HomeMy WebLinkAbout2012 Ordinances� r
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356 -5000
(3 19) 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. 12 -4461 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of
January, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on January 19, 2012.
Dated at Iowa City, Iowa, this 3rd day of February 2012.
Juli . Voparil
Deputy City Clerk
Printer's Fee $ c}a.I -1
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, R oceF 5�t)-ry ,
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):
6 AB14uALV i°t _ LoIL
Legal C k
Subscribed and sworn to
before me this /9'l`, day of
A.D. 20 /,4,.
Notary Public
mac LINDA KROTZ
A 4L
Commission Number 7MJ
Mlr Cwam*ion DO"
27, 2V14 J
OFFICIAL PUBLICATION
SECT( N . III. CONDITIONAL
ORDINANCE NO. 12 -4461
ZONING AGREEMENT The mayor
AN ORDINANCE
is hereby authorized and directed to
CONDITIONALLY REZONING
sign, and the City Clerk attest, the
APPROXIMATELY 0.88 ACRES
Conditional Zoning Agreement
OF PROPERTY LOCATED AT
between the property owner and
2218 ROCHESTER AVENUE,
the City, following passage and
LOW DENSITY SINGLE FAMILY
approval of this Ordinance.
RESIDENTIAL (RS -5) TO LOW
I jv. GERTIFIGATION AND
DENSITY MULTI FAMILY
Upon passage and
RESIDENTIAL (RM -12). (REZ11-
approval of the Ordinance, the City
00009)
Clerk is hereby authorized and
WHEREAS, the applicant,
directed to certify a copy of this
Apartments Downtown, LLC, has
ordinance, and record the same in
requested a rezoning of property
the Office of the County Recorder,
located at 2218 Rochester Avenue
Johnson County, Iowa, at the
from Low Density Single Family
Owner's expense, upon the final
Residential (RS -5) to Low Density
passage, approval and publication
Multi Family Residential (RM -12);
of this ordinance, as provided by
and
law.
WHEREAS, the Comprehensive
SECTION V. RFPEALER. All ordi-
Plan indicates that indicates that
names and parts of ordinances in
the property is appropriate for Low
conflict with the provisions of this
to Medium Density Multi - Family
Ordinance are hereby repealed.
Residential development; and
SECTION VI . SEVFRABII ITY If any
WHEREAS, the Planning and
section, provision or part of the
Zoning Commission has the
Ordinance shall be adjudged to be
reviewed the proposed rezoning
invalid or unconstitutional, such
and determined that it complies
adjudication shall not affect the
with the Comprehensive Plan
validity of the Ordinance as a whole
appropriate vehicle driveway and
or any section, provision or part
access, the addition of a cross
thereof not adjudged invalid or
access easement; and general con-
unconstitutional.
formance with the concept site
SECTION VII. EFFECTIVE DATE
plan; and
This Ordinance shall be in effect
WHEREAS, Iowa Code §414.5
after its final passage, approval and
(2011) provides that the City of Iowa
publication, as provided by law.
City may impose reasonable condi-
Passed and approved this 10th
tions on granting an applicant's
day of January, 2012.
rezoning request, over and above
s/Matthew J. Hayek, Mayor
existing regulations, in order to sat-
Attest: s/Marian K. Karr, City Clerk
isfy public needs caused by the
requested change; and
CONDITIONAL ZONING
WHEREAS, the owner and appli-
AGREEMENT
cant has agreed that the property
THIS AGREEMENT is made
shall be developed in accordance
between the City of Iowa City, Iowa,
with the terms and conditions of the
a municipal corporation (hereinafter
Conditional Zoning Agreement
"City ") and Apartments Downtown,
attached hereto to ensure appropri-
LLC (hereinafter "Owner ").
ate development in this area of the
WHEREAS, Owner is the legal title
city.
holder of approximately 0.88 acres
NOW, THEREFORE, BE IT
of property located at 2218
ORDAINED BY THE CITY COUNCIL
Rochester Avenue; and
OF THE CITY OF IOWA CITY,
WHEREAS, the Owner has
IOWA:
requested the rezoning of said
SECTION I APPROVAL. Subject to
property from Low Density single
the Conditional Zoning Agreement
Family Residential (RS -5) to Low
attached hereto and incorporated
Density Multi Family Residential
herein, property described below is
(RM -12) zone; and
hereby reclassified from its current
WHEREAS, the Planning and
zoning designation of RS -5 to
Zoning Commission has deter -
RM-12:
mined that, with appropriate condi-
Auditor's Parcel 2000020, in
tions regarding appropriate vehicle
accordance with Plat thereof
driveway and access, the addition
Recorded in Plat Book 43, at Page
of a cross access easement, and
320, of the Records of the
general conformance with the con -
Johnson County Recorder's
cept site plan, the requested zoning
Office.
Containing 0.07 Acre.
is consistent with the
Comprehensive Plan; and
And Also:
WHEREAS, Iowa Code §414.5
Auditor's Parcel 2000079, in
(2011) provides that the City of Iowa
accordance with Plat thereof
City may impose
pose reasonable c
Recorded in Plat Book 43, at Pa Sae
n
lions on granting an applicant's
ant's
321, of the Records of the
rezoning request, over and above
Johnson County Recorder's
existing regulations, in order to set-
Office.
I* public needs caused by the
Containing 0.81 Acre.
requested change; and
Resultant Rezoning Parcel con-
WHEREAS, the Owner acknowl-
tains 0.88 Acre, and is subject to
edges that certain conditions and
easements and restrictions of.
restrictions are reasonable to
SECTION 11, ZONING MAP. The
ensure the development of the
building official is hereby authorized
property is consistent with the
and directed to change the zoning
Comprehensive Plan and the need
map of the City of Iowa City, Iowa,
for neighborhood compatibility and
to conform to this amendment upon
traffic safety; and
the final passage, approval and
WHEREAS, the Owner agrees to
publication of the ordinance as
develop this property in accordance
approved by law.
with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consider-
ation of the mutual promises con-
tained herein, the parties agree as
follows:
1. Apartments Downtown, L.L.C. is
the legal title holder of the prop-
erty legally described as:
Auditor's Parcel 2000020, in
accordance with Plat thereof
Recorded in Plat Book 43, at
Page 320, of the Records of the
Johnson County Recorder's
Office.
Containing 0.07 Acre.
And Also:
Auditor's Parcel 2000079, in
accordance with Plat thereof
Recorded in Plat Book 43, at
Page 321, of the Records of the
Johnson County Recorder's
Office.
Containing 0.81 Acre.
Resultant Rezoning Parcel con-
tains 0.88 Acre, and is subject to
easements and restrictions of
record
2. The Owner acknowledges that
the City wishes to ensure confor-
mance to the principles of the
Comprehensive Plan and the
Central district plan. Further, the
parties acknowledge that Iowa
Code §414.5 (2011) provides
that the City of Iowa City may
impose reasonable conditions
on granting an applicant's rezon-
ing 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,
Owner agree that development
of the subject property will con-
form to all other requirements of
the zoning chapter, as well as the
following conditions:
a. Vehicular access to the multi-
family structure shall be pro-
vided via Rochester Avenue,
in a location shown on the
concept site plan to mitigate
traffic conflicts at the inter-
section of Rochester Avenue
and First Avenue. No vehicu-
lar access shall be provided
from First Avenue;
b. Owner shall grant a 25' wide
vehicular access easement
for the benefit of the property
locally known as 2208
Rochester Avenue in the loca-
tion shown on the attached
concept site plan;
c. General compliance with the
concept site plan attached
hereto and made part of this
agreement by this reference.
2. The Owner and City acknowl-
edge that the conditions con-
tained herein are reasonable
conditions to impose on the land
under Iowa Code §414.5 (2011),
and that said conditions satisfy
public needs that are caused by
the requested zoning change.
3. The Owner and City acknowl-
edge that in the event the sub-
ject property is transferred, sold,
redeveloped, or subdivided, all
redevelopment will conform with
the terms of this Conditional
Zoning Agreement.
�) �. a
8
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 acknowledge
that this agreement shall inure to
the benefit of and bind all suc-
cessors, representatives, and
assigns of the parties.
The Owner acknowledge that
nothing in this Conditional
Zoning Agreement shall be con-
strued to relieve the Owner or
Applicant from complying with
all other applicable local, state,
and federal regulations.
The parties agree that this
Conditional Zoning Agreement
shall be incorporated by refer-
ence into the ordinance rezoning
the subject property, and that
upon adoption and publication
of the ordinance, this agreement
shall be recorded in the Johnson
County Recorder's Office at the
Applicant's expense.
Dated this 10th day of January,
2012.
CITY OF IOWA CITY
s/Matthew J. Hayek, Mayor
Attest:
s/Marian K. Karr, City Clerk
APARTMENTS DOWNTOWN, INC.
OWNER
s/James A. Clark
January 19, 2012
N
ORS
=L
120
iawr ctrrrx —
Julie Voparil
From: Julie Voparil
Sent: Friday, February 03, 2012 10:48 AM
To: rshalla @press - citizen.com'
Cc: legals @press - citizen.com
Subject: FW: Discrepancy in ordinance published
Attachments: 20120203104017953.pdf; ord12 -4461 Rezoning 2218 RochesterAve.doc
Lisa,
I noted that when I was reconciling my monthly publications that Ordinance 12 -4461 published on 1/19/12 had some
discrepancies.
I am attaching what was published in the newspaper and what I sent in for publication. The discrepancy noted was in the
numbering on pg. 2 after a,b,c. Should have been numbers 4, 5, 6, 7, 8. It appears that the text is OK and I am not asking that
this be republished.
However, would it help if, in the future, I ask that extra spaces NOT be taken out? (I know that sometimes with automatic
numbering spaces taken out sometimes changes the numbering sequence.)
Please let me know.
Julie Voparil
City of Iowa City
City Clerk Office
410 E. Washington Street
Iowa City, IA 52240
(319) 356 -5040
I r i
4 1 7A
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 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. 12 -4462 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of
January, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on February 2, 2012.
Dated at Iowa City, Iowa, this 8th day of March 2012.
Julie <. Voparil
Deputy City Clerk
Printer's Fee $ a 3
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, _RQIf,R 5"w P+r,Qrz ,
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):
CGR 1(a k `( 2- Za L Z
Legal Cl
Subscribed and sworn to
efor F me this _ -2 day of
A.D. 20_ ,2
Notary Public
LINDA KROTZ
Commission Number 732619]
My Commissoor► Expires
a•
January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4462
ORDINANCE AMENDING TITLE
4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS
AND RESTRICTIONS, SECTION
8, PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, Subsection
B, TO AMEND THE
REQUIREMENTS FOR NON -BAR
AND ENTERTAINMENT VENUE
EXCEPTIONS.
WHEREAS, the Partnership for
Alcohol Safety (PAS) has made a
series of proposals to the City for
amending the City's Under 21 ordi-
nance; and
WHEREAS, the PAS proposals are
largely geared toward leveling the
playing field for bars and non -bars
with liquor licenses and exception
certificates; and
WHEREAS, the PAS recommen-
dations come with the a significant
amount of support from the bar
community; and
WHEREAS, after the passage of
time under the Under 21 ordinance
the City has seen the need to make
some minor amendments to
improve the ordinance in further-
ance of Council intent; and
WHEREAS, mandating that sev-
eral criteria and standards be set
by Council via resolution will allow
for greater Council flexibility speed
with which to respond to problems
as they develop; and
WHEREAS, it is in the best interest
of the City to adopt this amend-
ment.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS.
ORDINANCE AMENDING TITLE
4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, Subsection B,
is hereby amended by deleting it in
its entirety and replacing it with the
following language:
A. However, the provisions of sub-
section A of this section shall not
apply when: (Ord. 03 -4073, 5 -6-
2003, eff. 8 -1 -2003)
1. The person under the legal age
is an employee of the license or
permit holder, or performing a
contracted service for the license
or permit holder on that premises,
and is on the premises during his
or her scheduled work hours.
2. The person under the legal age
is accompanied by a parent,
guardian, spouse or domestic
partner registered as such under
section 2 -6 -3 of this code who is
the legal age or older. (Ord.
03 -4073, 5 -6 -2003, eff. 8 -1 -2003;
amd. Ord. 10 -4388, 4 -6 -2010, eff.
6 -1 -2010)
3. The licensee or permittee
applies for and qualifies for an
exception certificate from the
Chief of Police, or his or her des-
ignee, as follows:
a. A licensee or permittee whose
primary business purpose is not
the sale of alcoholic beverages,
wine or beer may qualify for an
exception by filing with the City
Clerk a verified statement from an
accountant which establishes
that on average over a calendar
year more than fifty percent
(50 %) of the licensee's or permit -
tee's gross sales on the premises
are from the sale of goods or
services other than alcoholic bev-
erages, wine or beer. Income
from fees charged to gain entry to
or remain on the premises, such
as cover charges, as well as drink
mixes, or any part of an alcoholic
beverage as defined in chapter
123 of the state code are to be
counted as alcohol sales. Any
purchases required to gain entry
shall be considered cover charg-
es. Ticket sales for any event
performed on stage in a theater in
which the entire audience area is
consistent with traditional theater
seating shall be counted as non -
alcohol sales. The statement
shall recite the actual percentage
of non - alcohol sales, as defined
herein, and be based on records
made in the regular course of the
licensee's or permittee's busi-
ness. In order to qualify for an
exception certificate, applicants
must possess a trailing twelve
(12) month Possession of Alcohol
Under the Legal Age (PAULA)
ratio below the allowable limit, as
defined and set by City Council
by resolution.
b. In addition to the aforemen-
tioned statement, proof of qualifi-
cation for the exception may
include the business records on
which the statement is based,
profit and loss statements, state
and federal tax records, applica-
tions for dramshop insurance and
audits performed to determine
dramshop insurance premiums,
and receipts from vendors for
goods purchased, which records
shall be made available to the
Chief of Police or designee for
review upon request. The Chief
of Police or designee may require
an audit of the establishment by
an auditor selected by the Chief
of Police or designee, which audit
will be performed at the expense
of the applicant. In that event,
the applicant must submit a
deposit to the City in an amount
set by City Council via resolution
for the payment of the audit. At
the conclusion of the audit, any
additional costs over the deposit
amount must be paid by the
applicant before an application
will be considered further. Any
surplus funds from the deposit
will be promptly returned to the
applicant. Failure to submit the
deposit or pay costs of the audit
will result in a denial of the appli-
cation. The factors the Chief of
Police or designee will consider
in determining whether to require
an audit will be established by
resolution of the City Council, but
the final decision to require an
audit will be that of the Chief of
Police or designee.
c. If the Chief of Police or desig-
nee determines that the licensee
has satisfied the above require-
ments an exception certificate
shall be issued.
d. An exception certificate shall
be effective for the duration of the
alcoholic liquor control license,
wine or beer permit.
e. A new licensee or permittee, as
opposed to one applying for a
renewal of an existing license or
permit, whose primary business
purpose is not the sale of alco-
holic beverages, wine or beer
may obtain a temporary six (6)
month exception certificate if the
licensee's or permittee's business
plan anticipates sales as required
by subsection B3 of this section
and the licensee or permittee
submits an affidavit which details
the nature of the new establish-
ment and the anticipated per-
centage of sales of food and
nonalcoholic beverages. At the
end of the six (6) month period
the licensee or permittee may
obtain an exception certificate for
the remainder of the duration of
the license or permit in accor-
dance with subsections B3a
through B3c of this section if
sales during the six (6) month
period support an exception, and
the licensee or permittee has met
the PAULA ratio requirement ref-
erenced in 63a. No more than
one (1) temporary exception cer-
tificate may be granted for any
location within a three (3) year
period. Applicants who sign an
affidavit pursuant to this subpara-
graph but fail to secure renewal
of the exception certificate fol-
lowing the six (6) month certifi-
cate for the subject location may
not be awarded an exception
certificate for any other new loca-
tion within three (3) years of the
granting of the subject six (6)
month certificate.
f. To be effective in excepting the
licensee or permittee from the
prohibition in subsection A of this
section, the exception certificate
issued by the Chief of Police or
designee must be posted at
every entrance to the licensed or
permitted establishment in view
of patrons of the licensed or per-
mitted establishments'. In addi-
tion, the licensee or permittee
must provide staff of sufficient
number and capability to monitor
all patrons to prevent underage
possession of alcohol. (Ord.
03- 4073,5 -6 -2003, eff. 8-1-2003)
g. Revocation: Exception certifi-
cates may be revoked by the
Chief of Police, or designee, for
good cause. Licensees or permit -
tees may appeal a revocation to
the City Manager or designee by
filing a written notice of appeal
with the City Clerk within ten (10)
days of the mailing, by first class
mail, of the revocation decision.
Appeals will ordinarily be heard
no later than fourteen (14) days,
and in no event later than thirty
(30) days, following the filing of an
appeal in the office of the City
Clerk. In the event of a revoca-
tion, the licensee may continue
to operate with their exception
certificate until the ten (10) day
appeal period has passed, or in
the event of an appeal to the City
Manager or designee, until after
the City Manager or designee has
issued his or her ruling on appeal.
In the event the City Manager or
designee affirms the revocation,
the establishment's exception
certificate will expire seven (7)
days from the mailing, by first
class mail, of the appeal decision.
Good cause for revocation
includes, but is not limited to, the
following:
(1) Where a preponderance of the
evidence shows that the licensee,
permittee, or any employees or
agents thereof, sold, gave, or
delivered alcohol to any patron
under the legal drinking age more
than once within any five (5) year
period; or
(2) Where at the end of any month
the venue's trailing twelve (12)
month PAULA ratio, as deter-
mined solely by the Chief of
Police, rises above the maximum
allowed PAULA ratio, as estab-
lished by City Council by resolu-
tion; or
(3) Where the establishment has
failed to cooperate fully with the
police department; or
(4) Where continued operation
under the exception certificate
would be detrimental to the safe-
ty, health, and welfare of the resi-
dents of the city.
(5) Revocations shall last twelve
(12) months. Following the peri-
od of revocation, the applicant
may re -apply for an exception
certificate.
4. The person under the legal age
is on the premises during a time
that the licensee or permittee has,
in accordance with a written notice
and plan given in advance to and
approved by the Chief of Police or
designee, suspended dispensing
alcoholic beverages on the
licensed premises. Said plan must
provide a method by which alco-
holic beverages will be out of sight
and reach of patrons. If the plan is
approved, the Chief of Police or
designee shall issue a certificate
approving the event, which certifi-
cate shall be posted at every
entrance to the licensed establish-
ment in view of patrons of the
licensed or permitted establish-
ment. It shall be the strict duty of a
licensee or permittee permitting
such persons under the legal age
onto the licensed premises pursu-
ant to such a plan, and the agents
and employees of the licensee or
permittee, to prevent persons
under the legal age from consum-
ing or possessing alcoholic bever-
ages on said premises. (Ord.
03 -4073, 5 -6 -2003, eff. 8 -1 -2003;
amd. Ord. 10 -4388, 4 -6 -2010, eff.
6 -1 -2010)
5. The person under the legal age
is a patron of an "authorized entity"
which has entered into an agree-
ment with the city for use of an
"authorized site" in a city park,
pursuant to subsection 4 -5 -3D of
this chapter. (Ord. 04 -4123, 4 -20-
2004; amd. Ord. 10 -4388, 4 -6-
2010, eff. 6 -1 -2010)
6. The person under the legal age
is on the alcohol free portion of the
premises during a time that the
licensee or permittee has, in accor-
dance with a written notice and
plan given in advance to and
approved by the Chief of Police or
designee, divided the premises
into alcohol free and alcohol per-
mitted sections. Said plan must
provide a method by which alco-
holic beverages will be out of sight
and reach of underage patrons. If
the plan is approved, the Chief of
Police or designee shall issue a
certificate approving the event,
which certificate shall be posted at
every entrance to the licensed
establishment in view of patrons of
the licensed or permitted establish-
ment. It shall be the strict duty of a
licensee or permittee permitting
such persons under the legal age
onto the licensed premises pursu-
ant to such a plan, and the agents
and employees of the licensee or
permittee, to prevent persons
under the legal age from consum-
ing or possessing alcoholic bever-
ages on said premises. In addition,
the following requirements must be
met:
a. The physical setup and separa-
tion of the alcohol free and alcohol
permitted portions of the estab-
lishment must earn prior approval
by the director of housing and
inspection services, or designee,
for matters of safety and code
compliance, including, but not
limited to, occupancy, bathrooms
and exits.
b. Both the alcohol free and alco-
hol permitted portions of the
establishment shall include city
code compliant bathrooms.
c. The director of housing and
inspection services may, but is not
required to, allow those establish-
ments with a PAULA ratio under
that set by City Council by resolu-
tion during the trailing twelve (12)
months prior to the event applica-
tion, to permit patrons of both the
alcohol free and alcohol permitted
spaces to share the same bath -
roorhs, as long as the establish-
ment strictly enforces a rule pro-
hibiting alcoholic beverages in the
bathrooms. For purposes of this
section, the PAULA ratio shall be
based on the twelve (12) PAULA
reports immediately preceding the
licensee's event application, all as
calculated by the Chief of Police,
or designee.
d. The alcohol free and alcohol
permitted, portions of the estab-
lishment must be separated by
one hour construction walls and
doors, as approved by the director
of housing and inspection servic-
es, or designee, or comparable
barriers, as approved by the Chief
of Police, or designee.
e. It shall be the strict duty of the
licensee to exclude those under
legal age from the alcohol permit-
ted area, and to exclude all alco-
holic beverages from the alcohol
free area.
f. All patrons of legal age must be
marked with a wristband indicat-
ing they are of age. All patrons
under legal age must be marked
indicating they are under legal
age. (Ord. 10 -4411, 10 -26 -2010)
7. The licensee or permittee
applies for, qualifies for, and is
granted an entertainment venue
exception certificate:
a. Requirements: In order for an
entertainment venue exception
certificate to be issued by the
Chief of Police, or designee, the
establishment must demonstrate,
to the satisfaction of the Chief of
Police, or designee, that all the
following requirements have been
met:
(1) The venue has hosted and will
continue to host shows on at
least one hundred fifty (150) cal-
endar days each year; and
(2) The venue has a permanently
installed (not risers) and dedicat-
ed performance stage of at least
eight feet by six feet (8' x 6') in
dimension, which shall never be
used for any purpose other than
by performers during shows; and
(3) The venue must distribute at
least fifty percent (50 %) of any
fees charged to gain entry to or
remain on the premises, includ-
ing, but not limited to, cover
charges and ticket sales, from the
period of opening until closing, to
the show performer(s) within forty
eight (48) hours of the completion
of the show; and
(4) The venue subscribes to at
least one industry tracking ser-
vice, such as Pollstar Pro, or
comparable alternative; and
(5) The venue has a PAULA ratio,
as determined solely by the Chief
of Police or designee, of no
greater than that allowed by City
Council, as established by reso-
lution; and
(6) The venue has permanently
installed professional light and
sound; and
(7) The venue marks all patrons of
legal drinking age with a wrist-
band, and marks all patrons
under legal drinking age with
either a wristband of a different
color from the legal age patrons,
or permanent marker on the
hand; and
(8) The venue provides staff of
sufficient number and capability
to monitor all patrons at all
shows; and
(9) The venue provides to the
Chief of Police, or designee, a
report of all upcoming show
dates at least seven (7) days prior
to any show; and
(10) The venue provides to the
Chief of Police, or designee,
reports detailing all dates on
which a show took place, includ-
ing the name of the performer(s)
for each show, which reports
shall be due no later than the
ninetieth, one hundred eightieth,
two hundred seventieth, and
three hundred sixtieth day follow-
ing issuance of the entertainment
venue exception certificate; and
(11) The venue employs at least
one salaried employee responsi-
ble for booking shows by per-
formers, and promptly provides
both the employee name and
most recent salary paystub upon
request from the city; and
(12) The venue employs only
TIPS certified bartenders and
servers on any show date; and
(13) The venue allows city inspec-
tion, at any time and for any rea-
son, of the venue, professional
sound and lighting equipment,
and show and performer financial
records, including, but not limited
to, show settlement sheets.
b. Duration: Entertainment venue
exception certificates shall be
valid for one year, or until expira-
tion of the premises liquor license,
whichever is sooner.
c. New Businesses: New busi-
nesses may be granted an enter-
tainment venue exception certifi-
cate by satisfying all requirements
of subsection B7a of this section,
save subsections B7a(1) and
B7a(5) of this section. For estab-
lishments previously operating
under the same or substantially
similar ownership and /or manage-
ment, the PAULA ratio restrictions
of subsection B7a(5) of this sec-
tion apply, and will be utilized in
assessing the establishment's
application. For establishments
not previously meeting the mini-
mum show day requirements of
subsection B7a(1) of this section,
a credible business plan must be
accompanied by a notarized affi-
davit by the establishment owner
(or largest shareholder) attesting
that the establishment will meet all
requirements of subsection B7a of
this section.
d. Revocation: Entertainment
venue exception certificates may
be revoked by the Chief of Police,
or designee, for good cause.
Venues may appeal a revocation
to the City Manager or designee
by filing a written notice of appeal
with the City Clerk within ten (10)
days of the mailing, by first class
mail, of the revocation decision.
Appeals will ordinarily be heard no
later than fourteen (14) days, and
in no event later than thirty (30)
days, following the filing of an
appeal in the office of the City
Clerk. In the event of a revocation,
the venue may continue to oper-
ate as an entertainment venue
until the ten (10) day appeal period
has passed, or in the event of an
appeal to the City Manager, or
designee, until after the City
Manager, or designee, has issued
his or her ruling on appeal. In the
event the City Manager affirms the
revocation, the venue's entertain-
ment venue exception privileges
will cease seven (7) days from the
mailing, by first class mail, of the
appeal decision. Good cause for
revocation includes, but is not
limited to, the following:
(1) Where a preponderance of the
evidence shows that the licensee,
permittee, or any employees or
agents thereof, sold, gave, or
delivered alcohol to any patron
under the legal drinking age more
than once within any five (5) year
period; or
(2) Where at the end of any month
the venue's trailing twelve (12)
month PAULA ratio, as deter-
mined solely by the Chief of
Police, rises above the maximum
allowed PAULA ratio set by City
Council, as established by reso-
lution; or
(3) Where the venue has failed to
cooperate fully with the police
department; or
(4) Where the venue has failed to
maintain compliance with all
requirements of subsection B7a
of this section; or
(5) Where continued operation
under the entertainment venue
exception certificate would be
detrimental to the safety, health,
and welfare of the residents of
the city.
(6) Revocations shall last twelve
(12) months. Following the peri-
od of revocation, the applicant
may re-apply for an exception
certificate.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITI. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV, EFFECTIVE DATE.
This Ordinance shall be effective
May 1st, 2012.
Passed and approved this 24th
day of January, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City
Clerk.
vc.6000002375 February 2, 2012
�_ 'w
� r i
14 M06
.ai._
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 3S6 -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. 12 -4463 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
February, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 1, 2012.
Dated at Iowa City, Iowa, this 2nd day of April 2012. �\
K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, R )kj,e SuJ "-r ..
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):
i
Subscribed and sworn to
before me this 1hS/- day of
.D. 20�_-
Notary Public
Wflat LINDA KROTZ
Commission Nt rdw 73261
o� My JComrrM'ssl �ot1 � a
pim
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4463
ORDINANCE REZONING
APPROXIMATELY 4.3 ACRES
LOCATED AT 1920 Prairie du
Chien Road FROM Low Density
Single Family Residential (RS -5)
TO Rural Residential (RR -1).
(REZ11- 00019)
WHEREAS, the applicants,
Gregory and Lorie Ginneberge,
have requested a rezoning of prop-
erty located at 1920 Prairie du
Chien Road (including the property
located at 1880 Prairie du Chien
Road) from Low Density Single
Family (RS -5) to Rural
Residential(RR -1); and
WHEREAS, the Comprehensive
Plan indicates that the property is
appropriate as Public /Private Open
Space; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning
and has determined that it com-
plies with the Comprehensive plan.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL, Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of Low Density Single Family
(RS -5) to PARCELIONEal (RR -1):
1920 Prairie Du Chien Road, Iowa
City, Iowa, legally described as:
LOT SEVEN. (7) IN YODER
SUBDIVISION OF PARCEL IN THE
SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 80
NORTH, RANGE 6 WEST OF THE
5TH P.M., ACCORDING TO THE
PLAT THEREOF RECORDED IN
PLAT BOOK 4, PAGE 408, PLAT
RECORDS OF JOHNSON
COUNTY, IOWA, EXCEPTING
FROM SAID LOT 7 ALL THAT PART
THEREOF CONDEMNED BY THE
STATE OF IOWA FOR HIGHWAY
PURPOSES, AS SHOWN BY
CONDEMNATION PROCEEDINGS
RECORDED IN BOOK 254, PAGE
79, IN THE OFFICE OF THE
RECORDER OF JOHNSON
COUNTY, IOWA, AND
BEGINNING AT A CONCRETE
MONUMENT PURPORTING TO BE
THE SOUTHEAST CORNER OF
SECTION 34, TOWNSHIP 80
NORTH, RANGE 6 WEST OF THE
5TH P.M.; THENCE S 89 °01'E,
12.25 FEET; THENCE NO °33'W,
337.15 FEET; THENCE N87 °32'W
648.7 FEET; THENCE S 4 °41'E,
102.98 FEET; THENCE S 78 °23'W,
45 FEET; THENCE 87 °24'E, 436.75
FEET; S 1 "41'W, 268.84 FEET;
THENCE S 89 °01'E, 246.38 FEET
TO THE PLACE OF BEGINNING
AND COMPRISING AN AREA OF
2.812 ACRES MORE OR LESS,
AND
A PARCEL OF LAND LOCATED IN
THE SE 1/4 SE 1/4 OF SECTION 34,
TWP. 80 NORTH, RANGE 6 WEST
OF THE 5TH P.M., JOHNSON
COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT
THE SE CORNER OF SAID
SECTION 34, THENCE WEST
669.0 FEET ALONG THE SOUTH
LINE OF SAID SECTION, THENCE
NORTHERLY 54.7 FEET ALONG A
573.0 FT. RADIUS CURVE,
CONCAVE EASTERLY AND
TANGENT TO THE FOLLOWING
COURSE, THENCE N 8 "24 1/2 'W
114.3 FT., THENCE EAST 51.4
FEET ALONG GRANTEE'S SOUTH
PROPERTY LINE, THENCE S
5 °03'E 103.0 FEET, THENCE S
76 "34 1/2 'W 45.0 FEET TO THE
POINT OF BEGINNING,
CONTAINING 0.12 ACRES, MORE
OR LESS.
ALL OF THE ABOVE IS SUBJECT
TO EASEMENTS, AGREEMENTS,
COVENANTS, AND
RESTRICTIONS OF RECORD.
EXCEPTING THEREFROM:
AUDITOR'S PARCEL #2006008
BEING PART OF LOT 7 IN YODER
SUBDIVISION AND PART OF
LAND DESCRIBED AS THE
WOODBURN *PARCEL IN SURVEY
RECORDED IN BOOK 8, PAGE 71
IN THE SE 1/4 OF SECTION 34 AND
ALSO BEING PART OF THE SW 1/4
,1
OF SECTION 35 ALL IN TOWNSHIP
80 NORTH, RANGE 6 WEST OF
THE 5TH P.M., IOWA CITY,
JOHNSON COUNTY, IOWA
DESCRIBED AS:
BEGINNING AT THE SE CORNER
OF SAID SECTION 34; THENCE S
89 °52'38 "W, 246.31 FEET;
THENCE N 00 °41'30 "E, 268.87
FEET; THENCE S 86 °22'17 "W,
436.88 FEET TO THE EASTERLY
RIGHT OF WAY LINE OF PRAIRIE
DU CHIEN ROAD; THENCE
ALONG SAID RIGHT OF WAY N
07 °40'48 "W, 60.15 FEET; THENCE
N 86 022'17 "E 337.52 FEET;
THENCE N O6 °06'43 "W, 135.14
FEET TO THE SOUTHERLY RIGHT
OF WAY LINE OF INTERSTATE 80;
THENCE ALONG SAID RIGHT OF
WAY S 69 °40'13 "E, 86.54 FEET;
THENCE S 87 °56'12 "E, 99.64
FEET; THENCE S 88 °26'25 "E,
182.71 FEET; THENCE S
02 °42'55 "E, 80.84 FEET; THENCE
01 °41'11 "E, 336.71 FEET; THENCE
S 89 040'37 "W, 12.46 FEET TO THE
POINT OF BEGINNING. SAID
PARCEL CONTAINS 3.31 ACRES
AND IS SUBJECT TO EASEMENTS
OF RECORD.
PARCEL TWO
AUDITOR'S, PARCEL # 2006008
BEING PART OF LOT 7 IN YODER
SUBDIVISION AND PART OF
LAND DESCRIBED AS THE
WOODBURN TRACT IN SURVEY
RECORDED IN BOOK 8, PAGE 71
IN THE SE 1/4 OF SECTION 34
AND ALSO BEING PART OF THE
SW 1/4 OF SECTION 35 ALL IN
TOWNSHIP 80 NORTH, RANGE 6
WEST OF THE 5TH P.M., IOWA
CITY, JOHNSON COUNTY, IOWA
DESCRIBED AS:
BEGINNING AT THE SE CORNER
OF SAID SECTION 34; THENCE S
89 052'38" W, 246.31 FEET;
THENCE N 00 041'30" E, 268.87
FEET; THENCE S 86 °22'17" W,
436.88 FEET TO THE EASTERLY
RIGHT OF WAY LINE OF PRAIRIE
DU CHIEN ROAD; THENCE
ALONG SAID RIGHT OF WAY N
07 °40'48" W, 60.15 FEET; THENCE
N 86 022'17" E, 337.52 FEET;
THENCE N 06 006'43" W, 135.14
FEET TO THE SOUTHERLY RIGHT
OF WAY LINE OF INTERSTATE 80;
THENCE ALONG SAID RIGHT OF
WAY S 69 040'13" E, 86.54 FEET;
THENCE S 87 056'12" E, 99.64
FEET; THENCE S 88 °26'25" E,
182.71 FEET; THENCE S 02 042'55"
E, 80.84 FEET; THENCE S
01 041'11" E, 336.71 FEET;
THENCE S 89 040'37" W, 12.46
FEET TO THE POINT OF
BEGINNING. SAID PARCEL
CONTAINS 3.31 ACRES AND IS
SUBJECT TO EASEMENTS OF
RECORD.
SECTION II ZONING MAP, The
Building Inspector is hereby autho-
rized 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 by law.
SECTION III, CERTIFICATION
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 County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV.' REPEALER. All
ordinances and parts of ordinances
In conflict with the provisions of
this Ordinance are, hereby repealed.
SECTION V SFVERABILITY. 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 6r part
thereof not adjudged invalid or
unconstitutional.
SECTION Vl. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 21 st
day of February, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PG8000003" March 1, 2012
Ilk
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. 12 -4464 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
February, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 1, 2012.
Dated at Iowa City, Iowa, this 2nd day of April 2012.
K. Voparil
Deputy City Clerk
Printer's Fee $__'3L1 .O i
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
i
Subscribed and sworn to
befo •,e me this /S day of
A.D. 20-J,2--.
Notary Public
LINDA KROTZ
4y Commission Nrrm w 732619
my Commission Expires
�• January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4464
ORDINANCE AMENDING TITLE
9, ENTITLED "MOTOR VEHICLES
AND TRAFFIC," CHAPTER 4,
ENTITLED "PARKING
REGULATIONS," SECTION 1,
ENTITLED "PARKING
PROHIBITED IN SPECIFIED
PLACES," TO PROHIBIT
PARKING ADJACENT TO A
CURB EXTENSION.
WHEREAS, curb extensions, also bu
known as mp -outs, bulb -outs or
neckdowns, extend the sidewalk or
curb line out into the parking lane;
WHEREAS, curb extensions
improve pedestrian crossings by
reducing the pedestrian crossing
distance, improving the ability of
pedestrians and motorists to see
each other, and reducing the time
that pedestrians are in the street;
WHEREAS, because the City Code
allows commercial vehicles to park
in the traffic lane if there is not an
open parking space within 150
feet, commercial vehicles can park
adjacent to a curb extension as
long as they are 15 feet from the
intersection;
WHEREAS, commercial vehicles
parking adjacent to a curb exten-
sion raises safety issues especially
with taxis after dark; and
WHEREAS, it is in the City's best
interest to prohibit parking adja-
cent to curb extensions.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I AMENDMENTS.
1. Title 9, entitled "Motor
Vehicles and Traffic," Chapter 1
entitled "Definitions, Administration
and Enforcement of Traffic
Provisions," Section 1, entitled
"Definitions," is hereby amended
by adding the following new defini-
tion:
Curb extension: Sidewalk seg-
ments that extend into the roadway
at an intersection or mid -block
crossing. A traffic calming mea-
sure also known as bump -outs,
bulb -outs or neckdowns.
2. Title 9, entitled "Motor
Vehicles and Traffic," Chapter 4
entitled "Parking Regulations,"
Section 1, entitled "Parking
Prohibited in Specific Places,"
Subsection A is hereby amended
by adding a new paragraph 21:
Adjacent to a curb extension
even if it is a commercial vehicle
and there is no parking space,
loading zone or other space avail-
able within one hundred fifty feet
(150') of any building where pick up
or delivery is to be made.
SECTION 11 REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECT ^N IV EFFECTIVE DATE.
This Ordinance shall be effective
upon publication.
Passed and approved this 21st
day of February, 2012.
s /Matthew J Hayek, Mayor
Attest: s /Marian K Karr, City Clerk
PC- 0000W=7 March 1, 2012
I
�nRR,
wW®�9�
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa S2240 -1826
(3 19) 356 -5000
(319) 3S6 -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. 12 -4465 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
February, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 1, 2012.
Dated at Iowa City, Iowa, this 2nd day of April 2012. \\
Julie K. Voparil
Deputy City Clerk
Printer's Fee $ 3 .11p 1
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, D (z Sjel Acid -C:
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):
Legal 4rk
Subscribed and sworn to
before me this rs.A. day of
A.D. 20-4,iL._.
Notary Public
� 4
LINDA KROTZ
Commission N WIW 73261
My
or
1E>Kplin
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4465
AN ORDINANCE TO ADOPT THE
CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA, 2012,
AKA "CITY CODE."
WHEREAS, Section 380.8 of the
Code of Iowa, 2011, requires that
at least once every five years a city
shall adopt a code of ordinances;
and,
WHEREAS, on April 4, 2006 the
City Council adopted the City
Code of Iowa City, Iowa; and,
WHEREAS, the City of Iowa City
adds new ordinances and amend-
ments upon passage by supple-
mentation to the City Code itself;
and,
WHEREAS, if a proposed code of
ordinances contains only existing
ordinances which have been edit-
ed and compiled without substan-
tive changes, the council may
adopt such code without notice of
public hearing; and,
WHEREAS, it is now appropriate to
adopt a code of compiled and
existing ordinances under the stat-
ute, without any substantive
changes proposed.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. From and after the
date of passage of this Ordinance,
the City Code of the City of Iowa
City, Iowa, prepared by Sterling
Codifiers, Inc., containing compila-
tion of all ordinances of a general
nature together with the changes
made to said ordinances, under
the direction of the governing body
of the City, shall be accepted in all
courts without question as the
Official Code and Law of the City
as enacted by the City Council,
and shall hereafter be referred to
as "The City Code ".
SECTION Il. It is hereby adopted,
as a method of perpetual codifica-
tion, the loose -leaf type of binding
together with the continuous sup-
plement service, provided by
Sterling Codifiers, Inc., whereby
each newly adopted ordinance of a
general and permanent nature
amending, altering, adding or
deleting provisions of the official
City Code is identified by the prop-
er catchline and is inserted in the
proper place in each of the official
copies, a copy of which shall be
maintained in the office of the City
Clerk, certified as to correctness
and available for inspection at any
and all times that said office is
regularly open.
SECTION III. It shall be unlawful
for any person, firm or corporation
to change or amend, by additions
or deletions, any part or portion of
the City Code, or to insert or delete
pages or portions thereof, or to
alter or tamper with the City Code
in any manner to cause the law of
the City to be misrepresented.
SECTION IV All ordinances or
parts of ordinances in conflict
herewith, are, to the extent of such
conflict, hereby repealed.
SECTION V. A code of ordinances,
containing only the current and
existing ordinances edited and
compiled without change in sub-
stance, shall be and hereby is
adopted as the City Code, 2012.
Passed and approved this 21 st day
of February, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
vc- 6000003" March 1, 2012
I r
-4
Mhal
All k1waW
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(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. 12 -4466 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
February, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 1, 2012.
Dated at Iowa City, Iowa, this 2nd day of April 2012. \\
�'V , � � a 13
Julie K. Voparil
Deputy City Clerk
�>` . l z -4 y b tQ (� c
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
Legal C k
Subscribed and sworn to
be or me this W. day of
A.D. 20_1.
Notary Public
LIN6 KROTZ
' Commission Nuntm 732619
• • AAy COffNniS8i0f1 EII(IIfeS
�« Januaf�f 27, Z01� �
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4466
ORDINANCE AMENDING TITLE
9, "MOTOR VEHICLES AND
TRAFFIC ", CHAPTER 1, "DEFINI-
TIONS, ADMINISTRATION AND
ENFORCEMENT OF TRAFFIC
PROVISIONS ", SECTION 1,
"DEFINITIONS"; AND AMENDING
TITLE 9, "MOTOR VEHICLES
AND TRAFFIC ", TO ADD A NEW
CHAPTER 11, AUTOMATIC
TRAFFIC ENFORCEMENT, TO
ALLOW FOR RED LIGHT
AUTOMATED TRAFFIC
ENFORCEMENT
WHEREAS, the City of Iowa City is
vested with home rule authority
pursuant to Article III, Section 38A
of the Iowa Constitution and
Chapter 364 of the Code of Iowa;
and
WHEREAS, the City of Iowa City is
located in a high- density traffic
area and regularly experiences
traffic incidents related to the fail-
ure of motorists to obey duly erect-
ed traffic control devices, exposing
its citizens to the dangers of per-
sonal injury and property damage;
and
WHEREAS, the City is concerned
with the violation of State statues
concerning traffic signals, specifi-
cally the failure of motorists to stop
at red lights and obey 'no turn on
red signs;' and
WHEREAS, apprehending motor-
ists who fail to obey traffic control
devices through law enforcement
observance, chase, and citation is
difficult, dangerous, and expensive
and requires the City to commit
additional personnel that would
not be necessary with the use of
automated traffic infraction detec-
tors with image capture technolo-
gies (i.e., red -light cameras); and
WHEREAS, local governments in
different parts of the State of Iowa
and nation have demonstrated that
the combination of traffic infraction
detectors with traditional traffic law
enforcement methods enhances
vehicular and pedestrian safety;
and
WHEREAS, automated traffic
enforcement laws are authorized
both by Iowa home rule and the
Iowa Supreme Court, in Cily of
Davenport v Seymour, 755 N.W.2d
533 (Iowa 2008), all of which rec-
ognize the rights of municipalities
to utilize traffic infraction detectors
to regulate municipal traffic; and
WHEREAS, the City of Iowa City
finds that implementation of the
enforcement program set forth in
this ordinance will promote, pro-
tect, and improve the health, safe-
ty, and welfare of its citizens con-
sistent with the authority of and
limitations on the City pursuant to
case law, the Constitution of the
State of Iowa, and the Code of
Iowa.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS
Title 9, "Motor Vehicles and
Traffic ", Chapter 1, "Definitions,
Administration and Enforcement of
Traffic Provisions ", Section 1,
"Definitions" is amended by add-
ing the following defined terms:
1. AUTOMATED TRAFFIC
CITATION: A notice of fine gener-
ated in connection with the auto-
mated traffic enforcement system.
2. AUTOMATED TRAFFIC
ENFORCEMENT CONTRACTOR:
The company or entity, if any, with
which the City of Iowa City con-
tracts equipment and /or services
in connection with the Automated
Traffic Enforcement System.
3. AUTOMATED TRAFFIC
ENFORCEMENT SYSTEM: An
electronic system consisting of a
photographic, video, or electronic
camera and a vehicle sensor
installed to work in conjunction
with an official traffic controller or
police department employee to
automatically produce photo-
graphs, video or digital images of
each vehicle violating a standard
traffic control device or speed
restriction.
4. VEHICLE OWNER: The per-
son or entity identified by the Iowa
Department of Transportation, or
registered with any other state
vehicle registration office, as the
registered owner of a vehicle.
Title 9, "Motor Vehicles and
Traffic ", Chapter 11, "Automated
Traffic Enforcement" is added as
follows:
1. General. The City of Iowa
City, in accordance with its police
powers, may deploy, erect or
cause to have erected an auto-
mated traffic enforcement system
for making video images of vehi-
cles that fail to obey red light traffic
signals at intersections designated
by the city manager, or a designee.
The systems may be managed by
the private contractor that owns
and operates the requisite equip-
ment with supervisory control vest-
ed in the city's police department.
Video images shall be provided to
the police department by the con-
tractor for review. The police
department will determine which
vehicle owners are in violation of
the city's traffic control ordinances
and are to receive a notice of viola-
tion for the offense.
2. Vehicle Owner's Civil
Liability for Certain Traffic
Offenses.
A. The Vehicle Owner shall
be liable for a fine if such a
vehicle crosses a marked
stop line or the intersection
plane at a system location
when the traffic signal for that
vehicle's direction is emitting
a steady red light or arrow.
B. The violation may be
exempted from liability as
outlined below in section 5 of
this chapter, and other
defenses may be considered
in connection with the appeal
process.
C. In no event will an
Automated Traffic Citation be
sent or reported to the Iowa
Department of Transportation
or similar department of any
other state for the purpose of
being added to the Vehicle
Owner's driving record.
3. Notice of Violation; Fine.
A. Notice of the violation will
be mailed to the Vehicle
Owner for each violation
recorded by an Automated
Traffic Enforcement System
or traffic control signal moni-
toring device. The Automated
( , - t", — L-k -t b b �.a.
OFFICIAL PUBLICATION
Owner guilty of the municipal
Traffic Enforcement
infraction, state mandated
Contractor shall mail the
court costs will be added to
notice within 30 days after
the amount of the fine
receiving information about
imposed by this chapter.
the Vehicle Owner. The notice
5. Exceptions to Owner Liability.
shall include the name and
There shall be no liability pur-
address of the Vehicle Owner;
suant to this chapter if:
the vehicle make, if available
A. The operator of the vehicle
and readily discernible, and
in question was issued a uni-
registration number; the vio-
form traffic citation for the
lation charged; the time; the
violation in question pursuant
date; and the location of the
to Title 9 of the Iowa City
alleged violation; the appli-
Code or Iowa Code Chapter
cable fine and monetary pen -
321 (2011) as amended; or
alty which shall be assessed
B. The violation occurred at
for late payment; information
any time after the vehicle in
as to the availability of an
question or its state registra-
administrative hearing in
tion plates were reported to a
which the notice may be con-
law enforcement agency as
tested on its merits; and that
having been stolen, provided,
the basis of the notice is a
however, the vehicle or its
photographic record obtained
plates had not been recov-
by an Automated Traffic
ered by the Vehicle Owner at
Enforcement System.
the time of the alleged viola -
B. Any violation of section 2
tion; or
of this chapter shall result in a
C. The vehicle in question
civil fine issued to the Vehicle
was an authorized emergen-
Owner in an amount set by
cy vehicle; or
City Council by resolution,
D. The officer inspecting the
payable to the City of Iowa
recorded image determines
City.
that the vehicle in question
4. Contesting an Automated
was lawfully participating in a
Traffic Citation.
funeral procession; or
A Vehicle Owner who has
E. The officer inspecting the
been issued an Automated
recorded image determines
Traffic Citation may contest
that the vehicle in question
the citation as follows:
reasonably entered the inter -
A. By submitting, in a form
section in order to yield the
specified by the City, a
right -of -way to an emergency
request for an administrative
vehicle.
hearing to be held at the Iowa
6. Failure to Timely Pay or
City Police Department
Appeal. If the recipient of an
before an administrative
Automated Traffic Citation does
appeals board (the "Board ")
not either pay the fine by the due
consisting of one or more
date stated in the citation or appeal
impartial fact finders. Such a
the citation as provided herein, late
request must be filed within
fees may be assessed, as,
30 days of the date on which
approved by City Council through
Notice of the violation is sent
resolution, and /or a municipal
to the Vehicle Owner. After a
infraction citation may be filed by
hearing, the Board may either
the Iowa City Police Department
uphold or dismiss the
and a fine may be sought in accor-
Automated Traffic Citation
dance with Iowa City Code Title 1,
and shall mail its written deci-
Chapter 4, Section 2(B), Violations,
sion within 10 days after the
Penalties and Alternative Relief,
hearing to the address pro-
rather than section 3 above. If the
vided on the request for hear-
Court finds the Vehicle Owner
ing. If the citation is upheld,
guilty of the municipal infraction,
then the Board shall include
State mandated court costs Will be
in its written decision a date
added to the amount of the fine
by which the fine must be
imposed by this section.
paid, and on or before that
SECTION II REPEALER. All ordi-
date the Vehicle Owner shall
nances and parts of ordinances in
either pay the fine or submit a
conflict with the provision of this
request for a judicial hearing
Ordinance are hereby repealed.
pursuant to section 4(B) of
SECTION III SEVERABILITY. If any
this chapter.
section, provision or part of the
B. By submitting, in a form
Ordinance shall be adjudged to be
specified by the City, a
invalid or unconstitutional, such
request that in lieu of the
adjudication shall not affect the
Automated Traffic Citation, a
validity of the Ordinance as a
municipal infraction citation
whole or any section, provision or
be issued and filed with the
part thereof not adjudged invalid or
Small Claims Division of the
unconstitutional.
Iowa District Court in
SECTION IV EFFECTIVE DATE.
Johnson County. Such a
This Ordinance shall be effective
request must be filed within
upon publication.
30 days from the date on
Passed and approved this 21st
which Notice of the violation
day of February, 2012.
is sent to the Vehicle Owner.
Such a request will result,in a
s /Matthew J. Hayek, Mayor
court order requiring the
Attest: s/Marian K. Karr, City Clerk
Vehicle Owner to file an
answer and appearance with
the Clerk of Court, as well as
PC- 6000003332 March 1, 2012
setting the matter for trial
before a judge or magistrate.
If the Court finds the Vehicle
� r 1
A'� ++'�
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 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. 12 -4467 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of
March, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 29, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
Ju . Voparil
Deputy City Clerk
Printer's Fee $ A. 14
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, R o &gz tko •a-T
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):
44 A 411, IA ?nA � _ t'g
Legal Cler
Subscribed a d sworn to
before me this ay of
a,A .,4 A.D. 20-Aal—.
Notary Public
,.L LINDA KROTZ
Commission Number 732619
My Canmis m ExgreS
Jr ar __Z7, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4467
ORDINANCE REZONING
APPROXIMATELY 1.25 ACRES
LOCATED AT 108 MCLEAN
FROM NEIGHBORHOOD
STABILIZATION RESIDENTIAL
ZONE (RNS -20) TO planned
development overlay /neIGH-
BORHOOD STABILIZATION
(opD /rns -20). (REZ12- 00002)
WHEREAS, the applicant Parish
Apartment LLC, has requested a
rezoning of property located at 108
McLean from Neighborhood
Stabilization Residential zone
(RNS -20) to Planned Development
Overly /Neighborhood Stabilization
Residential zone (OPD /RNS -20);
and
WHEREAS, the property contains
a protected slope with grades
exceeding 40% as well as a grove
of oak trees; and
WHEREAS, the applicant is pro-
posing to convert the existing his-
toric structure on the site to 16
one - bedroom apartments; and
WHEREAS, the applicant is
requesting a buffer reduction in
order to allow a 12 -space parking
area and dumpster pad within the
buffer on the east side of the build-
ing and up to 5 additional spaces
to the west of the building; and
WHEREAS the sensitive areas
provision of the zoning code allows
a buffer reduction if a geologist of
professional engineer demon-
strates to the satisfaction of the
City that the proposed develop-
ment activity is designed to elimi-
nate hazards and will not under-
mine the stability of the slop or
buffer area; and
WHEREAS, the applicant's engi-
neer has submitted a Sensitive
-Areas Development Plan showing
how the modified site will effec-
tively manage stormwater run -off
and control erosion; and
WHEREAS, City Staff have
reviewed the proposed plan and
believe it will minimize damage to
the grove of trees and will appro-
priately control stormwater and
erosion; and
WHEREAS, the Comprehensive
Plan contains policies that encour-
age the protection of natural fea-
tures and the preservation of his-
toric structures; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning
and has recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of RNS -20 to OPD /RNS -20:
LEGAL DESCRIPTION
Retracement Plat of Survey Lots
10, 11, & 12 in Block 3 and part of
Lot 6 Block 4, Manville Heights
Addition, Iowa City, Iowa, in
accordance with the Plat thereof
recorded in Plat Book 55, at Page
352, in the records of the Johnson
County Recorder's Office, con-
taining 1.25 acres, (54,498 square
feet), and subject to easements
and restrictions of record.
SECTION II. ZONING MAP. The
Building Inspector is hereby autho-
rized 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 by law.
SECTION III CERTIFICATION
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 Sensitive Areas
Development Plan and to record
the same, at the office of the
County Recorder of Johnson
County, Iowa, at the owner's
expense, all as provided by law.
SECTION IVV, REPEALER. All
ordinances and parts of ordinanc-
es in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 20th
day of March 2012.
s/Susan Mims, Mayor Pro tem
Attest: s /Marian K. Karr, City Clerk
PC- 6000004561 March 29, 2012
=- r _4
f --"�
>� ®���
-•mt.aan—
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. 12 -4468 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of
March, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 29, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
r
Subscribed and sworn to
before me this day of
`7213 A.D. 20-1,A _.
Notary Public
LINDA KROTZ
_ IO 1>I Number
My C ion I:I*eS
Ja umv 27.2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4468
ORDINANCE AMENDING TITLE
8, "POLICE REGULATIONS ",
CHAPTER 5, "MISCELLANEOUS
OFFENSES ", SECTION 6,
"INDECENT EXPOSURE AND
CONDUCT" TO CREATE TWO
SEPARATE OFFENSES TO BE
KNOWN AND CITED AS
"INDECENT EXPOSURE" AND
"PUBLIC URINATION AND
DEFECATION ".
WHEREAS, the same section of
the City Code prohibits both inde-
cent exposure and public urination,
and therefore the same code sec-
tion is cited whether the offense
being charged is indecent expo-
sure or public urination;
WHEREAS, this amendment will
create a separate code section for
each of these offenses.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I AMENDMENTS.
Title 8, "Police Regulations ",
Chapter 5, "Miscellaneous
Offenses ", Section 6, "Indecent
Exposure and Conduct" is amend-
ed by deleting it in its entirety and
substituting the following in lieu
thereof:
8 -5 -6 INDECENT EXPOSURE
AND CONDUCT
A. It shall be unlawful for a person
to allow or permit the exposure of
the genitals, buttock, female
breasts or pubes of such person to
another not the person's' spouse
or partner or to commit a sex act in
the presence or view of another
person except a spouse or partner,
if: (1978 Code §24 -114; amd. 1994
Code)
1. The person does so to arouse
or satisfy the sexual desire of
either of them; and
2. The person knows or reason-
ably should know that the act is
offensive to the viewer.
B. "Sex act" means any act, actu-
al or simulated, which involves
contact with human or animal gen-
italia or the anus. This would
include, but not be limited to, such
acts as masturbation or sexual
intercourse.
8 -5 -13 PUBLIC URINATION AND
DEFECATION
A. It shall be unlawful for any per-
son to urinate or defecate in or
upon any street, alley, public place
or in any place open to public view,
provided this subsection shall not
apply to restrooms or public facili-
ties designated for such purpose.
(1978 Code §24 -114)
SECTION II REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III SEVERABILITY If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 20th
day of March, 2012.
s /Susan Mims, Mayor Pro tern
Attest: s /Marian K. Karr, City
Clerk.
PC-6000004e March 29, 2012
I r
ul K, P IR
,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. 12 -4469 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of
March, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 29, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
Julie . Voparil
Deputy City Clerk
Printer's Fee $ Ste. U _+
CERTIFICATE OF PUBLICATIOr
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZO
FED.ID #42- 0330670
I, R o6 E2
being duly sworn, say that I am
the legal clerk of the IOWA CIT I
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):
A4AA&ok Z
Legal Cl
Subscribed and sworn to
before me this ay of
A.D. 20—Za—.
Notary Public
a LINDA KROTZ
Commission NWrdw 732619
MY Cw i 1x0ft
OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4469
ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE.
WHEREAS, the Water Division recommends amending the City Ordinance Code Section 3 -4 -3 to correct the
'water service charged for the first 100 cubic feet or less of water used, based on meter size', which was inadver-
tently changed in Ordinance # 10 -4399; and
WHEREAS, the Water Division also recommends amending the City Ordinance Code Section 3 -4 -3 to clarify
the water main extension fee; and
WHEREAS, it is in the best interest of the public to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. AMENDMENTS:
TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS,
FINES AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE is hereby amended by:
A. Deleting the chart for 'Water service charges ... for first 100 cubic feet or less of water used, based on Meter
size' it in its entirety and replacing it as follows:
e. n^VAM a wATCG I I_CF ANTI SFRVICE
Water Service Charge (16 -3A -4) for first 100
cubic feet or less of water used, based on
meter size.
Meter Size (inches)
Charge
5/8 ", 5/8" x 3/4 "
$6.41
3/4"
$7.00
V.
$8.26
1 1/2"
$16.47
2"
$22.14
3^
$40.91
4^
$71.37
6„
$143.61
There will be no minimum monthly charge for a single purpose water meter for the months of November to
March if no water is used.
B. Deleting the charts for 'Extension of major feeder lines (oversizing)' and 'Water Main Installation And
Connection Fees' in their entirety and replacing them with the following:
Extension of water mains $395.00 per acre
SECTION II REPEALER All ordinances and parts of ordinances in conflict with the provision of the Ordinance
are hereby repealed.
SECTION III SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV EFFECTIVE DATE. This Ordinance shall be effective after its final passage, approval and publica-
tion, as provided by law.
Passed and approved this 20th day of March, 2012.
s /Susan Mims, Mayor Pro ter
Attest: s /Marian K. Karr, City Clerk PG800000458 March 29, 2012
� r
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. 12 -4470 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of
March, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 29, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
k�a
J �. Vopari
Deputy City Clerk
Printer's Fee $_.� -/�
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
19 ki2&199 5;VA9T-2-n
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):
-'J
Legal Cl
Subscribed and sworn to
b fore me this day of
A.D. 20�.
Notary Public
�'L +c
LINDA KROTZ
Cwniss NwIlI r 732619
o
M� Ex*
�
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4470
ORDINANCE AMENDING TITLE
10 OF THE CITY CODE,
ENTITLED USE OF PUBLIC
WAYS AND PROPERTY,"
CHAPTER 3, ENTITLED,
"COMMERCIAL USE OF
SIDEWALKS," SECTION 3,
ENTITLED "USE FOR SIDEWALK
CAFES," TO ALLOW PLANTERS
IN LIEU OF FENCING.
WHEREAS, sidewalk cafes are a
use of public sidewalks in the CB2,
C135, and CB10 zones that require
a temporary easement; and
WHEREAS, after the first year dur-
ing which temporary fencing is
allowed, anchored fencing is
required to delineate the cafe;
WHEREAS, planters with flowers
and/or other vegetation should be
allowed as an alternative to fenc-
ing; and
WHEREAS, it is in the City's inter-
est adopt this amendment.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I AMENDMENTS.
1. Title 10, entitled "Use of Public
Ways and Property," Chapter 3,
entitled "Commercial Use of
Sidewalks," Section 3, entitled
"Use for Sidewalk Cafes,"
Subsection B, entitled "Usable
Sidewalk Cafe Area," is hereby
amended adding the following new
Paragraph 3c:
c. Planters with flowers and /or
other vegetation are allowed as an
alternative to temporary and
anchored fencing to delineate the
sidewalk cafe. The design of the
planters shall be approved by the
City Manager, or designee, subject
to the following limitations:
(1) The planters shall, at the cafe
owner's option, be either fastened
to each other or removed from the
sidewalk or City Plaza at the end of
the day's operation along with the
tables, chairs, and other items.
(2) The planters shall not be less
than twenty -seven inches (27 ") or
more than thirty -six inches (36 ") in
height excluding plantings.
(3) The planters shall be either
metal or have a metal frame.
SECTION II. REPEALER. All ordi-
nances 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, SEVERABILITY If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 20th
day of March, 2012.
s/Susan Mims, Mayor Pro tem
Attest: s/Marian K. Karr, City Clerk
Pae0000D45e2 March 29, 2012
I r
Al
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 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. 12 -4471 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of
March, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on March 29, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
" �_'
u ' K. Vopari
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
CIA 2=q, -Z v ► 2,
7a4
87 *,Ti��tk=
Legal Cl k
Subscribed apd sworn to
before me this o:24_ day of
A.D. 20-1.1---.
Notary Public
LINDA KROT2
Commission Nw dW 73261
My COmmISS m Expka
I
°�'
Janusy 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO.12 -4471
AN ORDINANCE PROVIDING
THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED
EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE
RIVERFRONT CROSSINGS
URBAN RENEWAL AREA N /K/A
RIVERSIDE DRIVE URBAN
RENEWAL AREA, IN THE CITY OF
IOWA CITY, COUNTY OF
JOHNSON, STATE OF IOWA, BY
AND FOR THE BENEFIT OF THE
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, REBATES, GRANTS,
MONIES ADVANCED TO AND
INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE
ISSUED, INCURRED BY SAID
CITY IN CONNECTION WITH THE
RIVERFRONT CROSSINGS
URBAN RENEWAL PLAN N /K/A
RIVERSIDE DRIVE URBAN
RENEWAL PLAN.
WHEREAS, the City Council of
the City of Iowa City, Iowa, after
public notice and hearing as pre-
scribed by law and pursuant to
Resolution No. 11 -335 passed and
approved on the 18th day of
October, 2011, adopted an Urban
Renewal Plan (the "Urban Renewal
Plan ") for an urban renewal area
now known as the Riverside Drive
Urban Renewal Area, (the "Urban
Renewal Area "), which Urban
Renewal Area includes the lots and
parcels located within the area
legally described as follows:
Beginning at a point on the
southeast corner of Sturgis
Corner Addition Part ll;
Thence southerly to the center-
line of U.S. Highway 6;
Thence westerly along said cen-
terline to its intersection with S.
Riverside Drive;
Thence continuing westerly
along the centerline of State
Highway 1 to a point where it
intersects with the centerline of
Orchard Street extended;
Thence northerly along the cen-
terline of Orchard Street to the
centerline of the Iowa Interstate
Railroad;
Thence easterly along said rail-
road centerline to a point that is
190', more or less, west of the
point of intersection of the rail-
road and the centerline of State
Highwayl /Riverside Drive;
Thence northerly to the north
right -of -way line of said railroad;
Thence north 118' to the south
right -of -way line of S. Riverside
Court;
Thence north 12.5' to the center-
line of S. Riverside Court;
Thence west along said center-
line to where it intersects with
the extension of the west bound-
ary of property described as fol-
lows:
Commencing 459.5' east of
the SW corner of Lot 1; N100';
E60% S100% W60% Ryerson's
and Sharp's Subdivision.
Thence northerly along said west
property line extended to the
centerline of Myrtle Ave;
Thence east along said center-
line, continuing east to the west
bank of the Iowa River;
Thence southerly along the west
bank of the Iowa River to the
point of beginning;
And the right of way of all adja-
cent roads.
WHEREAS, expenditures and
indebtedness are anticipated to be
incurred by the City of Iowa City,
Iowa in the future to finance urban
renewal project activities carried
out in furtherance of the objectives
of the Urban Renewal Plan; and
WHEREAS, the City Council of
the City of Iowa City, Iowa desires
to provide for the division of reve-
nue from taxation in the Urban
Renewal Area, as above described,
in accordance with the provisions of
Section 403.19 of the Code of Iowa,
as amended.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY,
IOWA:
Section 1 That the taxes levied
on the taxable property in the Urban
Renewal Area legally described in
the preamble hereof, by and for the
benefit of the State of Iowa, City of
Iowa City, County of Johnson, Iowa
City Community School District,
and all other taxing districts from
and after the effective date of this
Ordinance shall be divided as here-
inafter provided.
Section 2. 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 tax-
ing districts upon the total sum of
the assessed value of the taxable
Property in the Urban Renewal
Area, as shown on the assessment
roll as of January 1 of the calendar
year preceding the first calendar
year in which the City of Iowa City
certifies to the County Auditor the
amount of loans, rebates, grants,
advances, indebtedness, or bonds
payable from the division of prop-
erty tax revenue described herein,
shall be allocated to and when col-
lected be paid into the fund for the
respective taxing district as taxes
by or for the taxing district into
which all other property taxes are
paid.
Section 3. That portion of the
taxes each year in excess of the
base period taxes determined as
provided in Section 2 of this
Ordinance shall be allocated to and
when collected be paid into a spe-
cial tax increment fund of the City of
Iowa City, Iowa hereby established,
to pay the principal of and interest
on loans, grants, rebates, monies
advanced to, indebtedness, wheth-
er funded, refunded, assumed or
otherwise, including bonds or obli-
gations issued under the authority
of Section 403.9 or 403.12 of the
Code of Iowa, as amended,
incurred by the City of Iowa City,
Iowa, to finance or refinance, in
whole or in part, urban renewal
projects undertaken within the
Urban Renewal Area pursuant to
the Urban Renewal Plan, except
that taxes for the payment of bonds
and interest of each taxing district
shall be collected against all taxable
property within the Urban Renewal
Area without any limitation as here -
inabove provided.
Section 4. Unless or until the
total assessed valuation of the tax-
able property in the Urban Renewal
Area exceeds the total assessed
value of the taxable property in the
Urban Renewal Area as shown by
the last equalized assessment roll
referred to in Section 2 of this
Ordinance, all of the taxes levied
and collected upon the taxable
property in the Urban Renewal Area
shall be paid into the funds for the
respective taxing districts as taxes
by or for said taxing districts in the
same manner as all other property
taxes.
tin 5. At such time as the
loans, advances, indebtedness,
bonds and interest thereon of the
City of Iowa City, Iowa referred to in
Section 3 hereof have been paid, all
monies thereafter received from
taxes upon the taxable property in
the Urban Renewal Area shall be
Paid into the funds for the respec-
tive taxing districts in the same
manner as taxes on all other prop-
erty.
i9ection 6. All ordinances or parts
of ordinances in conflict with the
Provisions of this Ordinance are
hereby repealed. The provisions of
this Ordinance are intended and
shall be construed so as to fully
implement the provisions of Section
403.19 of the Code of Iowa, as
amended, with respect to the divi-
sion of taxes from property within
the Urban Renewal Area as
described above. In the event that
any provision of this Ordinance
shall be determined to be contrary
to law, it shall not affect other provi-
sions or application of the
Ordinance which shall at all times
be construed to fully invoke the
Provision of Section 403.19 of the
Code of Iowa with reference to the
Urban Renewal'Area and the terri-
tory contained therein.
aection 7. This Ordinance shall
be in effect after its final passage,
approval and publication as pro-
vided by law.
Passed and approved this 20th
day of March, 2012.
s/Susan Mims, Mayor Pro tem
Attest: s /Marian K. Karr, City Clerk
Pc- 6000w° 6° March 29, 2012
� r j
4 44
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 3S6 -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. 12 -4472 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of April,
2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on April 12, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
• ll�
Subscribed apd sworn to
be . me this �(�_ day of
A.D. 20_ /62- .
Notary Public
A
AL L(NDA Nuffinir KROTZ 32619
my Cww
eO • J 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4472
AN ORDINANCE AMENDING
TITLE 14, ZONING, ARTICLE 4E,
NONCONFORMING SITUATIONS,
REGARDING THE REGULATION
OF NON - CONFORMING
DEVELOPMENT.
WHEREAS, the City's zoning code
establishes rules that guide the use
and development of properties that
are legally nonconforming due to a
change in the zoning designation of
a property or a change in the zoning
regulations; and
WHEREAS, it is the intent of the
nonconforming provisions of the
zoning code to guide future uses
and development in a direction con-
sistent with City policy, to 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 regula-
tions while also providing for flexi-
bility and relief from the strict appli-
cation of zoning provisions so that
properties can continue in produc-
tive use over time; and
WHEREAS, the provisions in
Section 14 -4E -8, Nonconforming
Development, are intended to pro-
vide flexibility and in some cases
relief from the current site develop-
ment standards for nonconforming
property as they redevelop, expand,
or change uses over time; and
WHEREAS, while recent changes
to the zoning code brought the
City's regulations in line with current
accepted practice with regard to
commercial site design, including
screening and buffering parking
areas, outdoor storage areas, and
display lots from public sidewalks
and neighboring properties, there
are many older properties that are
noncompliant with these new stan-
dards; and
WHEREAS, it is necessary to pro-
vide more flexibility and relief in
certain circumstances from the
strict application of new site devel-
opment standards that would not
be feasible or practical or would
unduly reduce the ability to use or
re-use a property due to topogra-
phy, location of existing buildings,
or other site constraints.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as follows:
A. Deleting Section 14 -4E -8,
Regulation of Nonconforming
Development, and substituting in
lieu thereof:
14 -4E -8 Regulation of
Nonconforming Development
A. General Provisions
1. Except as otherwise restricted,
prohibited or allowed in this
Article, a use or structure locat-
ed on a lot that contains non-
conforming development may
be converted to a different use
or altered, provided such
change in use or alteration
does not increase or extend the
nonconformity and provided
the applicable compliance
standards listed in this section
are met..
Alterations
When alterations are made to a
building or buildings on a prop-
erty that contains nonconform-
ing development, and the cost
of said alterations is over the
threshold values set forth in
subparagraph a. below, the site
must be brought into confor-
mance with the development
standards listed in subpara-
graph b., up to the cap stated
in subparagraph c. The value of
the alterations is based on the
entire project, not individual
building permits. Mandatory
improvements for fire, life safe-
ty and accessibility do not
count toward the thresholds.
The stated thresholds are not
cumulative.
a. Thresholds triggering
compliance
(1)Alterations with a value
35 percent or greater than
the assessed value of all
improvements on the site,
including sites with multi-
ple tenants in one or more
buildings; or
(2) Alterations with a value of
more than $25,000.
b. Standards that must be
met
Development not in compli-
ance with the development
standards listed below must
be brought into confor-
mance or be granted a minor
modification. Requirements
or standards that Would not
be feasible or practical or
would unduly reduce the
ability to use or re-use the
property due to topography,
location of existing build-
ings, or other site con-
straints, may be modified or
waived by minor modifica-
tion. The City, at its discre-
tion, may also waive or mod-
ify by minor modification any
standards that cannot be
met due to a conflict with
any other requirement of this
Title.
(1) Screening of existing
parking, loading, vehicu-
lar use areas, and out-
door storage and display
areas along street -side lot
lines according to the
applicable screening
standard. Setback
requirements may be
modified to address site
constraints;
(2) Screening of existing
parking, loading, vehicu-
lar use areas, and out-
door storage and display
areas from the Iowa River
or from any Parks and
Open Space Use, includ-
ing trails, according to the
applicable screening
standard. Setback
requirements may be
modified to address site
constraints;
(3) Outdoor lighting stan-
dards;
(4) Bicycle parking require-
ments;
(5) Street and residential tree
requirements;
(6) Design, layout, landscap-
ing, and tree require-
ments within parking
areas;
(7) Pedestrian circulation
standards;
(8) Screening of existing
Parking, loading, vehicu-
lar use areas, and out-
door storage and display
areas along side or rear
lot lines. Setback require-
ments may be modified to
address site constraints;
(9)Access management
standards.
c. Cap on the cost of compli-
ance.
The standards listed in sub-
paragraph b. must be met
for the entire site. However,
where the cost of compli-
ance with the standards
enumerated in subpara-
graph b above exceeds 10
Percent of the value " of the
Proposed alteratignS, the
site shall be brougli't into
compliance with all site
development standards up
to this 10 percent cap. It is
the responsibility of the
applicant to document that
the cost of the required site
development improvements
will be greater than 10 per-
cent of the value of the pro-
posed alterations to' the
building or buildings on the
site. If not all site improve-
ments are being made due
to the cost exceeding the
cap, the extent and location
of the site improv,$fnents
below the cap will b6-deter-
mined by the City and shall
generally follow the order of
priority listed in subpara-
graph b, above. However, at
the discretion of the City, the
order of priorities may be
adjusted in response to spe-
cific site characteristics and
traffic safety concerns in
order to maximize the bene-
fits of site improvements for
site users, adjacent proper-
ties, and the public.
Demolished or Destroyed
Site
When a use is proposed for a
property where the principal
building(s) have been demol-
ished or destroyed, but that
contains nonconforming devel-
opment, such as parking lot
paving, exterior lighting, sig-
nage, etc, the property must be
brought into compliance with
all applicable site development
standards as set forth in the
base zone and in Chapter 14 -5.
New Site Development on
sites with Nonconforming
Site Development
Any new site elements being
constructed or established on
the site, such as new exterior
lighting, new parking areas,
new outdoor storage or display
areas, new signage, etc, must
comply with current applicable
standards.
Reconstruction or
Re- establishment of Site
Development
Any nonconforming site ele-
ments that are being recon-
structed or re- established must
be brought into compliance
with the current applicable
standards. However, require-
ments or standards that would
not be feasible or practical or
would undulv reduce the ability
to use or re -use the property
due to topography, location of
existing buildings, or other site
constraints may be modified or
waived by minor modification.
The City may also waive or
modify by minor modification
any standard that cannot be
met due to a conflict with any
other requirement of this Title.
B. Nonconformities with regard
to the number of parking and
loading spaces
1. If a non - residential use, which
is nonconforming with regard
to the required number of
parking, stacking, or loading
spaces, is modified, expand-
ed 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 modification, expansion or
enlargement need to be pro-
vided. These spaces are in
addition to any spaces already
in existence on the site.
2. If a residential use, which is
nonconforming with regard to
the required number of park-
ing, stacking, or loading spac-
es, is changed in any way
such that there is an increase
in the number of required
spaces over the existing situ-
ation, the property must be
brought into full compliance
with the number of spaces
required.
3. 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 compliance with
the number of parking, stack-
ing, 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 addi-
tion to any spaces already
in existence on the site.
b. In addition to any addition-
al spaces required in sub-
paragraph 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 hazard-
ous sign.
3. Other than for routine mainte'=
nance, if a nonconforming
sign is changed or altered in
any way it must be brought
into compliance with the pro-
visions of Article 14 -5B, Sign
Regulations, with the follow -
inq exceptions:
a. 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.
b. On signs located within
1000 feet of an interstate
highway that are legally
non - conforming , with
regard to sign area or
height limitations, the
existing sign face may be
changed or replaced, pro-
vided the sign meets all of
the following criteria:
(1)The sign is located on
property that is zoned
commercial;
(2) The sign is hot a hazard-
ous sign, as defined in
this Title; and
(3) If the sign is located in
an area subject to regu-
lation due to its proxim-
ity to the Iowa City
Municipal Airport, a
determination of "no
hazard to air navigation
has been received from
the FAA.
The Board of Adjustment may
grant a special exception to
allow changes to a noncon-
forming sign, provided the fol-
lowing conditions are met:
a. The sign must be located
on a property designated
as a Historic Landmark, a
property registered on the
National Register of
Historic Places, or on a
property listed as a key or
contributing property in a
Historic Preservation or
Historic Conservation
Overlay Zone.
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 appro-
priate to a particular
period in the structure's
history; or
(2) The sign is an integral
part of a property's his-
toric identity; or
(3) The sign makes a sig-
nificant artistic or his-
toric contribution to the
community or neighbor-
hood in which the sign
is located.
At the time of application
for the special exception,
changes to the subject
sign must be approved by
the Historic Preservation
Commission through a cer-
tificate of appropriateness.
If the Board of Adjustment
grants a special exception
for the sign, any subse-
quent 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 -513, Sign
Regulations, and becomes
hazardous, the City may
request that the Board of
Adjustment revoke the
special exception.
The Board of Adjustment may
grant a special exception to
allow repair or reconstruction
of a nonconforming sign that
has been damaged or
destroyed by fire, explosion,
act of God or by a public
enemy if the following approv-
al criteria are met:
a. In order to qualify for this
exception, the sign must
fall into at least one of the
following categories:
(1) The subject sign is an
integral part of the his-
toric identity of a prop-
erty or use designated
as a Historic Landmark,
a property registered on
the National Register of
Historic Places, or of a
property listed as a key
or contributing property
in a Historic District or
Conservation District
Overlay Zone; or
(2) The sign is an integral
part of a property's his-
toric identity such that it
is generally recognized
and associated with a
longstanding business
or institution and makes
a significant artistic, cul-
tural, or nostalgic contri-
bution to the community
or neighborhood.
b. The sign must be recon-
structed as nearly as pos-
sible to its historic design
or to the design that is
generally recognized and
associated with the long-
standing business or insti-
tution such that it contin-
ues to make a significant
artistic, cultural or nostal-
gic contribution to the
community or neighbor-
hood.
c. The sign must be recon-
structed such that it is not
a hazardous sign. The sign
must be located in a man-
ner that complies with
Article 14 -5D, Intersection
Visibility Standards. The
Board may require chang-
es to the sign, to its struc-
ture or mounting, or its
location in order to improve
public safety. If the sign is
not maintained according
to the provision of Article
14 -513, Sign Regulations,
and becomes hazardous,
the City may request that
the Board of Adjustment
revoke the special excep-
tion.
d. If the sign is located on a
property designated as a
Historic Landmark, a prop-
erty registered on the
National Register of
Historic Places, or a prop-
erty listed as a key or con-
tributing property in a
Historic Uistrict or
Conservation District
Overlay Zone, the subject
sign must be approved by
the Historic Preservation
Commission and issued a
certificate of appropriate-
ness. If the Board of
Adjustment grants a spe-
cial 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. Nonconforming 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 require-
ment that it be fully shielded.
B. Deleting Subsection 14 -5E -7A
and subsection 14 -5E -8A and
renumbering the following sub-
sections accordingly.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication.
Passed and approved this 3rd day
of April, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC- 6000005M April 12, 2012
� r
4 1 M-6
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. 12 -4473 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of April,
2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on April 12, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
K. Voparil
Deputy City Clerk
Printer's Fee $ 111.30
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
A-PQ Itt- 12-
Legal Cler
Subscribed and sworn to
befo me this &?7 day of
Notary P lic
�•► LINDA
C0MSS 0 73261
• e« Ny �E�Iplres
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4473
ORDINANCE TO AMEND THE
PLANNED DEVELOPMENT
OVERLAY PLAN AND SENSITIVE
AREAS DEVELOPMENT PLAN
FOR THE PENINSULA
NEIGHBORHOOD PHASE 3,4
AND 5 LOCATED ON FOSTER
ROAD. (REZ11- 00017)
WHEREAS, the applicant, The
Peninsula Development Company,
has requested amendments to the
Planned Development Overlay
(OPD) Plan and Sensitive Areas
Development Plan for the
Peninsula Neighborhood to
reconfigure lot lines, street design
and mix of single - family, row house
and multi - family buildings and
amendments to the Peninsula
Code to clarify how setbacks for
garages are measured, allow for
porches that are half width of a
house rather than full width, and
allow eating and drinking
establishments within Live/Work
units on Lot 117; and
WHEREAS, the Peninsula
Neighborhood OPD Plan allows for
the construction of up to 410
dwelling units as established in the
Peninsula Neighborhood
Development Agreement; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed
amendments to the Peninsula OPD
Plan Sensitive Areas Development
Plan and has recommended
approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. The
amended Peninsula Neighborhood
OPD Plan and Sensitive Areas
Development Plan attached hereto
and incorporated herein by this
reference, for the property
described below are hereby
approved:
Phase 3 and 4: Beginning at the
Southwest Corner of Outlot "C"
of a Rapist of Peninsula
Neighborhood First Addition in
accordance with the Plat thereof
Recorded in Plat Book 45, at
Page 207 of the Records of the
Johnson County Recorder's
Office and a Point on the
Southeasterly Line of Auditor's
Parcel 2001020 in accordance
with the Plat thereof Recorded in
Plat Book 43 at Page 43 of the
Records of the Johnson County
Recorder's Office; Thence
N89 °59'01 "W along said
Southeasterly Line, 90.40 feet;
Thence S60 °46'28 "W, along said
Southeasterly Line, 1301.43 feet;
Thence N40 "42'52 "W, 477.83
feet; Thence N25 °13'54 "W,
519.90 feet; Thence N64 °46'06 "E,
157.06 feet; Thence
NO3"34'52 "W, 95.35 feet, to the
Western most corner of Lot 102
of The Peninsula Neighborhood
Phase 2A, in accordance with the
Plat thereof Recorded in Plat
Book 53, at Page 136 of the
Recoddrt of the Johnson County
Recorders Office; Thence
S53 °30'11 "E, along the Southerly
Line of said The Peninsula
Neighborhood Phase 2A, a
distance of 188.30 feet; Thence
S70 "45'54 "E, along said
Southerly Line, 56.87 feet;
Thence S59 °28'31 "E, along said
Southerly Line, 47.52 feet;
Thence S89 °19'43 "E, along said
Southerly Line, 59.10 feet;
Thence N73 °05'03 "E, along said
Southerly Line 101.10 feet;
Thence N64 °46'06 "E, 119.17
feet, to the Southeast Comer of
Lot 100 of said The Peninsula
Neighborhood Phase 2A, and the
Southern most comer of Lot 54
of The Peninsula Neighborhood
Second Addition, in accordance
with the Plat thereof Recorded in
Plat Book 46, at Page 186 of the
Records of the Johnson County
Recorder's Office; Thence
N84 °30'41 "E, along the Southerly
Line of said The Peninsula
Neighborhood Second Addition,
a distance of 106.48 feet; Thence
S62 °13'54 "E, along said
Southerly Line, 90.96 feet;
Thence S64 °46'22 "W, along said
Southerly Line, 433.45 feet;
Thence S25 °13'38 "E, along said
Southerly Line, 53.00 feet;
Thence S25 °1 1'37 "E, along said
Southerly Line, 102.73 feet;
Thence S27 °04'01 "E, along said
Southerly Line, 25.01 feet;
Thence S29 °13'54 "E, along said
Southerly Line, 8.94 feet; Thence
N60 "46'06 "E, along said
Southerly Line, 53.00 feet;
Thence N29 °13'54 "W, along said
Southerly Line, 5.23 feet; Thence
N64 °46'06 "E, along said
Southerly Line, 92.24 feet;
Thence S72 °13'54 "E, along said
Southerly Line, 11.70 feet;
Thence S29 °13'54 "E, along said
Southerly Line, 16.27 feet;
Thence N60 °46'06 "E, along said
Southerly Line, 25.00 feet;
Thence N29 °13'54 "W, along said
Southerly Line, 14.52 feet;
Thence N17 °46'06 "E, along said
Southerly Line, 10.91 feet;
Thence N64 "46'06 "E, along said
Southerly Line, 92.26 feet;
Thence S29 °14'40 "E, along said
Southerly Line, 8.95 feet; Thence
N60 "45'20 "E, along said
Southerly Line, 53.00 feet;
Thence N29 °14'40 "W, along said
Southerly Line, 5.23 feet; Thence
N64 "46'06 "E, along said
Southerly Line, 46.35 feet;
Thence S62 °13'54 "E, along said
Southerly Line, 98.68 feet;
Thence S29 °13'54 "E, along said
Southerly Line, 21.48 feet;
Thence N60 °46'06 "E, along said
Southerly Line, 25.00 feet;
Thence N60 °45'42 "E, along said
Southerly Line, 151.52 feet;
Thence N29 "14'18 "W, along said
Southerly Line, 71.51 feet;
Thence N27 °46'06 "E, along said
Southerly Line, 61.46 feet;
Thence S62 "13'54 "E, along said
Southerly Line, 250.95 feet;
Thence Northeasterly, 83.24 feet,
along said Southerly Line on a
54.25 foot radius curve, concave
Northwesterly, whose 75.31 foot
chord bears N73 °48'58 "E;
Thence N29 °43'06 "E, along said
Southerly Line, 98.82 feet;
Thence N29 °51'49 "E, along said
Southerly Line, 52.16 feet;
Thence S60 °08'11 "E, along said
Southerly Line, 120.00 feet;
Thence S59 "58'21 "E, along said
Southerly Line; 27.11 feet, to the
Southeast Corner of Lot 35 of
said The Peninsula Neighborhood
Second Addition, and a Point on
the Southerly Line of said Replat
of Peninsula Neighborhood First
Addition; Thence S30 "01'39 "W,
along said Southerly Line, 17.53
feet; Thence S60 °08'11 "E, along
said Southerly Line, 191.33 feet;
Thence S00 "01'28 "W, along said
Southerly Line, 54.60 feet, to the
Point of Beginning. Said Tract of
Land contains 17.37 Acres, and
is subject to easements and
restrictions of record.
Phase 5: Lots 1, 2, 3, 4, 5, 6, 7
and 7A of Rapist of Peninsula
Neighborhood First Addition,
Iowa City, Iowa, in accordance
with the Plat thereof recorded in
Plat Book 45, at Page 207, in the
records of the Johnson County
Recorder's Office: and also: Lots
52 and 53 of The Peninsula
Neighborhood Second Addition,
Iowa City, Iowa, in accordance
with the Plat thereof recorded in
Plat Book 46, at Page 186, in the
records of the Johnson County
Recorder's Office, containing
2.00 acres and is subject to
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 by law.
SECTION Ill. CERTIFICATION
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 County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV. REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY, If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 3rd day
of April, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Kan, City Clerk
PRELIMINARY PLAT AND OPO PUN
THE PENINSULA NEIGHBORHOOD PHASE 5
IOWA CITY, IOWA _
VIM, ieu-
8
April 12, 2012
PC 6000005216
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 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. 12 -4474 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of April,
2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on April 12, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
JulieX Voparil
Deputy City Clerk
nter's Fee $ 44 lo. II
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I b (cam se ASR?'
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):
L_ 1 2- L
Legal Cle
Subscribed and sworn to
befor me this !L 1'�"day of
A.D. 20-16L.
Notary Public
vOaty LINDA KROTZ
>g i CortllfilSSiol1 Number 732619
. My Ex prs C 1
OFFICIAL PUBLICATION _ OFFICIAL PUBLICATION'
ORDINANCE NO. 12 -4474
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES,
CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS,
FINES, AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION, TO
AMEND FEES
WHEREAS, Iowa City Code section 3 -4 -7: Public Transportation: sets the
Amount of Fee for various Transit matters; and
WHEREAS, effective July 1, 2012 Transit operations will no longer be
included in the General Fund budget; and
WHEREAS, Transit operations wish to attain a goal of user fees covering
30% - 35% of actual operating costs; and
WHEREAS, the last transit fee increase was on July 1, 1996;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION 1. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7,
PUBLIC TRANSPORTATION: is hereby amended by deleting it in its
entirety and replacing it as follows:
3 -4 -7: PUBLIC TRANSPORTATION:
Description of Fee, Charge, Amount of Fee, Charge, Fine
Fine or Penalty or Penalty
General fares and rates:
Standard fare, general public 1.00
24 hour pass 2.00
Children (K -12). 0.75
Children under 5 years old Free
School Field Trip (per person) 0.75
Bus Passes:
31 -Day Pass (Adult, 18 years old and up)
32.00
31 -Day Pass (Youth, K -12)
27.00
31 -Day Pass (Bulk sales)
28.00
31 -Day Pass (Low Income)
27.00
31 -Day Pass (City Employee) Half Price of 31
-Day Pass (Adult)
10 -Ride Pass
8.50
20 -Ride Pass (University of Iowa)
17.00
University of Iowa Semester Pass (Prorated)
100.00
Kirkwood Semester Pass (Prorated)
100.00
Youth Semester Pass (K -12, Prorated)
100.00
Special fares:
Elderly persons (off peak. only, 60+ years) 0.50
Elderly Low Income (off peak only, pass required) Free
Person with Disability (off peak only, pass required) Free
Saturday Family Fare (Up to 2 adults and 2 children) 1.00
Bicycle Lockers:
Annual (Prorated) 75.00
Miscellaneous:
Use of City Vehicle and Operator Fully allocated Gost per hour
Bus and Shop .35
SECTION 11, REPEALER. All ordinances and parts of ordinances in con-
flict with the provision of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordinance as a whole or any sec-
tion, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE, This Ordinance shall be effective on July
1, 2012.
Passed and approved this 3rd day of April, 2012.
s /Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
Pc- 6WOD0519e April 12, 2012
I r 1
14 M46
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 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. 12 -4475 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of
April, 2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on April 26, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012.
-Ju ' K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
mm
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 r
time(s), on the following date(s):
.,
Subscribed a�td sworn to
befo me this =2 (e •day of
A.D. 20J.:AP .
Notary Public
uWA KROTZ
Com trim Nwrdw 732619
My � 1
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4475
AN ORDINANCE AMENDING
TITLE 3, ENTITLED "FINANCES,
TAXATION &FEES," CHAPTER
4, -SCHEDULE OF FEES,
RATES, CHARGES, BONDS,
FINES, AND PENALTIES,"
SECTION 6, " STORMWATER
UTILITY FEE" AND AMENOM
TITLE 16 ENTITLED "PUBLIC
WORIf8 " CHAPTER 3, "C(TY
. UTILITIES," ARTICLE G,
"STORM WATER COLLECTION,
DISCHARGE AND RUNOFF,"
SECTION 10(F)P) TO CHANGE
THE RATE OF THE
STORMWATER UTILITY FEE.
WHEREAS, pursuant to Chapters
384 and 388, Code of Iowa (2011)
the City of Iowa City is authorized
to establish a stormwater utility
and provide for the collection of
rates and charges to pay for said
utility; and
WHEREAS, stormwater utility
rates fund the stormwater utility
system over time; and
WHEREAS, the flat rate for an
Equivalent Residential Unit (ERU)
will increase from $2.50 to $3.00,
and the multiplying rate for non-
residential properties will increase
from $1.00 to $1.25.
NOW, THEREFORE, BE IT
ORDAINED BY THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
.SECTION I AMENDMENT. Title 3,
Chapter 4, Section 6, entitled
"Stormwater Utility Fee" is hereby
amended by increasing the fee to
$3.00.
SECTION Il. AMENDMENT. Title
16, Chapter 3, Article G, Section
10, Subsection F, entitled
"Determination of Storm Water
Utility Charge ", Paragraph 3, is
hereby amended by substituting
one dollar ($1.00) with $1.25.
SECTION III. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION V EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication.
Passed and approved this 17th
day of April, 2017.
s/Matthew J. Hayek, Mayor
Attest: Marian K. Karr, City Clerk
PCaOOOD05ee2 April 26, 2012
' r 1
=Oi— :;- -4
memo
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356 -5000
(3 19) 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. 12 -4476 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of
April, 2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on April 26, 2012.
Dated at Iowa City, Iowa, this 4th day of May 2012. t' K. V
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
i
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):
i
Subscribed and sworn to
before me this _sPJot*'day of
A.D. 20_JiP�_-
r :1101
LINDA ! ROTZ
��. Colranisslort Nimber 732619
my � Y
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4476
ORDINANCE AMENDING TITLE
10 OF THE CITY CODE,
ENTITLED "USE OF PUBLIC
WAYS AND PROPERTY,"
CHAPTER 3, ENTITLED,
"COMMERCIAL USE OF
SIDEWALKS," TO ALLOW
SIDEWALK CAFES
AGREEMENTS TO BE
APPROVED ADMINISTRATIVELY
AND TO DECREASE THE ALLEY
SETBACK.
WHEREAS, the process for
approval of sidewalk cafes has
become quite routine since the
ordinance was adopted in 1995;
WHEREAS, it is appropriate for
staff to enter into the right of way
easement agreements for sidewalk
cafes without the need for Council
approval;
WHEREAS, cafes are currently
required to be located no closer
than ten feet (10') to an alley;
WHEREAS, safety will not be
lessened if the setback is
decreased to two feet (2) as long
as fencing material is less than
twenty percent (20 %) solid; and
WHEREAS, it is in the City's
interest adopt this amendment.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I AMENDMENTS,
1. Title 10, entitled "Use of
Public Ways and Property,"
Chapter 3, entitled "Commercial
Use of Sidewalks," Section 1, enti-
tled "Definitions," is amended by
deleting the definition of "sidewalk
caf6" and adding the following new
definition:
Sidewalk Caf6. An outdoor area
located temporarily on a public
right of way, pursuant to an agree-
ment, contiguous with any side of
a building wherein a restaurant is
located and where food and bever-
ages are taken for consumption by
persons sitting or standing at
tables in that area.
2. Title 10, entitled "Use of
Public Ways and Property,"
Chapter 3, entitled "Commercial
Use of Sidewalks," Section 3, enti-
tled "Use for Sidewalk Cafes,"
Subsection B, entitled "Usable
Sidewalk Caf6 Area," is amended
by adding the following new sen-
tence at the end of Paragraph 2:
However, a cafe may be located
between two feet (2') and ten feet
(10') from an alley if the fencing
located within ten feet (10') is a
type that is less than twenty per-
cent (20 %) solid.
3. Title 10, entitled "Use of
Public Ways and Property,"
Chapter 3, entitled "Commercial
Use of Sidewalks," Section 3, enti-
tled "Use for Sidewalk Cafes
Subsection B, entitled "Usable
Sidewalk Cafe Area," is amended
by deleting the first sentence of
Paragraph 5 and substituting the
following new sentence in lieu
thereof:
A sidewalk cafe may encompass
or ,utilize an elevated planter,
including a planter that is not
directly in front of the establish-
ment to which it is connected, if
the applicant demonstrates to the
satisfaction of City Manager, or
designee, that the proposed cafe
meets the following criteria.
4. Title 10, entitled "Use of
Public Ways and Property,"
Chapter 3, entitled "Commercial
Use of Sidewalks," Section 3, enti-
tled Use for Sidewalk Cafes,"
Subsection E, entitled "Sidewalk
Cafe Easement Agreement," is
amended by deleting Paragraphs
2 -4 and substituting the following
new Paragraphs 2 and 3 in lieu
thereof:
E2. The City Manager, or desig-
nee, shall either grant or deny the
application within thirty (30) days of
the application being filed. If the
application is granted, the City
Manager, or designee, is autho-
rized to enter into a public right of
way easement agreement. If the
application is denied, the applicant
may appeal to the City Council by
filing a written appeal with the City
Council, and the appeals process
shall be the same as provide for
mobile vendors in this chapter.
E3. Even after execution of a
public right of way easement
agreement, the City Manager, or
designee, shall retain the right to
terminate the easement agreement
but only after written notice of vio-
lation has been given and the time
to cure the violation has expired.
Grounds for termination of the
easement agreement shall include,
but not be limited to, repeated
violations of the state and liquor
control laws, violations of the ease-
ment agreement, and creating a
safety hazard, health hazard and/or
public nuisance under state or
local law. Additionally, the City
Manager, or designee, retains the
right to terminate the easement
agreement and direct removal of
sidewalk cafe operations if there is
a substantial and reasonable need
for use of the public right of way for
a valid public purpose. The caf6
owner has the right to appeal a
decision to terminate the agree-
ment to the City Council. The
appeals process shall be the same
as provided for mobile vendors in
this chapter.
SECTION II. REPEALER. All
ordinances and parts of ordinanc-
es 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 IVV, SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IVV, EFFECTIVE DATE,
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 17th
day of April, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
K- WOW05-M April 26, 2012
I l 1
Ilk *amp
�,l
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa S2240-1826
(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. 12 -4477 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1 st day of May,
2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 10, 2012.
Dated at Iowa City, Iowa, this 21st day of June 2012.
v
Ju ft . Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
/ -
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):
Subscribed and sworn to
before me this day of
Notary Public
F „.L LINDA KROTZ
Sy Commission Number 732614,
• My Commission Expires 1
°+�• January 27, 2014
OFFICIAL PUBLICATION
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
ORDINANCE NO. 12 -4477
COUNCIL OF THE CITY OF IOWA
AN ORDINANCE AMENDING
TITLE 14, ZONING, ARTICLE 9A,
CITY, IOWA:
SECTION I: The Code of
GENERAL DEFINITIONS,
Ordinances of the City of Iowa City,
CHANGING THE DEFINITION OF
Iowa is hereby amended as fol-
"HOUSEHOLD” AS IT APPLIES
lows:
IN THE RM -44, PRM, RNS -20,
A. Delete the definition of
AND CO -1 ZONES.
"Household" in Article 14 -9A,
WHEREAS, "Household Living" is
General Definitions, and substitute
the most prevalent land use within
in lieu thereof:
the city, and includes single family
HOUSEHOLD: A Household is \
dwellings, two - family dwellings
(duplexes), and multi - family dwell-
defined as:
or
ings (apartments); and
. One person;
- 2 or more persons related by
WHEREAS, by definition, only
one Household may live within a
blood, marriage, adoption or
by a governmental or
Household Living Use; and
placement
social service agency plus up to
WHEREAS, in all single family
zones, the low density multi - family
1 unrelated person, occupying a
dwelling unit as a single house -
zone (RM -12) and all commercial
keeping organization; or
zones, except the commercial
. A group of not more than 3
office zone (CO -1), a household
persons unrelated by blood,
may consist of a family and up to
one unrelated person; or a group of
marriage, or adoption, occupy -
ing a dwelling unit as a single
not more than 3 unrelated persons;
housekeeping organization; or
and
- A group of persons that meet
WHEREAS, it is only in the high
the definition of a Group
density multi - family zones (RM -44
Household, as defined in this
& PRM) and the medium density
Title.
multi - family zones (RM -20 & RNS-
B. Delete subsection 14- 4E -9C,
20) and the commercial office zone
and substitute in lieu thereof:
(CO -1) that more than 3 unrelated
C. The maximum occupancy, as
persons may reside within one
determined by the Building
dwelling unit; and
Official based on the applicable
WHEREAS, in the RM -44 and
regulations effective February
PRM Zones up to 5 unrelated per -
21, 2012, will be applied to: 1)
sons may reside within one dwell-
any development activity asso-
ing unit; and in the RM -20, RNS-
ciated with establishing or con -
20, and CO -1 Zones up to 4 unre-
structing a residential use for
lated persons may reside within
which a valid permit was issued
one dwelling unit; and
on or prior to February 21, 2012;
WHEREAS, the location of the
or, 2) any residential use for
University campus in close proxim-
which a valid rental permit was
ity to older residential neighbor-
issued prior to (the effective
hoods where the aforementioned
date of this ordinance), the
zoning designations are prevalent,
effective date of the current
in combination with the aforemen-
tioned occupancy standards for
maximum occupancy regula-
tions. For such uses, legal non -
unrelated persons in these zones,
conforming rights will be grant -
create an incentive to develop or
ed for this maximum occupan-
redevelop property with residential
cy
apartments intended primarily for
SECTION II: REPEALER. All ordi-
short term residents, primarily s
nances and parts of ordinances in
versify undergraduate students, ,
conflict with the provisions of this
with less emphasis on providing
Ordinance are hereby repealed.
commercial space or residential
SECTION III: SEVERABILITY. If
dwellings attractive to longer term
any section, provision or part of the
residents; and
Ordinance shall be adjudged to be
WHEREAS, there is a desire to
invalid or unconstitutional, such
maintain and support a market for
adjudication shall not affect the
a wide variety of businesses and
validity of the Ordinance as a
residents in the downtown to
whole or any section, provision or
ensure the long term economic
part thereof not adjudged invalid or
health of the downtown and the
unconstitutional.
surrounding residential neighbor-
SECTION IV. EFFECTIVE DATE.
hoods; and
This Ordinance shall be in effect
WHEREAS, it is common practice
after its final passage, approval
to control maximum occupancy
and publication.
within residential dwellings to pre-
Passed and approved this 1st
vent overcrowding, to control park-
day of May, 2012.
ing and traffic congestion, to main-
s /Matthew J. Hayek, Mayor
tain a stable population, and to
Attest: s/Marian K. Karr, City Clerk
preserve or foster a certain charac-
ter within an area; and
WHEREAS, the Central District
PC- 6WOW6335 May 10, 2012
element of the Comprehensive
Plan contains a goal to explore
ways to make more of the existing
and future rental housing in the
Central District available to families
and other non - student populations
in need of affordbble housing, e.g.
revisiting occupancy rules and
housing code provisions to dis-
courage or prevent unmanaged
dorm -style apartments; and
WHEREAS, amending the defini-
tion of "Household" to be consis-
tent across all zoning district will
allow all types of households,
including both student and non -
student households, to compete in
the market for housing in central
neighborhoods close to employ-
ment opportunities and cultural,
educational, and commercial ser-
vices and amenities.
► r 1
=z—a - 4
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa S2240 -1826
(3 19) 356 -5000
(319) 3S6 -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. 12 -4478 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of May,
2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 10, 2012.
Dated at Iowa City, Iowa, this 21st day of June 2012.
�v
Julie F . Voparil
Deputy City Clerk
Printer's Fee $ 3 3.3 9
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
11 5-W Ari r7_
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):
Subscribed and sworn to
before me this _Mrt day of
A.D. 20P-
Notary Public
W)I Iuc LINDA KROTZ
Commission Number 732610
My Commission Expires
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4478
ORDINANCE DESIGNATING
1.25 -ACRES OF LAND LOCATED
AT 108 MCLEAN STREET AS AN
IOWA CITY HISTORIC
LANDMARK (REZ12- 00004)
WHEREAS, the owner, Parish
Apartment LLC, has requested a
rezoning of property located at 108
McLean Street to designate the
property as an Iowa City Historic
Landmark; and
WHEREAS, the Historic
Preservation Commission has
reviewed and evaluated the signifi-
cance of the building located on
the property and has determined
that it meets the requirements for
designation as an Iowa City
Historic Landmark; and
WHEREAS, at a public hearing on
March 9, 2012 the Historic
Preservation Commission recom-
mending approval of the subject
property as an Iowa City Historic
Landmark; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning to
designate the subject property as
an Iowa City Historic Landmark:
and
WHEREAS, the Planning and
Zoning Commission found the pro-
posed designation complies with
the Comprehensive Plan policies
that encourage the protection of
historic properties.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Property
described below is hereby desig-
nated as an Iowa City Historic
Landmark:
Retracement Plat of Survey Lots
10, 11, & 12 in Block 3 and part of
Lot 6 Block 4, Manville Heights
Addition, Iowa City, Iowa, in
accordance with the Plat thereof
recorded in Plat Book 55, at Page
352, in the records of the Johnson
County Recorder's Office, con-
taining 1.25 acres, (54,498 square
feet), and subject to easements
and restrictions of record.
SECTION II ZONING MAP. The
Building Inspector is hereby autho-
rized 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 by law.
SECTION III. CERTIFICATION
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 Sensitive Areas
Development Plan and to record
the same, at the office of the
County Recorder of Johnson
County, Iowa, at the owner's
expense, all as provided by law.
SECTION IV. REPEALER. All
ordinances and parts of ordinanc-
es in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V SEVERABILITY If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 1st
day of May, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
Pc -s 0006334 May 10, 2012
� r
4 1 M4 6
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 3S6 -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. 12 -4479 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of May,
2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 10, 2012.
Dated at Iowa City, Iowa, this 21st day of June 2012.
ti K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
Subscribed and sworn to
before me this !0'4' day of
il�A.D.20_/�•
Notary Public
,.� EINbA KRO7Z�
Oo�is: im Num, ,73261
o. My JC 1
OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICAI IUN
ORDINANCE NO. 12 -4479
AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -80, BONUS PROVISIONS, ADDING A
FLOOR AREA BONUS FOR CONSTRUCTING CLASS A OFFICE SPACE ON UPPER FLOORS WITHIN A
MULTI -STORY BUILDING IN A CENTRAL BUSINESS (CB -10) ZONE.
WHEREAS, the Central Business District is intended to be the high density, compact, pedestrian - oriented shop-
ping, office, service and entertainment area in Iowa City; and
WHEREAS, there is a desire to maintain and support a market for a wide variety of businesses in the downtown
to ensure the long term economic health of the downtown; and
WHEREAS, one of the primary economic development goals of the City is to attract businesses that will provide
high quality jobs;
WHEREAS, construction of Class A office space in the Central Business District will help to attract businesses
that provide high quality jobs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A" Amending Table 2C -4, Bonus Provisions, by adding the following bonus provision that would apply in the
CB -10 Zone as indicated below (the remainder of said table shall remain unchanged):
Provision of Class A office space on floors above the Up to 2 sq. ft. of floor area for every 1 sq. ft. of Class
ground -level floor of the building. To qualify for this A office space provided on floors above the ground -
bonus, only non - residential uses shall be allowed in level floor of the building.
the Class A office space.
As defined by the Building Owners and Managers
Association International (BOMA), Class A Office
Space is space that is of a quality that is attractive
for premier office users with rents above average for
the area. Class A Office Buildings have high quality
standard finishes, state of the art systems, excep-
tional accessibility and a definite market presence.
B. Deleting footnote 6 in Table 2C -2(a), Dimensional Requirements for all Commercial Zones, except the MU
Zone, and substituting in lieu thereof:
6Maximum FAR is 10, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the
FAR may be increased up to a maximum of 15.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi-
sion or part thereof not adjudged invalid or unconstitutional.
SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication.
Passed and approved this 1st day of May, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
PC-6000006332 May 10, 2012
X0 ®1��1
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. 12 -4480 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of
May, 2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 24, 2012.
Dated at Iowa City, Iowa, this 21st day of June 2012.
�. VopariI T
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED.ID #42- 0330670
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):
T — 1
7g,Leal
MW Wlaft�
Subscribed and sworn to
be ore me this 3644—day of
A.D. 20
Notary Public
LINDA KROTZ
'rSF Commission Number 732619
My Commission Expires
January 27, 2014_
Ile
OFFICIAL PUBLICATION
NOW, THEREFORE, BE IT
ORDINANCE NO. 12 -4480
ORDAINED BY THE CITY
AN ORDINANCE VACATING A
COUNCIL OF THE CITY OF IOWA
PORTION OF THE MELROSE
CITY, IOWA:
SECTION I. VACATION The City
PLACE RIGHT -OF -WAY
LOCATED ADJACENT TO LOTS
of Iowa City hereby vacates to the
1 -8, MELROSE PLACE, IOWA
University of Iowa, that portion of
CITY, IOWA.
the Melrose Place street right -of-
WHEREAS, the applicant, The
way shown on the attached
Vacation Exhibit and legally
University of Iowa Board of
described as follows:
Regents, owns certain contiguous
PART OF THE MELROSE PLACE
lots surrounding the Melrose Place
RIGHT -OF -WAY AND THE
cul -de -sac, upon which there are
presently located single family
homes; and
_
PUBLIC RIGHT -OF -WAY
WHEREAS, the University desires
ADJACENT TO LOTS 6 AND 7
to construct a surface parking lot
FROM SAID MELROSE PLACE
over and across these lots, as well
RIGHT -OF -WAY TO THE IOWA
as over and across a portion of the
INTERSTATE RAILROAD
Melrose Place right -of -way in con-
(FORMERLY C.R.I. &P. R.R.) AS
junction with its expansion of the
DEFINED BY THE FINAL PLAT
Children's Hospital;
OF MELROSE PLACE, JOHNSON
WHEREAS, the University has
COUNTY, IOWA RECORDED IN
therefore requested that the City
BOOK 4, PAGE 292, PLAT
vacate and convey to it that portion
RECORDS OF JOHNSON
of the Melrose Place street right -of-
COUNTY, IOWA FURTHER
way located adjacent to its prop-
DESCRIBED AS FOLLOWS:
erty; and
BEGINNINGATTHE NORTHEAST
WHEREAS, that portion required
CORNER OF SAID LOT 7;
to be vacated will no longer serve
THENCE N89 °14'43 "E ALONG
its current public purpose if the
THE SOUTH LINE OF LOT 8 OF
University -owned houses are
SAID MELROSE PLACE, 10.00
demolished,
FEET TO THE SOUTHEAST
WHEREAS, the University has
CORNER OF SAID LOT 8;
agreed, as consideration for this
THENCE NO3 °19'15 "W ALONG
vacation, to grant to the City a
THE EAST LINE OF SAID LOT 8,
public access easement over the
59.02 FEET; THENCE
parking lot to provide appropriate
N86 °40'45 "E, 30.00 FEET;
traffic circulation for the public
THENCE NO3 °19'15 "W ALONG A
needs associated with the remain-
LINE PARALLEL AND 30.00 FEET
ing homes along the remaining
DISTANT TO THE WEST RIGHT -
Melrose Place right -of -way; and
OF -WAY LINE OF MELROSE
WHEREAS, the University has
PLACE, 193.10 FEET; THENCE
also agreed to reconstruct the
N89 °32'47 "E, 20.03 FEET TO
remaining Melrose Place right -of-
THE NORTHWEST CORNER OF
way, including the reconstruction
LOT 1 OF SAID MELROSE
the pavement, curb and gutter, a
PLACE; THENCE S03 °19'15 "E
4 -foot sidewalk, sanitary sewer
ALONG THE WEST LINE OF
abandonments as needed, water
LOTS 1, 2, 3, AND 4 OF SAID
main improvements, and storm
MELROSE PLACE, 253.36 FEET
water management improvements;
TO THE SOUTHWEST CORNER
and
OF SAID LOT 4; THENCE
WHEREAS, the University has
N89'1 4'43"E ALONG THE
further agreed to certain conditions
SOUTH LINE OF SAID LOT 4,
10.00 FEETTO THE NORTHWEST
regarding the design, screening,
CORNER OF LOT 5 OF SAID
and lighting of the proposed park-
MELROSE PLACE; THENCE
ing area in order to minimize
S03 °19'21 "E ALONG THE WEST
impacts on the surrounding resi-
LINE OF SAID LOT 5, 60.00 FEET
dential neighborhood; and
TO THE NORTHEAST CORNER
WHEREAS, vehicle access to the
OF SAID LOT 6; THENCE
parking lot from Melrose Place will
S89 °14'50 "W ALONG THE
be a one -way entry only to mitigate
NORTH LINE OF SAID LOT 6,
traffic control concerns at the inter-
56.09 FEET TO THE
section of Melrose Place and
SOUTHEASTERLY LINE OF SAID
Hawkins Drive; and
PUBLIC RIGHT -OF -WAY;
WHEREAS, it is in the City's inter-
est to vacate the public right -of-
—
way, or portions thereof, that are no
THENCE S43 °18'02 "W ALONG
longer necessary for public access,
SAID SOUTHEASTERLY RIGHT -
and
OF -WAY LINE, 86.54 FEET TO
WHEREAS, the Planning and
THE NORTHEASTERLY RIGHT -
Zoning Commission recommended
OF -WAY LINE OF SAID IOWA
vacation of a portion of this right-
INTERSTATE RAILROAD;
of -way subject to conditions men-
THENCE N49 °45'32 "W ALONG
tioned above; and
SAID NORTHEASTERLY RIGHT -
WHEREAS, on May 1, 2012, the
OF -WAY LINE, 10.01 FEET TO
City Council adopted a Resolution
THE NORTHWESTERLY RIGHT -
of intent to consider the proposed
OF -WAY LINE OF SAID PUBLIC
conveyance of this property,autho-
RIGHT -OF -WAY; THENCE
rized the publication of public
N43 °18'02 "E ALONG SAID
notice of said proposal, and set the
NORTHWESTERLY RIGHT -OF-
date and time for public hearing;
WAY LINE, 77.40 FEET TO THE
CORNER OF SAID
and
WHEREAS, following public hear-
SOUTHEAST
LOT 7; THENCE NOW22'12 "W
ing on the proposed vacation, the
ALONG THE EAST LINE OF SAID
City Council hereby finds that it is
LOT 7, 60.00 FEET TO THE
in the public interest to vacate this
POINT OF BEGINNING
property and ultimately dispose of
CONTAINING 0.27 ACRES
same to the University of Iowa
(11,876 SQ.FT.) MORE OR LESS.
without compensation, in exchange
SUBJECT TO EXISTING
for the performance of certain site
improvements.
k"- 14 4
EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION II, REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 15th
day of May, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City
Clerk
ac- ea0000eeeo May 24, 2012
mow.. 1z- L-(L-k �-a V
VACATION EXHIBIT
Prepared by R. Rodney nen Anderson- Bogert Engineers & Surveyors, Inc, 0 60
4001 Ricer Ridge Dr. N.E. Cedar Rapids, Iowa 52402
rnvA ms AM M9
�M MEET
x. eTARtrs 14FRWH ARE OASED
UPON IOWA 51AIC PLAYF NAD e!
ISOUTH fOHG
M Of IOWA Ott
tidy 8
0�
J ' 'PROPOSED,—
��et Description
PMT 0 THE VP3A03E PIKE Ralir- or -7MAY AND THE PVKM
'
fiotR-Or -NAY Ao3+4D.T TO 1075 6 AN0 7 FROU SAO
R.O.W. VACATE
i LOT 9
—
DµtJM�1T K wfl1105L PUCE.LkP. RA OOUNTT. OM P OMED
N86'40'45'
f
30.00'^
IOsu1 OESCR5E0 As r0[LOAS:
FNO 1/2' -,,
T W4.10 At THE NORWAST COKM or Sw LOT 71
REHAR_-
i
LOT 8
20.03'
S'AO MEtROSE PLACE. 1047 fEFT TO 1M SoUTMAST CORER
-
or SAO tot 61
Na9'l
THENCE NosT9't6'9 ALoU7 M EAST USE Or SLD Lot &
O 00Y,
5942 RO;
1
P.0.e
I LOT 7
LOT T
1`' ]OY 11 :lV n - \
FN \
T \
` 01 LOT 6 \
H4Y43'32'W
FNO 5/8' IR
I egand
��et Description
PMT 0 THE VP3A03E PIKE Ralir- or -7MAY AND THE PVKM
'
fiotR-Or -NAY Ao3+4D.T TO 1075 6 AN0 7 FROU SAO
---' --' — — —
Yf1ROSE FlAGC RPIT -Or -WAY TO THE IPM WIERSYATE
—
DµtJM�1T K wfl1105L PUCE.LkP. RA OOUNTT. OM P OMED
Found Iron Pips (Unless Noted)
W 010 4. PAGE 291. PIAT MORM Or JOKVK" CO11W
60/MARTMITA
FT10 3/8' IR
IOsu1 OESCR5E0 As r0[LOAS:
w /Red Cap 116546
T W4.10 At THE NORWAST COKM or Sw LOT 71
6732'47'T:
TMIUICE N6P1a•43'E ALONG R9: SWTH to of wT 8 or
20.03'
S'AO MEtROSE PLACE. 1047 fEFT TO 1M SoUTMAST CORER
-
or SAO tot 61
Found Section / Quorter Corner
THENCE NosT9't6'9 ALoU7 M EAST USE Or SLD Lot &
Measured
5942 RO;
TMEY.CB SGIT40'45'& 3040 FEET!
TNt7MCE k0r NG l9'l5'W ALO A UK PARALLEL AVO 3000 fEET
LOT T
DISTANT 10 n1E NEST k04T- of -1UY LM OF UaROSC PUC&
193.10 FEET:
TM 04CC Ne9'3f'47'E. 2043 FEET TO THE M)ROMTST CORKER
Of Lor 1 OF W2 MELAWC P1ACft
.— -- -- -- — —
THENCE SOS'19'15'E AtANO 7HE WEST IA.E OF L01S M. 2. 3.
MO 4 OF SAID MQROSE P1ACf. 213.5E FEET To THE
b
SOUMNEST CORNER OF SNO LOT 41
NC: U N69114'437E ALOW TILE SOUTH L04E OF SNO LOT 4.
ill
10.00 FM TO TM MOMI NEST CO'OW Or LOT 6 OF SW
n n 2
MELE PLACR
AOS
L07
LoLott6T S.
TywRM
a fTIT 107 Nottlir St CORKR OF S
9Nq�
T S.
►EE OF O PSUBUC
`�'
36 p9 TO THE SOVR1fASTFJ6Y�4V[ SHOLL
Q is
Ea °LM2iT�. i31 f T�IHEAStURY
RTHd T YJiAY' FEf�t
ROTE- or -wAY LWC Or SAO 10106 enERVATE WAPOM'.
LOT 3
THEM£ N4741'32'W NOl10 SM tiOTME IER1Y
IOMT -OF' -EMT UK OF 9H Pum RQIT WAYTFAIY
ngm N4ylowx ALONG SAO NOWK%TSTERtY
- —
A0(T -OF -NAY L9i[. 17.40 FEET to TMd' SOUTHEAST COF`M
—' -- - -�—
OF ENO Lot 71
T 7'
MLTtic coo rMM
W40 � To THE PONT Of BEG 0.27
ACRES (11,076 SO3t) mow OR LESS
LOT 4
SIlmv To 01 YNC Us07TMS AVO RESIINCTANs or
Tt89'14'43'E
RECORD. .
TOTAL AREA
0.27 ACRES
(11.878 SO.FT.) a$
�� LOT 5
1`' ]OY 11 :lV n - \
FN \
T \
` 01 LOT 6 \
H4Y43'32'W
FNO 5/8' IR
I egand
Boundory Uns
Adjoir nq Lot lane — — — —
---' --' — — —
Seelion Line —
—
Ruxd'uly Setbock tine ..... • .. • • • • • • • ' • " "
Found Iron Pips (Unless Noted)
•
Found $/e' Rebor
0
w /Red Cap 116546
Set ye' =30- Rebor
a
w /oron9s Cop 118648
Set Section /Quarter Corner
Q
Found Section / Quorter Corner
•
Measured
(M)
LOCATION MAY
Amemo
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356 -5000
(319) 3S6 -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. 12 -4481 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of
May, 2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 24, 2012.
Dated at Iowa City, Iowa, this 21st day of June 2012.
Voparil
Deputy City Clerk
Printer's Fee $�
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
Legal Cl
Subscribed and sworn to
befor me this 3410`day of
A -D. 20� --
Notary Public
AN 1„L LINDA KROTZ
Commission Number 732619
My Commission Expires
January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4481
AN ORDINANCE REZONING
APPROXIMATELY 2.43 ACRES
OF LAND FROM INTENSIVE
COMMERCIAL (CI -1) TO
COMMUNITY COMMERCIAL
(CC -2) FOR PROPERTIES
LOCATED EAST OF WEST SIDE
DRIVE AND NORTH OF
MORMON TREK BOULEVARD
NEAR ITS INTERSECTION WITH
HIGHWAY 1 WEST (REZ12-
00003).
WHEREAS, the applicant,
McDonald's USA, LLC, has
requested a rezoning of property
located east of West Side Drive and
north of Mormon Trek Boulevard
near its intersection with Highway 1
West from Intensive Commercial
(CI -1) to Community Commercial
(CC -2);
WHEREAS, two properties adja-
cent to the applicant's property that
are similarly situated with visibility
and access to two major arterial
streets are included in this rezoning
action, with the consent of the
property owner, in order to create a
consistent and logical zoning pat-
tern; and
WHEREAS, the Comprehensive
Plan indicates that this area is
intended to provide the opportunity
for a large variety of commercial
uses that serve a major segment of
the community, and due to the
location at the intersection of two
arterial streets and near a highway
interchange serve a regional mar-
ket with visibility and access more
suited to retail commercial uses
and restaurants rather than for qua-
si- industrial uses or back office
functions; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of Intensive Commercial (CI-
1) to Community Commercial (CC-
2):
LEGAL DESCRIPTION
LOTS 1, 2, AND 3 OF WEST SIDE
PARK ADDITION, IOWA CITY,
JOHNSON COUNTY, IOWA, AS
DESCRIBED IN BOOK 38, PAGE
113 BY THE JOHNSON COUNTY
RECORDER.
SECTION II. ZONING MAPP, The
Building Inspector is hereby autho-
rized 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 by law.
SECTION 111. CERTIFICATION
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 County Recorder`
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY, If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION VI 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 May, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City
Clerk.
PC- 6000006930 May 24, 2012
I r
-4
�III�
r,w ®����
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. 12 -4482 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of
May, 2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 24, 2012.
Dated at Iowa City, Iowa, this 21st day of June 2012.
k 2nj7=?=r`_ 0
Ju ie . Voparil
Deputy City Clerk
�.. \2 - Lk LE gD-, iz,�� -V� °f,
Printer's Fee $ i :O to
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, R S.TZ
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):
tL
Leg;Ck
Subscribed and sworn to
before me this j1%44- day of
A.D. 20�.
Notary Public
*C LINDA KROTZ
ommission Number 732619
My Commission Expires
Jan 27, 2014
OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4482
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLES 2B AND 2C, AND PARAGRAPH 14- 4B -4A -7 TO
ESTABLISH THREE AS THE MAXIMUM NUMBER OF BEDROOMS ALLOWED WITHIN A MULTI - FAMILY
DWELLING UNIT IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY
USES AND TO ESTABLISH NEW RESIDENTIAL DENSITY FORMULAS FOR MULTI - FAMILY USES LOCATED
IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES.
WHEREAS, one of the stated purposes of the zoning code is to regulate population density to avoid undue
concentration of population and overcrowding of land and to foster a convenient, compatible and efficient relation-
ship among land uses; and
WHEREAS, in multi - family zones and in commercial zones that allow multi - family dwelling units, the zoning code
currently regulates residential density based on the number of dwelling units regardless of the number of bed-
rooms per unit; and
WHEREAS, in Downtown Iowa City and in Iowa City neighborhoods close to the University of Iowa campus, the
demand for student rental housing is highest. These areas coincide with the City's medium and high density multi-
family zones and mixed -use commercial zones, including the central business zones; and
WHEREAS, in the aforementioned neighborhoods and commercial districts close to campus, multi - family dwell-
ing units are typically designed, marketed and leased on a per- bedroom basis rather than on a per -unit basis in
response to the strong market for short-term rentals; and
WHEREAS, the current method of regulating density in the aforementioned areas and zones provides a disincen-
tive to construct smaller multi - family dwelling units because the same amount of land area is required for a
1- bedroom apartment as for a 3, 4, or 5- bedroom unit, which has resulted in a market where only apartments with
large numbers of bedrooms are nroduc o_ttt@ ex ifs Qf smaller units regardless of the unmet, demand for
smaller rental units that may be attractive to demographically - diverse populations; and
WHEREAS, the lower intensify commercial zones and the low density multi- family zone are often used as buffers
or transition zones in outlying areas of the City and /or in close proximity to lower density residential areas, includ-
ing older, more historic single family residential neighborhoods in the central core of the city, so establishing a
residential density standard for the lower intensity commercial zones that is consistent with the current residential
density standard in the low density multi - family zone, will provide a more compatible transition to nearby single
family neighborhoods; and
WHEREAS, the Comprehensive Plan encourages the development of a diversity of housing types in every neigh-
borhood to provide living opportunities for all Iowa City residents and to support a diversity of businesses in
mixed -use commercial zones and the Central Business District that serve a broad spectrum of the Iowa City
population, and
WHEREAS, establishing a minimum lot area per bedroom for multi - family dwellings in medium and high density
multi - family zones and in the central business zones will provide for better control of population density, help
stabilize neighborhoods near the University campus, and encourage development of a diversity of housing types
and sizes to support a healthy mix of businesses in the Central Business District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:_
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amending Table 213-2, Dimensional Requirements for Multi- Family Residential Zones, deleting the current
"Area/Unit" standards for Multi - Family, and substituting the following cross - references: "See Table 213-3,
Maximum Density Standards for Multi - Family Dwellings in Multi- Family Zones ".
B. Inserting the following Table 2B -3, within Section 14 -213-4, Dimensional Standards, immediately following
Table 213-2.
Table 2B -3: Maximum Density Standards for Multi - Family Dwellings in Multi - Family Zones'
Zone
RM -12
RM -20 & RNS -20
RM -44
PRM
CN -1 & MU
Efficiency or 1- Bedroom Unit
2,725
1,800
500
435
Minimum Lot Area
Two - Bedroom Unit
2,725
1,800
1,000
875
per Unit
(in square fi;et)
Three - Bedroom Unit
2,725
2,700
1,500
1,315
Maximum # of bedrooms per multi - family dwelling unit
13
3
3
1 3
Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size,
meets the egress requirements as specified in the Building Code, and is not a typical shared living space,
such as a living room, dining area, kitchen, or bathroom may be considered one or more bedrooms, as
determined by the Building Official.
C. Amending Table 2C -2(a), Dimensional Requirements for all Commercial Zones, except the MU Zone, deleting
the current "Area/dwelling unit" standards, and substituting the following cross - reference: See Table 2C -2(c),
Maximum Density Standards for Multi - Family Dwellings in Commercial Zones.
D. Amending Table 2C -2(b), Dimensional Requirements for the Mixed Use Zone (MU), deleting the current
"Area/Unit" standards for Multi - Family, and substituting the following cross - reference: See Table 2C -2(c),
Maximum Density Standards for Multi- Family Dwellings in Commercial Zones, as shown below.
E. Inserting the following Table 2C -2(c), within Section 14 -2C -4, Dimensional Standards, immediately following
Table 2C -2(b):
Table 2C -2(c): Maximum Density Standards for Multi- Family Dwellings in Commercial Zones'
Zone
CO -1, CC-2,
CB -2
CB -5 & CB -10
CN -1 & MU
Efficiency or 1- Bedroom Unit
2,725
435
There is no minimum lot area
Minimum
Per unit standard. However, the
Two - Bedroom Unit
2,725
875
Lot Area per
number of 3- bedroom units per lot
dwelling unit
(in square feet)
may not exceed 30 of the total
th
number of units on the lot.
Three - Bedroom Unit
2,725
1,315
Maximum # of bedrooms per multi -family
3
3
3
dwelling unit
Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size,
meets the egress requirements as specified in the Building Code, and is not a typical shared living space,
such as a living room, dining area, kitchen, or bathroom may be considered one or more bedrooms, as
determined by the Building Official.
F. Deleting paragraph 14- 2C -4A -2, and substituting in lieu thereof:
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 residential density formulas as stated in Table 2C -2(c), located at the end of
this Section.
G. Deleting subparagraph 14- 4B- 4A -7b., and substituting in lieu thereof:
Maximum Density
The residential density standards for Multi - Family Uses in Commercial Zones are stated in Table 2C -2(c)
located in Section 14 -2C -4, Dimensional Requirements.
SECTION II. NONCONFORMING RIGHTS GRANTED. The number of bedrooms per unit and the maximum resi-
dential density, as determined by the Building Official, based on the applicable regulations effective April 3, 2012,
will be applied to any development activity associated with establishing or constructing a multi - family use for
which a valid building permit was issued on or prior to April 3, 2012. Other legal nonconforming situations are
allowed to continue in accordance with the provisions of Article 14 -4E of the City Code.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi-
sion or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication.
Passed and approved this 15th day of May, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PO-800 M931 May 24, 2012
Al
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. 12 -4483 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of
May, 2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 24, 2012.
Dated at Iowa City, Iowa, this 21st day of June 2012.
k�. o
Julie K. Voparil —�
Deputy City Clerk
Printer's Fee $ 1
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
u "=7 �-
.. • ,
Subscribed and sworn to
before me this _'day of
A.D. 20_.
�,„L LIND KROTZ 1
Commission Number 732619
•
my Commission Expires
o« Janua 27, 2014
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4483
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 5A, OFF -
STREET PARKING AND LOADING STANDARDS, TO INCREASE THE
NUMBER OF REQUIRED PARKING SPACES FOR CERTAIN MULTI-
FAMILY DWELLING UNITS WHEN LOCATED WITHIN A DESIGNATED
UNIVERSITY IMPACT AREA (UTA).
WHEREAS, the minimum parking standards specified in the zoning code
are intended to ensure that enough off - street parking is provided to
accommodate 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 is not available;
WHEREAS, in multi - family zones and in commercial zones that allow
multi - family dwelling units, the minimum parking requirement for 3 -bed-
room multi - family dwelling units is 2 parking spaces; and
WHEREAS, in denser areas of the City close to downtown and the
University of Iowa campus, on- street parking spaces are in high demand
from residents, visitors, and commuters; and
WHEREAS, in denser areas of the City close to the University of Iowa
campus, there is a significant demand from college students for multi-
family dwelling units;
WHEREAS, the parking demand for this large population of unrelated
college students within these central neighborhoods is typically higher
than the parking demand for 3- bedroom housing units in outlying areas;
WHEREAS, due to a higher parking demand for on- street and off - street
parking spaces that is causing nuisance issues in the central areas of the
city closest to the University of Iowa campus, it is reasonable to increase
the parking requirements in this area, so that at least one off - street parking
space is provided for every bedroom within multi - family dwellings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is
hereby amended as follows:
A. Amending Table 5A -1, Minimum Parking Requirements in the CB -5
and CB -10 Zones, indicating that for 3- bedroom Multi - Family
Dwelling Units in the CB -5 Zone the parking requirement is 3 spaces
per unit; and
B. Amending Table 5A -1, Minimum Parking Requirements in the CB -5
and CB -10 Zones, indicating that for 3- bedroom Multi- Family
Dwelling Units in the CB -10 Zone built on or after January 1, 2009
that the parking requirement for 3- bedroom units is 3 spaces per
dwelling unit;
C. Amending Table 5A -2, Minimum Parking Requirements for all zones,
except the CB -5 and CB -10 Zones, in the rows that specify parking
requirements for Multi - Family Dwellings in all zones, including the
row for the PRIM Zone, insert the words, "In the University Impact
Area: 1 space per bedroom (see Map 2B.1 in Article 14 -2B)."
D. Inserting the following map, labeled Map 213.1, into Section 14 -213-6,
Multi - Family Site Development Standards, immediately following the
Central Planning District Map:
SECTION II, NONCONFORMING RIGHTS GRANTED. The number of
parking spaces required for a multi - family use, as determined by the
Building Official, based on the applicable regulations effective April 3,
2012, will be applied to any development activity associated with estab-
lishing or constructing a multi - family use for which a valid building permit
was issued on or prior to April 3, 2012. Other legal nonconforming situa-
tions are allowed to continue in accordance with the provisions of Article
14 -4E of the City Code.
SECTION III, REPEALER. All ordinances and parts of ordinances in con-
flict with the provisions of this Ordinance are hereby repealed.
SECTION IVV, SEVERABILITY If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordinance as a whole or any sec-
tion, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its
final passage, approval and publication.
Passed and approved this 15th day of May, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC- 6000006932 May 24, 2012
I r
-4
WWI% -A _
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. 12 -4484 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of
May, 2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 24, 2012.
Dated at Iowa City, Iowa, this 21st day of June 2012.
v
Ju ' Voparil
Deputy City Clerk
Printer's Fee $ 9155
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
M K .Z. R �• 0 Z...�
Legal C k
Subscribed and sworn to
before me this _ day of
A.D. 20�^ _.
i G5X
Notary Public
���c LINDA KROTZ
Commission Number 732619
My Commission Expires
Januar 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4484
ORDINANCE AMENDING TITLE 2
OF THE CITY CODE, ENTITLED
"HUMAN RIGHTS," CHAPTER 4,
ENTITLED "ENFORCEMENT," TO
PROVIDE THAT THE HUMAN
RIGHTS OFFICE MAKE THE
PROBABLE CAUSE
DETERMINATION.
WHEREAS, the City Code pres-
ently provides that the Human
Rights Office investigates the com-
plaint and makes a recommenda-
tion of probable cause to the City
Attorney, who makes the probable
cause determination;
WHEREAS, it is more appropriate
for the Human Rights Office to
make the probable cause determi-
nation because the Human Rights
Office interviews the parties and
witnesses and is better able to
determine credibility;
WHEREAS, it is more efficient if
the Human Rights Office make the
determination because it elimi-
nates a second layer of administra-
tive review; and
WHEREAS, it is in the best inter-
est of the City to provide that the
Human Rights Office to make the
probable cause determination.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I AMENDMENTS.
1. Title 2, entitled "Human
Rights," Chapter 4, entitled
"Enforcement," Section 2, entitled
"Investigation of Complaints:
Predetermination Settlement," is
amended by deleting Subsections
D, E, G, and I, and substituting the
following new Subsections D, E, G,
and I in lieu thereof:
D. After reviewing materials
responsive to the questionnaire/
document request, the human
rights office shall determine wheth-
er the complaint warrants further
investigation. If the human rights
office finds there is a reasonable
possibility of a probable cause
determination or the legal issues
present in the complaint need fur-
ther development, the human
rights office shall promptly resume
the investigation of the complaint.
A complaint determined by the
human rights office not to warrant
further processing by the human
rights office shall be administra-
tively closed. Notice of such clo-
sure shall be promptly served upon
the complainant and the respon-
dent by certified mail. Service is
effective upon mailing. Such notice
shall state the reasons for adminis-
trative closure.
E. A complainant may object to the
administrative closure within ten
(10) days of service by filing a writ-
ten request for review that states
the basis for the objection. If a
complainant makes a timely written
request for review of the adminis-
trative closure, the human rights
office shall promptly review the
complainant's request and all rele-
vant material. If, after review by the
human rights office, it is deter-
mined that the complaint does not
warrant further processing, the
human rights office shall close the
file and notify the complainant and
respondent of the final decision of
administrative closure. If, after
review, the human rights office
determines that there is a reason-
able possibility of a probable cause
determination or the legal issues
presented in the complaint need
further development, the allega-
tions will be investigated further.
(Q: Upon completion of the investi-
gation, the human rights office
shall issue a written investigative
summary and recommendation as
to whether probable cause exists
that the person charged in the
complaint has committed a dis-
criminatory practice.
I. Any time after a complaint is filed
under this title, but before the
human rights office issues a prob-
able cause determination, the
human rights office may seek a
disposition of the complaint
through a predetermination settle-
ment.
2. Title 2, entitled "Human
Rights," Chapter 4, entitled
"Enforcement," Section 2, entitled
"Investigation of Complaints;
Predetermination Settlement," is
amended by deleting Subsection H
in its entirety.
3. Title 2, entitled "Human
Rights," Chapter 4, entitled
"Enforcement," Section 3, entitled
"Proceedings on Complaints;
Probable Cause," Subsections A,
B, and C are amended by deleting
them in their entirety and substitut-
ing the following new Subsections
A, B, and C in lieu thereof:
A. If the human rights office finds
that probable cause exists regard-
ing the allegations of the com-
plaint, the human rights office shall
notify the complainant and the
respondent of the finding. The
human rights office shall promptly
endeavor to eliminate the discrimi-
natory or unfair practice by confer-
ence, conciliation and persuasion.
B. If the human rights office finds
that no probable cause exists, the
human rights office shall issue a
written finding dismissing the com-
plaint and notifying the parties of
the complainant's right to appeal
the finding. Notice of the no prob-
able cause determination shall be
promptly mailed to the complainant
and to the respondent by certified
mail. Service is effective upon mail-
ing.
C. A complainant may object to the
finding of no probable cause within
ten (10) days of service by filing a
written request for review that
states the basis for the objection.
If a complainant makes a timely
written request for review of the
finding, the human rights office
shall hear the complainant's evi-
dence within thirty (30) days of the
request for review. If no probable
cause is again the finding after fur-
ther review by the human rights
office, the human rights office shall
notify the complainant in writing of
the decision, and shall close the
file. If the human rights office finds
probable cause after review, the
human rights office shall proceed
with efforts to eliminate the dis-
criminatory or unfair practice by
conference, conciliation and per-
suasion.
4. Title 2, entitled "Human
Rights," Chapter 4, entitled
"Enforcement," Section 10, entitled
"Civil Action Elected- Housing,"
Subsection B, Paragraph 2b is
amended by deleting it in its entire-
ty and substituting the following
new Subsection B, Paragraph 2b in
lieu thereof:
An aggrieved person shall not file
an action under this section with
respect to an alleged discriminato-
ry housing or real estate practice
that forms the basis of a probable
cause determination issued by the
human rights office if the commis-
sion has begun a hearing on the
record under this chapter with
respect to the charge.
4�,
\l
SECTION II, REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 15th
day of May, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City
Clerk
PC- 6W000692e , May 24, 2012
� 44
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 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. 12 -4485 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of
June, 2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 28, 2012.
Dated at Iowa City, Iowa, this 7th day of August 2012.
a
J �,K� VopariI
Deputy City Clerk
Printer's Fee $Q
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS — CITIZEN
FED.ID #42- 0330670
I, BOG �c,J -'r
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):
JLegalCle
Subscribed and sworn to
be re me this =_'1A_41 day of
A.D. 20`1,
L)IVA16 RZ
60110W 7=1
hnu!(Y �i7 211fi4
OFFICIAL PUBLICATION
ORDINANCE NO. 124485
AN ORDINANCE REZONING
APPROMMATELY 1.3 ACRES OF
LAND LOCATED SOUTH OF
HARRISON STREET BETWEEN
CLINTON AND DUBUQUE
STREETS FROM PUBLIC (P -1)
TO INSTITUTIONAL PUBLIC/
CENTRAL BUSINESS SERVICE
(P- 21CB -2). (REZ12- 00007)
WHEREAS, the applicant, the
University of Iowa, has requested a
rezoning of property located at 509
South Dubuque Street, south of
Harrison Street between Clinton
and Dubuque Streets, from Public
(P -1) to Institutional Public /Central
Business Service (P- 2/CB -2); and
WHEREAS, the intent and zoning
requirements of the CB -2 zone are
compatible with the existing adopt-
ed plans for the area and with poli-
cies being formulated for the
Riverfront Crossings District; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and has
recommended approval of the
rezoning to allow University-owned
property to be developed with pri-
vate commercial uses.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
sECTION d APPROVAL. Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of Public (P -1) to Institutional
Public /Central Business Service
(P-2/CB-2): DE�'RIPTION
LOTS 1, 2, 3, THE NORTH 26.5
FEET OF LOT 4, AND THE EAST 90
FEET OF THE SOUTH 53.5 FEET
OF LOT 4, AND ALL OF LOT 8,
COUNTY SEAT ADDITION TO
IOWA CITY, JOHNSON COUNTY,
IOWA, ACCORDING TO THE PLAT
THEREOF RECORDED IM BOOK 1
& 2, PAGE 253, AND THE
SUBSEQUENT DEED RECORDED
ON BOOK 4866, PAGES 181 -183,
DEED RECORD OF JOHNSON
COUNTY, IOWA.
SECTION II ZONING MAP The
Building Inspector is hereby autho-
rized 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 by law.
SECTION JIL CERTIFICATION
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 County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions 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 whale
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
, S,TION VI 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 June, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
June 28, 2012
� r
14 1 � MR 6
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. 12 -4486 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 31 st day of July,
2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on August 9, 2012.
Dated at Iowa City, Iowa, this 4th day of September 2012.
ti . Voparil
Deputy City Clerk
5—
MON
;S:
TIZEN
T-2r
tIam
� 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):
Legal Cle
Subscribed ,and sworn to
bef e me this day of
A.D. 20j,�_.
Notary Public
,�wc yy LINDA KROTZ
i * C 732619
Januoy 27, 201
OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4486
AN ORDINANCE VACATING AND CONVEYING AIR RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY
LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA.
WHEREAS, the applicant, Mark Moen, is proposing to redevelop the property at 114 South Dubuque Street by
demolishing the one -story bank building and replacing it with a 14 -story mixed -use building; and
WHEREAS, the applicant has requested that the City vacate and convey to the applicant air rights starting at
approximately 16 feet, eight inches above grade for a 4' x 44' section of the Dubuque Street public right -of -way
in City Plaza that extends along the west property line of the subject property and a 4' x 56' foot section of public
right -of -way in Blackhawk Park that extends along the north property line of the subject property to allow the top
13 floors of the proposed 14 -story building to cantilever four feet over the public right -of -way; and
WHEREAS, ensuring quality retail storefront space is one of the goals of the Central Business District; and
WHEREAS, an economic development goal for the City is to provide new employment opportunities in the
Downtown area and lack of available Class A office space has been identified as an impediment to achieving this
goal; and
WHEREAS, it is an economic development goal for the City to provide opportunities for high quality residential
apartments and condominiums in the downtown area to attract permanent residents that will support a variety of
businesses in the central business district and allow residents to live close to employment, shopping and other
services in an urban environment;
WHEREAS, the vacation will allow enough additional living space in the residential units to allow for balconies to
be recessed with the building wall, which will create a more aesthetically pleasing building design and more usable
outdoor space for tenants without sacrificing quality interior living space needed to attract permanent residents to
Downtown; and
WHEREAS, the vacation of air rights will provide for a superior overall design of the building; and
WHEREAS, the vacation of air rights will provide the opportunity for a more pedestrian - friendly main floor retail
space on a very constrained building site; and
WHEREAS, the vacation of air rights will maximize the amount of Class A office space on levels 2, 3 and 4; and
WHEREAS, the vacation of air rights will allow for recessed balconies on the residential levels and make the
residential floor plans far more functional and marketable for long -term residents; and
WHEREAS, given the short length of the building wall along the main pedestrian route within City Plaza (only 40
feet), the relatively minor depth of the cantilever (only four feet), and the approximate height (approximately 17 feet)
at which the cantilever is proposed will be sufficient to prevent a dark, tunnel -like environment at the pedestrian
level, which might otherwise result if allowed for a building with a larger footprint; and
WHEREAS, given the small size of the building footprint combined with the fact that the subject property does
not directly abut other buildings along Dubuque Street, the impacts on light, air and views along City Plaza and
Blackhawk Park will be minor, and will not unduly block views of adjacent businesses or any important vistas
within the community; and
WHEREAS, on May 17, 2012, the Planning and Zoning Commission recommended City Council approve vacat-
ing air rights within the public right -of -way along the north and west lot lines of the property at 114 South Dubuque
Street as described below;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. VACATION AND CONVEYANCE, The City of Iowa City hereby vacates and conveys to Central Park
L.L.C. air rights to that portion of public right -of -way starting at approximately 16 feet, eight inches above grade
for a 4' x 44' section of the public right -of -way that extends along the west property line of the property at 114
South Dubuque and a 4' x 56' section of public right -of -way in Blackhawk Park that extends along the north
property line of the property at 114 South Dubuque, as illustrated below and as legally described below:
._
ALLEY
S ACKHAWK j
PAI* 7
--- __. - ---_
All those air rights and all of the air space above a plane elevation of 16 feet 8 inches (16' 8 ") above existing
grade over and above the following described real property located in Johnson County, Iowa, to wit:
Commencing at the southwest corner of Lot 4 in Block 65, in Iowa City, Iowa, according to the recorded plat
thereof, which point is the Point of Beginning; thence north 40 feet along the west line of said Lot 4; thence
east 59 feet, 9 1/8 inches along the north line of said Lot 4; thence north 4 feet; thence west 63 feet, 9 0
inches on a line parallel with the north line of said Lot 4; thence south 44 feet on a line parallel with the west
line of said Lot 4; thence east 4 feet to the Point of Beginning
SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance
are hereby repealed.
SECTION III SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi-
sion 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.
SECTION V. RECORDING AND EFFECT This Ordinance shall be recorded and shall have the effect of conveying
the above - described land to Central Park L.L.C. pursuant to Iowa Code Section 354.23.
SECTION VI. CONSIDERATION This vacation and conveyance is being made in consideration for $31,795.
Passed and approved this 31st day of July, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
PC- 6WOM9949 August 9, 2012
' t 1
�L
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356 -5000
(3 19) 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. 12 -4487 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 31st day of July,
2012, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on August 9, 2012.
Dated at Iowa City, Iowa, this 4th day of September 2012.
'Jtrl+ Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I,
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):
Subscribnd sworn to
bef me this day of
A.D. 20-,ld-,_.
Notary Public
vac I LINDA KROTZ
- -- -Enpna
OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICAI Ivry
ORDINANCE NO. 12 -4487
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED
"RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION C, ENTITLED
"SCHOOL SPEED ZONES" TO CREATE A SCHOOL SPEED ZONE FOR BORLAUG ELEMENTARY AND
RESCIND THE SCHOOL SPEED ZONE FOR ROOSEVELT ELEMENTARY
WHEREAS, it is in the best interest of the City to define maximum allowable speeds for vehicles on public streets
and highways;
WHEREAS, the Iowa City Community School District has closed Roosevelt Elementary as of June 2012 and will
open Borlaug. Elementary in August of 2012; and
WHEREAS, City Code Section 9- 3 -6(C) currently defines 20 MPH school speed zones for streets near for ele-
mentary schools; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENTS
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed
Restrictions," Sub - Section C, entitled "School Speed Zones" is hereby amended by deleting the following lan-
ni ianP•
Name of Street Where Limit Applies
Benton Street From Benton Drive to Hudson Avenue
and adding the following lanquaqe:
Name of Street Where Limit Applies
Kennedy Parkway From Camp Cardinal Boulevard to Camp Cardinal Place
SECTION II REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance
are hereby repealed.
SECTION 111 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, provi-
sion or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this 31st day of July, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
cc- a000009947 August 9, 2012
r
2gul
0—kin
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 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. 12 -4488 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
August, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on August 30, 2012.
Dated at Iowa City, Iowa, this 3rd day of October 2012.
v
k�l
Jut". . Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED.ID #42- 0330670
Vii..
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):
i
A
Subscribed and sworn to
before me this __3&4r$0` day of
A.D. 20-0L•
N
LINQA K QTl
nIW 73261
0 f
OFFICIAL PUBLICATION
B. Deleting sub - subparagraph
ORDINANCE NO. 12 -4488
14- 2B- 4B -3e(1) and substituting
AN ORDINANCE AMENDING
in lieu thereof:
CERTAIN PARAGRAPHS WITHIN
Where at least 50 percent of
TITLE 14, ZONING CODE,
the lots along a frontage have
ARTICLES 2A AND 2B, TO
been developed and all of
EXEMPT BLOCKS WITH THREE
these developed lots are occu-
OR FEWER HOME LOTS FROM
pied by principal buildings that
FRONT SETBACK AVERAGING.
are located at least 5 feet fur -
WHEREAS, one of the main pur-
ther from the street than the
poses of establishing minimum
required front setback, the
front setback standards is to main-
required front setback along
tain a general consistency in the
the frontage is increased to the
placement of homes along a street
equivalent of the setback of
frontage; and
the building closest to the
WHEREAS, consistent placement
street. However, this averaging
of homes in relation to the street
provision does not apply to
and to other homes on adjacent
frontages that contain three or
lots is one element that helps to
fewer lots.
define the character of a neighbor-
C. Deleting paragraph 14- 213-61 -1
hood; and
and substituting in lieu thereof:
WHEREAS, minimum setback
The front setback for new
standards have varied over time
buildings must not deviate
and some neighborhoods were
more than 5 feet from the aver -
intentionally built with deeper or
age setback of existing princi-
shallower front yards, and the zon-
pal buildings along the same
ing code contains setback averag-
frontage. Alternatively, for
ing provisions that allow or require
frontages than contain more
variation from the current minimum
than six lots, the average may
setback standards in cases where
be calculated based on the
a majority of homes along a front-
principal building setbacks on
age have been built with deeper or
the four closest lots along the
shallower setbacks; and
same frontage to the lot con -
WHEREAS, while setback aver-
taining the new building.
aging provisions are intended to
However, a new building shall
allow new or infill development to
not be located closer to the
respond to the general character
street than the existing princi-
that has already been established
pal building that is closest to
along a street frontage and have
the street along the same
worked well in ensuring that homes
frontage. This setback stan-
are placed in a manner that reflects
dard supersedes the setback
the neighborhood character, the
standards of the base zone.
averaging formula does not work
Frontages that contain three or
for very short frontages that con-
fewer lots are exempt from the
tain only a few lots; and
provisions of this paragraph.
WHEREAS, on such short block
SECTION II. REPEALER. All ordi-
frontages, the construction of one
nances and parts of ordinances in
or two homes is not sufficient to
conflict with the provisions of this
establish a general character for a
Ordinance are hereby repealed.
neighborhood and yet with the cur-
SECTION III. SEVERABILITY. If
rent setback averaging provision
any section, provision or part of the
the placement of just a couple
Ordinance shall be adjudged to be
homes would effectively establish a
invalid or unconstitutional, such
new more restrictive setback
adjudication shall not affect the
requirement for the remaining
validity of the Ordinance as a whole
property on the frontage with no
or any section, provision or part
real benefit; and
thereof not adjudged invalid or
WHEREAS, exempting frontages
unconstitutional.
containing three or fewer lots from
SECTION IV, EFFECTIVE DATE.
the setback averaging provisions
This Ordinance shall be in effect
would prevent these types of unin-
after its final passage, approval and
tended consequences; and
publication.
WHEREAS, from time to time,
Passed and approved this 21st
zoning ordinance provisions are
day of August, 2012.
reviewed to make sure they are still
s /Matthew J. Hayek, Mayor
relevant and effective; and
Attest: s /Marian K. Karr, City Clerk
WHEREAS, the Planning and
Zoning Commission has reviewed
Pc 60MOIC822 August 30, 2012
these minor corrections to the zon-
ing code and recommend approv-
al.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as fol-
lows:
A. Deleting sub - subparagraph
14- 2A- 4B -3e(1) and in substitut-
ing in lieu thereof:
Where at least 50 percent of
the lots along a frontage have
been developed and all of
these developed lots are occu-
pied by principal buildings that
are located at least 5 feet fur-
ther 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. However, this averaging
provision does not apply to
frontages that contain three or
fewer lots.
� r i
� MR
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 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. 12 -4489 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
August, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on August 30, 2012.
Dated at Iowa City, Iowa, this 3rd day of October 2012.
v
Ju . Voparil
Deputy City Clerk
Printer's Fee $J�y
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, Q c 61e�k k1P0_
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):
a 0 yQ 1
Legal Cl
Subscribed and sworn to
bef re me this _ A04"'Ilay of
A.D. 20Jjc1_.
No
LINDA 73261
�'� �N .
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4489
AN ORDINANCE
CONDITIONALLY REZONING
APPROXIMATELY 4.29 ACRES
OF LAND LOCATED ON WALDEN
ROAD, WEST OF MORMON
TREK BOULEVARD FROM
MEDIUM DENSITY SINGLE
FAMILY RESIDENTIAL (RS -8)
ZONE TO HIGH DENSITY
SINGLE FAMILY RESIDENTIAL
(RS -12) ZONE. (REZ09- 00003)
WHEREAS, the applicant,
Southgate Development Company,
has requested a rezoning of Lot 79
of Walden Wood Subdivision, Part
7, located on Walden Road west of
Mormon Trek Boulevard from
Medium Density Single Family
Residential (RS -8) Zone to High
Density Single Family Residential
(RS -12) Zone; and
WHEREAS, the Comprehensive
Plan's guidelines for new neighbor-
hoods encourages the develop-
ment of compact neighborhoods in
close proximity to services and
amenities;
WHEREAS, the Southwest District
Plan identifies this property as
appropriate for single family or
duplex residential development, but
also states that the property will
require careful design due to its
topographic conditions and the
unusual shape and size of the prop-
erty;
WHEREAS, the applicant has pro-
posed townhouse - style, attached
single family dwellings and has pro-
posed clustering the dwellings
along Mormon Trek Boulevard and
Walden Road in order to provide
dwellings that have a residential
presence along the street frontages
on this property that is unusually
shaped with limited street frontage;
and
WHEREAS, the proposed lot lay-
out allows vehicle access to all the
dwelling units via a rear drive from
Walden Road, making it unneces-
sary for additional access from
Mormon Trek Boulevard, an arterial
street; and
WHEREAS, storm water run -off
from this sloping site has caused
drainage problems for adjacent
properties to the south and the
proposed concept plan for cluster-
ing the dwelling units along the
street frontages will provide more
room on the site for appropriate
storm water detention facilities that
will improve drainage; and
WHEREAS, there is limited on-
street parking on adjacent streets
that may not be adequate to meet
the needs for visitor parking for the
increased density allowed by this
rezoning unless additional visitor
parking is provided on site;
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and deter-
mined that it complies with the
Comprehensive Plan provided that
any future subdivision plat substan-
tially complies with the proposed lot
layout with townhouse style,
attached single family dwellings
that present an attractive residential
appearance along the street front-
ages, a rear drive with access limit-
ed to Walden Road, adequate on-
site visitor parking to prevent con-
gestion along neighboring streets;
and storm water management that
meets City standards; and
p y�
WHEREAS, Iowa Code Section
414.5 (2007) provides that the City
of Iowa City may impose reason-
able conditions on granting an
applicant's rezoning request, over
and above existing regulations, in
order to satisfy public needs caused
by the rezoning request; and
WHEREAS, the applicant/owner
acknowledges that certain condi-
tions and restrictions are reason-
able to ensure that development of
this property complies with the
Comprehensive Plan and address-
es concerns regarding residential
clustering, storm water manage-
ment, vehicular access, and ade-
quate off - street parking.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to
the Conditional Zoning Agreement
attached hereto and incorporated
herein, property legally described
as Lot 79, Walden Wood Part 7, is
hereby reclassified from its current
zoning designation of Medium
Density Single Family Residential
(RS -8) Zone to High Density Single
Family Residential (RS -12) Zone.
SECTION II. ZONING MAP. The
Building Inspector is hereby autho-
rized 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 by law.
SECTION III, CONDITIONAL
ZONING AGREEMENT. The mayor
is hereby authorized and directed to
sign, and the City Clerk attest, the
Conditional Zoning Agreement
between the property owner(s) and
the City, following passage and
approval of this Ordinance.
SECTION IV. CERTIFICATION
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 County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided by
law.
SECTION V. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby 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, 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 21st
day of August, 2012.
s/Matthew J.-Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made
between the City of Iowa City, Iowa,
a municipal corporation (hereinafter
"City "), and Walden Wood Lot 79
L.L.C. (hereinafter "Owner ").
WHEREAS, Owner is the legal title
holder of approximately 4.29 acres
of property located on Walden
Road, west of Mormon Trek
Boulevard; and
t a-
WHEREAS, the Owner has
will conform to all other require -
ments of the zoning chapter, as
requested rezoning of said property
well as the following condi
from Medium- Density Single - Family
tions:
Residential ((RS -8) zone to High-
a. At the time of development,
Density Single - Family Residential
the storm water management
,(RS- .12 )zong: and
system will be designed and
WHEREAS, the applicant has pro-
constructed in accordance
posed townhouse - style, attached
with the design approved by
single family dwellings and has pro-
the City Engineer, , including
posed clustering the dwellings
the required detention and
along Mormon Trek Boulevard and
outlet criteria.
Walden Road in order to provide
b. At the time of development,
dwellings that have a residential
the storm water management
presence along the street frontages
system will be designed in a
on this property that is unusually
with limited street frontage;
manner that will not exacer-
bate storm water drainage
shaped
and
issues on adjacent properties.
WHEREAS, the Planning and
Zoning Commission has reviewed
c. Development will be in gen-
eral compliance with the sub -
the proposed rezoning and deter-
mitted concept plan regarding
mined that it complies with the
site layout, lot configuration,
Comprehensive Plan provided that
and building orientation.
any future subdivision plat substan-
d. Vehicular access to all of the
tially complies with the proposed lot
units shall be from a rear lane
layout with townhouse style,
that connects to Walden
attached single - family dwellings
that present an attractive residential
Road.
e. No direct vehicular access
appearance along the street front-
shall be allowed from Mormon
ages, a rear drive with access limit-
Trek Boulevard.
ed to Walden Road, adequate on-
f. At the time of development, a
site visitor parking to prevent con-
minimum of six visitor parking
gestion along neighboring streets;
spaces will be provided along
and storm water management that
the rear lane near the units
meets approval of the City Engineer
that front on Mormon Trek
Boulevard and each dwelling
and
WHEREAS, Iowa Code §414.5, as
unit shall include a 2 -car
amended, provides that the City of
garage located behind the
Iowa City may impose reasonable
unit with access provided
conditions on granting an appli-
cant's rezoning request, over and
from the rear lane.
4. The Owner and City acknowl-
above existing regulations, in order
edge that the conditions con -
to satisfy public needs caused by
tained herein are reasonable
the requested change; and
conditions to impose on the
WHEREAS, the Owner acknowl-
edges that certain conditions and
land under Iowa Code §414.5,
as amended, and that said
restrictions are reasonable to
ensure the development of the
conditions satisfy public needs
that are caused by the request -
property is consistent with the
Plan and the
ed zoning change.
5. The Owner and City acknowl-
Comprehensive
Southwest District Plan; and
edge that in the event the sub -
WHEREAS, the Owner agrees to
develop this property in accordance
ject property is transferred,
sold, redeveloped, or subdivid-
with the terms and conditions of a
ed, all redevelopment will con -
Conditional Zoning Agreement.
form with the terms of this
NOW, THEREFORE, in consider-
Conditional Zoning Agreement.
ation of the mutual promises con-
6. The parties acknowledge that
tained herein, the parties agree, as
this Conditional Zoning
Agreement shall be deemed to
follows:
1. Southgate Development
be a covenant running with the
Company is the legal title hold-
land and with title to the land,
er of the property legally
and shall remain in full force
described as LOT 79, WALDEN
and, effect as a covenant with
WOOD PART 7 IN THE CITY
title to the land, unless or until
OF IOWA CITY, JOHNSON
released of record by the City
COUNTY, IOWA; SAID PARCEL
of Iowa City.
CONTAINING 4.29 ACRES,
The parties further acknowledge
SUBJECT TO EASEMENTS
that this agreement shall inure
AND RESTRICTIONS OF
to the benefit of and bind all
RECORD.
successors, representatives,
2. The Owner acknowledges that
and assigns of the parties.
the City wishes to ensure con-
formance to the principles of
7. The Owner acknowledge(s)
that nothing in this Conditional
the Comprehensive Plan and
Zoning Agreement shall be
the Southwest District Plan.
construed to relieve the Owner
Further, the parties acknowl-
or Applicant from complying
edge that Iowa Code §414.5,
with all other applicable local,
as amended, provides that the
impose
state, and federal regulations.
8. The agree that this
City of Iowa City may
reasonable conditions on
parties
Conditional Zoning Agreement
granting an applicant's rezon-
shall be incorporated by refer -
ing request, over and above the
ence into the ordinance rezon-
existing regulations, in order to
ing the subject property, and
satisfy public needs caused by
that upon adoption and publi-
the requested change.
cation of the ordinance, this
3. In consideration of the City's
agreement shall be recorded in
rezoning the subject property,
the Johnson County Recorder's
Owner agree(s) that develop-
Office at the Applicant's
ment of the subject property
expense.
Dated this 21st day of August,
2012.
CITY OF IOWA CITY
s/Matthew Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
WALDEN WOOD LOT 79, L.L.C.
By: Southgate Development
Services, L.L.C.
By: s /Joseph T. Braverman,
President
Pc- 600001 W2 August 30, 2012
STATE OF IOWA )
) SS
JOHNSON COUNTY )
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(3 19) 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. 12 -4490 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
September, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 13, 2012.
Dated at Iowa City, Iowa, this 3rd day of October 2012.
\ • c rl\ X J
Ju C. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
•f —
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):
Subscribed and sworn to
before me this ay of
D. 20 /a
,omfnwSion Number 73261yI
My CommtSsllon ExPk"
_- January 27, 2(1_h_I
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4490
ORDINANCE REZONING
APPROXIMATELY 2.7 ACRES OF
LAND LOCATED NORTH OF
BENTON STREET BETWEEN
GEORGE AND STREB STREETS
FROM MEDIUM - DENSITY
SINGLE- FAMILY (RS-8) ZONE TO
OVERLAY PLANNED
DEVELOPMENT MEDIUM -
DENSITY MULTI - FAMILY (OPD-
RM-20) ZONE. (REZ12- 00010)
WHEREAS, the applicant, Christian
Retirement Services, has requested
a rezoning of property located north
of Benton Street between George
and Streb Streets from Medium-
,Density. Single- Family Residential
(RS -8) to Overlay Planned
Development Medium - Density
Multi - Family Residential (OPD-
RM-20) and approval of a prelimi-
nary OPD plan; and
WHEREAS, an amendment to the
Comprehensive Plan changed the
land -use designation map for the
subject properties from single -fami-
ly /duplex residential to Medium -
Density Multi - Family Residential',
and
WHEREAS, the Comprehensive
Plan supports provision of group
living options for senior citizens,
and the Southwest District Plan
encourages development of high -
quality multi - family housing that is
compatible with surrounding devel-
opments to meet the housing needs
of a variety of households, including
elderly residents; and
WHEREAS, the OPD zoning gives
the City the opportunity to review
the design with the intent of assur-
ing that the resulting development
is compatible with. the neighbor-
hood and the overall goals of the
Comprehensive Plan; and
WHEREAS, the proposed develop-
ment includes design features —
such as a variety of building materi-
als with balconies to create an
articulated fagade, inclusion of a
courtyard within the main building
to provide an open space corridor,
development of two duplexes on
the east side of Streb Street that
function as a transition and step -
down between the main building
and the RS -8 zone to the west —to
the make the development compat-
ible with the surrounding neighbor-
hood; and
WHEREAS, the applicant is seek
ing waivers, as allowed by the OPD
zoning, to allow the maximum
overall height of the building to be
increased from 35 feet to 52 feet;
and
WHEREAS, the height increase is
justified, due to design features of
the development, the need for
housing for senior residents, and
the provision of two levels of inte-
rior.parking; and
WHEREAS, the applicant is seek-
ing waivers to allow a variation in
tree coverage standards for the
courtyard area, since the courtyard
functions more as open space than
as a rooftop; and
WHEREAS, the applicant is seek-
ing waivers to increase the width of
two garage doors within the devel-
opment from a maximum of 18 feet
to 20 feet, which is reasonable
given that they would be located in
the interior of the development; and
WHEREAS, the applicant has
agreed to dedicate additional right -
of -way to bring the north side of
Benton Street up to current arterial
street right -of -way standards as
shown on the OPD plan; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning
and has recommended approval of
the rezoning and the preliminary
OPD plan.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. The prop-
erty described below is hereby
reclassified from its current zoning
designation of Medium - Density
Single - Family Residential (RS -8) to
Overlay Planned Developed
Medium - Density Multi - Family
Residential (OPD- RM -20):
LEGAL DESCRIPTION
LOT 11 AND LOT 12 OF
GRANDVIEW MANOR (PLAT
RECORDED IN PLAT BOOK 4,
PAGE 430 AT THE JOHNSON
COUNTY RECORDER'& OFFICE),
IOWA CITY, JOHNSON COUNTY,
IOWA; AND LOT 1, LOT 2, LOT 3,
LOT 4, AND LOT 5 OF A
SUBDIVISION IN THE NORTHWEST
QUARTER OF SECTION 16,
TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., (PLAT
RECORDED IN PLAT BOOK 4,
PAGE 315 AT THE JOHNSON
COUNTY RECORDER'S OFFICE),
IOWA CITY, JOHNSON COUNTY,
IOWA; AND LOT 24, LOT 25, LOT
26, LOT 27, LOT 28, LOT 29 AND
LOT 30 OF STREB'S SECOND
ADDITION TO IOWA CITY,
JOHNSON COUNTY, IOWA (PLAT
RECORDED IN PLAT BOOK 4,
PAGE 401 AT THE JOHNSON
COUNTY RECORDER'S OFFICE);
AND LOT 1, LOT 2 AND LOT 3 OF
A SUBDIVISION OF LOT 31 OF
STREB'S SECOND ADDITION TO
IOWA CITY, JOHNSON COUNTY,
IOWA (PLAT RECORDED IN PLAT
BOOK 23 PAGE 42 AT THE
JOHNSON COUNTY RECORDER'S
OFFICE); AND LOT 24, LOT 25,
LOT 26, LOT 27 AND LOT 28 OF
STREB'S SECOND ADDITION TO
IOWA CITY, JOHNSON COUNTY,
IOWA (PLAT RECORDED IN PLAT
BOOK 4, PAGE 401 AT THE
JOHNSON COUNTY RECORDER'S
OFFICE).
&QIQN II VARIATIONS. To allow
the development of 73 new dwelling
units for the elderly, the OPD -20
Plan for the subject properties var-
ies from the RS -20 dimensional
requirements. These variations
include allowing a height increase
from a maximum of 35 feet to 52
feet, allowing the applicant to sub-
tract the roof area of the courtyard
from the total roof area for the pur-
poses of calculating the one tree for
every 550 square feet of building
coverage required for a residential
development, and to allow the
width of two garage doors in the
interior of the development to be
increased from the maximum of 18
feet to 20 feet. The Applicant must
obtain approval of the landscape
plan from the Director of Planning
and Community Development.
SECTION III. ZONING MAP. The
Building Inspector is hereby autho-
rized 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 by law.
SECTION IV, CERTIFICATION
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 County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided by
law.
SECTION V. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION Vl, SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
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 4th day
of September, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk.
PC'8001b114M September 13, 2012
I r
®4„
iIII
14 74
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 3S6 -5000
(319) 3S6 -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. 12 -4491 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
September, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 13, 2012.
Dated at Iowa City, Iowa, this 3rd day of October 2012. K�
Ju ' K. Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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 _r
time(s), on the following date(s):
Legal C k
Subscribed a d sworn to
before me this may of
A.D. 20__J,;�.
Notary Public
A LINDA KROTZ
Commission Number 732619
My Commission Expires
January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4491
AN ORDINANCE VACATING
THE PUBLIC RIGHT-OF-WAY OF
SPRING STREET.
WHEREAS, the applicant,
Christian Retirement Services
( Oaknoll), has requested that the
City vacate the public right -of -way
of Spring Street; and
WHEREAS, the right -of -way to be
vacated will be incorporated into a
planned development expansion of
Oaknoll Retirement Residence,
and become a private drive provid-
ing vehicular access to two
duplexes to be constructed, as
well as a parking facility within the
main building to be constructed as
part of the planned development;
and
WHEREAS, at present Spring
Street has the characteristics of an
alley —no sidewalks, curbs or gut-
ter, and provides additional rear
access to two privately -owned
residences; and
WHEREAS, a public access
easement will be retained for
access to these two residences;
and
WHEREAS, the City will also
retain a storm sewer and sanitary
sewer easement over the vacated
right -of -way; and
WHEREAS, all infrastructure and
utility improvements necessary for
this project will be installed by
Christian Retirement Services; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed vacation
and has recommended vacating
the public right -of -way of Spring
Street, subject to conditions men-
tioned above.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. VACATION. Subject
to the retention of any necessary
easements, the City of Iowa City
hereby vacates the public right -of-
way of Spring Street legally
described as follows, subject to
the retention of a public access
easement and storm and sanitary
sewer easement:
LEGAL DESCRIPTION
SPRING STREET LYING
ADJACENT TO LOT 24, LOT 25,
LOT 26, LOT 27 AND LOT 28 OF
STREB'S SECOND ADDITION TO
IOWA CITY (PLAT RECORDED IN
PLAT BOOK 4, PAGE 401 AT THE
JOHNSON COUNTY
RECORDER'S OFFICE).
SECTION Il, REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III, SEVERABILITY If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IVV, EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 4th
day of September, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk.
PC- 800=1 September 13, 2012
STATE OF IOWA
) SS
JOHNSON COUNTY
I r
=Ma -4
4 74
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. 12 -4492 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
September, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 13, 2012.
Dated at Iowa City, Iowa, this 3rd day of October 2012. ��\\
Ju ' . Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
Legal
Subscribed a d sworn to
before me this _ay of
A.D. 20�•
Notary Public
DLINDA KROTZ
ommission Number 732619
My commission Expres January 27, 2014
neo,riei of 1pL_ICATION
ORDINANCE AMENDING TITLE
ORDINANCE NO. 12 -4492
AMENDING TITLE
4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND
ORDINANCE
4, ALCOHOLIC BEVERAGES,
PROHIBITIONS
RESTRICTIONS, SECTION 3,
CONSUMPTION POSSESSION
CHAPTER 5,
AND RESTRICTIONS, SECTION
B PUBLIC PLACES AND CITY
IN C
BUILDINGS, Subsection C, is
3, CONSUMPTION OR
POSSESSION IN PUBLIC
hereby amended deleting it In
Its entirety and replacing It with the
PLACES AND CITY BUILDINGS,
Subsection B TO ALLOW
following language:
POSSESSION AND
IN CERTAIN
C. A person shall not use or con -
sume any alcoholic beverages In
CONSUMPTION
PARK BUILDINGS, PURSUANT
any city building, except a city
building covered by a valid license
TO ADMINISTRATIVE RULE;
AND O ALLOW
SALCOHOL
or permit. Any permit Issued will
FOR PO ON
AND CONSUMPTION IN CITY
abide by and Incorporate adminls-
trative rules approved by the City
BUILDINGS PURSUANT TO
Manager.
SECTION II, REPEALER, All
ADMINISTRATIVE RULE.
WHEREAS, several City depart-
in
nonce& and parts of provision f this
conflict with the provision of this
ments are supported by charitable
foundations, such as the Iowa City
Ordinance are hereby repealed.
Public Library Friends Foundation,
the Friends of the Center; end
SECTION III. SEVERABILITY If
any section, provision or part of the
and
WHEREAS.
WHEREAS, those foundations eve t s In
to hold tundralelnp events In
Ordinance shall be adjudged to be
Invalid or unconstitutional, such
wish
the buildings they support, and
adjudication shall not affect the
validity of the Ordinance as a
wish to allow for the service of
alcoholic beverages In these con-
whole or any section, provision or
part thereof not adjudged Invalid or
trolled environments; and
WHEREAS,' current Iowa City
unconstitutional.
SECTION IVV, EFFECTIVE DATE,
Code prevents, the possession and
consumption of alcoholic beverag-
This Ordinance shall be effective
upon publication.
es In any City buildings; and
WHEREAS, the City will soon be
Passed and approved this 4th
opening two structures, the Ned
day of September, 2012.
&/Matthew J. Hayek, Mayor
Ashton House and the Lodge at
the Terry Trueblood Recreation
Attest: i/Marian K. Karr, City Clerk
Area, which would be appropriate
for regulated consumption of alco-
PC.,=,,,,, September 13, 2012
holic beverages by members of the
public renting these structures; and
WHEREAS, City staff does not
presently support the expansion of
alcoholic beverage use outside
these structures In City parka; and
WHEREAS, City staff wish to
regulate the use of alcohol through
administrative rules and a permit-
ting process; and
WHEREAS, It Is In the best inter,
set of the City to adopt this amend-
ment.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
eMFNDMENTS_.
MEWNM.
ORDINANCE AMENDING TITLE
4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 3,
CONSUMPTION OR POSSESSION
IN PUBLIC PLACES AND CITY
BUILDINGS, Subsection B. Is here-
by amended by deleting it In Its
entirety and replacing It with the
following language:
B. A person shall not consume or
possess an alcoholic beverage In a
city park, except If'sald person has
purchased said alcoholic beverage
from an "authorized entity ", and Is
on an "authorized site ", as those
terms are defined In this section 1,
or Is doing so pursuant to a permit
Issued by City staff. Any permit
Issued will abide by and Incorpo-
rate administrative rules approved
by the City Manager. This subsec-
tion shall not apply to the farmers'
market or property within a city
park that Is leased to another entity
for ninety -nine (99) years or more.
t l i
I
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 3S6 -S000
(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. 12 -4493 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
September, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 13, 2012.
Dated at Iowa City, Iowa, this 3rd day of October 2012.
Jull . Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED.ID #42- 0330670
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):
Legal Clerk
Subscribed a d sworn to
before me this �_ day of
A.D. 20 a -
Notary Public
�,,.L a LINDA KROTZ
$ � CommisWrl Number 732619;
My Commission Expires
�* January 27, 2014 i
public right of way for a valid public
OFFICIAL PUBLICATION
purpose. The cafe owner has the
NOTICE
right to appeal a decision to termi-
ORDINANCE NO. 12 -4493
nate the agreement to the City
Council. The appeals process shall
ORDINANCE AMENDING TITLE
be the same as provided for mobile
10, ENTITLED USE OF PUBLIC
vendors in this chapter.
WAYS AND PROPERTY,"
CHAPTER 3, ENTITLED,
F. The easement agreement, at
"COMMERCIAL USE OF
a minimum, shall require the cafe
SIDEWALKS," SECTION 3,
operator to provide a certificate of
insurance satisfactory to the City,
ENTITLED USE FOR SIDEWALK
and shall agree to hold the City
CAFES," TO REGULATE
SIDEWALK CAFES AND
harmless against any and all liabili-
OUTDOOR SERVICE AREAS
ty arising from or relating to the
operation of the sidewalk cafe or
PRIMARILY BY POLICY AND
ADMINISTRATIVE RULES.
the location of the cafe on the pub -
WHEREAS, sidewalk cafes are a
lic right of way including, but not
limited to, all claims arising from
use of the public right of way in the
CB2, CBS, and CB10 zones that
occurrences or accidents within
require a temporary easement
the sidewalk cafe area, including
the walkway through a cafe.
agreement; and
WHEREAS, the City should
G. Sidewalk cafes shall operate
streamline the process to obtain an
only between the hours of seven
o'clock (7:00) A.M. and twelve
easement agreement and regulate
o'clock (12:00) midnight.
sidewalk cafes by means of Council
H. Food and beverages must be
adopted policy and administrative
available for service to patrons in a
rules; and
WHEREAS, it is in the City's inter-
sidewalk cafe during all hours of
est adopt this amendment.
operation. Sidewalk cafes shall not
NOW, THEREFORE, BE IT
operate when the restaurant kitch-
en is closed.
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY
1. A sidewalk cafe serving alco-
IOWA:
holic beverages shall have an
SECTION I AMENDMENTS,
employee monitoring the area at all
1.Title 10, entitled "Use of Public
times during the hours alcohol is
consumed and shall dispense any
Ways and Property," Chapter 3,
alcoholic beverage under state and
entitled 'Commercial Use of
local law.
Sidewalks," Section 3, entitled
"Use for Sidewalk Caf6s," is elimi-
J. Amplified sound equipment
nated in its entirety and the follow-
shall not be permitted
K. The operation of any side -
ing new Section 3 is substituted in
walk cafe shall be in conformity
lieu thereof:
A. Sidewalk cafes are permitted
with all applicable federal, state,
in the public right of way only in the
and local laws and regulations.
L. All fees for the operation of a
CB -2, CB -5 and CB -10 zones (the
sidewalk cafe shall be set by reso-
downtown and the commercial
lution.
areas directly north and south of
the downtown).
M.The City Manager is autho-
B. No person shall operate a
rized to establish administrative
rules not inconsistent with any ordi-
sidewalk cafe without executing an
nance or policy adopted by the City
easement agreement.
C. Each sidewalk cafe applicant
Council. A copy of the policy and
shall file an application for an ease-
rules shall be on file with the City
Clerk and available of the City web -
ment agreement with the Public
site
Works Department, on forms pro-
SECTION II. REPEALER. All
vided by the City.
D. The City Manager, or desig-
ordinances and parts of ordinances
nee, shall either grant or deny the
in conflict with the provision of this
Ordinance are hereby repealed.
application within thirty (30) days of
SECTION III, PENALTIES FOR
the application being filed. If the
application is granted, the City
VIOLATION. The violation of any
Manager, or designee, is autho-
provision of this ordinance is a
municipal infraction or a simple
rized to enter into a public right of
misdemeanor.
way easement agreement. If the
SECTION IV. SEVERABILITY. If
application is denied, the applicant
any section, provision or part of the
may appeal to the City Council by
filing a written appeal with the City
Ordinance shall be adjudged to be
Council, and the appeals process
invalid or unconstitutional, such
shall be the same as provided for
adjudication shall not affect the
validity of the Ordinance as a whole
mobile vendors in this chapter. The
City retains the right to limit the
or any section, provision or part
number of sidewalk cafes.
thereof not adjudged invalid or
E. After execution of an ease-
unconstitutional.
SECTION IV. EFFECTIVE DATE.
ment agreement, the City Manager,
or designee, shall retain the right to
This Ordinance shall be in effect
terminate the easement agreement
after its final passage, approval and
but only after written notice of vio-
publication, as provided by law.
lation has been given and the time
Passed and approved this 4th
day of September, 2012.
to cure the violation has expired.
Grounds for termination of the
s /Matthew J. Hayek, Mayor
easement agreement shall include,
Attest: s/Marian K. Karr, City Clerk
but not be limited to, repeated vio-
`
Pc -6o 114e September 13, 2012
lations of the state and liquor con-
trol laws, violations of the ease- "
ment agreement, and creating a
safety hazard, health hazard and /or
public nuisance under state or local
law. Additionally, the City Manager,
or designee, retains the right to
terminate the easement agreement
and direct removal of sidewalk cafe `
operations if there is a substantial
and reasonable need for use of the
� r 1
,�t wlll�
- �S M
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 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. 12 -4494 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
September, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 27, 2012.
Dated at Iowa City, Iowa, this 5th day of November 2012.
Ju Voparil
Deputy City Clerk
Printer's Fee $_51.35—
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
MW
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):
v .A
7 rk
Subscribed and sworn to
bef re met is ,,13`'day of
A.D. 20�.-
Notary Public
LINDA KROTZ
xnmissW Niunbef 732619
My COmmjts m Expkw
January 27. 2014
OFFICIAL PUBLICATION
a point 2.2 feet West of the East
ORDINANCE NO. 12 -4494
line of Section 16; thence South
ORDINANCE REZONING
87o50'West along the centerline
APPROXIMATELY 2 ACRES
of pavement of Highway 1 to
LOCATED SOUTH OF HIGHWAY
highway station 16 +58.3; thence
1 WEST AND WEST OF
South 68.3 feet to the place of
SHIRKEN DRIVE AT 521 AND
beginning, thence south
531 HIGHWAY 1 WEST FROM
84o48'West 621.3 feet, thence
INTENSIVE COMMERCIAL (CI -1)
74o52West 34.36 feet, thence
TO COMMUNITY COMMERCIAL
South 74o28 "West 333.6 feet,
(CC -2). (REZ12- 00013)
thence SOuth0050'West 388.3
WHEREAS, the City of Iowa City,
feet, thence South 89040' East
has initiated a rezoning of property
974.9 feet, thence North
located at south of Highway 1 West
0o26'East, 548.6 feet to the place
and West of Shirken Drive at 521
of beginning. Subject to cove -
and 531 Highway 1 West from
nants, conditions, restrictions,
Intensive Commercial (CI -1) to
and easements of record.
Community Commercial (CC -2);
SECTION II. ZONING MAP. The
and
Building Inspector is hereby autho-
WHEREAS, the South Central
rized and directed to change the
District Plan future land -use map
zoning map of the City of Iowa City,
shows the area along the south
Iowa, to conform to this amend -
side of Highway 1, from Riverside
ment upon the final passage,
Drive to the west edge of the lot at
approval and publication of this
809 Highway 1, as appropriate for
ordinance by law.
retail or community commercial
SECTION III. CERTIFICATION
use; and
AND RECORDING. Upon passage
WHEREAS, the City is initiating
and approval of the Ordinance, the
this rezoning to bring the restau-
City Clerk is hereby authorized and
located within the subject
directed to certify a copy of this
_rants
area into conformance with the
ordinance and to record the same,
current zoning code and to bring
at the office of the County Recorder
the zoning into conformance with
of Johnson County, Iowa, at the
the Comprehensive Plan; and
owner's expense, all as provided
WHEREAS, the Planning and
by law.
Zoning Commission has the
SECTION IVV, REPEALER. All ordi-
reviewed the proposed rezoning
nances and parts of ordinances in
and has recommended approval.
conflict with the provisions of this
NOW, THEREFORE, BE IT
Ordinance are hereby repealed.
ORDAINED BY THE CITY
SECTION V. SEVERABILITY. If any
COUNCIL OF THE CITY OF IOWA
section, provision or part of the
CITY, IOWA:
Ordinance shall be adjudged to be
SECTION I APPROVAL. Property
invalid or unconstitutional, such
described below is hereby reclassi-
adjudication shall not affect the
fied from its current zoning desig-
validity of the Ordinance as a whole
nation of Intensive Commercial (Cl-
or any section, provision or part
1) to Community Commercial (CC-
thereof not adjudged invalid or
2);
unconstitutional.
SECTION VI. EFFECTIVE DATE.
LEGAL DESCRIPTION
Commencing at a point 696.5
This Ordinance shall be in effect
feet South of the East Quarter
after its final passage, approval and
Comer of Section 16, Township
publication, as provided by law.
79 North, Range 6 West of the 5th
Passed and approved this 18th
Principal Meridian; Thence
day of September, 2012.
S87o50'W, 1659.0 feet, along the
s/Matthew J. Hayek, Mayor
Centerline, of State Highway No.
Attest: s/Marian K. Karr, City Clerk
1, in accordance with Plat of
Survey Recorded in Plat Book 13,
res0000,z,e. September 27,2012
at Page 40 of the Records of
Johnson County Recorder's
Office; Thence SOOo00100 "W,
60.05 feet, to a Point on the
Southery Right -of -Way Line of
said Highway No. 1, which is the
Point of Beginning; Thence
S00000'00 "W, 109.95 feet;
Thence N90o00'00 "E, 187.00
feet; Thence NOOo00'00 "E, 117.03
feet, to a Point on the Southerly
Right -of -Way Line of said
Highway No. 1, which is 60.00
feet normally distant Southerly of
said Centerline of State Highway
No. 1; Thence S87o50'W, along
said Southerly Right -of -Way Line
187.14 feet, to the Point of
Beginning. Said tract of land
being subject to easements and
restrictions of record.
AND
The East 125 feet of equal width
of the following described real
estate: Commencing at the
Northeast Corner of the
Southeast Quarter of Section 16,
Township 79 North, Range 6
West of the 5th Principal
Meridian, thence South 696.5
feet along the centerline of the
Pavement of Highway 6 and 218
to its intersection with the cen-
terline of the pavement of
Highway 1 (highway station 0+00)
� r
®4
-Niz
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356 -5000
(319) 3S6 -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. 12 -4495 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
September, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 27, 2012.
Dated at Iowa City, Iowa, this 5th day of November 2012.
' Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
Legal rk
Subscribed and sworn to
b re me this _21t-day of
A.D. 20-ld--.
Notary Public
ost LINDA KROTZ
Commissar Number,73261G
LMy Jan Commission 27 2014
"'X `,mend Artid"4k, ddding the
following daipn
OFFICIAL PUBLICATION
" Delayed De wfte Use:
A Delayed Deposit Service Use
ORDINANCE NO. 12 -4495
is defined aiduals,
ORDINANCE AMENDING TITLE
partnerindividual,
of individuals,
g,
14, ZONING CODE, TO ADD A
ship, association, corporation,
DEFINITION FOR "DELAYED
any other business unit or
DEPOSIT SERVICE USES" AND
le
legal entity, who for a fee
REGULATE SAID USES AS
accepts a check dated subse-
PROVISIONAL USES IN THE
to the date it was written
COMMUNITY COMMERCIAL
or a
or a check dated on the date it
ZONE.
WHEREAS, delayed deposit ser-
was written and holds said
check for a period of time prior
vices, also known as payday lend-
to deposit or presentment pur-
ers, can trap consumers in repeat
suant to an agreement with, or
borrowing cycles due to the high
any representation made to, the
cost of borrowing, short repayment
maker of the check, whether
term, and consequences of failing
express or implied. For purpos-
to make good on the check used to
es of this Title, this definition
secure the loan; and
includes only those individuals
WHEREAS, Iowa state law licens-
and entities to which Iowa Code
as delayed deposit services and
Chapter 5331) is applicable. For
regulates the terms of loans issued
the purposes of this Title,
by delayed deposit services; and
"check" means a check, draft,
WHEREAS, a study of the effects
share draft, or other instrument
of the presence of delayed deposit
for the payment of money.
service establishments on sur-
B. Amend paragraph 14- 4A -41 -2,
rounding areas found that delayed
Examples, adding a subpara-
deposit services tend to concen-
graph g, entitled, "Delayed
trate in communities where crime
Deposit Service Uses," as indi-
rates are higher and found a statis-
cated below:
tically significant correlation
g. Delayed Deposit Service
between the presence of payday
Uses: payday lenders and any
lenders and increases in crime; and
other similar use that meets the
WHEREAS, a study of the effects
definition of Delayed Deposit
of the presence of delayed deposit
Service Use, as defined in
service establishments on sur-
Article 14 -9A of this Title.
rounding areas concluded that
C. Amend Table 2C -1, Principal
beyond the high cost of borrowing,
Uses Allowed in Commercial
payday lenders might have broader
Zones, adding an additional row
effects on a community, such as
under the "SUBGROUP" head -
crime and economic distress; and
ing for Retail Uses, entitled,
WHEREAS, while the Iowa City
Delayed Deposit Service Uses,"
community has not necessarily
and within this row under the
experienced these broader nega-
"CC -2" column indicate that
tive effects of crime and economic
said use is a provisional use in
distress, evidence that other cities
this zone by adding the abbre-
have experienced these negative
viation, "PR."
effects may be justification for reg-
D. Amend Subsection 14- 4B -4B,
ulating the location of delayed
adding a new paragraph 24, as
deposit service establishments;
indicated below, and renumber -
and
WHEREAS, this ordinance is a
ing the subsequent paragraph
accordingly:
preventative measure against the
24. Delayed Deposit Service
possible future negative effects,
Uses in the CC -2 Zone
like crime and economic distress,
a. The use is licensed by the
of the location of delayed deposit
State of Iowa; and
services on surrounding areas in
b. The use will be located at
Iowa City; and
least 1,000 feet from any
WHEREAS, delayed deposit ser-
property containing any
vice uses be defined in a manner
existing daycare use, educa-
consistent with the definition used
tional facility use, parks and
in the State Code of Iowa; and
open space use, religious/
WHEREAS, by preventing delayed
private assembly use, or resi-
deposit service uses from locating
dential use;
within 1,000 feet of any property
c. The proposed use will be
containing any existing daycare
located at least 1,000 feet
use, educational facility use, parks
from any other delayed
and open space use, religious /pri-
deposit service use.
vate assembly use, residential use,
SECTION II. REPEALER. All
or any other delayed deposit ser-
ordinances and parts of ordinances
vice use, these broader negative
in conflict with the provisions of
effects of crime and economic dis-
this Ordinance are hereby repealed.
tress would be less likely to occur
SECTION III. SEVERABILITY If
in the areas surrounding delayed
any section, provision or part of the
deposit service establishments;
Ordinance shall be adjudged to be
and
WHEREAS, the Planning and
invalid or unconstitutional, such
Zoning Commission has reviewed
adjudication shall not affect the
this ordinance and recommended
validity of the Ordinance as a whole
approval.
or any section, provision or part
NOW, THEREFORE, BE IT
thereof not adjudged invalid or
ORDAINED BY THE CITY
unconstitutional.
SECTION IV. EFFECTIVE DATE.
COUNCIL OF THE CITY OF IOWA,
This Ordinance shall be in effect
CITY, IOWA:
SECTION I. The Code of
after its final passage, approval and
Ordinances of the City of Iowa City,
publication, as provided by law.
Passed and approved this 18th
Iowa is hereby amended as fol-
day of September, 2012.
lows:
s /Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC- 8012163 September 27, 2012
1 l i
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 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. 12 -4496 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
September, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 27, 2012.
Dated at Iowa City, Iowa, this 5th day of November 2012.
k\� ,.
Julie K. Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
/�
FED.ID #42- 0330670
I' _90L" OLR 5Lsdl��L,
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):
3
�F riEM B Z7T
Legal I
Subscribed and sworn to
before me this day of
A.D. 20 jam_.
Notary Public
�.�.r LINDA KROTZ
g Co m*sion Number 732619
fiJfplfBS
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4496
ORDINANCE AMENDING TITLE
8, ENTITLED "POLICE
REGULATIONS," CHAPTER 5,
ENTITLED "MISCELLANEOUS
OFFENSES," TO PROVIDE THAT
"KEEPING DISORDERLY
HOUSE" IS A MUNICIPAL
INFRACTION AND TITLE 17,
ENTITLED "BUILDING AND
HOUSING," CHAPTER 5,
ENTITLED "HOUSING CODE,"
TO ADD ANOTHER BASIS FOR
A RENTAL PERMIT SANCTION.
WHEREAS, loud parties greatly
impact the peaceful enjoyment of
neighboring residents;
WHEREAS, when police officers
respond to complaints for loud
parties, their primary goal is to
restore order;
WHEREAS, when the occupants
open the door for the police and
assist the officers with restoring
order, the officers often give a
warning rather than issue a crimi-
nal complaint;
WHEREAS, if order cannot be
restored and a criminal complaint
is necessary, that citation is issued
to the tenants or owners who are
responsible;
WHEREAS, when the police
knock on the door of the residence
and the occupants do not open the
door, it is more difficult to restore
order and a criminal complaint
against the individual responsible
is not a feasible option; and
WHEREAS, it is in the best inter-
est of the City to establish civil
sanctions when the occupants do
not answer the door and assist
with restoring order.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police
Regulations," Chapter 5, entitled
"Miscellaneous Offenses," Section
5, entitled "Keeping Disorderly
House," is amended by deleting
Section 5 in its entirety and substi-
tuting the following Section 5:
A. Simple Misdemeanor: No per-
son shall permit or suffer to con-
tinue, without taking legal steps to
prevent the same, any quarreling,
fighting, disorderly conduct, or any
other conduct or condition that
threatens injury to persons or dam-
age to property, or loud, raucous,
disagreeable noises to the distur-
bance of the neighborhood, or to
the disturbance of the general pub-
lic, upon any premises owned by
the person or in the person's pos-
session. For the purposes of this
section, "to the disturbance of the
general public" includes the distur-
bance of persons beyond the sub-
ject premises and /or to the distur-
bance of . persons upon public
places, including peace officers.
Any violation of this subsection
shall be a simple misdemeanor.
B. Authority To Restore Order And
Disperse; Failure To Disperse:
Upon issuance of a criminal com-
plaint for a violation of this section,
any peace officer of the city shall
have authority to restore order
upon the subject premises, up to
and including ordering the disper-
sal of person(s) from the subject
premises. Any person who fails or
refuses to obey and abide by such
an order shall be guilty of a viola-
tion of this section. Any violation
of this subsection shall be a simple
misdemeanor.
C. Civil Sanction: Quarreling,
fighting, disorderly conduct, or any
other conduct or condition that
threatens injury to persons or dam-
age to property, or loud, raucous,
disagreeable noises to the distur-
bance of the neighborhood, or to
the disturbance of the general pub-
lic, upon any premises owned by
the person or in the person's pos-
session is prohibited. For the pur-
poses of this section, "to the dis-
turbance of the general public"
includes the disturbance of per-
sons beyond the subject premises
and /or to the disturbance of per-
sons upon public places, including
peace officers. Any violation of this
subsection by a property owner or
tenant is a municipal infraction
punishable by a civil penal of
$750.00 for first offense and
$1,000.00 for second and subse-
quent offenses.
2. Title 17, entitled "Building and
Housing," Chapter 5, entitled
"Housing Code," Section 16, enti-
tled "Certificate of Compliance and
Rental Permit," Subsection C is
amended by adding the following
new Paragraph 8c:
On two (2) or more separate occa-
sions within a twelve (12) month
period of time, there is a founded
complaint against a tenant.
"Founded complaint" means the
issuance of a municipal infraction
against a tenant for violation of
Section 8 -5 -5C, "Keeping
Disorderly House," of this Code or
evidence sufficient to issue a crim-
inal complaint for violation of
Section 8 -5 -5A, "Keeping
Disorderly House," of this Code
had a police officer been able to
identify a tenant who was present.
SECTION ll. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 18th
day of September, 2012.
s/Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr,
City Clerk.
PC -60 12165 September 27, 2012
4 -Z ni,li' �
�0 � M
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 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. 12 -4497 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of
October, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 11, 2012.
Dated at Iowa City, Iowa, this 5th day of November 2012.
Ju 1 K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED.ID #42- 0330670
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):
Nth _
- 'Now =�/,
Subscribed and sworn to
before me this JJ �4' day of
fa..�' -c��A.D.20-1,1_-
�i
Notary Public
,VA,t LINDA KROTZ
$ `S� Commission Number 732619
My Commission Exjpires
a. January 2_2014
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4497
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, DEFINING
STABLISHING
SMALL WIND ENERGY CONVERSION SYSTEMS AND E
REGULATIONS TO ALLOW THESE SYSTEMS AS ACCESSORY USES
IN CERTAIN ZONES BY SPECIAL EXCEPTION.
WHEREAS, Wind Energy Conversion Systems or, as more commonly
referred to, wind turbines, are not currently an allowed principal or acces-
sory use in Iowa City; and
WHEREAS, this ordinance intends to balance the need for clean, renew
able energy resources and protecting the public health, safety and welfare
of the community; and
WHEREAS, regulations in this amendment allow SmaalteWindn
Conversion Systems while ensuring they are appropriately designed,
located and installed; and
WHEREAS, Small Wind Energy Conversion Systems are distinguished
from larger utility -scale wind turbines by their limited size, generating
a property and that as such are more appropriately scaled for an urban setting;
and
WHEREAS, the Planning and Zoning Commission has reviewed this ordi-
nance and recommends approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
aE= TION I. The Code of Ordinances of the City of Iowa City, Iowa is
hereby amended as follows:
A. Amend Title 14, Chapter 9, Definitions, by adding a new Article G, as
follows: Conversion Systems (SWECS)
Article G. Small Wind Energy
Definitions
As used in Subsection 14- 4C -2Y, Small Wind Energy Conversion
Systems, the following definitions shall apply. The General Definitions
contained in Article A of this Chapter shall apply to all terms used in said
subsection that are not defined below.
HUB HEIGHT. The distance measured from the surface of the tower foun-
dation to the height of the wind turbine hub, to which the blade is
attached.
OFF -GRID: An electrical system that is not connected to utility distribution
and transmission facilities or to any building or structure that is con-
nected.
PRIVATE WIND GENERATOR: An electricity - generating apparatus, whose
primary purpose is to produce electricity for use on site, consisting of one
wind turbine per parcel, with a generating capacity no larger than ten (10)
kilowatt.
SHADOW FLICKER: Changing light intensity caused by sunlight passing
through the moving blades of a wind energy conversion system.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind
energy conversion system which has a nameplate rated capacity of up to
ten (10) kilowatts for residential uses and up to one hundred (100) kilo-
watts for non - residential uses and which is accessory to a principal use
on the same property. A system is considered a SWECS only if it supplies
electrical power solely for the use or uses on the subject property, except
that when a property on which the system is installed also receives elec-
trical power supplied by a utility company, excess electrical power gener-
ated and not presently needed for on -site use may be used by the utility
company in accordance with Section 199, Chapter 15.11(5) of the Iowa
Administrative Code, as amended.
SMALL WIND ENERGY CONVERSION SYSTEM, BUILDING MOUNTED:
A SWECS which is securely fastened to any portion of a principal building
in order to achieve desired elevation, whether attached directly to the
principal building or attached to a tower structure which is in turn fas-
tened to the principal building.
SMALL WIND ENERGY CONVERSION SYSTEM, FREE STANDING: A
SWECS which is elevated by means of a monopole tower only and is not
located on another supporting structure except that the tower shall have
an appropriately constructed concrete base. Guyed, lattice, or other non-
monopole style towers shall not meet this definition.
SMALL WIND ENERGY CONVERSION SYSTEM, HORIZONTAL AXIS: A
small wind energy conversion system that has blades which rotate
through a horizontal plane, as shown in the illustration below.
SMALL WIND ENERGY CONVERSION SYSTEM, VERTICAL AXIS: A
small wind energy conversion system that has blades which rotate
nlana_ as shown in the illustration below.
TOTAL EXTENDED HEIGHT. The height above grade to a blade tip at its
hiqhest point of extension.
TOWER: The vertical component of a wind energy conversion system that
elevates the wind turbine generator and attached blades above the
ground.
WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of
parts including the foundation, base, tower, generator, rotor, blades, sup-
ports, guy wires and accessory equipment such as utility interconnect
and battery banks, etc., in such configuration as necessary to convert the
power of wind into mechanical or electrical energy, e.g., wind charger,
windmill or wind turbine.
WIND TURBINE GENERATOR: The component of a wind energy conver-
sion system that transforms mechanical energy from the wind into electri-
cal energy.
B. Amend Title 14, Section 4C -2, Specific Approval Criteria, by adding a
new subsection Y, as follows:
Y. Small Wind Energy Conversion Systems
Small Wind Energy Conversion Systems (SWECS) are allowed as acces-
sory uses in certain zones subject to the applicable approval process,
standards and restrictions as set forth in this subsectign.
1. Permit Required:
a. It shall be unlawful to construct, erect, install, alter or locate a SWECS
within the City of Iowa City, unless the owner /operator has obtained
a building permit from the City of Iowa City.
b. The owner /operator of the SWECS shall obtain all applicable permits
required by federal and state law prior to constructing the system.
2. Applicability and Approval Process
a. Building- mounted SWECS are allowed in the CI -1, CC -2, CH -1,
CB -5, CB -10, 1 -1, 1 -2, RDP, ORP, P1, P2, and ID Zones, in accor-
dance with the standards and restrictions set forth in this subsection.
b. Freestanding SWECS that do not exceed a total extended height of
45 feetare allowed in the 1 -1, 1 -2, RDP, ORP, P1, P2, ID -I, and ID -RP
Zones, in accordance with the applicable standards and restrictions
set forth in this subsection. A special exception is required, however,
for any freestanding SWECS proposed within 300 feet of a residential
zone boundary.
c. A special exception is required for any freestanding SWECS that
exceed a total extended height of 45 feet in the 1 -1, 1 -2, RDP, ORR
P1, P2, ID -I, and ID -RP Zones.
3. Feasibility Study Recommended
a. It is highly recommended that a feasibility study be made of any site
prior to installing a wind turbine. The feasibility study should include
measuring actual wind speeds at the proposed turbine site for at
least 3 months. The applicant for a SWECS building permit shall
indicate whether a feasibility study has been conducted and the
results of any such study.
b. The grant of a special exception or issuance of a building permit for
a SWECS does not constitute the granting of an easement by the
City of Iowa City. The SWECS owner /operator shall have the sole
responsibility to acquire any covenants, easements, or similar rights
to assure or protect access to sufficient wind as may not be neces-
sary to operate the SWECS.
4. Size and Number Of Systems Per Lot
a. If allowed in the subject zone, no more than one (1) freestanding
SWECS that is taller than the tallest existing principal building on the
property may be permitted. If allowed in the subject zone, additional
freestanding SWECS that conform to setback requirements and
other standards contained herein and that are no taller than the tall-
est existing principal building located on said property may be per-
mitted. Additional building mounted SWECS may be allowed within
the parameters of this subsection.
b. Any one SWECS proposed for the subject property may not exceed
a nameplate rated capacity greater than 100 kilowatts. However, in
no case shall the generating capacity of aggregated SWECS one
property exceed anticipated energy needs for on -site consumption.
5. Lot Size Standards
a. The minimum lot size for a freestanding SWECS shall be one (1) acre.
b. The minimum lot size for a building - mounted SWECS shall be one (1)
acre if mounted on a building five (5) stories or less in height.
c. There shall be no minimum lot size for building- mounted SWECS if
mounted on a building six (6) or more stories in height.
8. Setbacks --
a. The minimum distance between any freestanding SWECS and any
property line or any existing, proposed, planned, or anticipated pub -
lic street right -of -way or public trail shall be a distance that is
equivalent to one hundred fifteen percent (115 %) of the total extend-
ed height. If the certificate of insurance for the SWECS requires a
greater setback than the setback required herein, the setback shall
be increased to meet the insurance requirement. The setback shall
be measured from the point of the SWECS closest to the property
line or existing, proposed, planned, or anticipated public street right -
of -way or public trail, including the blade at its greatest horizontal
extension.
b. The required setback for any building- mounted SWECS shall be
equal to the required setback of the principal building to which the
SWECS is to be attached.
7. Additional Siting Standards
a. No portion of a vertical axis SWECS blade shall extend within 12 feet
of the ground.
b. No portion of a horizontal axis SWECS blade shall extend within 30
feet of the around.
c. The blades of any freestanding SWECS may not extend within 20 feet
of a parking area, driveway, tree, structure, outdoor use area, pedes-
trian walkway, or above -ground utility structure or facility.
d. No part of a SWECS shall be located within or over drainage, utility
or other established easements.
e. No SWECS shall be constructed so that any part thereof can extend
within 20 feet laterally of an overhead electrical power line (excluding
secondary electrical service lines or service drops). The setback from
underground electric distribution lines shall be at least five (5) feet.
f. A SWECS shall be located in compliance with the guidelines of appli-
cable Federal Aviation Administration (FAA) regulations as amended.
8. Height Standards
Small Wind Energy Conversion Systems are exempt from the maximum
height standards of the base zone, however the following height restric-
tions apply:
a. For freestanding SWECS, the Total Extended Height of SWECS shall
not exceed the following:
(1) For lots of one (1) but fewer than three (3) acres: 65 feet maxi-
mum.
(2) For lots of three (3) to seven (7) acres: 80 feet maximum
(3) For lots more than seven (7) acres, but less than fifteen (15) acres:
100 feet maximum
(4) For lots more than 15 acres: 150 feet maximum
b. For building- mounted SWECS, the hub height shall not be more than
10 feet higher than the point of attachment to the building on which
it is attached.
9. Design Standards
a. Only monopole towers shall be permitted for freestanding SWECS.
Lattice or guyed towers of any other type are prohibited.
b. Freestanding SWECS shall be a neutral color such as white, sky blue
or light gray. Building mounted SWECS shall match or be comple-
mentary in color to the building to which it is attached. Other colors
may be allowed at the discretion of the Board of Adjustment. The
surface shall be non - reflective.
c. No lights shall be installed on the tower, unless required to meet FAA
regulations.
d. No signage or advertising of any kind shall be permitted on the tower
or any associated structures.
e. The tower must be designed to prevent climbing within the first
twelve feet (12) of height above grade.
10. Coordination with local utility company
a. Utility Notification: The City of Iowa City shall notify the applicable
utility company of receipt of an application to install an intercon-
nected customer -owned generator. Off -grid systems shall be exempt
from this notification requirement.
b. Interconnection: The SWECS, if not off -grid, shall meet the require-
ments for interconnection and operation as set forth by the utility and
the Iowa Utilities Board. No permit of any kind shall be issued until
the City of Iowa City has been provided with a copy of an executed
interconnection agreement. Off -grid systems shall be exempt from
this requirement.
c. Restriction On Use Of Electricity Generated: A SWECS shall be used
exclusively to supply electrical power to the owner for on -site con-
sumption, except that excess electrical power generated by the
SWECS and not presently needed for use by the owner may be used
by the utility company in accordance with Section 199, Chapter
15.11(5) of the Iowa Administrative Code, as may be subsequently
amended.
11. Performance Standards
An applicant shall provide evidence to the City that the following stan-
dards will be met:
a. Noise: A SWECS shall be designed, installed and operated so that the
noise generated does not exceed 50 decibels (dBA) when measured
from the nearest point on property line to the SWECS.
b. Shadow Flicker: No SWECS shall be installed and operated so to
cause a shadow flicker to fall on or in any existing residential struc-
ture.
c. Safety Controls: Each SWECS shall be equipped with both auto-
matic and manual braking, governing, or feathering system to pre-
vent uncontrolled rotation, over - speeding, and excessive pressure on
the tower structure, rotor blades, or turbine components. Said auto-
matic braking system shall also be capable of stopping turbine rota-
tion in the event of a power outage so as to prevent back feeding of
the grid.
d. Structural Integrity: Building mounted SWECS shall be prohibited
unless the owner has obtained a written analysis from an Iowa
licensed structural engineer determining that installation of a SWECS
will not cause damage to the structure and that the SWECS can be
securely fastened so as to not pose a hazard caused by detaching
from the structure.
e. Maintenance: Facilities shall be well maintained in accordance with
manufacturer's specifications and shall remain in an operational
condition that poses no potential safety hazard nor is in violation of
any provisions contained within this Article or elsewhere within the
City of Iowa City code.
f. Shut Off: A clearly marked and easily accessible shut off for the wind
turbine will be required as determined by the Building Official.
g. Electromagnetic Interference: All SWECS shall be designed and con-
structed to not cause radio and television interference. If it is deter-
mined that the SWECS is causing electromagnetic interference, the
owner /operator shall take the necessary corrective action to elimi-
nate this interference including relocation or removal of the facilities,
subject to the approval of the Building Official. A special exception or
permit granting a SWECS may be revoked if electromagnetic interfer-
ence from the SWECS becomes evident.
4-k co
h. Compliance with National Electric Code: Building permit applications
for small wind -energy systems shall be accompanied by a line draw-
ing of the electrical components, as supplied by the manufacturer, in
sufficient detail to allow for a determination that the design and man-
ner of installation conforms to the state National Electric Code.
i. Insurance: A person seeking a building permit to erect a small wind
energy system shall provide evidence, in the form of a certificate of
insurance satisfactory to the City of Iowa City, showing general liabil-
ity insurance coverage for the installation and operation of the sys-
tem under a standard business owner's insurance policy, separate
and distinct from any insurance requirements of a public utility.
j. Engineer Certification: Applications for any SWECS shall be accom-
panied by standard drawings of the wind turbine structure, including
the tower, base, and footings. An engineering analysis of all compo-
nents of the SWECS showing compliance with the applicable regula-
tions and certified by an Iowa licensed professional engineer shall
also be submitted.
k. Installation: Installation must be done according to manufacturer's
specifications. All wiring and electrical work must be completed
according to the applicable building and electric codes. All electrical
components must meet code recognized test standards.
I. Removal: If the SWECS remains nonfunctional or inoperative for a
continuous period of six (6) months, the system shall be deemed to
be abandoned. The SWECS owner and /or the owner of the property
shall remove the abandoned system at their expense. To comply with
this requirement, the entire structure, transmission equipment and
any surrounding fencing must be removed from the property, exclud-
ing foundations. Non - function or lack of operation may be proven by
reports from the interconnected utility. For off -grid systems the City
of Iowa City shall have the right to enter the property at its sole dis-
cretion to determine if the off -grid system is generating power. Such
generation may be proven by use of an amp meter. The SWECS
owner /operator and any successors shall make available to the
Director of Housing and Inspection Services or designee any and all
reports or documents needed to determine functionality, if request -.
ed. If removal of towers and appurtenant facilities is required, the
Director of Housing and Inspection Services Department or designee
shall notify in writing the SWECS owner and /or the owner of the
property on which the SWECS is located. Removal shall be com-
pleted within six (6) months of the date of said written notice.
SECTION Il, REPEALER. All ordinances and parts of ordinances in con-
flict with the provisions of this Ordinance are hereby repealed.
SECTION III, SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi-
cation shall not affect the validity of the Ordinance as a whole or any sec-
tion, 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 2nd day of October, 2012.
s/Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
PC -60a 12761 October 11, 2012
R,-, 3 3
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. 12 -4498 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of
October, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on November 1, 2012.
Dated at Iowa City, Iowa, this 4th day of December 2012.
v ��
`-Julie . Vopari
Deput� City Clerk
Printer's Fee $ 3019 a
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, O � �s P SvJ ArI12.T 2,
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):
Legal Cl k
Subscribed and sworn to
b for me this _� day of
A.D. 20_,&A_•
� --
Notary Public
LINDA KR
OTZ
o` Commission Number 73261
• My Commission Expires
January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4498
ORDINANCE REZONING
APPROXIMATELY .034 ACRES
LOCATED AT 518 BOWERY
STREET AN IOWA
HISTORICALANDMARK. (REZ1T2-
00014)
WHEREAS, the applicant,
Michelle Wiegand, has tes at
rezoning of a property located
518 Bowery Street to include des-
ignation as an Iowa City Historic
Landmark; and
WHEREAS, the Historic
Preservation element of the
Comprehensive Plan encourages
the identification and preservation
of historic resources significant to
Iowa City's past; and
WHEREAS, research conducted
on behalf of the applicant revealed
that this property may date to the
Civil War era, is one of the few
remaining examples of a neighbor-
hood grocery store, and the
Historic Preservation Commission
and State Historical Society have
determined that it is worthy of
preservation; and
WHEREAS, the Planning and
Zoning Commission has found the
designation as an Iowa City
Historic Landmark to be in compli-
ance with the Comprehensive Plan
and has recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
4E('TION I APPROVAL. Property
described below is hereby reclassi-
fied from its current zoning desig-
nation to include a designation of
Iowa City Historic Landmark:
AA nE CRIPTION
THE EAST 21 FEET OF SOUTH 70
FEET OF LOT 15, BLOCK 6,
LYONS 2ND ADDITION, IOWA
CITY, JOHNSON COUNTY, IOWA.
E6T1nni a NING MAP. The
Building Inspector is hereby autho-
rized 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 by law.
SECTION III CERTIFI ATI N
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 County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTIQN IV REPEALER. All
ordinances and parts of ordinanc-
es in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI E_E_EgTIVE DATE.
This Ordinance shall be in ettect
after its final passage, app
and publication, as provided by
law.
Passed and approved this 23rd
day of October, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City
Clerk
Pc- SPAD1029092451 November 1, 2012
� r
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. 12 -4499 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of
October, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on November 1, 2012.
Dated at Iowa City, Iowa, this 4th day of December 2012.
du_I Voparil
Deputy City Clerk
Printer's Fee $ 5�
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
Subscribed and sworn to
befor me this day of
A.D.�200-A;a-_•
Notary Public
LINM KROTZ
$ ' Cwi nissim Number 732619
ow My � tEItP.S
LA
HEREAS, the Department of
Planning and Community
Development and the Public Works
Department have examined the
Sensitive Areas Development Plan,
Thursday, November 1, 20'
Preliminary Planned Development,,
Plan, and recommend approval,
OFFICIAL PUBLICATION
subject to the agreed conditions;
ORDINANCE NO. 12 -4499
and
WHEREAS, the Planning and
AN ORDINANCE CONDITIONALLY
Zoning Commission examined the
REZONING 172 ACRES OF LAND
Preliminary Planned Development
from Interim Development -
Plan and Sensitive Areas
Research Park (ID -RP), Planned
Development Plan, and after due
Development - Mixed Use (OPD-
D
deliberation and consideration of
MU), Planned Development -
Research Development Park (OP D-
the application materials and the
RDP), and Planned Development -
staff recommendations, has rec
o d approval; and
Office Research Park (OPD -ORP)
WHERE
WHEREAS, Iowa Code §414.5
to approximately 15.8 acres of
(2011) provides that the City of
Planned Development - Highway
P
Iowa City may impose reasonable
Commercial (OPD- CH -1), 27.97
acres of Research Development
conditions n granting an
Park (RDP), and 129.12 acres to
cant's rezoning request over r and
a and
above existing regulations in order
Interim Development - Research
to satisfy public needs caused by
Park (ID -RP) for property LOCATED
the requested change; and
WEST OF HIGHWAY ONE AND
WHEREAS, Owner has agreed
NORTH OF INTERSTATE 80.
that the property shall be derms
(REZ12- 00005 /REZ12- 00006)
aped in accordance with the terms
WHEREAS, the applicant, Steve
and conditions of the Conditional
Moss, filed with the City Clerk of
Zoning Agreement ensure
Iowa City, Iowa, a rezoning applica-
appropriate development t in this
tion for an office research park and
area of the city.
an area designated for support
NOW, THEREFORE, BE IT
retail services, for a total of approx-
ORDAINED BY THE CITY
imately 171.88 acres of land locat-
COUNCIL OF THE CITY OF IOWA
ed northwest of the interchange of
CITY, IOWA:
State Highway 1 and Interstate 80;
SECTION I. APPROVAL:
and
WHEREAS, the City's
1. The approximately 27.97 acres
of property legally described
Comprehensive Plan indicates that
below, is hereby reclassified from
this area is particularly suited for
ODD - O , and OPD-
office and research development
RDP o e
Research Development
park uses due to its proximity to
R
Park (RDP):
Interstate 80 and other successful
tp ion:
Leal Description:
office research park;
WHEREAS, Applicant has
A part of the Southeast Quarter of
the
requested the OPD CH -1 zoning
Section 35, Township 35 North,
Range 6 West of the 5th , ,
designation to allow for the provi-
Iowa City, Johnson County, Iowa,
sion of certain retail services to
being more particularly described
support office park uses not other-
as follows: Beginning at the
wise allowed within the CH -1; and
Northeast corner of said
WHEREAS, a small area of retail
Southeast Quarter; thence South
services, such as hotel facilities,
2°07' East 328.8 feet along the
restaurants, retail shops and per -
East line of said Southeast
sonal services, if developed in a
Quarter (assumed bearing for this
manner that would complement
and support the larger office
description only) the point of
research park, would be consistent
tto hence continuing
beginning; thenc
South East 913.8 feet along
with the Comprehensive Plan; and
East line;
said East line; thence North 90°00
WHEREAS, certain variations
West 499.5 -feet; thence South
from the underlying CH -1 zoning
0°00' East feet; thence
requirements are necessary to
' We
North 9 West 603. feet;
ensure that the office park and sup-
North
thence North 0°00' East 3 feet;
port retail area are developed as a
thence North East 94.3
East
cohesive high - quality office park;
North
feet; thence North 0 °00' East
and
WHEREAS, Applicant has sub-
744.4 feet; thence North 20 °58'
West 66.1 feet; thence
mitted a concept plan for the office
Northeasterly 161.5 feet along the
park indicating proposed lot layout
arc a 6 foot radius curve
and street rights -of -way for the first
concave ve N Noror thwesterly (chord
and future phases of development;
bearing North 59 °19' East 161.1
and a planned development plan
a
feet) to a point of tangency;
for the land being zoned OPD CH -1
thence North East 138.3
that gives conceptual building and
feet to a point nt o curvature;
parking lot locations, pedestrian
1.
thence Northerly 1 feet along
connections; and landscaping; and
the arc of a 7.5 foot t radius curve
WHEREAS, in the absence of a
concave Westerly (chord bearing
m ore detailed master plan, the
North East 10.5 feet
applicant has agreed to certain
conditions to ensure that the office
thence Northerly 0.5 feet along
park is developed in a cohesive
the arc of a 380.0 foot radius
curve concave Ea
Ea
Easterly (chord
and attractive manner typical of a
bearing North 12 °31' West 301.9
high - quality office, park and said
feet) to a point of tangency;
conditions shall be recorded as a
thence North East 280.0
conditional zoning agreement;
ouch East
feet; thence South
WHEREAS, the Planning and
Zoning Commission recommends
North
60.0 feet; thence North 90°00'
that the concept plan submitted for
East feet; thence South
44°56' ' East ast 425.7 feet to the point
the OPD -CH -1 zoned properties
should be recorded as a part of the
of beginning and containing 27.99
planned development plan and all
acres more or less.
2. The approximately 15.80 acres
site plans for all lots within the
of property legally described
office park be reviewed by the
below is hereby reclassified from
Commission for compliance with
and -RDP to
Planned
said concept plan and/or the con-
Planned Development
D
Development Highway
ditions contained in the associated
1
Commercial (OPD -CH -1) with the
conditional zoning agreement, as
applicable; and
OFFICIAL PUBLICATION
certain additional land uses
allowed according to the a condi-
tional zoning agreement approved
herein:
Legal Descri tp ion:
That part of the Southeast Quarter
of Section 35, Township 35 North,
Range 6 West of the 5th P.M.,
Iowa City, Johnson County, Iowa
described as follows:
Commencing as a point of refer-
ence at the Northeast corner of
said Southeast Quarter; thence
South 2 °07' East 1242.6 feet
along the East line of said
Southeast Quarter (assumed
bearing for this description only)
to the point of beginning; thence
continuing South 2 °07' East
737.9 feet along said East line to
a point of intersection with the
Northerly right -of -way line of
Interstate No. 80; thence South
81 °04' West 646.2 feet along said
Northerly right -of -way line; thence
North 89 °31' West 491.9 feet
along said Northerly right -of -way
line; thence North 0 °00' East
476.9 feet; thence North 90 °00'
East 603.5 feet; thence North
0 "00' East 365.8 feet; thence
North 90 °00' East 499.5 feet to
the point of beginning and con-
taining 15.80 acres more or less.
3. The approximately 128.12 acres
of property legally described
below is hereby reclassified from
OPD -RDP, OPD -MU, and OPD-
' ORP to Interim Development -
Research Park (ID -RP):
Legal Description:
A part of the Southeast Quarter of
Section 35, Township 35 North,
Range 6 West of the 5th P.M.,
Iowa City, Johnson County, Iowa,
and Lot 4, Lot 5, Lot 10, the South
9 acres of Lot 6, and the South
12.5 acres of Lot 8 of a subdivi-
sion of the Northeast Quarter of
said Section 35 (plat recorded in
Plat Book 1, Page 11 at the
Johnson County Recorder's
Office) all being more particularly
described as follows: Beginning
at the Northeast corner of said
Southeast Quarter; thence South
2 °07' East 328.8 feet along the
East of said Southeast Quarter
(assumed bearing for this descrip-
tion only); thence North 44 °56'
West 425.7 feet; thence North
90 °00' West 402.3 feet; thence
North 79 °07' West 60.0 feet;
thence South 10 °53' West 280.0
feet to a point of curvature;
thence Southerly 310.5 feet along
the arc of a 380.0 foot radius
curve concave Easterly (chord
bearing South 12 °31' East 301.9
feet); thence Southerly 11.5 feet
along the arc of a 7.5 foot radius
curve concave Westerly (chord
bearing South 8 °13' West 10.5
feet) to a point of tangency;
thence South 52 °23' West 138.3
feet to a point of curvature;
thence Southwesterly 161.5 feet
along the arc of a 667.0 foot
radius curve concave
Northwesterly (chord bearing
South 59 °19' West 161.1 feet);
thence South 20 °58' East 66.1
feet; thence South 0 °00' East
744.4 feet; thence North 90 °00'
West 94.3 feet; thence South
0 °08' East 506.9 feet to a point of
intersection with the Northerly
right -of -way line of Interstate No.
80; thence North 89 "31' West
1239.9 feet to a point of intersec-
tion with the West line of the East
line of the East 63.75 acres of the
West one -half of the Southeast
Quarter of said Section 35; thence
North 2 °15' West 2023.7 feet
along said West line to the -South
line of said Lot 8; thence South
88 °58' West 124.5 feet to the
Southwest corner of said Lot 8;
thence North 2 °08' West 1056.0
feet to a point of intersection with
the North line of the South 12.5
acres of said Lot 8; thence North
88 '58' East 2504.5 feet along
said North line and along the
North line of the South 9 acres of
said Lot 6 and along the North
line of said Lot 4 to a point of
intersection with the East line of
said Northeast Quarter; thence
South 1 °57' East 1056.0 feet
along said East line to the point of
beginning and containing 128.12
acres more or less.
SECTION II. CONDITIONAL
ZONING AGREEMENT. The mayor
is hereby authorized and directed
to sign, and the City Clerk attest,
the Conditional Zoning Agreement
between the property owner and
the City, following passage and
approval of this Ordinance.
SECTION III, ZONING MAP. The
Building Inspector is hereby autho-
rized 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 by law.
SECTION IV. CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance, the associated condi-
tional zoning agreement, planned
development plan, sensitive areas
development plan, and concept
plan for Moss Office Park and to
record 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 ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby 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, provision or part
thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 23rd
day of October, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian . K. Karr, City
Clerk
Prepared by: Karen Howard, PCD,
410 E, Washington, Iowa City, IA
52240 (319) 356 -5251 (REZ12-
00005 & REZ12- 00006)
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made
between the City of Iowa City,
Iowa, a municipal corporation
(hereinafter "City "), and Moss
Farms, Inc., Stephen A. Moss and
David G. Moss (hereinafter
"Owner ").
WHEREAS, Owner is the legal
title holder of approximately 172
acres of property located north-
west of the interchange of State
Highway 1 with Interstate 80; and
OFFICIAL PUBLICATION
WHEREAS, Owner has requested
the rezoning of said property from
Interim Development- Research
Park (ID -RP), Planned Development
- Mixed Use (OPD -MU), Planned
Development - Research
Development Park (OPD -RDP), and
Planned Development - Office
Research Park (OPD -ORP) to
approximately 15.8 acres of
Planned Development - Highway
Commercial (OPD- CH -1), 27.97
acres of Research Development
Park (RDP), and 129.12 acres of
Interim Development - Research
Park (ID -RP); and
WHEREAS, a planned develop-
ment overlay zone allows flexibility
in the design, placement and clus-
tering of buildings, mixture of uses
and related site and design consid-
erations; and
WHEREAS, the OPD CH -1 rezon-
ing is appropriate in this case to
allow for the provision of certain
retail services to support office
park uses not otherwise allowed
within the CH -1, particularly given
the proximity to the 1 -80 and
Highway 1 Interchange; and
WHEREAS, in the absence of a
more detailed master plan showing
how the retail component of this
development will be integrated with
the other uses allowed in the CH -1
zone, Owner has agreed to certain
conditions to ensure that the office
park is developed in a cohesive
and attractive manner typical of a
high - quality office park and said
conditions shall be recorded as a
conditional zoning agreement; and
WHEREAS, the Planning and
Zoning Commission has deter -
mined that with appropriate condi-
tions regarding landscaping, sig-
nage, building location, design and
materials that ensure that the office
park and the support retail area are
developed to the quality expected
for a Class A Office Park, that the
requested zoning and the various
requested modifications to the
zoning are consistent with the
Comprehensive Plan goals of envi-
ronmental stewardship and expan-
sion of quality job opportunities
within the community; and
WHEREAS, the Planning and
Zoning Commission recommends
that the concept plan submitted for
the OPD -CH -1 zoned properties
should be recorded as a part of the
planned development plan and all
indiviQual site plans for all lots
within the office park shall be
reviewed by the Commission for
compliance with said concept plan
and the conditions contained in
this conditional zoning agreement
in order to ensure that the office
park and associated support retail
area is developed in a cohesive
and quality manner over time; and
WHEREAS, Iowa Code §414.5
(2011) provides that the City of
Iowa City may impose reasonable
conditions on granting an appli-
cant's rezoning request, over and
above existing regulations, in order
to satisfy public needs caused by
the requested change; and
WHEREAS, Owner acknowledges
that certain conditions and restric-
tions are reasonable to ensure the
development of the property is
consistent with the Comprehensive
Plan; and
WHEREAS, Owner agrees to
develop this property in accor-
dance with the terms and condi-
tions of this Conditional Zoning
Agreement.
NOW, THEREFORE, in consider-
ation of the mutual promises con-
tained herein, the parties agree as
follows:
1. Owner is the legal title holder of
the property legally described as
follows:
A PART OF THE SOUTHEAST
QUARTER OF SECTION 35,
TOWNSHIP 35 NORTH, RANGE 6
WEST OF THE 5TH P.M., IOWA
CITY, JOHNSON COUNTY, IOWA,
AND LOT 4, LOT 5, LOT 10, THE
SOUTH 9 ACRES OF LOT 6, AND
THE SOUTH 12.5 ACRES OF LOT
8 OF A SUBDIVISION OF THE
NORTHEAST QUARTER OF SAID
SECTION 35 (PLAT RECORDED IN
PLAT BOOK 1, PAGE 11 AT THE
JOHNSON COUNTY RECORDER'S
OFFICE) ALL BEING MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST
CORNER OF SAID SOUTHEAST
QUARTER;
THENCE SOUTH 2 °07' EAST
1980.6 FEET ALONG THE EAST
OF SAID SOUTHEAST QUARTER
(ASSUMED BEARING FOR THIS
DESCRIPTION ONLY) TO A POINT
OF INTERSECTION WITH THE
NORTHERLY RIGHT -OF -WAY LINE
OF INTERSTATE NO. 80;
THENCE SOUTH 81 °04' WEST
646.2 FEET ALONG SAID
NORTHERLY RIGHT -OF -WAY
LINE;
THENCE NORTH 89 °31' WEST
1731.77 FEET ALONG SAID
NORTHERLY RIGHT -OF -WAY LINE
TO A POINT OF INTERSECTION
WITH THE WEST LINE OF THE
EAST 63.75 ACRES OF THE WEST
ONE -HALF OF THE SOUTHEAST
QUARTER OF SAID SECTION 35;
THENCE NORTH 2 °15' WEST
2023.7 FEET ALONG SAID WEST
LINE TO THE SOUTH LINE
OF SAID LOT 8;
THENCE SOUTH 88 °58' WEST
124.5 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 8;
THENCE NORTH 2 "08' WEST
1056.0 FEET TO A POINT OF
INTERSECTION WITH THE NORTH
LINE OF THE SOUTH 12.5 ACRES
OF SAID LOT 8;
THENCE NORTH 88 °58' EAST
2504.49 FEET ALONG SAID
NORTH LINE AND ALONG THE
NORTH LINE OF THE SOUTH 9
ACRES OF SAID LOT 6 AND
ALONG THE NORTH LINE OF
SAID LOT 4 TO A POINT OF
INTERSECTION WITH THE EAST
LINE OF SAID NORTHEAST
QUARTER;
THENCE SOUTH 1 °57' EAST
1056.0 FEET ALONG SAID EAST
LINE TO THE POINT OF
BEGINNING AND CONTAINING
171.88 ACRES MORE OR LESS.
2. The Owner acknowledges that
the City wishes to ensure confor-
mance to the principles of the
Comprehensive Plan and the
Sensitive Areas Development Plan,
and that the conditions imposed
upon the property are reasonable
and designed to satisfy public
needs caused by the requested
zoning change. Further, the parties
OFFICIAL PUBLICATION
acknowledge that Iowa Code
§414.5 (2011) 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 to satisfy public needs
caused by the requested change.
3. In consideration of the City's
rezoning the subject property,
Owner shall comply with the zoning
ordinance, as well as the following
conditions:
1) A conceptual landscape plan for
the entire area, as legally
described above, shall be submit-
ted and be approved by the
Director of Planning or designee
prior to approval of the final plat
for Phase One. This plan shall
address location of and the gen-
eral concept for stormwater facili-
ties and illustrate the shared ame-
nities or features of the park,
Including any trail system,
entranceway signage or similar
features. The Plan shall be
detailed for the area designated
as Phase One. The landscaping
plan for Outlot A may be concep-
tual in nature, but should take into
account and be complementary
to the sensitive environmental
features of the site, including the
stream corridors; woodlands,
slopes, wetlands, and similar top-
ographic and geographic fea-
tures. This plan does not need to
include landscaping details for
individual lots, but rather it should
convey the overall character of
the shared open space and ame-
nities proposed for the office park
and support retail area.
2) Prior to final plat, a master sign
plan shall be submitted to and
approved by the Director of
Planning or designee, indicating
potential locations and design
concept for common signage for
the office park, which may include
on- premise and off - premise sig-
nage for the office park, such as
entranceway signage, directional
signage, development Signs,
identification signage, masonry
wall signs, monuments signs, and
interstate signs. The design of all
common signage for the develop-
ment should have a consistent
theme and be constructed of
similar quality materials and let-
tering.
3) For the area zoned OPD -CH -1,
the following additional allowanc-
es, standards and restrictions
apply:
a. No more than two drive -
through facilities shall be
allowed. Drive - throughs shall
comply with the special excep-
tion approval criteria applicable
in the CC -2 Zone, however, a
special exception shall not be
required. The Planning and
Zoning Commission shall have
the authority to act on behalf of
the Board .of Adjustment when
considering approval of drive -
through facilities.
b. Accessory outdoor display and
storage `is allowed only in
accordance with the commercial
site development standards that
apply in the CC -2 Zone.
c. The commercial buildings
should be the prominent feature
as viewed from the public
streets within the development.
To that end, each principal com-
mercial building shall have at
least one main building entrance
oriented toward the street.
Parking areas shall be located
largely to the side or rear of
buildings, however a maxlrnum,-,
of one double - sided parking
aisle may be located between
the building and the street,
except for lots with multiple
frontages, for which only one
frontage needs to meet this
standard.
d. Parking areas must be setback
at least 50 feet from the
Interstate 80 right -of -way and
this setback area must be land-
scaped with trees, shrubs and
ground cover consistent with
the general landscaping plan for
the office park.
e. Land uses are restricted to
those allowed in the Highway
Commercial (CH -1) Zone, plus
the following additional uses:
I. Sales- oriented and Personal
Service- Oriented Retail Uses
up to a maximum of 50,000
square feet per lot;
ii. General Animal- Related
Commercial Uses; and
iii. Specialized Educational
Facilities.
4) Site plans for development of
every lot shall be reviewed and
approved by the Planning and
Zoning Commission according to
the following standards prior to
issuance of a building permit for
the subject lot. Decisions of the
Planning and Zoning Commission
may be appealed to the City
Council:
a. Landscaping Standards
I. On -lots zoned RDP, the total
ground area devoted to open
space for natural landscape
and landscape beautification
shall be not less than 35% of
the total land area shown on
the site plan. Such open space
shall be free of all drives, park-
ing areas, structures, build-
ings, and other permanent
improvements, except for
those walkways, monuments,
ornamental structures, and
other features considered to
be necessary but essential to
the central landscape theme.
ii. Stonnwater facilities shall be
designed as an integral part of
the landscaping plan.
iii. Building and parking area
placement and provision of
open space shall take into
account and respond sensi-
tively to the topography and
environmental features on the
site to the extent possible and
as required according to the
approved sensitive areas
development plan.
iv. Parking areas, loading ramps,
utility areas, and similar vehic-
ular use areas shall be effec-
tively screened from public
view. Screening shall be
accomplished through the
design incorporation of land-
scaping such as planting
screens using both deciduous
and evergreen tree and shrub
species, the combination of
which have year -round effec-
tiveness; topography such as
the natural or manmade grade
differences; structural addi-
tions such as permanent walls;
or other equally permanent
and effective screening inno-
vations. Anyone or combina-
tion of screening methods may
be used providing, however,
the net result shall be comple-
mentary to the central land-
scape theme as well as effec-
eQ_461
OFFICIAL PUBLICATION
tiveig accomplish the conceal-
ment of the area In question.
v. Parking shall be set back a
minimum of 20 feet from City
street rights -of -way, 50 feet
from the Interstate 80 right -of-
way, and 10 feet from all other
property lines and from com-
mon drives external to a park-
ing area, except in the case of
abutting parking lots for which
cross - access has been estab-
lished over the parking areas,
which may be constructed as
seamless paving across the
property line.
b. Bu*ldina Material Standards
I. Building facades shall be pre-
dominantly constructed of high
quality exterior building materi-
als, including window systems,
brick, masonry, stone, stucco,
colored and burnished con-
crete masonry units, architec-
tural pre -cast panels, and
architectural metal panels.
Concrete panels with a veneer
of brick or masonry may be
approved provided the materi-
al gives the appearance of one
or more of the high quality
building materials listed above.
Predominately is defined as at
least 75 percent of the exterior
of the entire building, but not
necessarily of each building
wall. Use of high quality build-
ing materials should be con-
centrated along building walls
that are visible from public
streets and public areas or that
contain public entrances.
ii. Other lower quality or less
durable exterior building mate-
rials, such as smooth -faced
concrete block, unadorned tilt -
up concrete panels, and EIFS
do not qualify as quality build-
ing materials and should be
limited. In no case shall EIFS
be used within the first 8 feet
above grade. Lower quality
metal siding, such as that used
for metal pole buildings, is not
allowed.
iii. Material and color changes
should generally occur at a
change of plane and at an
inside corner. Material or color
changes at the outside corners
of structures that give the
impression of veneer or artifici-
ality of the material are not
allowed.
c. Buildina Articulation and
Fenestration Standards
I. Buildings must include details
and features that provide visu-
al interest, reduce the percep-
tion of the mass of the build-
ing, and provide a cohesive
appearance to the building.
Building facades shall be artic-
ulated by using color, window
arrangement, change in mate-
rials, and change in plane to
vary the height, depth, or
direction of exterior walls.
Stretches of blank wall with no
windows or other architectural
features are discouraged, par-
ticularly along building walls
that are within public view, as
defined by the Zoning Code.
ii. Rear and side facades that are
visible from streets, pedestrian
walkways, or shared open
spaces shall have the same
type of materials and detailing
found on the principal facades
of the buildinn
iii. Whenever practical, the
heights of walls, cornice or
parapet lines should match or
be complementary to those of
neighboring .buildings: Design
linkages are required through
the placement of window lines,
belt courses, and other hori-
zontal elements in a pattern
that reflects similar elements
or other horizontal lines in
neighboring buildings.
Windows should be recessed
or otherwise set apart from the
building's principal facade to
provide horizontal lines and
vertical rhythm fo the building.
Building design should be
compatible and harmonious
with neighboring buildings, but
variety is also encouraged to
prevent monotony.
iv. Building awnings or canopies
that provide a generally con-
sistent cover along pedestrian
walkways are encouraged. A
functional awning or canopy
(minimum 6 feet in depth) is
required at entranceways on
retail buildings. Arcades may
also be used to provide weath-
er protection for pedestrians.
v. Transparent entries and large
ground -level storefront win-
dows are required along
street- facing facades of all
retail buildings (not including
banks or hotels /motels). To
meet this standard, a minimum
of 50% of the street- facing
building facade between 2 and
10 feet in height from the adja-
cent exterior grade must be
comprised of transparent (no
more than 10% daylight reduc-
tion) windows and doors. Such
windows and doors must be
vertically- oriented in a stan-
dard, mainstreet storefront
configuration that allow views
into the interior space or be
designed as storefront display
windows that are set into the
wall. Display cases attached to
the outside building wall do not
qualify. While banks, hotels
and motels are not required to
meet this standard, transpar-
ent entries, and generous fen-
estration along street - facing
facades is encouraged consis-
tent with the intended use of
the building.
d. Sianage Standards
I. Wall Signs: All signage con-
structed as wall signs on build-
ing fascia within the develop-
ment shall incorporate aes-
thetic features compatible with
the overall character of the
development. All wall signs will
be composed of solid individu-
al letters attached to the build-
ing fascia, or Individual letters
of anodized aluminum, galva-
nized metal; or illuminated,
self - contained translucent
plastic faces set in anodized
aluminum returns and trim.
Logos shall generally be con-
structed in the same manner
as individual letters including
contouring to follow the shape
of the logo. In situations in
which the logo cannot be con-
toured, a panel sign may be
allowed if the panel is sized
and constructed in a manner
that minimizes the overall sign
size and limits the portion illu-
minated to just the logo.
ii. Freestanding pole signs,
including tall interstate pole
signs, are not allowed.
However, one common wide
based freestanding sign is
allowed along the interstate
frontage to serve lots 4, 5, 6,
and 7. Up to one additional
common, wide -based free-
standing sign is allowed along
the Interstate frontage to pro-
vide identification for other
uses within the larger office
park. Said interstate signs shall
not exceed 30 feet in height or
12 feet in width and shall be
designed in a manner that is
consistent with the design of
other signs within the office
park. Said interstate signs shall
be setback a minimum of 20
feet from the interstate right -
of -way but shall be located
within the first 100 feet of lot
depth as measured from the
interstate right -of -way. The
maximum copy area of each
sign face on an interstate sign
shall not exceed 200 square
feet. The sign may be double -
faced for a total of 400 square
feet. The name of the develop-
ment shall be indicated within
the top one -fourth of the sign
copy area. The maximum letter
height for tenant identification
copy on the sign shall be eigh-
teen (18) inches.
iii. Monument signs shall be
allowed on each lot according
to the approved sign plan for
the development. Monument
signs may exceed the maxi-
mum height specified in the
Iowa City Zoning Code,but In
no case shall a monument sign
exceed 8 feet in height.
iv. For Phase One of the devel-
opment, one of the following
sign types, as defined in the
Iowa City Zoning Code, is
allowed at the entrance to the
office park near the intersec-
tion of Moss Ridge Road and
Highway 1 and one additional
of said sign types is allowed
near the intersection of Moss
Ridge Road with the east
property line of the Moss
Ridge. Campus development:
Development Sign;
Entranceway Sign; or Masonry
Wall Sign(s).The location and
design of these signs shall be
identified in the Master Sign
Plan that is approved prior to
final plat of Phase 1. The signs
shall be identification signs for
the entire office park and shall
not provide identification for
individual tenants or business-
es within the office park. The
sign shall be in conformance
with the specifications set forth
in Table 513-5 of the Iowa City
Zoning Code, regardless of the
zone in which the sign is locat-
ed. For future phases of the
office park development, addi-
tional locations for similar
entranceway signage may be
allowed near the intersections
of Moss Meadows Road and
Creek Preserve Road with
Oakdale Boulevard and /or in
locations where other public
streets enter the office park
development from 'In abutting
property that is not within the
development. Specific
entranceway sign locations for
future phases of the office park
shall be determined at the time
of final plat for the respective
future phase.
v. On- or off - premise directional
signage may be allowed
according to the master sign
;plan.
4. The Owner and City acknowl-
edge that the conditions contained
herein are reasonable conditions to
impose on the land under Iowa
Code §414.5 (2011), and that said
conditions satisfy public needs that
are caused by the requested zon-
ing change.
5. The Owner and City acknowl-
edge that in the event the subject
property is transferred, sold, rede-
veloped, or subdivided, all redevel-
opment shall 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 with
title to the land, unless or until
released of record by the City of
Iowa City.
The parties further acknowledge
that this agreement shall inure to
the benefit of and bind all succes-
sors, representatives, and assigns
of the parties.
7. The Owner acknowledge(s) 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
adoption and publication of the
ordinance, this agreement shall be
recorded in the Johnson County
Recorder's Office at the Owner's
expense.
Dated this 23rd day of October,
2012.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
?Y� 7V. eaW
Marian K. Karr, City Clerk
MOSS M , INC.
BY� :t-
gleptiM A. Moss, PresWent
J A. Ml
spouse of DWW O. Moss
PC- SPAD1018092M November 1, 2012
1�- (-k q� s
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. 12 -4500 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of
November, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 6, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
J li . Voparil
Deputy City Clerk
(74:4�, t2.. -- 4Sa j�
Printer's Fee $ 1_
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
r
Mgm
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):
Subscribed and sworn to
beforg,tne this tD4$- day of
A.D. 20--b-7- .
Notary Public
.f tat LINDA KROTZ
` Commission Number 732619
My Commission Expires
oW • January 27,_ 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4500
AN ORDINANCE
CONDITIONALLY REZONING
APPROXIMATELY 1.38 ACRES
LOCATED AT 1030 WILLIAM
STREET FROM COMMERCIAL
OFFICE (CO -1) TO MEDIUM -
DENSITY MULTI - FAMILY (RM-
20). (REZ12- 00023)
WHEREAS, the applicant, 3
Diamond Development, L.L.C., has
requested a rezoning of property
located at 1030 William Street from
Commercial Office (CO -1) to
Medium - Density Multi - Family (RM-
20); and
WHEREAS, the Southeast District
Plan encourages redevelopment
and reinvestment of the Towncrest
area, and specifies that new devel-
opment in the area should incorpo-
rate a diversity of uses, mixed verti-
cally within buildings and horizon-
tally along a network of streets, and
include apartment buildings, live -
work and residential townhouses to
transition from any new develop-
ment to the detached single - family
neighborhood surrounding
Towncrest; and
WHEREAS, the applicant intends
to redevelop this site with apart-
ments designed for and occupied
by elders and /or persons with dis-
abilities, a use that is compatible
with and complementary to the
nearby retail services and medical
offices in the area; and
WHEREAS, this intended use is a
new use for the area, thereby fur-
thering the goal of mixed uses
throughout the Towncrest area; and
WHEREAS, this redevelopment
will set an example to encourage
further reinvestment and redevel-
opment in this area; and
WHEREAS, there is a demonstrat-
ed need for elderly housing within
Iowa City and the Towncrest area,
and a conditional zoning agree-
ment will ensure the apartments
will be reserved for and occupied
by elders and /or persons with dis-
abilities; and
WHEREAS, the subject property is
within the Towncrest Design
Review Overlay District and there-
fore the final design must be
approved by the City's Design
Review Committee according to
the Towncrest Design Plan Manual;
WHEREAS, members of the pub-
lic and the Planning and Zoning
Commission expressed concern
over the lack of usable private and
semi - private green space for the
residents as called for in the
Southeast District Plan and there-
fore recommend as a condition of
the rezoning that a landscaping
plan illustrating how usable out-
door greenspace will be incorpo-
rated into the development be sub-
mitted as a component of the
developer's application for Design
Review; and
WHEREAS, Iowa Code §414.5
(2011) provides that the City of
Iowa City may impose reasonable
conditions on granting an appli-
cant's rezoning request, over and
above existing regulations, in order
to satisfy public needs caused by
the requested chancre: and
WHEREAS, the owner and appli-
cant have agreed that the property
shall be developed in accordance
with the terms and conditions of
the Conditional Zoning Agreement,
attached hereto, to ensure appro-
priate development in this area of
the city.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Subject to
the Conditional Zoning Agreement
attached hereto and incorporated
herein, property described below is
hereby reclassified from its current
zoning designation Office
Commercial (CO -1) with, a Design
Review Overlay (ODR) to Medium
Density Multi - Family Residential
(RM -20) with a Design Review
Overlay (ODR):
LEGAL DESCRIPTION
The west half of Lot 7, Block 3,
Towncrest Addition, Iowa City,
Iowa, according to the recorded
plat thereof, excepting any portion
of said Lot 7 falling within the fol-
lowing described tract of land:
Commencing at an iron pin mark-
ing the northwest corner of Block
3, Towncrest Addition to Iowa City,
Iowa according to the Plat thereof
recorded in Book 4, Page 323
Johnson County Recorder's
Records; thence on an assumed
bearing of south 140.00 feet along
the west line of said Block 3 to a
P -K nail marking the Point of
Beginning; thence continuing south
144.40 feet along the said west line
of Block 3 to an iron pin; thence
South 90 °00'00" East 50.43 feet to
an iron pin; thence south 6.00 feet
to a P -K nail; thence South
90 100'00" East 95.45 feet to a P -K
nail on the west line of the existing
building; thence north 6.67 feet
along said west building line to the
centerline of an east -west common
wall; thence South 90 °00'00" East
44.63 feet along said common wall
centerline and its easterly exten-
sion to a P -K nail on the east line of
the said west one half of Lot 7;
thence North 0 °07'20" West 146.92
feet along the east line of said west
one half of Lot 7 and its northerly
extension of a P -K nail; thence
South 89 °03'00" West 190.22 feet
to the Point of Beginning (1030
William Street).
SECTION 11. ZONING MAP. The
building official is hereby autho-
rized 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 the
ordinance as approved by law.
SECTION III, CONDITIONAL
ZONING AGREEMENT. The mayor
is hereby authorized and directed
to sign, and the City Clerk attest,
the Conditional Zoning Agreement
between the property owner(s) and
the City, following passage and
approval of this Ordinance.
SECTION IV. CERTIFICATION
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 record the same in
the Office of the Countv 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
conflict with the provisions of this
Ordinance are hereby 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, 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 27th
day of November, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made
between the City of Iowa City,
Iowa, a municipal corporation
(hereinafter "City "), and Towncrest
Investments, L. P. (hereinafter
"Owner "), and 3 Diamond
Development, L.L.C. (hereinafter
"Applicant ").
WHEREAS, Owner is the legal title
holder of approximately 1.38 acres
of property located at 1030 William
Street, Iowa City, Iowa; and
WHEREAS, the Applicant has
requested the rezoning of said
property from Commercial Office
(ODR -CO -1) to Medium - Density
Multi - Family Residential (ODR-
RM-20); and
WHEREAS, the Planning and
Zoning Commission has deter-
mined that, with appropriate condi-
tions ensuring the apartments will
be reserved for and occupied by
elders and /or persons with disabili-
ties, and ensuring the adequate
provision of private and semipri-
vate outdoor spaces as called for in
the Southeast District Plan, as
determined by staff through the
design review process, the
requested zoning is consistent with
the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5
(2011) provides that the City of
Iowa City may impose reasonable
conditions on granting an appli-
cant's rezoning request, over and
above existing regulations, in order
to satisfy public needs caused by
the requested change; and
WHEREAS, the Owner and
Applicant acknowledge that certain
conditions and restrictions are rea-
sonable to ensure the development
of the property is consistent with
the Comprehensive Plan and the
need for compatibility with the
Southeast District Plan; and
WHEREAS, the Owner and
Applicant agree to develop said
Property in accordance with the
terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consider-
ation of the mutual promises con-
tained herein, the parties agree as
follows:
v
1. Towncrest Investments, L.P. is
the legal title holder of the property
legally described as:
The west half of Lot 7, Block 3,
Towncrest Addition, Iowa City,
Iowa ;according to the recorded
Plat thereof, excepting any portion
of said Lot 7 falling within the fol-
lowing described tract of land:
Commencing at an iron pin mark-
ing the northwest corner of Block
3, Towncrest Addition to Iowa City,
Iowa according to the Plat thereof
recorded in Book 4, Page 323
Johnson County Recorder's
Records; thence on an assumed
bearing of south 140.00 feet along
the west line of said Block 3 to a
P -K nail marking the Point of
Beginning; thence continuing south
144.40 feet along the said west line
of Block 3 to an iron pin; thence
South 90°00'00" East 50.43 feet to
an iron pin; thence south 6.00 feet
to a P -K nail; thence South
90 °00'00" East 95.45 feet to a P -K
nail on the west line of the existing
building; thence north 6.67 feet
along said west building line to the
centerline of an east -west common
wall; thence South 90 °00'00" East
44.63 feet along said common wall
centerline and its easterly exten-
sion to a P -K nail on the east line of
the said west one half of Lot 7;
thence North 0 °07'20" West 146.92
feet along the east line of said west
one half of Lot 7 and its northerly
extension of a P -K nail; thence
South 89 °03'00" West 190.22 feet
to the Point of Beginning (1030
William Street).
2. The Owner and Applicant
acknowledge that the City wishes
to ensure conformance to the prin-
ciples of the Comprehensive Plan,
specifically the Southeast District
Plan. Further, the parties acknowl-
edge that Iowa Code §414.5 (2011)
provides that the City of Iowa City
may impose reasonable conditions
on granting an applicant's rezoning
request, over and above the exist-
ing regulations, in order to satisfy
public needs caused by the
requested change.
3. In consideration of the City's
rezoning the subject property,
Owner and Applicant agree that
development of the •subject prop-
erty will conform to all other
requirements of the zoning chapter,
as well as the following conditions:
a. Uses shall be restricted to elder
apartment housing, as defined in
the Iowa City Code of Ordinances;
and
b. There shall be no vehicular
drive between the building and the
southern property line; and
c. Private and semi - private out-
door spaces will be provided in
accordance with the Southeast
District Plan, the size and location
of which is to be determined by
staff through the design review
process.
4. The Owner, Applicant, and City
acknowledge that the conditions
contained herein are reasonable
conditions to impose on the land
under Iowa Code §414.5 (2011),
and that said conditions satisfy
public needs that are caused by
the requested zoning change.
5. The Owner, Applicant, and City
acknowledge that in the event the
subject property is transferred,
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 with
title to the land, unless or until
released of record by the City of
Iowa City.
The parties further acknowledge
that this agreement shall inure to
the benefit of and bind all succes-
sors, representatives, and assigns
of the parties.
7. The Owner and Applicant
acknowledge 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 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
adoption and publication of the
ordinance, this agreement shall be
recorded in the Johnson County
Recorder's Office at the Applicant's
expense.
Dated this 27th day of November,
2012.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest: Marian K. Karr, City Clerk
3 Diamond Development. L.L.C.,
APPLICANT
s/Benjamin Porush
Director of Operations
Towncrest Investments, L.P.,
OWNER
s/Ernest Stoppelmoor
Partner
PC- 8000015123 December 6, 2012
(1" 3. � � --)�
Azgul�
qw 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. 12 -4501 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of
November, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 6, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
v
Julie . Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, Ro
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 r
time(s), on the following date(s):
Subscribed and sworn to
before me this � day of
Notary Public
p I t LIfYNg f\Rt31 L 326
Januan/.27, 20 #4
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4501
ORDINANCE REZONING
APPROXIMATELY 1.1 ACRES
LOCATED AT 2225 MORMON
TREK BOULEVARD FROM
INTENSIVE COMMERCIAL (CI -1)
TO COMMUNITY COMMERCIAL
(CC -2). (REZ12- 00020)
WHEREAS, the applicant, Terry
Lockridge and Dunn World Trend
Financial, has requested a rezoning
of the property located at 2225
Mormon Trek Boulevard from
Intensive Commercial (CI -1) to
Community Commercial (CC -2);
and
WHEREAS, the Southwest District
Plan future land -use map indicates
the appropriate use for this area as
general commercial, which is
intended to provide opportunity for
a large variety of commercial uses
that serve a major segment of the
community; and
WHEREAS, the subject property is
located within the West Side Park
subdivision, and the West Side
Park subdivision has evolved from
its original plan of being a commer-
cial and light industrial park into an
area that contains residential and
commercial uses; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning
and has recommended approval. —
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of CI -1 to CC -2:
LEGAL DESCRIPTION
THAT PART OF LOT 41 OF WEST
SIDE PARK DESCRIBED AS
AUDITOR'S PARCEL #20001069
IN SURVEY BOOK 43, PAGE 134
IN THE JOHNSON COUNTY, IOWA
RECORDER'S OFFICE
SECTION II ZONING MAP. The
Building Inspector is hereby autho-
rized 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 by law.
SECTION III. CERTIFICATION
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 County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION IV. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION VI EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 27th
day of November, 2012.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk.
PC 6000615124 December 6, 2012
III 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. 12 -4502 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 13, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
Julie . Voparil
Deputy City Clerk
Printer's Fee $ 5n,53
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
D! Cl , ?� M_
Legal
Subscribed and sworn to
be re me this __L3!�t day of
A.D. 20 Q, .
-
Notary Public
LINDA KROTZ
Commission Number 7326191
• My Commission Expires
or Januaar r 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4502
AN ORDINANCE TO AMEND THE
PLANNED DEVELOPMENT
OVERLAY 'MEDIUM- DENSITY
SINGLE- FAMILY (OPD -8) PLAN
FOR SADDLEBROOK MEADOWS
PART 1 TO ADD A SINGLE -
STORY RANCH -STYLE HOUSE
PLAN TO THE PREVIOUSLY
APPROVED OPD PLAN FOR
PROPERTY LOCATED AT
WHISPERING MEADOWS DRIVE
AND PINTO LANE. (REZ12-
00022)
WHEREAS, the applicant,
Saddlebrook Meadows
Development, has requested a
rezoning to amend the Planned
Development Overlay Medium -
Density Single - Family (OPD -8)
Plan for Saddlebrook Meadows
Part 1 to add a single -story ranch-
style house plan to the previously
approved OPD plan for property
located at Whispering Meadows
Drive and Pinto Lane; and
WHEREAS, the previously
approved OPD plan for
Saddlebrook Meadows includes
three to seven models of single -
family homes, all of which have two
stories; and
WHEREAS, the applicant has
requested the option of replacing
up to six of the two -story models
with one -story dwellings to provide
for more affordable units and
dwellings on a single floor; and
WHEREAS, the approved single -
family lots are considerably smaller
and narrower than what is typically
allowed in the underlying Medium -
Density Single- Family (RS -8) zone,
and, due to the presence of alleys,
the models include a mix of
attached and detached garages,
which results in less usable yard
space than in most newer neigh-
borhoods; and
WHEREAS, the proposed house
models will include full -width front
porches that will be a minimum of
8 -feet deep to provide for usable
outdoor space; and
WHEREAS, the previously
approved OPD Plan included a
variety of house models and
required that identical models not
be repeated next to each other, a
condition that also applies to the
revised plan; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning
and has recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. The
Planned Development Overlay
Plan for the properly legally
described below is hereby amend-
ed to allow for the addition of a
single -story ranch -style house
plan, as shown on the plan
attached hereto and incorporated
herein by this reference:
THE SADDLEBROOK MEADOWS
PART ONE SUBDIVISION, AS
RECORDED IN BOOK 3846, PAGE
747, BY THE JOHNSON COUNTY
RECORDER'S OFFICE, IOWA
CITY, JOHNSON COUNTY, IOWA
SECTION II. ZONING MAP. The
Building Inspector is hereby autho-
rized 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 by law.
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 County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SE[`TION IV REPEALER. All
ordinances and parts of ordinanc-
es in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION VI EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 4th day
of December, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
.—= j
�I
EAPNi ELFV1?IpN ,. ^ ^!Lfii
Poe000 15w December 13, 2012
1 r i
�►Tr+rlr w
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240 -1826
(319) 356 -5000
(319) 3S6 -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. 12 -4503 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 13, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
Julie-R. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
•1.� ��
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):
Legal
Subscribed and sworn to
be f re met is
j244--d
ay of
11 10
A.D. 20J�._•
Notary Public
LINDA KROTZ
Commission Numbef 732619
My CioMmjSsim Expires
o. January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4503
AN ORDINANCE AMENDING
TITLE 14, ZONING CODE,
ARTICLE 4C, ACCESSORY
USES AND BUILDINGS, TO
ALLOW FOR THE KEEPING OF
CHICKENS AS AN ACCESSORY
USE TO SINGLE FAMILY
DETACHED USES AND TO
REF(~pW4;E$PANDARDS FOR._,
STRUCTURES FOR THE
KEEPING OF CHICKENS.
WHEREAS, a large number of Iowa
City residents, as evidenced by a
petition submitted to City Council
on July 10, 2012, have expressed
interest in allowing chickens in
residential zones; and
WHEREAS, the Accessory Uses
and Buildings section,of the Zoning
Code (14-4C) delineates criteria for
specific listed accessory uses and
structures, and states that a use or
structure can be considered
accessory if it meets certain gen-
eral criteria and is customarily inci-
dental to and commonly associat-
ed with a permitted principal use;
and
WHEREAS, urban chickens are
not listed as a specific accessory
use and, since they are not cus-
tomarily incidental to and com-
monly associated with a detached
single - family residence in an urban
neighborhood, they cannot be
considered a general accessory
use; and
WHEREAS, an amendment to
the Zoning Code is required to list
the keeping of chickens a specific
permitted accessory use and to
allow for structures for the shelter
of chickens as an allowed acces-
sory structure; and
WHEREAS, additional regula-
tions for the keeping of chickens
will be established by the Animal
Control provisions of the City
Code; and
WHEREAS, the Planning and
Zoning Commission has reviewed
this ordinance amendment and
recommended approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION 1. The Code of
Ordinances of the City of Iowa
City, Iowa is hereby amended as
follows:
A. Amend Section 14 -4C -2, by
adding a new subsection Y as
follows:
Y. The Keeping of Chickens
and Structures for the Shelter
of Chickens
The keeping of chickens and
structures for the shelter of
chickens are permitted for
detached single - family uses
subject to the restrictions and
provisions set forth in Title 8',
Chapter 4 "Animal Control', of
the City Code of Ordinances.
SECTION ll. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this t
n.dinance are hereby repealed
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 4th day
of December, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PCG5000015%1 December 13. 2012
Kira
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 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. 12 -4504 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 13, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
Julie R. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, RD &J,�g 5-va A-+1 -'C;Z-
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):
13 , 2.0 I
Legal Cl z
Subscribed and sworn to
+ -day of
D. 2 0_/,X_.
!M:�
Notary Public
�" "te
LINDA KROTZ
Commission Number 732619,
My Commission Expires
°"•
January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4504
ORDINANCE AMENDING TITLE
8, ENTITLED "POLICE.
REGULATIONS," CHAPTER 4,
ENTITLED "ANIMAL CONTROL"
AND TITLE 10, ENTITLED
"PUBLIC WAYS AND
PROPERTY," CHAPTER 5,
ENTITLED "CITY PLAZA," AND
CHAPTER 9, ENTITLED "PARKS
AND RECREATION
REGULATIONS," TO ALLOW
DOGS IN CITY PLAZA, TO
PROHIBIT ANIMALS IN
SIDEWALK CAFES, AND TO
ALLOW DOGS TO BE OFF LEASH
IN ALL DOG PARKS.
WHEREAS, the Iowa City
Downtown District has requested
that dogs be allowed on City Plaza
with certain restrictions;
WHEREAS, City Code section
8 -4 -6F prohibits animals in build-
ings serving foot but not in side-
walk cafes or outdoor service
areas;
WHEREAS, City Code section
10 -9 -2D allows a dog to be off -
leash in Thornbery Off -Leash Dog
Park, but the Code has not been
amended to include the City's sec-
ond dog park, Rita's Ranch Dog
Park; and
WHEREAS, it is in the best interest
of the City to allow dogs on City
Plaza with certain restrictions, to
Prohibit animals from being in side-
walk cafes and outdoor services
areas, and to allow dogs to be off
leash in all dog parks.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I AMFN21YIE Tc
1. Title 8, entitled "Police
Regulations," Chapter 4, entitled
"Animal Control," Section 6, enti-
tled "Prohibitions and
Requirements," Subsection D, enti-
tled "Animals at Large Prohibited,"
Paragraph 1d is hereby amended
by deleting it in its entirety and
substituting the following new
Paragraph 1d:
It is a dog in a City dog park that
has been issued a use permit._
2. `Title 8, entitle Pbd' "jioe
Regulations," Chapter 4, entitled
"Animal Control," Section 6, enti-
tled "Prohibitions and
Requirements," Subsection F, enti-
tled "In Food Establishments," is
hereby amended by deleting it in its
entirety and substituting the follow -
ing new Subsection F:
In Food Establishments: No ani-
mal shall be allowed, taken or per-
mitted on or in any building, store,
restaurant, tavern, sidewalk cafe,
or outdoor service area where food
or food products are sold, prepared
or dispensed to humans other than
the owners thereof, except for ani-
mals properly trained and certified
to assist persons with disabilities
while such animals are acting in
such capacity.
3. Title 10, entitled "Public Ways
and Property," Chapter 5, entitled
"City Plaza," Section 6, entitled
"Animals Restricted," is amended
by deleting Section 6 in its entirety
and substituting the following new
Section 6:
No person shall take, accompany
or allow any animal into City Plaza
with the following exceptions:
a) an animal permitted in section
8 -4 -12 of this code;
b) an animal trained to assist per-
sons with disabilities;
c) an animal securely confined
within an animal carrier, kennel,
cage, or crate and does not create
a public nuisance; or
d) a dog restrained with a leash no
greater. than six feet (6) in length
and not:
(1) within 15 feet of the concrete
border of the playground equip-
ment located south of the public
library;
(2) in a limestone planter;
(3) tethered or tied to any object
on public or private property; or
(4) in a sidewalk cafe.
4. Title 10, entitled "Public Ways
and Property," Chapter 9, entitled
"Parks and Recreation
Regulations," Section 2, entitled
"Prohibited Actions in Parks,"
Subsection D, entitled "Animals,"
Paragraph 3 is hereby amended by
deleting Paragraph 3 in its entirety
and substituting the following new
Paragraph 3:
This provision shall not apply to: a)
an animal trained to assist persons
with disabilities; b) a person issued
a permit as authorized in section
8 -4 -12 of this code; or c) a dog in a
City dog park that has been issued
a use permit.
SECTION 11, REPEALER, All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III . aEVERABILITY 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.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 4th day
of December, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K Karr, City Clerk
vC- e000015a December 13, 2012'
I r
=vs-w5aM -4
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa S2240-1826
(319) 3S6 -5000
(319) 3S6 -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. 12 -4505 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 13, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
Jule K. Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
nFED.ID #42- 0330670
I � �5 � � �r.✓ �k'il� -r:
r
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):
Legal Cl
Subscribed and sworn to
be re me this 1 day of
Notary Public
pw LINDA KROTZ
`* Commission Number 732619
• My Commission Expires
a*
January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4505
ORDINANCE AMENDING TITLE
3, FINANCES TAXATION AND
FEES, CHAPTER 4, SCHEDULE
OF FEES, RATES, CHARGES,
BONDS, FINES, AND PENALTIES,
SECTION 3, POTABLE WATER
USE AND SERVICE, SECTION 4,
WASTEWATER TREATMENT
WORKS USER CHARGES, AND
SECTION 5, SOLID WASTE
DISPOSAL, TO INCREASE THE
DEPOSIT FOR UTILITY
ACCOUNTS AND RAISE
RECONNECTION AND CARDING
FEES TO REFLECT ACTUAL
COSTS incurred by the city;
AMENDING TITLE 16, PUBLIC
WORKS, CHAPTER 3A, CITY
UTILITIES - GENERAL
PROVISIONS, SECTION 5,
ESTABLISHING CITY UTILITY
ACCOUNTS; DEPOSITS
REQUIRED, TO HOLD DEPOSITS
UNTIL ACCOUNTS ARE CLOSED;
AND AMENDING TITLE 16,
PUBLIC WORKS, CHAPTER 3A,
CITY UTILITIES - GENERAL
PROVISIONS, SECTION 6,
BILLING AND COLLECTION
PROCEDURES; DELINQUENT
ACCOUNTS; TO ENSURE THE
IMPOSITION OF LIENS
CONFORMS TO STATE CODE;
WHEREAS, the City has previ-
ously held some protection from
loss upon tenant defaults by the
City's opportunity to lien the prop-
erty in question for most services
provided; and
WHEREAS, legislative changes to
the State Code now result in great-
er difficulty for the City in liening for
any such charges; and
WHEREAS, as a result of said leg-
islative change, the City now
requires greater protection through
utility deposits, which have remained
unchanged since 1997; and
WHEREAS, residential tenant
accounts average $59.92 per
month, and staff has historically
aimed to set deposits at two
months typical use; and
WHEREAS, staff believes that
raising the deposit for rental
accounts from $80 to $120, and
holding the deposits until the
accounts are closed and paid in full
will offer some protection against
losses; and
WHEREAS; staff wishes to raise
the fee for reconnection of discon-
nected service, and the posting fee
for shutting off water, in order to
recoup actual costs incurred by the
City to do so.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT
TITLE 3, FINANCES TAXATION
AND FEES, CHAPTER 4,
SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND
PENALTIES, SECTION 3, POTABLE
WATER USE AND SERVICE is
hereby amended by changing the
"Deposit and delinquency fee for
combined city water and /or sani-
tary sewer and/or solid waste col-
lection accounts" for "Residential
tenant accounts" from "80.00" to
"120.00 "; and for "Commercial
account ", deleting the language
and replacing it with the following:
An amount equal to an average 2
month billing for commercial ser-
vice for city water and /or sanitary
sewer service, or $120.00, which-
ever is greater.
And is further amended by chang-
ing the "Reconnection of discontin-
ued service" fee from "$35.00" to
"$45.00" for the ",Fee During Normal
Working tia, " . epd.flgm,'$70.00"
to $80.00r the Additional
Service Fee After Normal Working
Hours ", and by changing the
"Posting fee for shutting off water in
collection procedure" from "35.00"
to "$45.00" for the "Fee During
Normal Working Hours ".
TITLE 3, FINANCES TAXATION
AND FEES, CHAPTER 4,
SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND
PENALTIES, SECTION 4,
WASTEWATER TREATMENT
WORKS USER CHARGES is hereby
amended by changing the "Deposit
and delinquency fee for combined
city water and /or sanitary sewer
and /or solid waste collection
accounts" for "Residential tenant
account, per combined residential
service for city water and /or sanitary
sewer and/or solid waste collection
service" from "80.00" to "120.00 ".
TITLE 3, FINANCES TAXATION
AND FEES, CHAPTER 4,
SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND
PENALTIES, SECTION 5, SOLID
WASTE DISPOSAL is hereby
amended by changing the "Deposit
and delinquency fee combined for
city water and /or sanitary sewer
and /or solid waste collection
accounts" for "Residential tenant
account, per combined residential
service for city water and /or sanitary
sewer and /or solid waste collection
service" from "80.00" to "120.00 ".
TITLE 16, PUBLIC WORKS,
CHAPTER 3A, CITY UTILITIES -
GENERAL PROVISIONS, SECTION
5, ESTABLISHING CITY UTILITY
ACCOUNTS; DEPOSITS
REQUIRED is hereby amended by
deleting paragraph "B." in its
entirety and replacing it as follows:
B. Required deposits shall be held
until service is terminated and the
account closed. At such time, the
amount of the deposit shall be
credited to the account or refunded
to the account holder if the account
is closed and paid in full.
TITLE 16, PUBLIC WORKS,
CHAPTER 3A, CITY UTILITIES -
GENERAL PROVISIONS, SECTION
6, BILLING AND COLLECTION
PROCEDURES; DELINQUENT
ACCOUNTS, paragraph B.(2) is
amended by deleting it in its entire-
ty and replacing it as follows:
2. For residential rental properties
where the charges for service are
separately metered and paid
directly by the tenant and when the
utility account is in the current ten-
ant's name, liens of the property
shall be pursuant to state code.
SECTION II REPEALER All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III, SEVERABILITY. Ii
any section, provision or part of the
M
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.
ecrTlC)N IV EFFECTIVE DATE.
This Ordinance shall be effective
upon publication.
Passed and approved this 4th day
of December, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
aC- 6000015s December 13, 2012
Ry
w,l�... P
M .�
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 3S6 -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. 12 -4506 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 13, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
C -'O .
Julie K. Voparil
Deputy City Clerk
Printer's Fee $_441. 52
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FE_D.ID #42- 0330670
9
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):
��F 13, 2-012,
Legal irk
Subscribed and sworn to
bef re me this _.._12� day of
A.D. 20_.
Notary Public
��„� LINDA KROTZ
' Commission Number 732619',
• My Commission Expires
e« _ January 27,2014
OFFICIAL PUBLICATION
3. Title 10, entitled "Public Ways
ORDINANCE NO. 12 -4506
and Property," Chapter 3, entitled
ORDINANCE AMENDING TITLE
"Commercial Use of Sidewalks,"
10 OF THE CITY CODE,
Section 5, entitled "Use by Mobile
ENTITLED "PUBLIC WAYS AND
Vendors," is hereby amended by
PROPERTY," CHAPTER 3,
adding new Subsection A,
ENTITLED "COMMERCIAL USE
Paragraphs 2d and 2e as follows:
OF SIDEWALKS," SECTION 5,
d. No person may have an own -
ENTITLED, "USE BY MOBILE
ership interest, as determined by
VENDORS," TO CHANGE THE
the City, in more than three mobile
DURATION OF A MOBILE
vending cart operations.
VENDING PERMIT FROM ONE
e. If the City Council decides to
YEAR TO THREE YEARS AND
eliminate or reduce the mobile
TO LIMIT THE OWNERSHIP
vending permit program, the City
INTEREST TO THREE CARTS.
may terminate all permits upon
WHEREAS, regulating the use of
120 -day notice to the permittees.
public right -of -way by commercial
SECTION 11. REPEALER. All ordi-
businesses ensures the safe move-
nances and parts of ordinances in
ment of pedestrians and fair com-
conflict with the provision of this
mercial use of the right -of -way;
Ordinance are hereby repealed.
WHEREAS, section 10 -3 -5 pres-
SECTION Ill. PENALTIES FOR
ently provides that the City may
VIOLATION. The violation of any
issue permits annually for mobile
provision of this ordinance is a
vending in City Plaza;
municipal infraction or a simple
WHEREAS, for ease of adminis-
misdemeanor.
tration and to align permits on the
SECTION IV. SEVERABILITY. If
same three -year cycle as sidewalk
any section, provision or part of the
cafes in the street and in planters,
Ordinance shall be adjudged to be
the permits for mobile vending
invalid or unconstitutional, such
should be for three years;
adjudication shall not affect the
WHEREAS, presently three carts
validity of the Ordinance as a
are owned in part by one person;
whole or any section, provision or
and
part thereof not adjudged invalid or
WHEREAS, it is in the City's inter-
unconstitutional.
est to increase ft"terib of a mobile
SECTION V. EFFECTIVE DATE.
vending permit to three years and
This Ordinance shall be in effect
to prohibit a person from having an
after its final passage, approval
ownership interest in more than
and publication, as provided by
three vending carts.
NOW, THEREFORE, BE IT
law.
Passed and approved this 4th day
ORDAINED BY THE CITY
of December, 2012.
COUNCIL OF THE CITY OF CITY,
s/Matthew J. Hayek, Mayor
IOWA:
s /Marian K. Karr, City Clerk
SECTION I. AMENDMENTS.
1. Title 10, entitled "Public Ways
PC- 0000015%8 December 13, 2012
and Property," Chapter 3, entitled
"Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile
Vendors," is hereby amended by
deleting Subsection A, Paragraph
lb in its entirety and by substitut-
ing in its place the following new
paragraph:
Permits will be issued for three -
year periods beginning May 1,
2013 to April 30, 2016. All applica-
tions for mobile vendor permits
must be received by January 31 of
the calendar year for which the
three -year permit will be issued.
Permits for partial periods may be
available as provided in the admin-
istrative rules.
2. Title 10, entitled "Public Ways
and Property," Chapter 3, entitled
,,Commercial- Use of Sidewalks,"
Section 5, entitled "Use by Mobile
Vendors," is hereby amended by
deleting Subsection A, Paragraph
2a in its entirety and by substitut-
ing in its place the following new
paragraph:
No more than six (6) permits shall
be issued for each three -year peri-
od. All permits shall be issued for
city plaza except that up to two (2)
permits maybe issued for the 100,
200, and 300 blocks of Iowa
Avenue.
Ordinance No. 12 -4507 - VOID
I r
Flu ' 0
Al
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa S2240-1826
(3 19) 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. 12 -4508 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 27, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
Ju I . Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
ME
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):
Subscribed and sworn to
before me th's ay of
A.D. 20._,(, -_•
_ ___Notar_ b1k_
Wi 'L•L LINDA KR 14
Commission Number 732619
MY Commission Expires
Janc�r27 2014
OFFICIAL PUS KATION
ORDINANCE NO. 12- 4508
AN- ORDINANCE AMENDING
TITLE 7, CHAPTER 1, FIRE
PREVENTION AND PROTECTION,
BY ADOP'T'ING THE 2012
EDITION OF THE
INTERNATIONAL FIRE CODE TO
REGULATE AND GOVERN THE
SAFEGUARDING OF LIFE AND
PROPERTY FROM FIRE AND
EXPLOSION HAZARDS ARISING
FROM THE STORAGE,
HANDLING AND USE OF
HAZARDOUS SUBSTANCES,
MATERIALS AND DEVICES, AND
FROM CONDITIONS
HAZARDOUS TO LIFE OR
PROPERTY IN THE OCCUPANCY
OF BUILDINGS AND PREMISES
IN THE CITY OF IOWA CITY AND
PROVIDING FOR THE ISSUANCE
OF PERMITS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
^TIOf' 1 AMENDMENT.
1. Section 1, entitled, "Fire Code
Adopted," is hereby deleted and the
following new Section 1 is inserted
in lieu thereof:
That a certain document, one (1)
copy of which is on file in the office
of the City Clerk of the City of Iowa
City, being marked and designated
as the International Fire Code, 2012
edition, including errata and
Appendix Chapters B, C, D, E, F, G,
H, and I as published by the
International Code Council, be and
is hereby adopted as the Fire Code
of the City of Iowa City, in the State
of Iowa regulating and governing
the safeguarding of life and property
from fire and explosion hazards aris-
ing from the storage, handling and
use of hazardous substances,
materials and devices, and from
conditions hazardous to life or prop-
erty in the occupancy of buildings
and premises as herein provided,
providing for the issuance of per-
mits and each, and all of the regula-
tions, provisions, penalties, condi-
tions and terms of said Fire Code on
file in the office of the City Clerk are
hereby referred to, adopted and
made a part hereof, as if fully set out
in this ordinance, with the additions,
insertions, deletions and changes,
prescribed in the following sections
of this ordinance.
2. Section 2, entitled "Amendments
to Fire Code," is deleted in its entire-
ty and the following new Section 2
is inserted in lieu thereof:
That the following sections are
hereby revised:
Section 101.1 Insert: Iowa City,
Iowa
Section 102.1 Modify by adding a
fifth applicability requirement to the
end as follows:
5.A.A. A -2 Occupancies that exist-
ed prior to August 1, 2007 with an
occupant load of 50 -298 located on
a floor other than the level of exit
discharge and with an ABDL shall
comply with Section 903.2.1.2 by
July 1, 2013.
B. B Occupancies' that existed
prior to August 1, 2007 located on a
floor other than the level of exit dis-
charge and with an ABDL shall
comply with Section 903.2.1.2 by
July 1, 2013.
C. All A -2 Occupancies that exist -
ed prior to August 1, 2007 with an
occupant load of 100 -298 with an
ABDL shall comply with Section
903.2.1.2, provided that there is a
change in business ownership,
defined as the sale, transfer, or
assignment of any legal or equitable
ownership interest, except that the
owner may show to the building
official's satisfaction that said
change in ownership is one of form
and not substance.
Section 104.1.1 Add a new section
to read as follows: The code official
and members of the fire prevention
bureau shall have the powers of a
peace officer in performing their
duties under this Code.
Section 104.1.2 Add a new section
to read as follows: The Fire Chief
may appoint and designate such
members of the Fire Department as
fire /police investigators upon being
certified by the Iowa Law
Enforcement Academy. Fire/police
investigators shall have the powers
of a peace officer in performing their
duties under this Code, including
full powers of arrest to effectuate
their duties of enforcing city ordi-
nances and state statutes.
Notwithstanding his/her status as a
peace officer, a fire/police investiga-
tor shall be subject to the rules and
regulations of the Iowa City Fire
Department for all purposes and
shall perform such functions as the
Fire Chief shall assign.
Section 104.12 Add a new section
to read as follows: The code official
is authorized to order an operation
or use stopped or the evacuation of
any premises, building, or vehicle or
portion thereof which has or is a fire,
life safety or health hazard.
Section 105.2 Add a sentence to
the end of the section to read as
follows: Application for an opera-
tional permit shall be submitted with
all required information not less than
14 days prior to the event requiring
a permit.
Section 106.2 Add a sentence to
the end of the section to read as
follows: The fire code official at the
official's sole discretion may send
plans to a qualified agency for
review. The fire code official shall
designate the plans review agency.
The applicant shall pay all fees
associated with the plan review
directly to the outside agency.
Section 108. Delete in its entirety
and insert in lieu thereof: See Title
17 Chapter 12 of this Code.
Section 109.4 Delete the section
and replace with: Persons who shall
violate a provision of this code or
shall fail to comply with any of the
requirements thereof or who shall
erect, install, alter, repair or do work
in violation of the approved con-
struction documents or directive-of
the fire code official, or of a permit
or certificate used under provisions
of this code, shall be guilty of a
simple misdemeanor or municipal
infraction, as prescribed in 1 -4 -213.
Each day that a violation continues
after due notice has been served
shall be deemed a separate offense.
Section 111.4 Delete the section
and replace with: No person 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
Section 202 Add a new definition
to read as follows: CODE OFFICIAL.
The Chief Officer- of the Fire
Department, the Fire Marshal, or the
Chief's authorized representative.
Section 202 Add a new definition
to read as follows: EMERGENCY
COMMUNICATIONS CENTER. The
(P3. \ 0. 3
Johnson County Joint Emergency
Communications Center.
Section 202 Add a sentence to the
end of FIRE LANE definition to read
as follows: See City Code 9 -4 -13 for
additional rules and regulations.
Section 202 Delete the existing R -4
definition and substitute the follow-
ing: R -4 Residential occupancies
shall include buildings arranged for
occupancy as residential care/
assisted living facilities including
more than five but not more than 16
occupants, excluding staff.
Group R -4 occupancies shall meet
the requirements for construction as
defined in the International Building
Code for Group R -3, except as oth-
erwise provided for in that code.
Section 307 See also 6 -6 of this
Code.
Section 307.1.1 Delete the section
and replace with: Prohibited burn-
ing. Burning that is offensive or
objectionable because of smoke or
odor emissions or when atmospher-
ic conditions or local circumstances
make such fires hazardous shall be
prohibited.
Section 307.1.2 Add a new section
to read as follows: Hours of opera-
tion. A person shall not maintain any
outdoor burning from 11 p.m. to 7
a.m. unless permitted and approved
by the fire code official.
Section 307.3 Delete the section
and replace with: Extinguishment
authority. The fire code official is
authorized to order the extinguish-
ment by the responsible person or
the fire department of any burning
that creates or adds to a hazardous
or objectionable situation.
Section 315.3 Add a sentence to
the end of the section to read as
follows: Combustible material stor-
age shall be confined to approved
storage areas, such that the pres-
ence of incidental storage in any
other area of the building does not
constitute a hazard.
Section 401.9 Add a new section
to read as follows: Building evacua-
tion. Upon activation of the building
fire alarm system or upon notifica-
tion by other means of detecting
and reporting unwanted fire, all
building occupants shall promptly
evacuate the building.
Exception: When the emergency
evacuation plan, as approved by the
fire code official, does not require
the immediate total evacuation of
the building.
Section 402.1 Add a new definition
to read as follows: CROWD
MANAGEMENT. Crowd manage-
ment meshes the design features of
a facility, the established operating
features of that facility, and an
understanding of the occupants'
expected natural behavior in that
facility for specific type of event.
Section 403.4 Add a new section
to read as follows: A -2 Occupancy
Crowd Managers. Group A -2 occu-
pancies shall be provided with a
minimum of one (1) trained crowd
manager anytime occupancy reach-
es 50 or more. Where the occupant
load exceeds 250, additional trained
crowd managers shall be provided
at a ratio of one (1) crowd manager
for every 250 occupants. The crowd
manager shall annually receive
training approved by the fire code
official in crowd management tech-
niques.
Section 405.2 Add to the end of the
section as follows: Fire and evacua-
tion drills in Group E occupancies
shall be conducted in accordance
with Section 100.31 of the Code of
Iowa. Fire drills in Group R. Division,_,
i I;tl — L_� S_ 0 cs- ck-�
2, Fraternities and Sororities, shall
be conducted once per academic
semester.
Section 503.2.9 Add a new section
to read as follows: Thickness. Fire
apparatus access roads shall be
constructed of Portland cement
concrete conforming to the specifi-
cations of the Iowa Department of
Transportation C -3 or M -3 mixes.
The concrete access road shall be a
minimum of 7 inches thick over
compacted soil.
Section 505.1 Delete the section
and replace with: New and existing
buildings shall have approved
address numbers, building numbers
or approved building identification
placed in a position that is plainly
legible and visible from the street or
road fronting the property. These
numbers shall contrast with their
background. Address numbers shall
be Arabic numbers or alphabetical
letters. Numbers shall be a mini-
mum of 4 inches high with a mini-
mum stroke width of 0.5 inch. From
100 -199 ft from the street the num-
ber shall be a minimum of 6 inches
high with a minimum stroke of 0.5
inches. From 200 -299 ft from the
street the number shall be a mini-
mum of 8 inches high with a mini-
mum stroke of 0.5 inches. For each
additional 100 ft from the street, the
number shall increase by an addi-
tional 2 inches in height.
Measurements to determine the
minimum number size shall be mea-
sured from the approved addrqss
location to the center line of the
street for which the premises is
addressed. Where access is by
means of a private road and the
building cannot be viewed from the
public way, a monument, pole or
other sign or means shall be used to
identify the structure.
Section 506.1 Add a sentence to
the end of the section to read as
follows: An approved key box shall
be installed in an approved location
on all new construction.
Exceptions: Group R -3 and unse-
cured R -2 occupancies.
Section 507.5.1 Delete exceptions
1 & 2.
Section 507.5.1.1 Delete the sec-
tion and replace with: Hydrant for
fire sprinkler and standpipe sys-
tems. A fire hydrant shall be located
not more than 100 feet from a fire
sprinkler or standpipe system con-
nection and on the same side of the
fire department access as the con-
nection or as approved by the code
official.
Section 510.1 Delete exception 1.
Section 605.9 Delete the section
and replace with: Temporary wiring.
Temporary wiring for electrical
power and lighting installations is
allowed for a period not to exceed
90 days for holiday decorative light-
ing, carnivals and similar purposes.
Temporary wiring methods shall
meet the applicable provisions of
the Iowa City Electrical Code.
Exception: Temporary wiring for
electrical power and lighting instal-
lations is allowed during periods of
construction, remodeling, repair or
demolition of buildings, structures,
equipment or simi]ar activities.
Temporary wiring methods shall
meet the applicable provisions of
the Iowa City Electrical Code.
Section 605.10.5 Add a new sec-
tion to read as follows: Fully
enclosed. Portable, electric space
heaters shall be fully enclosed
space heaters that by design have
no external surfaces that reach tem-
peratures capable of igniting materi-
als placed against the surface.
Section 804.5 Add a new section
to read as follows: Maintenance.
The interior finish of buildings shall
be maintained in accordance with
the conditions of original approval.
Any change to the interior finish that
is regulated by the provisions of this
code or the building code shall be
made in accordance with all appli-
cable requirements.
Section 806.1 Add a sentence to
the end of the section to read as
follows: Natural or resin - bearing cut
trees and natural decorative vegeta-
tion used in buildings open to the
general public shall be properly
treated with an approved flame
retardant.
Section 806.1.1 Delete the section
and replace with: Restricted occu-
pancies. Natural cut trees shall be
prohibited in Group A, B, E, 1 -1, 1 -2,
1 -3, 1 -4, M, R -1, and R -4 occupan-
cies.
Exception: Trees located in areas
protected by an approved Automat-
ic sprinkler system installed in
accordance with Section 903.3.1.1
or 903.3.1.2 shall not be prohibited
in Groups A, B, E, M and R -1.
Section 807.4.3.1 Delete excep-
tions 1 & 2.
Section 807.4.4.1 Delete excep-
tions 1 & 2.
Section 901.2 (a) Add a new sec-
tion to read as follows: Water based
fire protection systems. Working
plans submitted to the fire depart-
ment for water based fire protection
systems shall be stamped and
approved by a qualified person to
be in compliance with applicable
NFPA standards and the Iowa City
Fire Code. Any changes to the
working plans shall be approved by
a qualified person. A qualified per-
son shall have a minimum National
Institute for Certification in
Engineering Technologies [NICET]
Level III certification for Automatic
Sprinkler System Layout OR be a
licensed engineer with experience in
life safety system design. Other
qualifications may be approved by
the code official.
Section 901.2 (b) Add a new sec-
tion to read as follows: Fire alarm
systems. Working plans submitted
to the fire department by a qualified
person for fire alarm systems shall
be stamped and approved by a
qualified person to be in compliance
with applicable NFPA standards and
the Iowa City Fire Code. Any chang-
es to the working plans shall be
approved by a qualified person. A
qualified person shall have a mini-
mum National Institute for
Certification in Engineering
Technologies [NICET] Level III certi-
fication for Fire Alarm Systems OR
be a licensed engineer with experi-
ence in life safety system design:
Other qualifications may be
approved by the code official.
Section 903.1.2 Add a new section
to read as follows: Water supply
Safety margin. Automatic sprinkler
>ystems shall be designed with a
minimum of 10% or 5 psi safety
margin (whichever is greater) above
static pressure in the fire protection
system hydraulic calculations.
Section 903.2.1.2 Delete Section
903.2.1.2 and insert in lieu thereof
the following: Section 903.2.1.2
A. New Group A -2 Occupancies.
An automatic sprinkler system shall
be provided if one of the following
conditions exist:
1) The fire area exceeds 5,000
square feet;
2) The fire area has an occupant
load of 100 or more; or
3) The fire area is located on a
floor other than the level of exit
discharge.
B. Existing Group A -2 Occupancies
and Group B Occupancies that
existed prior to August 1, 2007. An
automatic sprinkler system shall be
provided throughout the A -2 occu-
pancy if one of the following condi-
tions exists:
1) The A -2 occupancy has an
occupant load of 299 or more
and has an ABDL.
Exemption: Single business
occupancies in single story non -
abutting buildings; or
2) The A -2 occupancy has an
occupant load of 50 -298 and is
located on a floor other than the
level of exit discharge and has an
ABDL; or
3) Group B Occupancies located
on a floor other than the level of
exit discharge and which have an
ABDL; or
4) Group A -2 Occupancies with
occupant load of 100 or more
that have an ABDL and are not
regulated in B1 or B2 above,
provided:
There is a change in business
ownership, defined as the sale,
transfer, or assignment of any
legal or equitable ownership
interest, except that the owner
may show to the building offi-
cial's satisfaction that said
change in ownership is one of
form and not substance.
Section 903.2.1.6 Add a new
Section to read as follows: An auto-
matic sprinkler system shall be pro-
vided throughout buildings and por-
tions thereof used as new Group B
occupancies with an ABDL or exist-
ing group B occupancy with a new
(not a renewal) ABDL located on a
floor other than the level of exit dis-
charge. The automatic sprinkler
system shall be provided through-
out the floor area where the new
Group B occupancy with an ABDL
or where the group B occupancy
with a new ABDL is located and in
all floors between the Group B
occupancy and the level of exit dis-
charge.
Section 903.2.2 Delete the section
and replace with: Ambulatory care
facilities. An automatic sprinkler
system shall be installed throughout
all fire areas containing an ambula-
tory care facility and all floors
between the ambulatory care facility
and the level of exit discharge serv-
ing such a facility.
Section 903.4.2 Delete'the section
and replace with: Alarms. An
approved weatherproof horn /strobe
device shall be mounted directly
above the fire department connec-
tion between seven (7) and ten (10)
feet in height above grade. The
water -flow alarm device shall be
activated by water flow equivalent
to the flow of a sbgle sprinkler of
the smallest orifice size installed in
the system. Approved and super-
vised audible visual notification
appliances shall be installed on
each level of the interior of the build-
ing as required by the fire code offi-
cial and NFPA 72.
R
L4�k_C*41z_
Section 903.7 Add a new section
to read as follows: Zones. Automatic
sprinkler system zones shall not
exceed the area permitted by NFPA
13 or NFPA 13R and shall provide a
sprinkler control valve and water -
flow device for each normally occu-
pied floor. The location of sprinkler
control valves must be approved by
the fire code official.
Section 906.1 Delete the-exception
without substitution.
Section 906.3 Add a sentence to
the end of the section to read as
follows: The minimum rating of any
required portable fire extinguisher
for Class A, Class B, or Class C
hazard shall be 2 -A, 10 -B C.
Section 907.1.4 Add a new section
to read as follows: Fire alarm control
panels and Fire alarm annunciator
panels. Installation of fire alarm con-
trol panels and fire alarm annuncia-
tor panels shall be installed in
accordance with section 907.1.4.1
through 907.1.4.5.
Section 907.1.4.1 Add a new sec-
tion to read as follows: Fire Alarm
Panel Height: Installation of fire
alarm panels shall not exceed 6 feet
in height measured from the floor to
the top of the panel. Exception:
Panel height may be altered by the
code official.
Section 907.1.4.2 Add a new sec-
tion to read as follows: Number of
Fire Alarm Control Panels in
Buildings: Only one listed fire alarm
control panel shall be allowed per
building and shall lock in the alarm
until the system is reset and shall
not be canceled by the operation of
an audible - alarm silencing switch.
This control panel shall only receive
alarm signals from fire protection
equipment.
Section 907.1.4.3 Add a new sec-
tion to read as follows: Combination
Fire /Security Alarm System Panels.
A listed combination fire /security
alarm system panel that meets all
the requirements of this code and
amendments may be permitted by
approval of the fire code official. The
fire /security panel shall be capable
of providing a signal that can differ-
entiate between the fire and security
alarm.
Section 907.1.4.4 Add a new sec-
tion to read as follows: Password/
PIN Protection, Prohibited: Fire
alarm, control panels and /or fire
alarm annunciator panels that
require a password /PIN to silence
an alarm /supervisory/trouble signal
and /or to reset an alarm /superviso-
ry/trouble signal shall be prohibited.
Section 907.1.4.5 Add a new sec-
tion to read as follows: Fire Alarm
Annunciator Panels: The fire code
official can require the addition of
fire alarm annunciator panels based
on the size of building and access to
the building. These panels shall
meet the requirements of Sections
907.1.4 and 907.2.
Section 907.2 Delete the section
and replace with: Where required —
new buildings and structures. An
approved and addressable fire
alarm system installed in accor-
dance with the provisions of this
code and NFPA 72 shall be provided
in new buildings and structures in
accordance with Sections 907.2.1
through 907.2.23 and provide occu-
pant notification in accordance with
907.5, unless other requirements
are provided by another section of
this code.
Qom,. \? - -4So%
A minimum of one manual fire
alarm box shall be provided in an
approved location to initiate a fire
alarm signal for fire alarm systems
employing automatic fire detectors
or water -flow detection devices.
Where other sections of this code
allow elimination of fire alarm boxes
due to sprinklers, a single fire alarm
box shall be installed.
EXCEPTION:
1. The manual fire alarm box is not
required for fire alarm systems dedi-
cated to elevator recall control and
supervisory service.
Section 907.2.1 Delete the excep-
tion in Section 907.2.1 in its entirety
and insert in lieu thereof the follow-
ing exceptions:
EXCEPTION:
1) Except for Group A -2 occu-
pancies with occupant loads
of 200 or more, manual fire
alarm boxes are not required
where the building is equipped
throughout with an automatic
sprinkler system and the
alarm notification appliances
will activate upon sprinkler
water flow.
2) Group A -2. An automatic /man-
ual fire alarm system shall be
installed in Group A -2 occu-
pancies with occupant loads
of 200 or more. Activation of
the fire alarm shall additionally
cause:
a. Illumination of the protected
premises to not less than
10 foot - candles over the
area of the room at a height
of 30 inches above the
floor; and
b. All conflicting or confusing
sounds and visual distrac-
tion to automatically stop.
Section 907.2.3 Modify by adding
a sentence to the end of the first
paragraph as follows:
New and existing educational
occupancies shall have a monitored
fire alarm system.
Section 907.2.3 Modify by adding
a 4th exception as follows:
4. Day care occupancies classified
as Group E Occupancy shall not
require a monitored fire alarm sys-
tem unless required elsewhere in
the code.
Section 907.2.9.1 Delete exception
2 without substitution.
Section 907.2.11.2 Modify by add-
ing a fourth location requirement as
follows:
4) Supervised smoke alarms shall
be installed in all common corridors
and at the top and bottom of all
stairway enclosures in Groups R -2,
R -4 and 1 -1 occupancies. In corri-
dors, detectors shall be located
within fifteen (15) feet of the end of
the corridor and in such a way that
one detector is located for each
thirty (30) feet of corridor length or
spaced as allowed by the code.
Section 907.2.13.2 Delete the sec-
tion without substitution.
Section 907.4.2 Add a sentence to
the end of the section to read as
follows: Where in the opinion of the
code official manual fire alarm
boxes may be used to cause false
fire alarms, the code official is
authorized to modify the require-
ments for manual fire alarm boxes.
Section 907.6.3 Modify by deleting
the exception and inserting in lieu
thereof: Exception: Automatic sprin-
kler system zones shall not exceed
the area permitted by NFPA 13 and
shall provide a sprinkler control
valve and waterflow device for each
normally occupied floor.
Section 907.6.3.3 Add a section to
read as follows: Zone and address
location labeling. Fire alarm and /or
annunciator panels shall have all
zones and address points plainly
and permanently labeled as to their
location on the outside of the panel
or on an easily readable map of the
building.
Section 907.6.5 Add to the end of
the section as follows: Each address
point identification shall have an
alpha/numeric descriptor location.
Alpha/numeric descriptor locations
are required to be reported to the
Emergency Communications Center
upon activation of alarm conditions
as specified by the fire code official.
Supervisory alarm conditions are
required to be reported to the fire
code official by an approved man-
ner.
Section 910.1 Delete exception 2
without substitution.
Section 910.3.2.2 Delete section
and replace with: Sprinklered build-
ings. Where installed in buildings
provided with an approved auto-
matic sprinkler system, smoke and
heat vents shall be designed to
operate automatically by actuation
of a heat - responsive device rated at
least 100 degrees F (38 degrees C)
above the operating temperature of
the sprinkler.
Exception: Gravity- operated drop-
out vents complying with Section
910.3.2.1.
Section 910.4.3 Delete section and
replace with: Operation. Mechanical
smoke exhaust fans shall be auto-
matically activated by heat detec-
tors having operating characteris-
tics equivalent to those described in
Section 910.3.2. Individual manual
controls for each fan unit shall also
be provided.
Section 912.7 Add a section to
read as follows: Size. Minimum fire
department connection size shall be
2'/2" National Standard Thread.
Section 1028.2 Add the following
exception:
EXCEPTION: The main entrance/
exit of A -2 occupancies shall be of a
width that accommodates not less
than two - thirds of the total occu-
pant load.
Section 1029.1 Modify by deleting
exceptions 1 and 3.
Section 3206.7 Modify by deleting
footnote "J from TABLE 3206.2.
Section 5003.5 Add a sentence to
the end of the section to read as
follows: Signs shall also comply
with the requirements of the Iowa
Right to Know law.
Section 5601.1.3 Delete exception
4 and insert in lieu thereof: The pos-
session, storage, sale, handling and
use of gold star producing sparklers
on wires which contain no magne-
sium or chlorate or perchlorate, flit-
ter sparklers in paper tubes that do
not exceed one - eighth of an inch in
diameter, toy snakes which contain
no mercury or caps used in cap
pistols.
Section 5704.2.9 Add a sentence
to the end of the section to read as
follows: 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 sepa-
ration distance from a Residential
Zone boundary may be reduced to
no less than 50 feet.
Section 5704.2.11.2 Add a #4 to
the end of the section to read as
follows:
4) A minimum distance of ten (10)
feet shall be maintained between
underground tanks and any
Residential Zone boundary.
Section 5704.2.13.2.4 Add a sec-
tion to read as follows: Existing
above - ground tank hazards.
Existing above - ground tank installa-
tions, even if previously approved,
that are determined to constitute a
hazard by the fire code official, shall
not be continued in service. Unsafe
tanks shall be removed as required
by the fire code official and in accor-
dance with this code.
Section 5705.5.1 Add an exception
to read as follows:
6) Corridor installations, are prohib-
ited in Group -E occupancies.
3. Section 3. That the geographic
limits referred to in certain sections
of the 2012 International Fire Code
are hereby established as follows:
Section 5704.2.9.6.1. The storage
of Class I and Class II liquids in
above - ground tanks outside of
buildings is prohibited in the entire
-City of Iowa City, Iowa.
Exception: Zones 1 1&2, Cl 1 and/
or as approved by the Fire Chief.
Section 5706.2.4.4. The storage of
Class I and Class 11 liquids in above-
ground tanks is prohibited in the
entire City of Iowa City, Iowa.
Exception: Zones 1 1&2, CI 1 and/
or as approved by the Fire Chief.
Section 6104.2. The storage of liq-
uefied petroleum gas is prohibited in
the entire City of Iowa City, Iowa.
Exception: Zones 1 1&2, Cl 1 and/
or as approved by the Fire Chief.
SECTION II, REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 111. SEVERABILITY. If any
section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV, EFFECTIVE DATE,
This Ordinance shall be in full force
and effect January 1, 2013, after
final passage, approval and publica-
tion, as provided by law.
Passed and approved this 18th day
of December, 2012.
s/Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
ac- 6000015774 December 27, 2012
� r i
�tIII CCCCCV-h
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240 -1826
(3 19) 356 -5000
(319) 3S6 -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. 12 -4509 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 27, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
Julie . Voparil
Deputy City Clerk
�.. �-� — its• �
Printer's Fee $A101-11—
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
1,- SiyA -f 2-
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),
Legal Cl r
Subscribed and sworn to
be re met is �riay of
A.D. 20
Puhlir
LINDA KROTZ
Commission Number 732619
My commission Expires
January 27, 2 014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4509 along said south R.O.W. line to and all other taxing districts from
AN ORDINANCE PROVIDING where it meets the Crandic and after the effective date of this
THAT GENERAL PROPERTY Railroad; Thence south along Ordinance shall be divided as here-
TAXES LEVIED AND COLLECTED the Crandic Railroad to the inafter provided.
EACH YEAR ON ALL PROPERTY south R.O.W. line of Highway 6; Section 2. That portion of the
THIN THAT AREA Thence west along the south taxes which would be produced by
LOCATED WI
ADDED T THE CITY- R.O.W. line of Highway 6 to the the rate at which the tax is levied
UNIVERSITY PROJECT 1 URBAN eastern bank of the Iowa River; each year by or for each of the tax -
RENEWAL AREA PURSUANT TO Thence southerly following said ing districts upon the total sum of
AMENDMENT eastern bank of the river to a the assessed value of the taxable
THE TENTH AMEN CITY D IOWA point where the river bank property in the 2012 Amended
THERETO IN THE COUNTY CI JOHNSON, meets the extended southern Area, as shown on the assessment
CITY, CO , BY AND FOR line of Sturgis Ferry Park; roll as of January 1, 2011, pursuant
STATE O IOWA R
THE BENEFIT A THE STATE R Thence westerly to the SW cor- to Iowa Code Section 403.19(1)(b),
IOWA, CITY OF IOWA CITY, ner of Sturgis Ferry Park; Thence shall be allocated to and when col -
COUNTY OF JOHNSON, IOWA continuing westerly to the west lected be paid into the fund for the
CITY COMMUNITY SCHOOL R.O.W. line of Riverside Drive; respective taxing district as taxes
DISTRICT AND OTHER TAXING Thence northerly along said by or for the taxing district into
DISTRICTS, BE PAID TO A west R.O.W. line to the center- which all other property taxes are
SPECIAL FUND FOR PAYMENT line of Highway 6; Thence east- paid.
OF PRINCIPAL AND INTEREST erly along said centerline to the Section 3. That portion of the
ON LOANS, FkEBATES, GRANTS, western bank of the Iowa River; taxes each year in excess of the
MONIES. ADVANCED TO AND Thence following the western base period taxes determined as
INDEBTEDNESS, INCLUDING bank of the Iowa River to the provided in Section 2 of this
BONDS ISSUED OR TO BE centerline of Myrtle Street Ordinance shall be allocated to and
ISSUED, INCURRED BY SAID extended to the Iowa River; when collected be paid into a spe.
CITY IN CONNECTION WITH Thence west to the west R.O.W. cial tax increment fund of the City
THE CITY-UNIVERSITY PROJECT line of Riverside Drive /State of Iowa City, Iowa hereby estab-
1 URBAN RENEWAL PLAN. Highway 1; Thence northerly lished, to pay the principal of and
WHEREAS, the City Council of along said highway R.O.W. to interest on loans, grants, rebates,
the north R.O.W. line of monies advanced to, indebted -
the City of Iowa City, Iowa, after
public notice and hearing as pre- Burlington Street; Thence east ness, whether funded, refunded,
to the east bank of the Iowa assumed or otherwise, including
scribed by law and pursuant to River; Thence south to the south bonds or obligations issued under
Resolution No. 12 -459 passed and R.O.W. line of Court Street; the authority of Section 403.9 or
approved on the 23rd day of Thence easterly along the south 403.12 of the Code of Iowa, as
October, 2012, adopted R.O.W. line of Court Street to amended, incurred by the City of
Amendment #10 to the City- the west R.O.W. lime of Maiden Iowa City, Iowa, to finance or refi-
University Project 1 Urban Renewal Lane; Thence south along said nance, in whole or in part, urban
Plan (the "Urban Renewal Plan") for west R.O.W. line to Ralston renewal projects undertaken within
an urban renewal area known as Creek; Thence southwesterly the Urban Renewal Area, as
the City- University Project 1 Urban along the creek to the south amended, pursuant to the Urban
Renewal Area, (the "Urban R.O.W. line of Prentiss Street; Renewal Plan, as amended, except
Renewal Area"), which added the Thence east along said south that taxes for the payment of
area legally described follows: R.O.W. line to the west R.O.W. bonds and interest of each taxing
Beginning the NW W corner of line of Gilbert Street; Thence district shall be collected against all
Outlot 26, , Original Town south along said west R:O.W. taxable property within the Urban
Subdivision; Thence south line to a point where it meets the Renewal Area, as amended, with -
along the eastern R.O.W. line of extended centerline of Bowery out any limitation as hereinabove
Van Buren Street to where said Street; Thence easterly to a provided.
R.O.W. ends at a point along the point where the centerline of Section 4. Unless or until the
western boundary of Block 8, Bowery Street meets the total assessed valuation of the tax -
Lyon's 2nd Addition; Thence extended east R.O.W. line of able property in the 2012 Amended
northwesterly along R.O.W. line Gilbert Street; Thence north Area exceeds the total assessed
to a point on the north R.O.W. along said east R.O.W. line to value of the taxable property in the
line of the Iowa Interstate the northwest comer of Lot 1 2012 Amended Area as shown by
Railroad south of block 1, Lyon's --- the last equalized assessment roll
1 st Addition; Thence southwest- Lyman Cooks Subdivision of referred to in Section 2 of this
erly to the south R.O.W. line of Outlot 25; Thence east along the Ordinance, all of the taxes levied
the Iowa Interstate Railroad south R.O.W. line of Burlington and collected upon the taxable
north of block 3, Lyon's 1st Street to the point of beginning. property in the 2012 Amended
Addition; Thence southeasterly Also including Lots 5 and 6 iri Area shall be paid into the funds for
along the south Railroad R.O.W. Block 43, Original Town, and the the respective taxing districts as
to the eastern boundary of Van alley and full width of the taxes by or for said taxing districts
Buren Street south of the College Street right -of -way in the same manner as all other
Railroad; Thence along said adjacent thereto. property taxes.
eastern boundary of Van Buren WHEREAS, expenditures and Section 5. At such time as the
Street to the north right -of -way indebtedness are anticipated to be loans, advances, indebtedness,
line of Kirkwood Avenue; incurred by the City of Iowa City, bonds and interest thereon of the
Thence east to a point 11' west Iowa in the future to finance urban City of Iowa City, Iowa referred to in
of the extended NE corner of lot renewal project activities carried Section 3 hereof have been paid,
3, block 6, F.S. & E.W. Lucas out in furtherance of the objectives all monies thereafter received from
Addition; Continuing south to a of the Urban Renewal Plan; and taxes upon the taxable property in
point 126', more or less, south WHEREAS, the City Council of the 2012 Amended Area shall be
of the R.O.W. line of the E -W the City of Iowa City, Iowa desires paid into the funds for the respec-
alley west of Diana Street and to provide for the division of reve- tive taxing districts in the same
south of lots 1, 2, and 3, block 6, nue from taxation in that portion of manner as taxes on all other prop -
R.S. Lucas Addition; Thence the Urban Renewal Area added erty.
westerly to a point on the east pursuant to the Tenth Amendment, motion 6. All ordinances or
R.O.W. line of the N -S alley west as above described and hereafter parts of ordinances in conflict with
of lots 4 & 5, block 6, R.S. Lucas referred to as "2012 Amended the provisions of this Ordinance are
Addition; Crossing the alley to Area ", in accordance with the pro- hereby repealed. The provisions of
the west R.O.W. line of said visions of Section 403.19 of the this Ordinance are intended and
alley, continue south 7.5', more Code of Iowa, as amended. shall be construed so as to fully
or less, to the NE corner of lot NOW, THEREFORE, BE IT- implement the provisions of
30, Highland Park Addition; ORDAINED BY THE CITY Section 403.19 of the Code of
Thence westerly to the NW cor- COUNCIL OF THE CITY OF IOWA Iowa, as amended, with respect to
ner of lot 31, Highland Park CITY, IOWA:
Addition; Thence southerly to the division of taxes from property
the SW corner of said Lot 31; lion l • That the taxes levied within the 2012 Amended Area as
Crossing corner of said to the NE on the taxable property in the 2012 described above. In the event that
corner of Lot a Highland Park Amended Area legally described in any provision of this Ordinance
Addition; Thence southerly to the preamble hereof, by and for the
the SE corner c Lot 9 Highland benefit of the State of Iowa, City of
Park Addition; Crossing Iowa City, County of Johnson, Iowa
Highland Ave. to the south City Community School District,
R.O.W. line; Thence westerly
Lts-T.) q �
shall be determined to be contrary
to law, it shall not affect other pro-
visions or application of the
Ordinance which shall at all times
be construed to fully invoke the
provision of Section 403.19 of the
Code of Iowa with reference to the
2012 Amended Area and the terri-
tory contained therein.
Section 7. This Ordinance shall
be in effect after its final passage,
approval and publication as pro-
vided by law.
Passed and approved this 18th day
of December, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC.6000015M December 27, 2012
I r i
=ZZ" -4�
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. 12 -4510 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 27, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
Ju i K. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
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):
Legal l� rk
Subscribed and sworn to
bef re me this _�Ylay of
A.D. 20_•
oe
NotagPublic _
LINDA KROTZ
,i &c
>$ `'� Commission Number,73261
( CpmmISSjOn Ejcplri
ow► January 27 2014
S c V iz-, S
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4510
ORDINANCE AMENDING TITLE
5, ENTITLED "BUSINESS AND
LICENSE REGULATIONS,"
CHAPTER 1, ENTITLED
"GENERAL LICENSING
PROVISIONS" AND CHAPTER 2,
ENTITLED "TAXICABS" TO
REQUIRE LOCATION OF A
DISPATCH OFFICE TO BE IN
IOWA CITY OR CORALVILLE
AND ALLOW FLEXIBILITY FOR
DISPATCHING FROM THE
OFFICE; RESTRICT NEW
COMPANIES TO STARTING
JUNE 1 OF EACH YEAR; CLARIFY
LANGUAGE REGARDING
VEHICLE LETTERING, AND
REQUIRE DRIVER
IDENTIFICATION TO BE POSTED
AN THE VEHICLE FACING THE
PASSENGERS. ,
WHEREAS, City Code section 5 -1
establishes application, issuance
and revocation provisions, and 5 -2
establishes regulations for taxicabs
and drivers; and
WHEREAS, taxi companies have
approached the City for changes to
improve the appearance and safety
of the taxicabs and to provide
licenses be issued only once per
year;
WHEREAS, the City Council wish-
es to improve and clarify proce-
dures for operating a taxicab busi-
ness within the City of Iowa City;
WHEREAS, it is in the best inter-
est of the City to adopt new regula-
tions for "taxicabs ".
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION 1. AMENDMENTS.
Title 5, entitled "Business and
License Regulations," Chapter 2,
entitled "Taxicabs" is hereby
amended by deleting the following
subsections in their entirety and
adding new subsections as fol-
lows:
5 -2 -2: TAXICAB BUSINESS
LICENSE; VEHICLE DECALS
A. APPLICATION: Each applicant
for a taxicab business license shall
file an application with the City
Clerk by May 1. on forms provided
by the City, which shall be verified
and shall furnish the following infor-
mation:
1. The name and address of
each person with an ownership
interest in the company wishing
to operate a taxicab business.
2. The experience of the appli-
cant in the transportation of
passengers.
3'. The record of convictions of
misdemeanors and /or felonies,
including moving and nonmov-
ing traffic violations, and certi-
fied state of Iowa criminal histo-
ry and certified state of Iowa
driver's record for each person
identified in subsection Al of
this section.
4. The signature of all persons
with an ownership interest in the
business.
5. Such pertinent information as
the City may require.
B. Minimum Qualifications: Each
taxicab business shall meet the fol-
lowing minimum requirements:
1. Except for pedicabs, horse -
drawn vehicles, and airport shut-
tles, provide a taxicab service to
the public twenty -four (24) hours a
day, seven (7) days a week, and
have a business office located in
Iowa City or Coralville city limits.
No dispatching shall be done from
a vehicle. All dispatching shall be
done from the office except
between the hours of midnight and
6:00 a.m. The telephone number
listed on the application must be
answered twenty -four (24) hours a
day, seven (7) days a week.
2. Except for pedicabs, horse -
drawn vehicles, and airport shut-
tles, provide a minimum of four (4)
qualified licensed taxicab vehicles
of which a minimum of one vehicle
shall be in operation at all times. All
taxicabs must comply with the
vehicle requirements of this chap-
ter.
3. Provide a certificate of liability
insurance in accordance with this
chapter.
4. Meet all applicable zoning
ordinance regulations and all other
city regulations.
5. Except for pedicabs and
horsedrawn vehicles, maintain
manifest logs and provide manifest
logs to the city upon request.
6. Each taxicab must promi-
nently display the passenger feed-
back form provided by the City,
and return any completed cards to
the city clerk.
5 -2 -3: LIABILITY INSURANCE
REQUIREMENTS.
A. Requirements:
1. As a condition to receiving a
taxicab business license or a
vehicle decal, the applicant shall
file with the city clerk evidence
of liability insurance coverage
via a certificate of insurance
which shall be executed by a
company authorized to do insur-
ance business in this state and
be acceptable to the city. The
taxicab business must file with
the city clerk one certificate of
insurance listing all vehicles.
2. The taxicab business shall
insure each driver.
3. The minimum limits of the
taxicab business policy and the
individual driver's policy shall be
determined by city council reso-
lution.
4. The cancellation or other ter-
mination of any insurance policy
or certificate shall automatically
revoke and terminate the licens-
es issued for the taxicab busi-
ness and the vehicles covered
by such insurance policy, unless
another policy, complying with
this chapter, shall be provided
and in effect at the time of such
cancellation or termination. The
city clerk shall immediately issue
written notification of the revo-
cation of all licenses for the
taxicab business and the vehi-
cles covered by such insurance
which is canceled or terminated.
All decals must be returned to
the city clerk. Subsequent issu-
ance of business licenses and
decals will be in accordance
with the terms of this Chapter
and of the applicant's expense.
5. The cancellation or other
termination of any insurance
coverage for any single vehicle
shall require the decal to be
returned to the city clerk and a
re- inspection of that vehicle will
be required prior to the issuance
of another decal and use of the
vehicle as a taxicab. The city
clerk shall immediately issue
written notification of the vehicle
cancellation to the taxicab busi-
ness.
5-2 -6: DRIVER REQUIREMENTS:
D. Each driver, while operating a
taxicab in the city, shall prominently
display an identification card pro-
vided by the taxicab business
showing the full name of the driver
and the taxicab business. The card
must be prominently displayed and
visible to all passenger seats, and
be at least eight and one -half inch-
es (8 1/2) in width and five and one -
half inches (5 1/2 ) in height.
5 -2 -8: VEHICLE REQUIREMENTS:
A. Lettering Required: Each taxi-
cab shall have the name of the
taxicab business on each side of
the vehicle in letters at least two
inches (2 ") in height. Pedicabs and
horse drawn vehicles may use let-
tering smaller than two inches (2 ").
Removable signs shall not be
allowed. If a phone number is pro-
vided the number shall be the same
number that appears on the taxi-
cab business application and rate
card.
B. Lighted Dome: Every motorized
taxicab shall have a lighted dome
attached permanently to the exte-
rior roof of the vehicle with lettering
that identifies the vehicle as a taxi-
cab visible from the front and back
of the vehicle. The lighted dome
shall be a minimum size of twelve
inches by one inch by three inches
(12" x 1 " x 3 "). In the event the city
equipment superintendent or des-
ignee determines that the perma-
nent attachment of a dome to the
exterior roof is not possible, the city
equipment superintendent or des-
ignee may approve an alternative
placement. If a phone number is
provided the number shall be the
same number that appears on the
taxicab business application and
rate card. Airport shuttles are
exempt from the lighted dome
requirements.
5 -2 -10: TERMS OF DECALS AND
AUTHORIZATION; RENEWALS:
A. Taxicab business licenses shall
be valid for one year. All business
licenses shall commence on June 1
of each year, and shall expire on
May 31. No business licenses will
be issued unless an application is
filed by May 1, except for pedicabs
and horsedrawn vehicles. A
license that will expire on February
28, 2013 shall be extended to May
31, 2013.
B. Driver authorization shall be
valid for a period of one year from
` date of issuance or the remaining
period of chauffeur's license if
under one year.
C. Decals shall be valid for one
year. They shall commence on
June 1 or the date of issuance and
shall expire on May 31. A decal that
will expire on February 28, 2013
shall be extended to May 31, 2013.
D. Renewals shall follow the same
procedure as set for initial issu-
ance.
E. Fees for licenses and decals
shall be set by resolution of the City
Council.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IVV, EFFECTIVE DATE.
With the exception of 5 -2 -10 which
is effective upon publication, this
Ordinance shall be in effect May 1,
2013.
Passed and approved this 18th
day of December, 2012.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
ac-soo 151 0 December 27, 2012
It CITY OF IOWA CITY
MEMORANDUM
Date:
February 4, 2013
To:
File
From:
Marian K. Karr, City Clerk
Re:
Scrivener error
The underlined portion of 5 -2 -10B was deleted from a previous ordinance and appeared
mistakenly in ordinance 12 -4510 again. Per Asst. City Atty. Dulek it was viewed as a scrivener
error and codified correctly.
5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS:
B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining
period of chauffeur's license if under one year.
=� -4
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(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. 12 -4511 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
December, 2012, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 27, 2012.
Dated at Iowa City, Iowa, this 10th day of January 2013.
J
J * K. Voparil
Deputy City Clerk
Printer's Fee $33' A)5—
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, ROb 9
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):
IDp_GG_MB 1'1� 1d1
Legal rk
Subscribed and sworn to
bef a me t is � day of
A.D. 20-J,1_.
Notary Public
E* `LINDA
KROTZ
Commission Number 732619
My commission Expires
January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 12 -4511
ORDINANCE AMENDING TITLE
8, ENTITLED "POLICE
REGULATIONS," CHAPTER 4,
ENTITLED "ANIMAL CONTROL,"
TO ESTABLISH A PERMIT
PROCESS FOR URBAN
CHICKENS.
WHEREAS, citizens have
requested that the City Code be
amended to allow them to keep
chickens to produce eggs for per-
sonal, not commerpial, use; and ,
WHEREAS, it is in the best inter-
est of the City to establish a permit
process for urban chickens.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
Title 8, entitled "Police
Regulations," Chapter 4, entitled
"Animal Control," Section 12, enti-
tled "Permit Required," is hereby
amended by adding the following
new Subsection F, entitled "Urban
Chicken Permits" as follows:
1. No person shall raise, harbor
or keep chickens without an urban
chicken permit, or other permit,
issued by the City.
2. Chicken means a member of
the subspecies of gallus gallus
domesticus, a domesticated chick-
en.
3. In order to obtain an urban
chicken permit, an applicant must
submit a completed application on
a form provided by the City accom-
panied by the permit fee.
4. Within 30 days of submission
of the application, the Police Chief,
or designee, shall issue the urban
chicken permit if the applicant
meets the requirements of this pro-
vision and the policy adopted by
City Council resolution or deny the
application. If the application is
denied, Police Chief, or designee,
shall state the reasons in writing.
5. The urban chicken permit
shall be valid for three years and
may not be sold, transferred or
assigned.
6. The Police Chief, or designee,
may revoke an urban chicken per-
mit as provided in the policy adopt-
ed by Council resolution.
7. Appeals of the decision to
deny or revoke an urban chicken
permit are to City Manager, or des-
ignee, and must be filed within ten
(10) days of the decision.
8. Subsections A -E of Section
8 -4 -12 and Section 8 -4 -13 do not
apply to this subsection.
9. Additional requirements,
including permit fees, shall be
adopted by resolution.
10. Violation of this subsection
or the terms of the urban chicken
permit is punishable by a municipal
infraction with a civil penalty of
$100 for first violation, $250 for
second violation, and $500 for third
and subsequent violations.
SECTION II, REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
sECTION III SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
sEcTION IV EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 18th
day of December, 2012.
s/Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City
Clerk
PC- 60000157N December 27, 2012