
diction.
(17) Stop Orders: When work is being
done contrary. to the provisions of this
Code, the Building Official may order the
work stopped by notice in writing served
on persons engaged in the doing or caus-
ing such work to be done, and such per-
sons shall immediately stop such work
until authorized by the Building Official to
proceed with the work.
(18) Connection After Order To
Disconnect: Persons shall not make con- '
nactions from any energy or power sup-
ply nor supply power to an electrical sys-
tem or equipment which has been dis-
connected or ordered to be disconnected
by the Building Official or the use of which
has been ordered to be discontinued by
the Building Official until the Building
Official authorizes the reconnection and
use of the electrical system or equipment.
(19) Unsafe electrical systems or equip- ,
ment are hereby declared to be public
-~,.---..-...--,-_....----...-
~ . ClS' - l.q", '6
~J' ~ ~ ~
-. --
nuisances and shan be abated by repair, I
rehabilitation, demolition or removal in
accordance with the procedures set forth
In the Uniform Code for the Abatement of
Dangerous Buildings, as amended, or an
alternate procedure as may be adopted
by this Jurisdiction. As an alternative, the
Building Official or other employee or offi-
cial of this jurisdiction as designated by
, '\he gcweming body may insti1:ute other
appropriate action to preVent, restrain,
correct or abate the violation.
, A.5 80.15 Delete Section 80.15 and
In..rt In lieu there of the following:
80.15 Appeals: See Section 14-5M
Appeals in the City Gode
A.S Delete Section 80.1710 Its entirety.:
A.7 In8ert 8 new Section 80.18
LIceMe8 as follows:
80.18 Ucenses: See Section 14-5L of
the City Code
A.a Delete 80.19 Permits and
Approvals: Modify by deleting In Ita
entirety and Insert 10 lieu of the follow-
Ing;
80.19 Permits:
(A) Permits Required: Except as
specified in subsection B of 1his Section,
no electrical work regulated by this Code
shall be installed, altered. repaired.
replaced or remodeled unless a separate
electrical permit for each building or
str~C!ure ha,s .first been ob.tained fr~m the I
BUlldmg OffiCial. - - --.I
(B) Exempt Work: An electrical permit
shall not be required for the following:
L Portable motors or other portable appli-
ances energized by means of a cord or
cable having an attachment plug end to
be connected to an approved receptacle
when that cord or cable is permitted by
this Code.
2. Repair or replacement of fixed motors,
transformers or fixed approved appli-
ances of the same type and rating in the
same location.
3. Temporary decorative lighting.
4. Repair or replacement of current-carry-
ing parts of any switch, contractor, control
device or contact device of the same type
and/or rating.
5. Replacement of any over-current
device of the required ampacity and inter-
rupt rating in the same location.
6, Repair or replacement of electrodes or
transformers at the same size and capac-
ityfor signs or gas tube systems. _
7. Temporary wiring for experimental pur-
poses in suitable experimental laborato-
ries.
8. The wiring for temporary the-
ater, motion picture or television stage
sets.
Exemption from the permit requirements
of this Code shall not be deemed to grant
authorization for any work to be done in
violation of the provisions of this Code or
any other laws or ordinanceS of this juris-
dictlon.
(C) Application for Permit:
1. To obtain a permit, the applicant shall
first file a written application on a form
furnished by the Code enforcement
agency, or its successor, for that purpose.
Every such application shall:
a. Identify and describe the work to be
covered by the permit for which applica-
tion is made.
b. Describe the land on which the pro-
posed work is to be done by legal
description, street addresS or similar
description that will readily identify and
definitely locate the proposed building or
work.
c. Indicate the use or occupancy for
which the proposed work is intended.
d. Provide plans, diagrams, computations
and specifications and other data as
required in subsection 2 of this Section.
e. The permittee, or authorized agent.
must sign the application.
t. Give such other data and information as
may be required by the Building Oflic\al~~ _
2. Subinlttal DocUments:
a. Plans, Diagrams. Etc.: Plans, specifica-
tions, engineering calculations, diagrams
and other data shall be submitted in one
or more sets with each application for a
permit. The Building Offlcial may require
plans. computations and specifications to
be prepared and designed by an engl-
Lneer or-architect.licensed,by.the.State.to.J
practfce as such.
b, Exception: The Building Official may
waive the submission of plans. calcula-
tions, etc., if the Building Official finds that
the nature of the work applied for is such
that review of plans is not necessary to
obtain compliance with this Code.
3, Information On Plans And
Specifications:
a. Plans and specifications shall be drawn
to scale upon substantial paper or cloth
and shall be of sufficient clarity to indicate
the location, nature and extent of the
, work proposed and show in detail that it
will c.onform to the provisions of this Code
and all relevant laws, ordinances, rules
.' and regulations.
b. Plans for buildings more than two (2)
stories in height of other than Groups R,
Division 3 and M Occupancies shall indi-
cate how required structural and fire-
restrictive integrity wiU be maintained
where a penetration will be made for elec-
trical and communication conduits, pipes
and similar systems.
'(0) Permitee:
1. An electrical permit may be issued to
any person holding a valid master electri-
cian license issued by the City, or to any
company who employs a duly licensed
master electrician on a fuU-time basis
who supervises the work of the electri-
cians during the company's normal busi-
ness hours.
2. A permit may be issued to the owner of
an existing owner-occupied single-family
dwelling, pursuant to a valid certificate of
occupancy and used exclusively for resi-
dential purposes, to do any work regulat-
ed by this Article in connection with said
dWelling and accessory buildings. The
owner must personally purchase all
material and perform all labor in connec-
tion with the permit. AU work shall comply
with this Article. Applicants for a home-
owner's permit shall pass the designated
exam before a permit may be issued.
3. The homeowner's test required in sub-
section B of this Section may be waived if
the applicant is a duly licensed electrician
in the Iowa City area with a minimum of a
journeyman status.
(E) Permits Issued
1. Issuance
a. The Building Official shall review the
application. plans and specifications, and
other data, filed by an applicant for a per-
mit. Other departments of this jurisdiction
may review the plans to verify compliance
with any applicable laws under tneir juris-
diction. When the Building Official finds
that the work described in an application
for a permit and the plans, specifications
and other data filed therewith conform to
the requirements of this Code and other
pertinent laws and ordinances, and that
all pertinent fees specified in Section
80.19 (G) of this Article have been paid,
the Building Official shall Issue a permit
to the applicant.
b. When the Building Official issues a per-
mit, the plans and specifications shall be
endorsed in writing or stamped
"APPROVED". Such approved plans and
specifications shall not be changed, mod-
ified or altered without authorization from
the Building Official, and all work regulat-
ed by this Code shall be done in accor-
dance w~h th~ ~pproved pl~n!l,. ..:._
c. The Building Official may Issue a permit
for the construction of part of an electrical
system before the entire plans and spec-
ifications for the whole system have been
submitted or approved, provided ade-
quate Information and detailed state-
ments have been filed complying with all
pertinent requirements of this Code.
However, the holders of such permits
shall proceed at their own risk without
assurance that the permit for the entire
building, structure or building service will
be granted. I
2. Retention Of Plans:
One set of approved plans, specifications
and computations shall be retained by
the Building Official until final approval of
the work is given. One set of approved
plans and specifications shall be returned
to the applicant and shall be kept on the [1
site of the building or work at all times
while the work authorized thereby is in
progress.
\, 3. Validity Of Permit: .
a. The issuance of a permit or the ~
approval of plans and specifications shall
not be construed to be a permit for. or an
approval of, any violation of any of the
provisions of this Code. or of any other
ordinance of the jurisdiction. Permits pre-
suming to give authority to violate or can-
cel the provisions of this Code or other
ordinances of the jurisdiction shall not be
valid.
1 b. The issuance of a permit based upon
plans, specifICations and other data shall
not prevent the Building Official from
thereafter requiring the correction of
errors in said plans, specifications and
other data, or from preventing building
operations being carried on thereunder
when in violation of these codes or o~ any l
other ordinances of this jurisdiction.
4. Expiration:
a. Every permit issued by the Building
Offlcial under the provisions of this Code
shall expire by limitation and become null
and void, if the building or work author-
ized by such permit is not commenced
within one hundred) eighty (180) days
from the date of such permit. or it the
building or work authorized by such per-
mit.is.suspended or abandoned at any
time after theworlfls. cOmmenced,for a
period of one hundred eighty (180) days.
Before such work can be recommenced,
a new permit shall be first obtained. an(t
I the fee therefor shall be one-half (112) the
amount required for a new permit for such
work, provided no changes have ,been
made or will be made in the original plans
and specifications for such wor1<; and pro-
vided further that such suspension or
abandonment has not exceeded one
year. In order to renew action on a permit
after expiration, the permittee shall pay a
new full permit fee.
b. A permittee holding an unexpired per-
mit may apply for an extension of the time
within which wol'k may be commeMed
under that permit when the permittee is
unable to commence work within the time
required by this Section for good and sat-
isfactory reasons. The Building Official
may extend the time for action by the per.
mittee for a period not exceeding one
hundred eighty (180) days upon written
request by the permittee Showing that cir-
cumstances beyond the control.of the
permittee have prevented action from
being taken.
5. Suspension Or Revocation:
The Building Official may, in writing, sus-
pend or revoke a permit issued under the
provisions of this Code if the permit was
issued in error or on the basis of incorrect
information supplied, or in violation of any
ordi~a!lce or r~ulation of the jurisdiction.
~. I::>S' - '-\\10 ~
(F) Insurance:' . .
Before any permit to pertorm electrical
work may be issued, the applicant shall
have on file with the Building Official a
copy of a certificate of insurance stating
the liability amounts of no Jess than three
hundred thousand dollars ($300,000.00)
property damage and five hundred thou-
sand dollars ($500,000.00) bodily injury.
The City shall be named as additional
insured. The policy shall also provide for
at least len (to) days' notice by the insur-
er to the City of termination of the policy
by the insured or insurer. Electrical per-
mits issued under subsections 80.19:0.1 i
& 2 of this Article shall be exempted from
this insurance requirement.
(G) Fees:
1. Permit Fees: The fee for each electrical
permit shall be as set forth by resolution
of City Council. .
2. Work Commencing Before Permit
Issuance: Any person who commences
work on a building, structure, electrical,
.- gas, mechanical or plumbing syst~m
before obtaining the necessary pennits
shall be subject to a fee equal to the
amount of the permit if a permit were
issued. This fee shall be collected
whether or not a permit is issued. The
payment of such fee shall not exempt any
person from compliance with all other: ';
provisions of-this Code or from any penal-
ty prescribed by law. .
Only the Building Official may reduce this
fee when it's demonstrated that an emer-
gency existed that required the work to
be done without a permit. .
3. Fee Refunds: The Building Official may
authorize the refunding of any fee paid
hereunder which was erroneously paid or
collected. The Building Official' shall not
authorize the refunding of any fee paid
except upon written application filed by
the original permittee within one hundred
eighty (180) days from the date of fee
payment.
(H) Inspections:
1. General:
a. All electrical systems and equipment
for which a permit is required by this ~de
shall be subject to Inspection by the bUlld-
_Jng official ann thAe~~ sy_s~ shall_
'""""""femain accessible and exposed for
inspection purposes until approved by the
building official.
b. It shall be the duty of the permit appli-
cant to cause the electrical system to
remain accessible and exposed for
inspection purposes. Neither the building
official nor the jurisdiction shall be Hable
for the expense of removing or replacing
any material to permit inspection. When
the installation of an electrical system
and equipment is complete, an additional
and final inspection shall be made.
Electrical systems and equipment regu-
lated by this code shall not be connected
to the energy source until authorized by
.the building official.
c. Approval as a result of an inspection
shall not be construed to be an approval
of a violation of the provisions of this code
or of other ordinances of the jurisdiction.
2. Inspection Requests:
It shall be the duty of the person doing
the work authorized by a permit to notify
the building officiaJ that such work is
ready for inspection. ~he building. official
may require that every request for Inspec-
tion be filed at least one working day
before such inspection is desired. Such
request may be in writing or by telephone
at the option of the building official. It shall
be the duty of the person requesting
inspections required by this code to pro-
vide access to and means for Inspection
o! such work.
3. - Operation Of ElectriCal,
Equipment:
The requirements of this section shall not
be construed to prohibit the operation of
any electrical system or equipment
installed to repJace existing equipment.
The request for I inspection of such
equipment must have been filed with the
buiJding official not more than forty eight
(48) hours after such replacement work is
completed and before any portion of such
electricaJ system Is concealed by any
permanent portion of the building.
4. Other Inspections:
In addition to the called inspections
required by this code, the building official
may make or require other inspections of
any work to ascertain compliance with
the provisions of this code and other laws
which are enforced by the code enforce-
ment agency or its successor.
5. Reinspections:
a. Incomplete Work: A reinspection fee
may be assessed for each inspection or
reinspection when such portion of work
for which inspection is called is not com-
plete or when corrections called for are
not made. This provision is not to be inter-
preted as requiring reinspection fees the
first time a job is rejected for failure to
comply with the requirements of this
code, but as controlling the practice of
calling for inspections before the job is '
ready for such inspection or reinspec- ,
tions.
b. Failure To Provide Plans, Access:
Reinspection fees may be assessed
when the approved plans are not readily
available to the inspector, for failure to
provide access on the date for which
inspection Is requested, for not complet-
ing the corrective acti?n~ from original
inspections or for deviating from plans I}.
requiring th~ approval of the building offi- U.
cia!.
To . obtain a reinspection, the applicant
shall file an application therefor in writing (
upon a form furnished for that purpose,
and pay the reinspect~on fee as. set by
resolution of city councIl. When remspec-
lion fees have been assessed, no addi-
tionaJ inspection' of the work will be per-
formed until the required fees have been
paid.
(I) Inspections: .
1. Energy Connections: An electn~1 sys-
tem or equipment regulated by thiS code
for which a permit is required shall not be
connected to a source of energy or power
until approved by the building official. I
Temporary. Connections: The
building official may authorize the tempo- I
rary connection of the electrical system or I
' equipment to the source of energy or I
power for the purpose of testing the I
equipment, or for use under a temporary j
certificate of occupancy. '
A.9 Delete Section 80.21.C
r Responsibility of the A~ortty Having
, Jurisdiction In its enUrety
A.10 Delete Section 80.23 Notice of
Violations In;1ts entirety
A.11 Delete Section 80.25.C
Notification In Its entirety
A.12 Delete SectIon 8o-25.E and
Insert In lIeu'of BO.25.E as mo(mled
BO.25.E Disconnection. Where a con-
nection is made to an Installation that has
not been inspected, as outlined in the
preceding paragraphs of this sectio~, the
supplier of lelectricity shalt immediately
report such 'connection to the Chief I
Electrical Inspector. If, upon subsequent '
inspection, it Is found that the in~~lIation
Is not in conformity with the pl'OV1Slons of ,
Article 80, the, Chief Electrical Inspector ;
_shall not!rY.the ~rson,firm, o~ c~!pora- .
~~.
~"\
~
tionmaking theiriStallatiOn-torectJfY'thell
defects ancl, if such work is not complet-
ed within f~een (15) business. ~ays, or a l
longer period as may be specifIed by the J
Chief Electrical Inspector, shall have the
authority to" cause the disconnection of
that portionof.the installation that is not in
conformity. .
A.13 Del.t.. Section 80.27
Inspector's QualtflcatJons In Its .ntl.....
tv - ;
A.14 Del.te SectIon 80.29 Liability for
Damages In Its entirety and Insert In I
lieu th.reof the following:
80.29 Liability: . '
(A) The Building Official, or an authorized
representative ,charged with the enforce-
ment; of this Code, acting in good faith
and without malice in the discharge of
duties, shall not be personally liable for
any damage ttiat may accrue to persons
or property as a resuJt of an act or by rea-
son of an aet or omission in the discharge
of duties.
(B) Th~ Code shall not be construed to
relieve or lessen the responsibility of a
person. owning; operating or controlling
any building, structure or building service
equipment therein for any damages to
persons or property caused by defects,
nor shall the Code enforcement agency
or its parent jurisdiction be held as
assuming such liability by reason of the
inspections authorized by this Code or
approvals issued under this Code.
A.15 I Delet. Section 80.31 In Its
.nUf8ty. .
A.16 ~ Delete Sec~on 80.33 In Its
entirety
A.17 I Delete 88CtIon 80.35 In Its !
.nUreIy t
B. Artlcl. 100, Delete the deflnltlon of
"Approved" end Insert In lI.u of the
following new deflnftlon: .
Approved: Materials, equipment and
method of construction; refers to approval
by the Building Official as the result of an
investig.ation and tlilst, conducted, by the
Building Offlclal, or by reason of accepted
principles or tests bY recognized authori-
ties, technical or scientific organizations.
Add the following new definitions:
App~ Agency: Estabtished and rec-
ognized agency regul~rty e~gaged. in
conducting tests or furOlshlng Inspection
services, when the agency has been
approved by the Building Official.
Building Code: The International
Building Codes promulgated by the.
International Code Conference, as adopt-
ed by this jurisdiction.. .
Building Official: The o~lcer or d~s~g-
nated authority charged With the adminIS-
tration and enforcement of this Code, or a
duly authorized representative.
Cod. Enforcement Ag.ncy:
Department, division ?r agency ~f this
jurisdiction charged WIth the function of
code enforCement and shall be under the
administration and operational control of
the Building Official.
Electrical Code: National Electrical
Code promulgated by the National Fire
Protection Association, as adopted by .
this jurisdiction.
Electrical work: All uses, installations,
alterations, repairs, removals, replace-
ments, connections, disconn~on and
maintenance of all premises wmng sys-
tems.
EI.ctrlclan, Apprentice: Person w~o
works under the supervision and gUid-
ance of a licensed journeyman or
licensed Master Electrician for the pur-
I pose of learning the electrical trade.
Electrician, Journeyman: Properly
licensed person who is allowed to per-
l form electrical work only under the super-
: vision of a licensed master eleclric~
~, C)~-- ~14, 6
\Eli"Ctrlcl8il,- Malntenance:-- 'Properly -I
licensed person who is a regular employ-
I ee of a manufacturing or industrial 6stab-
1liShment or a commercial or residential,!
, property managel!lent firm, who ~oes .
; electrical work, whIch do~s not reoUlre a
nermit as described bv this code, for that
J establishment or firm only, and who main-
! lains the existing electrical equipment
\ within the blJilding or group of buildings.
\ Electrician, Master: Properly licensed
person who undertakes or offers to
I undertake to plan for, layout, supervise or
r'perform electrical work with or without
I compensation. I
l Multiple oecupancy building: Building.
J having more than one tenant and ma~.be
, a single or mixed-use group as-classified I
by the Building Code.
Occupancy The purpose for which a
building, or part thereof, is used or is
intended to be used. I
Wet Location: Installations underground
or in concrete slabs or masonry in direct,
contact with the earth, and locations sub-
ject to saturation with water or other<liq- ,
uids" such as vehicle washing areas, and I
locations exposed to weather and unpro- ,
tected. A zone measured 1 ft. horizontally
and 8 ft. vertically from the rim and or
thresholds of all tubs and or showers will
\ be included. This zone is all encompass-
ing and includes the zone directly over
these types of installations.
C Section 210 521A\t2' Wall Soace'18
I herebY amended bv addinG an exC8O-
tlon to read a8 follows:
Exception: Those railings that are serv-
ing as a guardrail for hallways or. ~Ik-
ways which are of the open type railing.
~ n Section 210 52'C\t2} Island Counter
J Soaces III amended to read as fo1-
!2wIc .
(2) Island Counter Spaces. Recept~cle
outlets may be installed at each island
counter space upon the request of the
customer.
. E. Section 21052tCU3} Peninsular I
Counter SDaces Is deleted In Its
entirelY and Inserted In lieu of the fal-
I2wIng;
(3) Peninsular Counter Spaces. At least
two duplex receptacle outlets shall be
installed at the wall where the peninsular
counter space intersects the structural
walL A peninsular countertop is meas-
ured from the connecting edge. I
Exception: In lieu of the installation
above, A single duplex can be ins~lIed ,
where the pe,ninsurar count~r .sp~ce Inter- j
sects the structural- wall,' proViding an
1, additional duplex receptacle(s) would be ,
\ installed to maintain the required recepta- \
cle spacing as described in 210.52.C.1. ,
F. Section 21052'0} Bathroom8 Is J
I deleted In Its entirety and"I~~~d In
lieu of the followlna:
(D) Bathrooms. In dwelling
units, at least one wall receptacle outlet
shall be installed in bathrooms within 36
in. (914 mm) of the outside edge of each
basin. The receptacle outlet shall be
located on a wall that is adjacent to the
basin area, and above the rim of the
basin.
G. Section 210 52tH' Hallwavs Is
amended to read a8 follows'
, (H) Hallways. In all single and multifami-
ly dwelling units, hallways of 10ft (3.05
m) or more in length, or 30 or more
. square feet, shall have at least one
1 duplex recep'lacle outlet installed.
! For common corridors, hallways and exit
. accesses of multifamily dwellings, no
! point along this hallway shall be further
\ than 15 fe.et from ~rlY oner~c:!lP!,!!c!e,--
-AS used in'this'subs'ectlon;the haUfength
shall be considered the length along the
centerline of the hali without passing
, through a doorway.
H. Add a new SectIon 210 52tn Water
) Condltlonlna EaulDment to read as ,
'~ '
! (I) Water Conditioning Equipment. In
1 dwelling units, a receptacle for the water
I conditioning equipment shall be installed.
; It shall be installed within a 6' zone, and
in the same room. of where the said
equipment IS normally set.
: I. Section 210.70tAUn Habitable
..-_Rooms. Is deleted In Its entirelY and
I Insert In lieu thereof.
(1) Habitable Rooms. At least one wall
switch shall be installed controlling the
lighting outlet(s) in every habitable room
and bathroom, and conveniently located
within 5 foot of each main entry to that
room. The 5 foot measurement shalt be
measured from the doors edge.
Exception No.1: In other than kitchens
and bathrooms, one or more receptacles
controlled by a wall switch shall be per-
mitted in lieu of lighting outlets.
Exception No.2: Lighting outlets shall
be permitted to be controlled byoccupan-
cy sensors that are (1) In addition to wall
switches or (2) located at a customary
wall switch location and equipped with a,
manual override that will allow the sensor
to function as a wall switch.
J. Section 225.19tDU2} Vertical
Clearance If! deleted In Its entirelY and
Insert In lieu thereof.
(2) Vertical Clearance. The vertical
clearance of the final spans of feeders or
~'brat"iCh circuits to a building they supply
or from which they are fed, shalf be per-
mitted to be attached to the building. They
shall be kept not less than 3 ft (900 mm)
from windows that are designed to be
opened, doors, porches, balconies, lad.
ders, stairs, fire escapes, or similar loca-
tions. Vertical clearance of final spans
above, or within 3 ft (900 mm) measured
horizontally of, platforms, projections, and I
walking/and or sitting surfaces of a nomi- :
nal 6" board width or wider or any other I
surface from which they might be I
reached shall be maintained in accor.
dance with Section 225-18.
K Section 230.9lB\ Vertical Clearance
Is deleted In Its entirety and Insert In.
lieu thereof.
IB' Vertical Clearance. Service conduc-,
tors installed as open conductors or
multi-<:onductor cable without an overall'
outer jacket shall have a clearance of not
less than 3 ft (900 mm) from windows that
are designed to be opened, doors,'porch-
es, balconies, ladders, stairs, fire
escapes, or similar locations.! Vertical
clearance of final spans above, or within
3 ft (900 mm) measured .horlzontally of,
platforms, projeCtiOns; ana~\k\ngJand or .
sitting surfaces, of "a ,nominal 6". board .
width or wider.o_~.anY,.QthS!L_S~~9~ from
which they.rriight ,be..reacnedJ shall be
maintained in accordance- ,with,-Section,
230.24.8. ,- :-:.. , :;:.:.; ,~_/ ~
L Section 230 50 entitled Protection of '
Ooen Conductors and Cables-Aaalnst I'
Damaae Above Ground Is deleted
~.lnIt8 entiretY and Il'Isertln lieu thereof"
the followlna:~"" ...,.
230.50 Protect_19!1.~ Open
Conductors and CabJee.,t1l\galnst
1 Damage - Above Ground.~'....,~
~ __,__ l. ,.._....~"'l..._
~J' ~ ~
s-
Service-entrance conductors installed ;
above ground shall be protected against ,
physical damage as specified in
230.50(A) or (B).
~...(A) Service Cable.. Service cables,
where subject to physical damage, shall
be protected by any of the following:
(1) Rigid metal conduit
(2) Intermediate metal conduit
(3) Schedule 80 rigid nonmetallic conduit
(4) Electrical metallic tubing
(5) Other approved means
(B) Other Than Service Cable.
Individual open conductors and cables
other than service cables shall not be
installed within 3.0 m (10ft) of grade level
or where exposed to physical damage.
exception: No.1 Type Ml and Type MC
, cable shail be permitted within 3.0 m (10
. ft) of grade level where not exposed to
\ physical damage or where protected In
- accordance with 300.5(0).
Exception No.2: Rigid"nonmetallic con-
duit suitable for the location shall be
accepted in exposed installations in
lengths of 6 feet or less total.
M Section 23079 Ratino of Service-
D1sconnectlna Means Is deleted In Its
entirety and Insert In lieu there of the
followlna:
230.79 Rating of Service
Disconnecting Meal'ls. The serv~ dis-
connecting means shall have a rating not
less than the load to be carried, deter-
mined in accordance with Article 220. In
no case shall the rating be lower than
specified in (A), (8), (C), or (D).
(A) One-Clrcult In~II~lon. For instal~a-
lions to supply only limited loads of a Sin-
gle branch circuit, the service disconnect-
ing means shall have a rating of not less
than 15 amperes.
(8) Two-Circuit Installations. For instal-
lations consisting of not more than two 2-
wire branch circuits, the service discon-
necting means shall have a rating of not
less than 30 amperes.
(C) One-Family Dweliin~. Shall be
r sized according to the follOWing:
, (1) RPD.1 Service: For a single family
dwelling, and single dwelling unns locat-
ed in a multi*family dwelling structures,
which have up to 2500 square feet of fin-
ished floor space or space that could be
finished shall have a minimum 100 amp
rated over-current protection device. The
conductors supplying this service shall be
sized in accordance with Table 310.16 .
(2) RPD-2 Service: For a single family
dwelling, and single dwelling units locat-
ed in a multi-family dwelling structures,
which have 2500 to 5000 square feet of
finished floor space qr space that could
tl9,finished shall. have, a minimum 200
amp rated over-current protection device.
The' conductors supplying this service
shall be sized in accordance with Table
310.16.
(3) RPO-3 Service: For a single family
dwelling which has more Ihan 5000
square feet of finished floor space or
space that could be finished shall have a
minimum 400 amp rated over-<:urrenl pro-
tection device. The conductors supplying
this service shall be sized in accordance
with,Table310.15.B.6.
Exception: Single dwelling units located
in a multi-family dwelling structure with
provisions for gas fired appliance(s) only
(ranges, dryers, and heating) shal! have a
minimum of a 60 amp rated mam over-
current protection device. The condu~ors
supplying this feeder panel shall be SiZed
in accordance with Table 310.16 .
(D} All Others. For all other installations,
the service disconnecting means shall
have a rating of not less than 60
~mperes.
~
- --- I
N. Secl:lorl250.62 Groundlna Electrode 1
Conductor Material Is deleted In Its
entirety and insert In lieu thereof:
250.62 Grounding Electrode
Conductor Material. The grounding
electrode conductor shall be of copper.
The conductor selected shall be resistant
to any corrosive condition existing a1 the
installation or shall be suitably protected
against-corroslon;--The .conductor shall be
solid or stranded, insulated, covered, or
bare.
O. Section 250.64 entitled Groundlna l
Electrode Conductor Imrtallatlon Is f
"-"'--i
modffled bv amendlno SubSBCtIon fAl
and addlna an Exceotlon to read as
-
(A) Aluminum or Copper-Clad
Aluminum Conductors. Insulated or
bare aluminum or copper-clad aluminum
grounding conductors shall not be used
for any part of the grounding electrode
system.
Exception: Grounding Electrode
Conductors routed to the exterior of the
dwelling or structure shall not have more
than 24~ of the conductor exposed above
grade. When in excess of 24K one of the
following forms of protection will be I
approved; rigid metal conduit, intermedi- ,
ate metal conduit, rigid nonmetallic con- I
duit. ,
P. TABLE 250.66. entitled Groundlna i
Electrical Condut::tor for Alternatlna -
Current Svstems Is herebY amended
to read as follows.
Notes:
1. Where multiple sets of service-
entrance conductors are used as permit-
ted in Section 230-40, Exception No.2.,
the equivalent size of the largest service-
entrance conductor shall be determined
by the largest sum of the areas of the cor-
responding conductors of each set.
2. Where there are no serviC&-entrance
conductors, the grounding electrode con- ,
ductor size shall be determined by the:
equivalent size of the largest service- I
entrance conductor required for the load I
to be served. "
3. This table also applies to he derived
conductors of separately derived ac sys- :
terns. '
Q. 'Sectlon 250.104/B1 Other Metal I
Piolna Is amended to read as follows: I
(B) Other Metal Piping. Where installed I
in, or attached to, a building or structure,
metal piping system(s), including gas pip-
ing, that is likely to become energized
shall be bonded to the service equipment :
enclosure. The grounded conductor at the
, service. The grounding electrode conduc- :
' tor where of sufficient size. Or to the one
, or more grounding electrodes used.
The bonding jumper(s) shall be sized in t
accordance with 250.122, using the rat-
ing of the Service or Feeder Overcurrent
Protection Device for the dwelling or t
structure where the piping system is i
installed. The points of attachment of the
bonding jumper(s) shall be accessible. '
R. Set::tion 300 13.B Device Removal. Is
amended to read B9 follows'
(B) Device Removal. In all branch cir-
cuits, the continuity of the grounding,
grounded, and the ungrounded conduc-
tor(s), shall not depend on device con.
nections such as lamp-holders, recepta-
cles, etc., where the removal of such
devices would interrupt the continuity.
S. Section 314-21101 Boxes at Cellina-
Susoended lPaddle1 Fan Outlets Is
deleted entiretv
New Section 314-271D) Reoulred
locations for Celllna Fan Rated
Boxes Is Inserted In lieu there of to I
~_lCl.follows'_ .------1
~ S- - Lt\1o '8
sectlcln-31~27ml-RiKiiilred ["CiC8.tloris.....
tor Ceilino Fan Rated Boxes All boxes ,
used as lighting fixture outlets, and locat- i
ed. where a paddle fan can be installed,
shall be of the "Ceiling Fan Rated Type"
and.shall.comply with Article 422.18.A
and B.
Exception: In areas $uch as unfinished
basements, closets, hallways, garages. :
and bathrooms,-area$ Iisled above shall .
~ not be exempt if a ceiling (paddle) fan(s) \
I are installed in these areas.
1 T. Section 320.108 Eauloment
Groundina. Is amended to read as fol- ;
I2wo<
320.108 Equipment Grounding. Type l
! . AC Cable shall have an equipment
grounding conductor installed within the
sheath of all AC cables to adequately pro-
vide a low impedance path to ground to
facilitate the operation of the overcurrent
'protection device as required by Section
250.2.D
U. Section 330.108 Eauloment
,Groundina Is amended-to read as fal- ,
I2wo<
330.;08 Equipment Grounding. Type I
MC Cable shall have an equipment I
grounding conductor installed within the ,
sheath of all MC cables to adequately
provide a low impedallCe path to ground
to facilitate the operation of the over-cur-
rent protection device as required by
Article 250.
V. Section 334.10 Use9 Permitted. 18
deleted It Its entlretv and Insert In lieu
I there of the followln9:
334.10 Uses Permitted.
Type NM, Type NMC, and Type NMS
cables shall be permitted to be used in
the following:
(1) One- and two-family dwellings.
(2) Multifamily dwelllngs permitted to be
ofT ypes 111, IV, and V construction except
as prohibited in 334.12.
(3) Cable trays, where the cables are
identified for the use.
FPN No.1: Building constructions are
defined in NFPA 22(}.1999, Standard on
I Types of Building Construction, or the
applicable building code, or both.
FPN No.2: See Annex E for determina-
tion of building types (NFPA 220, Table 3-
'I.
w. Section 34812 Uses Not Permitted.
19 deleted in its enDrew and In fnSBrt
thereot the followln9'
SectIon 348.12 Uses Not Pennltted
(FMC) shall not be used in the following:
1. In wet locations.
2. In hoist-ways. other than as permitted
in Section 620-21(a)(1).
3. In storage-battery rooms.
4. In any hazardous (classified) location
other than as permitted in Sections
501.4.B and 504.4.20 .
5. Where exposed to materials having a
deteriorating effect on the installed con-
ductors, such as oil or gasoline.
6. Underground or embedded in poured
concrete or aggregate.
7. Where subject to physical damage.
1 8. Concealed within walls or ceiling
assemblies (including drop ceilings) in
lengths greater than 6' unless fished in
undisturbed existing interior or exterior
walls or approved prior to the installation.
X. Section 518 4/Bl Nonrated
Construction Is herebY amended to
read as follows:
(8) Non-rated Construction. In addition
to the wiring methods of 518.4(A), electri-
cal nonmetallic tubing, and rigid non-
metallic conduit shall be permitted to be
installed in those buildings or portions
thereof that are not required to be of fire-
rated construction by the applicable build.
!~~5~~ ------'
<?-J' S-i~
.-'Y.-SeCtkii16B6."4l a;;;mencv Switch
for Soas and Hot Tubs. Is herebY
amended to read as tallows:
680.41 Emergency Switch for Spas
and Hot Tubs. A clearly labeled emer-
gency shutoff or control switch for the
p.urpose of stopping the motor(s) that pro-
.vlde .power to the re-circulation system
I and Jet system shall be installed readily
accessible to the users and at least 5 ft
(1.52 m) away, adjacent to, and within
sight of the spa or hot lub. This require-
ment shall not apply to privately owned
r- uni~ I.oc~t~d in single-family dwellings
and In IndIVidually owned dwelling units of
multi-family complex(es).
SECTION V 14.5C-3 PENALTIES FOR
VIOLATIONS Violations of this Article
shall be a Municipal Infraction punishable
by a penalty as provided for in subsection
1-4-20 of this code.
SECTION VI. REPEALER' All ordi-
nances and parts of ordinances in conflict
with the provisions of this Ordinance are
hereby repealed.
SECTION VII SEVERARILlTY' If any
section, provision or part of the
Ordinance shaJJ be adjudged to be invaJjd
or unconstitutional, such. adjudication
sha!1 nol affect the validity of the
~~lnance as a whole or any section, pro-
j VISion or part thereof not adjudged invalid
or unconstitutional.
SECTION VIII EFFECTIVE DATE' This
Ordinance shall be in effect on August 1,
2005.
Passed and approved this 5th day of July;
2005. '
.slErnest.W..Lehman,.Mayor__._ _-"'---"'==--'
Attest: slMarian K. Karr, City Clerk
60084 . July 13, 2005
~
I ~ 1
-_:. -ilia'
!~~!:tr.
....;;:..~...IIII.'-
...... ..
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4169
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
5th day of July, 2005, all as the same appears of record in my office and published in the
Iowa City Press-Citizen on July 13th, 2005,
Dated at Iowa City, Iowa, this 9th day of August, 2005.
~~~~
Julie . Voparil ~
Deputy City Clerk
." ~ ;:: ".
.,;...r:, .#
,,;, . - -..... -.....
. -, ---;...;::.:- ",,;
- ~ -~- :.. ~
: ,,-,{.::.- --:'.", ':.
~ ....~ ........... .;-: -
. ."....~ ~
,__~ -.. ..:,.1 .:_ :.:-s :
< -
~
'", ...
- -..~- .
-~
-
~
OJ -<..1t to '\
,
. OFFICIAL PUBLICATION
OFFiCIAL pi
~ ~,\\ IS-
Printer's Fee $_\ , '?> 33. 'iSD
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
i
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
. CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said I
paper~ . times(s), on the,
I
following dates(s): I
~
--J..\..(t. \3);tl'lt\5 \
,
~~C),.o ~Q.A')
Legal Clerk
Subscribed and sworn to before me \
this -1 5 j" day of r-l,,~ I
I
A.D. 20 n<
I
,
~~ I
,
I
Notary Public \
I
,
~ LINDA KRon I
~ C<ln._, Number 732Il111
. . My Com..Jt II c,n ExplreB ,
.Jn8y ZT, 2llO8
,
I
I ORDINANCE NO, 05-4169
AN ORDINANCE REPEALING Crt'( CODE TITLE 12, CHAP-
TER 4 EN11TLED BROADBAND TELECOMMUNICATIONS
FRANCHISE ENABLING ORDINANCE, AND ADOPTING A
NEW CHAPTER 4,
WHEREAS, the City has negotiated an extension of the fran-
chise agreement with MCC Iowa LtC, pursuant to the
Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act ot 1992, and the
Telecommunications Act of 1998. and
WHEREAS, it is deemed in the interest of the City to prOVide
for continuing cable television service to its residents, and
WHEREAS, the existing Broadband Telecommunications
Franchise Enabling Ordinance needs to be updated due to
changes in Federal law. the cable extension and the name
change of the Iowa City Telecommunications Commission,
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN.
CIL OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. AMENDMENT. Title 12, Chapter 4 of the City Code
s hareby repealed and a new Title 12, Chapter 4 Is adopted as
foUows:
CHAPTER 4. CABLE TELEVISION
DIVISION 1. ENABLING ORDIN..NCE
Sec. 12-4--1:
Sec. 12-4-2:
Sec. 12-4-3:
Short Title
Definitions
cable Television Administrator and Iowa City
Telecommunications Commission
Sec. 12-4-4: Regulatory Jurisdiction and Procedures
Sec. 12-4-5: Significance of Franchise
Sec. 12-4-6: The Cable Television Franchise
Sec. 12-4-7: Operation of Franchise
Sec. 12-4-8: Rights Reserved to the City
Sec. 12-4-9: Applications for Franchise
Sec.12-4-1(}: Acceptance and Effective Date of Franchise
Sec. 12-4-11: Termination of Franchise
Sec. 12-4-12: Reports and Records of the Grantee
Sec. 12-4-13: Franchise Payment
Sec. 12-4-14: Liability and Indemnification
Sec. 12-4-15: Bonds
Sec. 12-4-16: Fees, Rates and Charges
Sec. 12-4-17:Pubtic, Education and Government COnnection to
Cable Television System
Sec. 12-4-18: Interconnection oi Networl<.
Sec. 12-4-19: Construction Timetable for Initial Construction
Sec.12-4-2O: Construction Timetable ror Rebuild Construction
Sec. 12-4-21: Network Description
Sec. 12-4-22: Networl<Technical Requirements
Sec. 12-4-23: Performance Measurements
Sec. 12-4-24: Construction Standards
Sec. 12-4-25: Erection. Removal and Common Use of Poles
Sec. 12-4-26: Construction Reporting Requirements
Sec. 12-4-27: Channels to be PrOllided
Sec. 12-4-28: Conditions of Street Occupancy
Sec. 12-4-29: Unauthorized Connections or Modifications
Sec. 12-4-30: Preferential or Discriminatory Practices
Prohibited
Installations, Connections. and Other Services
Service Calls and Complaint Procedures
Transfer
Publications Costs
Ordinances Repealed
Separability
Time is of the Essence to this Ordinance
No Waiver of Rights
s.c. 12....3':
Sec. 12-4-32:
Sec. 12-4-33:
Sec. 12-4--34:
s.c. 12....35:
s.c,'2....36:
Sec. 12-4-37:
Sec. 12-4-38:
DMSION 2. RATE REGULATIONS
Sec. 12-4-39: Rate Regulation Proceedings
Sec. 12-4-40: Certification
Sec. 12-4-41: Notification of Changes
Sec. 12-4-42: Cable Official
Sec. 12-401: Short title.
This article shall be known and may be cited as the Cable
Television Franchise Enabnng Ordinance.
Sec.12-4-2: Deflnltlons.
For the purpose of this article the following terms, phrases and
words and their derivations shall have the meaning specified.
herein. When not inconsistent with the context, words used in
the present tense inClude the future and words in the singular
number include words in the plural number.
Access or public, govemment. and educational access cnan-
no/s shall mean public. educational, government, library, and
I University access, channels.
, Additional S6rvic8 shall mean a subscriber service provided
, by the Grantee ror which a specIal Charge is made based on pro-
j gram or service content, time or spectrum space usage.
Annual gross revenues means all revenue received by the
Grantee from all sources in connection with the operation of
Grantee's cable television system. Gross revenues shall
include. without limitation, amounts for aU cabte seNice, i\'\clud-
ing but not limited to. basic service and tier service, premium
and pay-per-view services, advertising. leased acceS$, insta"a--
tlon and all other revenues derived from the. operation of
G
~~~~~~--~~~~ ~- ~~~-~
~, oS- -'-\~\o~
----.._,-,-
UBLiCATION
OFFICIAL PUBliCATION
OFFICIAL PUBliCATION
q " -
.:j. o(\\~
OFFICIAL PUBLICATION
OFFICIAL PUBLICATION
Grantee's cable television system. Gross revenues shall not
deduct the following: (1) any operating expense, (2) any accru.
ai, including without limitation, any accrual for commissions or
(3) any other expenditures, regardless of whether such expense,
accrual or expenditure reflects a cash payment, but revenue
shall be counted only once in determining Gross Revenue.
Gross revenues shall also include the revenue of any affiliate,
subsidiary, parent, or any person or entity in which each Grantee
has a financial interest, derived from the operation of the cable
television system for advertising, or for any other business oper-
ation of the cable television system, to the extent such revenue
is derived through any means that has the effect of avoiding the
payment of franchisee fees that would otherwise be paid to the
Grantor. Revenues of both Grantee and an affiliate, subsidiary,
parent, or any person or entity in which the Grantee has a finan-
cial interest that represent a transfer of funds between them and
that would constitute gross revenues of both the Grantee and
, the affiliate, subsidiary, parent, or any person or entity in which
the Grantee has a financial interest shall be counted only once
for purposes of determining gross revenues. Gross. revenues
shall not include franchise fees, any other fee, assessment,
sales or other similar tax imposed by law on subscribers or that
Grantee is legally obligated to collect. . ''''
Basic subscriber television services or basic services means
a separately available basic service tier to which subscription is
required for access to any other tier of service. Such basic serv-
ice tier shall, at a minimum, consist of the following: all signals
carried in fulfillment of the Cable Act, Sections 614 and 615; any
public, educational, and governmental. access. progrn~!Tling
required in this ordinance or the franChise; any slgnal.,of;any tel-
evision broadcast station that is provided by the cable operator
to any subscriber, except a signal which is seconda~_IYJ~ansmit-
ted by a satellite carrier beyond the local ~ervice area of such'!,:.
station. Additional signals may be added to the basic tier by the
Grantee. ..,. 'v""
Cable service means the one-way transmission, to sub-
scribers of (i) video programming, or (ii) other programming
service, and (ii) subscriber interaction, if any, which is required
for the selection (or use) of such video programming or other
programming service or as otherwise provided by law or regu!a-
tion.' -
Cable television system channel capacity means the highest
total number of cable television chc:1nels on which television sig-
nals from separate sources may be delivered downstream
simultaneously to every s~'''':~riber in the network. The network
may have additional channel capacity for specialized or discrete
purposes, but the technical performance specified shall not be
materially degraded thereby.
Cable television channel means a portion of the electromag-
netic frequency spectrum which is used in a cable system and
which. is capable of delivering a television channel as defined by
the Federal Communications Commission.
Cable television system or cable system, also referred to as
system, means a facility, consisting of a set of closed transmis-
sion paths'and associated signal generation, reception and con-
trol equipment that is designed to provide cable service which
includes video programming and which is provided to multiple
sub-scrihQrs within a community, but such term does not include
(A) a facility that serves only to retransmit the television signals
of one or more television broadcast stations; (6) a facility that
serves subscribers without using anypubUc rights-of--way; (C)
a facility of a common carrier which is subject, in whole or in
part, to the provision of Title II of the Cable Act, except that such
facility shall be considered a cable system to the extent such
facility is used in the transmission of video programming direct-
ly to subscribers; or (0) any facilities of any electric utility used
solely for operating its electric utility systems; Cable television
system, for the purpose of this Article, shall include faciUlies
owned or operated by a person providing cable service or multi-
ple channels of video programming to subscribers on private
property that receive cable service or multiple channels of video
programming in whole or in part via cable, fiber or other wires or
lines that are within the pubHc-rights-of-way regardJess of
whether the person providing cable service or multiple channels
of video programming on private property receives video pro-
gramming transmission service, cable service, or other multiple
channel video service from a common carrier pursuant to tariff
or otherwise or other person that retains the ownership, control
and responsibility for all facilities located outside of the private
property line.
Channel frequency response means within a cable television
channel, the relationship as measured at a subscriber terminal
between amplitude and frequency of a constant-amplitude input
signal at all specified frequencies within each channel.
City shall mean the City of Iowa City, Iowa, its officers and
employees unless other-wise specifically designated, the area
within the territorial City limits of the City and such territory
presently outside the City limits over which the City may assume
jurisdiction or control by virtue of annexation.
Closed-circuit or institutional service means such video, audio,
data and other services provided to and between institutional
users. These may include, but are not limited to, one-way video,
two-way video, voice, audio or digital signals transmitted among
institutions and/or to residential subscribers:
Commence operation means operation will be considered to
have commenced when ,sufficient distribution facilities have
been in-stalled so as to permit the offering of full network serv-
ices to at least twenty-five (25) percent of the dwelling units
located within the designated service area.
Commission refers to the Iowa City Telecommunications
Commission.
Communications Policy Act or Cable Act means the Cable
Communications Policy Act of 1984,the Cable Television
Consumer Protection and Competition Act of 1992, and the
Telecommunications Act of 1996 as it may be amended or suc-
ceeded.
Complaint means an oral or written indication from a sub-
scriber of a problem with any aspect of cable service.
Contiguous shall mean abutting or within two hundred (200) feet.
Council shall mean the City Council of the City of Iowa City,
and any legally appointed or elected successor or agency.
Data grade shall mean coded transmissions primarily digital
in nature.
Days shall mean business days.
Downstream means the direction of trans-mission over the
cable television system from the head end or hub to a sub-
scriber's terminal.
Drop shall mean a coaxial connection from feeder cable to
the subscriberluser television set, radio or other terminal.
Fair market value means the price that a willing buyer would
pay to a willing seller for a going concern based on the system
valuation prevailing in the industry at the lime.
FCC shall mean the Federal Communications Commission
and any legally appointed or elected successor.
Aber means a transmission media of optical fiber cable
capable of carrying transmissions by means of light-wave
impulses.
Fiber Node means the local transition point between the
fiber distribution portion and the coaxial distribution portion of
the. upgraded cable communications system.
Franchise means a franchise contract entered into volun-
tarily by the Grantee, containing the specific provisions of the
franchise granted, including referenced specifications, franchise
proposal, applications and other related material. The franchise
granted pursuant to this ordinance grants the nonexclusive
rights to construct, operate and maintain a cable communica-
tions system along the streets and public ways and grounds
within all or a specified area in the City. Any such authorization,
in whatever form granted, shall not mean or include any license
or permit required for the privilege of transacting and canying on
a busi.ness within the City as required by other ordi-nances and
laws of the City.
Franchise area means the entire City, or portions thereof, for
which a franchise is granted under the authority of this ordi-
nance. If not otherwise stated in the franchise, the franchise
area shall be the corporate limits of the City, including all territo-
ry thereafter annexed to the City.
Franchise fee means the percentage, as specified by this ordi-
nance, of the Grantee's gross revenues from all sources payable
in exchange for the rights granted pursuant to this ordinance and
the franchise agreement.
Full network service shall mean all basic services and addition-
al services offered by the Grantee.
Grantee means all persons including, but not limited to, sub-
sidiaries, parents or affiliate companies, associations or organi-
zations hav-ing any rights, powers, privileges, duties, liabilities
or obligations, under this article, and under the franchise ordi-
nance, collectively called the franchise, and also includes all per-
sons having any title to or interest in the system, whether by rea-
son of the franchise itself directly or by interest in a subsidiary,
parent or affiliate company, association or organization by any
subcontract, transfer, assignment, management agreement or
operat.ing agreement or an approved assignment or transfer
resulting from a foreclosure of a mort-gage security agreemen.t
or whether otherwise arising or created, and shall include the
lawful successor, transferee, or a assignee 01 such franchisee or
Grantee.
Head end shalf mean "thE! land, electronic processing equip-
ment, antennas, tower, building and other appurtenances nor-
mally associat-ed with and located at the starting point of a cable
television system, excluding the studio.
.' Hub configuration means a cable television system design
technology wherein all transmission paths either originate or ter-
minate at a central location within the community.
Installation shall mean the extension and/or construction of the
system from the main trunk and/or feeder cable to subscrioers'
terminals except where such a procedure is required by this arti-
cle without charge when it will mean the ext!!nsion and/or con-
struction of the system to one point in a designated build-ing.
Local distribution centershall mean a facility, within the com-
munity remote from but connected to the hub, which distributes
signals from the hub to a specified area in the cable television
system.
Local distribution center shail mean a facifity which originates
from a local distribution center as opposed to the hub.
May is permissive.
Network noise means that combination of undesired and fluc-
tuating disturbances within a cable television channel, exclusive
of undesired signals of discrete frequency which degrade the
reproduction of the desired signal and which are due to modula-
tion processes, thermal effects and other noise-producing
effects, not including hum. Network noise is specified in terms
of its RMS voltage or its mean power level as measured in a
four-MHz band above the lower channel boundary of a cable
talevi-sion system. .
New housing area shall mean any area containing any newly
constructed, rehabilitated, or restored residential or commercial
unit which does not exist prior to the effective date of the fran-
chise.
Open video system shall mean any channel or a facility con-
sisting of a set of transmission paths and associated signal gen-
eration, reception and control equipment that is designed to pro-
vide cable television service, which includes video program-
ming, which is provided to multiple subscribers within a commu-
nity, and which the Federal Communications Commission or its
successor has certified as compliant with Part 76 of the Rules of
the Federal Communications Commission, 47 C.F.R. Part 76, as
amended from time to time.
Physical miles of plant shall mean total miles of trunk, feeder,
super-trunk, and fiber optic cabla.
Person means an individual, partnership, association, organi-
zation or corporation or any lawful successor transferee.
Public-rights-of-way or streets and public grounds means the
surface, the air space above the surface, and the area below the
surface of any public street, highway, lane, path, aUey, sidewalk,
boulevard, drive, bridge, tunnel, park, parkways, waterways, util-
ity easements or other public right-of-way now or hereafter held
by the City which shall entitle the City and the Grantee to the use
thereof for the purpose of installing and fBaintaining the
Grantee's cable television system. No reference herein, or in
any franchise, to tl:1e streets and public grounds shall be deemed
to be a representation or guarantee by the City that its title to any
property is sufficient to permit its use for such purpose, and the
Grantee shall, by its use of such terms, be deemed to gain only
such rights to use property in the City as the City may have the
undisputed right and power to give. .
Reasonable notice shall mean the provision of notice of con-
templated action delivered 'at least forty-eight (48) hours prior to
such action.
Resident means any person residing in the City or as other-
Wise defined by applicable law.
Residential subscriber means a subscriber who receives a
service in an individual dwelling unit where the service is not to
be utilized in connection with a business, trade or profes-slon.
Sale shall include any sale, asset exchange or offer for sale.
Shall and must means each is mandatory.
Strand mile shall mean messenger strand as measured from
pole to pole without taking into consideration sag or downguys,
and for buried plant, actual trench feet.
Studio shalf mean the land, electronic processing equipment,
towers, building, camer-as, lights and other appurtenances nor-
mally associated with and located at the Grantee's local origina-
tion and/or public access plants of a cable television system,
excluding the head end. .
Subscriber terminal means an electronic device which con-
verts signals to a frequency not susceptible to interference with-
in the television receiver of a subscriber, and any channel selec-
tor which permits a subscriber to view all signals delivered at
designated convert-er dial locations at the set or by remote con-
trol. ' .
System facilities means the cable communications system con-
structed for use within the City, without limitation, the headend,
antenna, cables, wires, lines, towers, amplifiers, convert-ers,
health and property security systems, equipment or facilities
located within the corporate limits of the City designed, con-
structed or wired for the purpose of producing, receiving, ampli-
fying and distributing by coaxial cable, fiber optics, microwave or
other means, audio, radio, television and electronic signals to
and from subscribers, in the City and. any other equipment or
facilities located within the corporate limits of the City intended
for the use of the cable communications system; provided, how-
ever, such system facilities excludes build-ing, contracts, facili-
tiElS, and equipment where its sole use is for providing service to
other system facilities located outside the City limits. .
Substantially completed means operation will be considered
substantially completed when sufficient distribution facilities
have been installed so as to permit the offering of full network
services to at least ninety (90) percent of the dwelling units in
the service area to which access is legally and reasonably avail-
able.
Terminal/solation means at any subscriber terminal, the atten-
uation between that terminal and any other subscriber terminal
in that net-work.
Upstream means a signal originating from a terminal to anoth-
er point in the cable television system including video, audio or
digital signals for either programs or other uses such as securi-.
ty alert services, etc.
Continued on next page
~
Q S - ~ \ l.o,\
Sec. 12-4-3: Cable Television Administrator and Iowa City
Telecommunications Commission.
A. , The City Manager is hereby authorized to appoint a Cable
Television Administrator for the purpose of exercising the City's
continuing administration of the franchise. Such responsibility
shall include but not be limited to the following matters:
1. Receive and investigate such complaints, disputes or dis-
agreements as may be directed or referred to the City of Iowa
City, Iowa, be.tween subscribers or potential subscribers and
Grantees of a cable television system and other distribution sys.
terns inter!:onnected with the cable television system, not first
able to resolve their differences.
2. Report recommendations upon complaints, disputes or dis.
agree-ments after investigation to the Iowa City
Telecommunications Commission for the issuance of finding.
3. Review and audit reports, records, communications and
Grantee regulations submitted to the City of Iowa City, Iowa, and
conducting such inspections of the system as may be neces.
sary in support of such review as provided for in the Cable
Television Enabling Ordinance.
4. Work with the public and the media to assure that all tariffs,
rates, charges and rules pertinent to the operation of the cable
television system in the City of Iowa City, Iowa, are made avail-
able for inspection by the public at reasonable hours and upon
reasonable request.
5. Confer and coordinate with the Grantee on the interconnec-
tion of the City's cable television system with other similar net-
works.
6. Advise the Iowa City Telecommunications Commission.
7. Other such du1ies as the City Manager or Iowa City
Telecommunications Commission may assign. I
8. Promote usage and understanding of the access channels. I
9.Research and recommend new technologies that may be use-(
ful to the City, community, and cable system.
B. Commission established: Within thirty (30) days of the grant-
ing of the first franchise, there shall ~e appointed a ~om~is- I
sion to be known as the Iowa City Telecommunications
Commission. :
C. Composition and term: The Iowa City Telecommunications I
Commission shall consist of five (5) citizens of the City appoint- I
ed by the City Council for a term of three (3) years; except, that I
the first appointees shall be appointed one (1) for a term of one I
(1) year, two (2) for a term of two (2) years and two (2) for a term.
of three (3) years; and thereafter, each shall be appointed for a ,
term of three (3) years. Following system completion, it is '
recom-mended that a majority of the members be subscribers ~
to the system at the time of their appointment. I
D. Powers and duties: The duties of the Iowa City f
Telecommunications Commis-sion shall be as follows:
1. Resolving disputes or disagreement between subscribers, (
potential subscribers and Grantee should such parties be'
unable first to resolve their dispute. The Iowa City I
Telecommunications Commission shall conduct a public hearing
upon any petition by any person seeking resolution of a dispu1e
concerning the operation of any franchise grant-ed hereunder. ,
The hearing' shall be conducted pursuant to the Iowa
Administrative Code, and following such hearing, the Iowa City
Telecommunications Commission shall issue its finding or deter- '
mination. Said finding or decision shall be final, and any person
aggrieved may seek retief therefrom In the District Court of Iowa
as provided by State law.
2. Reviewing and auditing reports submitted to the City as
required and said such other correspondence as submitted to
the City concerning the operation of the cable television system
so as to insure that the necessary reports are completed and
fulfilled pursuant to the terms of this ordinance.
3. Work with the public and the media to assure that all records,
. rules and charges pertinent to the cable television system in the
City of Iowa City are made available for inspection at reasonable
hours upon reasonable notice. .
4. Confer with the Grantee and advise on the interconnection of
the City's cable system with other cable and communications
systems.
5. Subsequent to the initial franchise, solicit, review and provide
recommendations to the City Council for selection of applicants
for franchise under this ordinance.
6. Initiate inquiries, receive requests for review of rates charged
by the Grantee and provide recommendation on such actions to
the City Council.
7. Conduct evaluations of the system at least every three (3)
years with the Grantee and, pursuant thereto, m'ake recommen-
dations to the Council concerning system improvements and
amendments to this ordinance or any franchise agreement.
8. Establish and administer sanctions as au1horized by the City
Council to insure compliance with this ordi-nance.
9. To make recommendations to the Grantee of the cable televi-
sion sys-tem and to the educational and governmental users of
the educa-tional and governmental access channels.
10. To insure that the Grantee makes the public access chan-
nel available to aU residents of the City on a nondiscrimi-
natory_basis.
~~
S\
(S-
I
,
1-1. To asSure:tliat ttie operation of the public access channel be
free of program censorship and control.
12. Cooperate with the entities operating access channels as
those enti-ties develop rules for such channels.
< 13. To perform.suchother duties-ancHunctiuns-rntatrve;to'-puffiiC
access channels as may be appropriate in order to maximize its
use among the widest range of individuals, institutions and other
organizations within the City. This shall include recommenda-
tions to the City Council for utilization of the annual franchise
payment.
D. Rules and regulations: The Iowa City Telecommunications
Commission shall adopt such rules and regulations as are nec-
essary to carry out its functions and to insure that due notice is
given to all parties concerning any hearing on any complaints 10
said Iowa City Telecommunications Commission and the hear-
ings are held promptly in accordanee with reaso~able notice to
all parties. The Iowa City Telecommunications Commission
shall also have such powers to include the election of its own
officers.
Sec.12-4-4: Regulatory jurisdiction and proce-dures.
A. Continuing regulatory jurisdiction: The City shall have contin-
uing regulatory jurisdiction and supervision over the operation of
any franchise granted hereunder and may from time to time
adopt such reasonable rules and regulations as it may deem
necessary for the conduct of the business contemplated there-
under. Provided, how-ever, such exercise of rights or powers
subsequent to the effective date of a franchise will not impair the
rights of the Grantee thereunder, and if locally imposed, place
an undue financial burden on such Grantee.
B. Regulatory procedures:
1. The Iowa City Telecommunications Commission shall consid- _
er any inquiry or proceeding, excluding those de-scribed in
Paragraphs 2 and 3 below, requiring City Council action to be
taken in regard to the cable television system or franchise,
whether upon application or request by the Grantee or any other
party or on its own motion and shall submit such consider..ation,
together with the Iowa City Telecommunications Commission's
recommendation, to the City Council. Any action by the City
Council on any Iowa City Telecommunications Commission rec-
ommendation shall be taken only after thirty (30) days notice of
said proposed action, inquiry or proceeding is published in the
official newspaper having general circulation and a copy of said
notice is served upon the Grantee. The Grantee shall have an
opportunity to r~spond at the hearing and/or in" writing. Mem. ,
bers of the publiC shall have an opportunity to respond or com-
ment in writing on the proposed action and appear at said pro-
ceeding or hearing; however, such hearing or proceeding shall i
be set no later than ninety (90) days after notice to the Grantee \
and the City Council shall act upon this proceeding within one
hundred eighty (180) days of the notice of hearing unless such
time is extended by agreement between the City Council and
the Grantee. The decision of the City Council shall be.come a
final determination.
2. Rate regulation procedures shall be conducted in accordance
with the timeframe established in Division 2, Rate Regulations.
3. The City shall have one hundred twenty (120) days to act
upon any request for approval of a transfer that contains or is
accompa-nied by such information as is required in accordance
with FCC regulations and by the City. If the City fails to render
a final decision on the re-quest within one hundred twenty (120)
days, such request shall be deemed granted unless the request-
ing party and the City agree to an exten-sion of time.
4. The public notice required by this sec-tlon shall state clearly
the action or pro-posed action to be taken, the time provided for
re-sponse, Includ-ing re-sponse by the public, the person or per-
sons in authority to whom such responses shall be addressed
and such other proce.(fures as may be specified by the City
Council. If a hearing is to be held, the public notice shall give
the date, location and time of such hear-ing. The Grantee will
be provid-ed with reasonable notice for any hearing conduct-ed
in regard to its operation.
C. Triennial franchise review:
1. On or abou1 the third and sixth anni-versaries of the effective
date of the franchise, the City will sched-ule a public meeting or
meetings with the Grantee to review the franchise perfor-manee,
plans and prospects. The City may require the Grantee to rea-
sonably make available speCified records, docu.ments and
information for this pur-pose, and may inquire In particular
whether the Grantee is supplying a level and variety of serVices
equiva-Ient to those being generally offered at that time in the
industry in com-parable market situations.
2. The City shall first confer with the Grantee regarding modifi-
cations in the franchise which might impose addition-al obliga-
tions on the Grant-ee, and the Grantee may in turn seek to I
negotia~ relaxations in any requirements prevl~usly imposed
on it whICh are subse-quently shown to be impractical.
3. Within thirty (30) days of the con.clu-sions of such negotia-
tions, the City may direct the Grantee to show cause why spec-
ified terms and conditions should not be incorporat-ed into the
franchise and the Grant-ae may similar-ly file with the City a
written reQues~ thi:lt ~~ified 0~9~!!9[1s_of its fran-chise be
~
Q~- - 4\ \o~
~..j> ~
,
I;s-
removed or re-laxed. Impl&:fuiiii.ta-tion of such requests shall
corre-spond as nearly as possible with the procedures set forth
herein. The Iowa City Telecommu-nications Com-mission will
recom-mend to Coun-cil changes in the franchised rights and
obligations of the Grantee only if it finds from all available evi-
dence that such chang-as will not impair the ec;o-nomic viability I
of the system or de.grade the attractiveness of the system's
service to present and poten-tisl subscribers. .
D. Expiration: Upon completion of the term of any franchise
granted under this ordj-nance, the City may in its sole discretion
grant or deny renewal of the franchise of the Grantee in accor-
dance with the proYi.sions of the Cable Act.
Sec. 12-4-5: Significance of franchise. .
A .Franchise nonexclusive: Any franchise granted hereunder by
the City of Iowa City, Iowa, shall not be exclusive and the City
-evtsion frarichises in the Cnysnall b-esubjed to thEi'tenTls-6f tliis
Ordinance. Any franchise granted for an open video system
shall comply with all sections of this Article, unless precluded
from compliance by specific sections of applicable law. .
A. Franchise f9quired: No person, firm, com-pany, corporation
or association shall construct, install, maintain or operate within
any public street in the City, or within any, other public property
of the City, any equipment or facilities for the distribution of cable
service over a cable television system or an open video system
I to any subscriber unless a franchise authorizing the use of the
streets or properties or areas has first been obtained pursuant
to the provisions of this article, and unless such franchise is in
I, full force and effect. Any franchise granted for an open video
I system shall comply with all sections of this Ordinance, unless
I precluded from compliance with specific sections by Federal or
, state law, rule, or regulation.
8. Franchise applications: Public Notice of Request for
Proposals. The City may invite al?plications for a cable televi-
. sian franchise by means of a public notice advertising the avait-
; ability of its Request for Proposals.
1. The public notice shall contain, but need nol be limited to:
a. A description of the franchise area which is sought.
_, b. A statemenUhata format Request for Proposals is
avSiia6leto::prospective"applieants from a City official whose
name, address, and telephone number are specified.
c. A statement that applications for the franchise must
be submitted in writing in the form and manner specified in the
Request for Proposals no later than a date certain. ,
d. A statement that all applica.tions will be made avait-
able for public inspection during normal business hours at a
specified location.
C. Request for prop0s8.ls: Prior to inviting any applications for
any television franchise, the City shall prepare a Request for'
Proposals that shalf contain, but need not be limited to, the fol-
lowing: '
1. A description of the cable television system and services
desired by the City including any system specifications estab- .
tished by the City.
2. A statement specifying the form that all applications shall fol-
low.
3. A statement indicating the amount of the application fee (if
any) to be submitted with the application, and the manner in
which such fee is to be submitted. .
4. A statement that all applications must contain the inlormation
re-quired by the Request for Proposal.
5. The closing date for the submission of applications.
6. The name, address, and telephone nUl)1ber of the City offi-
cial(s) who may be contacted for further information.
D. Review of qualifications: Specific permis-sion to operate a
cable television system under the provisions of this article may
be granted by the City Council of the City to any Grantee atter:
a review of the legal, character, financial, technical qualifica-
tions; an analYSis of adequacy and feasibil-ity of the Grantee's
construction arrange-ments; an assessment of whether public,
educational and governmental access channel and institutional
\ network capacity, equipment, facilities, services, and finan-cial
support are reasonable; a determina-tion of whether the pro-
posal meets the future cable communica-tions needs of the City;
and a review of the provision of other such information, equip-
ment, servic-es and support as required by the City, and atter
the City Council has approved the Grantee's qualifica-1ions as a
part of a public proceeding affording due process.
E. City discretion: The City, at its discretion, may reject any
application for a franchise. In awarding a franchise, the City:
shalf allow the applicant's cable system a rea-sonable period of
time to become capable of providing cable service to all house-
holds in the franchise area; may require ade-quate assurance
that the cable operator will provide adequate public, education-
al, and governmental access channels and institutional network
capacity, equipment, facilities, services, and financial support;
shan determine the ability of the proposal to meet the future
cable communications needs of the City; and may require ade-
quate assurance that the cable operator has the fi.nancial, tech-
nical, or legal qualifi-cations to provide cable service.
F.Requirefflent for publiC hearing on reasonable notice: The City
shalf conduct a public hearing prior to awarding any cable tele-
vision franchise. The hearing shall be preceded by reasonable
notice to each of the franchise applicants and to the public, and
shall be conducted by the City in accordance with the following
procedures:
1. There sha" be an agel'\da for the hearing which shall specify
the proposal(s) to be considered at the hearing. .
2. Every person. who has applied for a cable television franchise
shall ap-pear at the hearing either in person or by authorized
representative. The application of any applicant not so appear-
ing shaft not be further considered, except for good cause
shown.
3. All applicants shall be given opportunity to participate in the
hearing, but nothing contained herein shall limit the power of the
presiding officer to establish reasonable time limits and other-
wise limit re~~ ~tatements ~r l:1uestions.
reserves the right to grant a franchise to any person, firm, com-
pany, corporation or association at any time. The grant of one ~
franchise does not establish priority for use over the other pres.
ent or future permit or franchise holders or the City's own use of
the streets and public grounds. The City shall at aU times con-
---- trol the distribution of space in, over, under or across all streets
or public grounds occupied by the cable communications sys-
tem.
B. Franchise amendable: The scope of any franchise granted
hereunder shalf be deemed amendable from lime to time by
mutual consent, to allow the Grantee and the City to innovate
and implement new services and developments.
C. Privileges must be specified: No privilege or exemption shall
be inferred from the granting of any franchise unless it is spe-cif-
ically prescribed. Nothing in this article shalf be deemed to
require the granting of a franchise when in the opinion of the
Councif it would not be in the public interest to do so.
D. Authority granted: Any franchise granted hereunder shaft
give to the Grantee the right and privilege to construct, erect,
operate, modify and maintain in, upon, along, above, over and
under streets which have been or may hereafter be dedicated
and open to public use in the City, towers, antennas, poles,
cables, electronic equipment and other network appurtenances
necessary for the operation of a cable television system in the
City, subject to limitations contained in this ordinance.
E. Previous rights abandoned: A franchise granted hereunder
shall be in lieu of any and an other rights, privileges, powers,
I immunities and authorities owned, possessed, controlled or
exercisable by a Grantee or any successor pertaining to the
construction, operation or maintenance of a cable communica-
tions system in the City. The acceptance of a franchise shaft
operate, as between Grantee and the City, as an abandonment
of any and all such rights, privileges, powers, immunities and
authorities within the City. All construction, operation and main-
tenance by the Grantee of any cable system in the City shaff be
under the franchise and not under any other right, privilege;
power, immunity or authority.
F. Subject to other reg/,Jlatory agencies' rules and regulations:
ihe Grantee shall at an times during the life of any franchise
granted hereunder be subject to all lawful exercise of the police
power by the City and other duly authorized regulatory state and
federal bodies. .
G.Pole use agreements required: No franchise granted hereun-
der shall relieve the Grantee of any obligation invoived in ob-
taining pole or conduit use agreements from the gas, electric
and telephone companies, or others maintaining poles or con-
duits In the streets of the City, wherever the Grantee finds it nec-
essary to make use ot said poles Of conduits. .
H. No right of property: The award of any franchise hereunder
shaH impart to the Grantee no right of property in or on City-
owned property.
f. Franchise binding: All provisions of this article and any fran-
chise granted hereto shall be binding upon the Grantee, its suc-
cessors, lessees or assignees.
J.General City ordinances: Any franchise granted by the City is
hereby made subject to the general ordinance provisions now in
effect and hereafter made effedive, Nothing in the franchise '
shall be deemed to waive the requirements of the various codes
and ordinances of the City regarding permits, taxes, fees to be .
paid, or manner of construction.
K. No waiver of rights: No course of dealing between the
Grantee and the City nor any delay on the part of the City in
exercising any rights hereunder shalt operate as a waiver of any
such rights of the City or acquiescence in the actions of the
Grantee in contravention of rights except to the extent express-
ly waived by the City or expressly provided for in the franchise.
Sec. 12-4-6: The cable television franchise.
No cable communications system, open video system, or per-
son providing cable service shan be allowed to occupy or use
the streets of the City or be allowed to operate within the City
without a franchise granted pursuant to this Article. All cable tel-
~ as- - 4. Uo '\
<? "'. t-
-J~ \.
IS-
D. Service records maintained: The Grantee shall at all times
make and keep a Ust of all complaints and inte~uptions or
degrade-tion of service recei~d O! experienced during t~e term .
of franchise. The records malntamed above shall also mclude
complaint response time and service restoration period and
shall be continuously open to inspection, examinatio~ or audit,
sub-iect to subscriber privacy fights pursuant to Section 631 of
the Cable Act, by any duty authorized representative of the City
or member of the public.
E. Grantee rules and regulations: The Grant-~e shall have the
authority to promulgate such rules,. regula~lons, terms and
condi-tions governing the conduct of Its busmess as sh~1I ~e
-; reasonable and necessary to enable the Grantee to exercIse Its
rights and perform its obligations under this article and any fran-
chise granted hereunder.
1. Rules to be In conformance with other regulations: None of
such rules, regulations, terms and conditio.ns promul.g~ted
under subsection (f) above shall be in conflict with the pr~lslons
here-of or the laws of the state, or the Rules and Regulations of
the Federal Communications Commission or any rules and reg-
ulations promulgated by the City in the exercise of their regula.
tory authority granted hereunder. ,
2. All rules to be filed with City: Three (3) copies of all rul~s, reg
ulations terms and conditions promulgated under subsection (f)
above, together with any amendments, additions or deletions
thereto, shall be kept currently on tile with the ~i~ Clerk ~nd an-
other copy thereof shall be maintained for public msp~ctlon dur-
ing normal business hours at Grantee's ?ffice In the City .and the
copy shall be provided to the Iowa CIty Telecommu~l~tlons
Commission; no such rules, regulations, terms, conditions or
amendments additions or deletions thereto shall take effect
unless and u~ti1 so filed and maintained. This paragraph is not
intended to apply to the Company's personnel and other inter.
nal rules and regulations. . .
F. Subscribers' antennas: The Grantee shall net require the
removal or offer to remove or provide any inducements for
removal of any potential or existing subscriber's antenna as a
condition of provision of service.
G. Antenna switch: The Grantee, upon re-quest fr.om ari~ sub-
scribEi?"shall install at a reasonable charge a switching device to
permit a subscriber to continue to utilize the subscribers own tel-
evision antenna. :
H. Service response: The Grantee shall provide same .day serv-:
ice response, seven (7) days a week for all complamts and
requests for repairs or adjustments received prior to 2:00 p.m.
each day. In no event shall the response time for calls received
subsequent to 2:00 p.m. exceed twenty.four (24) hours.
I. State of the art: This section shall be reviewed by the City dur'
ing its' :triennial reviews whose timeframes are set forth in I
Section 12-4-4 (C). In the event that the Grantee, Its parent
company,' management firm or affiliates h~v~'ins~al1ed state of
the art improvements in any system of slmlla~ size ow~~d by I
Grantee, its parent company, ~,!agement firm or affiliates,
---- - -- -
. whlch-}ncrease-channer capacity" iiiiij'tiroVlde additional cable
service, make bi-directional capacity operational from the home,
providl:l improvements in technological performance, provide for
. interacliVe-services, andlor other substantial improvements,
then the Grantee shall make said Improvements available to the
City of Iowa City subscribers within one (1) year.
The City shall hold a hearing to determine whether state of the~
art technology is required hereunder. Such hearing shall afford
the Grantee an opportunity to make a presentation on the state
of the art and whether the conditions specified herein indicate
that a state of the art change is needed. The City may require I
the Grantee to implement state of the art changes which meet'
the threshold specified here.in.
Sec. 12-4-8: Rights reserved to the City. I
A. Governing requirement: At all times dur.ing the term of the
franchise, Grantee shall comply with all laws, rules or regula- :
tions of the City, state or federal governments, their regulatory I
agencies or commissions which are now applicable or may be ,
appli-cable hereafter to the construction and operation of the'
cable communications system, including without limitation, all'
laws, ordinances, or regulations now in force or hereafter enact- I
ed. Nothing herein shall be deemed a waiVer of Grantee's right
10 challenge the validity of any such law, rule or regulation. .
B. Change in law or regulation: Notwith-standing any other pro-'
visions of this ordinance to the contrary. the Grantee shall at aliI
times comply with all laws and regulations of the local, state and
federal government. In the event that any actions of the state or
federal government or any agency thereof, or any court of com- .
petent jurisdiction upon final adjudication, substantially reduce
in any way the power or authority of the City under this ordi.
nance or the franchise, or if in compliance with any local, state,
or federal law or regulation, the Grantee finds conflict with the
terms of this ordinance, the franchise, or any law or regulation
of the City, then as soon as possible followlng knowledge there.
ot, the Grantee shall notify the City of the point of conflict
believed to exi$t between such law or regulation and the laws or
regulations of the City, this ordi.nance and the franchise. The
City, at its option, may notify the Grantee that it wishes to nego-
tiate those provisions which are affected in any way by such
modification in regulations or statutory authority. Thereafter, the
Grantee shall negotiate in good faith with the City in the devel-
0~mentof.8Itemate.provisions'whlcl'fsh811-fairfY'restore the City"
to the maxi-mum level of authority and power permitted by law.
The City shall have the right to modify any of the provisions to
such reasonable extent as may be necessary to carry out the .
fuU intent and purpose of this ordinance and the franchise, sub~_
ject to applicable federal and state law.
C. Authority: The City reserves the right to exercise the maxi-
mum plenary authority, as may at any time be lawfully permissi.
ble, to regulate the cable television system, the franchise and
the Grantee. Should applicable legislative, judicial or regulatory
authorities at any time permit regulation not presently permitted
to the City, the City and,the Grantee shall negoti-ate in good
faith to determine what additional regulation by the City shall be
permissible.
D. Right of amendment reserved to City: The City may from
time to time, add to, modify or delete provisions of this article as
it shall deem necessary in the exercise of its regulatory powers.
Provided, how~er, such exercise of rights or powers subse-
quent to the effective date of a franchise will not impair the rights
of the Grantee thereunder, and if locally imposed, place an
undue financial burden on such Grantee. Such additions or revi.
sions shall be made only after a public hearing for which the
Grantee shall have received written notice at least thirty (30)
days prior to such hearing. .
E. Grantee agrees to City's rights: The City reserves every right
and power which is required to be reserved or provided by an
ordinance of the City, and the Grantee by its acceptance of the
franchise agrees 10 be bound thereby and to comply with any
action or require-ments of the City in its lawful exercise of such
rights or powers which have been or will be enacted or estab-
lished, subject to federal and state law.
F. City's right of intervention: The City shall have the right to
intervene and the Grant.ee specifically agrees by its acceptance
of the franchise not to oppose such interven-tion by the City in
any suit or proceeding to which the Grantee is a party, provided,
however, Grantee sharrnot be obligated to indemnify the City for
any such suit.
G. Powers of the City: Neither the granting of any franchise nor
any provision govern.ing the franchise shall constitute a waiver
or bar to the exercise 01 any governmental right or power of the
City.
H. City's right of inspection: The City reserves 'the right during
the life of any franchise granted hereunder to inspect all system
facilities and property and supervise all construction or installa-,
lion work performed subject to the provisions of this article and'
to perform network-iTteasurements to insure compliance with
the terms of the article.
I. . City's right of acquisition: Upon expiratlon of the term of the
franchi:;;e or revocation or other termination. as provided by law,
the City shall have the right to purchase the cable television sys-
tem as sQeci~_e_d in SectionJ2+11 ,po
:- 4' Thenotice of hearing shall: ,- r_ -----.
. a.Conform to all relevant state and tocallaws and o<<!inances~
b. Describe the agenda to be consid-ered at the public hear-
ing. I' ,. va'l
c Indicate that copies of all franchise app lca Ions are a I-
ab~ for public inspection dUring normal business hours at a
place to be specified in the notice.
G. Duration of franchise: Upon filing by the Grantee of the prop-
er acceptance, the bond and the required insu~nce ~nd se~u-
rity fund, the franchise shal! take effect as prOVIded In Section
12-4--10 and shall continue In full force and effect for a term to
be set by the Council in the. franchise. ..
H. Exemptions: Paragraphs B, C, 0, E, and F of thIS sectl~n do ;
not apply to an incum.bent operator afforded renewal nghts
under Section 626 ol the Cable Act.
Sec. 12-4-7: Operation of franchise.
A. Operation to be in accordance with rules: The Grantee shaH
maintain and operate its cable television.system In acc~r~nce
with the Rules and Regulations of the Fede~1 Commu~lcations
Commission, the State of Iowa andlor the City as are Incorpo-
rated herein or may be promulgated. _' .
B. Interruption of service; notification: The Grantee. ~h~never it
is necessary to interrupt service over the cable televiSIon sys-
tem for the purpose of network maintenance, alte~tion or
repair, shall do so at such time as will cause the leas~ amoun~ of
inconvenience to the subscribers, and unless such mterruptlon
is unforeseen and Immediately necessary, the G~ntee shall
give reasonable notice thereof to the affected subscnbers. . .
C. Office and phone for complaints: The Grantee sh~l1 maIntain I
an office within the City limits which shall be open dunng all nor-
mal business hours, including some week night and Satuf!:lay
hours have a listed local telephone number and be so operated
that complaints and requests for repairs or adjustments may be .
received at any time.
"
0M.
I:>S -L..\\l.o~
'[ CitY,S'ng!i(OfnetwO;JanstaiJation:- The CitY' reservesth~-;ight
during the life of any franchise granted hereunder to install and
maintain free of charge upon or in the poles and conduits of the
: Grantee'any wire and pole fixtures necessary for mu-nicipal net.
works. on the following conditions: that such installation and
; mainte~nance thereof does not intelfere with the operation of the
! Gran,t~e;'that such fixtures be used for govemmental and edu-
cational,purposes, and the City agrees to indemnify the Grantee
tor such use;
Sec.~,t-+,~:: AppliCations for franchise.
No franchise may be granted until the applicant has successful-
ly completed the application procedure. .
A. P~d;xisarboria and filing fee: All applicants must provide a
proposal bond as required herein and pay a nonrefundable filing
fee to the City of ten thousand dollars ($10,000.00) the time the
. appll~!,onis submitted. This bond and fiUng fee does not apply
to an Incumbent operator afforded renewal rights under Section
626 of the Cable Act.
, B. . Request for proposal: All applicants must complete the
request for proposal (RFP) issued by the City which shall
include but not be limited to the following:
1. Name and address of applicant: The name and business
address of the applicant, date of application and signature of
applicant or appropriate corporate officer(s).
2. Description of proposed operation: A general description of
the applicant's proposed operation, including but not limited to
business hours, operating staff, maintenance procedures
beyond those required in the article, management and mar-ket-
ing staff complement and procedures and, if available, the rules
of operation for public access.
3. Signal carriage: A statement of the televi-sion and radio serv-
ices to be provided, including both off-tha-air and locally origi-
'naled signals.
4. Special services: A statement setting forth a description of
the automated services proposed as well as a description of the
funds, services, and production facilities to be made available by
the Grantee for the public, municipal and educational channels
required to be made available by the provisions of this article.
5. Schedule of charges: A statement of the applicant's pro-
posed schedule of charges as set forth herein.
6. Corporate organization: A statement detailing the corporate
organization of the applicant, if any, including the names and
addresses of Its officers and directors and the number of shares
held by each officer and director.
7. Stockholders: A statement identifying the number of author-
ized outstanding shares of applicant's stock including a current
list of the names and current addresses of its shareholders hold-
ing three (3%) per cent or more of applicant's outstanding stock.
8. Intra-company relationships: A statement describing all intra-
com-pany relationships of the applicant, including parent, sub-
sidiary or affiliated companies.
9. Agreements and understandlnos: A statement setting forth all
agreements an'd understandings, wheth-er written or oral, exist-
ing be!Ween the applicant and any other person, firm, group or
corporation with respect to any franchise awarded hereunder
and the conduct of the operation thereof existing at the time of
proposal submittal,
10. Financial statement: If applicant is a corporation, audited
financial statements for the two (2) previous fiscal years. If
applicant is a partnership, copies of the U.S. Partne-ship Return
of Income (IRS Form 1065) for the two (2) previous fiscal years.
If the applicant is a sole proprietorship, copies of the U.S. lndi-
vidual Income Tax Return (IRS Form 1040) for the two (2) pre-
vious fiscal years.
11. Financial projection: A ten-year operations pro forma which
shall Include the initial and continuous plant Investment, annual
profit and loss statements detailing income and expenses,
annual balance sheets and annual levels of subscriber penetra-
tion. Costs and revenues anticipated for voluntary services
shall, if presented, be incorporated in the pro forma as required
in this article, but shall be separately identified in the pro forma.
12. Financial support: Suitable written evidence from a recog-
nized financing institution, addressed to both the applicant and
to the City, advising that the applicant's financial ability and
planned operation have been analyzed by the institution, and
that the financing institution is prepared to make the required
funds available to applicant if it is awarded a franchise.
13. Construction timetable: A descrip-tion of system construc-
tion including the timetable for provision and extension of serv-
ice to different parts of the City.
14. Technical description: A tech-nical description of the type of
system proposed by the applicant, including but not limited to,
system, configuration (I.e.) hub, dual cable), system capacity,
two-way capability, etc. _ _ .
-{
.:t
.
,.;
~J' lo~
,
f
15.'Technicalstatement A statement from the applicant's sen-
Ior technical staff member or consu~ant advising that he/she
has reviewed the network description, the network technical
standards, performance measurements, channels to be provid-
ed, service standards, construction standards and condi-tions of
street occupancy as set forth in or required by this ordi-nance, .
and that the applicant's planned network and operations will
I meet all said requirements.
16. Existing franchises: A statement of existing franchises held
by the applicant including when the franchises were issued and
when the systems were constructed and the present state(s) of
the system(s) in each respective g~rnmental unit, together
with the name and address and phone number of a responsible
governmental official knowledgeable of the applicant.
17. Convictions: A statement as to whether the applicant or any
of its officers or directors or holders of three (3) per cent or more
of its voting stock has in the past ten (10) years been convicted
of or has charges pending for any crime other than a simple mis-
demeanor traffic offense, and the disposition of such case.
, 18. Operating experience: A statement detailing the prior cable
. television experience of the applicant including that of the appli-
--' Cant's officers, management and staff to be associated, where
known, with the proposed franchise.
19. Franchise renewal information: Subject to Section 626 of
the Cable Act, if an application is for renewal of a franchise, the
proposal must include, In addition to the information required in
subsections (1) through (18) above:
a. A summary of the tech-nical, financial and pro-gramming
history of the network since the grant-ing of the original fran-
chise.
b. A statement and timetable that outlines all proposed
changes, expansion or improvemeflts in the system as to serv-
ices, programming or technical specifications during the forth-
coming three-year review period.
C. Special interests: In order to maximize the potential of the
t cable television system, comparative evaluations of applications
I' will reflect the City's special interest In the following areas:
1. Programming and production as-sistance: A proposal for
funding facilities, equipment or personnel beyond those required
elsewhere to be designated to effect and promote public, edu-
cational, and government access, and community programming
development.
2. Discrete carriage capacity: A proposal for the origination,
experimental uses and/or interconnection by or of agencies
specified in Section 12-4-17 for specialized needs and a plan
accommodating such future needs as may arise.
3. Bi-directional capacity: A proposal for effectuating the cable'
televi-sion system's bi-directiooal capacity and integration of the
City's interactive system.
4. Multi-origination: A proposal for system construction in such
a way that it is poSSible to allow occasional
simu"aneous cablecasting of different programs on the same
channel to different parts of the City.
5. University of Iowa: A proposal for interconnecting the City's
cable television system with a University of Iowa cable nete
work as specified by the university so that residents of the City
will benefit from the university's resources.
6. Converters: A proposal for inclusion of converters or other
j subscriber technology as part of the basic service.
7. Institutional network: A proposal to provide bi-directional
intercon-nectlon of video, voice, audio and data among public
sector locations and interconnect to the subscriber network.
-S:Hrime-'inWra:C1ME'-A-proposafto'provlde.tNrrway serVices'to"-
subscribers' homes.
D. Additional requirements: The appli-cation for franchise shall
respond spe-clfically, and in sequence, to the RFP. Twenty. (20)
copies of the application shall be supplied to the City. The City
may, af its discretion, consider such additional infor-mation as
part of the application.
E. Supplementation to applications: The City reserves the right
to require such supplementa-ry, additional or other information
as the City deems reason-ably necessary for its determinations.
Such modifications, deletions, addi-tions or amendments to the
application. shall be consid-ered only if specifically requested by
the City.
Sec. 12-4-10: Acceptance and effective dale of franchise.
A. Franchise acceptance procedures: Any franchise awarded
hereunder and the rights, privileges and authority granted there-
by shall take effect and be In force from and after the sixtieth
(60th) day following the award thereof, provided that within sixty
(60) days following award from the effective date the Grantee
shall file with the City the following:
1. A notarized statement by the Grantee of unconditional
acceptance of the franchise, and'
2. A certificate of insurance as set forth in Section 12-4-14, and
3. A letter of credit as set forth in Section 12-4-15 herein, and
4. Reimbursement to the City for the costs of publication of this
article, and cost of the initial franchising process, and
5. Written notification of the Grantee's location and address for
mail and official n9t!fi~tions frt;lm !!ll! City~
,
.
j
IS-
~
:.-r
,
~
.y
~
.\-,J
~r
1
~
~-..a
c-s- ,- Y:- \ '" \
,
B Forfeiture of proposal bond" Should the Grantee fail tooom-
ply with subsectlon (A) above, It shall acquire no rights. pnvl-
leges or authority under this article whatever, and the amou~t of
the proposal bond or certified ch.eck ,in lieu thereof,. subm!tte~
with its application, shall be forfeited In full to the City as liqUi-
dated damages. .
C. Grantee to have no recourse: The Grantee shall have no
monetary recourse whatsoever against the Clo/. fOf any l~ss,
cost, expense or damage arising out of any prOV!SIOn or require-
ment of this article or its regulation or from the City's lawful exer.-
eise of its authority to grant additional franc~ise~ hereunder.
This shall not include negligent acts of the City, Its agents or
employees.
D. Acceptance of power and authority of City: The Grantee
\expressly acknowledges that in ~ccepti~g an~ f~nchise award-
ed hereunder, It has relied upon Its own Investigation and under-
standing of the power and authority of the City to grant this fran-
chise.
E.lnducements not offered: The Grantee, by accepting any fran
chise awarded hereunder acknowledges that it has not been
induced to enter into the franchise by any understand-ing or
. promise or other statement, whether verbal or ~ritten, by or on
- behalf of the City concerning any term or condItion of thIS fran-
chise that is not included in this article.
Sec. 12-4-11: Termination of franchise.
A. Grounds for revocation: The City reserves the right to ~ke
any franchise and rescind all rights and privileges associated
with the franchise in the following circumstances:
1. If the Grantee should default in the performance of any of its
material obligations under this article or the franch!se and .falls
to cure the de-fault within sixty (60) days after receipt of Written
notice of the default from the City, or such longer time as spec-
ified by the City. .. .. .
2. If the Grantee should fail to prOVIde or maintain In full force
and effect the construction bond, letter of credit and liability and
lndemnifica-tion coverages as required in this article. .
3. If a petition is filed by or against the Grantee under the
Bankruptcy Act or any other insolvency or creditors' rights law,
state or federal, and the Grantee shall fall to have it dlsmi:osed.
4. If a receiver, trustee or liquidator of the Grantee is applied for
or appointed for all or part of the Grantee's assets.
5 If the Grantee makes an assignment for the benefit of credi-
~rs. .
6. If the Grantee violates any order or ruling of any State or
Federal regulatory body having jurisdiction over the Grantee,
unless the Grantee or .any party s!milarly affected is !awfully
contesting the legality or applicability of such. ord?r?r ~ul~ng and
has received a stay from a Court of appropnate JUrisdiction.
7. If the Grantee evades any of the provi-sions of this ordinance
or the franchise. .
8. If the Grantee practices any fraud or deceit upon the City or
cable subscribers.
9. Subject to Sections 12-4-19 and 12420, if the Grantee's
construction schedule is delayed later than the schedule con-
tained in the franchise or beyond any extended date set by the
City. . .
10. If the Grantee materially misrepresents facts In the applica-
tion for a franchise.
11. If the Grantee ceases to provide ser-vices. over the cable
communications system for seven (7) consecutive days for any
reason within the control of the Grantee.
12. If the Grantee fails to comply with any material access pro-
visions of this ordinance or the franchise.
B. Procedure prior to revocation:. Upon the occurrence of any o'
the events enumerat-ed in subsections (A) (1), (2), (11), (12),
and (13) of this section the City Council may, after hearing,
upon thirty (30) days' w'ritten notice to the Gra~tee citi~g the
reasons alleged to constitute cause for revocation, set a rea-
sonable time In which the Grantee must remedy the cause. If,
during the thirty-day perio~. the cause shall be cur~d to the sat-
isfaction of the City, the CII>: may declare the notIce t~ be null
and void. If the Grantee falls to remedy the cause within the
time specified, the Council may revoke the. franchise. In any
event, before a franchise may be terminated, the Grantee must
be provided with an opportunity to be heard before the City
Council.
C. Effect of pending litigation: Unless a stay is issued by a Court
of appropriate jurisdiction, pending litigation or any appeal to any
regulatory body or court having jurisdiction over the Grantee
shall not excuse the Grantee from the performance of its obliga-
tions under this ordinance or the franchise. Failure of the
Grantee to perform' material obligations because of pend-ing lit-
igation or petition may result in forfeiture or revocation pursuant
to the provisions of this section.
O. Purchase of system by City: If a renewal of a franchise held
by a Grantee is denied and the City acquires ownership of the
cable system or effects a transfer of own-ership of the system to
another person, any such acquisition or transfer shall be:
1. At fair market value, determined on the basis of the cable sys-
tem valued as a going concern but with no value allocated to the
franchise itself, or
2. In the case of any fTa;nchise existing on the effective date of
this litle, at a price determined in accordance with the franchise
if such franchise contains provisions applicable to such an
a~uisition o~~___,
p
,
b
"
I
I
'7
~,
.
\
~
~
~
1.\..
~.
J
.
'-
~
,~
,
..
"
ft.,
~
~
~-.
,
I
~
"
,
~.",
!.
"
1
,
<,
"
.1
,
,,"
;;.(
{
I
,
t
I
T
,
.
,
.
. \.
i
{
\
,
\
~
'"
i,.-.
~.
- -, f.
i
\?,J'\\ )S
,
d_'_ __. .. ___._ ~._ .__.
3. lfa franchise held by the Grantee is revoked for cause and the
City acquires ownership of the cable system or effects a transfer
of ownership of the system to another person, any such acquisi-
tion or transfer shall be at an equitable price. .'
E. Restoration of public and private property: In removing its
plants, structures and equipment, the Grantee shall refill at its
own expense any excavation made by it and shall leave all pub-
lic ways and places and private property in as good condition as
existed prior to the Grantee's removal of its equipment and appli.
ances, wllhout affecting the electric or telephone cables, wires or
attachments. The City shall inspect and approve the condition of
the public ways and public places and cables, wires, attach-
ments and poles after removal. Liability insurance, indemnity,
the' performance bond and security fund provided in this article
shall continue in full force and effect during the periOd of
removal.
F. Restoration by City. reimbursement of costs: If the Grantee
fails to complete any work required by subsection (0) above or
any work required by other law or ordinance within the time
established and to the satisfaction of the City, the City may
cause such work to be done and the Grantee shall reimburse the
City the costs thereof within thirty (30) days after receipt of an
itemized list of such costs, or the City may recover such costs as
provided in this article. .
G. Lesser sanctions: Nothing shall prohibit the City from impos-
ing lesser sanctions or censures than revocation.
H. Expiration; extended operation: Upon the expiration of a fran-
chise, the City may, by resolution, on its own motion or request
of the Grantee, require the Grantee to operate the franchise for
an extended period of time not to exceed six (6) months from the
date of any such resolution under the same terms and condi-
tions as specified in this ordinance and the franchise. All provi-
sions shall continue to apply to operations during an extension
period. The City shall serve written notice at the Grantee's busi-
ness office of intent to extend under this section at least thirty
(30) days prior to expiration of the original franchise or any
extensions thereof.
Sec. 12-4-12: Reports and records 01 the Grantee.
A.Annual financial reports required: The Grantee shall file annu-
ally with the City Clerk not later than three (3) months after the
end of its fiscal year during which it accepted a franchise here-
under and within four (4) months after the end of each subse-
quent fiscal year, two (2) copies of:
1. The report to' its stockholders; and
2. An annual, fully-audited and certified revenue statement from
the previous calendar year for the Iowa City system, including
subscriber revenue from each category of service and fN9ry
source of non--subscriber revenue.
B. Annual facilities report required: Within thirty (30) days of a
request by the City, the Grantee shall file annually with the City
Clerk two (2) copies of a total facili-ties report setting forth the
total physical miles of plant installed or in operation during the
fiscal year and a strand map showing the location of same.
C. Annual service record report required: The Grantee shall
make available 10 the City for its inspection at the Grantee's
office, a list of all trouble complaints and network downtime
received or experienced dur-ing the fiscal year. All such submit-
ted data shall also include complaint disposition and response
time.
O. Annual measurements report required: The Grantee shall
within thirty (30) days of a request by the City, provide two (2)
copies of a report on the network's technical measurements, as
set forth herein.
E. T~sts required by City: Technical tests required by City as
specified in this ordinance and the franchise shall be submitted
within fourteen (14) days of notification.
F. Annual operations reports required: The Grantee shall fite
annually with the City Clerk not later than three (3) months after
the end of its fiscal year during which it accepted a franchise
hereunder and within four (4) months after the end of each sub-
sequent fiscal year two (2) copies of the following supplemental
information:
1. If a nonpublic corporation, a list of all current shareholders
.and bond~holders both of record or beneficial. If a public corpo-
ration, a list of all sharehold-ers who individually or as a con-
certed group hold five (5):per cent or more of the voting stock of
the corporation.
2. A current list of all Grantee's officers and directors including
addresses and telephone numbers.
3. The names of both business and residential addresses ,and
phone numbers of the cable television system resident manag-
er and engineer.
4. Two (2) copies of all types of sub-scriber agreements. Copies
of individual subscribers' agreements are not to be filed with the
City.
5. Copies of all rules and regulations promulgated by the
Grantee during the fiscal year in the conduct of its business in
accordance with the provi-sions of this ordinance.
6. A copy of the annual report(s) of the parent firm(s) which own
an interest of more than three (3) per cent or more of the voting
stock of the Grantee; and such other annual report(s) of sub-
sidiaries or divisions of the parent firm(s) as the City deems
necessary for the enforcement of this ordinance and the fran.
chise.
G. Annual subscriber notification: Copies of all annual sub-
scriber notifications required by the Federal Communications
Commis-sion.
.
,
.1
'/
\
~~
"\('
~
~
~
j,
1
l
,...
J
.....1.
.~
4
V.
;:"';
Q
2
<,
.;;.,.'"
1
'.
.
~
~
~ j, 'is,, 1 S-
Cl,S"" - '*((.,~
H. -Applieation for Certificat~ of comp,i~nc8: The Grantee shall
give formal notice to the City that it is s~eki.ng a certific:at~ of.
com-pliance from the Federal CommUnications CommIssion.
Within five (5) calendar days upon filing such a request with the
Federal Communications Commission, the Grantee shall file two
(2) copies of its application for certification with the City Clerk.
I. Public availability of reports: Such documents and reports as
required under this article must be available to the public in the
office of the City Clerk, during normal business hours.
Subscribers shall be notified of the availability of such reports in
ways approved by the Iowa City Tele-communications
Commission.
J. Correspondence: The Grantee shall. upon request of the City,
file with the City Clerk a copy of each petition, application and
communications transmitted by the Grant-ae to, or received by
the Grantee from, any federal, state or other regUlatory commis-
sions or agencies having competent jurisdiction to regulate and
pertaining to the operations of any cable television system
authorized hereunder.
K. City's access to records:
1. The City reserves the right during the life of any franchise
granted hereunder to have access, necessary for the enforce-
ment of the ordinance and the franchise, at all normal business
hours and, upon the giving of reasonable notice, to all of the
Grantee's books, necessary for the enforcement of contracts,
engineering plans, income tax returns, accounting reports,
financial statements and service records and other like materi- '
als relating to the property and the operation under the fran-,
chise, and to all other records required to be kept hereunder.
Nothing contained herein shall prevent the Gr.antee from ~njoin-
ing the City from reviewing documents relating to propn-etary
interests not related to its operation under this article in the City's
regulatory program.
2. Additional reports. The Grantee shall prepare and furnish to
the City at the times and in the form prescribed, sU?h addit(onal
reports with respect to its operation, affairs, transactlo~s 9r prop-
erty, as may be reasonably necessary and appropriate to the
performance of any of the rights, functions or ~uties of the City
in connection with this ordl-nance or the franchise.
3. The Grantee acknowledges that the reports, books and ,
records which must be prepared and furnished to the City in
connection with this ordinance or a franchise granted under the
ordinance may constitute publiC records under state law and the
Grantee may be required to permit examination and copying of
such records upon request. If the City receives a demand from
any person for disclosure of any infor-mation, which the Grantee .
has designated as confidential, the City shall immediately advise
the Grantee of the request and provide the Gran-tee with a copy
of any written request. ..
L.Proof of bonds and insurance: Grantee shall submit to the Cl~
the required bond, or a certified copy thereof and all certifi-cates
of insurance required by this ordi-nance.
Sec. 12-4-13: Franchise payment.
A. Filing fee: Applicants for an initial franchise hereunder shall
pay a nonrefundable filing fee to the City of ten thousand d?Hars
($10,000.00) which sum shall be due and payable at the time of
submission of the application.
B. Franchising compensation: Grantees of a franchise hereun-
der shall provide an initial payment to the City in an amount
equal to the direct costs of granting the initial franchise including
but not limited to consultants fees, which sum shaH be due and
payable concurrently with the Grantee's acceptance of the fran-
chise, to offset the City's costs in the franchise awarding
process.
C.Annual franchise payment: Grantees of a franchise hereunder
shall pay to the City an annual fee in an amount equal to five (5)
per cent of the annual gross revenues, as d~f!ned herein, i~ lieu
of all other City's permits and fees, to be utilized by the City to
offset its cable television related regulatory and administrative
costs and to maximize awareness and use of the public, educa-
tion, and governmental access and institutional n~twork capaci-
ty. If the maximum franchise fee allowed by law IS greater than
five (5) percent, the City may require the higher amount. The
franchise payment shall be in addition to any other payment
owed to the City by the Grantee and shall not be construed as '
payment in lieu of municipal properly taxes or other state, coun-
ty or local taxes. The City snail provide the Grantee written
"
Controlle-r, reflei:tiiigthe-tbtal amountS of gross reiiie-:-nue and the
above charges, deductions and computations, for the quarterly
payment period covered by the payment.
2.-ln the event that any payment is not made as required, inter-
est on the amount due, as determined from the annual gross
revenues as computed by a certified public accountant shall
accrue from the date of the required submittal at an annual rate
of twelve (12) per cent. The percentages designated in this sec-
tion may be amended no more than once each year by the City
Council, con-sislent with increased costs for municipal facilities
and supervision and applicable rules of other regula-tory_agen-
cies.
E. Rights of recomputation: No acceptance of any payment by
the City shall be construed as a release or as an accord and sat-
isfaction of any claim the City may have for further or additional
sums payable as a franchise fee under this article of for the per-
formance of any other obligation of the Grantee. An amounts
paid shall be subject to audit and recomputation by the City.
Sec. 12-4.14: liability and Indemnlflcatlon.
A. fndemnification of franchise: II shall be expressly understood
and agreed by and between the City and any Grantee hereun-
der that the Grantee shall save the City harmless from all loss
sustained by the City on account of any suit, judgment, _execu-
tion, claim or demand which the City may legally be required to
pay as a result of the enactment of this article and the award of
a franchise to Grantee, except as such suit, judgment, execu-
tion, claim or demand may arise from the process or action of
selection of a Grantee or Grantees for award of a franchise as
provided herein. . .
B. Indemnification of City in franchise operation: It shall be
expressly understood and agreed by and between the City and
any Grantee hereunder that the Grantee shall save the City and
its agents and employees harmless from and against all claims,
damages, losses and expenses, including attorney's fees sus-
tained by the City on account of any suil, judgment, execution,
claim or demand whatsoever arising out of the installation, oper-
ation or maintenance of the cable television system by the
Grantee, its employees or agents, as authorized herein, whether
or not any act or omission complained of is authorized, allowed
or prohibited by this article and any franchise granted hereunder.
This provision shall not apply to acts of the City, itS'agents or
employees. . . ~ ,,,~
C. Reimbursement of costs: The Grantee shan pay ahCf by its
acceptance of any franchise granted hereunder agrees that it
will pay all expenses and costs incurred by the City in defending
the City with regard to all damages and penalties mentioned in
subsections (a) and (b) above except as such expenses may
arise from the process (as above). Should the City decide to hire
its own defense, such expenses will be borne by the City.
D. Public liability insurance: The Grantee shall maintain and by
its acceptance of any franchise granted hereunder agrees that it
will maintain throughout the term of the franchise, any exten-
sions thereto or as required in this ordinance, a general com.
prehen-sive liability insurance policy naming as the additional
insured the City, its officers, boards, commissions, agents and
employees, in a company registered in the State of Iowa, and
which maintains a BEST's rating of A- or better, In forms satis-
factory to the City Manager, protect-ing the City and all persons
against liability for loss or damage, occasioned by the operations
of Grantee under any franchise granted hereunder, in the
amounts of:
1. Two million ($2,000,000.00) for bodily injury or death to any
one per-son, within the limit, however, of three million dollars
($3,000,000.00) for bodily injury or death resulting from anyone
acci-dent, and
2.' One million ($1,000,000.00) for properly damage resulting
from anyone accident.
E. Automobile liability insurance: The Grantee shall maintain,
and by its acceptance of any franchise granted hereunder
specifically agrees that it will maintain throughout the term of the
franchise, automobile liability insurance for owned, non-owned,
or rented vehicles in the minimum amount of:
1. $1 ,000,000 for bodily injury and consequent death per occur-
rence;
2. $1,000,000 for bodily injury and consequent death to anyone
per-son; and
3. $500,000 for property damage per occurrence.
F. fnsured: At any time during Ihe term of the franchise, the City
may request and the Grantee shall comply with such re-quest, to
name the City as an additional insured for all insurance pOlicies
written under the provisions of this ordinance or the franchise.
G. Inflation: To offset the effects of inflation and to reflect chang-
ing liability limits, all of the coverages, limits, and amounts of the
insurance provided for herein are subject to reasonable Increas-
es at the end of every three (3) year period of the franchise,
applicable to the next three year period, at the sole discretion of ;
the City, upon a finding by the City of increased insurance risks
requiring such changed limits.
H. Notice of cancellation or reduction of coverage: The insur-
ance policies mentioned above shall conlain an endorsement
stating that the policies are extended to cover the liability
assumed by the Grantee under the terms of this article and shall
contain the following endorsement:
notice forly-five (45) days prior to collec-tion of an increased
franchise fee.
D. Method of computation; interest:
1.Sales taxes or other taxes levied di-rectly on a per subscription
basis and collected by the Grantee shall be deducted from the
local annual gross revenues before computation of sums due the
City is made. Payments due the City under the provisions of
sub-section C. above shall be computed quarterly as of March
31, June 30, September 30 and December 31 for the respective
quarters of each year ending on said dates and shall be paid
quarterly within three (3) months after each respective compu-
tation date at tha office of the City Clerk during the City Clerk's
regular business hours. The payment period shall commence as
of the effective date of the franchise. The City shall be furnished
a statement with each ~yment, by the Grantee's Division
~, as'" -4(1o~
'?S ", 1S-
This policy may not be canceled nor the. amount of cover-age
thereof reduced until thirty (30) days after receipt by the City
Manager of a written notice of such intent to cancel or reduce
the coverage.
I. Evidence of insurance filed with City Manager: AU certificates
of insurance shall be filed and maintained with the City Manag-
er during the term of any franchise grant-ad hereunder or any
renewal thereof. '
J. Extent of liability: Neither the provisions of this article nor any
, insurance accepted by the City pursuant hereto, nor any dam-
ages recovered by the City thereunder, shall b~ ,?"nst~e~ ,to
excUse faithful per-formance by the Grantee or limit the liabIlity
of the Grantee under any franchise issued hereunder or for
damages, either to the full amount of the bond or otherwise.
K. Insurance for contractor and subcontrac-tors: Grantee shall
provide coverage for any contractor or subcontractor involved .in
the construction, installation, malnte-ance or ope rattan of Its
cable communications system by either obtaining the necessary
endorse-ents to its Insurance policies or requiring such contrac-
tor or subcontractor to obtain appropriate insurance coverage
consistent with this section and appropriate to the extent of its
involvement in the construction, installation, maintenance or
operation of Grantee's cable communications system.
Sec;. 12-4-15: Bonds.
A.proposal bond: Each applicant for an initial franchise here~n-
der shall submit a proposal bond in a form acceptable to the CIty
Manager or a certified check on a bank that is a member of the
Federal Oepositlnsurance Corporation, payable to the order of
the City in an amount of twenty-five thousand dollars
($25,000.00). Said bond shall remain in effect until such time as
the applicant accepts the franchise and furnishes both the -con-
struction bond and the letter of credit as provided herein.
e. Construction bond: The Grantee shall maintain and by its
acceptance of any franchise granted hereunder agrees that it
will maintain through the rebuild or con-struction of the cable tel-
evision system as required by this ordinance, a faithful con-
struction bond running to the City, with at least (2) good and s~f-
ficient sureties or other financial guaranties approved,by the City
Manager, in the penal sum total of one million dollars.
($1,000,000.-00) condi-tioned upon the fai-thful perfor~~an~~ of
the Grantee in the construction or rebuild of a cabte.J~levlslon .
system complying with related provisions of this ,!rdinance and
the fran-chise, and upon the further condition !hat if. th~ ~~ntee
shall fail to comply with any law, ordinance or regut.a~~I.9,,:,_.gov-
ernlng the construc-t-ion or rebuild of the cable tel6VlSlOn sys-
tem theTe shall be recoverable jointly and severally tram the
principal and surety of the bond. any damages'or lo~.:!;.[jffered
by the City as a result. including the full amount of any compen-
sation, indemnification, or cost of repair, construction, re'::n..oval or
abandon-ment of any property of the Grantee, plus a reasonable I
allowance for attorney's fees and costs, up to the !ull amou~t of :
the bond. In addition, failure to meet con-structlon ~eadhnes
shall result in forfeiture of said bond or withdrawal from the con-
struction bond. The bond shall contain the following endorse- '
ment This pollcy may !'\Ot be can-celed nor the amount of cov-
er-age thereof re-duced until thirty (30) days after re-ceipt by the
City Manager of a written notice of such intent to cancel or
reduce the cover-age.
C. Release of the bond: Upon the City's determination that the
construction or rebuild of a cable television system is complete,
the Grantee shall be notified by the City that the bond required
, under this section shall be released.
O. l.etter of credit:
1. The Grantee shall obtain, maintain, and file with the City an !
irrevocable letter of credit from a financial insti-tutio.n acceptablel
to the City and licensed to do business in the State In an amount
of seventy-fIVe thou-sand ($75.000.00), naming the City. ~ ben-
eficia-ry for the faithful perfor-m-ance by it of all thEl'prOVlslo~s of
this franchise and compliar'ICe with all orders, permits and direc-
tions of any agency of the City having juris-diction over its acts
or defaults under this contract and the payment by the Grantee
of any claims, liens and taxes due the City which arise by rea-
son of the construction, oper-ation or mainte-nance of the sys-
tem. The letter of credit shall be released only upon expiration
of the fran-chise or upon the replace-ment of the letter of credit
by a successor Grantee.
2. Within thirty (30) days after notice to it that any amount has
been with-drawn from the letter of credit pursu-ant to subsection
0.1. of this section, the Grantee shall pay to, or deposit with, the
City Clerk a sum of money or securities sufficie~t to restore such
security fund to the original amount of seventy-fIVe thousand dol-
lars ($75,000.00) up to a total during the franchise term of
$500,000.
3. If the Grantee fails to pay to the City any compens~tion
required pursuant to this article within the time fi,:ed herein; or,
fails, after ten (10) days' notice to pay to the City any taxes due
and unpaid; or, fails to repay to the City, within such ten (10)
days, any damages, costs or expenses which the City shall be
~~
-- ~'-'
~
-.-;,
compelled to pay by reason of any act or default of the Grantee
in connection with this franchise; notice of such failure by the
office of the City Manager, to comply with any provisions of this
contract which the office of the City Manager reasonably deter-
mines can be remedied by an expenditure of the letter of credit, .
the City Clerk may immediately withdraw the amount thereot,
with Interest and any penal-ties, from the security fund. Upon
such withdrawal, the City Clerk shall notify the Grantee of the
amount and date thereof.
4. If the Grantee wishes to contest withdrawal, the Grantee may
petition to the Iowa City Telecommunications Commission for a
hearing within ten (10) days from date notice of withdrawal is
mailed or otherwise given.
E. Replenishment of Jetter of credit and construction bond: No
~ later than thirty (30} days, after mailing to the Grantee by certi-
fied mail notification of a withdrawal pursuant to paragraphs C
and 0 above, and after the total amount of funds in the letter of
credit is $50,000, the Grantee shall replenish the letter of credit
or construction bond in an amount equal to the amount so with-
drawn. Failure to make timely replenishment of such amount to
the letter of credit and construction bond shall constitute a viola-
tion of this Ordinance. .
Sec:.12-4-16: Fees, rates and charges.
A.Schedule filings: Subject to Federallew, Gral"lte9 she" file- with
the City schedules which shall describe all services offered. all
rates and charges of any kind, and ell terms and conditions
. relating ther~to. No rates or charges shall be effective except as
they appear on a schedule so filed. Grantee shall notify the City
and subscribers in writing at least thirty (30) days prior to the
implementation of any change in services offered, rates
charges, or terms and conditions related thereto.
e, Nondiscriminatory rates: Unless otherwise allowed by FCC
regulation. Grantee shall establish rates that are nondiscrimina-
tory within the same general class of subscribers which must be
applied faJrly and uniformly to all subscribers in the franchise
area for all services. Nothing contained herein shall prohibit the
Grantee from offering (i) discounts to commercial and muNiple
family dwelling subscribers billed on a bulk basis; (ii) promotion-
al discounts; (iii) reduced installation rates for subscribers who
have multiple services; or (iv) discount for senior citizens andlor
low income residents. Grantee's charges and rates for all serv-
ices shall be itemized on subscriber's monthly bills.
C. City regulation: To the extent that federal or state law or reg-
ulation may now, or as the same may hereafter be amended to,
authorize the City to regulate the rates for any particular service
tiers, service packages, equipment, or any other services pro-
vided by Grantee, the City shall have the right to exercise rate
regulation to the full extent authorized by law, or to refrain from
exercising such regulation for any period of time. at the sole dis-
cretion of the City. .
O. Rate regulation of the twsic tier and charges: The City will fol-
low FCC Rate Regula-ions. in connection with such regulation,
the City will ensure a reason-ble opportunity for consideration of
the views of interested parties; and the City Attorney, or
designee, is authorized to execute on behalf of the City and file
with the FCC such certification forms or other instruments as are
now or may hereafter be required by the FCC Rate Regulations.
. E. Ability to petition: If applicable, the City shall have the right
to petition the Federal Communications Commission or other
appropriate agency or organization to obtain rate regulation
authority or to petition the federal body to re\liew or regulate
rates in the City.
F.Notification of charges: The Grantee may establish charges for
its services not spec-ified in subsection (a) above; however, all
such charges, including but not limited to additional service,
leased channel, discrete channel, and production rates shall be
made public and two (2) copies of the schedule of charges, as
originally and thereafter modified, shall be filed with the City
Clerk thirty (30) days prior to the effective date of such changes.
G. Deposits on advance payments to be approved: The Grantee
shall receive no deposit, advance payment or penalty from any
subScriber or potential subscriber other than those established
in the schedule of charges previously filed with and/or approved
by the City Council.
H. Purchase of switch: In the event that the FCC does not reg-
ulate antenna switches, andlor that a switch or other appur-
tenant device is required to permit subscribers to receive full
I broadcast network service, the Grantee shall give the subscriber
the op-tion of purchasing the switch at a reasonable cost at the
tlme of initial installation thereof. or of purchasing said 'switch or
. other appurtenant device at the then prevailing local installment
plan interest rate. The Grantee hereby agrees to allow the sub-
scriber to provide a switch or other appurtenant device at its sub-
scriber terminal, provided that such device meets with the
approval of the Grantee. Such approval shall not be withheld if
it is shown that such device does not interfere with the operation
of the cable television system. If the subscriber elects not to pur-
chase or provide said switch or other appurtenant device, the
Grantee may ma~ an addItional charge 10r the rental of such
switch or other apPur'tenant.device.PI9Vidjng that the additional
t
~, !::IS - '-\\1" '\
\'-5 . \ () \
IT"'
chci"rgeiiin aCCordance with the sctiiidull3 of chargescontaliied" -
in the Grantee's application for a franchise here-under or here-
after shall be filed with and approved by the City. .
I. SubScriber refunds in addition to those authorized by the FCC:
1. If any subscriber of the Grantee of less than ten (10) days .ter-
minates services due to the Grantee's failure to render service
to such subscriber of a type and technical quality provided for
herein:
2. If service to a subscriber is terminated by the Grantee without
good cause; or
3. If the Grantee ceases to provide service for twenty-four hours
or more, the cable television system authorized herein for any
reason except termlna-tion or expiration of a franchise grant-ed
hereunder;
The Grantee shall refund to such subscrib-er an amount equal
to the monthly charge, installation and connection charge paid
by such subscriber in accordance with the then-e)(isting sched.
ule of charges.
-- J. Disconnection: Except as provided by FCC rate regulation,
there shall be no charge for disconnection of any installa-tion or
outlet. If any subscriber fails to pay a properly due monthly sub-
scriber fee, or any other properly due fee or charge, the Grantee
may ,disconnect the subscriber's service outlet. Such discon-
nection shall 1'10\ be effected until forty-1\ve (45) days a1ter the
due date of said delinquent fee or charge, and after adequate
written notice of the intent to disconnect has been delivered to
the subscriber in question. Upon payment of charges due and
the payment of a reconnection charge, H any, the Grantee shall
promptly reinstate the subscriber's cable service after request by
subscriber.
K. Rates subject to other regulations: The Grantee in submitting(
its request for approval of initial rates or any subsequent rates
shall do so for basic service and related equipment to be per-
formed to or for subscribers described in this ordinance. If FCC
rules and regulations, or any other applicable laws or regula-
tions, shall subsequently determine that the City of Iowa City has
jurisdiction over other services or service to be offered or per-
formed, said rates shall be subject to approval by the City at that
, time.
L. Reduction of fees: If during the term of any franchise or
I renewal thereof granted hereunder, the Grantee receives
refunds or if the cost of operation to the Grantee is reduced as
a result of an order of any regulatory body having competent
\ jurisdic-tion, the Grantee shall pass on to its sub-scribers on a
I prorated basis any such savings or reduced costs pursuant to I
FCC regulation.
M. Rate change procedures:
1. Limitation on application for in-crease in rates: The Grantee
shall not, unless allowed by FCC regula-tions, file more t~an one
application for an increase in fees, rates or charges dUring any
calendar year except to seek relief from the impo-sition of feder-
al, state or local taxes or other legally imposed fees not contem-
plated in the most recent rate determina-tion. .
2. Review of rates: The Iowa City Telecommunications
Commission shall review the Grantee's schedule of fee's, rates
or charges that are within the City's regulatory jurisdic-tion, upon
application by the Grant-ee as herein provided or at an~ tim~ on
its own motion. The Iowa City Telecommunl-catJons
Commission shall submit such schedule and any contemplated
modi-fications thereof, together- with its recommen-dations, to
the City Council as expressed in suc~ a resolution. The City
i- Council may, pursuant to FCC regulations, reduce or Increase
such fees, rates or charges adopted for this purpose and, unless
allowed by FCC regula-tion, no change in the Grantee's sched-
ule of fees, rates or charges shall be effective without prior
action of the Iowa City Tele-com-munications Commission and
the approval of the Council.
No such resolution shall be adopted without prior public notice
and oppor-tunity for all interested mem-bers of the public, includ-
ing the Grantee, to be heard, subject to the procedures set forth
in this ordi-nance. No change in City regulated fees. rates and
charges shall take effect until thirty (30) days after the approval
of the rates by the City Council.
3. Documentation of request for in-crea~e: . Any. incre~se
requests, in addition to other factors descnbed In thiS sectl?n,
shall be supported by a showing of increased costs for the eXIst-
ing services or proposed services and shall be filed in two (2)
copies with the City Clerk. If a Grantee requests a change, It
shall present in detail in writing the sta-tistlcal basis, in addition
to other requirements as set out in this sec-tion, for the proposed
fee change in accordance with FCC rutes. .
4. Records to be made available: For the purposes of determm-
ing the reason-ableness, of Grantee fees, rates or charges,
Grantee records relating the same shall be made available to the
Cily.
Sec. 12-4-17: Public, education and govern-ment connec-
tion to cable television system.
The Grantee shall provide upon request within the City one con-
nection and monthly service for basic service and all non-pay
services to such public, parochial and nonprofit private schools,
the University of lowa,QLty fI~!iignateqp'ublic access facility. City
~andottier government"buildings and' other agencies;provlded
that such designated locations are within two hundred (200) feet
of any network cable route. Initial installa1\on shall be wi1hout
charge. Rates for monthly service to residential or living units
within such entities may be negotiated with each such entity.
The Grantee may charge for any excess footage on the basis of
time and material for any such loca-tions beyond the two hun-
dred-foot limitation if such connection is designated by the City.
The City reserves the right for itself and the above entities at
their individual expense to extend service to as many areas with-
in such schools, buildings and agencies as it deems desirable
without payment of any additional installation fee or monthly fee
to Grantee. All such exlen-slons, however, shall be accom-
plished in such a way so as not to interfere with the operation of
the cable television system. Institutions receiving free drops will
consult with Grantee on the technical standards to be used for
such extensions. The Grantee shall comply with the publiC, edu-
cational and government access requirements specified in the
franchise.
Sec. 12-4-18:' Interconnection of network.
Area interconnection: The Grantee shall be interconnected with
other communities and cable companies as specified in the
francnise. '
Sec. 12-4-19: Construction timetable tor Initial construc-
tion, . .
A. Permit application: It is hereby deemed in the public interest
that the system be extended as rapidly as possible to all resi.
dents within the City. Within ninety (90) days of the effective date
of a franchise granted hereunder, the Grantee shall file with the
appropriate authorities and utilities all initial papers and applica-
tions necessary to comply with the terms of this article including
the application for franchise and any additions or amendments
thereto and shall thereafter diligently pursue all such applica-
tions. After the Grantee has diligently pursued the acquisi-tion
of necessary pole attachment con-tracts, or other necessary
easemer.ts, and wheTe such necessary contracts have not been
executed or easements obtained after a reasonable period of
time as determined by the City, the City may, at its discretion,
provide assistance to ensure the extension of the system to all
residents.
B. Commencement of construction: Within one hundred eighty
(180) days of the effective date of FCC certification, the Gra.n~ee
shall initiate construction and installation of the cable televISion
system. Such construction and installation shall be pursued with
reasonable diligence.
C. Commencement of operation: Within twelve (12) months of
the effective date of FCC certification, the Grantee shall com-
mence operation within the meaning set forth in this ordinance.
D. Sustained completion of construction: Within the time speci-
fied in the franchise agreement, the Grantee shall have sub-
stantially completed construction of the service area within the
meaning set forth in this ordinance.
E. Provisions of basic service: Within the time speCified in the
franchise agreement, the Grantee shall have placed in use suffi-
cient distribution facilities so as to offer basic service to one hun-
dred (100) per cent of the dwelling units in the service area to
which access is legally and reasonably available.
F. Delays and extension of time: The City Council may in its dis.
cretion extend the time for the Grantee, acting in good talth, to
perform any act required hereunder. The time for performanc;~
shall be extended or excused, as the case may be, for any peri-
od during which the Grantee demonstrates to the satisfaction of
the City Council that the Grantee is being subjected to delay or
interruption due to any of the following circumstances if reason-
ably beyond its control: .
1.necessary utility rearrangements, pole change-outs or obtaIn-
ing of easement. rights. .
2. governmental or regulatory restric-tions,
3.1abor strikes,
4.lockouts,
5. war,
6. national emergencies,
7. fire,
a~~G~. _
G. When certain operations are to com-mence: If FCC certifica-
tion is not required for a franchise granted under this article, ~II
time periods specified in su~sections (A)~ (C), (D) and (E) of t~IS
section shall commence WIth the effective date of a franchise
granted hereunder.
Sec. 12-4-20: Construction timetable tor rebuild construc-
tion.
A. Compliance with construction and techni-cal standards:
"Grantee shall construct, rebuild, install, operate and maintain its
system in a manner consistent with all laws, ordinances, con-
struction standards or guidelines, governmental requirements,
FCC technical standards, and detailed technical standards pro-
vided tor in t~~ fr~.fhise.
~. ~.s- -Y:(Io,\
-"- "
B. Constructiontimefable: The Grantee shalt construct and
complete the system rebuild in accordance with the timetable set
forth in the franchise. .
C. Delays and extension of time: The City Council may in its dis
eretion extend the time for the Grantee, acting in good faith, 10
perform any acl required hereunder. The time for pertormance
shaH be extended or excused, as the case may be, for any peri-
od during which the Grantee demonstrates to the satisfaction of
the City Council that the Grantee is being subject-ad to delay or
interruption due to any of the following circumstances if reason.
ably beyond its control:
1. necessary utility rearrangements, pole change-outs or obtain.
ment of easement rights,
2. governmental or regulatory restric-tions,
3. labor strikes,
4. lockouts,
5. war,
6. national emergencies,
-7. fire,
8. acts of God.
Sec.12-4-21~..Network-deecriptlon; ,___"""'_____..... - .-;-- -"'" -,j'
'-A. SYStem bandwidth capability: The Grant-ee shall install a
cable network according to the following specifications: The ini-
tial system shall be designed to a capacity equivalent to a mini-
. mum of 750 MHz and as specified in the franchise. The Grantee
at its option may provide for this increased capacity at the time ~'
of initial construction. . --~--"'-"~--=--"""~ ~-
As total bi-directional capacity is a priority goal of the City,
applicants for a franchise hereunder may propose gre~~~r ?han-
nel capacities and more sophisticated two-way capabilities than
the minimums set forth herein. However, such proposal shall
describe the particular community needs to be served thereby
and shall detail, as part of the financial projection and support
required in this ordinance the associated costs and revenues.
B. System configuration: The Grantee shall design and con-
struct the network using fiber to the node architecture, or better,
in such a way as to provide maximum flexibility and to provide
service to the fewest number of homes per fiber node as eco-
nomically feasible. .
C. Protection of subscriber privacy mandatory: Grantee shall at
all times protect the privacy of subscribers, as provided in this
ordinance and other applicable federal, state, and local laws.
D. Notice of privacy provisions: At the time of entering into an
agreement to provide any cable service or other service to a
subscriber, and at least once a year there-after, Grantee shall
provide notice consistent with and in accordance with federal
law in the form of a separate written statement to each sub-
scriber which clearly and conspicuously informs the subscriber
'of:
1. The privacy rights of the subscriber and the limitations placed
upon Grantee with regard this ordinance hereof and all other
applicable federal, state, and local subscriber privacy provi-
sions;
2. The nature of personally identifiable information collected or
to be collected with respect to the subscriber and the nature of
the use of such information;
3. The nature, frequency, and purpose of any disclosure which
may be made of such information, including an identifi-cation of
the types of persons to whom the disclosure may be made;
4.The period during which such information might be maintainec
by the cable operator;
5. The times and place at which the subscriber may have acces~
to such information in accordance with this ordinance and other
applicable federal, state, and local law;
6. A request for the subscriber signature allows for use of per.
sonally identifiable information.
E. Collection of personally identifiable information prohibited:
Grantee shall not use or permit the use of the cable system to
collect personally identifiable information concernin.g any sub-
scriber, except as necessary to render a cable service or ~ther
service provided by the cable operator to the subSCriber.
Grantee shall not install or permit the instaUation of any special
terminal equipment in any subscriber's premises for the two-way
transmis-sion of any aural, visual, or digital signals without the
prior written consent of the subscriber. Grantee shall not tabu-
late, nor permit others to tabulate, any subscriber use of the
cable system which would reveal the opinions or comm~rcial
product preferences of individual subscribers, whether res.lden-
tial or business, or of any occupant or user of the subSCriber's
pre-mises without written authorization from the subscriber for
his or her participation in a shop-at-home or similar service.
When providing such service, the Grantee may tabulate only
those responses essential to the functioning of that shopping or
other service, and may not use any such tabulation of individual
preferences for any other purposes. Tabulations of aggregate
opinion or preference are permitted, pro-vided the aggregations
are sufficiently large to assure individual privacy.
F. Disclosure of subscriber information pro-hibited: Grantee
shall not without the specific written authorization of the indi-vid-
ual subscribers involved, sell or otherwise make available to any
1 party any list of the names and addresses of individual sub-
scribers, any list which identifies the viewing habits ~f individual
subscribers, or any personal data, social secunty number,
income and ottler data the Grantee may have on file about indi-
_vidual subscribers. exceDt.8S necessary!Q...render or conduct a
Cfj,
~\ ~
Is
ieghlmatebUsinesS activity retatedto a cable serVicem otner
service provided by the cable operator to the subscriber, pro-
vided, however, that such disclosure shall not reveal directly or
indirectly the extent of viewing or other use by the subscriber of
a cable service or other service provid.ed by the cable operator,
.or the nature of any transaction made by the subscriber over the
cable system.
G. Notices of monitoring: Grantee shall report to the affected
parties, the City and other appropriate authorities, any instanc.
es of monitoring or tapping of the system, or any part thereof, of
which it has knowledge, which is not authorized under this sec-
tion whether or not such activity has been authorized by
Grantee. Grantee shall not record or retain any information
transmitted between a subscriber or user and any third party,
except as required for lawful business purposes. Grantee shall
destroy all subscriber or user information of a personally identi-
fiable nature after a reasonable period of time, unless retention
of such information is authorized by the affected subscriber or
user.
H. Polling by cable: No poll or other up-stream response from a
subscriber shall be conducted or obtained except as part of a
program that contains an explicit disclo-sure of the nature, pur-
pose and prospective use of the results of the poll or up-stream
response and where the program has an informational, enter-
tainment or educational function which is self.evident. Grantee
or its agents shall release the results of upstream responses
only in the aggregate and without individual references.
I. Monitoring devices: Grantee shall provide written notice to
each subscriber when equipment is to be installed on the sys-
tem which would permit the recording or monitoring of individual
viewing habits of a subscriber or household; such equipment
shall be installed only atter prior written permission has been
granted by the subscriber. Such permission may be valid for one
year only and may be renewed by permission of the subscriber.
In no event shall such permission be obtained as a condition of
service or continuation there-of. Grantee shall give each sub- "..---
scriber annual written notice of any such monitor-ing and of the
subscriber's right to terminate the monitoring in accordance with
the terms and conditions of the sub-scriber's contract with
Grantee..
J. Personally identifiable information: Grant-ee shall not predi. '
cate regular subscriber service on the subscriber's grant or I
denial of permission to collect, maintain or disclose personally'
identifiable information. A subscriber may at any time revoke
any permission previously given by delivering to the Grantee a
written statement of that intent.
K. Correction policy: Each subscriber shall be provided access
to all personally identifiable information regarding such sub.
scriber that Grantee collects or maintains or ai-lows to be col-
lected or maintained, and such subscriber shall be provided the i
opportunity to correct any error in such information.
L. Viewing habits: Any information concerning individual sub-
scriber viewing habits or responses, except for information for
billing purposes, shall be destroyed within sixty (60) days of col.
lection. Information for billing purposes shall be kept for two (2)
years and then destroyed unless otherwise required to be kept
bylaw.
M. System performance: This section is not intended to prohib-
it the use or transmission of signals useful only for the control or
measurement of system performance. .
N. Subscriber and user contracts: This section of this ordinance
shall. be enforceable directly by every aggrieved subscriber or
user and by every aggrieved person seeking to become a sub-
scriber or user. Grantee shall include the fOllowing provision in
every contract or agreement between Grantee and any sub- .
scribers or user:. .
The subscriber/user, as part of this contract, has certain rights
of privacy prohibiting the unauthorized monitoring of service and
publication of personal information under the control of (Name of
Grantee), including without limitation, information regarding pro.
gram selections or service uses. (Name of Grant-ee) shall make
available upon the request of the subscriber/user further
description of said rights as established in its ordinance and
franchise with the City of Iowa City.
,
Grantee shall not allege or contend that any actual or potential
subscriber or user may not enforce this ordinance by reason of
lack of privacy.
Sec. 12-4-22: Network technical requirements.
General requirements: Each cable television system must be so
designed, installed and operated as to meet FCC technical stan-
dards and standards set forth in the franchise.
Sec. 12-4-23: Performance measurements.
A. General requirements: Test procedures utilized shall be in
accordance with those promulgated by the FCC and the
National Cable Television Association.
B. Additional resrs and inspection: The City reserves the right to:
1. Require additional tests for cause at specific terminalloca-
tions at expense of the Grantee, and
2. Conduct its own inspections ot the cable television system on
its own motion at any: time during no~usiness hours with
~,<::IS -<'t(ie\
reasonable ad.vance notice. -
C. Report of measurements combined: To the extent that the
report of measure-(I)ents as required above may be combined
with any reports Of measurements required by the FCC or other
regulatory agencies, the City shall accept such com-bined
reports, provided that aU standards and measurements herein or
hereafter established by the City are satisfied.
Sec. 12-4-24: Construction standards.
A.Antennas and towers: Antenna supporting structures (towers) .
shall be designated for the proper loading zone as specified in
the Electronics Industry Association's Specifications as amend-
ed fram time to time.
S. Compliance with aviation requirements: Antenna supporting
structures (towers) shall be painted. lighted, erected Bnd main-
tained in accordance with all applicable rules and regulations of
the Federal Aeronautical Agency, the state aeronautics board
governing the erection and operation of supporting structures or
television towers, and alf other applicable local or state codes
.and regulations.
C. City approval of construction plans: Prior to the erection of
any towers, poles or conduits or the upgrade or rebuild of the
cable communications system under this ordinance, the Grantee
shall first submit to the City and other designated parties for
review, such information as specified in the franchise. No erec-
tion or installation of any tower, pole, underground conduit. or fix-
ture or any rebuilds or upgrading of the cable communications
system sha" be commenced by any person until approval, there-
fore, has been received from the City.
D. Contractor qualifications: Any contractor-proposed for work of
construction, installation, operation, maintenance, and repair of
system equipment must be properly licensed under laws of the
State, and all local ordinances. In addition, the Grantee shall
submit to the City, every two years, a plan 10 hire persons local-
ly for the construction; installation. operation, maintenance and
repair of the system equipment.
E. Minimum mterference: The Grantee's system and associated
equipment erected by the Grantee within the City shall be so
located as to cause minimum interference with the proper use of
streets, alleys, and other public ways and places, and to cause
minimum interference with the rights and reasonable conven- I
ience of property owners who adjoin any of the said streets,
alleys or other pUblic ways and places. No pole or other fixtures
placed in any publiC ways by the Grantee shall be placea in such
a manner as to interfere with normal travel on such public way.
F. City maps: The City does not guarantee the accuracy of any i
maps showing the horizontal or vertical location of existing sub-I
structures. In pUblic rights-of-way, where necessary, the location (
shall be verified by excavation.
G. Quality of construction: Construction, installation, operation,
and maintenance of the cable communications system shall be
performed in an orderly and workmanlike manner, in accordance
with then current technological standards. All cables and wires
shall be installed, where possible, parallel with electric and tele-
phone lines. Multiple cable configurations shall be arranged in
parallel and bundled with due respect for aesthetic and engi-
neering considerations.
H. Construction standards: The construction, installation, oper-
ation, maintenance, and/or removal of the Cable Communica-
tions System shall meet all of the following safety, construction,
and technical specifications and codes and standards:
Occupational Safety and Health Ad-ministration Regulations
(OSHA)
National Electrical Code
National Electrical Safety Code (NESC)
National Cable Television Standard Code
AT&T Manual of Construction Proce-dures (Blue Book)
Bell Telephone Systems Code of Pole line Construction
All Federal, State and Municipal Construction Requirements,
including FCC Rules and Regulations
Utility Construction Requirements
All Building and Zoning COdes, and All Land Use Restrictions,
as the same exist or may be amended hereafter.
Sec. 12-4-25: ErectIon, removal and common use 01 poJea.
A. Approval for poles: No poles shall be erected by the Grantee
without prior approval of the City with regard to location, height,
types and any other pertinent aspect. However, no location of
any pole or win~-holding structure of the Grantee shall give rise
to a vested interest and such poles or structures shall be
removed or modified by the Grantee at its own expense when-
ever the City determines that the public convenience would be
enhanced thereby.
B. Requirements to use existing poles: Where poles already
exist for use in serving the City and are available for use by the
Grantee, but Grantee does not make arrangements for such
use, the City may require the Grantee to use such poles and
structures if it determines that the public convenience would be
enhanced thef'Elby and the terms of the use available fo the
Grantee are just and reasonable.
880.12-4-26: Construction reporting requlre-ments.
A. Progress reports: Within thirty (3D) days of the granting of a
franchise pursuant to this ordinance, the Grantee shall provide
the City with a written progress report detailing work completed
~j.\~\ IS-
to date-and a schedule fOrcomplettbri ofcCinstructlciri:-SiJch-
report shall include a description of the progress in applying for
any n~essary agreements, licenses, or certifications and any
other Information the Cable Television Administrator may deem
necessary. The content and format of the report will be deter-
'!lined by the Cable Television Administrator and may be modi-
fIed at the Administrator's discretion.
B. Til1}8fra/718 for r~ports: ~h written progress reports shall be ;
submitted to the City on a bImonthly basis throughout the entire
construction or rebuild process. The Cable Television
Administrator may require more frequent reporting if the
Administrator determines it is necessary to better monilor the
Grantee's progress.
C. ~ubscriber informatio.n: Prior to the com-mencement of any
mSjo.r system construc-tlon, the Grantee shaU produce an infor.
me-tional document 10 be distributed to all residents of the area .
to: be unde~ construc-tion, which shall describe the activity that
Will be taking place. The informational document shall be
reviewed by the Cable Television Administra-tor prior to its distri.
butlon.
Sec. 12-4-27: Channels to be provided.
A.Leased access channel: The Grantee shall maintain -at least
one specifically designat-ed channel for leased access uses. In
addition, other portions of its nonbroad"'Cast bandwidth, includ-
Ing unused portions of the specifically designated channels,
shall be available for leased uses. On at least one of the leased
channels, priority shall be given to part-time users.
B. Television broadcast signal carriage: The Grantee shall carry
those television broad.ca.st signals which are in accordance with
Part 76, Section 76.63 of the FCC Rules and Regulations as
such rules are amend-ed from time to time. The provision of
additional television broadcast signals as provided for in Part 76
Section 76.63(a) shall also be required as amended from time t~
time.
C. Basic sSNics: Channels to be included on the firsltier of
~ervlce not requiring a converter or other appurtenance shall
InClude: all television signals described in subsections A., B. and
D. of this section. As the maximized use of the total channel
capacity Is of great interest to the City, applicants for a franchise
hereunder may submH proposals to utilize channels be-yond the
basic service. Such a proposal may include the use of convert-
ers at no additional charge to subscribers.
'? Access channels: Grantee shall provide the public educa-
tIOnal ~nd governmental access channels as specified in Ihe
fran-chls~. The. entities operating access chan-nels shall, in
coope~atl.on With the Iowa City Telecommuni-cations
CommiSSion, ~evelop rules for such channels. Such rules shall
be placed on fIle with the City Clerk.
Sec. 12428: Condltlon$ of street occupancy:
A. ~proval of proposed construction: The Grantee shalt first
obtain the approval of the City prior to commencing construction
on t~~ st~eets. alleys, public grounds or places of the City as
specified In the franchise.
e. Permits: . A Gran.tee shall obtain construc-tion permits in con-
formance With all City rules and regulations.
C. C~anges required by public improvements: The Grantee
shall, at It.s expense, protect, support, temporarily disconnect. or
relo:;:ate In other 'public place any property of the Grantee when
requIred by ~he City by reason of traffic conditions, public safety,
street vacatlo~, street. construction, change or eslablishment of
street grade, Installation of sewers, drains, water pipes, City-
owned pow~r or signal lines, and tracts or any other type of
structure or J~~rovement by public agencies.
D. Us~ of eXlstmg poles or conduits: Nothing in this article or any
franchls~ gr~n~ed here~nder shall authorize the Grantee to erect
and .":,alnlaln In the City new poles where existing poles are
servr~lng the area. The Grantee shall require permission from
the City before erecting any new poles, underground conduit or
appurten~nces where none exist at the time the Grantee seeks
to mstalllts network.
E. f..!nderground installation: All installations Shall be under-
wound In those areas of Ihe City where public utilities providing
elt~er telel?hone or electric service are underground at the time
of l.~~tallatlon. In areas where either lelephone or electric utility
faclhl.les ar~ abov~ ground al the time of installation, Grantee
may mstalll~ ~ervlC6 above ground, provided that at such time
a~ those facilities are required to be placed underground by the
~Ity or ~re placed underground, the Grantee shall likewise place
Its se~~es underground without additional cost to the City or to
the Ind.lvldual ~lJbscribers so served within the City. Where not
otherwise re~Ufred to be placed underground by this ordinanCe
or the franchIse, the Grantee's system shall be located under-
ground al the request of the adj.acent property owner,. provided
that the excess cost over the aenallocation shall be borne by the
property owner making the request. All cabJe passing under the
roadway shall be installed in conduit.
~..."
i\
~. ~s- -'-t~ 10,\
F: PiJdestals: When tio.using' mfnj~tiubs, switching~eq~p:. :
ment are to be utilized on the public right of way, such equipment
must be completely buried beneath streets or sidewalks. Any ,
pedes-':8ls located in the pUblic right of way shall comply with
city ordinances or regula-lions. All such buried equipment shall
b~ shown in plan and cross-section on the design plans for per-
mits.
G. Facilities not to be hazardous or interfere: All wires, conduits,
cable and other property and facilities of the Grantee shall be so
located, constructed, installed and maintained as not to endan-
ger or unnecessarily interfere with the usual and custom-ary
trade, traffic and travel upon the streets and public places of the
City. The Grantee shall keep and m'aintain all its property in
good condition, order and repair. The City reserves the right
hereunder to inspect and examine at any reason-able time and
upon reasonable notice the property owned or used, in part or in
whole, by the Grantee. The Graroee shall k.eep accurate maps
and records of all its facilities and furnish copies of such maps
and records as requested by the City. A Grantee shall not place
poles or other equipment where they will intertere with the rights
or reasonable convenience of adjoining property owners or with
any gas, electric or telephone fixtures or with any water hydrants
or mains. All poles or other fixtures placed in a street shall be
placed in the right-of-way between the roadway and the proper.
ty, as specified by the City.
H. Method of installation: All wires, cables, ampl\1iers, and other
property shall be constructed and installed in an orderly manner
consistent with the trade. All cables and wires shall be installed
parallel with existing telephone and electric wires whenever pos-
sible. Multiple cable configurations shall be arranged in a paral-
lel and bundled, with due respect for engineering and sa1ety con-
siderations. All installations shall be underground in those areas
of the City where public utilities providing tele-phone and electric
service are underground at the time of installation. All under.
ground instaUations of wires and cable sha" be buried at least
twelve (12) inches. below ground, and. no trenching or other
under-ground installation shall be commenced without notice to
the City Forester. All underground installation shall be per-
formed in compliance with City Forester directions.
I. Protection of facilities: Nothing contained in this section shall
relieve any person, company or corporation from liability arising
out of the failure to exercise reasonable care to avoid injuring the
Gran-tee's facilities while pertorming any work. connected with
grading. regrading or changing the line of any street or pUblic
place or with the construction or reconstruction of any sewer or
water system. Any person, company or corporation in-tending to
pertorm any of the abo....e-de.scribed work In an area where
Grantee's facilities are located shall notify Grantee at least twen,~
ty-four (24) hours prior to per.forming said work.,
J. Requests for removal or change: The Grantee shall, on the
request of any per-son holding a building moving permit, tem.
porarily raise or lower its wires to permit the moving of said build-
ing. The expense of such temporary removal, rais-ing or lower-
ing of wires shall be paid by the person requesting the same"
and the Grantee shall have the authority to require such pay-
: ment in advance. The Grantee shall be given not less than ten
(10) work-ing days' notice of any move contemplat.ed to arrange
for temporary wire changes.
K. Authority to trim trees: The Grantee may trim trees upon and
overhanging streets, alleys, sidewalks and other public places of
the City so as to prevent the branches of such trees from com.
ing In contact with the wires and cables of the Grantee. No trim-
ming shall be done except under the superv1sion and direction
of the City For.ester, upon the explicit prior written notifi-ca.tion
and approval of the City Forester and at the expense of the
Grantee. The Grantee may contract for such services; however,
any firm or individual so retained shall receive City Forester
approval prior to commencing such activity.
L. Restoration or reimbursement: In the event of disturbance of
any street or private property by the Grantee, it shall, at its own
expense and in a manner appro....ed by the City and the owner,
replace and restore such street or private property in as good a
condition as before the work causing such disturbance was
done. In the event the Grantee fails to perform such replace.
ment or restoration, the City or the owner shall have the right to
do so as the sole expense of the Grantee. Payment to the City
or owner for such replacement or restoration shall be immedi-
ate, upon demand, by the Grantee. AU requests for replacement
or restoring of such streets or private property as may have been
disturbed must be in writing to the Grantee.
M. OffICe and records in City: The Grantee shall at all times
make and keep at an office maintained by the Grantee in the
City full and complete plans and records showing the exact loca-
tion of all cable television system equipment installed or in use
in the streets or other public places of the City. The Grantee
shall furnish the City complete maps upon request, com-patible
with the City's geographic information system, showing all of the !
cable television system equipment installed and in place in
streets and other pUblic places of the City. Such maps shall be I
updated annually. _ -
~~,\~~ IS-
:--N:-Erifiirgency ilJiriovalOf pla~tIi. at a;:.ytlm;' i~~7
disaster in the City, it shall become necessary in the reason.able '
judgment of the City to cut or move any of the wires, cables
amplifiers, appliances or appurtenances thereto of the Grantee'
such cutting or moving may be done and any repairs rendered
necessary thereby sha" be made by the Grantee, at its sole
~xpense provided t~at ~uch r,epairs are not necessitated by neg.
IIgent act of the City, In which case, cost for repairs shall be
borne by the City.
O. Alternate routing of plant: In the event continued use of a
street is denied to the Grantee by the City for any reason the
Grantee will make every reasonable effort to provide se:Vica
over alternate routes.
Sec. 12-4-29: Unauthorized connections or modifications.
A. Unauthorized COI'lnections prohibited: It shall be ul"llaw1ul fOT
any firm, person, group, company, corporation or governmental
body or agency, without the ex.pressed consent of the Grantee,
to make an~ conn,ectio~, extension or divish;m, whether physt-
cally, acoustically, InductIVely, electronically or otherwise. with or
to any segment of a franchised cable television system for any
purpose whatsoever, except as provided in this ordinance.
~. Removal or destruction prohibited: It shall be unlawful for any
firm, person, group, company, corporation or government body
or agency to willfully interfere, tamper, remove, obstruct or dam-
age any part, segment or content of a franchised cable television
system for any purpose whatsoever.
Sec. 12-4-30: Preferential or discriminatory practices pro-
hibited.
A. Prohibited employment practices: The Grantee shall not com.
mit any of the follOwing employment practices and agrees to pro-
hibit the following practices in any contracts or subcontract
entered into or effectuate the operation of this franchise.
1. To discharge from employment or refuse to hire any individual ,
because of their race, color, religion, creed, sex, national origin,
age, disability, marital status or sexual orientation.
2. To discriminate against any individual in term, conditions or
privileges of employment because of their race, color, reUgion,
creed, sex, national origin, age, disability, marital status or sex-
ualorientation.
The Grantee shall be an Equal Opportunity/Affirmative Action
Employer adhering to all Federal, State or municipal taws and
regulations. Pursuant to 47 CFR Sec. 76.311 and other applI-
cable regulations of the FCC, Grantee shall file an Equal Em-
ployment Opportunity/Affirmative Action Program with the FCC
and otherwise comply with aU FCC regulations with respect to
Equal Employment/Affirmative Action Opportunities.
B. Employment poliCy: Grantee shall take affirmative action to
employ, during the construction, operation and maintenance of
the cable communications system mi-norities and females as set
forth in the franchise. Upon request by the City, Grantee shall
, submit to the City annual reports indicating such compliance.
1 C. Procuremero: For all services, matenals or equipment pur.
chased for the construc.tion, operations or maintenance of the
cable communications system, Grantee shall wherever possible,
purchase from com pet-Hively priced and otherwise qualified
minority-owned, or female owned busi-nesses located in the City
of Iowa City, as set forth in the franchise.
D. Local employment and procurement pra.c.tices: Whenever
possible, all services, personnel, hardware and supplies for the
construction, maintenance and operation of the system shall be
procured locally.
E. Services to be equally available: The Grantee shall n: refuse J
cable television services to any person or organization who
requests such service for lawful purpose, nor shall a Grantee
refuse any person or organization the right to cablecast pursuant
to provisions of this article, The Grantee shall not, as to rates,
charge'S, service facUities, rules, regulations or in any other
respect, make or grant any unreasonable preference or advan-
tage, not subject any person to any prejudice or disadvantage.
The. Grantee shall take affirmative steps to disseminate the infor-
mation concerning the availability of its services to all minority
and other under represented groups. This provision shall not be
deemed to prohibit promotional campaigns to stimu.late sub-
~cription to the system or other legitimate uses thereof, nor shall
It be deemed to prohibit the establishment of a graduated scale
of c~arges and classified rate schedules to which any customer
coming within such classifications shall be entitled, provided
such schedules have been filed with and approved by the City
as provided in this ordinance. '
F. Fairness of accessibility: The entire sys.tem of the Grantee
s~aU be operated in 8 manner consistent with the principle of
fairness and equal accessibility of its facilities, equipment, chan-
; ~els, stu~ios and other ~~rvices ~o all citizens, businesses, pub.
IIc agenCies or other entltles haVIng a legitimate use for the sys-
tem. No one shall be arbitrarily excluded from its use. Allocation
of use of sai(j f~il!t~E!5 shal! be m~~e ~ccordl~g to the rules or
~
deCisionsofiegulatoly agencies affecting the same, aridwliere-
such rules or decisions are not effective to resolve a dispute
, between conflicting users or potential users, the matter shall be
submitted for resolution by the Iowa City Telecommunications
Commission.
Sec. 12-4-31: Installations, connections, and other services.
A. Standard installations: Standard installation shall consist of a
service not exceed-Jng one hundred fifty (150) feet from a single
point or pedestal attachment to the customer's residence.
Service in excess of 150 feet and concealed wiring shall be
charged at such cost as exceeds normal installation costs. The
. desire of the Subscriber as to the point of entry into the resi-
dence or commercial establishment and location of pedestal
shall be observed whenever possible. Runs in building interi-ors
shall be as unobtrusive as possible. The Grantee shall use due
care in the process of installation and shall repair any damage
to the subscriber's property caused by said installation. Such
restoration shall be undertaken within no more than ten (10)
days after the damage is incurred and shall be completed as
soon as possible thereafter.
" B.Deposits: Any deposit required by Grantee shall bear interest
~ at the current lending rate. '
C. Lockout devices: The Grantee shall provide to the potential
subscriber, as part of its promotional literature, information con-
cerning the availability of a lockout device for use by a sub-
scriber. The lock-out device described herein shall be made
available to all subscribers requesting it beginning on the first
day that any cable service is provided.
D. Reconnection: Grantee shall restore service to customers
wishing restoration of service provided customer shall first satis-
fy any previous 'Obligations owed.
E. Free disconnection: Subscribers shall have the right to have
cable service disconnected without charge. A refund of unused
service charges shall be paid to the customer within sixty (60)
days from the date of termination of service. .
F. Downgrade and upgrade fees: Any down-grade or upgrade
fees shall conform with FCC rules.
Sec. 12-4-32: Service calls and complaint procedures.
A. Business office staffing: Grantee shall provide all subscribers
or users with at least thirty (30) days prior written notice of a
change in business office hours. The business office shall main-
tain a staff adequate to process complaints, requests for instal-
lation, service or repairs, and other b~~iness in a timely.and effi- !
cient manner. Grantee shall add addltlonaltelephone lines and ,
service representatives when existing lines are substantially uti- '
lized or when a pattern of subscriber complaints reflect a need
for additional service employees. Additional offices and pay-
ment stations provided by the Grantee shall be included in the
franchise.
B. Telephone service: The Grantee shall have a listed, locally-
staffed telephone !:Iumbel'lfor service calls available twenty-four
(24) hours a day, seven (7) days a week. Said number shall be
made available to sub-scribers and the general public. The
Grantee shall provide ari unlisted locally-staffed telephone num-
ber to the City and utility companies to enable the City or utility
companies to reach the Grantee in case of emergency on a 24-
hour, 7-days-a-week basis.
C.Grantee rules: The Grantee shall prepare and file with the City
copies of all of its rules and regulations in connection with the'
handling of inquiries, requests and complaints. The Gran~ee
shall, by appropriate means, such as a card or br.och~re, !~rnlsh
information concerning the proce-dures for making InqUIries or
complaints, including the name, address and local telephone
number of the employee or employees or agent to whom such
Inqui-ries or complaints are to be addressed, and furnish infor-
mation concerning the City office responsible for the administra-
tion of the franchise, including, but not limited to, the address
and telephone number of said office.
D. Equipment service: The Grantee shall service or replace _
without charge all equipment provided by it to the subscriber,
provided, however, that the Grantee may charge a subscriber for
service to or replacement of any equipment damaged due to
negligence of such subscriber. .
~ E. Subscriber solicitation: Grantee shall provide the City with a
list of names and addresses of all representatives who will be
r soliciting within the City and the area in and the dates within
, such solicitations shall take place. Each such representative
and all other employees entering upon private property shall. be
required to wear an employee identification card issued by
Grantee and bearing a picture of said representative. Grantee
shall notify the general public of its solicitation in a man-ner cal-
culated to reach residents in the areas to be solicited in advance
of such solicitation.
F. Safes information: Grantee shall provide to alt subscribers
annually and all prospective subscribers or users with complete
written information concerning all services and rates provided by
Grantee upon solicitation of service and prior to consummation
of any agreement for installation of service. Such sales materi-
al shalt clearly and conspicuously disclose the price and other
information concerning Grantee's least costly service. Such
information shall be written in plain English and shall include but
shall not be limited to the following: all services, tiers, and rates;
deposits if applicable; installation costs; additional television set
charg,es; service upgrade or downgrade charges; lockout
devices; and information concerning the utilization of video cas-
sene recorders (VCRs) with cable service(s) and the cost for
hookina UD such VCRs SO that they: function as manufactured.
(:)s-- -<...t~I.:,\
\?:J. \~ ,I)
~ a -Biiiiilii praCtiCes infOrmation: Grantee sh.all'lnfornfall'sub=-
scribers annually. and all prospective subscribers or users of
complete information respecting billing and collection proce-
dures, procedures for ordering changes in or termination of serv-
ices, and refund policies, upon solicitation of service and prior to
the consummation of any agreement for installation of service.
I Such information shalt be written in plain English. ..
H. Notice of complaint procedures: Grantee shall penodlcally,
and at various times of the day, present its business office ad-
, dress and publicly listed local telephone number by means of I
I alpha-numeric display on a local origination channel. .
I I. InVestigation and remedial action: For recurrent co.mplalnts .
regarding service deficiencies (other than total or partial loss of ~
! service, such as ghosting, weak audio signal, distortion, and the I
like), the Cable Television Administrator may require the Grantee
to investigate and reporlto the causes and cures there?f, an~ '
the Cable Television Administrator may also conduct an Investi-
gation. Thereafter, the Cable Television f'-~ministrator may or.der
speci.fied;r~medial action.to be taken Wlt~l~ reaso~ably f~asl.ble
time limits. If such action IS not taken, or IS IneffectIVe, or If With-
in thirty.(30) days the Gra~tee files with the CitY: a notice of
objection to the order, the City may conduct a hearing and may,
if the evidence warrants a finding of fault on the part of the
Grantee, take appropriate action pursuant to the terms of this
ordinance.
Sec. 12-4-33: Transfer.
A. Transfer of franchise: A franchise shall not be assigned or
, transferred, either in whole or in part, or leased, sublet, or mort-
gaged in any manner, nor shall title to the cable s~tem, legal or
equitable, or any right, Interest or property therein, pass to or
vest in any person without the prior written consent of the City,
such consent not to be unreasonably withheld. Except that no
consent shall be required for any sale, transfer, or assignment of
ownership to an affiliate under common control with Grantee,
provided that prior to such transfE!r, Grantee provides to the City
verifiable information to establish that such transferee has the
financial legal and technical ability to fully perform all obligations
of the f~nchise. No such consent shall be required, however, for
a transfer by mortgage to a federally licensed lending institu-tion
In order to secure indebtedness. Within thirty (30) days of
receiving the request for transfer, the franchisin~ authority shalt,
in accordance with FCC rules and regulations, notify the
Grantee in writing of the information it requires to determine the
legal, financial and technical qualifications. of the transferee. ,If
the franchising authority has not taken action on the Grantee s
request for transfer within one hundred twenty (120) days after
receiving such_ requested information, consent by the franchising
authority shall be deemed given.
B. Transfer of ownership: The Grantee shall not sell, transfer or
dispose of thirty per-cent (30%) or greater ownership interest in
the Grantee or more at one time of the ownership or controlling
interest in the system, or thirty percent (30%) cumulatlyely over
\ the term of the franchise o~ such interests tl? a ,corporation, part- \
nership, limited partnership, trust or .assoclatlon, or person .or
. group of persons acting in concert WIthout the consent of City.
i Every sale, transfer, or disposition of thirty percent (30%) or
greater ownership lnter-est as specified above in the Grantee
shall make the franchise subject to cancellation unless and until
the City shall have consented thereto.
C. Transfer of control: The Grantee shall not change control of
the Grantee in whatever manner exercised without the prior writ-
ten consent of the City.
D.City approval: Every change, transfer, or acquisition of control
of the Grantee shall make the franchise subject to cancellation
unless and until the City shall have consented thereto. For the
purpose of determining whether it shall ~nsent t? such ~hange,
transfer, or acquisition of control, the City may Inquire Into the
legal, financial, character, technical and other publi~ interest
qualifications of the prospective transferee or controlh~g party,
and the Grantee shaH provide the City with all required Informa-
tion. The City reserves the right to im~ose c~rtain conditions on
the transferee as a condition of the franchise to ensure that the
transferee is able to meet existing ordinance and franchise
requirements. . . .. .
E. Assumption of control: Any flnanClallnstltutlon haVing a
pledge of the franchise or its assets for the advancement of
mon-ey for the construction andlor operation of the franchise
shall have the right to notify the City that it will take control and
operate the cable television system. If the financial institution
takes possession of the cable communications system the City
shall take no action to effect a termination of the franchise with-
out first giving to the financial institution written notice theroof
and a period of six (6) months thereafter (unless otherwise pro-
vided herein below) (i) to allow the financial institution or its
agent(s) to continue operating as the Grantee under the fran-
chise and; (ii) to request the City, and for the City to deter-mine
whether, to consent to the assignment of the Grantee's rights,
title, interest and obligations under the franchise to a qualified
operator. The City acknowledg-es that in order for the financial
institution to realize upon the collateral accorded to it by the loan
documents, the financial institution must be entitled to a reason-
able period of time after taking possession of the franchise
under the loa.n_. d~ume_~ .!-o_ ?~~!l_t,~~~~'s consent to an
-"
,
(
,
"
,-,
,r-
:f
~
<::IS- -L.\(lo,\
~j . \S'~ r{'
asslgnment'ot. the- franctlise.lo -a- qualified' operator. . nle 'CitY- ~
agrees that such reasonable period of time is six (6) months
after the financial institution takes possession of the cable com-
munication system and, further, agrees that the City shall use its
best efforts 10 decide upon the assignment of the franchise to
the new operator proposed by the financial institution within such
period of time. The financial institution shall be entitled to such
Possession and other rights granted under this paragraph until
such time that the City determines whether to consent to such
assignment (the extended time). If the City finds that such trans-
fer, after considering the legal, financial, character, technical and'
other public interest qualifications of the applicant are satisfac-
tory, the City will consent to the transfer and assign the rights
and obligations of such franchise as in the public interest.
During the six (6) month period or extended time, the financial
institution shall enjoy all the rights, benefits and privileges of the
Grantee under the franchise, and the City shall not disturb such
possession by the financial institution, provided the financial
institution complies in all respects with the terms and provisions
of the franchise and this ordinance. The various rights granted
to the financial institution under this paragraph are contingent
upon the financial institution's continuous compliance with the
terms and provisions of this ordinance and the franchise during
the entire afore-mentioned six (6) month period or extend-ed
time, if applicable. For example, should an agent of the financial
institution take possession of the cable communication system
pursuant to rights granted to the financial institution under this
paragraph, and such agent fails to comply with the levelof serv-
ice require-ments set forth in this ordinance or the franchise, the
rights granted to the financial institution under this ordinance
and the franchise shall automatically terminate.
F. No waiver of City property rights: The consent or approval of
the City or any other public entity to any transfer of the Grantee
shall not constitute. a waiver or release of the rights of the City in
and to the public property or public rights of way, and any trans-
fer shall, by its terms, be expressly subordinate to the terms and
conditions of this ordinance and the franchise.
G. Transfer time periods: In the absence of extraOrdinary cir-
cumstances, the City will not approve any transfer or assignment
of the franchise prior to construction or the completion of the
rebuild of the system. Subject to the conditions of Section 617
of the Cable Act, the City shall not approve a transfer if the
Grantee has not held the franchise for a period of three years.
H. Right to review purchase price: Based upon public informa-
tion, the City reserves the right to review the purchase price of
any transfer or assignment of the cable system.
I.Signatory requirement: Any approval by the City of transfer of
ownership or control shell be contingent upon the prospec-tive
party becoming a signatory to the franchise agreement.
Sec. 12-4-34: Publication costs.
The Grantee shall assume the cost of publication of the fran-
chise ordinance as such publication is required by law. A bill for
the publication costs shall be presented to the Grantee by the
City upon the Grantee's filing of acceptance and shall be paid at
that time.
Sec. 12-4-35: Ordinances repealed.
All ordinances are parts of ordinances in conflict with the provi~
sions'of this article are hereby repealed.
Sec. 12-4-36: Separability. .
If any section, subsection, sentence, clause, phrase or word of
this article is for any reason held invalid or unconstitutional by
any court of competent jurisdiction. such section, subsection,
sentence, clause, phrase or word shall be deemed a separate,
distinct and Independent provision and such holding shall not
affect the validity of the remaining portions hereof.
Sec. 12-4-37: Time Is of the essence to this ordinance.
Whenever the ordinance shall set forth any time for any act to bt
performed by or on behalf of the Grantee, such time shall be
deemed by the essence any failure of the Grantee to perform
within the time allotted shall always be sufficient ground for the
City to invoke an appropriate penalty including possible revoca-
tion of the franchise.
Sec. t 2-4-38: No waiver of rights.
No course of dealing between the Grantee and the City nor any
delay on the part of the City in exercising any rights hereunder
shall operate as a waiver of any such rights of the City or acqui-
escencein the'actions of the Grantee in contravention of rights
except to the extent expressly waived by the City or express~1y
provided for in the franchise.
DIVISION 2. RATE REGULATIONS
Sec. 12-4-39: Rate regulation proceedings.
Any rate regulation proceedings conducted under this division
shall be in accordance with FCC rate regulations.
A. In the course of the rate regulation proceeding, the City may
request additional information from the cable operator that is
reasonably necessary to determine the reasonableness of the
basic service tier rates and equipment charges. Any such addl-
. tional information submitted 10 the City shall be verified by an
appropriate official of the cable television system supervising the
preparation of the response on behalf of the entity, and submit-
ted by way of affidavit or under penalty of pe~ury. stating that the
response is true and accurate to the best of that person's knowl-
edge. information and belief formed after reasonable inquiry.
_~.!...9ity_l1lay ~e..9~~st 'prI;~p~etary i!,formation, provided that the
r
y
<
,
"l.at)" sl"laH consider a timely' request frolTI thff cable operator that
said propr-etary information shall not be made available for pub-
lic information, consistent with the procedures set forth in sec-
tion 0.459 of the FCC rules and regulations.
Furthermore, said proprietary Information may be used only for
the purpose of determining the reasonableness of the rates and
charges or the appropriate rate level submitted by the cable
operator. The City may exercise all powers under the laws of evi~
dence applicable to administrative proceedings under the laws
of the state to discover any information relevant to the rate reg-
ulation proceeding, including, but not limited 10, subpoena. inter-
rogatories, production of documents and depositions.
B. Upon termination of the rate regulation proceeding, the City
shall adopt and release a written decision whether the rates or
proposed rate increase are reasonable or unreasonable, and, if
unreasonable, its remedy, including prospective rate reduction,
rate prescription and refunds.
C. The City may not Impose any fines, penalties, forfeitures or
other sanctions, other than permitted by the FCC rules and reg-
ulations, for charging an unreasonable rate or proposing an
unreasonable rate increase. However, the City may impose
fines or monetary forfeitures on a cable operator that does not
comply with a rate decision or refund order of the City, directed
specifically at the cable operator, pursuant to the laws of the
state and the City Code.
D. Consistent with the FCC rules and regulations, the City's
decision may be reviewed only by the FCC.
E. The City shall be authorized, at any time, to gather informa-
tion as necessary to exercise its Jurisdiction as authorized by the
laws of the state, the Cable Act, and the FCC rules and regula~
tions. Any information submitted to the City shall be veri-fied by
an appropriate official of the cable television system supervising
the preparation of the response on behalf of the entity, and sub-
mitted by way of affidavit or under penalty of pe~ury, stating that
the response is true and accurate to the best of .that person's
knowledge, information and belief formed after reasonable
inquiry.
Sec.12-4-40: Certification.
The City shall file with the FCC the required certification as nec-
essary.
Sec. t2-4-41: NotJflcatlon of changes.
With regard to the cable programming service tier, as defined by
the Cable Act and the FCC rules and regulations, and over
which the City is not empowered to exercise rate regulation, the
cable operator shall give notice to the City of any change in rates
for the cable programming service tier or tiers, any change in the
charge for equipment required to receive the tier or tiers. and
any changes in the nature of the services provid&cl, including the
program services included in the tier or tiers. Said notice shall be
provided to the City at least thirty (30) business days prior to any
change becoming effective.
Sec. t2-4-42: Cable official.
The City may delegate its power to enforce this division to the
Iowa City Telecommunications Commission or to employees or
officers of the City, to be known as the cable official: The cable
official shall have authority to:
A. Administer oaths and affirmations;
B. Issue subpoenas;
C. Examine witnesses;
D. Rule upon questions of evidence;
E. Take or cause depositions to be taken;
F. Conduct proceedings in accordance with this division;
G. Hold conferences for the settlement or simplification of the
Issues by consent of the parties; and
H.Take actions and make decisions or recommend decisions in
conformity with this division.
SECTION II REPEALER. All ordinances and parts of ordi-
nances in conflict with the provl~sions of this Ordinance are
hereby repealed.
SECTION III SEVERABILITY If any section, provision or part
of the Ordinance shall be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect the validity of the
Ordinance ~s a whole or any section, provision or part thereof
i not adjudged invalid or unconsti-tutional.
SECTION IV EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication, as pro-
vided by law.
Passed and approved this 5th day of July, 2005.
slErnest W. Lehman. MaYor
Attest: slMarian K. Karr, City Clerk
B0085
,
,
I-
,
f
,
'-
f
".,
~
,f;
"
-{!.
I
-J'.
~l
"
July 13. 2005
(
,~
..........~
i
.
"
I
I,
.;
f
;;
$0"
~
,
,
!
"
c'
:;J
,
.~
-,
o
J
#"
"
;.-
I
j
,
"
~
I ~ 1
-....:. _.....!If:
---............ .....
:t~I~;!S ~
....;;:..:;.~..IIII.'
.... ...
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4170
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
2nd day of August, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on August 10th, 2005.
Dated at Iowa City, Iowa, this 6th day of September, 2005.
~ \:.~~~
Julie . Voparil "-
Deputy City Clerk
. -
:
-'
......;.: ~ "', '.
~ ..,../:
.
-
, ,
Printer's Fee $ ~5.IO
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper_l times(s), on the
following dates(s):
;J\ u.. () 11 <; + (() ~ ('<) F) C)
, /
~SlQ^"Q ~Cl.J,,"j
Legal Clerk
Subscribed and sworn to before me
this I~ day of .On"~~
A.D. 20 0 ') ()
~~
Notary Public
~ UNDAKRO'TZ
"Cot:IIl-" . .Number7~2619
. . My~,.,h I-,Explres
......,~. 2008
-1
OFFICIAL PUBLICATION
ORDINANCE NO. 05-4170
AN ORDINANCE CHANGING THE
ZONING DESIGNATION ON APPROXI-
MATELY 29.7 ACRES OF PROPERTY,
LOCATED NORTHEAST OF HIGHWAY I
218/DEER CREEK ROAO; FROM
COUNTY RESIDENTIAL TO INTERIM
DEVELOPMENT - OFFICE RESEARCH
PARK.
WHEREAS, at its April 21 meeting, by a
vote of 5-0, the Planning and Zoning
Commission recommended approval of
rezoning the subject territory to Interim
Developmenl-otfice Research Park (ID.
OAP); and
I WHEREAS, this territory, which is owned
by Clear Creek lLC and Beverly Horton,
is being annexed by the City of Iowa City;
and
I' WHEREAS, the territory, which is locat-
ed northeast of Highway 218 and Deer
Creek Road, is part of the Clear Creek
Master Plan, which was endorsed by the
City of Iowa City in 2002; and
WHEREAS, the long-term use of this
property, according to the Clear Creek
Master Plar], is expected to be commer-
cial. Because specific commercial devel-
opment has not yet been determined, the I
Planning and Zoning Commission has
recommended Interim I"
Development-0ffice Research Park zon-
ing; and
WHEREAS, adjacent property within the
: Iowa City city limits is also zoned Interim
I Development-0ffice Research Park.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I APPROVAL The zoning
designation of the property described
below is hereby changed from County
Residential to Interim
Development-Dffice Research Park (10-
ORP):
A PART OF THE NORTHWEST OF
I SECTION 12, TOWNSHIP 79 N01uH, I
I RANGE 7 WEST OF THE 5TH PM, IN
I JOHNSON COUNTY, IOWA AND I,
DESCRIBED AS FOLLOWS:
I
I
,
COMMENCING AT THE NORTH 1/4
CORNER OF SAID SECTION 12 ;
THENCE SOUTH 0200'42" WEST
ALONG THE EAST LINE OF SAID
NORTHWEST 1/4, A DISTANCE OF
481.96 FEET; THENCE NORTH
89259'18' WEST 308.22 FEET TO THE
POINT OF BEGINNING; THENCE
SOUTH 02QO'42" WEST, 1403.14 FEET;
THENCE NORTH 90200'00" WEST,
155.37 FEET TO A POINT ON THE
NORTHEAST RIGHT-OF-WAY LINE OF
HIGHWAY 218; THENCE NORTH
4'7231'27' WEST ALONG SAID RIGHT-
OF-WAY LINE, 2037.52 FEET; THENCE
NORTH 89203'32" EAST, 1658.67 FEET
TO THE POINT OF BEGINNING.
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 amend-
ment upon the final passage, approval,
and publication of this ordinance, as pro-
vided by law.
SFCTION III CERTIFIr::ATION AND I
RECORDING. Upon passage and
approval of the ordinance, the City Clerk
is hereby authorized and directed to cer-
tify a copy of this ordinance and to record
the same at the office of the County
i Recorder of Johnson County, Iowa at the
City's expense.
WI S~r::TJON IV REPEAl FR All ordi-
nances and parts of ordinances in con-
mc1 with Ihe provi.sions of this Ordinance
. are hereby repealed.
~SECTION v. SFVERARILiTv If any see-
I tion, provi-sion or part of the Ordinance' ,
shall be adjudged to be invalid or uncon- I
stitutional, 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-
. Mional. -
S~r::TION VI EFFECTIVE DATE This
Ordi-nance shall be in effect after its final
passage, approv-al and publication, as
provided by law.
. Passed and approved this 2nd day of
I August,;,2005.
: s1Ernest W. lehman, Mayor
Anest slMarian K. Karr, City Clerk.
, 64815
'-
August 10, 2005
I ~ 1
-~= -..... .
...~---...
~~~~'"!.
~~~IIII''-
.....~
CITY OF IOWA CITY
410 East Washington 5treet
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4171
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
16th day of August, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on August 24th, 2005,
Dated at Iowa City, Iowa, this 6th day of September, 2005,
~2 k\\~'i .
Julie . Voparil ""
Deputy City Clerk
. .
;
,. .
...~... - -
'-
.,;' ~
'-
"
".
Printer's Fee $~
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. In # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper I times(s), on the
following dates(s):
A I..l,~ I . ~ t d.. L/, d-o rJ~
(]~}eM~ ~
Legal Clerk
Subscribed and sworn to before me
this do/" day of , Q ~ 8' -7/
A.D. 20 DS
:;/~-
Notary Public
'i1 ecxn:~~732818
, ' Mycuo..,,L -:;:-
.-..v '0.
r OFFICIAL PUBLICATION
ORDINANCE NO. 05-4171
I AN ORDINANCE REZONING
I APPROXIMATELY 2,72 ACRES FAOM
l RESIDENTIAL FACTORY-BUILT
HOUSING (RFBH) lONE. TO
PLANNED DEVELOPMENT HOUSING-
i HIGH DENSITY SINGLE-FAMILY (PDH-
12) ZONE, FOR PROPERTY LOCATED
I WEST OF HEINZ ROAD (REZ05-
0OO09~
WHEREAS. the property owner, The
Stables LLC, has requested a rezoning 10
allow the construction of a two-story,
I mixed-use Clevelopment which includes;
130 residential units and 9,000 square feel i
of commercial space in an area currently
zoned RFBH; and
WHEREAS, the Planning and Zoning'
Commission has lound that the proposed \
Planned Development Overlay (PDH-12) ;
plan provides' several attractive design I
features including clustered develop-
ment, parking located behind the build- I
lings and a central graen area; and ,
WHEREAS, the ,Planning and Zoning
I Commission has found the planned 1
development compatible with surround-
ling land uses; and i
WHEREAS, the Planning and Zoning:
! Commission has recommended approval i
I of the proposed PDH-12 plan,
NOW, THEREFORE, BE IT ORDAINED I
BY THE CITY COUNCil OF THE CITY I
OF IOWA CITY, IOWA:
SECTION I APPROVAL The parcel I
described below is hereby reclassified
from its current zoning designation of I
i Residential Factory Built Housing I )
'(RFBH), 10 Planned Development
I Housing-High Density Single Family
,(PDH-12) and the associated preliminary ,
.'planned development housing plan is I
I approved : '
I A portion of the Lot 3 of the Saddtebrook
First Addition, Part ,1 in Iowa City, Iowa,
I as recorded in Recorder's Plat Book 37-
Page 94 lying in the E _ SW _ and the SE
_ of Section 24, T. 79 N., R. 6 W., of the:
'5th P.M., Johnson County, Iowa,
described as follows:
ISegi.nning at the NW corner of said Lot 3;
thence N89056'44"E - 235.51 feet along I
the north line of said Lot 3; thence 1
S09042'2re - 349.64 feet along east
lins of said lot 3; thence southerly -
j 99.20 feet along said east line of Lot 3
, along a 2007.00 foot radius CUNe con-
I cave easterly with a central angle of i
I 2037'56" and a chord of Sl1001'25" -
92.19 feet; thence SB9054'3S"W -
311.41; thence N00005'36" - 435.39 feet
along the west line of said Lot 3 to the
! Point of Beginning. Said parcel contains
I 12.72 acres.
I SECTION II. VARIATIONS. Section 14- I
: SJ-2-D-70f the City Code provides that
combinations of land uses are permitted, I
including single family, multi-family and
commercial, and Section 14.sJ-2-B of !
the City Code provides for flexibility in '
architectural design, placement and clus-
tering of buildings, use of open space,
traffic circulation and parking, and related
site and design considerations. The fol-
lowing waivers are approved as part of
the preliminary PDH plan for the area:
a. The development of a commercial and
multi-family residential structure in the I
RS-12 zona.
, -- ~ --"'ur' The requirement
that buildings be separated by horizontal.
distance equal to the height of the high-
est building, to allow the proposed clus-
tering shown on the PDH plan.
SECTION 1/ ZONING MAP. The
: Building Official is hereby authorized and
I directed to change the zoning map of the
City of Iowa City, Iowa, to conform to this
amendment upon the final passage,
'1- approval and publication of this ordi-
nance as provided by law.
SECTION IV CFRTIFICATION AND
'RECOROING The City Clerk is hereby
authorized and directed to certify a copy I
of this ordinance and a copy of the
Preliminary OPDH Plan for this Property,
and record the same in the Office of the
County Recorder, Johnson County, Iowa,
at the Owner's expense, upon the final
passage, approval and publication of this
ordinance, as provided by law.
SECTION V RFPEALER All ordi-
nances and parts of ordinances in conflict
with the provisions of this Ordinance are I
hereby repealed.
SECTION VI SFVERAB1LlTY If any
section, provision or pan of the
Ordinance shall be adjudged to be invalid !
or unconstitutional, such adjudication I
shall not affect the validity of the I
Ordinance as a whole or any section,
provision or parl thereof not adjudged ~
invalid or unconstitutionaL
SFCTION VII EFFFCTIVE DATF This
Ordinance shall be in effect after its final
.' passage, approval and publication, as
; provided by law. .
I Passed and approved this 16th day of
August, 2005.
'slErnest W. Lehman, Mayor
Attest slMarian K. Karr, City Clerk
164844 August 24, 2005
I ~ 1
-_:. -ilia'
!~If:eil!:tr.
-<';'~"IIII"
..... ......
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4172
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
16th day of August, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on August 24th, 2005.
Dated at Iowa City, Iowa, this 6th day of September, 2005,
~\,,~~,~o
. , ; Julie . Voparil '---'
Deputy City Clerk
...~': ~ ,;.
''\,\C
."..
. -.
1-
OFFICIAL PUBliCATION OFFICIAL PUBliCATION
ORDINANCE NO. 05-4172
ORDINANCE AMENDING mLE 3 ENTITLED "CITY FINANCES, TAXA'nON &
FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES
AND PENALTIES" SECTION 7, "PUBLIC TRANSPORTATION" TO INCLUDE SPE-
CIAL FARES, SPECIAL PASSES AND CHARGES FOR BICYCLE LOCKERS.
WHEREAS, to promote and encourage use of the Iowa City Transit System, certain
special passes, fares and charges have been temporarily offered to famifies, students,
and other users; and
WHEREAS, it is in the public's interest to continue to offer these special passes, fares
and charges on a permanent basis; and
WHEREAS, the Courl Street Transportation Center wfrr provide bicycle lockers for
rent on a 3 month, 6 month and 12 month baSis; and
WHEREAS, Tnle 3, Chapter 4, Section 7 of the City Code sets out the fees, charges,
bonds, fines and penalties for public transportation selVices provided by the towa City
Municipal Transit System; and
WHEREAS, an updated listing of all general fares, bus passes, special fares, special
passes and charges for using bicycle lockers at the Court Street Transportation Center
should be codified.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I AMFNDMENT Title 3, Chapter 4, entitled MSchedule of Fees, Rates,
Charges, Bonds, Fines, and Penalties, Section 7, MPublic Transportation" is hereby
amended by deleting the current Subsection 3-4-7 in its entirety and enacting in lieu
thereof a new Subsection 3-4-7 to be codified to read as follows:
3-4-7: PUBLIC TRANSPORTATION
Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge,
Bond, Fine or Penalty
Bus 'n Shop coupons
General fares and rates
Standard fare, general public
24 Hour Pass
School Field Trip
Children (K-12)
Children under 5 yfS. old
Bus Passes
31-day pass (Adult 18 & up)
31-day pass (Youth K-12) .
10 tide
30 tide
Bulk 31-day pass sales
RepJacement fee lor lost or
damaged bus pass
Special fares
Saturday Family Fare
Elderty persons (BO+ years)
Special Passes
31-day Low income
Low income elderly
Persons with disabilities
U of I Semester Pass
@ UI Parking Office
Kirkwood Semester Passes 80.00 (pro-rated) purchase
at Kirkwood Bookstore
I' Youth Semester pass . . 80.00 (pro-rated)
me City employee 31-day bus pass half price of regular 31-day
. fee (1 per month)
I Ch8rgea for use 0' 'acllltles and/or personnel
I' Use of city transit vehicle
and/or operator Fully allocated cost, plus fuel
~ tax surcharge
Bicycle Lockers
20.00 for 3 months plus 25.00 key deposit
35.00 for 6 months plus 25.00 key deposit
60.00 for 12 months plus 25.00 key deposit
{Ord. 96-3733, 5-28-1996; and Ord. 96-3749, 9-10-1996; Ord. 04-4115, 3-16-2004)
SECTION II R~PFAI FR All ordinances and parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Publ" I SECTION III .!l:FVERABILlTY, [f any section, provision or part of the
Notary Ie Ordinance shall be adiudged to be invalid or unconstitutional, sucn adjudication snail
I not affect the validity of the Ordinance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
KR~ SECTION IV r::;~~Fr:T1Vr:: DATE ThiS Ordinance shall be in effect after its
~~ LINDA "" I &. l tinal passage, approval and publication. .
,-.. ,lo Commlsslon Number 73 2819 Passed and approved thi$16th day of August, 2005.
. . My CommissIon Expires stErnest W. Lehman, Mayor
January 27, 2008 Attest: slMarian K. Karr, City Clerk
64843 August 24, 2005
J
Printer's Fee $
5/,'-i~
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published III said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper-L- times(s), on thel
following dates(s):
J\ u ~u.s.J-- ;J..lf/ :J-o 0 "5
~" OOAAO
Legal Clerk
Subscribed and sworn to before
this dL{..J-h day of Do-A
A.D. 20 0 '<)
/rJ PI -t R L./'
~
0.35
0.75
1.50
0.40
0,50
Free
I
25.00
20.00
6.50
19.50 @ UI
23.00
Parking Office
2.00
.75 for 2 adults & 2 Children
.35 non peak hours
20.00
Free non-peak
Free non-peak
80.00 (pro-rate
hours
hours
d) purchase
I
I ~ 1
-_:. -ilia'
!~~~tr.
",-... "'11II'"
......... .
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4173
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
16th day of August, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on August 24th, 2005.
Dated at Iowa City, Iowa, this 6th day of September, 2005.
~,"'~.a\"~~~~
Ju K. Voparil
Deputy City Clerk
.... .;.
,,,,- /:'
'-
Printer's Fee $ 1'K,'lJ..
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper~ times(s), on the
following dates(s):
.1\-" ~ IJ <.. T :::llL ~-O()5
~ ~ Jy\rJ JuA./
Legal Clerk
Subscribed and sworn to before me
this ~ day of ~--d
A.D. 20 0<;
~k
Notary Public
UNDA KROTZ
ti) c...... . . __732ll18
. ' Myc.. .. =-
... ,
....., 27.
OFFICIAL PUBLICATION 1
ORDINANCE NO. 05-4173 I
I AN ORDINANCE AMENDING 1TTLE 9. I
I EN11TLED "MOTOR VEHICLES AND I
TRAFFIC", CHAPTER 7, ENTITLED
"VEHICLE SIZE, WEIGHT AND
I LOAD." TO RESTRICT LARGE
TRUCK TRAFFIC ON COURT STREET
I FROM THE INTERSECTION OF SUM-
I MIT STREET TO THE INTERSECTION
OF MUSCATINE AVENUE.
I NOW, THEREFORE, BE IT ORDAINED
I BY THE CITY COUNCIL OF THE CITY
I OF IOWA CITY, IOWA;
SECTION I PI JRPOF;F The purpose of
I this amendment is to restrict large truck
traffic on Court Street from the intersec-
tion of Summit Street to the intersection
of Muscatine Avenue.
I SECTION II AMENDMFNT Section
19.7.4(8) is hereby amended by deleting
) Paragraph 2 and substituting in lieu
, thereof:
,
: 9.7.4(B)(2) No truck or other commercial
I vehicle with a.license of over 16 tons,
, except those specifically exempted here-
I' in, shall be op'Eirated on Kirkwood Avenue
and Lower Muscatine Road from the
1 intersection of Kirkwood Avenue with
I Gilbert Court to the intersection of Lower
~ I Muscatine Road wHh Sycamore Street,
'10) or on First Avenue from the intersection
.\'1 ". with Scott Boulevard to the intersection
I with 0 Street, or on Court Street from the
: intersection with Summit Street to the
, intersection with Muscatine Avenue.
SECTION III RFPFAI FR All ordi-
, nances and parts of ordinances in conflict
f with the provi-sions of this Ordinance are
i hereby repealed.
I SECTION IV SFVFRABILlTY If any
I section, provi-sion or part of the
, Ordinance shall be adjudged to be invalid
I or unconstitutional, such adjudication
i shall not affect the validity of the
I Ordinance as a whole or any section,
provision or part thereof not adjudged
invalid or unconsti-tutionaL
SECTION V EFFECTIVE DATE This
I Ordi-nance shall be in effect after its final I
passage, approv-al and publication, as
provided by law.
I Passed and approved this 16th day of I
August, 2005. ~
slErnest W. Lehman, Mayor !
Attest slMarian K. Karr, City Clerk
64845 August 24, 2005
I ~ 1
-_:. _....!If:
......~......
!~~~
~~"'IIII"
...~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4174
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
16th day of August, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on August 24th, 2005.
Dated at Iowa City, Iowa, this 6th day of September, 2005.
~\\\~~ ,
Julie . Voparil '--'
Deputy City Clerk
.'
"'......,;. :;.
- ,~.
> '
..'-
Printer's Fee $ d"b.Oc;?
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED, ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper I times(s), on the
following dates(s):
}1-1 J 'J" c:.. t :i L// ;2(l (')-5
G?J 2 OM. 0 '-f'r\ N 11 L ~
Legal Clerk
Subscribed and sworn to before me
this ;JLi-J+.. day of , (1AA S d
A.D. 20 o~
~
Notary Public
.,,-,~., UNDAKROTZ
,,(-., '.,> C-~-I~"I""n Number-9
~' ., l~' -..".";0._,..,, " 'VCUI
.:., -~ My CCi7lmlsslon ExpIres
'.)\,)0 Januery 27. 2008
, "~-^ ,'-',
r OFFICIAL PUBLICATION I
ORDINANCE NO. 05-4174
AN ORDINANCE AMENDING TITLE 9, .J
ENTITLED "MOTOR VEHICLES AND
TRAFFIC," CHAPTER 3. ENTITLED
"RULES OF THE ROAD," BY AMEND-
ING SECTION 12 THEREIN TO MODI-
FY LANE USE CONTROL AND PAVE-
MENT MARKINGS ON MELROSE
AVENUE FROM UNIVERSITY
HEIGHTS TO BYINGTON ROAD.
WHEREAS, in connection with the
I Grand Avenue Improvement Project
Melrose Avenue is being reconstructed
and widened between Melrose Court and
South Grand Avenue to provide for dedi-
cated left.tum lanes for eastbound traffic
turning north onto South Grand Avenue
and westbound traffic turning south onto
Melrose Court. and in connection there-
II with Melrose Avenue is to be designated
a one-way street from South Grand
I Avenue to Byington Road; and
WHEREAS. by Ordinance No's. 97-
! 3807 and 98-3827. lane designations
I and appropriate pavement markings at
I this location are incorporated into City
! Code; and
WHEREAS. the reconstruction of
f Melrose Avenue between Melrose Court
I and South Grand Avenue, and designat- r
ling Melrose Avenue one-way from South I
Grand Avenue to Byington Road is nec- I
essary to accommodate traffic volume,.
I and therefore in the public interest. j
, NOW, THEREFORE, BE IT ORDAINED I
: BY THE CITY COUNCIL OF THE CITY I
I OF IOWA CITY, IOWA:
I SFC.TION I AME'NnM~NT. TrtJe 9, enti- I
tied ~Motor Vehicles in Traffic," Chapter 3,
I entitled "Rules of the Road," Section 12 is
I hereby amended to read as follows:
Melrose Avenue from University Heights
I to Melrose Court shall consist of two (2)
11' travel lanes, one (1) 11' center left
'turn lane, and one (1) 7' shoulder on
I each side of the traveled way, including
pavement markings identifying such lane
usage, except east of the intersection
with Hawkins Drive where one (1) right
turn lane for westbound traffic will be
included, Melrose Avenue from Melrose
Court to South Grand Avenue shall con-
sist of two (2) 11' travel lanes, two (2)
dedicated left-turn lanes for eastbound
Itraffic turning north on to South Grand
Avenue and westbound traffic turning
south on to Melrose Court, and one (1) 7'
I shoulder on each side of the traveled
way, including pavement markings identi-
Ifylng such lane usage, and Melrose
Avenue from S. Grand Avenue to
Byington Road shall consist of two (2)
one-way, eastbound 11' travel lanes and
one (1) 5' shoulder on each side of the
traveled way, including pavement mark-
ings identifying such lane usage.
SECTION II R~PFAI ~R All ordi-
nances and parts of ordinances in conflict
with the provisions of this Ordinance are
hereby repealed.
SECTION III SEVFRABII ITV 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. U
SECTION IV FFFEC.TIVE DATE This
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law. .
Passed and approved this
I 16th day of August, 2005.
s1Ernest W. Lehman, Mayor . . ._
~ Attest: slMarian K. Karr, City Clerk
-64846 August24,2005
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4175
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
6th day of September, 2005, all as the same appears of record in my office and published
in the Iowa City Press-Citizen on September 14th, 2005.
Dated at Iowa City, Iowa, this 3rd day of October, 2005,
~" ~~'"'r~
. . . Ju , Voparil "
Deputy City Clerk
, .
,,'I -
,"
"
Printer's Fee $31, Cf<iS
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper 1 times(s), on the
following dates(s):
S ~t-~Io",-\I' -
I~ ;)..(') d5'
,
.~ {vuJ~
Legal Clerk
Subscribed and sworn to before me
this doH- day of 4~
A.D. 20 DC::;-
Y--d-~'
Notary Public
UNDo' KRenZ
@ eu.....MIC41 Number 712819
. ' My eommtsslOn EJcpt....
January 'Z7, 2008
--------""
,-- --SECTION VI. EFF~CTIVE
I DATE. This Ordinance shall be In effect I
atter Its final passage, approval and pub- 1
r lication, as provided by law. I
Passed and approved this
6th day of September, 2005. I
s1Ernest W. I
Lehman, Mayor I I
Attest: slMarian K. Karr, City I'
Clerk
L 65038 Septem~e~~~20~
OFFICIAL PUBLICATION
OROINANCE NO. 05-4175
AN OROINANCE REZONING
APPROXIMATELY 3.16 ACRES FROM
INTERIM DEVELOPMENT RESIDEN-
nAL ZONE (Io-RS) TO LOW OENSITY
SINGlE.FAMILY RESIDENTIAL ZONE
(RS-5) FOR PROPERTY LOCATED
EAST OF HIGHWAY 218 AND SOUTH
OF
MELROSE AVENUE
WHEREAS, Dav.Ed Limited
I has applied for a rezoning of approxi-
mately 3.16 acres of property from ID-RS
I ' to RS-5; and
WHEREAS, said property is
located on the south side of Melrose
Avenue and east of Highway 218; and
WHEREAS, the South
District Plan identifies the area as appro-j
priate for low to medium denslty'slngle--l
family, residential development; and I
WHEREAS, the Planning and I
Zoning Commission has reviewed the I
proposed rezoning and has heard public
input, and has recommended approval. \
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA: ___
SECTION I. APPROVAL. I
Attached hereto and incorporated herein,
the property described below is hereby I
reclassified from Interim Development i
Residential Zone (ID-RS) to Low Density
Single-Family Residential zone (RS-5): I
Commencing at the Northwest corner of I
Galway Hills Subdivision - Part Two, in ~
accordance with the Plat thereof record-
ed in Book 35, at Page 269 of the records I
of the JohnsOn County Recorder's Office;
Thence S5'fo15'OO"E, along the
Southerly Right-of-Way line of Melrose
Avenue, 35.44 feet; Thence
S84047'OO"E, along said Southerly Right-
of-Way line, 121.65 feet, to the POINT
OF BEGINNING; Thence SOO023'OO"E,
628.70 feet, to' a point on the
Northeasterly Right-of-Way line of
Highway No. 218; Thence N43021'50'W,
along said Northeasterly Right-cr-Way
line, 189.34 feet; Thence,N30016'-13'W,
along said Northeasterly Right:of-Way .
.\ line, 365.14 feet; Thence N25031'06"W,
along said Northeasterty Right-of-Way
_ line, 180.67 feet, to its intersection with
I the said Southerly Right-of-Way line of
Melrose Avenue; Thence N88008'02"E,
I along said Southerly Right-of-Way line,
387.90 feet, to said POINT OF BEGIN-
NING; containing 3.16 acres, and subject
to easements and restrictions of record.
SECTION II. ZONING MAP.
The Building Inspector is hereby author-
ized and directed to change the zoning
map of the City of Iowa City, Iowa, to con-
form to this amendment upon the final
passage, approval and publication of this
ordinance by law.
SECTION 111. CERTIFICA- I'
TION AND RECORDING. Upon passage
and approval of the Ordinance, the City !
Clerk is hereby authorized and directed
to certify a copy of this ordinance and to
\ record the same, at the office of the I
County Recorder of Johnson County,
. Iowa, at the owner's expense, all as pro- I
vided by law.
. _ SECTION IV. REPEALER.
j All ordinances and parts of ordinances in I'
. contlict with the provisions of this
I Ordinance are hereby repealed. j
I SECTION V. SEVERABILI-
TY. 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 unconstitutionl'l.l.
~
I
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4176
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
6th day of September, 2005, all as the same appears of record in my office and published
in the Iowa City Press-Citizen on September 14th; 2005.
Dated at Iowa City, Iowa, this 3rd day of October, 2005,
~
~o ~\\"'t-"'. ~
Ju 'paril '-'
Deputy City Clerk
....., ...
Printer's Fee $ L!D.5LP
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper \ times(s), on the
following dates(s):
~ ~+~\o-ex I (.1 J ';).( 9 r"15
UJOMI. ~ I L-./"
Legal Clerk
Subscribed and sworn to before me
this ~ day of :5 l~ J..v-
A.D. 20 oS
Yd4
Notary Public
:S')' LlNDUIIOTZ
,.... 8
" \ '; ~I.I \......78281
. ': Myl).. . . .r
<"..;-' J...., IF.
OFFICIAL PUBLICATION
I
I ORDINANCE NO. 05-4176 I
I AN ORDINANCE AMENDING SEC.
TlON 1.9-3B OF THE CODE OF ORDI- I
NANCES OF IOWA CITY, AND I
AMENDING THE BDUNDARIES OF
CERTAIN VOTING PRECINCTS IN
!IDWA CITY TO REFLECT VARIOUS I
BOUNDARY CHANGES TO THE COR-
PORATE UMITS OF IOWA CITY. ,
I WHEREAS, various bound- !
ary changes to the corporate limits 01 l
Iowa City have rendered the codified vot- I
ing precincts inaccurate; and :
-~ "I
"
!
WHEREAS, while much of
the land involved in the' boundary
! changes is largely undeveloped, one res- ...
1 idential unit adjacent to Precinct 7 has
been annexed and is affected; and
.1 WHEREAS, it is appropriate
~ and in the public interest to revise the
\ boundaries of Precincts' 8, 9 and 13 to
I reflect various boundary changes 10 the
t corporate limits of Iowa City; and
WHEREAS, while the
I annexed residential unit adjacent to
Precinct 7 is affected, due to th~ codified
description of Precinct 7, no formal ordi-I
I nance amendment is necessary to add
that residential unit to Precinct 7.
I NOW, THEREFORE, BE IT
I ORDAINED BYTHE CITY COUNCIL OF I
I THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT.
I Section 1-9-3B(8) of the Code of
Ordinances of Iowa City is hereby \
amended by deleting said section and
adopting in lieu thereof the following:
8. Precinct 8: Beginning at the intersec-
tion of Westwinds Drive and Mormon
Trek Boulevard; south on Mormon Trek
Boulevard to the north right-of-way line of
Highway 1: west on the north right-of-way
line of Highway 1 to Kitty Lee Road and
the corporate limits of Iowa City; north-
westerly following the Iowa City corpo-
rate limits to Melrose Avenue; east on
Melrose Avenue to Westwinds Drive;
south and east on Westwinds Drive to the
point of beginning.
\
Section 1-9-3B(9) of the Code of I
Ordinances of Iowa City is hereby ,
amended by deleting said section and )
r - adopting In lieu thereof the following: ~=1
'I 9. Precinct 9: Beginning at the intersec- t
tion of Mormon Trek Boulevard and
, I Melrose Avenue; east on Melrose
I Avenue to Westgate Street; south on
Westgate Street to Keswick Drive; south
I ; on Keswick Drive to Benton Street; east
I on Benton Street to Teg Drive; south and
I east on Teg Drive and Aber Avenue to
I Sunset Street; south on Sunset Street to
I I the south right-of-way line of Highway 1;
I west along the south right-of-waY,line of
I Highway 1 to the east right-of-waytlne of
Highway 218 at Highway 1; south along
the east right-of-way line of Highway 218
to the corporate limits of Iowa City; south,
west and north along the corporate limits
of Iowa City to' the north right-of-way line I
of Highway 1; east on the north right-of-
way line of Highway 1 to Mormon Trek
Boulevard; west and north on Mormon
Trek Boulevard to the point of beginning.
Section 1-9-36(13) 01 the Code 01
Ordinances of Iowa City Is .hereby I
amended by deleting said section and
adopting in lieu thereof the following:. _~.
13. Precinct 13: Beginning at the inter-
section of Benton Street and MllJer
Avenue; south on Miller Avenue to
Highway 1; east on Highway 1 to the
Iowa River; south on the Iowa River to
the south corporate limits of Iowa City;
south and west along the corporate limits
of Iowa City to the east right-of-way line
of the CRANDlC railroad and the Iowa
City corporate limits, north following the
Iowa City corporate limits to south of the
airport; continuing west and north along
the corporate limits to the east righl.-01-
way line of Highway 218; north alOl1g the
east right-of-way line of Highway 218 to ,
the south right-ot-way line of Highway 1;
east on the south right-of-way line of
Highway 1 to Sunset Street; north on
Sunset Street to Benton Street; then east
o~ Benton Street to the pOint of begin-
ning.
SECTION III. REPEALER.
All ordinances and parts of ordinances in
conflict with the provi-sions of this
Ordinance are hereby repealed.
SEC110N lV. SEVERABILI-
TY. If any section, provi-sion or part of
the Ordinance shalt be adjudged to be
invalid or unconstitutional, such adjudica-
tion shall not affect the validity of the
Ordinance as a whole or any section,
provision or part thereof not adjudged
invalid or unconstl-tutlonal
SECTION V. EFFECTIVE
DATE. This Ordi-nance shall be in effect I
after its final passage, approv-al and pub-
lication, as provided by law.
Passed and approved this
6th day of September, 2005.
s1Ernest W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk .
65039 September 14, 2005
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4177
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
6th day of September, 2005, all as the same appears of record in my office and published
in the Iowa City Press-Citizen on September 14th, 2005.
Dated at Iowa City, Iowa, this 3rd day of October, 2005.
~ \,~~~
Julie . oparil "--.,
Deputy City Clerk
-
.
Printer's Fee $ ,;)1.00;
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED, ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper I times(s), on the
following dates(s):
S~t- -'2N'l'-~ .Q.,,- l Lj) 'd--C)(')_'5
(~ Q~,^~ ~
Legal Clerk
Subscribed and sworn to before me
this ~ day of ~L
AD. 20 0<;
~It "~
Notary Public
UNDA KRotZ
fij eu.... I !' - Number 732811
. . My ()"....J . I expires
January '0. 2lllI8
r-
,
OFFICIAL PUBliCATION
ORDINANCE NO. 05.4177 ,
ORDINANCE AMENDING TITLE 9, '
ENTITLED 'MOTOR VEHICLES AND I
TRAFFIC: CHAPTER 3, ENTITLED I
'RULES OF THE ROAD: SECTION 6, .
_ENTITLED ~SPEED -RESTRICTIONS? ..;
SUBSECTION B, ENTITLED 'EXCEP- !
TIONS' TO ESTABliSH THE SPEED'
liMIT ON COURT STREET EAST OF
ITS INTERSECTION WITH liNDEMANN
DRIVE
WHEREAS: the current speed limit on
Court Street from its intersection with
Lindemann Drive east to the City limits is
25 miles per hour; and
WHEREAS, City Staff has conducted an
engineering and traffic investigation and
recommends that 35 miles per hour is a
more reasonable, appropriate and safe
speed limit for said portion ,of Court
Street.
,
NOW, THEREFORE, BE IT ORDAINED I
BY THE CITY COUNCIL OF THE CITY
OF CITY, IOWA:
SECTION I AMFNIJMENTS i
Title 9, entitled "Motor Vehicles and
Traffic," Chapter 3, entitled 'Rules of the !
Ro,!-d,' Section 6, entitled .Speed j
Restrictions,' Subsection 8, entitled I
"Exce'ptions,' is hereby amended as fOl-;
lows: ,
f . . . d h I
The ollowmg provISions are adde to t e \
table currently set forth in said subsec- '
lion: I
Name of StrAet Court Street I
Maximum Soeed Limit (MPH\ 35
WhAm limit Annlie5, r
From the intersection with Lindemann I
Drive east to the City limits.
SFCTION II REPEALER All ordinances
and parts of ordinances in conflict with I
the provision of this Ordinance are here- I
by repealed.
SECTION III SEVERABILITY If any ~
section, provision or part of the i
Ordinance shall be adjudged to be invalid I
or unconstitutional. such adjudication I
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
6th day of September. 2005.
slErnest W. lehman, Mayor
Attest: slMarian K. Karr, City Clerk
65040 September 14, 2005
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4178
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
6th day of September, 2005, all as the same appears of record in my office and published
in the Iowa City Press-Citizen on September 14th, 2005,
Dated at Iowa City, Iowa, this 3rd day of October, 2005.
~~'"\~~~
Julie . oparil .......,.
Deputy City Clerk
....'. .
.'
Printer's Fee $ (fl'l.O"if
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN,
published III said
a newspaper
county, and that a
printed copy of which IS
was published in said
times(s), on the
notice, a
hereto attached,
I
paper
following dates(s):
S --I p+ -<' ArY'-1o"" f
8A~~
Legal Clerk
Subscribed and sworn to before me
this ~ day of ~.Ao.h.u-.
A.D. 20 0<)
J '1) ;}..Co. cJ
'--/-A~
Notary Public
~~ LlNlMKROTZ
,-,. ... c........ . .Mlmber732819
. . My Co.,..' . I ExpIres
.-u.y 'ZT, 2lXl8
~, DS--,-\q~
OFFICIAL PUBLICATION ~--II
, ) ORDINANCE NO. 05-4178 I
'J ORDINANCE AMENDING TITLE 3,
"; ENTITLED "CITY FINANCES, TAXA- I
- TION AND FEES" CHAPTER 4, ENTI.
I-TLED .SCHEDULE OF FEES, RATES,
,CHARGES, BONOS, FINE ANO
PENALTIES," SECTION 8, ENTlTLEO ,
j "PARKING VIOLATIONS," TITLE 9,
j ENTITLED "MOTOR VEHICLES AND
I TRAFFIC," CHAPTER 4. ENTITLED
"PARKING REGULATIONS," SECTION
i 10, ENTITLED "PARKING FOR LOAD-
I' ING AND UNLOADING" AND secnoN I
1'4. ENTITLED "ENFORCEMENT," AND I
ADDING NEW SECTION 15 ENTITLED
, "LIBRARY PARKING" TO INCREASE :
,AVAILABILITY OF PARKING FOR '\'
, LIBRARY PATRONS, TO ESTABLISH I
I FINES FOR UBRARY PARKING VIa- .
LATIONS, AND TO PROVIDE FOR I i
INCREASED ENFORCEMENT OF II
, LOADING ZONE VIOLATIONS,
I WHEREAS, the City regulates and
enforces parking time limits in loading
i zones;
WHEREAS, said loading zone regula-
tions can presently only be enforced
every two hours; and
: WHEREAS, vehicles routinely violate
posted time limits in loading zones there-
by prohibiting others from using the
I space as intended;
I WHEREAS, inc"reased regulation and
I enforcement of loading zones will
'I increase the availability of those zones
for the intended purpose of conducting
short tenn business in the City;
I WHEREAS, there are seven angled,
I parking spots on the west side of Linn
I Street adjacent to the front of the Iowa
City Public Library;
WHEREAS, five of the spots should be
I designated for library parking only during
: I library hours and a sixth spot should be
~ ~ designated for book drop 9ff at all times;
WHEREAS, the seventh space is
presently and should remain a parking
: space for persons with physical disabili-
ties; and
WHEREAS, increased regulation and
enforcement of designated library park- t
ing will increase the availability of those
spots for the intended purpose of con-
ducting short term business at the Iowa
City Public Library.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF CITY, IOWA:
i SFCTION I AM!;NDM!;NTS
1. Title 3, entitled "City Finances,
I Taxation and Fees," C,haPter 4, entitled
"Schedule of Fees, Rates, Charges;
! Bonds, Fines and Penalties," Section 8,
.. entitled "Parking Violations." is hereby
; amended to add the following new fees'
I' for violation of the parking spaces desig-
nated as "library parking":
, 11 Penalties for Library
I Parking Violations
I
Library Patron
Parking
Library Outside
Book Drop Off
Amount of Fee,
Charge, Bond,
Fine or Penalty
$10.00
$10.00
firstoffense
$20.00
second and
subsequent
-~
offense---,,--'
\25, \\~
2. Title 9, entitled "Motor Vehicles and
Traffic," Chapter 4, entitled "Parking
Regulations," Section 10, entitled
uParking for Loading and Unloading," is
hereby amended and will read as follows:
Enforcement: It shall be
unlawful and a violation of the provisions
of this Section for any owner or driver to
permit a vehicle to remain in violation of
this Section. Every thirty (30) minutes
that a vehicle remains in violation after
the vehicle is initially cited shall constitute
a separate and distinct offense. The fees
for each such parking offense shall be
provided in the schedule of fees set out in
Title 3, Chapter 4 of this code.
3. Title 9, entitled "Motor Vehicles and
Traffic," Chapter 4, entitled "Parking
Regulations," Section 14, entitled
"Enforcement," is hereby amended and
will read as follows:
It shalt be unlawful and a vio-
lation of the provisions of this chapter for
any owner or driver to penni! a vehicle to
remain in violation of this chapter. With
the exception of Sections 10 and 15 of
this Chapter, every two (2) hours that a
vehicle remains in violation after the vehi-
cle is initially cited shall constitute a sep-
arate and distinct offense. The fees for
each such parking offense shall be as
provided in the schedule of fees set out in
Title 3, Chapter 4 of this code.
4. Title 9, entitled "Motor Vehicles and
Traffic," Chapter 4, entitled 'Parking
,
-
Regulations," is hereby amended to add
a new Section 15, entitled "Library
Parking" and will read as follows:
, Designation. The six north-
ernmost angled, parking spaces on the
west side of Linn Street directly adjacent
to the front of the Iowa City Public Library
are designated as "library parking"
spaces.
Spaces. The "library parking"
space to the far north is further designat-
ed as a "Ubrary outside book drop off"
space. The five spaces directly to the
south of the 'library outside book drop
off" space are further designated as
'library patron parking" spaces.
. Signage. Each space shall
contain signage that includes said desig-
nation of "library patron parking" and
"library outside book drop off" The
"library patron parking" spaces shall also
contain the hours that the Iowa City
Public Library is open.
Parking. During the time the
Jowa City Public Library is OPEln, no per-
son shall stop, stand or park a vehIcle in
a "library patron parking" space except
for the sole purpose of allowing a pas-
senger to go directly to and from the Iowa
City Public Library, and said stop shall
not exc~ed twenty (20) minutes. At no
time shall a person stop, stand or park a
vehicle in the 'library outside book drop
off" space except for the sole purpose of
allowing a passenger to deposit a book
or other item in one of the drop off boxes
located on the outside east wall of the
Iowa City Public Library and to return
directly to said vehicle, and said stop
shall not exceed five (5) minutes. For
purposes. - of this- secli6fi-'---passenger
includes the driver of the vehicle.
Violations. It shall be unlawful
and a violation of the provisions of this
chapter for any owner or driver to permit
a vehicle to remain in violation of the
"library pat~9n_par~~l.l: ~r ~"IiI~rary ou!side
b~k drop oW-proVISion. Every ten{10r~
minutes that a vehicle remains in viola-
tion of said provisions after the vehicle is
initially cited shall constitute a separate
and distinct offense. The fees for each
such parking offense shalt be as provided
in the schedule of fees set out in TrtJe-3,
, Gh~ter 4 ol...this_code. Additional_tv, ~y_
~. 6~-- L\,n~
\?~, ~,~
vehicle irl'violation of "the -.Iibrary -oUtside'
book drop off" provision Is subject to
being towed consistent with the provi-
- siens of Title 9, Chapter 9, Section 2 of
this Code.
5. Tille 9, entitled 'Motor Vehicles and
Traffic," Chapter 9, entitled "Towing and.
Impoundment Procedures,. Section 2,
entitled, 'Towing and Impoundment of
Certain Illegally Parked Vehicles' is here-
by amended by adding a new Paragraph
G as follows:
Any vehicle parked in the
"library outside book drop off" space in
violation of Tille 9, Chapter 4, Section 15
of this Code.
SECTION II RFPFAI FR All ordinances
and parts of ordinances in conflict with
the provision of this Ordinance are here-
by repealed. .
SECTION IV: SEVERABILITY If any
section, provl-sion 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-futional.
SECTION IV EFFFr::TIVE [)ATE This
Ordj.nance shall be effective on
September 15, 2005..
Passed and approved this 6th day of
September, 2005.
stErnest W. Lehman, Mayor
Attest: slMarian K. Karr, City Cferk
65041 September 14, 2005
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4179
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
6th day of September, 2005, all as the same appears of record in my office and published
in the Iowa City Press-Citizen on September 14th, 2005.
Dated at Iowa City, Iowa, this 3rd day of October, 2005.
~. \<-~~~
Julie . oparil "-...J
Deputy City Clerk
.....'. .;.
Printer's Fee $ ~ LU\tp
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670 I
I
,
I, ,
Orlene Maher, being duly sworn, say !
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper I times(s), on the
following dates(s):
$:. ....ri-~tfi)..Qv I Li) ;).f')c<J'S
0)/ .Qo..... fJ Y'fJ aJ J.J.-/
Legal Clerk
Subscribed and sworn to before me
this ;;).oiv-- day of S f2k J .~-
A.D. 20 oS' .
~ !h~
Notary Public
~ c.....~,.:rz732ll19
. . ..,a.._J. ,E3q)na
.-...y OZI. 2lllII
,
,
I
f _ _ ~~_ ___0_
I' OFFICIAL-;;UBLiCATION
OFFICIAL PUBLICATION
ORDINANCE NO. 05-4179
ORDINANCE AMENOING. TrrLE 9, ENTITLEO "MOTOR VEHICLES ANO TRAF-
FIC,n CHAPTER 3. ENTITLED 8RULES OF THE ROAD,. SECTION &, ENTITLED
"SPEED RESTRICTIONS,. SUBSECTION e, ENTITLED 8eXCEPTIONS. TO
.ESTABUSH THE SPEEO UMIT ON SOCCER PARK ROAO FROM ITS INTER-
SECTION WITH LEHMAN AVENUE TO THE ENTRANCE OF THE SOCCER PARK
WHEREAS, the current speed limit on Soccer Park Road is from its intersection with
Lehman Avenue to the entrance ,of the soccer park is 45 miles per hour; and
WHEREAS, City Staff has conducted an engineering and traffic investigation and rec-
ommends that 30 miles per hour is a more reasonable. appropriate and safe speed
limit for said portion of Soccer Park Road.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
I CITY, IOWA:
SE(;TION' A.MENDM~NTS
11tle 9, entitled 'Motor Vehicles and Traffic," Chapter 3, entitled 'Rules of the Road,"
Section 6, entitled 'Speed Restrictions," SUbsection B, entitled 'Exceptions," is here-
by amended as follows:
The fonowing provisions are added to the table currently set forth in said subsection:
Name of StreAt Soccer Park Road
Maximum SnFlAd Limit IMPH) 30
WherA I imif Applies From the intersect/on with
Lehman Avenue to the
entrance of the Soccer Park.
SECTION II RFPF.AU;R All ordinances and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION III SEVERARlI rTV 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 inva(id or unconstitlIlional.
SECTION IV EFFECTrvF.' DATE This Ordinance shall be in effect after its final pas-
sage, approval and publication, as provided by law.
Passed and approved this 6th day of September, 2005.
s/Ernest W. lehman, Mayor
Attest: slMar/an K. Karr, City Clerk
65042 September 14, 2005
;
I ~ !
-....= -~
!~~~'t
~~"'IIlI"
----- ..
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319] 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City; Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4180
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
20th day of September, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on September 28th, 2005.
Dated at Iowa City, Iowa, this 4th day of November, 2005.
...
~~". \""~~
Julie K. oparil
Deputy City Clerk
t :
.:
-'
.....~~ ,;,
.~
.'
>Ol I:'
"'.
~ /...,?; "-
<
<
,- ~-
.,
os-
Printer's Fee $ II'-/,~("
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
,'\.l~ JOHNSON COUNTY, SS:
. THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper_I times(s), on the
following dates(s):
Yp-t--e~-u j'i') J-1)()6
ell QQ.u Q 'fYVd 01./
Legal Clerk
Subscribed and sworn to before me
this ,~ day OL"<rf--fA;..~
A.D. 20 DC::;-
~~ No ary Public
.
UNDA KROTZ
1:iJ' eommlsSlan Numb8f 732619
~ r My CQnu.J~ , "I' EJpireB
...., OZI. 2lllII
4flS"O
I
I OFFICIAL PUBLICATION
I ORDINANCE NO. 05-4180
. AN ORDINANCE CONDITIONALLY
REZONING APPROXIMATELY .92
ACRES FROM INTERIM DEVElOP-
MENT RESIDENTIAL (ID-RS) ZONE TO
LOW DENSITY SINGLE FAMILY-SEN-
SITIVE AREAS OVERLAY (OSA-5) 1
ZONE FOR PROPERTY LOCATED
WEST OF KENNEOY PARKWAY ANO
EAST OF CAMP CARDINAL ROAD'
(REZ03.()00'9)
WHEREAS, the property owner, Alfred
and Wilfreda Hieronymous, has request-
ed a rezoning from ID-RS to OSA-5 to
allow a single family residential subdivi-
sion; and
WHEREAS, the property contains wet. I
lands regulated by the Sensitive Areas I
Ordinance; and
WHEREAS, the applicant has requested
variations from the buffer requirements
and buffer averaging for portions of the
regulated wetJands; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed
: Sensitive Areas Development Plan, _
~ which provides for reduction of certain ,)
I wetland buffers and averaging of other I
I wetland buffers; and
I WHEREAS, the Planning and Zoning I
I Commission"has'recommanded approvat....r
of the Sensitive Areas Development
, Plan, including the wetland buffer modifi-
: cations and averaging; and .
: WHEREAS, Iowa Coda 414.5 (2005) I
~. provides that the City of towa City may ,
impose reasonable conditions on granti-
ng an applicant's rezoning request, over
i and above the existing regulations, in
I order to satisfy public needs directly
caused by the requested Change; and
WHEREAS, the applicant has requested
a waiver of requirements lot extension of
sanitary sewer lines to adjacent proper-
ties; and
WHEREAS, the Planning and Zoning
Commission has reviewed the requested
waiver and has recommended approval,
provided that provisions be made
thrOUgh easements and payments for the
future extension of the required sewer;
and
WHEREAS, the applicant acknowledges
that said conditions and restrictions are
reasonable to ensure appropriate and
necessary extension of sanitary sewer
infrastructure; and
WHEREAS, the applicants have agreed
to develOp this property in accordance
with the terms and conditions of the
Conditional Zoning Agreement attached
hereto to ensure appropriate future
extension of 1he sanitary sewer system
in this area of the City; and
WHEREAS, the Planning and Zoning
Commission has found that the proposed
rezoning and associated Sensitive Areas
Development Plan to be in conformance
with the Comprehensive Plan for the
area,
NOW. THEREFORE, BE IT
ORDAINED BY THE CITY COUNCil OF
THE CllY OF IOWA CllY, IOWA:
SECTION I APPROVAL
Subject to the Condi1ional Zoning
Agreement attached hereto and incorpo-
rated herein, the parcel described below
is hereby reclassified from its current
zoning designation of lo-RS to OSA-5
and the associated preliminary Sensitive
Areas Development Plan is approved:
((0' \~ ':l..
I
I
!
THE FOLLOWING LEGAL DESCRIP.
I TION HAS BEEN COMPILEO FROM,:
DEEDS AND PLATS OF RECORD. '
I THE WEST FRACTIONAL HALF OF
THE NORTHWEST QUARTER,
EXCEPT THE FOllOWING
DESCRIBED TRACT, TOWIT: COM-
,MENCING 14 RODS EAST OF THE
. SOUTHWEST CORNER OF SAID
! WEST FRACTIONAL HALF OF THE
. NORTHWEST OUARTER, THENCE
EAST 25 RODS, THENCE NORTH 21
RODS, THENCE NORTHWESTERLY TO
A POINT 23 RODS NORTH OF THE
PLACE OF BEGINNING, THENCE
SOUTH 23 ROOS TO THE PLACE OF
. BEGINNING, IN SECTION 7, TOWN.
SHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M. ALSO AN EASEMENT
FOR ROAO PURPOSES AND FOR
RIGHT OF INGRESS ANO EGRESS
OVER THE WESTERLY 30 FEET OF
THE OF THE NORTH 44 _ ADDS OF
THE WEST FRACTIONAL HALF OF
THE SOUTHWEST QUARTER OF
SECT'ON 7, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M.
SFCTION 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 ordi-
nance as provided by law.
SFCTION III CE~TIFICA-
TION AND RECORDING. Upon passage
and approval of the Ordinance, the City
Clerk is hereby authorized ana directed
to certify a copy of this ordinance and to
record the same, at the office of the
County Recorder of Johnson County,
Iowa. at the owner's expense, all as pro-
vided by law.
SECTION IV CONDITION-
AL 70NING AGREEMENT, The Mayor is
hereby authorized and directeclto sign,
and the City Clerk to attest, the'
Conditional Zoning Agreement between
the property owners and the City, follow-
ing 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 VI SEVERABIU~'
rr.... If any section, provi.sion or part of
the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudica-
tion shall not affect the. validity of the
Ordinance as a whore or any section,
provision or part thereof not adjudged
invalid or unconsti-tutional.
SECTION VII EFFECTIVE
OAIE. This Ordi-nance shall be in effect
after its final passage, approv-al and
publication, as provided by law.
Passed and approved this
20th day of September, 2005.
stErnest W.
Lehman, Mayor
Attest: slMarian K. Karr, City
Cieri<
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and
between the City of Iowa City, Iowa, a
Municipal Corporation (hereinafter
I "City"), Albert N. Hieronymus, individual-
ly, and Albert N. Hieronymus as executor
of the estate of Wilfreda A. Hieronymus
(hereinafter "Owners"), and Southgate \
Development Company (hereinafter
"Subdivider").
\
WHEREAS, Owner~ are ~wners and I
legal title holderS of approximately 92.93~
acres of property located north Melrose
Avenue, west of the northwest terminus
of Kennedy Parkway, and the Walnut
Ridge subdivision; and
WHEREAS, the Owners and Subdivider
have applied to rezone the property from
Interim Development Residential (to-RS)
to Sensitive Areas Overlay Low Density
Single-Family Residential (OSA-S); and I
WHEREAS, Subdivider is subdividing
said property according to the plat for the
Cardinal Ridge subdivision; and
.WHEREAS, the Planning and Zoning
Commission has recommended approval
of said rezoning and subdivision subject .
.to conditions related to infrastructure I
needs, specifically the provision of sani-
tary sewer to the southern boundary of
the Property; and
WHEREAS, Iowa Code Section 414.5
(2005) provides that the City of Iowa City
may impose reasonable conditions on
granting a rezoning request, over and
above existing regulations, in order to
satisfy public needs that are directly
caused by the requested change in zon-
ing; and
WHEREAS, the Owners and Subdivider
acknowledge that certain conditions and
restrictions are reasonable to ensure
future infrastructure needs are adequate-
ly funded to minimize costs to the public
and promote development; and
WHEREAS, Owners and Subdivider
agree to use this property in accordance
with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of
the mutual promises contained herein,
the Parties agree as follows:
1. Owners are the legal title holders, and
Southgate Development Company is the
subdivider, of the property legally
described as follows:
THE WEST FRACTIONAL HALF OF
THE NORTHWEST QUARTER,
EXCEPT THE FOLLOWING
DESCRIBED TRACT, TO WIT: COM-
MENCING 14 RODS EAST OF THE
SOUTHWEST CORNER OF SAID
WEST FRACTIONAL HALF OF THE
NORTHWEST QUARTER, THENCE.
EAST-25"ROOS;-THENCFNORTf["2rI
RODS, THENCE NORTHWESTERLY TO
A POINT 23 RODS NORTH OF THE
PLACE OF BEGINNING, THENCE
SOUTH 23 RODS TO THE PLACE OF
BEGINNING, IN SECTION 7, TOWN-
SHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M. ALSO AN EASEMENT
FOR ROAD PURPOSES AND FOR
RIGHT OF INGRESS AND EGRESS
OVER THE WESTERLY 30 FEET OF
THE OF THE NORTH 44 '/2 ROOS OF
THE WEST FRACTIONAL HALF OF
THE SOUTHWEST QUARTER OF SEC-
TION 7, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M.
2. The Parties acknowledge
that Iowa Code Section 414.5 (2005)
provides that the City of Iowa City may
impose reasonable conditions on granti-
ng an applicant's rezoning request, over
and above the existing regulations, in
order to satisfy public needs directly
caused by the requested change.
3. In consideration of the City's rezoning
the subject property, Owners and
Subdivider agree that development of the
subject property will conform to all other
requirements of the Zoning Chapter, as
well as the following conditions:
a. The Subdivider shall, at Subdivider's
expense, extend two 8 inch sanitary
sewer lines to the south boundary of the
property shared with the two adjacent
properties (the Nepola and Ahrens
tracts). Those two sewer lines shall run
by the shortest possible routes from the
east-west trunk sewer to be constructed
~-1he Subdivider upon the .Q!:QQertv_tl2-
~,
tne loWest and - dosest points' on "the
boundaries of the Nepola and Ahrens
properties such that sanitary sewer serv-
ice is feasible on the those adjacent
properties. The routes of those two sewer
lines shall be agreed upon by the
Subdivider and the Public Works
Department of the City of Iowa City. The
. sewer lines to the Nepola and Ahrens
tracts shall be constructed at the same
time that the trunk sewer is constructed.
The Subdivider and the City shall agree
upon the sewer routes and construction
plans as soon as possible, it being the
intent to have agreed plans by October 1,
2005 so that construction of these sew-
ers may be commenced as soon as pos-
sible following approval of final plats for
the property. . . _
b. Prior to plat approval for any develop-
ment of Outlot E or Outlot G, a traffic
analysis on Kennedy Parkway will be
completed by the City to determine if
secondary access is required by the
City's Secondary Access Guidelines. If
secondary access is so required, there
shaH be no plat approval for any develop-
ment of Outlot E or Outlot G prior to con-
struction of secondary access deemed
adequate by the City..
4. Owners, Subdivider and City acknowl-
edge that the conditions contained here-
in are reasonable conditions to impose
on the land under Iowa Code Section
414.5 (2005), and that said conditions
satisfy public needs which are directly
caused by the requested zoning change.
5. Owners, Subdivider and City acknowl-
edge that in the event the subject proper-
ty is transferred, sold, redeveloped, or
subdivided, an redevelopment will con-
form with the terms of this Conditional
Zoning Agreement.
6. The Parties acknowledge that this
Conditional Zoning Agreement shall be
deemed to be a covenant running with
the land and with title to the land, and
shall remain in full force and effect as a
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 and bind all successors, repre-
sentatives and assigns of the Parties.
7. Owners and Subdivider acknowledge
that nothing in this Conditional Zoning
Agreement shall be construed to relieve
the Owners, Subdivider or future owners
from complying with all applicable local,
state, and federal regulations.
8. The Parties agree that this Conditional
Zoning Agreement shall be incorporated
by reference into the Ordinance rezoning
the subject property; and that upon adop-
tion and publication of the Ordinance,
this Agreement shall be recorded in the
Johnson County Recorder's Office at the
applicant's expense.
Dated this 16th day of August, 2005.
OWNERS
sJAlbert N. Hieronymus, Individually
sJAlbert N. Hieronymus
Executor of the Estate for
Wilfreda A. Hieronymus
SUBDIVIDER
Southgate Development Company, Inc.
By: s1Teresa L. Morrow, Vice President
CITY OF IOWA CITY, IOWA
By: sJErnest W. Lehman. Mayor
By: slMarian K. Karr, City Clerk
65071
September 28, 2005
os- -'-' l ~() ~-J';;),1 ~
\...-
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I t j
-....= -11I:I...
f~~;!:~
~~"IIDI'
......
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4181
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
20th day of September, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on September 28th, 2005.
Dated at Iowa City, Iowa, this 4th day of November, 2005.
'==>
~"" .\.~~""t. ~,~~
J' . Voparil
Deputy City Clerk
.....-...: ,;,
"
,
~
Printer's Fee $_1 '54.41./
CERTIFICATE OF PUBLICATION I
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published III said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
I times(s), on the
paper
following dates(s):
~, 1> p-t.P~ ,U 9~; 9-t9rt5
01J/A.p maJ)~
Legal Clerk
Subscribed and sworn to before me
this ;JcrJ.+' day of5p-t;;:. 1......
A.D. 20 0<)
?;L-A'A.-,~
Notary Public
~ UNDAKROlZ
:\ c-.....'....I f*Imber 732819
. . Myeo....~ ExpIres
Januory 'ZT, 2008
I:.:lS-~~~\
--,~
OFFICIAL PUBLICATION
ORDINANCE NO, 05-4181
AN OROINANCE CONOITIONALLY
REZONING APPROXIMATELY 2.19
ACRES FROM INTENSIVE COMMER-
CIAL (CI-1) ZONE AND MEDIUM DEN-
SITY SINGLE-FAMILY RESIDENTIAL '
(RS-8) ZONE TO COMMUNITY COM-
MERCIAL (CG-2) ZONE FOR PROPER-
TY LOCATED BETWEEN NORTH
DODGE STREET AND DODGE
STREET COURT EAST OF CONKLIN
LANE (REZOS-00003),
WHEREAS, the property
owner, Southgate Develop,ment
Companies, has requested a rezo,n1ng to
allow fOT a mixed use commercial and
multi-family development in an area cur-
rently zoned CI-t and RS-8; and
WHEREAS, the North
District Plan, an element of th.e
Comprehensive Plan, indicates that thiS
area may be appropriate for a mixed use
commercial/residential development pro-
vided neighborhood compatibility issues
are addressed; and
WHEREAS, the Planning
and Zoning Commission has reviewed
the proposed rezoning and determin.ed
that it complies with the Comprehensive
Plan if certain conditions are adhered to;
and
. WHEREAS, Iowa Code
414.5 (2005) provides that the City ~f
Iowa City may impose reasonable CO~dl.
tions on granting an applica,nt:s rezoning
request, over and a~e eXlstln~ regula- ,
tions in order to satisfy publlc needs
directlY caused by the requested change; ,
and I' t
WHEREAS, the app Ican
acknowledges that said conditions and
restrictions are reasonable to ensure
appropriate mixed.use .developm~nt th.at
is compatible with adjacent resldentlal
development; and
WHEREAS, the applica~t
has agreed to develop this property 1~
accordance with the terms and co~dl.
tions of the Conditional ZOning
Agreement attached her~to t,o ensure
appropriate development In thiS area of
the city.
NOW, THEREFORE, BE IT
ORDAINED BYTHE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
. SECTION I. APPROVAl.
Subject 10 the Conditional Zoning
Agreement attached hereto a~d incorpo-
rated herein, the parcel descn.bed below
is hereby reclassified from its current
zoning designations of CI.1 and RS-8 to
CC-2:
LEGAL DESCRIPTION
A PORTION OF LOT 3, JACOB
RICORD'S SUBDIVISION, LYING IN
THE NORTHEAST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER OF
SECTION 2, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M.,
IOWA CITY, JOHNSON COUNTY, IOWA
ACCORDING TO THE RECORDED
PLAT THEREOF, THE BOUNDARIES
OF WHICH ARE DESCRIBED AS FOL-
L ;."..
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST
CORNER OF THE NORTHEAST ONE-
QUARTER OF THE SOUTHWEST ONE- ,
QUARTER OF SECTION 2, TOWNSHIP
79 NORTH, RANGE 6 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA
~ CITY, JOHNSON COUNTY, IOWA;
THENCE SO~35'41'W, 526.30 FEET;
I THENCE N89256'46~E, 45.47 FEET TO
THE NORTHEAST CORNER OF A
TRACT OF LAND SHOWN ON AN
\ ACQUISITION PLAT RECORDED IN
BOOK 3672 AT PAGE 954 IN THE
RECORDS OF THE JOHNSON COUN-
TY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE,
SOUTHEASTERLY RIGHT-OF-WAY
L1N~ OF IOWA STATE HIGHWAY NO.1;
\?~. \~3
THENCE CONTINUING NB9'S6'46"E,
0.B6 FEET TO A 1 INCH PIPE ON SAID .
SOUTHEASTERLY RIGHT.OF-WAY'
LINE; THENCE N57200'09~E, ALONG
SAID SOUTHEASTERLY RIGHT-OF-
WAY LINE, 235.37 FEET; THENCE
N57213'00"E, ALONG SAID SOUTH-
EASTERLY RIGHT-OF-WAY LINE,
, 125.69 FEET TO A POINT ON THE
NORTHERLY LINE OF LOT 3 OF
JACOB RICORD'S SUBDIVISION,
, IOWA CITY, JOHNSON COUNTY, IOWA
ACCORDING TO THE RECORDED
PLAT THEREOF, RECORDED IN PLAT
,BOOK 16 AT PAGE 34 IN THE
RECORDS OF THE JOHNSON COUN-
TY RECORDER; THENCE N882()4'36"E,
ALONG SAID NORTHERLY LINE, 72.19
FEET; THENCE SOO212'49'W, 334.12
FEET TO A POINT O~ THE SOUTHER-
LY LINE OF SAID LOT 3; THENCE
S89259'2fW, ALONG SAID SOUTHER-
LY LINE, 81.66 FEET; THENCE'
N01214'32"E, 10.00 FEET; THENCE
589259'21'W, 324.64 FEET TO A POINT
ON THE SOUTHERLY EXTENSION OF
THE EASTERLY LINE OF A TRACT OF
LAND SHOWN ON AN ACOUISITION
PLAT RECORDED IN BOOK 3672 AT
PAGE 955 IN SAID RECORDER'S
RECORDS; THENCE N00242'29~E,
ALONG SAID SOUTHERLY EXTENDED
I LINE AND LONG SAID EASTERLY
LINE, 106.01 FEET TO A POINT ON
SAID SOUTHEASTERLY RIGHT-OF-
WAY LINE OF IOWA STATE HIGHWAY
NO.1; THENCE N5?202'22"E, ALONG
SAIO SOUTHEASTERLY RIGHT.OF. ,
WAY LINE, 35.72 FEET TO THE POINT
OF BEGINNING, CONTAINING 2.19
ACRES AND IS SUBJECT TO EASE-
MENTS AND RESTRICTIONS OF
RECORD.
SECTION II ZONING MAP
The Building Inspector is hereby author-
ized and directed to change the zoning
map of the City of Iowa City, Iowa, to con-
form to this amendment upon the final
passage, approval and publication of th!s
ordinance by law.
SECTION 111 CONDITION_
AL ZONING AGREEMENT. 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, follow-
ing passage and approval of this
Ordinance.
SECTION IV CERTIFICA-
TION AND RECORDING. Upon passage
and approval of Ihe Ordinance, the City
Clerk is hereby authorized and directed
to certify a copy of this ordinance and to
record the same, at the office of the
County Recorder of Johnson County,
Iowa, at the owner's expense, all as pro-
vided by law.
SECTION v REPEALER
All ordinances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI SEVERABlll-
IY.. 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 VII EFFECTIVE
j QAIE. This Ordinance shall be in effect I
after its final passage, approval and pub- II
licalion, as provided by law.
Passed and approved this
j 20th day of September, 2005.
1 s1Ernest W. ~.
. Lehman, Mayor
j Attest slMarian K. Karr, C..ity I
L~lerk _ . _ ...J
~os- ~\'?\
~~. :( v
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and
between the City of Iowa City, Iowa, a
Municipal Corporation (hereinafter
.. '-'City"), and Southgate Development
, Company (hereinafter "Owner").
WHEREA.S, the Owner is lega.l title hollf.
ar of approximately 2.19 acres of proper.
ty located south of Dodge Street, east of
Conklin Lane and north of Dodge Street
Court; and
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST
CORNER OF THE NORTHEAST ONE-
QUARTER OF THE SOUTHWEST ONE.
QUARTER OF SECTION 2, TOWNSHIP.
79 NORTH, RANGE 6 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA
CITY, JOHNSON COUNTY, IOWA;
THENCE SOQo35'41"W, 526.30 FEET;
THENCE N89c56'46ne, 45.47 FEET TO
THE NORTHEAST CORNER OF A
TRACT OF LAND SHOWN ON AN
ACQUISITION PLAT RECORDED IN
BOOK 3672 AT PAGE 954 IN THE
RECORDS OF THE JOHNSON COUN-
TY RECORDER ANO THE POINT OF
BEGINNING AT A POINT ON THE
SOUTHEASTERLY RIGHT-Of-WAY
LINE Of IOWA STATE HIGHWAY NO.1; I
THENCE CONTINUING N89056'4S"E,
0.86 fEET TO A 1 INCH PIPE ON SAID
SOUTHEASTERLY RIGHT-Of-WAY
LINE; THENCE N57000'09"E. ALONG I
. SAID-SOUTHEASTERLY-RIGHT-OF.
WAY LINE, 235.37 FEET; THENCE,
N57~13'00"E, ALONG SAID SOUTH-
EASTERLY RIGHT-OF-WAY LINE,
125.69 FEET TO A POINT ON THE
NORTHERLY LINE OF LOT 3 Of
JACOB RICORD'S SUBDIVISION,
IOWA CITY, JOHNSON COUNTY, IOWA
ACCORDING TO THE RECORDED
PLAT THEREOF, RECORDEO IN PLAT
BOOK 16 AT PAGE 34 IN THE
RECORDS Of THE JOHNSON COUN-
TY RECORDER; THENCE N88~04'36"E,
ALONG SAID NORTHERLY LINE, 72.19
fEET; THENCE_ SOO~12'49''W, 334.12
FEET TO A POINT ON THE SOUTHER-
LY LINE OF SAID LOT 3; THENCE
S89059'21 ''W, ALONG SAID SOUTHER- :)
L-LY~lINE,__81.68_FEEJ",;-l".HENCE..,
~ N01014'32"E, 10:00 FEET; THENCE""
S89059'21"W, 324.64 FEET TO A POINT '
ON THE SOUTHERLY EXTENSION OF
THE EASTERLY LINE OF A TRACT OF'
LAND SHOWN ON AN ACQUISITION
PLAT RECORDED IN BOOK 3672 AT
PAGE 955 IN SAID RECORDER'S
RECOROS; THENCE NOO"42'29"E,
ALONG SAID SOUTHERLY EXTENDED
LINE AND LONG SAID EASTERLY
LINE, 106.01 FEET TO A POINT ON
SAID SOUTHEASTERLY RIGHT.OF-
WAY LINE OF IOWA STATE HIGHWAY
NO.1; THENCE N57002'22"E, ALONG
SAID SOUTHEASTERLY RIGHT.OF-
WAY LINE, 35.72 FEET TO THE POINT
OF BEGINNING, CONTAINING 2.19
ACRES AND IS SUBJECT TO EASE-
MENTS AND RESTRICTIONS OF
RECORO.
2. The Parties acknowledge that Iowa .
Code Section 414.5 (2005) provides that
the City of Iowa City may jm~e reason-
able conditions'on granting an ~plicant's
rezoning- request, over and~ atl<Ne the
existing regulations, in order to satisfy
publJc needs directly caus~d by the
requested change. '
3. In consideration of the City's rezoning .
the subject property, the OWner agrees
that development of the subject property
will conform to all other requirements of
the Zoning Chapter, as well as'the fol-
lowing conditions: .
a. The property shall develop in general
conformance with the concept site plan
and concept sketches attached hereto
and incorporated herein. Any subdivision
or site plan shall generally co'nform to the
concept site plan. Any material changes
from the concept site plan and concept
sketches shall require review and
approval of the Planning & Zoning
Commission.
b. Buildings on this property shall devel-
op in general conformance with the con-
cept sketches attached hereto and incor-
porated herein. The buildings to be con-
structed on this property will be predom-
inantly brick buildings limited to 2 stories
in height and featuring store front win-
dows, canopies or awnings and upper
story fenestration as illustrated or. the
concept sketches. Masonry, cedar, or
architectural metal may be used for some
of the finishes. Masonry is defined as
stone, flush formed concrete with a
recessed relief pattern, stucco, or stone-
like textured concrete blocks or masonry .
units, but does not include flat surfaced
concrete block.
c. The building labeled on the concept
site plan as a financial institution may be
used for a financial institution or any
other use permitted in the CC-2 Zone.
d. Other than a possible exit drive for a
financial institution drive-through, there
shall be no driveways serving commer-
. cial uses on Dodge Street Court. Auto
and truck oriented uses, including drive-
l through financial institutions, require
approval of a special exception. Nothing
in this agreement waives this regulre-
memo IT a TrnanClal institution drive-
through is not located as shown on the
concept plan, the portion of the area
labeled as a "drive-thru exit" contained
within the required set back from Dodge
Street Court shall consist of lawn or land-
scaping.
e. To aSSUTe adequate pedestrian access
, sidewalks will be provided in the general
WHEREAS, the Owners acknowledge
that certain conditions and restrictions
are reasonable to ensure tnat the proper-
ty develops in a manner consistent with
the Comprehensive Plan and compatible
with the adjacent neighborhood; and
WHEREAS, Owners-agree' to use this
property in accordance with. the terms
and conditions of a Conditional Zoning
Ag(eement.
NOW, THEREFORE, in consideration of
the mutual promises contained herein,
the Parties agree as follows:
1. Southgate Development Company is
the owner and legal title holder of the,
pfqr?erty legally described as follows:
L6:f'L DESCRIPTION
A' ORTION OF LOT 3, JACOB
RI&iRD'S SUBOIVISION, LYING IN
THE NORTHEAST ONE-OUARTER OF
THE SOUTHWEST ONE-QUARTER OF
SECTION 2, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M.,
IOWA CITY, JOHNSON COUNTY, IOWA I
ACCORDING TO THI;. RECORDED
PLAT THEREOF, THE BOUNDARIES
OF WHICH ARE DESCRIBED AS FOL-
LOWS:
locations shown on the concept site plan.
f. To create an adequate buffer between
residential and commercial development
a minimum 5 foot tall brick screen wall
and trees shall be installed along Dodge
Street Court as shown on the concept
site plan and concept sketches. Other
; than signs permitted on the buildings by
L the Iowa City Sign Regulations and as r
further regulated below, exterior signs I
will be limited to two monument signs on
Dodge Street in the general locations
shown on the concept site plan. If a mon-
ument sign is located at the corner of
Dodge Street and Conklin Lana it shall
be located no 1arther than 20 1em back.
from the Dodge Street right-of-way. No
signs shall be permitted on the south
side of any building. Wittlin 50 feet of
Dodge Street Court right-of-way, no
signs shall be permitted on the west and
east sides of the building labeled as a
financial Institution. Within 200 feet of the
Dodge Street Court right-of-way,,:no
1 signs shall be permitted on the east side
~ ~f,the commerciaVretail building.
Ph: Any,lightlng'located within the financlal
I Institution drive-through canopy shall be
, recessed into the underside of the
canopy
i. The owner will pay 112 the cost (not to I
exceed a payment of $60,000) of improv-
\ ing the portion of Dodge Street Court I
I located adjacent to this property to City ~
standards, unless the property is devel- :
oped with no access to or from Dodge ;'
Street Court.
j. The owner will dedicate sufficient right-
Of-way to bring the Dodge Street Court
right-of-way width to 50 feet.
k. If the property is developed with a
driveway on Dodge Street Court serving
commercial use, the owner will dedicate
10 feet of right-Of-way for Conklin Lane.
I; The property will be designed to drain I
on-site storm water away from Dodge
Street Court.
4. The OWner and City acknowledge that .
the conditions contained herein are rea-
sonable conditions to impose on the land
under Iowa Code Section 414.5 (2005),
and that said conditions satisfy public
needs which are directly caused by the
requested zoning change.
5. The Owner and City acknowledge that
In the event the subject property is trans-
ferred, sold, redeveloped, or subdivided,
all redevelopment will conform with the
I terms of this Conditional Zoning
Agreement.
(6, The Parties acknowledge that this
Conditional-Zoning-Agreement shall be
deemed to be a covenant running with
the land and with title to the land, and
shall remain in full force and effect as a
covenant running with the titre 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 and bind all successors, repra-
WHEREAS, the Owner has applied to
rezone the property from Intensive
Commercial (CI-1) and Medium Density
~ Sil\g\e.~~~\!y (RS:~). ~ Community
- Commerclar (CC~2); ~nd . - ~-
I
WHEREAS, the Planning and Zoning
Commission has recommended approval
of said rezoning subject to conditions
related to ensuring that the property
develops in a manner consistent with the
Comprehensive Plan and compatible!
with the adjacent neighborhood; and 1
I:"
WHEREAS; Iowa Code Section 414.5
(2005) provides that the City of t~wa City
may impose reasonable:co~lons on
granting a rezoning request,Bover and
above existlng regulation$,-'in~'order to
satisfy pUblic needs that are directly
caused by the requested change in zon-
ing;and .
CS>~ os
<...t\ "Is- \
C?J s \-3
j-sentati"es and assigns o11he Parties. - -:
I 7. The Owner acknowledges that '.'1othing \
in this Conditional Zoning Agreement
shall be construed to relieve the Owner
or future owners from complying with alt
applicable local, state, and federal regu.
lations.
8. The Parties agree that this Condi1ional
Zoning Agreement shall be incorporated I
by reference into the Ordinance rezoning .
the subject property; and that upon adop-
tion and publication of the Ordinance, !
this Agreement shall be recorded in the
Johnson County Recorder's Office at the
applicant's expense.
Dated this 20th day of September, 2005.
OWNER
SOUTHGATE DEVELOPMENT
COMPANY INC.
slTeresa L. Morrow
Vice President
CITY OF IOWA CITY, IOWA
By: s/Ernest W. Lehman, Mayor
By: slMarian K. Karr, City Clerk
'...65072 . September 28, 2005
I ~ I
--= -~
~~~!I't
'--~"'IIaI'-
...... a.
CITY OF IOWA CITY
4]0 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4182
which was passed. by the City Council of Iowa City, Iowa, at a Council meeting held on the
4th day of October, 2005, all as the same appears of record in my office and published in
the Iowa City Press-Citizen on October 12th, 2005.
Dated at Iowa City, lowa,this 4th day of November, 2005.
~ ~
: . \"\)"",, ~ \J
Julie. aril \'.....
Deputy City Clerk
~. :
< ,
....,;.:. ...., '"
~ -.J./ :
.......
. .
'-
Printer's Fee $ dd-a-a.
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper~ times(s), on the
following dates(s):
ror: 1--<, be...-- ):2. ~a5
~OO.. 0 tfhn,J.. ../
Legal Clerk
Subscribed and sworn to before me
this n-iv- day of ~
A.D. 20 0<;
':;1 ~ Not=v Public
_~l
utl~ ~T32I'9
~'i) (lOI>.,........~n~.... 1
. . tA"1~uarl27. 2008 -
'-
OFFICIAL PUBLICATION
ORDINANCE NO. 05-4182
ORDINANCE AMENDING TITLE 3.
, ENTITLED "CITY FINANCES. TAXA- .
, TlON AND FEES" CHAPTER 4. ENTl-
. TLEO "SCHEDULE OF FEES. RATES, I
'CHARGES. BONOS, FINE ANO
: PENALTlES.~ SECTION 9. ENT1TLED
I "VIOLATION OF VARIOUS COOE SEC-
TIONS " TO MAKE THE FINE FOR UT-
\ TERIN'G THE SAME AS THE FINE
UNDER THE STATE CODE.. . .
\ WHEREAS, the fine for httenng 18
presently $10.00, regardless of where
the littering occurs; .
WHEREAS, Iowa Code section 3?1.369\
(2005) provides that it is illegll.~ to litter on
a street or highway, and sectlon 805.8A ,
, (2005) sets the 1ine at $35.00; . .
. WHEREAS, the 1ine under a mU':\lclpal
I ordinance cannot be lesS than the f~ne for
the same violation under State law, and
WHEREAS. it is in the best int~re~t of t~e
\ City to have same fine for aU.llttenng, VIO-
lations and not to have the fme for litter-
ing on a street or highway be greater
than littering for anywhere else.
I NOW THEREFORE. BE IT OROAINED
BY THE CITY COUNCIL OF THE CITY
I OF CITY, IOWA:
\ RE<':TION I AMFNDMF~~S. I
1 Title 3, entitled CIty Fman~es,
\ T~ation and Fees,' Chapter 4, entitled
'Schedule of Fees, R~tes~ Ch~rges,
Bonds, Fines and Penalties,. SectIon 9,
I-entitled 'Violation of VanouS Code
Sections,. is hereby amended by amend-
I ing the fine for littering from $10 to $35 as
llollows:
\i Description of Fee, Charge,
Band FinA or PAnaltV
\ Amount of Fee, Charge,
Bonrl FinA or PAnaltv
\ City Code Chapter,
Article or Section
~
littering \
$35.00 I
. . I
14_3H_11C1_C3
SFCT/()N" RFPFALER. An ordi~an~s
and parts. of ordi~ance~ m confhct Wlt~
the proviSion of thIS Ordmance are here
by repealed.
SFr.TION ill REVFRARILllY. If any
'section provision or part o! t~e
1 ordina~ce shall be adjudged to .be .Inv~hd
\' or unconstitutional, such adludlcatlon
shall not affect the validity of .the
Ordinance as a whole or any s~ction,
provision or part. th~reof not adjudged
invalid or unconstitutIOnal. .
\ RFr.TION IV FFFFCTIVF OATE Thl~
Or~inance shall be effective upon pubh-
cation. . 4th d of
Passed and. approved thiS ay
October, 2005.
stErnest W. Lehman, May~r
Attest slMarian K. Karr, City Clerk. \.
65164 ~ober12,2005,
I ~ 1
-....= -~
~~~~'t
~~_aa.i\t"~
...~
CITY OF IOWA CITY
410 East Washington 5treet
Iowa City, Iowa 52240-1826
(3191 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4183
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
1st day of November, 2005, all as the same appears of record in my office and published
in the Iowa City Press-Citizen on November 9th, 2005.
Dated at Iowa City, Iowa, this 5th day of December, 2005.
~'..\ ~
JUli~~;<~~'~' Il..-
Deputy City Clerk
~ .; .
Printer's Fee $ ..J:;J.. (.,~
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42,0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was, published in said
paper-J times(s), on the
following dates(s):
/IJ rIll eAf'A. In Dv- q) ;).{D 05
@5I 2~ALf! m~
Legal Clerk
Subscribed and sworn to before me
this /I.../t.- day of ~.i-.-t ~
AD. 20 b~
~~
~ Notary Public
@ UNDAKROlZ
" Cu.,., I I ..1Unber 732619
. " My eam.,........, ExpIr8s
January XT, 2lllII
OFFICIAL PUBLICATION
ORDINANCE NO. 05-4183
I OROINANCE AMENOING TITLE 4,
ENTITLED. "ALCOHOLIC. BEVER-
AGES," CHAPTER 5, ENTITLED,
"PROHIBITIONS AND RESTRIC-
TIONS," SECTION 4, ENTITLED.
"REGULATION OF PERSONS UNDER
LEGAL AGE" TO PROVIDE THAT SEC-
OND AND 'SUBSEQUENT OFFENSE
VIOLATIONS MAY BE BASED ON A
PRIOR CONVICTION UNDER EITHER
CITY ORDINANCE OR STATE LAW.
WHEREAS, Ordinance No. 05.4162 pro-
vides enhanced penalties for second and
subsequent convictions for possession of
'alcohol under the legal age (PAULA);
WHEREAS, Ordinance No, 05-4162
substantially mirrors the PAULA provision
in stale taw at section 123.47(3) of the
Code of Iowa:
WHEREAS, the enhanced violation
under the City Ordinance should be
based on a prior PAULA conviction either '1
under the City Ordinance or under state
law; ,
WHEREAS, the present ordinance
should be clarified to provide specifically
that the prior conviction, for purposes of
enhancement, may be based on a viola-
tion of section 123.47(3) of the Code of
Iowa; and
WHEREAS, it is in the public interest to
adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF CITY, IOWA:
SECTION r. AMENDMENTS.
1. litle 4, entitled "Alcoholic Beverages,'
Chapter 5, entitled "Prohibitions and
Restrictions," Section 4 entitled
"Regulation of Persons under Legal
Age," Paragraph A1 is amended by
adding a new subparagraph e as follows:
In determining if a violation charged is a
second or subsequent offense, convic-
tion for violation of this section or section
123.47 of the Code of Iowa shall be
counted as previous offenses.
SECTION II. REPEALER All ordinances
and parts of ordinances in conflict with
the provision of this Ordinance are here-
by repealed.
SECTION III SEVERABILITY. If any
section, provi-sion or part of the
. Ordinance shall be adjudged to be invalid
If or unconstitutional, such adjudication
shall not affect the validity of. the
I Ordinance as a whole or any section,
provision or part thereof not adjudged
invalid or unconsti-tutional.
SECTION IV. EFFECTIVE DATE. This I
Ordi-nance shall lake effect upon publi-
cation.
Passed and approved this 1 st day of I
November, 2005.
slEmest W. Lehman, Mayor I
Attest: slMarian K. Karr, City Clerk
\ 65628 November 9, 2005
I ~ I
-~= -~
~~~;t:'t
"'-~~"IIII'ml;,
......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4184
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of November, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on November 23rd, 2005.
Dated at Iowa City, Iowa, this 5th day of December, 2005.
~...~~~.3'
Julie. aril "-
Deputy City Clerk
".
Printer's Fee $ l...\ O. LDL>
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper I times(s), on the
following dates(s):
~ )() Ll ~b.e.\'" ~ ~ - 'J-OO.5
011 j) 0 ~ \l rY\.Lt ~
Legal Clerk
Subscribed and sworn to before me
this .) o,..1+-. day of flov.e;yyb,. "
A.D. 200')
~
Notary Public
UNDA KROTZ
~ Cuo..._, Number 732619
. . MyCam-.. Expires
January v, 200B
I
I
I
'1
I
OROINANCE NO. 05-4184 , I
AN ORDINANCE VACATING A POR- ! I
nON OF THE RIGHT-Of-WAY IN AN ! I
ALLEY BLOCK 13, COUNTY_SEAT..A~
PORTION OF SOUTH MADISON II
STREET AND A PORTION OF OES
MOINES STREET IN IOWA CITY COM- i
PRI$ING APPROXIMATELY 1.31
ACRES (VACOS-OOOOn.
WHEREAS, the University of Iowa has i
requested that the City of Iowa City ,
vacate the right-ot-way along portions of
South Madison St. to the south of
Prentiss Street and north of the Iowa
Interstate Railroad, and portions of Des
Moines Street between South Capitol
and S. Madison Streets; and
WHEREAS, the University now owns all
of the property located to the south of
Prentiss Street, west of S. Capitol Street,
I north of the Iowa Interstate Railroad and
:~~t .f Cedar Rapidsl'owa City Railroad; I
WHEREAS, portions of Des Moines
Street adjacent to those currently being
requested and northern portions of
Mawson Street were previously vacated j
by the City; and
WHEREAS, the vacation of this right.of- I
way will have no negative effect on! ,
fpedestrian or vehicular circulation, nor :
! be detrimental to emergency vehicle or I
I utility access, nor diminish access to' ,
I adjacent properties; and ' I
WHEREAS, the City has no plans to : I
, develop the right-of-way for street j :
I access; and I
WHEREAS, it is in the City's interest to i .
I vacate and dispose of public right-of-way,
or portions thereof, that will not be used
I for publiC access; and
WHEREAS, the Planning and Zoning
Commission has recommended vacation
i of this right-of-way subject to the reten-
! tion of any necessary utility easements,
I and.
I NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY. 'OWA:
I SECTION I. APPROVAL Subject to the
I retention of any necessary utility ease.
I ments, the City of Iowa City hereby ,
vacates the right.of-way legally I
described as follows: l
That part of the 20 foot wide alley lying
adjacent to Lots 3, 4, 5, and 6 in Block 13
of the County Seat of Johnson County,
Iowa City, Iowa according to the recorded
plat thereof.
And
That part of Des Moines Street adjacent !
to said Block 13 lying Northerly of the
Northerly right.of-way line of the Iowa
Interstate Railroad, except for the portion
previously vacated.
And
That part of South Madison Street lying
between the Southerly right-of-way line'
of Prentiss Street and the Northerly right.!
of-way line of said Iowa Interstate'
Railroad. I
SECTION If. REPEALER. AU ordi-
I nances and parts of ordinances in con)
met with the provisions of this Ordinancel
are hereby repealed. I
, SECTION Ill. SEVERABILITY. If any'
J section, proviSion or part of the
I Ordinance shall be adjudged to be invalid
,or unconstitutional, such adjudication
I shall not affeCt the validity of the
Ordinance as a whole or' any section,
J, provision or part thereof not adjudged I \
invalid or unconstitutional. I '
, SECTION IV. EFFECTIVE DATE. This I
Ordinance shalf be in effect after its final I
--.! passage, approval and publication, as'
provided by law. .
Passed and approved thIS 15th day of
November, 2005.
stErnest W. Lehman, Mayor
,Attest: s/MirianK-.Karr"City_Clerk
'65485 --~_ ,November23,200S
-
OFFICIAL PUBLICATION
I ~ j
-.....= -~
~m~~'r
~;"":'r"IIII'"
.....aa
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4185
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
13th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 21, 2005.
Dated at Iowa City, Iowa, this 6th day of December, 2006.
~'-~~~~
Jull . paril . '-'
Deputy City Clerk
; .~
~
.... :>
0:;", :;
- . .
~~ <,,), ~
.
.....'t":.; .:.
,""""
Ji.(..::
i-
c~. o5"-Lfl '115""
Printer's Fee $ Im.lll~
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper J times(s), on the
following dates(s):
Dpf' .{>~.er:)..~ c;}-O{)5
(!j)n fh-e lno fi. .l~
Legal Clerk
Subscribed and sworn to before me
this ;yrJn day of->>p...~/
AD. 20 0')
y~~ Notary Public
UNDA KROTZ
aif Commission Number 732819
. . My Commission Expires
~.. January 27, 2008
OFFICIAL PUBLICATION
OROINANCE NO. 05-4185
I AN ORDINANCE REZONING APPROX-
. IMATELY 51.9 ACRES FROM JOHN-
SON COUNTY RESIOENTlAL IR) TO
LOW OENSITY SINGLE-FAMILY RESI-
DENTIAL ZONE (RS-S), SUBJECT TO
CONomONS, FOR THE PROPERTY
LOCATED ON AMERICAN LEGION
. ROAD
I WHEREAS, Fairview, Inc.,
I has applied for a rezoning of approxi-
I mately 51.9 acres of property from
I County Residential (A) to Low Density
I Single-Family zone (AS-S); and
I WHEREAS, said property is
: located on American Legion Road, south
I of Highland Woods, and east of Far
Horizons subdivision; and
I WHEREAS, the property is
within the Long-Range Planning
Boundary of the city and the neighboring
Iowa City properties are zoned for low
density single4amily residential develop-
ment; and
WHEREAS, the Planning
and Zoning Commission has reviewed
the proposed rezoning, and has recom-
mended approval subjecl 10 conditions;
and
WHEREAS, the conditions
recommended by the Commission are
related to funding of the fulure American
'Legion Road improvements.
NOW, therefore, be il
ordained by the city council of the City of
Iowa City, Iowa:
SECTION I APPROVAL Subject to the
terms and conditions of the Conditional
I' Zoning Agreement attached hereto and
incorporated herein, the property
I, described below is hereby R'e)claSSLified
from. County Residential ( to ow
Density Single-Family Residential zone
(RS-5):
BEGINNING AT THE SOUTHEAST
CORNER OF THE NORTHWEST.
I J FRACTIONAL QUARTER OF SECTION
EIGHTEEN (18) IN TOWNSHIP SEVEN-
TY.NINE (79) NORTH, RANGE FIVE (5)
WEST OF THE 5TH P.M,; THENCE
WEST 1121 FEET, THENCE NORTH
1890 FEET, THENCE EAST 1121 FEET,
THENCE SOUTH 1890 FEET THE
PLACE OF BEGINNING. ALSO BEGIN-
NING AT THE SOUTHEAST CORNER
OF THE NORTHWEST FRACTIONAL
QUARTER OF SAID SECTION 18,
TOWNSHIP 79 NORTH, RANGE 5
WEST OF THE 5TH P.M.; THENCE
SOUTH 345 FEET TO THE CENTER OF
THE PUBLIC HIGHWAY KNOWN AS
U.S, HIGHWAY NO.6, THENCE
NORTHWESTERLY ALONG THE CEN-
TER LINE OF SAIO PUBLIC HIGHWAY
TO A POINT WHERE SAID CENTER
LINE INTERSECTS THE SOUTH LINE
OF THE NORTHWEST FRACTIONAL
QUARTER OF SAID SECTION 18,
THENCE EAST ALONG THE SOUTH
LINE OF THE SAID NORTHWEST
FRACTIONAL. QUARTER OF SECTION
18, 836 FEET TO THE PLACE OF
BEG'NNING,
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 the final passage,
I approval and publication of this ordi-
nance by law.
+ SECTION III CONDITIONAL ZONING
I AGREEMENT. Following final. passage
, I and approval of this ordinance, the
:--1 Mayor is hereby authorized and directed
to sign, and the City Clerk to attest, the
I Conditional Zoning Agreement between
! thep~operty owners, the appl!CSnt, and
the CI~ of Iowa .Cltv,~ __~_ _
~.\~~
rSECTION-.IV - -CERTIFICATION AN-D .,
RECORDING Upon passage and
approval of the Ordinance, and after exe-
cution of the Conditional Zoning
Agreement, the City Clerk is hereby
authorized and directed to certify a copy
of this ordinance and the Conditional
Zoning Agreement and to record the
same, at the office of the County
Recorder of Johnson County, Iowa, al the
owner's expense, all as provided by law.
SECTION V REPEALER AU 'ordi-
nances _ and parts of ordinances in con-
flict with the provi-sions of this Ordinance
are hereby repealed.
. SECTION VI SEVFRABJUTY. If any
section, provl-sion 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.
I SECTION VII EFFECTIVE DATE This
Ordinance shall be in effect after its final
. J passage, approval and publication, as
prOvided by law.
Passed and approved this 13th day of
December, 2005.
s1Emest W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the
City of Iowa City, Iowa, a municipal cor-
poration (hereinafter "City"), and
Arlington Development, Inc. (hereinafter
"Applicant) and Fairvlew, Inc. Iowa City
I (hereinafter "Owner"); and
I WHEREAS, Owner is Ihe legal tille hold-
er of approximately 51.9 acres of proper-
I ty located on the on American Legion
, Road, ,south of Highland Woods, and
east of Far Horizons subdivision; and
WHEREAS, the Applicant with the
OWner's consent has requested the
rezoning of said property from County
Residential zone (R) to Low-Density
Single-Family Residential zone (RS-5); .J
end
WHEREAS, the Planning and Zoni~g
Commission has determined, that, ~ith
, appropriate conditions. regardln~ fundln~
of future American Legion Road lmprov~
menls the timing of the rezoning IS
appropriate and the lo:w d~ns,ity single-
, tamHy residential zomng 1$ In confor-
mance with the Comprehensive Plan;
and
I . WHEREI.;S~owa coo.~Rol2ob5)-'
provides that the City of Iowa CIty may
impose reasonable conditions on granti-
ng an applicant's rezoning .reque.st, over
and above existing regulations, In order
, to satisfy public needs caused by the
I requested change; and
I WHEREAS, the Owner and .~ppJicant
. acknowledge that certain condItions and
restrictions are reasonable to ensu.re the
development of the property contnb~tes
to the future reconstruction of American
I Legion Road; and
WHEREAS, Owner and Applicant agr~e
, to use this property in accordance. With
'I the terms and conditions of a condItional
zoning agreement.
, NOW, THEREFORE, in con~ideration .of
the mutual promises contamed hereIn,
, the parties agree as follows: .
1. Fairview, Inc. Iowa City is the legal t~t~e
\ holder and Arlington Develop ment, Inc. IS
the applicant for a rezoning of the prop-
erly le!:lallv described as follows:
~,os-- Lt\ '6S--
~.~~~
BEGINNING-AT THE-SOUTHEAST-1
CORNER OF THE NORTHWEST-
I FRACTIONAL QUARTER OF SECTION
EIGHTEEN (18) IN TOWNSHIP SEVEN.
TY-NINE (79) NORTH, RANGE FIVE (5)
WEST OF THE 5TH P.M,; THENCE
, WEST 1121 FEET, THENCE NORTH'
'11890 FEET, THENCE EAST 1121 FEET,
THENCE SOUTH 1890 FEET THE
PLACE OF BEGINNING. ALSO BEGIN.
. NING AT THE SOUTHEAST CORNER
r OF. THE NORTHWEST FRACTIONAL
QUARTER OF SAID SECTION 18,
TOWNSHIP 79 NORTH, RANGE 5
WEST OF THE 5TH P.M.; THENCE
i SOUTH 345 FEET TO THE CENTER OF
I THE PUBLIC HIGHWAY KNOWN AS
I U..S. HIGHWAY NO.6, THENCE
. NORTHWESTERLY ALONG THE CEN-
I TER LINE OF SAID PU8L1C HIGHWAY
TO A POINT WHERE SAIO CENTER
'LINE INTERSECTS THE SOUTH LINE
OF THE NORTHWEST FRACTIONAL
QUARTER OF SAID SECTION 18
THENCE EAST ALONG THE SOUTH
LINE OF THE SAID NORTHWEST
FRACTIONAL QUARTER OF SECTION
18, 836 FEET TO THE PLACE OF
) BEGINNING.
2. Owner and Applicant acknowledge
that the City wishes to ensure appropri-
ate residential development that con-
forms .to the principles of the
Comprehensive Plan. Further, the parties
acknowledge that Iowa Code ~ 14.5
(2005) provides that the City of Iowa City
may Impose reasonable conditions on
granting an apptlcant's rezoning request,
over and above the existing regulations,
, in order to satisfy public needs caused by
the requested change, including provi-
sions for funding of the adjacent arterial
street, access to the property, and subdi-
] vision design principles. Therefore
Own~~ and Applicant agree to certain
conditions over and above City regula-
) tions as detailed below.
3. In consideration of the City's rezoning
the subject property, Owner and
Applicant agree that development of the
subject property will conform to all other
requirements of the zoning chapter, and
that the Applicant and/or Owner is
required to contribu1e toward the cost of
American Legion Road improvement
(based on the formula developed by the
Johnson County Council of Governments
office), at a rate of $ 1715..18 per acre of
, property (51.9 acres x $ 1715.18 per acre
\ :: a total of $ 89,017.8) , at the time of
i final plat approval. The amount to be
paid at the time of final platting shall be
, an amount equal to the number of acres
.1 in each final plat x $1,715.18. Said funds
\ will be deposited with'the City of Iowa
I ~ity prior to the first building permit being'
, ISSUed for any lot in any final plat on this
'property. Upon receipt of said funds, the
I City shall promptly issue to the Applicant
'I a gOOd and sufficient release for the lots
in the subdivision so that this Conditional
Zoning Agreement will not constltu1e a
cloud upon the lots in the subdivision.
4. In lieu of the payment of the above
described fee, Applicant and/or Owner
may provide an Irrevocable Letter of
Credit, in a form and containing provi-
sions approved by the City Attorney's
Office, in the amount of $89,017.80, for
, the benefit of the City to be used for the
. installation of the American Legion Road
, Improvements.
5, The Owner, Applicant, and City
acknowledge that the conditions con-
tained herein are reasonable conditions
to impose on lhe tand under Iowa Code
:~14.5 (2005), and that said conditions \
'satisfy public needs that are caused by
_~~ requested zoning change.
f6;~.....ThQ_OwnEir._Applicarit,_ ati\1_City-.J
acknowledge that In the event the subject
property is transferred, sold, redevel-
oped, or subdivided, all redevelopment
will conform with the terms of this
Conditional Zoning Agreement.
7. The parties acknowledge Ihat this
Conditional Zoning Agreement shall be
deemed to be a covenant running with
the land and with title to the land, and
. shall remain in full force and effect as a
co~enant with title 10 the land, unless or
until released of record by the City of
Iowa City. .
I The parties further acknowledge that
this agreement shall Inure to the benefit
of and bind all ~uccessors, representa-
'tives, and assigns of the parties.
~. Applicant ~~knowledges that nothing
;In thiS Conditional Zoning Agreement I
shall be construed to relieve the Owner
or Applicant from complying with all other
applicable local, state, and federal regu-
ilations.
:9. The parties agree that this Conditional
Zoning Agreement shall be incorporated
by reference into the ordinance rezoning
t.he subject p~op~rty, and that upon adop-
. tlon end publication of the ordinance, this
agreement shall be recorded in the
. Johnson County Recorders Office at the
Applicant's expense.
Oated this 13th day of December, 2005. I
CITY OF IOWA CITY I
stErnest W. Lehman, Mayor
Attest: slMarian K. Karr, City Cieri<
Fairview, Inc. Iowa City I.
slJoe A Trammell
stRobert R. Mitchell
stRicherd Stagg
Arlington Development, Inc,
I . slGary D. Watts
I slJohn W. Moreland Jr.
'!~ ~~~b~r3~,2~
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I ~ 1
-~= -4
~~ai~'t
"'-~"'liiT"IIII"
---- ...
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4186
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City, Iowa, this 10th day of February, 2006.
JU~V;~~ri~ ~ "\'-~'\)~
Deputy City Clerk
...... ~ ;.
~
'r'
.
~,(.)~-LH 't?1o
I.
Printer's Fee $ ,:)r"J, 4 '53. /pO ,
CERTIFICATE OF PUBLICATION ,
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,})'LQnGi L.'nR(';Aa
0' 111ft being duly sworn, say
He . ._.,
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper~ times(s), on the
following dates(s):
lloCr""" iJA ;) f<. :loD&)
\)\~~ d ~.I/(,kC'~" .
Legal Clerk
Subscribed and sworn to before me
this /l-Cl dayof~
.
AD. 20 ()/.;J
~k- Notary Public
~ UNDA KROTZ
:\ Comm!ssIon Number 7326-;0
. _ . My Commisslo:1 E::;::::"::.o
ow. January 27. Z::.:J
."",
;;-~-,...
~. ~ -
.,
OFFICIAL PUBLICATION
" Publish 12/28
- ~ ORDINANCE NO. 05-4186
. AN ORDINANCE AMENDING TITLE 14
r .: ENTITLED "UNIFIED OEVELOPMENT
.. . COOE" BY, REPEALING CHAPTERS 4,
r _., 6 AND 9 AND REPLACING THEM WITH
~ ':': THE NEWmLE 14 ZONING CODe,
"";. AMENDING PORTIONS OF CHAPTERS
;; 1; 5 AND 7, RENUMBERING CHAP.
"TERS 1, 2, 3, 5, 7, 8, 10 AND 11. AND
.., REPEALING CHAPTER 12.
: WHEREAS, the
~ Comprehensive Plan provides a vision
- '" for future development of Iowa City's
-: neighborhoods, commercial and industri-
al districts and public spaces; and
. WHEREAS, tha Plan envi-
, ~ " slons healthy neighborhoods providing
. : an array of housing options for the city's
~ diverse population, preservation of his- .
~ tonc neighborhoods and landmarks,
. attractive and vibrant commercial dis. .
^ : triots, economically sound industrial dls-
..., tricts, preservation of environmental
<. - assets and accessible trails, parks and
I. ~ open space; and
, : WHEREAS, the Zoning Code
- _ adopted in 1983 does not contain the
~ -. tools necessary to implernent the vision
.... '" of the Comprehensive Plan; and
'"': WHEREAS, after consider-
': able deliberation and public discussion,
"" the Planning and Zoning Commission
<'; has recommended approval of a new
~ ~ Zoning Code based on the
". Comprehensive Plan; and
.\ WHEREAS, the City Council
wishes to update the Zoning Code to
'. implement the Comprehensive Plan; and
( WHEREAS, it ;s necessary to
I amend other chapters of the Code to be
i consistent with the proposed Zoning
t Code.
I NOW. THEREFORE, BE IT
I ORDAINED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
I SECTION I. The Code .f
J Ordinances at the City of Iowa City, Iowa
I is hereby amended as follows:
A. By repealing Title 14, .Unified
Development Code," Chapter 4, Land
Control and Development" Chapter 6,
"Zoning," and Chap1er~, "~evelopment
Fees," and substituting In lieu thereof the
"TITLE 14, ZONING CODE" attached
hereto and incorporated herein by this
reference.
B, By renumbering Title 14, Chapter S,
"Airport Zoning," to Title 14, Chapter ~
within the "TITLE 14, ZONING CODE
attached hereto.
C. By renumbering and renaming TItle
14, Chapter 7, "Land Subdivision" and
amending it as follows: ..
1. Section 14-70-2 is deleted In Its .
entirety and substituted i~ !ieu thereof IS
the following: "As a condition of approval
for residential subdivisions, commercial
subdivisions containing residential uses,
and planned developments, th~ ~pUcant
shall dedicate land, pay a fee In hell of
land, or a combination thereof, for park,
greenway, recreational and open space
purposes, as determined by the City and
in accordance with the provis.ions of
Article 14-SK, Neighborhood Open
Space Requirements.
2. Sections 14-70-3, 14-70- 4, 14-70-5
and 14-70-6 are deleted in their entirety.
D. By renumbering Titfe 14, Chapter 1,
'Streets, Sidewalks and Public Right of
Way" and amending it as follows:
1. Section 14-1A-7 is deleted in Its entire-
ty and substituted in lieu thereof is the
following: "No person shall construct or
cause to be constructed any encroach-
rnent into or over the public right of way,
except as specifically allowed by City
Code. For any such encroachment into or
. ~V!r the.~l;lbtic r!gt!! ~y that is specifi-
~~. \""\ '3\,
.-calry al10wedtiy City Code, includlri!:f---
signs, buildings, and other structures, a
1 Use of Public Right-Of-Way Agreement
1 must be signed by the property owner
and approved by the City as a part of the
approval process."
2. Section 14-1B is deleted in its entirety
and substituted in lieu thereof is the fol-
lowing: Before any person shall cut any
I curb on any street in the City, the person
shall first obtain an Access Permit from
the Department of Public Works, which
permit shall be issued only on condition
that the curb cutting be done in accor-
dance with the provisions of Article 14-
5C of the City Code, Access
Management Standards.
3. ~ection 14-1C-2 is deleted in its
entirety and substituted in lieu thereof is
the following: Sidewalks must be located
within the public right-of-way so that the
line of the inner edge of the Sidewalk is
one foot from the property line. In cases
where there is practical difficUlty meeting
this location standard, the City Engineer
may modify the location of a sidewalk.
4. Section 14-1 C-3A is deleted in its
entirety and substituted in lieu thereof is
the following: SidE!walks must be con-
structed, reconstructed and repaired in
accordance with the Iowa City Municipal
Design Standards, as amended.
5. Section 14-1C-3C is deleted in its
entirety and substituted in lieu thereof is
the following: The City Engineer may
order t~e repair, replacement, or recon-
struction of a public sidewalk upon writ-
ten notice and as provided by State Law.
Such order and written notice shall con-
stitute issuance of a permit as required in
subsection B, abOve. .
6. Section 14-1E-1 is deleted in i1s entire-
ty.
7. Section 14-1E-2 is renumbered to 14-
1E-1 and amended by deletion of the
definitions for "Sign" and "Signs in Public
Places. and substitution In lieu thereof
the following definitions: "SIGN: As
defined in Article 14-9C, Sign Definitions"
and "PUBLIC PLACE: Any pUblic street,
way, place, alley, sidewalk, park, square,
plaza and City-owned right of way or any
other public property owned or controlled
by the City and dedicated for public use."
J B. Section 14-1 E-3 is deleted in its entire- ~~
ty and substituted in lieu thereof as sec-
tion 14-1 E-2 is the following: "RESTRIC-
TIONS: No privately-owned Signs shall
be placed on-or over a public place,
except as provided for in Section 14-5B-
10 of the City COde."
9. Section 14-1 E-4 is deleted in its entire-
ty.
E. By renumbering Title 14, Chapter 2,
"Public Utilities and City Right of Way."
F. By renumbering Tille 14, Chapter 3,
"City Utilities."
! G. By renumbering Tille 14, Chapter 10,
"Standards For Public Works
Improvement Projects."
H. By renumbering Title 14, Chapter 11,
"Penalties."
I. By deleting Title 14, Chapter 12, in its
entirety. .
J. By renumbering Title 14, Chapter 5,
"Building and Housing" and amending it
as follows:
1. Section 14-5H is deleted in its entirety,
and substituted in lieu thereof is the
"SITE PLAN REVIEW" attached hereto
and incorporated herein by this refer-
ence.
SECTION 'II. ZONING MAP.
Upon final passage, approval and publi-
cation of this Ordinance, as provided by
law, because this ordinance tenames
"ResidentiaVQffice Zone (RIO)" to "Mixed
Use Zone (MU)", "Neighborhood
Conservation Residential Zone (RNC-
~1_2)'~o. "Neig~b_orh~ood ~~~zation
~. oS; -'-H'8'lo
~~. :::t.,\3 \\
J
b~~F1C;~~~~B~I~ON' ..
: Residential Zone (RNS-12)",
I "Neighborhood Conservation Residential
, Zone (RNC-20)" to "Neighborhood
Stabilization Residential Zone {RNS-20r,
and "Public Zone (P)" to "Neighborhood
Public Zone (P-1t and "Institutional
Public Zone (P-2)," the Building Official is
hereby authorized and directed to
change references on the zoning map of
the City of Iowa City, Iowa, accordingly.
SECTION III. REPEALER. All
ordinances and parts of ordinances in
conflict with the provi-sions of this
Ordinance are hereby repealed.
SECTION IV, SEVERABILI.
TY. If any section, provi-sion or part of
the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudica-
tion 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 Ordi-nance shall be in effect
after its final passage, approv-al and
publication.
Passed and approved this
15th day of December, 2005.
slErnestW.
lehman, Mayor
Attest: slMarian K. Karr, City
Clerk
L
. - - ":--'
" CHAPTER 1. INTRODUCTORY PRl>VISIONS
,
,
; Article A. Title, Applicability, Purpose
,"
.
"
"",
~~
o. A
o .
,
~:
v;
,
5.
- 6.
0
,
I, 7.
..
8,
14-1A-l Title
This Title shall be'known and officially cited as the "Iowa City Zoning Code"
. I '" '
14-1A-2 A licabilit
The provisions of this Title shall be applicable to all property within the corporate limits of the
City of Ibwa City as provided by.Chapter 414; Code of Iowa. .
I .
14-1A-3 Pur ose
B.
Generally
The provisions of this Title are intended to implement the City of Iowa City's
Comprehensive Plan in a manner that promotes the health, safety, order, convenience,
prosperity, and general welfare of the citizens of Iowa City,
Specifically
The provisions of this Title are specifically intended to:
1. Conserve and protect the value of property throughout the City;
2, Encourage the most appropriate use of land and foster convenient, compatible and
efficient relationship among land uses;
3. Provide the opportunity for a variety of housing types to meet the needs of the City's
population;
4. Promote the economic stability of existing and future land uses that are consistent
with the Comprehensive Plan and protect them from intrusions by Incompatible land
,
uses;
Lessen congestion in the streets and promote safe and effective access to property;
Prevent the overcrowding of land;
. ''Avoid undue concentration of population; and
Conserve open space'and'protect natural, scenic, and historic resources. ",' !~j
. ~'" \.
\.
~ A.
,
J'."!-
, ,
, , B.
.,::
,
".,~
,-
, , C.
.
~: D.
.
" E.
.1""
,
,
c~
" G.
"
,
~e>
e
.
,
.
e"
"
~~
,;
.;>
,,=,
,. B
~o .
.0
o
e~
e';';
0'
~".
0'
-~
-~
~~ c.
-~
o
~:..:-:"
~';';e
~~;
~':::e
,,:;:~
'" e
"'~~-~
'" ~
~ 'e
o 0
~:;
~::"
Article B.
Q~: uS- - ~l ~n.o
Interpretation and Scope
--,' -----,,
'J ..__..__
14-1B-1 Inter retation and A lieation of Provisions
F.
In interpreting and applying the provisions of this Title, such provisions shall be held to be
the minimum requirements for the promotion of the public safety, health, convenience,
order, prosperity and general welfare.
This Title is not intended to interfere with, abrogate or annul any easements, covenants or
other agreements between parties, except if this Title imposes a greater restriction, this
Title shall control.
In case of any inconsistency between the text of this Title and any heading, drawing,
table, figure, or illustration, the text shall control.
If the provisions of this Title are inconsistent with those of the state or federal
government, the more restrictive provision will control to the extent permitted by law.
If the provisions of this Title are inconsistent with one another or if they conflict with
provisions found in other adopted ordinances, resolutions, or regulations of the City, the
provision that is more specific to the situation will control. When regulations are equally
specific or when it is unclear which regulation to apply, the more restrictive provision will.
control.
Whenever reference is made to a resolution, ordinance, statute, regulation, or document,
it shall be construed as a reference to the most recent edition of ~uch regulation (as
amended), resolution, ordinance, statute, regulation or document, unless otherwise
speCifically stated.
Whenever a provision appears requiring the head of a department or another officer or
employee of the City to perform an act or duty" that provision shall be construed as
authorizing the department head or officer to delegate that responsibility to others over
whom they have authority.
14-1B-2 Rules of Word Construction
A. Unless otherwise specifically indicated, lists of items or examples that use terms such as
"including," "such as," or similar language are intended to provide examples, not to be
exhaustive of all possibilities.
B. Words in the present te.nse include the future tense. The reverse is aiso true.
C. The words "shall,u "shall not," Ilmust," lImust not'" Ilwill,1l llwill not," and "may nOel are
mandatory. The word "may" is permissive.
14-18-3 Seo e
Except as otherwise provided in this Title, the use of premises and structures in the City shall be
in accordance with the minimum standards hereinafter established:
No use shall be established nor shall any structure be installed, converted, enlarged,
reconstructed' or structurally altered, except in conformity with the regulations and
standards of this Title.
A.
No land shall be used or divided, and no structure shall be occupied, constructed,
installed, converted, enlarg~d, reconstructed, moved, or structurally altered until:
1. All applicable review and approval procedures have been followed;
. 2. All applicable approvals have been obtained; and
3. All required permits or authorizations to proceed have been issued.
The lot area required for one structure or use under this Title cannot be used to meet the
requirements for another structure or use.
D. Every use established or structure installed or structurally altered shall be located on a
. "lot" as defined in this Title. The number of principal uses and structures permitted on a
lot shall'be as follows:
1. ' In RS zones and the RNS-12 Zone, there shall not be more than one principal use or
building per lot, except as permitted through a Board of Adjustment approval of a
special exception to establish or expand an Educational Facility or Religious/Private
Group Assembly Use.
"
.'
~J.?> '\ ~I\
~
-:-_~ ___~:J' L\ ~ ~\l
In all other zones, there may be more than one principal use, building or structure on
a lot.
---- --
~. OS -~ '6\.c
-_...---- ---
2.
3. In the RR-1 Zone, there shall not be more than one principal dwelling per lot.
. E. Except as specifically allowed by this Title, no use permitted as a special exception under
this Title shall be established or enlarged except as permitted by the Board of Adjustment.
14-1B-4 Zonin Ma ; Determination of Zonin Boundaries
The boundaries of the various Zoning Districts, hereinafter referred to as "zones" are shown on
the Zoning Map, said Map made a part of this Titie by reference and on fiie in the offices of the
City Clerk and the Department of Planning and Community Deveiopment. Where uncertainty
. exists as to the boundaries of zones as shown on the Zoning Map, the following rules apply.
A. Where the boundaries of the zones are along streets and alleys, they shall be construed to
be along the centerlines of such streets and alleys.
B. Where boundaries of the zones are not clearly indicated on the map and where the
property has been or may hereafter be divided into blocks and lots, the boundaries of the
zones shall be construed to be the nearest lot lines.
C. Where the zones designated on the Zoning Map are bounded approximately by lot lines,
the lot lines shall be construed to be the boundaries of the zones. The intent of this
provision is that no lot shall be divided by a zone boundary.
D. In separate tracts not subdivided and for unsubdivided property, the zoning boundary lines
on the Map shall be determined by use of the scale on the Map.
E. Where boundaries cannot be determined using the paragraphs above, the Zoning Code
Interpretation Panel shall interpret the zone boundaries.
CHAPTER 2. BASE ZONES
Article A. Single Family Residential Zones
14-2A-1 Establishment and Intent of Sin Ie Famil Residential Zones
The full names, short names, and map symbols of the established Single Family Resldential-
Zones are listed' below. When this Title refers to the Single Family ReSidential Zones, it is
referrln'g tathe zones iisted below. When this Title refers to Residential Zones, or Rl-Zones, it is
. re(erring to both the Single Family Residential Zones listed below and the Multi-Family
Residential Zones listed in Article 14-2B.
A. Rural Residential Zone (RR-i)
The Rural Residential Zone (RR-1) is intended to provide a rural residential character for
areas in the city that are not projected to have the utilities necessary for urban
development in the foreseeable future or for areas that have sensitive environmentai
features that preclude development at urban densities.
B. Low Density Single Family. Residential Zone (RS-S)
The Low Density Single-Family Residential Zone (RS-5) is primarily intended to PrOvide
housing opportunities for individual households. The regulations are intended to create,
maintain, and promote livable neighborhoods. The regulations allow for some flexibility of
dwelling types to provide housing opportunities for a variety of household types. This zone
aiso allows for some nonresidential uses that contribute to the livability of residential
neighborhoods, such as parks, schoois, religious institutions, and daycare facilities. Related
nonresidential uses and structures should be planned and designed to be compatible with
the character, scale, and pattern of the residential development.
C. Medium Density Single Family Residential Zone (RS-8)
The purpose of the Medium Density Single-Family Residential Zone (RS-8) is primarily to
provide for the development of small lot single-family dwellings. The regulations are
intended to create, maintain, and promote livable neighborhoods. The regulations allow
for some flexibility of dwelling tYpes to provide housing opportunities for a variety of
household types. Special attention should be given to site design to ensure the
development of quality neighborhoods. Nonresidential uses and structures permitted in
this zone should be planned and designed to be compatible with the character, scale, and
pattern of the residential development. '
.,-~~ -.
.'
.........,
"
-
'--t
~ I:}~-,-\,<HD
~~. S"_~ ~q
D. High Density Single Family Residential Zone (RS-12)
The High Density Single-Family Residential Zone (RS-12) is intended to provide for .
development of single-family dwellings, duplexes and attached housing units at a higher
density than in other single family zones. Because this district represents a relatively high
density for single-family development, dwellings should be in close proximity to 'all City
services and facilities, especially parks, schools and recreational facilities. Special attention
should be given to site design to ensure the development of quality neighborhoods.
Nonresidential uses and structures permitted in this zone should be planned and designed
to be compatible with the character, scale, and pattern of the residential development.
E. Neighborhood Stabilization Residential Zone (RNS-12)
The purpose of the Neighborhood Stabilization Residential Zone (RNS-12) is to stabilize
certain existing residential neighborhoods by preserving the predominantly single-family
residential character of these neighborhoods. Provisions in this zone prevent the
conversion or redevelopment of single family uses to multi-family uses. However, existing
conforming multi-family uses retain their conforming status when rezoned to RNS-12.
14-2A-2 land Uses Allowed
A. Determining the Principal Uses Allowed
1. Table 2A-l indicates whether a principal land use is permitted (P), allowed with
provisions (PR), or allowed by speciai exception (S) in a particular single family
residential zone. A number in brackets, such as [1], indicates that a special provision.
applies. See Table Notes for more information.
2. Specific iand uses are grouped into the categories and subgroups listed in the table.
For example, a church is Classified as Religious/Private Group Assembly. To find out
how a specific land use is categorized see Article 14-4A, Land Use Classification.
3. Provislonai uses are allowed, subject to the additional requirements contained in
Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses.
4. Uses listed as speciai exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-4B along with specific approval criteria for most special exception uses.
B. Accessory Uses Allowed .
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
Buildings.
'"""
-r-
M'
,
{;
'\
'.I..:~ .~......v-~ .~L.
-
~~.............-
s-.
~--.J . l.o \ 3 \l
~
05 - CI... \ ~ \c
~
-'--"~"-~"'
-,~-~-~_.~ -
. . ~
'.
~
I
2 . WEDNESDAY, December 28, 2005 Iowa City Press-Citizen
: Table 2A-1 - Principal Uses Allowed in Single FamilY.ResidentialZpl)AA
USE CATEGORIES I SUBGROUPS I RR-1 I RS-5 I RS-8 I RS-12 I RNS-12.
Residential Uses
Household Living l:Ises Detached Single Family P P P P P
Dwellings .
Detached Zero Lot Line PR PR PR PR
Dwellinas
Attached Single Family PR PR PR
DweHinas
Two-Familv Uses (Du lexes) PR PR PR PR
GroU'iJ Households PR PR PR PR PR
Multi-Farnil Uses 11
Group living Uses Assisted Grou Livin
Indeoenclent GrauD livina 1
Fraternal Group living [1]
USE CATEGORIES SUBGROUPS RR.1 RS-5 RS-ll RS-12 RNS-12
....
Commercial Uses
Animal-related Commercial General
Uses intensive
Institutional And Civic Uses
PR
PR
Davcare Uses S S S S S
Educational Facilities General PR S S S S
Snecialized
Parks and Open Space PR PR PR PR PR
Uses
ReligiouS/Private Group .PR S S S S
Assemblv Uses
USE CATEGORIES SUBGROUPS RR-1 RS-5 RS-8 R8-12 RN5-12
Other Uses
Agricultural Uses Plant-related P
Animal-related
Communication PR PR PR PR PR
Transmission Facilihl Uses
P = Permitted PR = Provisional S = Special Exception
Notes: [1] Multi-Family and Group Living Uses in the RNS-12 zone must comply with the special provisions contained
in Section 14-2A-7.
14- 2A-3 General Provisions
All pr]nc]pal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title and, if applicable, the Overlay Zone
pro.visions of Chapter 14-3. Said Chapters are indicated as follows:
A. Overlay. Zones
1. Planned Development Overlay
See Article 14- 3A. .
2. Historic District and Conservation District Overlay
See Article 14-36.
3. Design Review
See Article 14- 3C.
B. Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-46.
2. Accessory Uses and Buildings
See Article 14-4C.
3. Temporary Uses
See Article 14-40.
4. Nonconforming Situations
. See Article 14-4E. "
6
~~. \~ ~n
~. . Cl $"-'--\ \ ~ \n
._~--:----
c.
Site Development Standards
1. Off-street Parking and Loading Standards
See Article 14-SA. .
2. Sign Regulations
See Article 14-58. .
3. Access Management Standards
See Article 14-Se.
4. Intersection Visibility Standards
See Article 14-SD.
S. Landscaping and Tree Stand;lrds
See,Article 14-SE.
6. Screening and Buffering Standards
See Article 14-SF.
7: Outdoor Lighting Standards
See Article 14-SG.
8. Performance Standards
,See Article 14-SH.
9. Sensitive Lands and Features
See Article 14-SI.
10. Flood Plain Management Standards
See Article 14-5J.
11. Neighborhood Open Space Requirements
See Article 14-5K.
"
~-
/
.,
I,;:-:--;r'...f
...
14-2A-4 Dimensional Re uirements
The dimensional requirements for the Single Family Residential Zones are stated in Table 2A-2,
located at the end of this Section. Each of the following subsections describes in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional requirements not specified in
Table 2A-2. Approval criteria for these uses are addressed in Article 14-48. Dimensional
requirements may be waived or modified for developments approved through the Planned
Development (See Article 14-3A, Planned Development Overlay) or through the Historic
Preservation Exception as outlined in the Special Provisions Section at the end of this Article.
A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requirements are intended to ensure that a lot is of
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this.
Title can be met. The lot area per dwelling unit standards' control the intensity of use
on a lot to ensure consistency and compatibility of new dwellings with the
surrounding development.
2. Standards
. Generally, the minimum lot area and width standards for the various Single Family
Residential Zones and for specific residential uses are stated in TBble 2A-2, located at
the end of this Section.
3. Minimum Lot Sizes for Specific Land Uses.
a. Provisional Uses and uses allowed by Special Exception may have specific lot
. size requirements not specified in Table 2A-2. Approval criteria for these uses
are addressed in Article 14~48, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses.
b. If a minimum lot size is specified within a Zone for a particular land use o'r
dwelling type, whether Permitted, Provisional or a Special Exception, that use or
dwelling type may not be established on a smaller lot, even if smaller lots are
permitted in the subject base zone, except as permitted under Article 14-4E,
Nonconforming Situations. .
)
-
~
certain building featur~s as specified in this subsection.
3: Specific Setback Requirements
The following subparagraphs contain setback requirements that apply in specific
situations. - . . " ,
,
a.Setb~c~t'Along Arterial ~
f
tl) On'lots platted after December 31, 1983, a minimum 40-foot front setback
is required along any lot line that abuts an arterial street or future arterial
street as shown on the Iowa City Arterial Street Map, located in Article 14-
5C, Access Management Standards.
(2) If a lot is located along an arterial street that is substandard with regard to
the width of the public right-of-way as specified in Title 15, Subdivisions,
then the minimum 40-foot front setback along said street is increased by
the number of additional feet that will be required for future upgrade of
said street to City standards. Lots platted prior to December 31, 1983 are
exempt from this requirement. In addition, setback averaging may apply in
certain circumstances (See subparagraph e., below).
b. Lots with Multiple Frontages
___~.~.:::, -~l~1.o
_. - --.--------
B. Minimum Setback Requirements for Principal Buildings
1.
Purpose
The minimum setback requirements are intended to:
a. Maintain light, air, separation for fire protection, and access for fire fighting;
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in the City's
neighborhoods;
d. Promote a reasonable physical relationship between buildings and between
residences; and
e. Provide flexibility to site a building so that it is compatible with buildings in the
vicinity. .
General Setback Requirements
Generally, the minimum required setbacks for principal buildings in residential zones
are stated in Table 2A-2, below. The minimum setbacks for principal buildings create
required setback areas within which principal buildings are not allowed, except for
"
2.
L
(1) On corner lots, no building, structure or planting, unless specifically
exempted, may be located within the Vision Triangie, as set forth in Article
14-5D, Intersection Visibility Standards.
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required front setback must 'be provided
. , .
along all streets and such setback will be considered a front setback for
purposes of this Title. '
, . ~
c. Lots with Multiple Buildings .. .
The principal buildings on the lot must be separated by a horizontal distance of
at least 10 feet. Proximity of building walls will be subject to all cUlTent Building
Code fire protection requirements.
d. Overlay Zones and Special Districts
If specific setbacks have been established in a Historic or Conservation District,
a Planned Development, or in the Central Planning District, those setbacks
supercede the setback requirements of the base zone. For properties located in
a Historic or Conservation District refer to Article 14-3B and also the'applicable
setback provisions in the Iowa City Historic Preservation Handbook. For a
.. property located in a Planned Development Overlay Zone refer to the approved
Planned Developmerit Overlay Plan for the subject property. For Two Family
Uses, Multi-Family Uses, Group Uving Uses, and Institutional/Civic Uses located
on property in the Central Planning District" refer to the applicable setback
provisions in Section 14-2B-6, Multi-Family Site Development Standards.
~:" ~~ ~\l
'.
"
-.
'.
'" ~ ~ .
;;'.-,j
- -,
-/:':
," ;
f
'b.q,~3\\
~'C;S--~\'"6\o
e. Setback.Averaging!
-"",,-
(1) Where at least 50 percent of the lots along a frontage have been
developed and all of these developed lots are occupied by principal 'c '
buildings that are located at least 5 feet further from the street than the
required front setback, the required front setback along the frontage is
increased to the equivalent of the setback of the building closest to the
street. (See Figure 2A.1, below)
Rgure 2A.1 - Setback Averaging (1)
i--T---I---i--l
I Building closest I I I I
:lom"troo'IO': : D I"
I I' I I I
5' ! 'nCfeasedFrofl'Setr'
L ' Required Front Setback I, . I
__--l_..L_I_......I._ __...J
Where at least 50 percent of the lots along a frontage are occupied by
. principal buildings that are located closer to the street than the required
front setback, the front Setback may, be reduced'tO the average of the
respective ~toacks on t~ec~putting lots, Q!llY the .setbacks on the lots that .............,~
abut each sid~ of the subject property ahin!{p,e, same street may be used
to calculate the average.. Setbacks across the street or along a different . '
street frontage may not'be'used. When one abutting lot is vacant or if the
lot is a corner lot, then the average is based on the setback of the non-
vacant lot and the required setback for the zone in which the lot is located,
(See Figure 2A,2)
4. Building Features Permitted Within the Required Setback Area
The following building features may extend into the required principal building
setback area, subject to the conditions indicated and provided that location of such a
feature does not violate the provisions of Article 14-50, 1ntersection Visibility'.
Standards. The setback regulations for detached accessory structures and structures
not considered part of the principal building are addressed In Article 14-4C, Accessory
Uses and Buildings.
(2)
; "j
....,.' }fL'i)
I )~(--: ,I ."
". >; "
Rgure 2A.2 - Setback Averaging (2)
r--i---i--l ,
1 A I B lei
I r=~11 I,
LD-tt~ 1 I.
~~~ _J
55ECt8:t<; 1aSelta:X 15~
--
i-G-T-;l
I I ,^.~g"" I
I I"~'" "'..~ I
oflOlGand 0-
I . req~s:j ~
I 1"'n'S"'~ I
forLotE
L(__
10'Setback
STREET
~
r--'l-~-i--l
I D I (""';d I F I
1 I"::'~= 1 I
I r:-: I ""'" 1
I I""""",,' 1 I
fa"I.J:tE
C> 'j
:<- ~
- :I
-:. J
. .
L
J
10_
15Fe:p.n:1.
--
-.'
~ ....O~
_ 0
...:""....
'"A"
-"'.:...
... ~.. ~
<;;-"'..""
?
~ .c:>5-'-\\'i(\o
_ " _ . __ 0- . .-r't,_ ._
i:-Awnings, uncover,ed balconies, bay windows, belt courses, buttresses, canopies,
chimneys, cornices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
setbacks. Except for balconies, bay windows, and chimneys, all such projecting .
building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may. extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at least 2 feeffrom any side lot
line. .
b.Covered.porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone and may not extend into the required setback area. The standards for
uncovered decks and patios are specified in Article 14-4C, AccessOry Uses and
Buildings. Covered porches, covered decks, and covered patios that are
attached to an accessory building must comply with the standards for accessory
buildings as specified in Article 14-4C, Accessory Uses and Buildings.
c.. Fire escapes may extend into any setback, provided they do not extend more
than 3 feet into any side setback. .
d.' Stairways that function as the principal means of access to dwelling units
located above the ground or first.floor of. a building'may not extend into any
required setback.
, I
e. Stoops and wheelchair ramps that function as a means of access to the ground
or first fioor of a dwelling unit may extend into the rear setback, up to 8 feet
into the required front setback, and into the side setback, provided they are
setback at least 3 feet from any side lot.line. In cases ,where due to topography
or other site characteristics, a wheelchair ramp cannot'meet.this standard, a
Minor Modification may be. requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
5.' . Adjustments to Principal Building Setback Requirements
a: A Minor Modification to reduce principal building setback requirements may ~e
requested according to the approval criteria and procedures for Minor
Modifications contained in Article 14-4B.
h.c :"lb. A Special Exception may be requested to reduce principal building setback
- \1'" requirements beyond what is allowed by Minor Modification. The Board .of
,;. Adjustment may adjust setback requirements if the owner or lawful occupant of
a property demonstrates that the general special exception approval criteria and
the following specific approval criteria have been satisfied:
(1) The situation is peculiar to the property in question;
(2) There is practical 'difficulty in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical.
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open'space. ..
C. . Building Bulk Standards
1. . Maximum Height
a. Purpose
The height regulations are intended to promote a reasonable building scale and
relationship between buildings;.provide options for light, air, and privacy; and
discourage buildings that visually dominate other buildings in the vicinity.
.'
".'j
'1 J
,
,
,-
,,:1.
''.; I~
o
~~. \\l \311
- "
-...-;....
:..;::...:
-.-
- ,
.. .-......."
;;;;....-.....
...............
~~ ......,
-...""'....,
.... - .
...':'~.....'-
. .
"'....-.....
... '&"
~ '" - "'. -f.-
, - .
-
~
"
~------'\r-,
'0
b. Standards
Generally, the maximum height standards for structures in Single Family
Residential Zones are stated in Table 2A-2. This table is located at the end of
this Section. Height standards for a~essory buildings are addressed in Article
14-4C, AcreSSIJry Uses and Buildings.' .
,. , c,. Exemptions
If allowed in the subject zone, the following structures or parts thereof are
exempt from the height limitations set forth in the zones indicated, provided an
increase in height does not conflict with Chapter 14-6, Airport Zoning.
:..r'
,: ,. (1) Chimneys or flues.
. -
(2) Spires on religious or other institutional buildings.
(3) Cupolas, domes, skylights and other'similar roof protrusions not used for
the purpose of obtaining habitable floor space,
(4) Farm structures, induding barns, silos, storage bins and similar structures
when a~essory to an allowed Agriculture Use.
. . (S) Flagpoles that extend not more than 10 feet above the height limit or not
more than 5 feet above the highest point of the roof, whichever is less.
(6) Parapet or fire walls extending not more than 3 feet above the limiting
height of the building.
(7) Poles, towers and other structures acceSSIJry to a Basic Utility Use, such as
street lights and utility poles.
(8) If allowed in the subject zone, Basic Utilities and Communication
Transmission Facilities are exempt from the base zone height standards,
but .are subject to any limitations plared by the Board of Adjustment.
(9) Roof structures, including elevator bulkheads, stairways, ventilating fans,
cooling towers and similar necessary mechanieal and electrical
appurtenances required to operate and maintain the building.
(10}Television antennae and similar apparatus.
, d. . Adjustment of Height Standards
;' .;:L ," (1) The maximum height for a principal building may be increased, provided
that for eaF!J-foot of height increase abo~e .the ~eight standard,. the fron~,
side, and'rear setbacks are ei\ch increased by an additional 2 feet, and ,-
provided that an increase in height does not conflict with the provisions of
Chapter 14-6, Airport Zoning. .
(2) A Minor ,Modification may also be requested to adjust the maximum height
for a particular building or property aa:ording to the procedures and
approval criteria for Minor Modifications contained in Article 14-4B.
2. Minimum Building Width
a. Purpose
The minimum building width requirements promote a reasonabie~building scale
and relationship between dwellings in a neighborhood.
"
. ,
t-
ii'
~ '
. 'j'!
I"
.'j'
i r .j~,
" -
"
,
:!5:-!tr~: --j'
)" .
J ,'1' .
.,
)~
~,\\,\3\1
~ 05 - cq '6 \.0
t I
.;
1i ."
')'
(/
'tJ. \~\ ~q
~.~S--'-\:\"b\c
,
,
--b;-Stanclanls '-j-- . p---'
The minimum building width requirements for principal structures in Single
Family Residential Zones are stated in Table 2A.2. This table is located at the
end of this Section. A principal building must be in compliance with the specified
minimum building width for at least 75 percent of the building's length. (See
Figure 2A.3, below). .
Figure 2A.3 - Minimum Building Width
'-----T
I I
I . }/ I
. 75% of
I building J
.. length
I I
I' , I
20' .
_L_.___~_
I ,
STREET
,
I' '" _'
D. Maximum Lot Coverag.e Standards
1.. Total Building Coverage
. , ,a. Purpose
The total building coverage standard helps to define the character of Single
Family Residential Zones by limiting the land area that can be covered by
buildings. These standards work in conjunction with the minimum lot
requirements and building bulk standards to determine how built-up a
neighborhood appears. .
',: b. Standard
\\ \
: : .) The total building coverage standards for the various Single Family Residential
Zones are stated in Table 2A'2, located at the end of this Section. The
maximum building coverage standard establishes the percentage of the total
area of a lot that can be covered by buildings. The total building area of all .
. i. . I buildings on the property, including both principal and accessory buildings, is
.. 3. i used to calculate the building coverage. .
2.,-c-Front Setback Coverage
~ !:'~ ~ 8. Purpose
" ,
The front setback coverage standard ensures that a certain portion of the front
setback area remains free of impervious surface, which helps to maintain a
consistent and pleasant environment along neighborhood streets. These
standards increase public safety by preventing excessive front yard paving and
vehicular storage that may obscure the principal dwelling and the main entrance
Ie I from view of the street. In addition, this standard helps to prevent .
" I neighborhood streets that are dominated by front yard pavement, particularly
along frontages with narrow residential lots.
b. Standard
The maximum front setback coverage standard for the Single Family Residential
Zones is stated in Table 2A-2, located at the end of this Section. The table lists
the maximum percentage of the required front setback that may be covered by
impervious surface, including driveways, walkways, patios, decks, and other
"
',' '".
',/'
.
'!.
;. "!
,
,;
:'1
c .'
...)
.
j
~
"
\.v....:.....w 1'i".........-."J.l.t..Y" ._,_d""~~I_:~--'-~----'-.!'-~"" -:--",
_.~. 1-~--
- 17.
~,-
I~
~. \-:3 \ 3\1
----
o~ .:::>::;-- - ~'~\.o
c.
paved areas, Front setback coverage may not exceed the percentage indicated
in Table 2A-2,
Exception.
A Special Exception may"be requested to increase the allowed front setback
coverage, The Board of Adjustment may adjust the front setback coverage
. standard if the owner or lawful occupant of a property demonstrates that the
general special exception approval criteria set forth in Articie 14-4B and the
following specific approval criteria have been satisfied:
(1) The lot is of an irregular shape or contains severe topography, such that
there is practical difficulty meeting the front setback coverage standard,
(2) The applicant has demonstrated that every effort has been made to design
buildings, paved areas, and vehicular use areas to meet the front setback
coverage standard. Such efforts inciude reducing the width of driveways,
reducing paved areas and size of garages and providing alternative means
of vehicular access to the property. If vehicular access to an ailey or
private rear lane is available, the fron\ setback coverage standard may not
be.increased.
(3) Granting the exception will not be contrary to the purpose of the (ront
setback coverage regulations,
(4) Any potential negative effects resulting from the exception are mitigated to
the extent practical.
01
k
-1 Detac!led
SF: induding 40,000 40,000 80 50 15' 5+22 20 35 20' 40% 50%
10rn lcll line
OIherUses1 40,000 nI. 80 50 20 5+22 20 35 20' 40% 50%
$05 ~.
,including 8,000' 8,000 50' 45' 15' 5+22 20 35 20' 45% 50%
10rn lot Une
uplexes 12,000 6,000 80 80 15' 5+22 20 35 20' 45% 50%
llached 6,000 6,000 40 40 15' O.r 20 35 20' 45% 50%
SF 10'
ptherUses1 8,000 nI, 60 45 20 5+22 20 35 20' 45% 50%
.$-1 petac!led
~,-induding 5,000' 5,000 45' 40' 15' 5+22 20 35 20' 45% 50%
~ltllotLlne
Du~ex 8,700 4,350 70 70 15' 5+22 20 35 20' 45% 50%
llached 4,350 4,350 35 35 15' O.r 20 35 20' 45% 50%
SF 10'
OtherUses1 5,000 nI, 45 40 20 5+22 20 35 20' 45% 50%
~$o12 De1o:hed
~~ncIuding 5,000' 5,000 45' 40' 15' 5+22 20 35 20' 50% 50%
ero Lot Line
Duple' 6,000 3,000 55 40 15' 5+22 20 35 20' 50% 50%
"llached 3,000 3,000 20128' 20 15' 0.. 20 35 18' 50% 50%
SF 10'
PtherUses1 5,000 nI, 45 40 20 5+22 20 35 20' 50% 50%
~12 ~tac!led SF 5,000 5,000 45 25 15' 5+22 20 35 20' 40%' 50%
uple' 6,000 3,000 45 25 15' 5+22 20 35 20' .40% 50%
FUses 5,000 Existing4 45 25 15' 5+22 20 35 20' 40% 50%
>therUses1 5,000 nI, 45 25 20 5+22 20 35 20' 40% 50%
Notes:
nla= nolapplicable
lOther uses must compty with the standards listed in thi~ table unless specified otherwise in Article 14-4B.
2 Minimum side setback is 5 feet for the firsl2 slories plus 2 feet for each addltional story. Detached Zero Lot Line Dwelllngs must comply with the
applicable side setback standards in Article 14-4B.
3 A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length.
. See the Special "Provisions of this Article regarding Multi-Family Uses.
5 See applicable side setbacks for Attached SF asyrovided ~~~e ~~~ M~nor M~~cations, Variances, Special Exceptions, and Provisional Uses.
13
~ ,Cl$"-LI,\'l\\.o
~
6 The principal dwelling must.be set back atleas! 15 feet, except on loTs located around thEi biJlb of a cukl6-sae; on such Io\s the principal dwelling mu~
be set back at least 25 feel On aU lots, garages, both attached and detached, must be set back as specified in Article 14-4C, Accessory Uses and
Buildings.
. 7 Mjnimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a rowal attached unns. When only two units are attached, lots
roost be 28 feel wide. ~ -.
~ 8~ the Single Family Density Bonus Options have been applied, the minimum 101 area, lot area per unit, 101 width and lot frontage.;equirements may be
reduced accooling~ (See Secti<>n 14-24-7). .
14-2A-5 Maximum Occu anc for Household Livin Uses -
The residential occupancy of a Household Living Use Is limited to one "household" per dwell1ng
unit, as this term is defined in Article 14-9A, General Definitions.
14-2A-6 Sin Ie Famil Site Develo ment Standards
A. Purpose
The single family site development standards are intended to:
1. Ensure that parking areas are located so as to prevent drainage onto adjoining
properties, to prevent vehicles from blocking sidewalks and to ensure that front yard
areas remain free of large parking areas that will detract from the residential
character of the neighborhood.
2. Enhance public safety for residents and visitors by lining streets with active living
spaces, ensuring that there is a physical and visual connection between the living
area of the residence and the street.
3. Enhance the p~estrian-oriented character of the neighborhood by preventing blank
facades and large expanses of concrete along the street.
B. Applicability
1. The standards of this Section apply to all Single Family and Two Family Uses located
in any Zone.
2. Multi-Family Dwell1ngs, Group living Uses, and Institutional/Civic Uses located in a
Single Family Zone are subject to the Multi-Family Site Development Standards
specified in Article 14-26; Multi-Family Residential Zones.
C. Garage, Driveway and Parking Location Standards
1. For Single Family Uses and Two-Family Uses, a required parking space may be
located behind another parking space on a regularly constructed aisle, provided the
spaces are not stacked more than two spaces deep, counting the space within a
garage (See Figure 2AA).
figure 2A.4: Stacked Parking Spaces
r-----'
I I
I I
I I
I I
: mm I
\ mm :
~-~"J;:j
2. Parking for Single Family Uses and Two-Family Uses may be designed to allow cars to
exit by backing into a street, except if street access is restricted or alley access is
required. '
3. Parking is not permitted in the front principal dwelling setback, except in the
following situations:
\<-\~ 3 \1
-I
r
Iy.
~. ~S--'-\\ 'g"\C
-----
r-a:-ForSlngle Family-UseS,"one of the required parking space(s) may be provided in
. the front pnncipal dwelling setback on a regulariy constructed aisle, provided
not less than 50 percent of the front principal dwelling setback area remains
open space, free of impervious surface.
b. For Two Family Uses and Group Households, 2 of the required parking spaces
may be provided in the front principal dwelling setback on a regularly
constructed aisle, provided not less than 50 percent of the front principal
dwelling setback area remains open space, free of impervious su~ace.
c. For Single Family Uses, Two Family Uses, and Group Households, up to 3 non-
required parking spaces may be provided in the front principal dwelling setback,
provided any such space is located on a regularly constructed aisle that leads
directly to a parking space that is not located in. the front principal dwelling
setback, and provided that not less than 50 percent of the front principal
dwelling setback area remains open space, free of buildings and impervious
surfaces. (See Figure 2A.S) .
Figure 2A.5: Non-required parking within the front setback area
i-----c---l
1 I
I 1
1 1
I 1
1 I
I I
1 1
[ mm m :
I! i I
1 immml~ 1::...,1
L-.,....,L______~_~,.....)
"5 C~~
4. Garages and carports must be located so as to provide a driveway, at least 25 feet in
length, between the entrance to the garage or carport and the street right-of-way
line. Garages and carports accessed from an alley must be located so as to provide a
driveway at least 5 feet in length between the entrance to the garage or carport and
the alley right-of-way line.
5. A non-hard surfaced drive or aisle may not be located closer than 3 feet to a lot line,
except at the pOint of access with a street, alley, or private rear lane. Hard-surfaced
drives must be set back at least 3 feet from any side or rear lot line, except under the
following circumstances.
a. The drives and aisles are pitched or curbed and drained to prevent the flow of
water onto adjoining property; or "
b. A drainage course has been established along lot lines to handle storm water
runoff; or
c. Any specific location along a side or rear lot line where a drive is shared with an
abutting lot; or
d. At the point of access with an alley or private rear lane.
6. On lots less than 60 feet In width, the length of any garage wall that faces a street-
side lot line may not exceed 60 percent of the total length of the building fa~de that
faces the same street-side lot line. On corner lots, only the garage wall(s) containing
a garage door must meet this standard. For Two Family Uses and Attached Single
Family Dwellings, additional vehicular access standards may apply. See applicable
standards in subsection 14-48-4, Specific Approval Criteria for Provisional Uses and
Special Exceptions.
-
_ ~~, \~ '\ "2>\1
.,
./
Is-
r------
I
~-~ . ~s- -L\\ \\\c
~--J- \\,~\{
14- 2A-7 5 ecial Provisions
A. Single Family Density Bonus Options
For Detached Single Family Dwellings and Detached Zero Lot Line Dwellings, the following
density bonuses are allowed in the following zones and under the following conditions:
1. In the RS-5 Zone
If vehicular access to garages and. off-street parking spaces is restricted to an alley or
private rear lane, then the following modifications to dimensional requirements are
. allowed:
a. The minimum lot width may be reduced to SO feet and the minimum lot
frontage may be reduced to 30 feet;
b. The minimum lot size may be reduced to 6,000 square feet; and
\\
c. The minimum front setback may be reduced to 10 feet, if utilities are also
located along the alley or private rear lane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk. -"
2. In the RS-B Zone
If vehicuiar access to garages and off-street parking spaces is restricted to an alley or
private rear lane, then the following modifications to dimensional requirements are.
allowed: .
a. The IT!inimum lot width may be reduced to 40. feet and the minimum frontage to
25 feet; .
b. The minimum l.at size may be reduced to 4,000 square feet; and
c. The minimum front setback may be reduced to 10 feet, if utilities are also
iocated along the alley or private rear lane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk. '
3. In the RS-12 Zone
If vehicular access to garages and off-street parking spaces is restricted to an alley or
private rear lane, then the following modifications to dimensionai requirements are
allowed:
a. The minimum iot width may be reduced to 30 feet and the minimum frontage to
20 feet;
b. The minimum lot size may be reduced to 3,000 square feet; and
c. The minimum front setback may be reduced to 10 feet, if utilities are also
located along the alley or private rear iane and the first floor elevation is at least
30 inches above the grade of the adjacent public sidewalk.
B. Historic Preservation Exceptions
1. The Board of Adjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this Article or in Chapter 14-5 or
any approval criteria listed in Article 14-4B of this Title that would prevent use or
occupancy of a property designated as an Iowa City Landmark or registered on the
National Register of Historic Places. In addition to the general special exception .
approval criteria set forth in Article 14-4B, the following approval criteria must be
met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property; ,
b. The applicant must obtain a certificate of approprtateness from the Historic
Preservation Commission.
2. The Board of Adjustment may grant a special exception to allow a property
designated as an Iowa City Landmark or registered on the National Register of
Historic Places to be adapted and re-used as a Community Service Use, Specialized
Educational Facility, or Hospitality-Oriented Retail Use. In addition to the general
special exception approval criteria listed in Article 14-4B, the applicant must also
meet the following criteria in order for the Board to grant this E!!<ception:
a. The exception is necessary to preserve the historic, aesthetic, or culturai
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
Ie,
~. ~C-~\'l(~
~,
Special Provisions in the Neighborhood Stabilization Residential Zone
L ' At the time a property is rezoned to Neighborhood Stabilization Residential (RNS-12),
any uses that were conforming with regard to use and minimum lot area per unit
requirements under the previous zoning designation shall be considered conforming
with regard to use and minimum lot area per unit requirements under the
Neighborhood Stabilization Residential Zone, Any building containing a conforming
use may be torn down and rebuilt to its present density or to the allowed density in
the Neighborhood Stabilization Residential Zone, provided that it conforms to all
other provisions of this Title. "
."
2, The special provision described in paragraph L, above, does riot exempt a property
from compliance with other relevant dimensional standards, site development
standards, use regulations, or any subsequent amendments to this Title that pertain
to the property.
D. Two Family Uses and Attached Single Family Dwellings in the RS~8 Zone
Existing Two Family Uses and Attached Single Family Dwellings located on interior lots in
the RS-8 Zone that were conforming with regard to use and minimum lot area per unit
requirements as of December 27, 2005 shall be considered conforming
,.
c.
. . I
with regard to use and minimum lot area per unit requirements regardless of location. ,
Any building containing a conforming use may be torn down and rebuilt to its present
density or to the allowed density in the RS-8 Zone, provided that it conforms to all other
provisions of this Title. This provision does not exempt a property from compliance with
other dimensional standards, site development standards, use regulations, or any
subsequent amendments to this Title that pertain to the property,
Article B. Multi-Family Residential Zones
14-28-1 Establishment and Intent of Multi-Famil Residential Zones
The full names, short names, and map symbols of the established Muiti-Family Residential
Zones are listed below, When this Title refers to the Multi-Family Residential Zones, it is
referring to the zones listed below. When this Title refers to Residential Zones, or R Zones, it is
referring to both the Single Family Residential Zones listed Articie 14-ZA and the Multi-Family
Residential Zones listed below.
A. Low Density Multi-Family Residential Zone (RM-12)
The purpose of the Low Density Multi-Family Residential Zone (RM-12) is to provide for
the development of high density, single-family housing and low density, multi-family
housing. This zone is intended to provide a diverse variety of housing options in.
I . neighborhoods throughout the City. Careful attention to site and building design is
important to ensure that the various housing types in anyone location are compatible with
one another. ~ .
8. Medium Density Multi-Family Residential Zone (RM-20)
The purpose of the Medium Density Multi-Family Residential Zone (RM-20) is to' provide for
the development of medium density multi-family housing, This zone is particularly well
suited to loCations adjacent to commercial areas and in areas with good access to all City
services and facilities, This zone allows a mix of detached and attached single family
housing, duplexes, and multi-family housing. Careful attention to site and building design
is important to ensure that the various housing types in anyone location are compatible;
with one another. , )
C. Neighborhood Stabilization Residential Zone (RNS-20) .r _ :
The purpose of the Neighborhood Stabilization Residential Zone (RNS-20) is to stabi,liie
and preserve the character of older neighborhoods that contain a mix of single family :
housing, duplexes, single family structures that have been converted to multi-family; -
housing, and properties that have been redeveloped with multi-family housing. Higher '.
density multi-family uses that were conforming prior to rezoning to RNS-20 remain .,; -
conforming when rezoned to RNS-20. Conversions and redevelopment may occur up'to
the density allowed in this zone. i r :.
\\\ ::3\,
,
(,
~..2j. \ 'b" :S, I
~ . CJ$""-<....\,\ ~\o
-----~_.- .
D. High Density Multi-Family Residential Zone (RM-44) .
The purpose of the High Density Multi-Family Residential Zone (RM-44) is to establish
areas for the.development of high density, muiti-family dweliings and group living
quarters. Properties zoned RM-44 should be located with good access to all City services
and facilities, including public transportation services. Vehicular access and parking should
be designed carefully to ensure efficient traffic and pedestrian circulation on adjacent
streets. Due to the high density permitted in this zone, careful attention to site design is
expected to ensure that buildings are compatible with surrounding land uses and that a
quality living environment will be maintained over time.
E. Planned High Density Multi-Family Residential Zone (PRM)
The purpose of the Planned High Density Multi-Family Residential Zone (PRM) is to provide
for development of high density multi-family housing in close proximity to centrally located
employment, educational, and commercial uses. Because of the high density of
development anticipated in this zone, special consideration of building and site design is
required. Density bonuses may be granted when additional amenities are provided.
. Establishing a pleasant, safe and efficient pedestrian environment is important, since many
of the City's primary destinations are within walking distance of properties zoned PRM.
r
- I
14-2B-2 Land Uses Allowed
A. Detennining the Principal Uses Allowed .
1. 'Table 2B-l' indicates whether a principal land use is permitted (P), allowed with
,"; _. _'. :provisions (PR), or allowed by special exception (S) in a particular multi-family
, ;-,. residential zone. I' , l'" ' . ~ .
2. SpeCific land uses are grouped into the categories and subgroups listed in the table.
For example, a rooming house is classified as Independent Group Living. .To find out
how a specific land use is categorized see Article 14-4A, Land Use Classification. I
3. Provisional uses are allowed, subject to the additional requirements contained in
Article 14-4B, Minor Modifications, Variances, Special Exceptions and Provisional
Uses.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The approval criteria for special exceptions are stated in Article
14-4B. .
B. Accessory Uses Allowed .
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
Buildings.
Tabte2B-1 - Princl at Uses Allowed in Muttl-Famll Residential Zones
USE CATEGORIES SUBGROUPS RM-12 RM-20 RNS-20 RM-44 PRM
Realdent\aI Uses
Household living Uses Detached SinQle Famil Dwelli . P P P
Detached Zero lot line Dwellin s PR PR PR
Attached Sinale Familv DwellinQs PR PR 'PR
Duolexes PR PR PR
Group Households PR PR PR PR PR
Multi-fami! DweUinas P P P P P
Group Living Uses Assisted Group Livinl] S PR PR PR PR
Independent Grou Livin PR PR PR
Fraternal Group Livina PR PR PR PR
Commercial Uses
Eating and Drinking
Establishments
Office Uses General Office
MedicaVDental OffIce ,
Retail Uses Sales-oriented "
Personal Service-oriented. S - )
Reoair-oriented ,
Hos itali -Oriented Retail PR PR
Outdoor Storage and Display-
oriented - - _._- --
,
f~
Institutional And CIvic Uses
~..~ :- L..l,,\ 1s'\o
.
~~. \C\. ~ ~\\
Community Service General Commun' Service S S S S S
Uses Commun' Service - Shelter S S S S S
Davcare Uses PR PR PR PR PR
Educational Facilities General PR PR PR PR PR
S ecialized PR
Parks and Open Space PR PR PR PR PR
Uses
Religious/Private Group PR PR PR PR PR
Assemblv Uses
Other Uses
Communication PR
Transmission Facility
Uses
P = Permitted PR = Provisional S = Special Exception
14-28-3 General Provisions
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
. provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and S of this Title and, if applicable, the Overlay Zone
provisions contained in Chapter 14-3. Said Chapters are indicated as follows:
A. Overlay Zones
1. Planned Development Overlay
See Article 14- 3A
2.' Historic District and Conservation District Overlay
See Article 14-38. .
3. Design Review.
See Article 14- 3C.
B. Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-48.
2. Accessory Uses and Buildings
See Article 14-4C.
3. - Temporary Uses
, See Article 14-40.
4. : Nonconforming Situations
See Article 14-4E.
C. Site Development Standards
1. Off-Street Parking and Loading standards
See Article 14-SA.
2. Sign Regulations
See Article 14-S8.
3. Access Management standards
See Article 14-SC.
4. : Intersection Visibility Standards
See Article 14-SD.
S. -Landscaping and Tree standards
See Article 14-SE.
6. Screening and Buffering Standards
See Article 14-SF. .
7 ,Outdoor Lighting Standards
. See Article 14-SG.
8. Performance standards
See Article 14-SH.
'9. Sensitive Lands and Features
See Article 14-SI.
10. Flood Plain Management standards
. See Article 14-SJ.
11: Neighborhood Open Space Requirements
. See Article 14-SK.
,
~-~
,~
~,~'S""-l..l,,\ ~\o
~0~C~ 3\\
14-28-4 Dimensional Re uirements
\.
The dimensional requirements for the Multi-Family Residential Zones are stated in Table 2B-2,
located at the end of this Section. Each of the following subsections describes'in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional requirements not specified in
Table 2B-2. Approval criteria for these uses are addressed in Article 14-4B. Dimensional
requirements may be waived or modified for developments approved through the Planned
Developnient process (See Article 14-3A, Planned Development Overlay) or through the Historic
Preservation Exception as outiined in the Special Provisions Section at the end of this Article.
.1 ! .'
A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requirements are intended to ensure that a lot is of
, ,
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this
Title can be met. The lot area per dwelling' unit standards control the intensity of use
on a lot to ensure consistency and compatibility of new dwellings with the
, . surro~nding development.
2. Standards
Generally, the minimum lot area and width standards for the various Multi-Family
Residential Zones and for specific residential uses are stated in Table 2B-2, located at
the end of this Section.
"3. . Minimum Lot Requirements for Specific Land Uses.
a. Provisional Uses and uses allowed by Special Exception may have specific lot
size requirements not specified in Table 2B-2. Approval criteria for these uses
are addressed in Article 14-4B.
. 1 , b." If a minimum lot size is specified within a Zone for a particular land use or
I; ~ dwelling type, whether Permitted, Provisional or a Special Exception, that use or
dwelling type may not be established on a smaller lot, even if smailer lots are
- permitted in the subject base zone, except as permitted under Article 14-4E,
Nonconforming Situations.
c. The Single Family Density Bonus Options for the RS-12 Zone, as specified in
,," Section 14-2A-7, may be applied to Detached Single Family Dwellings and
,.,' ,.Detached Zero Lot-Line Dwellings l(l(:ated in,th~RI"t,12 a~d,RM-29 ZO[les. If,the
Single Family Density Bonus Options have been applied, the minimum lot area;\
lot area per unit, lot width and lot frontage requirements may be reduced
!' 'accordingiy." . .
,,".! (;
"
. ..
B. Minimum Setback Requirements for Principal Buildings
1. . Purpose ,
. The minimum setback requirements are intended to:
a. Maintain light, air, separation for fire protection, and access for fire fighting';
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in the City's
neighborhoods;
d. Promote a reasonable physical relationship between buildings; and
','
e. Provide flexibility to site a building so that it Is compatibie with buildings in the
vicinity.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in Multi-Family
Residential Zones are stated in Table 2B-2, below. The minimum setbacks for
principal buildings create required setback areas within which principal buildings are
not allowed, except for certain building features as specified in this subsection. ,
3. Specific Setback Requirements
The following subparagraphs contain principal building setback requirements that
apply in specific situations.
, .
"J.o
-- - a.. Setbacks Along Arterial Streets
(1) On lots platted after December 31, 1983, a minimum 40-foot front setback
is required along any lot line that abuts an arterial street or future arterial
street as shown on the Iowa City Arterial Street Map, located in Article 14-
5C, Access Management Standards.
-(2) If a lot is located along an arterial street that is substandard with regard to
the width of the public right-of-way as specified in Title 15, Subdivisions,
then the minimum "O-foot front setback along said street is increased by
the number of additional feet that will be required for future upgrade of
said street to City standards. Lots platted prior to December 31, 1983 are
exempt from this requirement. In addition, setback averaging may apply in
certain circumstances (See subparagraph e., below).
b. Lots with Multiple Frontages
(1) On corner lots, no building, structure or planting, unless specifically
exempted, may be located within the Vision Triangle, as set forth in Article
14-5D, Intersection Visibility Standards.
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required frontsetback must be provided
along all streets and such setback wili be considered a front setback for
purposes of this Title.
Lots with Multiple Buildings .,
The principal buildings on a lot must be separated by a horizontal distance of at
least 10 feet. Buildings containing residential uses must be designed to
preserve privacy. This can be achieved by placement of windows to prevent
direct views into the windows of adjacent residential dwelling units. In addition,
balconies and air conditioning units may not be located along a building wall
that is within 20 feet of a building wall of an adjacent principal building on the
same lot, if the wall of the adjacent building contains window or door openings
into dwelling units. Proximity of building walls will be subject to all current
Building Code fire protection requirements.
Overlay Zones and Special Districts
If specific setbacks have been established in a Historic or Conservation District,
a Planned Development, or in the Central Planning District, those setbacks
supercede the setback requirements of the base zone. For properties located in
a Historic or Conservation District refer to Article 14-3B and also the applicable
setback provisions in the Iowa City Historic PreseNation Handbook. For a
property located in a Planned Development Overlay Zone refer to the approved
Planned Development Overlay Plan for the subject property. For Two Family
Uses, Multi-Family Uses, Group Uving Uses, and Institutional/Civic Uses located
on property in the Central Planning District, refer to the applicable setback
provisions in Section 14-2B-6, Multi-Family Site Development Standards.
Setback Averaging
.
,-
I. ~ _
"
~- --.,--.
~_. -' e:,S- - LI; \ % \0
~- ~\ ~ ~\l
c.
r:
d.
e.
,
(1) Where at least 50 percent of the lots along a frontage have been
developed and all of these developed lots are occupied by principal
buildings that are located at least 5 feet further from the street than the
required front setback, the required front setback along the frontage is
increased to the equivalent of the setback of the building closest to the
street. (See Figure 2B.1, below)
~I
~'~~\0n
~. <:>s-- L\\ 'b\o
figure 28.1 - Setback-Averaging (1)
--~.~--~
i--i---I---j--l
I Building closest I I I I
I ~o the street I I I I
I 0' IDI
1 I I I
/. // /.
// /. '//.
5' Increased F.ront Settck
L" . Required Front Setback I . I
._ _ ---L _ ...L _1_ ---1_ _ _ ~
(2) Where at least.50 percent of the lots along a frontage are occupied by
principal buildings that are located closer to the street than the required
front setback, the front setback may be reduced to the average of the
respective setbacks on the abutting lots. Only the setbacks on the lots that
abut each side of the subject property along the same Street may be used
to calculate the average. Setbacks across the street or along a different
street frontage may not be used. When one abutting lot is vacant or if the
lot is a corner lot, then the average is based on the' setback of the principal
building on the nonvacant lot and the required setback for the zone in
which the lot is located (See Figure. 26.2, below).
figure 28.2 - Setback Averaging (2)
i--l---i--l
I A 1 B 1 c 1
: .f,s~
~:::' I.. I
_ .~ _J
SSiI;aj( 1aSE4a:k 15'R;q..ira:l
--
i-G-T-;l
I I (Average of I
I IEXiStingSetbaCk 1
of Lot G and
I required setbaj
for Lot H)
I [. 12112'Setback I
for~olE
~
w
w
~
~
L(__
10' Setback
15' Required
Front Setback
STREET
I
~
':t~
,--"'"'
,
i--l---i--l
I D 1 ~d I F 1
I lE>d"'td=' 1 I
1 r':'w~ I -. 1
1 1",._ 1 I
fcr~E
.
___L-J
1S~ra:I
-""""
. L (
-,--
'"""""
4
<;(>~. d,~ ~ 311
~. ~s- '-\ \ 1< \J)
. '- 4. Building Features Permitted Within the Required Setback Area
The following building features may extend into the required principal building
. setback area, subject to the conditions indicated and provided that location of such a
feature does not violate the provisions of Article 14-5D, Intersection Visibility
Standards.. The setback regulations for detached accessory structures and structures
not considered part of the principal building are addressed in Article 14-4C, Accessory
Uses and Buildings.
a. Awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies,
chimneys, cornices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
setbacks. Except for balconies, bay windows, and chimneys, all such projecting
building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not.extend into the required side setback:
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at ieast 2 feet from any side lot
line.
b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone. The standards for uncovered decks and patios are specified in Article 14-
4C, Accessory Uses and Buildings. Covered porches, covered decks, and
covered patios that are attached to an 'accessory building must comply with the
standards for accessory buildings as specified in Article 14-4C, Accessory Uses
and Buildings.
c. Fire escapes may extend into any setback, provided they do not extend more
than 3 feet into any side setback.
d. Stairways that function as the 'principal means of access to dwelling units
located above the ground or first floor of a building may not extend into any
required setback.
e. Stoops and wheelchair ramps that function as a means of access to the ground
or first floor of a dwelling unit may extend into the rear setback, up to 8 feet
into the required front setback, and into the side setback, provided they are
setback at least 3 feet from any side lot line. In cases where due to topography
or other site characteristics, a wheelchair ramp cannot meet this standard, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
5. Adjustments to Principal Building Setback Requirements
a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor .
Modifications contained in Article 14-4B.
b. A Specia~Exception may be requested to reduce principal building setback
requirements beyond what is allowed by Minor Modification. The Board of
Adjustment may adjust setback reqUirements if the owner or lawful occupant of
a property demonstrates that the general speciai exception approval criteria set
. forth in Article 14-4B and the following specific approvai criteria have been
satisfied:
(1) The situation is peculiar to the property in question;
(2) There is practical difficuity in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
, mitigated to the extent practical.
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open space.
c...",' ."_~"
'.Z3
c.
~~, (::,s-L\\ 'h~
~. :<1.\\ ~\l
---~-~~-_.
Building Bulk Standards
1. Maximum Height
a. Purpose
The height regulations are intended to promote a reasonable building scale and
relationship beween bUildings; provide options for light, air, and privacy; and
discourage bUildings that visually dominate other buildings in the vicinity.
General Standards
Generally, the maximum height standards for structures in Multi-Family
Residential Zones are stated in Table 2B-2. This table is located at the end of
this Section. Height standards for accessory buildings are pddressed in Article
14-4C, Accessory Uses and Buildings.
Specific Standards
(1) In the Multi-Family Zones, if any portion of a building is within 15 feet of a
Single Family Residential Zone boundary, then the portion of the building
located within 15 feet of satd zone may not exceed 2-1/2 stories in height.
(2) In the RM-12, RM-20, and RNS-20 Zones, if any portion of a Two Family
Use, Multi-Family Use, Group Living Use, or Non-residential Use is located
within 15 feet of a property that contains an existing Single Family Use,
then the portion of the building located within 15 feet of said property may
not exceed 2-1/2 stories in height.
d. ExemPtions
If allowed in the subject zone, the following structures or parts thereof are
exempt from the height limitations set forth in the zones indicated, provided an
increase in height does not conflict with Chapter 14-6, Airport Zoning.
(1) Chimneys or flues.
(2) Spires on religious or other institutional buildings.
(3) Cupolas, domes, skylights and other similar roof protrusions not used for
the purpose of obtaining habitable floor space.
(4) Farm structures, including barns, silos, storage bins and similar structures
when accessory to an allowed Agriculture Use.
(5) Aagpoles that extend not more than 10 feet above the height limit or not
more than 5 feet above the highest Point of the roof, whichever is less.
(6) Parapet or fire walls.
(7) Poles, towers imd other structures accessory to a Basic Utility Use, such as
street lights and utility poles.
(8) If allowed in the subject zone, Basic Utilities and Communication
Transmission Facili~ies are exempt from the base zone height standards,
but are subject to any limitations placed by the Board of Adjustment.
(9) Roof structures, including elevator bulkheads, stairways, ventilating fans,
. cooling towers and similar necessary mechanical and eiectrical
appurtenances required to operate and maintain the building.
(10)Television antennae and similar apparatus.
e. Adjustment of Height Standards
b.
~.
c.
(1) The maximum height for a principal building may be increased, provided
that for each foot of height increase above the height standard, the front,
side, and rear setbacks are each increased by an additionai 2 feet, and
provided that an increase in height does not conflict with the provisions of
Chapter 14-6, Airport Zoning.
(2) A Minor Modification may also be requested to adjust the maximum height
for a particular building or property according to the procedures and
approval criteria for: Min<>r Modifications contained in Article 14-4B.
2.q
~. DS -<-\:\ '6 \0
-2:--Miiiimum Building Width
\Y~. ~S-\ 0\1
a. Purpose
The minimum building width requirements promote a reasonable building scale
and relationship between dwellings in a neighborhood. .
b. Standards
The minimum building width requirements for principal structures in Multi-
Family Residential Zones are stated in Table 2B-2. This table is located at the
end of this Sectjon. A building must be in compliance with the specifted
minimum buiiding width for at least 75 percent of the building's length (See
Figure 2B.3, below). .
Figure 2B.3 - Minimum Building Width
'----:--T
I J
I - I
II ~~~j~~ I
I ~ leng1h I
I 20' I
_L____--.l_
,
,.
STREET
D. Maximum Lot Coverage Standards
1. Total Building Coverage
a. Purpose
The total building coverage standard helps to define the character of Multi-
Family Residential Zones by limiting the land area that can be covered by
buildings. These standards work in conjunction with the minimum lot
requirements and building bulk standards to determine how built-up a
neighborhood appears.
b. Standard
The total building coverage standards for the various Multi-Family Residential
Zones are stated in Table 2B-2, located at the end of this Section. The
maximum building coverage standard establishes the percentage of the total
area of a lot that can be covered by buildings. The total building area of all
buildings on the property, including both principai and accessory buildings, is
used to" calculate the building coverage.
2. Front Setback Coverage
a. Purpose
The front setback coverage standard ensures that a certain portion of the front
setback remains free of impervious surface, which helps to maintain a consistent
and pleasant environment along neighborhood streets. These standards
increase public safety by preventing excessive front yard paving and vehicular
storage that may obscure the principal dwelling and the main entrance from
view of the street. In addition, this standard helps to prevent neighborhood
streets that are dominated by front yard pavement, particularly along frontages
with narrow residential lots.
b. Standard
The maximum front setback coverage standard for the Multi-Family Residential .
Zones is stated in Table 2B-2, located at the end of this Section. The table lists
the maximum percentage of the required front setback that may be covered by
impervious surface, including driveways, walkways, patios, decks, and other
paved areas. Front setback coverage may not exceed the percentage indjcated
in Table 2B-2. .
..
::ts-
~. e:,s--L\.\ ~\o
~,~lo~~\l
--- - -~--
c. ExceptiOn~ --- --
A.Special Exception may be requested to increase the allowed front setback
coverage. The Board of Adjustment may adjust the front setback coverage
standard if the owner or lawful occupant of a property demonstrates that the
general special exception approval criteria and the following specific approval
criteria have been satisfied:
(1) The lot is of an irregular shape or contains severe topography, such that
. there is practical difficulty meeting the front setback coverage standard.
(2) The applicant has demonstrated that every effort has been made to design
buildings, paved areas, and vehicular use areas to meet the front setback
coverage standard. Such efforts include reducing the width of driveways, .
reducing paved areas and size of garages and providing alternative means
of vehicuiar access to the property, If vehicular access to an alley or
private rear lane is available, the front setback coverage standard may not
be increased,
~-
(3) Granting the exception will not be contrary to the purpose of the. front
setback coverage regulations, . .
(4) Any potential negative effects resuiting from the exception are mitigated to
the extent practical.
RM-12 Detached SF
and Detached 5,0007 5.0007 55' 40' 15' 5+22 20 35' 20' 50% 50%
Zero LotUne
Duplex 6,000 3,000 55 40 15' 5+22 20 35' 20' 50% 50%
Attached SF 3,000 3,000 20/286 20 15' 0/104 20 35' nla 50% 50%
Multi-Family - 8,175 2,725 60 40 20 5+22 20 35' 20' 50% 50%
Group Living 8,175 SeeM. 60 40 20 5+22 20 35' 20' 50%
4B 50%
Non-residentiaJl 5,000 5,000 60 40 20 5+22 20 35' 20' 50% 50%
RM-20 Detached SF 35' I
and Detached 5,0007 5,0007 55' 40' 15' 5+22 20 20' 50% 50%
Zero LolLine
Duplex 3,600 1,800 45 35 15' 5+22 20 35' 20' 50% 50%
Attached SF 1,800 1,800 201286 20 15' 0/104 20 35' n/a 50% 50%
Multi-Family 5,000 1,800 60 40 20 5+22 20 35' 20' @% 50%
Group living 5,000 See Art. 60 40 20 5+22 20 35' 20' 50%
4B 50%
Non-residentiai1 5,000 n/a 60. 40 20 .5+22 20 35' 20' 50% 50%
RN5-20 Detached SF 35'
and Delached 5,0007 5,0007 40' 25' 15' 5+22 20 20' 45% 50%
Zero Lot line
Duplex 5,000 2,500 40 25 f55 5+22 20 35' 20' 45% 50%
Attached SF 2,500 2,500 20/286 20 15' 0/104 20 35' n/a 45% 50%
Multi-family 5,000 1,800' 40 25 20 5+22 20 35' 20' 45% 50%
GroupLMng 5,000 See Art. 40 25 20 5+22 20 35' 20'
4B' 45% 50%
Non-residentiaP 5,000 n/. 40 25 20 5+22 20 35' 20' 45% 50%
RM~ Multi-Family 5,000 1,000 none 35 20 5+22 20 35' 20' 50%. 50%
GroupUviog 5,000 SeeM. 35 20 5+22 20 35' 20'
4B none 50% 50%
Non-residentiai1 5,000 nla none 35 20 5"'2' 20 35' 20' 50% 50%
PRM Multi-Family 5,000 875 none 35 20 5+22 5+22 35' 20' 50% 50%
Group living 5,000 See Art. 35 20 5+22 5+22 35' 20'
4B none 50% 50%
Non-residentiai1 5,000 nI. none 35 20 5+22 5+2' 35' 20' 50% 50%
Notes: nfa=notapphcable
lNoo-residential uses must comply with the standards listed in this table unless specified otherwise in 14-4B. Minor Modifications, Variances, Special
Exceptions,andProvisionaIUses. .
2 Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story. Detached Zero lot line Dwellings must comply with the
applicable side selback standards in Article 14-4B. . ;
, ,~~
':l..b
~~.d..\ ~ 0\1
~.~-L\\~\o
3A building must be in-compliaiiCeV;;lh the specified m~jmum building width for alleasl75 percen~bujjding'S length. - .
4 See applicable side setbacks for Attached SF as provided in Article 14-48, Minor Modifications, yariances, Special Exceptions, and Provisional Uses.
5rhe principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lols the principal dwelling'
must be set back al leasl25 feet. On all lots, garages, both attached and detached, must be set back. as specified in Article 144C, Accessoty Uses
and Buildings. .
6 Minimum lot width is 20 feel for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are attached,
lols must be 28 feet wide.
Ttf,the Single Family Density Bonus Options have been applied, the minimum 101 area, lot area per unit, lot width and 101 frontage requirements may be
reduced accordingly (See Section 14.2B-4A, Minimum lot Requirements). .
8Addltional height restrictions may apply on properties adjacenllo Single Family' Zones or Single Family Use's (See Subsection 14-2i4C, Building
BuJkReguJations).
9See the Special Provisions of Ihis Article regarding minimum 101 area per unit ~uirements in the RNS-20 Zone. .
14-28-5 Maximum Occu anc for Household Livin Uses
The residential occupancy of a Household Living Use is limited to one "househoid" per dwelling
unit, as this term is defined in Article 14-9A, General Definitions. ,. .
#
14-28-6 Multi-Famil Site Development Standards
A. Purpose
The Multi-Family Site Development Standards promote safe, attra'ctive, pedestrian-fi-iendly
neighborhoods by preventing expanses of concrete, blank walls and parking iots along
street frontages; controlling the building buik; screening unsightly features; ensuring that
pedestrian entrances are visible and clearly identifiable from the street; and minimizjng
potential confiicts between pedestrians an9 automobiles.
B. Applicability r
1. The standards of this Section appiy to all Multi-Family Uses, Group Living Uses, and
Institutional/Civic Uses located in Residential Zones and in the Central Planning
. District (See Central Planning District Map, below). '
2. Single Family Uses and Two Family Uses located in a Multi-Family Zone must' comply
with the Single Family Site Development Standards specified in Article 14-ZA,. Single
Family Residential Zones. Two Family Uses located in the Central Planning Distr,ict .
must also comply with the provisions of subsection 14-2~-6I, Additional Standcards in
the Central Planning District, which will be administered through the Design Review
. process, as set forth in Article 14-8B, AdminiStrative Approval Procedures. .. '
3. For propertieS located in the RM-12,RNS-20, RM-20, and RM-44 Zones outside the
Central Planning District, the standards in this Section will be administered through
the Site Plan Review Process, as set forth in Title 18. For properties located in'the
Centrai Planning District and the PRM Zone the regulations of this section will be
administered through the Design Review process as set forth in Article 14-8B,
Administrative Approval Procedures. .. -;:
4. For properties located in a Historic or. Conservation District Overlay Zone, the j.
standards of this Section will be administered concurrently with review of the :1,
proposed development by the Historic Preservation. Commission. If the provisions of
the Historic or Conservation District Overlay Zone conflict with the provisions of'this
Section, the provisions of the Historic or Conservation District Overlay Zone will
supercede the provisions of this Section. r. .
~)
'::"\ q "
.;;.;,;-'::.' .:::2'\'c".i:..~');.
;p;: "", .~
~\! .~,.,_., '-:'
'~.': \\ ""
'~.,,".
':!
~
~., <::6-L\: \ '6\.0
-'.-- -~--
, ,
Central Planning District..
"
u'"
"
"
"'''-,
'. '
,
" .
, r':;~-"
~"'- />,f"
",
\ ,
;r/
,
.!~
~<s d."8~ 3n
','
,"j
r
"
~':I
/
/
. - -''''~(
1
ai
>
<(
.1
'.(::
-
e!
u:
r;'"
,
>'/<~- -
.!',. ...0
"
,,<
f-
C. Location and Design Standards for Surface Parking and Detached Garages
1. Location
Surface parking, parking within accessory structures, and loading areas must be
located behind principal building(s) and concealed from view of fronting streets.
Parking and loading areas may not be located directly between a principal building
and the street or within the required side setback area. Any portion of a parking or
loading area that is not completely concealed from view of a fronting street must be
screened to the 52 standard (See Figure 26.4 and 26.5, below).
Rgure 28.4 - Location of surface parking for properties with a single building
,;
S!met
Unacceptable
~,.< ~;~ "~" !:;c"
S!met
Acceptable
"-
"~-- ,-~ ~.,
,.",," 'y;.-, ''/C .j.,
S!met
Street
Acceptable
Acceptable
:i8
~. c:,S' -~\ '6\0
~. ~"\\3n
- -----~._---
figure 28.5 - Location of parking for properties with multiple buildings
,...., /, -,-"-. .,,~ .~ .~.~ > f~ "y" (;..'
.. ~-.." ,-.. ".-",.
"j -'f.'
Street
Street
Acceptable
Acceptable
'.
. g
.'"
Street
Unacceptable
~- -
2. Aisles and Drives
A non-hard surfaced drive or aisle may not be located closer than 3 feet to a lot line,
except at the point of access with a street, alley, or private rear lane. Hard-surfaced
drives must be set back at least 3 feet from any side or rear lot line, except under the
following circumstances:
a. The drives and aisles are pitched or curbed and drained to prevent the flow of
water onto adjoining property; or
b. A drainage course has been established along lot lines to handle storm water
runoff; or.
c. Any specific location along a side or rear lot line where a drive is shared with an
abutting iot; or
d. At the point of access with an alley or private' rear lane.
3. Landscape buffering
a. A buffer area at least 10 feet in width and landscaped to at least the 52
standard must be provided between any parking area and adjacent properties
and between any parking area and street rights-of-way (See Article 14-5F,
Screening and Buffering Standards). The City may exempt from this landscaping
requirement any specific locations along a'side oi' rear lot Ifn'e.where {parking':",.-
area, aisle or drive is shared with an abutting lot.' '.
,
b. A buffer area at least 5 feet in width and landscaped to the 51 standard must be
provided between any parking area containing more than 8 parking spaces and
an adjacent alley.
c. No parking area or drive shall be closer than 10 feet to any portion of a building
other than a garage entrance or loading area apron. This 10-foot area must be
used for walkways and landscaping consisting of at least 50 percent vegetative
coverage. If parking spaces are located where headlights of vehicles shine onto
a wall containing ground level windows, said parking spaces must. be screened
from view of the windows to at least the 52 standard.
D. Building entrances for Multi-Family and Group Living Uses
1. For Residential Uses, buildings must have at least one door on the exterior of the
building that provides pedestrian access to dwelling units within the building. Access
to dwelling units must not be solely through a parking garage. .
-:-,-
{'t
~ . (0..5" - '--\\ "6\.0
~0 3D \ -3 \ 1
_~____ __ __~__ _ _~ ,oJ -- -__~_
2. When a lot contains one principal building, the building must be oriented such that at
least one fa~de faces a public or private street. The street-facing facade must have
at least one main entrance to the building, or may contain separate main entrances
. to ground level dwelling units. If the building is located on a comer lot, only one wall
must meet this requirement.
3. When a lot contains two or more principal buildings, the buildings must be oriented
towards a public street, private street, or interior courtyard. Any building with a
street-facing fa~ade must have at least one main entrance oriented toward the street.
Buildings located interior to a lot must have main entrances that are clearly visible
from interior private streets/drives or surface parking areas.
4. Main entrances to a building, including main entrances to ground level individual
dwelling units must be clearly demarcated by a one of the following.means (See
Figure 2B.6, below):
a. Covered porch or canopy;
b. Transom and sidelight windows;
c. Pilasters and pediment;
d. . Other significant architectural treatment that emphasizes main entrances.
Simple trim around the doorway does not meet this standard.
Figure 28.6 - Main Entrances
a. canopy
a.Porch
b. Transom &
sidellghtwlndows
c. Pilasters &
pediment
5. Patio-style doors, such as sliding glass doors, may not be used for main entrance
doors.
6. To provide for the safety of residents, access to entrance doors of any individual
dwellings units located above the ground level must be provided from an enclosed
lobby or corridor and stairwell. Unenclosed or partially enclosed exterior stairwells
may not be used as the primary means of access to upper level units. This provision
does not preclude the use of fire escapes. .
7. A pedestrian circulation system must be provided that connects residential entrances
to adjacent public rights-of-way, and to parking areas and other on-site facilities.
E. Building scale
1. In the RM-12, RM-20, RNS-20, RM-44, and PRM Zones outside the Central
Planning District
Street-facing walls that are greater than 50 feet in length must be articulated with
bays, projections, or recesses (See Figure 2B.7, below) according to .the following
standards:
a. Bays and projections must be at least 6 feet in width and at least 16 inches, but
not more than 6 feet in depth. Recesses must be at least 6 feet in width and
have a depth of at least 16 inches. .
b. The bays, projections, and recesses must have corresponding changes in the
rooftine or, alternatively, must be distinguished by a cOlTesponding change in
some other architectural element(s) of the building, such as a change in exterior
wall materials, a change in window pattern, the addition of balconies, variation
in the building and/or parapet height; or variation in architectural details, such
as decorative banding, reveals, stone or tile accents.
so
~ . ~s - LI.; \ l{ \0
---, "
Rgure 2B.7 - Building Articulation
888888888
8888 BBB
BSB
8B8
DB BBB
BB8
Unacceptable
Acceptable
Acceptable
Acceptable
I,
2. In the Central Planning District
The width of the front facade of new buildings must be no more than 40 feet.
Buildings may exceed this limitation if the street-facing plane of the building is broken
into horizontal modules that give the appearance of smaller, individual buildings (See
Figure 2B.8, below) Each module must meet the following standards:
a. Each module must be no greater than 30 feet and no less than 10 feet in width
and must be distinguished from adjacent modules by a variation in the wall
plane of at least 16 inches in depth. For buildings that are 3 or more stories in
height, the width of the module may be Increased to 40 feet.
~. Each module must have a corresponding change in the rooftine.
c. Each module must be distinguished from the adjacent module by at least one of .
the following means:'
(1) Variation in material colors, types or ~extures;
(2) Variation ili the building and/or parapet height;
(3) Variation in the architectural details such as decorative banding, reveals,
stone, or tile accents;
(4) Variation in window pattern.
(5) Variation in the use of balconies and recesses.
I' I
-~Module--
IE.rl
r- XIS Ing-j
LModUle'~ ~'ModuleJ
~-New MF Building I
~-Module--j
!-EXiSting.-!
F. Balconies and exterior stairways, corridors and lifts
Balconies and exterior stairwells, exterior corridors and exterior lifts must comply with the
.' following standards: .
I ... ~ ""_, ~ <-'\.
1.. Exterior stairwells, exterior corridors, and exterior lifts are prohibited in the PRM
Zone. In other zones, exterior stairwells, lifts and corridors must be covered with a
roof similar in design and materials to the roof over the rest of the structure. Said
roof should be incorporated into the overall roof plan of the structure. Alternatively,
such features may be recessed into the fa~ade of the building. Exterior corridors may
not be located on a street-facing wall of the building or within 20 feet of a street-
facing wall.
~3\ <>\ ~ II
c
r
.[
~~....;
"
SI
~_"'.s-':"'u.,\ "6\0.
~. 3d.<\ 3\\
2. Balconies, exterior stairwells, lifts and corridors may not be located on any side of a
building that is adjacent to a property that is zoned Single Family Residential or that
contains an existing Single Family Use. Buildings that are set back at least 40 feet
from any such property are exempt from this standard.
3. The design of any balcony, exterior stairwell, lift or corridor must utilize columns,
piers, supports, walls, and railings that are designed and constructed of materials
that are similar or complementary to the design and materials used for the rest of the
building.
Rgure 2B.9 - Balconies, exterior corrido~
LJ
~
~
LJ~
Unacceptable
Acceptable
Acceptable
G. Building materials
1. In the Central Planning District, the exterior wall material of a building must consist
of clapboard-style siding, wall shingles, brick, stone, or stucco.
2. In the PRM Zone, the exterior walls of the ground level floor of a building must be
constructed with a masonry finish, such as fired brick, stone, or similar material, not
including concrete blocks and undressed poured concrete. Masonry may include
stucco or like material when used in combination with other masonry finish.
3. In the Central Planning District and in the PRM Zone, buildings not constructed of
masonry or stucco, must have the following trim eiements incorporated into the
exterior design and construction of the building.
a. Window and door trim that is not less than 3 inches wide.
b. Corner boards that are not less than 3 inches wide, unless wood clapboards are
used and mitered at the corners.
c. Frieze boards, not less than 5 inches wide, loCated below the eaves.
Rgure 2B.10 - Building Materials
I
,
Masonry
base
Frieze board-../'
Comer board
.
Window trim
4.
Any portion of a building that is clearly visible from the street must be constructed
using similar materials and design as the front fa91d~.
,
'.
--~_._~~-----~~
-- V' ,.- - ---~___,~~_.___---,.-....
3.:t..
~. 53\~q
~ . () S- -l....\ \ 'is" \.0
5.
Exterior walls of buildings that are not predominantly masonry or stucco, must have a
durable base consisting of masonry, stucco, or dressed concrete that extends at least
2-feet in height above grade. If the base consists of concrete, it must have a
decorative face.
Exposed, unpainted or unstained lumber may not be used along any fa",de that
faces a street-side lot line.
Where an exterior wall material changes along the horizontal plane of a building, the
change must occur on an inside corner of the building.
For buildings where the exterior wall material used on the side of a building is a
different material than what is used on the street-facing wall, the street-facing wall
material must wrap around the corners to the sides of the building for at least 3 feet.
Where an exterior wall material changes along the vertical plane of the building, the
materials must be separated by a horizontal band, such as a belt course, soldier
course, band board or other trim to provide a transition from one material to the
other.
6.
7.
8.
9.
'Rgure ~8.11 - Changes in exterior wall materials
""',,,_. f
,,'" \ ~~~::. /:>}Ij
-'<',' '::,>'
-','-.,
"-',,-<:---
":',--:>',', "
--
/
\
'v'#'
Acceptable
Acceptable
. Unacceptable
H. Mechanical Equipment/Utility Meters
In no case shall mechanical equipment or utility meters be located along the street side of
a building. Mechanical structures must be set back and screened according to the
applicable provisions set forth in Article 14-4C, Accessory Uses and .Buildings.
I. Additional Standards in the Central Planning District
1. Front Setbacks
Th~ front setback for new buildings must. not deviate more than 5 feet from the
average setback of existing principal buildings along the same frontage. A new
building may not be located closer to the street than the existing principal building
that is closest to the street along the same frontage. This setback standard
supercedes the setback standards of the base zone.
2. Windows and Fenestration
. Individual window units that are visible from a public or private street and that are
located in primary living spaces, such as living rooms, dining areas, and bedrooms,
must have a height that is at least 1.5 times greater than the width of the window
unit. Individual window units may be located side-by-side in a wider window
opening. Bathroom, kitchen, skylights, and decorative windows, such 'as stained-glass
and ocular windows, are not required to l]1eet this standard.
Rgure 28.12 - Windows
'-width--!
I
~
~
x
:l
EE
\..
35
~. t:-,S-L\\~\o
~.5' 34 <\ ~\,
3. Architectural style
The purpose of requiring an architectural style is to ensure that the mass, roof form,
window style and configuration, and the basic architectural details of a bUilding are
generally compatible with the historic character of the Central Planning District. From
the street, new buildings should appear similar to'a large house or a small historic
apartment building.
'a. The following architectural elements must be consistent with a historic.
architectural style typical of residential buildings in the Central P1anning'District, .
(1) Form and mass of the building;
(2) Roof configuration and pitch;
(3) Window style and pattern;
(4) Window and door trim, eave boards, frieze boards, and other trim;
(5) Porch and entrance features;
(6) Building details and ornamentation.
b. Detailed information regarding historic residential building styles is available in
. the Iowa City Historic Preservation Handbook. The Design Review Committee
and the Historic Preservation Commission will use this information as a means to
evaluate new buildings in the Central Planning District.
c. Alternative designs that have been prepared by a licensed architect may be
acceptable and will be reviewed on a case-by-case basis.
J. Minor Modifications
A minor modification to adjust or waive specific provisions of this Section may be
requested in either of the qualifying situations listed in the paragraphs.below. Such
requests will be reviewed jointly by the Design Review Committee, the Director of Planning
and Community Development, and the Building'Officlal according to the procedures for
Minor Modifications as set forth in Article 14-8B and must meet the following approval
criteria. The following approval criteria are to be applied in lieu of the general approval
aiteria listed in Section 14-4B-l, Minor Modifications.
1. Qualifying Situation: The configuration of the lot or other existing physical condition
of the lot makes the application of a specific standard impr~ctical. In such a case, the
applicant must demonstrate that the following approval criteria are met:
a. The applicant must provide evidence that the configuration of the lot, the
topography, or other physical characteristic of the property makes the
. application of a specific standard of this section impractical, Examples of
situations that may qualify include double-fronting lots, triangular shapecllOts,
and steeply sloping lots.
b. The applicant must demonstrate that the proposed alternative design is not
contrary to the intent of the MUlti-Family Site Development Standards.
c. The applicant must propose an alternative site or building design that best
meets the intent of the specific standard being modified or waived.
d. The requested modification will not be detrimental to the public health, safety,
or welfare or be injurious to other property or improvements in the vicinity and
in the zone in which the property is located.
e. The requested modification does not allow.a use or activity not otherwise
expressly authorized by the regulations governing the subject property.
f. The requested modification complies with other applicable statutes, ordinanOBS,
laws and regulations.
2. Qualifying Situation: The proposed site or building is uniquely designed to fit the site
and the surrounding neighborhood. In such a situation, the applicant must
demonstrate that the following approval criteria are met:
a. The applicant proposes an alternative design solution that equally or better
meets the intent of the specific standard being modified o~ waived.
b. The proposed site and building design is uniquely d.esigned to fit the
characteristics of the site and the surrounding neighborhl?od such that it equally
or better meets the purpose.of the Multi-Family Site Development Standards.
3,+
~ as- - '--\ \ '"6~
~. 3S-~ 3\l
c. The requested modification will not be detrimental to the pU-blic health, safety,
or welfare or be injurious to other property or improvements in the viCinity and
in the zone in which the property is located. '
d. The requested modification does not allow a use or activity not othelWise
expressly authorized by the regulations governing the subject property.
e. The requested modification 'complies with other applicable statutes,ordinances,
laws and regulations.
14-2B-7 PRM Zone Bonus Provisions
A.
Pu~ '.
The PRM Zone Bonus Provisions provide an incentive for developments to incorporate
features that provide a public benefit and also encourage excellence in architectural
design.
-
B. Application
The bonus provisions will be administered through the Design Review Process as s~ forth
in Article 14-88, Administrative Approval Procedures. Bonuses include allowance of.
dwelling units in excess of the density otherwise achievable under the provisions of the
base zone, additional building bulk, and/or reductions of the required setback area. \
Bonuses are based on a point system. Points may be awaraed for public benefit features
that the Design Review Committee determines are appropriate in design and location,
Bonuses will not be granted for site development features or standards already required by
this Title. Decisions of the Committee may be appealed to the Board of Adjustment. The
number of points allowed for public benefit features and the number of points required.per
bonus item are set forth below:
1. Public Benefit Features
a. Materials
Masonry finish on all non-fenestrated areas of walls visible from a public street.
For purposes of this provision, "masonry" is defined as fired brick, stone or :
similar such materials, not including concrete blocks and undressed poured .
concrete. Masonry may include stucco or like material when used in
combination with other masonry finish.
Points allowed: 5
b. Open space
The provision of usable open space of a size and at a grade that, at'a minimum,
allows passive recreational uses and is accessible to all residential occupants'of
the building. Such space may include yards, other than required setback areas,
terraces and rooftop gardens designed and approved for outdoor activities. '
Balconies serving individual dwelling units are not eligible for this bonus.
Points allowed: 1 per 250 square feet
c. Historic buildings
Rehabilitation of a historically significant building as determined by the survey of
the historic and architectural resources for the vicinity. '
Points allowed: 7
d. Assisted housing
Dwelling units committed to the City's assisted housing program or some other
affordable housing program approved by the City, provided such unitS do not
. exceed thirty percent (30%) of the total units contained within a building.
Points allowed: 3 per unit I
e. Streetscape amenities
The provision of funds for all street furniture, lighting and landscaping ,I
improvements along adjacent street rights-of-way in accordance with an ~
approved City Streetscape Plan.
Points allowed: 5
f. Landscaping
The provision of additional landscaped areas that are visible from a public
street. Required setback areas and required landscape buffers do not qualify for
bonus points. '
Points allowed: 1 per 250 square feet I '.:
,
.J
J
"
:ls-
~ _ as -'-\ \ ~\o
.~------
- --g.--Windows .\0
Installing individual window units that have a height that is at least 1.5 times
greater than the width of the window unit in all primary living spaces, such as
living rooms, dining rooms and bedrooms. Individual window units may be
located side-by-side in a wider window opening. Skylights, windows in' .1
bathrooms and kitchens, and decorative windows, such as stained-glass and
ocular windows, are not required to meet this standard for the building to '
qualify for bonus points.
Points allowed: 3
2. Bonus Menu
a. Setback reduction
. The front setback may be reduced by a maximum of 50 percent. When
_ determining the appropriateness of such a reduction, the character of adjacent
/,., development and setbacks wilrbe considered. .
\ Points required: .7
b. Height increase 'I .
The maximum allowed building height may be increased from 35 feet up to a
maximum of 65 feet, provided the portion of building exceeding 35 feet is i
stepped back a minimum of 5 feet for each story located above 35 feet to. I
reduce the appearance of the bulk of the building.
Points. required: 7
C. .. ' Density bonus
I .
--1
i
(1) For efficiency apartments, the minimum lot area per unit may be reduced
to five hundred (500) square feet.
Points required: 7
,
(2) For one bedroom apartments, the minimum lot area per unit may be
reduced to seven hundred (700) square feet. ,
Pomtsreqwred:7 \
(3) .For efficiency apartments, the minimum lot area per unit may be reduced
to four hundred twenty (420) square feet. :
Points required: 12 .
(4) For one bedroom apartments, the minimum lot area per unit may be
reduced to four hundred fifty (450) square feet.
Points required: 12
d., Building coverage increase I .\
The maximum building. coverage may be increased to sixty five percent (65%).
Points required: 7 .
14-28-8 5 ecial Provisions
, .
A. HIstoric Preservation Exceptions
1. The Board of Adjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this Article or in Chapter 14-5 or
any approval criteria listed in ArtiCle 14-48 of this Title that would prevent use or
occupancy of a property designated as an Iowa City Landmark or registered on the
National Register of Historic Places. In addition to the general special, exception
approval criteria set forth in Article 14-4B, the following approval criteria must be
met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
2. The Board of Adjustment may grant a special exception to allow a property
designated as an Iowa City Landmark or registered on the National Register of
Historic Places to be adapted and re-used as a Community Service Use, Specialized
Educational Facility, or Hospitality-Oriented Retail Use. In addition to the general
special exception approval criteria listed in Article 14-48, the applicant must also:
meet the following criteria in order for the Board to grant this exception: i
~. 2,(., ~ 3\\
I'
,
\
3~
~. ~s-L\' '6\0
- . --.,.
. - _~n -- --a.--The exception will help preserve the historic, aesthetic, or cultural attributes of-
the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission..
B. 5Pedal Provisions in the Neighborhood Stabilization Residential Zone
1. At the time a property is rezonedlo Neighborhood Stabilization Residential (RNS-20),
any uses that were conforming with regard to use and minimum lot area per unit
requirements under the previous zoning designation shall be considered conforming
with regard to use and minimum lot area per unit requirements under the
Neighborhood Stabilization Residential Zone. Any building containing a conforming
use may be torn down and rebuilt to its present density or to the allowed density in
the Neighborhood Stabilization ReSidential Zone, provided that it conforms to all
other provisions of this Title.
~d 3'1 \ 3\1
2. ~. 1;h<; spe~i~1 provision described in paragraph 1., above, does not exempt a property
"" 1 m from compliance with other relevant.dimensional standards, site development '. " l~'
standards, use regulations, or any subsequent amendments to this Title that pertain
to the property. ~
~H; il .1 'j
"'" .:
, "
I l" "'c~.c ) " .
Article C. . 'Commercial Zones
';; ....
"
.'. .,. ,
14-2C-1 Establishment and Intent of Commercial Zones
The full nam€s~sh6rt'names, and map symbols of the established Commercial Zones are listed"
below. Vlih'erithis Title refers to the Commercial Zones, it is referring to the zones listed below.
; . 'Ill ~t . . '[
A. Mix~U~ ~ne(MU) . ,
The purpose of the Mixed Use Zone (MU) is to provide a transition from commercial and
employment centers to less intensive residential zones. The MU Zone permits a mix of
uses, including lower scale retail and office uses, and a variety of residential uses. This mix
of uses requires special consideration of building and site design. .
.:. :(;>- 1- '}
B. Commercial Qffice Zone (CO-1)
The purp'o;;e pf the Commercial Office Zone (CO-i) is to pro~ide specific areas where
office' functions, compatible businesses, apartments and certain public and semipublic uses
may be developed in accordance with the Comprehensive Plan. The co'i Zone can serve
as a buffer between residential and more intensive commercial or induStrial areas.
"-,
C. Neighborhood Commercial Zone (CN-l) '.""
The purpose 9f the Neighborhood Commercial Zone (CN-i) is ~opromote a unified
grouping .qf small-scale retail sales and personal selYice uses in a neighborhoqd shopping
ar~;: en<;our?ge neighborhood shopping areas that are conv,enientiy located and that
primarilYjse~e nearby residential neighborho.ods; promot.e pedestrian-oriented
developmentcat an intensity level that is .compatible with s[!rrounding residential areas;
and promote principies of site design, building articulatlon,.scale and proportion that are
typical of traditional main street design. Allowed uses are restricted in size to promote
smaller, neighborhood-serving businesses and to limit adverse impacts on nearby ,
, t' ~ c \. . .. ,~ , ,
residential areas. CN-i Zones are generally located with direct access to "an arterial street.
, ..!: ..:,,/ I r
D. Highway Commercial Zone (CH-l)
The purpose of the Highway Commercial Zone (CH-i) is to permi~ development of service
usesj(ela.ti~glto \!xpressways or alonQ arterial roadways; ~tcertain access points, food,
10911i~1l,.,mo~r I~:hicle se[Vice and fuel can be made c,qnyeniently available to the
thoroughfare.user. . " . '. . I .:
" . iI".. .
31
~. ~s- - <-\. \ "61.0
~.3~\ "6\l
E. Intensive Commercial Zone (CI-l) I
The purpose of the Intensive Commercial Zone (0-1) is to provide areas for those sales
and service fun~ons and businesses whose operatiqns'9re typically characterized by
outdoorldisplaYfand storage of merchandise, by rep~ir~nd sales of large equipment or
motor vehicles, by outdoor commercial amusemen\/a,nd recreati9~al activities or by
activities or operations conducted in buildings or structures not completely enclosed. The
types of retail trade in this zone are limited in order to provide opportunities for more land-
intensive commercial operations and also to pre~ent conflicts between retail and industrial
truck tiMmc, 'Special attention must be directed tbivard buffering the negative aspects of
'allo\Ved!uses ffum adjacent residential zones.j
F. Community Commercial Zone (CC-2) \1
The purpose of the Community Commercial Zone (CC-2) is to provide for major business
di~ri~ to .seiye a. significant segment of t~e total community population. In addition to a
variety .of retail goods and services, these centers may typically feature a number of large
traffiq g~n"erat9rs requiring access from rp'ajor thoroughfares. While these centers are . 1
usually charaq;erized by indoor operatio,ris, uses may have limited outdooractivities,
provid.ed,th!lttqutdoor operations are screened or buffered to remain compatible with
surro4ndj~g Uses,-
,
('
G. Central Business Service Zone (CB-2)
The Central Business Service Zone ((:B-2) is intended to allow for the orderly expansion of
the Central Business District of Iowa City, to serve as a transition between the intense land
uses located in the Central BusineSs District and adjoining areas,'.to:enhance the
pedestria~, orientatiqno~ the cen{t"al area. of the city, and to provide suita.ble, peripheral
- l~t[9..QS, for-,ilut()-oriented cOffi!1!~rcial.andser,vjq~uses. :rJ1is.zon~:is:jntE!(lded 1;0,'<
accommodate mixed land uses ,butat a !owerintensity t~an permitted in the other Central
Business Zones, l . _ '.,' ;'
H. Central Business Support Zone (CB-5) I .1
The ,purpose oHhe Central.Business Support Zone (CB-5) is to allow for the orderly
expansion:of the Central BySiness District in accordance with the Comprehensive Plan; to
serve asa transition betw~n the intense land uses located in the Central Business District
and adjoining areas; and !O enhance the pedestrian orientation of the central area of the
city, This zone is intended to accommodate mixed land uses, but at a lower intensity than
permitted in the CB-10 District, T~e mixture of land uses permitted in this zone requires
special consideration of'building and site design. To control traffic and provide for the
most, efficient use of larid and parking facilities, special consideration of the amount and
location of parking areils is also required, To encourage developments that contain
features providing a p~blic benefit, a bonus in floor area ratio or dwelling unit density may
be gr~rt~. i
Central Business.Zone (CB-I0)
The purpose of the Central Business Zone (CB-lO) is to be the high density, compact,
pedestrian-oriente6 shopping, office, service and entertainment area in Iowa City,
oeveiopment imd'redeveiopment in this zone should occur in compact groupings, in order
to intensify the density of usable commercial spaces, while increasing the availability of
open spaces, plazas or pedestrianways, This zone is intended to accommodate a wide
range of retail, ~rvice, office and residential uses, Auto-oriented uses are not permitted,
except as specifically provided. Consolidated off-Street loading and service facilities should
be provided w~erever practical with access provided from public service alleys or courts. It
is intended that off-street parking facilities be publicly provided and off-street accessory
P?rking be al\Owed only as a special exception. Because of the proximity to the University
of Iowa, residential development above the ground floor in this zone is ,encouraged as a
provisional use.
1 ", i "f, t
. ....1; /. :; j . Ii '.; " ~
..... ","..."
./ -:::~:~1:. ~ 1
I.
14-2C-2 Land Uses Allowed
A. Detenninlngithe Principal Uses Allowed , i
1.': i, Ta~le 2C;lindicates whether a principal land' use is permitt~d (P), alio~ed with,
, ,;'psovisicris (PR), or allowed by special exception (S) in a particular rom'mercial zone, A
''',n\(mbe;'in brackets, such as [1], indiCates that a special provision applies. See Table
...N.9.tes (Or more information. ' ; .
3~
~. ~~-'-\\'\{\o ~~.~~\ 0\1
2. Specific land uses are grouped into the categories and subgroups listed in the table.
I'." .for, example, a ftorist shop is classified as a Sales-oriented Retail use. TO',find out
how a specific land use is categorized see Article 14-4A, Land Use Classification.
3. ProvisioQal uses are allowed, subject to the, additional requirem~nts contained in
Article 14-46, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses,
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
~ard' of Adjustment. The generai' approval criteria for special exceptions are stated
Yii'Artlcie 14-46 along with specific approvai criteria for most'special exception uses.
.1.-: ....J
B. AccesSory. Uses Allowed "
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
6uilqiggs, ,
1:_, Table 2C-1 - Princi al Uses Allowed, In Commercial Zones
. USE CATEGORIES SUBGROUPS co.1 eN-1 CH.1 CI.1
Residential Uses
CC.2 Ca.2 CB.5 CB.10 MU
Household living Uses Detached Sin Ie Famil Dwellin s P
Detached Zero Lolline Dwellinos PR
Attached Sin Ie Famil Dwellin 5 PR
Duolexes PR
G"," Households PR PR PR PR PR PR PR
Multi-famil Dwellin 5 PR PR S PR PR PRlS P
Group Living Uses "G: Assisted Group Living PR " S PR,
Indeoendent Graue Livina
Fraternal Grou Livin
Commercial Uses
"
Adult Business Uses ." /. PR
Animal-related General , S PR PR PR PR PR
Commercial Uses ' Intensive ~":)- . -,,',.. PR
Commercial Recr7.~ti,on~l. Outdoor P P S
Uses , . .' Jndoor' . " ");- ','1 : PRlS PR P P P P P P
Commercial Pal1tin ,Uses. -,o-k..'- " PR PR .PR
Eating and Drin~ilJg ,- S PRlS P P P P P S
Establishments' ,1';1,".; :!,".'- . l
Quick Vehicle Servicing S PR PR PR PR PRlS
Uses
Office Uses General Office P PR P P P P P P P
MedicallDental Office P PR. P P P P P P
Retail Uses Sales-oriented PR PR PR P P P P PR
Personal Service-oriented P PR P P P P PR
Re air-oriented P P P P P
Hos itali .Oriented Retail PR PR P P P P P PR
Outdoor Storage and Display- P PR
oriented
Surface Passenger P P P P P
Service Uses
Vehicle Re air Uses PR PR S PR
Table 2C-1 - Princi al Uses Allowed in Commercial Zones
USE CATEGORIES SUBGROUPS CO., CN-1 CH.1 CI.1 CC.2 CB.2 CB-5 CB.10 MU
Industrial Uses
Industrial Service Uses P
Manufacturing and Technical/U ht Manufacturin PR PR PR PR PR
Production Uses General Manufacturina PR PR PR PR PR
Heav Manufacturin S
Salva e 0 erations
Self-Service S.torage P
Uses
Warehouse and Freight P
Movement Uses
Waste-Related Uses
Wholesale Sales Uses P PR PR PR PR
Institutional And CIVIC Uses
BasicUtilit Uses PRlS PRlS PRlS PRlS PRlS PRlS PRlS PRlS
Community Service General Communi Service P S S P P P .p S
Uses Communitv Service - Shelter S S S PR PR S S
D. reUses PR PR PR PR PR PR PR PR PR
Detention Facilities S
Educational Facilities General PR P P P PR
S ecialized P PR P P P P PR
Hos itals PR
Parks and Open Space PR PR PR PR PR PR PR
Uses
ReligiousJPrivate Group PR P P P P PR
Assemblv Uses
Other Uses
Communication
Transmission Facility
Uses
PR
P = Pennitted PR = Provisional S = Special Exception
'51
~. DS-I.....\\"6\o
~~. 4Cl ~ ~\l
--.--- --.~-
---~ ~--~
14-2C-3 General Provisions
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title, and, if applicable, the Overlay Zone
provisions contained in Chapter 14-3. Said Chapters are indicated as follows:
. A. Overlay Zones
1. Planned Development Overlay
See Articie 14- 3A.
2. Historic District and Conservation District Overlay
See Articie 14- 3B.
3. Design Review
See'Article 14-3C.
.,,1f' 1
B. Use Regulations
,,1. '. Minor MOdifications, Variances, Special Exceptions and Provisional Uses
, . See Article, 14-4B.
-". - - . -,' -~- +-
2.' Accessory Uses and Buildings
. See Articie 14-4C.
3. Temporary Uses
See Article 14-40.
4. Nonconforming Situations
See Article 14-4E.
, ., .
~
'\
.'
. .
"
."
c. Site Development Standards
1. Off-Street Parking and Loading Standards'
See Article 14-5A. ...
2. Sign Regulations. .c"" .
.'.' See Articie 14-5B. , " ,
, 3. . Access 'Management Stand~~s
See Article 14-5C. ~y
4. InterseCtion Visibility Standards
See Article 14-50,
5. Landscaping and Tree Standards
See Article 14-5E.
6. Screening ,and Buffering Standards
See Articie 14-5F.
7. Outdoor Lighting Standards
See Articie'14-5G,
B. Performance Standards
See Article 14-5H.
9. Sensitive Lands and Features
See Articie 14-51.
10. Flood Plain Management Standards
See Article 14-5J,
11. Neighborhood Open Space Requirements
see Artlcie 14-5K:
,.-.
""~..~ '
,-;- L'
14-2C-4 Dimensional Re uirements
Sf;., '...: n.""
The dimensional requirements forJhe Commercial Zones are stated in Tables 2C-2(a) and 2C-
2(b), located at the end of this Section. The following subsections describe in more detail the
. regulation~ each-of the dimensional requirements listed in the table. Provisional Uses and
-' uses allowed by Special Exception ma\"ha~especific dimensional requirements not specified in
Tables 2C~2(a) and 2C-2(11). Approvai,criteria for these uses are addressed in Articie 14-4B.
Dimensional requirements may be ,waived or modified for developments approved through the
Plannect"Development process (See Article 14-3A, Pianned Development OVerlay) or through the
Historic Prese,,:~~i~~. Exception as outlined in the Special Provisions Section at the end of this
Article, . ".,. ,,',
~o
~\ . c:"s- - '-\ \ '8' \0
______~~. _ 4:\ \. 3 \1
- A.~nimumL;t-Requirements--'
"
1. Purpose ' ; . "
The minimum lot area and width requirements are intended to ensure that a lot is of
, a size, width, and frontage that is appropriate for the uses permitted in the subject
'zone.an,c(will ensure,in most cases, that the other site development standards of this
Title can be met. The lot area per dwelling unit standards control the intensity of use
on a lot to ensure consistency and compatibility of new, dwellings with the
surrounding development.
2. Standards
Generally, the minimum lot area and width standards for the various Commercial
Zones are stated in Tables 2C-2(a) and 2C-2(b), located at the end of this Section,
Most commercial zones do not have minimum lot size or width requirements.
However, for mixed commercial/residential buildings, the number of dwelling units
allowed is based on the size of the lot. In the CO:l and CC-2 zones, the maximum
residential density in mixed-use buildings is similar to the residential density of multi-
family buildings in the RM-12 zone. In the CN-l and MU Zones, the maximum .
residential density is similar to the residential density of multi-family buildings in the
RM-20 Zone. In the C6-2 Zone the maximum residential density is similar to the
residential density of multi-family buildings in the PRM Zone, but is also limited by the
maximum FAR, The maximum residential density in the C6-5 and C6-1O zone is
limited only by the maximum FAR.
3. Minimum Lot Sizes for Specific Land Uses.
,
a. . Provisional Uses and uses allowed by Special Exception may have specific lot
size requirements not specified in Tables 2C-2(a)'and2C-2(b). Approval criteria
for these uses are addressed in Article 14-46, Minor Modifications, Variances,
Special Exceptions, and Provisionai Uses.
b. If a minimum lot size is specified within a zone for a particular land use or
dwelling type, whether Permitted, Provisional or a Special Exception, that use or
dwelling type may not be established on a smaller lot, even if smaller lots are
permitted in the subject base zone, except as permitted under Article 14-4E,
Nonconforming Situations,
B.' Minimum Setback Requirements for Principal Buildings
1. Purpose .
The minimum setback requirements are intended to:
a. Maintain light, air, separation for fire protection, and access for fire fighting;
b. Provide opportunities for privacy between dwellings;
c. Reflect the general building scale and placement of structures in the City's
neighborhoods and commercial areas;
d. Promote a reasonable physical relationship between buildings and between
residences; and
e. Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in commercial zones
are stated in Tables 2C-2(a) and 2C-2(b), below. The minim.um setbacks for principal
buildings create required setback areas within which principal buildings are not
allowed, except for certain building features as specified in this subsection,
3. Specific Setback Requirements
The following subparagraphs contain setback requirements that apply in specific
situations.
a. Side and Rear Setbacks
In all Commercial Zones, if a side or rear setback is provided where not
required, the side or rear setback must be at least 5 feet. Additional setbacks
may apply if the property is in proximity to a Residential Zone. See
subparagraph d, below.:... .. ,_ .. _ _ ~
-
'tl
-
.~. ~d-\6q
~ . Cly -LU 'ill.o
b. Lots with Multiple Frontages
~
,-
(1) On corner lots, no building, structure or planting, unless specifically
exempted, may be located within the Vision Triangle, as set forth in Article
14-50, In~ersection Visibility Standards. .
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required front setback must be provided .
along all streets and such setback will be considered a front setback for
purposes of this Title.
c. Lots with Multiple Buildings
The principal buildings on a lot must be separated by a horizontal distance of at
least 10 f~t. Buildings containing residentiai uses must be designed to
preserve privacy. This can be achieved by placement of windows to prevent
direct views into the windows of adjacent residential dwelling units. In addition,
balconies and air conditioning units may not be located along a building wall
that is within 20 feet of a building wall of an adjacent principal building o~ the
same lot, if the wall of the adjacent building contains window or door openings
into dwelling units. Proximity of building walls will be subject to all current.
Building Code fire protection requirements.
d. Lciis.Adjacent to a Residential Zone
Where a side or rear lot line for a lot in a Commercial Zone abuts a ReSidential
Zone, a setback at least equal to the required setback in the abutting Residential
Zone must be provided along the Residential Zone boundary.
e. Overlay Zones and Special Districts
If specific setbacks have been established in a Historic or Conservation District,
a Planned Development, or in the Central Planning District, those setbacks
supercede the setback requirements of the base zone. 'For properties located in
a Historic or Conservation District refer to Article 14- 3B and also the applicable
- '-,c. setback provisions in the Iowa 'City Historic Preservation Handbook. For a .
prop~rty.located in a Planned Development Overlay Zone refer to the approved
Planned Deveiopment Overlay Plan for the subject property. For Two family
Uses, Multi-Family Uses, Group Living Uses, and Institutional/Civic Uses located
on property in the Central Planning District,. refer to the applicable'setba!=i<
provisions in Section 14'2B-6, Multi-Family SifeDevelClpment Standards. ''''
"-
f. Setback Averaging
Where at least 50 percent of the lots along a frontage are occupi~'by principal_
buildings that are located at least 5 feet closer to the street than the required . ~
front setback, the front setback may be reduced to the average of the
respective setbacks on the abutting lots. Only the setbacks on the lots that abut
each side of the subject property along the same street may be used to
calculate the average. Setbacks across the street or along a different street
frontage may not be used. When one abutting lot is vacant or if the lot is a
corner lot, then the average Is based on the setback of the principal building on
the non-vacant lot and the required front setback for the zone in which the lot is
located (See Figure 2Cl).
"
~~
---
~. OS-Y: t'iS"-o
~ L{0 ~ 0 n
Figure 2Cl - Setback Averaging
i--i---i--l
I A 1 B I C 1
i r~*i I
I 171!t"""'" I 1
"LctB
i--i---i-~l
I D I(~ct I F I
1 I""ctsti,;;:;:" 1 I
1 r".:': I Vaat I
1 112,""""'" I 1
fa"ldE ,
J
1a~ 1SfbPre:l
Hat"""'"
LL_
1c7SeCb:d<
15'Rq.ira:l
Hat"""'"
I--T--i
G H
I . I (Average 01 I
I IExisting SetbaCkj
01 Lot G and
I required Setbac~
lor Lot H) I
1 112112' Setback I
for~otE
t-
W
W
"
Iii
,"
"
'.~-
'. STREET
,
15' Required
Front Setback
'. - 10' Setback
'. ~.
.'...., ",-.1 I I' ,.,
" .
4. Building Features Permitted'Wii:hin the Required Setback Area
The following building features may exrenp into the required principal building
setback area, subject to the conditions indianed,a,nd provided that location of such a
feature does not violate the provisions of Article l<t'E.R,)ntersection Visibility
Standards. The setback regulations for detached acceSSOI)(~ructures and structures
not considered part of the principal building are addressed in Article 14-4C, Accessory
Uses and Buildings. ~-,
a. Awnings, uncovered balconies, bay windows, belt courses, bu~;~canoPies,
chimneys, cornices, sills, and other similar features that extend beyonCl the wall .
of a principal building may project up to 6 feet ihto the required front or rear
setbacks. Except for balconies, bay windows, and chimneys, all such projecting
building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at least 2 feet from any side lot
line.
~
Be - nositjO-eae',r.~ 'tti8 swot COC~ .8S 19dm90aO ,YAOa3t.1QaW
~ . ~'p*----~ ~ ~P-~l~"'q-:1'~"<'I'-r - rr.l~ .-
.,-....-..-.--................~ _pq_-r_-_c:-~.~
~J
~. oS"'-'-\., '8'~
\?0' 4_:~ 0 (1
b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone. The standards for uncovered decks and patios are specified in Article 14-
4C, Accessory Uses and Buildings. Covered porches, covered decks, ,and
covered patios that are attached to an accessory building must comply with the
standards for accessory buildings as specified in Article 14-4C, Accessory Uses
and Buildings. .
c. Fire escapes may extend into any setback, provided they do not extend more
than 3-1/2 feet into any side setback.
d. Stairways that function as the principal means of access to dwelling units
located above the ground or first fioor of a building may not extend into any'
required setback. .
e. Stoops and wheelchair ramps that function as a means of acceSs to the ground
or first fioor of a dwelling unit may extend into the rear setback; up to 8 feet
into the required front setback, and into the side setback, provided they are
setback at least 3 feet from any side lot line. In cases' where due to topography
or other site characteriStics, a wheelchair ramp cannot meet this standard, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
5. Adjustments to PrinciPal Building Setback Requirements
a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor
Modifications contained in Article 14-4B.
b. A Special Exception may be requested to reduce principal building setback
requirements beyond what is allowed by Minor Modification. The Board of
Adjustment may adjust setback requirements if the owner or lawful occupant of
a property demonstrates that the general special exception approval criteria and
the following specific approval criteria have been satisfied: .
(1) The situation is peculiar to the property in question;
(2) There is practical difficulty in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and ';\\ :, It; ;
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical. : L"_
(5) The subject building will be located no cioser than 3 feet to a side or rear j ,
property line, unless the side or rear property line abuts a public right-of-
" '
way or permanent open space. . " )
, . .
c. Building Bulk Standards
1.
HeightStandards
a. Purpose
. ~~ . .
The height regulations are intended to promote a reasonable building,~!e and; .
relationship between buildings; provide options for light, air, and priv~cy; !Ind . ,
discourage buildings that visually dominate other buildings in the vicinity. In the
Central Business Zones, there is a minimum height standard that ensur~s ttiaf
buildings are compatible in scaie and that land is used efficiently.
b. Standards j
Generally, the maximum and minimum height standards for principal structures .
in Commercial Zones are stated in Tables 2C-2(a) and 2C-2(b). This ~ble is ., .
located at the end of this Section. Height standards for accessory buildings are
addressed in Article 14-4C, Accessory Uses and Buildings. '"
c. Exemptions , '!.
, . 'f
If allowed. in the subject zone, the following structures or parts thereof are . .
exempt from the maximum height standards, provided an increase in h~ight .
does not confiict with Chapter 14"6, Airport Zoning. " <'
(1) Chimneys or fiues. "
(2) Spires on religious or other institutional buildings. I'
. -j
i
<-t4
(4)
~-5' 4S-~~n
._ __'..,_ +.. _ _~.__.~ . ~ .: ,OJ .. . .-
Cupolas, domes, skylights and other similar roof protrusions not usect for
the purpose of obtaining habitable floor space. ' ' "'",
I ..' -,
Farm structures, including barns, silos, storage bins and similar. strUctures
when accessory to an allowed Agriculture Use, . " ','
'. . . ::, &' . . ! ":'r).'~~ ,1'~
Flagpoles that extend riot more than 10 feet above the height limit 0; not
more than S feet above the highest point of the roof, whichever is less.
, \
Grain elevators.
~~ , as- - <-\' ~ IlS l.o
(3)
,
(5)
~
~:.....-
W \ ~,~
(7) Parapet or fire walls,. i," 1-.; :
(8) Poles, towers and other structures accessory io a BaSi~ Utility Jse, S~ch as
street lights and utility poles. 'I: ~"/
, ~ I.'
(9) If allo~ed in the subject zone, Basic Utilities and Communication, \ ' ,',/
Transmission Facilities are exel]'lpt from \he base zone height ~ndards, : '
but are subject to any limitations set' forth in Article 14-4B, Provisional Uses
and Special Exceptions. :, J ' . ' .
a' ,
(10)Roof structures, including elevator bulkheads, stairways;ventilating'fans,
cooling towers and similar necessary mecha.nical and eiectrical i: I
appurtenances required to operate and maintain the building. ~"
UQ~~,
(12)Storage tanks and water towers,
(13)Teievision antennae and similar apparatus.
. il
"
. . .}.iJ
~,
d.
Adjustment of Maximum Height Standards
1 ~ .,;~:,.,.:......
. .
, , ,,.:~,~... '
(1) The maximum height for a principal. building may be increased"provided ."
that for each foot of height increase above the height standard, the frOnt,
side, and rear setbacks are each increased by an additional 2 feet; and
provided that an increase in height does not conflict with the provisions of
Chapter 14-6, Airport Zoning, '. '; \. " .
':' "',\ ,
(2) In the CO-l Zone, principal buildings,on lots across the street from RM, C,
or I Zones may be increased in height according to (1), above, except that
an additional front setback neeqnot be provided. The requirement for
additional side and rear setbacks apply. However, the minimum:separatlon
between the building and the front lot line of the lot across the'StieEit must
, I .,',. I" \
be two feet for each foot of helght." . ...
~ . : ,1 , . 'I. ,!. 1
(3) A Minor Modification may also be requested to adjust the maximum height
for a partiCular building or property according to the procedures and ~. "
approval criteria for Minor Modifications contained in Article l"-'4B. "
1'/2-:' Maximum Floor Area Ratio . '. ,;.
, a. Purpose , ' '"
The floor area ratio or FAR regulates how intensely a site may be use 'd. The FAR
provides a means to match the potential amount of use with the desired
character of the area and the provision of public services. The FAR, along with
the height and setback standards, control the overall bulk of developl)),ent o~, a
site, '
b. Standards
. ,
The Floor Area Ratio or FAR listed in Tables 2C-2(a) is the amount of floor area
within the building or buildings on a lot in relation to the amount of lot area,
expressed in square feet. For example, if the maximum FAR is 2, then a lot may
contain up to two square feet of building floor area for every one square foot of
lot area, Basement and cellar floor area is riot included in this calaJlation.
I
D. Maximum Lot Coverage Standards \ ,
I.
1. Total Building Coverage -, ,
a. Purpose lil :
'. .~.;
The total building coverage standard helps to define the character of !:he Mixed
Use Zone by limiting the land area that can be covered by buildings. These
standards work in conjunction with the minimul1! lot requirements andi;luilding
. bulk standards to determine how built-up a neighborhood appears. ,.
__._.._ Ii ,_ ,_,
't:s--
_____ __ ~. os--<-\:\'?(o ~a., ~~ 3\1
b. Standard ----,~-- -- .. '-..) \
, -
The total building coverage ~ndard for the MU Zone is stated in Table 2C-2(b),
located at the end of this Section. The maximum buiiding coverage standard
esta~lishes the percentage of the total area of a lot that can be covered by
bUildings. The total building area of all buildings on the property, including both
principal and accessory buildings, is used to calculate the building coverage.
'-":2; . Front Setback Coverage .
a. Purpose
The front setback coverage standard ensures that a certain portion of the front
setback remains free of impervious surface, which helpsto maintain a consistent
and pleasant environment along neighborhood streets. These standards
increase public safety by preventing excessive front yard paving and vehicular
~9rage that may obscure the principal dwelling and the main entrance from
view of the street. In addition, this standard helps to prevent neighborhood
Streets that are dominated by front yard pavement, particularly along frontages
': with narrow. residentiai lots.
, ,Standard
The maximum front setback coverage standard for the Mixed Use Zone is stated
,":1. l~ ,in :Table 2C-2(b), located at the end of this Sectio~. The standard applies only to
residential uses in the MU Zone. The table lists the maximum percentage of the
required front setback that may be covered by impervious surface, including
, driveways, patios, decks, and other. paved areas. Front setbac~soverage may
, Ii; 'not exceed the percentage indicated in Table 2C-2(b). , ,..,..<:;,-- , . .'
....-' '
Exception. ~
A Special Exception may be requested to increase the allowed front setback
,t '. coverage. The Board of Adjustment may adjust, the front setback coverage
I .: 'j standard if the owner or lawful occupant of a property demonstrates that the
general special exception approval criteria and the following specific approval
criteria have been satisfied: \. '
J'
(1)
A
\
. {I i ~
';6\1> (
j ~ , .j.. w .
.. . ~ ..
,
3r; i: 1, ~ 1:(
d. b:
\
~ c.
"I : ~
~
L
Ii:: I -~ t
,
U l
. ',~.-
.'--.c-.r--- '" > " " ~
,
'r ~ t
The lot is of an irregular shape or contains severe topography, such that
there is practical difficulty meeting the fropt setback coverage standard.
. 'I.
The applicant has demonstrated that every'~ffort has been made to design
buildings, paved areas, and vehicular use areas to meet the front setback
i ,. coverage standard. Such efforts include redu'cing the width of driveways,
reducing paved areas and size of garages and providing alternative means
of vehicular access to the property. If vehicul~r access to an alley or
private rear lane is available, the front setback coverage standard may not
be increased.' - .
,
Granting the exception will not be contrary tp the purpose of the front
setback coverage regulations. .
Any potential negative effectS resul\ing. from the exception are mitigated to
the extent ractical. '
(2)
. .
!,~
t~ [l.
t .,:'"
"
11 u.') '. "
",1:':; (j)
i.
(4)
co.l none 2.725 .. _none none 10 Ol 0' none 25' n<>n. 1 or 33
CN.1 non. 1.800 none none .~ .,5 0' .0' See Section 220135' 18
'- 14-2C-7E
CH.l none nI. 100 none 10 ..O'~, '.; at none "- ~"none non. 1
C~l " none, i DI. n<>n. none 10',' - 0' .- .0' . none,. 35 none 1
CG,2 non. .2,725 n<>n. none 10 0' 0' none 35- none 2
_1 ) ~.! i :1 J
CB:2 OJ J none 875 none n<>n. 0 0' 0' none 45 none 2
" < - - .,'" .
"
CIl-6 none non. none non. Oor1o- 0' 0' 12 75 25 3'
',.\ '.. , . , :il (
CIl-10 none non. non. n<>n. OorW , 0' 0' 12 non. 25 10' '1(..
,
---------.."'"
, r
v/
,
\
(\='~. 14;". ~ 3 ~-1
:-- .~..,..----~,
[~
~,O:S--'--\:\~\o
--- Notes:-: ~--.- - .r-- _
nla = not applicable i
, A side setback or rear setback is not required where the side lot line or rear lot line abllts a nonresidential zone. However, where a side lot
nne or rear lot Une abuts a Residential Zone, a setback at least e;quallo the required setback in the abutting Residential Zone must be
providedfaJOl,g the Residential Zone boundary. )
2 MaXimtim'h~ighi is 22:teet for one-story buildings, with the folloWing exception. One-story buildings may exceed 22 feet in height if there are
clerestory windows facing the street that give the appearance of secorid floor space. The maximum height for all other buildings is 351eel
3 Maximum FAR is 1, except for lots across the slreet from RM, C, or J Zones. The maximum FAR is 3 for lots across the street from RM, C,
or I Zones. ,
4 A front setback is nol required, except for buildings that front on Burlington Street. BuUdings must be set back at least 10 feel from the
Burlington Street right-of-way. Building columns supporting upper stories may be located within this lG-foot setback provided an adequate
~estrian pCl;SSage~ F maintained. '.
5 Maximum FAR is 3, except for lots with an approved,FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a
maximum of 7. ' ' .
. 6.h.faximum FAR is 10, ~xcept for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a
maxim~mof12. .;( .. ...-'1::-'. . _"" . ~.:~':_-:... _"',!,,-_'
7 Additional height is aDowed under certain circumstances, See Section 14-2C-4C-1d(2),
.f ~ .T' j : I ~
;>.:: J ~ !!.', .
Detad1edSf )
" , . and Qetaihed i' 3,000 30 20 5/156 5+22 20 35 50% 50%
... Zero lol Une ,
TwoFami~ 3,600 1,800 45 20 5/15' 5+22 20 35' 50% 50%
(Duplex)
,- A_SF 1,600. 1,600 20128' 20 51156 0110' 20 35 50% 50%
r- ','
Wti,Fami~ 5,001) 1,800 45 20 5115' 5+22 5+22 35' 50% 50%
GfOUpLMII9 5,000 See 45 20 51156 5+22 5+22 35' 50% 50%'
Art.48
Non-residentiaP n"". nt. none 20 5/156 5+22 5+22 35' 50% 50%,
Notes:
nla = not applicable /i'
'Non-resklential uses must comply with the standards listed in this lable unless specified otherwise in 1448, Minai Modifications, Variances,
Special Exceptions, and Provisional Uses,. ..... : ',.!'
2 Minimum'side setback is 5 teet for the first 2 stories plus 2 feet for'each additional storY. For Detached Zero lot Une Dwellings, see applicable
setback regulations in 1~8. . '....
3 See apP/icab1e setback requirements in Article 14-48, Minor Modifications, Variances,.~pecial Exceptions, and Provisional Uses.
. ~ Minimum.lot width is 20 feet for a~ed units on interior lots and 28 feet for end lots in arow ofi!ttached units. When only two units are
attachEKJ!lots _~ust be 28Jf!*l1 wide. ~ .:_ ::_'''...\
5 Maxin!w:n heig~t is 35 J~ However, if any portion of a Two Family Use, Multi-Family Use, Group living Use, or a Non-r8sidenlial Use is
Iocatelfwithin 15 feet of a property that contains an existing Single Family Use or within 15 ~tOf a Single Family Zone boundary, then the
portion of the building located within 15 feet of said property or boundary may oot exceecl2-112 stories in height
6 Prlnimum p1jncip:al building setback is 5 feet Maximum principal building setback is 15 feet. See 14-2C.90, Maximum Setbacks.
. '., I. ." _,
._ t j ~'. ., . 't !'
"J"',:C' .l
. .~
The r~sid~ntial o'ccupancy of a Household living Use is limited to one "household" per dwelling
unit, as this term is defined in. Article 14-9A, General Definitions. "
'l' ,.
r A. Purpose
The Commercial Site Development Standards ensure that commercial development Is
compatible in scale and intensity to the surrounding development, unsightly elements are
sciee_n~ from pubiic view, and that safe pedestrian and vehicular circulation is .
established. .
. ,;~': "
B. AppliCability
1. The standards of this Section apply to all development in the CO-1, CC-2, 0-1, CH-1,
and C6-2 Zones, unless specifically exempted. .
"ji 11',
2. ,;'Dj!v,elopment in the CN-1 Zone is subject to the CN-1 Site Development Standards
s SP,ecified in Section 14-2C-7. . .
3. , p,:velopment in the C6-S and C6-tO Zones is subject to the C6-5 and C6-tO Site '"
:Development Standards specified in Section 14-2C-8. ,
,'I.. 'Ri'
4. Development in the MU Zone is subject to the MU Zone Site Development Standards
specified in Section 14-2C-9. '_ /j
'n
~ ,ClG"-'-\ ~ 'S'\o
C?~, ~~ ~ 3\1
\
C. Site Plan Review ProCedure . /"
Review for compliance with the standards and requiremen!S.of this Section will occur .as a
pa'~ 'of the site plan review process (See Title 18 of the City Code).
. II . '
D. Surface Parking Lot Setback Requirements
"'"""'
1.
2.
.. ,<'
Front setback requirements
'Parking and loading areas must be set back at least 10 feet from any front and
street-sIde lot lines. 'HOWeVer; any loaollig area, parking spa~es or dlsles IUCilt~O
within SO feet of a Residential Zone boundary must be set back at least 20 feet from
the front or street-side lot line. (.
, '
Side and rear setback requirements " ' . '0 .
, Parking and loading areas must be setback at least 5 feet from any (non.street-side)
side or rear lot line. However, parking and loading areas must be.,se(back at least'10
feet from any side or rear lot line that abuts a property zone(hResidential. The City
may exempt from these setback regulations any specific locations along a lot line
where a parking area, aisle or drive is shared with, an 'abutting lot.
Drives ...---...
, "-
a. Drives th~t are internal to a parking a'rea, including drives thaf pro.vide
circulation around the'perimeter of a parking area are consideiea part of the
parking area'and mu'srmeet the setback standards as' specified above. Drives
J that are external tg'a 'parking area must be set back at least 3 feet from any
, "abutting property that is zoned non-residential, unless the drive is pitched or
curbed and drained,to pr~vent the fiow,of water onto adjoining property or
unless a drainage course has been eStablished along lot lines to handle storm ,
water run-off. Any specific locations along a side or rear lot line where a drive is
shared with an abutting)ot'may be exempted from these standar?s. .' r
, -t ."
b. Drives that are external to a 'parking area must be set back at. least 10 feet from
any abutting, property that is zoned Residential. / " -'
"
,"'-
3.
E. Drive-Through Facilities . .
Drive-through facilities are regulated as an accessory use and are only allowed in certain
. zones acCording to the provisions specified for drive,through facilities in Article'14-4C,
A5f:.eSSory Uses and Buildings. :' .' '.'
.' /
F; . Pedestrian, Bicycle, and Vehicular Circulation
The site must be designed to. promote safe'and convenient pedestrian, bicycle, and
r vehicular circulation according tothe. following standards:
1. Pedestrian walkways must be 'provided betWeen principal buildings and abutting
rights of way. The walkWays provided on-site must connect to adjacent public
sidewalks and trails.
2. On commercial sites with'multiple buildings, sidewalks or other approved pedestrian
routes must be p~ovidea between the principal buildings on the site. The City may
exempt commercial sites where pedestrian traffic between buildings is rare or
,'unlikely. 0
.~.
3. . Pedestrian routes must be provided on-site that connect parking areas to building
entrances. Pedestrian routes from and through parking areas to principal building
entrances must be identified on the site plan and integrated into the parking lot
design.
4. Pedestrian routes must be continuous, clear of obstructions, and easily identifiable as
protected pedestrian routes. Landscaping, curbing, raised paving, bollards, distinctive
paving materials, and other similar means may be used to separate and protect
pedestrian routes from vehicular traffic, . ,
. '
5. Bicycle parking facilities must be located in areas convenient to 'building entrances,
but must be loCated so as not to impede pedestrian or vehicular traffic.
G. Landscaping and Screening
1. All areas of the site that are not used for buildings; parking, vehicular and pedestrian
use areas, sidewalk cafes and plazas, must be landscaped with trees and/or plant
materials. A landscaping plan must be submitted for site plan review.
.---"
4-1'
~- ()~S"-~\ ~"c ~~ ,l{ '\~ ~\l
'-~" ___. .. __." r'. ...._.~~__.._
"~"~.' 'SfJ_rface parking areas, loading areas, and drives must be screened from view of
"'---PI10nc-rights-of-way to at least tl)e 52 standard (See Article 14-5F, Screening and
Buffering:Standards), .
3. Surface p~rkii1g area;"I~~diri9 areas, and drives must be screened from view of
abutting Properties to at least the 52 standard. Additional screening is required for
properties tliat abut properties zoned Residential. Parking areas, ioading areas, and
drives'must be screened ITom view of any abutting property zoned'Residential to at
least'the 53 standard. The aty may ex~mpt from this landscapin'g requirement any
splidflc locations along a'side or rear lot line where a parking or loading area, aisle or
drive is shared with an abutting'lot. , '
4. " Where a lot occupied by a Commercial or Industrial Use abuts or is across a street or
" railroa~ right-of-way from a Residential Zone"Dayc,are Use, Educational,Facility,
~; Parks and Open Space Use, or the Iowa River,.any parking and loading areas and,
outdoor work and storage areas must tie loCated behind'buildings'orscreened from
view of said uses and zones t~ at least the 53 standard, .' ,"
.' ,.,.
H. Mechanical Structul'l!5 _,.':' ' , " ,_ /' ,
, 'k.AJI iiieaianical Sti-uctiJres"rriu~ be set back and screened from public view, according to the
, 'appli~ble provisions.set forth~in Article 14-:4C, Accessory Uses'and Buildings.
I '.
j j
I. Outxloor Storage and Display ,
1. In the COol, CC-2, and CB-2 Zones
Outdoor storage and display, of materials is not permitted in the CO-I, CC-2, or CB-2
Zones, except for the fgllowing: :
a. 'Outdoor display of merchandise for immediate sale is permitted in areas
, immedi'ltely adjacent to a principal b'uilding. However, the display area may not
be 19aited along any building wall that is within 20 feet of a public street afld
may not be located in a manner that obstructs building entrances and exits,
, , ,:-: sidewalks, bicyCle parking areas, pedestrian routes, or vehicuiar use areas.
, , . b. ' An approved Temporary Use, A temporary use'permit is required (See Article
14-40).
c. In the CC-2 Zone, an approved Outdoor Storage and Dispiay-Oriented Retail
Use.
2. In the CH-1 and CI -1 Zones
a. Outd09r storage of materials in the CH-1 and CI-1 Zones is permitted, provided
it is concealed from public view to the extent possible, If it is not feasible to "
conceal the storage areas behind buildings, the storage areas must be'set9ilck
at least 20 feet from any public right-of-way, including public,trails and--open .'
space, and screened from view to at least the 53 standardc(See AJ:tide 14-513, '
Screening and Buffering Standards). If a fence is built aroun,d the storage-area,
the required screening must be located between ,the fence and the publiC right-
of-way, J .
b. All outdoor storage areas that are located along a side or rear lot line that does
not abut a public right-of-way must be setback at least 10 feet from said lot line
, -'~'- and screened from view of the adjacent property to at least the 53 standard, It"
a fence is built around the storage area, the required screening must be located
between the fence and the" ~djacent property, .
c. The landsCape scre~';ingrreqUirement for outdoor storage areas may be waived
by the Building Official upon presentation of convincing evidence that a planting
screen cannot b~ expectoid to thrive because of intense shade, soil conditions,
or other site characteristics, The presence of existing pavement, bI' itself; shall
'not constitute convincing evidence. If the landscape screenirgrequirement is
waived by the Building Official, a fence built to the 55 'standard must be
substituted for the landscape screening, . ' ".' , ,/ -
d. Outdoor display of. merchandise for immediate sale is permitted in the CH-1 and
, .
a-I Zones, provided it is set back at least 10 feetfrom public rights-Of-way and
landscaped to at least the Slstaridard. ,,-'
. -
e. Any outdoor display area' iocated along'a side or rear lot line that does not abut
a public right-of-way must be set back at least 10 feet from said lot line and
screened from view of abutting properties to at least the 52 standard, If the
display area is adjacent' to a Residential Zone boundary it has to be screened to 4 ~
".,::the 53 staf1dard. . " , ~
~\ . ():::'--l.\\ 'tic
~. ~() _~ ::S\\
f. The laDdscapescreening requirement for outdoor display may be waived by the
Building Official upon presentation of convincing evidence that a planting screen
cannot be expected to thrive because of intense shade, soil conditions, or other
site characteristics. The presence of existing pavement, by itself, shail not
constitute convincing evidence.
3. In all Commercial Zones
The storage of cOl)1bustible or flammable materials or liquids is strictly regulated
according to the provisions of Article 14-5H, Performance Standards and according to
the International Fire Code, as amended.
~- j.. BaIC:o'~ies -\~~~k'sl'9f!'Y
mml.;""'BalconieSmay,.not'be'lcicllted on-any Sii:1e'of a' biJilding 'that'!!;'ai:1jacehfto a 'property
that is zoned Single Family Residential.
2. The outer edge of a balcony shall not be closer than 4. feet from a side lot line.
3. The design of any balcony must utilize columns, piers, supports, walls, and railings
that are designed and constructed of materials that are sil)1i1ar or complementary to
the design and materials used for the rest of the building. Unpainted and unstained
lumber is not permitted. \
K. Standards for Large Retail Uses
1. Applicability
The provisions of this subsection apply to retail uses over 50,000 square feet in size.
The intent of these standards is to facilitate adaptive reuse of large retail commercial
structures, to moderate scale of iarge buildings, and to ensure consistent appearance
with other shopping center developments.
. 2. Facades and Exterior Walls
a. Facades over 100 feet in length that are visible from public streets and/or
include public entrances shall incorporate wall projections or recesses a
minimum of 3 feet in depth for a minimum of 20 contiguous feet within each
100 feet of fa91de length. 'Such recesses and/or projections shall extend over a
minimum of 20 percent of the length of the fa91de and no uninterrupted facade
may exceed 100 feet in length.
b. For facades that face public streets or include public entrances, features that
provide visual interest such as arcades, storefront windows that allow views into
the interior of the building, display windows that are set into the building wall,
entry areas, awnings or similar features must be incorporated along at least 60
percent of the fa91de.
3. Building Details
Buildings must include details and features that provide visual interest, reduce the
perception of the mass of the building, and provide a cohesive pattern to the
building. Any building fa91de that faces a public street or includes a public entrance
shall include no less than three of the elements listed below. At least one of these
elements shall repeat horizontally. All elements shall repeat at intervals of no more
than 50 feet. These visual patterns must be cohesive with the articulation of the
fa91de.
a. Color change
b. Texture change.
c. . Material module change
d. Expression of an architectural or structural bay through a change in plane no
less than 12 inches in width, such as an offset, reveal or projection.
4. Roof Details
a. Flat roofs must incorporate parapets that conceal rooftop equipment such as
HVAC units from public view. The average height of such parapets shall not
exceed 15 percent of the height of the supporting wall and at no point shall
exceed 1/3 of the height of the supporting wall. Such parapets shall feature a
three-dimensional cornice treatment.
~-o
__ ____ _ o-w._~:S--L\\ ~l.o _ _ _' ~~\ ~ -:s \l
b.' Sloping roofs must not exceed the average height of the supporting walls and
must include overhanging eaves that extend no less than three feet past the
supporting walls. .
c. The roof of the building must be designed with three or more roof slope planes.
'- It i~ encouraged that changes in the roof correspond with articulation of the
building fai;ilde. .
5. Building Materials_
a. The building materials shall be predominantly quality exterior building materials,
including brick, masonry, stone, stucco, or textured concrete masqnry units.
Predominantly is defined as at least 75 percent of the exterior of the entire
building, .but not necessarily of each building wall. For example, use of such
materials milY be concentrated along building,ytalls that are visible from public
streets or that contain public entrances. -'.
b. Use of smooth-faced concrete block, tilt-up concrete panels;-prefabricated steel
or vinyl panels or sheets should be minimized, If used, these materials. may
'_. cover no more than 25 percent of the exterior of the entire building an(shouldo. .,
be reserved for building walls that are less visible to the public. '-" .,.
\., ~""
- --~6. . EntrywayS
Each principal building shall have a clearly ~efined, highly visible customer entrance
with no less than three of the features liSted below. Where additional stores are
. _ __ located within the principal building, each store shall have adeast one exterior
~ -'customer entrance with no less than three of the fOIlOWingfe[fures:.,. _ ,..
a. Canopy or portico; .
b. Overhang;
c. Recess/projection;
. d. Arcade;
e. Raised cornice parapet over the door;
f. Archway;
g. Outdoor patio;
h. Display windows;
i. Storefront windows that allow views into the interior of the store;
j. Tile work and moldings that are integrated into the building structure and
design;
k. Integral planters or wing walls that incorporate landscaped areas and/or places
for sitting.
~.
14-2C-7 CN-1 Zone Site Develo ment Standards
A. Purpose
The CN-l Zone Site Development Standards ensure that commercial development is
compatible in scale and intensity to the surrounding residential neighborhoods. These
standards also ensure that neighborhood commerdal areas are carefully designed to be
inviting for pedestrians by requiring buildings to be located close to and oriented toward
streets or pedestrian plazas; ensuring that pedestrian routes are clearly separated from
driveways and parking areas; requiring that buildings be constructed with street-level
storefront windows and clearly demarcated pedestrian entrances; and by requiring that
parking be located away from the street in well-landscaped areas.
B. Applicability
1. The standards of this Section apply to all new development in a CN-l Zone.
2. Exceptions to the standards and requirements of this section may be approved during
the site plan review process in CN-l Zones that were in existence and at least . .
partially developed by June 7, 2002, if the City determines that compliance with the
'subject standard or requirement is not feasible. However, all proposed development
muSt'meet the standards of this Section to the extent possible. .' '
3. Alternativ;'design.sol~tions may be approved during the site plan ~view P';0ceS0f it
is demonstrated that the ~~Iternative design solution meets the intent o.LthiS Section.
>)
<Y\...d ' () s- - Y: ~ 'i( \0
u .~~.~~~ '31-7
. _.~---~-
CN-l Site Plan Review Procedure. '. v // "
1. Prior to submitting a request for site plan review, the dev~ope;: must participate in a
pre-application conference with the Director of Planning and Community
Development or designee to discuss the application .of the CN-l tone Site
Development Standards to the subject property. :~"
2. Review for compliance with the standards and reqUiremen!;;'of-thiS Section will occur
concurrently and as a part of the site plan review process, -~.... <,....
, ......
D. Rezoning to CN-l -~-_.........
1. A CN-l Zoning District may not exceed 10 acres in size. ~
2. A plan showing the general design of the proposed development must be submitted
with any, CN-l rezoning application, The plan must include provisions for
landscaping, screening and buffering between the proposed commerdal development
and adjacent residential zones.
Build-To Line .
The required build-to line iii' the CN-l Zone is an imaginary line running parallel" to ~rJq -. ~
located five feet back from thi'! street-side lot line along the subject I~ .primary.street
fi-ontage?~a~<S6l!iit:ffb"n1'a"g~ i1i1t1'(e:ffMta'geti),Whictr.!ff€Sfreef-a&thlSsIS
assigned. ,nJbiw oi J",,1 O~ ofin1 1915910 on 9d :Pll'Tl 91l1homrhfi'l R
'1. Requirement
All new i?uildings must be located such that at least 65 percent of the primary street
frontage of the subject lot contains buildings set back no further than the build-to
line,
2. Exceptions
Exceptions to the build-to line requirement may be approved during the site plan
review process for the following site elements:
a. Building facades that are recessed in accordance with the articulation standard
In subsection L, below;
b. Building entrances, including stoops, stairways, and ramps;
c. Trees and landscaping.
d. Pedestrian plazas;
e. Arcades;
f. Public art;
g. Sidewalk cafes.
C.
E.
~~.
(f'. ''2..
",.
" '
"
I""..
I,
"
'-
I ~ ~
F.
Location of Parking, Loading, Drives, and Aisles
1. No more than 35 percent of the street frontage of a lot may be compriSfld.of off-
street parking spaces, drives, and aisles located in front of a building. Loading areas
are not permitted in front of the building. For purposes of this provision, "in front of
the building" means between the street right-of-w,ay line anq th,e building.
2. On corner lots, no off-street parking spaces may be located in front of a buildin'g
within 100 feet of the point of intersection of street right-of-way lines,
'. o'
3. Parking and loading areas must be set back at least 20 feet from any"street-side,lot
line and at least 5 feet from 'any non-street side or rear lot line, unless the lot abuts a
Residential Zone. Parking areas must be set back at least 20 feet from any rear or
side lot line that abuts a Residential Zone. '",:
4. Loading spaces must be located so that trucks or vans loading or unloading do not
back onto or out of a street. ' . "
5, Drives that are internal to a parking area, including drives that provide drculation
around the perimeter of a parking area are considered part of the parking area and
must.meet the setback standards as specified clbove. Drives that. are external to a
parking area must be set back at least 3 feet trom any abutting propertY,that is
zoned no"n-residential, unless the drive is pitched or curbed and drained .to prevent
the flow of water onto adjoining property or unless a drainage course has been
established along lot lines to handle storm waljer run-off. Any specific locations along
a side or rear lot line where a drive is shared with an abutting lot may ~e exempted "-
from these standards.
:s~
~. Cl~-L\.' ~\o
~.~\ 3\l
-----~-
___ '-'-'-'G'
6. Drives that are external to a parking area must be set back at least 20 JeetJro'm any
abutting property that is zoned Residential. ; : ; ",
. ~ . . r
G. Drive-Through Facilities ' .
Drive-through facilities are regulated as an access6ry use and are only allowed acc~rding
to the provisions specified for dri~e-through faciliti.es in Article 14-4C, A~ssory Uses and
Buildings. ,.; '..;.
H. Pedestrian, Bicycle, and Ve~i~ular Circulati~n . 1/' )
1. Pedestrian access must be provided to adjacent residential areas and to abutting'
rights-of-way. The sid~walks provided on-site must connect to adjacent public ," l
sidewalks and trails. '
2. Each commerciaFt~nant space must be acCessible from other tenant spaces by. I
sidewalks or,other approved pedestrian ro.utes. Pedestrian roules must be
continuous(clear of obstructions, and eas\ly identifiable as a protected pedestrian
route. . ' .
/
3. Pedestrian routes must be separated from. parking and vehicular use areas by curbs,
landscaping or other physical barriers. When pedestrian paths cross drives, aisles,
an'd vehicle travel lanes they must be clearly identified with materials such as
/ 'textured or brick paving, and must be integrated into the wid~r network of pedestrian
walkways. Pavement textures are encouraged elsewhere in the parking iot as
surface materials or as accents.
4. Parking lot layout and design must promote safe and convenient pedestrian ana
vehicular circulation. Protected' pedestrian walkways, ieading to sidewalks ttiat abut
store entrances, must be provided withfn parking lots.' .
5. . !licy'c1e parking facilities must b~ located in convenient areas[of the development and
, ; m~st be located so as no! to imp,ede p~estrian or vehicular ,traffic. ,
I. Landseaplng and Screening . . ,
1. All areas of the site that are not used for buildings, parking,/vehicular and pedestrian
access, sidewalk cafes and plazas, muSt be landscaped with trees and plaht c
- "'materi~ls. A landscaping plan must be' submitted for site plan review. .,
2. Parking a~s;loading areas, and drives must be screened from public rights-of-way
to at leaSt the S2 staridard (See.Article 14-5F, Screening and Buffering Standards).l
'. '> . '0.. I '
, 3. Parking areas, loading areas, an-a'diives m,ust be _scree~ed from vie~ of abutti~g ,
properties to at least the S2 standard~ Additional screening is required for properties ,.
that abut properties zoned Residential. Parking areas, loading areas, and drives must "
be screened from view of any abutting property zoned ReSidential to at least the S3
standard. The City may exempt from,this landscapi~g requirement any s~ific J
locations along a side or rear lot line where a par~ng area, aisle or drive Is shared
with an abutting lot. I'
J. Mechanical Structures
All mechanical structures must be set bad< and screened from public view according to the
applicable provisions set forth in Article 14-4C, Accessory Uses and Buildings. ..,
'I ..:;
K. Outdoor Storage and Display
1. Outdoor storage of materials is not permitted in the CN-l Zone. /' '.
I ,"".' '. '~'r''''
2. Outdoor display of materials is not p'ermitted, except in the foIlOWing"si~atiohs:! /
a. Outdoor display of merchandise for Immediate sale is permitteeUnareas .-
immediately adjacent to a prinCipal building. .tiowever, the diSplay area may not
be located along any building wall that is within, 20 feet'of a public street and
..~, ,I
may not be located in ~ manne\ that obstrU~ ~~nding entrances and exits, \
sidewalks, bicycle parking areas, pedestrian rpUtes, or vehicular use areas. .
b. An approved Tempora:ry Use. A ;tempor~,iy(se permit is required (See chapter
4, Article D of this Title).. " :
-' .
3. The storage of combustible or flammaQIe~';'aterials or liquids is strictly regulat~d
according to the provisions of Chapter'S, ArtiCle H, Performance Standards and
accordin\{to the lriterna.ticinal Fire Code, as amended.
.' \,'..-' .
~
~-3
~ . os- - L.\;' 1r \.p
---.:::- Stiliiit-IeveIWlndcrws- 7' .... .
~..-. . ,-" { , , . . I' .. .
. A mi!!jmum of 50 percent of the building,fa~e between 2 and 10 feet in height from the
..adfacent exterior grade must 6e compriSlkl oj windOws and doors. Such window? must
. _" allow views into the interior sPace or be stbrefront 'display windows that are set into the
wall. Display cases attached to the outside buiding wall do not qualify. The bottom of
such windows must be no more than 4 feet above the level of the adjacent sidewalk. (See
Figure 20). . I . \ \ :
figure 2C2 - Storefront l#'ndow Example : '\' \
\?,j. Sl.\ ~ :s (1
\
Unacceptable
Acceptable
I' .
M. Bul.ldiitg Bulk and Articulation I
1. The maximum I~n'gth of any building wall is'270 feet. This standard applies whether
the building contains a single business or multiple busin~sses or storefronts.
. i'. '.
i~~For-buildjngs greater than 50 feet in width, the street-fating plane of the building
must be bro~en into horizontal modules that give the appearance of smaller,
~
....
k;
:l
--","" ~ - ~ ~ r .J!...~.:!l'! -r-.. - ~ '- -.....- -~ ....-------'...--.-.- .......-. _.....-~. - ---
S<-j
~ as -Ll;~ 8~ ~~, S'S- ~ 3 \l
~~;~)!RiI!I~umtitlliFhlljl.e,Q}9!I~illMl_~~'1ti_~~il~ffil""" .
a. Each module must be no greater than 50 feet in width. ,bsnQi226
b. Each module must be distinguished from the adjacent module by at least three
, 11 'of the following means: \
(1) Variation in the wall plane by recessing a building module from the
. adjacent building module;
:(2) Variation in material colors, types or textures;, '., . . '~::._.,. -I,'
(3) Variation in the building and/or parapet height;
i
(4) Variation in the architectural details such as decorative b~nding, reveals,
stone, or tile accents;
(5) Break or vartationin window pattern;
(6) Variation in the use of upper ftoor balconies and recesses.
3. For buildings that are 50 feet or less in width, at least every 12 feet in length of the
street-facing wall must be articulated by a window, doorway, perceptible change in
the wall plane, setback, artwork, or a change in building material.
N. Building Entrances
1. Primary building entries must be distinguished by at least two of the following means:
a. Canopies or awnings;
I
: b. Recesses;
I
" c. Il.aised cornice or similar architectural features;
d. . Architectural details, such as tile work and moldings that are integrated in the
,. building structure and design,
O. Balconies, stairways, corridors and. lifts
Balconies, stairwells, corridors and lifts must comply with the following standards:
1,:, 'Exte,rtor stairwells, exterior corridors, and exterior lifts are prohibited, with the
following exception.
2, 1 Ba!co~ies may not be located on any slCle of a,building that is adjacent to a property
that is zoned Single Family Residential. .
3., The ,outer edge of a balcony shall notbe closer thanl4 feet from a side lot line.
:4)1 Th.e,design of any balcony must utilize columns, piers, supports, walls, and railings
that'are designed and constructed of materials that" are similar or complementary to
the design and materials used for the rest of the building. Unpainted and unstained
lumber is not permitted, i
,
~
,.
14-2C.8 C8-S and C8-10 Zone Site Develo ment Standards
'-I
A. Purpose '
The following site development standards are intended to help ensure that the gty's
Central Business Distrtct develops as an attractive, compact urban area. The standards
ensure that parking. facilities,are integr~ted into the design of developments so that streets
are safe ana attractive for-pedestrians. Particular attention is focuseil'on street-level
"}:, .- ..' ............. '.,.-"-.:-\. .
'wilding facades in order to prevent f6rtress,like faCades, monotonous streetscapes, and to
"aihance pubik safety by providing opportunities'f6rsurveill!lnce of the street from the
interior of buildings:. Excellence in desfgn is encouraged in ciiCler to enhance and maintain
economic development opportunities in the downtown area. -.c.: '. . -, .. '
Jf!\ ;.. '., -
B. ApplicabilitY and Procedure ,', '
The'slandards Of this Section apply to all development in the CB-s and CB-10 Zones.
C. CB.~ and qI-l0 Site Plan Review Procedure .
,
1. ,Prior to'submitting a request for site plan review, the developer must participate in a
1, pre-application conference with the Director of Planning' and Community
Development or designee to discuss the application of the CB-s and CB-10 Zone Site
(J I -Development Standards to the subject property.
'. . j
2.' Review for compliance with the standards and requirements of this Section will occur
concurrently and as a part of the 'site plan review process.
" . c. ._.
r
~s-
<?-J' S"lo ~ "0\1
~ ' oS- -'-\\ '?\c
--. \
........~--,,.........--- . -----
3. Alternative design solutions may be approved i(it is demonstrated that the .
alternatives meet the intent of this Section,
'//
./
D. Mi!1iJilum Setback,.
1. 'A setback is not required, ~cept for buildings ttiat abut Burlington Street,
2. The first story of buildings that abut Burlington Street must be set back 10 feet from
, ., i the right-of-way line, Building columns siipportingupper"stories may be located '
within this lo-foot setba,ck, provided that"anad.equa\!!.pedeStrial),passageway is
maintained. ''":;.t " ,;. .
:
" 3. D90l)Ways.adjacent to a right-of-way must be set back so that doors do not swing
into;a right-of-way. Similarly, stairways and ramps must not be located in,a right-of-
'way.
E. Maximum Setback
No portion of the first story of a building shall be set back more than 12 feet from the
front ,lot line, If a setback is provided, the,setback area must be used for one or more of
the foliowing purposes: . .
~ ). ~. , '
~
,. 1.;. Buildingfacades:that are recessed in accordance with the' articulation standard in
subsection L, below;
2, .1Building entran'ces, including stoops, stairways and ramps;
3. Trees and landscaping;
; 4, Pedestrian plazas;
!. S. J Arcades; ;
. 6. / Public art;
. 7, Sidewalk cafes.
F. I Partcing in the CBc 10 Zone .
;In the CB-1(j'Zone, private off-street parking is not permitted for most uses, except by
I grant of a speciaL exception. Off-street parking is strictly limited il) the CB-10 Zone
'II according to the procedures and standards listed in Article 14-SA, Off-street Parking and
I. t Lmlding Standards: J
, -
Go .',Slirface partcinglocation standards in the CB-SZone' ': . _ ..:. ,'-
If surface'parking and loading areas are provided on'the streetJevel;they must be
. ,subordinate to a. principal use allowed in the zone. Th~efore, the following standards
:apply: · ,
] 1. Location, I J
a. Parking and loading is. not permitted for the first 30 feet of lot depth as
measured from the front building line. Surface parking, parking,within accessory
structures, and all loading and unloading facilities must be I<?cated behind
principal building(s) and concealed from view of fronting streets, Parking and
,;Io~ding areas may,not '* located between the building an9 tre street or within
any side setback area, No more than SO percent of the lot area may consist of
, surface parking, drives, and aisles. " ,
\ ,;
b. J Parking and loading 'areas must be set back at least 5 feetfrom any side or rear
lot line that abuts a 'non-residential zone, Arly specific locations along a side or
rear lot line where a Parking area, aisle or drive is shared with an abutting lot
may be ~el1]pted from this Standard. ,.
c. Parking and loading areas m;;stbeset back at least 10' feet from any rear or
side lot line that abuts a Residentiat' Zone.
~
i:
---"
~
\I
"
2~ Drives
a. Vehicular access to parking areas and 'all loading/unloading facilities must be
provided from a rear alley or private rear lane, if available. If alley access is not
available, driveways between a street and a,parking area must be minimized in'
number and width and must be designed to inin!~ize hazards to pedestrians.
S'l.o
o--W..o~--L\' illo
db.
Drives that are internal to a parking area, including drives'that provide -
circulation around the perimeter of a parking area are considered part of the
parking area and must meet the location standards for parking areas as
specified above. Drives that are external to a'parking area must be set back at
least 3 feet from any abutting property that is zoned non-residential, unless the
drive is pitched or i:urbe\i and drained to prevent the flow of water onto
adjoining property or unless a drainage coJrse has been established along lot
lines to ~andle storm:water run-off. MY specific locations along. a side or rear
Iqt line where a drive is shared with an abutting lot may be exempted from
. .
these standards.
^', ."
~ ~.
?!\!Illgllif.l
'mann"c~ ofDrives'thatiarelexteiTlal.to il'pa'rking'area illust,be.set'back.at;least'10',feet from
any abutting property that is zoned Residential.
3. Landscape Screening
a. All areas of the site that are not used for buildings, parking! vehicular and
pedestrian use areas, sidewalk cafes, and plazas, must be landscaped with trees
and/or plant materialS. A landscaping plan for such areas.must be submitted for
site plan review'. ' "..... """ .
b. 'A~y po'rticin of-a parking area that is not completely concealed from view of a
fronting street must be screened to the 52 sta~dard (See Article 14-5F,
Screening and Buffering Standards). Parking areas, loading areas, and drives
must be screened from view of abutting properties to at least the 52 standard.
Additional screening is required for properties that abut properties zoned
Residential. Parking areas, loading areas, and drives must be screened from
view of any abutting property zoned Residential to at least. the 53 standard. The
City may exempt from this landscaping requirement any specific locations along
. a side or rear lot line where a parking area, aisle or drive is shared with an
~.' abutting lot.
H. Drive-Through Facilities
Drive-through facilities are not permitted in the CB-5 and CB-lO Zones.
I. Mechanical Equipment, Utility Meters, and Dumpsters
1. In no case shall mechanical equipment or utility meters be located along the street
side of a building. Mechanical equipment and meters must be placed at the rear of
the property whenever possible. If this cannot be achieved, such equipment may be
located along the side of the 'building, provided that the equipment is screened and
set back according to the provisions for mechanical structures set forth in Article 14-
4C, Accessory Uses and Buildings.
2. Dumpsters and recycling bins must be located in areas that are not visible from public
streets and may not be located in a right-of-way.
J. Outdoor Storage and Display
1. Outdoor storage and display areas are not permitted in the CB-5 and CB-lO Zones,
except for approved Temporary Uses (see Article 14-4D of this Title).
2. The storage of combustible or flammable materials or liquids is strictly regulated
according to the provisions of Article 14-5H, Performance Standards, and according
to the International Fire Code, as amended.
K. Building Entrances
1. Primary building entries must be distinguished by at least two of the following means:
a. Canopies or awnings;
b. Recesses;
c. Raised cornice or similar architectural features;
d. Architectural details, such as tile work and moldings that are integrated in the
building structure and design. .
2. Access to commercial uses located above the ground level must be provided from an
. enclosed lobby or corridor and stairwell. Unenclosed or partially enclosed.exterior
stairwells are prohibited. _",,:. .:
'b.s"\\ ~\\
~"
1.
'S,
D' SYi ,\0\\
o-w.. oS--~\~\o
L. Street-level Windows - - - - ---
A minimum of 50 percent of the building fa~de between 2 and 10 feet in height from the
.-. adjacent.~?cterior grade must be comprised qfwindows and doors. Such windows must
allow views into the interior space or be storefront display windows that are set into the
wall. Display"cases attached.to th.e outside building wall do not qualify. The bottom of
such windows must be no more than 4 feet above the level of the adjacent sidewalk (See
Figure 2C.2). ./
M. Building Articulation
1. For buildings greater than 50 feet in width, the street-facing plane of the building
must be broken into horizontal modules that give the appearance of smaller,
individual storefronts. These modules must meet the following standards.
a: Eacn'module must be no greater than 50 feet in width. //'
~ '
b. Each module must be distinguished from the adja.cerrt module by at least three .
of the following means: . . /' ./
(1) Variation in.the wall plane by recessing a building module from the
" adjacent bu~ding module;
(2) Variation in'mat~rial colors, types or textures;
.d:F-. (~~ariatiOn.in the building and/or pa!apet.height;. , =~ .
/(4) Variation in the architectural details such as decorative banding, reveals,
stone, or. tile accents;
(5) Break or variation in window pattern;
(6) Variation in the use of upper fioor balconies and recesses.
.
2. For buildings that are 50 feet or less in width, at least every 12 feet in length of the
street-facing wall must be articulated by a window, doorway, perceptible change in
the wall plane, setback, artwork, or a change in building material.
N. Balconies, stairways, corridors and lifts
Balconies, stairwells, corridors and lifts must comply with the following standards:
1. Exterior stairwells, exterior corridors, and exterior lifts are prohibited, with the
following exception. The City will allow exterior lifts on existing buildings that cannot
reasonably meet accessibility requirements, provided the lift is not located on a wall
,
ofa building that faces a street qr the City Plaza. .
2. Bal~onies may not pe located on any.side of a building that is adjacent,to a property
that is z?ned Single Family Residential.. . .>". . ,'"
3. The outer edge of a balcony shall not be closer thanA feet from a side lot line.
4. The d~si9h of any balcony m,ust utilize i:;;i~;~, piers, supports, walls, and railings
that are designed and constructed of materials that are similar or complementary to
the design and fnaterials used for the rest of the building. Unpainted and unstained
~. lumber is not permitted.
. - .
O. Bonus Provisions
The following bonus provisions are intended to provide an incentive for developments to
incorporate features that provide a public benefit and to encourage excellence in
architecturai design. Floor area in excess of that allowed by the permitted base fioor area
or dwelling units in excess of the density otherwise achievable under the provisions of this
Section may be granted. Bonuses are based on a point system. Points may be awarded for
proposed benefit features that the Oirector of Planning and Community Development
determines are appropriate in design and in the proposed location. Decisions of the
Director may be appealed to the Board of Adjustment. Bonuses allowed are enumerated in
Table 2C-4.
r.
..--,'
SJ'
~ 0 S- - '-\ , "i?\o
C?~.s-'\\~"
C~.5 Zone
Masonry finish or architectural melal, not including metal siding, on
all non-fenestrated areas of walls visible from a public street. For
purposes of this provision, "masonry" shall be defined as fired
brick, slone, or similar such material, not including collCrele blocks
and undressed poured concrete. Masonry may include stucco or
like malerial when used in combination with other masonry finish.
The provision of a theater
The provision of funds for all street furniture, lighting and
landscaping improvements along adjacent street right-of-way in
accordance with the any streetscape plan approved by the City.
Provision of pedestrian activity areas, such as sidewalk cafes,
adjacent 10 but not in the public right-of.way, provided such areas
do not exceed a depth of 12 feel from the front lot line.
Usable open space of size and at a grade tha~ at a minimum,
allows passive recreational uses and is accessible to "all residential
occupants of a building. Such space may include areas such as
yards, courtyards, terraces, and rooftop gardens designed and
improved for outdoor activities. Balconies serving individual
dwelling units and required setback areas are not eligible for this
boous.
Adaptive reuse of any property designated as an Iowa City
Landmark, eligible for landmark designation, registered on the
National Register of Historic Places, or listed as a historically
significant building as determined by the Survey and Evaluation of
the historic and architectural resources for the vicinity.
CB-10Zone
Provision of an off.street loading area that meets the requirements
set forth in Article 14-5A, Off-street Parking and Loading
Requirements.
0.75 floor area ratio.
5 sq. ft. of floor area for every 1 sq. fl. of theater area.
0.25 floor area ratio.
3 sq. ft. of floor area for every 1 sq. fl. of pedestrian
activity area.
2 sq. ft. of floor area for every 1 sq. ft. of usable open
space.
Up to 3 sq. fl of floor area for every 1 sq. ft. of floor area
reused. Additional floor area may be constructed on the
vacant portions of the property that is being reused or on
abutting properties.
.M additional 2.0 floor area ratio, not to exceed 12.
14-2C-9 Site Develo ment Standards in the MU Zone
A. ThPu~lsel'. .t d I '.t' sta d d hi.' l < I' d .d. ti I . .
e ,0 oWing Sl e eve opmen n ar s: e p c;omweraaan reSI en a uses coexist In a
Mixed Use Zone by ensuring that buildings ale simililr.fnscale and are designed in a /
". ..'(lanner that will aliow buildi~g9 tO,be used for a ~ariety of land uses over}i1:ne; These
, .standards ensure tha! ~uildfng s(tes are designed to be IQviting for pedestrians by ,
requiring bui/dings:to'Be!9cateil close to and oriented toward streets.or pedestrian plazas;
requirl~g that buildi~gs be'tonS!!"ucted with street-level ,storefront windows and clearly
demarcated pedestrian entrances;-and by requiring that parking be located away from the .
streeta~P'\screened by landscaping. .".:... ! /
. ............... , -.....~, 'I. r /~
B. Applicability:an!l Procedure'. ':::" .' '.' :;
The standards of this Section apply to ali development in tti~ Mixed uSe Zone.
.. .,
C. MU ~one Site Plan Review Procedure ....., :.,
: ".,:.
L Prior to submitting a request for site plan review, the developerl11ust participate in a
pre-application conference with the Director of Planning and Community
Development or designee to discuss the application of the MU Site. Development
Standards to the subject property,
2. Review for compliance with the' standards and requirements of this Section will occur
concurrently and as a part of the site plan review process.
3. Alternative design solutions may be approved if it is demonstrated that the
alternatives meet the intent of this Section. .
D. Maximum Setback
For new MUiti-Family, Group Living, Commercial, and CiviC/Institutional buildings, no
portion of the first story of a principal building shaUbe set back more than 15 feet from
the front lot line. Buildings constructed prior to ... . . December 28; 2005.-...... are
exempt from this maximum. The setback area must be used for one or more of the
following purposes:
L Building facades that are recessed in accordance with the articulation standard in
subsection L, below; .
,..
S-,
~ . "'~ -'-\ Wl.c
2. BUiiding';;ntr~mces, including stoops, stairways and ramps;
3. Trees and landscaping;
4. Pedestrian plazas;
5. Arcades;'
6. Public art;
7. Sidewalk cafes.
E. Location and Design Standards for Surface Parking and Detached Garages for
Multi-Family, Group Living, Commercial, and Civic/Institutional Uses
1. Location
Surface parking, parking within accessory structures, and loading areas must be
located behind principal building(s) and concealed from view of fronting streets.
Parking and loading areas may not be located directly between a principal building
and the .street or within the required side setback area. Any portion of a parking or
loading area that is not completely concealed from view of a fronting street must be
screened to the 52 standard (See Figure 2C.3 and 2C.4, below).
\?~. (0:) ~ 3q
Figure 2C3 - LoaJtion of surface parking for properties with a 'single building
Street
Unacceptable
,x; "'
'Street
-
Acceptable
-.
~2~
'~'.~ ~/ ~-., ~,'~
Street
Acceptable"
/
>-'~, '/, ':,''', ~/'~
Street
Acceptable
figure 2C 4 - LoaJtion of parking for properties with multip/e buildings
Private rear lane ;~ .
/~,,-
.,
'k ,.V '''C'' .,., ,,-"-~ i-,' ..,~ _'",..:'
Street
>'~ ""'" 8>'" 91\>
Street
"
!
'"
;.0-- ..~_.-.::.
Acceptable .
-.
Acceptable
,x ,."" ..y~
'.
'.
.
,'..=
,"(/)
-.':
,...-, ~-'" ...;:; ~-...;
Street
Unacceptable
~... ~ .
,
2. Aisles and Drives
A non-hard surfaced drive or aisle may not be located closer than 3 feet to a lot line,
except at the point of access with a street, alley, or private rear lane. Hard-surfaced
drives must be set back at least 3 feet from any side or rear lot line, exCept under the
following circumstances:
a. The drives and aisles are pitched or curbed and drained to 'prevent the flow of
water onto adjoining property; or
~o
CYWoS--I....\~~io
~ . Iol ~ ~ q
--b:--Aarainageoourse has been established 'along lot lines to handle storm ~;-.
runoff; or
3.
c. Any specific location along a side or rear lot line where a drive is shared with an
abutting lot; or
d. At the point of access with an alley or private rear iane.
Landscape buffering
a. A buffer area at least 10 feet in width and landscaped to at least the 52
standard must be provided between any parking area and adjacent properties
and between any parking area and street rights-of-way (See Article 14-5F,
Screening and Buffering Standards). The CiW may exempt from this landscaping
requirement any specific locations along a side or rear lot line where a parking
area, aisle or drive is shared with an abutting lot.
b. A buffer. area at least 5 feet in width and landscaped to the 51 standard must be
provided between any parking area containing more than 8 parking spaces and
an adjacent alley.
/
c. No parking area or drive shall be c1oser,than,lO feet to any portion of a building
other than a garage entrance or loading area apron. This lO-foot area must be
used for walkways and'landscaping consisting of at'least 50 percent vegetative
coverage. If parking spaces are located where headlights of vehicles shine onto
a wall containing ground level windows, said parking spaces must be screened
from view of the w!nqows to at least the 52 standard.
.~
F. Building entrances for Multi-Family, Group Living, Commercial, and
Civic/Institutional Buildings
1.
}
'2.
For Residential Uses, buildings muSt have at least one door on the exterior of the
building that provides pedestrian access to dwelling units within the building. Access
to dwelling units must not be solely through a parking garage.
When a lot contains one principal building, the building must be oriented such that at
least one fa~ade faces a public or private street. The street-facing facade must have
at least one main entrance to the building, or may contain separate main entrances
to ground level dwelling units. If the building is located on a comer lot, only one wall
.. must meet this requirement. .
When a lot contains two or more principal buildings, the buildings must be oriented 'i'
towards a public street, private street, or interior courtyard. Any building with a ' ,
street-facing fa~de must have at least one main entrance oriented toward the street.
Buildings located interior to a lot must have main entrances that are clearly visible
. from interior private streets/drives or surface parking areas. .
Main entrances to a building, including main entrances to ground level Individual
" dwelling unitS must be clearly demarcated by at least one of the following means:
a. Recesses' ~ \ :. :'f
, I q : L "I\. ~
. b. Raised cornice or similar architectural features; . . . "
~ I l i "
c. Covered porch, canopy, or awning;
f ~
d. Transom and sidelight windows; -
: 1
e. Pilasters and pediment; . \
.1
f. Other significant architectural treatment that emphasizes main entrances.
Simple trim around the doorway does not meet this standard. .1' .
. '-, 1. ..
Patio-style doors, such as sliding glass doors, may not be used for main entrance
doors. ,'\~')
,
J
,.-".,....-'..,
3.
4;.
?
5.
6. To provide for the safety of residents, access to entrance doors of any IndiVidual
dwellings units located above the ground level must be provided from an enCloSed .
, lobby or corridor and stairwell. Unenclosed or partially enclosed exterior stairWells
, may not be used as the primary means of access to upper level units. This provision
does not preclude the use of fire. escapes. .' '.
7. A pedestrian circulation System must be provided'that conne,cts residential entrances
to adjacent public rights-of-way, and to parking areas and other on-site facilities.
._ ~,-' ------ jt " ~
~I
~
o--w.. OS.. <-t \ ~
~~.~~\3\\
--~-
----:;:-- ----
G. Building scale. for Multi-Family, Group Living, Commercial, and. I. '.'
Civic/Institutional Buildings 1.. \. \ J.
The width of the front facade of new buildings must be no'more than 40 feet. Buildings
may exceed this limitation if the street-facing plane 6f the building is broken irito':.' . .
horizontal modules that give the appearance of smaller. individual builclin~. E~c:h module
must meet the following standards:' . : '~ . \.~ '. .
. 't' ,. ~. i' ~.~'
1. Each module must be no greater than 30 feet and no less than 10 feet in width and
must be distinguished from adjacent modules by a variation in the wall plane of at
least 16 inches in depth. For buildings that are 3 or more stories in height, .the width
" ,I, - \
of the module may be increased to 40 feet. ' - ,
, . i,"
2. Each module must have a corresponding change in the roofline. '?
3. Each module must be distinguished from the adjacent module by at ieast one of the
following means: .. ! . 1 . ....
a. Variation in material colors, types or textures; . '.:. ,
b. Variation in the building and/or parapet ~eight;
.,
c. Variation in the architectural details such' as decorative banding, reveals, stone,
or tile accents;
, j' \
d. Variation in window pattern.
,
e. Variation in the use of balconies and recesses.
H. Balconies and exterior stairways, corridors and lifts for Multi-Family, GrouP.
Living, Commercial, and Civic/InstitUtional Buildings ,
Balconies and exterior stairwells, exterior corridors and exterior lifts must comply withithe
following standards: r
"
1. Exterior stairwells, exterior corridors, and exterior lifts are prohibited.
2. Balconies may not be located'on any side of a building that is adjacent to a property\
that is zoned Single Family Residential or that contains an existing Single Family Use~
Buildings that are set back at least 40 feet from any suCh property are exempt from '
this standard. . . ' "., ;
,. .
3. . The design 'of any balCony mu~ utilize c6lumns, piers, suppOrts, walls, and .railings
that are designed and constructed of ,naterials that are similar or complementary to
tile design and materials used for the rest of the building.,' '..
BUilding-materialS for Multi-FaniilYi'GtouP't(yiiig,'co~inerci~I,' a'nd
civic/Institutional Buildirigs':-<':" ~ 1.
. _ .r:~ I /
. I 1. , Buildings not constructed of masonry or ,stucco, must have the following trim .
elements i~corporated into ~e exterior design and construction of th.e bui':l!,']9'l~\
a. Window and door trim that is not less than 3 inches wide. .. ....... - .....
. ," . r .
b. cOrner boards that are not less than 3 inches wide, unless wood dapooards are
. , used and mitered at the cOrners. I . I' I;
C. . Frieze boards, not less than 5' incries wide, located below the eaves. ,1.1.
""'r\~' ........~-.z~...y..:1J.f', -,,';,..,'1i..:j;"-~'->:~r-'01:-f1Ei
FlgtJre2C5 _ Buildjng ';'~t~iiaI5~ jl.::: ._:~'" .,' r , j':
. ~_ ~ ," I '1 -'Ir'>--~*...'; I <.f
~.~ - .
. ! ~, ( II:',,'
.t
I.
y'
,
"'
,,~
-/..
,,..'
\
.
:; Masonry
b...
I.
I
,I:
Frieze board
f'
Window trim
, \
f;: ,
i. \
, .....'1
'\~h
....,'- ~ '"
...\
. .\
.'
I ,".
~~~.. ,...i:~/~- :".,~..J.1I~..,~."'"
-!.,
~~
_~. as"" - 4\ '\\''-0
C?j Io~~ ~n
2. Any portion of a building that is clearly visible from the kreet must be constructed
using similar materials and design as the fi-ontfac;ade. / .
J .' ,,~ 1
. 3. Exterior walls of buildings that- are not predo_minantly masonry or stucco,: must have a
durable base consisting of masonry, stucco, or dressed concrete that;extends at least
2-feet in height above grade. If the,base- consi~ of concrete, it muS): have a
decorative face. ;. \
4. Exposed, unpainted or unstaine<flumber may not be-used along any fa~e that
faces a street-side lot line.
5. Where an exterior wall material changes along the horizontal plane of a building, the
change must occur on an inside corner of the building.
6. For buildings where the exterior wall material used on the side of a building is a
different material than what is usedon.the street-facing wall, the street-facing .r'all
material must wrap around the corners to the sides of the building for. at leils1i 3 feet.
. .. ". '" . . .,~". ", .....,
7. Where an exterior wall material changes along the vertical plane of the building, the
materials must be separated by.a horizontal. band, such BS a belt course; soldieq; .
course, band board or other trim to' prbvide;a transition'fi-om one material,tJ th~_:
other. ~ . ,\ .1, .'1~ ",
1
r
Rgure 2C6 - Changes in exterior wall materials
, . " f
-=\L:.....:.'
-~ "
-',
I~
\
. <.~
f- "
".
r; ~ ;; .
"'"
''-I
" ~-:
.::~::~<".
.',
~~;' '1
'I"
I!
I
,
!
~
L
\
,~
\-- ",.
, .
J
I~Ct
.1
~ ~
. .
"
_~e
Acceptable
~, -~
Unacceptable ".
,j
:J.'... . (I.: ~~
r
J. Mechanical Equipment/Utility Meters I' q.~ - l:C'
, ~, ~~
1. In no case shall mechanical equipment or:utility meters be I.ocated along the. ~t
side of a buildingo\Mechanical structures f11ust be set back a.nd screened.!"cc9rding to
the applicable provisions set forth in Article 14-4C, A~cessory Uses and- ~uild[ngs.
2. Dumpsters and .recycling bins must be located in areiis that are not vlsible-mim public
st;eets and may not be located in a right-of-way. ;: .; ::. ~:';
K. Ground Floor Commercial Space
The following provisions apply to new buildings constructed for Multi-Family, Group Uvlng, .
or Commercial Uses. These proVisions provide the opportunitY foC/ground level commercial
uses by requiring buildings to be constructed in a way that is conducive forcommerdal
uses. :,These provisions do not apply to buildings that are constructed for Single Family
,and' Two-Family Uses and are not intended to prevent buildings constructed originally for
Single Family and Two-Family Uses from being converted over time to other uses allowed
in the MU Zone.
1. On the ground level floor, the floor to ceiling height must be at least 14 feet.
2. For the ground level floor of the building, construction must meet the Building Code.
specifications for commercial uses.
3. A'minimum of 50 percent.of the building fac;ade between 2 and 10 feet in height from
\ _the adjacent exterior grade must be comprised of windows and doors. Such windows
must allow views into the interior space or be storefront display windows that are set
,) .into the wall. Display cases attached to the outside building wall do not qualify. The
- 'bottom of such windows must be no more than 4 feet above the level of the adjacent
} sidewalk (See Figure 2C.2).
L.. Dri{,e"Through Facilities
" Drive-ttrrough facilities are not permitted in the MU Zone.
:, l' .
C,J
Cl-A..4 - ~- - <-4, \ ~ I.c
~. V-t~ 0~1
.
-_. ------------.
~ 'Olitc!ooi- Storage and Display -.-.-- - - .'
1. Outdoor storage and display areas are not permitted in the MU Zone, except for
, ,., 'approved Temporary Uses (see Article 14-40 of this Title) "
i.', 'The storage of combustible or flammable materials or liquids is strictly regulated
according to the provisions of Article 14-5H, Performance Standards, and according
to the International Rre Code, as amended. , I
i' ,_, ,~ . . . f '"
N. Singl,ll Fa.mily and Two Family Uses in the MU ZOne )
i , }:he f\l1l9win9 provisions apply to Single Family Uses and Two Family Uses in the MU Zone.
Two Family Uses and Attached Single Family Dwellings are also subject to the applicable
provisions contained in Article 14-48, Minor Modifications, Variances, Special Exceptions, .
;andP.J:ovisional Uses. If provisions of this subsection confiict with provisions in 14-48, the
-" provisil;ms of this subsection will apply. '
"".' - ,I. .,
'1." Garage entrances and/or off-street parking must be oriented toward and accessed
from a rear alley or private rear lane, if available. If an alley or private rear lane is not
available, then driveway aCcess is permitted from the street, provided the driveway
. -ld~ not exceed 12 feet in/width and any street-facing garage entrance is set back at
. 'least 20 feet further than the street-facing fa<;ade of the dwelling. The length of any
street-fadng garage wall that is visible from the street may not exceed 50 percent of
the length of the street-facing building fa<;ade, 'as measured along the same street
frontage. On corner lots, only one street-fadng garage wall must meet this standard,
,.',..' '!?" 5e!!. Rgure 2C.7 for some examples of acceptable garage placement.
figure 2C7 - Examples of garage placement in the MU Zone
)
.., "
'1 Ha- I r------,
I r------, I
I I I[JI I
,I I - I - .11 I
I I I II I
I I I m I \ I I
I I a"."
I I ItJl I
~ .-.....
I I I I ...
-
j I I '=" I '=": I
I I I I I
'I I I~ i'
" _--.J
c, , -'" --.
.
. fl, i' it
-. _,;11:.-
, If I..
. J} l~, 'I
2, Each dwelling unit must have a main entrance that is visible from and oriented
\.l',;toward the *eet. To meet this,standard the main ~ntrance must face the street, be
.:/)- ,at an angle of up to 45 degrees ,from the street, or,open onto a porch. The main
. entrance may not face an alley. . i .
3. At least 15%,of any street-facing fa<;ade must ,be,windows or pedestrian entryway
doors. Wln'dows in garage doors do-not count towards meeting this standard, but
windows in a garage wall do'diunt towards meeting this standard.
., 1
14-2C-10 5 ecial Provisions
/
~A.
",::;,,-" -:7
\ Ilistoric Preservation Exception Ii'
The Board of Adjustment may grant a special exception to waive or modify any
. .
dimensio~al or site,dev~lopment standardsli~ in this ~cle or in Chapter 14-5 or any
'approval criteria liSted In Article 14-48 6fthis;oTitle that would prevent-use or:occupancy of'
a property designated as an Iowa City Landmark or registered on the National Register of
Historic Places. In addition to the general special exception approval criteria set forth in
Article 14-48, the following approval criteria must be met:
",
1. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
2. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
~1j
0"'-<.1 - () s- - <-t I ~ ("
<?~, ~&-~ ~q
---~---
B. Highway Commercial lOne exemption
.1. Oairy products processing and packaging facilities established in the Highway
. Commercial Zone prior to January of 1983 are to be treated as a conforming use and
as such may continue. Such a facility must otherwise comply with ali the
requirements and regulations of the Highway Commercial Zone and other applicable
.- ). :,'r - regulations of this Title.
2. If an existing dairY products prckessing and packclging facility, as described in the
preceding paragraph, is discontinued for a period of one year, such facility will lose
11..> ,. '.. .
.-, .... the conforming rights granted in the preceding paragraph and must be converted to
I . 1. ,.:- a use that is aliowed in the CH-1 Zone, according to Table 2C-1 of this Article,
Prindpal Uses Allowed in Commerdal Zones. The dairy products processing and
packaging facility will be deemed "converted" when the existing use is terminated
;, ," ~, qnd a new use commen~s and continues for a period of seven consecutive days,
;" 1 'f~; ~, I .il
(,-
~ t
,Article D. Industrial.and Research Zones
1 .r i
14-20-1 Establishment and Intent of Industrial and Research Zones
,
The fuli names, short names, and map symbols of the established Industrial and Research
Zones are listed below. When this Title refers to Industrial Zones it is referring to the General
Industrial Zone (1-1) and the Heavy Industrial Zone (1-2) listed below. When this Title refers to
the Research Zones, it is referring to the Research Development Park Zone (ROP) and the'
Office Research Park Zone (ORP) listed below.
A. General Industrial Zone (1-1)
The purpose of the General Industrial Zone (1-1) is to provide the opportunity for the
development ot'most types of industrial firms. Regulations are designed to protect
adjacent development. .
!
B. Heavy Industrial Zone (1-2)
The purpose of the Heavy Industrial Zone (1-2) is to provide for heavy or intense
industries. The Zone is designed primarily for manufacturing and fabrication activities,
including large-scale or specialized operations having external effects that could impact
adjacent less intense commercial or industrial uses.
C. Research Development Park Zone (RDP) 1
The purpose of the Research Development Park Zone (ROP) is to provide areas for the
i' , development of office, research, production or assembly firms and other complementary
. I: "uSes.Office andnisearch uses should predominate in the Zone. The requirements of this
- iZlme protect uses.ln this Zone from adverse impacts of uses on adjacent land. Hotels,
l.1 I l,l'!lpt!!lsiand similar ,uses should be lC\Cilted along the periphery of the Zone or in locations
that do not adversely affect the setting and quality of other development for the uses
permitted in the Zone. .
.D. Office Research Park Zone (ORP)
'. -, 'The purpose of the Office and Research Park Zone (ORP) is to provide areas for the
.,development of large_office and research firms and other complementary uses. The
requirements of this zone protect uses in the zone from adverSe impact of uses on
adjacent land and protect adjacent more restrictive uses. Hotels, motels and similar uses
should be locattid along the periphery of the Zone or in such other locations that do not
adversely affect the setting and quality of development for the permitted uses of this
Zone.
~
..
,iI
~-"'-"-...""""'" ~ &.p 1t1l":a,:t - ..............................-_---~ ~;"l~" --...
~5-
<:?~- lo~ ~ ~ q
~. os - 4lS'fo
....-----~-~ -~
14-20-2 Land Uses Allowed
A. Determining the Principal Uses Allowed
. ,1. Table 2D-1 indicates whether a principal land use is permitted (P), allowed with
provision~(PR), pr allowed by special exception (5) in a particular industrial or
research park zone. A number. in brackets, such as [1], indicates that a special
provision applies. See Table Notes for more information.
2. . Specific land uses are grouped into the categories and subgroups listed in the table.
For example, a firm that specializes in developing'computer software is classified as
Technical/Light Manufacturing. To find out how a specific land use is categorized see
Article 14-4A, Land Use Classification.
3. Provisional uses are allowed, subject to the additional requirements contained in
.' flrtide 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses.
4. Uses listed' as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-4B along with specific approval criteria for most spedal exception uses,
B. Accessory Uses Allowed
Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
Buildings.
Table 20-1 - Princi al Uses Allowedin Industriallill1dResearchZones
USE CATEGORIES SUBGROUPS 1.1 1-2 RDf ORP
Commercial Uses
Commercial Outdoor
Recreational Uses Indoor. S S
Office Uses General Office P P
MedicalfDental Office P P
Retail Uses Sales-oriented
Personal ServiCEH)riented
, Repsir-oriented
Has itali -Oriented Retail S S
Outdoor Storage and Display-
oriented
Industrial Uses
Industrial Service Uses P P
Manufacturing and Technical!Li ht Manufacturin P P P P .
Production Uses General Manufacturina PR P
He. Manufacturin S P
Salva e 0 erations S
Self-Service Storage P P
Uses
Warehouse and Freight P P PR PR
Movement Uses
Waste-Related Uses PR PR
Wholesale Sales Uses P P PR PR
Institutional And Civic Uses
Basic Utilitv Uses PR PR PRlS PRlS
Colleges and Public
Universities Private S S
Community Service General Commun" Service S
Uses Community Service - Shelter
Da care Uses PR PR
Parks and Open Space PR PR
Uses
Other Uses
Aviation.related Uses Airports
Helico ter Landin Facilities S S S S
Extraction Uses PR
Communication PR PR S S
Transmission Facility
Uses
P = Permitted PR = Provisional S = Special Exception
,~
~. os -4\,? lo
_._-~---~ -------
~_ C?j ~_~~ ~ "3 (-,
I
I
14-20-3 General Provisions .
'"I
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title and, if applicable, the Overlay Zone
provisions contained in Chapter 14-3. Said Chapters are indicated as follows:
A. Overlay Zones
1. Planned Development Overlay
See Article 14- 3A.
.- ,~~.,.
2. Historic District and Conservation District Overlay
~" See Article.14-3B. ~ - -"~. .
3. Design Review
See Article ,14: 3C.
B. Use Reg!llations
.1;/M"lnor Modifications, Variances, Special Exceptions and Provisional Uses
- See Article 14-4B.
2. Accessory Uses and Buildings .
See Article 14-4C. "'"
3. Temporary Uses
See Article 14,4D.
4. Nonconfonning Situations
See Article 14-4E.
~
----
C. Site Development Standards
1. Off-Street Parking and Loading Standards
See Article 14-5A.
2. Sign Regulations
See Article 14-5B.
3. Access Management Standards
See Article 14-SC.
4. Intersection Visibility Standards
See Article 14-5D.
5. Landscaping and Tree Standards
See Article 14-5E.
6. Screening and Buffering Standards
See Article 14-5F.
7. Outdoor Lighting Standards
See Article 14-5G.
B. Performance Standards
See Article 14-5H.
9. Sensitive Lands and Features
See Article 14-51.
10. Flood Plain Management Standards
See Article 14-5J.
11. Neighborhood Open Space Requirements
See Article 14-5K.
14-2D-4 Dimensional Re uirements
The dimensional requirements for the Industrial and Research Zones are stated in Table 2D-2,
located at the end of this Section. The following subsections describe in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional requirements not specified in
Table iD-2.
A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requirements are intended to ensure that a lot is of
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this
Title can be met.
-'
'-
.,
~-':I
""
/'7
~
-------
\?~~~ \ 3q
Q-\..I . Cl S- - ~ \ ~ I.,
2.
Standards
Generally' the minimum lot area and width standards for the various Industrial and
Research'Zones are stated fn Table 20-2, located at the end of this Section. The
industrial zones do not have minimum lot size, width, or frontage requirements in
order to provide opportunities for industrial businesses of all types and sizes to find
appropriate locations within the City. The Research Zones have large minimum lot
sizes in order to provide the opportunity for land-intensive industrial/research firms to
locate within the City, and, in the case of the ORP Zone, to preserve a'81mpus-like
setting.
MlhI!llUm Lot Sizes for Specific Land Uses.
. ,
a. Provisio'nal Uses and uses allowed by Special Exception may have specific lot
, size requirements not specified in Table 20-2. Approval criteria for these uses
. 'ar~:a.ddressed in Art\c1e 14.4B, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses.
b. Ifa minimum lot size is specified within a zone for a particular land use,
,whether Permitted, Provisional or a Special Exception, that use may not be ..
. established on a smaller lot, even if smaller lots are permitted in the subject
" base zone, except as permi~ed under Article'14-4E, Nonconforming Situations.
"
3.
B. Minimum Setback Requirements
1. Purpose
The minimum setback requirements are intended to:
, AI
a. Maintain light, air,. separation for fire protection, and access for fire fighting;
b. Provide opportunities for privacy between buildings; T
c. Promote a reasonable physical relationship between buildings; al1d
d. Provide flexibility to site a building so that it is compatible with buildings in the
vicinity.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in the Industrial and
Research Zones are stated in Tabie 20-2, below. The minimum setbacks for principal
buildings create required setback areas within which principal buildings are not
allowed, except for certain building features as specified in this subsection.
3. Specific Setback Requirements
The following subparagraphs contain setback requirements for the Industrial and
",' Research ZonesJhat appiy in specific situations.
a.' Side and Rear Setbacks .
If a side or rear setback is provided where not required, the side or rear setback
must be at least 5 feet. Additional setbacks may apply if the property is,in
proximity to a Residential Zone. See subparagraph d., below.
b. Lots with Multiple Frontages
,.
~,b
(1) On corner lots, no building, structure or,planting, unless specifically
exempted, may be located within the Vision "Qiangle, as set forth in Article
14-50, Intersection Visibility Standards. ", . .
. . (2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equai to the required front setback must be provided
along all streets and soch setback will be considered a front'setback for
purposes of this Title. 'C.
c. Lots with Multiple Buildings
The principal buildings on a lot must be separated by a horizontal distance of at
least 10 feet. Proximity of building walls will be subject to all current Building
Code fire protection requirements.
d. Lots in Proximity to a Residential Zone
. Where a side or rear lot line for a lot in an Industriai Zone abuts a Residential
Zone, a setback at least equal to.the required setback in the abutting Residential
Zone must be provided along the Residential Zone boundary. In addition, any . \
I
building containing an Industrial Use must be setback at least 100 feet from any
. ResideDtial Zone boundary.
'.
~i1
~, OS -L\\ 1?\c
C?~:1o '\ ~ '0l1
t
-----
4. Building Features Permitted Within the Required Setback Area
The following building features may extend into the required principal building
setback area specified subject to'the conditions indicated and provided that location
of such a feature does not violate the provisions of Article 14-50, Intersection
Visibility Standards. The setback regulations for detached accessory structures and
structures not considered part of the principal building are addressed in Chapter 4,
Article C, Accessory Uses and Buildings.
a. Awnings, uncovered balconies, bay windows, belt courses, buttresses, canopies,
chimneys, cornices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
. setbacks. Except for balconies, bay windows, and chimneys, all such projecting
:building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at least 2 feet from any side lot,. "
line .....ll.. , _ < .........,.1
. .,\. fl . j.
b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone. The standards for uncovered decks and patios are specified in Article 14-
4C, Accessory Uses and Buildings. Covered porches, covered decks, and
covered patios that are attached to an accessory building must comply with the
standards for accessory buildings as specified in Article 14-4C, Accessory Uses
and Buildings.
c. Fire escapes may extend into any setback, provided they do not extend more
than 3-1/2 feet into any side setback.
d. Stoops and wheelchair ramps that function as a means of access to the ground
or first fioor of a dwelling unit may extend into the rear setback, up to 8 feet
into the required front setback, and into the side setback, provided, they are
setback at least 2 feet from any side lot line. In cases where due to topography
or other site characteristics, a wheelchair ramp cannot meet this standan;l, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
5. Adjustments to Principal Building Setback Requirements
. 'a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor
, Modifications contained in Article 14-4B.
b. A Special.Exception may be requested to reduce principal building setback
requirementsbeyond:what is allpwed by Minor,Modification. The Board of
Adjustment may a'djust setback requirements if the owner or lawfui occupant of
a property demonstrates that.the general special exception approval criteria and
the following specific approval criteria have been satisfied:
"~.'
c.
(1) The situation is peculiar to the property in question;
"
. (2) There is practical difficulty in complying with the sethack..r:equirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regulations; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical. .
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open space.
Height Standards
1. Purpose
The height regulations are intended to promote a reasonable building scale and
relationship between buildings; provide options for light, air, and privacy; and
discourage buildings that visually dominate other buildings in the vicinity.
2. Standards
Generally, the maximum height standards for principal structures in the Industrial
and Research Zones are stated in Table 20-2. This table is located at the end of this
Section. Height standards for accessory buildings are addressed in Article 14-4C,
Accessory Uses and Buildings. '
'1
c
I
,
I
~.l~ ,\3\1
~. c,S--4\ 'i?~
3. Exemptions n.. .--
If allowed in the subject zone, the following structures or parts thereof are exempt
from the maximum height standards, provided an increase in height does not conflict
with Chapter 6 of this Title, Airport Zoning.
a. Chimneys or flues.
...
b. Spires on religious or other institutional. buiidings.
,
c. C~polas, domes, skylights and qther similar roof protrusions not used for the
purpose of obtaining habitable floor space.
d; Farm structures, including barns, siios, storage bins and simiiar structures when
accessory to an allowed Agriculture Use.
e. Flagpoles that extend not more than 10 feet above the height limit or not more
than'S .feet above the highest point of the roof, whichever is less.
f. Grain' elevators.
Parapet or fire walls.
Poles, towers and other structures accessory to a Basic Utility Use, such as
street lights and utility poles.
. i. . If allowed in the subject zone, Basic Utilitles and Communication Transmission
.: Facilities are exempt from the base zone height standards, but are subject to
any limitations set forth in Article 14-4B.
j. Roof structures, including elevator bulkheads, stairways, ventilating fa~s,
cooling towers and simiiar necessary mechanical and electrical appurter~n,ces
required to operate and maintain the building. ' . - ..
} . ~
Stacks. '("..' . .
I.Jl,
g.
h.
4.
k.
I. Storage tanks and water towers.
m. Television antennae and simiiar apparatus.
Adjustment of Maximum Height Standards
a. The maximum height for a principal buiiding may be increased, provided that for
each foot of height increase above the height standard, the front, side, and rear
setbacks are each increased by an additional 2 feet, and provided that an
increase in height does not conflict with the provisions of Chapter 6 of this Title,
~ " S' \"1' .
Airport Zoning. .' ' < I. .
~ .' to.... ..-,. -..
b. A Minor Modification may also1Je requested to adjust the maximum height for a
particular building or property according to the procedures and appr'Oval criteria
for Minor Modifications contained' in Article 14-4B: ,. ',' ',t. u. .
'\ . Z r I . ~
....it
D. Maximum Lot coitera~~ Standard~ .' \ . ~ '. ..
1. Purpose ' , " .' c
The maximum lot coverage standard helps to define the character of zone .by, Iil'!ljtirg
the iand area that can be covered by buiidings. These standards work in conjunction
with the minimUln lot requirements and height standards to determine how'bDiit'\ip
',u ~'I" ,.
an area appears. . ~ 1'~" Ii\. ," " lh .-1~
2. Standard . . 1,... ' ,- 'I, '"
The maximum lot coverage ~ndards for the Industrial and Research Zones are, I'
stated in Table 20-2, located at the end of this Section. The maximum lot,coverage::
standard establishes the percentage of the total area of.a lot that can be covered by
buiidings. The total footprint of all buiidings on the property, including both principal
and accessory buiidings, is used to calculate the lot coverage. I, ~' :i
\
,
\
\
\
I
r
.
,
(0
1-1. "'-..none
"'- """-'
1-2 none none none 100 01 ot 45 none
RDP 1 acre none none 201 01 01 45 50 ..
ORP 7 acres non,e none 150:, 100' 100 'none J'none
Notes: ~'1 ' t;,. , ',-' .' " .
1 A setback is not required where a side or rear lot line abuts a nonresidential zone. However, where a side or rear lot line aputs a
Residential Zone. a setback at least equal to the required setback in the abutting Residential Zone must be provided along the
Resklenti~ Zone boundary. In ~ition. any building containing an Inguslrial Use must be setback at least 100 feet from:any
Resiclenpal Zone boundary. '
L _
~. O.s;--4.\ '1?~
~ ,\\'\ ~\l
noQe
'45
,..1
nooe
:. ~ none...,
.S
~
)
"
J i
14-20-5 Industrial and Research Zone 5ite Oevelo ment Standards
"
.,
\ ~: .
Purpose ','., , "1'
The Industrial and Research Zone Site Development Standards ensure that indust~ial uses
and parking areas are set back and screened from view of dissimilar uses and that" on-site
storage of materials is handled in a safe manner. ' ','
'~\ )~::
B. 'Applicability. _:1 \ I i
The standards of this Section apply to all development in the 1-1, 1-2,. RDP, and ORP
Zones, unless specifically exempted, " ..... "l; f.. ,.~
l t,IJr!.
C. Site Plan Review Procedure " I) T~ .. ~
Review for compliance with the standards and requirements of this Section will occur as a
part of the site plan review process.
_. ... ",,.. .
D;~ack..$tandards f!lr'pa~i~gandJ-C!'IdingA~aL _\._ ' : ~, \"!\ ..,. ' ,
!---~.....--j ':' ....t". "C;O. t.~h' "'.;;;,.......-"l~~..;. - in:~l".:J?r!1::t32n~
. 1. Fronhetback,requlremenl:S'-" '0",,' .,___' _ ,_ __.._. , ' .n _...~..'..-,~_..
:"'_ 'r (.. :~
a. . In the-ORP Zone, parking and loading areas must be set back at least '156 feet' ;"
~.. ..", ,. " _'. . ",... _ ... ": _ '. __it/< _..'~...
. from' any front or street,side lot line, However, up to.10 percent of the, required '2
"parking spaces may encroach within that setback, but may be located np;cl~~'r: ~;
than 50 feet to a street ,- ,,;.. ''''
t, .1''- ....),;, >(;-
b. In the 1-1, 1-2, and RDP Zones, parking and loading areas must be~t b~~~~~_t-:,,!~'
least 10 feet from any front and street-side lot lines, However, any parking '. : ,;,
spaces and aisles located within 50 feet of a Residential Zone boundary must be jl
set back at least 20 feet from any front and street-side lot lines. , . , 'J.
Side and rear setback requirements. . ....,. :: ..::
Parking areas and loading areas must be setback at least 5 feet from any. (non-street-:; "
side) side or rear lot line, However, parking areas, loading areas, 'aisles and drives ,.,
must be set back at least 10 feet from any side or rear lot line thatabuts a'property .",
zoned Residential. The City may exempt from these setback regulations any specific ,.. '
locations along a lot line where a parking area, aisle or drive is shared with an
aputting lot. . .. ~, i" '1 '
Dlwes ' " "t .~::,:;". {~;~L'.:
a. Drives that are internal to a parking area; including drives that provide' I, \; ..,.(
1 circulation around the perimeter of a parking area are considered part of ttie .,'"
< parking area and must meet the setback standards as specified above. Drives"jl.'
that are external to a parking area must be setback at least 3 feetfrom any':
abutting property that is zoned non-residilntial, unless the drive is pitfhed qr . .
curbed and drained to prevent the flow of water onto adjoining property or
unless a drainage course has been established along lot lines to handle storm' .
water run-off. Any specific locations along a side or rear lot line where a drivei~
shared with an abutting lot may be exempted from these standards.', '
b. Drives must be set back at least 10 feet from any abutting property that is
zoned Residential. . . 1 ! ! . ~ "
A.
,
,
I"
<
-,
2.
,
I
~
i
3.
..
~I
~. 0-5--~\'iS ~ b. \~\ '3\1
E. Screening R~quirements ~ . :; , - l
1. Parking areas, loading areas, and drives must be screened from view along. arterial J:.
street rights-of-way to at least the 52 standard (See Article 14-SF, Screening and
Buffering Standards). . ':
2. Where a lot occupied by a Commercial or Industrial Use abuts or is acroSs a street or
railroad right-of-way from a Residential Zone, Daycare Use, Educational Facility,
Parks and Open Space Use, or the Iowa River, any parking and loading areas and
outdoor work and.storage areas must be located behind buildings or screened from.
view of said uses and zones to at least the 53 standard: . . ,. "
.. ' .. I ',' l '~J .
3. Any above-ground storage tanks must. be screened from pubiic view to at least.the
53 standard. . :,.,;
4. Screening may be waived by the Building Official where the view is or will be blocked
by a change in grade;or by the natural or human.-made features as determin~Q,.by
the Building OfficiaL., .t.
. \
5. Screening requirements may be waived by the Building Official upon presentatiori of .
convincing evidence that a planting screen cannot be expected to thrive in a ,_-t
particular location becaUse of intense shade, soil q:mditions, or other site . I
characteristics. The presence of existing pavement, by itself, shall not constitute
convincing evidence. If ai!andscape screening requirement is waived by the Building.
Official because plantings Cannot be expected to survive, a fence or wall built to the
55 standard must be substituted for the landscape screening. '
\ . . ' C,:
F. Outdoor Storage, .
.
1. Outdoor storage of materials and equipment is allowed.in all Industrial and Research
Zones, provided it is concealed.trom pubiic view to the extent possible. If it Iscnot
,
feasible to conceal the storage areas behind buildings, \the storage areas mUstlle .
setback at least 20 feet from anypubiic right-of-way, including pubiic trails an9~open
space, and screened from view to'?t least the 53 standard (See Article 14-5F,."
Screening and Buffering Standards~ If a fence is built around the storage area, .the .
required screening must be 10cated'Detween the fence and the public right-of-way..
\1 , , ../
2. All outdoor storage areas that are 10C'\ted along a side or rear lot iine that does not
abut a public right'of-way must be set'llack at least 10 feet from said lot iine and
screened from view of the adjacent prO\)erty to at least the 53 standard. If a fence is
built around the storage area, the required screening must be located between the
fence and the adjacent property.
3. The landscape screening requirement for outdoor storage areas may be waived by
.the Building Official upon presentation of convincing evidence that a. planting screen
cannot be expected to thrive because of intense shade, soil conditions, or other site
characteristics. The presence of existing pavement, by itself, shall not constitute
convindng evidence. If the landscape screening requirement is waived by the
Building Offidal, a fence built to the 55 standard must be substituted for the
liln~scape screening.
4. The storage of combustible or ftammable materials or iiquids is strictly regulated
according to the provisions of Article 14-5H, Performance Standards and according to
the International Fire Code, as amended.
.-<--
,.
Article E. Interim Development Zones
I
14-2E-l Establishment and Intent of the Interim Develo ment Zones
The full names, short names, and map symbols of the estabiished Interim Development Zones
are iisted below. When this Title refers to Interim Development Zones, it is referring the zones
iisted below. .
I~
~os- -w,\ '81(,
%,~3\ 0q
A.- PurpoSe : .
The plirPo~ of the Interim Development Zone (ID) is to provide for areas of managed
growth in which agricultural and other non-urban uses of land may continue until such
time as the Oty is able to provide City services and urban development can occur. The
Interim Development Zone is the default zoning district, to which all.undeveloped areas
should be classified until City services are provided. Upon provision of Oty services, the
Oty or the property owner may initiate rezoning to zones consistent with the
Comprehensive Plan, as amended.
B. Zone Designations
ID designations consist of Interim Development Single Family Residential (ID-RS), Interim
Development Multi-Family Residential (ID-RM), Interim Development Commercial (ID-C),
Interim Development Industrial (ID-I) and Interim Development Research Park (ID-RP), to
reflect the intended future use of the property according to the Comprehensive Plan, as
amended.
14-2E-2 Determinin the Princi al Uses Allowed
A. ,Detennining the Principal Uses Allowed
1. Table 2E-l indicates whether a principal land use is permitted (P), allowed with
provisions (PR), or allowed by special exception (S) in the Interim Development
Zones.
2. Specific land uses are grouped into the categories and subgroups listed in the table.
For example, a kennel is classified as an Intensive Animal-Related Commercial Use.
To find out how a specific land use is catego~ized see Article 14-4A, Land Use
~ 1
,. .<::iassification.
J
3, Provisional uses are allowed, subject to the additional requirements contained in
. ~ Article 14-46, Minor Modifications, Variances, Special Exceptions, and Provisional
,. . Uses,
,
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board'of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-46 along with specific approval criteria for most special exception uses.
B. Accesso!y Uses Allowed
RegulatIOns pertaining to accessory uses are stated in Article 14-4C, Accessory Uses and
/iiuildings. -
?? ,
/ ~ -I .
- /
~~able2E~1 . Prine! II' Uses Allowed In Interim Develo mentZones
,USE CATEGORIES SUBGROUPS lo.RS ID-R~ IO..c ~ ~ID-I ~ ..JD-RP... ~......." _ ...lo..
Residential Use.
Household Living Uses. I Detached Single Family Dwellings I PR "
Commercial Uae8 .
J
I PR
1 PR
I PR
I PR
Animal-related General PR, PR PR PR PR
Commert:ialUses Intensive PR PR PR PR PR
Commercial Outdoor-oriented S S, S S
Recreational Uses S
Institutional And Civic Uses
,
Basic Utilitv Uses - PRlS PR PRlS
Parks and Open Space PR PR PR PR PR
Use.
ReligiouS/Private S PR PR
Group Assembly Uses
Other Use.'
Agricultural Uses Plant-related . P P P P P
. AnimaJ-related PR PR PR PR PR
Communication, ,
Transmis;sion Facility PR PR PRlS PR PRlS "
Uses
14-2E-3 General Provisions
All principal and accessory uses allowed in this Zone, whether allowed as a permitted,
provisional or special exception use, are subject to the Use Regulations and Site Development
Standards contained in Chapters 4 and 5 of this Title, and if applicable, the Overlay Zone
provisions contained in Chapter 14-36. Said Chapters are indicated as follows:
IJ
~. OS--4\'8~
~~ ,'lL\~ ~n
A.
B.
OVeiiay Zones
1. Historic District and Qnservation District OVerlay
! see Article 14-38.
, ,-
2. Design Review
See Article 14- 3C.
Use Regulations
1. Minor Modifications, Varlances, Special Exceptions and Provisional Uses
See Article 14-48.
2.' Accessory Uses and Buildings
See Article 14-4C.
3. Temporary Uses
: See Article 14-40.
4. Nonconfonning Situations
I . See Article 14-4E.
Site Development Standards
1. Off-Street Parking and Loading Standards
. See Article 14-SA.
2. Sign Regulations
, See Article 14-S8.
3. 'Access Management Standards
See Article 14-SC.
4. Intersection Visibility Standards
See Article 14-SD.
S. landscaping and Tree Standards
. Not applicable. '
ii. : 'SC~ning an.d Buffering Standards'
. See Article 14-SF.
7; Outdoor Lighting Standards
See Article 14-SG.
8. , Perfonnance Standards'
1 See Article 14-SH.
9. . sensitive Lands and Features
: See Article 14'SI.
10.. Flood Plain Management Standards
. See Article 14-SJ.
, .
11. Neighborhood Open Space ReqUirements
, See Article t4-SK.
c.
14-2E-4 Dimensional Re uirements
The dimensional requirements for the Interim Development Zones are stated in Table 2E-2,
located at the end of this Section. The following subsections describe in more detail the
regulations for each of the dimensional requirements listed in the table. Provisional Uses and
uses allowed by Special Exception may have specific dimensional" requirements not specified in
Table 2E-2. Approval criteria for these uses are addressed in Article 14-4B. Dimensional
requirements may be waived or modified for developments approved through the Planned .
Development process (See Article 14-3A, Planned Development Overlay) or through the Historic
Preservation Exception as outlined in the Speciai Provisions Section at the end of this Article.
A. Minimum Lot Requirements
1. Purpose
The minimum lot area and width requireinents are intended to ensure that a lot is of
a size, width, and frontage that is appropriate for the uses permitted in the subject
zone and will ensure, in most cases, that the other site development standards of this
Title can be met.
2. .Standards
Generally, the minimum lot area and width standards for the Interim Development
. _ _. _ Zones are stated in Table 2E-2, located at the end of this Section.
,.
,
,
'I<{
~ . as--,-\:\ '\?lo
~~ .\\)~ '3(1
3. Minimum Cot Sizes for Specific Land Uses. - --- - -_.__
Provisional Uses and uses allowed by Special Exception may have specific lot size
requirements not specified in Table 2E-2. Approval criteria for these uses are
addressed in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and
Provisional Uses.
B. Minimum Setback Requirements
1. Purpose
The minimum setback requirements in the Interim Development Zones are intended
to ensure that any development that occurs in the interim will be compatible with the
setbacks for future pevelopment of the property once city services are p(ovided and
the property is rezoned according to the Comprehensive Plan. The setback
requirements also promote a reasonable physical relationship between development
in the Interim Development Zone and other adjacent zones.
2. General Setback Requirements
Generally, the minimum required setbacks for principal buildings in Interim
Development Zones are stated in Table 2E-2, below. The minimum setbacks for
principal buildings create required setback areas within which principal buildings are
not allowed, except for certain building features as specified in this subsection.
3. Specific Setback Requirements
The following subparagraphs contain setback requirements that apply in specific
situations.
a. Setbacks A'ong Arterial Streets
(1) On lots platt~d after December 31, 1983, a minimum 40-foot front setback
is required along any lot line that abuts an arterial street or future arterial
street as shown on the Iowa City'Arterial Street Map, located in Article 14-
. 5C, Access Management Standards.
(2) If a lot is located along an arterial street that is substandard with regard to
the width of the public right-of-way as specified in Title 15, Subdivisions,
then the minimum 40-foot front setback along said street is increased by
the number of additional feet that will be required for future upgrade of
said street to City standards. Lots platted prior to December 31, 1983 are
exempt from this requirement.
b. Side and Rear Setbacks in All Zones
In all Interim Development Zones, if a side or rear setback is provided where
not required, the side or rear setback must be at least 5 feet.
c. Lots with Multiple Frontages
(1) On corner lots, no building, structure or planting, 'unless specifically _
exempted, may be located within the Vision Triangle, as set forth in Article
14-50, Intersection Visibility Standards.
(2) If a lot fronting on two or more streets is required to have a front setback,
a minimum setback equal to the required front setback must be provided
along all streets and such setback will be considered a front setback ~r _' _ ~
purposes of this Title. -
d. . Lots with Multiple Buildings
- ~~ The principal buildings on the:lot must be separated by a horizontal distance
that is equal to the height of the highest building. Proximity of building walls will
be subject to all current building code .fire protection requirements.
e. Lots Adjacent to a Residential Zone
Where a side or rear lot line for a lot in a Interim Development Zone abuts a
/ Residential Zone, a setback at least equal to the required setback in the abutting
Residential Zone must be provided along the Residential Zone boundary.
4. Building Features Permitted Within the Required Setback Area
The following building features may extend into the required principal building
setback area specified subject to the conditions indicated and provided that location
of such a feature does not violate the provisions of Article 14-50, Intersection
Visibility Standards. The setback regulations for detached accessory structures and
structures not considered part of the principal building are addressed in Article 14-4C,
Accessory Uses and Buildings.
IS'"'
~. oS"-4\'ii'lc,
~.l~\ Jq
a. Awnings, uncovered balconies, bay windoWs, belt courses, buttresses, canopies,
chimneys, comices, sills, and other similar features that extend beyond the wall
of a principal building may project up to 6 feet into the required front or rear
setbacks. Except for balconies, bay windows, and chimneys, all such projecting
building features may extend up to 3 feet into the required side setback.
Balconies and bay windows may not extend into the required side setback.
Chimneys may extend up to 2 feet into the required side setback. Projections
from the principal building must in all cases be at h~ast 2 feet from any side lot
line.
b. Covered porches, covered decks, and covered patios that are attached to the
principal building must comply with the principal building setbacks of the base
zone. The standards for uncovered decks and patios are specified in Article 14-
4C, Accessory Uses and Buildings. Covered porches, covered decks, and
covered patios that are attached to an accessory building must comply with the
standards for accessory buildings as specified in Article 14-4C, Accessory Uses
and Buildings. .
c. Fire escapes may extend into any setback, provided they do not extend more
than 3-1{2 feet into any side setback.
d. 'Stairways that function as the principal means of access to dwelling units
located above the ground or first floor of a building may not extend into any
required setback.
e. Stoops and wheelchair ramps that function as a means of access to the ground
or first floor of a dwelling unit may extend into the rear setback, up to B feet
into the required front setback, and into the si!1e setback, provided they are
. setback at least 3 feet from any side lot line. In cases where due to topography
or other site characteristics, a wheelchair ramp cannot meet this standard, a
Minor Modification may be requested according to the approval criteria and
procedures for Minor Modifications contained in Chapter 4, Article B of this Title.
. 5. Adjustments to Principal Building Setback Requirements
a. A Minor Modification to reduce principal building setback requirements may be
requested according to the approval criteria and procedures for Minor .
Modifications contained in Article 14-4B.
b. A Special Exception may be requested to reduce principal building setback
requirements beyond what is allowed by Minor Modification. The Board of
Adjustment may adjust setback requirements if the owner or lawful occupant of
a property demonstrates that the general special exception approval criteria and
the following specific approval criteria have been satisfied:
(1) The situation is peCUliar to the property in question;
(2) There is practical difficulty in complying with the setback requirements;
(3) Granting the exception will not be contrary to the purpose of the setback
regul~tions; and
(4) Any potential negative effects resulting from the setback exception are
mitigated to the extent practical.
(5) The subject building will be located no closer than 3 feet to a side or rear
property line, unless the side or rear property line abuts a public right-of-
way or permanent open space.
C. Minimum Building Width
1. Purpose
The minimum building width requirements promote a reasonable building scale and
reiationship between dwellings in a neighborhood.
2. Standards
The minimum building width requirements for residential structures in the Interim
Development Zones are stated in Table 2E-2. A building must be in compliance with
the specified minimum building width for at least 75 percent of the building's length.
'l(,
Ch...J .0 s - ~\ '6 \0
~~. "\\\ 0\1
- ~-_._-_..
Table 2E.2: Dimensional Requirements lor !he Interim Deveiopment Zone.
Minimum Lot Requirements Minimum Setbacks
Total Are. Width Min.
(s.l.) (ft.) Fl'Omag~
Iftl
10acres1 80 40
Notes:
lln areas designated ID-RS, Detached Single Family Dwellings may be developed on minimum lot areas of 5 acres according to
the applicable provisions in Article 14-48.
2 Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story.
3 A building must be in compliance 'With the specified minimum building width for at least 75 percent of the building's length.
14-2E-5 Maximum Occu anc for Household Livin Uses
The residential occupancy of a Household Living Use Is limited to one "household" per dwelling
unit, as this term is defined in Article 14-9A, General Definitions.
14-2E-6 S ecial Provisions
A. Water and Sewer Facilities
All uses must provide approved private water and sanitary sewer facilities until such'time
as the City extends services to the area.
B. . Historic Preservation Exceptions
1. The Board of Adjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this Article or in Chapter 14-5 or
any approval criteria listed in Article 14-4B of this TItie that would prevent use or
occupancy of a property designated as an Iowa City Landmark or registered on the
National Register of Historic Places. In addition to the general special exception
.' approval criteria set forth in Article 14-4B, the following approval criteria must be
met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission.
2. The Board of Adjustment may grant a special exception to allow a property
designated as an Iowa City Landmark or registered on the National Register of
Historic Places to be adapted and re-used as a Community Service Use, Specialized
Educational Facility, or Hospitality-Oriented Retail Use. In addition to the general
special exception approval criteria listed in Article 14-4B, the applicant must also
meet the following criteria in order for the Board to grant this exception:
a. The exception will help preserve the historic,. aesthetic, or cultural attributes of
the property;
b. The applicant must obtain a certificate of appropriateness from the Historic
Preservation Commission. .
Article F. Public Zones
14-2f-l Establishment and Intent of the Public Zones
The full names, short names, and map symbols of the established Public Zones are listed below.
When this Tit!e refers to Public Zones, it is referring the zones listed below.
A. Purpose
The purpose of the Public Zones is to provide reference to public ownership and use of / /
land. These zones serve a notice function to those owning or buying land in proximity to_.
publicly owned land. /
-
1,
B: Zone Designations
1. Neighborhood Public Zone (pol)
Uses such as schools, parks, police and fire stations, and other civic buildings owned
or otherwise controlled by the County, the City, or the Iowa City Community School
District for such uses will be designated as P-1, Neighborhood Public Zone. These
uses are subject to certain development standards in order to create a consonant
transition between public and private uses.
2. Institutional Public Zone (P-2)
The Institutional Public Zone (P-2) provides reference to public uses of land owned or
otherwise controlled by the State or Federal government, such as university
campuses, regional medical facilities, post offices and other state and federally
owned facilities. This designation serves a notice function to those owning or buying
land in proximity to publicly owned land that is not ordinarily subject to City
development regulations. While' these public entities are not ordinarily subject to City
regulations, the following standards serve as minimum guidelines for State and
Federal government entities to use to help create a consonant transition between.
public and private uses.
~ ,\'6~ ~l\
~.
aS-
-Y:I.."ii~
14-2F-2 Land Uses Allowed
A. Determining the Principal Uses Allowed
1. The following subsections indicate whether a principal land use is permitted (P),
allowed with provisions (PR), or allowed by special exception (S) in the Public Zone.
2. Specific land uses are grouped into the categories and subgroups. To find out how a
speCific land use is categorized see Article 14-4A, Land Use Classification.
3. Provisional uses are allowed, subject to the additional requirements contained in 14-
4B, Minor Modifications, Variances, Special EXceptions, and Provisional Uses.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
Board of Adjustment. The general approval criteria for special exceptions are stated
in Article 14-4B along with specific approval criteria for most special exception uses.
I .
5. Regulations pertaining to accessory uses are stated in Article 14-4C, Accessory Uses
and Buildings.
B. Permitted Uses
1. Plant-Related Agriculture
2. Land, buildings or structures owned by the Federal or State governments, or political
subdivisions thereof, and used for public or governmental purposes. These uses
include, but are not limited to the following:
a. Airports and Helicopter Landing Facilities
b. Assisted Group Living
c. Basic Utilities
d. Colleges and Universities
e. Commercial Parking
f. Community Service Uses
g. Daycare .
'h. Detention Facilities
i. Educational Facilities
j. Hospitals
k. Industrial Service
I. Office Uses
Ri. Parks and Open Space
n. Publicly-owned Communication Transmission Facilities
o. Warehouse and Freight Movement
p. Waste-Related Uses '1J-
~. QS-'-\'~~
~~ .'\,\ '\ ~\l
C. Provisional Uses
None
D. Special Exceptions
Privately-owned Communication Transmission Facilities
,
~
14-2F-3 General Provisions
All principal and accessory uses allowed in the Public. Zone, whether allowed as a permitted,
provisionai or special exception use, are subject to certain Use Regulations and ~ite
Development Standards contained in Chapters 3, 4 and S of this Title. Said Chapters are
'indicated as follows:
A. Overlay ZOnes
1. Historic District and Conservation District Overiay
See Article 14-3B.
:<. Design Review
See Article 14- 3C.
B.' Use Regulations
1. Minor Modifications, Variances, Special Exceptions and Provisional Uses
See Article 14-4B. '
2. Nonconfonning Situations
See Article 14-4E.
C. Site Development Standards
1. Access Management Standards
See Article 14-SC.
2. Intersection Visibility Standards
See Article 14-SD,
3. Outdoor Lighting Standards
See Article 14-SG, except that uses in the Public Zone are exempt from the Total
Outdoor Light Output Standards contained in Section S of this Article.
4. Perfonnance Standards
See Article 14-SH.
S. Sensitive Lands and Features
See Article 14-SL
6. Flood Plain Management Standards
See Article 14-SJ,
>
,
14-2F-4 Dimensional Re uirements
A. Setbacks for Lots Adjacent to a Residential ZOne
Where a lot in a Public Zone abuts or is across the street from a Residential Zone, principal
building setbacks and setbacks for accessory uses, structures, and buildings at least equal
to the required principal building setbacks and required setbacks for accessory uses,
structures, and buildings in the abutting Residential Zone must be provided along the
Residential Zone boundary. . .
B. Maximum Height Standard
1. Standard
Where a lot in a Public Zone abuts or is across the street from a Residential Zone, the
height for buildings and structures on the lot zoned Public must not exceed the .
maximum height standard specified for the abutting Residential Zone,
2. Exemptions ,
If allowed in the subject zone, the following structures or parts thereof are exempt
from the maximum height standard, provided an increase in height does not conflict
with Chapter 6 of this Title, Airport Zoning.
a'. Chimneys, flues, and stacks.
11
..
~.~~3tl
~ . oS- -'-\\ ~ \0
3.
. b. Spires on religious and other institutional buildings.
c. Cupolas, domes, skylights and other similar roof protrusions not used for,th~
purpose of obtaining habitable floor space. '
d. Farm structures, including barns, silos, storage bins and similar structures when ~
accessory to an allowed Agriculture Use.
e. Flagpoles that extend not more than 10 feet qbove the height limit or not more
than 5 feet above the highest point of the roof, whichever is less.
f. Parapet and flre walls.
g. Poles, towers and other structures accessory to a Basic Utility Use, such as
street lights and utility poles.
h. . If allowed in the subject zone, Basic Utilities and Communication Transmission
Facilities are exempt from the base zone height standards, but are subject to
any limitations placed by the Board of Adjustment. .
i. Roof structures, including elevator bulkheads, stairways, ventilating fans,
cooling towers and similar necessary mechanical and eiectrical appurtenances .
required to operate and maintain the building.
j. Television antennae and similar apparatus.
k. Grain elevators.
'I. . Storage tanks and water towers.
1
Adjustment of Height Standards
a. The maximum height for a principal building may be increased, provided that for
each foot of height increase above the height standard, the front, side, and rear
setbacks are each increased by an additional 2 feet, and provided that an
increase in height does not conflict with the provisions of Chapter 6 of this Title,
Airport Zoning.
b. A Minor Modification may also be requested to adjust the maximum height for a
, particular building or property according to the procedures and approval criteria
for Minor Modifications contained in Article 14-4B..
/j~
<:/ ,
, ",/
.J
..
14-2F-5 Public Zone Site Develo ment Standards
A. Surface Parking Lot Setback Requirements
1. Front setback requirements
Parking and loading areas must be set back at least 10 feet from any front and
street-side lot line. However, any loading area, parking spaces or aisles located' within
50 feet of a Residential Zone boundary must be set back at least 20 feet from any
front and street-side lot line.
2. Side and rear setback requirements
Parking and loading areas must be setback at least 5 feet from any (non-street-side)
side or rear lot line. However, parking and loading areas must be set back at least 10
feet from any side or rear lot line that abuts a property zoned Residential. The City
may exempt from these setback regulations any speciflc locations along a lot line
where a parking area, aisie or drive is shared with an abutting lot.
3. Drives
a. Drives that are internal to a parking area, including drives that provide
circulation around the 'perimeter of a parking area are considered part of the
parking area and must meet the setback standards as specifled above. Drives
that are external to a parking area must be set back at least 3 feet from any
abutting property that is zoned non-residential, unless the drive is pitched or
curbed and drained to prevent the flow of water onto adjoining property or
unless a'drainage course has been established aiong lot lines to handle storm
water run-off. Any specific locations along a side or rear lot line where a drive is
shared with an abutting lot may be exempted from these standards.
b. Drives that are external to a parking area must be' set ba~k at least 10 feet from
any abutting property that is zoned Residential.
~c)
~,c:)":)- -4'!1(l________- _____ _\?~_- '2\~ ~ ~l
B. Landscaping and Tree Requirements for Parking Areas
Parking areas that contain more than 18 parking spaces must be designed to include trees
and planting areas according to the provisions of Article 14-5A, Off-street Parking and
Loading Standards,
C. Screening Requirements
1. Surface parking areas, loading areas, and drives must be screened from publlc,rights-
of-way to at least the 52 standard (See Article 14-5F, Screening and Buffering
Standards),
2, Surface parking areas, loading areas, and drives must be screened from view of
abutting properties to at least the 52 standard. Additional screening is required for
properties that abut properties zoned Residential. Parking areas, loading areas, and
'-'
drives must be screened from view of any abutting property zoned Residential to at
least the 53 standard, The City may exempt from this landscaping requirement any
specific locations along a side or rear lot line where a parking area, loading area, aisle
or drive is shared with an abutting lot.
3, Where a iot in a Public Zone abuts or is across a street or railroad right-of-way from a
: ) Residential Zone, Daycare Use, Educational Facility, Parks and Open Space Use, or
the Iowa River, any parking and loading areas and outdoor work and storage areas
must be located behind buildings or screened from view of said uses and zones to at
least the 53 standard..
4, All ground level mechanical and utility equipment, such as heat pumps, air
conditioners, emergency generators, and water pumps, must be screened from public
view to at least the 52 standard. If it Is not feasible to use landscape screening, the
mechanical equipment must be screened using wall or fencing materials
complementary to the principal structure.
5, Screening requirements may be waived by the Building Official upon presentation of
convincing evidence that a planting screen cannot be expected to thrive in a
particular location because of intense shade, soil conditions, or other site
. characteristics, The presence of existing pavement, by itself, shall not constitute
convincing evidence, If a landscape screening requirement is waived by the Building
Official because plantings cannot be expected to survive, a fence or wall built to the
55 standard must be substituted for the. landscape screening:
D. Storage of Materials and Equipment
1. Outdoor storage of materials and equipment is allowed in all Public Zones; provided it
is concealed from public view to the extent possible. If it is not feasible to conceal
the storage areas behind buildings, the storage areas must be setback at least 20
feet from any public right-of-way, including public trails and open space, and
screened from view to at least the 53 standard (See Article 14-5F, Screening and
Buffering Standards), If a fence is built around the storage area, the required
screening must be located between the fence and the public right-of-way,
2. All outdoor storage areas that are located along a side or rear lot line that does not
abut a public right-of-way must be setback at least 10 feet from said lot line and
screened from view of the adjacent property to at least the 53 standard. If a fence is
built around the storage area, the required screening must be located between the
fence and the adjacent property,
3. The landscape screening requirement for outdoor storage areas may be waived by
_. the Building Official upon presentation of convincing evidence that a planting screen
, .' cannot be expected to thrive because of intense shade, soil conditions, or other site
- characteristics, The presence of existing pavement, by itseif, shall not constitute
convincing evidence, If the landscape screening requirement is waived by the
.:' Building Official, a fence built to the 55 standard must be substituted for the
... landscape screening.
,
4., The storage of combustible or fiammable materials or liquids is strictly regulated
according to the provisions of Article 14-5H, Performance Standards and according to
the International Fire Code, as amended.
Lv
1Il
C;--W . o~- - l.\. \ 'l \0 __, (?-5. '8 d.. ~ ::5 \l
------ -
14- 2F-6 S ecial Provisions
> , ~ .. r
-" ,
A. If any land zoned Public is sold, conveyed, or transferred to anyone other than the
government of the United States, the,State, or a political subdivision thereof, the buyer or
transferee must submit an application requesting the City to rezone the land in accordance
with the applicable procedures contained in Article 14-8D.
,"
B. Land acquired by the government of the United States, the State or a political subdivision
thereof, shall retain its existing zoning designation until such time as the Zoning Map is
amended to designate such land a Public Zone,
C. Before a leasehold interest in any land zoned Public is conveyed to anyone for a use other
than those allowed in the Public Zone and to anyone other than the government of the
United States, the State or a political subdivision thereof, the land must be rezoned to an
app!opriatgonEi in which the use is allowed, The use shall be subject to all requirements
~6fthe new zone. Further, the zone shall be established as an overlay zone with the
~ U~derlYing zone retaining its original PUb,liC Zone designation,
t~~-~~---- --...._~. ...':t{:.
--.~~---
-'l,'~~-,,;;r~,~'
,
~,~
)',"
CHApTER 3. OVERLAY ZONES
Article A. Planned Development Overlay Zone (OPD)
. J'I,
14-3A-1 Pur ose
"
A. The Planned Development Overlay Zone (OPD) is established to permit fiexibility in the use
and design of structures and land in situations where conventional development may be
inappropriate and where modification to requirements of the underlying zone will not be
contrary to the intent and purpose of this Title, inconsistent with the Comprehensive Plan,
\ as 'amended, or harmful to the surrounding neighborhood. The OPD Zone is intended to:
'1.' Provide flexibility in the design; piacement and clustering of buildings; mixture of land
,_ . -, uses; use of open space; traific circulation and parking; and related site and design
t . considerations; .
2. . Encourage the preservatio~ and best use of existing landsCape features through
development that is sensitive to the natural features of the surrounding area;
- i
3, Promote efficient land use with smaller utility and street networks while maintaining
pedestrian-oriented street frontages;
.Encourage and preserie opportunities for' energy-efficient development;
Promote an attractive and safe living environment compatible with surrounding
residential developments; ,
6. Provide an alternative method for redeveloping older residential areas; and
I' . .
'7 ,Encourage infill development.
, 4~
., ;
5.
14-3A-2 A licabili '
A Planned Development Overiay Rezoning may be requested, provided the property meets the
zoning and size limitations listed below and falls into one or more of the following categories of
planned d~velopments, :
A. ZOning
1. The propertY on which the planned development is requested must be zoned
,Residential or Commercial, except as specified in paragraph 2, below,
2, A Sensitiv!! Areas Development is allowed or may be required on any property,
regardless of the underlying base zone, In order to protect regulated sensitive
features while facilitating reasonable development of the remainder of the property
for uses allowed in the underlying base zone,
--- -_.- - -~_. '.
~~
o
~~
~ Cl$"-l..\\ 'l~
~~. ~3\ ~\\
-~~-- ----
B. Size Limitation
1.' To qualify for a Planned Development Overlay Rezoning, properties must contain an
undeveloped area of 2,acres or more, except for the following situations,
2. Development of areas containing less than 2 acres but more than one acre qualify for
.. a Planned Development Overiay Rezoning where the existence of environmentally
sensitive areas or natural features, the age of .existing development, scenic assets or
the fact that the land is completely surrounded by development makes a planned
development more appropriate and efficient than conventional development. Except
, '." ' as allowed in paragraph 3, below, Commercial and Institutional Uses are prohibited In
planned developments containing less than 2 acres.
3, When a Sensitive Areas Development is required, there is no size limitation.
C. Categories of Planned Developments
,~ . ' .
. '1. Sensitive AreaS'Development
A Planned Development containing regulated. sensitive features according to the
provisions of Article 14-5I, Sensitive Lalids and Features,
2. ( Conservation Development
,. A Planned Development in which a portion of the land area is designated as
~ '~r permanent open space for the purpose of preserving natural or cultural features and
resources as follows:
!J
a. Development that protects or preserves environmental features not otherwise
regulated by this Title, but which are significant to the neighborhood or
community. For example, such a plan might preserve an important view shed,
protect wildlife areas or other unique natural features of the site.
b. Development that preserves cultural and historic features such as historic sites,
historic buildings, and archaeological sites, particularly those that are designated
or that would qualify for historic designation according to the provisions of
Article 14' 3B, Historic Preservation and ConserVation Overlay,
c. Development in which the site and the buildings are specifically oriented and
designed for the conservation of energy and other resources. '
3. Neo-Traditional Development
A Planned Development that is characterized by lot configurations, street patterns,
streetscapes, and neighborhood amenities similar to neighborhoods platted prior to
1950,
4. Mixed Use Development
A Planned Development that contains a mix of residential and commercial uses
designed in such as manner that such yses complement one another to form a more
urban neighborhood.
S. Infill Development
Development or redevelopment on land that is surrounded by existing development
where the constraints of the'existing infrastructure, buildings, or site make it more
difficult to develop the property, '
6. Alternative Ownership Development
a. Manufactured Housing Parks
Manufactured housing parks, where the dwelling unit owner leases the lot on
which the dwelling is located from a separate individual or organization.
b. Condominium Development .
Condominium developments, where multiple units are located on the same lot.
Dwelling units are typically owned individually and the structures, common
areas, and facilities are owned by all dwelling unit owners on a proportional,
undivided basis,
t
,
14-3A-3 A roval Procedures
Applications for Planned Developments must be submitted according to the procedures for
Planned Development Overlay Rezonings as set forth in Chapter 14-8, Review and Approval
Procedures, The proposed development must meet the applicable approval criteria listed in the
following sections.
~3
,..,..,
\?~. 'l\~ ~ ~\l
G-0 ,05'-'-" 'is'\c
14-3A-4 A roval Criteria
Applications for all Planned Developments will be reviewed for compliance with the standards of
this section, except for Sensitive Areas Developments that comply with all underlying zoning
and subdivision regulations. If, however, modifications to the underlying zoning or subdivision
regulations have been requested as a part of a Sensitive Areas Development, the standards of
this section will apply.
A. General Standards
1. The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and
scale, relative amount of open space, traffic circulation and general layout.
2, The development will not overburden existing streets and utilities,
3, The development will not adversely affect views, light and air, property values and
privacy of neighboring properties any more than would a conventional development.
4, The combination of land uses and building types and any variation from the
underlying zoning requirements or from City street standards will be in the public
interest, in harmony with the purposes of this Title, and with other building
reguiations of the City.
B. Ownership
At the time of preliminary OPD plan approval, the developer must submit evidence of
ownership of the property to be developed or of a legally binding executed option
agreement for purchasing all of the property,
C. LaJl.9 Uses Allowed, ' ,. .....' -' = ". '
A mixture of land uses are allow~ in planned developments that might not otherwise be
aliowed with the underlying zoning. Land uses proposed must meet all of the dimensional
and site development standards of the underlying base zone, unless a modification is
specifically approved during the planned development process. The following paragraphs
provide standards for uses that might not otherwise be allowed in the underlying zone,
1. Uses Allowed on Properties ZOned Residential
A mixture of housing types, including single family, two family, and multi-family
dwellings, is encouraged in all residentially zoned planned developments, To help
assure that the various building types are compatible with one another, similar
architectural elements, scale, massing, and materials should be used and the
foilowing standards must be followed,
,a. Single Family Uses
(1) Unless modified as allowed in the following subparagraph, Attached and
Detached Zero Lot Une Dwellings must comply with the Specific Approval
Criteria for Attached and Detached Zero Lot Line Dwellings in the RS-12
Zone as set forth in Article 14-4B, Minor Modifications, Variances, Special
Exceptions, and Provisional Uses, Townhouse-style condominiums must
also meet these approval criteria.
(2) Minimum lot area, lot width, lot frontage, and setbacks required in the
underlying base zone may be reduced in order to provide the opportunity
for a variety of Singie Family dwelling types. However, any such
modification to the underlying zoning requirements must be noted on the
plan and the development must comply with the standards listed in
subsection E of this section, Zoning Requirements,
b. Two-Family and Multi-Family Uses
If Multi-Family, Two Family, or Group Living Uses are proposed, they must
comply with the Multi-Family Site Development StandardS set forth in Article 14-
2B, Multi-Family Residential Zones. When located adjacent to single family and
duplex structures, multi-family buildings should be of a scale, massing and
architectural styie that is compatibie with adjacent lower density residential
development.
c. Commercial Uses
Commercial uses are not permitted in planned developments that are less than
2 acres in size on property that is zoned Residential. In larger residentially zoned
developments, where commercial uses are proposed, they must comply with the
following standards:
:8~
~. as- -u.\ 'l'o
\?~. ~S ~ ()\1
----- - -~"-
d.
(1) Any commercial development proposed must comply with the CN-l Site
Development standards as set forth in Article 14-2C, Commercial Zones,
(2) Mixed-use buildings, which include residential dwellings and commercial
uses, are encouraged.
(3) Any commercial development proposed must be of a scale suited to serve
the residents of the immediate development and adjacent neighborhoods.
(4) Commercial development should be designed to serve as a focal point of
the overall development and is encouraged to incorporate open spaces
such as town squares,
(S) Commercial development should be designed so that the material, massing
and architectural styie is compatible with adjacent residential development.
Institutional Uses
Institutional Uses, such as educational facilities, religious institutions, and
childcare centers are only allowed, if they are listed as an allowed use in the
underlying base zone.
\
2. Uses Allowed on Property Zoned Commercial
a. On property zoned Commercial, development must complY with the Commercial
Site Development standards of the underlying base zone as set forth in Article
14-2C, Commercial Zones.
b. Residentiai Uses are only allowed in such planned developments if residential
uses are listed as an allowed use in the underlying commercial zone, Residential
uses must comply with the requirements specified for such uses in the ,
underlying base zone, unless modifications are specifically approved through the
planned development process,
,3. Uses Allowed on Property Zoned Industrial or Research Park
A Pianned Development is not allowed on properties that are zoned Industrial, or
Research Park unless the property contains regulated sensitive areas according to the
provisions of Article 14-5I, Sensitive Lands and Features. Uses allowed in such a
planned development are limited to those uses allowed in the underlying base zone.
Such uses must comply with the requirements and standards specified in the
, underlying base zone, unless modifications are specifically approved through the
planned development process.
D. Maximum Residential Density
1. The City will approve a residential density based on the underlying density allowed in
the base zone and what is compatible with the natural topography of the site and
with surrounding development. The residential density for a planned development
may not exceed the value specified in Table 3A-1. Actual residential density allowed,
however, may be less than the maximum expressed in the table due to the
topographical constraints of the property, the scale of the project relative to adjacent
development, and the dimensional, site development, and other requirements of this
Title. '
2, For purposes of this Article, net land area is defined as total land area minus public
and private street rights-of way, When calculating net land area, the land area
devoted to alley and private rear lane rights-of-way need not be subtracted from the
totallal1cl_a~_,__ _.
~lS'-
L
~. ~-4.~li\o
~.~l?~~f_'_~(,,_ ~ :5, ~
Table 3A-1: Maximum Residential Density .
Underlvina Base Zone Dwellina units oar acre of net land area
RR.l 1
RS.5 5
RS.8 8
RNS,12 8
RS,12 , 13 ,
MU 15
CO-l 15
CN.1 15
CC,2 15
RM.12 15
RNS.20 24
RM,20 24
RM-44 43
PRM 49'
*Density bonuses are available in the PRM Zone that would increase the
allowed density beyond the figure in this table.
E. ZOning Requirements
1. All planned developments must comply with all the applicable requirements and
standards of this Title, unless specifically waived or modified under the provisions of
this Article,
2, Variations in the dimensional requirements of the underlying base zone may be
necessary in order to facilitate the provision of desired neighborhood amenities or
open space; to preserve or protect natural, historic, or cultural features; to achieve
compatibility with surrounding development; or to create a distinctive or innovative
neighborhood environment for area residents, Therefore, the dimensional
requirements of the underlying base zone may be modified or waived, provided the
Standards for Modified Developments set forth in subsection K, below, are met.
3, In order to accommodate the various types'of manufactured housing, the minimum
building width specified in the underlying base zone may be waived for Manufactured
Housing Parks,
4, In order to avoid development on or near regulated sensitive areas, parking
requirements for commercial and industrial uses may be reduced, However, parking
requirements for residential uses within the development may not be reduced other
than through a special exception approved by the Board of Adjustment according to
the procedures and approval criteria set forth in this Title for such an exception.
F, Dedication of Public Right of Way
All proposed dedications of land for public use, including land dedicated for recreational
use, shall be approved, in writing, by appropriate departments of the City prior to City
Council approval of the planned development. All land dedications for publiC use shall
conform to the requirements of City ordinances,
'[
G. Streets
Planned developments shall provide for the continuation and extension of streets and
public sidewalks in accordance with current City standards. Requests for modifications to
City street standards will be evaluated according to the provisions of subsection K, below,
Standards for Modified Development. '
H. Pedestrian Facilities
1. On-site pedestrian facilities
To assure that pedestrians have adequate access throughout a development a
pedestrian network plan must be developed so that residents and visitors have
access to public streets and sidewalks, building entrances, parking areas, shared
open spaces, natural areas, and other amenities,
2. Pedestrian facilities along streets
Sidewalks must be provided along all public and private streets according to City
standards, Particular emphasis must be given to maintaining or establishing
pedestrian-oriented street frontages, Pedestrian-oriented streets are those that are
designed to provide a safe, comfortable environment for pedestrians, Important
elements include sidewalks that are separated and buffered from vehicular traffic
with limited interruption from driveways; the provision of street trees; and buildings
that visually address the street with visible doors and windows. Buildings with blank
, facades along the street, long stretches of repetitive building designs, surface parking
lots, and other expanses of paving are contrary to a pedestrian-oriented street.
~~
{-----
'......----"""
~. ~s - L\.\ '8 \0
~,~\\ ~\l
-..~-----------._-_.- --- --- - .......-
I. Tree Requirements
For any pianned development that contains Attached Single Family Dwellings, Two Family
Uses, Multi-Family Uses, Group Living Uses, or lease lots for manufactured housing, a
landscape plan must be submitted with the preliminary plan illustrating how the
requirements of Article 14-5E, Landscaping and Tree Requirements will be met.
J.
Open Space
1. Public Open Space Requirement .
a. Residentially-zoned Planned developments must dedicate land for public open
, space, pay a fee in lieu of land for public open space, or a combination thereof,
as set forth in Article 14-5K, Neighborhood Open Space Requirements.
b. In the event that the dedicated open space land will contain amenities, such as
trails, that will serve the residents of the proposed development, the City may
require such ameni~ies be installed by the developer with the costs shared
jointly by the developer and City based on an estimate of proportional use by
the residents of the proposed development. The timing of such improvements
shall be determined and set forth'in a development agreement between the
developer and the City.
2. Private Shared Open Space
a. In the event open space land, In addition to that required by Article 14-5K is to
be retained under private ownership, the developer must submit a legally
binding instrument setting forth the, procedures to be followed for maintaining
the areas and for financing maintenance costs. Such costs shall be shared by all
owners of property located within the planned development through the use of
an owners association or other entity satisfactory to the City. Any costs incurred
by the City due to failure of this designated entity to meet its obligations under
the provisions of this paragraph shall be assessed against, and will become a
lien on all individual properties located within the planned development in favor
of the City.
b. The intended purpose of any private, shared open space proposed for a planned
development must be set forth in the plan, Such land must be suitably improved
for Its intended purpose, The timing of such improvements shall be set forth in a
fegally binding instrument as described in the preceding subpara~raph.
3. Protected Sensitive Areas
Protected sensitive areas and their required buffers should be incorporated into the
design of the deveiopment as public open space dedicated to the City or private open
space heid in common by an owners association. Where protected features and/or
their required buffers are incorporated into individual lots, they must be included
within a recorded conservation easement or protected by restrictive covenants with
the City that are recorded and run with the land.
Standards for Modified Developments
The following standards are to be used by the City when evaluating a Planned
Development when modifi<;ations to the underlying zoning requirements or to City street
standards are requested, For Single Family Uses, townhouse-style Multi-Family Lises and
Two Family Uses that will be'located on a common lot, imaginary lot lines must be
illustrated on the plan for purposes of determining when modifications to the underlying
dimensional standards are being requested, When applying the standards, the City will
weigh the specific circumstances surrounding each application, and strive for development
solutions that best promote the spirit, intent and purpose of this Article and of Article 14-
5I, Sensitive Lands and Features and of the goals, policies and objectives of the adopted
District Plan for the area in which the proposed development is located, while permitting
development of the property for reasonable, beneficial uses, Modifications that the City
deems as contrary to public safety wili not be approved,
1. Modifications to Zoning Requirements
a. Minimum setbacks may be reduced if the following conditions are met: ,
,
.
K.
(1) The setbacks proposed will provide adequate light, air, and privacy
between dwellings and between dwellings and publiC rights-of-way,
(2) Sufficient setbacks are incorporated to provide the opportunity for
adequate private open space for each dwelling unit.
(3) The setbacks proposed will provide sufficient area for utilities and street,
trees,
~l
~(j. ~~,\~\l
~,OS"-~\. 'l{\o
-----
(4) If front setbacks are reduced, measures should be taken to preserve
privacy within residential dwellings and to provide a transition between the
public right-of-way and private property, To ensure privacy within Single
Family and Two Family Dwellings for which setbacks are reduced, the first
floor must be elevated at least 30 inches above the grade of the adjacent
public sidewalk, Other methods to increase privacy are also encouraged,
such as use of front porches,
(5) Residential buildings that are located in close proximity to each other must
be designed to preserve privacy. This can be achieved by placement of
windows to prevent direct views into the windows of adjacent residential
dwelling units. In addition, balconies and air conditioning units may not be
located along a building wall that is within 20 feet of a building wall of an
adjacent principal building on the same lot, if the wall of the adjacent
building ~ontains window or door openings into dwelling units, Proximity of
building walls will be subject to all current building code fire protection
,requirements, , '
b. The maximum building height and building coverage may be modified or
waived, provided the design of the development results in sufficient light and air
circulation for each buiiding and adequate, accessible open space for all
,residents of the development. When the underlying base zone is Single Family
Residential, at ieast 35 percent of the net land area in a planned development ,
shall remain free of buildings, parking and vehicular maneuvering areas.
c. Minimum lot area, lot width, and iot frontage requirements may be reduced.,
However, due to the concentration of dwelling units that will occur if these '
dimensional requirements are reduced, the following conditions must be ~et:
(1) The proposed modifications will not result In increased traffic congestion or
a reduction in neighborhood traffic circulation, To mitigate for the '
concentration of dwellings, shorter biock lengths may be appropriate and
the location of driveways and pedestrian facilities must be carefully
planned, " '
(2) Garages and off-street parking areas must be located so that they 'do not
dominate the streetscape, Alley or private rear lane access will be .
required, unless garages are recessed behind the front fac;ade of the
dwelling in a manner that ailows the residential portion of the dwelling to
predominate along the street. Figure 3A.l illustrates some options for
garage placement for detached and attached dwelling units. Other options
meeting these standards are also acceptable, ' "
<I
Figure: JA.l - Garage Placement '~~:
~:
,------1' ,-----, ,-----, ,-----,.
1 1 1 I 1 1 I I~\
I 1 1 1 I 1 1 1
1 I 1 I 1 1 I I
I - 1 1 1 I 1 1 1
1 I I I 1 1 1 ..:,...~..~<.... .., ,I ... ~
I m 1 1 " v 1 I I 1 , -. I
-. -
1 I I -- 1 1 0" I I , 1
0;::," '- O. ~- ,
I 1 I~ I I ' 1 1 - _1'1
I , I 11m I" 1 : 1m 11.(.11 11m \["1/
1 liJ 1 ,I i ]' I II /1
L_ l-L-L L -.' 1- r':/~
:hJ..- ""1'-' ,_.....J_ L__~_.J g-~:rr
:::.3 ' , , ::.Q 8-i..-~
.---..1 ,- =~...; \-~ .~-~
88
~. <::l S--Ll.-.\' 'l\o
-~- ----
~, ~'\ ~ ~'\
"
,
t
..A._~,.~_.~_ -......_~......- .~..........~---.",-...1"- ----..~-- ""\,_'---"',-"._____~~... .A.~_.a:.-,...-.......'~./
- -
- fm ,l--i -r--~
11m! ,----,
1 II I 'IE] I
- IE] I - I
I I
1 :Im~l
1 I
,1 I ' I I
"=... iG I _ I
I ~ I
, I I ,I
.
ILJ I I l_..J I I i I 'I' I . ,;
L H __J _L~~~~_.J~ L-~JL.J~ 0
--,.,-, I , ; 11TTT'TTT Ll...l....I 1.._,
-~ ---' ,
.
1
,--~-,-----,
I
I
I
,----,-----,
IE] I 61
- I -I
I - I
'm I I I m I
'rn'
_llog Ooodiog "I
I UnO unO I
I ' , I
I '~' I '~' i I
:::S,-.,-, ~-, ,...L,~=T-J
='~'" C
1 ~
-
-
, ,
..
-
n-erm-rr
Iml
I _ _ I
I I
I I
I I I
101
1_ _ I'
I"" ." I
I 0 I
I l~_! 'I 1_..J I
_L_lL.=___J._ ~_ll_.--J_
. t;
"U':....J "::"'"
\!i
- ":::"" '="
-
l.rlm1rm~1nf..'
1 ,I - I
...... - I _ _ I
"j' : :
" - - - -
. .... ... "'" ...
rjuj
fll
j I I I II
":"'_' ~,_ ~.,.._. L_:J
.~_+_r_, r1 :I,..,J,..
'1!','1l' I .'1l', ,
6.IB.....-+-r~
6'
~
fr
~\ ,Q..s- - Y: l 'ir\o
~ . ,\Cl ~ 311
-~-- -
L.
(3) If garages are located with access to the street, the development must be
designed so that there is adequate right-of-way and front yare! area ,
available to accommodate street trees and front yard landscaping, The
widths of driveways may need to be reduced and garages set back an
adequate distance to accommodate the~e elements.
2. Modifications to Street Standards
a. Right-of-way width
Street right-of-way widths may be reduced below those otherwise required by
the subdivision regulations if the proposed planned development provides
sufficient area within the right-of-way for required street trees and public and
private utilities.
b. 'Pavement widths for local streets
Requests for reductions to street pavement widths for local streets will be
considered if streets are designed to promote pedestrian-oriented frontages and
safe access for emergency vehicles, For example, this might be achieved
through the use of alleys or private rear lanes. Depending on the width of the
proposed street and the anticipated traffic, additional off-street parking clusters
,may be required, Any separate off-street parking areas must be screened to the
52 standard,
c. , Private Streets
(1) Private streets in single family and two-family residential areas are
discouraged. Requests for private streets in these areas will be carefully
scrutinized and will only be approved if the proposed private street serves
as a shared access to a cluster or small group of housing units and does
not support any through traffic. In addition, adequate provisions must be
made for street maintenance, snow removal, and garbage service
according to the provisions listed in sub-subparagraph (3) below,
(2) Private streets in multi-family, commercial, and industrial areas may be
allowed, provided that the responsibilities for maintenance, snow removal,
and garbage service is clearly established according to the provisions of
sub-subparagraph (3), below,
(3) If private streets are approved, the developer must submit a legally binding
instrument setting forth the procedures to be followed for maintaining
private streets and providing garbage service and snow removal, and for
financing these services, Such costs shall be shared by all owners of
property located within the planned development through the use of an
owners association or other entity satisfactory to the Oty. Any costs
incurred by the City due to failure of this designated entity to meet its
obligations under the provisions of this paragraph shall be assessed
against, and will become a lien on all individual properties located within
the pianned development in favor of the City, .
Other Conditions
Other conditions may tie imposed if found necessary to protect and promote the best
interests of the surrounding property or the neighborhood. ,Such conditions include, but
are not limited to, the following:
1. Improvement of traffic circulation for vehicles and pedestrians In the proposed
, , development and adjoining properties and streets,
2, Specific landscaping requirements to maintain privacy or reduce impacts on adjoining
properties, '
, '
3, Joint use of private open space or amenities by adjoining property owners.
-,
"
~
~
1
14-3A-5 A roval Criteria for Sensitive Areas Developments
For properties containing regulated sensitive features, a Sensitive Areas Development Plan must
be submitted that demonstrates compliance with the applicable standards of Article 14-5I,
Sensitive Lands and Features.
~o
%,~\\ ~\l
~. O::)--Y:l ~<o
14-3A-6 Additional A roval Criteria for Manufactured Housin Parks
/ A m~;'uractured housing park must comply with the following standards:
~}Minimum Area
~ The development must be atieast 2 acres in size,
B.,.,~ot ~@quirements, .' u''''~7--'' ,"" - ..
The plar must clearly delineate individual lease lots within the development. Each
hidividuallease lot must meet the dimensional standards of the underlying base zone,
except .for variations approved through the planned development process as set forth in
the previous subsections,
C. Additional Setback Requirements
A 30-foot setback must be provided between any dwelling unit and the edge of the
Planned Development except where abutting an arterial street, in which case, a 40-foot
building setback is required.
D. Minimum Space Between Units
At least a 20-foot building separation between manufactured housing units shall be
provided, except with respect to manufactured housing units parked end-to-end. End-to-
end separation must be at least 15 feet.
E. Parking
Nine feet by 18 feet hard-surfaced off-street parking spaces shall be provided at the rate
of 2 parking spaces per unit. At least one off-street parking space shall be located on each
manufactured housing lease lot. The other required parking space may be located in a
common parking area with convenient access to the manufactured housing unit. Parking
spaces may not be iocated in the front setback or within 10 feet of an adjacent
manufactured housing unit. Separate parking areas must be set back at least 10 feet from
any lease lot line and at least 20 feet from any edge of the planned development.
Separate parking areas must be screened to the 52 standard (See Article 14-5F, Screening
and Buffering Standards),
F. Sanitary Sewers
The sewerage system shall be designed, constructed and maintained In accordance with
applicable City codes or specifications approved by the City, Provision shall be made for'
plugging the drain when a manufactured housing unit does not occupy the space,
G. Additional Requirements for Solid Waste Handling
1. Collection Stations
Unless individual solid waste collection is. provided for each lease lot within the
development, dumpsters or collection stands consisting of a holder or rack on an
impervious slab must be provided within 300 feet of every manufactured housing
space they serve, Container stands must be designed to prevent containers from
being tipped, to minimize spillage and container deterioration and to facilitate
cleaning around them. Collection stands must be screened from adjacent dwellings to
the 53 standard (See Articie 14-5F, Screening and Buffering Standards).
2. Collection Receptacles
Collection receptacles shall be provided in quantities adequate to permit disposal of
all solid waste,
H. Accessory Structures and Facilities
1. Manufactured Housing Sales
Sales of manufactured housing units is allowed as an accessory use in conjunction
with the management office, Manufactured housing units, which are not currently
located on lease lots, may not be displayed on site,
2. Equipment and Materials Storage
Maintenance materials and equipment shall be stored either in a permanent structure
or in yards fenced in with a minimum 6-foot high fence of solid construction.
3. Tenant Storage
Storage facilities for tenants of the manufactured housing park may be provided on
individual manufactured housing lease lots or in shared compounds located within the
park. Any shared storage facility or compound must be screened from view of
adjacent streets, neighboring lease lots, and neighborhood developmentS to at least
the 52 standard (See Article 14-5F,.screening and Buffering Standards).
~l
;~ . Cl~- -'-\ \ ~\c
~~, <\d-~ 3"
14-3A-7 Exce tions
The approval criteria contained in this Article are to be used by the City as minimum
requirements for evaluating planned developments, However, such criteria are not intended to
restrict creativity and an applicant may request modifications to the planned development
approval criteria. The City will use the following criteria when evaluating any such request:
A. The modification will be in harmony with the purpose and intent of this Title and the City's
Comprehensive Plan,
B. The modification will generally enhance the proposed planned development and will not
have an adverse impact on its physical, visual or spatial characteristics.
C. The modification shall not result in a configuration of lots or a street system that is
impractical or detracts from the appearance of the proposed development.
D. The modification will not result in danger to public health, safety or welfare by preventing
access for emergency vehicles, by inhibiting the provision of public services, by depriving
adjoining properties of adequate light and air, or by violating the purposes and intent of
this Title or the City's Comprehensive Plan.
I Article B. Historic District and Conservation District
Overlay
14-3B-1 Historic District Overla Zone
A. Purpose
The Historic District Overlay (OHD) Zone is used to designate local Historic Landmarks and
Historic Districts, The purpose of this overlay zone is to:
1. Promote the educational, cultural, economic and general welfare of the public by
protecting, enhancing and perpetuating historic landmarks and districts of historic,
,architectural and cultural significance; ,
2. Safeguard the City's architectural, historic, and cultural heritage by preserving historic
buildings and neighborhoods;
3, Provide for design review of new construction or alteration of existing resources to
assure compatibility with the existing character of historic neighborhoods and
preserve the historic integrity of the resource;
4, Stabilize and improve property values by encouraging reinvestment in historic
neighborhoods;
5. Foster civic pride in the legacy and beauty of past achievements; and
6. Protect and enhance the City's attractiveness to tourists and visitors, thereby
supporting and stimuiating business.
B. Authority
1. The City Council may designate by ordinance areas of the City as Historic Districts or
local Historic Landmarks, The process of designation is considered an overlay
rezoning, A Historic District Overlay Rezoning is required to designate Historic
Districts and local Historic Landmarks, The procedures for Historic District Overlay
Rezonings are set forth in Article 14-8E, Historic Preservation Commission Approval
Procedures,
2, There are typically many properties within a designated Historic District or that have
been designated as local Historic Landmarks that are listed on the National Register
of Historic Places or are eligible for listing on the National Register. However,
properties listed on the National Register are not subject to the regulations of this
Article unless they are located within a designated Historic District or have been
designated as a local Historic Landmark by the City CuunciL
~~
-----
/
/
Jc)'
\?~ . \~ ~ 3 \l
~ . C)~--'-i.u?'<o
c.
Descriptions
1. Historic Districts are geographically cohesive areas with significant concentrations of
buildings and other resources that possess a high degree of historic integrity and
convey a distinct sense of time and piace and that have been designated as a Historic
District by the City Council pursuant to the applicable procedures outlined in this
Title, To qualify for designation as a Historic District, the subject area must contain
abutting pieces of property under diverse ownership that meet approval criteria a,
and b, and at least one of approval criteria c" d" e" or f,
, a. Are significant to American and/or Iowa City history, architecture, archaeology
and culture; and ' ,
b. Possess Integrity of location, design, setting, materials and workmanship; and
c. Are associated with events that have made a significant contribution to the
broad patterns of our history; or:...-, ..
-~ . ........---- .. .- ---=-- -~-- ~------~'-
d. Are associated with the lives of persons significant in our past; or
e. EmbOdy the distinctive characteristics of a type, period, method of construction;
or represent the work of a master; or possess high artistic values; or represent
a significant and distinguishable' entity whose components may lack individual
distinction; or
f. Have yielded or may likely yield information important in pre-history or history. .
~ _ "f .
--.J
2. A Historic Landmark is any building, structure, object, area of land or element of
landscape architecture with significance, importance or value consistent with the
approval criteria listed above for Historic Districts and that has been designated as a
local Historic Landmark by the City Council pursuant to the applic:able procedures,
outlined in this Title,
D. Designated Resources
1. The following areas of the City are designated as Historic Districts:
a. Woodlawn Historic District
I
~ RlTTTlll ~II
]
:n
JEFFERSON ST
j;
ffi
~
o
I I I
13
~.Cl:::,--'-\\~~ ~ _ qL\ ~~n
- ------- ---- -------.----.----
~ ..1
BURLINGTON ST
-1-1 I II I I II II II I II I I I I
c. Brown Street Historic District
. . - --;J
EITEl [JEJ EJ]]];
RONAUlS ST !
BIB ; ffi[E 8J]Jgl
] L, [!JIB tHIill
~.. -/"
'1"1
~~ ':\S" \ 3n
~ ,G :s--~ ~ '?'<o
d. Summit Street Historic District
E llilJJ uW:::d OJ UWill ~
~=
COURT Sf
'[]ill[][[
BURUNGTON S1
'1
,
~
15
~
~
HENRY
LONGFELLOW
SCHOOL
SEYMOUR AVE
~ITlliH
ui
,
[
I
r
~
'7s-
~-_. -G--I:..J~-o~~"4~1o~'--'-'
e. Longfellow Historic District
;ji.lLlill~~~I,
~ '1:,1
BURlINGTON ST ?-1-(C'
3J ...
-m
f. College Green Historic District
I I I I I I I 1
rntJjELjtill
- rnC%
BURlINGTON ST
'Il rTI: r I
rrT TTi
I
III II'
2. The following properties have been designated as local Historic Landmarks:
a. Cyrus S. & Georginia Ranck House 747 W. Benton Street
b. Congregational Church of Iowa City 30 N. Clinton Street
c. College Block Building 125 E. College Street
d. Old Carnegie Ubrary 307 E. College Street
,
" \'-J' ~b~ 311
r
71,
v"--' "~ .....--". -- .-_.....~.r--...~'../"_
~. O~-4l~<O
- ~..._~-,- /..- ~,-.." /(t
, ~.\\ \ 0\1
e. Trinity Episcopal Church 320 E. College Street,
f. Thomas C. Carson House 906 E. College Street
g. Lindsay House 935 E. College Street
h. Oakes-Wood House 1142 E. Court Street
i. Letovsky-Rohret House 515 E. Davenport Street
j. Rose Hill 1415 E. Davenport Street
k. Franklin Printing House 115 S. Dubuqu.e
.. Jackson-Swisher House & Carriage .,
House 120 E. Fairchild Street
m. F. X. Rittenmeyer (Burger) House 630 E. Fairchild Street
n. Bostick William House 115 N. Gilbert Street
o. Jacob Wentz House 219 N. Gilbert Street
p. C. D. Close House 538 S. Gilbert Street
q. McCollister James Farmstead 2460 S. Gilbert Street
r. Stevenson-Baker House 30 S. Governor Street
s. Windrem House 604 Iowa Avenue
t. Crum-Overholt House 726 Iowa Avenue
u. Park House, Hotel 130 E. Jefferson Street
v. St. Mary's Church and Rectory 220 E. Jefferson Street
w. St. Mary's Rectory 610 E, Jefferson Street
x. Czecho Slovakian Association Hall 524 N. Johnson Street
y. Clark House 829 Kirkwood Avenue
z. Samuel Kirkwood House 1101 Kirkwood Avenue
aa. Hohenshuh Morturary 13. S. Linn Street
bb. Van Patten House 9 S. Linn Street
ec. Old Post Office 28 S. Linn Street
dd. Economy Advertising Company 119-123 N. 'Linn
ee. Union Brewery 127-131 N. Linn
ft. Schindhelm--Drews House 410 N. Lucas Street
gg. North Presbyterian Church 26 E. Market Street
hh. Henry C. Nicking House 410 E. Market Street
ii. Cannon Wilbur D. and Hattie House 320 Melrose Avenue
jj. A. W, Pratt House 503 Melrose Avenue')
.
kk. Billingsley-Hills House 629 Melrose Avenue
~
II. Cavanaugh-Zetek House 704 Reno Street
mm.Summit Apartment Building 228 S. Summit Street
nn. Vogt-Unash House 800 N. Van Buren Street
00. Paul-Helen Building 207-215 E, Washington Street
pp. Englert Theater 221 E. Washington Street
qq. The Crag/Haddock House 803 E. Washington Street
rr. Chicago Rock Island and Pacific ~")
Railroad Passenger Station 115 Wright Street
-
--------
~
J - '\~ ~ 3\\
~'o~-- '"* ('&'~
14-3B-2 Conservation District Overla Zone
"
A. Purpose
The Conservation District Overlay Zone is used to designate Conservation Districts. The
purpose of this overlay zone is to:
1. Conserve the unique characteristics of older neighborhoods and resources, including
their architectural, historical and aesthetic qualities; --..,,;;;,
2. Provide for design review of new construction or alteration of existing resources to
assure compatibility with the existing character of older neighborhoods and preserve ,Y
the historic integrity of the resource; /
3. Encourage the retention, rehabilitationand appropriate maintenance of existing/
buildings, structures and sites in older neighborhoods; ~
4. Stabilize property values and encourage reinvestment In older neighborhoods; and
5. Protect the environmental setting of Historic Landmarks and Historic Districts through
the designation of Conservation Districts adjacent to Historic Landmarks and Historic
Districts,
B. Authority
The Oty Coundl may designate by ordinance areas of the Oty as Conservation Districts.
The process of designation'is considered an overlay rezoning, A Conservation Overlay
Rezoning is required to designate Conservation Districts. The procedures for Conservation
District Overlay Rezonings are set forth in Article 14-8E, Historic Preservation Commission
'Approval Procedures.
C. Descriptions
A Conservation District is a geographically cohesive area that is similar to a Historic District
in character. However, because it has fewer properties that retain a high degree of,
historic integrity or contribute to a distinct sense of time and place, it does not currently
qualify as a historic district, Because these areas are still considered worthy of protection,
the Oty Council may designate them for conservation. To qualify for designation as a
Conservation District, the subject area must contain abutting pieces of property under
diverse ownership, the built portions of which by majority are at least 50 years old, but
according to a historic resources survey, 60% or less of the structures are of a quality,
integrity and condition that qualify for Historic District designation. The properties within
the subject area must also meet one of the following additional criteria:
1. They represent the traditional character of Iowa ~ity neighborhoods through
architectural characteristics, building scale, building setback and streetscape design;
or
2. They exemplify a pattern of neighborhood settlement or development significant to
the cultUral history or tradition of Iowa Oty; or
3. They represent unique or unusual physical character that creates a distinctiveness.
D. Designated Resources
The following areas of the Oty are designated as Conservation Districts:
f'f
~ ,OS'- Ltl ~<<:>
~~'~\~3q
DE
~~,
Icrn ElJIHIJJJ ~
~~~
~~I~~
;
J'
,f
'-jl'
~
~
,;
f
-~-.. .......~_-..'t~...__.....-..
~
?r
~\tl\J '\ 311
~.CS-4\"i?(P
'^----.-.......--- --.,-~-,".__.~, -~...--~'" .--.
'./' ----....... .-._..,--,"'~' .~ --"-'
\
. '-
2. Governor-Lucas Street Conservation District
J5: ,~ ffiili DJIW BJrnrTI
I , BURUNGTQN Sf
~ ~ ~,~t
oou~sr rn
~
'-0/
~
<
"
S
u
~ ~
6
<-
,,'--'-
160
~~,\()\~ 311
~, 0-,:>- -(.H'iS'<O
3.
Clark Street Conservation District
IW.I:ijl"I'III' 'I,ll
~~~
~I
I
c
GRANT CT
d:" I
. ~
.'
~!
J ~ I
81
~..(..r:,',1
".,( ,
~-=
V
~j ii' L"'}l .
~~~.~ '~-~ ~
DJJ[[]
HENRY
LONGF!;LLOW
SCHOOl
~
CENTER
,
.~-,-;~
. ~ ~ '.. .
';~" .~! ~ .f
"~~
bi,~~
<~
.
9
!-
9
", .i..';:'
'" I:
"
"
ffDJIB'i:[[]
..
...
I
I
'<I
,1
~_' ';1: I'
-, .
,..:>. -"
',"'
" I :f'
;.r...'
IOJ
"'f-
t .
:J
,
"
,
'{
~ ,as -~, 1{\c
;,
4;1 , Dearborn Street Conservation District
ru","
~ (., ~ ""
~ G~NT cr
, ":.": I., ~
~r'''' J
..:. '~. i0€!r1;; M
~~ ~
, $
~s ' <1/
.~~
~'<'l,
~"""
ffioo"
E ST ~;.
a, J:JJ=
willI
~ffi
~
III f. 1
lj': 'I'
\; ':'1
; .\"
, ~~. , ~,
, !r ~J":
~
~
o
z
,
"
. .~
~
>-
z
~
"
"-
"
.
.
~
w
~
z
9
~. \~~\ 3\l
14-3B-3 Historic Review
. I~.
. ,A. Purpose
The intent of the Histori~ Review process is:
1. T? ensure that material changes to exterior features of landmarks and properties in
HIstOriC and Conservation Districts do not substantially alter or destroy the defining
architectural character of a building, sit~ or neighborhood,
2, To provide property owners, contractors and consultants with technical assistance
. and'design alternatives to ensure that proposed projects conform with the applicable
historic preservation gu'idelines,
B. Applicability
L If a material change that requires a regulated permit, as defined in Article 14-9B,
Historic Preservation Definitions, is proposed for any property located in a Historic or
Conservation District or to a property that has been designated a Historic Landmark,
Historic Review is required. A minor, Intermediate, or major review will be conducted
as applicable, and as set forth in Articie 14-8E of this litle, Historic Preservation'
Commission Approvai Procedures and if approved will result in the issuance of a
Certificate of Appropriateness or a Certificate of No Material Effect.
I\)~'
,-
~ .as-L\-\'iS' (0
<? s \()~ <\ -3 n
2, For purposes of this Article, a material change is any act that adds new materials or
otherwise modifies an exterior feature of a property, Material changes include
alterations to the exterior features of a building or structure, demolition of a building
, or structure, demolition of a portion of a building or structure, and new construction
on a property,
3, Normal repairs or maintenance that do not involve material changes for which a
regulated permit is required are exempt from Historic Review, For example, changes
made in the color of the exterior surfaces of a building are considered normai '
maintenance and repair and are therefore not subject to Historic Review,
,
C. Approval Criteria ,
Applications for Historic Review will be reviewed for compliance with the following
guidelines and standards, which are published in the Iowa Oty Historic PreseNation
Handbook, as amended:
1. Historic Districts and Landmarks
For properties located within a Historic District or designated 11 Historic Landmark:
a. Secretary of Interior's Standards for Rehabilitation, 1990 edition or subsequent
revision thereof,
b. Iowa City Guidelines for Historic Preservation
c. Individual District Guidelines
(1) Longfellow Neighborhood District Guidelines
(2) College Hill Neighborhood District Guidelines,
(3) Woodlawn District Guidelines
(4) Northside Neighborhood District Guidelines
2. Conservation Districts
For properties located within a Conservation District:
a. Iowa City Guidelines for Historic Preservation
b. Individual District Guidelines
(1) Longfellow Neighborhood, District Guidelines
(2) College Hill Neighborhood District Guidelines
,3. Multi-Family and Two-Family Uses
For properties iocated within a Historic or Conservation District in which aiterations,
additions or new construction will result in two or more dwelling units, the property ,
must meet the Central Planning District Multi-Family Standards in addition to any
applicable guidelines and standards listed above,
D. Appeals
Any person aggrieved by any decision of the Commission regarding an application for
historic review in a historic district or for a historic landmark, may appeal the action to the
City Council. Any person aggrieved by any decision of the Commission regarding an
application for historic review in a Conservation District may appeal the action to the Board
of Adjustment. Procedures for such appeals are set forth in Article 14-8E, Historic
Preservation Commission Approval Procedures.
14-38-4 Certificate of Economic Hardshi
After receiving written notification from the Commission of the disapproval of a Certificate of
Appropriateness, the owner of record m'lY apply for a Certificate of Economic Hardship, if he or
she believes that the application of the provisions of this Article would result in economic
hardship to the extent that the property in question cannot yield a reasonable return, The
" ,~review'and approval prOcedures for a Certificate of,:Economic Hardship are set forth in Article
14-8E, Historic Preservation Commission Approval Procedures, The applicant bears the burden
of proof and must support each of the approval criteria by a preponderance of the evidence,
A. ' The property in question cannot yield a reasonable return if required to comply with the
requirements and standards specified in this Article. It is not sufficient to show that the
potential return will be reduced as a result of these regulations, but rather it must be
demonstrated that the resulting reduction would be near confiscation. '
II'1J
cYv-\. os--ql~""
\?-5' \C)L\ ~ 3'1
B. The owner's situation is unique or peculiar to the property in question, and the situation is
not shared with other landowners in the area nor due to generai conditions in the
neighborhood. ' ' ,
C. The hardship is not of the property owner's or applicant's own making.
14-3B-5 Com liance with Certificate Re uired
Issuance of a Certificate of Appropriateness, Certificate of No Material Effect, or a Certificate of
-' Economic Hardship is authorization to make only those material changes specified in the
approved application, It shall be the duty of the Building Official or designee to inspect, from
time to time, any work performed pursuant to such a certificate to ensure compliance with the
requirements of such certificate, If it is found that such work is not being carried out in
accordance with the certificate, the Building Official shall issue a stop work order. Any material
change at variance with that authorized by the certificate shall be deemed a violation of these
regulations and subject to any enforcement action and penalties allowed herein,
14-3B-6 Remed of Dan erous Conditions
A. Except for emergencies as determined by the Building Official pursuant to the ordinances
of the City, City enforcement agencies and departments must give the Historic
Preservation Commission at least thirty (30) days notice of any proposed order for
remedying conditions determined to be dangerous to life, health or property which may
affect the exterior features of any building or structure located in a Historic District,
Conservation District or that has been designated a Historic Landmark,
B. The Commission may require that material changes not adversely affect the exterior
features of a buiiding in cases where the danger to life, health or property may be abated
without detracting from the exterior features of the buiiding, In such cases, it is the
responsibility of the Commission and the City enforcement agency or department to
cooperate with the property owner in an attempt to achieve a preservation solution '
whereby the dangerous conditions will be corrected with minimal adverse impact on
exterior features. Such plan shall b.e approved by the Commission and shall be signed by
the chair of the Commission, the property owner and the head of the City enforcement
agency or department.
C. If a solution acceptable to the Commission, the City enforcement agency or department
and the property owner cannot be reached within thirty (30) days or a period of time
acceptable to the City enforcement agency or department, the agency or department shall
proceed to issue and enforce its proposed order.
14-3B-7 Prevention of Demolition b Ne lect
A. Duty to maintain
All buildings and structures that contribute to a Conservation or Historic District; or that
are listed or are eligible for listing on the National Register of Historic Places, regardless of
whether they are in a designated Historic or Conservation District, must be preserved
against decay, deterioration, and kept free from structural defects by the owner or such
person, persons, or entities who may have custody or control thereof. Accordingiy, all such
buildings and structures must be maintained in accordance with the provisions of Section
17-5E-19 of the Housing Code, Responsibilities of Owners Relating to the Maintenance and
Occupancy of Premises. '
B. Determination and action
1. The Historic Preservation Commission may file a petition with the Building Official
requesting investigation of any applicable building or structure suspected of neglect
or deterioration according to the standards referenced in subsection A, above. The
Building Official will proceed with investigation and may take any enforcement action
necessary to correct or prevent further violation,
2. Upon failure, neglect, or refusal of the property owner(s) or other responsible
"
~
~
..~~. --~.;.
-~ ---~-,"-. ..--/v__....._...............--.~,,'.__...~ J :""::1111
L
ro<.;
~. as- -4l "6<0
~. \\)S' ~ 311
, person(s), duly notified, to take the corrective action(s) specified by the Building
Official within the time allotted, the Building Officiai may institute any arid all legal or
equitable remedies along with penalties provided by law for said violations,
Article C. Design Review
14-3C-l Pur ose
The purpose of Design Review is to: "
1. Assure compatibility with the defining characteristics of the surrounding area or to
preserve the integrity of existing neighborhoods or to support a unifying theme for a
pa~icular development or area in order to spur economic growth;
2. Provide for careful review of new construction or alteration of existing structures in
areas of the City where the existing built_environment is expressive of the
architectural traditions of Iowa City and the unique physcial features of the area or to
provide guidance in areas where there is a lack of any defining physicai or aesthetic
qualities but in which the City wishes to establish such qualities;
3, To provide property owners, contractors and consuitants with technical assistance
and design alternatives to ensure that proposed projects conform with the applicable
standards;
4, Enhance the social, cultural, economic, environmental and aesthetic development of
the community by encouraging both harmonious and innovative design;
5, Promote orderly community growth and protect property values;
. ,
6, Recognize that iand use reguiations aimed at these objectives provide not only for
the health, safety and general welfare of the citizens, but also for their comfort and
prosperity, and for the beauty and balance of the community.
,
14-3C-2 A Iicabili
The City Council may designate buildings, areas, and structures within the City that are subject
to Design Review. The Council may also designate design review districts that contain
contiguous parcels of real property, the built portions of which are expressive of the defining
architectural and other physical and aesthetic properties that give evidence to the physical
traditions of Iowa City and the unique features of the area; or are areas that lack any defining
physical or aesthetic qualities but are piaces where the City wishes to establish such qualities.
A. Designated areas, buildings, and structures
Projects located in the following areas are subject to the design review process:
1. Urban Renewal Project, Iowa R-14
Exterior alterations or new construction occurring on all parcels that were acquired
and lor disposed of by the City as part of the urban renewal project known as Iowa
R-14 are subject to Design Review, Design Review is also required for public right-
of-way improvements occurring within and ~djacent to the urban renewal area
designated as Urban Renewal Project R-14.
2. City Plaza
Design .Review is required for all projects designated as requiring such review by Title
10, Chapter 5, of the City Code, City Plaza. Any public improvements to City Plaza
are also subject to Design Review,
3. Other Public-Private Partnership Agreements
Projects specifically designated as requiring design review pursuant to a development
agreement between a private property owner and the City, such as for urban renewal
parcels and other properties receiving public tax abatements or subsidies:
lo~~
~. os -<"H ~<o
%. \Cl\o ~ ;:)n
4. Sidewalkciifes -,---''
Design review is required for all sidewalk cafes located in the public right-of-way
pursuant to the provisions of Title 10, Chapter 3 of the City Code, Commercial Use of
Sidewalks. '
5. Central Planning District
Any exterior alterations to, additions to, or new construction of Two-Family Uses,
Multi-Family Uses, Group Living Uses, and Institutional/Civic Uses located on a
property in the Central Planning District, are subject to design review according to ~
the rules of applicability and standards contained in Section 14-2B-6, Multi-Family
Site Development Standards (See Central Planning District Map located in Section 14-
2B-6).
6. MU and PRM Zones
All exterior alterations to, additions to, or new construction on properties located
within t1)e MU and PRM Zones are subject to design review according to the rules of
applicability and standards contained in Section 14-28-6, Multi-Family Site
Development Standards, . '
7. Projecting Signs in the cB-2, cB-5 and cB-l0 Zones
All projecting signs proposed for properties located within the CB-2, CB-5 and CB-lO
Zones are subject to design review,
B. Requests for Advice
1. The City Council may request advice and recommendations from the Design Review
Committee on projects located outside of designated areas,
2, Property owners in the CB'10 and CB'5 Zones may request advice from the Design
Review Committee for projects located outside of designated areas, but such advice
will be purely advisory,
C. Exemptions
Ordinary maintenance or repairs that do not Involve changes in architecture and 'general
design, arrangements, texture, material, or color are exempted.
",t
14-3C-3 Desi n Review
Prior to issuance of a sign permit for an exterior sign that is subject to the design review
process or of a building permit to 'aiter the exterior of an existing structure subject to the design
review process or to construct a new building that is subject to the design review process, said
project shall submit an application for Design Review. The applicable level of design review is
listed below,
A. Levels of Design Review
1. Level I Review
a. A Level I Review will be conducted for the following designated areas,
properties, and structures:
(1) City Plaza
(2) Sidewaik Cafes
(3) Central Pianning District
(4) MU and PRM Zones
(5) Projecting Signs in the CB-2, CB-5 and CB-lO Zones
(6) Certain Public-Private Partnership Agreements - level of review is pursuant
to the specific development agreement. '
(7) Minor exterior aiterations, such as signage, window placement, and color
that do not substantially change the building concept of a Council-
approved plan under Urban Renewal Project, Iowa R-14.
b. Applications for Level I Review will be reviewed and approved, modified, or
. disapproved by the staff Design Review.Committee according to the procedures
for Design Review contained in Article 14-8B, Administrative Approvai
Procedures.
fOb
'1
~. <:) s- -l.\:~"iS\o
2.
\(:6:.\\},'\ ~ ~ ~ '\
Level II Review I
a. A Level II Review will be conducted for the following designated areas,
properties, and structures: '
(1) Urban Renewal Project, Iowa R-14, except for minor exterior altera'tions,
such as signage, window placement, and color that do not substantially
change the ,building concept of the Council-approved plan, Such minor
alterations will be subject to Level I Review,
(2) Certain Public-Private Partnership Agreements - level.of review is pursuant
to the specific development agreement.
b. Applications for Level II Review will be reviewed by the stilff Design Review
Committee with their recommendation forwarded to the City Council for
approval, modification, or disapproval according to the procedures for Design
Review contained in Article 14-86, Administrative Approval Procedures,
~ ~
}
B. Approval Criteria
Applications for Design Review will be reviewed for compliance with the guidelines and
standards as referenced below,
1. Urban Renewal Project, Iowa R-14
Design Review subject to the design guidelines listed in Subsection C, below,
2. City Plaza
Design Review subject to design guidelines listed in Subsection C, below,
3. Other Public-Private Partnership Agreements '
Design review guidelines for each such project that is specifically designated as
requiring design review will be pursuant to the development agreement between the
private property owner and the City. In the absence of such guidelines, the design
guidelines listed in Subsection C,below, will be used,
4. Sidewalk Cafes
Design review subject to the design guidelines listed in Subsection C, below, and any
additional req~irements and guidelines listed in Title 10, Chapter 3 of the City Code,
5. Central Planning District
Design Review according to the a'pplicable multi-family site development standards
set forth in Article 14-2B, Multi-Family Residential Zones, '
6. MU and PRM Zones
Design Review according to the applicable multi-family site development standards
set forth in Article 14-2B, Multi-Family Residential Zones,
7. Projecting Signs in the cB-2, cB-5 and cB-l0 Zones
Design Review according to the applicable standards listed in Subsection C, below.
C. Design Review Guidelines
When reviewing a project subject to design review, the Design Review Committee and City
Council will adhere to the following guidelines, if applicable as stated in subsection B,
above. In no case shall these guidelines be used to attempt to replace or override the
other requirements of this Title.
1. Definitions
a. COMPATIBIUTY: Harmony in the appearance of buildings, structures and
landscape developments along the same streetscape.
b. HARMONY: An aesthetically pleasing image resulting from an arrangement of
various architectural and landscape elements along the same streetscape.
C. LANDSCAPE: Elements of nature, topography, buildings and other man-made
objects viewed in relation to one another, '
d. ' MISCEL,LANEOUS STRUCTURES: Structures, other than buildings, visible from
public ways. Examples include memorials, antennas, sheds, shelters, fences and
walls, transformers, drive-up facilities,
e: SCALE: The relationship of the size of elements to one another and to the
human figure,
f. SCREENING: Structures and/or plantings that conceal an area from view of a
publiC way.
'I
l
..il
"
e
'~.
\
~ <,',.,..:~
~,... ~1
~, ~~~~
~~- .
:"'~I
..... . ~
to?
CXd-Cl~-LH ~Co
~, ~D'2 \ 3 n
g. STREET FURNITURE: Man-made objects, other than buildings, that are part of
the streetscape, Examples include benches, litter containers, planting
containers, sculptures, vending machines and newspaper dispensers.
h. STREETSCAPE: The scene of a public street or way composed of natural and
man-made elements, including buildings, paving, plantings, street furniture and
miscellaneous structures.
2.
Building Design
a., The project evaluation will be based on the architectural concepts of the design
and the project's relationship to and compatibility with the defining ,
characteristics of the buildings and site features of the surrounding area or
alternatively, in areas 'proposed for redevelopment or revitalization the proposed
building(s) will be evaluated according to the goals of the revitalization plan;
whether it be to strengthen or preserve the integrity of the existirig-area,orc-to
support a new architectural theme or set of, unifying characteristics for a ~
particular development or area (See Figure 3C.l), , '""
',\\
,-
figure 3C 1 - Unified Architectural Theme
~
ml
,~" .~~
'/
~
~" '
~'li~4'"
AcceptabJe
Unacceptable
b. Architecturally significant buildings proposed for renovation or rehabilitation
should retain the original architectural style and the essential and prominent
features and materials of the original fac;ade,
c. Alignment of the horizontal and vertical architectural features on building fronts
is desirable so as to enhance the visual continuity of the streetscape (See Figure
3C.2, below).
Figure 3C2 - Alignment of architectural features
Alignment of features
ffiEll
ffi Ell m [j] [j]
[!] rn [!]
~~~~
~~~~
Unacceptable
~~~~
~~~~~
Acceptable
{ OJ'
~-::;-:r-
~_e .~
;~.,;
,'~ ~ ,..
.~; ;
."'~~,..
~ "" ",,"":'
.~
~;
<!'.
"
'-.~~'"
. - '-
- .
,.:...,:
;:;:;
.;."'~~
."'_oj,..
~:,~~
"~~e~
~?;'"
.", -'"
f':<.:~
,;;;:,.,
-~~
"
':e:'e
'-""'-'~
~~~::
...~.::><-
...-'-,.,
...~-"...
~!;~:
::;~;:
~\ .0:-:'--4, Z~
C?6 \y\ ~ ~11
d. The development of the first floor level should provide visual interest to and
interaction with pedestrians through the use of such features as windows,
doors, and lighting, Blank stretches of w.aH will be discouraged,
Figure 3C3 -, Pedestrian-oriented streetscape
If;!lB ~
~o'l'
iJ
..~:-.
~'
,--
,--
.t
e. Exterior lighting and fixtures should blend with the architectural design. They
should provide adequate illumination for safety purposes without excess glare,
f. Colors should be an integral part of the architectural style,
g. Rooftop equipment should blend with building design or be screened.
3. Relationship of building(s) to the site
a. The project should integrate with adjoining properties, provide a transition
between the project and pedestrian uses, and provide appropriate landscaping.
Rgure 3C 4 - Integration of pedestrian amenities and landscaping
",,\ ~~:J ~,~~
. \ , u~
" '-.,,' "
\;'l~~ .:-,
. ,......,..;..
" h..
'<'l;~,
.'to.
b. Parking and service areas should blend with the street frontage or be screened
from public view,
c. The scale of each building should be compatible along a street frontage to
preserve the character of the street or to create the desiied streetscape
anticipated by the development plan or agreement. Rhythm and proportion of
buildings, doors, windows and other projections should be considered (See
Figure 3<:'2, above),
. -~,
,~ 'I
~~~~ --
."'- ...
,~.:-:
-.....----
~:~::
',~;':'-:::'
~-:::"
.. ....-'-
-"!' ...
.<0
, .
'-.-,.,
, .
. .
\'.,,-~
"-- 0 - e
~:~~~
,e;~;
._~.e_
,t:>""l!:!!,
.,:,.;e
~~:;~
::o__e~~
~;~~
:'"';~::
:::>,-,"":'
""^::~:
~.e...
~' e'
~~~~
;:~.~
. e ::"
.F ~ ...
',~ ....
~:-" -
\!~
C;;.
~~<~
~~>~
.. ..~_... '"
l,>:
.
." -::
~<-<
'" ~
::.~",-""~
~"'~"
". .
,~ 'C'O
'.""...,'e
~ - ~ '"
.
~-:~ ~:
~...~ ~""
"--.,., --
:"e~":;'
~..." -'"-
"';., -~
~ ~ -.,
~ ." ...
c:::'rvd ' OS - 4:, & \0
<?.3. \\() ~ 3\'1
y' ....- -------
,-
'd. Building materials, colors, textures, lines and masses should harmonize with
adjoining buildings and sites or alternatively, in areas proposed for
redevelopment or revitalization the proposed building materials, colors, textures,
lines and masses should be in harmony with the architectural theme or goals of
the revitalization plan,.whether it be to strengthen or preserve the integrity of
the existing area or to support a new architectural theme or set of unifying
characteristics for a particular development.or area,
e. Site grading work shouid blend with surrounding site grades.
4. Landscaping
a. Landscaping should enhance and complement architectural features and
improve the visual and aesthetic quality of the streetscape.
b. Plants should be protected by appropriate curbs, raised planting surfaces, tree
guards or other devices when located in areas where plants may be susceptible
to injury by pedestrian or motor traffic.
figure 3C5 - Tree guard
"
'1__t";,
.
c. , Paved areas,-such as sidewalks,and parking,spaces, should,be designed to -~(-,
facilitate 'the safe and efficient circulation of pedestrians and vehicles.
d. Service yards, trash receptacles and storage areas shouid be screened by
buildings, fencing, plantings, walls or an appropriate combination of these.
e. Existing natural features should be maintained and incorporated into site design
if possible,
f. Street furniture and miscellaneous structures should be integrated with the
architectural concept and be located and designed to be convenient and
functional for the public. Their design should be compatible with surrounding
buildings and streetscape in scale, materials and color scheme. Alternatively, in
areas proposed for redevelopment or revitalization, the proposed street furniture
and miscellaneous structures should be integrated with the architectural theme
or goals of the revitalization plan, whether it be to strengthen or preserve the
integrity of the existing area or to support a new architectural theme or set of
unifying characteristics for a particular development or area.
5. Signs
a. Ail signs and graphic symbols should relate to the buiiding's design, character,
color scheme, materials and purpose and should be compatible with signs on
adjoining buildings,
b. The number and size of signs should be minimized in order to avoid visual
clutter and to preserve the character of the street fa9lde,
c. Multiple occupancy buildings, such as shopping centers and office complexes,
should develop "signage programs" that promote integrated design and
equitable space and size distribution,
d. Externally lit signs should complement the project design and should not
produce excessive glare,
~. Lettering and graphic styles should be in keeping with the project's design and
character.
Iro
~ . C)s- -~w<o
C?~, \\\ '\ ~~~
figure 3C. 6 - Integration of Signs
",."
BE BE BEl
I . J~:; Hard~~'.
Home Real Estate
Desirable
Undesirable
6. Canopies and Awnings
. a. Canopies and awnings must respect the style and character of the structure on
which they are located, particularly in the material and color.
b. The highest pOint of a canopy/awning or its superstructure must not be higher
than the midpoint of the space between the second story window sills and the
top of the first floor storefront window or transom (See Figure 3C.7, below).
D. Appeals " , '
Any person or persons, jointly or severally, aggrieved by any deCISion of the DeSign
Review Committee regarding a Level I Design Review application may appeal such
decision to the Board of Adjustment according to the applicable procedures for appeals set
forth in Article 14-8C, Board of Adjustment Approv,al Procedures,
figure 3C.7 ~ Awnings and Canopies
"..._\
'-,1,'".
Acceptable
.'
Unacceptable
"e-'
'1/
~ ,os- -4\ '8\0
_<?~,\\~~ ~\1
14-3C-4 Com liance Re uired
Approved applications for design review'authorlze oniy those changes in appearance set forth in
such approved applications and no other changes in appearance. It will be the duty of the
Building Official or designee to inspect, from time to time, any work performed pursuant to sum
an approved application to ensure compliance with the requirements of such application, If it is "'_
found th~t such work is not being carried out in accordance with the approved application, the ~g:
Building Official will issue a stop work order and may deny issuance of a certificate of w
occupancy, Any change in appearance at variance with that authorized by the approved
application shali be deemed a violation of these regulations,
14-3C-5 Revisions to A roved Desi n Plans
If the building application deviates from approved design review applications, the Director of
Housing and Inspection Services or designee wili inform the Design Review, Committee, who will
then determine if the proposed changes are substantive, Substantive changes to an approved
application for design review require submittal of those changes to the Design Review
Committee and approval thereof according to the applicable Design Review procedures,
CHAPTER 4. USE REGULATIONS
Article A. Use Categories
14-4A-l Pur ose
This Article classifies land uses and activities into use categories on the basis of common
functional, product, or physical characteristics. The use categories provide a systematic basis for
assignment of present and future uses to zones, Certain use categories are broken down into
subgroups if further distinction is needed. The decision to permit, permit with provisions, or
allow by special exception a particular use or use category in the various zones is based on the
goals and poliCies of the Comprehensive Plan and the stated purposes of the base zones.
14-4A-2 Classi in Uses
A. Use Characteristics.
1. Land uses are assigned to the use category that, most closely describes the nature of
the principal use, A number of the most common uses are iisted under the
"Examples" subsection for each use category, In some zones developments may
have more than one principal use, Developments may also have one or more
accessory uses, For uses not listed as examples, the following is a list of factors to be
considered when classifying a use into a particular category, and is also used to
determine whether the activities constitute principal uses or accessory uses:
a. The description of the use or activities in' comparison to the stated
characteristics of each use ,category;
b. The 'intensity of the activity or use in cOJ1]parison to the stat~d characteristics of
-"'-t: each use category; ", '
. , ! :' c. The! amou~t of sit~ or floor area and equipment devoted to the use or activity;
d. The presence of and amount of sales from each use or activity;
e. The customer type for each use or activity, For example, do individual
customers come, to the site or does the firm primarily sell goods or services to
other firms?
f. The number of employees involved in the use 0' activity;
g. The hours of operation;
h. The building and site arrangement;
i. The type of vehicles used for the activity;
j. The number of vehicle trips generated by the use or activity;
II-:z.
~ . C:l ~ - Y:\ /(\.0
~~'\\~\~\l
k. How the use advertises itself;
I. Whether the use or activity would be likely to be found independent of the other
,activities on the site;
m. Whether the use is subordinate to and serves another use in the development;
n. Whether a use is subordinate in area, extent ,or purpose to the principal building
or use served;
o. Whether the use contributes to the comfort, convenience or necessity of
occupants, customers, or employees of a principal use; and
p. Any other relevant evidence regarding use or activity that would help to classify
a particular land use,
'2, In cases where a specific use is not listed as an example, the Director of Housing and
Inspection Services shall determine the appropriate category for a use based on the
factors listed in paragraph A1., above, I
3, In cases of dispute, the Zoning Code Interpretation Panel will issue a \'Iritten use
determination. Such determination may be appealed to the Board of Adjustment
according to the procedures outlined in Article 14-8C, Board of Adjustment Approval
Procedures, If an appeal is made, the Board of Adjustment shall determine whether
the City has made an error in classifying the subject use based on the facts in
evidence and the factors listed in paragraph AI., above.
4. Any use that cannot be clearly classified within an existing use category by the
procedures noted above is prohibited, unless incorporated into this Title by a Zoning
Code Text Amendment, the procedures for which are outlined in Article 14-8D,
Planning and Zoning Commission Approval Procedures. A specific use that cannot be
classified into an existing use category shall not be listed as permitted, provisional, or
a special exception in any zone without first establishing a new use category within
this Article by Zoning Code Text Amendment.
B. Use of Examples
1. The "Examples" paragraph under each'use category provides a list of examples of
specific uses that are included in the use category, These lists may not be exhaustive
of ail the specific uses that might be included in a use category,
2. The names of uses on the lists are generic, They are based on the common meaning
of the terms and not on what a specific use may be called, For example, a use with
the business name "Whoiesale Liquidators" that sells mostly to individual consumers,
would be included in the Sales-Oriented Retail category rather than the Wholesale
Sales category, because the actual activity on the site matches the description of the
Sales-Oriented Retail category. ' ,
C. Accessory Uses.
1. For reference purposes, a list of accessory uses commonly associated with a
particular use category is included under a paragraph entitled, "Accessory Uses."
Accessory uses and their associated regulations and requirements are addressed in
detail in Article 14-4C, Accessory Uses and Buildings, '
2, A use that is accessory to a principal use in one instance may in other circumstances
be considered a principal use. For example a large business may provide an in-house
daycare center for employees, This daycare center would be considered an
accessory use, However, a daycare center would be considered a separate principal
use if it were not affiliated with another business or use on the property,
D. Exceptions
Some of the use categories may contain an "Exceptions" paragraph, These paragraphs
provide a, cross-reference for uses that may seem to be part of a particular category, but
which are explicitly classified into a different use category,
~
,J::'
~
. ,
v
( I]
Prohibited U~- C;r-l...c\ . as- - '-\ \ % \0 - '(.<s : \ '~_~ :S\,
Certain uses are specifically prohibited in the City of Iowa City, even though they may be
construed to be part of a particular use category, These uses are listed in a paragraph
entitled, "Prohibited," under the relevant use category. As noted in paragraph 14-4A-
,2A(4), above, some uses may also be prohibited because they cannot be clearly classified
within an existing use category by the procedures set forth in subsection 14-4A-2A.
F. Developments with Multiple Principal Uses
Developments with multiple principal uses wili be categorized using the following rules:
E.
1. When all of the principal uses of a development fall within one use category, then the
entire development is assigned to that use category, For example, a development
that contains a hair salon, a drycleaners, and a pho(ographic studio, would be
classified as Personal Service-Oriented Retail.
2. When the principal uses of a development fall within different use categories, each
principal use is classified into the applicable use category and each use is subject to
all applicable regulations for the use category, For example, a development that,
contains a store that sells musical instruments and an architectural office would fall
into two different use categories: Sales-Oriented Retail and General Office,
3, Developments with multiple principal uses, such as shopping centers, shall
incorporate only those uses permitted or allowed as provisional or by special
exception in the underlying zone,
14-4A-3 Residential Use Cate ories
::'-
~:
A. Household Living Uses
1. Characteristics
The residential occupancy of a dwelling unit by a single household or group
household. Each dwelling unit contains its own facilities for living, sleeping, cooking
and eating meals, Tenancy is arranged on a month-to-month basis, or for a longer
period,
2. Examples
Examples include uses from the subgroups listed below. The Single Family Uses are
further divided into various dwelling types, because these dwelling types ~ave distinct
dimensional and development standards based on the zone in which they are located.
Group Households, given that they are a type of "household" rather than a type of
dwelling, are permitted in any type of dwelling listed in the three other subgroups.
a. Group Households
Group Households include only the following specific uses: elder family homes,
eider group homes, and family care homes, all as defined in Article 14-9A,
General Definitions,
b. Single Family Uses
A Single Family Use is a Household Living Use where there is no more than one
principal dwelling unit per lot. Single Family Uses include the following dwelling
types.
(1) Detached Single Family Dwellings: Farm dwellings; detached single family
houses; manufactured horries; modular homes; and mobile homes, if
converted to real property and taxed as a site built dwelling, as provided in
the Code of Iowa, as amended. (See Exceptions, below),
(2) Detached Zero Lot Line Dwellings.
(3) AttachedSingle Family Dwellings. Attached zero-lot-line dwellings;
townhouse dwellings.
c. Two Family Uses
Two Family Uses are Household Living Uses in which there are two principal
dwelling units within a single building and both dwelling units are located on the
same lot. These uses are often referred to as duplexes,
.d. Multi-Family Uses
Multi-Family Uses are Household Living Uses where there are three or more
principal dwellings units within a single building and all dwelling units within the
building are,located on the same lot. These uses include apartments, ' y..... ,~_
condominium apartments, elder apartments, assisted living apartments,
townhouse-style apartments and condominiums, efficiency apartments, and
dwelling units located within mixed-use buildings.
114
.,
'-
I
(5-U.. os -~\<:t\o
,___~~, \\'S''\ ~\\
.
3.. Accessory Uses
Private recreational uses; storage buildings; parking for residents' vehicles, Home
occupations, accessory dwelling units, childcare homes, and bed and breakfast
facilities are accessory uses that are subject to additional regulations outlined in
Article 14-4C, Accessory Uses and Buildings.
Excep~ions
a. Mobile homes located within manufactured housing parks approved through a
Planned Development process are considered Detached Single Family Dwellings,
regardless of whether they are converted to real property and taxed as site built
, dwellings. '
b. Detached Single Family Dwellings and Detached Zero Lot Line Dwellings
approved thro~gh a Planned Development process are considered Single Family
Uses for purposes of this Title, even if they are located on one common lot and
sold as condominiums,
4.
c. Single Family Uses that contain accessory apartments are not considered a Two
Family Use,
d. Mixed-use buildings containing dwelling units are always considered Multi-Family
Uses, regardless of the number of dwelling units within the building,
'e. Uses such as hotels, motels, and guest houses, which by definition may arrange
tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as
Hospitality-Oriented Retail.
f. Transient housing, ~hich by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form of temporary
lodging or shelter and is classified as Community Service - Shelter.
g. Alternatives to incarceration, such as halfway houses, where residents are
placed in the facility by court order and are under supervision of employees or
contractees of the Department of Corrections, are classified as Detention
Facilities. '
B. Group Living Uses
1. Characteristics
Group Living uses are characterized by the residential oc~upancy of a dwelling by a
group of people that do not meet the definition of a household or group household.
The size of the group is typically larger in size than the average size of a family or
, household, Tenancy is arranged on a month-to-month basis, or for a longer period.
Group Living structures contain individual rooming units with private or shared
bathroom facilities and may also contain shared kitchen facilities, and/or common
dining and meeting areas for residents, The residents mayor may not receive any
combination of care, training, or treatment, but those receiving such services must
reside at the site,
2, Examples
Examples include uses from the three subgroups listed below.
a. Assisted Group Living
Group care facilities, including nursing and convalescent homes; assisted living
facilities,
b. Independent Group Living
Rooming houses; rooming house cooperatives.
c. Fraternal Group Living
Fraternities; sororities; monasteries; convents,
3, Accessory Uses
Recreational facilities; meeting rooms; associated offices; food preparation and dining
facilities; off-street parking for vehicles of the occupants and staff; storage facilities;
off-street loading areas,
4. Exceptions
a. Uses such as hotels, motels, and guest houses, which by definition may arrange
lis-
b.
.~. as-'-\~'8\o --'
tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging arid are classified as
Hospitality-Oriented Retail.
Family care homes, elder group homes, and elder family homes are considered
Group Households and are classified as Household Living Uses, ';' )
Transient housing, which by definition arranges tenancy for periods shorter than
one month, is not considered residential. It is considered a form o(temporary
,
lodging or shelter and is classified as Community Service - Shelter. f
Alternatives to incarceration, such as halfway houses, where residen,ts are
placed in the facility by c9urt order and are under supervision ,of employees or
contraCtees of the Department of Corrections, are classified as Detention
Facilities. " ,
c.
d.
14-4A-4 Commercial Use Cate ories
A. Adult Business Uses
1. Characteristics
Any amusement or entertainment establishment, bookstore, massage establishment,
motion picture theater, video rental or sales establishment, or other similar use, in
which 25% or more of its floor area is customarily not open to the public generally
but only to one or more classes of the public excluding any minor by reason of age
under Chapter 728, obscenity, Code of Iowa, as amended. ' "
2. Examples
Adult book stores; adult video stores; nightclubs featuring nude dancing,: ,f
3. Accessory Uses I
Off-street parking.
4. Exceptions
Therapeutic massage is considered Personal Service-Oriented Retail.
B. Animal-Related Commercial Uses '
1. Characteristics .
Commercial services related to the temporary care, medical treatment, or cremation
of domestic animals, Uses are divided into two subgroups based on the intensity of
the use, outdoor activity on the site, and the potential for noise and odor related
externalities.
2. Examples
This category includes uses from the two subgroups listed below
a. General. Veterinary clinics; animal grooming establishments; pet crematoriums,
b. Intensive: Kenneis; stables.
c.
3. Accessory Uses
Boarding facilities and pet crematoriums within veterinary clinics; overnight sleeping
accommodations for, staff; parking; outdoor animal exercise areas associated with
kennels and stables
4. Exceptions
,
a. Pet and pet supply stores are classified as Sales-Oriented Retail. ' '.
b. Pet crematoriums may also be considered an accessory use to a mortuary or
funeral home:
Commercial, Recreational Uses
1. Characteristics " ~
Commercial facilities used primarily for physical exercise, recreation, or culture.
Outdoor uses in this category are typically land-intensive uses that provide
continuous recreation or entertainment-oriented activities. They may take place in a
number of structures that are arranged together in an outdoor setting. Indoor uses
in this category may require larger indoor areas to accommodate equipment or
facilities for the proposed activity.
2. Examples
Examples include uses from the two subgroups listed below:
a. Outdoor: Campgrounds; commercial tennis and swimming facilities; drive-in
theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf
. facilities; commercial amphitheaters; amusement parks; privately-owned active
sports facilities such as ball fields,
~, i t-5.
<:?o\\ \0, ~ \l
"
-
- -
- .
~'::.~
~ - ,--.'~
"';;:;"'";
- -
;;;;; ::.j;~
~;:.
'" :~'"
~. ~ '"
"' '~.'
.:;.:
. -'
>-:-...~
- -,'I
,
'" ~~
I;~
~~.\\'-~~\\
Indoor: Physical fitness centers; health clubs; gyms; bowling alleys; indoor
skating rinks; billiard halls; amusement arcades; indoor theaters; indoor play
parks.
Accessory Uses
Concessions; off-street parking; maintenance facilities,
Exceptions
a. G9if courses are considered Parks and Open Space, r ,
b. Commercial art galleries are classified as Sales-Oriented Retail.
c. Private lodges and clubs are classified as Religious/Private Group Assembly.
d. Uses of a public, nonprofit, or charitable nature, such as community centers,
libraries and museums are considered Community Service.'
e. Establishments featuring nude dancing are considered an Adult Business Use.
~ ,ClS--4'~~
;7;<
b.
, )
3.
4.
D. CommerCial Parking Uses
1. Characteristics ,
Commercial parking facilities provide parking that is not accessory to a specific use. A
fee mayor may not be charged, A facility that provides both accessory parking for a
specific use and regular fee parking for people'not connected to the use is also
classified as Commercial Parking, . .
2. Examples
Municipal parking facilities; short term and long term fee parking facilities;
commercial shuttle parking facilities; mixed parking lots (partially for a specific use,
partly for rent to others), i
Eating and Drinking Establishments
1. Characteristics
. ~
Establishments where the principal activity is the dispensing and consumption of
prepared food and/or beverages. Depending on the type of establishment, food
and/or beverages may be consumed on or off of the premises, 'These uses may vary
with regard to traffic generation, congestion, and the potential for off-site impacts.
Therefore, the size, location, and accessory uses permitted may be regulated
differently based on the underlying zoning. I'
2. Examples
Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms;
supper clubs; fast food restaurants; bars; nightclubs; taverns; cocktaillo!lnges.
3. Accessory Uses
Off-street parking, Drive-through facilities and sidewalk cafe seating are accessory
uses that are subject to additional regulations outlined in AJ:ticle 14-4C, Accessory
Uses and Buildings.
4. Exceptions .
Establishments featuring nude dancing 'are considered an Adult Business use.
Quick Vehicle Servicing Uses
1. Characteristics
Quick Vehicle Servicing uses provide direct services for motor vehicles where the
driver gen'erally waits in the car or on-site before a~d while the service i,s Ile.rformed,
The facility may include a drive-through area where the service is performed. 'Full-
serve and mini-serve gas stations are always classified as a principal use; rather than
an accessory use, even when they are in conjunction with other uses. ,<,
"
2. Examples , "
Full-serve and mini-serve gas stations; unattended card key serviCe stations; car
washes,
,," .~
3. Accessory Uses "00.,
Off-street parking and stacking lanes, .,
4. Exceptions ",'
a. Repair and service of consumer motor vehicles, motorcycles,' and light and
medium trucks is classified as Vehicle Repair and is considered a principal' use '
rather than an accessory use, even when in conjunction with a gas station or
other use. A development with both'a gas station and automotive.repair shop
would be classified as containing two prinCipai uses: Quick Vehicle Servicing and
Vehicle Repair.
E.
~
F.
f
..~ ',-,
: '<-:.
". -~... ~
"-
....
, .
-:...
_oj..,-
--""....-::
.,;;; iJ".
-
-
;. -,~
- .
... ......
- -:: '-:;.I
"
~
-.,-. ,
",-;.-<;;.
w ~ _ "''";
r." ,-'
: :~~
. .
- . ,
: -:~~
... "',"
- ...~..
~
""":"
1\1
. ~.
""..,
C'YLJo,s--4\'iI\.o
~0~ \\'& '\ ~\\
--~-
b. A convenience store located on the same' lot as a Quick Vehicle servicing use is
regulated as a separate prindpal use, Sales-Oriented Retail. '" ' ,~ .
<=> {~
'. c. Repair and service of industrial vehicles and equipment, and heavy trucks is
classified as Industrial Service,
d. Fleet vehicle refueling facilities that are located on the site where the fleet
, , vehicles are kept are classified as an accessory use.
'v"
c:-,:.' J
~(; :
" "e. Salons and spas that offer 'therapeutic massage and other aesthetic health
treatments are classified as Personal service-Oriented Retail.
H. Retail Uses
1. Characteristics
Establishments involved in the sale, lease, or rent of new or used products to the
.; , general public for personal or household consumption and establishments involved in
the sale of personal services, hospitality services, or product repair services to the
general public. _ ~" - -- - ,-'
1\ ~
. .
~.;
.- -
~
,
,
\
,
. -
'.
!
, '
,
"
....,-
,"
"
." - ::-
'" C" ~
- -
""-4
I'
"
\'<\ , \\,\\?J\\
~ .(JS--~\I('\o '--.)
-- - -- _. ~------- -
~
'2:--Examples
" ',,' Examples include uses from the five subgroups'listed below:
'a. Sales-oriented. Stores selling, leasing, or renting consumer, home, and business
'" l' goods, including, but not limited to, antiques, appliances, art, art supplies,
. Ie' bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers,
) 1, furniture, garden supplies, gifts, groceries, hardware, household products,
jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery,
videos. Also includes retail establishments that have a cottage industry
component, such'as bakeries, confectioneries, upholsterer, artist/artisan's
studios, and similar.
, J, ,b. Personal SelVice-Oriented: Establishments engaged in providing retail services
t 'i and services related to the care of a persOn or a person's apparel, such as retail
banking establishments, laundromats, catering services, dry cleaners, tailors,
shoe repair, photographic studios, photocopy services, quick printing services,
y;;iq -:tr', 'blueprintservices"beauty salons, tanning salons;,therapeutic massage . :'''-~''-<'
establishments, taxidermists, mortuaries, funeral homes, and crematoriums.
c. Repair-Oriented. Repair of consumer gocids, such as electronics, bicycles, office
equipment; appliances.
d. Hospitality-oriented. Hotels; motels; convention centers; guesthouses;
commercial meeting halls/event facilities.
e. Outdoor Storage and Display-Oriented. Uses that typically include large areas of
outdoor storage or display, such as lumber yards; sales or leasing of consumer
, ,;, vehicles, including passenger vehicles, light and medium trucks, and recreational
vehicles; sales of landscaping materials and nursery products to ,the general
public; farm supply and implement saies; equipment or vehicle rental
bu~inesses.
i -
l'
J( :Of
,)
?!
;:1
3. Accessory Uses
Offices; storage of goods; assembly, repackaging, or,processing of goods for on-site
sale; off-street parking, services incidental to the sale of goods; wholesale sales,
, ..Crematoriums, for either human or p'et remains, may be an accessory use to a
, "funeral home or mortuary,
4, " Exceptions
a. Lumber yards and other building material suppliers that sell primarily to
contractors and do not have a retail orientation are classified as Wholesale
Sales.
Repair of consumer motor vehicles, motorcycles, and light and medium trucks is
classified as Vehicle Repair.' Repair and service of industrial vehicles and
equipment, and heavy trucks is classified as Industrial Service.
Sales, rental, or leasing of heavy trucks and equipment is classified as Wholesale
Sales.
Firms that primarily sell tree nursery products and landscaping materials to
, other retail outlets rather than to the general public are considered Wholesale
Sales,
Restaurants and/or bars that are located within a Hospitality-Oriented Retail use
are regulated separately as a principal use and are subject to any specific
regulations related thereto.
Bed and Breakfast Inns and Bed and Breakfast Homestays are considered
accessory uses to owner-occupied Detached Single Family Dwellings and are
regulated according to the provisions specified for such uses in Article 14-4C,
Accessory Uses and Buildings,
A pet crematorium, if a principal use on a property, is considered an Animal-
Related Commercial Use. Pet crematoriums may also be an accessory use to a
veterinary clinic,
Bed and Breakfast Inns and Bed and Breakfast Homestays are considered
accessory uses to Household Uving (See Article 14-4C, Accessory Uses and
Build~g~).
l'
b.
,c.
1 "
,~ I
('1 d.
,"',11
! OJ
e.
\- ,n
~. f.
,L
g.
h.
\ \ I
.;0"7-
'..., '" ~
" -
" .~
"., .
~--~~
Ch..\. , OS- - 4l8<o
~d .\~~ ,~\\
"
I. ' Su~ Passenger Services
1. ,Characteristics
. Passenger tenminals for regional bus and passenger rail service.
2. ' Examples
s ' Regional bus and passenger rail depots; charter and rental bus services.
3. AcceSsory Uses
Offices; concessions; parking; maintenance and fueling facilities:
4. Exceptions
Bus stations and park-and-ride facilities for local mass transit are classified as General
',. ,Community Service Uses.
;., ".
J. Vehicle Repair Uses
1.' ; Characteristics
( Establishments providing repair and servicing of passenger vehicles, light and
, ! medium trucks and other consumer motor vehicles such as motorcycles, boats and
recreational vehicles. Generally, the customer does not wait at the site while the
: service or repair is being performed. '
2. Examples
., Vehicle repair shops; auto body shops; transmission and muffler shops; alignment
shops; auto upholstery shops; auto detailing services; tire sales and mounting.
3. Accessory Uses
Offices; sales of parts; off-street parking; vehicle storage.
4. Exceptions
a. Towing services and the repair and service of industrial vehicles and equipment
and of heavy trucks are classified as Industrial Service,
b. Vehicle wrecking ~nd salvage are classified as Salvage Operations,
c. Quick vehicle lubrication businesses are classified as Quick Vehicle Servicing,
14-4A-S Industrial Use Cate ories
A. Industrial Service Uses
1. Characteristics
Firms that are engaged in the repair or servicing of industrial, business or consumer
machinery, equipment, products or by-products. Industrial Service firms that service
or repair consumer goods do so primarily by providing centralized services for
separate retail outlets, rather than for individual customers, Few customers,
especially the general public, come to the site,
2. Examples
Building contractor faciiities, yards, and preassembly yards; welding shops; machines
shops; tool repair; electric motor repair; repair of scientific or professional
instruments; repair of heavy machinery; towing and vehicle storage; servicing and
, repair of medium and heavy trucks; building, heating, plumbing or electrical
contractors; exterminators; ja'litorial and building maintenance services; fuel oil
distributors; solid fuel yards, laundry, dry-cleaning, and carpet cleaning plants;
schools for industrial trades.
3. Accessory Uses
Offices; parking; storage; rail spur or lead lines,
4. Exceptions
a. Contractors and others who perform services off-site are included in the Office
Use category if large equipment and materials are not stored indoors or
outdoors on the site, and fabrication, or similar work, is not conducted on the
site.
b. Recycling processing facilities are classified as General Manufacturing.
c. Schools that offer training in industrial trades, but that do not Include training
on large equipment or vehicles, and that do not include activities that generate
noise, odors, or dust more typical of industrial uses are classified as Specialized
Educational Facilities or Colleges and Universi.ties,
I~o
~" CIS' -4-\ '\{<O
---~G-' \~\~ ~\\
B.
Manufacturing and Production Uses
1. Characteristics
Firms that are involved in the manufacturing, processing, fabrication, packaging, or
assembly of goods, Natural, man-made, raw, secondary, or partially completed
materials may be used. Products may be finished or semi-finished and are generally
made for the wholesale market, for transfer to other plants, or to order for
businesses or consumers. Goods are generally not displayed or sold on site, but if
so, they are a subordinate part of sales, Relatively few customers come to the
manufacturing site.
2. Examples
Examples include uses fro~ the three subgroups listed below:
a. Technical/Light Manufacturing: Firms engaged in the manufacturing,
development, processing, fabricating, packaging or assembling of electronic
components; electrotherapeutic, electromedlcal and x-ray apparatus;
engineering, scientific and research laboratory equipment; measuring and,
controlling instruments; office, computing and accounting machines; computer
software; optical instruments and lenses; pharmaceuticals; photographic
equipment and supplies; photofinishing laboratories; printing, publishing, and
lithography facilities; research and development laboratories,
b. General Manufacturing. Manufacturing, compounding, assembling or treatment
of most articles, materials, or merchandise, This subgroup excludes those
manufacturing firms listed 'as examples under Heavy Manufacturing and also
excludes those manufacturing uses that are expressly prohibited in Iowa City.
For example, this subgroup includes the manufacture of most chemicals and
,~ ..."..;;..... "~,",". ...-> - ~ - ~ - '~'.
allieij'products and the "manufacture of most food and kindred products, except
those listed under the Heavy Manufacturing subgroup,
c. Heavy Manufacturing. Manufacturing firms not included in the manufacturing
categories above because they may have significant external effects (excessive
odor, fumes, smoke, dust, hazardous waste) on adjacent less intense
commercial or industrial uses. Included in this category are uses such as
concrete batch/mix plants; asphalt mixing plants; meat packing plants; sawmills
and planing mills; wet corn milling; manufacture of animal feeds; and paper and
paperboard mills.
3. Accessory Uses
Offices; cafeterias; off-street parking; employee recreational faciiities; on-site daycare
facilities; warehouses; storage yards; rail spur or lead lines; docks; repair facilities;
truck fleets,
4. Exceptions
a. Manufacturing of goods to be sold primarily on-site and to the general public are
dassified as Sales-Oriented Retail.
b. Salvage and wrecking of automobiles, trucks, and other heavy machinery is
classified as Salvage Operations,
S. Prohibited Uses
, Rendering piants; Portland cement plants; stockyards and slaughterhouses;
manufacture of fertilizers or explosives; oil refining and alcohol pi ants; steel mills;
pulp mills.
Salvage Operations
1. Characteristics
Rrms that collect, store, and dismantle damaged or discarded automobiles, trucks,
machinery, appliances, and building materiais, Damaged goods are (lften dismantled
in order to salvage usable parts for resale.
2. Examples
Auto and truck salvage and wrecking; salvage and wrecking of heavy machinery,
appliances, and building materials,
3. Accessory Uses
Towing services; offices; parking; storage.
4. Exceptions '
a. Recycling processing facilities are classified as Waste-Related Uses,
b. Uses that receive, store, or dispose of liquid or solid organic materials or waste
are classifled as Waste-Related Uses,
.
c.
(~l
~ ,oS- -y,~ '8'(P
~'t. \~~~ ~\\
----<::;:
D.
Self-Service Storage Uses
1. Characteristics
Uses that provide separate storage areas for individual or business uses, The storage
areas are designed to allow private access by the tenant for storing or removing
personal property.
2. Examples
Mini-warehouses; mini-storage facilities.
3. Accessory Uses
Security and leasing offices, Use of the storage areas for sales, service, repair
operations, or manufacturing i~ not considered accessory to a Self-Service Storage
use.
4. Exceptions
A transfer and storage business where there are no individual storage areas or where
employees are the primary movers of the goods to be stored or transferred is
classified as Warehouse and Freight Movement.
Warehouse and Freight Movement Uses
1. Characteristics
Firms involved in the storage or movement of goods for themselves or other firms.
Goods are generally delivered to other. firms or the final consumer, except for some
will-call pickups, There is little on-site sales activity with the customer present.
2. Examples
Separate warehouses used by retail stores such as furniture and appliance stores;
household moving and general freight storage; cold storage plants, including frozen
food lockers; major wholesale distribution centers; truck and air freight terminals;
railroad switching yards; bus and railcar storage lots; taxi fleet parking and dispatch;
fleet parking; parcel services; major postal facilities; grain terminals; and the
stockpiling of sand, gravel, and other aggregate materials.
3. Accessory Uses
Offices; fleet parking and maintenance areas; rail spur or lead lines; docks; and
repackaging facilities,
4. Exceptions
a. Uses that involve the transfer or storage of solid or'liquid wastes are classified
as Waste-Related Uses,
'(
E.
~'
b. Mini-warehouses are classified as Self-Service Storage,
F. Waste-Related Uses
1. Characteristics
Uses that receive solid or liquid wastes from others for disposal on the site or for
transfer'to another location; uses that collect sanitary wastes; uses that recycle solid
waste or recyclable materials; and uses that manufacture or produce goods or energy
from biological decomposition of organic material.
2. Examples
Recycling processing facliities; sanitary landfills; limited use landfilis; waste
composting; waste transfer stations; energy recovery piants; sewage treatment
plants; portable sanitary collection equipment storage and pumping; and hazardous
waste collection sites.
3. Accessory Uses
Recycling of materials; offices; repackaging and transshipment of by-products,
4. Exceptions
Uses that receive, store, and dismantle damaged or discarded vehicles, machinery,
appliances or build,ing materials for reuse or resale of component parts are classified
as Salvage Operations,
5. Prohibited Uses
Disposal, reduction or dumping of dead animals or offal; radioactive waste storage or
disposal facilities.
G. Wholesale Sales Uses
1. Characteristics
Firms that are invoived in the sale, lease, or rent of products primarily intended for
industrial, institutional, or commercial businesses, The uses emphasize on-site sales
or order taking and often include display areas, Businesses mayor may not be open
to the general public, but sales to the general public are Ii~ited, Products may be
picked up on site Or delivered to the customer.
I~~
_ 2:- Examples~ ~-:.. OS - '-n '8 l.c ~, \ ~?:>. ~ .:5 \l
Wholesale sales and rental of heavy trucks, machinery, equipment, building
materials, special trade tools, welding supplies, machine parts, electrical supplies,
janitorial supplies, restaurant equipment, and store fixtures; mail order houses;
wholesalers of food, clothing, auto parts, and building hardware,
3. Accessory Uses
Offices; products repair; warehouses; parking; minor fabrication services;
repackaging of goods.
4. Exceptions
a. Firms that engage primarily In sales to the general public 'or on a membership
basis are classified as Sales-oriented Retail. '
b. Firms that are primarily storing goods with little on-site business activity are
classified as Warehouse and Freight Movement.
c. Wholesaie plant or tree nurseries are classified as Agriculture.
14-4A-6 Institutional and Civic Uses
.
,
A. Basic Utility Uses
1. Characteristics
Basic Utilities are infrastructure services that need to be located in or near the area
where the service is provided, Basic Utility uses generally do not have a large number
of employees at the site, Services may be publicly or privately provided,
2. Examples
Utility substation facilities, such as electric substations, gas regulator stations, \
telecommunications switching and relay facilities; water and sewer lift stations, water
towers, and reservoirs. ' ,
3. Accessory Uses
Parking; control, monitoring, data or transmission equipment.
4. Exceptions
a. Services where employees or the general public are generally present are
classified as Community Service or Office Uses,
b. Utility offices where employees or customers are generally present are classified
as Office Uses,
c. Bus barns are classified as Warehouse and Freight Movement.
d. Communications towers, including radio, television, and wireless
communications infrastructure are classified as Communication Transmission
Facilities.
B. Colleges and Universities
1. Characteristics
Public or private colieges and universities that offer courses of generai or specialized
study leading to a formal degree, Colleges, universities and professional schools
granting academic degrees and requiring at least a high school diploma or equivalent
general academic training for admission, Junior colleges and technical institutes
requiring at least a high school diploma or equivalent general academic training for
admission and granting associate academic degrees, certificates or diplomas, These
uses tend to be in campus-like settings or on muitiple blocks.,
2. Examples
Examples include uses from the following two subgroups:
a. Public. Public universities and community colleges that are under state
jurisdi,ction,
b. Private: Private colleges and universities; private technical colleges; private
nursing and medical schools not accessory to a hospital; seminaries,
3. Accessory Uses
Offices; housing for students; food service; laboratories; health and sports facilities;
theaters; meeting areas; parking; maintenance facilities; support commercial.
4. Exceptions
Business, technical, trade, martial arts, music, dance, and drama schools/studios are'
classified as Specialized Educational Facilities, However, business and technical
colleges that offer degree programs in campus-like settings are classified as Private
Colleges and Universities.
4
'u
(Y\..d.C)s -1...\;\& ~,,-~'(;s' \~L\~, 2l~1
C. Community Service Uses
1. Characteristics
Uses of a public, nonprofit, or charitable nature providing a local service to people of
the community, Generally, they provide the service on the site or have employees at
the site on a regular basis. The service is ongoing, not just for special events.
Included are community centers or facilities that have membership provisions that
are open to the general public to join at any time, e,g., a senior center that allows
any senior to join, The use may provide shelter or short term housing where tenancy
may be arranged for periods of less than one month when operated by a public or
non-profit agency. The use may also provide special counseling, education, or
training of a public, nonprofit or charitable nature,
2. Examples
Examples include uses from the following two subgroups:
a. General Community Service: Libraries; museums; transit centers; park and ride
facilities; senior centers; community centers; neighborhood centers; youth club
facilities; some social service facilities; vocational training facilities for the
physically or mentally disabled; soup kitchens; surplus food distribution centers;
public safety facilities, such as police and fire stations.
b. Community ServIce - Shelter: Transient housing operated by a public or
nonprofit agency.
3. Accessory Uses
Offices; meeting areas; food preparation areas; parking; health and therapy areas;
daycare uses; athletic facilities,
4. Exceptions
a. ReligiOUS institutions and private clubs and lodges are classified as
Religious/Private Group Assembly Uses.
b. Group care facilities where patients are residents of the facility are classified as
Assisted Group Living.
'c. Private, for-profit athletic or health clubs are classified as Indoor Commercial
Recreational Uses.
d. Private, for-profit art galleries are classified as Sales-Oriented Retail.
e. Social service agencies that consist primarily of office and counseling functions
and operate in a similar fashion to other office uses are classified as General
Office.
f. Parks and'cemeteries are classified as Parks and Open Space.
g. Uses where tenancy is arranged on a month-to-month or longer period are
residential, and are classified as Household Living or Group Living.
h. Alternatives to incarceration, such as halfway houses, where residents of the
facility are'under supervision of sworn officers of the court are classified as
Detention Facilities,
"
,
.,
D. Daycare Uses
1. Characteristics
A non-residential facility that provides less than 24-hour-per-day care or supervision
for children and adults for a fee, Daycare uses also include organized programs of
short-term supportive daycare in a group environment for adults who need
supervision, assistance or both. Services may include, but are not limited to nursing
and rehabilitative services, personal care, transportation services, social or
recreational activities, and preventative or restorative services.
2. Examples
Childcare centers; adult daycare; preschools and latch key programs not accessory to
an Educational Facility use,
3. Accessory Uses
Offices; recreational areas; playgrounds; parking,
.. ,>;
l-=t'l
~. <Js -4l 'Klo
C? C. ~~,~'3 n
- - . . _. --."\
. '4. -Exceptions
a. A Childcare Home (See CHILDCARE HOME in Article 14-9A; General Definitions)
is considered an accessory use and is subject to the requirements of Article 14-
4C, Accessory Uses and Buildings,
b. Preschools and latch key programs located within an Educational Facility are
considered an accessory use and are subject to the regulations sf Article 14-4C,
Accessory Uses and Buildings. .
c. Daycare centers that provide on-site care for the employees of a particular
business are considered accessory uses and are subject to the regulations of
Article 14-4C, Accessory Uses and Buildings.
E. Detention Facilities
1. Characteristics
Facilities for the judicially required detention or incarceration of people. Inmates and
detainees are under 24-hour supervision by employees or contractees of the
Department of Corrections, except when on an approved leave, This category also
includes alternatives to incarceration, such as halfway houses, where residents or
inmates are placed by and remain under the supervision of the courts,
2. Examples
Prisons; jails; probation centers; juvenile detention homes; halfway houses.
3. Accessory Uses
Offices; recreational and health facilities; therapy facilities; maintenance facilities;
hobby and manufacturing activities,
4. Exceptions
a. Programs that provide care and training or treatment for psychiatric, alcohol, or
drug problems, where patients are residents of the program, but where patients
are not under 24-hour supervision of employees or contractees of the
Department of Corrections, are classified as Assisted Group Living.
b. Programs that provide transitionailiving experience for former offenders, where
residents are not currently under 24-hour supervision by employees or
contractees of the Department of Corrections, are classified as Assisted Group
Living. '
. F. Educational Facilities ' ,
1. . Characteristics "
Public and private schools that provide state-mandated primary and secondary
generalized education; and schools for specialized activities, such as dance, music,
martial arts, business, and technical skills. ' '
. 2. Examples
Examples include uses from the following two subgroups:
a. General Educational Facilities: Public and private elementary, middle, junior high
and senior high schools, including such schools owned or operated by a religious
entity; boarding schools; military academies, .
b. Specialized Educational Facilities: Schools primarily engaged in offering
specialized trade, business, or commercial courses, but not academic training,
Also specialized nondegree-granting schools, such as music schools, dramatic
schools, dance studios, martial arts studios, language schools and civil service
and other short-term examination preparatory schools.
3. Accessory Uses
Cafeterias; parking; play'areas; recreational and sports facilities; auditoriums;
preschools; before and after school programs,
4. Exceptions l
a. Preschools that are not accessory to an Educational Facility Use are classified as
Daycare,
b. Schools that offer training in industrial trades that include training on large
equipment or vehicles, or that include activities that generate 'noise, odors, or
dust more typical of industrial uses are classified as Industrial Service,
c. Business, technical, and other colleges that offer degree programs in campus-
like settings are classified as Private Colleges and Universities, ..,
c
:i,,'
~ ~
,
.
,-
.
"
0'
-'
I~
G--u.\, as -4\ '81.0
'_ __ -~6 :\~\O ~ ~ \I
G.
Hospitals
1. Characteristics
Uses providing health services for in-patient medical care for sick or injured humans,
Including related facilities that are an integral part thereof, such as laboratories, out-
patient facilities, staff offices and emergency medicai services. Hospitals tend to be
on multiple blocks or in campus settings.
2. Examples
Hospitals; medical centers.
3. Accessory Uses " ;
Out-patient clinics; offices; laboratories; teaching facilities; meeting areas; cafeterias;
parking, maintenance facilities; overnight facilities for staff or trainees; crematoriums,
4. Exceptions
a. Uses that provide exclusive care and planned treatment or training for ;,
psychiatric, alcohol, or drug problems, where' patients are residents of the
program are considered group care facilities and are classified as Assisted Group
Living. ::
b. Medical clinics that provide care where patients are not kept overnight are'
classified as Medical/Dental Offices, ' .
c. Heliports, helipads and helistops are not considered an accessory use to or an
integral part of a Hospital Use. Such uses are considered AViation-Related Uses
and are always regulated as a principal use,
. ,
. . - ~ ~ ~
-,
1
H.
Parks and Open Space Uses
1. Characteristics
Large areas consisting mostly of natural areas, formal or informal landscaped open
space, and/or open space for outdoor assembly and recreation. This category;
includes both public open space areas as well as private, shared open space, These
uses tend to have few structures.
2. Examples
Parks; golf courses; cemeteries; public squares; plazas; botanical gardens;
arboretums; community gardens; boat launching areas; nature preserves,
3. Accessory Uses .
Maintenance facilities; concessions; parking. Mausoleums, columbariums, and
crematoriums within cemeteries and recreational uses within private open space
areas, such as clubhouses, tennis courts, sports fields, and swimming pools, are
regulated as accessory uses and ,are subject to the regulations of Article 14-4C, ),
"
Accessory Uses and Buildings.
4. .' Exceptions
Recreational uses, such as health and athletic clubs, operated as commercial
businesses that are open to the general public, whether payment is on a fee for
services or on a membership basis, are classified as Commercial ReCreational
Uses.
Accessory outdoor recreational facilities that are located on private property that
are exclusively for use of those that live on the property are considered an
accessory use to the principal use of the property. For example, a swimming
pool, tennis court, or other similar facility located on a property that has as its
principal use an apartment building would be considered an accessory use to a
Multi-Family Use, not an accessory use to a Parks and Open Space Use.
However, a swimming facility located on property that has been designated
private, shared open space used jointly by multiple properties in the vicinity
would be considered an accessory use to a Parks and Open Space Use because
the principal use of the property is private, shared open space.
a.
,
~
,I
, b.
,
;;
,
"
, I.
,
,
'\
Religious/ Private Group Assembly Uses
1. Characteristics
A Religious/Private Group Assembly Use provides meeting space and facilities for a
religious institution or a private, non-profit association. Such a use typically restricts
. 2
access to the general public and owns, leases or holds property in common for the
benefit of its members.
I-=<'b
.,..
j
j
,
,-
.'
"
'.
,
,
~. CJ.s- -4~ ~l.c
_ ~d .\~~~ '0.\1
',2. ,
3.
Examples
Religious institutions, such as churches, temples, synagogues, and mosques; Private,
non-profit meeting halls, clubs, associations, or nonresidential fraternal organizations,
such as the Masonic, Eagles, Moose and Elks Lodges, and the Lions and American
Legion Clubs.
Accessory Uses
Parking; maintenance/storage buildings; living quarters for clergy; columbariums.
Exceptions
a. Recreational, sports, or athletic clubs operated as a commercial business and
open to the general 'public to join ~re classified as Commercial Recreational
Uses.
b. Clubs where the primary activity is the sales of goods or services are classified
as either Sales-Oriented or Personal Service-Oriented Retail.
4.
. .'
,
, c. Commercial meeting and event facilities are classified as Hospitality-Oriented
Retail.
'do ,Fraternities and Sororities associated with a College or University are classified
as Fraternal Group Living Uses.
e. Facilities owned or operated by a religious institution that provide state-
mandated primary and secondary generalized education are classified as
Educational Facilities.
'f., Colleges and Universities, as defined in this Article, which are owned and/or
operated by a religious institution are classified as Colleges and Universities.
g. , Hospitals owned and/or operated by a religious institution are classified as
Hospital Uses,
h. Uses that are not typically associated with the primary assembly purpose of the
use, such as retail sales, residential uses (other, than for clergy), amusement
parks, and large sports and entertainment facilities may be considered separate
principal uses and regulated accordingly, Decisions regarding whether a use is
an accessory use or a principal use will be based on the factors listed in
Sub~ion 2A of this Article.
14-4A-] Other Use Cate ories
A.
Agricultural Uses
1. Characteristics
j Uses where the principal activities may include the commercial cultivation of plants,
including crop, vegetable, and fruit production, livestock production, and the raising,
1 boarding, and training of domestic animals.
2. Examples ,
Examples includ~uses.from the two,subgroupsjisted below: "",', " '__ . '~,_"._
a. Plant-related: Crop farming; vegetable, fruit, and tree farms; wholesale plant
nurseries,
'b. Animal-related: Livestock operations; dairy farms; horse farms.
3. Accessory Uses
Dwellings for proprietors and their families and for employees of the use; storage
buildings; farm outbuildings,
'4. Exceptions
a. Livestock auctions are classified as Wholesale Sales,
b. Processing of animal or plant products, including procesSing and packaging of
dairy products, is classified as either General or Heavy Manufacturing,
"c. Plant nurseries that are oriented to retail sales are classified as Outdoor Storage
" . and Display-Oriented Retail.
d. Kennels (see Definitions) are classified as Intensive Animal-Related Commercial.
5. Prohibited Uses
Stockyards; feedlots and confinement feeding operations.
l:z 7
,
>
'.
"
I'
~
\\a ,\Q~, ~'\
_____ ~, OS- - '-H ~~
Aviation-Related Uses---
1. 'Characteristics
Facilities for the landing and takeoff of flying vehicles, including loading and
, unloading areas and passenger terminals. Aviation facilities may be for commercial
t::. ~
, ,carriers or for shared use by private aircraft. '
2. Examples
Examples include uses from the two subgroups listed below:
, '
a. Airports. Public and private airports and airstrips.
b. Helicopter Landing Facilities. Heliports; helipads; helistops,
3. Accessory Uses
, ,Freight handling areas; concessions; offices; parking; maintenance, storage, and
Jueling facilities,
4. ' :'Exceptions
Helicopter landing facilities are always classified and regulated as a separate principal
use. No helicopter landing facility shall be construed or interpreted as being an
integral part of any principal use or as being accessory to any principal' use.
Extraction Uses
1: ,'Characteristics
, The industrial extraction of sand, gravel, or topsoil for off-site use, excluding the
process of grading a lot in preparation for constructing a building or infrastructure,
2. Examples ,
Quarrying or dredging for sand and gravel.
3. ' AcCessory Uses
Offices; storage and transfer facilities.
D. Communication Transmission Facility Uses
1. Characteristics
All devices, equipment, machinery, structures or supporting elements necessary to
produce non-ionizing electromagnetic radiation and operating as a discrete unit to
produce a signal or message. Towers may be self-supporting, guyed, or mounted on
poles or buildings,
2. Examples
Broadcast towers and antennae; wireless communication towers and antennae; point
, to point microwave towers and antennae; emergency communication broadcast
towers and antennae,
,3. Accessory Uses
Transmitter facility buildil;gs,
4. Exceptions
a. Receive-only antennae are not,inc\uded in this category.
b. Shortwave radio towers for personal use are regulated as an accessory use.
c. Radio and television studios are classified in the Office category. Their broadcast
towers are classified as Communication Transmission Facilities and are regulated '
as a separate ~rincipal use,
. B.
c.
Article B. Minor Modifications, Variances, Special
Exceptions, and Provisional Uses
c,.;
14-48-1 Minor Modifications
The Building Official or designee is empowered to grant minor modifications from certain
standards specifically enumerated below, Minor modifications provide a mechanism by which
, the specified reguiations may be modified if the proposed development meets certain criteria
and continues to meet the intended purpose of those regulations. Minor modificatiOn reviews
provide flexibility for unusual situations applicable to the property, for which strict application of
the regulations is impractical. The minor modifications listed below may be granted provided
the approval criteria as setJorth in subsection B, below, are met. The approval procedures for
minor modifications are set forth in Article 14-8B of this Titie, Administrative Approval
Procedures.
f~ if
CY'....) . os - u.. \ lS\o
, ,_~,~~~ Q_\~ '\ ~ '3 ~ '\
------...-
A. Applicability
The Building Official may grant the following minor modifications from the requirements of
this Title, provided the approval criteria are met. Any requests for modifications that
exceed the limitations set forth below and all other requests for modifications of the
requirements of this Title require the filing of a special exception or variance application
with the Board of Adjustment.
1. The number of required parking spaces for commercial uses may be reduced up to
' 10 percent.
2. The Building Official in consultation with the Director of Planning and Community
Development may approve a minor reduction of up to 50 percent of the total number
of parking spaces required, If the uses sharing the parking are not normally open,
used, or operated during the same hours. However, this reduction is not allowed for
Residential Uses. To qualify for a reduction under this provision, a parking demand
analysis must be submitted that provides evidence that the amount of parking
proposed for the shared parking area will be sufficient to meet the parking demand.
3, In the CB-5 Zone, a minor modification may be granted exempting up to 30 percent
of the total number of dwelling units contained in a building from the minimum
parking requirements, provided that those dwelling units are committed to the Oty's
assisted housing program or any other affordable housing program approved by the
Oty.
4. Tne height of a wail or fence may be Increased up to 25 percent, but in no case shall
a minor modification allow a fence greater than 8 feet high,
5, The height of a principal or accessory building may be increased up to 10 percent.
6. In cases where due to topography or other site characteristics, a wheelchair ramp
cannot meet the limitations placed on its allowed extension into a required setback,
this limitation may be modified.
7. Required setbacks from a side lot line may be reduced by up to 2 feet,but in no case
shall a required setback from a side lot line be reduced to less than 3 feet, unless the
subject side lot line abuts a public right-of-way or permanent open space,
8, other setbacks may be reduced by up to 15 percent of the required setback, but in
no case shall a required setback from a rear lot line be reduced to less than 3 feet,
unless the subject side lot line abuts a public right-of-way or permanent open space.
9. One space for parking for persons with disabilities may be located in a required front
setback for commercial uses in a Commercial Zone, when adjacent to an Residential
Zone, where the topography or shape of the lot preclude compliance with the
location requirements for off-street parking,
10, The permitted height of a freestanding sign may be increased by up to 10 feet if the
property is within 1,000 feet of a divided, limited access highway, and there is a
difference in topographical elevations between the property and the highway, such
that the-visibility of the sign from the highway would be obstructed if the sign were
limited to the maximum height permitted by ordinance.
11. One nonresident employee may be approved for a home occupation use. However,
nonresident employees are not permitted under any circumstances for the types of
medical offices allowed as home occupations.
12, One nonresident employee may be approved for a Bed and Breakfast Homestay or
Bed and Breakfast Inn, '
., ",13. ~odifications to the Driveway Spacing Standards contained in Section 14-5C-'4 may--
be granted, provided there is no feasible alternative to the modification requested
and vehicular and/or pedestrian safety will not be compromised due to the
modification, The Building Official must obtain approval from the City Engineer and
the Director of Planning and Community Development prior to granting any such
modification,
14, A building addition of less than 500 square feet or an accessory storage building less
than 500 square feet in size may be approved for accessory uses within Parks and
Open Space Uses without approval from the Board of Adjustment. However, if any
such building addition increases the occupancy load of the building, a special
exception must be obtained.
(~\
C( 1r . \ ~Cl '\
~,as -<-H ~\o
15. An building addition of less than 500 square feet or an accessory storage building less
than 500 square feet in size may be approved for General Educational Facilities and
for Religious/Private Group Assembly Uses without approval from the Board of
Adjustment. However, if any such building addition increases the occupancy load of
the building, a special exception -must be obtained.
16. Modifications to the Multi-Family Site Development Standards contained in Section
14-2B-6 ai:i:ording to the aiternate approval criteria set forth in that section. Such
requests shall be reviewed and approved jointly by the Design Review Committee,
the Director of Pianning and Community Development, and the Building Official.
B. Approval Criteria
The Building Official may approve an application for a minor, modification, in whole or in
part, with or without conditions, only if the following approval criteria are met.
1. Special circumstances apply to the property, such as size, shape, topography,
location, surroundings, or characteristics, which make it impractical to comply with
the subject regulation or which warrant a modification to the subject regulation.
2, The minor modification will not be detrimental to the public health, safety, or welfare
or be injurious to other property or improvements in the vicinity and in the zone in
which the property is located.
3. The minor modification does not exceed the minor modification standards or allow a
use or activity not otherwise expressly authorized by the regulations governing the
subject property. '
4. The minor modification requested is in conformity with the intent and purpose of the
regulation modified.
5, The requested minor modification complies with other applicable statutes,
ordinances, laws and regulations, '
C. Burden of Proof
The applicant bears the burden of proof and must support each of the approval criteria by
a preponderance of the evidence.
D. Precedents
The granting of a minor modification is not grounds for granting other minor modifications
for the same or differing properties, .
14-4B-2 Variances
The Board of Adjustment is empowered to grant variances from the provisions of this Title that
will not be contrary to the public interest when, owing to unique circumstances or conditions, a
literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed
by other properties in the zoning district under the terms of the ordinance and would impose
unnecessary and undue hardship on the appficant. To ensure that the spirit of the ordinance is
observed and substantial justice done, no variance to the strict application of any provision of
this Title shall be granted by the Board unless the applicant demonstrates that all of the
following approval criteria are met, The procedures for obtaining a variance are set forth in
Article 14-8C, Board of Adjustment Approval Procedures,
A. Approval Criteria
1. The proposed variance will not threaten neighborhood integrity, nor have a
substantially adverse affect on the use or value of other properties in the area
adjacent to the property included in the variance; and
2. The proposed variance will be in harmony with the general purpose and intent of this
Title and will not contravene the objectives of the Comprehensive Plan, as amended;
and
3. The property in question cannot yield a reasonable return if required to comply with
the requirements and standards specified In this Title; and
4, The owner's situation is unique or peculiar to the property in question, and the
situation is not shared with other landowners in the area nor due to general
conditions in the neighborhood; and
5. The hardship is not of the landowner's or applicant's own making or that of a
predecessor in title,
3.q
'3D
B.UseVariance Prohibited -~ ' Q ~- - LH &10- - --- u
Under no circumstance may the Board grant a variance that would allow a land use, other
than those specifically allowed in the zoning district in which the subject property is
located.
c.
Burden of Proof
The applicant bears the burden of proof and must support each of the approval criteria by
a preponderance of the evidence,
~().\)\ ~3\~
D. Precedents
The granting of a variance is not grounds for granting other variances for the same or
differing properties, '
14-4B-3 S ecial Exce tions
The Board of Adjustment is empowered to grant special exceptions to the provisions of this Title
in certain circumstances specifically enumerated within this Title. To ensure that the spirit of the
ordinance is observed and substantial justice done, no speciai exception shall be granted by the
," .(- .
Board unless the applicant demonstrates that ail of the following general approval criteria are
met in addition to any specific approval criteria for the'proposed exception listed in Section 4 of
this Article or elsewhere in this Title, The procedures for obtaining a special exception are set
forth in Article 14-8C, Board of Adjustment Approval Procedures,
A. Approval Criteria ,
In order to grant a special exception, the Board must find that the applicant meets the
specific approval criteria set forth in this Title with respect to the specific proposed
exception. The Board must also find that the applicant meets the following general
approval criteria or that the following criteria do not apply:
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare;
2, The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood;
3, Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in'the district in which such property is located;
4, Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided;
5. 'Adequate measures have been or will be taken to provide ingress or egress designed
to minimize traffic congestion on public streets;
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located;
7, The proposed exception will be consistent with the Comprehensive Pian of the City,
as amended,
B. Burden of Proof
The applicant bears the burden of proof and must support each of the approval criteria by
a preponderance of the evidence.
C. 'Precedents
The granting of a special exception is not grounds for granting other special exceptions for
the same or differing properties.
14-4B-4 Specific Approval Criteria for Provisional Uses and Special
Exce tions
, "
The following uses are listed as provisional uses or special exceptions in one or more of the
base zones. Provisional uses are permitted, subject to the additional requirements contained in
this Article. A use listed as a special exception in a base zone is permitted only after a'pproval ---.
from the Board of Adjustment, subject to the approval criteria contained in this Section and to
the general special exception approval criteria contained in Section 3 of this Article. In addition
to the approval criteria listed in this Article, all provisional uses and special exceptions are
required to meet the' regulations of the base zone in which they are, located and all other
applicable regulations of this Title. If a regulation in another part of this Title conflicts with a
regulation contained in this Article, the regulation that is more specific to the situation applies,
When regulations are equally specific or when it is unclear which regulation to apply, the more
, restrictive regulation applies.
13/
A. Residential Uses '~,-c)S~<..J,:\'g-\;()--~6\: ~n
1. Detached Single Family Dwellings in the ID ZOnes . ~d.." ~
a. Detached Single Family lA:;eliings associated with ,an Agricultural Use of the
property are allowed in any lD Zone, provided the dwelling is developed in
accordance with the minimum dimensional standards specified for Detached
Single Family Dweliings in the RR-l Zone, Only one principal dweliing is
permitted per lot.
b. In an lD-RS Zone, Detached Single Family Dwellings not associated with an
Agricultural Use are allowed on minimum lot areas of 5 acres according to the
1:- Dimensional Requirements otherwise specified for the ID Zones. Only one
principal dweliing is permitted per lot.
2. Attached Single Family Dwellings in the RS-5 and RS-8 Zones
a. Number of Units
Only one principal dwelling unit is permitted per lot. A maximum of two
dweliing units may be attached,
b. Location
One of the attached dweliing units must be located on a corner lot.
c. Setbacks
(1) Interior lots. On interior lots the side setback on the side containing the
common wall is reduced to zero. The side building setback on the side
opposite the common wall must be at least 10 feet.
(2) Corner lots. On corner lots either the rear setback or non-street side
setback may be reduced to zero, However, the remaining non-street
setback must be at least 10 feet if it is a side setback and 20 feet if it is a
rear setback.
d. Entrances
(1) To give the attached units the overall appearance of separate dweliings,
each dweliing unit must have its main entrance oriented towards a
different street than the main entrance of the other dweliing unit.
(2) Th~ main entrance must be visible from and oriented towards the street.
To meet this standard the main entrance must face the street, be at an
angle of up to 45 degrees from the street, or open onto a porch, The main
entrance may not face an alley or private rear iane,
(3) Each dwelling must have a paved connection between the main pedestrian
entrance and the public sidewalk or the fronting street in cases where a
sidewalk is not provided.
e. Garages.
The garage entrance for a dweliing unit must be oriented towards the same
street as the dweliing uni~s main entrance, unless the garage is oriented toward
an alley o~ private rear lane. The length of any garage wall that faces a street-
side lot line may not exceed 60 percent of the total length of the building fa91de
that faces the same street-side lot line,
f. Design features
(1) All windows, doors, and roof eaves, including roof eaves on porches, must
be demarcated with trim, The Oty may waive this requirement in cases
where the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building,
(2) All roof eaves must project at least 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along any
building wall that faces a street-side lot line.
g. Vehicular Access
(1) Access points must comply with the provisions of Article 14-SC, Access l
.. Management Standards, ,-
,
,
(2) If the lot width is less than 45 feet, vehicular access Is restricted to an alley <
\
or private rear lane. t J3z.
')
~,Os -"-\\ ~(p
~o .\ :,:)_:\ ~ \ '\
h.
Utilities
Each dwelling unit must have a separate utility service from the street or rear lot
line,
i. Maintenance
A permanent access and maintenance easement must be secured from the
owner of the lot that abuts the zero lot line side of the dwelling, The easement ;
must ensure access for maintenance of the exterior portion of the building wall
located on the lot line and other common elements, such as drives and aisles,
This easement must be recorded as a covenant on the applicable lots, Proof of
such recording must be submitted prior to issuance of a building or occupancy
permit.
Figure 48.1 - Single Family Attached in the RS-S and RS-B Zones
)
ALLEY
~. ~.
I
1
- 1=
~ ,
-
.
~
.
.
~
.
H
- ,
".m
""'IT
3. , Attached Single Family Dwellings in the RS-12, RM-12, RNS-20, RM-20,
and MU Zones
a.
"
b.
Number of Units
Only one principal dy;elling unit is permitted per lot. A maximum of 6 dwellings
units may be attached unless approved through a Planned Development Overlay
Rezoning,
Setbacks
The side setbacks for the attached dwellings may be reduced to zero 'along the
common wall side of the units, Each end unit in a row of Attached Single Family
Dwellings shall have one side setback that is a minimum of 10 feet, unless the'
end unit is on a corner lot. If an end unit is on a corner lot, the remaining non-
street setback must be at least 10 feet if it is a side setback and 20 feet if it is a
rear setback. (See Figure 4B,2, below)
Figure 48.2: Setbacks for Attached Single Family Dwellings
I
f:j......-T-T-;;r.,J',.J-i--T--1
r"'..--!-.."'+m..,LL.L"',--!-'m--, I r..m..,
: I' I I I I' W',",., I :
: I I """':.w:
Ii! ',I ,I ,I ,I il i Ii
H ~I ~I ~I ~I ~I I!
~ i "I "I "I .1.1 1 i
" i I I I I I i I!
I ",m,lm..+--m+'c--lm'm!-:.....J I L
L J...1 """ """'.J J..
_ " ,..LL..I. _ ,_
,>
,
"
e
"
6 Attached OweII;ngsMa><.
---."
,; ~
c. Entrances
(1) Each dwelling unit must have a separate main entrance that is visible from
and oriented,~oward the st~eet. Tomeet this;standardthe.'i1ain entrance
must face the street, be at an angle of up to 45 degrees from the street, or
open onto a porch, The main entrance may not face an alley,
133
~- ()S- - ~\,& \v
~ 6,\?l-\~ 3\1
(2) Each dwelling must have a paved connection between the main pedestrian
entrance and the public sidewalk or the fronting street in cases where a
sidewalk is not provided,
,(3) If parking is located at the rear of a dwelling, a second entrance to the
dwelling must be provided within 20 feet of the rear fa~de of the dweiling
on either the rear or side fa~de of the dwelling,
d. Design features
(1) Ail windows, doors, and roof eaves, including roof eaves on porches, must
be demarcated with trim, The City may waive this requirement in cases
where the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at ieast 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along any
building wail that faces a street-side lot line,
(4) Iffour or more dwelling units are attached; the units must be articulated
by at least one of the following means in order to prevent monotony, but
the units should be consistent in architectural style and proportion. Figure
4B.3 provides some examples of acceptable building articulation, However,
other designs meeting the standards listed below are acceptable, ,
(a) Construct front and side elevations of the building of at least 50
percent brick, stone,or other masonry product, For the purpose of
this provision, masonry shall not include concrete block or poured
concrete materials, except when rusticated concrete block or
decorative concrete is used as a base or exposed foundation material.
(b) Construct front and side elevations of the end units of 100 percent
brick, stone, or other masonry product, For the purpose of this
provision, masonry shall not include concrete block or poured
concrete materials, except when rusticated concrete block or
decorative concrete is used as a base or exposed foundation material.
,
(c) Distinguish each unit architecturally through a change in the roofline
and a jog in the streeHacing wall plane, The jog must be at least ,18
inches deep and a minimum of 8 feet wide; the change in the roofline
'must be in concert with the jog in the wall plane, which may be
accomplished by the addition of a gable, hip or similar roof that is
perpendicular to the primary roof. \ . 5,1 i:
. 'It
Figure 48.3: Examples of fat;ade aroculation for Attached Single Family Dwellings
Acceptable
.:.
"
"
,
)
"
,L
~
,
/3'1
~,
-----_._~
~,os- -'-H?\o
~6'\~S- \ '3~\
e. Vehicular Access
(1) Vehicular access points and garage entrances must comply with the
provisions of Article 14-5C, Access Management Standards and the Single
Family Site Development Standards as set forth in Article 14-2A, Attached
Single Family Dwellings located in the MU Zone are also subject to the
standards of subsection 14-2C-9N, Single Family and Two Family Uses in
the MU Zone.
. (2) If the lot width is less than 45 feet, vehicular access is restricted to an alley
or private rear lane.
f. Utilities
Each dwelling unit must have a,separate utility service from the street or rear lot
line,
g. Maintenance
A permanent access and maintenance easement must be secured from the
owner of the lot that abuts the zero lot line side of the dwelling. The easement
must ensure access for mainte~ance of the exterior portion of the building wall
located on the lot line and other common elements, such as drives and aisles,
This easement must be recorded as a covenant on the applicable,iots. Proof of
such recording must be submitted prior to issuance of a building or occupancy
permit. '
,
Acceptable
Il-
'--'
r
\""""'.""]'
L-l L-..J
1%'
":~
'--'
'."'l
~""']
'--'
\
"I..""""""".""'~"""'."'I'
'--'
'I
'--'
'." ',['
'--'
""\
,--,I
'--'
1%"'1
'--'
I
'--'
Acceptable Alternative Facade Articulations
Acceptable
['I
L-..J L-l
, '1'1'
'--'
.,".",.\
'--'
-lr
'--'
T~'I
'--'
.-IT
'--'
r
...,."~"""
no_..
I
'--'
['--' I r.... I
L-J L-...J
r
'--'
Acceptable Alternative Facade Articulations
f50
4. Detached Zero Lot Line'owellings ~,o.:s- - '4 \~n; - -~'" ,
a. Procedure' ~.\"31o ~ ~ \,
Any restrictions or easements required in subparagraphs b, through e. must be \' \
, recorded as a covenant on the applicable lots. Proof of such recording must be
submitted prior to issuance, of a building or occupancy permit.
b. 'Setbacks,: ,_, _ "_' , . -
"c, ,",,' 'TheSide setbaCl(on 6neside ofthe dwellirig-lT1ay'bereducea to zero. The ottfer~ """
side setback must be at least 10 feet, A restriction must be recorded on the
deed of each applicable lot to ensure that these setbacks are retained in
perpetuity, A zero side lot line is not permitted for a side lot line that is also a
street lot line or for side setbac!<s adjacent to lots that are not part of the zero
lot line proj~ct, See Figure 4BA, below,
figure 48.4 - Setbacks for Detached Zero Lot Line Dwellings
I
""'''
\ '
\
/
i
c. Vehicular Access '
Vehicular access points and garage entrances must comply with the provisions
of Article 14-5C, Access Management Standards and the Single Family Site
Development Standards as set forth in Article 14-2A. Iii the MU Zone, more
restrictive standards apply (See 14-2C-9N).
d. Maintenance
A permanent access and maintenance easement shall be'secured from the
owner of the lot that abuts the zero lot line side of the dwelling. The easement
must ensure access for maintenance of the exterior portion of the building wail
located on the lot line and other common elements, such as drives and aisles,
e. Privacy
On the zero lot line side of the dwelling, windows or other openings that allow
for visibility into the side yard of the adjacent lot are not allowed. Clerestory
windows or translucent windows that do not allow visibility into the side yard of
the adjacent lot are allowed.
5. Two Family Uses in the RS-5, RS-B, RS-12, RNS-12, RM-12, RM,-20, RNS-
20, MU Zones ' ' '
a. Location Limitation in the RS-S and RS-8 ZOnes
In the RS-5 and RS-8 Zones, Two Family Uses are only allowed on corner lots,
b. C!lntral Planning District
Two Family Uses located in the Central Planning District must comply with the
provisions of subsection 14-2B-6I, Additional Standards in the Central Planning
District, which will be administered through the Design Review process, as set
forth in Article 14-8B, Administrative Approval Procedures,
c. Entrances
(1) In the RS-5 and RS-8 Zones, to give the structure the overall appearance
of separate dwellings, each dwelling unit must have its main entrance
oriented towards a different street than the main entrance of the other
dwelling unit.
(2) The main entrance must be visible from and oriented towards the street.
To meet this standard the main entrance must face the street, be at an
angle of up to 45 degrees from the street, or open onto a porch, The main
entrance may not face an' cilley or private rear lane.
/3(,
\-
. _'"'-J-,r.
~ ' Cl..:) - <-\; ~ 8 \0
Q21' \~~ ~ ::, ~\
- .-._.~----
,,~
~
(3) Each dwelling must have a paved connection between the main pedestrian
entrance and the public sidewalk or the fronting street in cases where a
sidewalk is not provided.
(4) If parking is located at the rear of a dwelling, a second entrance to the
dwelling must be provided within 20 feet of the rear fa9lde of the dwelling
on either the rear or side fa9lde of the dwelling"
d. Design features
(1) AIi windows, doors, and roof eaves, including roof eaves on porches, must
be demarcated with trim. The City may waive this requirement in cases
where the building has an exterior material of stucco or masonry such that
trim is impractical or inappropriate to the design of the building. '
(2) All roof eaves must project at least 12 inches from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along any
building wall that faces a street-side lot line,
e. Garages.
(1) 'In the RS-5 and RS-8 Zones, the garage entrance for a dwelling unit must
be oriented towards the same street as the dwelling unit's main entrance,
unless the garage is oriented toward an alley or private rear lane.
(2) The length of any garage wall that faces a street-side lot line may net
exceed 60 percent of the totai length of the building fa9lde that faces the
same street-side lot line.,On corner lots, only the garage wall(s) containing
a garage door must meet this standard, In the MU Zone, garages are
exempt from this standard,but are subject'to the standards of subsection
14-2C-9N, Single Family Uses and Two Family Uses in the MU Zone.
f. Access
(1) Access points must comply with the provisions of Article 14-5C, Access
Management Standards and the Single Family Site Development Standards
as set forth in Article 14-2A, Two Family Uses located in the MU Zone are
also subject to the standards of subsection 14-2C-9N, Single Family Uses
and Two Family Uses in the MU Zone.
,(2) If the lot width is less than 80 feet, vehicular access is restricted to an alley
or private rear lane. Corner lots and double frontage lots are exempt from
this standard if the vehicular access for one of the dwelling units is located
along a different street than the vehicular access of the other dwelling unit,
or if vehicular access for both dwelling units is located along a street where
the front setback line is at least 80 feet in length, (See definitions of LOT
WIDTH and FRONT SETBACK UNE)
Figure 48.5 - Examples of Two Family Uses in the RS-5 and RS-8 Zones
)
Ii;
~
,----------
I
I
I
I
I
I
I
I
I
Ii;
.
.
I;;
e
....."
....."
6. Group Households
Group Households are permitted within any housing tylle allowed in the base zone,
provided the following conditions are met:
a. The proposed use must meet the definition of elder group home, elder family
home, or family care home.
Is)
_____ ~,OS"-<..,H8<O-, ___ _" '2~.\2:,~ ~ ~
b. The proposed use must comply with all the approval criteria and base zone -, "'" \ \
standards for the housing type within which the Group Household is located,
For example, a Group Household located within a Two Family Use in the RS-8
Zone must comply with the conditions listed in paragraph A.5., above.
c. Ail the individuals residing In the proposed use must live as one household or
, family, The dwelling may not contain separate apartments.
d. The owner of the dwelling within which the Group Household is located must
obtain a rentai' permit from the City.
I 7. Multi-Family Uses in the CO-I, CN-l, CC-2, CB-2, CB-S, CB-l0 Zones
.
, !!,. ," Location ..~ '"-, ' " - '" - - - "" ----
The proposed dwelilngs must be located above the street level floor of a
building, except as provided in subparagraph e., below.
.b. Maximum Density
(1) In the CO-l and CC-2 Zones: 1 dwelilng unit per 2,725 square feet of lot
area,
,(2) In the CN-l'Zone: 1 dwelilng unit per 1,800 square feet of lot area.
(3) In the CB-2 Zone: 1 dwelilng unit per 875 square feet of lot area,
(4) In the CB-5 and CB-lO Zones: No maximum,
c. Residential Entrances
, (1) Any buiiding containing a Residential Use must have at least one door on
the exterior of the buiiding that provides pedestrian access to the dwelilng
units within the building. Access to dwelilng units must not be solely
through a parking garage,
(2) Access to entrance doors of any individual dwelilngs units above the
ground level must be provided from an enclosed lobby or corridor and
stairwell. Unenclosed or partially enclosed exterior stairwells are prohibited.
d. Standards for the Ground Level Floor of the Building
(1) On the ground level floor, the floor to ceiling height must beat least 14
feet.
(2) For the ground level floor of the building, construction must meet the
Building Code spe~ifications for commercial uses.
e. CB-l0 Exception
In the CB-lO Zone, except as prohibited in subsubparagraph (4), below, the
, Board of Adjustment may grant a special exception for Multi-Family Dwelilngs to
be located on or below the street level floor of a building, provided that the
following criteria are met.
,(1) The proposed dwellings will be located on a property designated as an
Iowa City Historic Landmark, A rehabilitation plan for the property has
been'reviewed and approved by the Iowa City Historic Preservation
Commission, The rehabilitation of the property must be completed
according to this plan before an occupancy permit is granted,
(2) The proposed dweilings will not significantly alter the overall commercial
character of the CB-I0 Zone.
(3) There are site conditions or building characteristics that make the street
ievel of the subject building or buiidings unsuitable for other uses allowed'
in the CB-lO Zone: '
(4) If an existing building on a landmark property includes three or more of
the following commercial storefront characteristics, dwelilngs are prohibited
on or below the street level floor of that building:
(a) The main entrance to the building is at or near grade;
(b) The front fa~ade of the buiiding is located within ten feet of the front
property line;
(c) The front fa~de of the building contains ground floor storefront or
, display windows; and '
'(d) The street levei floor of the building was originally constructed to
accommodate Sales-Oriented and Personal Service-Oriented Retail
Uses and/or has historically been used for these purposes.
--
f3g
~,C)s - <..1,;\ i~--~
C?c, . \?:., C,\ 2:>\ '\
8.
Assisted Group Living
a. Maximum Density
Maximum density within an Assisted Group Living Use is as follows, For
purposes of calculating maximum density staff and Iive'in staff of a facility are
not considered roomers,
(1) In the RM-12 Zone: One roomer per 750 square feet of lot area.
(2) In the RM-20, RNS-20, and MU Zones: One roomer per 550 square feet of
iot area.
(3) In the RM-44, PRM, CO-I, and CI-l Zones: One roomer per 300 square
feet of lot area,
b. Facilities
The Group Living Use must have bath and toiiet facilities available for use by
roomers in such numbers as specified in Title 17, Building and Housing. In
addition, the occupants may have access to a communal kitchen, dining room,
and other common facilities and services. '
9. Independent Group Living
The maximum density and maximum occupancy standards for an Independent Group
Living Use are as follows, Both density and occupancy limitations apply in all cases.
a. Maximum Density
(1) In the RM-20 Zone: 1 roomer per 550 square feet of lot area,
'(2) ,'rn,the RM-44and PRM Zones: 1 roomer per'3iio 'sqtiare feet of lot area.
b. Maximum Occupancy
l.roomer per 300 square feet of floor area within the Independent Group Living
Use. '
c. Fatilities
The Group living Use must have bath and toilet facilities avaiiable for use by
roomers in such numbers as specified in Title 17, Building and Housing. In
addition, the occupants may have access to a communal kitchen, dining room,
and other common facilities related to the use.
10. Fraternal Group Living
,The maximum density and maximum occupancy standards for a Fraternal Group
Living Use are as follows. Both density and occupancy limitations apply in all cases.
a. Maximum Density:
(1) In the RM-20 and RNS-20 Zones: 1 roomer per 550 square feet of lot area.
(2) In the RM-44 and PRM Zones: 1 roomer per 300 square feet of lot area.
b. Maximum Occupancy
1 roomer per 300 square feet of floor area within the Fraternal Group Living
Use,
c. Facilities
The Group Living Us~ must have bath and toilet facilities available for use by
roomers in such numbers as specified in Title 17, Buiiding and Housing, In
addition, the occupants may have access to a communal kitchen, dining room,
imd other common facilities related to the use.
B. Commercial Uses
1. Adult Business Uses
a. The proposed use will be located at least 1,000 feet from any property
containing an existing Daycare Use, Educational Facility Use, Parks and Open
Space Use, Religious/Private Assembly Use, or Residential Use;
,b. The proposed use will be located at least 1,000 feet from any Single Family or
Multi-Family Residential Zone;
c. The proposed use will be located at least 500 feet from any other Adult Business
Use,
2. General Animal-Related Commercial in the CN-l, COol, CC-2, CB-2, and CB-
S ZOnes '
All aspects of the operation of the facility, including any accessory uses must be '
conducted completely indoors within a soundproof building,
','
/J'f
~\, as-'-\:\ ~\o
\?G\l\~ <\ ~n
,
t/"7
-------
3. Generafind I~tensive Animal-Related Commercial in the lEi; RR':-f and CI~l
ZOnes '
"
a. In the ID Zones and the RR-l Zone, any outdoor facilities, including unendosed
stable areas, outdoor dog runs and animal exercise areas must be setback at
least 100 feet from any lot line, Overnight boarding facilities must be located
completely indoors within a soundproof building. If all aspects of the operation,
including any accessory uses are conducted completely indoors within a
soundproof building, then the setback requirements of this provision do not
apply. However, the use is subject to any setback requirements of the base
zone.
b. In the CI-l Zone, any facility with outdoor runs or exerciSE;! areas must be '
located at least 400 feet from any Residential Zone. Overnight boarding facilities
must be located completely indoors within a soundproof building, If all ,aspects ,
of the operation, including any accessory uses are conducted completely indoors
within a soundproof building, then the setback requirements of this provision do
not apply. However, the'use is subject to any setback requirements of the base
zone.
4. Outdoor Commercial Recreational Uses in the ID Zones and the CC-2 ZOne
a. The proposed use will be designed and developed with adequate separation
between outdoor activity areas and surrounding properties, Outdoor activity
areas must be setback and separated from other uses or surrounding properties
by distance, landscaping and/or screening as deemed appropriate for the
intensity of the use.
b. The proposed use will be in compliance with Title 6, Chapter 4 (Noise Control),
of the City Code, If the proposed use is located within 400 feet of a Residential
Zone, the proposed use may not use sound amplifying equipment as a regular
part of its operation.
c. The proposed hours of operation will be similar to or complementary to other
uses in the area based on the projected intensity of the use, the specific
characteristics of the locale, and the existing and future uses intended for the
area according to the Comprehensive Plan.
S. Indoor Commercial Recreational Uses in the COol Zone
a. 'Indoor Commercial Recreational Uses are limited to 5,000 square feet of gross
floor area, The maximum size may be increased by special exception, provided
that the following criteria are met:
(1) The increased floor area will be suppo,rtable primarily by employees of the
surrounding businesses and by nearby residents;
(2) The proposed use will be designed to be of similar scale and character to
surrounding businesses and residences.
(3)" The proposed exception will be consistent with the stated intent of the co-
1 Zone.
6. Indoor CommerciafRecreational uSes in the CN-l Zone
Indoor Commercial Recreational Uses are limited to 5,000 square feet of gross floor
area,
7. Indoor Commercial Recreational Uses in the RDP and ORP Zones
a. The proposed use will primarily serve employees of the firms located within the
subject RDP or ORP Zone, ,
b. The proposed use will not significantly alter the overall character of the research
park zone and will not inhibit future development of office, light industrial, and
research firms for which the zone is primarily intended.
c. The proposed use will be compatible with surrounding uses with regard to
building design, site design, traffic circulation, and,signage,
8. Commercial Parking in the CB-2, CB-S and CB-10 Zones
Commercial Parking is limited to'parking facilities owned and operated by the
municipal government.
1
,
IYD
... -----,
9.
(?~,:Y-\\ \ ~~"
Eating and Drinking Establishments in the CN-l, MU, and CO-l ZOnes
a. The occupancy load for anyone establishment will not exceed 100, except as
allowed in subparagraph c., below,
b. Drive-through windows and drive-through lanes are prohibited.'
c;:. In the CN-l Zone, the maximum occupancy load may be increased to 125 by
special exception, provided that the following criteria are met:
~,OS -Y.l'8'~
10.
(1) The increased floor area will be supportable primarily by residents of the
surrounding area;
(2) The proposed exception will result in a more attractive neighborhood
commerciai development due to the presence of outdoor eating areas that
enhance the pedestrian orientation of the development, additional parking
lot landscaping, additional vegetative buffers, or other site improvements.
(3) The proposed exception will be consistent with the stated intent of the CN-
1 Zone,
Quick Vehicle Servicing ,
a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and
service lanes, must be screened from the public right-of-way to the 52 standard
and to the 53 standard along any side or rear lot line that abuts a Residential
Zone'boundary (See Article 14-5F, Screening and Buffering Standards).
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and
vehicle conflicts along abutting streets,
c. Unenclosed canopies over gas pump islands must be setback at least 10 f~
from any street right-of-way. Fuel dispensing equipment must be setback at
least 10 feet from any street right-of-way and at least 100 feet from any
Residential Zone boundary, except in the CB-2 Zone. In the CB-2 Zone, fuel
dispensing equipment must be setback at least 10 feet from any street right-of-
way and at least 70 feet from any Residential Zone boundary,
d. All lighting must comply with the provisions of Article 14-5G, Outdoor Ughting
Standards.
e. In the CN-l, CB-2, and CB-5 Zones, the proposed use will be designed and
developed with adequate separation and screening between vehicular use areas
and adjacent Residential Zones.
f. In the CN-l, CB-2, and CB-5 Zones, car washes may contain no more than one,
bay and are permitted only if built in conjunction with another Quick Vehicle
Servicing Use. The car wash must be located adjacent to and on the same
property as the other Quick Vehicle Servicing Use and must be set back an
adequate distance and screened to the 53 standard along any side or rear lot
line that abuts a Residential Zone boundary,
g. In the CN-l Zone, no light source on the property, except for internally lit signs,
shall be higher than 15 feet above finished grade.
h. Where it can be demonstrated that the proposed use cannot comply with a
specific site development standard of the CB-5 Zone, the Board of Adjustment
may grant a special exception to modify or waive the provision, provided that
the intent of the development standard is not unduly compromised. The Board
of Adjustment may impose any condition or conditions that are warranted to
mitigate the effects of any variation from these development standards.
11. Office Uses in the CN-1 ZOne
Each office use is limited to 5,000 square feet of gross floor area, Of this 5,000
square feet, no more than 2,400 square feet may be located on the ground floor of a
building,
12. Personal Service-Oriented Retail in the PRM Zone
a. The proposed use is limited to 2,400 square feet of gross floor area,
b. The proposed use will be supportable primarily by residents of the surrounding
area.
c. The proposed use will not be contrary to the intent of the PRM Zone.
-- _.
"
~
'>
.
{
,
f'fl
..~' C)S" -~.q~,.,__ '-'~G' ~l..\~~ 3\1
d. Crematoriums, if proposed as a principal use, are not permitted in this Zone. ,
Crematoriums are allowed if they are accessory to a funeral home and meet all '
other provisions of this paragraph. ")
13. Sales-Oriented and Personal Service-Oriented Retail in the CN-l Zone
a. Each such use is limited to 2,400 square feet of gross floor area, except as
provided below:
(1) Drugstores and hardware stores may contain up to 15,000 square feet of
gross floor area.
I
(2) Grocery stores, including sales of specialty food items, such as bakery and
delicatessen goods, may contain up to 30,000 square feet of gross floor
area. Grocery stores that include other departments for goods and
services allowed in the CN-l Zone may contain up to 40,000 square feet of
gross floor area, provided that any floor area that exceeds 30,000 square
feet is departmentalized for nonfood products and services,
(3) Except for the uses listed in subparagraphs a. and b" above, the limit on
floor area for anyone use may be increased from 2,400 square feet up to
5,000 square feet by special exception, provided that the following criteria
are met: '
(a) The increased floor area will be supportable primarily by residents of
the surrounding area;
(b) The proposed exception will b~ consistent with the stated intent of
the C~-1Zone. ,
b. Crematoriums, if proposed as a principal use, are not permitted in this Zone. '
Crematoriums are allowed if they are accessory to a funeral home and meet all
other provisions of this paragraph.
14. Sales-Oriented and Personal Service-Oriented Retail in the MU ZOne
a. Any such use is limited to 2,400 square feet of gross floor area.
b. The limit on floor area for anyone use may be increased from 2,400 square feet
up to 5,000 square feet by special exception, provided that the following criteria
are met:
(a) The increased floor area will be supportable primarily by residents of
the surrounding area;
(b) The proposed exception will be consistent with the stated intent of
the MU Zone,
c. Crematoriums, if proposed as a principal use, are not permitted in this Zone.
Crematoriums are allowed if they are accessory to a funeral home and meet all
other provisions of this paragraph.
lS. Sales-Oriented Retail In the CH-l ZOne
Sales-Oriented Retail Uses are limited to convenience stores associated with Quick
Vehicle Servicing Uses.
16. Sales-Oriented Retail in the CI-l ZOne
Sales-oriented Retail is limited to the following specific uses:
a. Convenience stores associated with Quick Vehicle Servicing Uses;
b. ' Retail establishments that primarily sell building supplies, auto supplies,
hardware, paint, flooring materials, furniture, or appliances.
c. Sales-Oriented Retail associated with a Repair-Oriented Retail, Industrial ;
Service, UghtjTechnical Manufacturing, or General Manufacturing Use, provided
that the floor area devoted to the retail display of merchandise does not exceed
50% of the total ground floor area or 5,000 square fee~,.whichever is less.,
d. Consignment stores as defined in Article 14-9A, General Definitions,
17. Hospitality-Oriented Retail in the RM-44, PRM, MU, CO-l, and CN-l ZOnes
Hospitality'Oriented Retail is limited to guesthouses' as defined in Article 14-9A of this
Title, General Definitions,
18. Hospitality-Oriented Retail in the RDP and ORP ZOnes ,
a. The proposed use will be located on a lcit along the periphery of the ORP or RDP
Zone such that traffic to and from the proposed use will not adversely affect the
office, light industrial, and research firms for which the zone is primarily
intended.
<
.
.
\
,
I'-I~
___,_____ CrW os- -l.{( 2' \0, ". <?G \~ ~ , 311
b. The proposed use will not significantly alter the overall character of the research :
park zone and will not inhibit future development of office, light industrial,and ' i
research firms for which the zone is primarily intended,
c. The proposed use will be compatible with surrounding uses with regard to
building design, site design, traffic circulation, and signage.
19.' Outdoor Storage and Display-Oriented Retail in the CC-2 Zone
a. Outdoor storage of materials must be concealed from public view to the extent
possible. If it is not feasible to conceal the storage areas behind buildings, the
storage areas must be 5!!tback at least 20 feet from any public right-of-way,
including public trails and open space, and screened from view to at least the 53,
standard (See Article 14-5F, Screening and Buffering Standards). If a fence is
built around the storage area, the required screening must be located between
the fence and the public right-of-way,
b. All outdoor storage areas that are located along a side or rear lot line that does
not abut a public right-of-way must be setback at least 10 feet from said lot line
and screened from view of the adjacent property to at least the 53 standard. If
a fence is built around the storage area, the required screening must be located
between the fence and the adjacent property.
c. The landscape screening requirement for outdoor storage areas may be waived
by the Building Official upon presentation of convincing evidence that a planting
screen cannot ~e expected to thrive because of intense shade, soil conditions,
or other site characteristics, The presence of existing pavement, by itself, shall
".' not constitute convincing evidence. If the landscape screening requirement is
" waived DY the Building Official, a fence builtto the 55 standard must be
~b: sObstituted for the landscape sCreening, '
~ ; .
d. ,. Outdoor display of merchandise for immediate sale must be set back at least 10
, " teet from publiC rights'of-way and landsc<lped to at least the 51 standard.
e., t Any outdoor display area iocated along a side or rear lot line that does not abut
I, a pUblic right-of-way must be set back at least 10 feet from said lot line and
ij,' screened to at least the 52 standard. If the display area is adjacent to a
~1'" Residential Zone boundary it has to be screened to the 53 standard.
, r ~:.. : _ ,;". ~ .
f'l ';gI!Je landscape screening requirement for o~tdoor display may be waived by the
Building Official upon presentation of convincing evidence that a planting screen
cannot be expected to thrive because of intense shade, soil conditions, or other
J I ' site characteristics. The presence of existing pavement, by itself, shall not
constitute convincing evidence.
20. liehicl~Repair in the CC-2, CI-l, CH-l, and CB-2 ZOnes '
'2 '", _,"I. -jf '. _ - .
a; The property containing the Vehicle Repair Use must be located at least 100
feet from any Residential Zone boundary, except in the CB-2 Zone. In the CB-2
. r, '; 'Zone, the property containing the Vehicle Repair Use must be located at least 70
'! ". 'feet. from any Residential Zone boundary, ; ,
b." No vehicle shall be stored on the property for more than 45 continuous days,
tl ..r., _ .' .
y' c. : , The site must be designed to minimize views of -vehicular use areas from the
public right-of-way and from, adjacent properties.
,~ ;j ': (l)
Outdoor storage areas, including storage of vehicles to be repaired" must
be concealed from public view to the extent possible, If it is not feasible to
conceal the. storage areas behind buildings, the storage areas must be
setback at least,20 feet from any public right-of-way, including public trails
and open space, and screened from public view to at least the 53
standard. .
Other vehicular'use areas that abut the public right-of-way, including
parking anilstacking spaces, driveways, aisles, and service lanes, must be
set back at least 10 feet from the public right-of-way and landscaped
according to the 52 standard,
,
'h
3 1" '.
.,r 1-:1.
'; j.' J I~
)}!:<I(2)
~~
->.
"
il')';
,
-
1'+3
r"
<
,
,
.
<
,
\
..,
c.
-, ,~,oS--4ll(~__ --~~.lL{L-l\i "3(1
,'J ; "(3) All out'doej'r'storage areas that abut other properties must be fenced to the U '1\
55 standard and screened to at least the 53 standard (See Article 14-5F,
Screening and Buffering Standards), Landscape screening must be located
betweeQ the fence and the abutting property. The landscape screening
requirement may'be waived by the Board of Adjustment (in the case of a
'(l' J special'exception) or by the Building Official, upon presentation of
convincing evidence that a planting screen cannot be expected to thrive
because of intense shade, soil conditions, or other site characteristics, The
presence of existing pavement, by itself, shall not constitute convincing
It ( ! : <; I
"",'" evidE\nce. " ,
~ ' l l ~
Industrial Uses
1. T.ech,nica!/Lig~t Manufacturing and General Manufacturing in the CC-2, CB-
2"CB-S, and,CB-l0 Zones
J ;, ~ . ' , .
a. The proposed use is limited to a "cottage industry" as defined in ArticleI4-9A"
General Definitions,
it'. 11 ~< .' ',: ". "
'Ii: ' The proposed use is limited to 5,000 square feet of gross floor area, excluding
floor area devoted to other principal or accessory uses, except as provided in e.,
"I" :; '(below" I,;
,ri ';{' j' , F . . , .
c. " The proposed use meets the performance standards for off-site impacts
, , ': ,:', contai~ed in' Article 14;5H, Performance Standards, The City may require
, .' '; certifiCation ofcompliahce from a registered professional engineer or other
) "'.' .' qualified person. ' .'
~" :.J l. '
l' ~,. J ,The followin,g Gener~1 Ma~ufacturing Uses are prohibited.
"C (1) The manufacturing 'of chemicals and aliied products;
:, ; "I \
(2) Any manufacturing establishment that includes miliing or processing of
grain;
',' .;,
(3) Leather tanning;
'", l'l!l" (4) 'Maiiufacturing,ofrilotor vehicles; ,< "
;,.-~ .." - -'-v-.-.....lrj~;-~~;:;::- -':'--=--'~::----'
(5) Manufacture or processing or rubber or plastics;
r 'j.).
';~ ' l ;" (6) T~xtile m!!ls. ,
e. The limit on floor area for a proposed use may be increased from 5,000 square
feet up to 15,,000 square feet by special exception.
,r" ' '. ,..., ,,' " ' ,
2. TeChnical/Ligh~ Manufacturing and General Manufacturing in the CI-,l Zone
a. 0 The propo~d use is limited to 5,000 square feet of gross floor area, excluding
" ":':. floor:area ,devoted to other principal or accessory uses, except as provided in d.,
',.' I,' belotv. 'T '
, ~'j1 I', The proposed use meets the performance standards for off-site impacts
- ' " containEid in Article 14-5H, Performance Standards. The City may require
certification of compliance from a registered professional engineer or other
:r, "I" qualified person.
. ,
c. The following General Manufacturing uses are prohibited in the CI-l Zone:
" h ~:. ',:1
" ;,,", (1)) The manufacturing of chemicals and allied products;:
(2) Any manufacturing establishment that includes miliing or processing of
grainj . .~
. lf1. i~I'.
. =~ '_ r
3.
, i'I,.> '(3) Leather tanning;
(4) Manufacture of motor vehicles;,
(S) Manufacture or processing of rubber and plastics; ,,'
'(6) Textile mills, ...
, .
d. .-;The limit on floor area for a proposed use may be increased from 5,000 square
feet up to 15,000 square feet by special exception.
General Manufacturing in the '1-1 Zone
"Any manufacturing establishment that Indudes miliing or processing of grain must
>comply with the following standards:,
ii, ~ 'Ail manufacturing, processing, storage, and packaging must be conducted within
completely enclos,ed buildings;
J4L/
~
1
~'~-4,-~\p ~G' \l\<:)<l\ 3q
('I,b,.; ;::A11 transferring of raw mat~rials and finished,products must be conducted within
, ,:' I - completely enclosed builqings, by pneumatic tubes, or by sealed containers;
c. Prior to issuance of a certificate of occupancy, the grain milling and processing
operation must submitdocumentation,demonstrating that the Iowa Department
, ", "ii.;;pf Natural Resources (IDNR) or its successor has approved the application and
" 'i /!--, pe.rmit to instail or aJter equipment or control equipment if the IDNR or its
I' successor requires such a p'ermit.
4. Heavy Manufacturing in the CI-l and the 1-1 Zones
,Heavy Manufacturing Uses in the Cl-l and I-I Zones are limited to concrete
'.~,tch/mix, plants, Concrete batch/mix plants must meet the following standards.
a. The proposed use must be located at least 500 feet from any residentially zoned
c property.' ., ' ..::; , '
. ,
. .. .1 .,
b. All proposed outdoor storage and work' areas must be located and screened to
adequately reduce the noise,- dust, and visual impact of the proposed use from
1.' /surrounding properties. , ' , ,
c. 'r !.Traffic circulation and access points' muSt be deSigned to prevent hazards to
'I'i" "adjacent streets or property.
,. t': r..-;: [J,I","-
S. "Salvage C)perations ,,'
I a.fo The proposed use must be located at least 1;000 feet from anyiresidentially
zoned property, ,< ,r
. , ibnl:All.outdoor storage and work'areas must be completely enclosed by a fence
; ,1 :1: built to at least the 55 standard such that outdoor storage or salvage operations
I":f are riot visible from adjacent properties, streets, or highways (See Article 14-5F,
1 , L i. Screening and Buffering Standards), Salvage materials may not be piled against
the fence or piled higher than the height of the fe.nce. '
): lev,' ,:For fire protection, a IS-foot wide"unobstructed firebreak, which completely
r il,:'1 l surrounds the use, must be established and,maintained.
. '~I- ..
.......----y
d. The storage of rags, paper and similar combustible waste may not be stored
'closer than 100 feet from any property line unless enclosed in a masonry
building of not less than 4-hour, fire-resistive construction.
6. Warehouse and Freight Movement in the RDP and ORP ZOnes.
a. The proposed use must be associated with a Technical/Light Manufacturing or
Office Use aliowed in the RD'P or ORP Zone,
b. Warehouse facilities may occupy up to 60 percent of the total gross floor area 'Of,
the building or buildings on the site. "" :! "
~" ,Warehouse and Freight Movement facilities may ~ot be located b!>tween the
building(s) that house the Technical/Light Manufacturing'or Office Use and any
street right-of-way,
d. Outdoor storage of products or merchandi~e"is not permitted. Outdoor work
areas and loading areas must be screened from public view to at least the 53
standard (See Article 14,-5F, Screening and Buffering Standards),
7. Waste-Related Uses in'the 1-1 and 1-2 Zones
, WaSte-Related Uses are limited to recycling processing facilities. Recycling
processing facilities must meet the following standards.
a. Ail unloading, processing, and storage of materials, including discarded,
recyclable, or processed materials, must be conducted within completely
enclosed buildings, except as provided below.
':.
(1) Outdoor storage is limited to those materials that are intended for reuse,'
remanufacture, or reconstitution, and not for final disposal in a landfill, by
incineration, or by other means, If outdoor storage is proposed, a
management plan to control the spread of litter and debris must be
submitted and approved as a part of site plan review, The screening
standards referenced in subsubparagraphs (2) through (6), below, are
minimum standards and may be supplemented with additional walls,
fencing, or landscaping to control the spread of litter and debris,
14:)
I
I
I
~.(Js- -Yo\1s'\o
~()' \l\.1.:. ~ '3V,
(2) Outdoor storage areas, including the storage of empty waste containers
and collection vehicles, must be screened from view of adjacent
, commercially zoned properties to at least the 53 or 55 standard (See
Article 14-5F, Screening and Buffering Standards). Outdoor storage ar<!as
within view of property in a Residential Zone .or within public view, as
defined in this Title, must be screened from public view to at least the 53
standard.
(3) Paper products, cardboard, plastic, and other similar materials may not be
stored outdoors unless they have been processed by baling, palletizing, or
other means to control the spread of litter;
(4) Outdoor storage of unprocessed materials is limited to glass, metal, or
other materials that are not easily dispersed by wind. If stored outdoors,
these materials must be stored in containers or structures designed to
control the spread of litter and debris.
(S) Collection containers for recyclable materials that are open to the public
may be located outdoors, provided that the containers are designed to
control the spread of litter and debris, Any public collection area located
within public view, as defined in this Title, or within view of residentially
zoned property must be screened to at least to the 53 standard,
(6) Outdoor storage of discarded tires or appliances is limited t6' i500 square
feet of lot area. The storage area must be located and fenced according to
the 55 standard such that it is not visible from any adjacent property or
street (See Article 14-5F, Screening and Buffering Standards), Materials
may not be piled against the fence or higher than the height of the fence,
Tires may not be stored closer than 100 feet to any property line, Mosquito
abatement,measures must be incorpora~ed into the design of any outdoor
storage area that contains tires."
. '
b. In the I-I Zpne, outdoor, storage areas, and public collection areas may not be
located between anybuilding'ill;d the street right-of-way. In cases where an
outdoor storage area cannot physicaiiy be located anywhere' but between a
building and the street right- of-way,' the City maYapprove the location if
properiy screened.
8. Wholesale,Sales'in theRDP and ORP,Zones J"
" ," In the RDP and ORP Zones, Wholesale Sales, is permitted; provided that the products
~',:i ,'sold are produced by an Office or Jethnical7light Manufacturing Us~ located,on the", _
--'::";;;,,-,,'--_,._."-_1..;_." . ~......'_ .-J-.._~~_......' -.....------- - -"
.. -- ".sameproperty. "t':., ':' .,/
""~9:' Wholesale Sales in the CC'2, CB-2, CB-5, and CB-I0 Zones
a. Wholesaie Sales ((s'a'pri~cipal or accessory' use) is allowed if in conjunction
with a Retail Use or an Eating and Drinking Establishment.
b. Anycin:site acfessory st~;age or, wareh~use facilities must not exceed 40
percent ofthe floor area of the' principal uses on the property as stated in
subsection 14-4C-2W, Storage Buildings and Warehouse Facilities.
D. Institutional and Civic Uses
1. Basic Utilities in the Commercial and Industrial Zones and the ID-C, ID-I,
and ID-RP Zones
,,11":" Basic Utilities within enclosed buildings.
'Gl' V" ;In all Commercial, Industrial, and Research Zones, and in the ID-C, ID-I, and
ID-RP Zones, Basic Utilities are permitted within a building that houses another
. principal use allowed in the zone, provided the facility is completely enclosed
,
'\ and there is no visible indication of the existence of the facility from the exterior
, iof the building,
b. Basic Utilities not enclosed within a building.
(1) In the ID-I, I-I and I-2 Zones, Basic Utilities not enclosed within a building
\ are permitted, provided the use is located at least 200 feet from any
Residential Zone and is screened from view of public rights-of-way to at
least the 53 standard. To ensure public safety, the City may also require
that the use be enclosed,by a fence, Basic Utilities that cannot meet the
200-foot separation requiremen~ may apply for a special exception from
the B~ard of Adjustment as described in subsubparagraph (2), below.
I~b
4.
-""'J6ll'''~r'' ,~'"ClS',-,Y;\~\v , ,~d:'l.\\~3\1
" ,,' (2) In all Commercial Zones, the RDP and ORP Zones, and the ID-C and ID-RP
Zones, Basic Utilities not enclosed within a building are permitted only by
special exception, Proposed uses must be screened from public view and
from view of any adjacent Residentiai Zones to at least the 53 standard.
In addition, the applicant must provide evidence that the proposed use will
, be,tompatible with surrounding structures and uses with regard to safety,
size, height, scale, location, and design, particularly for facilities that will be
locat!!d,close to or within view of a Residential Zone. For uses located in
, highly visible areas, the Board may consider additional design elements '
such a~ masonry or brick facades, and walls or fencing to improve public
safety and to soften the visual impact of the proposed use. Water and
sanitary sewer pumps or lift stations approved by the City as part of
subdivision,or site plan approval do not require special exception approval
from the Board of Adjustment., . ' '
""(3) In the tb~RP and the ORP Zone, ,the Board of Adjustment may grant a
special exception to redu'ce the minimum lot size for, a BasiC Utility Use,
provided that the applicant demonstrate~'ttiat the facility will be located,
screened, and landscaped in a mannefthat will not detract from
surrounding properties or,prevent development of an attractive
entranceway,.to an 'existing or future office research park.
'....-.
2. Priva~,&olleges-and Universities in the RDP and ORP Zones
a. ,'The proposed use will be located such that traffic to and from the proposed use
will not adversely affect the office, light industrial, and research firms for which
the zone is primarily intended,
b. The proposed use will not significantly alter the overall charader of the research
park zone and will not inhibit future development of office, light industrial, and
research finms for which the zone is primarily intended, The Board will consider
such factors as size and scale of the development, projected traffic generation,
and whether adequate transportation, transit, and pedestrian facilities exist to
support the proposed use,
c."s The proposed use will be compatible with surrounding uses with regard to
, building design, site design, traffic circulation, and signage.
3. ' General Community Service Uses in the RM-12, RM-20, 'RNS-20, RM-44,
, PRM, MU, and CN-l Zones
a. Community Service Uses are limited to "neighborhood centers," as defined in '
Article 14-9A, General Definitions.
;
5.
b. If the proposed use is located in a Residential Zone or the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-2B-6.
General Community Service Uses in the CI-l and 1-1 ZOnes '
The proposed use will not significantly alter the overall character of the zone and will
not inhibit future development of uses for which the zone is primarily intended. The
Board will consider such factors as size and scale of the development, projected
, /
traffic generation, and whether adequate transportation, transit, and pedestrian
facilities exist to support the proposed use. Community Service uses that are
,industrial or repair-oriented in nature or that include operations that require outdoor
work, areas may be particularly suited to these zones,
Com';;'unity,Service - Shelter Uses
a. / Maximum oen~ity' ' " ----,- ~- -,-':""..",._~...,~
I . -" "-:l~_,;
(I) In the RM-12 and MU Zones: 750 square feet of lot area per permanent
resident and 200 square feet of lot area per temporary resident.
(2). In the RM-20, RNS-20, and CO-l Zones: 550 square feet of lot area per
" perma,!1..tntre~ident and 200 square feet of lot area per temporary
resident. "
"-'-.....""_.~
(3) In the RM-44, PRM Zones, CI-l, CC-2, and CB-2 Zones a minimum of 300
square feet of lot area per permanent resident and 200 square feet of lot'\, :
area per temporary resident is required. , .c_ , .../
'-.-4
ILl]
l'
6.
_~. ClS-Y.\'8_\o_ <?<;.. \4.~ ~ 3\l
b. Nuisance Issues --;"...-- ,0,-,----
The proposed use will not have significant adverse affects on the livability of ,
nearby residential or commercial uses due to loitering, noise, glare from Iigh~; \
late night operations, odors, outdoor storage, and litter, The applicant must
submit a site plan and a shelter management plan that address these issues.
The management plan must include a litter control plan, a loitering control plan,
a plan for on-site security, and a conflict resolution proced'ure to resolve
nuisance issues if they occur. The site plan and shelter management plan must
be submitted along with the application for a special exception or if allowed as a
provisional use, such plan must be included with the materials submitted for site
plan review, ' : '
c. Site Development Standards
(1) If the proposed use in located In a Residential Zone or inthe Central
Planning District, it must comply with the Multi-Family Site Development
Standards as set forth in Section 14-2B-6,
,
(2) In the CB-5 and CB-I0 Zones, Community, Service - Shelter uses must be
located above the street,level floor of a building.
(3) The proposed facility must comply with the minimum standards as
specified in the Iowa City Housing Code, as amended.
Daycare Uses
a. Required Interior Activity Areas
Child daycare centers must contain at least 35 square feet of usable interior
floor space per child. Adult daycare centers must cO,ntain a minimum of 60
square feet of usable floor area per adult client. An additional 20 square feet of
floor area is required for every adult client who uses ambulatory aids.
Reception areas, kitchens, storage areas, offices, bathrooms, hallways,
treatment rooms, and specialized areas used for therapy are, excluded when
,calculating the required floor area. The dining area may only be included in the
SQuare footage calculation if used bydaycare participants for activities other
than'meals, When co-located in a facility that houses other uses or services, the
proposed dayeare use must have its own separate identifiable space for
program activitieS'i:Iuring operational hours. ",
b. Required Outdoor Arilas" .. "
Child daycare uses must proviiJe-a.fenced outdoor play area of not less than 100
square feet per child based on the m)xitl)!!m number of children that will be
using the outdoor play area at any given ti,me."The outdoor play area must.meet
the following standards: '''''~ "
(1) Playground equipment is not permitted within the (root and side setbacks,
.""":"'::
(2) Outdoor play areas must be well-drained, free from haza~nd readily
accessible to the daycare center, In Residential Zones, outdoOrplay,areas
must be completely enclosed by a fence at least four feet in height. In
Commercial and Industrial Zones, the outdoor play area must be ~ ""
completely enclosed by a fence built to the 54 standard and be Screened
along the perimeter of the fence to the 53 standard (See Article 14-5F,
Screening and Buffering Standards), The City may waive the screening
requirement if it is determined that land uses surrounding the daycare use
will not pose a nuisance or safety hazard to the children such that a
screening buffer is necessary.
c. Vehicular Access
In Single Family Residential Zones, a daycare center that provides care for more
than 16 persons must have direct vehicular access to a street with paving wider
than 28 feet. '
d. Vehicular Circulation
The drop off/pick up area for the use must be designed to allow for sufficient
stacking spaces located in proximity to the main entrance. To promote safe
vehicular circulation, one-way drives are encouraged.
e. Pedestrian Circulation
A sidewalk must be constructed connecting the main entrance of the center to
the adjacent public right-of-way. Pedestrian access must be clearly separated or
distinguished from vehicular circulation areas to minimize the extent to which
users of the facility are required to walk across drives or aisles to gain access to
the daycare center,
I~JJ
/,
." ,/
,/
"
",
~~~,-Yc l~~~_~_____ _~~0,.cll\'\~ ~ \ 1
f. Site Development Standards
If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
forth in Section 14-2B-6, Daycare facilities that are accessory uses are exempt
" from this provision, '
7. Detention Facilities
a. "The proposed use will be located at least 1,000 feet from any property
containing an existing 'Daycare Use, Educational Facility Use, Parks and Open
Space Use, Religious/Private Group Assembly Use or Residential Use;
. ~. .
b. The propo5ed,use will be located at least 1,000 feet from ,any Residential Zone;
c. The proposed use wilCbe located at least 500 feet from- any other Detention
Facility. "".
....,~
d. The facility and its operations will'not pose an unreasonable safety risk to
nearby uses and residents, The appiicant must submit to the Board of
Adjustment a detailed plan for on-site security,"" '
"t.~ . '.
S;"General Educational Facilities in the RR-l, RM-12,'RM:20, RNS-20, RM-44,
.....'
PRM, MU, and CO-l Zones ~
, ~
a. Vehicular access to the proposed use is limited to streets with paverne~idth
'greater than 28 feet,' , ~,
b.The number of off-street parking spaces proVided may not exceed one and one-
half (1.5) tiine~ the minimum number of spaces req~ired, uniess granted a
special exception to do so. The Board of Adjustment will carefully review any
requests for parking spaces beyond the maximum allowed, particularly in areas
where large parking lots will erode the residential character of the
neighborhood, The Board may limit the number of parking spaces and the size
and location of parking lots, ,taking into account the availability of on-street
parking, the estimated parking demand, and opportunities for shared parking
with other nonresidential uses in the vicinity of the use.
c. Minimum Setbacks:
(1) Front: 20 feet
(2) Side: 20 feet
(3) Rear: 50 feet , ' _
d. If the proposed use in located in a Residential Zone or in the Central Planning
, District, it must comply'with the Multi-Family Site Development Standards as set
'" ,
forth ,in Section 14-2B-6,
...~-~
9. , General Edueational Facilities in the RS-5, RS-S, RS-12, and RNS-12 Zones
a. Vehicular accesS to, the proposed use is limiteq to streets with pavement width
greater than 28 feet.
b. Minimum Setbacks:
(1) Front: 20 feet
" r
(2) Side: 20 feet' ...
(3) Re~.r: 50 feet ;'.
The propose'duse'will be designed to be compatible with adjacent uses, The.
Board of Adjustment will consider aspects of the proposed use, such as the Site
size, types of accessory uses, anticipated traffic, building scale, setbacks,
landscaping, and location and amount of paved areas, The Board o~ Adjustment
may deny the use or aspects of the use that are deemed out of scale,
incompatible, or out of character with surrounding residential uses, or may
require additional measures to mitigate these differences, Additional,
requirements may include, but are not limited to, additional screening,
landscaping, pedestrian facilities, setbacks, location and design of parking
, facilities, and location and design of buildings.
c.
-'~,.--~
1't 7
~, os- -'-\.\ 'i) \0
--~~-'--"-' , '-----
d.' Given'that large parking lots can seriously erode the single family residential
character of these zones, the Board of Adjustment will carefully review any
requests for parking spaces beyond the minimum required. The Board'may limit
the number of parking spaces and the size and location of parking lots, taking
into account the availability of on-street parking, the estimated parking demand,
and opportunities for shared parking with other nonresidential uses iti the
" '\ '"\''' '.' " vicin,ity of the use. ,,' - ,,,,.? ,
, e. Th'e proposed use will not have significant adverse affects on the Iivab'i1ity of
nearby residential uses due to noise, glare from lights, late-night operations,
odors, and litter. ,
f. The Building Official may grant approval for the following modifications to a
Educational Facility, without approval from the Board of Adjustment, upon
written findings that the modification will not be detrimental to the public
health, safety, or welfare, or be injurious to the other property or improvements
in the vicinity and in the zone in which the property is located. ;'
(1) An accessory storage building less than 500 square feet in size.>-'
'"
(2) A building addition of less than 500 square feet, provided the adgition does
not increase the occupancy load of the building. "
g. If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi-Famlly Site Development Standards as set
forth in Section 14-2B-6.
10. Specialized Educational Facilities in the PRM, MU, and CN-l Zones
a. Any such use is limited to 2,400 square feet of gross floor'area. ,
b. If the proposed use In located in the PRM or MU Zone or in the Central Planning
District, it must comply with the Multi-Family Site Developme~t Standards as set
forth in Section 14-2B-6. '
11. Hospitals in the CO-l ZOne
Hospitals that existed prior to 1963 are exempt from and may expand without
compliance with the maximum height and FAR standards of the CO-l Zon~.
U. Parks and Open Space
a. Any new cemetery use must be located on a site containing at least 5 acres.
Other shared private open space uses are exempt from the minimum lot
requirements of the base zone in which they are located,
b. The following uses and facilities are regulated as accessory uses and are subject
to the regulations of Article 14-4C, Accessory Uses and Buildings:
~G' \'S"CJ ~ 3q
,\
(1) Accessory uses within shared private open space areas. Swimming pools,
tennis courts, boat ramps, and other recreational facilities, These are
recreational facilities that are shared among residents of the surrounding
properties and are maintained and operated by a common homeowners' or
residents' association. Recreational, sports, or athletic clubs operated as a
commercial business and open to the general public to join are classified as
Commercial Recreational Facilities and are regulated 'as a principal use.
(2) Accessory uses within cemeteries. Mausoleums, chapels, and similar
'. accessory facilities associated with funerals or burial.
, (3) 'Accessory uses within golf courses. Clubhouses and driving ranges.
~ ~"13. fReligi~us/P~;;ate Group Assembly in the ID-RM, ID-C,'RR-liRM,;U, RM-
~, 20, RNS-20"RM"44,PRM, MU, and CO-l Zones
~~' Vehicular access to the proposed use is limited to streets with pavement width
greater than 28 feet.
b. Religious Institutions in existence prior to 1963 that are located in the RM-12,
RM-20, RNS-20, RM-44, PRM, MU, and CO-l are exempt from and may expand
without compliance with the required number of parking spaces.
c. Religious Institutions located in the PRM Zone that have parking areas that
existed prior to March 1, 1992 and if such parking areas are within 300 feet of a
Commercial Zone, the Religious Institution may lease up to and including 2/3 of
the required parking s~ces within said parking areas to other users,
.'
".
IsO
d.
~~_~~LO~-LH8'1o n ~9:\~\~5n\
The number of off-street parking spaces provided may not exceed one and one-
half (1.5) times the minimum number of spaces required, unless granted a
special exception to do so, The Board of Adjustment will carefully review any
requests for parking spaces beyond the maximum allowed, particularly in areas
where large parking lots will erode the residential character of the
neighborhood. The Board may limit the number of parking spaces and the size
and location of parking lots, taking into account the availability of on-street
parking, the estimated parking demand, and opportunities for shared parking
with other nonresidential uses in the vicinity of.the use
Minimum Setbacks:
e.
_.
(1) Front: 20 feet
(2) Side: 20 feet
(3) Rear: 50 feet
f. If the proposed use in located in a Residential Zone or In the Central Planning
District, it must comply with the Multi-Family Site Development Standar~s as set
forth in Section 14- 2B-6.
14. Religious/Private Group Assembly in the JD-RS, RS-S, RS-8, RS-12, and
RNS-12 ZOnes _ ',' ""'"
..-
'a. Vehicular access to the proposed use is limited to streets with pavement width
greater than 28 feet. ' ,.' ...-
b. Minimum Setbacks; /"
, (1) Front: 20 feet
I
(2) , Side: 20 feet
(3) Rear: 50 feet
c. The proposed use will be designed to be compatible with adjacent uses. The
Board of Adjustment will consider aspects of the proposed use, such as the site
size, types of accessory uses, anticipated traffic, building scale, setbacks,
landscaping, and location and amount of paved areas, The Board of Adjustment
may deny the use or aspects of the use that are deemed out of scale,
incompatible, or out of character with surrounding residential uses, or may
require additional measures to mitigate these differences, Additiona,l
requirements may include, but are not limited to, additional screening,
iandscaping, pedestrian facilities, setbacks, location and design of parking
facilities, and location and design of buildings. \
d. Given that large parking lots can seriously erode the single family residential
character of these zones, the Board of Adjustment will carefully review any'
requests for parking spaces beyond the minimum required, The Board may limit
the number of parking spaces and the size and location' of parking lots, taking
into account the availability of on-street parking, the estimated parking demand,
and opportunities for shared parking with other nonresidential uses in the
, vicinity o( the use.
e. The proposed use will not have significant adverse affects on the livability of
nearby residential uses due to noise, glare from lights, late-night operations,
odors, and litter,
f. The Building Official may grant approval for the following modifications to a
Religious/Private Group Assembly Use, without approval from the Beard of
Adjustment, upon written findings that the modification will not be detrimental
'to me puolIC'heMti, sanlty;orWelfdre,Cor'oe IIljunous to me ocnerproperty 01
improvements in the vicinity and in the zone in which the property is located.
(1) An accessory storage building less than 500 square feet ,in size,
(2) A building addition of less than 500 square feet, provided the addition does
not increase the occupancy load of the building.
g. If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi-Family Site Development Standards as set
, .forth in Section 14-2B'6.
ISI
~,OS--4\~ \0
_______~O' ls~ ~ '3~1
E. Other Uses
1. Animal-Related Agriculture in the ID Zones _ ';,' ",'
a. Uvestock feedlots must be located no close["than l/,r;r;i1e'fro;; ~ny Residential
, Zone boundary. ' , ' ," ,
, ~.; Confinement feeding operations are prohibited,
~ 2. / EXtraction
, a.,~ , Extracti~n is not permitted within 1,000 feet of a Residential Zone.
b.l \ Proof of compliance with all State requirements, including all approvals and
g' licenses referenced in subparagraphs c, through e, must be submitted to the
; '1 City, for review and approval prior to commencing extraction operations.
..-....
c. Approval for the withdrawaf of water must be obtained from 'the Iowa
) " ,0.'" Department of Natural Resources, or its successor,
. 'd. 'Approval for operation in a floodplain must be obtained from the Iowa
~"f I 'Department of Natural Resources, or its successor.
': e. ,A license to operate the Extraction use muSt be,obtained from the Iowa
, ' , ), ; Department of Agricultural and Land Stewardship, Division, o.f ~i1 Conservation,
'or its successor. Failure to maintain said license shall'cii'nstiMe" abandonment.
,3. ;' Helico~r Landing Facilities in the I-I, 1-2, RDP, and ORP ZOnes'
j a. , The proposed landing facility must be located at least 1,000 feet from any
Residential Zone. "
, b;: The landing facility must meet all applicable federal regulations. Documentation
{;.I, of compliance with federal regulations must be submitted to the Board of
'L. Adjustment with the application for a special exception.
- " , 4. 'Communication Transmission Facilities in Residential ZOnes and in the ID-
RS and ID-RM Zones
, Communication Transmission Facilities are limited to communications antennae,
provided the following conditions are met:
,,~:;, The antenna is mounted on the roof of a principal.\luilding that contains a
nonresidential use or on the roof of a building that is acc!!ssory to a
,{ ( nonresidential use, Examples include church and school ,buildings, A maximum
r ",,~ of two antennae is permitted per building, ,~ ' .. ,_
b. Strobe lighting is prohibited in Reside~tial Zones. 'Therefore, any anterina":!hat
requires such illumination is prohibited. ' ~": """
c. Any equipment associated with an antenna must be located within the exterior
r " walls of the building to which the antenna is attached. No separate equipment"
, " '1, shed is permitted.
5. Communication Transmission Facilities in Commercial ZOnes and the ID-C
ZOne; Privately-Owned Communication Transmission Facilities in Public ..
'''',ZOnes.
a! Communications antennae are permitted in all Commercial Zones, the ID-C
Zone, and in Public Zones provided the following conditions are met:
." c i (1) The antenna must be mounted on another structure allowed in the zone,
such as a rooftop, light pole, or utility pole,
(2) In the CN-l and CO-l Zones and in any !D-C Zone that is intended for a
future CN-l Zone, strobe lighting is prohibited. Therefore, any antenna
that requires such illumination is prohibited in these zones,
,iil ,,' ,,(3) In Public Zones and in the CC-2, CH-l, CI-l, CB-2, CB-5, and CB-lO Zones
",.. .' and in any ID-C Zone not,intended for a future CN-l Zone, antennae may
not be illuminated by strobe lights unless required by federal regulations.
If alternatives are allowed under federal guidelines, strobe lights, may not
be used. '
;" t r?;;'i' (4) Any equipment associated with an antenna must be located within the
exterior walls of the building to which the antenna.is attached or screened
from view of the public right-of-way and any adjacent property to at least .
to the 53 standard (See Article 14-5F, Screening and Buffering Standards).
If the equipment is located on the roof it must be set back and screened so
that it is not within public view or appears to be, part of the building.
)
,
./
,',
~;. '.~ ,-. .
,C1",
" .~
~ ", ,'. l ~
",
\',./
t.i
,',;.'<':.,1':,
"
~ I ;. I.;
.~t 1
.,: I
..,,'t' .
,s,~
, G-\..J, Os - '-1:1 '6\.0 '" / ' ~d . \S3 qf '0 ~1
, ~<! i;;br."'Communicatlons'towersare'allowed'by,special'exceptio'n'in'Public'Zones, the . \
ID-C, CO-I, CN-l, CH-l, CH, CC-2, CB'2, CB~5, and CB-lO Zones and'must
\'.' ',' comply with the following approval criteria: "
(1) If the proposed tower will be located in an !D'C Zone that is Intended for a
,\" " future Neighborhood Commercial Zone according to the Comprehensive
i ' \'" i"" Plan, as amended, then it must comply with any specific standards listed
below for CN-l Zones.
'" ' , ", (2) The proposed tower serves an area that cannot be served by an existing
tower or industrial property or by locating antennae on existing structUres
in the area, The applicant must document attempts to utilize existing
structures, towers, or industrial properties within one-half mile of the
proposed tower.
. "", (3) The proposed tower will be constructed in a manner that will camouflage
the structure and reduce its visual impact on the surrounding area.
Examples of camouflage design include tow'ers camouflaged as flag poles,
monuments, steeples, or the integration of rooftop towers onto existing
buildings, water towers, etc. Rooftop towers must use materials similar to
or that blend in with the structure to which it is attached, Other
camouflaged tower structures must be of similar height and appearance as
other similar structures allowed in the zone, e,g. towers camouflaged as
light poles or utility poles must be of similar height and appearance as
other such poles.
(4) The proposed tower will be no taller than is necessary to provide the
service intended. In the !D-C (except areas intended for CN-l), CH-l, CC-
2,0-1, CB-2, CB-5 and CB-lO Zones, communications towers are exempt
from the maximum height standards of the base zone, but under no
circumstance may the tower be taller than 120 feet from grade, In the CO-
,1, CN-l, and any ID-<; Zone intended for CN-l, communications towers
must comply with the same height standards that would apply to the type
of structure to' which they are attached; For example, if the tower is
camouflaged as a light pole, flag pole, or utility pole it must not exceed the
height Iimitatiori'for, such structures as specified in the base zone. If no
height standa'rd exists in ,the. c,?de for such a structure, it must be aesigned
to be of similar height'imd appearance to'other similar'or,typical
structures, If the tower is camouflaged as"a chimneyor,ottier similar
rooftop structure, the Board 'may exempt it from the base zone height
standards if it is designed as if it were an integral part of the building and
is not out of scale or proportion to other similar rooftop structures,
, ,
(5) The proposed tower will be setback at least a distance equal to the height
:,;J ( of the tower from any Residential Zone; ID-RS Zone, and ID-RM Zone,
;1:', (6) Any equipment associated with the tower facility will be enclosed in an
'ror j, equipment shed or building, which must be adequately screened from view
, i ~ " of the publiC right-of-way and any adjacent residential or commercial
Q'L " ,property.
. ,; , :i,; '(7)' The proposed tower will not utilize a back-up generator as a principal
, 1[\ 'power'source. Back-up generators may only be used in the event of a
I. ,j \," power outage.
" (B) In the CN-l and CO-I Zones and in any !D-C Zone that is intended for a
future CN-l Zone, strobe lighting is prohibited. Therefore, any tower that
requires such illumination is prohibited in these zones, The tower will not
be illuminated by strobe lights unless required by federal regulations. If
alternatives are allowed under federal guidelines, strobe lights may not be
used,
The proposed tower may be designed and constructed to accommodate up
to two additional users, provided this additional capacity does not prevent
the applicant from adequately screening or camouflag!Dg the use.
(111) If use of the'towef is'discontinuetl;'the tower and any'assoClated "
, equipment must be removed by the owner of the tower or the owner of (\. ..3,s-
-..::. "_ ' the property within one year of discontinuance of use,
L
r
'..1\ iI"
7.'
'?" ,.
,) ",'
~E (:~"
. (,:
" c
!
'l':, i
;) t ,"
. 11 '~'.
,
f
'~
~
/ ~
,1 '<';
:t >>1
I
f~'~ ; J.l.
"
''f-;I )
I
I:
....,\,
'''I'
.. 'J"':
" ..1'1
,- ~ ,'>
'. ,p! t'
, '}'
. , I'
,','I ~: (9)
--~..
Is.3
~a' \s~~ 2>n
~\ oy-4l '8'~
-----, ,- -'--' --,------
6. Communication Transmission Facilities in Industrial and Research Park
ZOnes anllthe ID-RP and ID-I Zones
-'" ,
a'. Communications'antennae are permitted in all Industrial and Research Park
Zones and in the ID,I and ID-RP Zones, provided the antenna is mounted on
,
another structure allowed in the zone, such as a rooftop, light pole, or utiiity
.._._' ..pole. ',--'-'" ...,--_:' "
- -b;,~' E:oi'nhitIliicafionstowerscar,tailowed'in'the fD-I;Icr and'I-2 Zones and by'
, special exception in the ID-RP, RDP and ORP,Zones"provideQ the following
", conditions, are met: ' ", , \ t . ":'/',.: ' 1
, " .,It; :".-..1
(1) The proposed tower will be setback at ieast a distance equal to.the height
of the tower from any Residential Zone, 'ID-RS'Zone, and ID-RM Zone,
.01 . .
(2) The tower and any associated equipm~nt buildings must be screened from
the public right-of-way and any bordering Residential or Commercial Zone
to' at least th,e 53 stand~rd,(See Article 14-5F, Screening and Buffering
Standards): , v' ,,'/
.. ,......--- t'"
(3) ,The proposed tower must be designed and,constructeO to accommodate at '
least'two additional users. ,."
...,......
Arti'c1e C. Accessory Uses and Buildings
,
~.:..F:;" ,
,,~'
L ~ ",'"
14-4C-l General A roval Criteria
ACcei.sory uses;;bUijdingS or 9ther structures customarily incidental to and commonly associated
with a permitted use, provisional use or special exception are permitted, provided they are
opera~Q>and maiptlJined adcording to the following standards:
A. The ~~iyuseJs'~ubordi~ate to the principal use of the property and contributes to
the comfort; a:inlieni!!nce or necessity of occupants, customers, or employees of the
prindpal use; '. 1<., .>~
. ".
".' ' ,
B. The accessory use, building'orstructure is under the same ownership as t~e principal use
or uses on the property; " /' ','-
C. The accessory use, building or structure does not include structures,'strudural features, or
activities inconsistent with the uses to which they are accessory;', ./
, '0" .j;'"
D. Except for off-street parking located on a separate lot as approved through a special
exception, the accessory use, building, or structure isloeated on the same lot as the
principal use or uses to which it is accessory; ~~d ' ____ > '
E. The accessory use, building, or structure conforms to the applicable base zone regulations
and to the specific approval criteria 'and development standards contained in this Article.
. . p'" .
/
14-4C- 2 5 ecific A roval Criteria
, '
Aiiy ac~essory uses listed in the follOWing subsections must comply with the conditions listed,
As noted, some require special exception approval from the Board of Adjust:n1ent. If-a'
regulation in i:iie~Base Zone chapter conflicts with a regulation contained in this Article, the ,
regulation thaf is mo'reWeCific to the situation applies. Whe~,re9ulations iire equally specific or
when it is unclear which 'feg~lation to apply, the more r.estrictive,regulation will govern,
. "" '.t, ,.~. /- .
'A. Accessory Apartments"" ' .. /,:" .'
Accessory Apartments are pelimitted in.the RS,5;"RS-S, RS-12, RM-12, RM-20, and RNS-20
zones in owner-occupied DetachedISingle,Fan;i1y Dwellings and o€tached Zero Lot Line
Dwellings and in buiidings .accesSory,#rfhese same dw~lIing types, provided the following
conditions are met: ." ....~' , ' "
, '. ,~,. .
1. Permit Requifed ,,/ . ",
Prior to the establishment of any acceSsory apartment, the owner of the principal
dwelling,unif must obtain a rental permit from the Department of Housing and
Inspection Services according to the applicable procedures set forth in Chapter li of
,\his Title, Review and Approval Procedures.
IS,!
~' - Ownershijiiind Occupancy
a. The owner,ofthe property on which an accessory apartment is located must
occupy at least one of the dwelling units on the premises as the permanent
, lega(resident.
b,' The accessory apartment and the principal dwelling must be under the same
ownership,
c. On properties that contain an accessory dwelling unit, the total number of
individuals that reside on the property (including both principal and accessory
/ units) may not exceed the number allowed for one "household," as this term is
~-:. - -:r ~.~~ - define(:l"if'fttle-zonlrig~ distriCfiri'wnii:h-<<the~propertY is loditea:-=- ~ - - . -
,3. Site Requirements ,
a. Only one accessory apartment may be established per single family lot.
b. In addition to the parking required for the principal dwelling unit, one off-street
parking space is required for the accessory apartment.
c. The minimum lot area per unit requirement of the underlying base zone does
not apply to an accessory apartment, i.e, no additional lot area is required
beyond that which is required for the principal dwelling unit.
4. Design Requirements ,
a. The accessory apartment may be located within the principal dwelling or within
an accessory building.
b. The accessory apartment must be a complete, separate dwelling unit that
functions independently from the principal single-family dwelling unit. It must
contain its own kitchen and bathroom facilities.
,r
B.'
. - <"-00.,.
~,OS -'-i.l'i?<.o
\?O' \~~ ~ 3ll
"
S.
c. When located within the principal dwelling, the accessory apartment must be
designed so that the appearance of the building remains that of a single-family
residence. Any new entrances should face the side or rear yard of the building,
and any addition for an accessory apartment may not increase the floor area of
the original dwelling by more than 10 percent. Exterior finish materials, trim,
windows, and eaves must visually match the principal dwelling unit. .
Apartment Size ,.' '" ",
The accessory apartment must be clearly subordinate in area to t~i; principal dwelling
unit or to the accessory building in which it'is located. Accordingly, it must comply
with the following standards:, . /' .
a. For an accessory apartmen~ located within a 'principal dwelling unit, the floor
area of the accessory unit may not exceed 30 percent of the total floor area of
the principal ,dwelling, excluding the area of an attached garage, or 650 square
feet, whichever is less." ,
. ~"..- .
b. ' ' :FOr 1m accessory apartment located within an accessory building, th~floor area
, ,r..' of the accesSory apartment may not exceed 50 percent of the total'floor area of
the accessory building or 650 square feet, 'whichever is less: ",: ,..
'. "Ii. /" ,.;' ';;
", c. ,r The accessory apartment may contain no more than o~e bedroom,
"n.,
,Acc~ory Retail Sales , ",' '
,. ,; o. ..~ ,~ . ,,_..-:, .
1. For no'ri'tesidential,uses; accessory retail sales is permitted, provided the following,
conditions are rriet. Retail sales associated with Home Occupations is addressed in
'-- the subsection entitled, "H6me,Occupations," below, ,
a. Accessory '~tail sales must'clearly be subordinate to the use to,which it is
accessory, The floor area devoted to accessory retail sales may not exceed
, 1,000 square feet or' 40 percent of the total floor area of the principal use to
which the r~tail sales is accessory, whichever is less, The floor area devoted to
accessory uSes is included 'when calculating the total floor area of the principal
-"":::':,~,use. For example, a small manufacturing establishment contains a total of
2~o06 'square feet of floor area. Under this provision, the establishment may
include up to 800 square feet of accessory retail space:'"
. .,
b. The operation. of and area qevoted to retail sales must meet the Performance
Standards for commercial zones as specified in Article 14-5H:,
. . ,t
c. The products sold must be manufactured, proce~; or f~!?Jicat'ed on the
property or must be associated with the prirciRal~,of the property,
ISS-
c.
~\. 'OS - 4t8'1o
<? (S:' ,~S1o ~~ q
Acce~ry Uses within Parks and Open Sp~ce'US~s/'~:'
.?#.
1. Within cemeteries, all structures, including, I;>ut'flot limited to mausoleums, -
columbariums, crematoriulTlsi permanent monumentS and maintenance buildings,
must be set back a ~inimum of ~O feet from any property line or street right-of-way
~..__.....__...,___,.__,~"'>-'~"_"'~_'___'''''''__'''--f""___ -, .
line. SJ:leb-Structlires rt)tiSt.oo~ friim,:vieW,ofabllttiri9'l'esidE!\ltial properties to"
, ;it (east the,Sl <:t~ndarrl (See ,;rticle ,1ffi'-~E Screeni/;lganrl Bufferina <;tandarrls). If
mOll t9~H _hTZD~t~,iDbcrJ~(' ~Ut::..~ml t.'t.?tfl:.Ut1121f,~)!Ilt)rU9tl I. Ob:'9I' lDfi' -, 1~IUo'-d~~m l'lf' ,
,suc Stru"ures are 10ca t:U suc" "a ey are no VISI e rom resl entia properties,
, then screening is not required, '
2. ,: Playground equipment, picnic facilities, shelters, and gazebos are permitted within
. ',parks and Open Space, Uses, provided they are set back a minimum of 20 feet from
any property line or streefright-of-way line. "
. ~ ' .
3. Uses, buiidings and structures devoted to active recreational activities, such as dub
houses, driving'ranges, swimming pools, recreation buildings, sports fields, and
tennis courts, which' areJocated within private, sli'ared open space are permitted by
special exception and are'subject to the approval criteria in the following ..
subparagraphs, except for uses approved through a Planned Development process,
Uses, buildings, and structures devoted.to active recreational activities,approved
through a Planned Development process are'ngt initially required to,ootain'special
exception approval. However, any expansion or enlargement of such a use, building,
or structure requires special exception approval frorn'the,~oard of Adjustment, except
as permitted in subparagraph g, below. A special exception'is not' required for
buildings or structures devoted to active recreational activities within ,public parks.
a. The proposed use is properly located to provide adequate separati.oi"bt!~een
properties and between uses within the Parks and Open Space area. AnY~ '-
buildings associated with the proposed use must comply with the setback
requirements for principal buildings in the underlying base .zone, Other
structures and facilities must be set back at least 20 feet from any property line.
The Board of Adjustment may reduce or increase the setback requirements,
provided that adequate separation is established based on the specific use
proposed and the nature of the surrounding properties.
b. The proposed use is consistent with the intended character of the specific Parks '
and Open Space area;
c. The location or operation of the proposed use wili not compromise any
designated environmental conservation areas adjacent to or within the Parks
and Open Space area.
d. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area, Evaluation factors include street
capacity and level of service, access requirements, on-street parking impacts,
neighborhood impacts, and pedestrian safety,
e. Adequate public services are available or will be made available to serve the
proposed use,
f. The proposed use will not have significant adverse impacts on the livability of
nearby residential properties due to noise, glare from lights, late-night
operations, odors, and litter.
g. The Building Official may grant approval for the following minor modifications to
accessory uses within Parks and Open Space' Uses without approval from the
Board of Adjustment, according to the procedures and approval criteria for
Minor Modifications as set forth in Article 14-4B,
.......~
(1) An accessory storage building less than 500 square feet in size.
(2) A building addition of less than 500 square feet, provided the addition does
. not increase the occupancy load of the building,
D. Bed and Breakfast Homestays
Bed and Breakfast Homestays are allowed in owner-occupied Detached Single Family
'Dwellings, provided the following conditions are met:
~
, '
1. ' The principal use':of the property must,be an owner-occupied Detached Single Family
Dwelling. '
fs~
"
~\ ,oS' -4 \. tto
~Ab'\~ 0\l
____~- --:--~u_____.._
E.
2. Nomore than 3 bedrooms-are provided to, guests who stay for periods not to exceed
14 consecutive days, ", "', '
, ' .
3, A minimum of two off-street parking~pac.es must be provided in addition to the
parking spaces required for the dwelling, ParkiQg spaces mayb.e located one behind
the other, " ' '., ",.' '
""'-.. .',
4.' Nonresident employees are prohibited, except as approveifby,the Building Official as
,'a Minor Modification, accordiog to the, procedures and approval criteriafor Minor
Modifications as set forth in Article 14-4B. ,'." "'~_" ':lC1,
5. If a'dwelling 'contains rooming units for, permanent roomers, the number of permitted
. bedrooms for a Bed and~Bre~kfast HomeStax is reduced by the number of rooming
uni~. ','. '-~.
6. Fire protection equipment must be installed and maintained according to the
currently adopte9 Interna!il?nal Residential Code.
" ,
, 7. " Signageidentifying"the Bed 'and BreakfastHomestay is limited to one non-illuminated
sign not exceeding two square feet in area. ' , ' - /71
8. Every two years, the operator must obtain a rental permit authorizing this use from
the City after establishing 'compliance 'with City ordinances.
Bed and Breakfast Inns '
Bed and Breakfast Inns are allowed in owner-occupied Detached Single Family Dwellings,
subject to approval of a special exception by the Board of Adjustment arid provided the
following conditions are met: . '-,'
L The principal use of the property must be an owner-occupied Detached Single Family
Dwelling" ". '
",
2. No more than 5 bedrooms are provided to guests who stay for periods not to exceed "
14 consecutive days.
3. A minimum of three off-street parking spaces must be provided in addition to the
parking spaces required for the dwelling, Parking spaces may be located one behind
the other.
4. Nonresident employees are prohibited, except as approved by the Building Official as
a Minor Modification, according to the procedures and approval criteria for Minor
Modifications as set forth in Article 14-4B,
, "
5. If dwellings contain rooming units for permanent roomers, the number of permitted
bedrooms for a Bed and Breakfast Inn is reduced by the number of rooming units, ,
6. Fire protection equipment must 'be installed and maintained according to the
currently adopted International Residential Code.
7. Signage identifying the Bed and Breakfast Inn is limited to one non-illuminated sign
not exceeding two square feet in area. --- -~
8. Every two years, the operator must obtain a rental permit authorizing this use from
the City after establishing compliance with City ordinances,
Caretaker Residences in the Industrial and Research Park Zones'
In the Industrial and Research Park Zones, a maximum of one residence for a proprietor,
caretaker, or watch person is permitted, provided it is located on the same property as the
,
commercial or industrial use" ,
F.
.....~. .
G. ChildCilre, Homes , . "...
1. Childca're'homes, as defined in this Title; that provide care for up to 8 children are
permitted in any zone.that allows Household Uving Uses, provided the operation and
maintenance of the childeare'home meets all applicable State requirements. A
childcare home is penmitted one non!esident caregiver in addition to the primary
resident caregiver. ' "7_,,--.,..,
'....~
2. Childcare homes, as defined in this Title, that provide care for!rto'l6<hildren are
permitted in any zone that allows Household Uving Uses, provided the following
conditions are met:
a. The home must provide a fenced outdoor play area of not less than 50 square
, feet per child based on the maximum number of children that will be using the
outdoor play area at any given time;
fS'7
,.,.."
~,as - LH"i'\.o
- --,.---.-------.
- "-:--- - -' -1).- The home mu~ contain 35 square feet of interior floor space per child,
excluding kitchen, bathrooms, and halls;
c. The home must have a working fire extinguisher, smoke detectors, and two
direct exits; ,
d. The operation and maintenance of the home must meet all applicable State '
requirements.
e. The home is permitted one nonresident caregiver in addition to the primary
resident caregiv,er.
\So ,"S~ ~ ~\1
,.(
H. Communication Towers, Antennae, and Satellite Receiving Devices
1. Accessory communications antennae and satellite receiving devices, one l]ieter or
l'
,
"""~r-'",,'>-'-'-'e1"-''''''''-'_''''-4'.-' .~J-.._.-...... . ..'-'._.....4
f5l11allefi'ill:plari'letet;"lI'~lpermitteg iIliany,zof!eJfj:)rOviaeclthiltsuchla device;1s in 0
)nn919 .Il.<<o(lljllilmbe<witfJ the pravlsiOl1S3El1i'~der1l:ilrIililJ 19tecsectioru.v~ibility,S!<lndards. '-, -3 b
, --: ,//, ' ,
2. Accessory satellite receiving devices larger,than one meter in diameter are permitted
in all Comniercial and Industrial zonesfPr~ided that no such device is'located in
violation of the provisions of Article:14-5D, Intersection Visibility Standards, In
Residential Zones, includj~'ttili-rD-RS and !D-RM Zones, such devices are permitted,
provided they are not. lOcated in the area between the street and the principal
. . ,- .....
building, wi~bin,the required principal building, front or side setback area, or on the
roof ofaTiY'building.
.)-..p...., ~ '.
3. ~ 'Communications towers, other than amateur radio and citizen band transmitters, are
permitted according to the requirements for Communications Transmissio'n Facilities
as set forth in Article 14-4B., , :....
; .'l
4. Amateur radio and citizen band transmitters, antennae, and supporting structures are
permitted in any zone, provided they are not located in the area between a street
and a principal structure or within the required side setback.
I. Daycare
, Daycare accessory to Institutional, Com!1)erciaJ, or Industrial Uses is permitted ~ccording
.to the approval criteria for Daycarj. useS as set forth in Artide 14-48. "', , : ; 1
J. Decks and Patios, Uncovered'" : "
1. In Residential'Zones. \
-"". <, a. UncoV;red patios and decks constructed 2 feet or less above grade must be ~t
'-""~ back at least 10 feet from any front or street-side lot line and set back at least 2
"feet.trom any alley right-of-way, No side setback is required, ':
~ I
b. Uncovereo' patios and decks constructed more than 2 feet above grade must be
set back'at least 10 feet from any front or street-side lot line, at least 5 feet
from any side lot line, and at least 2 feet from any alley right-of-way,
2. In all zones, except Residential. "
a. Uncovered patios and decks must be set back at least 10 feet from any front or
street-side lot line and set back at:least 2 feet from any alley right-of-way. No
t"lo. .
side setback is required, ,! I
b. Decks and patios in any zone where there is no front setback requirement for
principal buildings are exempt from the front setback reqUirement in
subparagraph a, above.
K. Drive-Through Facilities
1. Drive-throughfacilities are allowed according to Table 4C-l, below,
....
\
ISJ?
---- r-;-- .' ~~ -OS',-'-t-l-K - "~-'--
Table 4C.1: Drive-Through Facilities
ZoIIe DrIv.-Uuough faclrlti.. aHll\'I"d
to ZOneS None permitted
_Zones NOlle Permittod
M[(~9~L"'l9irell1'nt$
Not,applicab~
Notapplicablo "
Special exception required. See additional
approval criteria listed below.
Drive through lanes must be set back at'
least 10 feet from property lines and must
be screened from view of any a~uttin9
Res..ntial Zoo. to the S3 standard (See
Article 14-5F, Screenmg and Buiiering
Standards),
Special exception required. See additional
approval criteria listed below.'
Limited to facilities that are accessory to financial
institutions
penniltad
Limited to facilities that are acce5SOI)' to financial
institutions and pharmacies. ~
Maximum of 2 lanes allowed for a financial
institution;
Maximum of 1 lane a1!owed for a pharmacy
Permitted by special exception
Special exception required. See additional
approval criteria listed below.
Not applicab~
None permitted
~
L.
2, Special exception approval criteria,
a. The number of drive-through lanes, stacking spaces arid paved area necessary
for the drive-through facility will not be detrin\ental i6;adjacent residential
properties or detract from or unduly interrupt pedestri~n circulation or the,
commercial character of the area where it is located. To promote compatibility
with surrounding development, safe pedestrian access, and efficient and safe
vehicular circulation on the site, the Board of Adjustment may require 'f!,rtain
conditions, including, but not limited to, restricting the location of the drive-
through to rear or side access, requiring directional signage, limiting the number
of lanes and/or amount of paving,.and,limiting or prohibiting the use of
loudspeaker systems, .. ' ". - ,"-. I' '
.b., The transportation;system is capable of safely supporting th~ proposed use in
, 'addition tOJllll"eXfS1:ihg uses in the area. Evaluation,factors inciude street
capacity, and level of service, effects on traffic circulation, access requirements,
'and,pedestrian safety. An adequate number of stacking spaces must be,
,'. /PiOVided to ensure that traffic safety is not compromi~ed.., . ~,
.. ijc. The drive-through lanes must be set back at least 10 feet from adjacent lot lines
d- and public rights-of-way and screened from view to the'S2 standard (See Article
14-5F, Screening and Buffering Standards). If the drive'through is located
adjacent to a residential use or property zoned Residentiai, it must be screened
from view of these properties to at least the 53 standard (See Article 14'5F,
Screening and Buffering Standards), The Board of Adjustment niay increase or
reduce these standards according to the specific circumstances affecting the
site. ' ' .
'- d. Ughting for the drive-through facility must comply with the outdoor lighting
--: '.. standards set forth in Article 14-5G and must be designed to prevent light
::---:tre~pass and glare onto neighboring residential properties. , ,
',,-
Fences, Walls, and.Hedges
" ,
1.' Pennit Required. A pecmitis required for all of the following:
a. Electric fences; "
b. Barbed wire fences;
c. Any fence or wall over 6 feet in height;
" '
d. Any retaining wall over 6 feet in heigbt measured'from the top of the footing to
__ ..-tlietop'ofthe"wall;and ,-,,- ~', ': '" !
e. A retaining wall of any height that supports a surcharge or impounds flammable
liquids. '
.,.:'
,',
,
,
2. Location and Height Requirements. All fences, walls, and hedges located within a
principal building front, side, or rear setback area or within 5 feet of a lot line, are
subject to the following location and height requirements.
a. No portion of a fence or wall more than 10 percent solid shall exceed eight feet
in height The solidity is the percent of the fence over a random area which is
made up of solid, opaque material, and which does not allow light or air to pass
throuah. Retaining walls are ex_empt from the provisions of this subparagraph,
\?O' IS',\ <>{ ~(l
I'S1
___'____ ~\ ~,~~_~4l_1S~,_n
~G' \1o\J
3.
, p ,
b. Fences, walls, and hedges must be set back at least 2 feet from any alley or
street right-of:way line. ' 'i
c. On corner lots, fences, walls, and hedges over 2 feet in height must comply with
the provisions of Article 14-5D, Intersection Visibility Standards. '
d. Fences and walls that exceed 4 feet in height are not permitted in the principal
building, front setback area on properties ~oned Re~idential or on pr!>p~~es
located within 50 feet of any property along the same frontage that is zoned
_ Residential. However, this height limit is increased to 6 feet for lots with
'--frontages along an expressway or an arterial street, provided that the lot is a
doubie frontage iot or a reversed corner lot. Retaining walls are exempt from
the provisions of this subparagraph.
, ,
Barbed wire and electric fences are subje<:! to the following regulations.
a. Barbed wire consists of twisted wires with barbs on each wire, The'barbs on
each wire must be at least 4 inches apart. Any barbed wire that doesn't meet
this description is prohibited, Concertina wire is prohibited.
b. Exceptwhen used for the enclosure of livestock associated with an allowed
Agriculture Use, barbed wire fences are permitted only in the Commercial,
Industrial, and Research Zones, provided the bottom strand of barbed wire is
not less than six feet above grade. '
c. Except for the enclosure of livestock associated with an allowed Agriculture Use,
electric fences are 'not permitted 'in any zone. .
[/,
(- ~
~,__ "~ "~r".'."'.._'J. '--',' .... '" ...... ~. _., _,'-'\"-'f"' ,..,-"...,..~..
ni <d:>Ji'Nb elefulc;fence'Sliall"Qli1lY,'<!iq,asge glliatliiit!i1anE2S'ltiilIlBfi\pereSlnor.'ll- ,
,2b lsbns:ji'ulSliitl/ig'cumint>loWeIl tIilihldnel-tii1lltlil<SeltOmN01ll6r'1e Siiooodflllillle:lOAlI electric
fences must carry the seal of an approved testing laboratory,
Barbed wire and electric fences are prohibited within 5 feet of a public sidewalk
or within 4 feet of a street right-of-way line where a public sidewalk does not
t, ,'exist. In the'latter case, however, a barbed wire or electric fence'may be
I:, 'installed or constructed along the right-of-way line if the property owner agrees
:', ItO move the fence back the' required distance within 2 months after the
installation of a public sidewalk. Said agreement must be submitted with the
,,: " application for a fence permit.
,,-..1" .' .'
M. Home Occupations
There are two categories of home occupations, Type A and Type B. Type A home
occupations are permitted, provided the use complies with the standards in paragraphs 3
through 9, below,: Type B home occupations are p'ermltted, provided the use complies
with the standards in paragraphs 3 through 9, below, and the operator of the use obtains
a home occupation permit from the City as described in paragraph 2, below, The "
standards for Bed and Breakfast Homestays, Bed and Breakfast Inns, and Childcare Homes
are;~p&lfied Tn '6ther subsections of this Article and are, therefore, not subject the
provisions of this subsection,
1. Home Occupation Types
a. Type A. A Type A home occupation is one where a resident or residents of a
dwelling use the dwelling as a place of work, but no employees or customers
~ome to the site, Exampies include artists, craftspersons, writers, and '
consultants. Type A home occupations also provide an opportunity for a home
to be used as a business address but not as a place of work, No permit is
,I required for these uses, but they must comply with all of the other regulations
, i 'Stated herein. ,
I!J . -
b: Type B, A Type B home occupation Is one where a non-resident employee works
at the site or where customers frequent the site on a regular basis. Examples
I : I; include counseling, tutoring, and hair cutting and styling. A home occupation
;" permit is required for these uses.
I)'
I.e.
I
--y-" /'
,;
;
j
l
~ '3~1
~~"..':;r.
I~o
cs-v.\.- <::l Q - '-\ ~ 'i? \0
<?O' \Io\~ ~\\
2. Permit R~uired ;UF TyjJ@ Ii i:lOffi@ Oc:cupatio~ ,
I ,a.~ Prior to establishment of a Type B home occupation, a home occupation permit
must be obtained from the Department of Housing and Inspections Services
according to the procedures set forth in Article 14-SB, Administrative Approval
Procedures, A home occupation permit is required in order to ensure that the
appiicant is aware of the provisions governing home occupations and that the
City has all information necessary to evaluate whether the proposal initially
meets and continues to meet the provisions of this subsection.
3;' Location and Occupancy
a. The home occupation use must be located withina dwelling unit or within a
building that is accessory to a dwelling unit. . .., 7'
b. The dwelling unit must be the bona fide primary residence of the owner and
operator of the home occupation'cl..urin'g non-business hours, -, ' - , '
4. :' ~rohibited Uses.
In addition to the uses that would be excluded based on the conditions speCified in ,
\ tliis subsection, the foliowing uses are specifically prohibited as home occupations.
1 '1 .
I a. Adult Business Uses
, b
, ': ~
c.
Veterinary Ciinics and Kennels
COmmercial Recreational Uses
d.' Commercial Parking
, :i er, Eating and Drinkjng Establishments
f. Medical/Dental Offices, except for psychiatrists, psychologists, chiropractors,
, and physical therapists, "
g. Any type of repair or assembly of vehicles or equipment with internal
"r combustion engineS (such as automobiles, motorcyles, scooters, snowmobiles,
,; I" outboard marine engines, lawn mowers, chain saws and other small engines) or
f' , 'of large appiiances (such as washing machines, dryers, and refrigerators) or any
" i;' I other work' related to automobiles and their parts.
"h. Self-Service Storage
, , ',': (. Industri~1 Service
-
'\ "j. Any use which changes the fire safety rating of the occupancy separation
classification requirements of the structure,
S.:' Commercial Activity
,: ca. No commodities, may be sold onthe premises exce[lt for, those produced on the
. '. -. ' '''' r.... '-'preiiitses or ihos'EhissoclateCi With the hoiTuThccupation conducted' on the ,,'
I ,,"i premises,
'"
'ii. Type B home oCcupations are iimited to 10 clients or customers per day.
I 6. ,rrcaffic and Pa~ldng "
i ' ' a; The proposed use will not generate a greater volume or type of traffic than
. what is normaliy expected in the zone in which it is located; nor will it
nljCessitate parking in excess of what is normally expected in the zone in which
it,is located, Vehicles used for deiivery and pick-up are iimited to those normally
i: I ) servicing residential neighborhoods,
; Ii. No more than one truck associated with the home occupation may be parked at
the site. Only light trucks that are less than 7 feet in height are permitted,
Medium and heavy trucks are prohibited. A iight truck is a truck with a single
, i;' rear axle and a' single set of rear wheels. The home occupation use must comply
with regulations in Article 14-5A, parking and Loading Standards, regarding the
parking and storage of Special Vehicles and Commercial Vehicles and the
provisions of Title 9, Chapter 4 of the City Code, Parking Regulations,
7. ,Off-site Impacts.
'Except for a permitted sign, there must be no indication from the exterior of the
dwelling unit or accessory building, such as noise, odor, smoke, dust, excessive
- outdoor lighting, or outdoor storageof,materials, that there is a home occupation use ~
'---------- 'on the premises, No visitors or,deiiveries to the home occupation use are permitted '
" 'before.7:00 A.M. or after 10:00 P.M. '''- , I'
;..1
/
/
/61
a--w., as -(.'H <6(0
~o.\~~<>\ ~(l
b. In all zones, except I-I and I-2, rooftop mechanical equipment must be
'" i; concealed from public view by integrating equipment into the design of the
" ,f building, screening equipment behind building features, such as parapets, or by
setting the equipment back from the edge of the roof so that it is not visible
from ground level.
2. . . Setl?acks
a. , In Single Family Residential Zones. Mechanical structures must be set back at
least 2 feet from the side and rear lot lines. However, mechanical structures
"."'_ ~ .' .",_, '. '. . ;:., """'"_' . ' >- . . .. .' "'0.. "". . (...' ~'. _.', ,^,..,. .,C'-- . -;-" .
'01 2eil19qolq 'mily'..mliob~hitatl!dbetweefl1M pril}dpa~ dWelling and,the1street~ ,enil
U .(2'1i~b~M2aH'lltl\~P~0~~.Q'JJilil:fili'~c~~strLcID~&y~IBe6~gb'atR-arlU-~~2 ~t from
any lot line, Additional location standards may apply In certain zones or for
certain uses, "'" ~
'<',
,
(
8. Size - -...', " """ /'
" 'f,. for a home occupatiornotat~_within a principal dwelling unit, the floor area devotiid
to the home occupatiQn may not'exceed 25 percent of the total floor area of the
principal dwelling (The floo'r"area of an attached garage is not included in the "
":talculation of total floor area of the dwelling). This 25 percent limit applies regardless
, ,of whether the home occupation is.located within the principal dwelling unit.or within
an accessory building. For example, for a property where the principal'dwelllng
, )'~ntains 2,000 square feet of floor area, a home occupation would be Iimited'to 500
, '~quare feet regardless of whetl]er it was located within 'the dwelling or within an
Il~CCesSOry building.
'9. i : Nonresident employees, ,
, Nonresident employees ar~,prohibited, except as approved by the Building Official as
, a Minor Modification to the home occupation use, according to the approval criteria
and procedures for Minor Modifications as set forth in Article 14-4B.
10.; slgnage ,
Home occupations arEi'permitted one non-illuminated fascia sign, not to exceed one
If, square foot in size, '
I 1'.' I"
N. M~ha,nical Structures;
1. SCreening "
I, /'
M a.), All ground level mechanical and utility equipment, such as heat pumps, air
[' r condition~rs, emergency generators, and water:pumps, must be screened from
public view to at least the 52 standard (See Article 14-5F, Screening and
Buffering Standards). If it is not feasible to use landscape screening, the
mechan,ical equipment must be screened using wall or fencing materials
complementary to the principal structure. Single Family Uses are exempt from
" this standard.
, ,
1
'1
I
J
j
O. Off-Street Loading " ,
Off-street loading is permitted in the Muiti-Family, Commercial, Industrial, and Research
Zones according to the provisions of Article 14-5A, Parking and Loading Standards,
Off-Street Parking ,
Off-street parking must comply with the provisions of the base zone in which it is located
and the provisions of Article 14-5A, Parking and Loading Standards,
"-f.~. ~
P.
Q. Outdoor Dumpster Areas
1. Outdoor recycling, trash, solid waste and dumpster areas must be in compliance with
the applicable prOVisions of Article 16- 3H, Solid Waste.
2. Any such area must be screened from view of adjacent properties and from the
public right-of-way to the 53 or 55 standard (See Article l4-5F, Screening and
Buffering Standards),
R. Outdoor Lighting'
Outdoor lighting must comply with the provisions of the base zone in which it is located
and the provisions of Article 14-5G, Outdoor Lighting Standards.
T~
P,51
(
1C,:z.
__, ~,os- ~~~ ~~ __ '__ _ _3G-'_\~~ ~ 3n
s. Outdoor Storage and Display ,
Any use with permanent outdoor storage or outdoor display areas must comply with the
standards for the base zone in which the use is located, the relevant Performance
Standards as specified in Article 14-5H, and any additional standards required for the use
in Article 14-4B, Uses with temporary outdoor storage and display areas must comply with
the regulations in Article 14-4D, Temporary Uses,
T. Swimming Pools, Hot Tubs, and Tennis Courts
Swimming pools, hot tubs, and tennis courts intended for private use by persons that
reside on the property or their guests are permitted, provided the following conditions are
met:
1. Setbacks
a. In Residential Zones.
(1) The use must be set back a minimum of 10 feet from any side or ~ear lot
line,
(2) The use may not b!! located in-the front yard (See definition of FRONT
YARD in Article 14~9A) unless the use is set back at least 40 feet from the
front'property line, .
, _ .-',r-'
b. 'In Non-Residential Zones, the l!se must be set back a minimum of 10 feet from
any side, rear, or f~gnt property line, unless the property on which the use is
located isdirectly.abutting or across the street from a property zoned
Residential; In the case of such an adjacency, the use must comply with the
/: setback requirements for Residential Zones as stated in subparagraph a" above.
,..
2. Lighting Standards
Ughting for,such facilities must comply with the standards specified in Article 14-5G,
Outdoor Ughting Standards.
3. Fence Requirement
Swimming pools, with a depth of 18 inches or more and the edge of which is less
than 4 feet above grade, must be completely enclosed by a fence according to the
following specifications:
a. ,The fence must be at least 4 feet in height and must be constructed so that a
sphere,S inches in diameter, cannot pass through the fence.
b. A principal or accessory building may be used as part of the enclosure.
c. All gates and doors opening through the enclosure must be equipped with a
self-closing' and self-latching device for keeping the gate or door securely closed
at all ,times when not In use, except the door of any building which forms a part
of the enclosure need not be so equipped. '
d. The Building Official may permit other protective devices or structures to be
used so long as the degree of protection afforded by the substitute device or
structure is not less than the protection afforded by an enclosure built to the
specifications of this paragraph.
U. Roadside Stands for the Sale of Produce
RoadSide stands for the sale of produce grown on the premises are permitted in the ID
Zones and .the RR-l Zone, provided the following conditions are met:
,
1. The stand contains no more than 600 square feet of floor area;
~ "Ft2,'.., ",The,stand.isset,back at least ,10 feet from any,lot.lineand,at-least'20feetfrom'any -',
"",- street right-of-way; and
3. Access to the stand is from an entrance to the farm or residence, Additional street
access will not be granted for such a use,
V. Signs
Signs are allowed according to the regulations in Article 14-5B, 'Sign Regulations.
W. Storage Buildings and Warehouse Facilities
1. In Residential Zones, storage buildings are allowed as specified below:
a. Storage buildings are permitted for the storage of personal vehicles, wood,
lumber, gardening equipment and other materials and equipment used
exclusively by residents of the premises or by persons affiliated with a permitted
use.
(0
_~, ~, as',-~ l ~,~ '._, ~>.... \1o~\tI0\'1
b. On properties where the principal use is Household Lil(ing, storage buildings for \) ~
commercial purposes are prohibited.
2. In Commercial, Industrial, and Research Zones, accessory storage and warehouse
facilities are permitted, provided the'floor area devoted to such a use does not
exceed 40' percent of the total' floor area of the buildings on the property. If storage
and warehousing exceeds this floor area limit it is considered a principal use and is
subject to the base zone regulations and any relevant approval criteria in Chapter 4,
Article B of this Title,
'~
'3, Accessory storage buildings and warehouse facilities must meet the development
,standards for accessory buildings as specified in Section 14-4C-3, ,,_
X. structures for the Shelter of Household Pets" HorSes and PonieS'
1. Structures.fo~ the sh~Jter of house.~old pets are pesmitted, provided the conditions in
the following subparagraphs are me,t. Kennels, as defined in this Title, are regulated
as a principal use, Intensive Animal, Related Commercial, and are subject to the base
\ '. I _," ~1'
,~on,e regulations'and the-relevant approval criteria in Article 14-4B,
a. Dog runs/bUilt solely for the purpose of exercising and feeding of dogs, must be
! set back at least 20 feet from any front or street-side lot line, at least 10 feet
from any side lot line, at least 10 feet from the rear lot line.
b., Dog runs must be completely enclosed by a fence of sufficient height and
construction to contain the dog at all times.
c. A principal or accessory building may be used as part of the enclosure.
d. All gates and doors opening through the enclosure must be equipped with a
self-closing and self-latching device for keeping the gate or door securely closed
at all times when not in use, except the door of any building which forms a part
of the enclosure need not be so equipped, '
,e. The Building Official may permit other protective devices or structures to be
used so long as the degree of protection afforded by the substitute device or
structure is not less than the protection afforded by an enclosure built to the
specifications of this paragraph.
2, Structures for the shelter of horses and ponies are permitted in the ID Zones and the
RR-l Zone, but not in other zones. A minimum lot area of 2 acres is required for the
first horse or pony'plus one acre for each additional horse or pony. Commercial '
stables are regulated as a principal use, Intensive Animal-Related Commercial, and
are subject to the base zone regulations and the relevant approval criteria in Article
14-4B.
14-4C-3 Develo ment Standards
The following development standards heip to ensure that accessory structures and buildings
remain secondary to the princjpal uses and buildings on a site. The standards provide for
necessary access around structures, help maintain privacy to abutting lots, and maintain open
front setback areas. In addition to any requirements in the base zone and any specific approval
\.rllE:~ la.III'~Lt:~~~{11' to vr 'lruS'''\f..,tl~'_a~~~.,X.~~~~~~~ ~r~ ~lJ.9Jel.110 ln~ 1ollowlr,g
reqUlremen.ts: ' ' "
A. Time of Construction '
Accessory structures may not be constructed prior to the start of construction of the
principal building on a site, except that temporary construction trailers milY be placed on a
. site at the time site clearance and grading begins and may remain on the site only for the
, duration of construction.
B. Setbacks
1. Accessory Structures, Other Than Buildings ,
Allowed accessory structures, other than buildings, may be located anywhere on a lot
provided the structure complies with any specific setback standards listed in Section 2
of this Article and provided that on corner lots, such a structure is located in
compliance with the provisions of Article 14-5D, Intersection Visibility Standards.
2. Detached Accessory Buildings
a. Corner lot setback requirements
On corner lots, detached accessory buildings must be located in compliance with
the provisions of Article 14-5D, Intersection Visibility Standards.
;:"'~""'"~
/(;1
~,OS.-'--I.~~~
b. Front setback requirements
- - -- ---- . "-
\?o,\\o~~ 3~\
(1) Except for roadside stands, detached accessory buildings must comply with
the principal building, front setback requirements of the base zone in which
the building is located, Roadside stands, when allowed, are exempt from
this requirement. In addition, garages and carports must comply with sub-
subparagraphs (2) and (3), below.
(2) Garages and carports must be located pursuant to the site development
standards of the applicable base zone.
(3) For Single Family and Two Family Uses, a garage or carport must be set
back at least 25 feet from any street-side lot line that the garage or carport
entrance faces. .'
c. Side and rear setback' requirements, /~/ ,
, (1) In Residential Zones /
(a) Along street-side lot lines, accessory buildings must comply with the
front, principal building setback requirement. Along side or rear lot
lines tMat"iulfnot.street,side lot lines, accessory buildings must be set
back at least 5 feet fromthe"'side or'rear.Jot line. This 5-foot setback
requirement may be reduced if an accessciry building is set back at
least 60 feet from the edge of the street pavement. In such 'cases,
the building may, be located within 3 feet of a side or rear property
line, except garages and carports'entered directly from an alley.--,
, Garages and carports entered directiy from an alley must be set back
at "east 5' feet from the alley right-of-way line, regardless of how far
back the"'structure is from the street.
'.
(b) A detached accessory building for a zero lot line dwelling must comply
with the same side setback requiremel}tsas the:principal,dwelling.
, "~~" ~,,'-'
(2) In Non-Residential Zones >'" '''<':'~''
Along street-side lot lines; accessory build,~gs must comply with the front;
principal building setback requirement. Along side or rear lot lines that are
not street-side' lot lines, detached accessory buildings do not have a
required side or rear setback, unless the detacred building is a parking
garage that is accessed from an alley, In such a case, the,garage must be
set ba~k at least 5 feet from the alley right-of-way line, '
Attached Accessory Buildings, ,,__ ,
a. An attached accessory building must comply with the setback requirements
applicable to the principal building to 'which it is attached. In addition, attached
garages and carports must comply with subparagraphs b. and c" below.
I ,
b. Attached garages and carports must,be located pursuant to the site
deveiopment standards of the'base zone. '
c. For Single Family and Two Family Uses, a garage or carport must be set back at
least 25 feet from any street-side lot line that the garage or carport entrance
faces,
....- ......
. ,
, ,
",
;,"",,,
3.
'"
4. I Adjustments to Set~ck Requirements
a. A Minor Modification to reduce setback requirements for an accessory use,
building, or structure may be requested according to the approval criteria and
procedures for Minor Modifications contained in Article 14-4B.
b. A Special Exception may be'requested to reduce setback requirements for an
accessory use, building; or structure beyond what is allowed by Minor
Modification. The Board of Adjustment may adjust setback requirements if the
, owner or lawful occupant of a property demonstrates that the general special,'",_
exception approval criteria and the follol'{ing specific approval criteria have been
satisfied: ',,'
I
",
(1)
(2)
(3)
The situation is peculiar to the property in question;
There is'practical difficulty in complying with the';~ck requirements;
/
Granting the exception will not be contrary to" the purpose of the setback
regulations; and //
;,s-
"~- ~c.s- - ,-\, ~io /, ,____- C?CySlJo~ '3\l
(4) Any potential negative effects re~urting from the setback !!xception are
, mitigated to the'extent practical:
-, " .
(5) The accessorY use" building or structure will be located no doserthan :3
feet toa side or rear- property line, unless the side or rear property line
abuts a public right of way or ~ermanent open space.
C. Building ~paration and Lot Coverage '"
a. In Resicjentiai Zones, the combined footprint ofilll detached accessory buildings
may not exc~~o 15"percent of the totallotarea. The area of any outdoor special
, vehicle storage area must also be included as a"part of this 15 percent lot
coverage Iimitation:-' ", "', "" ,',.', '> __
-. ' .
b. 'No portion of a detached accessory 'building may be located closer than 3 feet to
the principal building, ""<_-' ." ,- -
~ ~ I.
... . I.
c. There must be at least 3 feet between all unattached accessorY buildings,
- '.~ . - - '..: \
'D. Height '''''-':-:::,",
a. In Residential Zones, one story accessory buildings and structures, except for.,..,.,
those specifically exempted, may not exceed a height of 15 feet. One and one-
half story and two-story accessory buildings may not exceed a height of 20 feet.
\
b. In Nonresidential Zones, accessory buildings and structures, except for those
specifically exempted, may not exceed the maximum height standard of the
base zone in which the structure is located.
o
c. Structures and building features that are exempt from the maximum height
standards of the base zone are also exempt from the applicable height
standards listed in subparagraphs a and b, above.
d. Adjustment of Height Standards. A Minor Modification may be r~uested
adjusting the maximum height for an accessory building according to the
procedures and approval criteria for Minor Modifications contained in Article 14-
48. I
Article D. TemporarY Uses
/
14-40-1 Pur ose
..:--~
The purpose of the Temporary Use regulations is to allow short-ter,m and minor deviations from
the requirements of this Title for uses which are truly temporary in, nature, will not adversely
impact the surrounding area and land u;;es, and which can b!!tenminated and removed '
immediately, Temporary activities'a(e'.chara~riZ~(Lby,thei(short~rm or seasonal nature and
by the fact that permanent improvements a~e.ri6t made tothe site, Tempo(~ry uses have no
inherent rights within the zone in which they locate.
"
14-40-2 Tern ora Uses Allowed
The following't$1ppra,y principal,and accessory uses are allowed, subject to approval by the
Building Offi,cial through the temporary use permit process described in this Article and any
conditions specifie(j herein: .. ,/,-,_ '.,
, ,
'A. Outdoor display and sales of merchanaisewithin commercial districts, including
- merchandise customarily'sold on the premises by a'penmanently established business;
D~ :fun~ arJU 0If-SlU= C.OlltldllOrSCdlbtllJtuon yaras'Ui't;O.lJ"'OC.OOI,twltit- an approve<fb>';'
,-~-
development project; "--;~'~
c. Constriiction activities pursuant to a valid building permit that temporarily violate the
Performan.ce Standards contained, in Article 14-5H of this Title;
D. Temporary auto !!<lIes lots;
E. Christmas tree sales' lots;;however, a penmit is not required when such sales are in II
conjunction with an established commercial business" provided such activity occurs only
from November 1 through December 31; , ," .
F. Circuses, rodeOs and carnivais; "I, _:' ' -:
G. Fairs, festivals and concerts, when not held within premises designed to accommodate
these types of events, such as auditoriums, stadiumS, or ,other publiC assembly facilities;
~
Ibt
\?~, \\,~ ~ 0ll
-~'
. \ i
~,as -~\~~
-...,.~ " -- -. -~ "-'-~---r --- -~ ~.-
H. Temporary parking areas in conjunction with a penmitted use; ~ il
I. Halloween haunted houses for 15 to 45 days, o~e event pef year; c J
J. ' Real Estate Sales Centers and model homes,JProvided the center or use Of a home, as a, ' 'i,
',model is discontinued when the number of awelling units remaining to be:sold is leSs~ttian ' :
10 percent of the total number of dwelling,units approved for t~e developm~nt O!;~ u,nits, ,I'
whichever is less. Employees at the approved real estate center,are Iimitedito the , '
minimum number necessary to show and'sell the dwelling units within the Same, i
development. The hours of operation are limited to the hours between 8:00,A.M. and
9:00 P,M. ; \!"
~ Other temporary uses which, in the, determination of the Building Official, are'corilPatible
with the zone and surrounding land uses. '
14-40-3 Permit Re uired
A temporary use permit is required for allt~mporary uses listed in subsectidr B, aboJ~, unless
specifically exempted, Procedures for obtaining a permit are contained in Article 14-88 'of this
Title, Administrative Approval Procedures"
,
\,
"
14-40-4 A roval Criteria
, '
A temporary use permit will be approv€d, approved with conditions, or denied by the BiJildi~g
Official within 10 business days after submittal of a complete application. A temPorary use must
meet the following approval criteria:' ' : "
, /, '
A. The proposep use is temporary or seasonal in nature and will not continue,f~r,morelflr.n,
,the,tlme period specified in the application. Except for temporary uses specifically , ~' ,
approved for long!!r peri'ods, such as model homes or real estate sales offices,temporary
'use;,must notrontinue for more than 180 days for outdoor temporary uses o,r,~1 yeai:'for
tem~rarv uses within a building; ~~ ~
B. The proposed temporary use will not necessitate permanent improvements to the ,site;
c. The site !sphysically suitable for the type and intensity of the proposed use;' '\ I
_D.;:',.J)1e,propOsed temporary use Is compatible with the land uses,presently on the siteiand
- with existing land u~es,in the general area;, , .. !
E. There is adequate provision for public an'd private utilities and services to ensure that the
proposed temporary u~'will not be detrimental to public health and safety;
F. , There is adequate provision for public and emergency access'to serve the proposed
temporary use; and
G. Any impacts of the proposed temporary use are mitigated.
14-40-5 Conditions of A roval
In approving an application for a temporary use penmit, the Building Official may impose
conditions deemed reasonable and necessary to ensure that the Penmit will be in accordance
with the approval criteria required by this Article and to satisfy public needs directiy caused by ,I
the proposed temporary use., These conditions may involve any pertinent factors alfecting the '
operation of such temporary event or use, and may include, but are not limited to:,
A;." Provision for a fixed period of time, not to exceed 180 calendar days for a temporary use
'not occupying a structure, including promotional activities, or one year for all other uses or'C
structures, or for a shorter period of time as determined by the Building Offidal; ,
, . .~
B. Provision for temporary parking facilities, including vehicular ingress and egreSs and
appropriate circulation, Parking required for temporary and principal commercial uses may
be reduced up to 10 percent if sufficient evidence is presented that parking will be
adequate to meet the demand for the proposed temporary use and any penmanent uses
on the,site; _
C. Regulation of nuisance factors such as, but not limited to, prevention of glare,light
trespass, noise, vibration, smoke, dust, dirt, odors, gases, or heat that create a nuisance
or safety hazard for neighboring properties;
D.~; Regulation of temporary structures and facilitles; indudingPlaceme~t;, helght;a:ry9;~~r:i?'i
location of equipment and open spaces, including buffer areas and other yards;, , , .
.. '., ,., t._...J 'f'
E. Provision for sanitary and medical faalities;
"
,
,
(
-..,.,
,<~ j
'J")::~. .
It7
: :,-~qi:'~"'~'~' ~ (.1
F. Provision for solid, hazardous and toxic waste collemon and disposal;
"
G. Provision for security and safety 'measures;
H. Provision for regulation of signs;
I. Regulation of operating hours and days, including limitation of the duration of the,
temporary use;
Submission of a performance bond o'r other surety device to ensure that ,any temporary
facilities or structures used will be removed from the site within. a reasonable time
following the event and that the property will be restored to its former condition; " "
K. A requirement that the approval of the requested temporary use permit is contingent upon
compliance with appliCC!ble pro~i~i~n,s ofiiie Federal,' State and Oty Code; and
Any other conditions which will en'sure the operation of the proposed temporary Use in an
orderly and efficient ~anner and in accordance with the intent and purpose of this Article.
~,Cl.S -~\ 8'<0
.,
J.
L.
,,;-...!..-
"
,
,
Articl~ 'E~' 'Nonconforming ,Situations
1 . ~.
,r ~.
';/
. ,
.'
,
14-4E-l Pur ose
The purpose of this Article is to regulate nonconforming situations. Nonconforming situations
are created when the zoning designation is changed or the zoning regulations are changed such
that an existing lawfully established use, structure, lot, or development no longer complies with
tbe zoning regulations. The intent of these regulations is not to force all nonconforming
situations to be immediately brought into conformance. Rather, the intent is to guide future
uses anddeyelopment in a direction consistent with Oty policy ;jto protect the character of an
area by reducing the potential negative impacts from nonconforming situations, and, over time,
, , '
to bring development into compliance with the City's regulations.. ' ,
, ' ,
, ,
... .- , ...
14-4E-2 T es of Nonconformin Situations
A.
"
......... .'
Nonconforming Use , .;, -,
A nonconforming'use isa use that when estiiolished was a permitted use, was allowed as
,a provisional use, or was'approved asa special exception, but Which subsequently, due to
a,change in the zone or to the requirements of the Zoning Code,'is no 10nger.,aUowed,
"This definition includes residential uses that exceed the allowable'residential density of a
zone (mInimum lot area per unit requirements) and uses that ex~ the maxi~um floor
area ratio or maximum floor area standards specified for a particular' use or zone.
~~ . . . :'
B.
Nonconforming Structure ',1, ,
A nonconforming structure is a structure or portion of a structure that was establish~ In
conformance with the setback, building height, building width, lot coverage standards, or
other requirements or standards of the Zoning Code that relate to the design of the,
building or structure, but which subsequently, due to a change in the zone or tlfthel
requirements of the Zoning Code, is no longer in conformance with on~,or (l)ore of these
standards.
..... 'I'
" ",' r
Nonconforming Development , ".
Nonconforming development is an element of a development, such as a parkirg area, a
loading area, outdoor lighting, landscaping, screening, or signage that was e~blished in
conformance with the Zoning Code, but which subsequently, due to a dJange,ih the zone
or to the requirements of the Zoning Code, is no longer in conformanc~ with .ti!e current
applicable standards. " ,0
. 'I'
D. Nonconforming Lot ,
A nonconforming lot is a lot of record that was established in conformance wi/h the
minimum lot area, width, and frontage requirement of the Zoning Code, but which '
S,Jbsequently, due t9' a change in the zone or the requirements of the Zoning Code, is no
100;ger'in conformarlce with one or more of these requirements.
c.
E.
Nonconforming Residential Occupancy
Nonconforming occupancy is the occupancy of a residential use that was established in
COnformance with~the occupancy standards of the City Code, but which subsequently, due
tO'a ctiange in the zone, a change In the definition of "household," or any other change in
the Occupancy Standards of the City Code, is no longer in conformance with the current,
applicable residential occupancy standards,
,
~
.
"
,
t
']
.
I(,~
C?O' \\0,\ ~ "3\1
~,us -L",~\o
14-4E-3 General Provisions and Restrictions
~'. . '"
A. Continuatio~ of Nonconforming Situations
Legal NonCon~orming Situations are allowed to continue in accordance with the provisions
of ~is Artidf'
B. Continuance of Unlawful Uses
NotNng in this Article shall be interpreted as authorization for the continuance of the use
of a stfuct~re or land established unlawfully in violation of the regulations in effect at the
time that the use or structure was established,
C., Det.irin/nation of Nonconforming status
The burden of establishing that a nonconforming situation is a legal nonconforming
Situation rests solely upon the owner of such nonconformity.
, " -of
D. Repairs and Maintenance
Incidental repairs and routine maintenance of a nonconforming use or nonconforming
\ \#~r~ is permitted unless such repairs increase the extent of nonconformity or are
, " ~eWiseexpressly prohibited by provisions of this Title, Nothing in this Article shall be
, , C9n~l')Jed to prevent ~ructures from being structurally strengthened or restored to a safe
, cOndition in accordance with an official order of a public official.
14-4E-4 Nonconformin Sin le-Famil Uses
:)
-"'..1 -, :" ,
A. Except with regard to the occupancy, any single-family use, structure for a single-family
Jse;' including any accessory structures, and any lot on which a single-family use is
located, that was established lawfully prior to the establishment of the currently applicable
development regulations and, due to a change in the regulations, is no longer in
conformance with the provisions of this Title, will generally be treated as conforming for as
,
long as the dwelling is used for a single-family use. Accordingly, the following rights are
::granted under this Article:
1. A nonconfonming single family use may be re-established and its structure
h" IeconstructEid if the structure for the nonconforming single family use is destroyed or
damaged by fire, explosion, act of God or by a public enemy.
2.' ; A nonconforming single family use may also be expanded, repaired and structurally
altered, provided such expansion or alteration does not increase or extend any other
nonconforming situation on the property. However, if a nonconforming Single Family
Use is changed in order to increase the occupancy beyond that of a family or group
;' '~, ;;'1 ,'I, I]ousehold, the property must be brought into full compliance with the number of
, i' I; I"~ ~eqJir'ed off-street pa'rking spaces. ,
,~, ::' :~ noncon,forming ~cture that contains a single family use may be restl>fed to the
': " 'saine degree of nonconformity or less if destroyed or damaged by fire, explosion, act
,: , I' "bf God or by a putflic enemy, Such a structure may also be repaired or structurally
, "altered; provided such construction does not increase or extend the degree of
,
nonconfonmity and does not increase or extend any other nonconforming situation on
':) ." I,the property. .
, .
" "4: I'A nonconforming aci:essory structure to a single family use may be restored to'the
"same degree of nonconformity or less if destroyed or damaged by fire, explosion, act
'I, of God or bY,a public enemy. Such a structure may also be repaired and structurally
,'(;, ;':, altered, prov,ided such construction does not increase or extend the degree of
'A, nonconformity and does not increase or extend any other nonconforming situation on
. ' ,
" ~ 1'1, the prope'o/'
5, A nonconforming lot that contains a single family use is granted the same rights as
~r listed in paragraphs 1. through 3., above, and will be treated as if the lot were
/ !"'l,ai conforming. ,
//
". '.
?"
Ib{
.",--
\f-',
<"
"
~J
~ . os -4 \ ~\o
C? G' \It ~ :)\,
14-4E-5 Re ulation of Nonconformin Uses
Except as otherwISe provided in this Article, nonconforming uses shall be regulated as follows.
A. Enlargement or Alteration
1. A nonconforming use shall not be enlarged.
2. A structure that contains or is accessory to a nonconforming use shall not be
constructed or altered in such a way as to enlarge the nonconforming use,
3.Y Ordinary repair, maintenance, and remodeling are allowed as long as the
nonConforming use is not enlarged. For purposes of this provision, changes made to
1~':r provi,de safe access to a building for persons with disabilities is not con~idered an
n,.en'~1gernent.
B. clJnge of Use
'"
, 1.~! A'nbnconforming use may be converted only to another use in the same use category
'I and subgroup or to a conforming use, except as provided in paragraph 2, below.
"2.<1 in~Board of Adjustment may grant a special exception to allow a nonconforming
I' 'i' (use, which is located in a structure not designed for a use allowed in the zone, to be
J :converted to a nonconforming use in a different use category or subgroup that is the '
same or lesser in intensity than the existing use, provided the following conditions
are met:
- ' 'iI. The proposed use will be located in a structure that was designed for a use that
is currently not allowed in the zone, for example a storefront commerciai
:;1, ' I FH-~" building located in a siflgle fa~i1y residential zone.
I: 1;, :b. The proposed use is of the same or lesser level of intensity and impact than the
';" ~!': I", 'existing uSe. The Boardof,Adjustment will make a determination regarding the
, relative intensitYof the propoSe\! u~ by weighing evidence presented by the
applicant with regard to such' factqr's as anticipated traffic generation,parking
demand, hours of operation; residential occupancy, noise, dust, and customer
and/or resident activity, The Board of Adjustment may also consider qualitative
factors such as whether a proposed use will serve an identified need intt1e' '
surrounding neighborhood, '
" .. n ,c. ,The proposed use is suitable for the subject structure and site, '
'" I ; d. Th'e structure will riot!be structurally altered or enlarged in'~uch a way as to'
enlarge the nonconforming use. Ordinary repair and maintenance and
.., ,-l; , installation or relocation of walls, partitions, fixtures, wiring, and plumbing is
allowed, as long as the use is not enlarged; /
--
......-
~ j :~, I l'~.
~,
,1.1',
\. :U
.. J ']+
ji" '
31' \ Once a nonconforming use is converted to a conforming use, it may not be converted
" ( <,! back to a nonconfOrming use.
r ~ 1 J.\ :J j<1
4. ",Once a nonconforming use is converted to a less intensive nonconforming use in
'~accordance with paragraph 2, above, it may not be converted back to the prior
nonconforming use. '
i- ')A use is deel)le'd "converted" when an existing nonconforming use is terminated and
~ a new use cOn\mences and continues for a period of seven consecutive days.
,'r., I
C. Occupancy of a'Nonconforming Use
1." The occupancy of a nonconforming Household Living Use is limited to one Household
or one Group Household, as these terrl}s are defined in the zone in which the use is
located, If located within a zone for which a definition of Household has not been
"" , ~blish.ed, the occupancy is limited to one Household or one Group Household, as
';', ' ,: these 'terms are defined for the RS Zones. However, if nonconforming rights have "
..;~ ,,~ee~,established with regard to occupancy according to the provisions of Section 9 of
'",:' ,'this f"ticle, the maximum occupancy shall be the number of persons as determined
according to the provisions of Section 14-4E-9.
2.' The occupancy of a nonconforming Group Living Use is limited to the maximum
density and maximum occupancy as allowed in the RM-20 Zone or as documented as
,': :I~ally nonconforming occupancy according to the provisions of 14-4E-9,
. . ...J
/70
,
......~~ E.
~
~. os -Ll,;,\'iS\o
8~ \,\ ~ '3\1
D. Accessory Uses
1: A nonconforming use is permitted to have the same amount and type of signage as
would be allowed for such a use in the most restrictive zone in which the use is
allowed, '
F.
2. No use, including parking and sigO,age, that is accessory to a principal nonconforming
use shall continue after the principal use has ceased or been terminated unless the
accessory use thereafter conforms to all provisions of this Title.
Damage or Destruction
1. Any structure for a nonconforming use which has been destroyed or damaged by fire,
explosion, act of God or by a public enemy to the extent'of less than 75 percent of
the replacement value of the structure at the time of damage or destruction, may be
restored for the same nonconforming use as existed before such damage. However,
the nonconforming use must not be enlarged to more than what existed before such
damage occurred, Any such restoration must be completed within 2 yeal'!i of the date
the structure was destroyed or damaged; otherwise the property must revert to a
conforming use,
2. A lot or portion of a lot on which is located a structure for a nonconforming use that
has been destroyed or damaged by fire, explosion, act of God or by a public enemy
to the extent of 75 percent or more of the replacement value of the structure at the
time of damage or destruction, must revert to a conforming use,
3. For purposes of this subsection, the extent of the damage will be determined by the
Building Official based on credible evidence provided by the property owner.
Discontinuance of Nonconforming Use
Except as allowed in subsection E, above, a nonconforming use that is discontinued for a
period of one year must revert to a conformiog use or, in qualifying situations, may apply
for a special exception according to the provisions of subsection B, above,
14-4E-6 Re ulation of Nonconformin Structures
A. Enlargement or Alteration
1. A nonconforming structure may be structurally altered or enlarged, provided it is
structurally altered or enlarged in a way that will not increase or extend its '
nonconformity,
2. Any nonconforming structure that is relocated on the same lot must thereafter
conform to the applicable setback, building height, building width, and lot coverage
standards.
B. Change of Use
1. Any nonconforming structure containing a conforming use may be converted to
another conforming use, provided the conversion does not result in an increase in the
degree of nonconformity of the structure, '
2, Any nonconforming structure containing a nonconforming use may only be converted
to another use in accordance with the provisions of Section 5 of this Article,
Regulation of Nonconforming Uses, and provided the conversion does not result in an
, increase in the degree of nonconformity ofthe,striJCt:Ure, , '
C. Damage or Destruction __r
----
1. Any nonconforming structure that has been destroyed or damaged by fire, explosion,
act of God or_bra public enemy to the extent of less than 75 percent of the
,". '---<r'eplaoement value of the structure at the time of damage or destruction, may be
",' [~red to the same degree of nonconformity or less. Any such restoration must be
,>-<compieted within 2 years of the date the structure was destroyed or damaged;
, / otherwise the structure may not be restored, except in compliance with the
,. provisions of this Title,
hi
~ ,os_~ ~\_~.~,__'" .~,_~~~\'}A~, 3\1
Except for designated Historic Landmarks or key or contributing structures in a
Historic Preservation Overlay Zone, a nonconforming structure that has been
destroyed or damaged by fire, explosion, act of God or by a public enemy to the
exten!,of 75 percent or more of the 'replacement value of the structure at the time of
damage or destruction, may not be restored except in compliance with the provisions
of this Title,
3, A nonconforming structure that is a designated Historic Landmark or a key or
contributing structure in a Historic Preservation or Conservation District Overlay Zone
may be reconstructed upon its original foundation or the site of the original
foundation regardless of the extent of the damages, provided it is reconstructed as
nearly as possible to the original exterior design. A certificate of appropriateness from ,
the Historic Preservation Commission is required prior to commencing reconstruction,
4, For purposes of this subsection, the extent of the damage will be determined by the
.... '''''';' " ~.!!ulldJpg...9f!i.cLal,bas~ oncre.Q!ble_.evid~ngl,provided by the,property,owne[.~ ~ ~._"~
,.~
-2."
14-4E-7 Re ulation of Nonconformin Lots
A. Any conforming use or structure for a conforming use may be established or installed on a
lot of reCord that is nonconforming with regard to lot frontage or lot width, provided the
minimum iot area required for the use is met and provided the use or structure meets all
other requirements of this Title,
B. Any use or structure for a use, either one of which requires more lot area than presently
exists, is prohibited; except, as provided in paragraph C, below.
C. In any zone in which Single Family Uses are permitted, a Single Family Use and accessory
structures may be established on any lot of record, notwithstanding failure to meet the
minimum lot area requirement of the zone in which the lot is located,
'D. All existing conforming and nonconforming uses and structures located on a
nonconforming lot will be treated as if such uses and structures were established on a
conforming lot. However, no use or structure for a use, either one of which requires more
lot area than presently exists and the structure of which has been destroyed or damaged
by fire, explosion, act of God or by a public enemy to the extent of 75 percent or, more of
the assessed value of the structure, shall be restored, except in compliance with the
provisions of this Title. , .. '
"
E. If two or more abutting lots (or portions thereof), one orm6re 'of which are
nonconforming, become in single ownership, theJand'jnvolved shall be deemed a single
parcel for the purposes of this Article, and no portion of said parcel shall be sold or used in
a manner which diminishes compliance with lot frontage, width and area requirements,
except as allowed in subsectio~ F; below, by special exception,
F. In cases .where two ~e'~butting lots of record have become in single ownership and
are deemed a single parcel as set forth in subsection E of this Section, the Board of
Adjustment may grant a special exception to re-establish a lot of record previously
combined, with an adjacent lot in order to allow a single-family dwelling and accessory
buildings to be installed on said lot, notwithstanding a failure to meet the requirements of
, ,the zone for lot area or lot width, provided the following conditions are met:
.. .1.' ' Granting of the requested exception results in appropriate, compatible development
with surrounding residential development;
, '
2. .. The dwelling must be I?cated on a lot of record that is at least 40 feet in width; and
3. The request meets all other standards and requirements of this Title, including
setback and frontage requirements.
14-4E-8 Re ulation of Nonconformin Develo ment
A. General Provisions
1. Except as otherwise prohibited or allowed in this Article, a use or structure located on
a lot that contains nonconforming development may be enlarged or structurally
altered, provided such enlargement or alteration does not increase or extend the
,/ nonconformity,
2, Upon conversion to a new use, any lot that contains nonconforming development
must be brought into compliance with the base zone and site development standards,
except as otherwise allowed in this litie.
h~
~. C)s~u..\~\o
era' \\3~ 3 (1
B.
Nonconforming Parking and Loading
1. If a non-residential use, which is nonconforming with regard to the required number
of parking, stacking, or loading spaces, is modified, expanded or enlarged such that
there is an increase in the number of required spaces over the existing situation, only
the number of spaces relating to the enlargement need to be provided.
2, If a residential use, which is nonconforming with regard to the required number of
parking, stacking, or loading spaces, is changed in any way such that there is an
increase in the number of required spaces over the existing situation, the property
must be brought into full compliance with the number of spaces required.
3, Any portion of a nonconforming parking area or loading area that is reconstructed or
expanded, must be brought into compliance with 'all applicable construction, design,
location, and screening and landscaping requirements.
4. Whenever a use, which is nonconforming with regard to the provisions of Chapter 5,
Article A, Parking and Loading Standards, is enlarged by less than 50 percent in floor
area, the property must be brought into compliance with the development standards
listed below, '
a. Applicabie perimeter parking lot landscaping and screening requirements;
b. Any new parking area must meet all applicable construction, design, location,
and landscaping requirements,
5, Whenever a use is enlarged by one or more additions, the sum total of which
increases the floor area by 50 percent or more, the property must be brought into full
compliance with the provisions of Article 14-5A, Parking and Loading Standards,
except as allowed in paragraph 1, above, and any applicable parking location and '
perimeter landscaping and screening requirements of the base zone,
6, A use that is nonconforming with regard to the required number of parking, stacking,
or loading spaces may be converted to a use in another use category or subgroup
without full complia~ce with the number of parking, stacking, or loading spaces,
according to the following rules:
a. If the number'of required spaces for the converted use is more than what was
required for the established use, only the number of spaces beyond what was
required for the established use need to be provided, These spaces are in
addition to any spaces already in existence on the site,
b. In addition to any additional spaces required in subparagraph a., as many
spaces as the. lot will accommodate must be provided, up to the number needed
to fully comply with the standard,
,C. Nonconforming Signs
," It is'the intent of these provisions that nonconforming signs be eliminated over time as set
forth below:
,
, ' 1., All lawfully established signs that become nonconforming due to a change in zoning
or a change in the development regulations are permitted to remain as
nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a manner
as to avoid it becoming a hazardous sign,
3. Other than for routine maintena~ce, if a nonconforming sign is changed or altered in
any way it must be brought into compliance with the provisions of Article 14-5B, Sign
Regulations. However, nonconforming signs that are deemed historic, signs for a
historic structure and signs on structures in a Historic Preservation Overlay Zone may
,qualify for a special exception as described in paragraph 4, below.
4, _The Board of Adjustment may grant a speciai exception to allow changes to a
, nonconforming sign, provided 'the followin~ conditions are met:
~"",a. The sign must be located on a propertY designated as an Historic Landmark, a
property registered on the National Register of Historic ~I~ces, or on a property , i
listed as a key or contributing property in an Historic PreserVation'or,Historic
Conservation Overlay Zone,
L_~
/rJ
~ GS'",:-4l'l\O " _,,_~~.\\,~ '\ '3l,
b. The sign must fall into one of the following categories:
(1) The sign is in keeping with the architectural character of an historic
structure and is appropriate to a particular period in the structure's history;
or
(2) The sign is an integral part of a property's historic identity; or
(3) The sign makes a significant artistic or historic contribution to the
community or neighborhood in which the sign is located.
c. At the time of application for the special exception, changes to the subject sign
must be approved by the Historic Preservation Commission through a certificate
of appropriateness, If the Board of Adjustment grants a special exception for the
sign, any subsequent changes to the sign do not have to be approved by the
Board of Adjustment, but do require a certificate of appropriateness from the
Historic Preservation Commission.
'd. If the sign is not maintained according to the provisions of Article 14-5B, Sign
Regulations, and becomes hazardous, the City may request that the Board of
Adjustment revoke the special exception,
D. Nonconforming Landscaping/Screening
Whenever a use is enlarged by one or more additions, the sum total of which increases
the floor area by 10 percent or more, the property must be brought into full compliance
with any applicable screening and landscaping requirements ,t;Jf the base zone and of
Article 14-4B, Minor Modifications, Variances, Special Exceptions and Provisional.,In
addition, such a property must be brought into full compliance with Street Tree and
Residential Tree requirements contained in Article 14-SE, Landscaping and Tree Standards.
Rules governing the provision of trees and landscaping for nonconfonming parking and
loading areas are stated in subsection B, above, Nonconforming Parking and Loading, The
City may waive any landscaping or screening requirement that cannot be met due to a
conflict with any other requirement of this Title. Conflicts with non-required elements of a
development do not qualify for this waiver.
E. Nonconfof!11ing Outdoor Lighting
. 1. Any existing light fixture that is nonconforming with regard to how the fixture is
aimed must be brought immediately into compliance if it is pOSSible to re,aim the
existing fixture,
2. Upon,repair; replacement, or relocation of any luminaire, such luminaire must comply
with any applicable requirement that it be fully shielded,
". I
3. Whenever a use, which is nonconforming with regard to the provisions of Article 14-
5G, Outdoor Ughting Standards, is eniargedby less than 50 percent in floor area, any
new outdoor lighting installed due to. the enlargement must fully comply with the
'-'JL_' Outdoor Lighting Standards, 'Existing' nonconforming.lighting may remain, except as
specified in paragraphs 1. and 2" above.
4, Whenever a use is enlarged by one or more additions, the sum total of which .
, ".,
increases the floor area by 50 percent or more, the'property must be brought into full
compliance with the provisions of Article 14-5G, Outdoor'Lighting Standards,
'"
14-4E-9 Re ulation of Nonconformin Residential Occu anc
A. The maximum occupancy of a Residential Use is determined by the Building Official
according to the definitions and regulations contained in Title 14: Zoning, and the
regulations contained in Title 17: Building and Housing, Nonconforming rights are only
, granted to those uses for which the residential occupancy has been officially determined
by the Building Official and has been recorded on the most recent rental permit, except as
allowed in subsection C, below, All other Residential Uses must comply with the current,
applicable residential occupancy standards of Title 14 and Title 17, If a rental permit for a
dwelling unit, upon which iegal nonconforming occupancy is based, is discontinued,
abandoned, revoked, or cancelled, said dwelling unit must thereafter comply with the
current, applicable occupancy standards as set forth in the City Code,
B. A residential dwelling unit that is legally nonconforming with regard to the residential
occupancy standards as described in subsection A or subsection C of this section may
continue with the same occupanG as indicated on said rental permit or as determined
under the Rrovisions of subsection C, below. '
f7<j
c.
__ ,____<?G~ \t~_ ~ ;:) (1
The maximum occupancy, as determined by the Building Official based on the applicable
regulations effective March 1, 2005, will be applied to any residential use for which a valid
building permit was issued on or prior to March 1, 2005 and/or for which a valid rental
permit was issued prior to December 28, 2005, the effective date of
the current maximum occupancy regulations, For such uses, legal nonconforming rights
will be granted for this maximum occupancy,
~as- -L\~'iS\o
------- ------ -
CHAPTER S. SITE DEVELOPMENT STANDARDS
Article A.' Off-Street Parking and Loading Standards
14-5A-l A licabili
Unless specifically exempted or superseded by other provisions of this Title, the regulations of
this Article apply to all parking spaces, stacking spaces, aisles, and drives in all zones, whether
required by this code or put in for the convenience of property owners or users,
'. .. .
14-5A-2 Use and Restrictions
A. The'li'se of, reqvired off-st'r~et parking is reserved for vehicle parking. Other uses of a
"_. I. . - '" __.
required parking area are not permitted, except as approved for a Temporary Use (See
Article 14-4D)" ..: ,
B. Unless otherwise exempted, motor vehicles must be.parked on an improved surface, as
, .. .
specified in this Article," '
\: -'
c. The storage of merchandise, materials, equipment, refuse cOfltainers, obsolete or junk
vehicles or the major repair of vehicles in required off-street parking and stacking spaces
is prohibited, ,
r t.
D. Except for the purpose of making local deliveries, vehicles designed for the shipment of
detonable or flammable solids, liquids Or gases may' not be parked or stored in any :
Residential Zone, ;', J
,
,
E. Commercial vehicles more than 7.5 feet in height may not be stored in any Residential
Zone. ,,'
-.t.
"
14-5A-3 Maximum Parkin Allowed
B.
Purpose , ' , ,
Certain areas' and zones of the City are subject to a limit on the amount of parking
provided due to a desire to foster compact, pedestrian-oriented areas close to the '
downtown, the University, and in neighborhood commercial areas adjacent to residential
neighborhoods. The maximum parking 'standards are a tool to prevent the development of
excess parking capacity on a site. Limiting the amount of land devoted to parking wiil
make additionai land available for building area, open space, pedestrian amenities, ,and
other productive uses and will reduce storm water runoff and protect water~qualitY.by
limiting the amount of impervious surface on a site. To further that goal, off:street' parking
, in the central business district is generally provided in municipaily owned parking facilities,
rather than in private surface lots or structures. Providing conveniently locatE!d public
parking facilities reserves land in the downtown for more intensive commerciai.and civic
uses and prevents large surface parking lots from damaging the pedestrian-friendly
character of the central business district.
CN-l ZOne
In the CN-l zone, the number of. parking spaces provided may not exceed 110 percent ,of
the number of parking spaces required, except if granted a special exception to exceed:
this limit by the Board of Adjustment. '
.it
A.
~
hs---
~ ,as -L\\ 'l \0
%.\\~~ ~\l
d__ . ~ _
C. CB-5 Zone
In the' CB-5 Zone, any off..street parking provided for non-residential uses is limited to a
maximum of one parking space per 500 square feet of floor area, except for Hospitality-
Oriented Retail Uses, Hospitality-Oriented Retail Uses are allowed a maximum of 1-1/4'
parking spa~es for each guest room and parking spaces equal to 1/3 the occupapt load of-
any meeting or convention facilities, ' ' ' ,
< t j.!
"
,
\
D. ' CB-l0 ZOne
1. ,Off-street parking'isnot required for any Use.
~ ...'~, 2. Private, off-street parking is permitted only after approvai of a special exception,
except for Hospitality-Oriented Retail Uses.
3. Hospitality-Oriented Uses are allowed up to 1-1/4'parking spaces for each guest room
and parking spaces equal to 1/3 the occupant load of any meeting or convention
facilities without going through the speCial exception process. Any parking spaces
allowed under this maximum must meet the approval criteria specified in
subparagraphs b. through e.., below, Any parking spaces requested beyond this
maximum must be approved by the Board of Adjustment as a'special exception and
meet all of the approval criteria listed in paragraph 4, below,
4, In addition to the general special exception approval.criteria specified in Article 14-
4B, applications for a special exception for private off-street parking in the CB-lO
Zone must meet the following specific approval criteria:
a. The applicant must demonstrate through a parking demand analysis that the
number of parking spaces requested does not exceed the demand for parking
for the specific building or project proposed and that the parking demand j
cannot be satisfied through the public parking system. Short term parking
demand is preferred to be satisfied through the public parking system.
b. Surface parking is not permitted.
C. Underground parking is preferred over above-ground structured parking. The
design of any underground parking must not detract from or prevent active
building uses on the ground-level floor of the building, To that end, the ceiling, ;^"
height of any underground parking level may not extend more than 1 foot
above the level of the adjacent sidewal~. , ,'_' ,_ _,_, ~'
d. AbOve~gro'und structured parking may be approved only ifth'e'specific project or
building for which the parking is being requested has an FAR of at.least 7,
excluding any structured parking in the FAR calculation,
e. Where parking is located within the exterior walls of a building, the following
standards apply:
(1) The proposed structured parking will not detract from or prevent ground' ,
floor storefront uses, Structured parking may be permitted o~ the g~0~n9- .'., ,
level floor of a building, provided that a substantial portion of the ground'
level floor of the building is reserved for and built to accommodate
storefront uses, Parking is not allowed within the first 50 feet of lot depth
as measured from the front building line, ' '"
, .
(2) Vehicular access to parking within buildings must be from a rear alley or
private rear lane, whenever feasible, Garage openings along the primary
street frontage are not permitted if access is feasible from another Street" '
or from a rear alley, private street or private rear lane, If there is no other
feasible alternative, a garage opening may be allowed along the primary
street frontage" if the Board determines that the opening(s) will not detract
from or unduly interrupt pedestrian flow along the street. Garage openings
shall be built to the minimum width necessary, for access,
(3) Any exterior walls of a parking facility that are visible from a public or
private street must appear to be a component of the fa~de of the l1uilding ,
through the use of building materials, window openings and fa~de I ",, \,'
detailing that is similar or complementary to,the design of the building..", '
; -." . ~
(4) Each entrance and exit to the parking area must be constructed so that ..
vehicles entering or leaving the parking area are clearly visible to a
pedestrian on any abutting sidewalk at a distance of not less than 10 feet.
Stop signs and appropriate pedestrian warning signs may be required, '
\ ,
,
"',,-~.
\.
i
-'-'
)1 (
\~!
~t ~
j"'
, .2
I
,
,
\
\'
'.
/'b
,l-
x
i
y
)
\,
\,
I
I
~,C:lS- -4\~\o
__ ~d' \~\_6\ _3\ l
r-
E. i Near Southside Parking Facility DiStrict
In the Near Southside Parking Facility District, a parking facility impact fee may be
required in lieu of providing all or a portion of on-site parking (See Article 14.. 7B,
Development Fees),
14-SA-4 Minimum Parkin Re uirements
'j
A. Purpose , '
The minimum parking requirements are intended to ensure that enough off-street parking
is provided to accommodate most of the demand for parking generated by the range of
uses that might locate at a site over time, particularly in areas where'sufficient on-street
parking in not available. The minimum parking requirements are aiso lnt~nded to ~n~ure
that enough parking is provided on a site to prevent parking for non-r~id~ntial u~.f~om .
encroaching into adjacent residential neighborhoods. ,:, ~
B. Minimum Requirements
1. Table 5A-2 lists the minimum parking requirements and minimum bicycle parking
requirements for the land use or uses on properties in all zones except the CB-S and
CB-I0 Zones, For some land uses, the minimum parking requirements differ based
on the zone in which the property is located. '
2, In the CB-5 Zone, parking is not required for any land use, except for Multij:amily
Uses, as specified in Table SA-I, below., '
3, In the CB-lO Zone, parking is not required for any land use.
C. Parking for Persons with Disabilities
Where a use is required to provide accessibility for persons with disabilities, the number
and design of such parking spaces must be in accordance with State of Iowa
Administrative Code, 661 IAC 18, Parking for Persons With Disabilities, as amended.
D. Rules for Computing Minimum Parking Requirements
1. Where a fractional space results, the number of parking and stacking 'spaces (e.<luired,
is the closest whole number. A half space will be rounded down. ~
2:,~,Any use that is nonconforming with regard to the number of required parking spaces"
" is subject to the a'pplicable provisions of Article 14-4E, Nonconforming Situations.
3, , In, the case of mixed uses, the number of parking and stacking spaces required Is
equal to the sum of the requirements for the -various uses computed separately,
except for shopping centers, as specified in Table 5A-2, and for reductions allowed
, under the subsection entitled "Alternatives to Minimum Parking Requirements,"
below.
Rules for Computing Bicycle Parking Requirements
1. I 'In Tables 5A-l and 5A-2, the minimum bicycle parking requirements are expressed
as a certain number of spaces per dwelling unit or as a percentage of the required
number of vehicle parking spaces,
2, In all cases where bicycle parking is required, a minimum of 4 spaces shall be
provided.
3: ' 'After the first 50 bicycle parking spaces are provided, additional spaces are required
, at 50 percent of the number required by this Section,
4. Where the expected need for bicycle parking for a particular use is uncertain due to
unknown or unusual operating characteristics of the use or due to a location that is
difficult to access by bicycle, the Building Official may authorize that the construction
of ull to 50 percent of the required bicycle parking spaces be deferred. The land area
required for the deferred bicycle parking spaces must be maintained in reserve. If an
enforcement official of the City determines at some point in the future that the
additional parking spaces are needed, the property owner will be required to install
the parking in the reserved area, The owner of the property on which the bicycle
parking area is reserved must properly execute, sign, and record a written agreement
that is binding upon their successors and assigns as a covenant running with the land '
th,at assures the installation of bicycle parking within the reserved area by the owner
'if so ordered by an enforcement official of the City,
,
17)
"-
-( .
J
"t,
~---".-'V-
E.
i
'\
J
\?a'\\~\ 0\\
~ as- - 4\~ \,
I
i
I
,(
r
<
/
Table SA-I: Minimum Parking Requirements in the CB-S
USE SUBGROUPS Parldna: Requirement Blcyde
CATEGORIES .orld...
Residential Uses
Househo~ Living Multi-famj~ CB-5 Zone Efficiency,1-bedroom, and 2-bedroom units: 1 space per dwelling unit.
Uses DweUings 3-bedroom units: 2 sp'aces per dwelling unit tOper
Units with more than 3 bedrooms: 3 spaces per dwelling unit d.u.
~ I , Elder Aparbnents: 1 space for every 2 dwelling units.
"
f
Table 5A~2: Minimum Parking Requirements for all zones, except the CB-5 and CR-I 0 Zones
USE CATEGORIES SUBGROUPS Parklnl Requirement Bicycle
ParldnS!
Residential Uses
Household Uving Single Fanlly Uses 1 space per dwelling. However, for a SF use that
contains a household with more than 2 unrelated None ,
persons, 1 additional parking space is required for each required
additional unrelated person in excess of tv<<l. For
example;if a Single Family Use contains 4 unrelated
persons, then 3 pSJkIng spaces must be provided.
f , 1 T'M:l FamUy Uses 1 space per dwelling unit. For a Two FamUy dwelling
, unit that contains a household with more than 2 None
," 1 unrelated persoos, 1 additional parking space is required
required for each additional unrelated person in excess
- , oflwo.
,
Group Households 3 spaces None
required
Multi- All zones, except PRM Efficiency & 1.bedroom units: 1 space per dwelling unit O.5perd.u.
,'I' family 2-bedroom units: 2 spaces per dwelling unit 1.0perd,u,
Dwellings 3-bedroom units:,2 spaces per dwelling unit 1,5perd,u,
4-bedroom units: 3 spaces per dwelling unit 1 ,S per d,u,
~room units: 4 spaces per dwelling unit 1.5perd.u.
..
, PRM Zone Efficiency, 1- & 2- bedroo!l1 units: 1 space per dwelling 1.0perd,u,
'. . unit
, 3-bedroom units: 2 spaces per dwelling unit
f , Units with more than 3 bedrooms: 3 spaces per
i dwelling unit
Elder Apartments 1 space per dwelling unit for independent living units
and 1 space for every 2 dwelnng units for ~sisted living 5%
, , units, except in the PRM and CB-2 Zones.
In the PRM and C8-2 Zones, 1 space for every 2
- dwelling units. ,
"Group LivingJ' Assisted Group Uving 1 space for every 3 beds plus 1 space for each staff None
, member detennined by the maximum number of staff required
~ -- "'.' ~- ." --.-" ~~.~ -- . - "- '- ~presentat any.oQe time.:.~~....;.:=---=~- ,~~'
Independent Group LMng 1 space per 300 sq. ft. offtoor area or 0.75 spaces per
I ~:1 j , resident, whichever is less. 2S%
FratemalGroupLiving 1 space per 300 sq. ft. of floor area or 0.75 spaces per ..
resident, whichever is less. 25%
~
,.:......=.-
'"
'"
)
, ,i
hf
~ <::JS-LH~'-P
C?(} \ '1 '\ ~~\ "'\
---"--------
"
,
,
,
,
/
USE CATEG9RIES 1 SUBGROUPS I Partdng Requirement Bicycle
p-
Commerdal Uses
Aduh Business Uses , Relli>!ype 1 space per 300 sq. ft. of floor area 1S%
..
, Entertainmentln~ht clulrtype Parking spaces equal to 1/3 the occupant load of the 10%
-, , largest assembly space or seating area in the btJilding.
Anirnal-r'elated General 1 space for ea::h ofIk;e, examining room, and None
Commercial treatmenUgrooming room, but not less than 3 s~s. required
, , Intensive '3 sp'aces None
, requinld
Commercial Recreational Outdoor Spectator,!ype Parking spaces equal to 1/4 the occupant ~ad of the ,10%
,
Uses , (major event facilities, seating area.
such as arenas,
" stadiums, etc.)
, , , Participatory,type(tennis Parking spaces equal 10 213 the maximum number of 10%
'"
" ""'lis, swimming pools, participanls l~eIy at arry one lime,
archery ranges, sports
lields,etc,)
In_ Parking spaces equal to 1/3 the occupant load of the 10%
area used for the participatory activity,
Commercial Parking Not applicable None
, required
Eating 8I1d Orii\king 1 sp<!O!peI' 15O&1:f\. oiftoor aI1la, OJ parkmg spaces
Establishments , equal to 113 the occupant load of the seating area, 10%
whichever is less. Cany-ouUdelivery restaurants that do
not have a seating area must provide at least 4 spaces.
Quick Vehicle SeNicing For gas stations, 1 stacking space is required for every
.. service stall Of pump station. None
For car washes, 4 stacking spaces are required for required
each wash rack, bay, or tunnel.
Parking for convenience retail must be caJculated
separately. Parking spaces must be provided in lieu of
stacking spaces in instances where egress from a
facility would require moving a motor vehicle wailing for
entry.
OIIiceUses i General Office 1 space per 300 sq. ft. of floor area. lS%
In the MU and CB-2 Zones, no additional parking is
required for that floor area exceeding 8,000 square feet
MedicaUDentaJ Office 1.5 spaces for each office, examining room and
treabnent room, provided however, there shall not be 15%
less than 5 spaces. ..
r
;
. I,
USE CATEGORIES SUBGROUPS Parking Requirement Bicycle
P.....;.
Rellil Shopping centers, where a mix of 1 space per 250 sq, It of IIoor area Spaces for
uses, such as retail,office, residential uses must be caIcu1ated separately and 1S%
restaurants, theaters, commercial must be provided in addition to the parking spaces for
recreational uses, etc., share the the commercial uses.
, same parking area. This parking
minimum may be used as an optional
, alternative to calculating the parking
for each ol\heusasseparalely,
Sales-Oriented 1 spacf! per 300 sq. fl of floor area 15%
,i." Personal Service-Oriented 1 space per 300 sq. fl of floor area. 15%
,
Repair-Oriented 1 space per 500 sq. fl offloor area None
required
HospitaJity-Oriented For hotels and motels, 1 space per guest room. None
For guest houses, as defined in this Title, 0.75 spaces required
per guest room.
, For meeting facilities and similar, spaces equal to 1/4
the occupant 1000 of the meeting area or 1/4 the
, occupant load of the seating area, whichever is most
ap~icab~totheuse,
Outdoor Storage and Display. 1 space per 500 sq. ft. of floor area 10%
Oriented
Surface Passenger No minimum requirement None
Services required
Vehicle Repair . 1 space per 300 sq. fl of floor area. None
required
l'
~
~'
'~i-.t ~." f' .. .... 4.~~~~,,~..J">.-",-",--':' ..... t .. AV~......r-<-.".,/"''''''''''''~-''''';
1;1
~ .(JS""'-~\ ~~
\?b'\~() ~ 3\\
"
Industrlal Uses
Indu.tri~Service 1 space per 750 sq. ft. of floor area Noo.
required
Manufacturing and Technical/Light Manufacturing 1 space per 750 sq. ft. of floor area None
~uc1ion required
Gen.ralManufacruring 1 space per 750 sq. ft. of floor area Non.
required
Heavy Manufacturing 1 space per 750 sq. ft. of floor area Non.
required
SaIvag. Operatioo. 1 space per 750 sq. ft. of floor area . Non.
required
SeW-SeMce Storag. 2 spaces per leasing office plus 1 space per 100 Non.
leasable storage spaces. required
W...house and Fre~t For warehouses up to 25,000 sq. ft. 1 space per 1 ,000 sq. fl of f\oor area up to a maximum Noo.
",vemenl of5spaces. required
For warehouses 25,000 sq. ft. or 5 spaces plus 1 space for each 5,000 sq. ft. above Non.
greater 25.000sq.ft. required
WasIHlelated Use. 1 space per 750 sq. ft. of floor area None
required
Wholes~ Sales 1 space per 750 sq. ft. of floor area None
required
USE CATEGORIES I SUBGROUPS Parking Requirement Bicycle
Parkins
Institudonal And Civic Uses .
BasicUtilffies No minimum requirement , Noo.
required
Colleges end Universffies Public Based on parking demand analysis 25%
Private Per special exception review based on parking demand 25%
analysis
COmmunity Service General Community Service 1 space per 300 sq. fl of floor area 10%
Community Service. Shelter 0.1 space per temporary resident based on the
maximum number of temporary residents staying at the 25%
shetter at anyone time plus 1 space per employee
based on the maximum numbel' 01 employees at \he
site at any one time.
Oaycare 1 space per employee based on the maximum number
of employees at the site at anyone time plus one 10%
stacking space for each 20 children.
Detention Facilities No minimum requirement Non.
required
Educational Facilities Elementary, middle, junior high 2 spaces per classroom
schools, and Specialized Educational 25%
Facilities
High schools 10 spaces per classroom 25%
HospitaJ. 1.75 spaces per hospital bed Nooe
required
Porl<. and Open Space No minimum requirement. except for recreational uses
within private open spaces areas as follows: 5%
For golt.courses, 3 spaces for each gr:een (hole).
For other recreational or public assembly-type uses,
.' parking is requlred at half the minimum amount
required for the most similar commercial recreational
use.
ReI~iouslPrivateGroup' ' Parting spaces equal to 1/6 the occupant load of the
Assembly main auditorium or the largest room in the building, 5%
whichever is greater.
Other Uses
Agricultu.. Plant-related No. minimum requirement Non.
required
AnimaJ.related No minimum requirement Non.
required
AYiation-related Uses Airports No mini~um requirement Non.
required
Helicopter landing Facilities No minimum requirement \ None
required
Extraction No minimum requirement Non.
required
Communi<ation . No minimum requirement None
Transmission Facilities required
~ I~o
~ - as-y.\ 'irl.o
"6 \~\ ~ ~n
F. Alternatives to Minimum Parking Requirements
1. Off-Site Parking
Off-street parking may be located on a separate lot from the use served according to
the following rules. When the proposed off-site parking is located in a Residential
Zone, the Board of Adjustment may grj!nt-E. special excepgon for th~ proposed -_.
----" -'- -,,~.,. -- -.- ------ -,-- ~~.--
- .parking, provided the conditions contained in subparagraphs a. through g. are met.
When the proposed off-site parking is located in a Commercial, Industrial, or
Research Zone, the Director of Planning and Community Development may approve
the proposed parking, provided the conditions contained in subparagraphs a. through
g. are met.
a. Special Location Plan
A special location plan must be submitted with the application for off-site
parking. The location plan must Include a map Indicating the proposed location
of the off-site parking, the location of the use or uses served by the parking,
and the distance and proposed walking route between the parking and the
use(s) served. The map must be drawn to scale and include property
boundaries, including boundaries of any intervening properties. In addition,
documentation must be submitted providing evidence deemed necessary to
comply with the requirements herein.
b. Location of Off-site Parking
(1) In Residential and Commercial Zones, no off-site parking space may be
located more than 300 feet from an entrance of the use served.
(2) In Industrial and Research Zones, no off-site parking space may be located
more than GOO.feet from an entrance of the use served.
c. Zoning
Off-site parking spaces must be located in the same zone as the principal use(s)
served, or alternatively, off-street parking may be provided on a separate lot
within the parameters ?f the foliowing pairings:
(1) Parking in a Multi-Family Zone serving a use located in a different Multi-
Family Zone or in the MU Zone or vice versa.
(~) Parking in a Commercial Zone serving a use located in a different
Commercial zone.
(3) Parking in an Industrial Zone serving a use located in a different Industrial
Zone.
(4) Parking in a Commercial Zone serving a use located in an Industrial Zone
or vice versa.
d. Shared Use of Off-Site Parking
Where two or more uses will jointly use the proposed off-site parking, the
number of parking spaces shall equal the sum total of off-street parking spaces
required, as indicated in Tables 5A-1 and 5A-2, except for reductions approved
under the provisions of paragraph 2, below, Allowed Reductions for Shared
Parking.
e. Off-Site Parking Located in a Municipally-Ownetl Parking Facility
In instances where a use is within GOO feet of a City-owned parking area, up to
50 percent of the required number of parking spaces may be provided in the
parking facility. When a use abuts a City-owned parking area, up to 100 percent
of the required number of parking spaces may be provided in the parking
facility. When an applicant requests to provide off-street parking in a City-owned
. parking facility, the City Manager or designee must substantiate that with the
addition of the requested number of parking spaces the capacity of the parking
facility will not be. exceeded.
f. Approval Criteria
In assessing a special location plan for off-site parking, the Board of Adjustment
or Director of Planning and Community Development, as applicable, will consider
the desirability of the location of off-street parking and stacking spaces on a lot
separate from the use served in terms of pedestrian and vehicular traffic safety;
any detrimental effects on adjacent property; the appearance of the streetscape
as a consequence of the off-street parking; and in the case of non-required
parking, the need for additional off-street parking.
I~J
~. as- - 4\ ~~
(?~. \'i?~ ~ ~n
-- ~._~-- --.
g. Covenant for Off-Site Partdng
A written agreement between the owners of the parking and the owners of the
property for which the parking will serve must be submitted with the application
, for off-site parking. The agreement must assure the retention of the parking and
stacking spaces, aisles and drives and be properly executed, binding upon their
successors and assigns, and must be recorded as a covenant running with the
iand. . The agreement must provide that it cannot be released, and its terms and
conditions cannot be modified in any manner whatsoever, without prior written
consent and approval from the City. The written agreement must be reviewed
and approved by the City Attorney. ~
2. Allowed Reductions for Shared Parking
The Building Official in consultation with the Director of Planning and Community
Development may approve a minor modification as specified in Section 14-4B-1 to
reduce the total number of parking spaces required by up to SO percent, if the uses
sharing the parking are not normally open, used, or operated during the same hours.
However, this reduction is not allowed for Residential Uses. To qualify for a
reduction under this provision, a parking demand analysis must be submitted that
provides evidence that the amount of parking proposed for the shared parking area
will be sufficient to meet the parking demand.
3. Landbanked Parking in the CN-l Zone
The Director.of Planning and Community Development may reduce the minimum
. parking requirements in the CN-1 Zone as follows, if it is determined that the
proposed reduction will further the intent of the CN-1 zone. To accommodate future
changes in land. use, changes in ownership, and shifts in shared parking demand, up
to 30 percent of the land area that would otherwise be needed to provide the
required amount of parking may be landbanked or set aside on the site to provide for
the future construction of a parking area. If an enforcement official of the City
determines at some point in the future that additional parking spaces are needed, the
property owner will be required to construct parking on the landbanked area. A
written agreement between the property owner and the City must be properly
executed and recorded as a covenant running with the land and binding upon all
successors and assigns, assuring the installation of parking within the landbanked
area by the owner if so ordered by the enforcement official.
4. Parking Exemption in the CB-S Zone
In the CB-5 Zone, a minor modification may be granted as specified in Section 14-4B-
1 exempting up to 30 percent of the total nuniber of dwelling units contained in a
building from the minimum parking requirements, provided that those dwelling units
are committed to the City's assisted housing program or any other affordable housing
program approved by the Oty.
S.. Parking Reduction for Other Unique Circumstances
Where it can be demonstrated that a specific use has unique characteristics such that
the number of parking or stacking spaces required is excessive, the Board of
. Adjustment may grant a special exception to reduce the number of required parking
or stacking spaces by up to 50 percent (up to 100 percent for properties designated
as a local historic landmark or listed on the National Register of Historic Places).
14-SA-S Construction and Desi n Standards
A. Purpose
The construction and design standards are intended to ensure safe and efficient vehicular,
bicycle, and pedestrian circulation on a site, and to ensure that parking areas are designed
with trees and landscaping in a manner that will break up the appearance of large
'expanses of paving, provide shade coverage, and ensure appropriate screening and
buffering from pedestrian ways and adjacent streets and properties.
B. Paving Materials
All parking and stacking spaces, drives and aisles must be constructed of asphaltic cement
concrete, Portland cement concrete or manufactured paving materials, such as brick,
except in the following situations:
t~
~. os -l..\ \ z~
Qo' \~'3 ~ 3\1
c.
.
1. Drives and aisles serving singie-family dwellings or duplexes that abut and access
historic Woodlawn Avenue or a non-hard surfaced alley are exempt from this
standard. .
2. The City Building Official may permit materials other than those listed, but excluding
crushed rock or chip seal surfaces, for parking spaces, aisles, and drives if the use of
such material provides a durable, permanent surface deemed suitable for the
intended purpose and intensity of use.
3. Prior to the issuance of a certificate of occupancy all parking and stacking spaces,
drives and aisies must be paved with an approved surface as specified above, except
that the Building Official may issue a temporary certificate of occupancy in those
instances where the Building Official finds that the paving cannot reasonably be
completed due to adverse weather conditions or settling of land on the site after
demolition or filling. A temporary certificate of occupancy will be effective only to a
date specific. Prior to the issuance of a temporary certificate, the property owner
must place in an escrow account, established with the City, an amount equal to il0
percent of the estimated cost of paving.
Parking and Stacking Space Size
1. The minimum size of a standard off-street parking space is 9 feet by 18 feet,
exclusive of aisle width.
2. The minimum size of a compact off-street parking space is 8 feet by 15 feet,
exclusive of aisle width. .
3. For all Uses, except Single Family and Two-Family Uses, the following rules apply:
a. Up to 50 percent of the required number of parking spaces may be compact
spaces. A "Compact Vehicles .Only" sign must be posted on or in front of each
compact space.
b. All other spaces, both required and nonrequired, must meet or exceed the
minimum size specification for standard spaces.
c. Parking spaces reserved for persons with disabilities must be sized and designed
in accordance with State of Iowa Administrative Code, 661 lAC 18, Parking for
Persons With Disabilities, as amended.
4. For Single Family and Two Family Uses, required parking spaces must be at ieast 9
~~W~~~ .
5. Required stacking spaces must be at least 9 feet wide and 19 feet long.
6. In all required parking areas that contain more than 4 parking spaces, such spaces
must be visibly delineated on the surface by painted or marked stripes.
D. Drainage
1. All parking and stacking spaces, drives and aisles in parking areas must be pitched or
curbed and drained to prevent the flow of excess water from such areas onto streets
and alleys which do not have adequate drainage facilities as determined by the Oty
Engineer.
2. Drives and aisles that are located within 3 feet of a side or rear lot line must be
pitched or curbed and drained to prevent flow of water onto adjoining property.
Alternatively, a drainage course must be established along lot lines to handle storm
water runoff.
E. Location
.1. Off-street parking and stacking spaces must be located on the same iot as the use
served except as allowed in the subsection entitled, "Alternatives to Minimum Parking
Requirements," above.
2. Off-street parking spaces, stacking spaces, aisles and drives are subject to the
location and setback requirements specified in the base zone and any other location
requirements of this Title that specifically supercede or augment these general
location standards.
3. Unless otherwise specified in this Title, stacking spaces must be located in such a
way that a required parking space or access to a required parking space is not
obstructed.
I?J
~. as-~l'8'\o
Qa . \<61-\ \ ::s~ 1
F. Standards for Structured Parking in Multi-Family and Commercial Zones
The following standards apply to.structured parking in all Multi-Family Zones and all
Commercial Zones, except the C6-10 Zone. Standards for structured parking in the C6-10
Zone are specified in Subsection 14-SA-3D, above.
1. In Commercial Zones the ground ievel floor of a building is reserved primarily for
principal uses allowed in the zone. Therefore, any parking iocated within the exterior
walls of the building must meet the following standards:
a. Structured parking is not permitted on the ground-level floor of the building for
the first 30 feet of lot depth as measured from the minimum setback line. In the
CN-l Zone it is measured from the "build-to" line.
b. No more than SO percent of the ground ievel floor of a building may consist of
parking.
c. The ceiling height of any underground parking may extend no more than 1 foot
above the level of the adjacent sidewalk.
2. Except for garage openings, the parking area must be enclosed within the exterior
walls of the building. In no case shall a building have the appearance from the street
or from abutting properties of being elevated above a parking level or "on stilts."
(See Figure 5A.l)
3. Any exterior walls of a parking facility that are visible from a public or private street
or from an abutting property must appear to be a component of the fa<;ade of the
building through the use of building materials, window openings and fa<;ade detailing
that is similar or complementary to the design of the building and must comply with
the other standards of this Section. (See Figure 5A.l)
Figure SA.I - Structured Parking
m
m
--.C---
.~~.
m
FE
G~T:1.:);;~~
Acceptable
Unacceptable
Unacceptable
4. In addition to window openings, the City may require landscaping as a means to
soften the visual effect of any garage walls located at the street level. Shrubs, small
berms, and planters may be used to form a landscaped screen generally ranging
between 2 and 4 feet in height. Trees may also be incorporated into the landscaped
area if sufficient area is available for tree growth.
5. Garage Entrances/Exits. Vehicular access to parking.within buildings must be from a
rear alley Or private rear lane, if available. If rear access is not possible, garage
openings may face a street, but must comply with the following standards:
a. The location of driveways and garage openings must be designed to minimize
hazards to pedestrians. I
b. There may be no more than one double-wide or two single-wide garage
9penings per building. Double-wide openings may not exceed 18 feet in width;
single-wide openings may not exceed 9 feet in width.
c. Except in the CN-l and C6-5 Zones, the opening(s) must occupy no more than
50% of the length of the street-facing building wall. On corner lots, only one
street-facing garage wall must meet this standard. In the CN-l and C6-5 Zones,
garage opening(s) along the primary street frontage are not permitted if access
is possible from another street or from a rear alley, private street or private rear
lane. If there is no alternative, garage opening(s) are allowed along the primary
street frontage, provided that they occupy no. more than 35 percent of the
length of the primary street frontage of the lot.
u
(-
\
'.
,
Ity
~. as -L\ \ 1(\0
\?G' \gS- ~ 3q
G. . Standards for Structured Parking in Industrial and Research Zones
Where parking is iocated within the exterior walls of a principai building, the following
standards apply:
1. Any exterior walls of a parking facility that are visible from an arterial street must
appear to be a component of the fa9lde of the building through the use of building
materials, window openings and fa9lde detailing that is similar or complementary to
the design of the building. In no case shall a building have the appearance from an
arterial street of being elevated above a parking level or "on stilts." (See Figure SA.l)
2. Garage Entrances/Exits. Vehicular access to parking within buildings must be from a
private street, rear alley, or private rear lime, if available. If such access is not
possible, garage openings may face a public street, but must be designed to minimize
hazards to pedestrians. Garage openings should be I,imited in width and number to
only what is necessary to provide adequate access for the types and numbers of
vehicles using the parking facility.
H. Design and Layout of Surface Parking Areas
Except for parking for Single-Family and Two-Family Uses, all parking and stacking spaces,
aisles and drives must be designed as follows:
1. Minimum Dimensions
Parking areas must be configured according to the aisle and parking space angle ~
dimensions as illustrated in Figure SA:2. Where the edges of parking spaces are '"
curved, as on a curved aisie, all angles are to be measured between the _____ ~' .
straightedges of the parking spaces and tangentsJo_th~(Ledges at their pOiilt'"- ~
of intersection. ' . - --"'~ -j
2. Aisles -
a. All parking spaces must be connected to an aisle that has a minimum width as '.
indicated in the Figure SA.2. Aisles designed for two-way traffic must be a
minimum of 22 feet in width.
b. The greatest aisle width shown in Figure SA.2 must be provided when
combining different parking space configurations on the same aisle.
c. The maximum aisle width is 24 feet.
-..
3. Drives
A drive providing access to a parking area with more than 18 spaces must be no less
than 18 feet in width if designed for two-way traffic or 10 feet in width if designed for
one-way traffic.
Figure 5A.2 - Parking Configurations
Standard Vehicle.
PARAl1.EL
1-22'-r-22'-1"-22'-I,....CURB
I~I~I~,
L"...J "'19
AISLE, lp
I ,
~-lB'--":"'-18:"---18~ '--2'j"CURB
~I I ~
~~ ,1,1
. I 2T
'a' 9'
AISLE lp' I
I ,
'~~J F
, AISLE \3' I
I ,
Compact Vehicles
119' ----r--19' ----r--19' -:-1 CURB
lmIl8D[l~
AISLE 15'~ 'p'l
I ,
i16'--------16'i-16'-"'II-l:.-CURB
141'5" I
I 24'S"
AISLE 10' L
:"-11'4~-11'4~11'4::":""":5'
~~~~
AISLE
,.--CURB
,
,614i
128'4"
I-I
1:2'
i I
,
lfs-
~. os -L\,'6lo
~G' ~~..~ ~\\
SO.
,......CURB
L~9'2"1 9'2"!~5'2" ,...-CURB
do I
138'
I
AISLE '~.
I
. ,
1171
I 31
AISLE 1~.1
I ,
90.
~--.!..L~J..2.1 ...-CURB
~~gf!tUo-
I
AISLE 22'
I
,
ma'TT
132'
AISLE 'r I
, ,
v
4. Circulation:
a. Parking areas must be designed to promote safe and convenient pedestrian,
bicyde, and vehicular circulation according to the standards of the base zone in
which the property is located.
b. Parking spaces within parking areas must be provided with car stops or curbing
to prevent encroachment into landscaped setbacks, medians, isiands, or
abutting parking spaces.
,
d.
Parking areas must be set back from rights-of-way and abutting properties and
properly screened from view as specified in th~ applicable base zone
regulations.
To guide turning vehicles, maintain sight lines, and protect vehicles at row ends,
the free end of all parking aisles must be capped with a landscaped terminal
island as illustrated In Figure SA.3, below. In the eN::l Zone, at least one shade
tree must be provided within each terminal island. .
....-.--. - .~.,
c.
,
)
i
Figure 5A.3 - Terminal Parking Islands
""_nn_u
______n,..
g(CC!)")
e. To control vehide speeds and facilitate traffic safety and circulation, drives must
be separated from parking spaces and aisles by landscaped medians and islands
as illustrated in Figure SA.4, below. Medians should be at least 8 feet wide to
accommodate parking lot trees. If medians are intended for pedestrian
circulation they shouid be approximately 12 to 20 feet wide to accommodate a
walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle
areas.
f. Drives must not be used as aisles, except as follows. If two parking areas on a
lot are connected by a drive, that drive may also be used as an aisle for not
more than 12 parking spaces..
g. Parking areas must be designed to permit ingress and egress of vehicles without
needing to move any other vehicle occupying a parking space.
1ft
,
,
!
o
.[
~~9~
~.
~~~ ...-- -"-"'-'"- ":..;.~g:;
;'~
,:;
,.
,
~. OS - '-\.l '8'\c .
~~. \~~ ~ 3\1
- -----_._--
h. No parking area shall be designed in such a mannerthat exiting a parking area
would .require backing into a street.
i. If the. number of parking spaces required or proVided for a use or a combination
of uses on a lot is greater than 8 spaces, none of those spaces may be located
I in su.th a manner that would require backing into an alley.
5.. Partition of Large Parking Areas .
: . Surface parking areas that are larger than 45,000 square feet or that have any
. .perimeter dimension greater than 300 feet must be divided into smaller, connected
lots to slow traffic movement, improve pedestrian safety, and reduce the visual
impact of large parking areas. The following design techniques must be utilized to
meet this standard. These design techniques may also be utilized as a means of
meeting the pedestrian circulation standards of the base zone. (See Rgure 5AA,
below)
a. Divide the parking into separate ar~as with the use of drives and landscape
medians. These "separate areas" should have no dimension greater than
approximately 200 feet.
: ,b. The parking layout should ensure that no aisle of parking is longer than
approximately 200 feet without being end-capped and crossed by a drive or
landscaped median.
c. Some parking areas may not easily accommodate the techniques described
above, such as long and narrow parking lots, so other options may be approved
by the Director of Planning and Community Development, such as the use of
landscaped islands to interrupt parking aisles and provide opportunities for
pedestrian crossings.
"
Figure 5A.4 - Partition of Parking lots/separation of aisles and drives
,
~ ~"~' r
;H~.~.....
- ~ ~
~
....
o
...
~
'.
'"
,
I. Landscaping and Tree Requirements within Parking Areas
1. Applicability
a. Parking areas that contain more than 18 parking spaces must be designed to
include trees and planting areas according to the requirements of this
subsection.
b. If the number of parking spaces in an existing parking area is increased to
accommodate more than 18 parking spaces, then the newly added parking area
must comply 'with the requirements of this subsection.
Ii'?
I;.
~ .DS_L\\~~
~d'\~~ '\ ~~l
2.
c. If an existing parking area, which is not constructed with a permanent durable
surface according to the construction and design standards above, is .
subsequently required to be surfaced or altered in any way, the provisions of
this subsection shali apply as if the parki~g area did not previously exist.
d. Parking ramps, covered parking areas, and parking areas that are an integral
part of a building are exempt from the requirements of this subsection.
However, in such cases, certain perimeter landscaping may be required
according to the provisions of the base zone..
Requirements
a. Trees must be planted or preserved on the site so that every parking space or
portion thereof is within forty feet (40') of a smali tree or within sixty feet (60')
of a large tree.
b. In addition to the required trees, ali medians, islands and other planting areas
within the parking area must be landscaped with turf, grasses, low shrubs or
other living cover. Planting areas at the ends of parking aisles must consist of
low-growing varieties of shrubs, grasses, and ground cover(two feet in height or
less) so as not to impede vehicuiar sight lines. Landscape medians along drives
and pedestrian walkways may utilize larger. shrubs and plants to visualiy break.
up the appearance of large parking areas and buffer pedestrian walkways. Trees
may be planted in any median or planting island provided the median or island
meets the minimum planting area size specified in Article 14-5E, Landscaping
.' and Tree Requirements.
c. . Planting areas must be separated from parking spaces, drives, aisles, and alieys.
with unmountable curbs or barriers at least 5 inches In height. Curbs and
barriers must be constructed in a manner that wili prevent salt and sand from
storm water runoff from .damaging trees and piantings. The City may waive this
, > requirement when drainage swales are utilized to facilitate stormwater run-off.
d. The design of any drainage swales proposed must be approved by the City.
Drainage swales must be planted with salt-tolerant prairie grasses, sedges and
reeds that wili slow run-off and aliow ground infiltration. The plants used in such
swales must be approved by the City.
e. Coniferous trees may not be used to satisfy parking lot coverage requirements.
!'p ,
~
f. Trees planted to meet the street tree requirements or to meet the tree
requirements for residential uses (See Article 14-5E) may also be used to fulfili
the requirements of this subsection, provided that no parking space is further
than 40 feet from a small tree or 60 feet from a large tree.
g. All trees and landscaping within parking lots are subject to the provisions of
Article 14-5E, Sections 3 through 6, General Requirements and Measurements,
Tree Planting Requirements, Protection and Maintenance, and Preservation of
Existing Trees.
J. Screening and Setback Requirements
Parking areas must be setback from rights-of-way and abutting properties and screened
from view according to applicable setback and screening provisions of the subject base
zone.
K. Design of Bicycle Parking Areas
1. Bicycle parking areas must be constructed of asphaltic cement concrete, Portland
cement concrete or manufactured paving materials, such as brick. However, the City
Building Official may permit the use of rock or gravel areas for bicycle parking,
provided edging materials are used so that the bicycle parking area is clearly
demarcated and the rock material is contained.
2. Required bicycle parking racks must be designed to support the bicycle by its frame
and allow the use of either a cable lock or a U-shaped lock. Bicycle lockers and
secure indoor storage facilities are also aliowed.
'.'
I~rf
~. CJ..s- -41. lj?\O
~d' \~\ ~ "3\\
--1
I
3. Bicycle parking facilities shall be located in a clearly designated, safe and convenient
location and shall be located so as not to impede pedestrian or vehicular traffic.
Bicycle parking is allowed in front and side building setbacks in all zones, provided
that such a parking area results in no more than 25 percent of the required setback
area being paved,
Special Vehicle Parking and Storage Requirements in Single Family Zones
The provisions of this subsection apply in all Single Family Residential Zones. For purposes
of this subsection, a special vehicle is defined as any device, more than 7.5 feet in height
and more than 20 feet in length, which is or may be transported or drawn upon a
highway, street, or body of water, including without limitation any motor vehicle, truck,
trailer, tractor, wagon, watercraft or any combination thereof exceeding these dimensions.
A storage area for a special vehicle includes any space equal in size to the outer perimeter
of the subject special vehicle that is used for storage of such a vehicle. The following
provisions apply to all su~h special vehicles.
1. A special vehicle may be stored inside any building, provided it is not stored in a
required parking space.
2.' A special vehitle stored outside a building must comply with the following standards:
a. The vehicle must be in operational condition and properly licensed as required
by State and Federal law;
b. The special vehicle must belong to the owner or tenant of the property on which
the vehicle is located, except for special vehicles of guests, as provided in
subparagraph c., below;
c. A special vehicle may not be u~ed for dwelling purposes except as temporary
lodging for guests of the property owner or tenant. Such temporary lodging may
occur for no more than 21 consecutive days nor may temporary lodging exceed
a total of 45 days in any calendar year. An extension may be approved by the
City Manager or designee.
d. The special vehicle may not be used for storage of items other than those
considered to be part of the unit.
e. The storage area must be surfaced with crushed rock, asphalt, concrete or a
similar surface designed and maintained to prevent muddy conditions, erosion
from the flow of water onto adjoining property and weed growth. In cases
where crushed rock is used, the perimeter of a storage area must be lined with
bricks, landscape timbers or similar rr.3terial that will effectively contain the
crushed rock.
f. Location restrictions
(1) A special vehicle may not be parked or stored on a vacant residential lot.
(2) No speCial vehicle may be stored in a front setback, except on a regularly
::~-'C-~~ =c.oQstructeq aisl!!Jota,period,otno.more.thanAdaysJolCthe.purpose.of. --~-' - Eo'
loading and unloading.
(3) A special vehicle may be stored in the required rear setback or the required
side setback, provided the outer edge of the storage area is no closer than
3 feet to a side lot line or to a rear lot line of a reversed corner lot.
(4) The City Manager or designee may permit outside storage of a special
vehicle in the required front setback or'the required side setback along a
street, provided:
(a) Storage space is not available in the side or rear setback or there is
no access to either the side or rear setback. For purposes of this
provision, a corner lot will always be deemed to have access to the
rear setback. Accessory structures and buildings less than 160 square
feet in area and vegetation that is transplantable are not deemed to
prevent access.
(b) Inside storage is not pOSSible because the size of the special vehicle
exceeds either the space available or the size of the entrance
available in any existing building or both.
L.
Iff
~ . C:lS - 4~ %"~
\?o.\'\~" 3\1
-- ~-, ~--(c) Thespeeial vehicle is' parked perpendiZ~~'r ta the street.
(d) The special vehicle starage area is screened fram view .of the street
using landscaping, a fence .or a wall. Fences, walls, and hedges must
meet the applicable standards specified in Article 14-4C, Accessory
Uses and Buildings.
(e) Na part .of the special vehicle extends beyand the praperty line .or
aver a public right .of way.
14-SA-6 Off-Street Loadin Re uirements
A. Applicability
In all Zanes, except the CB-S and CB-lO Zanes, .off-street laading spaces must be pravided
and maintained in campliance with the fallawlng requirements.
B. Off-Street Loading Requirements
Any nan-residential use that receives .or distributes materials .or merchandise by trucks .or
vans and that 'has an aggregate grass flaar area .of 10,000 square feet .or mare, must
pravide the minimum number .of laading spaces as indicated in Table SA-3.
10.000 to 20.000
20.000 to 40.000
40.000 10 80.000
80.000 10120.000
120.000 10160.000
For each additional 80,000
2
3
4
5
1 additional
C. Rules for Computing Minimum Loading Requirements
1. Where a fractianal space results, the number .of laading spaces required is the clasest
whale number. A half space will be raunded dawn.
2. Any use that is nancanfarming with regard ta the number .of required loading spaces
is subject ta the applicable pravisians .of Article 14-4E, Nancanfarming Situatians.
D. Use and Restrictions
1. The use .of required laading spaces is reserved far laading. Other uses .of required
laading areas are nat permitted, except as approved far a Temparary Use (See Article
14-4D, Temporary Uses).
2. The starage .of merchandise, materials, equipment, refuse cantainers, .obsolete .or
junk vehicles .or the majar repair .of vehicles in required loading areas is prahibited.
, E. Design and Maintenance Requirements
Alllaading spaces must be canstructed .of asphalt, concrete .or similar permanent dust-free
surface and in accardan~e with the fallawing requirements. ~
1. Laading spaces must be a minimum .of 10 feet wide, 25 feet lang and 12 feet high,
exclusive .of aisles. When mare than 2 spaces are required, the spaces, ather than
the first 2, must be at least 12 feet wide, 72 feet lang and 14 feet high.
2. A1llaading spaces must be pitched and drained ta prevent the flaw .of water fram
such areas anta streets and alleys that da nat have adequate drainage facilities as.
determined by the City 'Engineer.
F. General Location Standards
1. Laading spaces must be lacated sa that trucks .or vans laading .or unlaading da nat
back anta .or aut .of a street.
2.' Off-street laading are~s are subject ta the lacatian and setback requirements
specified in the hase zane.
---~----
........--
~
Iro
~. os -y~/S\o
_~cJ.\'\\<\ 3\\
---- -----..----
G. Screening'Requirements
Loading areas must be screened from view according to applicable screening provisions of
the base zone.
-- .- .----- ---_.-
Article B. Sign Regulations
14-58-1 Pur ose
The purpose for this Article is to enhance and protect the physical appearance and safety of the
community, to protect p~operty values and to preserve Iowa City's areas of natural, historic and
scenic beauty. These regulations are also intended to reduce distractions and obstructions
contributing to traffic accidents, reduce hazards caused by signs projecting over the public right
of way, provide a reasonable opportunity for all sign users to display signs without interference
from other signage, to provide fair and equitable treatment for all sign users and to establish a
reasonable period of time for the elimination of nonconforming signs.
14-58-2 General Rules and A Iicabili
A. Applicability
All signs on private property must be installed, maintained, and/or removed according to
the provisions of this Article.
8. Permit Required .
1. No sign requiring a permit in accordance with the requirements of this Article shall be
installed, altered, moved, improved or converted without first obtaining a sign permit
from the Building Official or designee according to the procedures specified in
Chapter 8 of this Title, Review and Approvai Procedures. A permit is not required for
incidental repairs or routine maintenance. .
2. Certain types of signs are allowed without a permit and such exemption from the sign
permit requirements is clearly specified in the tables included in Sections 8 and 9,
below. A permit is required for any sign that is not specifically exempted from the
permit requirements.
C. Sign Installer's License Required
1. Except for those signs not requiring a permit, as listed in Sections 8 and 9 of this
Article, it shall be unlawful for any person to install, alter, move, improve, remove or
convert any sign without having a sign installer's license in good standing issued by
the City. A one"time sign installer's license shall be available to a tenant or owner of a
building to permitthe tenant's or owner's own sign to be installed.
2. The license to install, alter, move, improve, remove or convert any sign as required
herein shall be known as a sign installer's license and shall be issued by the City to
the person desiring to perform the work indicated above. No such license shall be .
issued to any person until such person shall have paid to the City a license fee as
established by resoiution of City Council and shall have filed with the Department of
Housing and Inspection Services a copy or a certificate of a contractor's public liability
insurance policy with coverage limits as set out in Title 3, Chapter 4 of the City Code.
The City shall be designated as an additional insured, and the policy shall provide
that the City is to be notified 30 days in advance of the termination of the policy. The
license shall indemnify and save harmless the City from any and all damage,
judgment, cost or expense which the City may incur or suffer by reason of said
license issuance.
3. All sign installer's licenses shall expire on December 31 of each. year. Renewal fees.
and reinstatement fees shall be as established by resolution of the City Council. Any'
license that has expired may be reinstated within 60 calendar days after the
expiration date upon' payment of an additional reinstatement fee.
4. A one-time sign installer's license shall be valid for 30 days from the date of issuance.
I
/r)
c ~
I
I
I
I'
I
'-::-"..,I!!:""; ....
c-vJ.. . DS' - (-.\\ "6'l..o
~_~~~. \ \~"\ 3\1
5. The Building Official or designee is responsible for enforcement of these provisions .
and is empowered to suspend or revoke a sign installer's license for a violation of the
sign regulations or if the license was obtained by fraud or if the license allows any
person not employed by the sign installer without a valid installer's license to do or
cause to be done any work requiring a license.
6. A person aggrieved by the revocation, suspension or denial of a license may appeal
said action to the Board of Adjustment.
7. If a license is revoked for any reason, another installer's license shall not be issued to
, such person for 12 months after revocation.
D. Application of State Law
In any case in which the Code of Iowa, as amended, contains more restrictive
requirements than the regulations contained herein, the Code of Iowa, as amended, will
govern.
14-58-3 General Location Standards
A. Location Standards For All Zones
1. No sign shall be located in violation of the Intersection Visibility Standards set forth in
Article 14-50.
'2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any
property line, with the following exception. Signs may be located closer than 5 feet to
a property line at 10 feet or more above grade, provided no part of the sign or sign
support overhangs any property lines. In addition, freestanding wide-base signs must
not be located closer than 10 feet to any right-of-way or closer than 30'feet to any
street curb.
3. Building signs must comply with the building setback requirements of the base zone.
No part of a building sign or sign support may overhang a property line, unless
specifically allo.wed in this Article.
4. For any sign that is allowed to project over the public right-of-way according to the
provisions of this Article, a Use of Public Right-of-Way Agreement must be signed by
the property owner as a part of the permitting process.
5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No
sign shall be attached to a standpipe or fire escape.
B. Signs Adjacent To Residential Zones
1. Any signs within 100 feet of a Residential Zone must comply with the requirements of
Subsection 8C, Sign Standards in the CO-I, CN-1 and MU Zones. -
2. Electronic changeable copy signs are not allowed within 100 feet of a Residential
Zone, except for Time and Temperature Signs, as defined in Article 14-9C, Sign
Definitions.
3. Except for facia signs, no sign shall be located in the required front building setback
area within 50 feet of a Residential Zone.
4. Facia signs located within 50 feet of a Residential Zone on the same side of the street
shall not be placed on the wall of the building facing the Residential Zone.
14-58-4 Construction and Maintenance Re uirements
A. Construction .
All signs, except for temporary signs, shall be designed and constructed to withstand a
wind pressure of not less than 30 pounds per square foot of area and loads as required by
the Building Code.
B.
Minimum Clearance Height
The minimum clearance height is measured from grade to the lowest point on the sign.
The minimum clearance height for freestanding, banner, and time and temperature signs
is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and CB-lO Zones, the
minimum clearance height is 8 feet. .
II
l'
,
[
)1~
tL ~. - "'.--_.~.....'-/';:J'.;~~-""/,-_._"""",-,, ~"".- .~"-''t... ~ .... - ........~~"
~. as' -'-\\"'?\o
~O' \\3 \ :3ll
C.
\
Maintenance
All signs shall be maintained in such a manner as to avoid becoming a hazardous sign.
- - -~--- --.- -
D. Changeable Copy
1. Copy that is changed manually
Any sign may contain copy that is changed manually.
2. Copy that is changed 'electronically
Signs where the copy is changed by electronic means are oniy allowed ~s specified
below.
a. The sign must be located in a Commercial Zone or the MU Zone. However,
electronic changeable copy signs are not allowed within 100 feet of a Residential
Zone, except for Time and Temperature Signs, as defined in Article 14'9C, Sign
Definitions.
b. Electronic changeable copy is allowed on only one sign per lot. In the CH-1, 0-
.1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in
Article 14-9C, Sign Definitions shall not count toward the one sign limit.
c. The changeable copy may not be animated (See definition of ANIMATED SIGN
in Article 14-9C, Sign Definitions). The copy may be changed no more than once
per hour, except for designation of the time and temperature, which may be
changed more frequently.
d. The sign may not contain images or be of a brightness that will interfere with,
obstruct the view of, or confuse traffic. The sign may not contain images that
may be confused with any authorized traffic sign, signal or device. The sign
may not make use of the words, "stop," 1190 slow,'. "caution," "drive in/'
"danger," or any other word, phrase, symbol or character in such a way as to
interfere with, mislead or confuse traffic.
e. The sign must comply with the illumination standards as specified in the
following subsection.
f. In the MU, CO-I, CN-1, and CB-lO Zones, electronic changeable copy is only
allowed on a time and temperature sign (See definition of TIME AND
TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion
of the sign is limited to the display of the time and/or temperature and may not
exceed 40 percent of the area of the sign face.
g. In the CH-1, 0-1, and CC-2 Zones, electronic changeable copy is oniy allowed
on time and temperature signs, freestanding signs, freestanding wide-base
signs, and monument signs. On time and temperature Si9nS, the electronic
changeable copy portion of the sign is limited to the display of the tim'e and/or
temperature and may not exceed 40 percent of the area of the sign faee. On
freestanding and freestanding wide-base signs the electronic changeable copy
portion of the sign may not exceed 40 percent of the area of the sign face: For
monument signs the electronic changeable copy portion of the sign may not
exceed 50 percent of the area of the sign face.
h. In the CB-2 and CB-5 Zones, electronic changeable copy is only allowed on time
and temperature signs and monument signs. On time and temperature signs, .
the electronic changeable copy portion of the sign is limited to the display of the
time and/or temperature and may not exceed 40 percent of the area of the sign
face. On monument signs. the eiectronic changeable copy portion of the sign
may not exceed 75 percent of the area of the sign face.
E. Illumination Requirements
Illuminated signs must conform to the following requirements:
1. Except for signs in the ID and Residential Zones and special event signs, all permitted
signs may be internally or externally illuminated. All signs permitted in the ID and
Residential Zones and special event signs may only be externally illuminated with
white light.
2. Illumination through the use of exposed lamps or inert gas tubes is allowed, provided
the exposed lamp does not exceed 11 watts or that an inert gas tube does not draw
more than 60 miiliamps. When inside frosted lamps or exposed lamps with a diffusing
screen are used, no lamp shall exceed 25 watts.
~
!
-i
J
. ,
.
.
,
,
"
:
IlJ
~() - V\i.\
Illumination through the use of LEOs is allowed only as specified-far electronic .
changeable copy. All signs using LEOs must have installed ambient light monitors .
and must at all times allow such monitors to automatically adjust the brightness level
of the eiectronic sign based on ambient light conditions. At no time shalr~gn be
operated at a brightness level greater than the manufacturer's recommended 1~1- ~
The electronic changeable copy must be monochromatic. It must-litillze'aaark- ~-
background with oniy the message or image lit in a single color. -.'
Artificial external light sources used to i1iuminate a sign face must be located and
shielded such that the buib is not directly visible from any adjacent residentially-
zone,d property or public right-of-way and must use a narrow cone of light that does
not extend beyond the i1iuminated sign face.
, .
Illumination on a property, including i1iumination from signs, must not exceed 0.5
initial horizontal footcandles and 2.0 initial maximum footcandles as measured af any
point aiong a property boundary that is adjacent to or across the street from
properties that are zoned Residential, CN-l, or CO-1.
All i1iuminated signs are SUbject to the provisions of the Electrical Code, including any
permit fees.
Permit applications for electronic changeable copy signs must include a copy of the
manufacturer's operating manual, including any recommended standards for
brightness and other display operations.
For electronic changeable copy signs, whether the sign is programmed from the site
or from a remote location, the computer interface that programs the sign shall be
made available to City staff for inspection upon requeSt. If the computer interface is
not immediately availabie, the sign shall cease operation until such program cim be
provided.
~ .as -~\.'\(<o
3.
~
4.
5.
6.
7.
8.
'1
14-5B-5 Nonconformin Situations
. A. Nonconforming Signs
All legally nonconforming signs must comply with the provisions specified for
nonconforming signs in Article 14-4E, Nonconforming Situations. Signs deemed "historic"
may be eligibie for a special exception according to the provisions specified in Article 14-
4E, Nonconforming Situations.
B. Signs for Nonconforming Uses
A nonconforming use is permitted to have the same amount and type of signage as would
be allowed for such use in the most restrictive zone in which such use is allowed.
14-5B-6 Prohibited Si ns
A. Regulations are Exclusionary
These regulations are intended to be exclusionary. Any type of sign not specifically listed
in this Article is 'prohibited. In addition, the foliowing signs are specifically prohibited in all
zones:
1. Animated signs, except for barber poles as expressiy permitted by this Article;
2. Hazardous signs;
3. Obsolete signs;
4. Painted wall signs;
5. Portable signs, including signs on wheeis, trailers, and truck beds, but excepting
those portable signs expressly permitted by this Article;
6. Roof signs;
7. Searchlights;
8. Spinners, balloons, pennants, or other similar devices;
9. Swinging signs.
10. No vehicle, including trailers, shali be parked so that it functions primarily as a sign. A
vehicle will be considered in vioiation of this provision if questions a. through c.,
below, can be answered in the affirmative and there is no compelling answer to
question d. to justify the parking location as opposed to some less conspicuous
location.
~ ~\\
.,
J
i
I
,
.
Iff.}
..<
~ . c::.s- -l..\~ 8'~
\?c)' \ "\s- ~ 3\ \
,
'~.
..
a. Is the vehicle parked at a prominent location?
b. Can people driving by the sign easily read the sign?
c. Is the vehicle in the same or similar locations for several hours during the same
day or for several days during the same week? .
"!' Q ~J
d. Are there any stated or apparent reasons, other than for signage purposes, that
justify the vehicle being at that location?
B. Removal of Prohibited or Illegal Signs
In accordance with the following procei:lure, the Building Official or designee. is authorized
to require the r!!moval of any iilegal or prohibited sign:
1. Before taking action to require the removal of any iilegal or prohibited sign, the
.Building Official or designee wiil provide written notice to the owner or operator of
the business to which the sign relates.
2. :The notice wiil specify that the iilegal or prohibited sign must be removed or brought
into compliance with this Article within a reasonable time of such notice.
3. If the sign is not removed or repaired, as the case may be, within the time allowed,
the Building Official or designee is hereby authorized to have the sign removed to be
. used as evidence and assess the costs of removal against the property for collection
in tbe same manner as a property tax.
<-.
...-,~
.,
I
{
,
,
I
i
i
;
,
14-5B-7 Measurement Standards
A. Maximum Sign Area
1. Where the size of a sign is regulated by the area of a wali, an awning or a canopy,
the maximum sign area is calculated as a percentage of the total area of the wall, the
awning, or the canopy on which the sign is affixed.
2. The total building signage on a wall, canopy, or awning shall not exceed the
maximum sign allowance for that wall, canopy, or awning, regardless of the number
of uses or occupants in the building. For example, if the maximum sign area for facia
signs is 15 percent, then no more than 15 percent of any single wall of the building
may be covered by facia signs, regardless of how many businesses are located in the
building. .
B. Measuring Sign Area .
The. area of each sign, regardless of shape, shall be computed by determining the area of
a triangle, rectangle or circle that completely encloses the outer perimeter of the sign face.
In the case of'a sign composed of characters or words that are attached directly to a
building, an appurtenance to a building, or a masonry wall, the area of the sign wiil be
computed by determining the area of a triangle, rectangle, or circle that cOmpletely
encloses the whole group of characters or words.
C. M~suring 'Sign Height
The mqximum height of a sign shall be the measurement from grade to the highest point
on the sign. In.the case where a minimum height is established, the minimum height shall
be measured from grade to the lowest point on the sign.
I
,
14-5B-8 Si ns Permitted b Zone
A. Si9'1 Standards for the ID and OPDH Zones
1. Permitted Signs:
a. . Single Family Uses and Two Family Uses are not allowed to install permanent
signs, except for one small identification building sign and one integral sign and
public flags, as specified in Table 5B-l, below.
Irs
L
C?a \~\, ~ 3\\
~ . CIS - ~ \ l( \0
Signage for non-residential uses in the ID-RS and ID-RM Zones, are permitted
one identification sign. The identification sign may be one of the following types:
facia, awning or monument sign. For Institutional Uses, the sign may also
include copy announcing its services or activities.
Signage for non-residential uses in the ID-C, ID-I, and ID-RP Zones must
comply with the sign regulations contained in Subsection 8B, Sign Standards in
the CO-I, CN-l and MU Zones.
"
Residential uses in any OPDH zone are permitted signage in accordance with the
requirements of the underlying Residential Zone. Non:residential uses approved
as part of a planned development are permitted signage in accordance with the
sign reguiations contained in Subsection 8B, Sign Standards in the CO-I, CN-l
) . and MU Zones.
b.
c.
, .'
~. d.,:
....
'. .
2.....:,Sign Specifications and Provisions
;:,.-~""::::~
y' ';' ::..~;~~~;~~o;::~~:~:IT~~~_~~~~~ I~~ones and O~DH zonesa:e S~bj~~ to t~~
.~---"'-"'~.- "
"'~ b. All signs in the ID-RS and ID-RM Zones are subject to the standards specified in
. Table 5B-1.
~.f . All signs for non-residential uses in the ID-C, ID-I, and ID.RP Zones are subject
} .~: to the standards specified in Table 5B-2.
d. In the OPDH Zone, aiL signs for non-residential uses approved as part of a
. planned development are subject to the standards specified in Table 5B-2.
,- B. .Sign Standards for all Residential Zones, except the MU Zone
,"" -----
. 1. Permitted Si9.!1.~_
a. Principal uses, other than Singie-Family Uses and Two Family Uses, are
permitted one identification sign. The identification sign may be one of the
following types: facia, awning or monument sign. For Institutional Uses, the sign
may also include copy announcing its services or activities:
,. "\
b. Single Family Uses and Two Family Uses are not allowed to install permanent
signs, except for one small identification building sign and one integral sign and
public flags, as specified in Table SB-l, below.
, ;
2. Sign Specifications and Provisions
. Aii signs in Residential Zones, except the MU Zone, are subject to the standards
_ specified in Table 5B-1.
I'll
AJ
~. ClS -LH '6<.0
~o.\~'\,,3~1
ID-RS. RR.l. RS-5. RS-8. RS-12. RNC-12 4sq. ft.
Facia'Sign1 ID-RM. RM-12. RM-20. RNC-20. RNC-44.
PRM 12sq. ft.
L.
12 sq. ft. per sign face.
ID-RS. RR.l. RS-5. RS-8. RS-12. RNC-12 May be double-faced for a
total area of 24 sq.fl.
M:lnumentSign1
ID-RM. RM-12. RM-20. RNC-20. RM-44. 24 sq. ft. per sign face.
PRM May be double-faced for a
\ total area of48 sq.ft.
;
Awning Sign1
ID-RS. RR.l. RS-5. RS-8. RS-12. RNC-12.
ID-RM. RM-12. RM-20. RNC-20. RM-44.
PRM
12 sq. ft. or 25% of awning
surface, whichever is less
.,
ID-RS. RR.l. RS-5. RS-8. RS-12. RNC.12.
Directional signs IO-RM, RM-12, RM-20, RNC-20, RM-44,
PRM
2 sq. ft. per face
May be double-faced fOf
tota\areaof4sq.1t.
Max. Height: Top offirsl
story.
Umited to identification
onIj.exrep\asalio'M!<lfo!
Institutional Uses.
Not alowed fo! Sing~
Family and Two Family
Uses.
Max. Height: 5ft
Umitedto kfentification
only, except as allowed for
InstilutionalUses.
Not allowed for Single
Family and Two Family
Uses.
Max. Height: 5 ft
Limited to identification
only, except as allowed for
Inslit1Jtional Uses.
Not allowed for Single
Family and Two Family
Uses.
Max. Height: Top offirsl
slolY
Limitecl to identification
only, except as allowed for
Institutional Uses.
Not allowed for Single
Family and Two Family
Uses.
,
.
,
1
t
Sm~I'
identfficationsign
ID-RS. RR.l. RS-5. RS-8. RS-12. RNC.12.
II).RM. RM-12. RM-20. RNC-20. RM-44.
PRM
2 sq. ft.
Integral sign
ID.RS. RR.l. RS-5. RS-8. RS-12. RNC-12.
II).RM. RM-12. RM-20. RNC-20. RM-44.
PRM
ID-RS. RR.l. RS-5. RS-8. RS-12. RNC.12.
ID.RM. RM-12. RM-20. RNC-20. RM-44.
PRM
2 sq. ft.
PUb)ic,F'f9s
The sign must be a building
sign.
Up to one of these signs is
allowed per building.
No permit is required.
Up to one of these signs is
allowed per building.
No permit is required.
1 Only one sign is permitted; one facia sign, one awning sign, ocone monu nt sign (See 14-58-8A-1.b.,above)
No permit is required.
~:.
,
~.. ^ c, C. Sign Standards in the COol, CN-l and MU Zones
1. All signs in the CO-1, CN-1, and MU Zones are subject to the standards specified in
Table 56-2.
2. Except for identification banr.ers and monument signs, any number of signs may be
. installed, provided the maximum sign area' for each type of sign is not exceeded.
The number of identification banners and monument signs is limited according to the
provisions specified in Table 56-2.
3. Signage for residential uses must comply with the requirements for residential uses in
the RM zones 3S stated in Table 56-1.
11'7
~ . \ "\~ ~ ~ n
Facia Signs
Canopy Signs
Identification
Banners
15% allowance per
s~nwall
8sq. ft. per sign
18 sq. ft. per
banner
Top of first
stOf)', except
as allowed
for parapet
signs
Top of first
story
20ft
Parapet signs are allowed, but only on one-story buildings.
Up to two identification banJ1er signs may be affixed to each parking area
light pole, provided that the foRewing conditions are met:
. \he parking area must contain at least 200 parking spaces and be'
shared by multiple commercial uses.
The light poles on which banners are affixed must be spaced at least
80 feel apart.
Each banner can be no more than 3 ft wide and 6 ft in height.
. The banner must be mounted or affixed so that the bottom edge of the
sign is alleast 101eel above grade and the top edge of the sign is no
higher than 20 feet above grade.
. The banner signs must be consistent in appearance and size.
The permit for the banner sign shall be valid for no more than one (1} year.
However, the permit will be renewable if the banner signs are in good
condition or are replaced with new banner signs.
Monument signs
Awning signs
Window signs
Time &
Temperature
Signs
Barber Poles
~'~ ~.;..
Directional signs
Identification &
Integral signs
Flags .
QlJickVehicle
Servicing Signs
Upt02sq. flof
sign area per lineal
foolof~lfrontage.
not to exceed 50
sq. ft. per sign face.
May be doubl..
faced for a total
area of 100 sq. fl.
per sign.
. 25% of awning
surface
25% of window
area
25 sq. It per sign
face
May be double-
faced for a total of
50 sq. ft.
5 ft.
Top of first
story
3sq. fLpersign:-, , ,,,-~:;-,,-,.,...--,
face
May be doubl..
faced for total area
of6sq. ft.
2 sq. ft.
Two or more uses 011 a single lot m~y share a common monument sign.
The number of monument signs on a lot or tract is limited as follows:
For lots or tracts with less than 160 feet of frontage on a single street,
only one monument sign is permitted along that frontage.
. For lots or tracts with 16010300 feel of frontage along a single streel,
up 10 2 monument signs are permitted. The monument signs must be
alleast 150 feel apart as meesured along the frontage.
For tots or tracts with frontage in excess of 300 11 along a single street,
up to '3 monuments signs are permitted, provided the signs are at least
150 ft apart as measured along the frontage.
. For lots Of tracts with frontage along more than one street, each
frontage is allowed signs based on the formulas stated above up to a
maximum of 5 signs. Any sign that is located within 25 feet of a comer
(at the point where property tines intersect) will count as two signs; one
toward the sign allowance for each frontage.
Shall not project more than 6 ft. into public right of way.
Maximum diameter: 9 inches
Maximum length: 3 ft
=--"~-.."...~+~'" .-.-.=.~~-
._._.~-_.-
~-~..-'--
Up to one of these signs is allowed per building.
No permit is requlred.
One private flag may be displayed in conjunction with public flags.
No permit is required.
Allowed for Quick Vehicle Servicing Uses.
No permit is required.
Iff
- .-
~o .\\\~3~1
~. as- -4t'iS'-o
D.
Sign Standards in the uCH_1, CC-2 iil1d CI-l Zones
1. All signs in the CH-l, CC-2, and CI-l Zones are subject to the standards specified in
Table 58-3.
2. The total number of freestanding signs, freestanding wide-base signs and monument
signs on a lot or tract is limited as follows. Any combination of these three types of
signs is allowed within the stated limits.
a. For lots or tracts with less than 160 feet of frontage on a single street, only one
such sign is permitted along that frontage. Freestanding wide-based signs are
not permitted on lots or tracts with less than 160 feet of frontage.
b. For lots or tracts with 160 to 300 feet of frontage aiong a single street, up to 2
such signs are permitted, provided the signs are at least 150 feet apart as
measured along the frontage.
c. For lots or tracts with 301 to 600 feet of frontage aiong a single street, up to 3
such signs are permitted, provided the signs are at least 150 feet apart as
measured along the frontage.
d. For lots or tracts with frontage in. excess of 600 feet along a single street, up to
3 such signs are permitted, provided the signs are at least 150 feet apart as
measured along the frontage. One additional mom:. nent sign is allowed,
provided the sign is at least 150 feet from any other monument, freestanding,
or freestanding wide-base sign.
e. For lots or tracts with frontage along more than one street, each frontage is
allowed signs based on the formulas stated in subparagraphs a. through d.,
above. However, a maximum of 5 such signs are allowed on anyone lot or
tract. Any sign that is located within 25 feet of a corner (the point where
property lines intersect) will count as two signs; one toward the sign allowance
for each frontage.
3. Other than for the types of signs listed in paragraph 2, above, any number of signs
may be installed, provided the maximum sign area for each type of sign is not
exceeded and the provisions specified in Table 58-3 are met.
4. Signage for residential uses must comply with the requirements for residential uses in
the RM zones as stated in Table 58-1.
Facia signs
Canopy signs
Top of first story
Freestanding
signs
Up 10 2 sq. fl. per lineal foot
of lot frontage, not 10 exceed
125 sq. fl. per sign face. May
be double-faced for a total
area of 250 square feel.
Additional sign area is.
allowed in the CH-1 Zone as
follOws. For property within
1,000 feet of an interstate
highway right-of-way, one of
the property's allotted
freestanding signs is allowed
up to 250 sq. fI per sign face,
which may be double-faced
for a total area of 500 sq. fI.
When 2 or more uses are located on a lot, a common
freestanding or monument sign may be installed. The maximum
area of the common sign may be 50% larger than the area of
the maximum individual sign allowed.
The number of signs is limited according to paragraph 0.2.,
above.
25 feet,
however, in the
CH-1 District,
property within
1,000 feet of an
interstate
highway right of
way may have 1
freestanding
sign with a
maximum height
not to exceed 65
feet.
".'
"
o
.\1.
-j
"'~'''''-'''''~~-':'---~-'''~''-~_~IlI.T -.. -_..........-J
Iry
~. d-OCl i 311
~,as -4\.. 'iI'\o
Freestanding,
WkIe Base signs
Monumenlsigns
Masonry Wall
Sign
Identification
Banners
Awning signs
Window signs
Directional signs
Drive-Through
RestauranlMenu
Signs
Time &
Temperature
Signs
BartJerPoIes
kientification&
Integral signs
Flags
Quick Vehicle
Servicing Signs
Up to 2 sq. ft. per lineal 1001
of lot froolage, not to exceed
125 sq. ft. per sign face.
May be doubfe..faced for a
totaJ of 250 sq. ft.
Up to 2 sq. ft. per lineal foot
of lot frontage, not 10 exceed
so sq. ft. per sign face. May
be double-faced for a total
area of 100 sq. ft.
Up 10 1 sq. fl. per lineal fool
of lot frontage, not 10 exceed
50 sq. ft. per sign.
In addition, lhe sign may not
exceed 15% of the lotal area
of the face of the masonry
wall.
18 sq. ft. perbanner
25% of a\YI'ling surface
25% of window area
3 sq. ft. per sign face
May be double-faced for total
area of6 sq. ft.
Area: to sq. ft.
25 sq. ftpersignface.
May be double-faced for a
total area of 50 sq. ft
2 sq. ft.
26ft.
5ft
1ft.lesslhan.
the height of lhe
masonry wall,
not 10 exceed 12
feet
20ft
Top of first slory
Maximumwidlh: 10ft.
When 2 or more uses are located on a 101, a common sign may
be installed. The maximum area of \he commoo sign may b&
50% larger than the area oftha maximum individual sign
allowed.
The number of signs is limited according to paragrap/'l 0.2.,
above. However, a freestanding, wide-based sign is only
allowed if the lot frontage is at Ieas1160 feet, and the City
Engineer delennines that the location of the sign wiD nol
. obstrucl the visibUity of vehicles entering or exiling the property.
When 2 or more uses are located on a lot, a common
monument or freestanding sign may be installed. The maximum
area of the common sign may be 50% larger than the area of
the maximum individual sign anowed.
The number of signs is limited according to paragmph 0.2.,
abow.
One masonry waU sign is aHowed, in lieu of a monument.
freestanding,orfreestanding wide-base sign.
For shopping centers, up to I\w identification banner signs may
be affixed to each parking area light pole, provided that the
following conditions are met:
. The parking area must contain at least 200 parking
spaces and be shared by multiple commercial uses.
The light poles on Vtflich banners are affixed must be
spaced at least 80 feet apart
. Each banner can be no more than 3 ft wide and 6 It in
,height
The banner must be mounted or affixecl so that the bottom
edge of the sign is at least 10 feet above grade and lhe
top edge of the sign Is no higher than 2CI feet above
grade.
The banner signs must be consistent in appearance and
size.
The permK for the banner sign shan be valid for no more than
one (1) year. However, the pennKwil1 be renewable if the
banner signs are in good coodition or are replaced with new
banner signs.
L
Only allowed in Zooes'Mlere~1acililiesar&ancwed
for restaurants.
Pennitled only in the CC-2 zone.
Signs must not project more than 6 fl into the public right-of.
way.
Maximum diameter: 9 inches
Maximum length: 3 It
Up to one of 1hese signs is allowed per building.
No permK is required.
One private flag may be displayed in conjunction with public
flags.
No pennilis required.
A1IowecI for Quick Vehicle Servicing Uses.
tlopemli\isrequired.
..,
~'\q,
ey0... . as - 1....\ \. '8'\0
~ .~o \ 6-{ '3 \ l
E. Sign Standards in the CB-2, CB-5 and CB-l0 Zones
1. All signs in the CB-2, CB-5 and CB-10 Zones are subject to the standards specified in
Table 5B-4.
2. Other than for monument signs, storefront projecting signs, and portable signs, any
number of signs may be installed, provided the maximum sign area for each type of
sign is not exceeded and. the. provisions specified in Table 5B-4 are met_The number
of monument signs, projecting signs, and portable signs is specified in Table 5B-4. - -
3. Signage for residential uses must comply with the requirements for residential uses in
the RM zones as stated in Table 5B-1.
Facia signs
Canopy signs
15% of sign wall area
12 sq. ft per sign
Top of first story
Slorefronts up 10 39ft. in
length: 15sq.ft.
Storefronts between 40
Canopy roof signs and 59 ft in length: 25
sQ.ft.
Storefronts >6Oft in
length: 35 sq. ft.
Top offirst slory
Up to one caoopy roof sign is allowed per storefront
The bottom edge of the sign must be located no more
than 4 inches above the canopy.
For storefronts up to 39ft. in length:
. Maximum height of copy: 13"
. Maximum thickness: 6'
For; storefronts between 40 and 59 ft in length:
. Maximum height of copy: 2{}"
. Maximum thickness: 8'
For storefronts >60 ftin length:
. Maximum height of copy: 30"
. Maximum thickness: 10'
24 sq.ft. per sign face.
Monument sign May be double-faced for a
total area of 48 sq. ft.
5 ft.
A'M'Iingsigns 25% of awning surface
Top offnl story
Window signs
25% of window area
Slorefronlprojecting
sign
6sq.ft.
May be double-faced for a
total area of 12 sq. ft.
12ft.
Portable sign
6sq. ft. per sign face.
May be double-faced fora
loIal area of 12 sq fI..
6ft
TIIllE>&
Temperature signs
25 sq. ft. per sign face.
May be double-faced for a
total area of 50 sq. fl
Barbe< Poles
Directional signs
3 sq. fl. per sign face
May be double-faced for
total area of6 sq. ft.
Only one roonument sign is allowed per lot or tract.
VVhen 2 or more uses n located on a lot, a common
monument sign may be installed. A common roonument
sign may identify up to 4 uses per sign face.
Awning signs are only allo\wd if the business does not
have a,projecling sign.
Up to one projecting sign is allowed per storefront
Projecting signs are not permitted if the business has an
awning sign, canopy sign or canopy roof sign.
The sign may not project more than 5 ft. from the
building wall.
The sign may not be illuminated.
The sign must be affixed to the building wall or to a pole
thai is mounted on the building, so that the sign is
perpendicular to the building wall.
The sign may not swing or be easily moved by wind.
A business wishing to install a projecting sign must show
proof of liabnily insurance.
Sign permits are be subject to DesIgn Review according
tolhe procedures specilied in Chapter 8 ofthisTrtIe.
Up to one non-illuminated portable sign is allowed per
storefront.
The sign must be placed on private property or within a
designated sidewalk cafe na.
The sign may not block access to any doorway.
The sign must be moved inside the business when the
business is dosed.
The sign must be weighted althe base to provide
slabi~ty as approved by the Building Official or designee.
A maximum of2 sign faces are allowed per sign.
Signs must not project more than 6 ft. into the public: .
right-of-way
Maximum diameter: 9 i]1Ches
Maximum length: 3 ft
I'
c:\dl
-,-..,
'>
~. \DS--~~8'\o
<?G o,O~ '\ '0(,
- ldentiftalion&- --- -----'- - -- -Up to one of these signs is anowed per bUildiO'g. -
Integral signs 2sq,ft. - No permit is required.
One private flag may be displayed in conjunction 'oWh
Rags - - public flags.
No permit is required.
QuickVehk:le - - Allowed for Quick Vehicle Servicing Uses.
ServicingS<gns No permit is required.
F.
Sign Standards in the Industrial and Research Park Zones
1. All signs in the I-I, 1-,2, RDP, and ORP Zones are subject to the standards specified in .
Ta~le 56-5. 6' ~
.\'
2. The total number of freestanding signs and monument signs on a lot or tract is
limited as follows. Any combination of these types of signs is allowed within the
stated limits. T
a. For lots or tracts with less than 160 feet of frontage on a single street, 'only one
such sign is permitted along that frontage.
_ I t
b. For lots or tracts with frontage in excess of 160 feet of frontage alo~g a single
street, up to 2 such signs are permitted, provided the signs are located at least
150 feet apart as measured along the frontage. .
c. For lots or tracts with frontage along more than one street, each frontage is'
allowed signs based on the fonnulas stated in subparagraphs,a. and b., above.
3. Masonry wall signs are limited accordhig to the provisions' specified in Table 56-5.
4. Other than for the types of signs listed in paragraphs 2 and 3, above, any number of
signs may be installed, provided the maximum sign area for each type of sign is not
exceeded and the provisions specified in Table 5B-5are met:
"
Must not exceed 25% of awning Height Top of .-,.
Awning signs surface or 12 sq. ft. per sign. first story , ;'
whichever is less. . " ,.,
Canopy Signs 12 sq. ft per sign HeigIrt:Topof
first story \;
Facia signs 15% of sign wall area t., ; .. \.
VVhen 2ormore uses are located on a lot, a common \
1 sq,ft,per6ne~lootoflotfronlage. sign may be installed. The inaxiinum area of the,;
common sign may be 50% larger than the area of~
Freestanding signs not to exceed 50 sq, It He;ght251t maximum individual sign allowed. 'l. ; ;i
May be double-faced for a total of 1 00 The number of signs is limited acCording to paragraph
sq. It G.2., above. ;" l'
Freestanding signs are limited to id8ntification ooly. ~ \
,.
Up to 2 sq. It per lineal fool ot lot When 2 or more uses are located on a lot, a common
frontage,noltoexCElEld$75sq. fl. 5ft sign maybe installed. The maximwn'areaofttle
Monument signs per sign face. conunon sign may be 50% Iafger than the area of the
May be double-taced for a total area of maximum individual sign a1iowed.( ",::; -~: .-;
150 sq. ft, Monument signs are Umited to identif~ onlY. .
Up to 2 sq. ft. per lineal foot of lot AI each entranceway, up to 2 masorny ~U sign~ may tKi
frontage, not to exceed 75 sq. ft. per 1ft:lesslhan established, ~ no freestanding, monumentor other non-
sign face.
Maybe double-faced for a total area of the height of buildingsignsarelocatedatthatentranc:eway..
Masonry Wan Signs 150 sq. ft. the masonry In the ORP zone, masonry wall signs tiptO.twetve.(12)
In addition, the sign may not exceed wan feet in height may be established In the required froot
setback provided the signs are located a minimum of
15% of the IotaI area of the face of the """"Y (20) feet bacllfrom streeIrlght'ot...ay'lineS, :
masonry wall. "." 'I
WIndow signs 25% of window area
)
I"
<x.:tl.
--------.---
~ . <JS - LH ~ .\0
C?o .d.()~ ~ ~n
--,
,
;.
Directiooalsigns
3 sq. It per sign face
May be double-_fortotal....d6
sq. ft. .
2 sq. ft.
I'
,'1....
$
,
Identification &
Inlegr.lJslgns
Up to one of these signs is allowed JierbuiJding. t
No pennit is required. \
One priva\e ttag may be displayed in conjunclion with
puIll<ttags. . . I
No permit is required.
Rags.
14-5B-9 Non-Permanent, Off-Premise, and Other Special Signs
. : 1 ;-"J
-:. ,:)... h~
A. In addition to the signage permitted in each zone, as described in Section 8; above, the
following signs may be installed in any zone according to the specifications and' provisions
contained in Table 56-6. These signs shall not be applied toward the maximum .sigp area,
specified in Section 8, except as otherwise indicated in the Table 5B-6. " .: ~ .
.' .,::
B. Banners are not permitted, except as allowed for Special Event Signs and Going Out of
Business Signs, as specified in Table 5B-6. .: -., ::'
{
~
i
Construction signs
In Residential Zones;
Area:.32sq.ft.per"~-.. ~_ ~. '-5f1~
May be double faced for a In Non-Residential
totald64 sq. It Zones:l01t
'-. r
Nopennnrequiied. , ,~ : ~~ \
Must not be illuminated. ..~_'~
~!!"l!!!l,>e_~,! "....... ..;
~~cklserlh~5fttoa~rtyr~-If~ed - -~~
onthewaDofabuilding.fenceorprolective~ 'f'
.surroundingtheconstruc1ion. f""
/'
,
Real Estate
Develop"""'l
signs
32 sq. ft. per face
May be doobie faced for.
totaJd64sq.1t
10ft
No permit is requirecl. _ _ ,,:;I
One non-iUuminated monument sign per develOpment of 2
8Cre$ormore ~'i
Shall be removed upon sale or lease of 50% of lots or ooits
inthe~rnenl ":j'. ,~:I,
These signs shaD not be considered off-premises sigQs,.J....
provided Ihey are located on land that is part of the subject
subdMsIon or development , .'" J
",'
4'"
Real Estate signs
In ResidenI.ialZones: 4sq,fl;
May be doob\e-_ for a
total area of8 sq. ft.
In Noo-fesidentiaI Zooes: 32
sq. ft.; May be doo~..faced
fora total area of 64 sq. ft.
In Residential Zones:
5ft
lri Non-Residential
Zones: 10 It
Nopemlitis~, I:"~l
One noo-iDuminated sign is pennitted per lot ,; (.. '_'
Signs plac:edon a feoce or the wall of a building8l}t not
subjecttothesetbackrequirernent. 1( ,_ ,
Must be removed vnthin 43 hours after the sale of the
property.
r
,
.,
Signs in windows
No pennft is required.
Posters and other non-pennanent signs in windows are
anowed.
,
;Of
1
,
Going-Oot-of.
Buslnesssigns
100sq.1t
One non-iIluminated sign per lot is allowed,
Special events sign restricted to 4 times ~ 12 month period
end siJ1gIe duration d 30 days .
May include baMers. but not any sign prohibited ~ SectIon
6 of this Article. Prohibited Signs. ",
J
Must not be iDuminated. . J
May be dlsp/ayed for up 1060 days; r ;
Restricted 10 once in a 12-month period for single business,
'May InctudO banners. b~ nol any sign PioIiibited by Section
6of\hiSArticIe.ProhibitedSigns.
.1'. ,:,,' t
Special Events
. 100 sq. ft.
Temporary signs
12sq.ft.perface
Maybe__fortotaJ
of 24 sq. ft.
Height 10ft
"
No permiI is required. ,~
One non-iO'uminated sign per lot is aDowed.t
Signs shall not be displayed for more Ihan 60 days.
,
~1J-3
~. CJS"-Y;\ ~~
~'C~(JY.1l\ ~__"
4
-- -- ( , --
In 10 and Residential Zones: In 10 and Residential
32 sq. ft. per sign face; May be Zones: 5 ft ;,
double-faced for a total of 64 In aD other Zones: In 10 and in Residential Zones, one monument sign Is
Development sq.ft
signs In aU other Zones: Not to Not to exceed the alklwed at each street entrance to a subdMsion.
exceed the maximum sign maximum height for In aD other Zones, one fnlestanding Of ~.fment ~n is
area for the subject sign type 1hesubjeclslgntype allowed at each street entrance to a subdivision.
ass~inlheapplicable as speci6ed in the l~i;J j'
zone. applicabo zone.
,,i-,I(:.:
()ff.Premises signs are notpennltted In ResIdentIal, Co.1..
CN-1.CB-5.CB-10.0RPendRDPZones." , .
May take the form of any type of sign allowed In !he zone in
Not to exceed the maximum _lhesign Is located end mustcomp~wilIl.allolher
sign area fof the subtect sign provIsIonsspeciledforlhesubjectzooe. '"
type as specified in Ihe Not to exceed the Only one off-lX'8fIlises sign is allowed per lot or tract.
,"nboanlsend applicable ZOfIe and will be maxlnurn sign height Two or more uses may instaD a cominOO'~ises
OtherOlt- deducted from the maximum for the subject sign directional sign. ~ .~ ..\.>;-"'- ~ . ,-,
Premises Signs sign allowance forthe subject type as specified in No off-premises sign shaD be 1ocated'Mthi\300ft. of
property. the applicable zone. anotheroff.~sesslgn. ~...,.'
No off-premlses sign shaU be located withiri 120flofa .
BUIboards: 72 sq. It May be BiDboards:25ft Resklenial Zone. Pm end Open spaai Use: EdUcationol
double-faced for a total area of Facilly. Ral~_ Group Assembly Use. pobIic
144 sq. ft. museum or gowmmenl administrative Of judicial office.
Billboard signs shall not app/y toward maxi~um sign
aIIowarx:e for the lot or tract. ~~J. ~ l ':
.1' ( ,
)!!;:rr;..
14-5B-10 Privatel -Owned 5i ns in Public Places
:-:::l
A.
Purpose :.'"
In order to promote the health, safety and general welfare of the population;'\lo privately-
owned signs shall be placed on or over a public place, as defined in Article 1 +9C, except
as permitted by the City Code.
Removal
"
B.
.e
\
~
EXisting privately-owned signs currently located on or over a public place that are not in
compliance with the City Code shall be eliminated and removed. If the sign owner fails to
remove the sign after so ordered by the City, the City may remove the sign and assess the
co~ against the sign owner.
C. SpeCial Provisions
, . . r ~
; 1:. 'Signs associated with parades, marches, public entertainment, public demonstrations,
- 'or the commercial use of sidewalks that are located on or over a public place are
subject to the provisions of Title la, Chapters 1, 2, and 3 of the City Code. Any signs
.'i' 'located on or over the City Plaza are subject to the provisions of Title la, Chapter 5
_, 'of.the City Code.
. 2. ~ ;n,e City, Manager or designee may approve and execute applications on the City's
Qehalf for the placement of privately-owned signs on or over a public place upon
l' finding that the signs: .
r J ! ~
. a. Provide information and guidance to locations of general public interest; and
b. . Will not create a hazard to movement along or within a publiC place, restrict
access to a public place, or interfere with the convenience and tranquility of the
. area adjacent to a public place.
Article C. Access Management Standards
14-5C-1 Pur ose
" ".;.
The purpose of this Article is to ensure safe and adequate access to the public street network
by establishing standards to control the location and number of access points, separate and
control intersection confiict areas, remove turning vehicles from through-travel lanes when
appfopriate, provide adequate spacing between driveways, and minimize impervious driveway
surface.in'.the parkway portion of the public right-of-way. These standards help to ensure that
the City's street network is designed to balance the functions of access to adjoining property,
oedesman circulation, and vehicular traffic drculation.
'I
~
..
~ ;"'J
:Jvy
,'-'
"
,
"
4
./
,
,
.-
,
j
1
t
t';;'"
t.
,
.,
,
I'
I
,
'r_- .
.;...
~
I
-,
;
~ . os - <-\, 8''0
::(os "tS :3 (1
I
A. ~ It is'unlawful for any person to cut, break, or remove any curb along a street except in
, compliance ~lth ,the requirements of this Article. '
B. No building permit will be issued and no site plan or subdivision will be approved unless
. the proposed development is in compliance with the requirements of this Article.
C. Every.residential and nonresidential property will be permitted at least one means of
.vehicular access to a public street. However, direct driveway access to a public street may
not be permitted in all instances. Use of alleys, private rear lanes, ba.ckage roads, and
cross-access easements may be required as alternatives to direct street access.
D. The specifications, design, and construction of all curb cuts, access drives and sidewalks
.must comply with the Iowa City Municipal Design Standards (MDS), as amended. In cases
where the provisions of the MDS conflict with the provisions of this Article, the provisions
of this Article shall govern.
E. Artelial Streets, as referenced in this Article, are those streets shown on the Iowa City
Arterial Street Map in Figure 5e1, below, and include future arterial streets as shown on
the map.
- ~-- - '--' -
A. EXcept as otherwise specified in subsections B through 0, below, an access permit must be
'obtained prior to cutting, breaking, or removi~g any curb. Procedures for obtaining an
I accessfpermit are specified In Chapter 8 of this Title, Review and ApProval Procedures. '
B: ; An'~cc~ permit is always required for access to an arterial street, unless the specific
access point has already been approved through the site plan review process. ,
C. .: ;0(10&' and coll~or streets, if access locations are specified and approved as a part of a
subdivision or site plan review process, separate access permits are not required upon
. . development of the individual lots within .the subdivision. However, an access permit is
r'ec(uired if the request for an access point is other than what was approved through the
- site plan review'or the subdivision process or if access was not addressed through the
'''.L: ~~bdivision or site plan review process.
~D.. fo,~~,ccess to.a state highway, an access permi~st b~ approved ~ the Iowa _
~ -~Di:"dlti"~,,t-of'Trans]56fta"'t16i1(I00T),iVitti a recommenOation frOii1 the City. A
.".!~ " recommendation from the City is required prior to filing an application with the IDOT. ,
- f : However, a separate City access permit is not required. .'
'-.. E..:., A Certificate of Appr~priateness issued by the Historic Preservation Commission is required
" fOr",my n~access tOPF.Clpe,r!y,.qesignated as an Iowa City Landmark or property located
in a Historic District. '.,-" , ..
,
c
t
I
14-5C-3 Permit Re uired
.....
"
i-",
14-5C-4 Drivewa 5 acin 5tandards
-: '~,r"io. j,'.
A. Driveway Spacing from Street Intersections
On corner lots, driveways must be constructed as far away from the intersection as
possible while maintaining the driveway spacing standards specified in subsection B,
l"below.' In'a.ddition to this general standard, the following standards apply, based on the
functional classification of the street.
. "'J . ,.
_ 1. _ ~long local streets and collector streets there must be a minimum of twenty (20) feet
between the end of a radius of a street intersection and the beginning of a driveway
,~ curb cut as measured at the curb line, except as required in the paragraph 2, below.
,2. Along collector streets, where they intersect with arterial streets, there must be a
- 'minimum of 50 feet between the end of a radius of a street intersection and the
. ; ;;~beginning of a driveway curb cut as measured at the curb line.
3. ,Along arterial streets there must be a minimum of 150 feet between the end of a
, ..". ",.radius of a street intersection and the beginning of a driveway curb cut as measured
at the curb line.
".' P-'\;.-,
4. Additional distance between the radius of a street intersection and the beginning of a
-, driveway curb cut may be required by the City where d~med necessary due to high
traffic volumes or other safety concerns. .
, ~.,"!he City may adjust the driveway spacing standards, so that driveways line up with
',.. ,..'" existing driveways across the street.
~.
~Q$'"
~. GS--'-\\'&'lo
\?a' d,()<O ~ 3l \
- .. LMini~um Spacing Ikrtv.ieen Driveways - - =----- .- --- -
1. Along arterial streets there must be at least 50 feet between curb cuts, measured at
the curb line. No portion ot'a driveway may be constructed within 25 feet of a side
'..l property line extended, except when a common driveway agreement has been
. _ reached with an adjacent property. owner and is of record.
2. Along local and collector streets, there must be at least 6 feet between curb cuts,
. d measured at the curb line. No portion of a driveway may be constructed closer than 3
'"feet to a side property line extended, except when a common driveway agreement
'f"O""" '. ..~. .
._',!1as been reached with an adjacent property owner and is of record. .
C. Modifications to Driveway Spacing Standards
If.it can be demonstrated that there is practical difficulty meeting a driveway spacing
standard contained in this Section due to topographical limitations, natural features of the
. site, 'or other circumStances peculiar to the property in question, a property owner may
"
, request a modification or waiver of said standard according to the applicable approval
, crlteria.for a Minor Modification as set forth in Article 14-46.
14-5C-5 Location and Dimensional Standards for Drivewa s
l()!
,
The folloWing location and dimensional standards for access points provide the opportunity for
access to.streets while setting limits on the number of curb cuts permitted and the width of
drivewa~:, Maximums are intended as an upper limit on the number and dimensions of
driveways and should not be construed as minimum requirements. In many cases, fewer and
narrower'driveways may be desirable to reduce interruption of the City's street and sidewalk
systei11;tb preServe opportunities for on-street parking, and to reduce impervious surface and
storm water run-off. -
A. H.oiise.hold Uving Uses, except Multi-Family Uses
:; 1. .~ j;ioup Households ,
Group Households must comply with the access regulations that pertain to the type
of dwelling in which the Group Household is located. For example, a Group
(i - ,: lQ ;Household located in a Two Family Use must comply with the access regulations for
j," "3 ,Jtwo Family Uses. . "
2. Number of Access Points Allowed
. a. For Detached Single Family Dwellings 'Wd Deta~h~ Zero Lot Line Dwellings, a
maximum of two access points may be approved per property, regardless of
whether it is a single 'frontage, double frontage, or corner lot. For lots with less
..., than 50 feet of frontage, only one access point is allowed.
. b. For Attached Single Family Dwellings and Two Family Uses, a maximum of one
access point per dwelling unit will be allowed, regardless of whether it is a single
frontage, double frontage, or corner lot.
3. Access Based on Street Classification
Direct lot access to City streets is allowed according to the following rules. Single
Family and Two Family Uses must also comply with the Single Family Site
Development Standards as set forth in Section 14-2A-6 and/or according to any
applicable provisions of the Single Family Density Bonus Options set forth In Section
14-2A-7.
a. If two access points are approved for a single iot, the primary access drive must
be from the lower classified street. '
b. Where a lot is adjacent to a paved alley or paved private rear lane, primary
access must be from the alley or.private rear lane, unless due to topographical
limitations or other unique circumstances such access is not feasible.
c. For properties without feasible access to a paved alley or paved private rear
lane, the primary access may be iocated along a local or collector street. For
lots with frontage along more than one street, primary access must be located
along the lower classified street.
=<010
_____ _~.~~-L\\~\o _ ______ . \?O'~\;)\ '\ '3\
d. Direct lot access to an arterial street may be requested when access to a paved I,
alley, private rear lane, local street, or collector street is not feasible due to
inadequate frontage, topographical limitations or other unique circumstances.
When land is being subdivided or resubdivided into lots intended for Single
Family or Two Family Uses, individual lot access to arterial streets is
discouraged. The City, at its discretion, may deny a request for a subdivision
design that would necessitate individual lot access for Singie Family and Two
Family Uses to an arterial street. Requests for direct lot access to an arterial
street are subject to the provisions of Section 6 of this Article, Arterial Street
Access Requirements.
e. For Two Family Uses and Attached Single Family Dwellings in the RS-S and RS-8
Zone; if access to a paved alley or private rear lane is not feasible, the garage
entrance and access drive for a dwelling unit must be oriented towards the
same street as that dwelling unit's main entrance.
4. Narrow Lots
Additional access restrictions may apply to lots less than 60 feet in width. See the
Single Family Site Development Standards contained in Article 14-2A, Single Family
Residential Zones.
5: Shared Driveways
Dwellings may share drives and aisles provided that a shiired access easement is
secured from the owners of each property sharing the drive or aisle. The easement
!)lust be recorded and proof of such recording must be submitted prior to issuance of
an access permit.
6. Dimensional Standards
a. For alley or rear lane access, the driveway is allowed to be as wide as necessary
to provide access to the garage or parking space(s).
b. For properties with a single access point, the maximum driveway width is 24
feet measured at the property line and 30 feet measured at the curb line.
c. If tWo access points are approved on a single frontage lot, the maximum
dimension for each driveway is 12 feet measured at the property line and 18
feet measured at the curb line.
d. For Single Family Uses, if two access points are approved, one from an alley or
private rear lane, and one from a street, the primary access drive must be from
the alley or private rear lane. In such a case, the maximum driveway width for
the secondary driveway from the street is 12 feet measured at the property line
and 18 feet measured at the curb line. The access drive from the alley or rear
lane is allowed to be as wide as necessary to provide access to the garage or
parking space(s).
e. For Single Family Uses, if two access points are approved on a double frontage
or corner lot, one on each frontage, maximum driveway width for the primary
driveway is 24 feet measured at the property line and 30 feet me~sured atth~
J "'-", - -eurb'line: The-ii1axiii1uii1-driveWaywiatlnof tHe'seoonoarycffiveway is~ i2 feet
'measured at the property line and 18 feet measured at the curb line.
f. For Two Family Uses, if two access points are approved, one from an alley or
private rear lane, and one from a street, the maximum driveway width for the
driveway from the street is 20 feet at the property line and 26 feet at the curb
line. The aC(;e$s drive from the alley or rear lane is allowed to be as wide as
necessary to provide access to the garage or parking space(s).
g.. For Two Family Uses, if two access point are approved on a double frontage or
corner lot, one on each frontage, the maximum driveway width for each
driveway is 20 feet at the property line and 26 feet at the curb line.
. h. The maximum width for shared driveways is 24 feet measured at the property
line and 30 feet measured at the curb line.
i. Additional driveway width restrictions may apply to lots narrower than 60 feet
(See Single Family Site Development Standards contained in Article 14-2A). .
j. In all cases, at least 50 percent of the area within the front building setback
must remain open space free of impervibus surface. Drives may not be
constructed such that this limit is exceeded, except when a special exception is
granted by the Board of Adjustment according to the applicabie appr()val criteria
as stated in the base zone.
J
A. 01
~ os- -<-{\ '6lo ~O' d..tl ~ c.t :3 n
B. Multi-Family Uses and Group Uving Uses
1. Group Households
Group Households located within Multi-Family Uses are subject to the standards of
this subsection.
2. Determining the Number and Location of Access Points
a. The City will grant direct lot access to local or coliector streets based on the size
of the residential development, anticipated traffic, the location, the surrounding
land uses, and the availability of cross access easements, or aliey or private rear
lane access. Based on these factors, the City will determine the number and
location of access points,
b. Direct lof access to arterial streets may be requested 'if access to an aliey,
private rear lane, local street, or coliector street is not feasible and if access is
not feasible by means of a cross access easement. Requests for direct lot
access to an arterial street are subject to the provisions ()f Section 6 of this
Article, Arterial Street Access Requirements.
c. No more than two driveways will be aliowed on any single frontage property. No
more than three driveways will be aliowed on any double-frontagefcorner lot,
with a maximum of two driveways permitted along anyone street.
3. Driveway Dimensional Standards
The City will determine driveway specifications, including width and configuration of
lanes, for Multi-Family and Group Living Uses based on the size of the deveiopment,
the anticipated traffic generated by the use, the location, the surrounding land uses,
and the functional classification of the street to which the driveway prOVides access.
Driveway widths may not e~ceed 24 feet measured at the property line and 32 feet at
the curb line, except as required by the City for high traffic volume situations.
C. Non-Residential Uses
1. Determining the Number and Location of Access Points
a. The City will grant direct lot access to local or coliector streets that are non-
residential in nature, provided traffic drculation andfor public safety will not be
compromised. The City will determine the number, location, and design of the
access based on the size and location of the nonresidential development, the
type of use, the anticipated traffic and safety issues, and the surrounding land
uses.
b. When a site is being developed or redeveloped for nonresidential uses, existing
access points along local or coliector streets may be retained in most instances.
However, the City may require that an access point be moved or combined with
another access point in order to prevent public safety or traffic circulation
problems that might reasonably be expected to occur due to the development or
redevelopment of the ~ite.
c. Institutional Uses that are aliowed in residential zones may be permitted access
to residential iocal and coliector streets, provided such access does not conflict
with the approvai criteria for provisionai and special exception uses contained in
. .
Article 14-48.
d. Direct lot access to arterial streets may be requested if access to a local or
collector street is not feasible and if access is not feasible by means of a cross
access easement. Requ~sts for direct lot access to an arterial street are subject
to the prOVISions of Section 6 of this Chapter, Arterial Street Access .
Regurrements.
e. No more than two driveways will be aliowed on any single frontage property. No
more than three driveways wlli be aliowed on any double-frontage/corner lot
With a maximum of two driveways permitted along anyone street. '
......
-~--
~o~
6?a . ~o '\ ~ -3 ~1
~ . CJ.s- - Ltt ~~
. ----.-
2. Driveway Dimensional Stanilards
a. The City will determine driveway specifications, including width and
configuration of lanes, for non-residential uses based on the size of the
nonresidential development, ttie anticipated traffic generated by the use, the
location, the surrounding land uses, and the functional classification of the
street to which the driveway provides access. .
b. Driveway widths may not exceed 34 feet measured at the property line and 42
feet at the curb line, except as required by the City for high traffic volume
situations and for commercial and industrial properties that need to
accommodate large truck traffic. The Iowa City Municipal Design Standards, as
amended, describe and illustrate Type A, B, and C driveways that are intended
for these situations. . .
14-5C-6 Arterial Street Access Re uirements
A. Direct lot access to an arterial street (See Figure SC.1, below) will only be granted upon
presentation by the applicant of convincing evidence that an alternative means of access is
not feasible from an intersecting locai or collector street or through means of a cross
access easement.
B. The City will approve or deny a request for direct lot access to an arterial street based on
whether an alternative means of access is available, the size and nature of the proposed
development, the anticipated amount of traffic that will be generated by the development,
the capacity of the surrounding streets, and the character of surrounding land uses. At the
discretion of the City, a traffic study may be required as described in subsection C, below,
for any request for access to an ~rterial street.
C. When an applicant makes a request for driveway access from any use to an arterial street,
either as part of an access permit application or an application for a new subdivision, the
City may require the applicant to conduct and submit a traffic study. The City will
determine the scope of.the traffic study. The traffic study must provide accurate and
convincing evidence justifying the need for the proposed access point and also determine
whether additional traffic control'improvements are necessary for safe access. These .
improvements may include, but are not limited to the following:
1. Right turn lanes;
2. Left turn lanes, including two-way left turn lanes;
3. Opening or closing a median;
4. Cross-access roads or driveways;
5. Installation or modification of traffic signals, or other traffic control devices;
6. Widening or narrowing driveways and improving on-site vehicle storage areas;
7. Consolidating or closing existing'driveways;
8. Relocating or re-orienting accessto provide better sight distance;
9. Redesigning internal road and parking layout;
'10. Modifications to on-street parking or off-street parking.
D. If the City determines that a cross-access easement, road or driveway is required as a
condition of approval, the development must adhere to the standards for cross accesS
easements outlined in Section 7, below. I
E. In addition, to any traffic control improvements required based on the traffic study, the
driveway spacing, iocation, and dimensional standards contained in this Article must be
met. .
~O,\
~.OS-I...{l'l~" \Po' -:(\tl \
~ll
IOWA CITY ARTERIAL STREETS
November 2004
.,
""""",,,,,
c""" "
~ ~
''''^~
.*-.
oJ it
,) tt
,
"::I.,""""r"
--. "'-.<>
. .
'.,'"'~", "..--J ;
....
....
- - - - - Future Arterial Streets
14-5C-7 Cross-Access Easements
.
A. Purpose.
Cross-access easements provide the opportunity to minimize the number of access points
along an arterial street in order to maximize the traffic carrying capacity of the street and
improve the overall safety of the transportation corridor.
B, Applicability and Rules of Interpretation
1. If a property with frontage along an arterial street is proposed to be subdivided,
developed or redeveloped for any Multi-Family, Group Living, Commerciai, or
Industrial Use, a cross-access easement must be provided by the property owner to
all adjoining properties that front on the same arterial street that are or may be
deveioped as Multi-Famiiy, Group Living, Commercial, or Industriai Uses.
2. The City may waive the requirement for a cross-access easement in cases where
unusual topography, existing buildings, utility substations or other unique conditions.
would render such an easement functionally unusable. The City may also waive
cross-access easement requirements between properties that contain dissimilar uses,
such as between residential uses and commercial or industrial uses. .
3. The City may approve the vacation of cross-access easements in those cases where
the adjoining parcels are subsequently developed with a dissimilar use.such as a
single family dwelling or duplex, multi-family dwellings adjacent to commercial uses,
or other similar situation.
C. Requirements
1. The cross access easement must be at least 24 feet in width, unless a narrower width
is approved by the City due to topography, existing buildings, or other site conditions.
2. The drive or lane constructed in the cross-access easement must be at least 20 feet
wide, unless a greater width is required due to fire apparatus access drive
requirements or driveway width requirements contained in Article 14-SA, Off-Street
Parking and Loading Standards.
3. The cross-access drive must meet any other applicable standards for access drives
contained in Article 14-SA, Off-Street Parking and Loading Standards.
., ,
4. Cross-access easements should function as rear service lanes or as traffic circulation
drives between parking areas of adjacent properties. See Figures SC.2 and SC.3,
below.
~\()
n_un ~. a:s:n- '-\.\ \~no.
__~~. n:- \~(.1 () \ l
Figure 5C2 , Rear service lane as a cross access easement
i--i---r--l
I I I J
4Tm 4'r-' 4--r EO] :":::::;
i. 0: Dinl!
I I IVI!
L__-1___L__J 8
ARTERIAL STREET
Rgure 5C.3 - Cross access on a site with shared traffic circulation and parking.
i--i--i---l
4-l-. ..__+m_.I__. (fr] ~:::::;.:
10 It Oil' I
I . ii :+g I!
I roJ "___1m m_j__. ern I ~
~
L__....J__~___Ju
..,.,..
-,
ARTERiAl STREET
5. Permanent structures that would interfere with the proposed access are not
permitted within the easement. Improvements such as medians and parking islands
may be constructed within a cross-access easeme.nt if It can be demonstrated that
adequate circulation and cross-access will be accomplished.
6. The property owner is responsible for properly maintaining the cross-access
easement.
1,
Article D. Intersection Vis,ibility Standards
14-50-1 Pur ose
The Intersection Visibility Standanjs establish triangular areas on corner lots, referred to .herein
as Vision Triangles, within which the placement of buildings, fences, hedges, walls, and other
structures is restricted in order to maintain clear lines of sight at street intersections for the
purposes of traffic and pedestrian safety.
14-50-2 A licabili
Lots located at the corner of any street Intersection must comply with the requirements of this
Article.
The dimensions of vision triangles are determined as follows (See also Figure 50.1, below).
A. At the intersection of two local streets,.a local street with a collector street, or two
collector streets, the legs of the vision triangle will be 30 feet in length, as measured along
the curbllne from the point where the curbs of the two streets intersect. In the absence of
a curb, the legs of the triangle will be 30 feet in length, as measured along the edge of the
street pavement from the point where the pavement of the. two streets intersect.
,"
(
1
'"9
:,..:
.Jj.I
I
I
,
l
14-50-3 Vision Trian les
-
~\I
._~'. _ ~. as -'::'\l ~l..o ____,... _ __ _~':\cr~~\~ ~~\\
B. At .the intersection of two arterial streets, the legs of the triangle will be 30 feet in length, . '. '1
as measured along the right-of-way line from the point the right-of-way lines of the two ". -'.i
streets intersect. . ~
"
C. At the intersection of a local street with an arterial or at the intersection of'a collector "-
. street with an arterial, the local or collector ieg of the triangle will be 30 feet i~ 's .~. ";7'.
'. .' . measured along.the curbllnefrom the point where the curbs of the.streetsinb;~~ct.Th~':"~_;;_..: ' $
arterial leg of the triangle will be 30 feet in length, as measured along the right-of-way IIne~tS'.
from the point the right-of-way lines of the two streets intersect. _
./'
~
"
Figure 5p.l - Vision Triangles at the intersections of various street types
LOCAL or COLLECTOR
30'
30'
CURB
,
,
i
,
,
,
~
,
,
i
i
i
LOCAL or
COLLECTOR
R.OW.
ARTERIAL
30'
30'
ARTERIAL
14-50-4 Standards Within Vision Trian les
I
,.
A. Prohibited Obstructions.
The following obstructions are prohibited within vision triangles:
1. Hedges and walls higher than 2 feet above the curb level;
2. Fences higher than 2 feet above the curb level. However, fences that are of a type
that is less than 20 percent solid, such as split rail, open weave, or wrought iron are
'permitted within the vision triangle, provided that such fences are kept free from.
plantings and other materials that are more than 2 feet in height. Solidity is the
percent of the fence over a random area that is made up of solid, opaque material
that does not allow light or air to pass through.
3. Signs, except as specifically exempted in subsection B, below.
4. Structures of any type, including. principal and accessory buildings, except as
exempted in subsection B, below;
5. Items of outdoor display or storage, including ornamental features, such as
fountains, statues, garden structures and similar features.
6. Parking and vehicular display areas. /
B. . Exemptions
The following structures are exempt from the provisions of this Article.
1. Structures, including signs, in the CB-2, CB-5 and CB-lO Zones.
2. After review by the City, buildings on lots at intersections where both streets are
signalized. The City will approve or deny a request to construct a building within the
vision triangle based on such factors as street right-of-way width', speed and volume
of traffic through the intersection, and the number of turning movements.
3. Utility and street light poles.
4. Traffic control equipment, including controi boxes, traffic signs, and structures that
support traffic signals.
5. Building signs located on buildings that are e~empt from the vision triangle
requirements as specified in paragraphs 1 and 2, above.
.'
.
,
,
. /:
uf
. i
.: ,J
--=',
,
_o;~...
,
"
,
I
I
t
.(
. ~
.\
'""
,1
I
,
"
I
i
~{~
~. c:>s -lJ...\~ \c
~G' ~\~"\ ~\l
--.
6. A sign established according to Article 14-sB, Sign Regulations, provided the bottom
edge of the sign and any supporting structure is at least 8 feet above the adjacent
curb level, so that visual clearance is maintained within the vision triangle. Poles and
supporting structures for signs are prohibited within the vision triangle. '
Article E. Landscaping and Tree Standards
~
1
14-5E-l Pur ose
L
.,..,.j
The intent of this Article is to encourage the retention of existing trees and to provide for the
planting of new trees along streets, on two-family, multi-family and group living residential
properties, and to provide planting and maintenance standards for required trees and
landscaping. Trees and landscaping provide shade, reduce heat island effects in paved areas,
improve the appearance of Iowa City streets and create attractive and functional living
environments that will protect and enhance property values.
Standards for screening and buffering are contained in Article 14-sF, Screening and Buffering
Standards.
, .
.1 .
14-5E-2 A Iication of Provisions
" A.
,
.. , -
,
B.
,.
..t-:
;,
Applicability
No building permit shall be issued for the construction, reconstruction or structural
alteration of a building nor shall any use be established or converted nor shall a certificate
of occupancy be granted for a use without conformity with the provisions of the tree
regulations, unless specifically exempted.
Exemptions
The following are exempt from the requirements of this Article:
1. Any individual lot occupied by a Detached Single Family Dwelling or a Detached Zero
Lot Line Dwelling, including Group Households, if located within such a dwelling.
2. Property in the ID and CB-IO zones.
3. In Commercial Zones, property developed in accordance with the setback
requirements of the base zone in such a manner that insufficient area is available to
achieve compliance with the street tree requirements; however, all trees that can be
provided in compliance with the street tree requirements must be provided.
14-5E-3 General Re uirements and Measurements
A. Permitted Species
The List of Recommended Trees for Iowa City, as established by the City Forester,
specifies the varieties of trees permitted for the uses indicated by this Article. References
to "large" or "small" trees herein refer to the mature he.ights of the trees as indicated in
said List
B. Landscape Plans Required
When the provisions of this Article are appiicable, a landscaping plan must be submitted
that illustrates and lists the following. information:
The size and location of required planting areas;
The mature height (small or large) of both proposed trees and trees that will be
preserved;
The species of trees (both preserved and proposed);
The location of the preserved and proposed trees;
The location of any existing trees within the right-of-way.
,
~ 1.
,., 2.
3.
4.
S.
-
~D
~. CJS' -Y\~\o
c.r~.~\ 1-\ '\ ~\\
C:-Measurements
/r--
;
1'"
1. When measuring to determine the location or spacing of required trees or shrubs, the
distance is measured to the center of the tree or shrub.
2. Where fractional numbers of trees result from caicuiations, the number of trees
required will be rounded to the closest whoie number.
'I.
I
14-SE-4 Tree Plantin Requirements
, .
,
A. . Plantings Required Prior to Occupancy
1. AIi plantings required by this Article must be instalied prior to occupancy or
commencement of a use, except as aliowed in paragraph 2, beiow.
2. If the plantings cannot be instalied prior to occupancy or commencement of a use
due to seasonal conditions that may reduce survivability, the Building Official may
issue a temporary certificate of occupancy and grant a delay of instaliation until the
seasonal calendar dates of June 1 or November 1, whichever occurs first, and the
property owner must place in an escrow account, established with the City, an
amount,w.rlch wlUcover one hundrec[and ten (I)Oo/~) ,percent Qf th~ estimated.coslt:_",,,~;
of plants and installation. .- , \..', {.
B. Planting Sizes
1. Deciduous Trees. At the time of planting deciduous trees must have a single stem
and have a minimum trunk diameter of 1.5 inches measured at a point 6 inches
above ground level or above the top of burlap wrapping. It must demonstrate the
growth capabilities, branching formation and crown balance that are indigenous to
the particuiar variety. The tree must be straight of trunk with the main leader intact
and must be healthy and free of disease and pests.
2. Coniferous Trees. At the time of planting, coniferous trees must have a minimum
height of 3 feet measured from the pianted levei to the top of the tree. The needle
color and branching habits must be normal for the species, and the overall
appearance must be indicative of previous care in pruning and development. The tree
must be healthy and free of disease and pests.
C. Siting Requirements
1. Trees must be located in a manner that, at maturity, will avoid interference with the
construction, maintenance and operation of public and private utilities and services
above or below ground.
2. The minimum planting area required for large trees is 256 square feet. The minimum
planting area required for smali trees is 120 square feet.
3. At the time of planting, trees and plantings must be separated from other structures
and features on a site in order to minimize conflicts as plants mature. Table 5E-l
specifies the minimum spacing between plantings and various features of a site.
However, the minimum distances between trees, between trees and shrubs, and
between shrubs may be reduced by 25 percent to permit design flexibility or to
create denser screening where desired.
\
,
,
\;
-'
."'-
Table Sf-I: Minimum spacing between planting. and ot!lerfeatures
(in feet)
.
Large Tree Small Tree. Shrub
Large Tree 30 24 . 4
SmallT...... 24 16 3
Shrub 4 3 See 14-SF'
Building 14 8 2
Sidewalk 4' 4' 3'
Curb I Pavement 4' 4' 2'
-
! ~
, -
. -
j -
I The minimum distance bel'oNeen plantings and sidewalks or pavement also applies to the anticipated location of
a future sidewalk or paved surface.
2 See spacing requirements listed in Article 14.5F, Screening and Buffering Standards.
'-
'::l.l<-j
CYvt.\ ' CIS -,- ~ l ~ \.0
~Cs_~t~~ ()\l
14-5E-5 Protection and Maintenance
-
,
A. The provisions of this section apply to all plantings required by this Title, whether newly
planted or preserved.
B. Required planting areas must be separated from abutting vehicular use areas, including
parking spaces, drives, aisles, alleys, vehicie display and loading areas, etc., by an
unmountable curb or barrier that is a minimum of five inches in height. The curb or barrier
must be constructed in such a manner that saltwater run-off will not damage the tree or
plantings.
C. The property owner must keep all trees properly maintained, pruned as needed, and free
from trash and litter. It is the responsibility of the property owner to maintain and replace
trees and plantings required by this Title. Required iandscaping must be continuously
maintained in a healthy manner. Plants that die must be repiaced. Improper maintenance,
pruning, or removal of plantings may be subject to municipal infraction proceedings, up to
and inciuding environmental infraction proceedings. Any preserved tree that has been
improperly maintained, pruned, or removed may be required to be replaced by the same
number of trees for which it substituted.
D. Any trees that overhang the public right-of-way must be maintained in accordance with
the provisions of Title 10, Chapter 8 of the City Code, Trees and Plant Materials.
E. Maintenance of trees within street rights-of-way will be the responsibility of the City.
n )
'--'"
14-5E-6 Preservation of Existin Trees
A. Existing trees may be used to comply with the.requirements of Section 7, Street Trees,
Section 8, Tree Requirements for Residential Uses, and to meet the tree requirements for
parking areas contained in Articie 14-SA, Off-Street Parking and Loading Standards.
Existing trees used to satisfy these requirements must be in good health prior to and
following site development. The City Forester is authorized to approve substitutions based
on determination of health and survivability. Table SE-2, Schedule of Substitution Values,
will be used to determine the ratio of substitution. The following provisions must also be
observed.
1. The same minimum separation distances that are required of new plantings must be
observed when possible, except that extant groupings of two or more trees may be
preserved upon approval by the City Forester, who will also determine if trees or
branches must be removed from such groupings in the interest of public safety
and/or to assure survival of the specimen.
2. The Building Official will determine if a preserved tree will be a substitute for a Street
Tree or a Residential Use Tree, depending on its location on a lot.
3. The roots of a tree must be protected during site development with barrier fencing
extending out at ieast as far as the drip line of the tree, or as far as the City Forester
deems necessary to minimize damage. Any limbs that might be damaged during
construction must be pruned according to the direction of the City Forester.
4. No paving or construction will be allowed within the drip line of a preserved tree.
S. Any preserved tree that dies within S years of the issuance of a Certificate of
Occupancy must be replaced by the same number of trees for which it substituted.
Table 5E-2: Schedule of Subslijulion Values
Diameter of Existing Tree (measured 4 feel above ground leveQ SubstltutionVafue
36 inches or more 3 required lrees
121035 inches 2 required trees
2to12inches 1 required tree
NOTE: The substitution value 01 groupings of two or more trees, provided their preservation as a group is approved by the City
Foroster, will be based on the caliper measure of the largesl tree of the group .
~\~
~. 6S -.'-\.\,'g'\o
The requirements of this Section provide for trees along streets to complement and soften the
edges of development, to provide a tree canopy for pedestrians, and to define and unify the
street edge.
A. Applicability
1. Whenever there is conversion or a new use established, the entire lot must comply
with the requirements of this Section.
2. Whenever a principal building(s) is constructed, reconstructed or structurally altered
by one or more additions, the total of which increases the floor area by more than 10
percent, the entire lot must comply with the requirements of this Section.
3. Detached Single Family Dwellings and Detacheq Zero Lot Line Dwellings are exempt
from the requirements of this Section.
B. Street Trees Adjacent to the Public Right-ot-Way
1. On single frontage lots, one large tr~e is required for every 40 linear feet of frontage
or one small tree for every 30 linear feet of frontage, but not less than one tree per
lot.
2. On lots with more than one frontage, one tree is required for every 60 linear feet of
rrontage. .
3. Required trees must be located as follows.
a. . Trees must be planted on private property adjacent to the right-of-way, except
w.hen subparagraphs (b) or (c):apply. For purposes of this Section, "adjacent"
means that large trees must be planted within 14 feet of the right-of-way line
and small trees must be planted within 8 feet of the right-of-way line. All other
siting requirements contained in this Article must be observed.
b. The number of trees required may be reduced by the number of qualifying trees
that already exist in the right-of-way or adjacent to the right-of-way. To qualify,
a tree must meet the requirements of Section 6, Preservation of Existing Trees.
,- . - -"-""'c:=.Trees thaftannof'lie,planfed adjacentto'tne- right-of~way due'toa conflict with -, "
any provision of this Title must be planted within the right-of-way according to
the provisions of Subsection C, Street Trees Within the Public Right-of-Way.
However, trees that cannot be planted in conformity with the provisions of
Subsection C may be omitted. \ .
C. Street Trees Within the Public Right-ot-Way
1. Required street trees are to be planted within the right-of-way only in those cases
where trees cannot be planted adjacent to the street right-of-way in accordance with
Subsection B of this Section.
2. Trees planted in the public right-of-way must meet the following requirements:
a. A tree-pianting permit must be obtained from the City Forester.
b. Trees may not be planted in the area between a curb and a sidewalk if the
width of the planting area is less than 9 feet, unless approved by the City
Forester.
c. All other siting requirements contained in Section 4 of this Article must be
observed.
d. Any tree planted within the street right-of-way must have a single trunk, with a
minimum of four feet from grade to the first branch at the time of planting and
must conform to the requirements of Title 10, Chapter 8, Trees and Plant
Materials, of the City Code.
14-SE-8 Tree Re uirements tor Residential Uses
A. Applicability
1. 'Whenever a principal building(s) containing a Two-Family Use, Multi-Family Use, or
Group Living Use is constructed, reconstructed or structurally altered by one or more
additions, the total of which increases the floor area by more than 10 percent,-the
requirements of this Section are applicable to the entire lot.
.~\"'~ ~\\
,
_. -I
~\I"
~. <JS -~\..~\.o <?().d.n~3n
2. For any Subdivision or Planned Development that contains iease lots, Two Family' ~ - - . . .
Uses, Multi-Family Uses, or Group Living Uses a landscape plan must be submitted
with the preliminary plat or preliminary planned development application illustrating
how the requirements of this section will be met.
B. Minimum Requirements
1. For lots containing Two Family Dwellings, Multi-Family Dwellings, or Group Living
Uses, trees must be planted on site at a minimum ratio of at least one tree for every
SSO square feet of total building coverage of the lot. Any combination of small and
large trees is allowed, provided this coverage ratio Is met.
2. For lease lot developments, trees must be planted at a ratio of one tree for every
o lease lot in the development. Any combination of small and large trees is allowed
provided this coverage ratio is met.
C. Reductions and Substitutions
1. Trees planted to meet the requirements of Section 7, Street Trees, or to meet the
tree requirements for parking areas specified In Article 14-SA, Off-street Parking and
Loading Standards may also be used to fulfill the requirements of this Section.
. '.
2. Existing trees preserved according to the provisions of Section 6 of this Article,
Preservation of Existing Trees, may be used to fulfill the requirements of this Section.
~
Article F. Screening and Buffering Standards
14-SF-l Pur ose
The Screening and Buffering Standards are intended to improye the appearance of Iowa City
streetscapes for the benefit of its citizens; to create aesthetically pleasing and functional living
environments; to protect and enhance property values; and to provide for transitions between
dissimilar uses. This Article contains a menu of screening tools collectively referred to as 5-
series Standards. These standards are applied in situations where uses, activities, materials, or
equipment must be separated from or screened from view of public ways, other zones, or
adjacent properties.
14-SF-2 A Iicabili
.,
~
The screening and buffering standards will be applied throughout this Title, where they will be
referenced with the numbers 51, 52, 53, etc. The regulations in this Article address materials,
placement, layout, and timing of installation. The standards in this Article are expressed as
minimum standards; additional landscaping and screening materials may be used as long as
they do not conflict with the provisions of this Article. .
- ;;"~
14-SF-3 General Re uirements
A. Permitted Plant Species
Table SF-2 lists the various plant species that are allowed to be used to satisfy screening
and buffering requirements. These plants were chosen because of characteristics, such as
hardiness, growth rate, type and density of foliage, and mature height. Deviations from
the listed plants are allowed if the replacement shrubs are similar in form or hardiness to a
permitted variety and are approved by the City.
B. Landscape Plans Required
When provisions of this Article are applicable, a landscaping plan must be submitted with
the request for a building permit, which in addition to the information normally required,
must indicate the following:
1. The size and location of required planting areas;
2. The estimated mature height of required plantings, both preserved and proposed.
'3. The common and scientific names of any required shrubs, including any shrubs
preserved in lieu of new plantings;
, 4. . ' . On the plan, preserved shrubs must be distinguished from new shrubs.
L .~.\l
~
"'..-.=".-=i~
(f>8. ~\'b <\ 0\,\
~- (J~ -~\I(i..c c
14-5F-4 Plantin Re uirements
A.
P/antings Required Prior to Occupancy
1. All plantings required by this Article must be installed prior to occupancy or
commencement of a use, except as allowed in paragraph 2, below.
2. If the plantings cannot be installed prior to occupancy or commencement of a use
due to seasonal 'Conditions that may reduce survivability, the Building Official may
issue a temporary certificate of occupancy and grant a delay of installation until the
seasonal calendar dates of June 1 or November 1, whichever occurs first, and .the
property owner must place in an escrow account, established with the City, an
amount which will cover one hundred and ten (110%) percent of the estimated cost
of piants and installation.
Plant Materials Specifications
1. The minimum planting height of shrubs is 18 to 36 Inches, depending on species or
as noted in the S-series requirements.
.2. The use of muich must be confined to the areas around plantings. Lawn grass or
other living ground cover, such as low-growing shrubs and/or creeping plants should
be used for exposed areas. Decorative landscaping gravel, cobbles or small stones
may be used as a mulch alternative.
Planting Area Specifications
1. The minimum width of a planting area will be specified in the base zone
requirements, use regulations, or development standards for the use or development
being screened or buffered. If not specified in any of the above. listed provisions, the
minimum width of a planting area is S feet. However, a wider planting area may be
needed to accommodate the number and types of plants proposed and the spacing
requirements listed in Tabies SF-l and SF-2.
2. Screening and buffering requirements will often coincide with required trees (See
Article E, Tree Standards). In such a case, the landscaping design and the size and
width of the pianting area must accommodate both trees and shrubs.
Siting Requirements
1. Plantings may not be located in violation of the provisions of Article 14-SD,
Intersection Visibility Standards.
2. At the time of planting, trees and plantings must be separated from other structures
and features on a site in order to minimize conflicts as plants mature. Table SF-l lists
the minimum spacing between plants and between plants and other features and
structures on a site. However, the minimum distances between trees, between trees
and shrubs, and between shrubs may be reduced by 2S percent to permit design . "
fiexibility or to create denser screening where'desired. Distances are measured to the
center of a tree or the appr?ximate center of individual shrubs. j '.:1
B.
c.
D.
Table SF.1: Minimum spacing between plantings and otherfeatllreij(infeet)
Large Tree SmallTfH Shrub ......... .>.
Large Tree 30 2. .
Small Tree 2. 16 3
Shrub . 3 See spacing requirements
in Table SF.3
Building I' 8 2
Sidewalk .' .' 3'
Curb I Pavement .' .' 2'
1 The minimum distance between trees and sidewalks Of pavement also applies to the antlclpQd Iocalion of a
future sidewalk Of paved surface
~\~
,
1"
""_.or--
~. () s- - '-\ \" '€(\o
~.d.\'~ ~\\
------
14-SF-S Protection and Maintenance
A. The provisians .of this sectian apply ta all plantings required by this Title, whether newly
planted .or preserved.
B. Required planting areas must be separated fram abutting vehicular use areas, including
parking spaces, drives, aisles, alleys, vehicle display and loading areas, etc., by an
unmauntable curb .or barrier that is a minimum .of five in~hes in height. The curb .or barrier
must be canstructed in such a manner that saltwater run-aff will nat damage trees .or
plantings.
C. The praperty .owner must keep all plantings praperly maintained, pruned as needed, and
free fram trash and litter. It is the respansibility .of the praperty .owner ta maintain and
replace trees and plantings required by this Title. Required landscaping must be
cantinuausly maintained in a healthy manner. Plants that die must be replaced. Improper
maintenance, pruning, .or remaval .of plantings may be subject ta municipal infractian
praceedings, up ta and including enviranmental infractian praceedings.
D. Any trees that .overhang the public right-af-way must be maintained in accordance with
the pravisi.ons' .of .Title '10, Ch.?pter 8, Trees and Plant Materials, .of the City C.ode.
E. Ta prevent interference with pedestrian traffic, plantings must be lacated appr.opriately
and maintained sa that f.oliage daes nat graw any c1aser than 1 faat t.o the edge .of a
sidewalk .or pedestrian trail. This I-faat setback must be maintained far at least the first 9
feet .of plant height.
F. Maintenance .of trees within street rights-af-way isthe respansibility .of the City.
14-SF-6 Screenin Standards (S-Series)
The screening and buffering standards listed belaw will be applied thraughaut this Title, where
they will be referenced with the numbers SI, 52, 53, etc. The plant varieties listed in listed in
Table SF-2 are ta be used ta satisfy the requirements .of these variaus standards. Deviatians
fram the listed plants are allawed if the replacement shrubs are similar if farm .or hardiness ta a
permitted variety and are appraved by the City.
A. General Buffering, Sl
1. . Intent
The 51 standard is a basic transitianal buffering standard, where planting areas
separate uses fram the public right-af-way, define edges and separate vehicular use
areas fram pedestrians, yet allaw views ta easily penetrate, as far .outdoor sales
display lats and far general landscaping an cammercial praperties.
2. Requirements
A grass lawn must be maintained within the landscaped area, with graupings .of law-
growing shrubs and graund plants. Appraximately half the landscaping plants must
be .of an evergreen variety ta pravide texture and caiar thraughaut the year.
Plantings shauld be arranged ta achieve the desired buffering effect, but there is na
established minimum .or maximum height.
.,
figure 5F.I - General Buffering, 51.
General Buffering, 51
__.1'1.~__
__~/""'t.__
Elevation
(Vcr-lOVe ueee &OGtI as
oVd'lox 00100 dlepl~ Iota
Q:Q900~--=-_IQHn ~OOO~
,
PL.btIG.RO.H.
Plan Vlew
.Q\ ~
,
~.. CJr - L\. \ 'lr\o
'?EFd-~~ ~ ~ ~ \,
B. Variable Height Screen, 52 ,
1. Intent
The 52 standard is a buffering treatment that uses distance and low-level screening
to separate uses from the public right-of-way, from other zones, to define edges and
separate vehicular use areas from pedestrians. The standard is applied where
moderate screening is necessary to soften the impact of uses or paved areas, but
where some visibility between areas is more desirable than a total visual screen.
2. Required Materials.
The 52 standard requires enough shrubs to form a landscape screen ranging
b~tween 2 feet and 4 feet in height. At least a third of the shrubs must grow to no
less than 4 feet in height.
a. Alternative materials (Option A): Low berms or planters may be used to elevate
shrubs as long as the overall height of the screening ranges from 2 feet to 4
feet. At least a third of the shru~s must grow to no less than 4 feet in height.
b. Alternative materials (Option B): A continuous or semi-continuous 2. to 3-foot-
high masonry wall. Breaks in the wall are permitted for sidewalk access and to
accommodate required street trees. One (1) shrub per 10 linear feet of wall, on
average, is required. Shrubs may be grouped, but long stretches without any
shrubs should be avoided. At least a third of the shrubs must grow to no less
than 4 feet in height.
figure 5F.l - Variable Height Screen, 52
Yarl~ble l-!el9hl 5creen. 52
;
:
~
"
~
~. -., - ~
, ....., '-' . "-. ..
, .. .' ; . ^
~,_' ~<_ .."- '.0;'- ~. '...
. . ..... .- --: - ..
El;;:vat.lan
.. l~
PI!," - V1~111
,
.I
:52'
,
r
,.
ElsYstlon .
.~
~
....!"~.. ':~. ~v_'.:;_.
"m.IT
,-," II '!'~ U"' Ji! l,;~l ;
,Hall
.,
.~ .
::t. ;
lh
~ . . t
Rl,in-'-YlsW
C. High Screen, 53
1. Intent
The 53 standard is 11 buffering treatment that uses dense landscape screening to
provide a visual and physical separation between uses and zones. It is commonly
applied between residential uses and commercial and industrial uses and to screen
outdoor work or storage areas.
~~o
~. as -4\ ~\o
- - .~. . Required Materials r
Enough shrubs and small evergreens to form a continuous screen or hedge at least 5
feet to 6 feet in height and more than 50 percent solid year round. Screening ,.,
materials must be at least three 3' feet high when planted. At least half the shrubs
must be evergreen varieties.
. .
a. Alternative materials (Option A). A berm may be used in conjunction with a
hedge to achieve an overall height of 6 feet.
b. Alternative materials (Option B): A continuous or semi-continuous 5 to 6-foot-
high masonry wall or solid fence. Breaks in the wall or fence are permitted for
access and to accommodate required street trees. One (1) shrub per 10 linear
feet of wall, on average, is required. Shrubs may be grouped, but long stretches
without any shrubs should be avoided. At least a third of the shrubs must grow
to no less than 5 feet in height.
Figure 5F3: High Screen, 53
f-ligh 5creen, 53
Eleyatlon
, ,
Corrrnerc.laV lndu6VlallM-
-
Plan VJ~
Indu!!d:rraJUH
~tral !oM
D. Open Pattern Fence or Wall, 54
1. Intent
1 The 54 standard provides a tall, semi-opaque visual separation. The standard is
applied where separation is required, but where visibility between areas is more
desirable than a total visual screen. This standard provides for instances where
security may be an issue and where landscaping is not a practical option.
2. Required Materials
A 4- to 6-foot-high fence of 50 percent or greater opadty constructed of wood, brick,
metal, masonry or other permanent materials.
E. Opaque Fence or Wall, S5
1. Intent
The S5 standard provides a complete visual separation. The standard is applied in
instances where complete screening is needed to protect abutting uses.. This
standard provides for instances where security may be an issue and where
landscaping is not a practical option.
2. Required Materials .
A 4 to 8 foot'high fence, completely opaque, constructed of wood, brick, metal,
masonry or other permanent materials. When used for dumpster or utility enclosures,
the material must match the primary building material or be compl~mentary to it._The
height of the fence or wall will be determined based on the activity, materials, or
equipment being screened. In general the fence or wall should be of sufficient height
to screen the activity, materials, or equipment from public view. .
~
C?cj, d,~\~ '3~1
"
.J
~
~
. ,
-.----..J
~l
~- ClS- -~\ 1S\c
C?o.~d-~~ ~n
\'
--- -
Table SF-2: Permitted Plants for Screening and Buffering'
Plant Mature Height, Form, Color Spacing
Name/varletv
Dwarf Summer Blooming Spirea (Spirea japonica or x bumalda)
Daphne Spirea 1 ft" mounding, pink flowers 3 tt. ~;c. (on
center
Ume Mound Spirea 2 ft., mounding, yellow/green leaves 3,5 ft. o,c.
Japanese White 2 ft., mounding, white flowers 3,5ft:.o.c.
S";irea
Magic carpet Spirea 2 ft., mounding, pink flowers 3.5 ft. o.c.
General Spreading Juniper (Juniper honzonta/isor Juniperus chinenSJ"$) Evergreen
Buffering Andorra 1.1.5 ft.,'spreading, gray-green foliage, tums to 4.5 ft. o.c.
I nlum in Fall .
51 Blue Chi;;- 1 ft., spreading, brr,;t,t si1very~blue follaQe, dense 4.5 ft. o.c.
Buffalo 1-1.5 ft" spreading, feathery green branches 4.5ft:.o,c.
Sargent, Blue 11 ft., spreading, blue-gray foliage all year 4.5ft:.o.c.
.
Japanese Barberry (Berberis thunberg~
,. 1 ft., spiny mound, red leaves in Summer, red
<.. ': < Oimson Pygmy berries in Winter 3.5 ft. o,c.
Kobold 1 ft., spiny mound, green leaves, red berries In 3.5 ft. O.c.
, ,. Winter
Dwarf Summer Blooming Spirea (Spirea japonica or. x bumalda)
Anthony Waterer 2-) ft.., mounding, rose-pink flowers, red fall color 4ft..o,c.
Snirea
. n ,.' Goldflame Spirea 2.3 ft., mounding, red leaves in Spring, yellow in 4ft.o.c.
Summer red in Fall: oink flowers .
UttIe Princess Spirea 2-3 ft., mounding, covered with pink flowers 4ft.o.c.
throunhout Summer
/" -
, Magic Carpet Spirea 2 ft., mounding, pink flowers 3.5 ft. o.c. _
.n',. Neon Flash Spirea 2-3 ft.., I.lplight, dense; abundant wI bright red 3.5 ft. o.c.
l,Varlable flowers in the Summer
! Height Dwarf Korean Lilac 4-5 ft., dense shrub, small foliage wi very
, Screen (Syrin~~ meyeri fragrant blooms 4.5 ft. O.C.
.i'. 'palibin '
52
:--' American Arborvitae ( Thuja occidentalis) Evergreen
Emerald 10-15 ft., narrow, bright green year round 3.5 ft. o.c.
Holmstrup 3-5 ft., dense, slow growing 3 ft. O.c.
Globe 3.5 ft., globular, dark green 3.5 ft. o.c.
Taunton Spreading 2-3 ft., 4-5 ft. wicltl1, dense; soft, da'" green
Yew needles 4ft.o.c.
Evergreen
J
,
Plant Mature Height, Form, Color I Spacing
Name/varletv
American Arborvitae ( Thuja occidentaliS) Evergreen
Emerald 10-15 ft., narrow, bright green year round 3.5 ft. o.c.
Techny 15-30 ft., wide pyramidal, dark green 4ft.o.c.
High
Screen Compact Burning 5-6 ft., dense shrub, brilliant purple-red Fall
Bush (Euonymus . color (Note: potentially invasive near 3.5 ft. O.c.
53 alatus 'com""cta~ woodlands and ""sture \
Hatfield Yew (Taxus
media) 10 ft., pyramidal, dense 3.5 ft. o.c.
Evemreen
1 Deviations from the listed ~~~ts are allowed if the repla~:ent shrubs are similar in form or
hardiness to a ""'rmitted varie and are ann roved bv the C" .
~ ::(~
'1-'
A.
~
B.
,.
r
,
~_ os - '--I..\. ~ \.0
-- -- ---
-- -~-.--
Article G. Outdoor Lighting Standards
~G.dQ':> ~ 3(l
14-5G-1 Pur ose
The Outdoor Ughting Standards are intended to reduce the obtrusive aspects of outdoor light
usage while preserving safety, security, and the nighttime use and enjoyment of"propertY;..'.,,,,-,,,,,,
These measures will encourage lighting practices that direct appropriate amounts of light where
and when it is needed and decrease glare resulting from overlighting and poorly shielded or
inappropriately directed lighting fixtures.
14-5G-2 A licabilit
Application of Provisions
The standards contained in this Article apply to aii Uses in all Zones, except for the
exemptions listed in subsection B, below. '
.Exemptions
\<-i~ Single Family Uses, Two Family Uses, and Group Households located within Single
" Family or Two Family Dwellings are exempt from all provisions of this Article, except
for the provisions contained in Section 3, below.
3.2. . Airport lighting for navigational purposes is exempt from the provisions of this Article.
3.' FAA-required lighting on towers and buildings is exempt from the provisions of this
Article.
4.. The temporary use' of lighting for public festivals and celebrations and for temporary
t commercial activities such as carnlvais and fairs may be exempted from the
provisions of this Article if the Buiiding Official determines through the Temporary
Use permitting process that the proposed lighting will not create a hazard or nuisance
from glare, light trespass, or bverlighting. '
.'C, 5. ,Lighting for outdoor recreational facilities that are accessory to Community Service "-
'? " Uses, Colleges and University Uses, Educational Facility Uses, Parks and Open Space
';2 .. Uses, and Religious/Private Group Assembly Uses may be exempted from the
minimum standards or exceed the maximum standards of this Article, provided that
the provisions specified in Section 7 of this Article, Exemptions for Special Uses, are
met.
6. . Lighting for outdoor display lots accessory to Outdoor Storage and Display Oriented
Retail Uses may exceed the Total Outdoor Light Output Standards specified in Section
5, beiow, provided that the provisions specified in Section 7 of this Article,
Exemptions for Special Uses, are met.
14-5G-3 Standards for Sin Ie Famil and Two Famil Uses
The regulations of this Section apply to all Single Famiiy Uses, Two Family Uses, and any Group
Household that is located within a Single Family or Two Famiiy Dwelling.
A. Height and Glare Control
1. Light Fixtures must be mounted no higher than 15 feet above grade.
2. All bulbs that exceed 2000 lumens must be fully shielded as installed.
3. Buibs used for floodlights must not exceed 2000 lumens.
. B. Light Trespass Standards
1. Any floodlights that are visible from any neighboring residential property must be
aimed downward at an angle no higher than 4~ degrees from vertical.
2.' . Light fixtures used to illuminate flags, statues, or objects mounted on a pole or
pedestal must use a narrow cone of light that does not extend beyond the illuminated
object. Lights that are intended to architecturally highlight a building or its features
. .:1, must use a limited pattern of light that does not extend beyond the wall of the
building. Bulbs must be shielded from view of abutting properties and the public
right-of-way.
.~
~~
I
,
,
.
A.
.l"..........,.
~ . <::,s- -'-\.\i~
cr(}~~~~ 3\,
C. Lighting for Private Recreational Facilities
AJlfioodlights used to illuminate outdoor private recreational facilities, 'such as swimming
pools, tennis courts, and basketball courts, must be turned off by 10:00 PM. Underwater
lighting in swimming. pools and hot tubs are exemptfrom this provision.
D. Prohibited Lighting
Laser lights, search lights, mercury vapor buibs, and any other type of lamp capable of
producing comparable leveis of ultraviolet radiation per watt are prohibited.
c
. .
14-5G-4 Ph sical Controls
B.
Height Limitations
1. Light fixtures located within 300 feet of a Residential Zone must be mounted no
higher than 25 feet above grade.
2. Light fixtures located further than 300 feet from a Residential Zone must be mounted
no higher than 35 feet above grade.
Glare Control
1. All bulbs that exceed 2,000 lumens must be fully shielded as installed.
2. Unshielded or partially shielded bulbs that are 2,000 lumens or less must be frosted
glass or be installed behind a translucent cover.
3. All under-canopy lights or lights mounted in eaves must either be recessed into the
canopy/eave and fully shielded or use fiat lenses instead of drop ienses.
4. The City may permit the use of light refiectors, refractors or house shields as a.
substitute for fully shielded light fixtures on lower-wattage or low voltage ornamental
or pedestrian light fixtures. The shielding on such fixtures must controi for uplighting.
These substitute shielding options are not permitted for general illumination of large
areas, such as parking, service, or outdoor product display areas. Fixtures used to
iliuminate such areas must be fully shielded.
Light Trespass
The trespass standards are intended to prevent light from one property extending beyond
the' property line onto adjacent properties. Compliance with this subsection is achieved
with fixture shielding, directional control designed'into the fixture, fixture location, fixture
height, fixture aim, or a combination of these methods.
1. Except for lighting of loading areas, service areas, and for architectural emphasis,
fioodlighting is prohibited. Floodlights are not permitted for the illumination of parking
or outdoor product display areas.
2. Floodlights, when permitted, are exempt from paragraph 6.2., above, but must be
aimed no higher than 45 degrees from vertical. Floodlights must also comply with
paragraphs 3 through 5 of this subsection.
3. Lighting fixtures must be located and shielded such that the bulb is not directly visible
from any adjacent residentially-zoned property or public right-of-way. The right-of- r
way trespass standard does not apply in the C6-2, C6'5 or C6-1O zones.
4. Illumination must not exceed 0.5 initial horizontal footcandles and 2.0 initial
maximum footcandles as measured at any point along a property boundary that is
adjacent to or across the street from prop~rties that are zoned Residential, CN-1, or _'
Co-1. .
5. On any property containing Multi-Family Uses or Group Living uSes, lighting fixtures
must be located and shielded such that the bulbs are not visible from any residential
window on the property.
6. Light fixtures used to illuminate fiags, statues, or objects mounted on a pole or
pedestai must use a narrow cone of light that does not extend beyond the illuminated
object. Lights that are intended to architecturally highlight a building or its features
must use a limited pattern of light that does not extend beyond the wall of the
building.
C.
~~'t
(?:a . d..'d-.~__ ~_ .3 11
~. ().s- - '-\ \ 8'\0
14-5G-5 Total Outdoor Li ht Out ut Standards
A. Maximum Outdoor Light Output
1. . . The total outdoor light output on a property is the total amount of light, measured in
initial lumens, from all bulbs used in outdoor light fixtures. It includes all lights and
luminous tubing used for display lighting, general illumination, architectural/accent
lighting, and lights used for external illumination of signs, but does not include lights
used to illuminate internally illuminated signs or luminous tubing used in neon signs.
For bulb types that vary in their output as they age, such as high pressure sodium, .
fluorescent and metal halide, the initial lumen output, as defined by the
manufacturer, is the value to be considered when calculating total outdoor light
output.
2. The total outdoor light output on any property that is subject to the provisions of this
Article may not exceed the limits in Table 5G-1. The values in this table are upper
limits and not design goals; design goals should be the lowest light levels that meet
I the requirements of the task. . .
':!- 3.' ASeasonal decorationsr-permitted'between Thanksgiving andthe'end'of'January;"are .
. I . 'not counted toward these limits. .
B. Lighting Environment Districts
All Residential, Commercial, Office, and Industrial Zones are grouped into three lighting
environment districts that control lighting output on applicable lots in each zone. Uses, for
which the lighting standards are applicable, located within the Public (P) Zone must
comply with the lighting requirements of the adjacent zone; those on the border between
two or more zones must comply with the standards of the strictest adjacent zone. Zones
are grouped into the lighting environment districts as follows:
1. Low Illumination District, El
Areas of low ambient lighting levels. This District includes single-family and low-
density multi-family residential zones. This District applies to the following zones: ID-
RS, ID-RM, RR-l, RS-5, RS-8, RS-12, RM-12, and RNS-12.
2. Medium Illumination District, E2
Areas of medium ambient lighting levels. This District includes higher density multi-
family zones and lower intensity commercial and office zones. This District applies to
the following zones: ID-C, ID-I, ID-RP, CN-l, CO-l, PRM, RM-20, RM-44, RNS-20,
and MU.
3. High Illumination District, E3
Areas of high ambient lighting levels. This District includes higher intensity
commercial, industrial, and research zones. This District applies to the following
zones: CC-2, CH-l, CI-l, CB-2, CB-5, CB-lO, H, 1-2, RDP, and ORP.
C. Measuring Total Outdoor Light Output
1. The maximums in Table 5G-l are based on a calculation of initial lumens per net
. acre. The lot size less the total building coverage of the lot determines the number
of net acres used for this calculation.
2. Lumen output from an under-canopy or under-eave light fixture mounted 15 or more
feet from any edge of the eave or canopy will be measured at 0.5 its full value. .
J
. ~=4
- ~>"'I
~
Table 5G-l: Maximum Outdoor Light Output Standards
UghtingEnvironmenlOlstrict
Shie~lngCombinalions El. E2. E3.
low Ambienl Lighting Medium A.mbient Lighting H~hAmbienlLighting
(in inffial lumens pefaae) (In initial lumens per acre) (in Inilial lumens per acre)
Maximum Total Outdoor
lIg~ Output (Including both 50.000 100.000 200.000
fully shielded and unshielded
fixtures)
Maximum Outdoor Ught
OUtput from Unshielded . 4.000 10.000 10.000
fixtures
Q~s-
~_~O~~lo ~ ~\\
~\ ~.s- - w.. \ ~ '<>
14-SG-6 Prohibited Li htin and Bulbs
The following types of lighting are prohibited.
A. Laser lights
B. Search lights
C. Mercury vapor bulbs
14-SG-7 Exem tions for 5 ecial Uses
A. Outdoor Recreational Facilities
Lighting for outdoor recreational facilities that are accessory to Community Service Uses,
Colleges and University Uses, Educationai Facility Uses, Parks and Open Space Uses, and
Religious/Private Group Assembly Uses may be exempted from the minimum standards or
exceed the maximum standards of this Article, provided that the following specific
approval criteria are met. To apply for this exemption, a lighting plan must be submitted to
the City and must be certified as conforming to the standards listed below by a registered
engineer with Lighting Certified (LC) status according to the National Council on
Qualifications for the Lighting Professions (NCQLP).
1. The facility must 'satisfy the requirements set forth in the most currenteditlons of the
Illuminating Engineering Society of North America (IESNA) RP-6 Recommended
{'''.1 'l'Practite'for'SpoftS~aiic RetreatTonal~rearfighting and the IESNA Lighting Handbook.
Appr.opriate lighting criteria must be selected based on the Class of Play of the facility
and participants as derned by the IESNA.
2. Fixtures must be located, aimed and shielded to the extent possible to prevent light
trespass and glare onto adjacent prpperties according to the following standards.
a. Luminaires must be aimed no greater than a distance two mounting heights or
1! less 'from the base of the pole (a maximum angle of 63 degress up from nadir or
a minimum of 27 degree,s down from horizontal).
b. Fixtures must be mounted so as to meet the criteria of a Cut-off Fixture as
, defined in Article 14-9D,' Outdoor Lighting Definitions.
'"
c. Illumination must not exceed 0.5 initial horizontal footcandles and 2.0 initial
maximum footcandles as measured at any pOint alonij'apropertY boundary that
is adjacent to .or across the street from properties that are zoned Residential:
bS3~:. Laser lightS, 'seari:l\'lights/ana mercu'rYvapor'buibsare' prohibited. ;
r:' :':,;..,.,... '.,.r,.;- ., " , .
. r,4.' Use of such:lighting is restricted;to those ho~rs when.the.recreational facility is in
use. lighting for recreational facilities must be turned off by one hour after
conclusion of the recreational activity. For facilities located in or adjacent to.
Residential Zones;i:he curfew for recreational facility lighting is 11 PM. Illumination of
such facilities shair be permitted after 11 PM only to conclude a scheduled event that
was unable to conclude before the curfew due to unusual circumstances.
<
B. ' . Outdoor Display Lots
Ligh\ingfor.'outdoor display lots that are accessory to Outdoor Storage and Display-
l!nhg1L~~~a.;Y_~~;m~y.,exceed the Total Outdoor Light Output Standards specified in Section
"0'!16~!JQ~e,)pr9YLd~ th.~t the following specific approval criteria are met. To apply for this
eJ,<!tI)JP!i9.~'1~J!gh~ng p'.lan must be submitted to the City and must be .certified as.
conforming to the standards listed below by a.registered engineer,with LCstatus.according
to the NCQLP. .
1. The display lot must be.designed to. achieve no greater than the minimal illuminance
, \ !e.vels:F9i1h,~:9ctiv!tYaS"ie,~9riiiTIended b~t~fiJt\Jmil;}ltiflg'Engineering Society of
North America (IESNA).
'!
2. Display lot 'lighting that exceeds the Total Outdoor Light Output Standards specified
in Section 4 must be turned off at 11 PM or within 30 minutes after close of business,
whichever is later. After this time, lighting on the property must comply with the
. Total Outdoor Light Output Standards specified in Section 4.
3,' All other standards and requireme~of this Article must be met.
.>.
~--....
Q::J...\o
<:::>--0. . a.s- - ~ l 8' l.o
~G' d~\ ~ j~1
- --! --._~-------r---
C. . 'Other Lighting on Properties Containing Special Uses
All lighting not directly associated with the special use areas listed in subsections A and B,
1:' above, must i:6'nform to the' lighting standards contained in this Article. If recreational
: "'facilities 'or outdoor display lots take advantag~ of the exemptions allowed in this Section,
""the"netacreage'for the determination of compliance with the Total Outdoor Light Output
'Standards fof other lighting on the property must n.ot include the area of the recreational
facility or outdoor display lot. " .
14-5G-8 Measurement
All measurementsshall.be'made:36 ,inches aboveJhe'ground. Horizontal footcandle: ,
measuriments'.shall.betakenlwith,the meter held, parallel to the.ground pointing up. Maximum
footcandle measurements shall be taken with the meter orientep towards the brightest light
bank. Light leveis are specified, calculated and measured in footcandles. All footcandle values
are expressed in initial footcandies.
Article H.Performance Standards
14-5H-l Pur ose
The Performance Standards are Intended to protect property from off-site impacts. These
impacts include noise, air pollutants, odor, vibrations, and storage of combustible/flammable
r" materials.
I
~...
14-5H-2 A licabili
,
, -
The provisions of this Article apply to all uses located' within the City of Iowa City.
Nonconforming development is subject to the provisions of Article 14-4E, Nonconforming
Sit4ations~~"':b'tV '),l:bf1F-j.~ r'~ (~""~, ,(: ~:,,;~11 ,-j'l~i ~~r?b'~SV~. ':; "':6....: l) I.. ..\),. ,_.;--..J '--I
I
I.
14-5H-3 Certification Ma Be Re uired
h.. '. 'JV ,,-j., ;:.."...... ,.jl -, "! 1 .'~;
-...........
When necessary, the Building Official may require, at the expense of the applicant, that a
registered professional engineer or other qualified persOn certify that the proviSions of this
Article will be met.
14-5H-4 Noise
Permissible noise levels for uses and activities are specified in Title 6, Chapter 4 of the City
Code, Noise Controls. All applicable uses must be in compliance with these regulations.
14-5H-5 Air uali Standards
The emissions of smoke, particulate matter or chemicals into the air must comply with the
stanqards and"permitting requirements Of the Iowa Department of Environmental Quality and,
the u.s. Environmental Protection Agency, or their successors. Upon request by the City, a
property owner must provide evidence that the subject operation is in compliance with t!lese
standards.
;! \'h>.'ir...;.. 1..,f,-1i..j_)ljJJ,} t::,-"', '-' 1,1 ,:'lU ,t~"!l;h' ,~:". ,'~ ~~,
14-5H-6 Odor
"h' "'.J,",
The el11ission.of,offenslve odorous matter from any operation or activity shall not exceed the
odor threshold concentration defined In the Ame'rican Society for Testing and Materials Method
D13W -.5-7 St~nd~(d M~th9d for Measurement of Odor In Atmospheres (Dilution Method), as
ameri'8e'd,Jg~!tfie"level'whii:h will just evoke a response in the human olfactory system when
',: ;~!~ ", . .,' I .,.- ,
measllrea: as set forth below';
A. All Zones, except Industrial Zones
When measured beyond lot lines at ground level or habitable elevation, odorous matter
shall not exceed the odor threshold concentration.
B. All Industrial Zones
Odorous matter shall not exceed the odor threshoid concentration beyond zone boundary
I lines at ground level or habitable elevation.
,,,_.
~=\,
~. ClS -~I.'\{\o
~o.~~~ ~ 3\1
14-SH-7 Vibration'
~, ---~ ~---
A. ~rl~rnr~tii~V~i6;:, 1.'iiJg~k~~~36,~~,~cbVi~ ~~~Ii' ri"~tee~ce;d: the:di~placerrient v~lues below.
.1Jff,JIJ5v~ ::7,1.1 J";l~' ,,' '(:;;.,..I::r.\J'" '....', -1-1 ~..:;. I' ...., -J" .
B. Vibrat19~'9i~pl~~rm~r,~ ~~~II..\)~ measured with an i~st;.url)e~t <;apable of simu!t~neous.lY
measuring in 3 mutually perpendicular directions. The maximum vector resultant shall be
. .. , 1 " i'. J',"" '- ... ,.., .. '.."... ".' , _ ' ,~,.' " _ 1
less than the vlliration displacement permitted. The maximum dispiacements shall. be
determined by the following formula: '. .
D = Kif, where
D = displacement in inches
K = a constant given in Table 5H-1, below
f = the frequenCy of the vibration transmitted through the ground in cycles per second
Table SH-l: Vibration Displacement Standards
Impulsive Less than 8
Zone .Point of Continuous (at least 1 second rest pulses per 24
, Measurement " between pulses that do not --tiour period :
, .." ' , H" . eXceed 1 SecOnd duration)
All Z6hesJ,'-'I': ~ IAt lot liries.jl.'1 1 i.. ..~ it..: ,'jIIL.. _711. . i j' ~ ' ..~.'lJ('v;_ J~..!' 1 ,,:: .. .. .,
except ];.,' .... . :~O.003j ! .0.006. , . ~. . 0.Q15; ..
Industrial
Industrial At Industrial ,
Zones Zone boundary 0.030 0.060 0.150." '.
gill:: , line ,. H ___. " -
At the bOundaiy '- '- .".
ff," '. of Residentlai , .' .\ ~ c;:; , .. .
Zones,: .11':\::. .'t": . l \~ r: ' 1.:, ,. -;. .:- ,,}, ~;
'." ,~"
recreational 0.003 0.006 " 0.015
areas, or
Educational
Fadlities ,.,'"' ..-.
:" .
.:JI)'.
: ':',1f(, ' ~,
...,-",
" , ~ "
." '!'~:'::
14-SH-8 Stora e of Combustible and Flammable Materials
A..:. Any combustible materials must be stored in such a way as to include, where necessary,
access drives for fire fighting equipment.
\ B. The bulk storage of flammable liquids and chemicals in above-ground storage tanks, when
allowed, must be located no closer to a lot line or any principal building than is permitted
by the International Fire Code, as amended. However, for aboveground storage tanks of
..-.- 276 gallons capacity or more, the minimum distance between such aboveground tanks and
any Residential Zone boundary must be at least 100 feet. If the aboveground tank is
located in an approved vault, the minimum separation distance from a Residential Zone
boundary may be reduced to no less than 50 feet.
C. The underground bulk storage of flammable liquids, when allowed, must be located in
accordance with the International Fire Code, as amended. .However, the minimum distance
between such underground tanks and any Residential Zone boundary must be at least 10
feet.
D. The bulk storage of flammabie cryogenic fluids in stationary containers is prohibited in all
Zones, except in the CI-1, 1-1, 1-2, RDP, and ORP Zones. In these listed Zones, storage of
'such fluids may be allowed, but only as specified and strictly regulated'by the International
Fire Code, as amended.
E. The bulk storage of Class I and Class II liquids in above-ground tanks is prohibited in all
Zones, except in the CI-1, 1-1, 1-2, RDP, and ORP Zones. In these listed Zones, the
storage of such liquids may be permitted, but only as specified and strictly regulated by
the International Fire Code, as amended.
F. The bulk storage of liquefied petroieum gas is prohibited in all Zones, except the CI-1, 1-1,
1-2, RDP, and ORP Zones. In these listed Zones, the storage of liquefied petroleum gas
may be allowed, but only as specified and strictly regulated by the International Fire Code,
as amended. ~-- . -.'-'
:),,~ 'Y
~. Qs- -Ll..\~\o
~d'_~~ ~ 7JlJ
Article I. Sensitive .Lands and Features
<.
14-51-1 Pur ose
The purpose fo~ this Article is to accomplish the following:
A. Implement the environmental policies of the Comprehensive Plan, as amended..'
B. Permit and define the reasonable use of properties that contain environmentally sensitive
features and natural resources while recognizing the importance of environmental
resources and protecting such resources from destruction.
C. Provide for ecologically sound transitions between protected environmentally sensitive
areas and urban development.
D. Protect the public from injury and property damage due to flooding, erosion, and other
;
natural hazards, which can be exacerbated by development of environmentally sensitive
land.
E. Foster urban design that preserves open space and minimizes disturbance of
environmentally sensitive features and natural resources.
F. Provide for the mitigation of disturbances of environmentally sensitive features and natural
resources by requiring and implementing mitigation plans, as needed.
14-51-2 A licabili .
A. Uniess specifically exempted as specified below, an application for Sensitive Areas Review
must be submitted to and approved by the City prior to woodland clearing, grading or any
development activity on tracts of land or portions of tracts of land where ani regulated
sensitive features specified in subsection B, below, exist. This application process may
occur as part of Site Plan Review, a Planned Development Overlay Rezoning and/or
Subdivision Review.
B. Regulated Sensitive Features
Properties containing any of the following environmentally sensitive features are subject to
the regulations of this Article. References to "regulated" sensitive .features, such as
"regulated wetlands," "regulated slopes," etc. within the text of this Article are references
to the regulated features as listed below. The Sensitive Areas Inventory Map - Phase I
may be used as a tool to determine the locations of potential environmentally sensitive
areas. However, it is the applicant's responsibility to investigate and fully delineate such
potential sensitive areas in order to determine whether the sensitive area or feature is
subject to the regulations of this Article.
1. Jurisdictional Wetlands
Jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers, or its
successor.
:'_~2. _ .Stream Corridors ' "
J.:\ ii, .". . fl<?odvvays,design~ted on either the current federal emergencymanagementv(,J":'"
agency flood boundary and floodway maps for Iowa City and Johnson County..or
the Iowa City (1 inch =.100 foot scale) flood boundary and floodway maps. .' . .
b. A river, stream or drainageway shown in blue (the blue line) on the most
current U.S. Geological Survey Quadrangle Maps. In cases where no floodway is
delineated, the blue line will serve as the center iine within a 3D-foot wide ~. "
stream corridor.' t.
3.
I
Regulated Slopes
Slopes of eighteen percent (18%) or greater.
Wooded Areas
a. Woodlands, 2 acres in size or greater.
b. Groves of trees, as defined in this Title.
Fully Hydric Soils
Fully hydric soils as designated in the USDA Soil Conservation Service Soil Survey (If
Johnson County, Iowa, as amended.
,;:::
4.
.J
S.
.'j
~~9
~. as- -~\'iS\o QG'~o ~ 3\1
. '6.--PraiiieRemnanls _. . - >> ,~ ~ .
Prairie remnants as shown on the Iowa City Sensitive Areas Inventory Map - Phase I,
as amended. '1
7. Archaeological Sites .,
Archaeological sites as determined by the State Historic Preservation Officer or the
State Archeologist. "
C. Exemptions
The foilowing uses, activities, and structures are exempt from the requirements of this
Article. However, an applicant must. first apply for and obtain an exemption, prior to any
woodland clearing, grading or development activity on a property.
1. Emergency/Public Safety
'J
Grading, clearing, removal or other activities required for emergency situations .
involving immediate danger to life, health and safety, or which create an immediate
threat to person or property or create substantial fire hazards are exempt from the
requirements of this Article.
2. Maintenance/Expansion of Single Family or Two Family Residential Uses
Normal maintenance, expansion, exterior remodeling, reconstruction or replacement
of Single-Family or Two Family Uses in existence as of December 13, 1995 are
exempt from the requirements of this 'Article, provided the new construction or
related activity wiil not increase the footprint of the structure and/or paving lying
within the sensitive area by more than a cumulative total of 1,000 square feet, and
also provided there is no encroachment by said activities, including grading, into a
jurisdictional wetland, a designated sensitive areas conservation tract or protected
sensitive area.
3. Construction of Single Family or Two Family Residential Uses .
Grading, clearing or development activities on a tract of land for the purpose of
construction, landscaping or associated improvements for one Single Family Use or
one Two Family Use are exempt from the reqUirements of this Article, provided the
development activities do not exceed a maximum total of 20,000 square feet in area
and provided there is no encroachment by said activities into a jurisdictional wetland,
a designated sensitive areas conservation tract or protected sensitive area. '.
. 4. Ground Water Monitoring Wells and Storm Water Facilities ,-
Normal and routine maintenance of existin9 drainage and storm water management
facilities are exempt from the requirements of this Article. This exemption includes
vegetative maintenance for access and storm water/flood control purposes within and
adjacent to drainageways. Except for temporary storage outside a wetland or water
body, placement of fiil or dredge spoils is not exempt under this paragraph. Ground
.. water monitoring weils, when constructed to standards approved by the City, are .
exempt.
S. . Woodland Management Activities
Practices associated with "timber management standards" as defined by the
International Society of Arboriculture, or its successor, are exempt from the
requirements of this Article. Existing tree farming operations, such as Christmas tree
farming, fruit or nut tree production and tree nurseries, during such time as the land
is used for tree farming operations are exempt from the requirements of this Article.
~
C'
D. . .Uses, Activities and Structures Allowed Within Protected Sensitive Areas
The foilowing uses, activities; and structures are ailowed within protected sensitive areas
. and required buffers where it can be shown that such a use, activity, or structure will not
be detrimental to the functioning of sensitive areas or associated buffers, or pose a pubilc
safety hazard, subject to City approval during the applicable Sensitive Areas Review
process.
1. Parkland, private open space, and trails that provide opportunities for environmental
interpretation and are designed to incorporate features that protect areas of wildlife
habitat, water quality and the natural amenities in protected sensitive areas and
buffers.
. 2. Stream crossings, such as bridges, roads and culverts, or stream bank stabilization
measures, provided they are designed to minimize any reduction of the flood carrying
capacity of the stream Caused by such structures and are in compliance with all
Federal and State reQulations.
'~
:{3 E)
~,os--~\~\o
Go .~3\ ~ ~\\
r- -
.-_.__...~ - ,,- ----..........-
j 3. Essential public utilities such as storm and sanitary sewers, water mains, gas,
telephone and power lines, and storm water detention facilities are permitted if they
are designed and constructed to minimize their impact upon the protected sensitive
areas and associated buffers. The design and construction of utilities should also
include measures to protect against erosion, pollution and habitat disturbance, and
. result in minimal amounts of excavation and filling. Upon completion of the
installation of the public facility or line, the sensitive protected areas and associated
buffers shall be restored by those persons responsible for the disturbance.
14-51-3 levels of Sensitive Areas Review
A. Level I Sensitive Areas Review
, . '.:1. Except for exempted activities'as listed in Subsection 2C, above, a Level I Sensitive
, Areas Review is required prior to development activity on property that contains any
regulated sensitive feature listed in Section 2, above, but for which a Level II
Sensitive Areas Review is not required.
;. 2, A Sensitive Areas Development Plan submitted with the application for a Level I
Sensitive Areas Review must delineate any regulated sensitive areas and associated
buffers according to the specific regulations contained in Sections 6 through 12 of
this Article and will be approved according to the procedures for a Level I Sensitive
Areas Review as set forth in Article 14-86, Administrative Approval Procedures.
B. Level II Sensitive Areas Review
1
c"".
1.
Except for exempted activities listed in Subsection 2C, above, a Level II Sensitive
Areas Review is required prior to development on properties for which any of the
following activities are proposed: .
a. The disturbance of a wetland or an asSociated buffer;
b. The removal of portions of a woodland in excess of the woodland retention
requirements contained in Section 9 of this Article, Wooded Areas.
c. The disturbance of more than 35 percent of the critical slopes on a property;
d. . Disturbance of a protected slope buffer or an altered protected slope.
e. Any development that contains regulated sensitive features and for which
modifications to the underlying zoning or subdivision regulations are requested.
The submittal of a Sensitive Areas Development Plan is required for properties
containing regulated sensitive areas for which a Level II Sensitive Areas Review is
required. Such Sensitive Areas Development Plan must delineate regulated sensitive
areas and associated buffers according to the specific regulations contained in
Sections 6 through 12 of this Article.
A Level II Sensitive Areas Review is considered a type of planned development and
as such must comply with the applicable approval criteria set forth in Article 14-3A,
Planned Development Overlay and will be reviewed according to the approval
procedures for a Planned Development Overlay Rezoning as set forth in Article 14-
8D, Planning and Zoning Commission Approval Procedures.
jf a Level II Sensitive Areas Review is required, acc~rding to the preceding
paragraphs, and other regulated sensitive features exist on the property, the planned
development rezoning application must include all evidence and required Information
for all regulated sensitive features on the property.
,.
:..
:1
2.
1
3.
':;:1
I> . >~
4. .
14-51-4 Modifications to Zonin and Subdivision Re uirements
. .- - . '" - - - .-...,..- - --- ,.--- '-..,.,~
Througii'ttie planned deveiopment proCess, certain specified modifiCations to the underlying
zoning' ,md subdivision standards are allowed to provide for flexibility in the design of a site. Ori
sites that contain sensitive features, the planned development process may be used in order to
cluster development away from sensitive features. The types of zoning and subdivision
modifications allowed and the associated site development standards are listed in Article 14-3A,
Planned Development Overlay. If modifications to' the underlying zoning or subdivision
standards are requested, a Level II Sensitive Areas Review is required, regardless of the nature
of the sensitive features on the site.
i
~3J
~. os-<-{~'i?'~
C?Gi~<<' ~ '317
14-51-5 Com liance Measures
A. Compliance with Approved Plans Required
. Approval of a Sensitive Areas Development Plan is authorization to proceed with
development activity according to the provisions and restrictions set forth in said plan and
associated legal papers, including but not limited to compliance with all construction area
jl!mits, conservation easements, and specified construction practices. Any development
activity at variance with the approved plan and/or associated legal papers shall be deemed
a violation of these regulations and subject to any enforcement action and penalties
allowed according to Article 14-7C, Penalties and Enforcement. .
B. Recording Requirement
Approved Sensitive Areas Development Plans shall be recorded in the Johnson County
Recorder's office prior to issuance of any certificate of occupancy for the property. The
recording is intended to provide notice to subsequent property owners that environmental
limitations apply to the subject property.
C. Performance Guarantee
A Performance Guarantee may be required to ensure completion of conservation
measures, including plantings and other mitigation or maintenance efforts, as stipulated in
this Article. Required performance guarantees must be submitted according to the
procedures for Performance Guarantees as set forth in Title 18 of the City Code, Site Plan
~~eyiew .
14-51-6 Jurisdictional Wetlands
A. j,Purpose
The purpose of regulating development in and around wetlands is to:
1. .' Preserve the unique and valuable attributes of wetlands as areas where storm water
,_. . is naturally retained, thereby controlling the rate of runoff, improving water quality,
. recharging ground water resources, providing erosion control and lessening the
effects of flooding;
2. Promote the preservation of habitat for plants, fish, reptiles, amphibians or other
wildlife;
3. Minimize the impact of development activity on wetiand areas;
~" Provide a greater degree of protection for many wetland areas above and beyond
that provided by the Federal and State government; and
n 5: Minimize the long-term environmental Impact associated with the loss of wetlands.
B. Wetland Regulation By Other Agencies
The approval of a Sensitive Areas Development Plan under the provisions of this Article is
: in addition to the applicant's need to obtain permits required by other local, State, or
Federal agencies, and does not alter the applicant's obligation to satisfy and obtain all
:other applicable local, State or Federal regulations and permits.
C. Wetland Mitigation Plan Required
1. . A Sensitive Areas Development Plan for property containing a regulated wetland shall
include a Wetland Mitigation Plan demonstrating that all regulations of this Section
will be met. Avoiding a delineated wetland area and minimizing the impact of
development on a wetland is strongly encouraged, and must be investigated before
compensatory mitigation will be considered.
'2. .. A Wetland Mitigation Plan shall .include the following information:
a. The boundaries of the delineated wetland and the required natural buffer area;
b. Delineation of a construction area limit and specification of associated
restrictions thereof;
--- $
Jl
~
or ~- -:1 -P -i<'-- - ~-;.~~
--~.-----------'--""------"'~----~.~~.)J',,~- --..""
:n~
~,ClS-~\~\o
\?O' ~n ~ 311
-----,-_.
c. The type and location of erosion control measures to be placed on the property
prior to any other development activity occurring on the site;
d. Certification by a wetland specialist or the U.S. Army Corps of Engineers, or Its
successor, regarding the wetland delineation, if required;
e. Information regarding the characteristics of the wetland necessary to determine
the allowable buffer reduction as provided in subsection E of this section,
Wetland Buffer Requirements, if a reduction is requested;
f. A storm water management plan demonstrating compliance with the
requirements of the Iowa City storm water regulations and related municipal
design standards.
D. Wetland Delineation
1. Prior to any development activity occurring on a site containing a potential regulated
wetland, the property owner must provide a delineation of the wetland area..
Determination of jurisdictional wetlands must be made either by the U.S. Army Corps
of Engineers, or its successor, or by a wetland specialist. If completed by a wetland
specialist, the wetland delineation must be reviewed and accepted by the U.S. Army
Corps, or its successor. Delineation of wetland areas must be completed prior to the
submittal of a Sensitive Areas Development Plan for review.
2. 'If the property owner certifies that no development activity will occur within 150 feet
of the apparent edge of a suspected or potential wetland area on the site, the
requirement for delineation by a wetland specialist or the Corps may be waived by
the Qty. In the case of a waiver, the property owner shall grant an easement running
in favor of the City, an approved conservation group, or other approved organization
for the purpose of retaining the ,wetland and the surrounding lSD-foot protection
area as' undeveloped natural open space.
E. Wetland Buffer Requirements.
1. An undisturbed, 100-foot natural buffer shall be maintained between any
development activity and a regulated wetland unless said development activity is
exempted pursuant to Subsection 2C of this Artide, Exemptions. The required
setbacks established for the base zone shall be measured from the buffer edge, and
are in addition to the required buffer. This setback requirement applies to parking
lots as well. (For example, the RS-S District requires a 20-foot rear setback, which
would be measured from the outside edge of the required 100-foot buffer. As a
result, no building or parking lot could be located within 120 feet of the wetland.)
2. Buffer averaging may be permitted or required where an Increased buffer is deemed
necessary or desirable to provide additional protection to one area of a wetland for
aesthetic or environmental reasons. In this situation, the width of the required buffer
around other areas of the wetland may be reduced by up to 50 percent, but the area
of the provided buffer must be equal to or greater than the total area of the required
buffer. Any request for buffer averaging requires a Level II Sensitive Areas RevieW.
Buffers that have been reduced according to the provisions of the following
paragraph may not be averaged.
3. The applicant may request a reduction of the required natural buffer in certain
instances enumerated below. Any request for a reduction in the natural wetlands
buffer requires a Level II Sensitive Areas Review. Buffers that have been averaged
according to the provisions of the previous paragraph may not be reduced.
a. The required natural buffer may be reduced by up to 50 feet if it can be
demonstrated by a wetland specialist that the wetland:
(1) Is less than 5 acres In area; and
(2) Does not contain species listed by the Federal or State government as
endangered or threatened, or critical or outstanding natural habitat for
those species; and
(3) Does not contain diverse plant associations of infrequent occurrence or of
regional significance; and
:{:J3
CY~. CJ-S" -~\ Z'\,o
\?a - d:3~ , ~n
(4) Is not located within a regulated stream corridor.
b. The required natural buffer may be reduced by up to 75 feet if it can be
demonstrated by a wetland specialist that the wetland:
(1) Satisfies the criteria for Natural Buffer Reduction, in subparagraph a,
above; and .
.'_ ,(2). Doe~ nQ!,)I)Jl_y_eacotaveragepr~iR[tatiO.D,.cont:ainstanding.wa~erat any.
."- - . time during the calendar year; and ',-
"-
(3) Is not a forested wetland; and
(4) Does not provide a known habitat for migratory birds of local or regional
significance.
c. In addition to the qualifying criteria listed above, the City shall consider the
following factors in determining whether or not to reduce the required buffer:
. 1 _ (1) The proposed land use of the property and its potential impact on the
wetland; and
(2) The design and layout of the proposed development in relation to the
wetland; and
(3) The physical characteristics of the site and the wetland; and
(4) Any other factor related to the short- or long-term environmental stability
and health of the wetland.
F. . Design Standards
1. No grading, dredging, clearing, filling, draining, or other development activity is
allowed within a regulated wetland or required buffer area, unless said activity is part
of an approved Wetland Mitigation Plan or is a use, activity or structure allowed
according to subsection 2D of this Article, Uses, Activities and Structures Allowed
Within Protected Sensitive Areas.
2. For property not served by a City sanitary sewer system, the location of septic tanks,
soli absorption systems, holding tanks, or any other element of an on-site sewage
disposal system must meet the required setbacks specified in the base zone, as
measured from the buffer edge.
3. To mitigate negative impacts of development and limit sedimentation, the direct
discharge of untreated surface water from a development site or a developed area
into a wetland may be prohibited. The partial treatment of storm water runoff
through the use or combined use of constructed wetlands, detention basins,
vegetative filter strips, sediment traps or other means before the storm water runoff
reaches a wetland may be considered as part of a Wetland Mitigation Plan. In such
case, the discharge should not increase the rate of flOW or decrease the water quality
of the wetlands unless it can be shown by a wetland specialist that an increase in the .
rate of flow will enhance rather than adversely impact the wetland. ."
':~
4. On any lot containing a regulated wetland, erosion control measures, whether
required under the Title 17, Chapter 8, Grading Ordinance, or as part of a Wetland
Mitigation Plan approved under the provisions of this Article, must be installed prior
to any development activity occurring on the site. .
5. The planting of foreign or invasive species, including intrusive native varieties, in
regulated wetland or buffer areas is prohibited. Only non-intrusive native species
shall be used to supplement existing vegetation.
6. The removal of foreign or invasive species, including intrusive native varieties, within
a regulated wetland or buffer area may be permitted when approved as part of an
approved Wetland Mitigation Plan.
7. Where it is determ;;;ect that the area occupied by the required buffer provides little
natural protection to the wetland due to previous land disturbance, enhanced
vegetative cover must be provided within the buffer area to help filter and slow the
flow of surface water. The enhanced vegetation shall consist of species that are
known to be noninvasive to wetland areas.
~3q
~, CJs--~\\(\o
~.. ~::'s ~ 3 \1
G. Compensatory Mitigation
Compensatory mitigation may be permitted only if it is clearly demonstrated that avoiding
and minimizing the impact on a wetland is unreasonable. A permit for any development
activity within a wetland area is required by the U.S. Army Corps of/Engineers or its
successor. If a permit is granted for development activity within a wetland, compensatory
mitigation shall be required based on the following criteria, unless a greater degree of
compensation is required by the Corps or its successor:
1. Wetlands containing the following characteristics shall be considered protected, "no
build" wetland areas. Compensatory mitigation will be considered only if the wetland
disturbance is relatively small in relation to the overall wetland and if it can be shown
that the disturbance will not have an adverse impact on the overall wetland. In
wetlands with the following characteristics, if compensatory mitigation is permitted,
the required replacement ratio of comparable habitat replaced to habitat lost shall be
at least three to one (3:1).
a. Wetlands containing species listed by the Federal or State government as
endangered or threatened, or containing critical or outstanding natural habitat
for those species; or
b. Wetlands containing the presence of diverse plant associations of infrequent
occurrence or of regional importance; or
c. Wetlands located within regulated stream q>rridors as defined in this Article.
2. The replacement ratio of comparable habitat replaced to habitat lost shall be at least
two to one (2:1) for wetlands not containing the characteristics listed in paragraph 1,
above, but which do contain the following characteristics:
a. Standing water throughout the calendar year under average precipitation,
b. Forested wetlands, or
c. Wetlands providing a known habitat for migratory birds of regional or local
significance. '
3. Compensatory mitigation for all other regulated wetlands shall be at a ratio of at least
one to one (1:1). If said wetland or the replacement habitat is enhanced to so that it
contains one or more of the defining characteristics listed in paragraphs 1 or 2,
above, the required replacement ratio may be reduced to 0.5:1.
4. When compensatory mitigation is proposed, the Wetland Mitigation Plan described in
.this Section must be prepared by a wetland specialist. A Wetland Mitigation Plan that
includes compensatory mitigation must include the following components:
a. An assessment of the value of the wetland being replaced to determine the
appropriate replacement ratio;
b. A clear statement of the goals of the mitigation plan, including specific
statements regarding the expected rate of establishment of a vegetative cover'
over specified periods of time;
c. Analysis of the" soils, substrate and hydrology of the proposed site of the
constructed or expanded wetland in terms of their suitability to provide a proper
growing medium for the proposed vegetation;' .
d. A list of the plant species to be used, which should include only native,
noninvasive species, and their proposed locations. Transplanting as much of the
native vegetation from the original wetland as possible, as well as the upper 6
to 12 inches of the soil is encouraged; and
e. Provisions for monitoring the condition of the new or enhanced wetland 'area for
a period of 5 years, and identification of the party responsible for replanting in
the event of poor initial growth or predation resulting in a failure of over 30
'percent of the planted stock. Informqtion collected during the monitoring
process must be submitted to the City annually and include the following:
(1) Data on plant species diversity and the extent of plant cover established in
the new or enhanced wetland;
~ss-
~. <:::.,s- -~\~Io
(2)
(3)
\rd' .~\, ~ 311
(4)
--.
Wildlife presence; -. - ,----~.- '.- -
Data on water regimes, water chemistry, soil conditions and ground and
surface water interactions; and .
Proposed alterations or corrective measures to address deficiencies
identified in the created or enhanced wetland, such as a failure to establish
a vegetative cover or the presence of invasive or foreign species.
14-51-7 Stream Corridors
A. Purpose
The purpose of regulating development in and around stream corridors is to:
1. Preserve the value of stream corridors in providing floodwater conveyance and
storage;
2. Promote filtration of storm water runoff;
3. Reduce stream bank erosion; and
4. . Protect and enhance wildlife habitat.
B. Stream Corridor Regulation By Other Agencies . \
The approval of a Sensitive Areas Development Plan shall be in addition to the applicant's.
need to obtain permits required by other local; State. or Federal. agencies, arid does;not "-
alter the applicant's obligation to satisfy and obtain all other applicable local, State or
Federal regulations and permits.
,
C. Environmental Review Required
A Sensitive Areas Development Plan for property contaIning a regulated stream corrtdor
must include evidence demonstrating that all regulations of this Section will be met. Such
plan must include the following information:
1. Delineation of the regulated stream corridor and the required natural buffer area;
2. Delineation of a construction area limit and specification of associated restrictions
thereof; . .
3. Information regarding the characteristics of the stream corridor necessary to
determine the allowable buffer reduction as provided in subsection D of this section,
Stream Corridor Buffer Requirements, if a reduction is requested.
D. Stream Corridor Buffer Requirements
1. Unless exempt pursuant to subsection 2C of this Article, Exemptions, the following
1'. natural buffers must be maintained along regulated stream corridors. When other
I. regulated sensitive features are located within a stream corridor, a 50-foot buffer is
. . . required.
a. Along the. Iowa River, a 50-foot natural buffer must be maintained between any
development activity and the stream corridor, which includes the floodway.
b. Along tributaries to the Iowa River that have a delineated floodway, a 30-foot
natural buffer must be maintained between any development activity and the
stream corridor, which includes the floodway. These tributaries include, but are
not limited to Ralston Creek, Willow Creek, Snyder Creek, Clear Creek and Rapid
Creek.
c. Along tributaries or drainageways that do not have a delineated floodway; a 1S-
foot natural buffer must be maintained between any development activity and
the stream corridor limits.
2. The applicant may request a reduction of the required naturarbuffer in certain
. circumstances enumerated below.
I)';'.a. "'The required natural buffer may be reduced by up to 50 percent if the applicant
demonstrates that the portion of the buffer being reduced:
(1) Does not contain significant existing vegetative cover, such as native trees
or prairie remnants; and
(2) Does not contain other sensitive areas subject to the requirements of this
Article; and
,.
~36
~. Os -L\\~\o
~.~~\,3\\
(3) Enhanced vegetative cover will be provided in the remaining buffer area.
b. The required natural buffer may be reduced by up to 100 percent if the
applicant demonstrates that:
(1) The property is adjacent to or contains a stream corridor located in a
"developed area of the City"; and
(2) The portion of the buffer being reduced does not contain other sensitive
, areas subject to the requirements of this Article; and
,(3) Requiring the fuli stream corridor buffer would preclude reasonable use of
the property; and .
(4) Enhanced vegetative cover will be provided in any remaining buffer area, .
to the extent possible.
c; I~ addition to the qualifying criteria listed above, the City will consider the
following factors in determining whether to reduce the required buffer:
(1)
The proposed land use of the property and its potential impact on the
stream corridor;
The design and layout of the proposed development in relation to the
stream corridor;
The characteristics of the site and the stream corridor; and
Any other factors related to the short- or long-term environmental stability
and health of the stream corridor. .
.>
(2)
(3)
(4)
14-51-8 Re ulated 510 es .
.= A. Purpose
The purpose of regulating development on and near steep slopes is to:
1. Promote safety in the design and construction of developments;
2. Minimize flooding, landslides and mudslides; .
3. Minimize soil instability, erosion and downstream siltation; and
4. Preserve the scenic character of hillside areas, particularly wooded hillsides.
B. Regulated Slopes Defined
1. Percent of Slope
The slope of a designated area determined by dividing the horizontal run of the slope
into tne vertical rise of the same slope and converting the resulting figure into a
percentage value.
2. Steep Slopes
A slope of 18 percent, but less than 25 percent.
3. Critical Slopes '.
A slope of 25 percent, but less than 40 percent.
4. Protected Slopes
Any slope of 40 percent of steeper.
5. Altered Protected Slopes
Any slope of 40 percent or steeper created by human activity such as cutting or
filling, which activity occurred prior to December 13, 1995, and which slope is not
otherwise approved by the City.
C. Environmental Review Required
A Sensitive Areas Development Plan for property containing regulated slopes must include
evidence demonstrating that all regulations of this Section will be met. Such plan must .,
include the following information:
1. Delineation of all steep, critical, and protected slopes and any required buffer area; "
2. Submission of a grading plan that is in conformance with Titie 17, Chapter 8, Grading
Ordinance; ,.
3. Delineation of construction area limits and specification of associated restrictions
thereof; ~37
-~.__._~
~,05"- Li.l'?to
~o:Z?l '6 ~ '3\\
-- ---.--.-.---
._~---
---
D. Buffer Requirements
1. A buffer will be required around all protected slopes. Two (2') feet of buffer must be
provided for each foot of vertical rise of the protected slope, up to a maximum buffer
of 50 feet. The buffer area is to be measured from the top, toe and sides of the
protected slope. No development activity, including removal of trees and other
vegetation, will be allowed within the buffer.
2. The buffer requirements may be reduced under certain circumstances. If a buffer
reduction is requested, a Level II Sensitive Areas. Review is required, A reduction of
a protected slope buffer may oniy be approved if a geologist or professional engineer
demonstrates to the satisfaction of the City that the proposed development activity
can and will be designed to eliminate hazards and will not undermine the stability of
the slope or the buffer area.
E. Design Standards For Regulated Slopes
1. Construction areas must be delineated on the Sensitive Areas Development Plan and
must Indicate the boundaries of all intended development activities, Including
. grading, excavation, and storage of construction materials. Accordingly, construction
areas must be in .concert with required Grading Plans. Except for driveways and
utilities installation, no grading or excavation is allowed outside the construction area.
2. Except for commercially or industrially-zoned properties, construction areas on lots
containing protected slopes must be of a size equal to. at least 40 percent of the
minimum lot size required by the zone in which it is located. (For example, the
construction area for a lot in an RS-5 Zone must be at least 3,200 square feet, which
is 40 percent of the 8,000 square foot l1)inimum lot size).
3. Designated construction areas must not extend Into protected slopes or protected
siope buffers unless expressly permitted according to the provisions of this section.
4. Encroachment of construction areas into steep and critical slopes must be minimized.
If disturbance of more than 35 percent of critical slopes is proposed a Level II
Sensitive Areas Review Is required.' " .
S. Any area designated as a natural protected slope (40+ percent) must not be graded
and must remain in its existing state, except natural vegetation may be
supplemented by other plant material. .
6. Development activities may be allowed within areas containing "altered protected
slopes," as defined in this Title. In such cases, a Level II Sensitive Areas Review is
required. Approval will be based on the following criteria:
a.' A geologist or professional engineer must demonstrate to the satisfaction of the
City that development activity will not undermine the stability of the slope; and
b. The City further determines that the proposed development activities are
consistent with the intent of this Article.
7. Cut slopes must be constructed to eliminate sharp angles of intersection with the
existing terrain and must be rounded and contoured as necessary to blend with (.
existing topography to the maximum extent possible. The City will not accept the
dedication. and maintenance of cut and fill slopes, except those within the required
street right-of-way. .
8. Street rights-of-way and public utility corridors must be located so as to minimize
cutting and fillin~.
9. To maintain the stability of ungraded areas, existing vegetation must be retained to
the maximum extent possible and additional plantings to stabilize the slope may be
allowed.
14-51-9 Wooded Areas
A. Purpose
The purpose of regulating development in and around wooded areas is to:
1. Reduce damage to wooded areas, particularly wetlands, steep slopes and stream
corridors;
2. Reduce erosion and siltation;
3. Minimiie destruction of wildlife habitat; and
~.]8
~ - os- - LI.. \ ~ ~ p__' _ _~d~~'\. <>V3 11
r 4. Enco-Urage-subdiviSlon and site plan design which incorporate groves and woodla"iiCiS- - -
as amenities within a development.
B. Environmental Review Required
/ .
1. A Sensitive Areas Development Plan for property containing regulated wooded areas
must include evidence demonstrating that all regulations of this Section will be met.
Such pian must include the following information:
a. All groves of trees and all woodlands, as these terms are defined in'this Article,
must be delineated on the plan. .
b. The plan must also delineate all woodlands that are to be protected according to
the Woodland Retention and Replacement Requirements in subsection C, below
and all groves that are to be protected. The delineated woodlands must include
the required buffer area. Construction area limits illustrated on the plan must
coincide with these protected areas.
c. Woodland and tree protection methods for proposed development activity shall
be shown on any plan or plat required to be submitted prior to commencement
of development activity. Protection methods should comply with generally
accepted tree protection guidelines and be approved by the City.
d. The plan must indicate the location of the pianting area for any replacement
trees required under this Section.
C. Woodland Retention and Replacement Requirements
Regulated woodlands must be retained according to the following prOVisions. The
percentage of the regulated woodland that must be retained is speCified in Table 51-1,
below according to the underlying base zone.
1.
D.
.",
,
~_.- -
~0~
5.
"
~. Os- Y \ 8"'0 _~Q~~~() ~
Street right of way, public utility corridors and building sites should be located so as
to minimize their impact on woodlands and groves.
Where possible, woodlands and groves to be protected should be located within
designated public or private open space, either through dedication, a conservation
easement, or control by a homeowners' association.
311
4.
14-51-10 Full H dric Soils
, A.
B.
Purpose
Fully hydric soils may indicate the potential existence of jurisdictional wetlands and the
probable existence of a high water table. The purpose of regulating lands that contain fully
hydric soils is to recognize the constraints imposed on urban development projects by
potential wetlands or high water tables. That is:
1. Wetlands are protected under State and Federal law, and as such, are considered no-
build areas uniess appropriate and approved mitigation measures are undertaken.
2: High water tables on a property require special construction practices both for
. " infrastructure such as streets, and for structural development such as residences.
Environmental Review Required
A Sensitive Areas Development Plan for property containing regulated hydric soils must
include evidence demonstrating that all regulations of this Section will be met. Such plan
must include the following information:
1.
2. .
3:
Delineation of areas on the property where hydric soils exist.
Report from a wetland specialist regarding whether wetlands exist on the property.
'" Delineation of a construction area limit, if applicable, and specification of associated
restrictions thereof;
.
C. Regulations
1. If fully hydric soils exist on a property where development activity is proposed, the
property owner shall have a wetlands specialist verify ,whether \l(etlands exist on the
site. If wetlands are found to exist on the site, compliance with the wetlands
" provisions of this Article will be required.
2: . More stringent construction safeguards, as specified by the City, will be required for
streets and storm water management facilities located In fully hydric soils. Sump
..pump discharge tiles andelevations of.windo\,,/ openings may al~o be regulated,. as
. specifiei{tly ttie'city: _. - --, '.- , .' - -:-;, --,' - ,-.-,
D. Design Standards
To the extent possible, urban development projects will be designed so that areas of fully
hydric soils will be treated as an environmental asset; used for storm water detention,
wetland enhancement or buffers, protective greenbelts along stream corridors and
neighborhood open space. '
14-51-11 Prairie Remnants
A. Purpose
The purpose of protecting prairie remnants is to:
1. Preserve the value of prairie remnants for holding soil in place, absorbing pollutants
and taking up large amounts of moisture. These functions are particularly important
when prairie remnants are located along streambanks, adjacent to wetlands or on
areas of highly erodible soil.
2. Protect and enhance the function of prairie remnants to provide wildlife habitat,
ecological diversity and environmental education opportunities in an urban setting.
B. Environmental Review Required
A Sensitive Areas Development Plan for property containing regulated prairie remnants
must include evidence demonstrating that all regulations of this Section will be met. Such
plan must include the following: '
1.' Delineation of all regulated prairie remnants on the property; and
2. Delineation of a cO..r'struc:!ion, area ~i~nd S~~CificatiO"..~ asso~iated restrictions;
~4-o
_________ ~. <:is- -Lt \ 'is' \0
C. Prairie Remnant Regulations
1. Development of properties containing prairie remnants one acre in size or iarger that
are not associated with other sensitive features wili be designed to retain the
maximum amount of prairie remnant possible, while not precluding reasonable,
beneficial use of the property.
2. Prairie remnants associated with other sensitive features, such as stream corridors,
wetlands, steep slopes, woodlands or a stand of significant trees wili be treated as
environmental assets, and wili be considered no-build areas to the extent possible,
and used for buffers, filter strips along waterways, or neighborhood open space.
. ~O?l\\ ~ ~ll
._._-~ .
14-51-12 Arehaeolo ieal Sites
~
A. Purpose.
The purpose of regulating development of lands that contain archaeological sites is to:
Assure that sites that contain import<!nt information regarding the prehistory and
history of the area are identified, studied, protected, or properly excavated when
appropriate.
Allow the opportunity for documentation and study of important prehistoric and
;, historic sites.
1.
I.
'.
2,
3. Allow for the consideration of prehistoric and historic sites in the planning and
development of a property to minimize delays when it is determined that study or
" , excavation of such sites is necessary.
4. Provide for the early identification of human burial sites to ensure that the Code of
Iowa, as amended, regarding such burial sites is not violated and to avoid
unnecessary delays in subdivision development and subdivision redesign if such sites
are discovered after commencement of development.
B. Regulation of Archaeological Sites By Other Agencies
The approval of a Sensitive Areas Development Plan under the provisions of this Section is
in addition to the applicant's obligation to obtain permits required by other local, State or
Federal agencies, and does not alter the applicant's obligation to satisfy and obtain all
other applicable local, State or Federal regulations and permits.
C. Environmental Review Required
A Sensitive Areas Development Plan for property containing regulated archaeological sites
must include evidence demonstrating that all reguiations of this Section wili be met. Such
plan must delineate any archaeological sites and any required buffer on the property and
must document efforts to retain or preserve significant archaeoiogical sites and burial
grounds. The plan must also delineate a construction area limit, if applicable, and specify
any associated restrictions thereof.
D. Notification
When the Sensitive Areas Inventory Map - Phase I Indicates that 'an archaeological site is
located in the quarter section within which a site plan, planned development or a
subdivision is proposed, the City will forward the site plan or subdivision plan to the State
Archaeologist and the State Historic Preservation Officer for an opportunity to comment.
The State may notify the City if a recorded archaeological site exists within the area of the
site plan, planned development or subdivision. The State wili aiso notify the City if the site
is of such archaeological importance that it requires further study by the State or a State-
approved archaeologist. If the State identifies such site, the Iowa City Historic Preservation
Commission or its successor shall be notified and may proceed toward historic designation
of the site as set forth in Article 14-8E, Historic Preservation Commission Approval
Procedures.
J
E. Archaeological Study
1. If it is determined by the State that further study of an archaeological site is
necessary, the City may approve a site plan, planned development or a subdivision,
subject to a requirement that the State or a State-approved archaeologist be allowed
to study the site and, if appropriate, complete an excavation of the site for the
purpose of documenting the significance of the site. The State shall have a period of
UP to 30 calendar days in which the site is frost-free to study and, where appropriate,
. excavate the site. This r~uire':11ent shall not prevent or delay activities which are'
Q'i <<
___.' ~. <::;s - Ll.; \<6\0 . <?g. ~~\,}-f 3\
- approved unaer tile grading ordinance, site plan review, plannedaevel6'j5iiienfor --' . '::, 1
subdivision regulations for portions of the property which do not contain y. .
archaeological materials. ,I;
2. The appiicant may choose to hire an archaeologist approved by the State to complete
a study or excavation plan approved by the State. In this way, the study or
excavation work may be completed in a more timely manner.
F. Significant Archaeological Sites
1. If the State determines that the property includes a significant prehistoric or historic
site that cannot be studied and excavated within a 30 calendar day period, the site
plan, planned development or a subdivision plan may be approved subject to an
archaeological assessment plan, which specifies a period of time in which the State or
a State-approved archaeologist may document or excavate a site. ..
2. If the site is determined to be of such state or national significance'that it should not
be disturbed, an attempt must be made to design the site plan, planned development
or subdivision plan to allow retention of the site as private or PU9iic !lpen sp-pce.
G. Burial Grounds
When a site contains a human burial ground, the State Archaeologist shall determine the
significance of the burial ground and whether or not the human remains may be
disinterred. If the State Archaeologist determines that the human remains should not be
disturbed, the portion of the property containing the burial grounds plus a 20-foot buffer
around the burial grounds,shall beset aside as permanent, private or pubiic open space.
H. Discovery of Unrecorded Archaeological Sites
If, during the course of grading or construction, prehistoric artifacts, historic objects or .
significant archaeological materials, such as human remains or a prehistoric human
settlement, are encountered, the City must be notified. The City must notify the State,
which may take steps to excavate and preserve the objects, if practical, or in the case of
human burial grounds, the State Archaeologist shall determine whether or not the human
remains can be disinterred. If it is determined that the human remains cannot be
disinterred, the portion of the property containing the burial ground shall be ~t~fti1dtdm
pre-construction condition by those persons responsible for the disturbance.
Article J. Flood Plain Management Standards
--,
14-5)-1 Pur ose
The purpose of this Article is to protect and preserve the rights and privileges and property of
Iowa City and its residents and to protect, preserve and improve the peace, safety, health,
welfare, comfort and convenience of its residents by minimizing flood losses. The provisions of
this Article are designed to: ; , .' .." ,_.
l..;;:-= A:s.:~R~se.!Ye".s~~ci~t.flC?odp)~in3r:~'! for tt1e copy~yauc~ of .!!ogdflows so'that_~.ood.beights__
'\ and velOCities Will not be Increased. substantially. ..' " c'.. 0' ~,..
. ,., 1
B. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood
or that cause excessive increases in flood heights or velocities.
C. Require that uses vulnerable to floods, including public utilities that serve such uses, be
protected against flood damage.
D. Assure that eiigibility is maintained for property owners to purchase flood insurance "
through the national flood insurance program.
"-~~
,
14-5)-2 A licabili and Inter retation
A. Application of Provisions .
The regulations within this Article apply to alJ lands and uses that have significant flood
hazards. The Johnson County, Iowa an,d Incorporated Areas Flood Insurance Rate Map,
dated August 20, 2002, and any future revisions thereto, shall be used to identify such
flood hazard areas. All areas shown thereon located within the boundaries of the 100-year .
flood event are considered to have significant flood hazards. Where uncertainty exists with
respect to the precise location of the 100-year flood boundary, the location will be
determined on the basis of the 100-year flood elevation at the particular site'in question. It
shall be the responsibility of the property owner to obtain the accurate grouiid'~tion
Q.l..f~
B. Minimum Requirements
The provisions of this Article are considered minimum requirements and will be Iiberaily
construed in favor of the governing body and will not be deemed a limitation or repeal of
any other powers granted by State statutes.
C. Abrogation and Greater Restrictions .
It is not intended by this Article to repeal, abrogate or impair any existing easements;"
covenants or deed restrictions. However, where this Article imposes greater restrictions,
the provisions of this Article shall prevaii. Where more specific provisions herein Conflict
with other provisions of .this Titie, this Article shall prevaii. ' ,'. -,"
14-5J-3 Le al Authori and Findin s of Fact
A. Legal Authority
Chapter 455B, Code of Iowa, as amended, gives cities authority to adopt regulations
governing deveiopment and redevelopment within flood hazard areas, including
designation of flood hazard maps.
B. Legislative Findings
1. The flood hazard areas of Iowa City are subject to periodic inundation which can
result in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protl!ction and
relief and impairment of the tax base, all of which adversely affect the peace, safety,
health, welfare, comfort and convenience of its residents.
2. These flood losses, hazards, and related adverse effects are caused by the occupancy
of flood hazard areas by uses vulnerable to flood damages. Such uses create
hazardous conditions as a result of being inadequately elevated or otherwise
protected from flooding and the cumulative effect of obstructions on the flood plain
causing increases in flood heights and velocities.
3. This Article relies upon engineering methodoiogy for analyzing flood hazards, which is
consistent with the standards established by the Iowa Department of Natural
Resources or its successor.
14-5J-4 Com liance with Provisions; Nonconformin Situations
A. Except as provided in subsection B, below, no structure or land shall hereafter be used
and no structure shall be located, enlarged, converted or structurally altered without full
compliance with'the terms of this Article. .
B. If a structure that is not in compliance with the provisions of this Article iawfuily existed
prior to May 2, 1977 and has existed continuously without abandonment since that time,
then improvements may be made to the structure, notwithstanding the provisions of this
Article, provided such improvements do not constitute a substantial improvement as
defined in Article 14-9F, of this Titie, Flood Plain Management Definitions. However,
structures, uses, or developmentthat are nonconforming with regard to other provisions
of this Title must comply with the applicable regulations contained in Article 14-4E,
Nonconforming Situations.
14-5J-5 Enforcement
A. Enforcement Official Designated
The Building Offidal shall administer and enforce the provisions of this Article.
B. Duties and Responsibilities
Duties and responsibilities of the Building Offidallnclude, but are not necessarily limited to
the following:
~4f3
______ ~. os -'-\t % 1.0 ~_ ----~-'(s'. ~L\L-\ a-f 2> ~
1. Record and maintain a record of the elevation (in relation to National Geodetic' ,,"\
Vertical Datum) of, the lowest floor of all new or substantially improved buildings or ,
the elevation to which new or substantially improved structures have been
floodproofed. .
2. Notify adjacent communities or counties and the Iowa Department of Natural
Resources, or its successor, prior to any proposed aiteration or relocation of a
watercourse.
3.
Keep a record of all permits, appeals, variances and other such transactions and
correspondence pertaining to the administration of this Article.
j~.
14-5J-6 Flood Plain Develo ment Permit
A. . Permit Required
A Flood Plain Development Permit, issued by the Building Official, must be obtained prior
to initiation of any deveiopment within the lOa-year flood plain according to the applicable
review and approval procedures contained in Article 14-8B, Administrative Approval
Procedures. .
B. Compliance
Flood Plain Development Permits based on approved plans and applications authorize only
the use, arrangement, and construqion set forth in such approved plans and applications.
Prior to use or occupancy of any structure, the applicant will be required to submit
certification by a professional engineer or land surveyor, registered in the State, that the
finished fill, building floor elevations, flood proofing or other flood protection measures
were accomplished in compliance with the provisions of this Article. Any use, arrangement
or construction not in compliance with the uses authorized will be deemed a violation of
this Article.
14-5J-7 General Flood Plain Mana ement Standards
All properties subject to the regulations of this Article must comply with the following applicabie
performance standards.
A. General Construction Requirements
All structures shall be:
1. adequately anchored to prevent flotation, collapse or lateral movement of the
structure; and
2. constructed with materials and utility equipment resistant to flood damage; and
3. constructed by methods and practices that minimize flood damage.
B. Residential Buildings
1. All new or substantially improved residential structures must have the lowest floor,
including basement, elevated a minimum of one foot above the lOa-year flood
elevation.
2. Where existing topography, street grades, or other factors preclude elevating by fill,
alternate methods of elevating, such as piers, may be allowed, subject to approval of
a special exception by the Board of Adjustment. In such a case, convincing evidence
must be presented to the Board of Adjustment that the methods used will be
adequate to support the structure as well as withstand the various forces and
hazards associated with flooding. - . _
C. Nonresidential Buildings
1. All new or substantially improved nonresidential buildings must have the first floor,
including basement, elevated a minimum of one foot above the lOa-year flood
elevation or, together with attendant utility and sanitary systems, be floodproofed to
such a level.
2. When floodproofing is utilized, a professional engineer registered in the State shall
certify that the floodproofing methods used are adequate to withstand the flood
depths, pressures, velocities, impact and uplift forces and other factors associated
with the lOa-year flood event, and that the structure below the lOa-year flood
elevation is watertight with walls substantially impermeable to the passage of water.
Such certification must also indicate the specific elevation, in relation to 'National
, Geodetic Vertical Datum, to which any structures are floodproofed. A record of this,
.. c~.rtification will be retained in the office of the Building Official. .
':<. Y-,--\: _
~.OS-';I6'1o
C?(J' ~ys- ll\ 311
-~~~ -- - ~~_._- -~-,- ..'~---
D. All New and Su~stantially Improved Structures
1. Fully enclosed' areC[s below the "lowest floor" that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior wails by
ailowing for the entry and exit of flood waters. Designs for meeting this requirement
must either be certified by a registered professional engineer or meet or exceed the
foilowing minimum approval criteria:
a. There must be a minimum of 2 openings having a total.net area of not less than
one square inch for every square foot of enclosed area subject to flooding.
b. The bottom of ail openings shail be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves or other coverings or
. devices, provided the openings permit the automatic entry and exit of
floodwaters.
2. New and substantiaily improved structures must be designed Or modified and
adequately anchored to prevent flotation, coilapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy. .
3. New and substantiaily improved structures must be constructed with electrical,
1 ! "-'.:,he.ating, ventilation, plumbing and air-conditioning equipment and other service
o C facilities that are designed and located SO as to prevent water from entering or
accumulating within the components during conditions of flooding.
.E. Manufactur:ed Housing
Manufactured housing, including. those placed in existing manufactured housing parks,
planned developments, or subdivisions, must be:
1. Anchored to resist flotation, coilapse or lateral movement.
2. Elevated on a permanent foundation such that the lowest floor of the structure is a
minimum of one foot above the 100-year flood elevation.
F. Utility and Sanitary Systems
1. Ail new or replacement on-site sewage waste disposal systems must be located or
designed to avoid impairment to the system or contamination from the system during
flooding.
.2. . New or replacement water supply systems must be designed to minimize.or eliminate
infiltration of floodwaters into the system. Water supply facilities must be provided
with a levei of protection equal to or greater than one foot above the 100-year flood
elevation.
3. Utilities, such as gas or electrical systems, must be located and constructed to
minimize or eiiminate flood damage to the system and the risk associated with such
flood damage or impaired systems.
G. Storage of Flammable, Explosive or Injurious Materials
, Storage of materials and equipment that are flammable, explosive or injurious to human,
animal or plant life is prohibited unlesselevated a minimum of one foot above the 100-
year flood elevation. Other material and equipment must either be similarly elevated or:
~ 1. not be subject to major flood damage and be anchored to prevent movement due to
flood waters or;
2. be readily removable from the area within the time available after flood warning.
H. Flood Control Structural Works
Flood control structurai works, including but not limited to levees and flood walls, must
provide, at a minimum, protection from a 100-year flood event with a minimum of 3 feet
of design freeboard and must provide for adequate interior drainage. In addition, flood
control structural works must be approved by the Iowa Department of Natural Resources
or its successor.
I. Inhibiting Floodways and Drainage Facilities
No use shail affect the capacity or conveyance of the channel or floodway of any tributary
to the main stream, drainage ditch or other drainage facility or system.
,....c,.
~'is-
~. ~::s- -4 t ~l.o
C?<J' ~'-\~ ~ :S~l
J.
Subdivisions
Subdivisions and Planned Developments, including manufactured housing parks, must be
designed to minimize flood damage and must have adequate drainage provided to reduce
exposure to flood damage, and must meet the applicable performance standards
established by the City Engineer. Any subdivision, planned development, or manufactured
housing park intended for residential development must provide all lots with a means of
vehicular access that will re.main passable during occurrence of the lOO-year flood event.
K. Accessory Stl\lctures
The exemption of detached garages, sheds and similar structures from the IOO-year flood
elevation requirements may result in increased premium rates for insurance coverage of
the structure and contents; however, said detached garages, sheds and similar accessory
type structures are exempt from the IOO-year-flood elevation requirements when all of the
following conditions exist:
~
\.
1. The structure is not used for human habitation.
2. The structure is designed so as to have low flood damage potential.
3. The structure is constructed and placed on the building site so as to offer minimum
resistance to the flow of flood waters.
4. The structure is firmly anchored to prevent flotation, which may result in damage to
other structures.
5. The service facilities for the structure, such as electrical and heating equipment, are
elevated or flood proofed to at least one foot above the IOO-year flood elevation.
14-5J-8 5 ecial Floodwa Provisions
l ~
In addition to the generai flood plain standards listed above, uses within the floodway must
meet the following applicable standards.
A. No use is permitted in the floodway that would increase the IOO-year flood elevation,
unless approved by the Iowa Department of Natural Resources or its successor.
B. All uses within the floodway must: <
1. Be consistent with the need to minimize flood damage; and
2. Use construction methods and practices that will minimize flood damage; and
3. Use construction materials and utility equipment that are resistant to flood damage.
C. No use is permitted that would affect the capacity or conveyance of the channel or
floodway or any tributary to the main stream, drainage ditch or any other drainage facility
or system.
,D. Structures, buildings and sanitary and utility systems, if permitted, must meet the
applicable general flood plain management standards and must be constructed 6F and
aligned'to present the minimum possible resistance to flood flows.
E. Buildings, if permitted, must have low flood damage potential and must not be used for
human habitation.
F. Storage 'of materials or equipment that are buoyant, flammable, explosive or injurious to
human, animal or plant life is prohibited. Storage of other material may be allowed if
readily removable from the floodway within the time available after flood warning.
G. Watercourse alterations or. relocations, including channel changes and modifications, must
be designed to maintain. the flood-carrying capacity within the altered or relocated portion.
In addition, such alterations or relocations must be approved by the Iowa Department of
, Natural Resources or its successor. .
H. Any fill or stream bank erosion control projects allowed in the floodway must have some
beneficial purpose and will be limited to the minimum amount necessary.
I. Pipelines that cross rivers or streams must be buried in the streambE!d and banks or
otherwise sufficiently protected to prevent rupture due to channel degradation and
meandering or due to action of flood flows.
~%,
~. o.:s- - LH. 8' <c
<<d'd.L\,:\~ 3\1
- -"--------,-
----- -~-_..---.-
14- 5J-9 Variances
The Board of Adjustment may authorize, upon request, in specific cases, such variances from
the terms of this Article that will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this Article will result in unnecessary and
undue hardship. To ensure that the spirit of the ordinance is observed and substantial justice
done, no variance to the strict application of any provision of this Article shall be granted by the
Board unless the applicant demonstrates that all of the following approval criteria are met. In
addition, the applicant must meet all the provisions and general approval criteria for variances
as stated in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional
Uses.
A. Approval Criteria
1. No variance shall be granted for any development within the floodway that would
result in any increase in flood elevation during the occurrence of the lOO-year flood
event, unless approved by the Iowa Department of Natural Resources or its
successor.
2. Variances shall only be granted upon a showing of good and sufficient cause, and a
determination that the granting of the variance will not result in increased flood
elevation, additional threats to public safety, extraordinary public expense, create
nuisances or cause fraud on or victimization of the public.
3. Variances shall only be granted upon a determination that the variance is the
minimum ~ecessary, considering the flood hazard, to afford relief.
4. In cases where the variance involves a lower level of fiood protection for buildings
than what is ordinarily required by this Article, the applicant shall be notified, in
writing, over the signature of the Building Official, that the issuance of a variance will
likely result in increased premium rates for flood insurance.
5. All variances granted shall have the concurrence or approval of the Iowa Department
of Natural Resources or its successor.
B. Factors for Consideration
When considering applications for variances"the Board of Adjustment will consider all
relevant factors specified in other sections of this Article in addition to the following
factors:
1. The danger to life and property due to increased flood elevation or velocities caused
by encroachments.
2. The danger that materials may be swept on to other land or downstream to. the
injury of others.
3. The importance of the services provided by the proposed facility to the community.
4. Such other factors that are relevant to the purposes of this Article.
C. Conditions of Approval
Upon consideration of the factors and approval criteria listed above, the Board of
Adjustment may attach such conditions and safeguards to the granting of a variance as it
deems necessary to fulfill the purposes and intent of the provisions of this Article.
14-5J-10 Amendments
The regulations and standards set forth in this Article may, 'from time to time, be amended,
supplemented, changed or repealed. No amendment, supplement, change or modification shall
be undertaken without prior approval of the Iowa Department of Natural Resources or its
successor.
14-5J-11 Warnin and Disclaimer of Liabili
The degree of flood protection required by this Article is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by human-made or natural aluses, such as
ice jams and bridge openings restricted by debris. This Article does not imply that areas oqtside
the regulated areas, including fiood hazard maps, or that uses permitted within the regulated
r--------
,;
-
,
-
~I.fl
~. 0 -s- -~\ '(\.0
~o.:.? L\ 'l ~ :3 q
. areas will be free from flooding or flood damages. This Article shall not create liability on the
part of Iowa City or any officer or employee thereof for any flood damages that result from
reliance on this Article or any administrative decision lawfully made hereunder.
Article K. Neighborhood Open Space Requirements
14-SK-l Pur ose
The Neighborhood Open Space Requirements ensure that adequate usable neighborhood open
space, parks and recreation facilities are provided in a manner that is consistent with the
Neighborhood Open Space Plan, as amended, by using a calculable method to equitably
apportion the costs of acquiring and developing land for those purposes. The provisions of this
Article require development, which creates increased needs for neighborhood open space
("open space impact"), to pay a proportionate share of the City's capital improvements to fulfill
said open space impact. Usable neighborhood open space includes pedestrian/bicycle trails,
preferably located within natural greenway systems, and neighborhood parks that serve nearby
residents. Portions of larger community parks may be adapted for neighborhood use, but this
Article is not intended to fund the acquisition of community parks or large'playing fields for
organized sports. This Article is also intended to encourage, wherever reasonably feasible, the
dedication of-sensitive areas in conjunction with usable open space.
14-SK-2 A licabili
As a condition of approval for residential subdivisions, commercial subdivisions containing
residential uses, and planned developments, the applicant shall dedicate land, pay a fee in lieu
of lan( or a combination thereof, for park, greenway, recreational and open space purposes, as
determined by the City and in accordance with the provisions of this Article.
14-SK-3 Dedication of Land
~
A. Amount of Land to be Dedicated.
The amount of land dedication shall be determined by the following formula. This formula
is deemed a reasonable calculation of the additional need for neighborhood open space
created by the subject subdivision or planned development.
A x 0.65DU x PDU x 3/1000, where
A = Acres of undeveloped property;
DU = Maximum dwelling units per undeveloped acre (43,560 divided by the minimum
lot area requirement for the highest density residential use allowed in the subject
base zone);
0.65 = This percentage figure reflects the average development density occurring in
Iowa City;
PDU = Persons per dwelling unit based on the most. recent census; and
3/1000 = The community standard of acres for active neighborhood open space
required per 1,000 persons, as determined by the formulas set out in the
Neighborhood Open Space Plan, as amended.
B. Nature of Land to be Dedicated
Exi:ept as otherwise required by the City, all deeications of land shall meet the following
criteria:
,
,
1. . Usability
At least 90 percent of the land required to be dedicated shall be located outside of
floodways, lakes or other water bodies, .areas with slopes greater than 15 percent,
wetlands subject to Federal or State regulatory jurisdiction and other areas the City
reasonably deems unsuitable for neighborhood open space due to topography,
flooding or other appropriate considerations. Dry bottom stormwater detention
facilities and dry creek areas may be credited toward reaching a portion of the
required land dedication when the City determines that such areas are suitable for
use as neighborhood open space. The City encourages. the dedication. of lakes,
ponds, creeks, other water bodies, wetlands falling under the jurisdiction of State or
Federal agencies and other sensitive areas including woodland areas, both as 10
percent of and in addition to the dedicated land required by this Article, if sufficient
abutting land is dedicated as a usable, public recreation area or park.
'J..~f'
Q"Vl' Cl~.--=:t_~?'(P.
-;'___%";).1.\. '\. ~'3~,
I
2.
Unity
. The dedicated land shall form a single parcel of land, except where the City
determines that 2 or more parcels or greenways/trails would best serve the pubiic
interest, given the type and distribution of neighborhood open space needed to
adequately serve the proposed development. If the City determines that 2 or more
_,parcels,V!o~ld. b!lst,seJve.\he:Pll.bliG,ln.tflr!!~, ;t\']e-City;!I1ay!~quire.\hat su~~,parce~'De'"
connected by a dedicated strip of land at least.20 feet wide in order to provide access
and continuity between said parcels.
Location
T~e dedicated land shall be located so as to reasonably serve the recreation and
open space needs of the residents of the Subdivision or planned development.
Shape
If a sufficient amount of land is dedicated to accommodate recreational facilities and
activities, such as fields, courts or playground equipment, the shape of the dedicated
land shall be suitable for such facilities and activities. Linear open space should be of
suffident width to accommodate trails and adjacent greenwa~s.
ACcess
a. Greenways/Trails
Public access to greenways/trails shall be provided by a public access easement
at least twenty 20 feet in width. In addition, greenways/traiis shall be connected
to existing. or proposed greenways/trails on adjacent property.
b. Parks
Public access to the dedicated land to be used for parks shall be provided either
by adjoining public street frontage or by a dedicated publiC access easement at
least 50 feet in width, which connects the dedicated land to a pubiic street or
right-of-way. The grades adjacent to.existingand proposed streets shall permit
reasonable access to the dedicated land. The parcel shall be safely accessible to
pedestrian traffic.
Responsibility for Site Preparation
a. The City may require the subdivider or developer to grade and seed those
portions of the dedicated land to be improved prior to dedication of the property
and prior to City'S acceptance of the dedication. .
b. Where the dedicated land is located adjacent to a street, the subdivider or
deveioper shall remain responsible for the installation of utilities, sidewalks and
other improvements required along that street segment.
c. Prior to de.dication, the subdivider or developer shall be responsible for restoring
satisfactory ground cover and controlling erosion on land to be dedicated that
has been disrupted as a result of development activities by the subdivider or
developer.
3.
4.
S.
6.
"
C. procedure for Dedication of Land
1. The dedication of land shall be reviewed as part of the preliminary subdivision piat or
preliminary Planned Development Plan, whichever is applicable. The subdivider or
developer shall designate the area or areas of land to be dedicated pursuant to this
Article on the preliminary subdivision plat or Planned Development Plan. Where
wetlands have been delineated on the property, the preliminary subdivision plat or
Planned Development Plan shall also identify the boundaries of such wetlands.
2: Upon receipt of the preliminary subdivision plat, the Director of Planning and
Community Development (PCD) shall SUBmit a copy to the Director of the
Department of Parks and Recreation for review by the Parks and Recreation
Commission. The Parks and Recreation Commission shall submit recommendations
concerning the land to be dedicated to the Planning and Zoning Commission within
21 business days of the receipt of a complete application for preliminary subdivision
plat or preliminary planned development.
3.' Once the final subdivision plat or final planned development is approved and any
public improvements required to be installed by the subdivider or developer within
the land to be dedicated have been installed, approved, and accepted by the City,
and the subdivider or developer has completed site preparation pursuant to
paragraph 14-5K-3B-6, above, the subdivider or developer shall provide a properly
executed warranty deed conveying the dedicated land to the City within 2 years of
final plat approval (or final planned development approval) or by the time the City
issues 50 percent of the certificates ot' occupancy for the subdivision, at the discretion
. of the City, or. as otherwise specified in the subdivider's or developer agreement.
~<tl
~. CJ,s- -LI;\ ~\o
<?f). J...Si)'~ 3\,
The City shall formally accept the dedication of land for open space, parkland or
greenways/tralls by resolution.
4.
14-SK-4 Pa ment of Fees in Lieu of Land Dedication
..
General
The payment of fees in lieu of dedication of land may occur at the request of the
subdivider or developer with approval by the City, or may be required by the City. The
payment of fees in lieu of land dedication shall be reviewed and approved as part of the
preliminary subdivision piat or preliminary planned development.
~JA.
B.
.'
Request by Subdivider or Developer
1. If a payment in lieu of open space is requested, the subdivider or developer must .
indude such request in a letter submitted with the application for a preliminary
subdivision or preliminary planned development, whichever is applicable.
2. The PCD Director will fOlWard a copy ofthe preliminary subdivision plat or preliminary
planned development, along with a copy of the letter requesting payment of fees in
lieu of land dedication to the Director of the Department of Parks and Recreation.for
review by the Parks and Recreation Commission. The Commission shall.submit any
and all recommendations concerning the payment of fees in lieu of dedication to the
Planning and Zoning Commission within 21 business days of the date a complete
application for preliminary subdivision plat or planned development is submitted.
3. The Planning and Zoning Commission wilr c~nsider the request for payment of fees in
lieu of land dedication during the subdivision or planned development review process
and fOlWard its recommendations to the City Council.
Determination of Fees in Lieu of Dedication Criteria
The Eity may, at its discretion, require the payment of fees in lieu of the subdivider
dedicating land, if the City finds that all or part of the limd required for dedication is not
suitable for public recreation and open space purposes, or upon a finding that the
recreational needs of the proposed subdivision can be met by other park, greenway, or'
recreational facilities planned or constructed by the City within reasonable proximity to the
subdivision. The City shall consider the following factors in making its determination:
,ft.' :<:1
1. Recreational and open space elements of the City Comprehensive Plan, as amended, .
and the relation of the subdivision to the proposed open space and recreational
areas;
C.
2. Topographic and geologic conditions of the land available for dedication;
3. Size, shape, location of and ac~ess to the land available for dedication;
4. The character and recreational needs of the neighborhood where the subdivision is
located;
5. The costs of developing open space and recreational areas in the subdivision; . ,
. 6. The actual or potential development of open space and recreational areas on'lahd
adjacent to the subdivision which will serve the needs of the subdivision; . " '" :,~
i. Recommendations of staff, the Parks and Recreation Commission and the Planning
and Zoning Commission; and
8. Any other relevant information.
D. Time of Payment
Fees in lieu of dedication must be paid in full by the subdiVider/developer prior to the
issuance of the first building permit for a lot in the subdivision or planned development.
E. Amount of Payment
The fee shall be equal to the fair market value of the land that othelWise would have been
required for dedication. The fair market value of the undeveloped land shall be determined
by a qualified real estate appraiser who is acceptable to both the City and the subdivider
or developer. The City and subdivider/developer will equally share the appraisa'l costs.
QS-o
C)'\.L\. a.s- - <-\ \ '?' lo
~cJ . dS \ ~3 \ '\
14-5K-5 Re uirin Both Dedication of'Land and Pa ment of a Fee
The City may, at its discretion, require a subdivider or a developer of a planned development to
dedicate a portion of the land required under the formula set forth in this Article, and also to
pay a fee in lieu of dedication for the remaining portion of the land by said formula. The fee for
the remaining portion shali be determined by a qualified reai estate appraiser who is acceptable
to both the City and subdivider or developer. The City and subdivider/developer will equaliy
share the appraisal costs.
-
14-5K-6 Use of Funds
. C.
A. The City's Neighborhood Open Space Plan, as amended, divides the City into
Neighborhood Open Space Districts. AIi payments in lieu of dedication shali be deposited in
. ~~ spe~neigltbolhood.opeD,SR.ace.acq)untdesignate9 bYJhe name of the"contributing~
development. AIi payments will be used to acquire ordevelop open spaces, parks, .
recreation facilities and greenways/trails-that are located within the Neighborhood Open
Space District containing the subject subdivision or planned development and wili benefit
the residents of the subdivision or planned development for which payment has been
made.
B. The City must use the payment in lieu of dedication within five years from the date
received. This period will be automatically extended an'additional five years jf the .
subdiVider/developer has not constructed at least 50 percent of the'units withtritheC
subdivision or planned development for which payment in lieu of dedication has been
made. .~
If the City has not spent the funds by the last day of the five-year period or, if extended,
by the last day of an additional five years, the City'shali within 90 days thereafter mail to
the property owner, at the address on file with the Johnson County Treasurer's Office, a
. proportional refund based on the percentage of the platted lots they own of the total
platted lots In the subdivision or pianned development. The subdivider's
agreement/development agreement for each subdivision/planned development for which
the subdivider/developer has made payments in lieu of dedication shali Inform ali property
owners and successors in interest to properties in the subdivision/planned development of
the .right to a refund as provided for herein.
- -----'=-
CHAPTER 6. AIRPORT ZONING
Insert (ormer f 4-8, Airport Zoning - No text changes to this chapter
CHAPTER 7. ADMINISTRATION
Article A. Boards and Commissions
14-1A-l Plannin and Zonin Commission ,
. A. Commission Established; Membership; Compensation .
The Planning and Zoning Commission consists of 7 members who shali be appointed by
the Mayor, subject to tile provisions of the Code of Iowa, as amended, and ttie approval of
the City Council. AIi members of the Commission shali be qualified electors of the City of
Iowa City. Commission members shali serve without compensation.
B. Purpose
In order to provide for the general welfare of tlie citizens of Iowa City, a Planning and
Zoning Commission is established to advise the City Council on ali matters pertaining to
the physical development of Iowa City, including the Comprehensive Plan and any.laws
pertaining to land deveiopment necessary to implement the Comprehensive Plan.
C. . Powers and Duties
The Planning and Zoning Commission shali have the foliowing powers, in addition to any
other conferred by law:
~I
Q-\A,_{)_S_-:~\'i{\.o . ~0-' ~~ 0\1
Make such surveys, studies, maps, plans or plats of the whole or any portion of the
City and of any land outside the City which, in the opinion of the Commission, bears
relation to the City's Comprehensive Plan. The Commission shall submit such surveys,
studies and plans to the City Council along with its recommendations and it may
publish the same.
Make recommendations to the City Council regarding planned developments and
plats or replats of subdivisions in the City which show streets, alleys or other areas
intended to be dedicated for public use.
Make recommendations for streets, parks, rights of way, boulevards, trafficways, or
other public improvements or for the vacation thereof.
Carry on comprehensive studies of present conditions and future growth of the City in
order to guide and achieve a coordinated and harmonious development of the City in
accordance with the City's present and future:needs to the end that the health,
safety, order, convenience, prosperity and general welfare of the community may be
best promoted.
1.
2.
3.
4.
5. . Prepare a Zoning Ordinance regarding the height, number of stories and size of
buildings and other structures, the percentage of ground that may be occupied, the
size of yards, courts and other open spaces, the density of population, and the
location, design, and use of buildings, structures and land for commercial, industrial,
residential or other purposes. To this end, the Commission shall prepare a preliminary
report regarding any proposed amendments to the Zoning Ordinance and hold public
meetings thereon. After such meetings have been held, the Commission shall also
submit a final report and recommendations to the City Council. The Commission shall
hold public meetings on and make recommendations to City Council regarding
repealing amendments to the Zoning Ordinance.
6. Conduct public hearings on and adopt a Comprehensive Plan and recommend to the
City Council, from time to time, as conditions require, amendments, supplements,
changes or modifications to the Comprehensive Plan.
7. . Do all things necessary or advisable in order to carry out the intent and purpose of
this Article and State law.
D. Commission Bylaws
The Commission shall adopt bylaws to establish the time and place of meetings, the
procedure for selecting a chairperson and vice chairperson, who shall act as chairperson
when the chairperson is absent or abstaining, and a secretary and such other bylaws as
are necessary to implement the provisions of this Article. Copies of all bylaws shall be kept
on file in the Departt)1ent of Planning and Community Development and in the office of the
City Clerk.
o
14-7A-2 Board of Ad'ustment
A. Board Established; Membership; Compensation
The Board of Adjustment shall consist of five members appointed by the Mayor with the'
consent of the City Council for. a term of five years. Members shall be qualified electors of
Iowa City. A majority of the members of the Board shall be persons representing the
public at large; a majority of the Board shall not be involved in the business of purchasing
or selling real estate. Board members shall serve. without compensation.
.. PurpoSe" .
The purpose of the Board is to provide relief from the requirements of the Zoning Title
when a variance is warranted, provide extra scrutiny in cases where special exceptions
allowed by this Title are requested, and provide an avenue for appeal of administrative
decisions regarding the enforcement and implementation of this Title. The decisions of the
Board should serve the public interest, meet the intent of this Title, and be consistent with
the Comprehensive Plan of the City, as amended.
C. Powers and Duties
The Board shall have the following powers:
J
...--..-......;.
';{ .s-~
~_ c~- -l.\\ '?I..p
<<8' ';)s3 ~ 2> \1
1. Appeals
To hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by the City Manager or designee in the
enforcement of this Title or of any ordinance adopted pursuant thereto.
:z. Special Exceptions
To hear and decide applications for special exceptions to the terms of this Title in
accordance with the general and specific approval criteria set forth in this Title and
specifically in Chapter 4, Article B, Variances, Special Exceptions, and Provisional
Uses.
3. Variances
To authorize upon appeal in specific cases such variances from the terms of this Title
as will not be contrary to the public interest, where owing to special conditions a
literal enforcement of the provisions of this TItle will result in unnecessary hardship
. and so the spirit of the ordinance shall be observed and substantial justice done. No
variance to the strict application of any provision of this Title shall be granted by the
Board unless the applicant demonstrates that all of the approval criteria for variances
set forth in Article 14-4B, Variances, Special Exceptions, and Provisional Uses, have
been met.
D. Procedural Rules
The Board shall adopt rules to establish the time and place of meetings, the procedure for
selecting a chairperson and vice chairperson, who shall act as chairperson when the
chairperson is absent or abstaining, and such other procedural rules as are necessary to
implement the provisions of this Article. Copies of all rules shall be kept on file in the office
of the Board's secretary and in the office of the City Clerk. The chairperson or, in the,
chairperson's absence, the acting chairperson may administer oaths or compei the '\ .
attendance of witnesses. - 1 .~-:' .'_\O..~
14-7A-3 Historic Preservation Commission
A. Commission Established; Membership; Compensation
The Historic Preservation Commission consists of at least 7 members who shall be
appointed by the Mayor for terms of three years, subject to the prOVisions of the Code of
Iowa, as amended, and the approval of the City Council. All members of the Commission
shall be qualified electors of the City of Iowa City. At least one resident of each designated
historic district shall be appointed to the Commission. Other members shall be chosen at
large from any part of the City and shall have some expertise in history, urban planning,
architecture, archaeology, law, sociology or other closely related field, or shall demonstrate
interest in the area of historic preservation. At least 4 of the members shall hold
".appointments at large: Should the number of officially designated historic districts exceed
3 in number, a new member shall be added to the Commission for each new district in
excess of 3 districtS. The new member shall be appointed by the City Council as soon as
practicable after' the official designation of the historic district triggering the operation of
the preceding clause. -". .
B. Purpose
The purpose of the Historic Preservation Commission is to:
1. Promote the educational, cultural, economic and general welfare of the pubiic
through the protection, enhancement and perpetuation of historic districts and
historic and cultural landmarks located'in the City;
2. Safeguard the City's historic, aesthetic and cultural heritage by preserving districts,
historic landmarks and properties of historical, architectural and cultural significance;
3. Stabilize and improve property values by conserving historic properties;
4. Foster civic pride in the legacy of beauty and achievements of the past;
S. Protect and enhance the City's attractions to tourists and visitors and thereby support
and stimulate business;
6. Strengthen the economy of the City; and
7. Promote the use of districts of historic and cultural significance as sites for the
. education, pleasure and welfare of the people of the City.
~S-3
~
~. a,s--4\ 'il'l.c
<Sa' ~S'~ ~ 3\1
c.
D..
Powers and Duties - - -- ---
1. The Commission shall be authorized to conduct studies for the identification and
designation of "conservation diStricts", "historic districts" and "historic landmarks"
meeting the definitions established by this Title. The Commission may proceed at its
own initiative or upon a petition from any person, group or association.
2. The Commission shall review and act upon all applications for Certificates of
Appropriateness.
3. The Commission shall further the efforts of historic preservation in the City by making
recommendations to the City Council and City commissions and boards on
preservation issues when appropriat~, by encouraging the protection and
enhancement of structures with historical, architectural or cultural value, and by
encouraging persons and organizations to become involved in preservation activities.
Commission Bylaws
The Commission shall adopt bylaws to establish the time and place of meetings, the
procedure for selecting a chairperson and vice chairperson, and. such other bylaws as are
necessary to implement the provisions of this Article. The Commission shall have the
authority to adopt rules of procedure in connection with the approval or disapproval of
certificates of appropriateness subject to approval of the City Council. Copies of all bylaws
shall be kept on file in the Department of Planning and Community Development and in
the office of the City Clerk.
E.
Secretary
The City Manager shall designate a person to serve as secretary to the Commission. The
secretary shall keep a record of all applications for certificates of appropriateness,
resolutions, proceedings, and actions of the Historic Preservation Commission and may be
authorized to make decisions regarding appliCations for minor historic reviews.
Dulgn Review Subcommittee
P.
The Commission shall have the authority to establish a historic preservation design review
subcommittee to review and make recommendations to the Commission regarding
applications for certificates of appropriateness. Said subcommittee shall consist of three
members of the Commission, appointed annually by the Commission.
Article B. Development Fees
14-78-1 Le islative Findin 5
The City Council finds, determines and declares the following as legislative facts:
{
A. Residentiai development and redevelopment in the Near Southside Neighborhood
(Neighborhood), will create an increased demand and need for off-street parking; that
such development and redevelopment will have an impact on the Municipal Parking Facility
system; and that without the provision of adequate off-street motor vehicular parking'
spaces, such development and redevelopment would create undue traffic congestion and
generally be contrary to the health, safety and welfare of the citizens of Iowa City:
B. Due to the Neighborhood's proximity to the downtown area, it is undesirable to devote
significant portions of development sites to parking in the Near Southside Neighborhood,
since it is in the public interest to deveiop land now available in the Neighborhood for
more intensive residential uses.
C. New residential development in that portion of the Near Southside Neighborhood referred
to as the "Near Southside Parking Facility District" will create an increased demand for
additional off-street parking, which demand should be met by and/or paid for by the
development itself according to the proportionaiity of the developmenfs impact upon
existing off-street parking facilities, and the development's creation of increased demand
for additional off-street parking facilities.
D. The City needs to expand its parking facility system to accommodate new residential
development in order to ensure adequate off-street parking and the City Council
recognizes such expanSion is necessary to promote and protect the public health, safety
and welfare.
'-
. ,
I
I
~'f
~. o~-L\;\~\o
~a' d,SS-~ '3 \,
E. The increased need and demand for off-street parking created by new residential
development in the Near Southside Parking Facility District is reasonably and rationally
related to the development's payment of a proportionate share of a new Municipal Parking
Facility or facilities, and a "payment in lieu of off-street parking" is a reasonable and
rational method to further the City's goals of promoting and facilitating intensive economic
development near the downtown area, and at the same time minimizing the use of large
land masses for private parking lots.
F. The imposition of parking impact fees is reasonably and rationally calculable method of
ensuring that new development bears a proportionate share of the cost of parking facilities
necessary to accommodate the resulting increased demand for off-street parking created
by the new development, and the Council wishes to avail itself of this method.
G. The fee established according to this Article is directly derived from, based on and does
not exceed the cost of providing additional off-street City parking facilities as a capital
improvement cost necessitated and generated by the new residential development for
which the fee is to be charged.
H. City involvement in the expansion of the parking facility system as a capital improvement
is appropriate due to the scale and cost of such facilities, and is necessary due to the
proximity of the Neighborhood to the downtown area and the expected high use levels of
such a parking facility system.
I. The fee established by this Article does not constitute a tax.
14-78- 2 Title and Authorit
A. This article shall be known and may be cited as the Near Southside Neighborhood Parking
Facility District Impact Fee Ordinance.
B. The City Council has the authority to adopt this Article under its home rule powers,
pursuant to the Constitution of the State of Iowa, as amended, the Code of Iowa, as
amended, and the United States Constitution, as amended.
14-78-3 Intent and Pur ose
A. This Article is intended to assist in the implementation of the Iowa City Comprehensive
Plan, as amended, and the Near Southside Neighborhood Redevelopment Plan, as
" amended. 'Q
-iB~The'purpose of this Article is to' regulate the use and development of landsoas.to'ensure'~
"... -" . , - - '- ~~'-1
'that new residential development in the Near Southside Neighborhood bears a. ..... ::'
proportionate share of the capital improvement costs necessary to meet the additional' "
parking needs and demands caused by development in this Neighborhood, and to do so by':
paying a portion of the costs needed to meet the need for off-street parking in a Municipal'<
Parking Facility within the Near Southside Parking Facility District of Iowa City. .
~
,
14-78-4 A lication of Provisions
this Article shall apply to all real property within the Near Southside Facility District, Where the
provisions hereof are in conflict with other provisions of this Title, or in conflict with the Near
Southside Neighborhood Redevelopment Plan, as amended, the provisions hereof shall prevail.
14-78-5 Definitions
As used in this Article, the following definitions shall apply:
CAPITAL IMPROVEMENT COST: Includes costs of design, engineering, necessary
consultants, construction, financing of a capital improvement including debt service,
land acquisition, site improvements, and buildings and equipment necessary for a
City off-street parking facility, but excludes maintenance and operation of such
facility. .
MUNICIPAL PARKING FACILITY: A Commercial Parking Facility owned and operated
by the City, and designed to .accommodate the off-street parking of motor vehicles as
a capital improvement. Such parking may be located in a structured parking facility, a
surface lot or a combination thereof.
~
~, as-- _l..\\ ~\o
\\"6 ,~S-\:, '\ 3\\
NEAR SOUTHSIDE PARKING FACILITY DISTRICT: That area of Iowa City bounded
by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate
Railway Main Line on the south and Madison Street on the west, except for Blocks 10
and 21 of County Seat Addition; Lots 5 and 6 of Block 13, County Seat Addition, Lots
3,4, 5, and east 50 feet of Lot 6, and the south 40 feet of Lot 2, Block 11, County
Seat Addition, and Lots 10-15, Lyon's First Addition.
RESIDENTIAL FEE PAYOR: A person applying for the issuance of an occupancy permit
for residential deveiopment in the Near Southside Parking Facility District.
14-78-6 1m lementation of Fee
A. Any person who, after the effective date hereof, seeks to develop land within the Near
Southside Parking Facility District by applying for an occupancy permit for a residential use
for which additional parking is required, is thereby required to pay a proportionate share of
the capital improvement costs necessary to meet the additional off-street parking needs
and demand created by such development by contributing a proportional share of the
costs of a Municipal Parking Facility, which share shail be a "parking facility impact fee" to
be paid in the manner and amount set forth in this Article.
B. No new occupancy permit for a residential use requiring the payment of an impact fee
pursuant to this Article shail be issued unless and until the parking facility impact fee
hereby required has been paid.
14-78-7 Com utation of Fee Amount
-,
A. Cost Estimates
The parking facility impact fee imposed by this Article is based on current best estimates
of the capital improvement costs of the construction of a parking facility or facilities in the
Near Southside Parking Facility District. Based on 1992 architects' estimates of (
construction costs of ten thousand doilars ($10,000.00) per parking. space constructed and
land costs of approximately sixteen dollars ($16.00) per square foot, the City Council finds
that such capital improvement costs total in the amount of at least twelve thousand doilars
($12,000.00) Per parking space in 1992 doilars.
B. Apportionment
The City Council further finds that given current Department of Planning and Community
Development estimates of new residential development in the Near Southside Parking
Facility District, and given the City's ability to manipulate City parking system rates,
monthly permit policies and on-street parking ordinances, the use of an off-street parKing
facilitv in the Near Southside Parking Facilitv District will be apportioned as foilows: 33-
1/3% to users attributable to new residential development in the Near Southside Parking
Facility District; and 66-2/3% to users from other areas.
C. Cost Per Space
Based on the foregoing, the amount of the parking facility impact fee required by this
Article, in 1992 dOilars, shail be $4,000.00 per parking space for residential uses. The
parking facility impact fee shail be adjusted annuaily according to provisions of subsection
F of this Section.
i
,
,
o..--...........~
D. In-Lieu Payment
In order that available land in the Near Southside Parking Facility District is intensively
used, and that a portion of residential parking is combined in a City off-street parking
facility or facilities, rather than scattered throughout the Near Southside Parking Facility
District, the City Council finds that the residential parking facility impact fee shail be paid
for a minimum of 75% of the parking spaces otherwise required according to Article 14-
5A, Off-street Parking and Loading Standards, for residential uses in the CB-5 Zone; if
fewer than 25% of the required spaces are provided on site, the fee shail be increased
accordingly and if more than 25% of the required spaces are provided on site, the fee
shail be 75%. In lieu of Rrovidingj,O%_otthe l2.arkino soaces otherwi~ r~uired according:
~(,
~. a~- ~l '8'\0
~O' ~s'l ~ ~ II
----~----. . - . . .'.'---__J----
to Article 14.:sA; Off-street Parking and Loading Standards, for residential uses in all other'
zones of the Near Southside Parking Facility District, a fee shall be paid. The City Council
further finds that this parking facility impact fee is reasonably and rationally related to the
increased off-street parking need or impact created by said new residential development.
E. Formula
The total residential parking facility impact fee required by this Article shall be calcuiated .
by multiplying the number of parking spaces otherwise required for residential uses
according to Article 14-5A, Off-street Parking and Loading Standards, by 75% in the C6-5
Zone and by 50% in all other zones in the Near Southside Parking Facility District, and
multipiying that product by the per space parking facility impact fee amount, as expressed
in the formula: .
(RPS x 0.75) RIF= TRF or (RPS x 0.5) RIF = TRF, where:
RPS = the number of parking spaces otherwise required according to Article 14-5A, Off-
street Parking and Loading Standards, for the residential use;
RIF = the per space residential parking facility impact fee for residential uses; and
. TRF = the total residential parking facility impact fee required by this Article.
,
F.. .Adjustment .
. . To ensure accurate estimates of current parking facility capital improvement costs, the
. amount of the parking facility impact fee required by this Article shall be adjusted annually
based on the national historical cost indexes contained in the most recent edition of Means
Square Foot Costs manual, as amended.
G. .Documentation
The calculation of parking facility impact fees and the receipt thereof by the City shall be
,documented in a form recordable in the office of the County Recorder.
14-78-8 Pa ment of Fee
;
r
A. The City Manager of designee shall calculate and assess the entire parking impact fee
upon issuance of a building permit. The fee payor may pay the entire fee at the issuance
ot'the building permit, or may elect to pay the fee in 3 equal annual installments, the first
of which shall be due and collected at the issuance of the building permit. If the fee
payor elects to pay the fee in 3 annual installments, the fee payor shall execute an
agreement with the City before the City issues a buiiding permit, which agreement sets
forth the timing and amounts of the remaining installments to be paid and also sets forth
that, upon confirmation by the Iowa City Finance Department that the fee payor has
. . -'defaulted on an installment payment, the City Clerk shall certify the outstanding fee
balance to the Johnson County as a lien upon the premises for which the building permit
'was issued. Said lien will not preclude the City from pursuing recovery of the fee by other
legal or equitable remedies.
B. All fees collected shall be promptly transferred for deposit in the Near Southside Parking
Facility District Impact Fee Restricted Fund, as set forth in this Article, and held there and
used solely and exclusively for the purposes specified in this Article.
14-78-9 Refund of Fees
r...,."",<::
Any funds not expended for a Municipal Parking Facility or which remain unencumbered by the
end of the calendar quarter Immediately following 5 years from the date of the final impact fee
. payment shall, upon application of the fee payor or the fee payor's successor in interest, be
_ r~~(g~g ~.9~~~h, ~e~, payqr,with.interest.at.the rates earned by the Il.estrid:\!d Fund,during,such. -.-
time as the fees were held in the Fund, provided the fee payor submits an application for the
refund to the City Manager or designee within 180 calendar days of the expiration of the 5 year
period: . Such funds shall be deemed "encumbered" if the City Council has approved a contract
for acquisition and/or construction of a parking facility or facilities in the Near Southside Parking
Facility District.
14-78-10 Parkin Facili 1m act Fee Restricted Fund
Ai . . Fund Established
"There is hereby established the Near Southside Parking Facility District Impact Fee
.,. Restricted Fund.
~?
~,os -~\~l.o.~~___~~O-'~sD ~ 3 \l
B., Use of Funds
1. Monies held in the Restricted Fund, including any accrued interest, shall be used
soiely and exclusively for the purpose of the City capital improvement costs for
providing off-street parking facilities to be located in the Near Southside Parking
Facility District, and shall not be used for maintenance or operation or for any other
purpose.
2. . Monies shall be expended in the order in which they are collected.
3. . In the event that bonds or similar debt instruments are issued for the construction of
L,' 'capital facilities for which parking facility impact fees are to be expended, monies
. ?.. held in the Restricted Fund may be used to pay debt service on such bonds or similar
debt instruments, as capital improvement costs.
4. Monies in the Restricted Fund may be used' to provide refunds as provided in Section
9 of this Article. -
". .5. Monies in the Restricted Fund shall be used for the purposes enumerated within this
': . Article, exclusive of all others and shall remain inviolate with the Restricted Fund.
C. ,Annual Report Required
, '
At least once each fiscal year the City Manager or designee shall present to the City
.,Council an accounting of the Restricted Fund.
14-78-11 Parkin Facilities
A;' . On-site Parking Spaces
1. Notwithstanding provisions of the Zoning Ordinance which may be to the contrary,
payment of the residential parking facility mpact fee shall require the residential fee
. . . . payor to provide between 15% and 25% of the parking spaces otherwise required in
the C6-5 Zone; an additional 10% or required parking spaces may be provided on-
site; however, the fee shall not e reduced. No fewer than 50% of the parking spaces
otherwise required for residential uses on the site in all other zones within the Near
Southside Parking Facility District shall be provided on-site.
2.. Those parking spaces provided on-site after payment of the parking facility impact
fee shall be sized in accordance with the prevailing proportionality requirement of the
Zoning Ordinance regarding standards and compact car sized spaces; and include all
required disabled accessible spaces.
B. Construction of Parking Facility
The off-site parking facilities financed in part by ttie Near Southside Neighborhood parking
facility impact fee shall be
,1-,
2.
Constructed in the Near Southside Parking Facility District.
Constructed at a time and in accord with a design at the sole discretion of the City
Council.
Designed and operated to accommodate new parking demands up to 50% of
capacity and existing demand up to 50% of capacity.
..t.," 'I
'_:'~'
14-78-12 Ri hts of Fee Pa ors
A. This Article is intended to provide residential fee payors a reasonably and rationally
calculable method to meet the needs for off-street parking created by their development
! for residents of new residential development in the Near Southside Parking Facility District.
B. The payment of the parking facility impact fee does not guarantee a residential fee payor
a parking space or a monthly permit in a City off-street parking facility, either existing or
those financed in part by this Article; however, the City Manager or designee shall, to the
extent reasonably possible, give preference to occupants of residential development for
which a parking facility impact fee was paid.
;
~"'~
~J'
~. ()S-~\ ~(p
C?a. "d..s-"\ ~ 3\ '\
14-78-13 Exem tions From Provisions
. The following shall be exempted from the requirements of this Article:
A. Residential development which constiMes "elderly housing" as defined in this Title.
B. Historic properties, identified in the Near Southside Neighborhood Redevelopment Plan, as
amended, and that have been preserved or restored in accordance with the 1990 revised
edition pf the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, as amended, to the extent that the payor shall be exempt
from providing the on-site parking spaces otherwise required, but the impact fee provided
herein must be paid. ..., ..."
. .._~. ..~ .
_' Article C.
Penalties and Enforcement
.,) J1
14-7C-l Enforcement Officials; A eals
A.
Enforcement Officials
It is the duty of the City Manager or designee to enforce this Title. It is also .the duty of all
officers and employees of the City and especially all members of the Police Departm~nt,tQ",
assist the City Manager or designee by reporting any new construction, reconstruction,f'W
land uses or other seeming violations.
.A
B.
~lw~
Appeals . ,. d,
Appeals from a decision of the City Manager or designee in enforcing this Title may be
made to the Board of Adjustment as provided in Article 14-8C, Board of Adjustment ..
Approval Procedures.
... ~,
1
14-7C-2 Permits, Certificates and A rovals
A. No permit, certificate, or approval shall be issued for regulated building activity that would
create a vioiation of this Title; , ,
B. No permit, certificate, Or approval shali be issued for regulated building activity on a let of
record on which there is a violation of this Title, except when the constructiondestniled in
the permit application will eliminate the violation; . ,r - .'J ~!1j
C. llio authorization for utility connection shall be issued for premises on.which.there,isJ& .:J
violation of this Title; and ' '. . -G:)8 o'rlT
D. No permit, certificate or approval shall be issued for an activity to occur on any lot of"
record on which there is a violation of this or any other applicable Title of the City Code or
on which the conduct of such activity would constitute a violation of this or any other
applicable Title of the City Code.
14-7C-3 Certificate of Occu anc
" ..'
A. Certificate Required
"1. No change in the use of occupancy of land, nor any change of use or occupancy in an
existing building, other than for single-family dwelling purposes, shall be made, nor
shall any new building be occupied until a certificate of occupancy has been issued by
the City Manager or designee. If a building permit has not been issued prior to the
effective date hereof, every certificate of occupancy shall state that the new
occupancy complies with all provisions of this Title.
2. No permit for excavation, or for the installation or alteration of any building shall be
issued before an application has been made for a building permit, and no building or
premises shall be occupied until a certificate of occupancy has been issued.
B. Certificate of Occupancy for Nonconforming Uses
A certificate of occupancy may be obtained for nonconforming uses. An application for a'
certificate of occupancy for a nonconforming use shall be accompanied by an affidavit of
proof that such nonconforming use was not established ,in violation of this Title after July
26, 1962 and before the effective date hereof.
-=<5"1
~. as, ~ \'6"l.o ~. ~\a~ .."j
C. Temporary Certificate of Occupancy : Q. -1;:,
The Building Official may issue a temporary certificate of occupancy when a delay, in the
~~ pliinting of reciUiredctTees and landseaping is warranted; a5iiflowed in ArtiCles 1 ,,"SEt' ..
Landscaping and Tree Requirements, and 14-SF, Screening and Buffering Standards; or a
delay in paving of parking and stacking spaces, drives or aisles is warranted, as provided '"
in Article 14-SA, Off-street Parking and Loading Standards. ' ,
D. Records Kept
A record of all certificates of occupancy shall be kept on file in the office of the City
"{"
Manager or designee. ..... ."-.
. c'."',
.,,-
_.jF.' '.....
14-7C-4 Revocation of Permits
The City Manager or designee may revoke or modify any permit issued pursuant to the
provisions of this Title if any of the following occurs:
A. The grantee has not complied with the conditions of approval under which the permit was
granted.
The permit was obtained by misrepresentation or fraud or was issued in error.
The use or activity authorized pursuant to the permit is subsequently determined to be a
violation of an applicable statute, ordinance, law or regulation.
D. Suspension of work under the subject permit for 6 months or more.
B.
C.
.11
..;
,,,
14-7C-5 Violations and Penalties
A. Penalties
1. The owner or manager of a building or premises in or upon which a violation of any
provision of this Title has been committed or exists or the lessee or tenant of a
building or premises in or upon which violation has been committed or exists or the
agent, architect, building contractor or any other person who commits, takes part or
assists in any violation or who maintains any building or premises in or upon which
such violation exists or who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Title may be
found guilty of a simple misdemeanor or Municipal infraction or environmental
infraction as provided for in Title 1, Chapter 4 of the "ity Code and shall be subject to
the penalties provided therein, as amended from time to time. Each ,day,that a. ':
violation occurs and/or is permitted to exist constitutes a separa~eoffense"and civil
and/or criminal penalties shall be computed accordingly. . ~ ",,';; "~9VJO'l .:>
2. In case any building or structure is installed, constructed, reconstru..C\ed,. ~Itered,
repaired, converted or maintained or any building, structure or land is used in .,
violation of this Title, the appropriate authorities of the City, in addition. to other
remedies, may institute injunction, mandamus or other appropriate action or
proceeding to prevent such unlawful installation, construction, reconstruction,
alteration, conversion, maintenance or use or to correct or abate such violation or to
prevent the occupancy of said building, structure or land.
3. Any person who constructs, alters, relocates or demolishes any designated landmark
or a building or structure in an Historic or Conservation District In vioiation,of this
Title may be required to restore the subject building or structuretolts.ap'pearance or
setting prior to the violation as required and approved by the Historic Preservation
Commission.
B.
Stop Work Order
.'J
1. Whenever the Building Official finds any work regulated by this Ti,tle being Performed
in a manner either contrary to the provisions of this Title or dangerous or uri~fe, the
Building Official is authorized to issue a stop work order. .
'.r ,;
2., The stop work order shall be in writing and shall be given to the owner of the. ;.
property invoived, or to the owner's agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work
order shall state the reason for the order, and the conditions under which the cited .,
work will be permitted to resume. ...
. 3. Any person who shall continue any work after having been served with a stop work
order, except such work as that person. is directed to perform to remove a violation
or unsafe condition, shall be subject to penalties as prescribed by iaw.
3~\
QbO
,~.os- -'-\\1io._______-~.d.~\ 0-{ ~\1
Remedies Are Cumulative
C.
,,_.:.'~ ....,..~
Nothing in this Article shall prevent the City from taking such other lawful action as is
necessary to prevent or remedy any violation of this Title including, but not limited to,
revocation of any permit, certificate or approval, and shall not be held to prevent the
enforced removal of prohibited conditions. Such remedies are deemed cumulative and not
exclusive.
CHAPTER 8. REVIEW AND APPROVAL PROCEDURES
Article A. General Procedures
14-8A-l General A lication Re uirements
A. Application Fonns and Fees
1. Forms
Applications and submittal materia'ls required under this Title shall be submitted on
forms and in such numbers as required by the City. Supporting materials must be
submitted as specified on the application form.
2. Fees
a. The applicable filing fee shall be paid at the time any appeal or application Is
filed.
b. Filing fees shall be established from time to time by resolution of the City
Council to defray the actual cost of processing the application; and
~) 'c. All required fees shall be made payable to "The City of Iowa City.'
-::1C;'.1 ' . '
oj bll.. d,,'. No fee shall be charged for an appeal or application filed by any officer,
isi]9l!_ 6 ,l;' department or board of the City or for any other governmental entity.
B. Determination of Completeness
1. The City will. not process an incomplete application.
i: .,'. The start date for any applicable time limitations for the application unde'r review will
be' the, ?ate when a complete application is submitted.
Article B. Administrative Approval Procedures
14-88-1 Accessor A artment Rental Permit
A. Permit Required
1. Prior to the establishment of any accessory apartment, the owner of the principal
dwelling unit must obtain a rental permit from the Department of Housing and
'Inspection Services. The permit will be effective for 2 years. At the end of every 2
"" , yearS, renewal of the accessory apartment rental permit will be granted after
. completion of a routine housing inspection verifying that the property remains the
principal residence of the owner and that all of the conditions of this section and
approval criteria for Accessory Apartments set forth in Article 14-4C, Accessory Uses
and Buildings, have been met. .
2. No rental permit for an accessory apartment will be issued unless all the
requirements and standards for Accessory Apartments set forth in Article 14-4C have
been met. .
B. Submittal Requirements
1. The owner shall file an application for a rental permit with the Department of Housing
and Inspection Service on application forms provided by said Department.
2. Prior to issuance or renewal of an accessory apartment rental permit, the owner must
submit a notarized affidavit to the City, verifying owner occupancy.
'1
L__
~bl
~. CJ~- ~l~\o \?&.~1,~~'3\'\
----....--~- . .. "--.... .........:-. -- ----~ --
3. Prior to the issuance of an accessory apartment rental permit,'-the owner shall file, in
the office of the County Recorder, a dedaration of covenants stating that the right to
maintain an accessory apartment ceases upon transfer of title, and that the right to
maintain an accessory apartment in no way constitutes approval of the dwelling as a
duplex. The owner shall provide a copy of the declaration to the Department of
Housing and Inspection Services, or its successor, prior to the issuance of the-
accessory apartment permit.
C. Approval Procedure
When all provisions of this section and approval criteria applicable to accessory apartments
'_'-.set.forth in Artide 11-4C, and all. applicable provisions.ofTitle -17,.Buildi~g and Housing are
met, the Department of Housing and Inspection Services will issue a accessory apartment
rental permit upon payment of all permit and inspection fees. .' . .
14-88-2 Access Permit
A. Permit Required
1. Prior to cutting any curb or establishing any driveway on any street in the City, an
" access permit must be obtained from the Department of Public Works, unless
exempted as set forth In Artide 14-5C, Access Management Standards.
2. No access permit shall be issued unless all applicable requirements and standards of
14-5C, Access Management Standards, are met.
B. Submittal Requirements
1. The owner of property for which access is being requested shall file an application for
an access. permit with the Department of Public Works on application forms provided
by the City. " .
2. -)'; Supporting materi~ls must be submitted as specified on the application form. A'
"traffic study may be required for any request for access to an arterial street.
ldi ,.
C. Approval Procedure
1. :. "Upon receipt of a complete application the City Engineer and the Building Offidal will
no ,', jointly review said application for compliance with the provisions of Artide 14-SC,
Access Management Standards.
;. _2. . If access to an arterial street is requested, the City Engineer and the Building Official
will consult with the Director of Planning and Community Development or designee.
Joint approval from all three City Officials or their designees is required prior to
granting access to an arterial street.
3.' Joint approval from the City Engineer and the Building Official or their designees is
required prior to granting access to a local or collector street.
4. Once it is determined that the standards of Artide 14-5C, Access Management
L' 'c'. Standards will be met, and the requisite approvals have been obtained, the City
Engineer or designee will issue the access permit.
14-88-3 Desi n Review
f t hQhiv(11n ::l"""V"~ '1H -.... "!,...r' {' I .
A. Optional Pre-Application Conference
Any person or persons intending to make application for Design Review may request a
meeting with the Design Review Committee or a representative of the Design Review
Committee to discuss basic intentions and plans before investing time in detailed designs.
This step is optional but recommended for large or complex projects. The purpose of the
pre-application conference is to discuss preliminary design plans, review applicable design
guidelines, and ensure that the applicant is familiar with the review and approval
procedures for Design Review. .
B. Submittal Requirements
1. The applicant must file an application for Design Review with the Department of
Housing and Inspection Service on application forms provided by the City.
2. Supporting materials must be submitted as specified on the application form.
~w...
c. ", ,Approval procedure
"- --..-----,.-.
~cj . d-to3 ~ :3 n
~. OS- -<-\\Z\O
1. Upon receipt of a complete application the Design Review Committee will review said
application for compliance with the applicable standards and approval criteria as set
forth in Article 14- 3C of this Title, Design Review.
2. Within 30 working days of the date a complete application is submitted to the aty,
the Design Review Committee will approve, approve with modifications agreed to by
the applicant, or disapprove the application.
3. If the Committee does not act within the 3D-day time period and the applicant does
not agree toan extension oftime, the application will be deemed approved.
4. For Level I Design Review applications, the' Committee's findings on each application
shall be set forth in a written decision, which will be filed in the respective property
file in the Department of Housing and Inspection Services. A copy of said decision will
. - be mailed to the applicant at the time of filing.
5. For Level II Design Review applications, the Committee's findings on each application
will be set forth in a written recommendation to the City Council. The City Council
~ will, after receipt of the recommendation of the Committee, or after the time of any
extension thereof has passed for the Committee to file their recommendation, make
approval or rejection of the application. City Council approval of the plans shall
require,a majority of votes cast at any meeting at which a quorum is present. The
City Council's findings on each application shall be set forth in a written resolution, to
be filed in the Office of the City Clerk. A copy of said resolution will be mailed to the
applica~t at the time of filing..
14-88-4 Fence Permit
A. Pennit Required
.. .Prior to construction of any of the following types of fences or walls, a fence permit must
be obtained fro~ the Department of Housing and Inspection Services.
1. Electric fences;
2. Barbed wire fences;
3. Any fence or wall over 6 feet in height;
4. Any retaining wall over 6 feet in height measured from the top of the footing to the
top of the wall; and
5. A retaining wall of any height that supports a surcharge'or impounds flammable
liquids.
B. Submittal Requirements t
1. An application for a fence permit must be filed with the Department of Housing and
Inspection Service on application forms provided the City.
: 2. Suppo.rting materials must be submitted as specified on the application form.
C. Approval procedure
. .' . .'
1. Upon receipt of a complete application the Building Official or designee will review
said application for compliance with the standards and requirements for fences, walls, .
and hedges as set forth in Article 14-4C of this Title, Accessory Uses and Buildings. ..
2. The Building Official will issue the permit once it has been determined that all
applicable provisions of Article 14-4C, Accessory Uses and Buildings, have been met.
14-88-5 Flood Plain Develo ment Permit
A. Permit Required
A Flood Plain Development Permit issued by the Building Official shall be secured prior to
initiation of any development within the 100-year flood plain. '
B. Submittal Requirements .
Application for a Flood Plain Development Permit shall be made on forms supplied by the
Building Official and shall include the following information:
~
~"-J'
'.Pi-
<::'Y'-& . os - ~\ ~~
%. ~IoL\~ ~ ~\
c.
Description of the work to be covered by the permit;
Description of the land on which the proposed work is to be done (i.e., lot, block,
tract, street address or similar description) that will readily identify and locate the
, work to be done; .
Indication of the use or occupancy for which the proposed work is intended;
Elevation of the lOa-year flood event;
Elevation in relation to national goedetic vertical datum of the lowest floor, including
basement, of buildings or of the level to which a building is to be floodproofed;
6. For buildings being improved or rebuilt, the estimated cost of improvements and
market value of the building prior to the improvements;
7. Certification by a registered engineer of the effect the proposed development will
have on the flood plain pursuant to the requirements of Article 14-5J of this Title,
Flood Plain Management Standards. This certification requirement may be waived by
the City Engineer in those instances where the City Engineer can make an adequate
determination of the effect of the proposed development. All stream bank erosion
control measures involving less than SOO linear feet along the channel and not
e)d:ending more than 3 feet into the stream channel.are exempt from the certification
requirement. .
-S;"-Such other information as the Building OfficiaLqeems reasonably:necessary Jor the
purpose of determining compliance with the requirements of Article 14-5J of this
Title, Flood Plain Management Standards:
. .
Approval Procedure
The Building Official shall, within a reasonable time, make a determination as to whether
. the proposed flood plain development meets the applicable standards of Article 14-SJ of
.this Title, Flood Plain Management Standards, and shall approve or disapprove, in writing,
the application. For disapprovals, the applicant will be informed, in writing, of the specific
reasons why the application was disapproved.. The Building Official shall not issue permits
for variances, except as approved by the Board of Adjustment according to the approval
criteria for such. variances set forth in Article 14-5J of this Title.
,
:?,
1.
2.
3.
4.
5.
14-88-6 Home Occu ation Permit
Permit Required
Prior to establishment of a Type B home occupation, as defined in Subsection 14-4C-2M,
Home Occupations, a home occupation permit must be obtained from the Department of
Housing and Inspection Services.
Submittal Requirements
1. An application for a home occupation permit must be filed with the Department of
Housing and Inspection SerVice on application forms provided the City.
2. Supporting materials must be submitted as specified on the application form.
ApprovaJP~ure
1. Upon receipt of a complete application the Building Official or designee will review
said application for compliance with the standards and requirements for Home
Occupations as set forth in Article 14-4C of this Title, Accessory Uses and Buildings
and will issue the permit once it has been determined that said standards and
requirements have been met.
2. The home occupation permit is effective for 2 years. At the end of every 2 years, it is .
the responsibility ofthe applicant to request a renewal of the permit: Renewalof the
permit will be granted if the applicant is in compliance with the standards and
requirements for Home Occupations as set forth in Article 14-4C of this Title,
Accessory Uses and Buildings.
D. Revocation of Permit
A home occupation permit may be revoked at any time for failure to comply with the
provisions of this Title. When a home occupation permit has been revoked, a new permit
will not be issued to the applicant or other persons residing with the applicant for at least
2 years.
A.
B.
c.
c'
~b<f
~- CJS -~\ '(\0
<?o. ?\oS ~ -:3'1
14-8B-7 Level I Sensitive Areas Review
A. Submittal Requirements
1. An application for a Level I Sensitive Areas Review must be filed with the Department -
of Housing and Inspection Services on application forms provided by the City.
2. All supporting materials, including a Sensitive Areas Development Plan, must be
submitted as specified on the application form.
B. Review and Approval
1. The application for a Level I Sensitive Areas Review will be reviewed and approved
administratively. This application process may occur concurrently with an application
for Site Plan Review or Subdivision Review.
2. Approval of the Sensitive Areas Development Plan submitted with the application will
be based on compliance with the applicable regulations and requirements of Artide
14-51, Sensitive Lands and Features. The Sensitive Areas Development Plan must
delineate construction area limits and establish restrictions for current or future
development activity within protected sensitive areas. Any such restrictions must be
set forth in the legal papers approved as part of the plan.
C. Issuance of permits .
Sensitive Areas Development Plans approved under a Level I Sensitive Areas Review will
be retained in the Department of Housing and Inspection Services, and permits will be
issued only for structures and development activity conforming to the approved Sensitive
Areas Development Plan.
~
,
14-88-8 Minor Modification
,----:
,
A. Submittal Requirements
1. An application for a minor modification must be filed with the Department of Housing
and Inspection Service on application forms provided the City.
2. Supporting materials must be submitted as specified on the application form.
B. Approval Procedure
1. Upon receipt of a complete minor modification application, an admi~istrative hearing
will be set.
. 2. Ten days prior to the administrative hearing, written notice shall be sent to property
owners within 200 feet of the exterior boundaries of the property.
3. Following the administrative hearing, the Building Official will approve, in whole or in
part, the minor modification requested, with or without conditions, provided all
approval criteria as set forth in Section 14-4B-l, Minor Modifications are met. The
Building Official will issue a written decision listing the findings upon which the
decision is based.
4. The applicant or property ow.ner shall record the decision in the Office of the County
Recorder. Evidence of such recording is required prior to issuance of a building
permit.
C. Expiration
A minor modification must be exercised within '180 days from the date of approval or the
minor modification shall become null and void.
D. Till)e Extensions
For good cause, the Building Official may grant time extensions not to exceed a total of 12
months from the date of the decision. Prior to granting an extension, the Building Official
will ensure that the minor .modification complies with all current zoning code provisions.
~~
CYW.. . () S
'-\ \ 'ir \0
~~. ~l,,~~_:]! (
14-8B-9 Si n Permit
A. Permit Required
1: No sign requiring a permit in accordance with the requirements of Article 14-5B of
this Title, Sign Regulations, shall be installed, altered, moved, improved or converted
without first obtaining a sign permit from the Building Official or designee. A permit is
not required for incidental repairs or routine maintenance.
2. ' Certain'types of signs are allowed without a permit and such exemption from the sign
permit requirements is clearly specified in Article 14-5B of this Title, Sign Regulations.
A permit is required for any sign that is not specifically exempt~ from the permit
requirements.
, . 3. Only a person holding a valid sign installer's license issued by the City may obtain a
permit to perform work pursuant to the regulations of Article 14-5B of this Title; Sign
Regulations. ' '
4.' Every applicant, before being issued a sign permit, shall pay to the City such fee as
shall be established by resolution of the City Council. However, any person found to
be installing, altering, moving, improving or converting any sign prior to the issuance
of a permit or who has installed altered, moved, improved or converted a sign prior
to the issuance of a permit shall be charged double the normal fee. The payment of
such double fee shall not relieve any person from fully complying with the
,"" ., requirements of the applicable sign regulations in the execution of the work nor from
any,other penalties prescribed herein. '
B. Submittal Requirements
1. An application for a Sign Permit must be filed with the Department of Housing and
.' Inspection Services on application forms provided the City.
. . ,2. ' All supporting materials must be submitted as specified on the application form.
C. Approval Procedures
1. Upon the filing of a complete application for a sign permit, the Building OffIcial or
designee shall, within a reasonable time, make a determination as to whether the
proposed sign meets the applicable standards of Article 14-5B of this Title, Sign -
/ ~ . Regulations, and any other applicable laws and ordinances of the City, and shall._
~ =- -'1;~~ ,app'roVeor- disapprove the a"pplication. .,.- ~.,.~ -"~"~.-- :.....~.. '-,. r --:e' ~-,
2: For proposed illuminated signs, the Building Official or designee will examine the
plans and specifications for all wiring and connections to determine if they comply
with the Electrical Code. No sign permit will be issued unless such compliance is
ascertained.
,f ('
D. Expiration of Permit
if .tHe work authorized under a sign permit has not been completed within 6 months after
date of issuance, said permit shall become null and void.
r . '.'
jf- .
14-8B-10Tem ora Use Permit
,
A. . Permit Required
Prior to establishing any temporary use a temporary use permit must be secured from the
. Building Official or designee.
B. , Submittal Requirements
1. Application for a temporary use permit shall be submitted to the Department of
Housing and Inspection Services upon a form provided by the City.
2. All supporting materials must be submitted as specified on the application form. The
Building Official or designee may also request other data, plans, a~d information
deemed necessary to determine compliance with .the provisions of Article 14-40 of
this Title, Temporary Uses.
C. Approval Procedure
Upon receipt of a complete application the Building OffIcial or designee shall approve,
'modify, condition, or deny the application within 10 working days after submittal based on
compliance with the standards and approval criteria specified for such temporary use set
forth in Article 14-40 of this Title, Temporary Uses.
Q.b,b
o-w.. (:::,~ - '-\ \ '6~
C?o .'J.lo 1 0-{ 3( l
Article C. Board of Adjustment Approval Procedures
I
14-8C-1 Procedures Generall
,
The Board of Adjustment shall conduct public hearings and make decisions in accordance with
the following requirements: '
A. ,-Public Meetings
All meetings shall be open to the public.
B. Public Notice .
Notice of the time and place of public hearings shall be published in a newspaper of
general circulation not more than 20 days nor less than 7 days prior to the hearing. It shall
contain the street address or location of the property and a brief description of the nature
of the appeal.
C. .' Record of Proceedings
The Board shall keep minutes of its proceedings, showing the vote of each member upon
each question or if absent or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be immediately filed in the
office of the secretary of the Board and shall be a public record.
D. Written Decisions
" The Board shall render written decisions, including findings of fact and conclusions of law,
. which shall be filed with the City Clerk and recorded in the office of the Johnson County
Recorder. A copy of said decision shall be provided to the applicant.
.'r
E. _ Orders; Lapse of Approval
Unless otherwise determined by the Board, all orders of the Board shall expire 6 months
from the date the written decision is filed with the City Clerk unless the applicant shall
have taken action within the 6-month period to establish the use or construct the building
permitted under the terms of the Board's decision, such as obtaining a building permit and
proceeding to completion in accordance with the terms of the permit. Upon written
request and for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
F.
Petition for Writ of Certiorari
Any person or persons, jointly or severally, aggrieved by any decision of the Board of
Adjustment under the provisions of this Title or any taxpayer or any officer, department or
board of the City may present to a court of record a petition for writ of certiorari, duly ,
verified, within 30 days of the filing of the decision in the Office of the City Clerk, setting
forth that such Board decision is illegal, in whoie or in part, and specifying the grounds of
the illegality.
,
,
~
14-8C-2 5 ecial Exce tions and Variances
A. Application Filing
1. An application for a special exception or a variance must be filed with the City Clerk
,on application forms provided by the City.
2. Supporting materials must be submitted as specified on the application fo~m.
3. Monthly application deadlines for the Board of Adjustment are published in the
'. ,Department of>Planningand Com.munity Development. The Board of Adjustment will
3~ ' review all, complete applidltions received by the deadline at their regularly scheduled,
monthly meeting.
4. The applicant bears the burden of proof and must support each of the approval
criteria for the specific proposed exception or variance, as set forth in Article 14-4B of
this Title, by a preponderance of the evidence.
~67
\? .
- - _._~. as -Y;\ "6lo. '.__ ~. d-~ K ~ ':S,\'l
B. O~onal Pre-Application Conference --\,;)-- -\ \
. Prior to application for a special exception or a variance, the applicant is encouraged to
meet with the staff from the Department of Planning and Community Development to
discuss basic intentions before investing time in detailed plans. The purpose of the pre-
application conference is to review the applicable City standards and requirements and to
ensure that the applicant is familiar with the review and approval procedures for a special
exception.
C. Approval Procedures
~, . Orcea complete application has bee~ received, City.staff shall review the application
. for cOmpliance with the approvai criteria applicable to the specific proposed exception
or variance and issue a report and recommendation to the Board of Adjustment.
At a public hearing, the Board shall review all applicabie evidence presented
regarding the proposed exception or variance. .
The Boord of Adjustment will approve, approve with conditions, or deny an . ..-.,,-,
application based on the facts presented in evidence. In order to approve a speciali2J?l
exception or variance the Board must find that the specific proposed exception or
variance meets the applicable approval criteria as set forth in Article 14:46 of this .11>.
Title or as set forth elsewhere in this Title. '" . .., .' ~ .j
In permitting a special exception or a variance, the Board may'imposeappropriate
conditions and safeguards, including, but not limited to, landscaping and screening,
fencing, construction com[Tlencement and completion deadlines, lighting, operational
controls, improved traffic circulation requirements, highway access restrictions,
increased minimum setback requirements, parking requirements, Iimitations'on the
duration of a use or ownership or any other requirement which the Board deems
appropriate under the circumstances upon a finding that the conditions are 'necessary
to fulfill the purpose and inte~t of this Title. .'
2.
3.
4.
, .
14-8C-3 A eals
A. Initiation of Appeal
1. ,Where it is alleged there is.error in any order, requirement, decision, or
determination made by the City Manager or designee in the enforcement of this Title
.or of any ordinance adopted pursuant thereto, any person aggrieved by such order,
requirement, decision, or determination may appeal same to the Boord of
Adjustment.
2. Where it is alleged there.is an error in any order, requirement, decision, or
determination made by the City Manager or designee in the enforcement of this Title
or of any ordinance adopted pursuant thereto, any officer, department or board of
the City aggrieved by such order, requirement, decision or determination may appeal
same to the Board of Adjustment.
B. Appeal Procedures
1. The appellant must file a ~otice of appeal with the City Clerk on forms provided by
'"Di....~ the,City;.specifying the.grounds.of the.appeal. Such appeal must be submitted within
.; "'t' 7.".fa'reasohable-t1me fronftl1eClate'llf'th-ecacti6ii!appealed'fiom as proviaecrJjy~ffie rules
:.- -of the Boord. A'duplicate copy of such notice shall be filed with the secretary of the
Board of Adjustment. .
2. The City Manager or designee shall forthwith transmit to the Board all the papers
:li constituting the record upon which the action appealed from was taken.
3. At a public hearing, the Board shall review all applicable evidence presented
regarding the subject appeal.
4. In exercising the above-mentioned powers the Board of Adjustment may in
conformity with the provisions of this Title or ordinances adopted pursuant thereto,
affirm, or upon finding error, reverse or modify, wholly or partly, the order,
requirement, decision or determination appealed from and may make such order,
requirement, decision or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeai is taken.
C. Stay of Proceedings
An appeal stays all proceedings in furtherance of the action appealed from, including
without limitation, the right of the permittee to proceed with development or other
activities authorized under a building permit, the issuance of which is a subject of the
appeal, unless the City Manager or designee certifies, to the Board after the notice of
:)C,f
~, C)s--~~'i(\o
.__~___n____
appeal has been filed that;liy reaSon of faCts stated in the certificate, a stay woulifinthe
City Manager's or designee's opinion, cause imminent peril to life or property. In such ,')
case, proceedings or development shall not be stayed otherwise than by a restraining
order, which may be granted by the Board of Adjustment or by a court of record and on
notice to the City Manager or designee for due cause shown.
C?O' db'\ ~ '3il
14-8C-4 Reli ious Institution A eals
A. Authority
The Board of Adjustment may consider a special exception to avoid or resolve any alleged
violation of the freedom of religion-based rights afforded to any person under federai or
state law caused by the enforcement of any regulation or requirement of this Title.
B. Application and Submittal Requirements
1. Any person or persons may submit an application to the Board of Adjustment for a
special exception under the provisions of this Section. I. '''''''~
2. Such application must be submitted to the City Cierk on application forms provided by
.the City for a special exception and must include the following additiohal.informatiO&,lll
a. A statement specifying the particular regulation or requirement of this Title to
. which the requested elfception relates; .t.
b. A description of the intended use of land or activity for which the exception is
being sought;
c. Documented evidence of how the specified regulation or requirement allegedly
violates the person's freedom of religion-based rights afforded under-federal or
state law; ,
,-:
d. A description of how granting the exception would be in the public interest and
not be contrary to health, safety and welfare considerations;,and ,~
. e. Any additional information requested by the Board of Adjustment that will assist
them in making a determination regarding the application.
,
C. Approval Criteria
In considering an exception from the requirements of this Title under the provisions of this' ,
Section, the Board must find, based on the evidence presented, that all the following
. approval criteria are !)let. . The general special exception approval criteria specified in
Section 14-4B-3, Special Exceptions do not apply.
1.', The exception is, necessary to avoid or resolve a substantial b,urden on the freedom
of religion-based rights afforded to any person under federal or state'law caused by
the enforcement of a specific regulation or regulations of this Title; and
2. The subject regulation or requirement under'review does not constitute or further a
compelling governmental interest; or alternatively, the subject regulation or
requirement under review is not the least restrictive means for satisfying or achieving
the governmental interest; and
3. The sDecific DroDosed exceDtion will not ,be detrimental to or endanoer the Dublic
.1n9rrhea~1 5C!f~tyt-qr g~f!~r31~Xl{~f~r~l,:.a.!ld 11..; i!:/ 2.~l. k :':. . .-:.... 3' ":Si/9"'
4:' Except for the specific regulations and stimdards applicable to the exception being
. considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located. l-..J
D. Approval Procedure
Evidence shall be presented at a public hearing according to the approval procedure~ set
.forth for special exceptions in Section 2, above. _ ~
'1
~b1
(?o. d,\() ~ ~ \l
~. ~s-~ ~\'i\o
~----' -.---.
Article D. Planning and Zoning Commission Approval
,,; Procedures
.
14-80-1 Annexation or Severance of Territo - Voluntar
, '
A. S~brriittall{ Jiil;einii"ntS': :::':rw.j'C .. ".." '
" '..'l " \\~k' {;";ll llic~"l a~'(1 Y1~3f11; ~,~ -j ,~'d ~ '~':;" 1 ..,,~
1. . Requests for annexation or ~erance must be filed with the City Clerk on application
forms provided the City.
,t,. .~' '. ' ~ . ~' _ _ ' ,
2. Supporting materials must be submitted as specified on the application form and as
- required by State law or State administrative rules. For annexation requests, the
applicant must specify a desired zoning designation or zoning designations for the
;.; ;.r~;; territory.
B!58~O~bn~1 Pre-~pplication Conference
'(l'My'persOn' or persons intending to request an annexation or severance is encouraged to
meet with staff from the Department of Planning and Community Development to discuss
basic intentions before investing time in detailed plans. The purpose of the pre-application
nSOIJ(W;;P~H~t8.dis~ussth,e purp'osefor,the requested annexation or severance, review
applicable Comprehensive Plan and District Plan policies that might affect the intended
k r~uest, and ensure that the applicant is familiar with the review and approval procedures
~~ lar{ah\Hex~tjon)br Severance. . .
~j.J'::JJ~'\'-1 '\Po"'" ;..'w " ..v;;,. _ - ,_.", , ,1;_ .#. -,)' '- ".' "
c. Staff'Review'; :... \, (I, ,-'~'v~ ."Ji!.':ij ~" -,,'" :::." '~j,-,~~-~: f'":,';;- ":'~ ~ ," ...
- ..~;'. I', -. ,', ',' -
Upon receipt thereof, the application will be 'revieWed for completeness by City staff, and
upon verification of a complete applic;ation, staff will prepare a staff report and
. recommendation based on Comprehensive Plan policies, ability of the City or neighboring
"';:i:o'mmuhitie~ to provide services, and other appropriate policies and information. T~e staff
'r~p'ort and recommendation will be forwarded t!l the Planning and Zoning Commiss,io'n for
their review. There shall be no time limitation for'review regarding a rezoning associated
with annexation of territory.
D. !II~n.ning and Zoning Commission Review,.. . . . .
The ComJl1ission may re.commend appr!lval, approval with conditions, or denial of the
reques.t~~nnexation Or severance; In ~ separate motion the Commission shall .
Q(~.oJl1rn~nd.approval, approval.with..conditi!ln~, .or denial of the requested zoning
designation of a parcel to be annexed. In the event.the Commissio~ recommends approval
of the annexation, but denial of the{equesteq zoning.designa~ion it shall make an
additional recommendation as to w~at zoning designation it reCommends.
t..:"l't :,r.)f, 'r',' . "t
E. ..City Council Public Hearing Notice Requirements
i. . The City CounSil shall set arid publish~otice regarding a public hearing on the
.. "'. 'i?flJp2~:~iine~~~.im ~6f;~everaiice f6110w,in!:r Piahning,a'hd Zoning Commission review.
Thi!'c:;tY'C6~Wcil s~alr al5()set:a'public:~'~a~ing on ttie'zoning designati~n of the
prop~rty to be annexed. Notice of such hearings, and the ti1f1e of place of such
. hearings must be published in a newspaper having a general circulation in the City at
least 7, but not more than 20 days before the public hearing. In no case shall the
, public hearing be held eartier than the next regularty scheduled City Council meeting
following the published notice.
Followi~gp.lanning and Zoning Commission review but prior to the Oty Council public
tie-aring;City Staff shali'complete the notification requirements to other units of
government, utilities, owners of railway right~of-way, and' others as prescribed by
state law and state administrative rules. '
2.
~'1 '
., \
'3:' In the event the public hearing on the annexation or severance is held before the
notification requirements have been fulfilled, the public hearing on the annexation or
'severance'shall be' continued until said notification requirements are fulfilled.
"f'> ' ~ j 1: ' ..' . -
~7()
~_' as-~\<g\o
F: "C'ftiCOu!1cil Re".iew arid oecision . - . - -,
'1.' ,Following the public hearing, the City Council wiil consider a resolution approving the
;'I~. .:" proPosed annexation' or severance. In those instances when the City Council has
10 "t:)lfe'aChed'a'~'iiif6l'lriari:ohsenSu's'on'r;l'pi6posea 'annexation that is 'Contrary to the
"' :~";rlrec6mniendati6niofltheiPlanhingahdrZOliihiFCommissi6n, the'Clty'Councll wiil defer
~lil'~~:",f6rmal'actionlon the matter until a discussion has taken place between' the Oty
Council and the Planning and Zoning Commission.'
2. 'Following approval of a resolution approving annexation of territory, the City Council
, wiil consider an ordinance approving a zoning designation for the annexed territory.
.In those' instances when the Oty Council has reached an informal consensus on the
proposed zoning designation for property, to be.annexed that is contrary to the .
recommendation, of the Planning and Zoning Commission, the City Council wiil defer
,'Ii. .formal action on the matter' until a discussion has taken place between the City
'~'I' Council and the Planning and Zoning:Commission.
G. State Review
Following approval of a severance 6r an annexation and associated zoning classification by
the City Council, the necessary documentation shall be forwarded to the state Oty
Development Board and to state officials as required by state code and state'
administrative rules. The annexation or severance shall be considered final once
acknowledged by the Secretary of State, and recorded with the Office of the County
Recorder; \ I' -_' ,"T ,,-' ,';' rJ'.":~ i..)-~ ','.,~\".,.l
<?o' ~\\~ ~\\
.: >l, . )1~'.l
~ 1(l;)~.3!~-"~~'
..' 'I [I;;:rF~i
A. InitiatiOn of:irivoluntary Annexation or Severance
WheneVerYatrer public hearing thereon, the City Council determines that involuntary
annexation'of'severance proceedings should be undertaken, the matter shall be referred
to the Planning and Zoning Commission for their review and recommendation.
B. Staff Review
t-~Staff wiil prepare a report and recommendation regarding the proposed involuntary
annexation or severance for the Planning and Zoning Commission based on
Comprehensive Plan policies,.the public interest in annexing or severing said territory,
",recommendations.regarding zoning designation of areas to be annexed, and other
pertinent information. At a minimum, the report shall contain the all of the information
r!!!juired by state code and state administrative rules.
C. Notmcati6n' R' 'uiren'ients . ',' .' ,
S ,ff ~f1I'~~HN~~~ff@'eC(p'ib~~ttY<oWnei\i; uhitS':ofijovernlTll!!ilt, utilities, owners of
:lH{IJ~V"ii9ht"Hf:a,~y;naHa 8th'e(pa'iti~s lls"rei\lli'i~ b~~iMCOde ahdstate administrative
rules. " \~'.' -' " ,'" -
\J J~\,i;'-: ~~:: n:' .::",,' :, )\ -' ':C,U '~,-,t' <,-', . ,: ~,...; '-".
D. Planning and Zoning Commission Review.,
,'-. _, '_"",;',',-' ... i.'.'-
; 1. . Once notification requirements are completed, the staff report and recommendation
. for the zoning of annexed territory shall be forwarded to the Planning and Zoning
Commission for their review and recommendation:
.' 2. After discussion at Ii public meeting, the Commission' will recommend approval,
approval with conditions, or denial of the involuntary annexation or severance. ,For
annexations, the Commission will also make a recommendation as to the zoning of
said territory. ,,'
E. City Council Public. Hearing .
1. Once the Planning and Zoning Commission has completed their review, the City
91w;;:Couricll.shall'set a publichearingonthe proposed annexation'and.zoniilg, or
bns ;severance. Notice:of.such,hearing,.and'the time'of.place'ofsucti'hearing must be
,,;.. "Jl.ublished.in a newspaper h~ving,a general circulation in the City at least 7, but not
~.. 'more than 20 days before the'public hearing. In no case shall the public hearing be
held earlier than the next regularly scheduled City Council meeting following the
published notice. - '" .,k :', ,1;
5(2'.. . . After ttie pUbiic'he~riilg;~th-ebtYCoundl wil(consider a 'reSolution approvingthe
a-rinexaticin or Se~erance;l qr,(!?;:~ ~',f5, rE, ~-,':,"f~:-' -':'" ,.', )"
,
. .
--" i" 'Following approval of-a' resolution to annex territory, the City Council will consider an
'~'., ordinance approving a zonilig'd~signation for the annexed territory.
7>.1 (
4.
~~. CJS- -~\ '(;\0
lri thoselnstances when the Oty Coondl has reached an informal consensus on a
prOP.9.~'invol~.~.tary severance, annexation, or the proposed zoning designation for
property to be anne~~.t~at is contrary to the recommendation of the Planning and
Zoning Commission, the City Council will defer formal action on the matter until a
~o~1~i 311
I
...~~_._~+-
F.
discussion has taken place between the City Coundl and the Planning and Zoning
Commission:- '. - ..' . ~
State Review
1. Following approval of a resolution approving an involuntary annexation or involuntary
severance, all necessary documentation will be forwarded to state officials and the
state Oty Development Board as required by state code and state administrative
rules. State officials will then conduct a process as required in state code and state
administrative rules to consider the involuntary annexation or severance request. ~
2. The Involuntary annexation or sev,erance request shall be conSidered final once"
approved by state officials, pUblished according to state code requirements, and o.nce
proceedings of the process as required by state code are filed with the Secretary of
State, the Oty Clerk, the State Department of Transportation, and recorded iNitli'the
Office ,of the County Recorder.
>
14-80-3 Com rehensive Plan Amendment
A. Authority
1. . The Ci\y Council may, from time to time; on its own motion or on petition, amend by
resolution the Oty's Comprehensive Plan, including any District Plans or other
amendments thereto. Arty proposed amendment initiated by the Oty Council shall
first be submitted to the Planning and Zoning Commission for its recommendation
and report. . .' I ':
2. The Planning and Zoning Commission may from time to time, on its own motion or
on pe~tion, recommend to the City Coundl amendments to the Oty's Comprehensive
Plan, including any District Plans or other amendments thereto. .'1
B. Optional P~-APplication Conference . '.. ;'l
Arty person intending to request an amendment to the Oty's Comprehensive Plan is I
encouraged to meet with staff from the Department of Planning and Community .
Development. The purpose of the pre-application conference is to discuss basic intentions,
. revieW the applicable ComprehenSive Plan and District 'plan polides that might affect the
"'intended request, and ensure that the applicant is familiar with the review and approval
'. proceduresJor a Comprehensive Plan Amendment.
C. Submittal Requirements
Unless the Comprehensive Plan amendment is initiated by the Planning and Zoning
. Commission or the City Council, the following application submittal procedures must be.
followed. "
1. Applications for a Comprehensive Plan Amendment must be filed with the City Clerk
on application forms provided by the Department of Planning and Community.,..,
Development. . 1
2.' Supporting materials must be submitted as specified on the application form and
must provide evidence that the approval criteria as set forth in the following
subsection are met. .
3. The City Oerk shall forward said application to the Department of Planning and
Community Development.
D. Approval Criteria
Applications for a Comprehensive Plan Amendment must include evidence that the
following approval criteria are met. .
1. Circumstances have changed andjor additional information or factors have come' to
. Iighbuch that the proposed amendment is in the public interest.
~ :
,1
~I~
. _~. CJS- -~\1{~______. . \?G-~\~ 'lP '3\
, '2.- , The proposed'amendment will be compatible with other policies or provisions of the . '\) l
. Comprehensive Plan, induding any District Plans or other amendments thereto.
Staff Review /
After receipt of it complete application, the Director of Planning and Community
Development or designee will forward a written report and recommendation to the
Planning and Zoning Commission.
Planning and Zoning Commission Review , . . ':'. . \
" _ . .. (. ~ ~
1., After receipt of a report and recommendation from City staff, the Planning a~9, ...>
Zoning Commission will schedule a public hearing. Notice of such hearing, and the
.time of place of such hearing will be published in a newspaper having a gerierai ;.
circulation in the City at least 7, but not more than 20 days before the pUblic,hea,ring.
2. Following the public hearing, the Commission will consider a motion to recommerfd
approval, modification, or denial of the proposed amendment. Not less thim four.. .11
, votes shall b~ required to recommend app~V~L~f.~!1i!~~glJ1J!!]tJQ,~"",.i; ...
".'~' !,;~mp'r~her"!slve Plan.,' . "T' ~.1)'-' y.;; , ,'-, ", .' ; " '\ :~.' . " _.,M'
3. ,The Commission will forward their report and recommendation to the Oty Council for
their review. ',< ., .
E.
F.
G. City Council Public Hearing
"
~' . J ,
1. After the recommendation and report of the Planning and Zoning Commission have
been filed, the City Council shall, before enacting any amendment to the Oty's
Comprehensive Plan hold a public hearing in relation thereto. Notice of such hearing,
and the time of place of such hearing must be published in a newspaper having a
general circulation in the City at least 7, but not more than 20 days before the public
hearing. In no case shall the public hearingbe held earlierthim the' next regularly
scheduled Oty Council meeting following the published notifE., Th~ Oty Coundl may
set such public hearing either before or after it submits the proposed a'mendment to
the CommiSsion for its recommendation or during the period while the Commission is
considering such matter.
. , "/
2. Following the public hearing, the City Coundl will consider a resolution implementing
the proposed Comprehensive Plan Amendment. Any proposal for an amendment to
the Comprehensive Plan that is counter to the recommendation of the Planning and
Zoning Commission shall not become effective except by a favorable vote of 3f4 oUhe
members of the City Council. .
14-80-4 Oesi n Review Overla OOR Rezonin
A. Initiation
'.
B.
1. The City Council may, on its own motion or on petition, designate by ordinance areas
of the, City as Design Review Districts. Any proposed Design Review District initiated
by the City Council shall first be submitted to the .Planning and Zoning Commission
for its recommendation and report. '
2. The Planning and Zoning Commission may, on ,its own motion or on petition; ~
recommend to the City Council areas of the City for designa~on as a ,Design Review
District. ' . , " I '
District Report
Once the proposal for a Design Review District is initiated by the City Coundl or the
Planning and Zoning Commission, the Commission will direct City staff to prepare a District
Report. The District Report will include background information and recommendations
regarding the proposed district, including the following:
1. ,A map defining the boundaries of the proposed district; and
2. A study of the characteristics of the proposed district, including zoning and existing
land use, elements of the streetscape, property ownership patterns, and the
architectural characteristics, physical condition, and age of buildings in the proposed
district; .
3. A list of any proposed design guidelines for the district.
Appn)vaIP~ure
The process of designating an area as a Design Review District is considered a Design
Review Overlay Rezoning and must therefore follow the procedures for a Zoning Map
Amendment (Rezoning) as specified in Section 14-80-5, below.
C.
;r
-!
".......
,/
4f'
.~ ,
r
1
\.
~n
~\., as -~V6\l)
~d' ),'1l\ ~ ~\l
14-80-5 Zoning Map Amendments (Rezonings) and Zoning Code Text
Amendments
A.
Initiation
B.
" )'. - .'
1. , The City Council may, from time to time, on its own motion or on petition, amend by.: '
ordinance the boundaries of zoning districts or the regulations or restrictions of this <iB
Title. Any proposed amendment initiated by the City Council shall first be submitted
tothe Planning and Zoning Commission for its recommendation and report. .' ....;
_k~ .. ','.. .
2. The Planning and Zoning Commission may from time to time, on its own motion or
on petition, recommend to the City Council amendments to this Title or to the' ". "
boundaries of zoning districts or to the zoning of particular tracts.
Optio'lal Pre-Application Conference
Any person intending to request a Zoning Map Amendment or Zoning Code Text
Amendment is encouraged to meet with staff from the Department of Planning and
Community Development to discuss basic intentions before investing time in detailed
. plans. The purpose of the pre-application conference is to review the existing zoning,
, ~iscuss the purpose for the requested amendment, review applicable Comprehensive Plan
a'nd District Plan policies that might affect the intended request, and ensure that the
applicant is familiar with the review and approval procedures for a Zoning Map or Zoning
. Code Text Amendment.
,
;...0.....)
..
C. Submittal Requirements
. UnlesS the Zoning Map or Zoning Code Text Amendment is initiated by the Planning and
, . Zoning Commission or the' Oty Council, the following application submittal procedures
, muSt be followed. .
1. Applications for a Zoning Map or Zoning Code TeXt Amendment must be filed with
, ..' the City Clerk on application forms provided by the Department of Planning and ";
" t;. Community Development. .
2. Supporting materials must be submitted as specified on the application form and- ...,
. must indude a statement from the applicant explaining the reasons and justification
for the requested amendment.
3: The City Clerk shall fOlWard said application to the Department of Planning and
'. . Community Development.
D. Staff Review
. After receipt of a complete application, the Director of Planning and Community
,Development or designee will fOlWard a written report and recommendation to the
Planning and Zoning Commission.
E. Planning and Zoning Commission Review
1. After receipt of a report and recommendation from City staff, the Planning and
. Zoning Commission wiil schedule one or more public meetings to receive public. .
comment regarding the proposed request. The Commission wiil then make a,
, recommendation for approval, approval with conditions, or denial to the Oty Council.
.' . . , .
2. If the Planni'ng and Zoning Commission makes no report within 45 days from the date
a complete application was received, it shall be considered to have made a report
approving the proposed amendment.
.3:. , Not less than four votes shall be required to recommend approval of an amendment
to this Title or to the boundaries of zoning districts or to the zoning of a particular
parcel of land.
F. )' 'city 'Co~ncil Public Hearing
. 1. After the recommendation and report of the Planning and Zoning Commission have
'.. been filed, the City Council shall, before enacting any proposed amendment hold a
.." public hearing in relation thereto. Notice of such hearing, and the time' of place of
such hearing must be published in a newspaper having a general circulation in the
City at least 7, but not mor~ ~a_n_ ?O days before the public hearing. In no case shall
~
~7<r
'.
~G' ~\(S'\ 311
-~>. . the public hearing be held ~earlier'than theneKregulany-scheaule<fCitY Council'
meeting following the published notice. The City Council may set such public hearing
either before or after it submits the proposed amendment to the Commission for its
recommendation or during the period while the Commission is considering such
matter. . .
.,,2., Following the public hearing, the City Council shall consider an ordinance
implementing the proposed Zoning Map Amendment or Zoning Code Text
Amendment. In those instances when the City Council has reached an informal
"'~~ .'.. consensus on a proposed Zoning Map Amendment or Zoning Code Text Amendment
" ,that is contrary to the recommendation of the Planning and Zoning Commission, the
Oty Council will defer formal action .on the matter until a discussion has taken place
between the City Council and the Planning and Zoning Commission. In such
instances, jf the Planning and Zoning Commission declines the City Council's offer to
meet, formal action on the matter may commence forthwith.
G. Plote5ts
If a protest against such amendment is presented in writing to the City Clerk, duly signed
and notarized by the owners of 20 percent or more of the area of the lots included within
'the area' for which the amendment is proposed or by the owners of 20 percent or more of
the property which is located within 200 feet of the exterior boundaries of the area for
.."wwhich'the amendment is proposed, such amendment shall require the favorable vote of
,314 of the members of th!l City Council for passage.
H. Effect on Development Activity .
. ~~ _.l._~RegulatedDevelopment'ActivitY"'-""L',""N"".i""=WW' ,""k.,--=--,'=~~.._,
.....--.
, When a proposed text or map amendment to this Title would prohibit or be counter
';1 '<'" to a use, building, structure, portion of a building or structure, attachment to a
building or structure, demolition of a building or structure or portion thereof, or any
other type of development activity for which a permit or license is currently required,
the setting of a City Council public hearing on the amendment shall suspend the
Sv' , "following for 60 days:
?' a.' Issuance of a permit or license for the establishment, conversion, or
:," '35:' enlargement of any use that would be counter to or prohibited by the existing
5 . code or by the proposed amendment; and
ld t
b. Issuance of a permit or license for any land clearing, grading, construction,
~I;
demolition, or other development activity that would be counter to or prohibited
by the existing code or by the proposed amendment; and
,'. ",. ' c. Any issued permit or license for the establishment, conversion, or enlargement
of any use, or for any land clearing, grading, construction, demolition, or other
development activity that would be counter to or prohibited by the proposed
amendment, if no substantial part of the permitted or licensed use or
development activity has begun. '
:-'. '2..: Currently Unregulated Development Activity
When a proposed text or map amendment to this Title would prohibit or regulate a .
use, building, structure, portion of a building or structure, attachment to a building or
,r' Z;: . Structure, demolition of a building or structure or portion thereof, or any other type of
development activity for which a permit is not currently required, the official' ,..
publication of a notice of public hearing on the proposed amendment shall suspend
for 60 days the establishment, conversion or enlargement of any use, or
c'" 'j '. commencement of any land clearing, grading, construction, demolition, or other
I ,'" development activity that would be counter to or prohibited by the proposed
. amendment, provided no substantial portion of the previously unregulated
development activity has begun.
3. Subsequent to City Council Action
. ..c' 'a. If, within the 60-day period, the City Council enacts the proposed amendment,
this Title, as amended, shall apply. Any permit or license for a use or
development activity counter to or prohibited by such amendment shall not be
issued, or if already issued, shall be revoked, provided no substantial part of thE
permitted development activity has begun. Any required permit or license for a '
previously unregulated use or development activity must be obtained prior to
continuation.
~ . as - '-\ \ 'l \.0
!
I
,
,
)
!
...n'
(.; .
"
J
~ ~~, I,'
. "
J
.J
.,1::'(
-:::ZIS
~ .r' .~;.
;.,.
",""<"::
',' ~.
~_ OS-Y.\~'-<>
~.~\Io ~ 0\\
f..
b. If, at any time in the 60-day period; the City Cound(rejectSthe proposeo -
amendment or if by the end of the 6Q-day period has not enacted or has
rejected the proposed amendment, the suspension shall be terminated. Review
of any suspended applications for a permit under the current Title shall resume,
uses or development activity may proceed under permits or licenses that have
already been issued, and unregulated uses or development activity may
proceed.
c. No already-issued permit or license may be suspended under this subsection
more than once, nor shall any property be subject to suspension under this
, subsection within 12 months of a previous suspension applied to the same
property under the same proposed amendment. Said 12 month period will
commence from the final day of the 60 day suspension period.
",.,'
',' ~,
. .. .. ,,:~
14-80-6 Level II Sensitive Areas Review
A Level II Sensitive Areas Review and its associated Sensitive Areas Development Plan is
considered a type of planned development and as such will be reviewed according to the
approval procediJres for a Planned Development Overlay Rezoning as set forth in Section 14-
80-7; below.
.~ .., '
14-80-7 Planned Develo ment .overla .oPD Rezonin
A. 'Optional Pre-Application Conference .
Any person intending to request an OPD Rezoning is encouraged to meet with staff from
the Department of Planning and Community Development to discuss basic intentions
before investing time in detailed plans. The purpose of the pre-application conference is to
review the existing zoning, discuss the purpose for the requested planned development,
review applicable Comprehensive Plan polldes, induding any District Plan polldes that
might affect the intended request, and ensure that the applicant is familiar with the review
and approval procedures for a planned development overlay rezoning.
q
-
I
B. Submittal Requirements
. Applications for an .oPD Rezoning must be filed with the Oty Clerk on application fonns
provided by the Department of Planning and Community Development.
1. Preliminary Approval .
a. Supporting materials for preliminary approval of a Planned Development Overlay
Rezoning must be submitted ~s specified on the application form and must
include a. Preliminary .oPD Plan, a statement from the applicant listing the
category or categories of planned development applied for, a list of all ,;" y:
requested variations from the underlying zoning requirements or from Oty '." .'-.'
street standards, and a proposed time schedule for the completion of various
phases of the development. The Preliminary OPD Plan may show a range of
dimensions and need not have the specificity of the final plan.
b. A Preliminary OPD Plan for developments containing regulated sensitive features
must be entitled, "Preliminary Sensitive Areas Development Plan." Such
Sensitive Areas Development Plans, in addition to illustrating all the applicable
elements for a planned development, must delineate all regulated sensitive
areas and associated buffers according to the applicable regulations contained In
Artide 14-51, Sensitive Lands and Features and must delineate construction area,
limits and list all proposed restrictions for current or future development activitY"
within protected sensitive areas. '
2. ,; Final Approval . '.
a. Supporting materials for the Final OPD Plan must be submitted as specified on
the application form. . . . ~
b. If the application is for a Final Sensitive Areas Development Plan, the plan must
establish restrictions for current or future development activity within protected '
sensitive areas. Any such restrictions must be set forth in the legal papers ,'1
approved as part of the final plan. .'
,',,:
'.
.
":<,10
~_I::lS- -L\\"it..o
\?6 . d,11 ~ 3\1
C. Approval Procedures for a Planned Development Overlay Rezoning
Approval of a Planned Development Overlay Rezoning shall be by ordinance in accordance
with the following procedures. Approval of a rezoning to OPD shall constitute approval of
the Preliminary OPD Plan or, if applicable, the Preliminary. Sensitive Areas Development
Plan. . "
1. Staff Review
Upon receipt of a complete application, staff from the Department of Planriing'afld .0
Community Development will review the application for compliance wlttl'the~; "r1T
applicable approval criteria as set forth in Article 14-3A, Planned Development "J'
Overlay. Staff will forward a report and recommendation to the Planning and Zoning
Commission for their consideration.
2. Planning and Zoning Commission Review
a. After receipt of a report and recommendation from Oty staff, the Planning and
Zoning Commission will schedule one or more publiC meetings to rece!ye.publlc 'j
comment regarding the application. 'The Commission will then make a written
repOrt of its findings to the Oty Coundl with a recommendatioo't6r' approval,
approval with conditions, or denial of the Plannei:l Oe~elojiment Overlay
Rezoning. The report shall include findings with regard to the applicable
approval criteria as set forth in Article 14- 3A of this Title, Planned Development
Overlay. If the Planning and Zoni~g Commission makes no report within 45 days
from the date a complete application was received, it shall be considered to
have made a report approving the proposed Planned Development Overlay
Rezoning.
b. Not less than four votes shall be reqUired to recommend approval of a Planned
Development Overlay Rezoning.
3. City Council Hearing
a. After the recommendation and report of the Planning and Zoning Commlsslon
have been filed, the City Council shall, before approving any Planned
Development Overlay Rezoning, hold a public hearing in relation thereto. NotIce
of such public hearing, and the time of place of such hearing must be published
in a newspaper having a general circulation in the City at least 7, but not more'
than 20 days before the public hearing. In no case shall the public hearing be .
held earlier than the next regularly scheduled City Council meeting following the
,,,",_~published,notice..The.ety'€ouncil;may'set such-public hearing'e1~-tiefore.or- .
,. . after It submits the proposed Planned Development Overlay to the Commission
for Its recommendation or during the period while the Commission is considerlng
such matter.
.:. b. Following the public hearing, the Oty Council shall consider an ordinance
approving the proposed Planned Development Overlay Rezoning, In those
instances when the Oty Council.has reached .an infonnal consensus on a
proposed Planned Development Overlay Rezoning that is contrary to the
recommendation of the Planning and Zoning Commission, the City Council will
defer formal action on the matter until a discussion has taken place between the
City Council and the Planning and Zoning Commission. In such instances, if the
Planning and Zoning Commission declines the Oty Council's offer to meet,
formal action on the matter may commence forthwith.
-.--.-
. It! :'jIW
j:,
fY
4. Lapse of Approval
A Preliminary OPD Plan or Preliminary Sensitive Areas Development Plan shall be
valid for no more than 24 months unless otherwise specified in the ordinance
approving the OPD Overlay Zone. If no building pennit has been issued for the
development within the 24-month period, the area of land to which the OPD
ordinance applies may be considered by the Oty for rezoning.
5. Protests and Effect ~n Development Activity . .:1~
SinCe a Planned Development Overlay Rezoning is a type of Zoning Map Amendment
(Rezoning), a Planned Development Overlay Rezoning is subject to the same ". .i~
provisions for Protest and Effect on Development ActIvity as for a Zoning Map
Amendment as set forth in Subsections 14-8D-5G and 14-8D-5H, above.
-::<17
~. os- -L\.\ ~ \0
C?o.~\'b ~ 3\ 1
D. Final OPD Plan Approval
1.
Administrative Review and Approval
a. Approval of a Final OPD Plan or Final Sensitive Areas Development Plan shall be
by administrative review. Approval shall be based on compliance with an
approved Preliminary OPD Plan or Preliminary Sensitive Areas Development
Plan. Such plan may be submitted concurrently with an application for Site Plan
Review or Subdivision Review.
b.. Requests for minor changes from the approved Preliminary OhPD or SenSitl,ve .J
Areas Development Plan that do not constiMe substantive canges, as,._?
described in Subsection E, below, may be approved admlnisb'~tlvely. With.q~
further City Council action. .?SIUl
c. Appropriate legal papers must be submitted and approved prior to approval of (I
the Final OPD Plan or Final Sensitive Areas Development Plan. . ..
d. A Final OPD Plan or Final Sensitive Areas Development Plan of only a portion of
the area rezon.ed to OPD may be approved if:
(1) The plan of such subarea meets all requirements of a Final OP~. ~Ian;,and
(2) The Final OPD Plan or Final Sensitive Areas Developmellt.Plan~for the
subarea complies with the approved Preliminary ~an;' and
(3) The dwelling unit density In the subarea does not exceed the dwelling unit
density approved under the Preliminary Plan for the specific area under '.3
review; and
(4) The subarea can function as an independent development with adequate
vehicular and pedestrian access, services, utilities, open space, etc.; and
(5) The d~veloper dedicates all public right-of-way necessa\;v.(l to support the
.f
subarea. q.
. 2. Issuance of Pennits.
: a. The approved Final OPD Plan or Final Sensitive Areas Development Plan for the
entire development and/or any subareas shall be filed in the Department of
Housing and Inspection Services, and permits will be issued only for structures
and development activity conforming to the approved Final OPD Plan or Final
Sensitive Areas Development Plan, whichever is applicable.
b. RequeSts for minor changes to a Final OPD or Final Sensitive Areas
Development Plan that do not constiMe substantive changes, as described in
Subsection E, below, may be approved administratively without further Oty
Council action.
c. If the underlying base zone is Residential and commercial uses are approved as
a part of the planned development, no building permit for a commercial use
shall be issued until a minimum of 25 percent of the housing units planned for
the area or approved subarea have been completed, or unless 25 percent of the -,"'_
housing units planned for the area or approved subarea will be built
simultaneously.
E. Amending Approved OPD Plans or Sensitive Areas Development Plans
Requests for substantive changes to an approved Preliminary or Final OPD or Sensitive
Areas Development Plan may not be approved administratively, but must be submitted as
an amendment to such a plan and will be reviewed according to the procedures for
approval of a Planned Development Overlay Rezoning, as specified in this Section. A
substantive change is any significant change in the land uses, street locations, Or character
of the development from what is shown on the approved OPD Plan or Sensitive Areas
Development Plan or any variation from the underiying zoning requirements or street
standards beyond the ranges approved on the Preliminary OPD Plan or Preliminary
Sensitive Areas Development Plan. .
~1~
~. CJ~-L\\~\o
\?cJ. ~'l ~ ~ 3\'1
14-80-8 Vacation of Public Ri ht-of-Wa
A. Optional Pre-Application Conference
Any person intending to apply for a Vacation of Public Right-of-way is encouraged to meet
with staff from the Department of Planning and Community Development to discuss basic
intentions before investing time in detailed plans. The purpose of the pre-application
conference is to review the proposed vacation and ensure that the applicant is familiar
with the review and approval procedures for a Vacation of Public Right-of-way.
-: )
B. !,ubmittal Requirements
1. An application for a Vacation of Public Right-of-way must be filed with the City Clerk
on application forms provided by the Department of Planning and Community
Development.
2. Supporting materials must be submitted as specified on the application form.
3. The City Clerk shall forward said application to the Department of Planning and
Community Development.
C. Staff Review
1. The Director of Planning or designee will review the application with regard to the
following factors:
a. Impact on pedestrian and vehicuiar access and circuiation;
b. .Impact on emergency and utility vehicle access and circulation;
c. Impact on access of adjacent private properties;
d. Desirability of right-of-way for access or circulation needs;
e. Location of utiliti,:: and other easements or restrictions on the property;
f. Any other relevant factors pertaining to the specific requested vacation.
2. Once information regarding utilities, adjacent property owners, and access issues has
been collected and reviewed, the Director of Planning or designee will forward a
written report and recommendation to the Planning and Zoning Commission
regarding the requested vacation.
D. Planning and Zoning Commission Review
After receipt of a report and recommendation from staff, the Planning and Zoning
Commission will schedule one or more public meetings to receive public comment
regarding the proposed vacation request. The Commission will consider the evidence'
presented in the application, in the staff report, and at the public discussibn(s) and make a
recommendation for approval or disapproval to the City Council.
E. Purchase Offer
Unless the vacated right-of-way is to remain public property, the applicant must make a
purchase offer for the area proposed to be vacated. The purchase offer should reflect the
applicant's estimate of fair market value of the property. The estimate of the value of the
property to be vacated should be based on the assessed and/or appraised value of
adjacent or similar properties. Once a written purchase offer for the property is received,
"
a public hearing before the City Council will be scheduled.'
F. Public Hearing On Vacation And Disposition
1. After the recommendation and report of the Planning and Zoning Commission have
been filed, and a written purchase offer has been received from the applicant, the
City Council will hold a public hearing on an ordinance to vacate the subject right'of-
way and on a resolution to dispose of the property to the applicant. Notice of such
hearing, and the time of place of such hearing must be published in a newspaper
having a general circulation in the City at least 7, but not more than 20 days before
the public hearing. In no case shall the public hearing be held earlier than the next
regularly scheduled City Council meeting following the published notice. The City
Council may set such public hearing before, after, or during the period when the
Planning and Zoning Commission is considering such matter.
2. If the City Council approves the ordinance and resolution to vacate and dispose of
the property,the Office of the City Attorney will complete the necessary documents
to deed the property to the applicant and complete the transaction.
~l~
~. C:lS" -'-\\~\c
Article E. Historic Preservation Commission Approval
Procedures
~~, ~$J ~ ~n
14-8E-1 Oesignation of Historic Oistricts, Conservation Oistricts, and Local
Historic Landmarks
A. Initiation
1., The City Council may on its own motion or on petition designate by ordinance areas
of the City as Historic or Conservation Districts or may,designate by ordinance local
Historic Landmarks. Any proposed 'Historic Landmark or Historic or Conservation
District initiated by the City Council must first be submitted to the Historic
Preservation Commission for its recommendation and report. Designating a Historic
District, Conservation District, or lo~al Historic Landma\k is considered an overlay
rezoning and as such must also, subsequerit to consideration by the Historic
Preservation Commission, be submitted to the Planning and Zoning Commission for
its recommendation and report regarding the rezoning.
2. The Historic Preservation Commission may on its own motion or on petition
recommend to the City Council areas of the City for designation as Historic or
Conservation DiStricts or properties for designation as local Historic Landmarks.
." ' Designating a Historic District, Conservation District, or local Historic Landmark is
considered an overlay rezoning and as such must also be submitted to the Planning
. and Zoning Commission for its recommendation and report regarding the rezoning.
k-,
B. Historic Landmark Applications
1. Applications for a Historic Landmark Designation must be filed in the Department of
Planning and Community Development on application forms provided by the City.
Supporting materials must be submitted as specified on the application form.
2. If the property has been registered on the National Register of Historic Places
(NRHP), the NRHP Registration Form must accompany the applic;ation.
C. Historic Preservation Commission Public H~aring
1. Upon receipt of an application for Historic Landmark designation or following initiation
of a proposal to designate a Historic or Conservation District, the Historic
Preservation Commission will hold a public hearing on the proposal.
2. The Historic Preservation Commission will give notice of the time, date, place and
subject matter of such public hearing at least seven (7) days prior to the hearing.
Such notice must be served by ordinary mail addressed to each property owner of
'and included in such proposed district at the property owner's last known address. If
the address of any property owner is unknown, such notice must be served by
ordinary mail addressed to "owner" at the street address of the property in question.
An affidavit of mailing will be filed with the City Clerk setting forth the date that
notice was mailed and the names and addresses of all property owners notified
pursuant to this subsection.
3. : Following the public hea'ring, the Historic Preservation Commission will consider a
, _,motion recommending approval of the proposed District or Historic landmark.
4. Upon approval of the motion, the Historic Preservation Commission will submit an
application to rezone the proposed area to Historic District Overlay or Conservation
District Overlay, whichever is applicable. For properties proposed as iocal Historic
Landmarks, an application for a Historic District Overlay Rezoning must be submitted. '
D. State Historic Preservation Office Review
Following the public hearing before the Historic Preservation Commission, the proposal will
be submitted to the State Historic Pre~ervation Office (SHPO) for review and
recommendations. The City will make any recommendations made by the State Historic
Preservation Office available to the public for viewing during normal business hours at a
City government place of public access.
"
"
.
.
~
'~
~&o
~. ClS-~\'i.'\o
~-~~\ <J\ 3(1
,E. Planning and Zoning Commission Review
1. After receipt of the rezoning application and the report and recommendation of the
Historic Preservation Commission, the Planning and Zoning Commission will scheduie
one or more pUblic meetings to receive public comment regarding the proposed
district.
2. The Planning and Zoning Commission will review the proposed overlay rezoning
based on its relation to the Comprehensive Plan, as amended, to the provisions of
this Title, and to any proposed public improvements and other plans for the renewal
of the area involved. The Planning and Zoning Commission will recommend approval,
denial, or modification of the proposed Historic District or Conservation District .
Overlay Zone.,
3. If the Planning and Zoning Commission makes no report to the City Council within 4S
days from the date the rezoning application was received, it shall be considered to
have made a report approving the proposed rezoning.
4. A two-thirds vote of the members of the Commission present at the meeting, but not
less than four votes, shall be required in consideration of such a rezoning.
S. If the Planning and Zoning Commission alters the area of the proposed district as
approved by the Historic Preservation Commission, the Planning and Zoning
Commission must submit a description of the altered proposed area or the petition
describing the area to the State Historic Preservation Office and the Historic
Preservation Commission for review and recommendations co'ncerning the altered.
proposed district.
F. City Council Public Hearing
,1. After receiving the report and recommendation of the Historic Preservation
Commission and the Planning and Zoning Commission regarding the proposed
Historic District or Conservation District Overlay Zone, the City Council shall before
enacting any proposed Historic District or Conservatio'n District Overlay Zone hold a
public hearing in relation thereto. Notice of such hearing, and the time of place of
such hearing must be published in a newspaper having a general circulation in the
City at least 7, but not more than 20 days before the public hearing. In no case shall
the public hearing be held earlier than the next regularly scheduled City Council .
meeting follOWing the published notice. The City Council may set such public hearing
either before or after the proposed rezoning is submitted to the Planning and Zoning
Commission for its recommendation or during the period while the Planning and
Zoning Commission is considering such matter.
2. Following the public hearing, the City Council shall consider an ordinance
implementing the proposed Historic District or Conservation District Overlay Zone.
The City Council may approve or deny the ordinance or may refer the overiay zoning
to the Historic Preservation Commission for modification. Comments from the State
Historic Preservation Office must be received by the City Council prior to approval,
denial, or modification of the proposed rezoning.
3. If the City Council refers the overlay zoning back to the Historic Preservation
-Commission for modification, the Commission will follow the procedures as set forth
in Subsections C through F of this Section, with the following exceptions:
a. Unless substantial modifications are proposed, the public hearing before the
Historic Preservation Commission may be waived.
b. Only property owners affected by the City Council's proposed modification shall
be notified by mail of the modification prior to action by the Historic
Preservation Commission.
~
.
I
)
,
.
,
I
,
~
G. Protests and Effect on Development Activity
Since a Historic District or Conservation District Overlay Rezoning is a type of Zoning Map
Amendment (Rezoning), such an overlay rezoning is subject to the same provisions for .
Protest and Effect on Development Activity as for a Zoning Map' Amendment asset forth in
Subsections 14-8D-5G and 14-8D-5H, above.
,
i
.
.
c
.~,. O. ..
~81
_ ~. os -'-\I55lp
QG ~Ii~ '\ :3\ l
, ,
. ~
14-8E-2 Historic Review
A.
Submittal Requirements
~- ,- -- ". ~-,.---- -. -'''''.' . - - -. -,
1. 'Applications for Historic Reviewmust be fiied with the Department of Planning and
Community Development on application forms provided by the City.
2. Supporting materials must be submitted as specified on the application form. ,
Levels of Historic Review
1. Minor Review
a. A minor review will be conducted for applications that meet-the following
criteria:
..-,,-
Ii.
---
(1) The application is for a specific change or changes to the exterior of a
noncontributing property located in a Conservation District; and
(2) The proposed change is of a type specifically defined and listed as eligible
for Minor Review in the Iowa City Historic Preservation Handbook, as
amended.
b. Applications for minor review will be reviewed by a designated Commission
member or designated staff to the Commission. Applications will be approved
upon finding thatthe proposed change to the property will have no material
effect on the historic character of the Conservation District. Decisions may be
appealed to and reviewed by the Historic Preservation Commission, if so
requested by the applicant. If there is evidence that the proposed change may
, have a material effect on the historic character of the Conservation District, the
application for minor review will be deferred and will be forwarded for 'major
review' by the Historic Preservation Commission.
c. A written report of the minor reviews processed shall be made to the
Commission at the next scheduled Commission meeting.
2. Intermediate Review
a. An intermediate review will be conducted for applications that meet the
following criteria:
(1) The application is for a specific change or changes to the exterior of a
contributing property located ,in a Conservation District; and
(2) The proposed change is of a type specifically defined and listed as eligible
for Intermediate Review in the Iowa City Historic Preservation Handbook,
as amended.
b. Applications for intermediate review will be reviewed jointly by the designated
Commission staff and the Historic Preservation Commission Chair or the Chair's
designee. Decisions may be appealed to the Historic Preservation Commission, if
so requested by the applicant. If the Historic Preservation Commission Chair
determines that an application warrants review by the full Commission, said
application will be forwarded for major review.
c. A written report of the intermediate reviews processed shall be made to the
Commission at the next scheduled Commission meeting.
3. Major Review
. a. A major review will be conducted for applications that meet one or more of the
following criteria:
(1) The application is for a change or changes to a property located in a
Historic District; or
(2) The application is for a change or changes to a property that has been
designated a Historic Landmark; or
(3) The application is for a specific change or changes to the exterior of a
property located in a Conservation District that does not qualify for minor
or intermediate review; or
(4) The,application is for minor or intermediate review and has been
recommended for major review by the designated Commission staff or
. __ _ __Commission Chair;"or
,~
,
,
"
~
.
,
,
:t i?~
~. CJ~- -'--\t'6l.o
~.~l\:;> i '3\ l
b.
(5) An appeal of a decision regarding a minor or intermediate review.
Applications for major review will be reviewed by'the Historic Preservation
Commission. Applications that are denied may be appealed to the City Council If
f:
the property is a Historic Landmark or a property located within a Historic
District; or appealed to the Board of Adjustment if the property is located within
a Conservation District.
C. ApprovalProcedure
Applications for Historic Review wiil be reviewed for compliance with the applicable
approval criteria for historic review as set forth in Article 14-3B, Historic District and
Conservation District Overlay. Historic Review will result in one of the following outcomes:
1.. If the, proposed material change to the property will have no effect on any
architecturally significant feature or there wiil be no change in appearance to a
Landmark or property located within a Historic or Conservation District, a Certificate
of No Material Effect will be issued, signed by the Chair of the Historic Preservation
Commission or designee and be transmitted along with the application to the Building
Official and the City Clerk.
2. If the application is approved or approved with modifications acceptable to the
applicant, a Certificate of Appropriateness will be issued, signed by the Chairperson
or designee and be transmitted along with the application to the Building Official and
the City Clerk.
3. If the application is disapproved, the Commission will issue a written decision setting
forth the factual basis for the decision and the vote of each member participating
therein. The decision will be issued, signed by the Chairperson or designee and be
transmitted along with the application to the Building Official and the City Oerk. .
D. Appeals
Any perSon aggrieved by any decision of the Commission regarding an application for
historic review in a historic district or for a historic iandmark, may appeal the action to the
City Council. Any person aggrieved by any decision of the Commission regarding an
application for historic review in a Conservation District may appeal the action to the Board
of Adjustment. Procedures for such appeals is set forth below.
1. Any appeal submitted by the applicant must be in writing and must be filed with the
City Clerk no later than 10 business days after the filing of the above-mentioned'
decision. An appeal submitted by an aggrieved party, other than the applicant, must
be in writing and must be filed with the City Clerk no later than 10 business days
after construction work pursuant to an approved Certificate of Appropriateness,
Certificate of No Material EffeCt, or Certificate of Economic Hardship is observable
from adjacent properties or the public right-of-way or 10 business days after an
alleged violation of this Article is similarly observable.
2. The City Council or Board of Adjustment, as applicable, shall, within a reasonable
time, hold a public hearing on the appeal, give the public notice as required by State
law, as well as provide written notice to the applicant and to the appellant, if different
from the applicant, and decide the appeai within a reasonable time.
3. In deciding such appeal, the City Council or the Board of Adjustment, as applicable,
shall consider whether the Commission has exercised its powers and followed the
guidelines established according to this Title, and whether the Commission's action
was patently arbitrary or capricious.
4. In exercising the above-mentioned powers the City Councilor the Board of
Adjustment, as applicable, may in conformity with the provisions of this Article or
ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or
modify, wholly or partiy, the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination as ought to
be made, and to that end shall have all the powers of the Historic Preservation
Commission.
~
\
~
~R3
~. C)s--c,~ ~\.o
CSG d-<64 ~ 3\ 1
----- ---
14-8E-3 Certificate of Economic Hardshi
A. Initiation of Review
After receiving written notification from the Commission of the disapproval ofa Certificate
of Appropriateness, the owner of record may apply for a Certificate of Economic Hardship.
B. Submittal Requirements
1. Applications for a Certificate of Economic Hardship must be filed with the Department
of Planning and Community Development on application forms provided by the City.
2., Supporting materials must be submitted as specified on the application form. In'the
application, the owner must provide evidence that the approval criteria for a
certificate of economic hardship as set forth in Article 14-3B, Historic District and
:( f' < ~~ _ _ Con~_,:,~~o'2-_~:.t."ict.~e~a~,,:,,e met.: ___,_ ~ _ _ '^ , - '-;'_ - ~
~ 3. The owner must in good faith consult with the Historic Preservation Commission, ,\,
local preservation groups and interested parties in a diligent effort to seek an
aiternative that will result in preservation of the property. Documentation of such
effort must be presented to the Commission.
C. Approval Procedures
1. The Historic Preservation Commission will hold a public hearing on the application for
the Certificate of Economic Hardship within sixty (60) days following receipt of a
cOmplete application and ail information requested by the Commission.
2. The public hearing will result either in approval or denial of the application for a
Certificate of EConomic Hardship. The Commission will issue a written decision
setting forth the factual basis for the decision and vote of each member participating
therein. The written decision will be issued; signee by the Chairperson or designee
and be transmitted along with the application to the Building Official and the City
Clerk. If the Commission finds that unreasonable economic hardship exists, a
Certificate of Economic Hardship will be issued, specifying the material changes that
are authorized thereto. '
3. For the purpose of developing alternative solutions to the economic hardship, the
Historic Preservation Commission may consult with professional architects, engineers,
contractors, realtors, appraisers or other consultants that have expertise in the
rehabilitation, repair, maintenance and value of historic properties. If the
Commissloir chooses to use said consultation, the Commission may delay issuing any
'certificate for a period of 90 days.
CHAPTER 9. DEFINITIONS
ArtiCle A. General Definitions
,
Except when alternate ,definitions apply as specified in Articles B through F of this Chapter, the
following definitions shall apply to terms used in this Title. Descriptions and definitions of land
use categories are set forth in Articie 14-4A, Land Use Classification; although, where it is
deemed necessary for clarification, more specific definitions of certain land use category
subgroups and specific land uses are defined below.
ABUT/ ABUmNG: Contiguous; having a common boundary, wall, or property line.
ACCESS: The place, ,means or way by which pedestrians or vehicles have ingress and
egress to a property or parking area.
ACCESSORY APARTMENTS: A temporary accessory dwelling ,unit located within an
owner-occupied, single-family home or in an accessory building and meeting the
requirements of this Title. '
ACCESSORY BUILDING/USE/STRUCTURE: A building, structure, or use which:
a. is subordinate to the principal use of the property and contributes to the
comfort, convenience or necessity of occupants, customers, or employees of the
principal use; and
b. is under the same ownership as the principal use or uses on the property; and
~~~
~
"
.
~~-~
~ . ~s - <4. \ 1\.\0__ ~G- ~~\ ~\l
does not include structures, structural features, or activities inconsistent with
the uses to which they are accessory; and
Except'for off-street parking located on a separate lot as approved through a
special exception, is located on the same lot as the principal use or uses to
which it is accessory.
ADDmON: An extension or increase in floor area or height of a 'building or structure.
AOULT BUSINESS USE: See "Aduit Business Use" as defined in Article 14-4A, Land Use
. Classification.
ADULT DAYCARE: An organized program of short-term supportive daycare in a group
environment for adults who need supervision, assistance or both. Services may
include, but shall not be limited to, nursing and rehabilitative services, personal care,
transportation services, social or recreational activities and preventative or restorative
services. See "Daycare" as defined in Article 14-4A, Land Use Classification.
AISLE: A permanent, durable surface connected directly to a parking or loading space and
designed to permit ingress or egress of a vehicle. An aisle is not the same as a drive
c.
d.
(See DRIVE/DRIVEWAY).
I
AGRICULTURE USE: See "Agricultural Uses" as defined in Article 14-4A, Land Use
, Classification.
ALLEY: An open public way intended for use as a means of vehicular access to abutting
property .
ALTER/ALTERATION: A structural alteration, enlargement or remodeling of a building or
the moving of a building from one location to another.
ANIMAL-RELATED COMMERCIAL USE: See "Animal-Related Commercial Use" as '
defined in Article 14-4A, land Use Classification. ,
APARTMENT HOUSE: See "Household Living, Multi-Family Uses" as defined in Article 14'
4A, Land Use Classification.
ARTERIAL STREET: See STREET, ARTERIAL
ARCADE: A continuous, covered passageway parallel to and open to a street, private Or
public open space, or building, and typically accessible and open to the public.
ASSESSED VALUE: The valueof reai property as established by the City Assessor. It is
the value upon which the next fiscal year's real estate taxes are based.
AVIATION-RELATED USE: See "Aviation-Related Uses" as defined in Article 14-4A, Land
Use Classification.
BALCONY: A covered or uncovered platform area projecting from the wall of a building,
'enclosed by a railing, accessible from above grade and not attached to the ground.
BASEMENT: A portion of a building located partially underground but having 3.5 feet or
more of its floor-to-ceiling height above grade. A basement is counted as a story for ,~
the purpose of height and setback regulations.
BASIC UTILITIES: See "Basic Utility Uses" as defined in Articie 14-4A, Land Use
Classification.
BED AND BREAKFAST HOMESTAY: An accessory use within an owner-occupied single-
family or duplex dwelling unit, In which no more than 3 bedrooms are provided to
guests who stay for periods not to exceed 14 consecutive days.
BED AND BREAKFAST INN: An accessory use within an owner-occupied single-family or
duplex dwelling unit with a maximum of five bedrooms provided to guests who stay
for periods not to exceed 14 consecutive days.
BOARD OF ADJUSTMENT: A quasi-judicial board, the creation of which is authorized by
the Code of Iowa, as amended. The Board of Adjustment is authorized to grant
variances and special exceptions and is authorized to hear appeals of adniinistrative
decisions of the City Manager or designee in the enforcement of this Ti~e or of any
ordinance adopted pursuant thereto.
BUILD: To construct, assemble, install, convert, enlarge, reconstruct or structurally alter a
building or structure.
r:{8-S'"
~. ()c:)- ~ \ ~l.o
~O~~O~ ~ ~\\
BUILDABLE AREA: The area remaining on a lot after the minimum open space
requirement for setbacks has been met.
BUILDING: Any structure with a roof and designed or intended to support, enclose, .-
-
shelter or protect persons, animals or property. ,< ,-
.-
BUILDING, OETACHED: A building that is not connected to another building.
BUILDING AREA: The area of a building within its largeSt outSide dimensions, computed
on a horizontal plane at the first fioor level, exclusive of open porches, breezeways,
terraces and exterior stairways. .
BUILDING COVERAGE: The amount of iand covered or permitted to be covered by
building area, usually measured In terms of lot percentage.
BUILDING HEIGHT: The vertical distance from grade to the roofiine. (See definitions of
Grade and Roofiine, below.)
, .
BUILDING UNE: The front setback line as specified for principal buildings.
BUILDING OFFICIAL: The City employee designated to enforce this Title.
BUILDING PERMIT: Official certification that a proposed improvement complies with the
provisions of this Title and other applicable ordinances. A building permit is required
for new construction, 'demolition, and for alterations or additions to existing
structures, prior to commencement of construction or demolition. (See Ti~e 17:
Building and Housing)
;., _ CELLA!!, ~p.or!io.!! of a_building-'ocated~partially Qr2Yh91Iy~uD\:tergr.ound..and"havingJess,
than 3.5 feet of its fioor-to-ceiling height above grade. A cellar is not counted as a
story for the purpose of height and setback regulations.
CERTIFICATE OF OCCUPANCY: Official certification that a premises conforms to
provisions of this Title.and other applicable ordinances and may be used or occupied.
A certificate of occupancy is granted upon completion of new construction or
completion of alterations or additions to existing structures.
CHILDCARE CENTER: A nonresidential daycare use, which provides less than 24- hours-
per-day care or supervision for 12 or more children, and is licensed by the State. (See
"Daycare" as defined in Article 14-4A, Land Use Classification.)
CHILDCARE HOME: A daycare use that is accessory to a Household Living Use, which
provides less than 24-hours-per-day care or supervision in a residence for a
maximum of 16 children at anyone time. (See "Daycare" as defined in Article 14-4A,
Land Use Classification.)
CITY COUNCIL: The City Council of Iowa City, Iowa.
CITY: The City of Iowa City, Iowa.
COLLECTOR STREET: See STREET, COLLECTOR.
COLLEGES AND UNIVERSITIES: See "Colleges and Universities" as defined in Article
14-4A, Land Use Classification.
COMMERCIAL PARKING: See "Commercial Parking Uses" as defined in Article 14-4A,
, Land Use Classification.
COMMERCIAL RECREATIONAL USE: See "Commercial Recreational Uses" as defined in
Article 14-5A, Land Use Ciassification.
COMMUNICATIONS/BROADCAST TOWER: A structure that is intended to support .
equipment used to transmit or receive telecommunications signals. Examples of such
towers include monopoles and lattice steel structures. (See Communication
Transmission Facilities as defined in Article 14-4A, Land Use Classification)
COMMUNICATIONS TRANSMISSION FACILITY USES: See "Communications
Transmissions Facility Uses" as defined in Article 14-4A, Land Use Classification.
COMMUNITY SERVICE USE: See "Community Service Uses" as defined in Article 14-4A,
Land Use Classification.
CONFINEMENT FEEDING OPERATIONS: One or more roofed, or partially roofed,
enclosures intended to confine animals for feeding and growth prior to siaughter and
"
which are designed to contain liquid or semHiquid animal waste.
~(,
\?cj d5~ 1[ <r\ 3\1
~. ~s- -L\\\? \0
CONSERVATION DISTRICT: See Section 14-3B-2, Conservation District Overlay for a
detailed definition of a conservation district.
CONSIGNMENT STORE: A retail establishment engaged in selling used merchandise,
such as ciothing, furniture, books, shoes or household appliances, on consignment; or
a retail establishment engaged in selling donated used merchandise w,bictl'is
operated by an organization granted Federal tax exemption pu~uant to section
SOl(c)(3) of the Internal Revenue Code, as amended. Merchandise is brought to the
establishment and processed by marking, cleaning, sorting and storing as a major
part of the principal use. Such stores do not include those selling vehicles, auto parts,
scrap or waste.
. CONVERSION: Any change from one principal use to a principal use in another use
category. Conversion also includes any change from one principal use to another
, principal use in a different use category subgroup. For example, it is considered a
conversion if the use of a site is changed from a Single Family Use to a Multi-Family
Use or if a Sales-Oriented Retail Use is changed to a Repair-Oriented Retail Use.
COTTAGE INDUSTRY: A firm that manufactures and/or assembles goods that are
intended for on-site sales to the general public for personal or household
consumption. The goods may also be sold at wholesaie to other outlets or firms, but
on-site, retail sales is a significant component of the operation. The manufacturing
component for such a firm is small In scale. Size limitations may apply to such uses in
commercial zones to keep the uses in scale and character with surrounding land
uses.
CREMATORIUM/CREMATORY: A furnace or establishment for the cremation of
corpses. Crematoriums for human corpses are sometimes established as accessory
uses to a cemetery, mortuary, funeral home, or hospital; however, if established as a
,
principal use on a property, will be considered a Personal Service-Oriented Retail Use
for purposes of this Title. Crematoriums for pets are sometimes established as an
accessory use to a cemetery, mortuary, funerQI home, or veterinary clinic; however, if
established as a principal use on a property, wili be considered a General Animal- ~
Related Commercial Use for purposes of this Title.' '
CUL-DE-SAC: See STREET, CUL-DE-SAC.
DAYCARE: See "Daycare Uses" as defined in Article 14-4A, Land Use Classification.
DECK: A covered or uncovered platform area abutting the wall of a building, accessible at
or from above grade and attached to the ground.
DENSITY, GROSS: The number of dwelling units per unit area of land, usually eXpressed
as dwelling units per acre. .
DESIGN REVIEW DISTRICT: An area designated by the City Council that contains
contiguous parcels of real property, the built portions of which:
(1) Are expressive of the defining architectural and other physical and aesthetic
properties that give evidence to the physical traditions of Iowa City and/or unique
features of the area; or
(2) lack any defining physical or aesthetic qualities but constitute areas in which the
City wishes to establish such qualities.
DETENTION FACILITIES: See "Detention Facilities" as defined in Article 14-4A, Land
Use Classification.
'DEVELOPMENT/DEVELOPMENT ACTIVITY: Any human-made change to improved or
, , unimproved property, including, but not limited to, placement of manufactured
1'J ~" housing, buildings or other structures, construction, demolition, ciearing, mining,
dredging, filling, grading, paving, excavating or drilling. Development activity does
b_'io,not include transfer of ownership.
DISABILITY/HANDICAP: With respect to an individual person, a verifiable physicai or
mental impairment that substantially limits one or more of such person's major life
activities and'is expected to be long continued and of indefinite duration.
~'67
______~. as - '-\\1\0______ ______ ~G-' ~~ ~ ~ 3\l
DOWNZONING: A change in the zoning classification of landto a classification permitting
less intensive or iess dense development, such as from a mUlti-family zone to a single
family zone or from a commercial or industrial zone to a residential zone.
DRIVE/DRIVEWAY: An permanent, durable surface designed to provide vehicular
access from a street to a lot or to provide vehicular access between different parts of
a lot or parking area. With regard to parking areas, a drive is not the same as an
aisle (See AISLE, above).
. DWELLING: A building wholly or partially used or intended to be used for residential
occupancy.
DWELLING, DETACHED SINGLE FAMILY: A Single Family Use that is not attached to
any other'dwelling unit. (See Single Family Use as defined in Article 14-4A, Land Use
'- "Classification.)
DWELLING, DUPLEX: A Two Family Use as defined in Article 14-4A, Land Use
, ~Qassification.
DWELLING, FARM: A Detached Single Family Dwelling located on a farm and occupied
by the family that maintains and operates, owns or leases the farm on which the
dwelling is located.
DWELLING, MULTI-FAMILY: See Multi-Family Uses, as defined in Article 14-4A, Land
Use Classification.
~
DWELLING, SINGLE FAMILY: See Single Famiiy Uses, as defined in Article 14-4A, Land
Use Classification.
DWELLING, ZERO LOT LINE: A Single Family Use with one or more walls located on a
side iot line that is not a street or alley right-of.way line. Zero Lot Line Dwellings may
be attached or detached. (See Single Famiiy Uses as defined in Article 14-4A, Land
Use Classification.)
DWELLING UNIT: Any habitable room or group of adjoining habitable rooms located
within a dwelling and forming a single unit with facilities used or intended to be used
.by one household for living, sleeping, cooking and eating meals. Multiple dwelling
units exist if there is more than one meter for any utility, more than one address to
the property, more than one kitchen; and/or if there is a lockable, physical separation
, between rooms within the dwelling unit such that a room or rooms on each side of
the separation could be used as a dwelling unit.
DlIVE~LING UNIT, EFFICIENCY: A dwelling unit within a ~ulti-Famiiy Use consisting of", '
, -one principal room, in addition to a bathroom, hallway and closets, which 'Serves as" -
the occupant's living room and bedroom. The kitchen may be located in this principal
room or may be iocated in a separate room.
EASEMENT: A right given by the owner of land to another person or persons for specific
limited use of that land, e.g., to allow access to another property or for utilities.
EATING AND DRINKING ESTABLISHMENTS: See "Eating and Drinking
Establishments" as defined in Articie 14,4A, Land Use Classification.
EDUCATIONAL FACILmES, GENERAL: Elementary and secondary schools below
university grade (ordinarily grades one through 12), including denominational and
sectarian schools, kindergartens and military academies. (See Educational Facilities as
defined in Article 14-4A, Land Use Classification.)
EDUCATIONAL FACILmES, SPECIALIZED: Schools'primarily engaged in offering
specialized trade, business, or commercial courses, but not academic training. Also
specialized nondegree-granting schoois, such as music schools, dramatic schools,
dance studios, martial arts studios, language schools and civil service and other
short-term examination preparatory schools. (See Educational Facilities as defined in
Article 14-4A, Land Use Classification.)
ELDER: A person at least 55 years old.
,ELDER APARTMENT HOUSING: A Muiti-Famiiy Use intended for use and occupancy by
0" . elders and persons with disabilities.
ELDER FAMILY HOME: A Group Household that is managed or owned by a responsible
"". .. : . party' and offers a social living arrangement for at least 2, but for no more than 8
, persons living in the residence, the majority of whom are elders, who are essentially
r~n~~I~ of phy~-care.
~&'O
, J
-~-
---------,---
~-ClS~\~~
Ga. ~~\ ~ 3\1
ELDER GROUP HOME: A Group Househoid that is the residence of a person who is .
providing room, board and persona' care for up to five elders who are not related to
the caregiver. Personal care in this case means assistance with the essential activities
of daily living which the recipient can perfonm personally only with difficulty, and may
include bathing, personal hygiene, dressing, grooming and the supervision of self-
. administered medications, but does not include the administration of medications.
,
'IElOERi. Y HOUSING: A Multi-Family Use, Group Household Use, or Group Living Use
9bub"intendea'for use andoccupa(\C'f by elders and persons with disabilities. '
200QD )'1.',:1 .r:',-;'...., _l " 1 . -r . .
10',~t.I!,A~GEMENT/EXPANSION: An increase in the volume of a building, an increase in
the area of land or building occupied by a use, an increase in the number of
bedrooms within a dwelling unit or an increase in the number of dwelling units. For
non-reSidential buildings an increase in the occupancy load of a building is considered,
an enlargement/expansion. For Group Living Uses, any alteration that allows an
increase in the number of residents is considered an enlargement/expansion.
EXTRACTJON USE: See "Extraction Uses" as defined in Article 14-4A, Land Use
Classification.
FAMILY: One person or 2 or more persons related by blood, marriage, adoption or
placement by a governmental or social service agency, occupying a dwelling unit as a
single housekeeping organization. A family may also include the following:
. Two, but not more than two persons not related by blood, marriage or a90ption;
or
. Up to eight persons with verifiable disabilities, as defined by the Fair Housing
. . 'Amendments Act of 1988, who are occupying a dwelling unit as a single
housekeeping organization. '
-
, FAM~L Y CARE HOME: A type of Group' Household, such as a residential care facility, a
child foster care facility, a supervised apartment living arrangement or other small
group residential arrangement for not more than eight persons with. verifiable
disabilities, as defined by the Federal Fair Housing Act, as amended, that are '
occupying a dwelling unit as a single housekeeping unit. Certain types of family care
homes may require a government license or approval and may provide room and
board, personal care, rehabilitation services, and supervision by counselor(s) or a
resident family. An individual foster care family home licensed under Chapter 237 of
the Code of Iowa, as amended, is not considered a family care home; such a living
arrangement would be considered a "family" under this Title. Alternatives to
incarceration, such as halfway houses, where residents of the facility are placed by
order of the court and are under 24-hour supervision of empioyees or contractees of
the Iowa Department of Correctioris, are classified under this Title as Detention
Facilities and not as family care homes.
FARM: An area of not less than 10 acres for which the principal use is growing farm
products, such as vegetables, fruits and grain, for sale and storing those products on
the iand. The term "farm" includes the necessary accessory uses and buildings for
treating and storing the food produced.
FEEDLOT: An lot, yard, corral or other area where livestock are confined, primarily for the
purposes of feeding and growth prior to slaughter. The term does not include areas
which are used for raising crops or other vegetation or upon which iivestock are
allowed to graze.
FLOOR AREA RATIO (FAR): The numerical value obtained by dividing the floor area'
within a building or buildings on a iot by the area of such lot. The floor area of a
basement or cellar is not included in this calculation.
FLOOR AREA: The total area of all fioors of a building, or a portion of a building, ,
measured to the outside surface of exterior walls or to the center line of walls of
attached buildings or uses. Floor area includes all space within the building, including
space In the basement or cellar, if such space is used for a principal or accessory use.
However, fioor area does not inciude the area of garages, porches, balconies and.
other appurtenances. Floor area of basements and cellars is excluded from the ..
caiculation of FAR (See FLOOR AREA RATIOt '
....
r
.f
.
~g1
C?a_ ~ "\CJ _~ ~ \,\
~--- - -.-------...- .... ~ --- , \
fRATERNITY ISORORITY: A Fraternal Group Living Use used as a residence and as it .
center for activities and operations by a chapter of a nonprofit fraternity or sorority
recognized by a College or University, as defined in Article 14-4A, Land Use
Classification. This definition does not include a rooming house.
FRONTAGE: The distance as measured along a right-of-way line from one intersecting
street to another, from one intersecting street to the end of a dead-end street or
from one intersecting street to the end of a cul-de-sac.
\ /
\ I
\ I
~. a::s- - L\. \ ~\c
l
I
_FRONTAGE_
/
/
/
I
I
I
\
\
\
FUNERAL HOME: A Personal Service-Oriented Retail Use where the deceased are
prepared for burial, funerals are conducted, and which provides for viewing of the
deceased. Funeral homes may include crematoriums as an accessory use subject to
compliance with any State or Federal regulation. .
GARAGE, PRIVATE: An accessory building that is used primarily for storing motor
vehicles and which is under the control of and used by the occupants of,the principal
building on the site.
GRADE (Adjacent Ground Elevation): The average point of elevation of the finished
surface of the ground, paving or sidewalk within the area between the building and
the property line or, when the property line is more than five feet from the building,
between the building and a line five feet from the building. When the finished surface
of the ground has been raised by adding fill to create a higher grade around a
building for determining the building height or number of stories, the slope of the fill
within 20 feet of the building shall not exceed 4 horizontal to one vertical or 2S
percent.
GROUND FLOOR/FIRST FLOOR: The lowest fioor of a building having its floor-to-
ceiling height at or above the grade.
GROUP CARE FACILITY: An Assisted Group Living Use that is government licensed or
approved and that provides services in a residential setting to more than eight
individuals, not inciuding resident staff. These individuals are persons with one or
more disabilities, as defined by the Federal Fair Housing Act, as amended, who are in
need of adult supervision and who are provided services in accordance with their
individual needs. This definition also inciudes facilities, such as nursing homes, that
provid~ residential services and skilled care to convalescents or the elderly.
GROUP HOUSEHOLD:A family care home, elder family home, or elder group home, as
defined in this Title, wherein a collective number of indivic;luals live together in one
dwelling unit as a single housekeeping unit, where the relationship between the
individuals is of a regular and permanent nature and 'has a distinct domestic'
character, similar to 11 family.
GROUP UVlNG USE: See Group Living Uses as defined in Article 14-4A, Land Use
Classification. Group Living Uses include Assisted Group Living Uses, Independent
Group Living Uses, Fraternal Group Living Uses.
GUEST: An individual who shares a dwelling on a temporary basis for not more thim 30
days in any given calendar year; or, a person who stays in a Hospitality-Oriented
Retail Use.
GUEST HOUSE: A small Hospitality-Oriented Retail Use containing 9 or fewer bedrooms
providing lodging for guests, which is licensed as a hotel by the State and subject to
City inspection and compiiance with the IOIYa City Housing Code.
HEDGE: A boundary formed by a row of closely planted shrubs or bushes. l
HISTORIC DISTRICT: See definition of Historic Districts in Section 14-38-1, Historic
District Overlay Zone.
,
.,
.
.
L
~
<'
l
\
"
)
.
--~.:--~
~
I \
::t <t 0
, ~
I,
'-
~. OS""- l--\.\~\o
~O' ~~~, 3n
.;.,...........,..---
HISTORIC LANDMARK: See definition of Historic Landmark in Section 14-3B-1, Historic
District Overiay Zone. ' " -, ,
HOME OCCUPATION: An accessory use consisting of an occupation or profession Carried
on by a person residing on the premises.
HOSPITAL: See "Hospitals" as defined in Article 14-4A, land Use Classification.
HOSPITALITY-ORIENTED RETAIL USE: See "Retail Use, Hospitaiity-Oriented," as
defined in Article 14-4A, Land Use Classification.
HOTEL: A Hospitality-Oriented Retail Use that is licensed by the State and occupied and
used principally as a place of lodging for guests. Hotels mayor may not provide
meals and there are usuaiiy no cooking facilities in the guest rooms.
HOUSEHOLD:
In the ID, RR-1, RS Zones, RNS-12, RM-1'2, MU, and eN-l Zones a Household is
defined as:
. One person; or
. 2 or more persons reiated by blood, marriage, adoption or placement by a
governmental or social service agency plus up to 1 unrelated person, occupying a
dwelling unit-as a sin~ie housekeeping organization; or
. a group of not more than 3 persons unrelated by blood, marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or
. A group of persons that meet the definition of a Group Household, as define9 ,in
this Title.
In the RNS-20, COol, and RM-20 Zones a Household is defined as:
. One person; or
. Two or m~re persons related by blood; marriage, adoption or placement bya'
governmental or social service agency plus up to 2 unrelated persons, occupying
a dwelling unit as a single housekeeping organization; or
. a group of not more than 4 persons unrelated by blood, marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or ' ,.
. A group of persons that meet the definition of a Group Household, as defined in
this Title.
In the RM-44, PRM, CC-2, CB-2, CB-S, and CB-lO Zones, a Household is defined as:
. One perso,n; or
. Two or more persons related by blood, marnage, adoption or placement by a
. governmental or social service agency plus up to 3 unrelated persons, occupying
a dwelling unit as a single housekeeping organization; or
. a group of not more than 5 persons unrelated by blood, marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or
. A group of persons that meet the definition of a Group Household, as defined in
this Title.
. ,.
HOUSEHOLD LIVING USE: See "Household UYing Uses" as defined in Article l4-4A,
Land Use Classification.
JNDUSTRIAL SERVJCE USE: See "Industrial Service Uses" as defined In Article 14-4A,
Land Use Classification.
KENNEL: An establishment where smaii animals are bred, raised, trained, groomed, or
boarded for compensation, sale or other commercial purposes.
UVESTOCK: Cattle, sheep, swine, poultry and other animals or fowl that are produced
primarily for use as food or food products for human consumption.
, LOADING SPACE, OFF-STREET: Space logically and conveniently located and designed
for bulk pickups and deliveries and accessible to delivery vehicles from aisles.
LOCAL STREET: See STREET, LOCAL
,
.
\
\
.
. ",f
r.-"-
:), Cf I
\?O' ~T~ ~ 3( I
- -- - "--
~ ' C)~ - '-\\ '8'\.0
LODGING HOUSE: See ROOMING HOUSE.
LONG-TERM CARE FACILITY: See GROUP CARE FAOLITY.
LOT: A plot, separate tract or parcel of land with fixed boundaries suitable for occupancy
by a use.
LOT, CORNER: A lot located at the intersection of two or more streets.
LOT, DOUBLE FRONTAGE: A lot having frontage on two parallel or approximately
parallel streets.
LOT, INTERIOR: A lot bounded by a street on only one side.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts the side of another lot.
.,"'"
""""
';
-,-,--T-i
I I ''''''''' I COR"" I
I F~-E.I LOT J LOT ! Iii
I cm L__I__J ~
I I I I
I I I~:OR I C~R I
I I I I
_L_.J_~.L_-.J
""'''
1----,-1-
I C=E~~T I INTERIOR 1
f-----...j co, I
I ""'.0" L_.l_
I cm I I
r-----i INTERIOR I
1 LOT
I =::~6T 1 I
L____L_~_
""""
LOT AREA: The total area within the lot lines of a lot, excluding any public or private
street rights-of way.
LOT COVERAGE: The percentage of the lot area covered by certain specified elements of
development. There are a number of lot coverage standards within this Title,
including building coverage standards, setback coverage standards, and standards
related to the amount of land that can be covered by accessory uses.
LOT DEPTH: The average horizontal distance between the front lot line and the rear lot
, , line or the distance between the midpoint of the front lot line and the midpoint of the
rear lot line. On a double frontage lot, lot depth is the average horizontal distance
between the two parallel or approximately parallel front lot lines.
LOT FRONTAGE: The continuous width of a lot measured along the street right-of-w~y
line.
-.
~. .
STREET
lOT STReeT ROW LINE
FRONTAGE
. \ I_ .1 FRONTSET~L~
',~ ~ ),( / 1 LOT WIDTH 1 I
~,~,~~~-/~~,~,;;...-\~~.j ,- 1- -c-'--j ,- ~~-'
r- / I \ 1 I' 1
-"' /! \! ! 1
~~:z.
----(
~< as- _L\\ 'l~____- __ ,_ _~~ d,'\3 ~ 3 q
LOT UNE: A line oriented by stable points of reference which establishes one boundary of
'a lot.
LOT UNE, FRONT: A lot line separating a lot from the street right-of-way. On corner
lots, the front iot line is the shortest street dimension, unless the lot is square or
almost square, having dimensions at a ratio between three to two (3:2) and three to
, three (3:3). In that case, the front lot line may be along either street On double
frontage lots there are two front lot lines.
LOT UNE, REAR: The lot line opposite and most distant from the front lot line. In the
case of a triangular shaped lot, it is an imaginary line within the lot, 10 feet long,
parallel to and farthest from the front lot line. However, on a double-frontage lot
there is no rear lot line.
LOT UNE, SIDE: Any lot line that is not a street-side lot line, front lot line or rear lot line.
LOT UNE, STREET-SIDE: Any lot line that separates a lot from a public or private street
(not including alleys or private rear lanes).
\ "~RloTliNE I ",;;coru;;. I RE;;;HOTL'N~~\ \
I I, I lX"EAR lor L1N.
I \. I P
~ ~I I~ I~ I~ ~.,~
a ~I'o 0 15"
~ I~ I~ ~ ('~
~I r 1m 1m 1.\
. LF~L~~~NT~L~~O~T~~R~O~E~
STREET-SIDE LOT LINE STREET-SIOE LOT LINE STREET-SIOE LOT LINE STREET-SIDE LOT LINE
~-j,
'0.
STREET
,
, LOT WIDTH: The length of the front setibaclk line. On corner and double frontage lots,
the lot width is measured along the shortest street frontage, unless the lot is square
or almost square, having dimensions at a ratio between three to two (3:2) and three
to three (3:3). In that case, the lot width may be measured along either street.
MAIN ENTRANCE (TO A RESIDENTIAL USE): The primary entrance located on the
exterior wall of a building used by residents of a dwelling to gain access to their
dwelling unit. Such an entrance is typically located on a street-facing wall of the
dwelling. An entrance to a dwelling from a parking garage is not a main entrance. '
MANUFACTURED HOME: A Detached Single Family Dwelling which is manufactured or
constructed under the a'uthority of 42 U.S.C. Section S403, Federal Manufactured
Home Construction and Safety Standards, as amended, which is not constructed with
a permanent hitch or other device allowing it to be moved other than for the purpose
of moving to a permanent site and which does not have permanently attached to its
body or frame any wheels or axles. A mobile home constructed to the Federal
Manufactured Home Construction and Safety Standards, as amended, is not a
manufactured home unless it has been converted to real property and is taxed as a
site-built dwelling as provided in the Code of Iowa, as amended.
MANUFACTURED HOUSING PARK: A tract of land which has been planned and
improved for the placement of manufactured homes, mobile homes or modular
homes on leased lots.
MANUFACTURED HOUSING LEASE LOT: A plot of ground in a manufactured housing
park designed to accommodate one dwelling unit and which is leased to the owner or
tenant of the dwelling unit.
MANUFACTURING AND PRODUCTION USE: See "Manufacturing and Production Uses"
as defined in Article 14-4A, land Use Oassification.
)C-
:.{~-.s
. _..~.
---~-_._._~-
90, ~'1L\ ~ ~n
~\.. o~- 1.4\ '810
MOBILE HOME: Any vehicle without motive power used, manufactured or, constructed 50
as to permit its conveyance upon the public streets and highways and designed,
constructed or reconstructed 50 as to permit its use for year-round occupancy as a
dwelling. The vehicle must contain water supply, waste disposal, heating arid
electrical conveniences. Ii. mobile home is factory-built housing built on a chassis. A
mobile home shall not be construed to be a travel trailer or other form of recreational
vehicle. A mobile home shall be construed to remain a mobile home, subject to all
regulations appiying thereto, whether or not wheels, axles, hitch or other
appurtenances of mobility are removed and regardless of the nature of the
foundation provided. Mobile homes are classified as Detached Singie Family Dwellings
if converted to real property and taxed as a site built dwelling, as provided in the
Code of Iowa, as amended, or if they are located within a manufactured housing park
approved through a Planned Development Overiay Rezoning process.
MODEL DWELUNG UNIT: A permanent structure within a residential zone, which is
primarily intended to be used as a dwelling unit, but which is temporarily being used
for marketing purposes as an example of other units to be built in the same
development. Model Dwelling Units are considered provisional Temporary Uses as set
forth in Article 14-4D, Temporary Uses.
MODULAR HOME: Any Detached Single Family Dwelling manufactured, in whole or in
components, at a place other than the location where it is to be placed; which is
assembled, in whoie or in components, at the location where it,is to be permanently
located; which rests on a permanent foundation or slab; which does not have wheels
, or axles affixed as a part of its normal construction; and which does not require a
licen,se by any agency as a' motor vehicle, speciai equipment, trailer, motor home or
mobile home. .
MOTEL: A Hospitality-Oriented Retail Use that is licensed by the State, usually located
along highways, occupied by and used principally as a piace of lodging for guests.
The term "motel" includes "motor hotel".
MIXED-USE BUILDING: A building that contains a mix of residential dweiling units and
commercial or institutional uses.
MUNICIPAL PARKING FACILITY: A Commercial Parking Facility owned and operated
by the City, and designed to accommodate the off-street parking of motor vehicles as
a capital Improvement. Such parking may be located in a structured parking facility, a
surface lot or a combination thereof.
NEAR SOUTHSIDE PARKING FACILITY DISTRICT: That area of Iowa City bounded
by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate
Railway Main Line on the south and Madison Street on the west, except for Blocks 10
and 21 of County Seat Addition; Lots Sand 6 of Block 13, County Seat Addition; Lots
3, 4, 5, the east SO feet of. Lot 6, and the south 40 feet of Lot 2, Block 11, County
Seat Addition; and Lots 10-lS, Lyon's First Addition.
NEIGHBORHOOD CENTER: A use owned and operated by a nonprofit organization, as
defined by section SOl(c)(3) of the Internal Revenue Code, as amended, providing a
place for social services, such as child care, supervised recreation, counseling referral
for children and adults or support groups for children and adults. Such services
should be intended primarily, though not exclusively, for those persons living within a
mile radius of the center. .
NONCONFORMING DEVELOPMENT: Nonconforming development is an element of a
development, such as a parking area, a loading area, outdoor lighting, landscaping,
screening, or signage that was established in conformance with the Zoning Code, but
which subsequently, due to a change in the zoning or to the requirements of the
Zoning Code, is no ionger in conformance with the current applicable standards.
NONCONFORMING LOT: A nonconforming lot is a lot of record that was established in
conformance with the minimum lot area, width, and frontage requirement of the,
Zoning Code, but which subsequently, due to a change in the zOne or the
requirements of the Zoning Code, is no longer in conformance with one or more of
these requirements.
."
'\
~9'-t
~\._ c;s-- 4\ ~\o
~o. ~'\S ~0\1
NON'CONFORMING RESIDENTIAL OCCUPA~ICv: -Nonconforriiing occupancy is the'
occupancy of a residential use that was established in conformance with the
occupancy standards of the City Code, but which subsequently, due to a change in
the zone, a change in the definition of "household," or any other change in the
occupancy standards of the City Code, is no longer in confurmance with the current,
applicable residential occupancy standards. .
NONCONFORMING STRUCTURE: A nonconforming structure is a structure or portion of
,~,~a'structure'thatcwas'established4fTronformance'with'the'setback;-buildirig-height~---
building width, and lot coverage standards, or other requirements or standards of the
Zoning Code that relate to the design of the building or structure, but which
subsequently, due to a change in the zone or to the requirements of the Zoning
Code, is no longer in conformance with one or more of these sta~dards.
NONCONFORMING USE: A nonconforming use is a use that when established was a
permitted use, was allowed as a provisional use, or was approved as a special
exception, but which subsequently, due to a change in the zone or to the '
requirements of the Zoning Code, is no longer ailowed. This definition includes
residential uses that exceed the allowable residential density of a zone (minimum lot
area per unit requirements) and uses that exceed the maximum floor area ratio or
maximum floor area standards specified for a particular use or zone.
, NURSING HOME: See GROUP CARE FAOUTY.
OFFICIALLY APPROVED PLACE: A private street permitted prior to 1984. Such streets
were established either by the City Council or by the Board of Adjustment as a
variance to the requirement that a lot front on a public street.
OPEN SPACE USE: See "Parks and Open Space Use," as defined in Article 14-4A, land
Use Classification.
OPEN SPACE, PRIVATE, SHARED: Open space, the use of which is shared by
occupants of an entire subdivision or planned development, but which is not
generally open to the public. Such open space is typically managed and maintained
by an owner's association.
OPEN SPACE, PRIVATE: Open space used by occupants of the dwelling unit or units on
one lot. Such open space and any private recreational facilities located therein are
considered an accessory use to the principal use of the property.
OPEN SPACE, PUBLIC: Open space that has been dedicated for public use or for which
an easement has been granted for public use.
OUTDOOR DISPLAY: Outdoor display includes the out"door display of products, vehicles,
equipment, and machinery for sale or lease. Outdoor display is an outdoor
showroom for customers to examine and compare products. There is variety or a
distinction among the goods on display, through different products, brands, or
models. The display area does not have to be visible to the street. Outdoor display
does not include goods that are being stored or parked outside. It does not include
damaged or inoperable vehicles, vehicles or equipment being serviced, bulk goods
and materials, and other similar products. Examples of uses that often have outdoor
display are car and boat sales, and plant nurseries. See also,oUTDOOR STORAGE.
OUTDOOR STORAGE: Outdoor storage includes the outdoor storage of goods that
generally have little or no differentiation by type or model. The goods may be for
sale or lease, but if so, they are the type that customers generally do not inspect and
compare. Outdoor storage includes the storage of raw or finished goods (packaged
or bulk), including gravel; mulch; building materials, packin~ materials, salvage
goods; machinery, tools and equipment; and other similar items. Examples of uses
that often have outdoor storage are lumber yards, vehicle repair; tool and equipment
rental, bark chip ana gravel sales, salvage yards; and recycling processing facilities.
See also OUTDOOR DISPLAY.
OUTDOOR STORAGE AND DISPLAY-ORIENTED RETAIL: See "Retail, Outdoor and
Display-Oriented" as .defined in Article 14-4A, Land Use Oassification.
OVERLAY ZONE: A set of zoning requirements imposed in addition to those of the
underlying base zone. Development in overlay zones must conform to the
requirements of the overlay zone as well as those of the underlying base zone, unleSs
modifications to base zone requirements are approved as a part of the overiay
rezoning process.
~7S
_____~_ ,~_~ ~ 4 \ 'i'\o ~cr ~'\~ ~ 011
OWNER: The person holding fee simple or equitable title to the property.
PARCEL: See LOT.
PARKING AREA: An off-street facility intended and designed for the parking of more
than 4 motor vehicles. The parking area includes parking spaces, aisles, drives, and
landscaped islands and medians.
PARKING SPACE: A permanent, durable surface intended fur off-street vehicular
parking.
PARKS AND OPEN SPACE USES: See "Parks and Open Space Uses" as defined in Arti~le
14-4A, Land Use Classification.
l..,,~ . .'
PATIO: A covered or uncovered, surfaced outdoor living area located at grade, adjacent
, to and accessible from a dwelling.
, PEDESTRIAN-ORIENTED,: Pedestrian-oriented streets and developments are those that
are designed to provide a safe, comfortable environment for pedestrians. Important
elements include sidewalks that are separated and buffered from vehicular traffic
, with limited interruption from driveways; the provision of street trees and appropriate
. street furniture; and buildings that visually address the street with visible
entranceways and windows, and, in the case of commercial buildings, may include
awnings or canopies that protect pedestrians from the weather. Buildings with blank
facades along the street, long stretches of repetitive building designs, entranceways
that are difficult to find or identify, unscreened surface parking lots, and other
expanses of paving are contrary to a pedestrian-oriented design.
~~PE~F.:OR,f!tANCE.STAI\IPARD: Regulatory language ~ting' the minimum require~eni: 'or :.:2.
nl"the}1'!,~x,i~,y'~I,~1!9!:,~~~le.!.i!)1it on the effects or characteristics ~f a use. I,
, PERMmED USE: A principal use allowed in the zone in which iUs listed, subject to '
compliance with the dimensional requirements, development standards, and any .
other special requirement of the zone and the general requirements of this Title.
." '
PERSON: Any individual or group of individuals, corpo'ration, partnership, association or
any entity, including State and local governments and agencies.
PERSONAL SERVICE: See "Retail, Personal Service-Qriented" as defined 'in Article 14-4A,
land Use Classification.
l~iA~nNG AREA: An unpaved pervious area intended or used for the placement of a
:::i trj~ or other required landscaping elements. ,
PORCH: A covered :entrance to a building consisting of a platform area, with open or
'..;L..enclosed sides, projecting from the wail of a building.
,I .
P,REMISES: See LOT. '
--
PRIMARY STREET FRONTAGE: The frontage of a lot to which the address is assig~ed.
.t; -. ":J.",',__ l.,., '-','~", : .~ .' 'l'J ./1' .
PRINCIPAL BUILDING: A building containing the principal use.
,PRINCIPAL USE: The primary use of land or a structure as distinguished from an
accessory use, e.g., a dweliing is a principal U$E! on a lot in a residential zone, while a
garage or pool is an accessory use.
I,~ROJECTIONS (INTO SETBACKS): Parts of buildings, such as architectural features,
, which protrude into required setback areas. '
PROVISIONAL USE: A principal use allowed in the zone in which it is listed, subject to
compliance with the specific requirements mentioned with the use and all other '
dimensional and development requirements and special requirements, if any, of the
zone as well as the general requirements of this Title.
PUBUC RIGHT OF WAY: Property dedicated to public use and intended for the
movement of the public.
PUBUC UTILITY: A system owned and operated by a licensed public utility company or
by a railroad company. Such systems do not include those owned and operated by
the City of Iowa City or other governmental agency.
PUBUC VIEW, WITHIN: Visible from a public street, public sidewalk, public access
" . ,~~~ment,pr"ot~er public way,or from a, publiC park or other public open space'a~ea.
QUARRY: Land used for excavating stone or slate.
~'jh
~_aS-L\\'l19
C?~.~'\\ \ ~q
QUICK VEHICLE SERVICING USES: See "Quick Vehicle Servicing Uses" as defined in
Article 14-4A, Land Use Classification. '
REAL ESTATE SALES CENTER: A provisional temporary use consisting of an on-site
, 'office within. a model dwelling unit that is used as a real estate office fur the sale of
dwelling units or lots within the same subdivision or development in which the sales
center is located.
RECYCLABLE MATERIALS: Reusable materials including, but not limited to, metal,
, glass, plastic, cardboard, and paper products which are intended for reuse,
, remanufacture or reconstitution for the purpose of using the altered form.
"Recyclable materials" does ~ot include automobiles or other vehicles or machinery
and their components, structural steel materials and equipment, hazardous chemicals
or materials such as used motor oil and discarded automobile batteries, or -
biodegradabie materials such as yard waste,
RECYCLING PROCESSING FACILITY: A Waste-Related Use where recyclable materials
are collected, st6rEid;-and proces'sedfur'efficient-shipment;or,toan .end,user's -'~ - ~--'
spedfications, by such means as baling, briquetting, compacting, flattening, grinding,
crushing, sorting, shredding or cleaning, but,not by processes involvin~ heat for)A'l
melting, smelting or burning. A "recycling processing facility" does not include .
"salvage operations" as defined in this Title.
RELIGIOUS INSTlTunON: An Religious/Private Group Assembly Use primarily intended
to provide a place of assembly for the practice of religion, which has been granted a
Federal tax exemption as a section 501(c)(3) organization under the Internal
Revenue Code, as amended. For purposes of this Title, not all facilities, businesses,
and institutions owned and operated by a religious institution are categorized as
Religious/Private Group Assembly. (See "Religious/Private Group Assembly Uses",
"Educational, Facilities", "Hospital Uses", "Colleges and Universities" as defined in
Article 14.4A, Land Use Classification,)
RELIGIOUS/PRIVATE GROUP ASSEMBLY USE: See "Religious/Private Group
Assembly Uses" as defined in Article 14-4A, Land Use Classification.
,REMODEL/REPAIR: Any improvement in a building that is not a structural aiteration.
RESPONSIBLE PARTY: A person, who resides in and provides room and board'in an'
" . elder far1\i1y);<ime. The responsible party may be, but is not required to be, an elder.
RESTAURANT: An Eating and Drinking Establishment where the principal commercial
activity,is,the dispensing and consumption of prepared food and beverages.
Depending on the type of restaurant, food and beverages may be consumed on or off
the premises. (See "Eating and Drinking Establishments" as defined in Article 14-4A,
land Use Classification). '
RETAIL ESTABLISHMENT: See "Retail Uses" as defined in Article 14-4A, Land Uses
Classification.
REZONING: An amendment to the text of this Title, including any amendment or change
to any maps, graphic representations, or tables incorporated herein; and/or an
amendment to the Zoning Map, i.e., a change,in the zoning designation of a
particular parcel ~r parcels of land. OVerlay Rezonings are considered a type of
rezoning. .
ROOF: The top covering of a building constructed to shield the area beneath from the
, weather. nle"term "roof" includes the term "canopy".
I I:)I_)";U oJ\: ", ",
ROOFLINE: T~highest:point of the coping of a:flat roof, the deck line of a mansard roof
ZZ9niau6nth~':inidpOlnt be~een.the eaves and ridge of a saddle; hip, gable, gambrel. or ogee
11:.~;;'~f ^ '~roof:' :~.~. ~~. :: . ,..
ROOMER:' A resident of a Group Living Use. Staff, including live-in staff of an Assisted
Group Living Use are not considered roomers.
ROOMING HOUSE: Ariy dwelling, or that part of any dwelling, containing one or more
rooming units in which space is let by the owner or operator to four or 'more roomers.
A rooming house is categorized as Independent Group Living.
ROOMING UNIT: Any habitable room or group of adjoining habitable rooms that form a
single residential unit intended to be used primarily for living and sieeping, but not
for oooking, located within a Group Living Use.
~17
~c\:_:>''\z ~ 31\
SALVAGE OPERATION: See "Salvage Operations" as defined in Article 14-4A, land Use
Classification.
~ .as-L\: \..'is' <.0-
...-------.
9,SCREENING:Structuresand/or'plantings that obscure an area from pUblic view or from
~^,;, ';view of neighboring.properties.
SELF SERIiICEsTORAGE: See "Self Service Storage Uses" as defined in Article 14-4A,
Land Use Classification. '
SERVICE STATION: See "Quick Vehicle Servicing" as defined in Article 14-4A, land Use
Classification. .
SETBACK: The distance between a specified object, such as a building, and another .
point. Setbacks are usually measured from lot lines to a specified object. Unless
otherwise indicated, an unspecified setback refers to a building setback.
SETBACI( AREA: A required area on a lot unoccupied by structures above grade, except
for projections and specific accessory uses or structures allowed in such area under
the provisions of this Title. A setback area extends from the grade upward.
SETBACK (AREA), FRONT: The area on a lot between the street-side lot line(s) and the
front setback line.
l
. t-. . ~ ~
SETBACK (AREA), REAR: On an interior iot, the rear setback is the area extending from
one side lot line to another side lot line and between the rear setback line and rear
lot line. On a corner lot, the rear setback is the area extending from the side lot line
to the front setback line between the rear lot line and rear setback line. On a double
frontage lot there is no rear setback.
SETBACK (AREA), SIDE: Any setback area between a side lot line and a side setback
line that is not a front setback area or a rear setback area.
SETBACK LINE: The line beyond which a specified use, object, building or structure shall
not project, except as specified in th,is Title. ~,
SETBACK LINE, FRONT: A lirie drawn parallel to the street and as far back from th~
street as specified for the principal building, front setback. "
SETBACK LINE, REAR: Ii. iine drawn parallel to the rear lot line and as far forward from
" the rear lot line as specified for the principal building, rear setback. ,I
SETBACK LINE, SIDE: A line drawn parallel to the side lot line and as far from the side
lot line as specified for the principal building, side setback.
"
,
f'i
L
L
-'-:-T--'-i
"..,","' : I
/ I "
I I ~
----,
'1 ,,-', 'Front .
".' .~~, \
"'r 1 ' ,. ,,' , I
,"~%'~~ -,-...:...:.: -,-.J
.' , ..1 ~.' ,..'\ '
FronlLolLioe&..
SnelSicleLotUn~. STREET
FrontlotUne&
. Streels;deLctUr.e
- '~~~~.
,~,
,.-.
Une
S!~EET
~
""""
,,'
DOUBLE FRONTAGE LOT
INTERIOR LOT
-'
~1.\l'
~. as- -<-\.l'6\o
I L
_____~cS' ~'\\ ~ J( l
,
"\
.,
STREET FrootLolUne&
Sll'HlSidelolUne
-'I ~I-"~. ,"'~.wa. ,~, I
Setback --W~8ti<,
I I ~de LO~~~~ SOle 1(1 Line
r I ~ck~StreelSOd"lolLine
I I st~ #"- Jr
I '. i--'fll1,
I I '~'lm""'1 !
,~;,L~..J..,.:. _ _,-,-.J
. ,
KEY ."...
j!W/,/J Front setback area
..
- Side setback area
~ Rear setback area
" ..".
(~l' .
.=rr
I, . ~
." -.'
,.'
.. .
. CORNER LOT ..
r-
SHRUB: Any woody, perennial, bushy plant that branches into several stems or trunks at
" 'the base and is smaller than a tree. Shrubs are important features in permanent
landscape planting, being used for formal decorative groups, hedges, screens, and
background plantings, to which they contribute pattern, color, fragrance, or utility.
SPECIAL EXCEPTION: A principal or accessory use allowed in a particular zone only
upon showing that such use in a specified lecation will comply with all the general
and specific approval criteria for such a use as specified in this Title and as approved
by the Board of Adjustment. A special exception may also mean an adjustment or
waiver of certain zoning requirements ailowed in certain circumstances specifically
enumerated in this Title, subject to compliance with all the general and specific
approvai criteria for such an adjustment or waiver as specified in this Title'and as
approved by the Board of Adjustment.
STACKING SPACE: An permanent, durable surface designed to accommodate a motor
vehicle waiting for entry to part of a dev!!.!.oRrnent or use, such as a loadl!1g..Ql'~,.~~~\
, unloading area, drive-through, car wash, or ether auto-oriented use. . '.-
-.....
STOREFRONT: The ground level frontage of a building in which there is iocated a single
business directly behind the frontage. A building may have more than one storefront.
The length of the storefront is measured from the outside edge of the exterior walls
of the building, or if there are multiple storefronts located in a single building, frem
the centerline of the wall that separates the business from another business, public
area, or other area not occupied by the subject business.
STORY: The portion of a building included between the upper surface of any floor and the
, upper surface of the next floor above. The topmost story shall be that habitable:J:,
portion of a buiiding included between the upper surface of the topmost floor and the
ceiling above.
STREET, ARTERIAL: A street, the principai function of which is to provide for through', .
traffic and which is design~ to carry large volumes of traffic. "Arterial streets/as, '-.,-,
referenced in this Title, are those streets shown on the Iowa City Arterial Street Map "
as provided in Article 14-SC, Access Management Standards. 1: ,:,...
STREET, COLLECTOR: A street, the principal function of which, is carrying traffic from'
local streets to arterial streets. ".,.
STREEi;'CUL-DE-SAC: A local street terminating in a turnaround.
STREET, LOCAL: A street used primarily for access to abutting property and for moving
local traffic.' :.
"
, I
"
,
"
,
,
,
STREET, PRIV ATE: A way that is intended to afford a means of access to abutting lots
and for moving local traffic.'A private street is not owned or controlled by a
government entity.
, STREET, PUBLIC: A right-of-way, dedicated to and accepted for publiC use, which 'J,
affords a means of access to abutting property and a means of vehicular travel. A
public street is owned or controlled by a government entity.
STREET FURNITURE: Man-made objects other than buildings, which are part of the
streetscape. Examples include, but are not limited to, benches, litter containers;:
planting containers, sculptures, and bus sheiters. '
,
.
")1~
_ ___-"_ ~. CJS-(...H~~___~_~ \?c].3oo, 311
STREETSCAPE: The scene of a street or way composed of natural and man-made
'elements, Including buildings, paving, plantings, street furniture and miscellaneous
, structures.
STRUCTURAL ALTERATION: Any change in the configuration of the exterior walls,
" 'f6undationor roof of a building that results in an increase in the area, height or' .
'volume of the building.
STRUCTURE: Anything constructed or installed on the ground or which is attached to
something located on the ground. "Structures" include buildings, radio and TV
towers, sheds and permanent signs. "Structures" exclude vehicles, sidewalks'and
paving.
SUBSTANDARD LOT: See NONCONFORMING LOT.
SURFACE PASSENGER SERVICES: See "Surface Passenger Services" as defined in' .
Article 14-4A, Land Use Classification.
TOWNHOUSE: Attached Single Family Dweliings containing not less than 3 side-by-side,
, attached dweliing units (townhouse units) with each dweliing unit being located on a
separate lot.
TOWNHOUSE-STYLE APARTMENTS/CONDOMINIUMS: A Multi-Family Dwelling
" 'containing not less ttian 3 side-by-side, attached dweliing units, each with its own'
exterior entrance, and with all dwelling units locat~d on the same lot.
TRAc;:T: An' iibutti~~ group of lots developed for a use or uses which share common
facilities, e.g., off-street parking, loading and driveways. A "tract" shall be considered
a single lot in the application of the requirements of this Title.
TRANSIENT HOUSING: A Community Service-Shelter Use owned and operated by a
nonprofit organization, as defined by section 501(c)(3) of the Internal Revenue Code,
as amended, providing a temporary residence, for a period of not more than 90 days,
for persons in need of emergency shelter and temporarily unable to pay for housing.
(See. "Community Service-Shelter" as ~efined in Article 14-4A, Land Use
Classification.)
TREE: Perennial woody plant with a single main stem (the trunk or bole) from which
- ."
branches and twigs extend to form a characteristic crown of foliage. Trees are
important features in permanent landscape planting, being used to define street
, ,-, edges, to lessen heat island ~ffects through shading, and by contributing pattern,
,~ color and utility. Small trees generally attain a height at maturity of up to 50 feet.
Large trees generaily attain a height at maturity greater than 40 fleet. See the list of'
- ~. Recommended Trees for Iowa Oty, available through the City Forester's Office.
TRUCK TERMINAL FACILITY: A Warehouse and Freight Movement Use intended to
"- provide storage of truck trailers, and for the loading and unloading and temporary
storage of goods and materials.
UPZONING: Theopposite of downzoni~g. (See DOWNZONING.)
USE: A p~rpose or activity fur which land, structures, or a portion thereof, are designed,
occupied and maintained.
USE, ACCESSORY: See definition of Accessory Building/Use.
,.
USE, PERMmED: See definition of Permitted Use.
USE, PRINCIPAL: See definition of Principal Use.
USE, PROVISIONAL: See definition of Provisional Use.
UTILITY SUBSTATION FACILITY: An assemblage of equipment used fur the purpose
of changing the strength, volume, or configuration of the utility flow from a bulk
quantity to smaller quantities to be used in the local distribution system. Utility
substation facilities include, but are not limited to, electric substations, gas regulator
stations, telecommunications switching .and relay facilities, and water 'and sewer
pumps or lift stations., A utility substation facility is classified as a "Basic Utility Use"
for purposes of this Title.
VACATION: :rhe process by which the City discontinues the use of a street, ailey or
easement as a public way. '
J
1
,I
-I
006
__~~.:...OS-4\'il'i.o ......_~.. ~O._~OI ~ 3 q
VARIANCE: A means of granting a property owner relief from certain provisions of this
Title where, owing to special conditions, a literal enforcement of the provisions of the
Chapter will result in unnecessary hardship, and so that the spirit of the Chapter shall
be observed and substantial justice done. The authority to grant variances is vested
in the Board of Adjustment pursuant to the Code of Iowa, as amended.
VEHICLE: Every device in, on or by which any person or property is or may be
transported or drawn upon a street or highway. '
VEHICLE REPAIR USE: See ''Vehicle Repair Uses" as defined in Article 14-4A, Land Use
Classification.
VEHICLE STORAGE: A vehicle or portion thereof which is parked in the same position for
a period of 48 hours or more.
WAREHOUSE ANO FREIGHT MOVEMENT USE: See "Warehouse and Freight
Movement Uses" as defined in Article 14-4A, Land Use Classiflcation.
WASTE-RELATED USE: See "Waste-Related Uses" as defined in Article 14-4A, Land Use
Classification.
WHOLESALE SALES USE: See "Wholesale Sales Uses" as defined in Article 14-4A, Land
Use Classification.
YARD, FRONT: The area from one,side lot line to another side lot line and between the
- front lot line and a line drawn parallel to and flush with the plane of the front building
fa9lde of the principal building on a lot.
YARD, REAR: The area from one side lot line to another side lot line and between the
rear lot line and a line drawn parallel to and flush with the plane of the rear building
fa9lde of the principal building on a lot.
YARD, SIDE: The area on a lot bounded by the side fa9lde of the principal building on a
.,; ',Iot and the side lot line and between the front yard and the rear yard.
,.1'
Rear Lot Line
I
'~'/ .~...'~I
0',/ . ~ Rear yard
S~LotLln.. ~. % .
. '" I
.l,t....tr-.mi II .
Side Yard W DWELLING ~ Side yard
'_ lzi UNIT '1m1~
,". .
~~ ;&I,
i% ~
?__~/F..ntyard_ 0: ~F..ntyard
~_~. ,;~,.:,..,,_ ,n.'_'
".:s ==;='
"
Sidewalk
'---- Front lot line
....~- ~~. .r;
l ~~l:,
r
STREET
"
.
\
ZONI"!G CODE INTERPRETATION PANEL: A staff panel designated by the City
.,~ Manager to interpret the provisions of the Zoning Ordinance in such a way as to canry
out its intent and purpose.
"<
, ZONING MAP: The map delineating the boundaries of zoning districts, which, along with'
,rf; :C . the zoning text, comprises the Zoning Ordinance.
Article B. Historic Preservation Definitions
As used in Article 14-38, Historic District and Conservation District Overlay, the following
definitions shall apply. The General Definitions, contained in Article A of this Chapter, shall apply
to all terms used In Article 14-38 that are not defined below.
ARcHmcruRALL Y SIGNIFICANT: A term applied to features and components of a
building that indicates that the characteristics of a feature, material or component
contributes to a building's architectural style, unique character or aesthetic qualities.
CERTIFICATE OF APPROPRIATENESS: The document that is evidence of approval by
the Historic Preservation Commission or designated Historic Review body of a
,~ proposal to materially change a Historic Landmark or property located within a
Historic or Conservation District. A Certificate of Appropriateness must be obtained
before a Regulated Permit may be issued.
.:s (j I
~ .CJS" - '-i( ~lp
CERTIFICATE OF ECONOMIC HARDSHIP: The document, issued In lieu of a Certificate
of Appropriateness, that signifies that the owner is incapable of earning a reasonable
return or obtaining beneficia' use from a property due to the regulations of a Historic
or Conservation Overlay Zone.
CERTIFICATE OF NO MATERIAL EFFECT: The document, issued in lieu of a Certificate
of Appropriateness, that signifies that the work contemplated in the application will
have no effect on any significant exterior features of a Historic Landmark, or property
located within a Historic or, Conservation District. The certificate of no material effect
." evidences approval by the Historic Preservation Commission of a proposal to make
the change or changes proposed in the application.
CHANGE IN APPEARANCE: Any alteration, addition, demolition, new construction or
other material change that modifies the visual aspect of the exterior of a Historic
Landmark or property located within a Historic or Conservation District.
COMMISSION: The Iowa City Historic Preservation Commission, as established by.
;,. ,ordinance in accord with this adopted Article.
CONTRIBUTING PROPERTY: A property within a Conservation or Historic District that is
an integrai part of the historic context and chara~er of the said District.
DE~OLmON: Any act or process that destroys a structure or building or any
, architecturally significant component of a structure or building.
EXTERIOR FEATURES: The architectural style, general design and arrangement of the
:, ' exterior of a building, including the kind and texture of building material and the type
" and style of all windows, doors, roof pitch, eaves, trim and brackets, porches,
chimneys, signs and other appurtenant fixtures.
MATERIAL CHANGE: Any act that adds new materials, removes existing materials or
. otherwise modifies the exterior features of a property. Material changes include
alterations to the exterior of a building or structure, demolition of a building or
structure, demolition of a portion of a building or structure, additions to an existing
building or structure, and new construction on a property.
':fa .3~~ i 3\1
NATIONAL REGISTER OF HISTORIC PLACES (NRHP): A list of U.S. places of
significance'in American history, architecture, archeology, engineering and culture on
a national, state, or iocallevel and maintained by the U.S. Department of the
Interior.
NONCONTRIBUTING PROPERTY: Any property within a Conservation or Historic
District that Is not listed as a contributing property.
>1
~,
REGULATED PERMIT: A permit issued by the Building Official or other official of the
Oty, according to the provisions of the International Building Code, as amended,
Zoning Title, as amended, House Movers' Ordinance, as amended, or International
Fire Code, as amended.
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The basic
principles, as listed in the Federal Code of Regulations, for the rehabilitation of a
historic property and its site that provide for a property to be returned to a state of
utility, 'through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which are significant
to its historic, architectural, and cultural value.
, .
ArticleC. Sign Definitions
As used in Article 14-5B, Sign Regulations, the following definitions shall apply. The General
Definitions, contained in Article A of this Chapter, shall apply to all terms used in Article 14-SB
that are not defined below.
ADVERTISING SIGN: A sign displaying the type or name of a product, good or service
sold either on or off the premises on which the sign is located.
,so,
BANNER: A strip of flexible material, such as cloth, paper or plastic,
securely fastened on all corners to a building or structure and used to advertise a
special event.
BILLBOARD: An off-premises sign on which Poster panels or bulletins are mounted. For
purposes of this Title, billboard signs are not considered freestanding signs or
monument signs.
BUILDING SIGN: Any sign attached to a building or to an appurtenance of a building in
any way.
CANOPY SIGN: A building sign attached to or in any way
incorporated with the face or underside of a canopy,
marquee or any other similar building projection and
which does not extend beyond the projection by more
than 6 inches.
CHANGEABLE COPY ICHANGEABLE COpy SIGN: A sign, or
part of a sign, such as a
CANOPY ROOF SIGN: A building sign attached to or
incorporated with the roof of a canopy, marquee, or any
other similar buiiding projection.
CHANGEABLE COPY ICHANGEABLE COpy SIGN: A sign, or part of a sign, such as a '
reader board, where the copy is easily changed manually or by eiectronic means as
specified in Article 14-SB, Sign Regulations.
,;
COMMON SIGN: A sign that serves 2 or more uses.
CONSTRUcnON SIGN: A sign identifying the architects, engineers, contractors and
other individuals involved in the construction of a building or announcing the future
use of the building.
DEVELOPMENT SIGN: A sign designating the name of a development or subdivision
consisting of 2 acres or more.
DlREcnONAL SIGN: A sign designed to guide or direct pedestrian or vehicular traffic
and containing no advertising message.
DRIVE-THROUGH RESTAURANT MENU SIGN: A sign displaying a menu or similar
advertising for the purpose of allowing patrons of a restaurant to . --'-
order food at a drive-through facility. [~j
ELECTRONIC SIGN: A sign that displays a changing message L J I
- - ~oogh{he,uSe'of-an'electionicaHY'COntroJled'ilnd;lluminated --'-"' "" ,- 'j' ,
medium. An electronic sign Is considered an animated sign. I
FACIA SIGN: A Single-faced buiiding sign parallel to or at an angle of
not more than 450 from the wall of the building on which it is mounted.
Such signs do not eXtend more than one foot out from vertical walls nor
more than one foot out at the sign's closest point from non-vertical walls.
FLAG, PRIVATE: Any flag displaying the name, insignia, logo or emblem of
an individual or a profit-making entity.
FLAG, PUBUC: Any fiag displaying the name, insignia, emblem or logo of the
United States, the State of Iowa, the City, any other nation, state, or city,
or a nonprofit organization or institution.
FREESTANDING SIGN: A sign supported by one or more uprights or braces
--,.
~,tlS- -4 \ '8'lp
ANIMATED SIGN: Any sign or part of a sign which, through the use
of moving structural elements, flashing or sequential lights,
lighting elements, or other automated method, results in
movement, or the appearance of movement.
AWNING SIGN: A building sign placed on the surface of an awning.
BALlooN: An inflatable bag filled with gas or hot air and displayed in
such a way as to attract attention to the premises on which it is
located.
Q6_303 \ ~\\
"
.'):
CANOPY SIGN
.-
..~
0QJ
--.-
.~~. 3()'--\. ()-€. 3(
~r-- -__ .___ ___, '" 1
firmly and permanently anchored in or on the ground and not attached to
any building or wall.
FREESTANDING, WIDE-BASE SIGN: A freestanding sign in which the
uprights or braces are clad in a permanent material such that the entire
base has a monolithic or columnar line that maintains essentially the
same contour.
cY0-, CJ5' c Yt ~\o
FREESTAHI>>f<<i
WIDE-B.\5t
SIGN
.--
'GOING-OUT -OF-BUSINESS SIGN: A sign announcing a saie resulting from
the termination of a' business on the premises. .
GRAND OPENING,SIGN: See Special Events Sign.
HAZARDOUS SIGN: A sign which, because of its construction or state of
disrepair, may fall or cause possible injury to passersby, as determined
by the City; a sign which, because of its location, color, iiiumination or
animation, interferes with, obstructs the view of or is confused with any
authorized traffic sign, signal or device; or a sign which makes use of
the words "stop", "go slow", "cautfonfl, f1drive in", "dangerll or any other
word, phrase, symbol or character in such a way as to interfere with,
mislead or confuse traffic.
f\
IDENTIFICATION BANNER: A sign of canvas, nylon, or other durable
material that is permanently affixed to a light pole by structural
members on the top and bottom of the sign (or two opposite sides). ,crm
Identification banner signs may contain the name and logo of a shopping ,or business
center, or contain a seasonal or non-profit community event message. Identification
banner signs may not co~tain advertising or business-related event messages.
IDENTIFICATION SIGN: A sign displaying the name, address, crest, insignia or
trademark, occupation or profession of an occupant of a building or the name of any
building on the premises.
ILLUMINATEO SIGN: Any sign in which a source of light is used to make the m~ge
readable. An illuminated sign need not be an electronic sign.
INTEGRAL SIGN: A sign carved into stone, concrete or other building material or made
of bronze, aluminum or other permanent type of construction and made a part of the
building to which it is attached.
,
MARQUEE SIGN: See Canopy Sign.
MASONRY WALL SIGN: An identification sign mounted on the face or inset into a fence
or wall constructed of masonry materials. Such identification sign or set of two signs
shall identify one entity or one group of entities, such as identifying an office
research park or industrial park. '
MONUMENT SIGN: A permanent sign, not attached to a
building, which is mounted low to the ground and does not '
exceed 5 feet in height.
NONCONFORMING SIGN: A sign, other than a prohibited sign,
that does not comply with the regulations of the zone in which it is located by reason
of these or any other regulations adopted after the installation of the sign.
OBSOLETE SIGN: A sign or any portion of a support for that sign that advertises an
activity, business, product or service no longer conducted.
OFF-PREMISES SIGN: A sign that directs attention to a use conducted off the lot on
. ~
I
!
MONUMENT 1 '
SIGN [
;
which the sign is located. ~
ON-PREMISES SIGN: A sign with the primary purpose of identifying or directing
attention to the lot on which the sign is located.
PAINTED WALL SIGN: A sign painted directly on an exterior surface of a building other ;..-..J
than the windows.
PARAPET SIGN: A fascia sign installed on a parapet or a parapet wall.
PERMmED SIGN: A sign allowed in the zone in which it is listed, subject to compliance
with the requirements of the sign regulations.
:Soc;
~. CJ~-~\ 't\o
GO.30S-' <3-{ :3 n
, POLITICAL SIGN: A temporary sign promoting candidates seeking
public office, a poiitical issue or containing other election
information, such as "vote today". "Political signs" shall not be
considered off-premises signs.
PORTABLE SIGN: A sign not firmly and permanently anchored or
secured to either a building or the ground and not expressly
permitted in Chapter 5, Article B, Sign Regulations.
POSTER: A temporary sign on a card or sheet of paper, plastic or other similar material
, intended to advertise or publicize a product or event.
PROHIBITED SIGN: A.sign, other than a nonconforming sign, not permitted by this
Title.
Q
H-\
,
PROJECTING SIGN: A building sign extending
more than one foot out from the wall of the
building on which it is mounted. '
,< .... PUBLIC ART: Any work of art exposed to public
view from any street right of way which does
: not contain any advertising, commercial
symbolism, such as logos and trademarks, or
any representation of a product. .
PUBLIC PLACE: Any public street, way, place, aliey, sidewalk, square, plaza, or City
owned right-of-way, or any other public property owned or controlled by the City and
dedicated for public use.
PUBLIC SIGN: A noncommercial sign installed by or on the order or authorization of the
City or other public agency in the public interest. Such signs include, but are not
limited to, safety signs, zoning signs, memorial plaques, signs for structures or sites
of historical interest and all similar signs. '
QUICK VEHICLE SERVICING SIGNS: Signage which generally appears as an integral
part of the equipment accessory to automotive service stations'and other
establishments engaged in the dispensing of motor vehicle fuel or oil, including but
not limited to gasoline pumps, oil display racks and
portable tire racks. .
REAL ESTATE SIGN: A sign which advertises the sale, rental:
or lease of the premises or part of the premises on which
the sign is located, including open house directional signs.'
ROOF SIGN: A sign installed on or above a roof of a building ,
and affixed to the roof.
SEASONAL DECORATION: A display, which does not constitute a sign, pertaining to
recognized national, state or local holidays and observances.
SIGN: Any structure or medium, including its component parts, visible to the public from a
street or public right of way and used or intended to be used to direct attention to a
business, product, service, subject, idea, premises or thing. Signs shall not include
buildings Or landscaping. The term "sign" includes, but is not limited to, all reading
matter, letters, numerals, pictorial representations, emblems, trademarks, inscriptions
and patterns, whether affixed to a building or separate from a building. This
definition does not include public art, seasonal decorations and directional symbols on
paved surfaces.
SIGN FACE: The surface of the sign on which reading material, letters, numerals, pictorial
representations, emblems, trademarks, inscription or patterns are affixed.
SIGN WALL: The wall of a building on which a sign is mounted, including elements of the
wall or any member or group of members which defines the exterior boundaries of
the side of the building on which the sign is mounted and which has a slope of 4So or
greater with the horizontal plane. '
SPECIAL EVENTS SIGN: A sign announcing grand openings, philanthropic events,
events of nonprofit organizations or events of civic interest.
-
'-'SPINN'ER: A device shaped like a propeller and designed to' rotate'in the wind to attract,
attention to the premises on which it is located. .
sO;)
]?8~~
D~I
1/
/
~. os- -1....\.\ ~~
<s='o' 3b~ ~ .3( b
. ~ '_.0"__ "_."f........: '''''. ~ t\ .-
STOREFRONT PROJECTlNG SIGN: A building sign extending more than one foot out
from the wall of the ground-level floor of the storefront on which it is mounted that
functions as an identification sign. ~ ',' J '
SWINGING SIGN: A sign that, because of its design, construction, suspension or
attachment, is free to swing or move noticeably because of pressure from the wind.
TEMPORARY SIGN: A yard sale sign, temporary identification
sign or political sign constructed of temporary materials, such
as cardboard, wallboard or plywood, with or without a
structural frame, intended for a temporary period of display,
but excluding banners.
TIME AND TEMPERATURE SIGN: A projecting, identification
sign that shows the current time and temperature in an
electronic changeable copy format in a manner similar to the
illustration at right.
"
WINDOW SIGN: A building sign permanently affixed to a
window, embedded in a window or hanging adjacent to a window and 'obviously
c,n" intended to be viewed by the public through the window. This definition does not
include merchandise or product displays, posters, signs painted on windows and
V':', '. .temporary signs.
YARD SALE SIGN: A temporary sign advertising a yard sale or a garage sale.
'\
Article D. Outdoor Lighting Definitions
As used in Article 14-SG, Outdoor Ughting Standards, the following definitions shall apply. The '
General Definitions contained in Article A of this Chapter shall apply to all terms used in Article
i4-SG that are not defined below. ' '
BULB: The part of a fixture or luminaire that produces light.
I .
CUT-OFF FIXTURE: A luminaire that has a light distribution where the candlepower does
not exceed 2.5 percent of the lamp's rated initial lumen output at an angle of 90
degr~~labove;nadir, ~~d _d~ not exceed .~O per~en~ qf the l~rnP's rated, initial
lumen output at a vertical angle of 80 degrees above nadir. This applies to all'ateral
angles around the luminaire. ..'
FIXTURE: The assembly that holds the bulb in a lighting system. It includes the elements
designed to give light output control, such as a reflector (mirror) or refractor (lens),
the ballast, housing, and the attachment parts.
FULL CUT-OFF FIXTURE: A luminaire that has a light distribution where the
candlepower does not exceed zero percent of the lamp's rated initial lumen output at
an angle of 90 degrees above nadir, and does not exceed 10 percent of the lamp's
rated initial lumen output at a vertical angle of 80 degrees above nadir. This applies
to all lateral angles around the luminaire.
FULLY SHIELDED UGHT FIXTURE: A lighting fixture constructed in such a manner
that all light emitted by the fixture, either directly from the bulb or a diffusing
element, or indirectly by reflection or refraction from any part of the luminaire, is
projected below the horizontal as determined by a photometries.test or certified by
the manufacturer. Any structural part of the light fixture proyiding this shielding
must be permanently affixed.
GLARE: The sensation produced by a bright light source within the visual field that is
sufficiently brighter than the level to which the eyes are adapted as to cause
annoyance, discomfort, or loss in visual perfbrmance and visibility; blinding light. The
magnitude of glare depends on such factors as the size, position, brightness of the
source, and on the brightness level to which the eyes are adapted.
IESNA: The Illuminating Engineering Society of North America.
INVENTORY OF UGHTING: a list of bulbs indicating the bulb type, bulb wattage, and
initial lumens for each bulb and the manufacturer through which the rated lumens
can be determined.
UGHT TRESPASS: Light projected onto a property from a fixture not located on that
~Ob
~ . CJS' - L\. \ ~ \c
~~. 301 IT(. 3\1
property. In some cases, such as with multi-family or mixed-use development,
trespass can result from on-site fixtures projecting into residential portions of the
development.
LUMEN (1m): Measure of brightness of the illumination exiting a bulb, as provided by the
manufacturer.
LUMINAIRE: The complete lighting unit, including the bulb, the fixture, pole or armature
and other parts.
NADIR: The vertical line projecting downward to the ground from the center of the lens
of a luminaire.
NON-CUTOFF: A light fixture that does not cut off the upward transmission of light.
OUTDOOR UGHT OUTPUT, TOTAL: The initial total amount of light, measured in
lumens, from all bulbs used in outdoor light fixtures. Includes all lights and luminous
tubing used for display lighting, general illumination, architectural/accent lighting,
and lights used for external illumination of signs, but does not include lights used to
illuminate internally illuminated signs or luminous tubing used in neon signs. For bulb
types that vary in their output as they age (such as high pressure sodium, fluorescent
and metal halide), the initial lumen output, as defined by the manufacturer, in the
value to be considered.
Article E. Sensitive Lands Definitions
As used in Article 14-SI, Sensitive Lands and Features, the fOllowing definitions shal,l apply. The
General Definitions contained in Article A of this Chapter shall apply to all terms used in Article
14-51 that are not defined below.
ARCHAEOLOGICAL SITE, SIGNIFICANT: An archaeological site of prehistoric or
historic significance that is considered by the State Historic Preservation Officer/to be
eligible for the National Register of Historic Places. .
BUFFER: An area of land that is located adjacent to a designated sensitive area and
provides a transition area that protects slope stability, attenuates surface wat!!r, ~ows
. and preserves wildlife habitat and protected wetlands, stream corridors and - - '
woodlands.
BUFFER, NATURAL: A land area located adjacent to a protected sensitive area where
development activity such as building, grading, or clearing are prohibited unless I '
otherwise exempt herein.
COMPENSATORY MmGATION: Creating a new wetlands or enhancing or expanding
an existing wetland in exchange for allowing development activities to occur within
an existing wetland.
CONSTRUCTION AREA: The portion of a parcel of land where development activity,
including the temporary storage of heavy equipment, and other improvements inay
take place and be located.
CONSTRUCTION AREA UMITS: A line delineated on a proposed development plan or
site plan that establishes the no-build line around protected sensitive areas, such as
wetlands, streams, steep slopes, and woodlands, and their required buffers. '
DEVELOPED AREA OF CITY: An area of the City where platted lots abut a regulated
stream as of December 13, 1995, the effective date of the Sensitive Areas Ordinance.
DIAMETER, TREE TRUNK: The diameter of a tree trunk measured at 4.5 feet above
ground; if on a slope, measured from the high side of the slope. In the case of a tree
with multiple trunks, the diameter shall be the average of the diameters of all the
trunks.
DIRECT DISCHARGE: The discharge of untreated surface water into, a wetland from a
developed or developing property through the use of an underground pipe, culvert,
drainage tile, ditch, swale, channel or other means.
FLOOD EVENT, 100-YEAR: A flood, the magnitude of which has a one percent ch~nce
of being equaled or exceeded in any given year, or which on the average will be
equaled or exceeded at least once every 100 years.
"'-
;
,;,.
<
;SO?
~~, a.s--L-\\~",
%' 308 ~~ 3~1
FLOOD PWN: Any land area susceptible to being inundated by water as a result of a
specific frequency flood. For instance, the 100-year flood plain is the area of land
susceptible to being inundated by a 100-yea~ flood event. ' .
FLooDWAY: The channel of a river or stream and those portions of the flood plains
adjoining the channel which are reasonably required to carry and discharge flood
waters so that confinement of flood wate,rs to the floodway area will not result in
substantially higher flood elevation. Where floodway data has been provided in the
Flood Insurance Study, such data shall be used to define the floodway Iimits....-/ / " ,_..;
, , --- --, - <~, ,-~ ---- " - " ~ -.'
FULLY HYDRIC SOILS: Soils susceptible to water saturation, and designated ~s!Uj1Y - ~.1'
hydric soils by the.,USDA Soil Conservation, Service, or,it successor"as of December ~
1993. - - ' , . -' , ;.. ;
, ~ .
)
'"
GRADING: Any excavating or filling or a combination thereof, inclupingc9Tpaction.
....:.--:- ,.......
GROVE OF TREES: 10 or more individual trees having a diameter of at least 12 incnes,
~nd whose combined canopies cover at least 50 percent of the area encompassed by
the trees.
HISTORIC OBJECT: An artifact greater than 100 years oid.
MmGATION: The process of avoiding, minimizing, rectifying, reducing, or compensating
for losses or potential losses to an environmental or sensitive feature due to _1
development activity. For example, a wetland mitigation plan is used to illustrate the
methods that will'be employed to avoid, minimize, rectify, or reduce the impacts of
development activity on a protected wetland. When impacts on a protected wetland
are unavoidable, a wetland mitigation plan will describe the methods of compensating
for any losses.
PRAIRIE REMNANT: Prairie areas that have remained relatively untouched on
undeveloped, untilled portions of properties and contain primarily a mixture of native
warm season grasses interspersed with native flowering plants. Known extant prairie
remnants are identified on the Iowa City Sensitive Areas Inventory Map - Phase I.
PREHISTORY: Relating to or existing in times antedating written history (prior to
approximately 1700 AD) in Iowa City.
SENSITIVE AREAS CONSERVATION TRACT: A separate tract which protects sensitive
areas and associated buffers within planned developments, subdivisions and building
site plans; held separately from buildable lots by an incorporated homeowners'
association or a nonprofit conservation organization, or dedicated to the City.
SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and .
approved in conjunction with a sensitive areas overlay rezoning that designates
protected sensitive areas and associated buffers within a planned development.
SENSITIVE AREAS INVENTORY MAP - PHASE I: The Map of the Iowa City service
area with designations of potential environmentally sensitive areas,_such as
woodlands, wetlands, flood plains, steep slopes, hydric soils, prairie remnants and
geological, historical and archaeological features. ....,r.'
SENSITIVE AREAS OVERLAY ZONE: A planned development rezoning of a tract of land
that requires the approval of a sensitive areas development plan, which designates
protected sensitive areas and their associated buffers on said tract. . .
SENSITIVE AREAS, PROTECTED: Portions of a parcel of land containing
environmentaily sensitive features that are designated on an approved sensitive areas
site plan or a sensitive areas development plan and where no development activity is
allowed.
SENSITIVE AREAS SITE PLAN: A site plan for development on a tract of land that does
not require a sensitive areas overlay rezoning and is not otherwise exempt, but which
contains sensitive areas that warrant protection under the provisions of l\r1:icle 14-51,
Sensitive lands and Features.
SLOPE: An inclined ground surface, either naturally occurring or altered, with a vertical
rise of at least 10 feet, and which is not otherwise approved by the City, such as City
approval of a grading plan, prior to December 13, 1995.
SLOPE, ALTERED PROTECTED: Any slope of 40 percent or steeper created by human
activity such as cutting or filling, which activity has occurred prior to December 13,
1995, and which slope is not otherwise approved by the City.
'\
,
\
\
,
,
-<
~
,
\,
1
'"
I
,
,
:50'?
".
, -
'"
"
;
,
, f;
.
..~-."
J
-,
'-',
;~.
j;-
'""------
~, Cl S- -L\.. \ ~ \0
~G' 3),,\ ~ 31~
-- ,-,----~
SLOPE, CRITICAL: A slope' of 25 percent, but less than 40 percent.
SLOPE, PERCENT OF: The slope of a designated area determined by dividing the
horizontal run of the slope into the. vertical rise of the same slope and converting the
resulting flQure into a percentage value.
SLOPE, PROTECTED: Any slope of 40 percent or steeper.
SLOPE, STEEP: A slope of 18 percent, but less than 25 percent.
SLOPES, REGULATED: Slopes defined herein as steep (18-24 percent), critical (25-39
,
J
or' percent), and protected (40+ percent).
STREAM CORRIDOR: A river, stream or drainageway shown in blue (the blue line) on
, yc, the most current U.S. Geological Survey Quadrangle Maps, and the area of its
delineated floodway. In cases where no floodway is delineated, the blue line will
serve as the center line within a 30 foot wide stream corridor.
'(.
TREE, FOREST: Any tree 2 inches in diameter or greater, and included on the list of
',;, forest trees approved by the City.
WETLAND SPECIALIST: An individual certified as a wetland specialist by the Society of
Wetland Scientists, or its successor, or a person who can demonstrate to the Oty that
they have expertise in wetland areas which may include delineation, mitigation and
evaluation.
1/, ~.
.[WETLAND/WETLAND AREAS: Those areas that are inundated or saturated by surface
" 1c. or ground water at a frequency and duration sufficient to support, and that under
lC normal circumstances do support, a prevalence of vegetation typically adapted for life
. """ in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
'r" similar areas. For the purposes of this Section, "wetland" shall mean a jurisdictional
wetland that is regulated by the U.S. Army Corps of Engineers, or its successor.
Determination of jurisdictional wetlands shall be made either by the Corps or Its
successor or by a wetland specialist and accepted'by the Corps or its successor.
. ~OODED AREAS: Includes woodlands or "groves of trees," as defined in this Article.
'jWOODLAND CLEARING: The destruction or removal of trees within regulated
woodlands by physicai, mechanical, chemical or other means, such that tile clearing
results in a total opening in the woodland canopy of 20,000 square feet or more.
JJWooDLAND/WooDLAND AREA: Any tract of land with a contiguous wooded area not
less than 2 acres and containing not less than 200 forest trees per acre.
Article F." Flood Plain Management Definitions
As used in Article 14-5J, Flood Plain Management Standards, the following definitions shall
apply. The General Definitions contained in Article A of this Chapter shall apply to all terms used
in ArtiCle 14-SJ that are not defined below.
,',
100-YEAR FLOOD EVENT: A flood, the magnitude of which has a one' percent chance of
being equaled or exceeded in any given year or which, on the average, will be
:lle, , equaled,or exceeded at least once every 100 years.
{,:ii.
BASEMENT: Any enclosed area of a building that has its floor or lowest level below
ground levei (subgrade) on all sides (see definition of Lowest Floor).
\\~i'
,rrDEVELOPMENT: Any human made change to improved or unimproved real estate,
including, but not limited to, the placement of manufactured housing, buildings or
, ,. other structures, mining, dredging, streambank erosion control measures, filling,
.. ~;,: gr~ding, paving, excavation or drilling operations.
FLOOD: A general and temporary condition of partial or complete inundation of normally
b"' dry land areas resulting from the overflow of streams or rivers or from the unusual
_1 arid rapid runoff of surface waters from any source.
tif".' "
FLOOD ELEVATION: The elevation which floodwaters would reach at a particular site
9V~ during the occurrence of a specific frequency flood. For instance, the 100-year flood
~j elevation is the elevation of floodwaters related to the occurrence of a 100-year flood
1 event.
-JOj
~. c:>s -l.\.\. 'i~
~cJ' 3\t \ 3\\
------------"~- ---
FLOOD INSURANCE RATE MAP: The official mapprepared as part of (but pubiiSii~
m~"separatelyfrom) the flood insurance study which delineates both the flood hazard
'g"i: areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: A study initiated, funded and published by the federal
':1".' insurance administration for the purpose of evaluating, in detail, the existence and
9,_ 'severity of flood hazards, providing the city with the necessary information for
adopting a flood plain management program and establishing actuariai flood
. 'l' .I:' insurance rates. '
b;'fLooD PLAIN: Any land area susceptible to being inundated by water 'as a result of a
" ,_~cific freGuency flood. For instance, the 100-year flood plain in the area of land
/.,.if":, susceptible to being inundated by a 100-yearflood event.
b'FLOOD PLAIN MANAGEMENT: An overall program of corrective and preventive
/- 'Ill' measures for reducing flood damages and for promoting the wise use of flood plains,
. ,'i 11. including, but not limited to, emergency preparedness plans, flood control works,
~- .
:~~ , ' " floodproofinQ and fiood...J1\ain managementl!!Jlllla!ioDs.
. if- -~ (I FLooDPROOFING: Any combination of structural and nonstructural additions, changes
\~ 'C" " or adjustments to structures, including utility and sanitary facilities, which will reduce
", or eliminate fiood damage to such structures.
FLOOOWAY: The channel of a river or stream and those portions of the flood plains
_,,::.~" ,,>,adjoining the channel which are reasonably required to canry and discharge
',9><' () floodwaters so that confinement of floodwaters to the floodway area will not result in
substantially higher flood elevation. Where floodway data has been provided in the
flood insurance study, such data shall be used to define the floodway limits. Where
no floodway data has been provided, the Iowa Department of Natura' Resources or
'!".tG2" its successor shall be contacted,to provide a floodway delineation.
FLOODWAY FRINGE: Those portions of the flood plain, other than the floodway, which
" e.
.. can be filled, leveed or otherwise obstructed without causing substantially higher
< flood elevations.
; .
.-<
"
,11,
, ,LOWEST FLOOR: The floor of the lowest enclosed area in a building, including a
basement, except when all the following criteria are met:
" The enclosed area is designed to flood to equalize hydrostatic pressure during
floods with walls or openings that satisfy the provisions of 14-5J-7D of this Title;
and '.
r ,l' . The enclosed'area is unfinished (not carpeted, drywalled, etc.) and used solely for
low damage potential uses, such as building access, parking or storage; and
. Machinery and service facilities (e.g: hot water heater, furnace, electrical service)
contained in the enclosed area are located at least one foot above the lOa-year
flood elevation; and '
. The area is not below grade on all sides.
MANUFACTURED HOUSING: Any structure designed for residential use which is wholly
, ' "or in substantial part, made, fabricated, formed or assembled in manufacturing
" facilities for installation or assembly and installation on a building site. For the
purposes of Article 14-5J, Flood Plain Management, manufactured housing includes
:oi\ _ factory built homes, mobile homes, manufactured homes and modular homes and
, also includes park trailers, travel trailers and other similar vehicles placed on a site for
... n, - greater than 180 consecutive days. '
MANUFACTURED HOUSING PARK: A parcel or contiguous parcels of land divided into
'"',,,; k two or more manufactured housing lots for rent or sale.
, ,jrNEW CONSTRUcnON OF NEW BUILDINGS, MANUFACTURED HOUSING PARKS:
ThO5/! structures or development that began construction after January 1, 1978.
STRUCTURE: Anything constructed or installed on the ground or attached to the ground,
'. c, including" but not limited to buildings, factories, sheds, cabins, manufactured
,_ ',,'~~_~Using, storage tanks and similar.
'..3n
",
'J'
,~'.
'\-
; ~ 1'':; , .
.: '.'2:1..
,;'.)\Lc.
.
-J(O
~O_3\\ ~3n
~,~-L\.\~'o
,SUBSTANTIAL IMPROVEMENT: Any improvement to a structure that satisfies either of
",J~"," the follo~ing criteria:
',,:, ,~:,. . Any repair, reconstruction or improvement of a structure, the cost of which equals
or exceeds fifty percent of the market value of the structure either before the
improvement or repair is started or, if the structure has been damaged and is
being restored, before the damage occurred. For the purposes of this definition,
substantial improvement is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure. The term
does not, however, include any project for improvement of a structure to comply
with existing state or local health, sanitary or safety code specifications which are
solely necessary to assure safe conditions for the existing use.
. Any addition which increases the originai floor area of a building by 25 percent or
more. All additions constructed after June 5, 19B5 shall be added to any
proposed addition in determining whether the total increase in original floor space
would exceed 25 percent.
. ,);.-
.;?! -
'~'-,
:.1 ;3.
it :;.
Title 18: Site Plan Review
, CHAPTER 1. INTENT AND APPLICABILITY
18-1-1 Pur ose
-
It is the purpose of this Title to establish a procedure which will enabie the City to review
certain proposed improvements of property within the City in order to ensure the orderly and
harmonious development of property in'a manner that will:
A. Promote the most beneficial relation between present and proposed uses of land;
- ,
B. Allow development of property commensurate with the present and foreseeable availability
and capacity of City taciiities and seivices; The following factors shall be considered in
, anriving. ata co~c1usion.)COncerning proposed d~velopment of property:
1. The projected population of the proposed development or the proposed intensity of
use and the effect the proposal wili have on the capacity of existing water and
sanitary sewer lines to avoid overloading existing systems;
2. Zoning reguiations at the time of the proposal;
3. The City's Comprehensive Plan, as amended, and other specific community plans;
4. The Oty's plans for future construction and provision for public facilities and services;
and
5. The existing and planned City facilities and services for the area which will be
affected by the proposed site uSe.
C. Ensure compliance with the City Code, as amended, including applicable zoning
reguiations, approved subdivision plats, public works standards, and public safety
standards; .
D. Encourage adequate provision of surface and subsurface stonm water drainage in order to
assure that' future development and other properties in the Oty will not be adversely
affected;
E. Provide screening of parking, truck loading, solid waste disposal and outdoor storage areas
from adjacent properties;
F. Provide for orderly, safe, and efficient circulation of traffic in the development and
throughout the City;
G. Minimize adverse environmental impacts on thedevelopinQ Rro!lerty. - ".... " ,
L-. ___..______ - ~~-- . - ' .
:)0
18-1-2 A licabilit
\?~,~~~~ 3ll
~.C)S -L\.\~~
A. Site Plan Review Required
1. The standards in this Title are In addition to those required by the Uniform Building
Code, as amended, and apply to commercial, Industrial, and multi-unit residential
development.
2. ' 'Site plans must be submitted, reviewed, and approved by the City according to the
provisions of this Title prior to the iSsuance of a building permit for any development
on any lot, tract or parcel of land as those terms are defined in Title 14, Zoning Code,
except as exempted below.
rll _.
B. Exemptions" '
Site~plan'ReviliW'is no.~required forthe,development of one single family dwelling or one
two-family dwelling 1it related accessory structures in any zoning district. However, such
uses' and structUres are not exempt from other applicable provisions of the City Code,
including requirements of the Uniform Building Code, as amended. .
C. Major Site Plans
Major site plans are required for all of the following types of development:
1. Construction of over 12 units residential development and any additions or alterations
to eXisting development containing over 12 units residential; or
2. .Over 10,000 square feet of nonresidential floor area.
D. Minor Site Plans
Minor site plans are required for all development that does not. require a major site plan,
except as exempted in subsection B, Exemptions, above.
E. Sensitive Areas Development Plan
A Sensitive Areas Development Plan may be required fOr properties containing
environmentally sensitive features as set forth In Article 14-51 of the City Code, Sensitive
Lands and Features. The ,requirements and exemptions for regulated sensitive features are
set forth in Article 14-SL Level I Sensitive Areas Review shall be in accordance with the all \
procedures and approval processes set forth in Chapter 2 of this Title, except for Section
18-2-2, Submittal Requirements. Submittal requirements for Level I Sensitive Areas Review
~re set forth in Article 14-51, based on the type of regulated feature(s) that exist on the
subject property.
\
CHAPTER 2. PROCEDURES AND SUBMITTAL
REQUIREMENTS
18-2-1 General Procedures
An application for site plan approval for all development shall be submitted to the City and shall
meet the following requirements:- t ,:, , .
, '.., ,,'.. '..1 -, .' 'I. :' .
A. A minimum of two copies ofmirior site plans and fOur copies of major site plans containing
all requirEid information.
B. The required review fee, as established by resolution of the City Council, shall accompany
the application for site plan approval.
C.' Within twenty-four hours of submitting'an application for major site plan approval, the
applicant shall post notice of intent to develop on the site. The notice to be posted will be
provided by the City and shall be posted as directed by the City.
18-2-2 Submittal Re uirements
A.
Minor Site Plan
Minor site plans submitted for approval must include information as specified below:
1. Date of preparation and north arrow. ','j ,~,_
2. Ascale no smaller than one inch equals one hundred feet (1!' =100\}1~~~
~
-
.:sf~
-
r'''T''regaldeScriPtion;;~~~r~f~e~~e~~--; -. ~.~p~v ~_~~~~G~~~~ ~ 3 ( l
4. Name and address o~the owner of record of the property, the applicant and the
person(s) preparing the site plan, and the name and address of the applicant's
attorney, if any. .
5. Property lines with dimensions to the nearest one-tenth of a foot (1/10') and total
square footage or acreage of the site.
6. Total number and types of dwelling units proposed, proposed uses for all building,
,total floor area of each building and any other information which may be necessary to
determine the number of off-street parking and loading spaces required by Title 14,
Zoning Code. '~
. .' ,J I
7. Location and exterior dimensions of ail existing and proposed structures or additions,
induding setback distance from property boundary lines and distance between
structures. '
8;,k Location; grade and dimension of all existing and proposed paved surfaces, including
parking and loading areas, entrance and exit drives, pedestrian walkways, bicycle
storage areas, dividers, curbs, islands and other simUar permanent improvements.
,9. Location of, all existing and propose<J outdoor recycling, trash, solid waste, and
dumJlSter areas and methods of screening such areas.
i- . ~ .\ ..~
10. Location and type of all existing and proposed signs. Proposed signs may require a
separate sign permit (See Articie 14-5B, Sign Regulations).
11. Plans and proposed methods for the prevention and control of soil erosion for the
development.
12. A landscaping plot plan is required indicating ail existing trees eight inches or larger
in diameter measured at a point six inches above the ground level. In addition, the
plot plan must distinguish the existing or proposed trees or landscaping intended to
satisfy tree requirements or screening requirements of the Oty Code (See 14-SA-5I,
Landscaping and Tree, Requirements within Parking Areas and 14-SE, Landscaping
and Tree Standards, and any other applicable screening required according to Title
14, Zoning Code.)
13. Location of the following features of the site:
a. Streams and other water bodies, inciuding wetlands;
b. Areas subject to fiooding from a 100-year event;
14. Location, amount and type of proposed lighting, fences, walls or other screening.
15. A detailed lighting plan and photometrics iayout which shows the location, type,
height; and intensity of all existing and proposed exterior lighting on the property.
The photometrics layout must show the foot-candles generated by all lights on the
property and provide the total outdoor light output as measured in initiai lumens from
all bulbs used in outdoor light fixtures. The lighting plan and photometrics layout
must comply with the standards specified in Articie 14-5G, Outdoor Lighting
Standards.
16. Location and specifications for any existing or proposed 'aboveground or below-
ground storage facilities for any chemical, salts, flammable materials or hazardous
materials.
17. Other data and'information as may be reasonably required by the Building Official.
B. Major Site Plans
Submittal information for major site plans must inciude all the information contained in
subsection A of this Section, plus the foilowing additional information:
1. Existing and proposed contours at intervals not to exceed 5 feet provided at least 2
contours are shown. Contours of neighboring properties must be provided when
deemed necessary by the City.
2. When deemed necessary by the City, a complete storm water runoff plan, including
grades and/or elevations of storm sewer systems, direction of surface fiow, detention
areas, outlet control structures and devices and storm water calculations (See Articie
15- 3G, Storm Water Collection, Discharge, and Runoff).
~I.J
"
3.
~, CJS.=~\~\o ._ G~~?t_~ c\ '31l
Location and size of existing and proposed utilities, including water, sanitary sewer,
storm sewer, gas, electrical telephone, cable TV, plus all existing or proposed fire
hydrants.
A typical cross section of all proposed streets, alleys and parking areas showing
roadway location, type of curb and gutter, paving and sidewalks to be installed.
A complete traffic circulation and parking plan.
4.
5.
18-2-3 A roval/Oenial Process
A. The City shall review and approve, review and approve with conditions, or review and
deny all site plans submitted under this Title within 21 working days after application,
without requiring submission of the plan to the Planning and Zoning Commission.
B. Upon submission of a major site plan, the Building Official shall promptly convey a copy of
the major site plan to the Department of Public Works and the Department of Planning
and Community Deveiopment for their review and comments. The Departments of
Planning and Community Development, Public Works and Housing and Inspection Services
shall review the site plan to determine if the design conforms to the standards set forth in
this Article. The Departments of Planning and Community Development and Public Works
shall forward their recommendations to the Department of Housing and Inspection
Services within ten (10) working days after date of submission of a major site plan to the
City.
For major site plans, the Department of Housing and Inspection Services or those owners
of 20 percent or more of the property location within 200 feet of the exterior boundaries of
the proposed development site may request a 'review by the Planning and Zoning
Commission. The request must be in writing and must be filed with the Building Official
within 20 days of submission of the original application or within 20 days of the posting
requirements set forth in Section 18-2-1, above, whichever is later. When such a request is
received, the Pianning and Zoning Commission may review and approve, review and
approve with conditions, or review and deny said plan within 20 working days of receipt of
the written request for Planning and Zoning Commission review. The Commission's scope
of review shali be the same as that of the Building Officiai and the Department of Housing
,and Inspection Services.
D. Upon site plan approval by the Building Official or the Plan and Zoning Commission, a
building permit may be issued.
c.
'-0...;....;...;
18- 2-4 Effective Period of Plan A roval
The approval of any site plan shall remain valid for one year after the date of approval. The
approved site pian shall be nuli and void if a building permit has not been issued within one
year of the site pan approval or if actual construction has not commenced within eighteen (18)
months of the site plan approval. "Actuai construction" shall mean that the permanent
placement of construction materials has started and is proceeding without undue delay.
18-2-5 Amendments to A roved Site Plans
Any approved site plan may be amended in accordance with the standards and procedures
established herein. However, the Building Official may waive such procedures and fees in the
event the Building Official determines that the proposed amendment invoives only a minor
change in the approved site plan and is in compilance with the site plan review standards. For
the purposes of this Section minor changes may include, but are not limited to the following:
A. A change to move building walls within the confines of the smallest rectangle that would
have enclosed each origimilly approved building, to relocate building entrances or exits Or'
to shorten building canopies.
B. A change to a more restrictive use, provided there is no change in the amount of off-street
parking as originaliy approved.
C. A change in angle of parking or a parking aisle width, provided there is no reduction in the
amount of off-street parking as originally approved.
D. A change' in iocation of the ingress and egress drives of not more than 100 feet, provided
such change is approved by the City and is in compliance with the proviSions of Article 14-
5C, Access Management Standards.
J/<f
1
~. oS' =_l-\\'g'\p
~(j,3ts ~ ~(l
E. A substitution of plant species, provided the substituted species is similar in nature and in
screening effects and is otherwise in compliance with City Code requirements.
F. A change in type and design of lighting fixture, provided there will be no change in the
intensity of light at the property boundary and the proposed fixture is in compliance with
the applicable provisions of Article 14-6G, Outdoor Ughting Standards.
G. A change to increase peripheral yards.
H. The replacement of paved areas with landscaping, provided adequate parking facilities are
retained.
CHAPTER 3. SITE PLAN DESIGN STANDARDS
18-3-1 Com Iiance Re uired
AIi site plans submitted for City approval must comply with the following design standards.
These standards are the minimum standards necessary to safeguard the public health, safety,
aesthetics and generai welfare of the City and are necessary to fuifili the intent of the Zoning
Ordinance, the Comprehensive Plan as amended and other specific community plans.
18-3- 2 Oesi n Standards
A.
Drainage
The design of the proposed development shall make adequate'provision for surface and
subsurface drainage to limit the rate of increased runoff of surface water to adjacent and
downstream property so that the proposed development wili, not substantially and
materially increase the natural flow onto adjacent downstream property.
Utility Connections
The design of the proposed development shall make adequate provision for connection to
water, sanitarY sewer, storm sewer, eiectricai and other public utility lines within the
capacity limits of those utility lines.
Fire Safety
The design of the proposed development shall make adequate provision for fire protection
and for building placement, acceptable location of flammable materials and other
measures to ensure fire safety.
B.
~.
D. Erosion and Sedimentation Control
The design of the proposed development shali comply with the standards for erosion and
sedimentation control estabiished in the City design standards in order to protect adjoining
or surrounding property. The development plan shall consider the topography and solis of
the site to achieve the lowest potential for erosion.
E. Landscape Preservation
So far as practical, the landscape shall be preserved in its natural state by minimizing tree
and soii removai and by topographic modifications which result in maximum harmony with
adjacent areas. Structures and other site improvements shali be located in such a manner
that the maximum number of trees are preserved on the site. The development plan shall
identify existing trees to be preserved and trees to be removed and shali specify measures
to be utilized to protect trees during construction. To the extent reasonably feasible, ali
wetlands shali be retained in their natural state or consistent with their functions and ~l
values or be replaced with a wetland of equal or greater value. ' ..j
F. Vehicle and Pedestrian Circulation
The design of vehicle and pedestrian circulation shali be provided for safe and convenient
fiow of vehicles and movement of pedestrians and shali, to the greatest extent reasonably
possible, prevent hazards to adjacent streets or property. The City may limit entrances
and exits upon adjacent streets in order to prevent congestion on adjacent or surrounding
streets and in order to provide for safe and orderly vehicle movement. The City may limit
street access according to the provisions of Article 14-SC, Access Management Standards.
JIS-
~ . CJS" -'--\\ 1\(0
9d" 3\ ~ ~ '3\\
G. Outdoor Dumpster Areas
Outdoor recycling, trash, soiid waste, and dumpster areas shall be in compliance with the
City's solid waste reguiations and in compliance with screening requirements contained in
Titie 14, Zoning Code. (See 14'4C"2Q, Outdoor Dumpster Areas)
.- -------
H. Exterior Lighting
Exterior lighting shall relate to the scale and location of the development in order to
maintain adequate security while preventing a nuisance or hardship to adjacent properties
or streets. All exterior lighting must comply with the provisions of Article 14-SG of the City
Code, Outdoor Lighting Standards. .
I. Screening of Equipment
All ground level mechanicai and utility equipment shall be screened from public view
according to the provisions ofTitie 14, Zoning Code (See 14-4C-2N, Mechanical
Structures) .
J. Screening of Storage and Loading Areas
1 If allowed, all outdoor storage areas must be located and screened according to the
applicable base zone provisions ofTitle 14, Zoning Code. AIi outdoor storage areas and
loading/unloading service areas with delivery facilities, including bay doors or docks, which
face or are visible from residential district and the Iowa River shall ,be screened to a height
of no less than 6 feet and must meet all screening standards specified in Title 14, Zoning,
for outdoor storage and loading areas.
K. Parking Areas
Any parking areas or vehicle storage area designed or intended'for use by more than four
(4) vehicles located adjacent to any street shall be separated and screened from such
street by a curbed, planted area as speCified in Title 14, Zoning.
L. Sensitive Areas
All sensitive areas development plans must comply with the applicable provisions of Article
14-51 of the City Code, Sensitive Landsand Features.
M. Compliance with City, State, and Federal Regulations
Site plans shall comply with all app."cabie City, State, and Federal regulations.
CHAPTER 4. ENFORCEMENT AND PENALTIES
18-4-1 Oevelo ment Activi
:\
. '>,
, ,
: i
"
,
~
,
-I
: i
I
. t
: I
!
No person shall undertake or carry out any activity or use, including any building demolition,
grading, clearing, cutting and filling, excavating or tree removal, for which site plan' approval Is
first required by this Title, nor shall such activity proceed pri9r to obtaining the necessary
permits, including iocal, County, State and Federal permits. Any violation of this provisiOn is r'.
subject to fines and penaities described in this Title for each day of the violation, from the d~.+
of discQ.~e!y of~h~ incident until an ap.Rroved restoration plan or an approved site plan/is- '~~-;:"
granted, ' - - ~',~
~':I
~J.
1.' )
/. r
18-4-2 Pertormance Guarantee
A. The purpose of the performance guarantee is to ensure compietion of improvements:-.:..,
connected with a proposed use as required by this Title, including, but not limited to
roadways, lighting, utilities, sidewalks, drainage, fences, screens, wall and landscaping.
, , ,
B. "Performanc~ Guarantee" shall mean a cash deposit, certified check, or irrevocable
standby letter of credit in the amount of the estimated cost of the improvements, to be
determined by the applicant and verified by the City.
C. Upon issuance of a building permit, the City may requir~ a performance guarantee.
D. When a performance guarantee is required, there shall ~Iso be provided a prescribed
period of time within which improvements must be completed. '
J{ b
~a- 3n (\ ~n
~._(jS - q\.'6~
-.-------.-- - -~--~.
E. Where a performance guarantee is not required upon issuance of a building permit and
the improvements cannot be completed prior to occupancy or commencement of a use,
the Building Official may issue a temporary certificate of occupancy and require the
applicant to deposit a performance guarantee as set forth above.
F. Upon satisfactory completion of the improvements for which the performance guarantee is
required, as determined by the City, the City shall return the performance guarantee to
the applicant.
G. In the event that the applicant defaults in making the improvements for which a
performance guarantee is required or fails to complete the improvements within the time
prescribed by the City, the City shall have the right, but not the obligation, to use the
performance guarantee deposited, together with any interest earned thereon, to complete
the improvements through contract or otherwise. This includes the specific right to enter
upon the subject property to make the improvements. If the performance guarantee is -
not sufficient to allow the City to complete the improvements for which the guarantee was
posted, the applicant shall be required to pay the City the amount by which the cost of
completing the improvements exceeds the amount of the performance guarantee
deposited. Should the City use the performance guarantee or a portion thereof to
complete the required improvements, any amounts remaining after completion shall be
applied first to the City'S administrative costs in completing the improvements, with any
balance remaining being refunded to the applicant. At the time the performance
guarantee is deposited, the applicant shall enter into a written agreement with the City,
which incorporates the performance guarantee requirements set forth above.
18-4-3 Penalties
Any violation of this Titie shall be considered a simple misdemeanor or municipal infraction or
environmental infraction as provided for in Title 1, Chapter 4 of the City Code. '
71057
December 28, 2005
~
,
f
.; 1,
~
,\
l
(
~ I
.]/7
I ~ 1
--= -~...
~~~~~
,"-~"'IIII"
...... ..
CITY OF IOWA CITY
410 East Washington Street
Iowa City, iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4187
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City, Iowa, this 10th day of February, 2006.
~r":" \"'-~~I:l_
Julie K. paril
Deputy City Clerk
~
"'~l' - ,... ~,.
~ "''';' ,~ :
'::"',
'-
Printer's Fee $ ,~D4~
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paperJ times(s), on the
following dates(s):
-D to C e..."",-lo er d- f- -' 'd--C)().5
(C~~~
Legal Clerk
Subscribed and sworn to before me
this ,1~ day of O~..." - /.. llJA-:;,
A.D. 20 O~
y~-~
Notary Public
f.ij UNlMKROTZ
:\ a...".,' . I Number 732819
. . My Co...,....... expires
January 27, 2lJ08 '
I
/ P-FFfCIA-L PUBLICATION
r~:~~~~~~~~R~~r~~~RO;;~:-.
I TV FROM CENTRAL BUSINESS SER-
VICE (CB-') ZONE TO CENTRAL BUSI-
NESS SUPPORT (CB'5) ZONE AND
PLANNEO HIGH OENSITV MULTI-FAM-
ILY RESIOENTIAL (PRM) ZONE FOR
THE AREAS CURRENTLY ZONED CB-
2 LOCATED SOUTH OF BURLINGTON
STREET AND WEST OF LINN STREET.
WHEREAS, the Planning and Zoning
Commission and the City Council has
determined that the Central Business
Service (CB-2) Zone is inconsistent with
the vision of the Comprehensive Plan for
areas adjacent to the Central Business
District; and
WHEREAS, the Central Business
Service Zone has been eliminated from
the Iowa City Zoning Code and the Iowa
City Zoning Map; and
WHEREAS, areas zoned CB-2 must be
rezoned to another appropriate zoning
designation; and
WHEREAS, according to the Iowa City
Comprehensive Plan and associated
Near Souths\de Neighborhood
Redflvelopment Plan, the areas currently
zoned CB.2 located south of Burlington
Street and West of Linn Street are prima-
rily intended for high density multHamily
housing and larger scale, high intensity
commercial uses consistent with down-
town Iowa City.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I APPROVAL' The property
described below is hereby reclassified
from its present classification of Central
Business SeNice (CB-2) Zone to the
zones indicated below:
Original town of Iowa City, lots 7,8 and
the northern 5 feet of lot 6 of Block 93 is
reclassified to Central Business Support
(CB-5) Zone;
County Seat Addition, northern 70 feet of
lot B of Block 9 is reclassified to Central
Business Support (CB-5) Zone;
County Seat Addition, lots 1, 2, 7, 8 of
Block 7 is reclassified to Planned High
Density Multi-Family (PAM) Zone;
County Seat Addition, lots 5, 6, 7, and the
western 60 feet of the southern 53.5 feet
of 'lot 4 of Block 8 is reclassified to
Planned High Density Multi-Family
(PRM) Zone;
SECTION II ZONING MAP' The City
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 final passage,
approval and publication of this ordi. I
nance as provided by law.
SECTION III CERTIFICATION AND
RECORDING: The City Clerk. is hereby
I authorized and directed to certify a copy
of this'ordinance and record the same in
r the Office of the County Recorder,
1 Johnson County, Iowa, at the City's
. expense, upon the. final passage,
approval and publication of this ordi-
I nance, as provided by law.
SECTION IV REPEALER All ordi-
nances and parts of ordinances in con-
flict with the provisions of this Ordinance I,
are hereby repealed.
SECTION V SEVERABILITY. If any I
section,' provision or part of the
Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication
shall not affect the validity of too I
Ordinance as a whole or any section,
provision or part thereof not adjudged
~~~~16~ uOfon~~~~g~~~E DATE This L:
"--i Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and approved this 15th day of
December, 2005.
s/Emest W. Lehman, Mayor
, Attest slMarian K. Karr, City Clerk
I 70803 December 28, 2005
I ~ 1
-....= -.....
J.r---~
~~~~~
-<~""T..cm."
.--.~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4188
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City, Iowa, this 10th day of February, 2006.
~,,-. \,-~~~'.\)
: Julie, pari! ~
Deputy City Clerk
.....,--;;: :: -,/, ~
'''' ,Y
.
."' ~...
~. tls--4, '6'6
~-
i
i
Printer's Fee $ i 3'i?oLP
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper i times(s), on the
following dates(s):
j),oG€.vnhe.r :)''l"} ;)...()O'5
(C)\ {)o.<Jl f'}l~
Legal Clerk
Subscribed and sworn to before me
this ,~tY-- dayoffk/p~
A.D. 20 oS-
';/~( Notary Public
UNDA KROTZ
~ Ccn\llIIlISIOR Numbe, 732619
. . My eomm\sSlOn E>P""
JanIl8IY 27, 200B
~ OFFICIAL PUBLICATION
OROINANCE NO. OS-11 SS
AN ORDINANCE- T~ REZONE PROP-
ERTIES CURRENTLY ZONEO RESI-
. OENTrAl FACTORY-BUILT HOUSING
, (RFBH) ZONE. TO PLANNEO DEVEL-
10PMENT HOUSING-HIGH DENSITY
SINGLE-FAMILY (OPOH'12) ZONE
, (REZOS-00017),
I WHEREAS, the City of Iowa City, has
requested a general rezoning of proper-
ties which are currently zoned RFBH to
. OPDH-12 in order tQ remove redundant
zoning categories; and I
WHEREAS, the Planning and Zoning
Commission has found that the current \
code includes a separate category and \
standards for manufactured housing
pa~; and
WHEREAS, typical zoning rules are not
easily applied to these types of develop-
I ments; and \
WHEREAS, the Planning and Zoning
,Commission has found that manufac- ('
tured housing parks are not dissimilar to I
condominium planned developments,. \
,where the dwelling units are separately
\1 owned but ttie land and surrounding facH. ~
Uies are owned in common; and \
lWHEREAS, too Planning and Zoning l
ICommission has found the RFBH zone
IsimHar to the OPDH-12 zone in that a I
specific site plan is required fOf new j
development; and
WHEREAS, the Planning and Zoning
Commission has recommended approval
of the proposed rezoning of RFBH to
OPDH-12,
NOW. THEREFORE, BE IT OROAINEO
BY THE CITY COUNCil OF THE CITY
10F IOWA CITY, IOWA:
SECTION I. APPROVAL The parcels
idescribed below are hereby reclassified
'from their current zoning designation of
Residential Factory Built Housing
I(RFBH), to Planned Development
;Housing-High Density Single Family
IPOH.12): '
All that part of the NE _ of the NE _ of
Section 4, Township 79 North, Range 6W
in Johnson County, Iowa, except the SE
of the NE of the NE and the SW
j of the NE _ Of the NE _ of said Section 4,
and except 4-1/2 acres from the NE _ NE
NE and NW NE _ NE _ taken by the
State of Iowa for highway purposes with'
the north property line described as fol- t
lows: starting at a point on the west line .
of NE NE that is 140 feet south of the I
centerline of Interstate 80, thence to a :
point 75 feet radiallY distant southerty I
from the edge of concrete at Station I
2905+51.6 on Ramp B, thence to a point I
60 feet radially distant southerly from the I
edge of concrete at State 2910+00,;
thence parallel to the edge of concrete on \
Ramp B 60 teet distant southerly to a '
point on the east line of Section 4.
And,
I Lot 2 of padens Re-subdivision of Lots 1 ;
and 4 of Charles Subdivision of the ;
SW1/4 of Section 22, Township 79 North,
Range 6 West of the 5th P.M. according
to the plat thereof recorded in Plat Book
1, page 138 of the Plat Records of
I Johnson County, Iowa, excepting there-
. from the following described tract, to-w~t:
i Beginning at the northwest comer of saId
Lot 2, thence east on the north line of
" said Lot 2, 650 feet, thence south 2
I degrees 40 minutes east 134 feet thence
: west 160 feet, thence north 2 degrees 40
\ minutas east 134 feet to the place of
! beginning; also excepting the following
I described tract, to-wit; Commencing at a
, point on the east line of the publiC high-
,way, which point 134 feet south 2
! degrees 40 minutes west of the north-
\ west comer of said lot 2 of said Paden's
Re-subdivision aforesaid, thence South
~~. \~ ~
,89-degrees25minutesEasC252 'feet;l
thence south 2 degrees 40 minutes west \
1153.5 feet, thence North 89 degrees 25 I
minutes west 12 feet; thence south 2 I
' degrees 40 minutes west 80 feet, thence
North 89 degrees 25 minutes west 240 1
feet, thence north 2 degrees 40 minutes
eas1 233.5 feet to the place of beginning.
And,
Residence and mobife home park locat-
ed at 2254 South Riverside Drive, Iowa
City, Iowa, legally described as:
Lot 3 in Paden's Subdivision of lots 1 I
and 4, Charles Subdivision of the SW1/4j
of Section 22, in Township 79 North
Range 6 West of the 5th P.M. excepting
therefrom the. following tract, to-wit:
Beginning 202 feet southwesterly from
the Northwest comer of said Lot 3 of
Paden's Subdivision aforesaid, thence
South 85 degrees 52 minutes -East 384
\. fee,t, thence South 17 degrees 10 min- ~
utes West 549 fe"!.t- to the original South I
line of said Lot 3, thence North 76
I degrees West 215 feet, thence North 5
degrees 30 minutes West 360.5 feet. I
thenCe easterly 21 feet, thence North 2
, degrees 40 minutes East 142 feet to the
place of beginning, the area of said
excepted tract being 3.70 acres, and the ~
tract conveyed by this deed containing I
16.3 acres more or less.
And,
Beginning -at .the -SouthGast 'comer-of~Lot-
\ three (3) of the Paden's Resubdivision of I
J Lots 1 and 4 of Charles Subdivision of
the Southwest Quarter of Section'
Twenty-Two (22), Township seventy-nine
(79) North, Range Six (6) west, of the 5th,
r P.M.; Thence N76P42'52~ W, along the
: southerly line of said Lot 3, a distance of
f 88.94 feet; ThencEl N1&'31'56~e, 780.57
, faet, to a point on the northerly line of
said Lot 3; Thence S80201'58"E, 255.60
feet more or less, along said northerly
line and its southeasterly projection
thereof, 10 a point which is at the Mean
High Water Mark of the towa River as it i&
presently located, which is wltnessed by
a 5/8 inch iron rebar set 3 feet, normally
, distant, westerly of the Westerly Top of
Bank of said Iowa RiVer. Thence mean- .
I dering along said Mean High Water Une
to a point at the Mean High Water Mark
I of said Iowa River which point is wit-
) nessed by a 5/8 inch iron rebar set 3 feet.
I normally distant westerly of the Westerly
Top of Bank of said Iowa River, and is
located 193.34 feet, S16232'12"W, of the
preVIOUS witness marker; Thence mean-
dering along said Mean High Water Une
to a point at the Mean High Water Mark
of said Iowa River which point is wit.
nessed by a 5/8 inch iron rebar set 3 feet "
nonnally distant westerly of the Westerly ;
Top of Bank. of said Iowa River, and is :
located 254.45. feet, SOOQ36'13~, of the
previous witness marker; Thence mean-
dering along said Mean High Water Une '
to a point at the Mean High Water Mark
of said Jowa River which point is wit-
nessed by a 5/8 inch iron rebar set 3 feet I
normally distant westerly of the westerty
Top of Bank of said Iowa River, and is'
located 128.20 feet, 812039'26"\0\1, of the
previous witness marker; thence mean-
I dering along said Mean High Water Une
to a point at the Mean High Water Mark ,
of said Iowa River at its intersection with \
) the southeasterly. projection of the
I Southerly Line of said Lot 3, which point ,
I is witnessed by a 5/8 inch iron rebar set \
on said Southerly Line of Lot 3, 3 feet \
nO"",allY distant westerly of the Westerly \
i Top of Bank of said Iowa River, and
which marker is located 252.21 feet,
S16257'5T'W, of the previous witness
marker; Thence from said Mean High
Water Mark, N76242'52'VoJ, along said
southerly line 347.29 feet, to a poinf ot
Beginning. Said parcel of land contains
7.17 Acres more or less and is subject to
easements and restrictions of record.
~, <:'>'5'" - Lt, '6~
rAnd, ------------,
! Com.mencing at the. Southeast comer 0'\
I Section 24, Township 79 North, Range 6
I West of the 5tn Prindpa\ Meridian;
I thence due West along the South line of
: said Section 24, 3217.31 feet to the point
1 of beginning; thence West, 773.24 feet;
'thence North 01030'22~ East, 682.39
feet; thence East, 773.24 feet; thence .1
South 01030'22" West, 682.39 feet to the
point of beginning. Said tract of land con-
taining 12.11 acres.
E _ SW _' thai part thereof lying south of
U.S. Highway 6 excepting the east 25
feet thereof and more particularly
described as follows Commencing al
r the south quarter comeT of said Section
\ 24, thence on an assumed bearing due
west 25.00 feet to the point of beginning,
thence N 01030'24" E. 1622.11 feel 10 a
poinl of the south right of way Une of said
U.S. Highway 6, thence northwesterly
along said right of way line on a 5790 foot
radius curve concave to the northeast to I
a point bearing on a long chord 1393.18
feet N 51011'17" W, of the preceding
I point, thence N 78038'14~ W, 186.24 feet
to a point on the west line of said E _ SW
1/4, thence S 1030'22~ W, 2532.53 feet
to a point at the southwest comer of said
E SW 1/4 , thence due east on the
south. section line of said Section 24,
1292.35 feet to the point of beginning,
subject to easements and restriclions of
\ the record.
~~~inning at a point on the east line Of, I'
the public highway known as the Sand
Road, which point is located as follows:
I Commencmg at the intersection of the (
,... east line of said highway wtththe-north --~
line of Section 22, Township 79 North,
Range 6 West of the 5th P.M., thence
south 6 degrees 50 minutes east 447.5
feet along the east line of said highway,
thence southerly along a 9 degree 28
minute curve with a 606 foot radiu's con-
cave westerly 269.4 feet along the east
line of said highway to the said point of
beginning, from thence due east 992.4
feet, thence due south 607.6 feet to the
south Une of the N _ of the NE _ of said
Section 22, thence .west along south line
to the southwest comer of said N1/2 of
NE1/4, thence north along the west line
of said N of NE ,to the intersection of
said westline with sthe north line of the
south 7 acres 01 the east 40 acres of
Government Lot 1 in the said Section 22,
thence" west along said north line to the
east line of the said public highway,
thence northeasterly along the east line
of said public highway to the place of
beginning. Johnson County, Iowa.
And,
Commencing at the northeast comer of
Sec. 3, Twp. 79 N., A. 6 West of the 5th
P.M., thence north 880 13' West 689.3
feet to the centerline of the Prairie du
Chien Road and the place of beginning;
thence north 880 41' west 36.6 feet to an
iroo pin 00 the road fight of way line,
thence continuing north 880 41' west
637.4 feet to an iron pin at the northwest
corner of Ihe tract; thence south 10 OT
east 162.9 feet to an iron pin al the south. I
west comer of the tract; thence south 880 I
25' east 710.6 feet to an iron pin on the' ,
westerly road right of way line; thence
continuing south 880 25' east 38.8 feet to
the centerline of the said Prairie du Chien
Road; thence North 300 03' west 57.5
feet along the centerline of the road;
thence northerly 128.0 feet along a 573.7
foot radius curve concave easterly to the
place 01 begil'\l"\ing. Excepting any part of
said premises conveyed to the State of
Iowa by warranty deed recorded in Book
254, Page 62, Deed Records of Johnson
County, Iowa. .
Excepting that portion described as fol~
lows:
.--
rAportlon ciith9 Northwest quarter of the
\ Northeast quarter and a portion ot the
i Northeast quarter of the Northeast quar.
ter of Section 3, Township 79 North,
Range 6 West of the Fifth Principal
Meridian, Iowa City, Johnson County,
I Iowa, the boundaries of w~ich are
described as follows: Commencing at the
\ North quarter comer of Section 3,
Township 79 North, Range 6 West of the
Fifth Principal Meridian, Iowa City,
\ Johnson County, Iowa; Thence
N89030'00"E, along the North line of the
1 Northeast quarter of said Section 3, a
'\distance of 1279.40 feet to the ~int. of
-r' beginning; Thence contlnumg
\ N89030'00"E, along said North line,
224.59 feet; thence southwesterly,
114.62 feet, along an arc of a 367.00 foot
radius curve, concave southeasterty,
I whose 114.15 foot chord bears
S42040'40"W; Thence S33043'51"W,
97.64 feet; Thence S89028'15"W, 100.53
feet; Thence N03014'55'W, 143.55 feet;
Thence N37002'18~E, 26.03 feet to a
point on said North line of the Northeast
quarter and said point 9f b~gjnnin~, con-
taining 0.61 acres, and IS subject to
easements and restrictions of record.
And Lot 4 and Lot 6 of subdivision
nam'ed Saddlebrook, Part II, excluding
the portion described below:
Lot 7 and 8 and a portion of Lot 4 and 6
of Saddlebrook's Second Addition tying in
the NW _ NE _ and the SW _ NE _
Section 25 T. 79, R. 6W., of the 5th P.M.,
Johnson County, Iowa, described as fol-
tows: "d
Commencing at the Center o~ sal
Section 25; thence NOo017'21~E.-
1006.38 feet along the west line of said
SW NW _; thence S90000'OO"E -17.78
feet;-also being the Point 0 Beginning ot
the parcel herein deSCribed: thence
N00059'52~W. 128.03 feet; thence
N37050'18'W - 20.00 feet; thence north-
easterly - 37.99 feet along a 49.00 f~t
radius curve concave northwesterly with
a central angle of 44025'15~ and a chord
r of N29057'04~E---37.04::teett thence'
NOr44'27"E - 509.63 feet; thence
N09006'36~E - 75.25 feet; thence north- .
easterly - 32.68 feet along a 1490.00
i foot radius curve concave easterly wIth a
central angle 'of 01015'24" and a chord of
N11011'03~E . 32.68 feet; thence north-
westerly - 85.52 feet along a 162.~ foot
radius curve concave westerly with a
central angle of 30004'23~ and a chord of
N05004'34"W - 84.54 feet; thence
N20009'17"W - 23.84 feet; thence north~
easterly - 32.65 feet along a 25.00 foot
radius curve concave easterly with a cen.
tral angle of 74049'19" and a chord of
N17015'22"E - 30.38 feet; thence north-
easterly - 127.57 feet along a 126.00
foot radius curve concave northwesterly
with a central angle of 58ooo'43~ and a
, chord of N25039'40"E - 122.19 feet;
I thence N03020'41~W - 192.32 feet;
. thence northwesterly - 205.75 teet along
a 312.00 foot radius curve concave
southwesterly with a central angle of
37047'01~ and a chord of N22014'12"W-
202.04 feet; thence northerly - 34.87 feet
along a 25.00 foot radius curve concave
easterly with a central angle of 79055'30"
and a chord of N01009'57"W - 32.11 feet;
thence N38047'48~E - 52.23 feet; thence
northeasterly - 34.27 feet along a 267.50
foot radius curve concave southeasterly
with a central angle of Or20'22~ and a
1 chord of N41048'18"E - 34.24 feet;
I thence northeasterly - 114.84 feet along
a 267.88 foot radius curve concave
southeasterly with a central angle of
24033'47" and a chord of N57046'55~E-
: 113.96 feet; thence N70004'20~E -
,--_157.38J~~t;Jhence _easterly-=--14.26 feet
tJ, ~~~
along a 3Oj5o foot radius curve concave
southerly with a central angle of
2r13'37" and a chord of N83041'08-E-
14.12 feel; thence S20031'09"E - 60.07
t feet; thence S22026'14~E - 89.62 feet;
I thence S20031'09"E _ 75.79 feet; thence
southerly - 168.42 feet along a 470.00
foot radius curve concave weslerly with a
central angle of 20031 '53~ and a chord of
S10015'12"E - 167.52 feet; thence
SOOoOO'45~W - 22.34 feet; thence
N89057'39"E - 173.42 feet; thence
S00002'21"E - 1038.77 feet; thence
S6r52'28'W - 315.94 feel; thence wesl.
erly - 365.13 feel along a 960.00 foot
radius curve concave northerly with a
central angle of 21047'32" and a chord of
S78039'35'W - 362.94 feet to the Point
I of Beginning. Said parcel contains 13.57
acres.
.JSECTION II ZONING MAP The
Building Official is hereby authorized and
directed to change the zoning map of the
I, City of Iowa City, Iowa, to confonn to this
amendment upon the final passage,
\ approval and publication of this ordi.
nance as provided by taw.
SECTION IV CERTIFICATION MID
RECORDING The City Clerk is hereby
authorized and directed to certify a copy
of this ordinance and a copy of the
! Preliminary OPDH Plan for this Property,
and record the same in the Office of the
County Recorder, Johnson County, Iowa,
at the Owner's expense, upon the final
passage, approval and publication of this
ordinance, as provided by law.
SECTION V REPEALER All ordi-
nances and parts of ordinances in con-
flict with the provisions of this Ordinance
are hereby repealed.
SECTION VI SEVERABIliTY" any
sectiori, 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 VII EFFECTIVE DATE This
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and approved this 15th day of
December, 2005.
slErnestW. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk
70804 December 28, 2005
~
".
-I
'-
I ~ 1
(~~~'t
"'~~"IIII.m.i;,
......~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4189
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City, Iowa, this 10th day of February, 2006.
~~-. /\'-~~: ~
Julie, aril -
Deputy City Clerk
-,'\'; ..
" ~" ~;.
..
o
"
Printer's Fee $ ;;;'1. .~()
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper--1 times(s), on the
following dates(s):
~ e f' P -^,y\...J:J <2.V- ~~. rl-6ct'5
-
0/\Qpn- ~
Legal Clerk
Subscribed and sworn to before me
this ~ day of ~~". .J ."'l"'-
A.D. 20 0<)
~~A~- Notary Public
@ UNDAKROlZ
" a......AdL.. Nlnnber 732619
. . My Oo.,d.llIwIu... expires
Januory 27. 2008
OFFICIAL PUBLICATION
OROINANCE NO, 054189
AN ORrnNANCE REZOmNG PROPER.
TY FROM MEOIUM DENSITY SINGLE
FAMILY (RS-8) TO PLANNED DEvEL.
OPMENT HOUSING OVERLAY... MEDI.
UM DENSITY SINGLE FAMILY (OPDIi-
8) FOR LOTS LOCATEO ON
lONG FELLOW PLACE WITHIN THE
LONGFELLOW MANOR SUBOIVISION
W~EREAS, the ZOning Code is being
revised to make the RS-a zone primarily
a smalHot single family zone; and
WHEREAS, Longfellow Manor has been
platted and designed primarily for duplex-
ElS; and
WHEREAS, 1he Pfanning and Zoning
Commission has recommended approval
of a rezoning from RS-8 to Planned
Development Housing Overlay - 8
(OPDH-8) to allow the continuation of the
E!~is!ing pattern of duplex development
. WIthin Longfellow Manor Subdivision'
and '
WHEREA~, the Iowa City City Council
concurs With the recommendations of the
Planning and Zoning Commission.
I NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
I OF IOWA CITY, IOWA:
I'SEC~ION I APP.ROVAI The property \}
,I descr!bed below IS hereby reclassified
from ItS current zoning classification of
II AS-8 to OPDH'8, , .
Longfellow Manor, Lots 6-16
I SECTION II, .vARIATIONS Section 14-
I 6K-1 of the City Code provides that vari-
t ation~ in zoning and subdivision require-
ments may be approved for planned
) developme.nt housing ~verlays to permit
: the. c~ustenng of denSity. The following
. vanatlons from the RS..a zoning require- I
'II ments are hereby approved as part of the 1.
~' planned development housing overlay for
.': Longfellow Manor: I
a. Duplexes will be permitted. I
b, Duplexes will be allowed to face both
the public street, Longfellow Place and
the private street, Longfellow Court.' . I
SECTJON Itt ZONING MAP The
I B.uildlng Official is hereby authorized and
dJrected to change the zoning map of the
City of Iowa City, Iowa, to conform to this I
amendment upon the final passage,
approval and publication of this ordi-
nance as provided by Jaw. I
SECTION IV CE::RTIFICATION AND
RECORDING Upon passage and 'j
!3-pproval of the <?rdinance, the City Clerk I
1)$ hereby authorIZed and directed to cer- \
tify a copy of this ordinance and to record
the same, at the office of the County
Recorder of Johnson County, Iowa, at the
City's expense, aU as provided by Jaw.
SECTION V, REPEALER AU ordi-
nances and parts of ordinances in con-
flict with the provisions of this Ordinance
are hereby repealed.
SEG.TION VI SEVERABILITY If any
sectIon, provision or part of Ihe
Ordinance shall be adjudged to be invalid
or unconslilulional, such adjudication
sha~1 not affect the validity of the
Ordi~nce as a whom or any section,
prOVISion or part thereof not adjudged
invalid or unconstitutional.
SECTION VII EFFECTIVE DATE This
Ordi.nance shall be in effect aHer its final
I pass;age, approval and publication, as
prOVIded by law.
Passed and approved this 15th day of
December, 2005.
siErnest W. lehman, Mayor
Attest: -slMarian K. Karr, Gity Clerk
70805 December 28, 2005
I ~ I
-....= -....!It
......~........
t~~!:
"-:';'~_rm.'
....~
CITY OF IOWA CITY
410 East Washington 5treet
Iowa City, iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4190
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City, Iowa, this 10th day of February, 2006.
JUlie~;~ril ,~~~..\\~
Deputy City Clerk
....". A
"
Printer's Fee $ .:lJ.'ir4
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper_I times(s), on the
following dates(s):
-0 p -c .pJV\/\. ~ QV' d%..J ;t- () () 5
@~)J.pA..e )/^vJ4 -1~
egal Clerk
Subscribed and sworn to before me
this ~ dayofJ)"l:.' (l -'- ~A
A.D. 20 DS-
~~,~ Notary Public
4.i UNDA KROTZ
:\ o......A.A..., NInber 732819
. . My~I.I"""'1 Expires
.IIn8y '0, l!IXl8
\ OFFICIAL PUBLICATION
\ ORDINANCE NO. 05-4190
, AN OROINANCE REZONING PROPER-
TY FROM MEOIUM OENSITY SINGLE
\ FAMILY (RS-S) TO HIGH OENSITY SIN- \
GLE FAMILY CRS.12\ FOR _ LOTS
'LOCATED . ON DODGe STREET \
COURT WITHIN JACOB. RICORD 5
SUBDIVISION. ,
\ WHEREAS, the Planning and 2:onln~
\COmmiSSion has recommended a rS\1I-
sian to the zoning ordinance to make,' the \
AS-8 zone orimarilv a small tat ~male
family zona. \,
WHEREAS, the Planning and Zon,ing ,
Commission has recommended that por-
tions of Jacob Ricard s SubdivisiOQ \be
rezoned to RS-12 to allow continlJauonof \
the existing pattern 01 d~plex develop-
ment; and
WHEREAS, the Jowa City City Council
concurs with the recommendations of the
Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I APPROVAL The property
described below is hereby reclassified
from its current zoning classification of
AS-a to AS-12.
A Resubdivision of portions of Lots 5 and
6, Jacob Ricord's Subdivision.
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 ordi-
nance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING Upon passage and
approval of the Ordinance, the City Clerk
is hereby authorized and directed to cer-
tify a copy of this ordinance and to rl!lcord
the same, at the office of the County
Recorder of Johnson County, Iowa, at the
City's expense, all as providfi.!d by law.
SECTION IV. REPEALER': All ordi-
nances and parts of ordinances in con-
flict with the provi-sions of this Ordinance
are hereby repealed.
SECTION V. SEVERABILITY If any
section, provision or part 'of the
Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication
shall not affect the validity of the
Ordinance as a whole or any section,
provisiOn or part Ihereof not adjudged
linvalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This
I Ordinance shall be in effect after its final
I'passage, approval' and publication, as
provided by law.
Passed and approved this 15th day of
December, 2005.
stErnest W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk
170806 Deceml?er 28, 2005
'/
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I ~ j
-"",= -.....
J.~---'"
~~~~'"!.
....-;::..-.;.~_IIII."
....~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4191
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City, Iowa, this 10th day of February, 2006,
~\)~n ~~~;.~
Julie. paril -
Deputy City Clerk
"
.-
Printer's Fee $ ..J ~.LD~
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto . attached, was published in said
paper I' times(s), on the
following dates(s):
D pf .e..vnb-ev- d. t", ()6tk5
eA~~
Legal Clerk
Subscribed and sworn to before me
this :;"'t7' day of ~~
A.D. 20 D<'
y~
Notary Public
@ c...'.~732819
My Co.IIII...... ExpIres
January 27. 2IlO8
OFFICIAL PUBLICATION
I ORDINANCE NO, 05-4191
I AN ORDINANCE REZONING PROPER-
TY FROM MEDIUM DENSITY SINGLE
I FAMilY (RS-8) TO HIGH OENSITY SIN-
I GlE FAMilY (RS-1') FOR lOTS
lOCATED SOUTH AND EAST OF
WHISPERING MEADOWS DRIVE
I WITHIN THE WHISPERING MEADOWS
I SUBDIVISION.
. WHEREAS, the Planning and Zoning
I Commission has recommended a revi-
sion 10 the zoning ordinance to make the
RS-S zone primarily a small lot single
j family zone.
I WHEREAS, the Planning and Zoning
Commission has recommended that por-
I tions of, Whispering Meadows
I Subdivision be rezoned to RS-12 10 allow
continuation of the existing pattern of
1 duplex development; and
) WHEREAS, the Iowa City City Council
I concurs with the recommendations of the
I Planning and Zoning Commission.
I NOW, THEREFORE, BE IT ORDAINED
IBY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I. APPROVAL The property
described below is hereby reclassified
'i1fom its current zoning classification of
RS-8 to RS-12,
lWhispering Meadows Subdivision, Part
Two, lots 76 to 95, and lots 1j7 to 167
and Whispering Meadows Subdivision,
Part Three, lots 96 to 136.
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 ordi-
nance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING Upon passage and
lapproval of the Ordinance, the City Clerk.
is hereby authorized and directed to cer-
tify a copy of this ordinance and to record
the same, at the office of the County
\Recorder.ot Johnson County"lowa,aUhe...
City'S expense, all as provided'by'law:~-
SECTION IV. REPEALER. AU ordi-
nances and parts of ordinances in con-
flict with the provisions of this Ordinance
are hereby repealed,
Ser:TION V SEVERABILITY, If any
section, provision or part of the
Ordinance shan be adjudged to be invalid
Of uncons\i\u\\ooal, 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.
SE(';TION VI EFFECTIVF DATE. This
Ordinance shall be in effect after its final
I' passage, approval and publication, as
provided by law, . ,
Passed and approved this 15th day of
December, 2005.
slErnest W, Lehman, Mayor
Attest s/Marian K. Karr, City Clerk
70807 December 28, 2005
\;
I! j
--= -Ill)...
f~~~'"!.
~~"IIII'm__
......... ~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
)SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4192
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City, Iowa, this 10th day of February, 2006.
~~-." ~~~~.~-
Julie. paril
Deputy City Clerk
.......'
-/
Printer's Fee $ 8'-1. 3 ').
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ill # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which IS
hereto attached, was published in said
paper--.J times(s), on the
following dates(s):
o p (> ~ to -€- < d-/f'J:)...{) (j <]
Gn~Qp(. 1) ~~ ./
.
Legal Clerk
. Subscribed and sworn to before me
this ,J.~ day of->>___ .,.......)..".
A.D. 20 D~
\L-~c'S Notary Public
:i UNQAKRO'TZ 9
f.. ~ o..,.IIIIJ I ''II tunber 73281
.' . My Q".... I . I ExpIreI
JanllIY '0. 2llO8
I OFFICIAL PUBLICATION
I
ORDINANCE. NO. 05-4192 . -. '-- \
IAN ORDINANCE REZONING PROPER- '
TV FROM CENTRAL' BUSINESS SER- I
VICE (CB-') ZONE TO CENTRAL BUSI- [
NESS SUPPORT (CB-5) ZONE AND
HIGH OENSITY MULTI-FAMILY RES~
OENTIAL (RM-44) ZONE. FOR AREAS
CURRENTLY ZONED CB-2 LOCATED
SOUTH OF JEFFERSON STREET AND
EAST OF GILBERT STREET.
WHEREAS, the Planning and Zoning
Commission and the City Council has
determined that the Central Business
Service (CB-2) Zone is inconsistent with
the "ision of the Comprehensive Plan for
I areas adjacent to the Central Business
I District; and
I WHEREAS, areas zoned CB.2 need to
I be rezoned to another appropriate zoning
j designation; and
WHEREAS, the current CB-2 properties
, that front on Iowa Avenue and along Van
'Buren Street north of Washington Street
and isolated parcels surrounded by pub-
'Iic uses west of Van Buren Street contain
,a mix of larger-scale offices, retaH uses,
and institutional uses that are consistent
,with the intent of the CB-5 Zone to allow \J
'for the orderly expansion of the Central
Business District and to enhance the I
Ipedestrian orienlation of the central area
jOfthe City;
WHEREAS, the current CB-2 properties
located along the north side of Burlington
Street are suitable for CB-5 zoning due to
I'the location along a major transportation
corridor adjacent 10 downtown Iowa City;
WHEREAS, the current isolaled CB-2
iproperty located on the south side of
,Burlington Street is surrounded by high
:density multi-family zoning;
I NOW, THEREFORE, BE IT ORDAINED
lBY THE CITY COUNCIL OF THE CITY
i OF IOWA CITY, IOWA: ,
ISECTION I. APPROVAL' The property
;described below is hereby reclassified
)from its present classification of Central
Business Service (CB-2) Zone to the
zones indicated below:
Original town of Iowa City. the eastern
70 feet of lot 6 of Block 43; the north 110
feet of lot4 of Block 44; lots 7,8 of Block
45; lots 5,6,7 of Block 39; lots 2,3,4,5.
and the portions of lots 6,7 of Block 40
thai lie north of the southern boundary of
the CRI&P Railroad right of way; lols 5,6,
and a portion of .lot 7 described as
(beginning at the northwest corner of lot
7; Ihence south 150 feet, east 80 feet,
north 120 feet, west 34.8 feet, north 30
feet, and west 45,2 feet to beginning )of
Block 42 are reclassified to Central
Business Support (CB-5) Zone;
Original town of Iowa City, the eastern
105 feet of lots 7 and 8 of Lyman Cook's
Subdivision of Outlot 25 are reclassified
to High Density Multi-Family Residential
(RM-44) Zone.
,SECTION II. ZONING MAP: The City
Building Official IS hereby authorized and
. directed to change the Zoning Map of the
City of Iowa City, Iowa, 10 conform to this
amendment upon final passage,
approval and publication of this ordi-
nance as provided by law.
SECTION III CERTIFICATION AND
j RECO.RDING' T~e City Clerk is hereby I
; authOrized and directed to certify a copy
\ of this ordinance and record the same in
1~~~n~~C~o~n~~elo~~~nz t~:c~~,i .:
expense, 'upon the final passage,
approval' and publication of this ordi-
nance, as rovided b law.
I _"___
'SECTION .IV REPEALER All ordi- '
nances and parts of ordinances in con-
flict with the provisions of this Ordinance
1 are hereby repealed.
SECTION V SEVERABILITY If any
I section, provision or part of the
Ordinance shall be adjudged to be invalid
or 'unconstitutional, such adjudication
'shall not affect the. validity of the
i Ordinance as a whole or any section,
I provision or part thereof not adjudged
.' invalid or unconstitutional.
: SECTION VI EFFECTIVE DATE This
IOrdinance shall be in effect after its final
~ssage. approval and publicatlon;- as
provided by law.
Passed and approved this 15th day of
December, 2005.
sJEmest W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk
70808 December 28, 2005
.'
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I ~ 1
-~= -~
:t~~i!:'t
~~~='mi;.
..... ...
CiTY OF IOWA CiTY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319J 356-5009 FAX
www.icgov.org
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No. 05-4193
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City. Iowa, this 10th day of February, 2006.
~~-.\,,~
Julie . oparil
Deputy City Clerk
'.
Printer's Fee $ ,3.:1. '1 iJ,
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
,notice, a printed copy of which IS
hereto attached, was published in said
paper_} times(s), on the
following dates(s):
\) e. (> .c?.IVV'-1r.J € r :l g-) 'ri-o-6.5
Legal Clerk
Subscribed and sworn to before me
this ~ day of
,.-
A.D. 20 O~
v~
Notary Public
UNDA KROTZ
11'- Commission Numb€r 732619
-;.-. My Commlssio:1 E.'<P!ras
ow Januer'1 27, 2008
,
OFFICIAL PUBLICATION - :l
ORDINANCE NO. 05-4193
AN ORDINANCE REZONING PROPER-
TY FROM CENTRAL BUSINESS SER-
VICE (CB.2) ZONE TO CENTRAL BUSI-
NESS SUPPORT (CB-S) ZONE, MIXEO
USE (MU) ZONE ANO PUBLIC (P)
ZONE, FOR AREAS CURRENTLY
ZONED CB.2 LOCATED SOUTH OF \
DAVENPORT STREET AND NORTH J
OF JEFFERSON STREET.
WHEREAS, the Planning and Zoning
Commission and the City Council has
determined that the Central Business
Service (CB-2) Zone is inconsistent with
the vision of the Comprehensive Plan for
areas adjacent to the Central Business
District; and
WHEREAS, areas zoned CB-2 need to
be rezoned to another appropriate zoning
designation; and
WHEREAS, certain CB-2 properties
located along Market Street west of
Gilbert Street and at the corner of
Dubuque Street and Market Street are
larger in scale and are located adjacent
to high density multi-family zones and
existing areas zoned Central Business
Support (CB-5) and are compatible with
intended purposes of the CB-5 Zone;
WHEREAS, the property at 405/411
Market Street is adjacent to an existing
Mixed Use (MU) Zone and contains non-
conforming multi-family buildings that
contain no commercial elements on a the
ground floor, so would be more compati-
ble with uses in a Mixed Use (MU) Zone;
WHEREAS, the publicly-owned parcel
located on the north side of Market Street
is currently being utilized as a public
parking lot and should therefore be
zoned Public (P) to give notice to the
, public that it is owned by the City and
being used for publiC purposes;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
SECTION I APPROVAL' The property
described below is hereby reclassified
from its present classification of Central
Business Service (Ca-2) Zone to the
zones indicated below:
Original town of Iowa City, lots 5, 6, 7,
and the western 10 feet of the northern
75 feet of lot 8 of Block 68; and lots 2, 3,
4, of Block 59 are reclassified to Central
Business Support (CB-5) Zone;
Original town of Iowa City, lot 3 and the
westem 40 feet of lot 2, Block 46 are
reclassified to Mixed Use (MU) Zone;
Original town of Iowa City, the eastern
38.3 feet of lot 6, lot 7, and the western
39.7 feet of lot 8 of Block 58 are reclassi.
fied to Public (P).
SECTION l! ZONING MAP' The City
Building Official is hereby authorized and
I directed to change the Zoning Map of the
City of Iowa City, Iowa, to conform to this I
amendment upon final passage,
approval and publication at this ordi-
nance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING' The City Clerk is hereby
authorized and directed to certify a copy
of this ordinance and record the same in
the Office of the County Recorder,
Johnson County, Iowa, at the City's
expense, upon the final passage,
approval and publication of frns ordi-
nance, as provide.d by law.
SECTION IV. REPEALER All ordi-
nances and parts of ordinances in con-
flict with the provisions of this Ordinance
are hereby repealed.
!SECTION V -~EVERABlllTY Ifany'-'
'. section, provision or part of the
Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication
shall not affect the validity of the
Ordinance as a whole or any section,
provision or part thereof not adjudged
invalid or unconstitutional.
SECTION VI. FFFECTIVE DATE This
Ordinance shall be- in effect after its final
passage, approval and publication, as
provided by law,
Passed and approved this 15th day of
December, 2005.
j stErnest W. Lehman, Mayor
I Attest: slMarian K. Karr, City Clerk
~ 70809 December 28, 2005
\ ....
----.-- '\..
-'
I ~ I
-~= ....14'
f~~;!:'t
--="-';''ST'''lIDliit~
.....~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that
the Ordinance attached hereto is a true and correct copy of the Ordinance No, 05-4194
which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the
15th day of December, 2005, all as the same appears of record in my office and
published in the Iowa City Press-Citizen on December 28, 2005.
Dated at Iowa City, Iowa, this 10th day of February, 2006,
~.\~~~~
Julie . oparil "-
Deputy City Clerk
,
,.", ,;.
~
"
..
"
,~
Printer's Fee $~
,
, OFFICIAL PUBLICATION
I
I ORDINANCE NO. 05-4'94
I AN OROINANCE REZONING PROPER.
TY FROM MEDIUM OENSITY SINGLE
I FAMILY (RS-S) TO PLANNEO DEVEL.
OPMENT HOUSING OVERLAY - MEDI-
. UM DENSITY SINGLE FAMILY (OPOH.
i 8) FOR LOTS LOCATED ON CATSKILL I
i COURT WITHIN THE EAST HILL SUB.
, DIVISION,
i WHEREAS. the Planning and Zoning
Commission has recommended a revi-
sion to the zoning ordinance to make the
RS-a zone primarily a small lot single
family zone.
WHEREAS, the Planning' and Zoning
Commission has recommended Ihal the
East Hill Subdivision be rezoned to
OPDH.8 to allow continuation of the
existing pattern of duplex development;
and
WHEREAS, the Iowa City City Council
concurs with the recommendations of the
Planning and Zoning Commission.
NOW. THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA,
SECTION I APPROVAL The property
described below is hereby reclassified
from its current zoning classification of
RS-S to OPDH-S.
East Hill Subdivision
SECTION /I. VARIATIONS Section 14-
6K.1 of the City Code provides that vari-
ations in zoning and subdivision require.
ments may be approved for planned
development housing overlays to permit
the clustering of density. The following
variations from the RS-S zoning require-
ments are hereby approved as part of the
planned development housing overlay for
East H))J Subdivision:
a. Duplexes will be permitted.
b. Dimensional standards will be those of
the RS-S zone that were in place as of
October 1. 2005. Any subsequent
requirements for garage placement or
I the percentage of a faQMe of a street.
facing, garage do not apply.
, SECTION III. ZONING MAP The
I Building Official is hereby authorized and
I directed to change the zon(ngmap of the
City of Iowa City, Iowa, to conform to this
amendment upon the final passage,
approval and publication of this ordi-
nance as provided by law.
SECTION IV CERTIFICATION AND
AECOROING Upon passage and
approval of the Ordinance, the City Clerk
is hereby authorized and directed to cer-
Iffy a copy of this ordinance and to record
the same, at the office of the County
Recorder of Johnson County, Jowa, at the
City's expense, an as provided by law.
SECTION V. REPEALER All ordi-
nances and parts of ordinances in con.
flict with the proviSions of this Ordinance.
are hereby repealed.
SECTION VI. SEVERABILITY If any
section, provision' or part of the
I Ordinance shall be adjudged to be invalid
i or unconstitutional, such adjudication
I shall not affect the validity of the
, Ordinance as a whole or any section,
provision or part thereof not adjudged
invalid or unconstitutional.
SECTION VII EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law. I'
Passed and approved this 15th day of
December, 2005.
slEmest W. Lehman, Mayor
Attest: slMarian K. Karr, City Clerk I
70S10 December 28, 2005
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS-CITIZEN
FED. ID # 42-0330670
I,
Orlene Maher, being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS-CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper I tirnes(s), on the
following dates(s):
D,o.L': e.-vn.-0 <2r J-f'/ :N)()$
(),~.m(l~
Legal Clerk
Subscribed and sworn to before me
this :J-~ day of (),..n>~ J.. JPA-
A.D. 20 f)~
y~~
Notary Public
~.
l. Con 1'>.
. .
, ,
\,