Loading...
HomeMy WebLinkAboutOrdinances~ r ~~..®~,~ 3R ~ ~ Qii i~~ C[TY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1824 (319] 35b-5000 (319} 356-5009 FAX wwwJcgov.org STATE OF IOWA } }SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do lie~eby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 08-4297 which was passed by the City Cou_ ncil oil Iowa City, Iowa, at a Council meeting held on the ~5tli day of February, 200$, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 13, 2008. Dated at Iowa City, Iowa, this 10th day of March, 2008. ~~v Julie oparil 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 l-. c~ 1 ~ L ~ e 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 dates}: ~~ Legal Clerk Subscribed and sworn to before me this /.~~' day of A.D. 20~~. Notary Public ~~ T OFFICIAL PUBLICATION ORDINANCE NO. 08-4297 ( ORDINANCE AMENDING TITLE 7, I ENTITLED "FIRE PREVENTION AND PROTECTION," CHAPTER 3, ENTI- TLED "FALSE FIRE ALARMS," TO PRO- VIDE THAT FEES FOR FALSE ALARMS BESET BY RESOLUTION, TO CLARIFY ,WHEN A FALSE ALARM FEE IS ASSESSED, TO ELIMINATE THE REOUIREMENT TO SUBMIT CERTAIN INFORMATION, AND TO AMEND DEFT- NITIONS. WHEREAS, section 7-3 of the City Code presently provides for false alarm fees; WHEREAS, the current fees do not 'reflect the actual administrative costs incurred by the Fire Department far false 'alarms; , WHEREAS, it is preferable to set fees by 'resolution rather than by ordinance; WHEREAS, seMion 7-3 is presently complex and diBicult to enforce and includes a dual false alarm schedule; and j 1NHEAEAS, i! is in the best interest of r rvuYY, r rrtrttrurrt, tlt I I UFlUA1NtU BY THE CITY COUNCIL OF THE CITY I SECTION L AMENDMENTS 1. Title 7, entitled "Fire Prevention and Protection,' Chapter 3, entitled "False i iFire Alarms," Section 3, ent'stied, "Definitions," is amended by deleting the ~ definitions o1 "Alarm Servicer,"" "Alarm - ! System," and "Automatic Fire Alarm,' and adding the following new Definitions: Designated Employee: Parson empow= area by the owner or alarm user to ~ respond on their 6ehalt. ~ False Fire Alarm; The activation of a fire alarm system not by fire or hazard, but lion, or the negligence of the owner or ,lessee of an alarm system or of his or her employees or agents, False fire alarm does net include alarm failures caused by water, gas, electrical, telephone or other utilities not under the control of the alarm user, or the willful aq of a person other ~ than the alarm owner or his or her employees or agents. 2. Title 7, entitled "Fire Prevention and Protection," Chapter 3, entitled "False Fire Alarms," Section 4, entitled, "False ' Fire Alarms Prohibited," is amended by ;deleting section 4 and adding the follow- ing new Section 4 in lieu thereof: A. No person shall maintain a fire alarm rsysiem that produces a false alarm to which fire department personnel are B. Within thirty {3D) minutes of the fire rdepartment's response to a location due to a false fire alarm, an owner shall per-' sonally report to the place of business or' residence to reset the alarm. However, ~an owner is not required w personally report if the alarm user, a designated employee, a service provider, andlor the owner's agent repoRs within thirty (30) minutes of the fire department's response jto a location. ' C. A violation of this section will subject the person to an assessment of fees as provided in this chapter andlor to the penalty provisions contained in section 7- 3-t3' of this chapter. t 3. Title 7, entitled "Fire Prevention and 'Protection," Chapter 3, entitled "False (Fire Alarms," 5ecfion 5, entitled, 1 "Required Information," Is amended by {deleting Section 5 and adding the follvw- rng new Section 5, entitled "Fee Schedule' in lieu thereof: A. False Alarm and Failure to Report Fees shall be set by resolution. All fees ashall be paid within thirty (3D) of data that the fee is assessed. • r B: AS an alternative Eo the imposition ~of tees far false alarms based upon tech- nical failure, equipment malfunction, or rmproper installation, iha Fue Chief or designated repre etive`may waive such fees-' a owner returns to the Fire Chief or deslgnated representative e by the enforcement officer. In addition, the Fire Chief or designated representa- or designated representative, will of such 1 - -.. ., or If wise alarms oases an tecstnical failure, equipment malfunction, ar improper installation may be held in abeyance for up to ninety (9D; calendar days to allow for the installation and upgrade of the fire . alarm system. Notice of approval or dis- and served on the owner andlor user by , regular mail. Failure of the alarm system ;owner andlor user to complete such upgrades within the specified ninety (90} ; 'calendar days may result in the impost- ' lion of the specified false fire alarm fee as provided herein. 4. Title 7, entitled "Fire Prevention and Protection " Chapter 3, entitled "False Fire Alarms," Section &, en[rtled, "Unintentional False Fire Alarm Fees" is .amended by deleting Section 6 in its 'entirety. 5. Title 7, entitled "Fire Prevention and ~ Protection," Chapter 3, entitled "False I Fire Alarms," Section 7, entitled, "Notice of False Fire Alarm," Subsection B is amended by deleting it and adding the following new Subsection B ih lieu there- The notice shall provide that all fees shall be paid within thirty (3D) days of the data; of the notice. 6. Title ~, enfitlad "Fire Prevention and (Protection," Chapter 3, entitled "False {Fire Alarms,' Section e, entitled, Penalties," is amended by deleting Section 8 and adding the following new Section 8 in lieu thereof: Any violation of this chapter shall be Corr sidered a simple misdemeanor or munic- ipal inlradion punishable by a penalty as }provided for in subsection 1-q-2D of this 'Code. SECTION II. REPEALER. All ordinances' ,and parts of ordinances in conflict with (the provision of this Ordinance are here- by repealed. ` SECTION lll. SEVERABILITY If any sec-~ lion, provi-sion or part of the Ordinance I shall be adjudged to be irnalid or uncon- 'stiMfonal, such adjudication shall not affect the validity of the Ordinance as a' wftole or any section, provision ar part' !thereof not adjudged invalid or unconsti-• ~tutional. I SECTION N. EFFECTIVE DATE. This (Ordinance shall be in effect after Rs final' ,passage, approval and publicalion, asp provided by law. Passed and approved this 5th day_rl'f February, 2008. ' slRegenia D. Bailey, Mayor slMarian IC. Kan, City Clerk 55fi11 February 13, 2008 1 ~ r 1 ~~~~~ '~l.Y~_ CITY 01= IOwA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 [3(9} 356-5000 (3[9} 356-5009 FAX wwwacgov.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. 08~-4298 which was passed by the City Council of Iowa City, lows, at a Council meeting held on the 4th day of March, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 12, 200$. Dated at Iowa City, Iowa, this 4th day of April, 2008. b ~~~ Julie aril Deputy City Clerk P~ ~ "~ 3 Printer's Fee $_ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-033(}674 I, f- l- 'f v h being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy o#' which is hereto attached, was published in said paper ` times}, on the fallowing date{s): ,r ~ ~ ~ ~~ Legal Clerk Subscribed and sworn to before me this_ l ~:~'~ day of A.D. 20~~. y Public LINDA l ~~~ ~~ a~~~ ~- i OFFICIAL PUBLIGATiO .OFFICIAL PUBLICATION ~' ~ORDlNANCE NO.08-4298 500a12'31'E abng said East Ilne, 616.07 AN ORDINANCE CONDITIONALLY feet; Thence N47o50'48'W, 728.53 (eet; REZONfNG APPROXIMATELY 4,40 Thence Ni8o0T42"E, 103.49 feet; ACRES OP LAND AT 2815 RDHRET IROAD FROM LOW-DENSITY SfNGLE- ' Thence N87o53'54"E, 200.08 feet;' Thence N77o08'39"E, 88.45 feet;Thence FAMILY RESIDENTIAL (RS-5) TO GOM- N89o42'S4"E, 220.21 feet, to said Point MERCIAL OFFICE (CO-1 ). (REZ07- of Beginning. Said Tract of Land contains 00016) 4.40 acres and is subject to easements I WHEREAS, the applicant, Hodge and restrictions of record. Construction, has requested a rezoning of properties located at 2815 Rohret .The build- t ffi i l i ~ rig o c a s hereby authorized and Road from Low-Density Single-Family directed to change the zoning map of the Residential {AS-5) to Commercial Office (CO-iJ and ~ City of Iowa Ciry, Iowa, to conform to this i d ; WHEREAS, the Planning and Zoning amen ment upon the final passage, "approval and publication of the ordinance Commission has reviewed the proposed as approved by law. rezoning and determined that it complies I ' $ECTfON III. CONDITIONAI.ZONINC w sth the Comprehensive Plan; aril A~ak3EEMEdI. The mayor is hereby ' WHEREAS, the Comprehensive Plan auttrorized and d'uected iQ sign, and the indicates that this parcel is appropriate City Clerk attest, the CondRional Zoning for uses consistent with the CO-1 zone; Agreement between the property owner and and the City, following passage and I WHEREAS, Iowa Code &414.5 f21NJ51 aooroval of chic Orrtinanra._ ,impose reasonaoie commons on grantr n9 an applicant's rezoning request, over sand above existing regulations, in order to satisfy public needs caused by the requested change, and WHEREAS, the Planning and Zoning Commission has recommended that conditions be placed on the develop- ment of this property tb ensure that it is compatible with the adjacent residential neighborhood; and ' WHEREAS, this' applicant has agreed 'that the property shall be developed in accordance with the terms and conditions I~UHDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same In ' the Office of file County Recorder, 3 Johnson County, Iowa, at the Owner's •expense, upon the finaf~ passage, approval and publication of this ordi-; Hance, as provided by law. ~ SECTION V. REPE¢LER. All ordi- nances and parts of ordinances in conflict; with the provisions of this Ordinance are i hereby repealed. SECTION VI. SE~RABILITY. If any section, provision or part of the attacnea Hereto ro ensure appropriate development in this area of the city; and WHEAEAS, the Planning and Zoning I Commission has recommended approval ofthe_proposed rezaning;and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The property described below is hereby reclassified from its current zoning classification of Low-Density Single-Family Residential (RS-5} to Commercial Office (CO-i) is hereby approved: A portion of the Southeast One-Quarter of Ehe Southwest One-Quarter of Section t8, Township 79 North, Range fi West, of the Fifth Principal Meridian, Iowa Ciry, Johnson County, lows, more. particularly described as follows: Commencing at the Northeast comer of the Southeast One-Quarter of the Southwest One-Quarter of Section 18, ~ Township 79 North, Range 6 West, of the ' Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence SOpo12'31 "E, along the East line of said , Southeast One-0uarter of the Southwest One-0uarler, 39.41 feet, to the Point of Beginning; Thence continulhg or uncvnstltutional, such adjudication-1 shall not affect the validity of the k Ordinance as a whole or any section, pro- l vision or part thereof not adjudged invalid or unconstitutional. S;:CTION VII. EFFECTIVE DATE. This Ordinance shaft be in effect after its final passage, approval ,and publication, as provided by law. Passed and approved this 4th day of March, 2008. slRegenia p, Bailey, Mayor Attest: slMarian K. Karr, ~ City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT i5 made by and ~ between the City of Iowa City, Iowa, a ' Municipal Corporation (hereinafter "City"), and Hodge Construction (her~- inatter "Owner"}. WHEREAS, the Owner is legal five hold- er df approximately 4,40 acres of proper- ty located south of Rohret Road, and east of Highway 21 B; and WHEREAS, the Owner has applied to rezone the property from Low-Density Singlo-Family Residential (RS-5) to Commercial Office (CO-1); and WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning subject to oonditions related to ensuring that the property develops in a manner chat is compatible p °a °~3 ~- ~~ off- ~~`~~ aQ~s ~~~ OFFICIAL PUBLICATION ~ + with bath the nearby residential neighbar- hoads and adjacent highway; and WHEREAS, Iowa Code Section 414.5 1 (2005) provides that the City of Iowa City may impose reasonable conditions en ,~ granting a rezoning request, over and '. above existing regulations, .in order to satisfy public needs that are directly f ' caused by the requested change in zon- , ing; and I '. WHEREAS, the Owner acknowledges that certain conditions and reslrictlvns ~ are reasonable to ensure that the proper- ty develops in a manner that is campati- I bfe with both the' nearby residential ~ f neightwrhoods and adjacent highway; ~ I and WHEREAS, the Owner agrees to use this property in accordance with the terms ' and conditions of a Conditional Zoning ~ Agreement. 1 NOW, THEREFORE, in consideration of the mutual promises contained herein, ' the Parties agree as follows: 1. Hodge Construction is the owner and j legal bile holder of the property legally described as follows: I LEGAL DESCRIPTION A portion of the Southeast One-Quarter t of the Southwest One-Quarter of Section 18, Township 79 North, Range 8 West, of the Fifth Principal Meridian, Iowa City, ` Johnson Counry, Iowa, more particularly { described as follows: Commencing at the Northeast comer of the Southeast One-Quarter of the ! Southwest One-Quarter of Section 18, Township 79 North, Range 6 West, at the Fifth Principal Meridian, Iowa City, I Johnson County, Iowa; Thence I I SOOv12'31"E, along the East line t)f said + Southeast One-Quarter of tho Southwest . One-Quarter, 39.41 feet, to the Point of Beginning; Thence continuing 500ot2'31'E along said East line, 61fi.07 feet; Thence N47o50'48"W, 729.53 feet; t Thence N18o0T42'E, 103.49 feet; Thence N87o53'54"E, 20D.08 feet; Thence N77o08'39'E, 88.45 feet; Thence N89o42'S4"E, 220.21 feet, to said Point of Beginning. Said Tract of Land contains 4.4D acres and is subject to easements and restrictions of record. 2. The Parties acknowledge that Iowa , Cede Section 4i 4-5 (20051 erovides that FFICIAL P BLICATION riot sound levels like masonry, finer cement siding, and laminated windows as well as a design that minimizes window, door, and vent openings that are exposed to Highway 218, shall be. used if residen- tial uses are developed on this property. c. There shat! be a minimum fifty (50} foot front setback along Robret Road. ' d. Parking areas shall be located behind • the front plane of the building, except for ~ a passenger drop-off/pick-up area and a maximum of eight parking spaces. e. Parking areas shall not be located between the east property line and any ' building on this property. f. Development on this property shall be in general conformance wish the concept I site plan attached hereto and incorporat- ed herein. Any significant changes from the concept site plan shall require review and approval of the Planning & Zoning Commission. 4. The Owner and City acknowledge that the conditions contained herein are rea- sonable conditions to impose on the fend under Iowa Code Section 414.5 (2005), and that said conditions satisfy public I needs which are directly caused by the ~ requested zoning change. 5. The Owner and City acknowledge that i in the event the subject property is trans- ~ (erred, 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 tulE force and eHect.as a covenant running with the title to the land, unless or until released of record by the City, The Parties farther acknowledge that this Agreement shall inure to the ben- 7. in iecuiuny inyuem, wnr anu aLwvtl use I existing regulations, in order to satisfy ; public needs directly caused by the , requested change. 4 3. In consideration of the City's rezoning ; the subject property, the Owner agrees that development of the subject property wilbconform to all other requirements of ' the Zoning Chapter, as well es the follow- ing conditions: a. Existing healthy trees within a distance of 80 feet of the Highway 218 right-pt-way shall be preserved. b. Sound abating construction techniques i such a5 use of materials that reduce inte- Johnson County Recrorder's Office j applicant's expense. , Dated this 4th day of March, 2008. ; OWNER f' HODGE CONSTRUCTfON I s/Mlchael Hodge President } ! CITY OF IOWA C1TY, IOWA BY slRegenia D: Bailey Mayor By slMarian K. (Carr City Clark uc~. w icueve me owner or from complying with aft tl, state, and federal regu- agree that this Conditional 11 nent shall be incorporated I Ao the Ordinance rezorurtg petty; and that upon adop• ~tion of the Ordinance, this tall be recorded in the! r p5 3~3 ~~ °~ ~ ~aq~ ~ a~~s ~ _ - - - -___-_J--- - - .- -- - . _ - - - - - --- -- - -- -- -- _ . b L 3 e r a~_T c ~_ _ l a q"'~ ~ ~ ~ ~ ~ :' ~ ~ ~ ~~•, ~ ~ ~ ~ Cri'tf. 6NGUFxR' ~'v . E ~ ~~ . f i~ '~ 1d' . l ~ ` ~ • taro rw~w~ -^'~~~ ~ t`> an~ S~ ~~ ~~ .j ~.~ C ~~ wm svESrzxdlt< _~ ~ ~` ~ y~ F <.. s a ~ ,J ~~ ~ ~1 >. 4u~nrsur~atE+~. F F ~ °, ~ u /~ ~ ~ ~ E ~ : _ ~ ~ r ~ t 4TLL 547Ynfi 1 ~i. -1 emu, 'wa~w.°w`w.'w. .~~ [ ~ Y F~ ~"~° ~ ~`~ ~ iii ~ -} L~C}y~ „~ F` w _ _ ~ \ r0 ~ ~ " t ~ i ` , EXFEI8IT PLAT ,,~ ~ . "ua*.~c ro sp [nr~ rt . mmr _ ~ F 1 ~ •, ~• - ter t`~r'~ .~.~a 'r.Ro ~ . ~ \. i' f 55767 _. -_.-. .._. March 12, 2008 i ~ ~ ~~~®~~ ~lil~ ~ ~~I~~ "r"'~_ C{TY OF 10WA C{TY 410 East Washington Street Iowa City, Iowa 52240-182b (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. 08-4299 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of April, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 23, 2008. Dated at Iowa City, Iowa, this 12th day of May, 2008. ~~ . Voparil Deputy City Clerk Printer's Fee $ . 1 ~ CERTIFICATE OF PUBLICATIaN STATE aF I~VL~A, J~HNSDN COUNTY, SS: THE IUWA 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 , times}, on the following dates}; L Legal Clerk Subscribed and sworn tv before me this~~~+~r,~ day of A.D. 20 , Notary Public ~ ~IN~A ~~~ ~mmmi r ~ ~ ~7, Zp11 OFFICIAL PUBLICATION ORDINANCE 1V0, 08-4299 QRDINANCE AMENDING TITLE 3,' ENTITLED "CITY FlNANCE5, TAXA- TION AND FEE5," CHAPTER 4, ENTh TLED "SCIiEDULE QF FEES, RATE5, CHARGES, 8f3NDS, FINES, AND • PENALTIE5," SECTION 3-4-5, ENTI- TLED "SQLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLIb WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (20D7} the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associ- ated with said solid waste collection and disposal services; and WHEREAS, the Iowa City Gity Council proposes tb increase residential solid waste collection fees by approximately 4°Io for billing on yr after July i, 2008, to adequately finance operational ousts; and NOW, THEREFORE, BE IT DRDAl1VEfl 8Y THE CITY COUNCIL DF THE CITY DF IOWA C11Y, EOWA: SECTION I. AMENDMENT. Tale 3, enti- tled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, F'tnes, and Penalties," Section 3-4-5, emitted "Solid Waste Disposal," of the Iowa City Cade is hereby amended I]y: - Changing the charge for residential solid waste collection from $14.00 to 514.50 per dwelling unit, and 2 rooming units, per month; and from $70.40 minimum to $10.90 minimum for solid waste: SECTION II. REPEALER. AI! ordi- nances and parts of ordinances in conflict with the provi~5ion5 Df this Ordinance are hereby repealed. SECTION 111. SEVERABILITY. If any section, pravi~sion or part of the Ordinance shall be adjudged to be invalid ar unconstitutional, such ~ adjudication shall not affect the validity of the Ordinance as a whole ar any section, pro- vision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective July i, 2008. Passed and ,approved this 14th day of ~, April, 2008. ~ ~ slRegenia D. Bailey, Mayor slMarian K. Karr, City Cleric ; 75275 Agri! 23, 2008 i ~ r _.. ~ ~~~~ ~ ~u~~ * wMr~•~-~'~ CITY OF IOWA CITY 410 fast 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. 08-4300 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of April, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 23, 2008. Dated at Iowa City, lawn, this 12th day of May, 2008. ~`~ ' K. oparil Deputy ity Clerk Printer's Fee $ ~I 1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330G70 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 gaper times}, an the following date{s): n ~~~ Legal Clerk Subscribed and sworn to before me this a-3~0 day of A.D. 20 Off. I Notary Public ~ LtNDA KROTZ Commissiat Number 731 • Nty Cotml ~ort~tE ~pkres OFFICIAL PU8LICATION I ORDINANCE NO.0t3-4300 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLA- ~ NEOUS OFFENSES," SECTION 2, ENTITLED 'BEGGING," TO PROHIBIT F SOLICTi1NG FOR MONEY IN LIMITED AREAS, AT CERTAIN TIMES, AND tN ~S, aggressive solicitation I9 and disruptive to citizens and ;, contributes to the lass of , end enjoyment of public places enhances the sense of fear, , i and disorder, ~S, persons who are using an teller machine, sitting in a i caf8, watching their children tyground equipment, and vralk- business are susceptible to nldation, pressure, and harass- ! solicitors; I 30 ~ Ined, unwilling, end usceptible to undue , the City has an interest in rsons from Intimidation and an interest In public safety, 3t in the free Bow of pedes- the vumose of designating was to keep the area abutting buildings ~ free from objects or other obstructions; ~ WHEREAS, Resolution No. 99-337 approved the Central Business District Urban Revitalization Plan and Ordinance No. 39-3900 designated the Central WHEREAS, the primary objective of the Central Business Distract Urban Revitalization Plan is to encourage the revitaGZation of commercial activity and the reuse of history and architecturalhr Resolution No. 99.353 e Near Southside ban Revitalization Plan, No. 94-3657 designated aside Commercial Urban .WHEREAS, the primary objectives of the Near Southside Commercial Revitalization Pian was to envourage + 'commercial use and the reuse of historic .and architecturally significant structures; ' WHEREAS, the objectives of the Northstde Marketplace Sireetscape Master Plan include providing a safe and rmitirrq experience for residents and visi- tors and reintroducing the area es an exciting and essential part of Iowa City; WHEREAS, the City has made a sub- stantial investment in city plaza, the Central Business District, the Near f Southside Cofinercial Area, and the i R Northslde Marketplace Area to ensure + their continued economic, community and social vitality; ~ s WHEREAS, this ordinance is not intend- j + ed to Ifmit any person from exercising their constitutional right to solicit funds, , picket, protest or engage in other consli- tutianally protected activity but rather its goa! is to protect citizens from the fear and intimidation that accompany certain kinds of solicitation that are unwelcome, i to erasure the free flow of pedestrian fret-; r tic, and to encourage economic vitality;' best interest of Hance. fT ORDAINED s OF THE CITY 8, entitled "Police Regulations, 5 entitled "Miscellaneous ' s' Section 2,•entified "Begging' r d in its entirety and the following 2 is substituted in lieu thereof: , manner" means any of the 1. Touching or causing physical voniact I with the person solicited. 2. Blocking the passage of the person solicited. 3. Continuing to solicit after a refusal by the person solicited. 4, Following behind, ahead or alongside e person who walks away from the solic- r "Automated teller machine" means a f device linked to a financial institution's I account records, which is able to carry out transactions, including, but not limited to: account transfors, deposits, cash I withdrawals, and balance inquiries. "Downtown" means Central •8usiness I District, Near Southside Commercial Area, and the Northside Marketplace Area as iftustrated on the map below. i "Solk;iY moans to request an immediate donation of rnoney or other thing of value !from another person, regardless of the f sol'icitor's purpose or intended use of the money or other thing of value. The sollc• lotion may be, widwut limitation, by the spoken, written or prtnted word or by I other means of communication. B. !n the "downtown," it is illegal: ~ 1. Fo solict in an aggressive manner. 2. To solicit within ten (10) feet of the anchored or temporary fencing to a side- ~ walk cafe. 3. To solicit within ten {10} feet of an entrance to or exit from any building. ~ 4. To solicH within ten (10) feet of the con- crate bvrdertothe playground equipment located south of the public library in city plaza. 5. To Solicit within twenty (20) feat of an automated teller machine. 9. To solicit within ten {10} feet of a mobile vendor. C. No person shall be cited under sub- sections B2-B6 above unless the person ~: engages in conduct prohibited by said subsections after having been notified by ', a peace officer that the conduct violates the City ordinance. D. to places within the City other than , ~~ "downtown," it is illegal to solicit in an aggressive manner or in a manner that will impair orderly movement of pedestra-" an or veh~ular traffic or otherwise create unreasonable health and safety con- cams. SECTION il. VIOLATION. Any violation i of this ordinance shall be considered a simple misdemeanor punishable by a fitre of $65.00. c SECTION III. ~ EALER. All ordi- ~ nances and parts of ordinances in cordlict with the provision of this Ordinance are hereby repealed. . If any sec- ' tlon, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or uncon- sti~tutianal. SECTION V. EFFECTIVE DATE. This ' Ordinance shall be in effect after its finaE passage, approval and publication, as 1 provided by law. Passed and approved this 14th day of i April, 2008. sJRegenia D. Bailey, Mayor SlMaraan K, Karr, City Clark 75301 Apn123, 2008 5. Using obscene, profane or abusive language or gestures toward the person solicited.. - _ • - g~, a~~. ~~.~.. ©g ..._ 43 o U 0 N n IOWA AVE I i -- -- _ , . Downtown • L~^l Lv___ ~ ~ OMINGTON ST Mercy Hospital ~, y 0 ~z~ N w m z UT 4 U l.r..~- W~ m JEFFERSON S Z o a PRENTISS SF . UN! i/ERS! TY 0~ IpWA ^~~nC i ~ ~ ~ 1 ~ ~ ~ Q V .~l N w I m a L .a I J 1 ~ t ~~~~~7~ ,~~ ~::~Ill~~ ~ -~ i ~s.~s._ CITY OF IOWA CITY 410 Cast Washington Street Iowa City, Iowa 52240-1826 (319J 3565000 (3f9) 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, laws, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 08-4301 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of April, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 23, 2008. Dated at Iowa City, Iowa, this 12th day of May, 2008.1, ulie .Voparil Depu y City Clerk OFF1GIAl. PUBLJCATION Printer's Fee $~jD, r7~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330b70 I, ~ ;~ ~ ~ J ~l i r~ e ~-' , 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 dates}: ~» ~-.-~ - Legal Clerk Subscribed and sworn to before me this ~ 3 r~ day of A.D. 20 pFS _ . otary Public ~ ORDINANCE NO.t)(;-4341 ORDINANCE AIIAENDING TITLE f!, ENTITLEO'POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLA- NEOUS OFFENSES," 8Y ADDING A NEW sECno TING AND LY TO ?ROHfBJT ; PUBLiC $IDEI TOWN AND WHEREAS, th+ the free flow of I WHEREAS, pu ed and maintair Poses at enablii ND LYING ON THE DOWN- ? OF CRY an interest in traffic; dks are treat- comers with convenient access to goods and services; t+YIiEREA5, pedestrians, particuJarty the elderly, disabled or vision -impaired, are put at increased risk when They must n~v- i igate around individuals sitting or Eying upon the public sidewalks; WHEREAS, sitting or tying on the public 'sidewalks in downtown and neighbor- hoal commercial areas interferes with the primary purposes of the public side- Iwalkacrd threatens public safety; WHEREAS, in same circumstances, sil- ting or lying deters persons cram shop- ~ping or dining In an area or at a particular establishment and undermines the essential economk vitality of chase ,areas; WHEREAS, there are numerous other ' places within the downtown and neigh- borhood commercial areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing eco- nomic vitality, or threatening public Safe- f { tyWHEREAS, Resolution No. 89-337 approved the Central Business District r Urban Revitalization Plan and Ortiinanca ~ f No. 99-3900 designated the Central Business District; , I WH>rREAS, the primary objective of the Central Business District Urban Revitalization Plan is to enwurage tfre revitalization of commercial activity and the reuse of history and amhiko h,mlly No. 99-353 the rrnth[t:A~, the pnmary objectives of the Near Southside Commercial Revitalization Plan was to encourage commercial use and the reuse of historic and architecturally signifrcant sinrvtures; WHEREAS, the objectives of the t Northside Marketplace Streetscape Master Pian include providing a safe and inviting experience for residents and visi- tors and reintroducing the area as an excfting and essential part of Iowa City; and WHEREAS, ft is in the best interest of BY THE CITY COUNCIL Of THE CITY OF CTPI', IOWA: SECTION 1. AMENDMENTS. t. Fdle 8, entitled `Polka Regu+atJons, Chapter 5 entitled "Miscellaneous Offenses," is hereby amended by adding a new Sectran 10, ertNNed 'Sitting and Lying on Sidewalks" as follows: 1. No person shall sit or lie down upon a public sidewalk in the downtown or in Zone 1 of city plaza ar on a blanket, chair, 'stool, or any other object placed on a pubic sidewalk in the downtown or in Zone.1 of-aly.plaza_ _ ~.._.._ . 2. This prohibition shall not Snoly to' ~ - I ~,. ! b. A person sitting or tying down due to a medical emergency, c, A person with disabilities using a wheelchair or similar device designed for ~ ra person with disabllitias.~ _ d. A person sitting at a sidewalk cafe. i ie. A person sitting or lying on a bench or ~ planter atfixed tq the public sidewalk. i f. A person who has a temporary use of ~ sidewalk permit, a mobile vending permit, or other permit issued by the City. ~ 3. No person shall be Gted under this section unless the person engages Jn conduct after having been notified by a 14. 'Downtown' means the Central ~ Business District, the Near Southside ~ Commercial Araa, and the Nortftside . Marketplace Area as illustrated on the 1 I map in Section 8.5-2 of this Code. "Zone 9 ,1 Of city plaza" means "zone t ` as that Mann is daFined in section 10.5-2 of this #Coda. SECTION II. VIOLATION. Any violation lof this ordinance shall be considered a simple misdemeanor and punished by a a.,..... Qe~ ,.,. vnm me provision of this Ordinance are ~he-aby repealed. (SECTION it/. SEVERABILITY. Jf any sec- ~~ as such aafuarcauon shat] not ~aftect the validity of the Ordinance as a whole or any section, provision yr part thereof not adjudged invalid or uncon- sti~tufional. iSECTION V. EFF=ECTIVE DATE. This 'Ordinance shall ha in effect after its final i passage, approval and publication, as provided bl' law. i Passed and approved this t4th day of April, 2048. sdRegenia D. Bailey, Mayor slMarian JC. i(an•, City Clerk 75299 ti Apdf 23, 200$ ` r i ~~~~~ i CITY OF IOWA CITY 410 East Washington Street Iowa City, lows 52240-l82b [319) 356-5000 (319) 35b-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 #rue and correct copy of the Ordinance No. 08-4302 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of April, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 23, 2008. Dated at Iowa City, Iowa, this 12th day of May, 2008. \`~ ~ ~~ ~1 'e Voparil Deputy City Clerk Printer's Fee $ ~. ~ s CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330b70 - OFFICIAL PUBLICATION OFFICIAL PUBLICATIONW v ' } ORDINANCE NO.08-4302 ORDINANCE AMENDING TITLE 9, ENTffLED 'MOTOR VEHICLES AND TRAFFIC," CHAPTER 3; ENTITLED 'RULES OF THE ROAD," SECTION 6, ENTITL@D "SPEED RESTRICTIONS", SUBSECTION B, I, ~ -^ V~ e C~VI 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 1 ..__ ,time(s), on the following date{s): Legal Clerk Subscribed and sworn to before me this .~- Y c.~ day o A.D. 2a b ~ Public L L.lrMtJA RrcV~L ~ ~ ComIll~sion Number 732fi1 . ~ . ~hr s ~~p;res WHEREAS, City Code Section 9-3.6(B) currently defines speed limits for U.S. Highway 218 from the south city [units to the intersection of U.S. Highway 6 and Iowa Highway 1; and WHEREAS, the street between the intersection of U.S. ' Highway 6 and Iowa Highway 1 and the south city limits is now named Old U.S. Highway 218 and Riverside Drive; and WHEREAS,.it is in the best interest of the City to define maxi mum allowable speeds for all vehicles on public streets and highways; NQW, THEREFORE, BE iT ORbAINED BY THE CITY COUN- GL OFTHE CITY OF kOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, enti- tled "Rules of the Road," .Section 6, entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions° is hereby amended by substituting the following language under Ehe heading of "Name,of Streit": Name of Street" Maximum Speed limit Where Limit BF2!es (MPH) . Old V.S. Highway 218 50 Fram the south city lim- its to a paint 1,600 feet north of the south city ' limits Riverside Drive 45 • ~!' From a point 1,600 feet _ north of the south city limits to a point 600 feet -south of the intersection ` ~ with U.S. Highway 6 and -Iowa Highway 1 Riverside_Drive 30 From a point 800 feet ' south of the intersection ' with U.S. Highway 6 and - Iowa Highway 1 north to • the intersec- tion with U.S. Highway 6 and Iowa ~ Highway 1 I EP LE All ordinances and parts of ordi- nances in conflict with the provision of this Ordinance are here- by repealed. SECTION III. SEVERASILITY._ If any section, provision or part of the Drdinarece shall be adjudged !o be invalid orunconstitu- tional, such adjudication shall not affect the validity of the Drdinanoe as a whole or any section, provision ar part thereof TI N F TIVE D T .This Ordinance shall be effec- tive upon publication. Passed-and approved this 14th day of April, 2008. slRegenia D. t3ailey, Mayor sJMarian K. Kart, City Clerk 75300 April 23, 2008 1 ~ 1 _~ ~~_ ~~~~~..~~~ ~~i~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, [owa 52240-182b [3!9) 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. 08-4303 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 29th day of April, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 7th, 2008. Dated at Iowa City, Iowa, this 9th day of June, 200$. ~`v `' Ju . Vo aril Deputy City Clerk Printer's Fee ~ 5 CERTIFICATE OF P[JBLICATICIN STATE QF IUWA, JnHNSQN COUNTY, 55: THE IOWA CITY PRESS-CITIZEN FED. ID # 4Z-433U674 I, ' e, being duly sworn, say that I am the legal clerk of the IUWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed Copy of which is hereto attached, was published in said paper times}, on the following dates}: C Legal Clerk Subscribed and sworn to before me this '~' day of A.D. 24 ~ Notary Public OFFICIAL PUBLICATION aRQiNANCE ND. os~va ORDINANCE REIOHIFlG APPROXI- MATELY 17,91 ACRES LOGATEIO SOUTH OF RUPPERT iROAD FROM COMNWNR1f CDMNIERCIAf. LCC 2)r TO INTENSIVE COMMERCIAL [CMif. {~~zas-aaavzf ~ . , WHEREAS, ITC Midwest LLC has requested a rezoning of property located south of Ruppert Raad from Community Gommercia! [CC-2 } to Intensive Commercial [CI-1}; and WHEREAS, the Campret~ensive Plan Identifies this area as appropriate far Intensive Cvmrnercial_developmant; and WHEREAS, the Planning and Zoning Commission has the reviewed the pro posed rezoning and has recommended that it be approved. NOW, THEREFORE, BE IT DRf]AINED BY THE CITY CDUNCIL'OF 7HE CITY OF IOWA CITY, IOWA: SECTION i APPRDVAt.. Property described below is hereby` reciassified from its current zoning designation of CC- 2 to CI-1: North Airport Qevelopment lots 2, 3, and 4 and outlots 2A, 3A, and 4A as. described in the FinaE Plat of North Airport 1]evelopment -Part Two recorded in deed back ~5, page 9t, dated January i C, 20x3 in the records of the Johnson County Recorder. SECTION If. 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 publ'scatian of this ardlnance by law. SECTION lEl. CERTIFICA7IDN AN^ RECORflING, Ltpas~ passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cer- tify acopy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, a!I as provided by law, SECTION IV. REPEALER. All ardi- nancesand parts of ordinances in conflict with the pro-risians of #his Ordinance are hereby repealed. ' SECTION V. SEVERA8ILITY. If any seC- tian, provision or part ^f the t7rdinance Shall be adjudged to be invalid or uncon- stitutional, such adjudication shall oat affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid ar unconsti- tutional. SECTION VI. EFFECTIVE QATE. This Ordinance shall be in effect after its'final passage, approval and publication, as provided by law. ' Passed and approved this 29th day.of April, 20f]8. ' slRegenia D, bailey, Mayor ' slMarian K. Karr, City Clefk 75358 May 7, 2U08 ~ ~ 1 .~. ~ ~ir~f~ ~111~ ~ ~®~~,1 ~"t.Y._ CITY OF IOWA CITY 410 East Washington Street Iowa City, lowa 52240-l82b (319) 356-5000 (319} 35b-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. 08304 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 29th day of April, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 7th, 2008. Dated at Iowa City, fovea, this 9th day of June, 2008. ~ - ~C~ Juli Voparil Deputy City Clerk Printer's Fee $ ~Co . 5'~- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: 1'HE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, A ~, ) ~~ -~ 1n E' s~ it ~ ~ Ir' 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): ~ l ~, 7~ r~O~J Legal Clerk Subscribed and sworn to before me this `7~`` day of A.D. 20 D ~- Notary Public .~~"~ a LINDA KROTZ ~~ Commission Number 73261 ow. My Commission Expires Jan 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO. 08-4304 ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY", CHAPTER 1, ENTITLED "NUISANCES" TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEV- ERAGES ON NON-LICENSED PREMISES BETWEEN 2 A.M. AND 6 A.M. MONDAY THROUGH SATURDAY, AND BETWEEN 2 A.M. AND B A.M. ON SUNDAY. WHEREAS, City Code Title 6, Chapter 1, Section 2 titled "Public Nuisance Defined: Public Nuisance Enumerated" defines certain behaviors which are injurious to the senses or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public and community; and WHEREAS, over consumption and under-age consumption of alcohol, and the secondary effects thereof are contrary to the public health, welfare and safety of the citizens of Iowa City and such prob- lems would be exacerbated by the allowance of "after-hours" establishments which allow for the consumption of alco- holic beverages. WHEREAS, the City finds that the con- sumption of alcohol on premises where food, beverages or entertainment are sold for compensation between 2 a.m. and 6 a.m., Monday through Saturday, and between 2 a.m. and 8 a.m. on Sunday is a public nuisance; and WHEREAS, having so found, the City desires to prohibit said behavior. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 1, entitled "Nuisances," Section 2, entitled "Public Nuisance Defined: Public Nuisances Enumerated," is hereby amended to add section (S): (S) Consumption on unlicensed premises. Any building, place or premises where food, beverages or entertainment are sold or provided for compensation, or where persons are charged to enter, upon which alcoholic beverages are con- sumed between 2:00 a.m. and 6:00 a.m. Monday through Saturday, and between 2:00 a.m. and 8:00 a.m. on Sunday, when said building, place or premises has not been issued a liquor control license or wine or beer permit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are here- by repealed. SECTION III. SEVERABILITY. If any sec- tion, provi-sion or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 29th day of April, 2008. s/Regenia D. Bailey, Mayor s/Marian K. Karr City Cterk 75361 May 7, 2008 ~~~®~ ,~t ~III~~~~ -~.aa~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319j 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. 08-4305 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 13th day of May, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 21st, 2008. Dated at Iowa City, Iowa, this 9th day of June, 2008. \\ -~ Julie oparil Deputy City Clerk Q-~.a . p~ - <{3p.S \~,~,~,~ Printer's Fee $ I ~E . X13 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. 1D # 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~~ ~ ~1, ~C~C~~ Legal Clerk Subscribed and sworn to before me this ~ l~ . day of A.D, 20~~ .. y Public ~ UNDA KROTZ ~rgrti~on Number 73261 ~ ~ ~ p~ ssiate Expires ~ 27,2011 `'~. 1 ~~ -OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.OB-4305 ORDINANCE AMENDING TITLE 3, ENTITLED "CrrY FI-NANCES, TAXATION AND FEES; CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONOS, FINES AND PENALTIES," SECTION 3-4.4, ENTITLED "WASTEWATER TREATMENT. WORKS USER CHARGES," OFTIiE CITY GORE, TO INCREASIr OR CHANGE WASTE-WATER USER CHARGES AND FEES,IIV IOWA CITY, IOWA. ~ ' WHEREAS, pursuant to Chapter 384, Code of Iowa (2007}, Ehe City of Iowa City is autho-rized to establish and provide for the m!- lection of rates to pay for the City's utility systems, including the City's wastewater treatment wortrs; and WHEREAS, the City of Eowa City is required to comply with federal wastewater treatment standards; and WHEREAS, it is in the public interest to increase certain fees antl charges in order to adequately fund me costs of operation,: maim tenance, necessary expansion and-debt service for the Cii~s wastewater treatment facilities; and WHEREAS, wastewater rates were last increased in 2006; and WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by approximately 5°~ for billings on or after Juty !, 2008 to finance these activities. NOW, THEREFOREfBE'tT~ ORDAINED BY THE CITY COUNCIL OF THE CiTY.OF IOWA CITY, IgWA: SECTION I. AMEf+tDMEfVT: Tide:3,:Chapler 4, Section A, entitled "VYastewafer Treatment Works User Charges; of the City Code should be and is herehy amended by repealing Section 3-4-4 and enacting iii lieu thereof a new section 3-4~ entitled'Wastewater Treatmont Works User Charges" to read as follows: 3~~: WASTEWATER TREATMENT VYORKS L15ERCHARGES: Sanitary Sewer Service Charges; Amor~rtt of Fee, Crty Code Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article a Fine or Penalty - ~ Fhre or Penalty ~ Section Reference Minimum Monthly Charge (includes the First S 8.75 14-3A~ 100 Cu. Ft. of Wafer Used) Monthly Charge for Each Additional 100 Cu. Fl. 3.99 14~A~ of Water Used Monthly Surt:harge BOD (per pound} 300 or less MPL" Included in charx~e for 100 14~A~ cu.ft of water • ~ used SOD (per pound} from 301 MPL ba 2000 MPL' .284 14~A~ BOD (per pound) greater than 2000 MPL" .425 ~ 14~A~ Suspended Solids (SS} (per pound) .Z27 14~A~S Monthly Minimum Unmetered User 33.36 14-3A-0 Manufactured Housing Park Monthly Milimum. 33.36 14-3A~ Per Lot Holditg Tank Waste --plus landfill fees 5.032 per gal. t4~A-4 Hald'ng Tank Waste Hauler- Annual Permit $907 per year 14~A-0 Deposit and Defnquency Fee farCorrt~ined City Water 14-3A-7 andlor Sanitary Sewer andlor Solid Waste Collection Accounts Residential owner account, per combined ~ $ 0 residential service for City water andlorsanitary sewerandlor slid waste collection service Residential tenant account, percambined resi- $80.00 dental service for City water and,far sanitary sewerandlor solid waste collection service Five (5) percent delinquency charge on current 5.0% current billed poRion of the auistanding amount on billed portion , combined water andlor•sanitary sewer andlor, solid waste account that is not paid within twenty-two (22)days of tilling date. Delinquency Deposit Fee for Combined City Wafter An amount 14~A-5 andlor Sanitary Sewer andlor Solid Waste Collection ~ equalto an Accounts average twa- month billing forthe delin- quentaccaunt 'Miltgrams per liter(MPL) I ~C~,ON II. REP64LER. Al! ardi- nances and parts of ordinances in conflict with the provisions of this Ordinance are i hereby repealed, SECTION III. SEVERABII_iTY. If any section, provision or part of the j Ordinance shall be adjudged to bo irnalid 1 f F or unconstitutional, such adjudication Passod and approved this 13th day of i shall not affect the validity of the May, 2008. ~ Ordinance as a whole ar any section, s/Regenia D. Bailey, Mayor provision or part thereof not adjudged Attest: slMarian K. Karr, City Clerk invalid yr unconstitutional. SECTION IV. EFFECTIVE DATE. This 75610 May 21, 2008 Ordinanco shall be in effect Juty i, 2048. v e.~a °~ 2 ~~,;~,,,~.51 ~ ~ 1 ~~~®~~ ~ U1w~~~~ CITY OF IOWA CITY 410 Easr Washin;rvn Street Iowa City, Eowa 52240-1826 (319} 355-5000 (319} 356-5009 FAX www.icgov.vrg STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Juiie 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. 08-4306 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 11th day of June, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 13~', 2008. Dated at Iowa City, Iowa, this 10th day of July, 2008. . ~`~ ~ Julie ril Depety City Clerk Printer's Fee $~ CERTIFICATE OF PUBLICAT[ON STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS•CITIZEN FED. ID # 42-0330670 I, It 1 f ~.-. ~ 1I~C I'll 1 GU- E' r ~- - -~ ' ca, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said Bounty, and that a notice, a printed copy of which is hereto attached, was published in said paper .time(s), on the following date(s): Q' `, I ~V~E__ ~~ V ~~-- V Legal Clerk Subscribed and sworn to before me this ~ '~' day f A.D. 20~3~_. --~iotary Public ~_ t",omnigi0n 1i~N{'itillt ~~ ' OFFICIAL PUBLICATION ORDINANCE NO. 08-4306 ORDINANCE AMENDING TITLE B, ENTITLED "POLICE REGULA- TIONS," CHAPTER 1, ENTITLED "CIVIL EMERGENCIES" TO AUTHORIZE THE MAYOR TO MANDATE EVACUATION 1N THE EVENT A CIVIL EMERGENCY IS PROCLAIMED. WHEREAS, City Code section 8-1- 2 authorizes the Mayor to proclaim a civil emergency and to impose a the event a civil emergency is pro- claimed; and ~; WHEREAS, tha City desires to authorise the Mayor to mandate ' evacuatioQn of all or parts of the pop- ulatiori`'of'Iowa City and to take all mitigation, response or recovery: and WHEREAS, it is the in public's interest to so authorize the Mayor. NOW, THEREFORE, BE IT ORAAINEb BY THE CITY COUN- CIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Title 8, entitled "Police Regulations," Chapter 1, entitled "Civil Emergencies," Section 2, enti- tled `Proclamation', Cusiew Imposed," is hereby repealed and the following i5 substituted in lieu thereof: 6-1-2 Proclamations; Curfew; Evacuation A. Proclamation by Mayor: When, in the judgment of the mayor, a civil emergency, as defined herein, is deomed to exist, the mayor shall forthwith prodalm, in writing, the existence of same. B. Imposition of Curfew: After proclamation of a civil emergency by the mayor, the mayor may order a general curfew applicable to such geographical areas of the city or to the city as a whole'as the mayor deems advisable and' applicable during such hours of the day ar night as the mayor deems neces- sary in the interest of ,the public C. Mandatory E proclamation of a date that all or any part of the City of Iowa City be evacuated as the mayor deems advisable and appli- cable for the preservation of life ar other disaster mitigation, response or recovery. D. Extraordinary Measures: After proclamation of a civil emergency that any other extraordinary meas- ures betaken for the preservation of cite or other disaster mitigation, response arrecovery. E. Vialaiion of Order TYThe violation j of a curfew order, evacuation order I or other order regarding extraordi- # nary measures issued by the mayor hereunder or any directive or order issued pursuant thereto by any peace ofhcer shall be unlawful and shall be punishable as a simple mis- dess~eanor as prrnrided by Section 1- 4-t(B) of the City Code. 5E('Tj.QflL. U REPEALER. All ordi- nances and parts a1 ordinances in conflict with the provision of this Ordinance•are hereby repealed. SE~TI ,~$EVESABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity at the Ordinance as a whose or any section, prevision or part thereof not adjudged invalid Or shall be Passed and approved this 11th day of June, 2008. ~ slRegenia D. Bailey, Mayor Attest: slMarian K. Karr, Ciry Clerk 76042 June 13,2008 i ~ 1 ~~.:~®~~ :Rill ~ ~ y~wr~~ CITY OF IOWA CITY 4i0 East Washington Street Iowa City, Iowa 52240-1826 (319j 356-5000 [319j 35b-50D9 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. 08-4307 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of June, 2008, ail as the same appears of record in my office and published in the lows City Press-Citizen on July 2nd, 2008. Dated at Iowa City, Iowa, this 12#h day of August, 2008. ~~~ Julie .Voparil Deputy City Clerk Printer's Fee $ ~ i ~1 ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, ,JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~i`~. ~e,w.e ~ILL~ ~ ~ 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 dates}; ~ Q-~.t~ r~r.~i..e~ ~- Legal Clerk Subscribed and sworn to before me this day A.D. 20 d otar Public dwt UNpA KROTZ >$~ Commission Number 732619 F {411yf COR1r11issi0n Expires Janua 27, 2011 OFFICIAL PUBLICATION ORDINANCE NO, p8-4307 ' AN ORDINANCE REZONING APPROXIMATELY 11.7 ACRES OP LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNffY COMMERCIAL (CC-2) TO INTENSIVE. COMMERCIAL (Ct-1). ' (RET08-tl4004) WHEREAS, the applicant, the I City of Iowa Ciry, has requested a rezoning of properties located on Ruppert Road west of Old Highway 218 from Community Commercial (CC-2) to Intensive Commercial (CI-1 j; Arid WHEREAS, business uses conforming to a CI-1 zone are com- patible with current surrounding land uses; and WHEREAS, the Compre- hensive Plan indicates that these ' parcels are appropriate for uses ' consistent with the CI-1 zone; and WHEREAS, the Planning and ' Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Gomprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recom- ' mended approval of the proposed rezoning; and ~ ' WHEREAS, the Iowa Ciry City Council concurs with Ehe recom- mendations of the Planning and Zoning Commission. ' NOW, THEREFORE„ 8E IT ORDAINED 9Y TH£ CITY COUN- CIL OF THE CITY OF IOWA CITY, I IOWA: SECTION I APPROVAL. The i' property described below is hereby reclassified from its current zoning classification of Community Commercial (CC-2) to fntansive ` Commercial (CI-1) is hereby approved: I Lats 8 through 17 01 the North Airport Development as described ' in the Fnal Plat of North Airport Development recorded in deed s book 43, page 182, dated October 17, 2001 in the records of the The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this 1 amendment upon the final pas- sage, approval and publication of t Adpl~Q,Fi~l~ The City Clerk is hereby autharizetl and directed .to certify a copy of this ordinance, and record the same in the Oftlce of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publicafion of this ordinance, as provided by law. SECTION IV. RFeEALER. All ordinances and pans of ordinances in conflict with the provisions of this If any section, provision or the Ordinance shall be adiu be invalitl or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole ar any section, provision or part thereof not adjudged invalid ar unoonsti~tutional. SECTION VI. EFFECTIVE J}ATE. This Ordinance sheik be in effect after its final passage, approval and publication, as provid- ed by law. Passed and approved this 24th dey of June, 2008. s/Regenia D. galley, Mayor ' Attest: slMarian K. Karr, City Clerk ~ 7587fi' ~ July 2, 2008 ~ r t ~~~~~ ~ ~~~~~ ~ ,~~..~ C[TY OF IOWA CITY 4i0 Easr Washington Street Iowa City, ]awa 52240-i82b [319] 35b-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. 08-4308 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of June, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 2nd, 2008. Dated at Iowa City, Iowa, this 12th day of August, 200\\8``. ~~.V . Voparil Deputy City Clerk Printer's Fee $-~- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330b70 ~tii!k~, 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 fallowing date(s): Legal Clerk Subscribed and sworn to before me this ~"' day o A.D. 20~_. .~ otary Public i _'_ _ _ OFFICIAL PUBLICATION ~ ORDINANCE NO. t18-4308 AN ORDINANCE REZONING OF LAND LOCATE RUPPERT ROAD WI OLD HIGHWAY 218 COMMUNITY COMM has requested a ~rties located on (C:C-2) t0 Neighborhood Public (P- 1); and WHEREAS, these properties era currentry under the ownership of the City of Iowa City and are intended to remain under said own- ership; and + WHEREAS, the Planning and ' ,Zoning Commission has reviewed She proposed rezoning and defer- `-' mined that it complies with the ~ •~ 'Comprehensive Pian; and WHEREAS, the Planning and Zoning Commission has recom- . mended approval of the proposed; rezoning; and WHEREAS, the Iowa City City ' Council concurs with the recom- mendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OF THE CITY OF EOWA CITY, ' IOWA: SECTION I APPROVAL. The property described 6eldw is hereby reclassified hpm its curtent zoning classification of Community Commercial (CC-2) to Neighborhood Public (P-1) is here- by approved: i Outlots B and C of Ehe North Airport Ii Development as described in the Final Plat of North Airport ~ Development recorded in deed I book 43, page 182, dated October ~ 17, 2001 in tfie records of the Johnson County Recorder. SECTION II. ZONING Mme, ! The building official is hereby + authorized and directed to change { the zoning map of the City of Iowa ~ City, Iowa, to conform to this amendment upon the final pas- # sage, approval and publication of the ordinance as approved by law.- , TION AND RECORDING. The City Clark is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the Tinal passage, approval and publicalion of this ordinance, as prpvided by iaw. SECT_I4N IV REPEALER. All If any section, provision ar part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the i validity Of the Ordinance a5 a whole or any section, provision or part thereof not adjudged invalid or , tJAit' Ihi5 Ordinance shall be in effect after its final passage, approval and publication, as provid- ed by law. Passed and approved this 24th day of June, 2008. slRegenia D. Bailey, Mayor Attest: SJMarian K. Karr, City Clerk 75877 Juty 2, 2008 ~ r STATE OF IOWA } )SS JOHNSON COUNTY ) . ~~.®~~ 410 East Washingtan Street Iowa City, Iowa 52240-i82b (319) 35b-5000 (319) 356-5004 FAX www.icgov.org ~ ~°a~~~ ~~ _ GTY OF IOWA CITY 1, 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. 08309 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of July, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 18th, 2008. Dated at Iowa City, Iowa, this 12th day of August, 2008. . ~ Julie paril Deputy City Clerk Printer's Fee $ ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRES5-CITIZEN FED. ID # 42-4334670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRE5S-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 dates}: ~^- ~ i~ 1--~ t ~ .y Legal Clerk Subscribed and sworn to before me this. ~n`~''1 day o A.D. 20 D ~ A OFFICIAL PUI3LICATIpN ' dRD1NANCE NO.08-43b9 ' OFtD[NANCE AMENDING TITLE 18 OF THt: CITY CODE, ENTI- , TLED "tJSE OF PUBLIC WAYS AND PRQPERTY," CHAPTER 3, ENTITLED "GdMMERCIAL USE OF SIDEWALKS," SECTION 4, ENTITLI=D "7EMPQRARY U5E OF SIDEWALK PERMITS" TO INCREASE THE DURATION OF THE TEMPORARY SIDEWALK PERMTS ON FRIDAYS IN Ti1E suMMa=R. • WHEREAS, regulating the public 'right-of-way ensures the safe movement of pedestrians; WHEREAS, section 10-3-4 pra- vides that the Clty may issue a per- mit each year to businesses for the aammercial use of City sidewalks rpR Fridays during the summer 1 ' Friday Night Concert Series from 5:00 P.M. to 9:00 P.M; 'WHEREAS, . the Downtown Association at Iowa City has `requested that the City Gode be k !amended to increase the duration i of the temporary use of sidewalk ~ permit on Fridays In the summer sa ' 9:00 A. M. to 9:00 P.M.; and IWHEREAS, it is in the City's inter- est to permit buslnesses to use the City's sidewalks for additianat hours an Fridays in the summer. •NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OFTHE CITY OF CITY, IOWA: amended by deleting the last sen- fence ai the first unnumbered para- ~ graph ai Section R in its entirety and by substituting in its place the . following new sentence: One (1) Temporary Ilse of Sidewalk Permit shall be Eimited to the tem- porary use of sidewalks and public right at way abutting said business- es and shall be limited to Fridays • between the hours of nine o'clock (9:DD~ A.M. and nine o'clock (9:00} P.M. for the period beginning the second Friday of May and ending- bn the third Friday of September of each year. SECTION 11. REPEALER. All ordi- nances and pans of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. PI=NALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. [f any section, prod-sign or part of the Ordinance shall be adjudged to qe invalid or unconstitutional, such adjudication shall not af#ect 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 taw. Passed and approved this 10th day of July, 2008. slRegenia D. Bailey, - Mayor Attest: slMarian K. Karr, City Clerk 65779 July 18, 2008 ~ r ~~.®~~ ~! ~nl~ ~ ' w~®~~~ CfTY OF IOWA C[TY 4!0 East Washington Street Iowa City, Iowa 52240-1826 (319} 35b-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. 08310 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 23rd, 2008. Dated at Iowa City, Iowa, this 12th day of August, 2008. \~~ ~ Ju 1 oparil Deputy City Clerk ~~~.-~.... v c~ -~-'r3 ~ 0 ~ " Printer's Fee $~C7 OFFICIAL PUBLICATION 'ORDINANCE NO. 08-4310 AN ORDINANCE CONDITIONAL- . The Building Inspector is hereby ~, authorized and directed to change CERTIFICATE OF PUBLICATION LY REZONING APPROXIMATELY 10.08 ACRES of LAND LOCATED the zoning map of the City of Iowa City, Iowa, to conform fo this STATE OF IOWA, NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST amendment upon the final passage, aPProval and publication of this JOHNSON COUNTY, SS: OF COMMERCE DRIVE FROM' 1NTENSiVE COMMERCIAL (CI-1) ordinance by law. SECTION IV. CERTIFICATfON THE IOWA CITY PRESS-CITIZEN OZONE TO COMMUNITY COM- AND RECORDING. Upon passage ~''d aPProvaf of the Ordinance the ID # 42-4330670 FED MERCIAL (CC-2) ZON>=. (REZ08- , City Clerk is hereby authorized and di . WHEREAS, 5treb Investment ~ rected to certify a copy of this ordi- Hance and to record the s m t" Partnership, L.C', has applied for al 'rezoning of approximately 10.081 a e, a the ofice of the Courity Recorder of J I ~ ~--~,., ~ ~ ~ , yt e Cx_ ~ acres of property -from Intensive 1 ~ Comrrierciat (CI-1) Zone tot ohnson County, Iowa, at the I owner s expense, all as provided by " being duly sworn, Say ~ Community Commercial (CC-2) ~ Zone; and I law, SECTION V. REPEALER. AI! ordi- nances d rt f ' WHEREAS, said properly is local- ed north of Highway 6, east of Scott+ an pa s o ordinances in 'conflict with the provisions of this the IOWA that I am the legal ekerk o# ~ Boulevard, and west of Commerce l Ordinance are hereby repealed. Drive; and ~ SECTION Vi. SEVERABILITY. if . CITY PRESS-CITIZEN, a newspaper ~ WHEREAS, the Comprehensive, P hi h i any section, provision or part of the Ordinance shall be adjudged tv be lan identifies t s area at t e nter-~ section of Highway 6 and Scott invalid or unconstitutional, such published l!l Said COtI[lty, and that a 'Boulevard as appropriate for goner-` t adjudication shall not affect the validity of the Ordinance as a whale al commercial uses- and notice, a printed copy of which lS WHEREAS, the applicant has: agreed to comply with the terms of, or any section, provision or part thereof not adjudged invalid or was published in said hereto attached ;the 1997 conditlona3 zoning agree- ~ ~ unconstitutional. SECTION VII. EFFECTIVE DATE, , ment re ardin this ro rt , I g 9 P pa Y This Ordinance shall be in effect paper times}, On the 1 notwithstanding the rezoning to ", Community Cornmerdal; and attar its final passage, apprav~al 'and publication, as provided by law. WHEREAS, other owners of por- Passed and approved this 15th day ~O110W1R date S11 f~ lions of the subject property, name- ly Faraway Stores, Inc. and e Oil Company have indi- Hawke of July, 2008. - slRagenia D. Bailey, Mayor Att l ~ ~!~ ~ ~ y ort for the rezonin d their su c r { est: s Marian K. Karr, City Cleric ~ _ y l1 ~ ~ pp g a e ~ t _ and agreed to the terms of the I CONDITIONAL ZONING AGREE- `. attached conditional zoning agree- MENT 'i ment• and i WHEREAS, the Planning and I TH15 AGREEMENT is made ~ between the City of Iowa City, Iowa, C.~~"~ I Zoning Commission has reviewed a municipal corporation (hereinarter the proposed rezoning and deter- 1 ,mined that it complies with the ~ ^Ciry"), and Streb Investment Partnership, L.C. Hawkeye Oil Legal Clerk 'Comprehensive Plan, provided that , Company, and Faraway Stores, Inc. it meets certain conditions that wi31 (hereinafter "Owners"). Subscribed and sworn to before me ,ensure appropriate development of { WHEREAS, Owners are the legal h o d hi properties along Scott Boulevard, ~ an important entryway into Iowa If title holders of approximately 10.08 acres of property located north a! ay t s City; and Highway 6, east of Scott Boulevard, WHEREAS, Iowa Code §414.5 and west of Commerce Drive (hera- A.D. 20~!• (2007) provides that the City of may impose reasonable Iowa Cit inafter'Property"); and WHERE y conditions on granting an appli- ' AS, 5treb Investment Partnership, L.C. has requested s rezoning request, over and cant shove existing regulations, in order that these 10.08 acres be rezoned .hom Intensive Commercal (Cf-1) to - •ta satisfy public needs directly ~ Community Commercial (CC-2); caused by the requested change; and and WHEREAS, the Comprehensive WHEREAS, the applicant and Plan identifies this area at the inter- ather owners have agreed that the section of Highway B and Scott otary Public property shall be developed in Boulevard as appropriate for gener- accordance with the terms and con- '`ditions'of the Conditional Zoning ai commercial uses; and WHEREAS the applicant acknowl- ~~r~ i_INDA KROTZ ,Agreement, attached hereto, to ensure appropriate development , edges that this 10.08 acres was __ >pr~ Commission Number T3261 • along this entryway into the city. BE IT T EREFORE 'subject to a 1997 Conditional ' M ~ orr- y ~~ ~~ ~ H ,. NOW, ORDAINED BY THE CITY COUN- Zoning Agreement, and that the Gity wishes to continue to impose car- ' ~• ~~~ CIL OF THE CITY OF IOWA CfTY, lain obligations contained therein IOWA: 1 upon the Owners, notwithstanding ~ SECTION I. APPROVAL. The prop- I arty described below is hereby the rezoning of the property to Community Commercial; and reclassified from Intensive WWEREAS, Faraway Stores, Inc. Commercial (CI-1) Zone .to and Hawkeye Oil Company have 1 Community Commercial (CC-2) indicated their support for the Zone: LOTS 16 THROUGH 24, ALL OF rezoNng; and WWEREAS, the Planning and SCOTT-SIX INDUSTRIAL PARK, ~ ' Zoning Commission has reviewed JOHN50N COUNTY, ! IOWA CITY, IOWA IN ACCORDANE WITH THE I the proposed rezoning and dater- mined that it complies with the PLAT THEREOF RECORDED IN Comprehensive Plan, provided that BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOWNSON tt meets certain conditions that will ensure appropriate development of COUNTY RECORDER'S OFFICE, ,CONTAINING 10.1)8 ACRES, AND properties along Scott Boulevard, an important entryway into laws SUBJECT TO F~4SEMENTS AND i City; and _ _ ~~ Cam?.. v~~ `--t3t~ ~ ~, WHEREAS, Iowa Code §414.5 (2007} provides that the City of i I Ci S~In consideiatlon of the City'sl rezoning the subject Propert _ 6 1'he ti k owa ty may mpose reasonable A y, , . par es ac nowledge and i oondifions on granting an appal- ~ Owners agree the! development of r agree that this Conditional Zoning ~ cant's rezoning request, over and the subject property will conform to Agreement shall be deemed to be a above existing regulations, in order all other requirements of the zoning f covenant running. with the land and !o satisfy public Heads directly ~ and subdivision ordinances, as well with title to the land, and shall f caused by the requested change; and as the- following additional condi- I bans: remain in full force and effect, ; unless or until released of record b WHEREAS; the Owners acknowl- a) AS each lot subject to this rezon- I y , the City of Iowa City. The parties ~ edge and agree that certain condi- ~ stri tlo a d ti ing is developed or redeveloped, -~ further acknowledge that this agree- men[ shall in t th fit b f ns n re c ons are reason-{ r'able and necessary to ensure that j e i ~ public sidewalks shall qe installed er according the ownerldevalo I b ure o ene e o , and bind all successors, rapresen- ~ the developr nt of the Property is f ? p y latives, and assigns of the parties. consistent,with the Comprehensive ~ to City speciicatlans; 7. The Owners acknowledge and Plan and to ensure appropriate site I i b) On all lots with frontage on Scott all building hway 6 ~ Boulevard or Hi agree that nothing in this I C di . and t uiiding design along Scott Boulevard, an arterial street and , g elevations visible from Scott on tional Zoning Agreement shall be construed to relieve the Owners important: entryway into Iowa City; Boulevard or Highway 6 shall be hich ma i il from complying with all other appli- and y y masonry, w pr mar cable IocaE, state, and federal regu- ' WHEREAS, to satisfy public needs . I include tired brick, stone. or similar lotions. directly caused by-the requested rezoning, the Owners agree to ~ I material, and dressed concrete block and stucco ar like material 8. The parties acknowledge and agree that this Conditional Zoning develop the Property in accordance ; when used in combination with Agreement shall be incorporated by with the terms and conditons of this ~ other masonry finish. Alternative reference into the ordinance rezon- Conditianal Zoning Agreement. buildings materials, such as arohi- t i l ing the subject Property, and that NOW, THEREFORE, in considers- er a s tectural metals or other ma upon adoption and publication of { tion of the mutual promises can- tamed herein, the parties agree as used far decorative treatinent may be substituted if the Director of ~ the ordinance, this agreement shall I be recorded in the Johnson County follows: 1. Streb Investment ~ Planning and Community Development determines that the fi ~ ! Recorder's Office at the Applicant's ', i expense. Partnership, L.C., is the legal title holder of the Property legally es use of such other materials satis ,the intent of this agreement. All ' visible from Scott tion l i Dated this 15th day of July, 2008. ~ CITY OF IOWA CITY described as follows: e eva s slRagenia D. Bailey, Mayor I LO75 19 THROUGH 24, ALL OF k Boulevard shag have a finished Atlest: 5lMarian K. Karr, City Clerk SCOTT-SIX INDUSTRIAL PARK, ' face. Rooftop mechanical equip- 1 , IOWA CITY, JOHNSON COUNTY, IOWA !N ACCORDANCE WITH men[ shall be screened; ~ c) Loading docks and receiving 1 Streb investment Partnership, L.C. ~ By: slMary Joan SEreb, Manager .THE PLAT THEREOF RECORDED areas, garbage dumpsters, outdoor IN -BOOK 38 AT PAGE 137, OF ,storage areas, mechanical equip- Faraway Stores, Inc. THE RECORDS OF THE JOHN- SON COUNTY • RECORDER'S ' ment and other service areas and functions typically.associsied with hall not be ldi f b By; - slFrederick R. Greiner, President OFFICE, CONTAINING 3.46 ui ngs s the rear o ACRES, AND SUBJECT TD EASE- I located in front of or along any Scott ll facin b ildi Hawkeye Oil Company MENTS AND RESTRICTIONS OF RECORD. ~ g ng , wa u j .Boulevard.' When looaled else- ~ By; S1Don A. Petersen, President 2. Hawkeye Oil Company is the legal title holder of the Property l"where' on a+ lot'and visible from I Scott Boulevard, these items shall f 65792 July 23, 2008 , legally described as'folbws: be screened horn view with land- LOT 16 OF SCOTT-SIX INDUSTRI- soaping or a combination of fencing AL PARK, IOWA CfTY, JOHNSON and landscaping, as approved by COUNTY, IOWA IN ACCORDANCE ~ WITH THE PLAT THEREDF~~ the City; ' - d) Landscape beds a minimum o1 5 RECORDED IN t3O0K 38 AT PAGE feat in width shall be provided along 137, OF THE RECORDS OF THE . JOHNSON COUNTY at least 50% of building elevations facing Scott Boulevard, and sha11 be RECORDER'S OFFICE, CONTAIN- ~ planted with a variety of evergreen d A l ING 2.94 ACRES, AND SUBJECT an - and deciduous shrubbery. TO EASEMENTS. AND RESTRIC- ~ soaping plan to that effect shall be TIONS OF RECORD: submitted to the City during site ~, 3. Faraway Stores, Inc. is the legal ~ title hnldar of the Properly legally ~ plan review; and e) Freestanding signs within the described es follows: i development sha11 be limited to one , LOTS 17 AND 18, ALL OF SCOTT- ~ located a1 each vehicular access SIX INDUSTRIAL PARK, EOWA point from an arterial street. CITY, JOHNSON COUNTY, IOWA ~ Individual development lots within IN ACCORDANCE WITH THE the development may provide man- PLAT THEREOF RECORDED IN ' ument, fascia, or other signs as per- BOOK 38 A7 PAGE 137, OF THE ' niiEted by the City's sign regulations RECORDS OF THE JOHNSON an a.lot-by-tat basis, but shall not COUNTY RECORDER'S OFFICE, I provide additional freestanding CONTAINING 3.6& ACRES, AND , SUBJECT TO EASEMENTS AND signs beyond that specified above. ~ If signs are to be lighted, they sha11 RESTRICTIONS OF RECORD. be internally illuminated and incam- 4. The Owners acknowledge and pliance with the City's sign regula- ns j [i ~ agree that, as a component of the ; o requested rezoning, the City wishes 4. The Owners and City acknowl- ~ to ensure conformance with the principles of the Comprehensive ' edge and agree that the conditions contained herein are reasonable Plan and applicable provisions of the original eanditional zoning and necessary addRlonal conditions to impose on the land under Iowa agreement established for these Code §414.5 (2007), and that said properties in 1997, such that the additional conditions era imposed to development of Individual lots along satisfy public needs that are directly i Scott Boulevard acaer in a manner ~ caused by the requested zoning i appropriate for this entryway into the community. Further, the parties ~ change. ~ ' S. The Owners and City ackn~wl- acknowledge and agree that Iowa ' Code §414.5 (2007) provides that ~ edge and agree that in the event the ~ subject Property is transferred, all ed ar subd'svidad redevelo ld the Cify of Iowa City may impose reasonable conditions on granting ~ , , p so redevelopment, divisions, and sub- 1 ~ an applicant's rezoning request, divisions will conform to the terms over and above the axisung regula- ~ of this Conditional Zoning ~ bons, in order to satisfy public Agreement. needs directly caused by the requested zoning.. . 1 "~ i ~,~ .-.~... ®ac't ~Illr~ls" ~s ~ -~ti.ai.._ __ CITY OF IOWA CITY 410 East Washin;ton Street Iowa City, Iowa 52240-1826 [319) 355-5000 (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. 08-4311 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 23rd, 200$. Dated at Iowa City, Iowa, this 12th day of August, 2008. ~- a ulie .Voparil Depu ity Clerk Printer's Fee $ _ ~ • 5 ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 ,r--~_ 2 P Ct -h t° V' I, y~ - being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper .time(s), on the following date(s): ~y ~ ~^ Legal Clerk Subscribed and sworn to before me this_~~i day A.D. 20 ~_• Notary Public ate L3NOA KR07Z ;~ ~ Commission Number 73261 ' My Commission Expires ~+~~ January 27,21)11 - ~ f OFFICIAL PUBLICATION ORDINANCE NO. A8-4311 AN ORDINANC7= .REZONING APPROXIMATELY 9.48 ACRES OF LAND LOCATED SOUTH OF OLIVE COUR7 AND LEANER COURT AND EAST OF MARIETTA AVENUE FROM MEDIUM DENSI- TY SINGLE FAMILY {RS-8) ZONE iv rr..r+nrv¢u uq~w~n. ~..,.. OVERLAY . (OPD-8): {R~Z08- 00001) WHEREAS, the applicant, Jeff Hendrickson, with consent from the owners, Otella, LLC and Gregory B and Carol Neuzil, filed with the Grty Gerk of Igwa City, Iowa an apptica- , don for a rezoning of approximately - 18.48 acres of property from Medium. Oensity Single Family Residential , (RS-8) Zone to Overlay Planned Development 8 (OPD-e) to allow a iSensitvve Areas bevelopment con- sisting of 31 residential condomini- ~ um units; and WHEAEAS, said property is local- , ed south of Olive Court and Learner, Court and east of Marietta Avenue; and t WHEREAS, the Southwest District fPlan identi{ies the area as appropri- ' i ate for medium density single-fami- lylduplex residential development; and i WHEREAS, the proposed develop- , ment will encroach an sensitive fee- } tures, namely a wetland buffer, and ' steep, critical, and protected slopes m a partially wooded ravine, said proposed development therefore . requiring a Level It Sensitive Areas I Review; and 1 WHEREAS, certain variations from ,the underlying zoning and subdivi- ' sion requirements are necessary to a11ow clustering of dwelling units, ' away from the sensitive areas with- in the ravine; and I WHEREAS, the Department of Planning and Community Developmem and the Pubtlc Works `. Department have examined the Sensitive Areas Development Plan, soil stability analysis, and Preliminary Planned Development ,Plan and .recommended approval; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan and Sensitive Areas Development Ptah and atlas due deliberation and consideration of -the application materials, staff rec- ommendations, and public input 'recommended approval: NOW, THEREFORE, BE IT ORDAINED f3Y THE CfFY COUN- CIL OF THE CRY OF LOWA CITY, IDWA: SECTION I. APPROVAL. The prop- erty described below is hereby ' reclassified' from Medium Density Single Family Residential Zone (RS-8J to Overly Planned Development 8 (OPD$) and the associated Sensitive Areas Development Plan ~ is hereby , approved: ' Ottella,'L.LC. Properly ~ Lot 426 University Heights, Third Subdivision, according t0 the plat . thereof recorded in Book 3, Page 140, Records of Johnson County, Iowa; and, The southwest quarter of the north- east quarter of the northwest quay-' ter of Section 16, Township 79 f North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast tor- i ner of the said southwest quarter of northeast quarter of northwest quar- ter at said Sactton 16, thence west- arty slang the north line of said southwest quarter of northeast quarter of northwest queerer of Section 16, 200 feet, thence south to I of by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easements as shown of retard. Also excepting therefrom: Commencing at the Southeast Comer of Lot 412,. University Heights Third Subdivision, as shown on the plat thereof recorded In Plat Book 3, Page 140, Plat ~ Records of Johnson Courgy, Iowa; , thence South 240 feet to the place . of tx3glnning; thence west parallel ' to the South line o1 said Lv7 412, University Heights, Third Subdivision, 124.2 fe9t; thence South 80 feet; thartce East 124.2 feet; thence North t30 feet, tq, the _. 'place of beginning. ~' ~ ' :Gregory B. and Caroi Neuzil ~ Property Commencing at the Southeast Corner of Lot 412, I University Heights Third , Subdivision, as shown on the plat thereof recorded in Plat Book 3, ' Page 140, Plat Records of Johnson County, Iowa; thence South 240 feel to the pieta o1 beginning; , thence West parallel to the South line of said Lat 412, University ' Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. ~' SECTION tl. ZON3NG MAP, , Th0 Building Inspector is hereby authorized and directed to change the zoning map of the Ciry of Iowa City, Iowa, to conform to this r amendment upon the final passage, approval and publication of this ordinance b'Y law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and ~ the associated Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and .the Preliminary Plat and the Sensitive Areas Development Plan ' (sheet nos. 1 through 7) and to ' record the same, at the otTos of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provkted by taw. i SECTION V. REPEALER. All ordi- nances and parts of ordinances in ` conflict wish the provisions of this Ordinance ors hereby repea3ed. SECTION VI. SEVERABILITY. !f any section, provision or part of the Ordinance shell be adjudged to be Invalid or unconstitutional, such ad}"udication shall oat affect the ,validity of the Drdinance as a whole . or any section, provision or part thereof not adjudged invalid or unconstitutional. °SECTION Vil. EFFECTIVE DATE. 'This Ordinance shall be in eTfect ,after its final passage, approval and pudGcativn, as provided by law. Passed and approved this 15th day of Jury, 2008. slRegenia D. Bailey, Mayor Attest: slMarian K. Karr, City Clerk ,65793 July 23, 2008 ~ r ~~~~~ ~~~n~~ ~ C[TY OF IOWA C1TY 430 East Washin;ton Street Iowa City, Iowa 52240-1826 (319] 356-5000 (319] 35~-5009 EAX www,irgov.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. 08-4312 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the ~ 1th day of August, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 20th, 2008. Dated at Iowa City, Iowa, this 8th day of September, 2008. a Julie paril Deputy City Clerk Printer's Fee $ U;~ . CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~~'-~~ n P 1 r~ OC...YI Q~ la, 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(q(s): Legal Clerk Subscribed and sworn to before me this ~' day o A.D. 20 Off y Public LINDA KROTL r"~ t o~ ~ Commission Number 7326 • ~Ay Commission Expit~ or,- Janua 27, 2011 • OFFICIAL PUBLICATION ORDINANCE N0.08-0312 ORf31NANCE AMENDING TffLE 2 OF THE CTfY CODE, ENTITLEO "HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES" TO EXCEPT SMALL , EMPLOYERS FROM D15CRIM1- NATION CLAIMS AND CHAPTER ~ 4, ENTITLED 'ENFORCEMENT,' ~ TO INCREASE THE TIME PERIOD FOR FILING A DISCRIMINATION CLAIM. 1NHEREAS, the City Code present- ly subjects employers with less than four employees ("small employers") to liability for employment discrimi- nation claims; WHEREAS, the fovea Supreme Court recenEly ruled that Iowa City may not subject small employers to liability; . " WHEREAS, the City Code present- ly picvides that complaints must be fled within one-hundred and eighty {180) days pf the' alleged discrimi• natory action; WHEAt:AS, the Governor has ~ signed SF 2292, which goes into ana eignry {780) days Eo three hun- dred (3D0) days; WHEREAS, it Is appropriate Eor the i 'City to increase the time period to }rile a complaint alleging violation of I the City's Human Rights Ordinance ?to make it the same as the lime ,period for tiling a claim under state llaw• and WHEREAS, it is in the best interest of the City to adopt these amend- ments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N- CIL OFTHE CITY QF CITY, IOWA; SECTION I. AMENDMENTS. 1. Title 2, entitled "Human Rights " Chapter 3, entitled "Discriminatory 'Practices," 5ecticn 7, emitted "Employment; Exceptions," Subsection F is hereby amended by " adding the following new Paragraph B: Rny employer who regulady employs less than four individuals. For purposes of this section, individ• uals who are members of the employer's family shall not be counted as employees. 2. Title 2, entitled "Human Rights," iChapter 4, entitled "Enforcement," Section t, entitled "Persons Who ;May File Complaints; Method of .amended by deleting it in its entire- ty and substituting in its place the fallowing new Subsection E: A claim under this title shall not be maintained unless a complaint is tiled with the commission within three hundred (300} days after the alleged discriminatory or unfair practice occurred. SECTION fl. REPEALER. All ordi- nances and parts of ortlinances in Conflict with the t)rovision of this St=GIIUN III. SEVERABILfTY. If any section, provision or part of the, Ordinance shalE be adjudged to be invalid ar unconstitutional, such atljudication shall not affect the validity of the Ordinance as a whole . ar any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION N. EFFECTIVE DATE. This Ordinance shall be in sited after its final passage, approv-al and publica5on, as provided by law. Passed and approved this 11th day of August, 2008. slRegenia D, Bailey, Mayor Attest: SrMadan K. Karr, City Cleric 65206 August 20, 2008 i ~ t ~~•r®~~ ,~~ VIII ~ -a- ~ yNr®~w i CITY OF IOWA CfTY 410 East Washington Street Iowa City, Iowa 52240-182 (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. 0$-4313 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 26th day of August, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 3rd, 2DD8. Dated at Iowa City, Iowa, this 7th day of October, 2008. ~~ Julie oparil Deputy City Clerk Printer's Fee $ ~J CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, 55: 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 times}, on the following dates}: Legal Clerk Subscribed and sworn t before me this ~' day o ~ A.D. 20 1~~ otary Public y"te 11NDA KROTZ ~~ Commiss+on Number 732fi ~~ My Commissitul ExAjres ~5 +~~~ .___ _ ~ ` OFFICIAL PUBLIOATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 08-4313 AN ORDINANCE AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALfNG TITLE 15 IN ITS ENTIRETY AND REPLAGfNG R WrfH A NEW TITLE 15, LAND SUBDIVISIONS WHEREAS, the Comprehensive Plan provides a vision for the orderly growth and development of lows City's neighborhoods, commercial and industrial districts and public spaces; and WHEREAS, the Comprehensive Plan envisions healthy neighborhoods providing an array of housing options for the city's diverse population, a complete and connected street network, quality public infrastructure, attractive and vibrant commercial districts, economically sound industrial districts, preservation of environmental assets and accessible'trails, parks and open space; and WHEREAS, the current Subdivision Gode does not comaln the tools necessary to implement the vision of the Comprehensive'Plan; and WHEREAS, after considerable deliberation and pubic discussion, the Planning and Zoning Commission has rec- ommended approval of a new Subdivision Code based on the Comprehensive Pian; and WHEREAS, the Clty Cound! wishes to update the Subdivision Coda to implement the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the Ciry of Iowa City, Iowa is hereby amended as follows: A. By repealing TITLE 15, "Land Subdivisions," and substituting in lieu thereof the 'TITLE 15, LAND SUBDIVI- 510N5" attached hereto and inoorporatad herein by this reference. SECTION 111. REPEALER, qll ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repeated. S ON SEV AB! . If any section, provi-sion or part gt the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole ar any section, pre- vision or part thereof not adjudged invalid or unoonstitutional. SECTION V. EFF~CTIVI= DATE. This Ordi-Hance shat! be in ettect after its finaE passage, approv-aI and publica- tion. , Passed and approved this 26th day of August, 2008. SlRegenia D. Bailey, Mayor Attest: slMarian K. Karr Title 15 Land 5ubdivlslons CHAPTER 1. GENERAL SUBDIVISION PROVISIONS 15-1-1 Short Title This Title shaft be known as and may be referred to and cited as the Subdivision Code. 15-1-2 Purpose ' This Title is intended to encourage orderly community development and provide far the regulation and control of the extension of public improvements, public services and utilities, the Improvement of land and the design of sub- divisions consistent with the approved Comprehensive Plan, as amended. 15-1.3 Definitions ALLEY: Arropen public way intended for use as a means of vehicular access to abutting properly. BOUNDARY LINE ADJUSTMENT: The reconfiguration of the boundary line between abutting tracts, Icts or parcels that results in conveyance of less than one thousand (1,000) square feet of land. COMMISSION: The Planning and Zoning Commission of the city. DEFICIENCY: An error on or omission from plat specifications andlor other supporting documents required as part of the subdivision approval process including, but not limited to: • Missing or mislabeled easements; • Inaccurate measurements; ' • Missing or inaccurate stormwater calculations; • Mislabeled symbol markings in legends; • Inaccurate street crass-sections; • Building lots that do not meet minimum zoning standards; ' • Or similar. , DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for tax purposes. Abound- j ary line adjustrrtent or the conveyance of an easamenE, other than a public highway easement, shall not be oon- sidered adivision for the purposes of this Title. LOT A tract of land represented and identified by number or letter designation on an official plat. DFF-SITE COSTS: The costs incurred by,a developer in constructing, improting, or otherwise extending public improvements from existing public improvements through or along property not owned by said developer to the boundaries of property under developmeht and which improvement are capable of serving other properties. OUTLOT: a portion of a platted subdivision or other parcel of land not intended by its owner for immediate devel- opment. An outfot may also be a tract or parce! of Eand within the subdivision intended for shared use by the resi- dents of the subdivision or by the public, e.g. public or private open spaces andlor walkways. PARCEL: A part of a tract of land. PUBLIC IMPROVEMENTS: The principal structures, works, component parts and accessories of public infra- structure that become part of, are placed upon, or aMoced to real estate, including, but not limited to: • Sanitary sewers; • Storm sewers, file lines or pipes and drainage swales; ' • Bridges and culverts; • Streets, trails, and sidewalks; • Water mains; • Storm water management facilities; • Public open space improvements. STREET, ARTERIAL: A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic. "Arterial streets," as referenced in this Title, are those streets shown on the Johnson County Council of Governments {JCCOG}Arterial Street Plan, as amended. STREET, COLLECTOR: A street, the principal function of which, is carrying traftie from Iacal streets to aneria! streets. STREET, CUL-pE-SAC: A local street terminating in a turnaround. STREET, LOCAL: A sheet used primarily for access to abutting property and far moving Ioca1 traffic. y °~ 1 l STREET, LOOP: A local street with two (2} intersections with another street in an alignment roughly in the shape I of a "U." v I STREET: A public or private street as defined in this Title. ~ STREET, PRIVATE: Aprivately-owned way that is intended to afford a means of access to abutting property and tar moving local traffic. { STREET, PUBLIC: Aright-of-way dedicated to and accepted for public use, which affords a means of access to abutting property and a means of vehicular travel, A public street is owned or controlled by a government entity. i SUBDIVISION: Division of a tract, lot or parcel of land into three or-more lots. ~ SUBDIV1510N PLAT: the graphical representation of a subdivision of land, prepared by a registered land survey- or, having a number or latter designatien for each tot within the plat and a succinct Hama or tiNe that is unique far the county where the land is located. ' SUBDIVISION PLAT, MAJOR: A subdivision plat that involves the construction of one or more new streets, selec- five access drives or street extensions. SUBDIVISION PLAT, MINOR; A subdivision plat that does not involve the construction or extension of streets. 15.1-4 Establishment of Control ' A. Any plat or replat of a subdivision of land located within the City under the Code of Iowa, as amended, shall be certified as approved by the Mayor and City Clerk and the cerGflcation affixed to the plat or raplat only after approval by a resolution of the City Council as se! forth in this Title. B. Pursuant to section 354.8, Code of Iowa, as amended, all subdivisions located within two (2J miles of the City's corporate boundaries shall be subject to City review and approval, except for thoso areas exempt from such review pursuant to the Johnson County! Iowa City Fringe Area Agreement. C. Any division of a tract, !ot nr parcel shall be administratively reviewed and approved 6y the City Manager or designee tar compliance with the Zoning and Subdivision Codes. Prior to recording, a division shall be certified as approved by the City Manager or designee. t5~1-5 Issuance Of Bultdtng Permits Restricted ' A. Where a subdivision is required, the City shall not issue a building permit far construction on any lot, parcel or tract unless and until: 1. A final subdivision plat has been approved and recorded; and ' 2. The City approves subdivision erosion control measures in accordance with this Title; and; 3. The City accepts the public improvements as specified herein, with the exception of sidewalks and stormwater management facilities, said exceptions being allowed after building construction has commenced as set forth here- in. B. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 1 D percent thereof as specified in para- graph 15-2-3C-8. C. No building permit and no certificate of occupancy shall be issued for any division unless such division has been approved as set forth in This Title. . 15-1-6 Development Acttvlty Restricted A. No person, owner or responsible party shall do any grading in any areas as described in Chapter 17-5, Grading' Ordinance, without first obtaining a grading permit from the Building Official. B. No person, owner or responsible party shall do any grading in any areas as described in section 17-8-15, Construction Site Erosion and,Sediment Control, without first obtaining a Construction Site Runoff (CSR} Permit Erom the City. C. Unless specifically exempted, an application for Sensitive Areas Review must be submitted to and approved by the City prior to woodland clearing, grading ar any development activity an tracts of land or portions of tracts of land where any regulated sensitive features exist, as specified in Article 14-51, Sensitive Lands and Features. A Sensitrve Areas Review may occur concurrently with Subdivision Review as set forth in this Tir}e. D. No public improvements shall be installed without approval of construction plans by the City Engineer or designee. 15-1-7 City's Right To Install Improvements A. If the subdivider, its assigns or successors in interest, sell or convey lots in a subdivision without constructing or installing the public improvements, the City shall have the right to install and construct such improvements. The Costs of such improvements shall be a lien and charge against all the lots in the subdivision under the provisions of the Code of Iowa, as amended, except the cost of installing sidewalks, which shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by State law for assessing such improvements. The require- ment to Construct such improvements is and shall remain a lien from the date o1 final plat approval until properly B. When required improvements have been installed to the satisfaction pf the City, the City will, upon request, promptly issue to the subdivider, tar recording in the County Recorder's office, a good and suRicient release to var- ious lots in such subdivisions So that ffiis Seelion will not constitute a cloud upon the title of Ehe lots In the subdivi- sion. However, with regard to the subdivider's obligation to construct stormwater management faciities, the provi- sions of paragraphs 1 and 2, below, apply. 1. With respect to a subdivider's obligation to construct stormwater management tacifitlas, the City shall provide a partial release for the development from any liens or clouds on title to the development by reason of such stomtwa- ter management obligations, provided the City Engineer Certifies that the following conditions andlor events have oCCUrad: a. The facilities have been substantially completed; b. An escrow amount has been established with the City in ctrl amount approval by the City Engineer, to which the City's lien should attach immediately upon execution or recording of the partial release; 2. The City agrees to issue a total release tar the facilities upon certification by the City Engineer, in writing, that all of the Following events and/or conditions have been substantially completed: a. Permanent ground cover is established and moveable; b. Erosion and sedimentation era controlled in conformance with the approved plans and specifications; c. The facilities are complete; d. Atl land within the tributary area in the development, ar a Sesser amount of land as approved by the City Engineer, has been developed. 15-1-8 Exceptions A. Modifications of Requirements 1. Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify ar waive the requirements of Chapter 3 of this Title, Subdivision Design and Required Improvements, pro- vlded one of the following qualifying circumstances are mat: a, [f the subdivider can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would result in extraordinary hardship because of excessive costs due to non-self-inflicted conditions; and if the subdi- vidercan demonstrate that strict compliance with the requirements of Chapter 3 of this Title would conflict with the objectives of these subdivision regulations; or b. If a subdivider Can demonstrate that strict compliance with the requirements of Chapter 3 of this Title would result in subdivision design that would compromise public health or safety, or could result in the substantial degradation of natural ieaiures even after application of appropriate provisions of Article 14-51, Sensitive Lands and Features. 2. City Council may act to vary, modify or waive a requirement only if it finds that the public safety and interest is protected and that such vadance, modification, or waiver wilt not hinder development of neighboring properties and that the variance, modification or waiver will not nullify the Intent or purposes of this Title or of other Titles of the City Code. B. pity Cauncll Action The City Council must approve any variance, modification, or waiver of the general requirements set forth in this Title and must note this approval in the resolution approving the final subdivision plat, 15-1-9 Selling Before Approval; Penalties A. Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any Aerson or persons to agree fo transfer or sell or fo transfer or sell any land which corms a part of a subdivision requiring City Council approval under this Title before City Council grants final subdivision approval. Each such agreement, transfer or sale shall be deemed a separate violation. ' B, It shall be unlawful for any person or persons to agree to or attempt to transferor sell, or to transfer or sell any tlivision which requires approval under this Title without first having obtained approval by the City. Each such attempt, agreement transfer or sale shall be deemed a separate violation, C. In addition to the foregoing, the City may institute injunctive, mantlamus or other appropriate action or proceed- ings to prevent any pending sale or transfer or to prevent any further sale or transfer in violation of this Title. 15-1-10 Penalties Generally ' Any violation of this Title shall be considered a simple misdemeanor or Municipal infraction or environmental infrac- tion as provided far in Title 1, Chapter 4 of the City Code and shall be subject to the penalties specified in 1-4-2D, except for environmental infractions, which shall be subject to the penalty for same as specified in 1-4.2B-2, as amended. Each day shat a violation occurs andlor Is permitted to exist constitutes a separate offense, and civil andlor criminal penafUes shall be Computed accordingty. CHAPTER 2. PLATS AND PLATTING PROCEDURES 15-2-1 Concept plan A. Appllcabllity Whenever the owner of any tract or parcel of land within the corporate limits of the City or within 2 miles thereof wishes to make a subdivision of the same, the owner or the owner's representative shelf submit a concept plan to } the Department at Planning and Community Development for review prior to submission of a preliminary plat. B. Submission Requirements The concept plan must include the following infomtation: 1. The proposed layout of streets, lots, location of stormwater facilities, and open space. ' 2. General topography, based on existng topographic maps or other resources. The property is not required !o be surveyed at the concept plan stage. i 3. Approximate footprints of any existing above-ground man-made features located on the subject property, includ- ing buildings and other structures, streets, sidewalks, etc.; 4. Surrounding land uses and approximate location of building footprints on abutting properties; i S. Sensitive features, including streams, wooded areas, known wetlands or potential wetlands, known archeologi- cal sites, etc. I~ 6. Dtlter necessary information pertaining to the existing conditions of the property, as requested by the City. C. Review of concept plan i' 1. Upon receipt of a concept plan tfie Department of Planning and Community Development shall review the con- ~ cept plan in the context of the standards of this Ti@e, other City Code requirements, and Comprehensive Plan pol~- ties, and will have the discretion to solicit comments from other city departments. 2. Ttie Department of Planning and Community Development will provide general written comments to the appli- cant within 20 business days of receipt of the concept plan based on the information submitted by the applicant. These comments are intended to provide guidance to the applicant in preparing the preliminary plat and are not to be construed as comprehensive with regard to compliance with the City Code. 3. The Preliminary i tat sfisil noE be filed until said written comments regarding the concept plan era provided to the applicant. 15-2-2 Preliminary Plat A. Submission Required; Waiver 1. After conferring widt the Depanmeni of Planning and Community Development on the concept plan, the owner or owner's representative shall submit to the City Clerk twehre (12) Copies of a preliminary plat for consideration. This submission must include accurate and complete information as set forth in subsection 15-2-2B, below. 2. The City Manager or designee(s) will check the application far accuracy and completeness. A "complete appli- cation" shall mean the following: a. A plat with accurate measurements and dimensions and easements identified; and b. Alf information as specified in 7$-2-29, below, has teen submitted; 3. The applicant will be notified of deficiencies andlor discrepandes or if an application is incomplete. If an appli- cation is found to be incomplete, the City will inform the applicant and reserves the rigfit to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations far the applica- tion under review will be the date when a complete application is submitted. 4. The City may waive submission of the preliminary plat it the final plat includes all the requirements of the pre- B. Plat 5peclflcations and Accompanying Information 1. The preliminary plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); hpwever, if the resuhant draw- ing would be larger than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" = 106'), In additon, a digital version of the plat must be submitted as per City specificaEions. Each plat must include the following information: a. Legal description, acreage and name of proposed subdivision; ' b. Name(s) and address(es) of owner(s) and subdivider; c. Names of the persons who prepared the plat, owner's attorney, representative or agent, if any, and date of prepa- ratian; d. North poinE and graphic scale; e. Contours et 5-foot intervals or less;' f, locations of existing lot lines, streets, public utilities, water mains, sanitary sewers, storm sewers, drainpipes, cul- verts, waterwurses, bridges, railroads, buildings, slonn water detention facilities and any other public improve- ments in the proposed subdivision, ~~ << ~ g. The existing streets and Gity utilities on adjoining properties. ~ h. Layout of proposed blocks {if used) and lots, including the dimensions of each, and the lot and block number in numerical order. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the plat. i. Location of any proposed outlot{s), identified with progressive~tetter designations, and the purpose of said out- lots) clearly specifed on the plat- - j. Proposed location of clustered mailboxes. k. Location and widths, other dimensions and names of the proposed streets, alleys, roads, utility and other ease- ments, parks and other open spaces or reserved areas. I. Grades of proposed streets and alleys. m. Across-section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving and sidewalks to be installed. n. The proposed layout and size of water mains and sanitary sewers. o. Proposal for drainage of the land, including proposed storm sewers, ditches, swales, bioswales, rain gardens, culverts, bridges, storm water management taci]itias and other structures. ~ p. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. 2- The preliminary plat shall be accompanied by the following information: a. A location map with north point showing an outline of the area to be subdivided. b. A grading plan, including proposed methods for the prevention and control of soil erosion, pursuant to the Grading Ordinance, Chapter 17-B of the City Code. c. If access to State routes is proposed, the plat must be submitted to the Iowa Department of Transportation for review. Comments from the Iowa Department of Transportation must be submitted with the proposed plat. d. For properties containing regulated sensitive features as specified in Article 14.5! of the City Coda, a Sensitive Areas Development Plan must be submitted as set forth in Article 14-51. C. Fees i A fee shall be paid at the time the preliminary plat ar any combination ai preliminary plats andlor plans is submit- ted to the City Clerk, in the amount established by resolution of the Ciry Council. 1 D. Review of Plat; Approval or Disapproval 1. Upon filing the preliminary plats as required by this Section, the City Glerk shall forward 11 copies of the_ pre- , liminary plat to the Department of Planning and Community Development. 2, The Department of Planning and Community Development shall distribute said copies to the appropriate City Deaartments for review as designated by the City Manager. 3. Said designee(s) shall examine the plat and application to insure compliance with the requirements of this Title, other relevant provisions of the City Code, Comprehensive Plan policies and with State law. Upon completion of examination, the Department of Planning and Community Development shalt forward a written report, including rec- ommendations, to the Planning and Zoning Commission. No plat shall be forwarded to the Planning and Zoning . Commission with more than six {6) deficiencies. 4. Following staff evaluation, the owner or owner's representative must submit ten (10) revised copies of the plat for distribution to tho Planning and Zoning Gommission. 5. The Commission shall study the revised preliminary plat, review the application of the owner and review the j report from the Department of Planning and Community Development. j 6. The Commissicn shat] recommend approval or disapproval of the plat within 45 calendar days of the date the 4 City receives a complete application, or the preliminary plat shall be deemed to be approved by the Gommission. The owner or owner's representative may, however, agree to an extension of Hme. 7. After receipt of the recommendation of the Commission or after the time of any extension has passed, the City Council shall, by resolution, approve or disapprove the preliminary plat. E. Effect of Approval Approval of a preliminary plat py the City Council does not constitute approve[ of the subdivision but merely author- izes the subdivider to proceed with the preparation of the final plat. In the event the City Gouncil approves the pre- liminary plat and the Tina[ plat submitted does not materially and substantially deviate tram the preliminary plat and it inspection by the Ciry reveals that alt plans and specifications for construction of improvements, as required by Ehe City, have been mat, the final plat shall be approved by the City Council. Approval of the preliminary plat shall be effective (or a period of 24 months unless, upon written request of the owner or subdivider, the City Council, by resolution, grants an extension of lime. If the final plat is not tiled with the City Clerk within 24 months, all previous actions of the City Council with respect to the plat shall be deemed null and void. 15-2.3 Flnal Plai A- Submission Required i. After approval of a preliminary plat or if the requirement for preliminary plat has been waived by the Ciry Council; the owner ar owner's representative shall submit to the City Clerk twelve {12) copies of a final plat for review. Said final plat must be submitted to the Ciry Clerk within 24 months of approval of the preliminary plat, unless an exten- sion has been approved by the City Council. This submission must include accurate and complete information as sst forth in 15-2-3B and 15-2-3C, below. 2. The Department of Planning and Community Development will check the application for accxaracy and com- pleteness. A "complete application" shall mean the following: , a. A final plat with accurate measurements and dimensions, and with easements correctly identified; b. An arcurate legal description; c. All required legal documents and accompanying instruments as specified in 15.2.36 and 15-2-3C, below; d. Construction plans according to the specifications of the Gity Engineer; 3.7tte applicant will be notified of deficiencies and/or discrepancies ar if an application is incomplete. If an appli- cation is found to be incomplete, the City will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations far the applica- tion under review wit! be the date when a complete application is submitted. 4. Upon approval by the City, a final plat may include only a portion of the development illustrated on the prelimi- nary plat if that portion can function as a separate development, Including access and utilities, and if no essential public infrastructure extensions era delayed. Whether or not said infrastructure is essential in nature shall be deter- mined by the City. ' 5. The applicant shall note any variations from the approved preliminary plat. Requests for minor changes that do not constitute substantive changes may be approved administratively without requiring an amendment to the pre- liminary plat Substantive changes, including but not limited to the layout and location of streets, tats, and outlots, changes to the proposed uses of the various lots and outlots, and otrier similar changes that would result in a sub- stantive change to the character of the subdivision may result in the necessity to file an amended preliminary plat. B. Specifications The final plat shall meet the following specitlcations: 1. The plat shag be drawn to the scale of one inch to 50 feet (1" = 50~; provided, however, if the resultant drawing would tre of larger dimension than 24 inches by 36 inches {24' x 36"), the plat shall be submitted at a scale of one inch to 10D feet (1' = 1DD'). 2.7weMe (t2) prints of the final plat shall be submitted showing the following information: ~ a. Accurate property boundary lines, with dimensions and bearings or angular dimensions, which provide a land survey of the tract, closing with an error of not more than one foot in t0,Oflr3 feet. f b. Accurate references to known perrnanent monuments, giving the bearing and distance from some comer of a tat or block in the City Ea some corner of the congressignal division of which the City or the addition thereto is a pan. i c. Accurate locations of all existing end recorded streets intersecting the properly boundaries of the tract. d. Accurate legal description of the property boundaries. e. Street names and street right-of-way widths. ' f. Complete curve notes for all curves Included in the plat. ~ g. Street center lines with accurate dimensions in feet and one-hundredths of feet with bearings or angular dimen- . stone to street, alEey and lot lines. i h. Lot numbers and lot line dimensions. For lots where the lot width Is different from the lot frontage, the lot width ~, must be indicated on the plat. ~ i. Block numbers, ff used. f j. Accurate dimensions for any property to be dedicated or reserved,for public, semi-public or community use, ~ k. Location, type, material and size of all markers. I. Name and street address of the owner and subdN'tder. m, Name and street address of owner's or subdividet"s attomey, name of persons who prepared the plat and the !1 date of preparation. n. North point, scale and date. o. Certification of the aac[rracy of the plat by a registered land surveyor of the stale. p. Location and width of easements for utilities. q. Certification by the utility companies that utility easements era properly placed for the installation of utilities. r. A signature block for endorsement by the City CEerk certifying the City Council's approval of the plat. s. A note on the plat stating, "Hates on this plat are not intended to create any vested private interest in any stated use restriction or covenantor create any third party beneficiaries to any noted use restriction or covenant. 3. The applicant shall submit a digital version of the final subdivision plat a5 part of the application process. once the plat has been approved by the City Gouncil, a final copy of the digital version of the plat shall be submitted to the City Engineering Department. Said final digital copy sha11 be compatible with the Johnson County Geographic IMormatian System and Ciry of Iowa City mapping system. Specific formats, procedures, and methods needed to meet this requirement will be updated as changes in technology occur, C. Accompanying Documents The Tina! plat shall also be accompanied by the following documents: t. Owner's Statement An acknowledged statement from the owner and the owner's spouse, it any, that the subdivision as it appears on the plat is with their tree consent and is in accordance with the desires of the proprietor and the proprietor's spouse. This statement may Include the dedication to the public. 2. Dedications Dedication of streets end other public property, including perpetual easements for the installation, operation and maintenance of City utilities. 3. tNOrtgage Holder's or Lienholders Statement An acknowledged statement from mortgage holders or lienhalders that the plat is prepared with their free consent and in accordance with their desire, as wo11 as a release of mortgage for any areas dedicated to the public. 4. Encumbrance Certificates If there is no consent from the mortgage holders or lienholders as specified in 3, above, and if the land being plat- ted is encumbered in the manner set put in the Code of Iowa, as amended, a certiTicate shat! be fated with the County Recorder showing an encumbrance bond in an amount double the amount of the encumbrance and approved by the Recorder and Cleric of the District Court. The bond shall run to the County for the benefit of the purchasers of the land subdivided. 5. Attorney's Opinion ~~ An opinion from an attomey at law showing that'the fee title is in the owner and that the land platted is free from ~ encumbrance or if encumbered, listing the encumbrances and the bonds securing the encumbrances. 6. Construction Plans A complete set of construction plans for all public improvements, meeting City speClfications, must be submitted to the Ciiy Engineer's Office. 7. County Treasurer's Certificate 1 t A certified statement from the County Treasurer that the land being platted is free tram taxes. 8. County Auditor's Certificate ' A certified statement from the County Auditor approving of the name or title of the subdivision as succinct and urtrque to Jahrtsan County. . 9. 5ubdivider's Agreement a. An agreement executed by the subdivider which agrees, as a aovenant running with the land, that the City sha11 not issue a building permit for any lot in the subdivision until the subdivider installs the public improvements, except sidewalks, according to plans and specifications approved by the City Engineer and unfit the City Engineer approves subdivision erosion control measures. If the subdivider desires a building permit print to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improve- ments plus 10 percent thereat in cash or an irrevocable feller of credit payable to the•City in a form approved by the City Attorney. At the City's discretion, this escrow may be divided by the number of lots in the subdivision and collected on a per Eot basis prior to the issuance of a building permit. Subdivider must further.agree, as a covenant running with the land, that subdivider will. install sidewalks abutting each lot in the subdivision as set forth In this Title, that the obligation to install the sidewalks remains a lien on the tots abutting the sidewalk until released by the City and that, in the event subdivider fails to install the sidewalks, the City may install the sidewalks and assess the total cost against the property without meeting the requirements of notice, benefit or value required by State taw for assessing improvements. b. The subdivider's agreement shall state that the subdivider, including its grantees, assignees and successors in interest, agrees that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will no! be extended to such subdivision until the pavement is completed and accepted by the City Council by resolution. c. The subdivider's agreement shall state: "Plat notes and surveyor's Hates on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended !o create any vested private interest in any stat- ed use restriction or cotenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by taw, to a{ter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated tot public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat andlor relocate-any easement, slier lot boundaries or allow said land to be replotted subject to any applicable public notice and approval procoss required by law.' d. The subdivider's agreement may Include other conditions peculiar to the subdivision a5 allowed by law. ip. Iowa Department of TranspArtation Permits Approvod IDOT permits must be submitted, if required. ~~, ~~-~t~ ~.~, ~ ~ 5 D. Review; Approval or Dlaapproval . 1. Upon the filing of the final plat as set forth above, the City Clerk shall submit t1 copies of the final plat and the application to the Department of Planning and Community Development. 2. The pepartment of Planning and Community Development shall distribute said copies to the appropriate City Departments For review as designated by the City Manager; ' 3. Said designee(s) shall examine the application, the plat, Ehe construction plans, and the legal documents to insure compliance with the requirements of the City Code, State law, and the preliminary plat. 4. subdivider and shall 5. Upon completion of said review staff shall recommend approval Cr disapproval of the plat within 45 calendar days ' of the date the City received a complete application, or the fine! plat shall be doomed to t>e approved by the staff. The owner or subdivider may, however, agree, in writing, to an extension of time. 6. Following stall evaluation, the owner or owner's representative shall submit a digital version, a transparent repro- ducible copy and 8 prints of the revised final plat with the signatures of the surveyor and the respective utility com- panies to the City Clerk. 7. After receipt of the recommendation of the staff or after the time of any extension, the City Council shalE, by res- olution, approve or disapprove the final plat. The City Council must take action on the final plat within 60 calendar days of submission of a complete application for a final plat to the City Clerk. If the City Council does not approve or disapprove the plat within 60 calendar days, the final plat shall t>e deemed approved. The owner or subdivider may, however, agree, in writing, to an extension of time. CHAPTER 3. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS 1`r3-1 General Requlrementa A. Design of the subdivision shall comply with the standards of, this Chapter, provide for the orderly growth and development o1 the City, demonstrate consistency with the Iowa Ciry Comprehensive Plan and any speafic adopt- ed district plans, and take into consideration the natural features of the site and patterns of adjacent development. B. The subdivider of property shall be responsible far constructing all public improvements associated with the pro- . posed subdivision according to City Code, unless exempted from such requirements according to the provisions herein. , C. Public improvements, as defined in this Title, shall 6e constructed and installed according to the standards established by the Ciiy. Copies of said standards are an file in the office of the Ciry Engineer. 15-3-2 Streets and Circulation A. Connectlviry of Streets, Sidewalks, and Trails Subdivisions shall provide for eontinuatien and extension of arterial, collector and local streets, sidewalks and trails in accordance with the following standards. t. Arterial streets must tx: located and extended in general accordance with the JCCOG Arterial Street Plan and Iowa City Comprehensive Plan. 2. All streets, sidewalks, and trails should connect to other streets, sidewalks, and trails within the development, and to the properly line to provide far their extension to adjacent properties. Each subdivision must contribute to t the larger interconnected street pattem of the Ciry to ensure street connectivity between neighborhoods, multiple travel routes resuRing In the diffusion and distribution of traffic, efficient routes far public and emergency services, and to provide direct and continuous vehicular and pedestrian travel routes to neighborhood destinations. 3. The road system shall be designed to permit the safe, efficient, and orderly movement of vehicular and padas- ' trian traffic; to meet the needs of the present and future population served; to have a simple and logical pattem and allow that pattem to continue through adjacent prCperties; and to respell natural features and topography. 4. Use of cul-de-sacs and other roadways with a single point of access should be avoided. Cul~e sacs will be can•. sidered where It can 6e clearly demonstrated that environmental constraints, existing development, aaess limita- tions along arterial streets, or other unusual features prevent the extension Cf the street to the property line or to I interconnect with other streets within or abutting the subdivision. B. Minimum Access $ffinderds Adequate street access to en area or neighborhood is required as part of subdivision approval or prior to the • approval of additional subdivision lots. The standards in this subsection are intended as minimum standards in 1 areas where connectivity is limited by topography, previous development patterns, or other unusuak features and shall not be used as a means of circumventing the street connectivity standards set forth in subsection A, above. • The following guidelines will be used by the City in determining whether additional street access is a prerequisite to additional lots or developable parcels being approved by the City. , 1. Additional access may be required if a proposed development will result in any portion of a street that provides a single means of access to an area being overburdened with traffic. 'Overburdened' shall be defined as a pro- jected volume which exceeds the midpoint design volume as follows: a. focal street: Sao vehicles per day b. Collector street: 2,500 vehicles per day 2. Projected traffic volumes sheik be determined by using the most recent Average Daily Traff€c count when avail- able, and adding ft to projected traffic generation as detemrined by the City. In the absence of a recent traffic count, projected traffic volumes shall be calculated by using projected traffic generation for both existing and proposed development. 3. Additional means of access may also be required if any of the tollowing conditions exist or will exist if additional - lots or developable parcels are approved:' a. There are physical features that may increase the probability of blockages along the single means of access to the development. These physical features include but are not limited to: slopes 8%'or greater; floodplains as des- ignated by the Federal Emergency Management Agency; a bridged or culverted roadway; trees adjacent to the roadway with trunk diameter greater than four inches; a grade separated highway; or a railroad. b. The existing access is insufficient to provide efficient, seta, andlarcest-effective routes for the provision of pub- ~~~i c. The street, which provides a single means of access to the area, is a local or collector street along which there are existing or proposed facilities that may increase the probability of pedestrian-motor vehicle con111cts. These facilities include but are not limited to schools, daycare centers and parks. d. There are land uses located along the subject street that serve spacial populations, which may increase the vol- ume of emergency vehicle !rips. These uses include but are not limited to adult daycares, facilities serving elderly persons, or persons with disabilities, 4. For a situatipn requiring additional means of access based on the above criteria, a single means of access may t>e permitted as a temporary condition. A temporary condition is one in which there is secured, written asserrance from the private subdivider that the road, which will provide the necessary access, wiEl be constructetl within three years of development or, altemativety, said access is scheduled for construction no later than the third year of the then current Capita! Improvements Program of the City. C. Street Types Table 15-t, Standards for Street Rightsof-Way, provides a summary of various street types. The information in this table is intended to provide guidance for the design of the street network within a subdivision. When designing a subdivision, street types should be chosen based on the intended function of the street and anticipated level of traffic: Tha City will review the proposed streets and determine the appropriate street type based on the factors set forth in this section. ' D. Dedlcatlon of Right-ot-Way Land shall be dedicated to the City for all public street dghts-0l-way within the development and for any public street right-of-way that is neoded for streets that abut or will abut the development. s Ta61e 15-1: Standards for Street Ri hts-of-Wa 1Ntuten.um ~ Pavemenf:width fE TraveI...a.... Paf kfing .. :~rimum Stdew~k Right-of=w•Ay ~ Lopes ~ Crade lildth w-+dth -~ Reskdenda! AIIevlRear l.anc 20 1L l6 R.. 2 No i2% N1A Cpmntereial AlteylRear Lene 20 ft. minimum 20 ft., varies 2 No • IO°/ N!A !varies Coop Strc¢i ~ 1 Op ft. 22 R. l shared Yes, on nne 10 % 4 fl. minimum / side rcsiden[ial . - varies; side of street onl Low colutne Ctrirtte-sar ~ SR R. 22 ft. ]shared Ycs, on one 10°~ 4 R. bo[h side sides - Crtl-de-snc~ - . ~ 40 ft. 26 or 28 R 2 Yes l0% 5 fl. bath sides l,ocai Residen6aiSfreet - 60 ft. 24 or 26 R. 2 ~ Ycs F2% 5 R. both sides Local Comtnercisllladpstriat 60 R. 261E 2 Ycs 8% 5 R. both Street sides Collector Street (all Isnd uses) 66 ft. 3 i ft. 2 Yes l0°/ for 5 R. bo~kt residential; sides B % far • ~ commercial or industrial Collector Strrei:w! bike lanes 64 ft. 34 R. 2 No B % ~ 5 ft_ both sides 2-tape Arterial Street I00 ft. 31 ft. 2 No 8 % B ft. one minimum side 1 i ft. one side Arterial SrreetiVlliike lance l00 ft. 34 ft. 2 No B % 8 ft. one minimum side 15 R. one side 4-laac Arterial Street - I00 R. 54 ftJ varies 4 No 8% 8 fi, one minimum depending if side 1 S R. median is included nne side Arterial Street w# parking 100 R. varies: based on 2 Ycs B% 8 R. one minimum; more number of lanes side I S R. maybe required and whether one side depending on parking is perallcl parking or angled. confi lion 3-Eaac Arterial Street 100 ft. 44 R,! varies 3 No 8% 8 1L one minimum depeuding if - side l S ft. median is included one side Loop streets provide access far l2 or fewer dwellings. ~ Low volume col-de-sacs provide access to l0 or fewer single family dwellings a Por residential streets with less than 28 feet of vcment width, arkin is rcstritled to one side. E. Measurements and Construction Standards 1. All right-of-way improvements must be designed and constructed according to the design and construction stan- dards established by the City. Said standards are on file in the office of the City Engineer. 2. All street widths shall be measured back-of-curb to back-ot-curb. 3. The minimum outside radius of file pavement of col-de-sac bulbs and loop streets is 39 feet. A center median is required at the center of the cul-de-sac bulb with a minimum radius of 11 feet. For loop streets a median is also required with a minimum width of 3D feet. In residential areas, center medians for cul-de-sacs and loop streets are required to be landscaped tp at least the St standard a5 described in Article 14-SF, Screening and Buffering Standards. The sutxiivider's agreement shall designate and set forth procedures for property owners or a home- owner's association to maintain the landscaped area within the center median of loop streets and col-de-sacs. Said instrument-shall provide that if said services are not provided es required therein, the City shall have the right to perform said services, and the cost thereof shall be a lien and charge against elf of the subject tots. F. Street Intersections 1. A maximum of four legs are allowed at any one intersection. 2. The distance between street intersections must be aE feast 125 feet centerline to centerline. 3. Intersections of street center lines shall be between 80° and 100°. 4. Corner lots abutting on an arterial or colltictor street shall have a minimum radius of fifteen feet (15') at the inter- section. - 5. Dead end streets and alleys are not permitted excep! at subdivision boundaries abutting undeveloped areas. In such cases a temporary tire-apparatus aatommodating tom-around may be required and, if required, must be con- structed to City specifications. G. Traffic Calming Features r 1. The street network, block length, and layout of lots should be designed. in a manner that discourages speeding traffic and unsafe driving behavior. 2. In order to minimize the potential for speeding traffic and create a safer environment for pedestrians and bicy- cles, the City may also, In cases where it is warranted, require traffic calming features to be designed into the sub- division. Those #eatures may include but are not limited to discontinuous sfrests, curb extensions, raised cross- walks, medians or traffic circles, . _ .~ -- • - - - -• -- Q fi. Street Names . , _ . _ - . The Ciry reserves the right to deny the use of street names that are not in the public interest. Street names must be consistent with the folkmring standards, unless an exception is approved by the City: 1. In order to ensure safe an efficient provision of public and emergency services, each proposed street name shall be distinct from other street names within the larger metropofrtan area; 2. Street names that are overly lengthy, difficult tv pronounce, or that may be considered inappropriate or unap- pealing shall be avoided; 3. For new streets, the following rules appy: a. The term "street," should be used for anon-dead-end roadway aligned in a north-south direction. b. The term "avenue" should be used for anon-dead-end roadway aligned in an east-west direMicn; o. The term "boulevard,' "road," or "drive" may be used for a roadway that is aligned neither in a,north-south nor east-west direction, but which changes direction or meanders; d. The farms "lane," "court," yr "circle," or "place" should be used for cut-de-sacs or tow volume loop streets. 4. Cul~e-sacs or low volume loop streets may use Ehe same name as the roadway with which it intersects. For example, a cul-de-sac that intersects with Rose Avenue may be named "Rose Court." However, if more than one cut-de-sac or loop street intersects with Rose Avenue, an additional "Rose" name may not be used. 5. Similar names may not be used far streets that are in different locations within the city. For example, the name, "Rose Drive," may not be used in one neightwfiood, if.there is already a "Rose Avenue" in a different neighbor- hood. • I. Private Streets - f.Private streets in single family residential areas are not allowed. 2. Requests for private streets in mufti-family, vommercial, and industrial areas will be considered, provided that connectivity to adjacent properties is not needed and the responsibilities far maintenance, snow removal, garbage service, and street sweeping is clearly established according to the provisions of paragraph 3., below. 3. If private streets are approved, the subdivider must submit a legally binding instrument setting forth the proce- dures to be followed for maintaining private streets and providing garbage service, snow removal, street sweeping, and for tinancing these services. Such costs shall be shared by elf owners of property located within the subdivi- sion, or designated portion thereof, through the use of an owners association or other entity satisfactory to the City. Said instrument shall provide that if said services are not provided as required therein, the City shall have the right to perform said services, anti the cost thereof shall be a lien and charge against off o(the owners of tots so desig- nated in the subdivision. J. Cast sharing for pavement overwldth In the avant artadal ar collector streets are required in a subdivision, the City shall pay for the excess pavement required over that required fora 28-foot wide local street. The Ciry Engineer shall calculate the excess cost. Such cost-sharing shall be according to the procedure set forth by the Ciry Manager. Any payment for pavement over- width by the City shall be pursuant to State law. K. Cast sharing for stmt upgrades t. At the discretion of the City, subdivisions may be approved that access existing public streets that do not meet City standards, provided the subdivider contributes toward the future reconstruction cast of bringing the segment of the subject street that abuts the subject property to City standards. When determining whether such an approval will be granted, the City will evaluate the street based on factors such as roadway surface, sighs distance, antici- pated traffic levels, acrd pedastrlanlbicycle favilltles. If the City permits a development to access a street that does not meet City standards, the subdivider shall contribute to the cost as follows: a. Local Streets Local streets are streets that serve as access to property and carry insignificant amounts o1 through traffic. Therefore, the subdivider shall pay 10096 of the cost of upgrading a local street to Ciry standards for that segment of the street that abuts the subject property. ff the subdivider controls land on only one side of a local street, they will be required to contribute 5a / of the cosy o1 upgrading the subject street segment to City standards. The City will expect the subdivider of property on the other side of the street to contribute the other 50%of the costs at such time as Shat land fs subdividedldeveloped. Costs to reconstruct the street will be determined by the City Engineer. b. Collector streets Collector streets are streets that coped traffic from a subdivision or neighborhood, and direct it to and from the arte- rial street. The function of a collector street is 5D°h access to property, and 50% through traffic. Therefore, the sub- divider will be required to vontribute 509'° of the vast to upgrade a collector street to City standavds tar that seg- ment of the street that abuts the subject property, with the City contributing the other 50%. If a sulxjivider controls land on only one side of the collector street, they will be required to contribute 25% of the total cost for the subject street segment. The City will expect the subdivider on the other side of the collector street to contribute the other 25% of the cost at such time as that land is subdividedldeveloped. Costs to reconstruct the street to City standazds will be determined by the City Engineer. ~~ c. Arterial Streets Arterial streets have the primary function of carrying traffic through and between neighbofiovds. The function of an arterial street is 25% access to property, and 75% through 1rafFic. Therefore, the subdivider will be required Eo con- tribute 2596 of the cost to upgrade an arterial street to City standards for that segment of the street that abuts the subject property, with the.Ciry contributing the other 75°6. If a subdivider controls land on only one side of the arte- rial street, they will be required to contribute 12.5% of the fatal cost of the subject street segment. The City will expect the subdivider on the other aide of the arterial street to contribute the other 12.5% of the cost ai such time as that land is subdividedldevetoped. Casts to reconstruct the street to City standards wilt he determined by the City Engineer. 15-3-3 Sidewalks, Tra[Is, and Pedestrian Connecllons Public sidewalks, trails, and pedestrian connections shall be constructed in the public right-of-way according to the folbwing standards: A. Sidewalks, trails, and pedestrian connections shay be constructed according to Clry standards. Said standards era an file in the Office of the City Engineer. ~ .B. Frve-foot-wide concrete sidewalks must be constructed along both sides of all local and collector streets, except far connections to existing sidewalks as provided in subsection D, below. For low volume and loop streets, as described in Table t5-1, the required sidewalk width may be reduced to tour feet. C. Along arterial streets, a five-foot sidewalk Is required on one side of the street and an 8-foot sidewalk on the other side, exvept as allowed in subsection D, below. The City wilt determine on which side of the street the 8-foot sidewalk will be placed. When an 8-foot sidewalk is required, the City, at its.discretion, will either pay for the excess pavement required (or the developer to install an 8-loot sidewalk rather than 5-foot sidewalk, yr collect the esti- mated cost of the 5-toot sidewalk from the developer and apply said cost to construction of an 8-foot sidewalk by the City. Any payment of excess pavement casts by the Ciry shall be pursuant to State law. ~~ ~ ~ti 7. In residential subdivisions, Ipts mu; •layout should be designed so that the Subdivision layouts where public opei are discouraged. Techniques, such as welt-marked trail easements are to be ~~. `~~ i- D. In cases where the proposed sidewalk provides a connection between existing sidewalks that are less than then required width, the proposed sidewalk may be constructed to match the width of the adjacent sidewalks. However, this modification is not allowed in cases where one end of the proposed sidewalk will provide a connection to future sidewalks for new development. In such a case, the sidewalk should be tapered to provide a transition between dif- fering sidewalk widths. The City will determine where along the street the transition should occur. E. All sidewalks and trails must connect to other sidewalks and !rails within the development and to the property Mine to provide for their extension to adjacenE properties. F The subdivider will be responsible for the construction of a public sidewalk along the frontage of private open space, public open space required to be dedicated 1q the City according to the Article 14-5K, Neighborhood Open Space Requirements, and along the frontage of other cutlets as necessary for a continuous sidewalk system to be created. G. In residential subdivisions, blocks longer than 600 feet must have mid-block pedestrian connections between adjacent streets, unless said connection is deemed to be unnecessary and is waived by the City. At the time of subdivision, these connections must be platted as minimum 15-foot-wide easements; if the connecting sidewalk is greater than 5 feel in width, the easement must be at least 20-feet wide. Within this easement a sidewalk must be constructed to City standards That is equal in width to the sidewalks to which it provides a connection. If the mid- block sidewalk connects io sidewalks of two different widths, the mid-block sidewalk must be equal in width to the wider sidewalk. The area and sidewalk withiri the pedestrian easement must be maintained by adjacent property owners according to the subdivider's agreement in a manner similar to maintenance requirements for public side- walks. H. Where a !rail extension, as identified in the Gomprehensive Plan or an adopted trails plan, is located on the sub- ject property, Ehe Ciiy may require an easement or alternatively, may require dedication of an outlet for the (rail. Construction of the traiE or portion of a trail may also be required in instances whore said trail or portion of a trail primarily serves the needs o! the proposed subdivision/development. In this situation, [he frail will be treated as a public improvement. Dedication of land for a trail extension shall count toward the open space requirement for the development; provided said land is consistent with the standards far open space as set forth in Article 14-5K of the City Code and provided said land dedication is acceptable to the City. 15-3-4 Layout of Blocks and Lots , A. Blocks 1. 131ocks should be limited in size and be laid out in a pattern that ensures the connectivity of streets, provides for efficient provision of public and safety services, and establishes efficient and logical routes between residences and non-residential destinations and public gathering places. 2. To provide multiple travel routes within and between neighborhoods, block faces along Ipcal and collector streets should range between 300 and 600 feet in length and for residential subdivisions have a width sufficient to accom- modate two lions of lots. Longer block faces may be allowed in cases of large lot commercial, industrial, or rural residential development, or where topography, water features, or existing development prevents shorter block lengths, although mid-block pedestrian connections may be required (see Section 15-3~, aboveJ. Block faces are measured from centerline to centerline. 3. Block faces along arterial streets should be at least 600 feet in length. Intersecting collector streets should be spaced in a manner that provides adequate connectivity between neighborhoods, but also maintains the capacity of the street for the safe and efficient movement of traffic. Longer block faces may be required along high capaci- ty or higher speed arterial streets where the interests in moving traffic outweigh the connectivity between areas of development. The City may approve shorter block faces in high density commerciaE areas or other areas with high pedestrian counts. 4. Cul-de-sacs may not exceed 900 feet in length, The length of a cut-de-sac is measured from the center line of the street from which it commences to the center of the bulb. B. Lots - 1. Lilts must be platted in a manner that will allow development that meets all requirements of Title 14: Zoning. Lots must be of sufficient size to accommodate an adequate buildable area and area for required setbacks, off-street parking, and service facilities required by the type of use and development anticipated. 2. Lots with multiple frontages must be platted large enough tv accommodate front setback requirements along street-side lot lines. 1 , 3. If a property with frontage along an arterial street is proposed to be subdivided, developed or redeveloped for any Multi-Family, Group Living, Commercial, Institutional or Industrial Use, across-access easement must be pro- vided by the property owner to all adjoining properties that (rant on the same arterial street that are or may be devel- oped as Multi-Family, Group Living, Commercial, Institutiona! Use, or Industrial Uses according to the cross access standards set forth in section 14-5C-7 of the City Code. 4. In residential areas, double- and triple-frontage lots shall be avoided. Where such lots are necessary to over- come specific disadvantages of topography, land features, or access restrictions, the following standards apply: a. Lots with multiple frontages shall be 125% of the required lot area for the zone in which the lot is located. The additional required lot area shall be used to increase the ifepth of the lei between street frontages. Gorner lots with only two frontages are exempt from this requirement, however, said cornier lots should be platted with enough land area to accommodate the required front setback area along both frontages. b. Double and triple fmrdage lots where dwellings will have side or rear building facades oriented toward art arte- rial street shall provide a minimum 20-loot wide landscaped buffer area along the arterial street frontage. The buffer area shall be planted with a mixture of coniferous and deciduous uegetationuapproved by the City Forester. The vegetation shall be required along with other public improvements for the property. Lots where dwellings will have front building facades oriented toward an arterial street are exempt from this requirement: If a buffer area was required during subdivision, no solid fences will be allowed within this buffer area. This restriction must be noted in the subdivider's agreement and on the plat. On corner loss, the landscaping within the buffer mrist be planted and maintained to cgmply with intersection visibility standards. 5. Side lot lines shall approximate right angles tp straight street lines or be approximately radial to curved street lines, except where a variation will provide a better street and lot layout. For purposes of this subsection, "approx- imate right angles" means angles between SO° and 100°. fi. Residential lots shall not be designed with irregular shapes such as a flag or panhandle shape where the struc- ture on the lot may be hidden from the street behind another structure. to public open space. The subdivision space is readily apparent to the public. that back up to the public open'space as or along segments of park edges and .9~. • J~ ~3~~ ~ C. Provisions fo Minimize the Effect of H[gh~ay Nolss Subdivisions adjacent to or within 300 feet of the Interstate 86 and/or the hlighway 218 rights of way shall Damply with the following provisions, intended to reduce the effect of highway noise on residenfiat areas. 1. Any portion of a residential l01 that is within 300 feet'of the Entarstate 80 or ti'sghway 218 rlght-0{-way shaft b® identified as a noise buffer, and no residential structure will be permitted within this 300-foot buffer area. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property- Existing trees and vegetation may tie used to comply with this requirement as approved by the City Forester. Accessary structures and yards are permitted within the 300-foot buffer area provided the required vegetative buffer is maintained. ' 2. The 304-foot buffer far residential structures may ba reduced with approval by the City ii the subdivider con- structs an earthen berm, decorative wall, or other similar structure and demonstrates that the highway noise just outside the proposed residential structures will bo no more than 60 dBA. 3, The 30D-foot buffer for residential structures inay also be reduced with approval by the City if the subdivider demonstrates that existing topography resuhs in highway noise being no more than 60 dBA just outside the pro- posed residenfial struchares. 15-3-5 Neighborhood Open Space Requirements a Infest astt Purpose _ _ The Neighborhood Open Space Requirements are intended to ensure provision of adequate usable neighborhood Rpen space, parks and recreation facilities in a manner that is consistent with the Neighborhood Open Space Plan, as amended, by using a fair and reasonably calculable method to equilabry apportion the costs of acquiring and~or developing land for those purposes. Active, usable neighborhood open space includes pedestrianlbicyGe trails preferably located within natural greenway systems, and also includes neighbofiood parks that serve nearby res- idents. Portions of community parks maybe adapted for neighborhood use, but this Chapter is not intended to fund I the acquisition of community parks or large playing fields for organized sports. ~ , B. Dedication of Land or Payment of Fees In Llau of Land Required As a condition of approve! for residential subdivsions and commercial subdivisions containing residential uses, the applicant shall dedicate land or pay a fee in lieu of land, or a combination thereof, for park, greenway, recreation- al and open space purposes,~as determined by the City and in accordance with the provisions of Article 14-SK, Neighborhood Open Space Requirements f 5-3.6 Energy and Communications Distribution Systems A. Extension of energy distribution lines and communication distribution systems necessary to furnish permanent electric service and communication system service to new development within a new subdivision shat] be made underground from existing systems according to the provisions set forth in Chapter 16-2, Public Utilities and Use of City Right of Way. 8. The applicant shalt provide aft easements necessary for access to slreot Sights, to allow energy and communi- cation system services far the subdivision, and the easements shall be included as part pf the plat pf the subdivi- sion, C. In mew subdivisions, the electric public utility company shaft psovida underground wiring to the pole silos for appropriate street lights as determine by the City Manager ar designee. 15-3-7 Sanitary Sewers A. The subdivider shall provide a complete sanitary sewer system; including stubs, tar each tot which shalt connect with a sanitary sewer outlet approved by the City Engineer as set forth in Chapter 16-3, City Utilities. The sanitary sewer in each defined drainage area shall extend t0 the subdivision boundaries and beyond, as necessary to pro- vide for the extension of the sanitary sewer to adjacent property, as deierttined by the City. B. Project specific tap-on fees may apply as set forth in Section, l 6-3B, Pro{act Specific Tap-On Fees. C. If City requires a sanitary sewer to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost-sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to Stara law. 15-3-8 Storm Water Management The developer shall provide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sew- ers, intakes and manholos to provide for the collection, management, and removal of a[i surface waters as set forth in Section 16.3G, Storm Water Collection, Discharge, and Flunoff. These improvements shall extend to the bound• arias of the subdivision and beyond, as necessary to provide for extension by adjoining properties, asdetermined I by the City. 15-3-9 Water systems A. The developer shall provide the subdivision with a complete water main supply system as set forth in Chapter i8-3, City Utilties, including hydrants, valves anti alt other appurtenances, which shall be extended into and through the subdivision to the boundary Hnes and beyond as may be necessary to provide for extension by adjoin- ing properties, as determined by the City. The system shall provide for a water connection for Tats and shall.be con• . netted to the City water system. t 6. If City requires a water main to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost-sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shalt be pursuant to state taw. 15-3-f0 Clustered Mailboxes A. All new residential or commercial developments platted after (the effective date of these regulations) that receive curbside delivery o1 mail shall have ctusterad mailixixes, unless an exception is approved by the United States Postal Service. Tho location of mailbox clusters shall be noted on rho plat. B. Mailbox clusters serving residential developments shall be conveniently located for residents. To that end, mail- box clusters should be located within one block or approximately 604 feet walking distance (whichever is Isss} from any residential property served by said mailbox cluster. Adjustments to this distance criteria may be approved when there are not enough lots within one block ar 800 test to form a cluster. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residonts to cross heauily traffic6ced streets, etc. Driveways shall be allowed no closer than 12 feel from the location of a clustered mailbox as measured along the curb line of the fronting street. Mailboxes must be located in a manner that wilt not violate the City's Rnter50c- tion visibility standards. Locations and design must be approved by the City and the United States Postal Service. Depending on the size and location of the clustered mailbox, the City may require a vehicular pull-0ver lane built to City specifications. ' C. Mailbox clusters shall bo located on a concrete pad built to City specifications. To provide for pedestrian access, a 5-foot•wide concrete sidewalk shall be providod from the mailbox cluster to the adjacent public street and side- ' walk. An accessible route shat{ be Provided according to ADA Standards for Accessible Design. The cost of instal- - lotion; including but not limited to box units and concrete pad and sidewalk access shall be twrne by the develop- er, and subsequent maintenance shall be carried out by t1ie. United States Postal Service. • ~ ' C~'J t \ `,, ~ i 0 15-3.11-Markers - ~- - - -- - --- _-- - ~ - - .. An iron rod meeting specifications of State Code shall be placed as follows: A, At the intersection of all lines fanning angles in the boundary of the subdivision. B, At block and lot corners and changes in direction of block and lot boundaries. ~~ ~ C, At the beginning and ending points of curves and at lot {fines interseMing the curves. 1' 115-3-12 Speciflcations f• s A, 7tle type of construction, the matanals the methods and standards of subdivision improvements shall be aocord- ~ ing to City standards. Said standards are on fife,in the office of the City Engineer, B, Construction plans and specificatlon~,`including plans for subdivision,erpsion control measures, shaft be sub- miffed to the City Engineer for approvaY prior to consiructon. Construction shall noE commence until the' City i Engineer approves the plans and specifications. ' ` C. It the infrastructure and/or grading carmot be designed to comply with City standards a new preliminary plat may be required at the discretion of the City. ~- • • - ~ ~. Record of Construction drawings must be submitted in hard copy and in digital form before public improvements ! wi[I be accepted by the City. ~ 15-3-131nspections r A, The City Engineer or designee Shalt inspect ttre installation of all public improvements in new subdivisions to I insure compliance with the requirements. B, The subdivider shall bear the cost of such inspection, which Shall be the actual cost of the inspection by tfie City. C. Gradirtg shall be inspected and Certifed bythe developer's engineer. 15-3-14 OfhSite Costs for Public irraprovementa A, From time to time oit•site public improvemenis are necessary to enable the subdivision and development of a property. At such times, the subdivider shall be responsible for the extension of.infrastructure. Ii said infrastruc- ' Lure or certain aspects of said infrastructure is included in the City's Capital Improvements Program in a year coin- , ciderrt with the deveopment proposaE, the City may, ai the City's discretion, assume responsibility for the extension of the subject infrastructure. B. Off-site improvements shall be designed and constructed according to plans and specifications approved by the ~ City Engineer and shall be of sufficient size and capacity to serve the full area capable of being served by the type of improvement so that tfie City will not be required to construct parallel or duplicate facilities. If said infrastructure is greater in size than that needed to service the subdivision itself, the City, at its discretion, may share in the expense thereof. Such cost-sharing shi3il tre according to the procedure set forth by the Ciry Manager, Any pay- ment of excess costs try the City shall'tie pursuant to State law. 66215 ~ f - September 3, 2008 ~ ~ 1 ~~~i~~ ~ wr~'~~ CITY OF IOWA CITY 410 East Washin;ton Street Iowa City, Iowa 5224fl-i826 (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. 08-4314 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of September, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 17th, 2008. Dated at fovea City, Iowa, this 7th day of October, 2008. . \` ~ Julie paril Deputy City Clerk Printer's Fee $.~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #~42-0330670 ~~ . ~ ~~ OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION - ORDINANCE NO. 08-4314 outdoor entertainment venues where members of the ORDINANCE AMENDING TITLE B, ENTITLED `PUB- general public assemble to witness entertainment LIC HEALTH AND SAFETY," TO DECLARE ADD1- events. TIDNAL AREAS A5 NONSMOKING PLACES AND - O. The streets and adjacent sidewalks along the TITLE 3, ENTITLED "CITY FINANCES, ,TAXATION parade route of the University of Iowa Homecoming AND FEES,` TO tNGREASE THE FINE FOR LITTEFI- parade from 5:60 pm to B:flO pm on Friday evening of ING IN CITY PLAZA. the homecoming parade. :REAS, HF 2212, the Smokefree Air Act ("the which will be codified at chapter 142D of the of Iowa and which went into effect on July i, prohibits smoking in many public places; !RFJ15, the Act allows the City to deelaie addi- wise I, ~ r ~ yrn cy.-YL` t/ addil incre farbeing duly sworn, say co°u SEC that I am the legal clerk of the IOWA a e' CITY PRESS-CITIZEN, a newspaper "S s` to HI published in said county, and that a 142C trig a notice, a printed copy of which is a: I' with the prohibition of smoking in sidewalk ,cafes, the fine should be' .00; and in the Chy's best interest to declare to be nonsmoking places and to or littering in city plaza. RE, BE IT ORDAINED BYTHE CITY; led "Public Health and Safety" is hereby adding a new chapter 10, entitled , laces" as follows: smoke in a Smokefree Place. ,Pursuant action 5, to be codified at section , lawa Code. the Citv declares the follow- are owned 'Swan hereto attached, was published in said paper .time{s), on the fQ11QW1R dates g ~~ J I } p. n 7` a . I~f ~ r 1 7 . ~ Q Q o `' ~'~" Parking Ramp during the Farmer's Market (Wednesdays from 5:00 pm to 7:30 pm and Saturdays from 7:OD am to 11:30 am from May t through October 31). C. City plaza in the area to the east of the southeast comer of i25 S. Dubuque Street (a/kla Plaza Centre One), as illustrated on the dagram below. City plaza is defined in Section 10-5-2 of this code. D. The area between the public library and Linn Street i l di th id lk ill t t d o th di nc u ng e s ewa , as us ra e n e agram below. ' oleon Park exce t the arkin lot and the Iowa Na E L p,~Q_ ~~ p p g . p River Corridor Trail F. BasobalUsoftbatl complex at Mercer Park npt inctud- Legal Clerk Subscribed and sworn to before me / ~+ ! ~! da O th1S y ing the parking lots o{Bowe City Kickers Soccer Park including the parking H. The Area within 50 feet of the City Park pool build- ing grid the fence that encompasses the City Park pool and the aroa inside the fence I. Riverside Festival Stage/seating area and the area within 50 feet of Riverside Festival Stagelseating A.D. 20 ~f~ i area J. Bobby Oldis Baseball Fields in Lower City Parts Includina the bleachers. sidewalk. and all other feet of the amusement rides in Lower Vary rant L. Skateboard Park M. Tennis courts in all city parks - N. Dog parks O. Chauncey Swan Park on Wednesdays from 5:00 pm to 7:30 pm and on Saturdays from 7:00 am to 11:30 _ otary Pub1iC am from May 1 thrnugn D~tpber 31. P. The area within 50 feet of any outdoor stage ar loca- tion where musicians are pertorming during Arts Fest, LINDA KROTZ Jazz Fest,•Friday Night Concert Series or any other Fees," ed by amending the fine for littering in city plaza to $300.OD as follows: Description of " Chapter, Article Fee, Charge, or Section Bond,Fine or. ' Reference Penalty defined in Amount of Fae, Amount of Fee, Section 10-5-2 Charge, Bond, Charge, Bond, a1 this code. Fine or Penally Fine or Penalty Littering except for city- $7D.00 16-3H-1tC plaza Littering in city plaza $300.00 16-3H-ilC City plaza is defined in Section iD-5-2 ' of this woe. SECTION II. VIOLATION. HF 221 2, the Smokefree Air ACt.'which'is to~be Codified at Chapter 142D of the amphitheaters and other entertainment venues where members of the general public assemble to witness ' entertainment events." HF 2212 also allows the City of ~ Iowa City to declare additional areas as nonsmoking r places. In, Paragraphs 1A-10 of this ordinance, the ~ City is declaring additional areas as non-smoking, and violation of Paragraphs 1A-10 shall be considered a municipal infraction with a civil penalty of $100.00' far I first offense, $200.00 for sewnd offense, and $500.00 for third and subsequent offenses. In Paragraphs 1P ~ and 1Q of this ordinance, the City of Iowa City is defin- ing said sealing areas and violation oi'Paragraphs 1P and 10 shall by the enforcement provisions In HF 2212, to be codified at section f 42D.$, and not by municipal infraction. SECTION III. REPEALER. All ordinances and parts of ordinances in wnflict with the provision of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, a Ordinance as a whole or part thereof not adjudged SECTION V. EFFECTIVE DATE. This Ordinance shall be iri effect after its final passage, approve! and publi- cation, as provided by taut. A Passed and approved this 9Ih day of September, 2008. s/Regeriia D. Bailey, Mayor Attest: slMadan tC. Karr. City Clerk ~ ~ ss7zs September 17, 2048 ~*~` `~ Commission Number 73261 . My C,pmnt,ssion F.~tpirt;s ~~ 1anua 27, 2011 p~. a ~'~ ~~ Nonsmoking Places City Plaza August 2008 ¢~~ oo G~ n V Dcaigna[ed nonamolciug area Washit~tou s[.re[ oa q Q OMMO L...~ n 0 Q~a~ ~} o ~J c o~q ^ / hhlic ISbruy ,, Plasa Towns ~ r STATE OF IOWA ) }SS JOHNSON COUNTY ) . ~,.:a.~®q ~,~ ~t i I I' L~it~ ~ ` 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 35b-5400 (319) 35b-5009 FAX www.icgov.org ~ ~~#~~ C[TY OF IOWA CITY 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. 08-4315 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of September, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 17th, 2008. Dated at Iowa City, Iowa, this 7th day of October, 2008. d - ~. Jull K. Voparil Deputy City Clerk ~..a- . ors - ~t3 ~ S ~ i OFFICIAL PUBLICATION , Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, 5S: THE IOWA CITY PRESS-CITIZEN FED. ID #~42-033067U I, et.~n. e-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): 7 U ~L.Qdd~ Legal Clerk - Sabscribed and sworn to before me this 1~ day of A.D. 2U~_. star Public ~„r L(N~A I<ROTZ o `~ Commission dumber 73261 ' hh}i Commission Expires o«• January 27, 2011 Q~, ~ ~~ . ORDINANCE {40.48-d3f5 f011pwing: I ORDINANCE AMENDING 7'iTLE A. Two (2), but not more than two i 17 OF THE CITY CODE, ENTI- (2}, parsons not related by blood, TLED 'BUILDING AND HODS- marriage or adoption; or ING,' ,CHAPTER 5, ENTFfLED, "HOUSING CODE " TO MAKE B. Up to eight (B) persons with ver- ifiabfe disabilities as tl fin d b th , THE DEFINITIONS AND OTHER , y e e e fair housing amendments act of , PROVISIONS CONSISTENT E.WITH THE ZONING CODE AND 19{38, who are occupying a dwelling unit as a single housekeeping i BUILDING RELATED CODES 1l organization. t AND TO INCREASE THE SAFETY GUEST: An individual who shares a OF. ,OWNER OCGUPIED AND dwelling on a temporary basis fOr ,RENTAL HOUSING. not more than thirty (3D) days in • l WHEREAS, as recommended by any given calendar year; or a per- Ithe Neighborhood Housing sort who stays ;in a hospitality ori- ~Relations Task Force, the ]lousing anted retail use. o 'Code was amended In 2003 to ~ HABITABLE ROOM; A room or ;address tenant behavior; I enclosed floor space within a I WHEREAS, other than the amend- dwelling. unit or rooming unit, hav- ~ment in 2003, the Housing Code ing a minimum of seventy (70} has not been amended Since 1995; square feet of total floor area wish WHEREAS, the Building, not less than 7 feet in any horizon- ' !Plumbing, Electrical, Mechanical, ta! dimension, used or intended io IElectrica! and Fire Codes have be used far living, sleeping, cooking been amended multiple times since l ,1995, and the Housing Code or eating purposes, excluding bath- roams, toilet roams, pantries, lawn- ~ shouldreflect the current provisions dries, foyers, communicating corri- iin these codes: , _ tNHEAEAS, mariy' terms 'fri the 1 dors, closets, storage spaces, stair- ways and recreation rooms in base- ?Housing Code are also in the new in C d th i i IZ d d fi menu (see defnition pf Recreation ] R B g on a e, an e e n t ons in Ithe Housing Code should be the oom n asement). INSPECTOR: The official or otfi- same as those In the Zonin Cotle; t 9 clots of the aty who administer the provisions of the housing, building, i and I WHEREAS, it is in the best interest T nuisance and zoning codes, togeth- , er with duly authorized representa- ~ of the City to adopt these amend- live(s) andlor agent(s). menu for the health and safety of , . KITCHI=N: A room used or intended home owners and tenants. ', ~ ~ NQW, THEREFORE, BE IT ~ to be used for cooking or rho prepa- ration of meals ORDAINED 13Y THE CITY COUN- t CfL OF THE CITY OF CITY, IOWA: ' . OCCUPANT: A person who is physically present in the dwelling SECTION I. AMEND- MENTS r and is engaged in activ"roes of daily ., 1. Title 17, ontitled t " living, including but not limtted to 'sleeping, cooking, eating, and son- Building and Housing," Chapter 5,) entitled "Housing Cvde " Secti 3 ~ itation, for at least 31 days in any ; , on , ~~ entitled "pefinifions," is hereby calendar year or who is a tenant. OWNER OCCUPANT: An owner amended by deleting the definitions of Accessory Structure, Duplex, Dwelling Unit Family Habitable ~ who is physically present in the dwelling and is engaged in activi- , , Room, Inspector, Kitchen, Reside, ~ and Temporary Housin ties o1 daily living, including but not limited fo sleeping, cooking, eating, g and adding the following new deli- and sanitation, for at least 90 days in any calendar year. Hiltons: A C C E S S O R Y ` PORCH: A platlorm completely covered b a roof located and BURDIMG/USEISTRUCTURE: A b il i ~ y ' attached to a building. u d ng, structure, or use which: ' A. Is subordinate io the principal Z i TEMPORARY HOUSING: Any tent, , use of the property and contributes ; trailer, motor home or other siruc- lure used for human shelter and I to the comfprt, convenience or necessity of occupants, customers, ~ I designed to be transportable end not attached to the ground, to + or employees of the principal use; t and ~ another structure or to any utilities ? ~ B. Is under the same gwnership as system on the same premises. Such temporary housing may occur ~ the principal use or uses on the property; and ~ for no more than 2i consecuWe ~ C. Does not include structures, f days nor exceed a total of 45 days in any calendar year. structural features, ar activities } inconsistent with the uses to which TO LET: The granting, either in writ- 7 they are accessory; acrd D Ex t f fl ing or orally, by the owner oropera- for to another the right to possess a . cep or o street parking ~ located on a separate lot as 1 dwelling. 2. Title 17, entitled "Building and 4 approved through a special excep- lion, is located on the same tat as Housing," Chapter 5, entitled 'Housing Code," Section 18, anti- the principa! use or uses to which it ~ is accessory fled "Certificate of Structure " . DUPLEX; A structure in which there i Compliance and Rental Permit is , hereby amended by deleting the are two (2} dwelling units within a r single building, end both dwelling first paragraph in Subsection A and . ll units are located on the same lat. ~ inserYirtg in lieu thereof the fo ow- ing: ! DWELLING UNIT: Any habitable ' room or group of adjoining habit- t Certificate And Permit Required For I Rental Property: It shall be a viola- ! able rooms located within a ~ dwelling and forming a single unit i lion of this code for any person, except an owner occupant, io fat io f with facilities which are used or intended to be used for living, l sleeping cooking eatin of meal another any dwelling, dwe]ling unit, duplex, multiple dwelling, rooming , , g s ~ and sanitation. f unit (except a rooming unit or units within owner occupied single-fami- , FAMRY: One person or two (2} or , ly dwellings, containing no more more persons related by blood, marriage, adoption or placement by { unrelated persons than permitted I by the zoning ordinance} or room- $ governmental or social service ( ing houses unless: ' agency, occupying a dwelling unit as a single housekeeping organize- r lion. A "family" may also include the - 3. Title 17, entitled "building and ' Chapter 5 entitled Housing required space heating facilities are ti ~13. Title 17, entitled "Building and H i " Ch t 5 , , "Housing Code,' Section 16, anti- not in opera on. 7. Title 17, entitled "Building and er ous ng, ap , entitled "Hpusing Code," Section 17, anti- t •tled "Certificate of Structure ++ Housing," Chapter 5, entitled fled, "Minimum Structure Standards '~ Compliance and Rental Permit' is i "Housing Code," Section 17, anti- for All Dwellings," is hereby amend- hereby amended by deleting Subsection C3 and inserting in lieu tied, "Minimum Structure Standards for All Dwellings,' is hereby amend- ed by deleting Subsection I5 and inserting the fotlowing in lieu there- thoreof the following: ~ Issuance of Permit: When alt provi- ed try deleting Paragraph a of Subsection Fi and inserting the fol- i of: Every steam or hot water boiler and stone of section 17.5-19 of this lowing in lieu thereof: every water heater shall be protect- , chapter have been complied with Where at [east two (2) exits are I ad against overheating by appropri- by the owner or operator, the 'depaRmem of housing and inspeo- , required, they shall be independ- ant, unobstructed means of egress ate pressure and temperature limit I controls. Such controls shall have a lion services shall issue a rental , remote from each other, and both properly installed extension pipe on permit upon payment of all permit i shall dischargo directly or via corri- i the pressure relies valve. and reinspaction fees, the amounts of which shall be established b dors or stairways or both to a pub- tf t4. Title 17, entitled "Building and " y resolution of the city council.. tic way or yard. If both means of , egress are designated to a corn- I Housing, Chapter 5, entitled I "Housing Code," Section 18, enti- However, unless the director deter- ~ moo corridor, they shat! be in oppo- fled, "Minimum Structure Standards mines there is good cause, the rental permit shall not be issued ii I site directions immediately upon ~ for All Rental Housing," is hereby there are any open building permits exiting the dwelling unit or rooming unit, except a common path of tray- ~ amended by deleting Subsection B and inserting the fotlowing in lieu on the property, if there are any el may be permitted for the first , thereof: ~ unpaid judgments entered against , twenty feet (2U'). Dead end corri- Lighting of Public Halls and the owner in a municipal infraction dors shall not exceed twenty feet Stairways: for a code violation on the property (20') in length. Any existing fire + t. Public passageways and stair- or on any other rental property of the owner, ar if the owner has failed ' escape shall not be deemed a suf- ficient means of egress unless it is ways in dwellings accommodating { two (2) dwelling units or rooming to cure a violation on the property i in compliance with Appendix A of units shall be provided with acon- or on any other rental property of . the owner as ordered by the court. this chapter. Any new [ire escape must meet the requirements of the ~ veniant wall mounted light i switch(es) which activates an ode- ' 4. Title 17, entitled "Building and city building and fire codes. quota lighting system. Housing,' Chapter 5, entitled 8. Title 17, entitled "Building and 2. Public passageways and stair- "Housing Code," Section 16, enfi- Housing," Chapter 5, entitled ways in buildings accommodating fled "Certificate of Structure Compliance and Rental Permit" " is "Housing Code," Section• t7, anti- " three {3) or more dwelling units or ~ ' hereby amended by adding the tot- t]ed, Minimum Structure Standards for A[I Dwellings," is hereby amend- rooming units shall be lighted at all times wish an artificial lighting sys- lowing new Paragraph b{4) of 'Subsection C5: ed by deleting Paragraphs f and g tam, in accordance with the city ' of Subsection F2. building code. ~vlation of this provision authoriz- es the city to issue municipal infrac- g, title 17, entitled 'Building and Housing," Chapter 5, emitted 15. Title 17, entitled 'Building and ~ Housing," Chapter 5, entitled lion citations to any tenant, whose "Housing Code," Section 17, enfi- 'Housing Code," Section 18, enfi- , corrective action is considered nec- fled, "Minimum Structure Standards tled,'Minimum Structure Standards essary by the city to abate and for All Dwellings," is hereby amend- for All Rental Housing," is hereby avoid further code violations, who ' ed by deleting Subsection 14 and amended by deleting Subsection C fails to attend, refuses to sign or inserting the following in lieu there- and inserting the tolEowing in lieu sutrsequently tails or refuse to aom- of: thereof: qty with conditions or requirements No fuel burning appliance shalt be Fire Extinguishers: Fire extinguish- set forth in a code compliance set- located within any sleeping room or~ ere which are approved by the Lire tlement agreement. bathroom unless provided with marshal'sha11 be provided within 5. Title 17, entitled "Building and + adequate ducting for air supply I every single-lamely dwelling, Housing," Chapter 5, entitled enfi- " Section 16 "Housing Code ~ from the exterior, and the combos- dwelling unit wifhln a duplex and d lli , , fled "Certificate of Structure lion chamber for such heating unit shall ba sealed from She room in an we ng unit within a multiple , dweping. Multiple dwellings shall Compliance and Rents! Permit" is hereby amended by adding the fol- airtight manner. 1U. Title 17, entitled "Building and have fire extinguishers located within each laundry room and cen- lowing now Paragraph 9g of Housing," Chapter 5, entitled trot mechanical room; except where Subsection C5: "Housing Code," Section 17, anti- these rooms are consiguous, they Failure by the owner to pay a judg- ment or to cure 'a violation as fled, "Minimum Structure Standards ' is hereb amend- for Afl Dwegin s may be served by one fire extin- guisher Laundry rooms and central ordered by the court in a municipal g , y ed by deleting Subsection 15 and I . mechanical rooms which are infraction for a code violation on the property or on any other rental inserting the following in [ieu there- equipped with an automatic sprin- property of the owner. The rental h ll b i t t d t ot: i Every steam or hot water boiler and I Mer system era exempt. The mini- mum size fire extinguisher is a 5 Eb. a e re ns a e upon permi s payment of the judgment or abate- every water heater shall be protect-; ed against ovefieating by appropri-II 2A 10BC. Fire extinguishers must be properly mounted and in an area ment of the violation. 6. Tills 17, antttted "Building and ate pressure and temperature limit4 controls. Such controls shall have al of easy access. Roorriing houses are required to have a 5 Ib. 2A Housing," Chapter 5, entitled Housing Code," Section 17, anti- i St t St da d "Mi i d 'properly installed extension pipe on the pressure relief valve. 10BC rated fire extinguisher sup- plied on each floor level, incuding n mum ruc ure an r s t e , for All bwellings," is hereby amend- 11. Ttle 17, entitled "Building and' Housing," Chapter 5, entitled habitable basement areas, and in each kitchen. Fire extinguishers ed by deleting Subsection D and , ', "Housing Code," Section t7, entl- supplied in areas of public access Inserting the following in lieu there- fled, "Minimum Structure Standardsy shall be contained within an • Water Heating Facilities: Every h i k b th d l t i for All Dwellings," is hereby amend- ad by deleting Subsection K2 and ` approved tamperproof cabinet. 16. Title 17, entitled "Building and n , a an ava ory kitc en s basin required in accordance with inserting the following in lieu there- ~ Housing," Chapter 5, entitled ' ' tho provisions of the housing code of: Housing Code, Section 18, emi- " Maximum Occupancy: Not more fled, Minimum Structure Standards shall be properly connected with supplied water heating facilities. than one family, plus that number of unrelated persons permitted in the far All Rental Housing," is hereby amended by delating Subsection D Every supplied wafer heating tacili- ty shall be property connected and ~ zpning ordinance shall occupy a ' dwelling unit. and inserting the fpltawing in lieu thereof: shat! be capable of heating water to ~. 12. Title 17, entitled "Building and Early Warning Fire Protection such a temperature as to permit an adequate amount of water to be Housing," Chapter 5, entitled " ' " • System: All dwelling units and drawn at every kitchen sink and Housing Code, t7, anti- Section ~ fled "Minimum Structure Standards rooming units shall be provided with smoke detectors as approved lavatory basin required under the I for All Dwellings," is hereby amend- by the f+re marshal. Smoke detec- provisions of Ehe housing code at a ed by deleting Subsection L and tors shall be installed in accordance temperature of oat lass than one hundred ten degrees Fahrenheit ~ inserting the fotlowing in Lieu there- with the manufacturer's instruc- {110°F) (43°C). Such supplied vt: Fire Protection Equipment: All fire lions. Dwelling units sha[I have smoke detectors located on each water heating facilities shall be capable of meeting the require- extinguishers and early warning fire t ti t h ll b floor level, including basements, in d d h ll h b ments of this section when the pro ec on sys ems s e proper- a ty installed acxording to the city fire room, an a eac e ways serv- , building and housing codas. Ing bedrooms. Multi-family and rooming houses shall have smoke ~ Electrical System: The electrical system of every.dwelling or acees• detectors in common corridors, ~ stair towers and stairways con- I sory Structure shall not, by reason 1 of overloading; dilapidation, lack of ; strutted prior to 1978. Smoke I €nsulation, improper fusing or for detectors shall be operablo at all times, and when actuated, the i any other cause, expose the occu- i -pants to hazards of afectrical shock detector shall provide an alarm far for fire. and even electrical reCepta- of a multiple unit residential build- ing, rooming house, duplex or sin- gle-family dwelling shall supply light-emitting smoke detectors, upon request, for a tenant with a hearing impairment. New construc- tion and remodeling shall be in accordance with the city building 17. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Cade," Section 18, enti- tled, "Minimum Structure Standards for All Rental Housing," is horeby . amended by deleting Subsection F and inserting the following in lieu thereof: Lead Based Paint: Every owner or operator of a dwelling unit or room- ing unit being let for rent andlor occupancy shall certify that the dwelling is in accordance'with HUl] lead based paint regukations, 24 following in lieu The requtred ~ want tv ing pre- ing and entitled 9, enti- Owners ice and hereby , graph c ling the separa- and Every means of egress shat! be maintained in good condition and ' shall be free of vbstrudion at all times. Fire escapes, exit corridors, exit stairways artd escape and res- cue windows and any other means ~ of egress shaft be maintained in a , good state of repair at all times. Exit signs, emergency lighting, early warning systems and sprinkler sys- tems shall be maintained in good condition at all times. Required Piro I doors shaft be maintained self-tics- ing and self-latching as required by rho city building Dods. 20. Title 17, entitled "Building and r1CIpLl11[j W ultl IyILlIF 1Etln2711Vd iin(1 Occupancy of Premises," is hereby amended by deleting Subsection I and inserting the following in lieu thereof: _ condtion. only approved extension ~ cords and multiplug adapters or other devices approved by the inspector shall be allowed. All elec- trical wiring newly installed or i replaced shall be in compliance with the city electrical coda. 21. Title 17, entitled'"Building and f Housing," Chapter 5, entitled ' "Housing Code," Section 19, enti- tled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is heratiy , amended by deleting Subsection J ~ and inserting the folfowing in lieu ) thereof: 'Plumbing System: Every supplied plumbing fixture, water piping and waste piping shall be maintained in 1 a good and sanitary condition, A11 i plumbing installed or replaced shall I ba so designed as to prevent con• , lamination o1 Ehe water supply ! through backflpw, back siphvnage I or cross connection. Al! plumbing newly Installed or replaced shall be in compliance with the city plumb ing code. A minimum water pres• sure of fifteen {75) pounds shall ba ' maintained to all open outlets at all tames. 122. Title 17, entitled "Building and ' Housing," Chapter 5, entitled "Housing Code," Section 19, enti- tled, "Responsibilities of Owners Rotating to the Maintenance anq Occupancy of Premises," is hereby amended by deleting subsection K , and inserting the folfowing In lieu thereof: - Gas Piping and Appliances: All gas piping shall bd properly installed, properly supported and shall be maintained free of leaks, corrosion or obstruction so as to reduce gas pressure or volume. Every gas ' appliance shall be connected to a gas line with solid metal piping or approvod listed metal appliance connector preceded by an approved listed shutoff valve. Gas pressure shall be adequate tv pen mil a proper flow o1 gas from all open gas vaMes at all limes. All gas piping shall be in compliance with the city plumbing code. 23. Title 17, emitted °Building and Housing," Chapter 5, entitled "Ffousing Code," Section 19, erni- tled, "Responsibilities of pwners Relating to the Maintenance and iccupancy of Premises," is hereby amended by deleting Subsection fl1 and inserting the following in lieu thereof: Ail fire extinguishing devices and al! earlyr warning fire protection sys- tems shall be maintained in good working condition at all times. Ail fire protection equipment and early pf by a qualified alarm technician to certify that the alarm system is in compliance with the current stan- dard of NFPA 72, as amended. Buildings which are required to have an automatic sprfnkfing sys- Q~ - 3 °~ ~- system is in compliance wish the . current standard of NFPA chapter 25, as amended. 24. Title 17, entitled "Building and , Housing," Chapter 5, entitled "Housing Coda," Section 19, enti- tled, "Responsibilities a1 Owners Relating ro the Maintenance and Occupancy of Premises,* is hereby amended by deleting Subsection R and inserting the following in lieu thereof: Guardrails ahd Handrails: All guardrails and handrails shall be maintained in a sate and sound ' condition at all times. Guardrails ~ shall be provided where there is an ~ abrupt elevation change exceeding thirty inches {3D') adjacent to pedestrian areas. Guardrails and handrails which are newly installed or replaced shall comply with the ' city buikfing Code. 25. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, enti- t~ed, "Responsibilities of Lhvners Relating to the Maintenance and Occupancy of Premises," is hereby amended by atlding the following new Subsection d3: Np owner or operator shall keep, store or maintain outdoors any , indoor upholstered furniture, household furniture or household - furnishing not manufactured far ' outdoor use, including, but not lim- i~ed to, upholstered chairs and couches. ipholstered furniture means any furniture constructed with stuffing or cushions or springs, not intended for outdoor use. The term "outdoor" includes a porch. However, the use, storage or place- ment of household appliances, household furniture or household furnishings on a porch is rrof pro- hibited if the porch is completely . enclpsed by fully intact glass or fully intact screens. The following shall: eortsfftute an affirmative defense ro any alleged violation of this provi- sion: a1 That the fumiture was tam_ ..............., r,u...,.. ' outside during the hours Of 6:170 am _ to 6:00 pm in order that it be offered tvr safe at a yard or garage sale i and that a sign visible from the right , of way is placed on or near the fur- niture indicating that it is for sale. Tfte second defense is not avail- able if the furniture is located out- side for mere than hvo days in any six-month period. 26. Title 17, entitled "Building and { Housing," Chapter 5, entitled "Housing Code," Section 19, enti- ~ fled, "Responsibilities at Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsoction X2 and inserting the following in lieu thereof: Nd room shall be used as a habit- able room unless certified as a hob itable room at the time the certifi- cate of structuro compliance is issued ar amended. 27. Title i7, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 20, soft- I fled "Responsibilities of Occupants Relating to the Maintenance and Occupancy of Premises, is hereby amended by adding the following new Subsection Ai3: No occupant shall keep, store ar maintain outdoors any indoor upholstered furniture, household fumiture or household furnishing not manufactured for outdoor use, including, but not limited to, uphol- stered chairs and couches. .Upholstered fumiture means any furnture constructed with stuffing or cushions or springs, not intended for outdoor use. The torm "outdoor" p ~ ~- ~}. . O g - ~ 315 ~ ' Iricludes a porch. However, ths su e, 'storage or placement of household ,vapors from the strippers or from appliances, household furniture er heating the paint. household furnishings on a porch is 5. Replace the filters on the respi- not prohibited if the porch is corn- rotor if they are damaged. You pletely enclosed by fully intact glass should also replace them if it gets or fully intact screens. The following hard to breathe. This means that shall constitute an affirmative the filters are plugging. Wash the ~ defense to any alleged violation of facepiece (without the filters) with this provision: a) That the furniture mild soap. Store the respirator in a was temporarily placed outside dur- bag outside of the work area. ing the move of a resident; or b) 6. If you have asthma, emphysema, That the furniture was temporarily ar heart problems, do D41 try to placed outside during the hours of wear a respirator. Take off the res- 6:00 am to 6:00 pm in order that it pirator imm lately it you feel be offered for sale at, a yard or short of breath. If you have a perfo- ' garage sale and that a sign visible rated eardrum that has not been from the right of way is placed on or repaired, this respirator will not pro- near the furniture indicating That it is , test you from inhaling lead dust. for sale. The second defense is not ~ 7. if you will be using a heat gun, available if the furniture is located make sure it is a !ow-temperature , outside for more than two days in heat gun that operates below any six-month period. ' 11000 F. 28. Title 17, entitled "Building I 8. Do not eat, drink, or smoke until and Housing," Chapter 5, entitled } you have left -the work area and `Housing Code," is hereby amend- thoroughly washed your hands and I ed by deleting Exhibit B in its entire- face. Take a shower, wash your ry and substituting in lieu thereof ' hair, and change clothes before ~ the following: coming in contact with others. APPENDIX B ~ 9. Keep pregnant women and chit- , These guidelines are derived from project ldould be working on only a documents published by the Iowa few surfaces in one room at a time. department of public health child- For larger projects, keep pregnant hood lead poisoning prevention 1 titl d "Eli i ti women and children out at the h b program en e m na ng e jo . home until you complete t t.ead-Based Paint Hazards." 10. After you complete the job, 1. Remove lead-based paint care- wash elk surfaces thoroughly with fully! You should jVEVER dry I any household detergent. Vacuum ~ scrape or dry sand lead-based I k with a HEPA vacuum or a regular paint on the inside or outside of vacuum with microfilter bags. r your home. Always mist surfaces Shampoo carpets using a machine with water before Scraping or that pumps liquid into the carpet sanding them. Use a tarp or piece and pulls it back out. of plastic to catch paint chips when 11. Place paint chips, dust, and you are working. on the outside of pieces of wood in a plastic bag at your house. This will keep paint ~ the end of each day. Put this with chips from falling on the soil Ef you your garbage that will go to the are working outside, close windows landfill f to prevent lead dust tram entering m i the home. inete Ind-bas feint hazards. 2. ~O NOT sandblast or waterblast y~qu must maintain the remaining j lead-based paint on the outside of lead-based paint in goad condition. your home. You do not want the You should also frequently clean paint chips to end up elk Aver your the house. Wash floors, window yard or the neighbor's yard. sills, areas between the windows, ' Sandblasting and waterblasting is ~ and other places where dust and ~ sate ONLY if you have 'a special dirt accumulate at least once a machine that will catch the paint ~ week. Check the condition of lead- Chips. based paint frequently. You need to 3. Remove fumfture, drapes, and H ~ repair paint when it begins to dete- possible, carpet from the room you riorate. will work in before starting work. SECTION R. REPEALt=R. A[lardi- ~ Cover the floor and furniture that i nances and parts of ordinances in cannot be removed from the room conflict with the provision of this I with a sheet of 6 mil plastic. Seal ~ ' Ordinance are hereby repeated. I ' each room from the rest of the SECTION Ill. PENALTIES FOR house with plastic while working in VIOLATION. The violation of any it. Be careful not to track dust and , provision of this ordinance is a paint chips into other areas of the municipal infraction as provided for home. in section 1-4-2D of this Code. 4. Wear a negative pressure, half- SECTION IV. SEVERABILITY. If mask respirator with a magenta le) HEPA filtr ( ur tion canister any section, provision or part of the d to be ' h ll b d d i p p . a a ju ge e a Ord nance s You can buy these respirators at invalid or unconstitutional, such auto parts stores (used for brake adjudication shalt not affect the ~ and clutch work). The respirator will validity of the Ordinance as a whole say "HEPA Filters - Asbestos or any section, provision or part ~ Approved ° Ba sure to read the thereof not adjudged invalid or instructions for positive and nega- unconstitutional. five facefit tests and for cleaning SECTION V. EFFECTIVE DATE. the respirator. If the respirator does This Ordinance shall be in effect ' not tit properly, it will not protect after its final passage, approval and you. It will also not protect you if it is publication, as provided by law. dirty. These masks do not protect passed and approved this 9th day j against organic vapors from heat at September, 2008. guns yr paint strippers. 50, use slRegenia D. Bailey, Mayor heat guns and paint strippers onry Attest: slMarian K, Karr, City Glerk where there is good ventilation. ~ ~ This wiEl help disperse any organic 68730 September 17, 2008 ~ r< ~ ~III~ ~ * d1w~~C1l CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 {319] 35b-5000 {319] 35b-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 flereto is a true and correct copy of the Ordinance No. 08-4316 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of September, 2008, all as the same appears of record in my office and published in the [owa City Press-Citizen on October 1st, 2008. Dated at Iowa City, Iowa, this 17th day of November, 2008. ~v o Ju ' paril Deputy City Clerk Cq-ti-.5._ . C~ ~s - ~-~, 31 l,~ Printer's Fee $~_a" CERTIFICATE OF PUBLICATION STATE OF IOWA, ~oHNSON coUNTY, sS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ r(- being duly sworn, say that I an- the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper . times}, on the following date{s): ~r 1. ~--cj~~ (Site C ~ ~ ~. ~fANCE NO. 08-431fi FOODS (RSI SUP aDINANCE AMENDING THE ~ ~ 'PARCEL ONE • FfIONAL•ZONING AGREE- LOT f OF A RE5 TO MODIFY THE •CON- LOT 2, WESTPOF SITE PLAN FOR APPROXI- ~ CITY, IOWA,ACCf _Y 25.16- ACRES OF PROP- PLAT OF THE f !N THE COMMUNITY COM- RECORDED IN E IAL (CC-2) ZONE FOR . 264, PLAT RECD PORT PLAZA INCLUDING tART AT 855 '911 & 1001 SON COUNTY, I R F , 'VAY b WEST., (REZ08- ING THE E RO ING AT THE SOI NER OF THE WEE SEAS, on June 13, 1989, the IOWA CITY, JOHI lopted an ordlnarice rezoning IOWA, IN ACCO rdustrial, I-1, to Commercial, THE PLAT- RECC BOOK 32 AT Q ~~ ~`\ INC.) '~' SAID POINT OF BEGINNING. SAID ";PROPERTY IS- ALSO DN OF •~ DESCRIBED AS AUDITOR'S PAR- -IOWA ' C~L~ 200a-035, PURSUANT TO O THE' THE PLAT OF SURVEY RECORb- IfSION " ED IN BOOK 42. PAGE 287. PLAT PAGE RECORDS OF JOHNSON COUN- IOHN= TY, IOWA. EPT- WALMART LEGAL DESCRIPTION: IENC- LOT 1 IN FINAL PLAT WESTPDRT ' CDR- PLAZA, IOWA CITY, IOWA, IN LAZA, SECTION 16, TOWNSHIP 79 LINTY, WITH NORTH, RANGE 6, WEST OF THE FIFTH PRI NCIPAL MERIDIAN, IN PLAT JOHNSON COUNTY, AS PER THE PLAT DF SUBDIV1510N FILED IN ntl located South of Highway 1 RECORDS OF THE JOHNSON BOOK 32, PAGE 289, MORE PAR- t; and COUNTY RECORDER'S .OFFICE; TICULARLY DESCRIBED AS FOL- :REAS, on June 13, 1989, the. THENCE .NORTH 00 DEGREES, LOWS: - ~ ' ph Company and the City 51 MINUTES 23 SECONDS EAST, COMMENCING ;AT THE SOUTH- ~ed into a Conditional Zoning ALONG THE EAST LINE OF 5AlD EAST CORNER OF THE 50UTH- ement which established cer- WESTPDRT PLAZA, 854.05 FEET- WEST QUARTER OF SECTION conditions and restrictions on TO THE POINT OF BEGINNING; 16, TOWNSHIP 79 NORTH, wnorotsaid 28.084 acres, and THENCE NORTH 38 DEGREES 29 RANGE 6, WEST OF THE FIFTH :REAS,.WaI-Mart owns or is MINUTES 03 SECONDS WEST, • PRINCIPAL MERIDIAN; THENCE r contract to purchase a por- 94.65 FEET TO A'POIN7 ON THE NORTH 00 DEGREES 51 MIN- of the 28.084 aces end now NORTH LIME OF SAID WEST- UTES 23 SECONDS EAST (A es to redevelop its land, which PORT PLAZA; THENCE SOUTH RECORDED .BEARING), ALONG ; nsidered to be major entrance 84 DEGREES 08 MINUTES 37 THE EAST LINE Of=SAID SOUTH- s City; and SECONDS EAST, ALONG SAID WEST QUARTER, 23D.00 FEET, :REAS, the City has a poliry to NORTH LINE, 60,00 FEET; TO THE SOUTHEAST CORNER . °rve and enhance the THENCE SOUTH 00 DEGREES 51 OF WESTPDRT PLAZA, IOWA I nceways to Iowa City; and MINUTES 23 SECONDS WEST, CITY, JOHNSON GOUNTY, IOWA, IRF~45, Wa1-Mart has request- ALONG THE WEST LINE OF SAID IN ACCORDANCE W1TH THE he 1989 Conditional Zoning WESTPDRT PLAZA, 73.20 FEET, PLAT THEREOF RECORDED IN sment be amended to ailow for TO SAID POINT OF BEGINNING. PLAT -BOOK 32, AT PAGE 289, ubstitution of the 1989 Concept PARCEL TWO RECORDS OF THE JOHNSON Plan with a new a Concept Site NON-EXCLUSIVE EASEMENTS COUNTY RECORDER'S OFFIGE; and building design (dated APPURTENANT TO' ANt3 FOR THENCE SOUTH 89 DEGREES 42 , 3, 2008) and the addition of a standing sign at the Ruppert THE BENEFIT OF PARCEL ONE, AS CREATED' IN EASEMENTS MINUTES 40 SECONDS WEST, ALONG THE SOUTH LINE OF driveway to the property; and WITH COVENANTS AND SAID WESTPDRT PLAZA, 811.94 REAS, the Planning and RESTRICTIONS 'AFFECTING FEET; THENCE NORTH 49 rg Commission has recom- LAND DATED JANUARY 29, 1993, DEGREES 57 MINUTES 39 SEC- led approval of said amend- s to the Conditional Zoning FILED JANUARY 29, 1993 IN BOOK 1497, PAGE 102; AS ONDS WEST, ALONG THE WEST- ~ ERLY LINE OF SAID WESTPDRT 3ment subject to conditions ~d to ensuring that the property AMENDED BY AGREEMENT TO AMEND ECR RATED OCTOBER PLAZA, 3.46 FEET, TO THE I SOUTHERNMOST CORNER OF ' cps in a manner consistent 26, 1994, FILED DECEMBER 27, LOT 1 OF SAID WESTPDRT he Comprehensive Plan, pay- 1994 IN 840K 1852, PAGE 103; PLAZA, AND THE. POINT OF j articular attention to the aes- A5 FURTHER AMENDED BY .BEGINNING; THENCE CONTINU- ,~ sand landscaping of this site AGREEMENT TO AMEND ECR. ING NORTH 49 DEGREES 57 MIN- ~ serves as a major entrance- DATED OCTOBER 17, 1996, UTES 39 SECONDS WEST, o the city; FILEp OCTOBER 25, 1996 fN ALONG THE SOUTHWESTERLY =REAS, ail other requirements BOOK 2176, PAGE 52; AS FUR- LINE OF SAID LOT 1, 714.00 the Conditional Zoning THER AMENDED BY TRIAD FEET TO THE WESTERNMnST ~ Em r~ AI i~1J,~~> re df Legal Clerk , Subscribed and sworn to before me wl wi this day of a Ar ~~at ~ 4lNDA KROTZ ° `~^ a ~ Commission Nurnber 73261 hjly Corrtrrtission Expires or- ~ January 27, 2DS1 HEREAS, Iowa Code §414.5 WITH ~7) provides that the City of Iowa RESTRIC may impose reasonable condi- LAND, D/ s on granting an applicanE's FILED J, ming request, over and above BOOK 22 sting regulations, in order to sat- PARCEL public needs caused by the COMMEN jested Change; and EAST CC 1EREAS, the owner and appli- PLAZA, I cant has agreed that the property Publll shall be developed in acoardance with the terms and conditions of the Conditional' Zoning Agreement attached hereto to ensure appropri- ate development in this area of the city. •WHEREAS, the Iowa City, City Council concurs with the recom- ~,,,,~„ mendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The Conditional Zoning Agreement is hereby amended to include a revised wncept plan and building design {dated July 3, 2008) and the addition of a free standing sign at the Ruppert Road driveway far the property described below: LEGAL DESCRIPTION: CUB THE JC RECORDEF NORTH 00 JYtNRNiS RNLI INS AFFECTING D JANUARY 9, 1997, JARY 30, 1997 iN PAGE 23. ' SEE IG A7 THE SOUTH- ER OF WESTPDRT fA CITY, JOHNSON SWA, IN ACCOR- 'ITH 7HE PLAT IN PLAT BOOK 32, AT F Ti-IE RECORDS OF INSON COUNTY 5 OFFICE; THENCE DEGREES 51 MIN- SECONDS EAST, EAST LINE OF SAID PLAZA, 754.71 FEET, NT OF BEGINNING, JTINUING NORTH OD MINUTES 23 SEG- E ONDS EAST; 1 DEGREES 39 ONDS WEST, WEST ENCE DUTH 35 ERLY, WHOSE 538 SEC- CHORD BEARS SOUTH 51 DEGREES 02 MIN S 35 SEC- ONDS WEST TO f FEET, 70 710N WITH THE NORTH 40 DEGREES. 02 MIN- UTES 21 SECONDS EAST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 367.11 FEET; THENCE NORTHWESTER- LY 33.14 FEET ALONG SAID NORTHWESTERLY LINE, ONE 15.00 FOOT RADIUS CURVE. CONCAVE SOUTHWESTERLY, WHOSE 26.80 FOOT CHORD BEARS NORTH 23 DEGREES 15 MINUTES 44 SECONDS WEST; THENCE NORTHWESTERLY 12.30 FEET, ALONG SAID NORTHWESTERLY LINE, ON 112.50 FOOT • RADIUS CURVE. CONCAVE SOUTHWESTERLY, WHOSE 12.29 FOOT CHORD' BEARS NORTH 89 DEGREES 41 i MINUTES 45 SECONDS WEST; THENCE 50UTH 87 DEGREES 10 l MINUTES 19 SECONDS WEST. , FEET; THENCE: tLY 116.45 FEET ORTHWESTERLY 50 FOOT RADIUS EVE NORTHEAST- ..[ c!, Gh~T{ e~'~a~s C~~..s.. ~ g - y3 `~ c z~ V RIGHT OF-WAY LINE OF IOWA PRIMARY ROAD N0. 1; THENCE NORTH 48 DEGREES 18 MEN- , UTES 47 SECONDS EAST, ALONG SAID NORTHWESTERLY LINE AND SOUTHERLY RIGHT- OF-WAY LINE 80.40 FEET; THENCE SOUTHEASTERLY 48.28 FEET ALONG SAID NORTHWEST- ERLY LINE ON A 112.50 FOOT • RADIUS GURVE, CONCAVE. NORTHEASTERLY WHOSE 47.91 ' FOOT CHORD BEARS SOUTH 80 ' DEGREES 31 MINUTES 59 SEC- ONDS EAST; THENCE NORTH 87 DEGREES 10 MINUTES 19 SEC- ONDS EAST, ALONG SAIb NORTHWESTERLY LINE, 66.28 FEET; THENCE SOUTHEASTER- LY 107.37 FEET, ALONG SAID NORTHWESTERLY LINE ON A 187.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY WHOSE 105.91 FOOT CHORD BEARS SOUTH 76 DEGREES 25 MINUTES 22 SECONDS EAST; THENCE NORTH 40 OEGREES 02 MINUTES 21 SECONDS EAST ALONG SAID NORTHWESTERLY LINE 486.55 FEET.. TO THE NORTHERNMOST CORNER THEREOF; THENCE SOUTH 49 DEGREES 57 MINUTES 39 SEG ONDS EAST ALONG THE NORTH- EASTERLY LINE OF SAID LOT, 1497.34 FEET TO THE EASTERN- MOST CORNER THEREOF; THENCE SOUTH 40 DEGREES 02 1 MINUTES 21 SECONDS WEST ALONG THE SOUTHEASTERLY ' LINE OF SAID LOT 1,474.00 FEET; , THENCE SOUTH 49 DEGREES 57 ' raa r. I =RLY I NCE I MEN- UTES 21 ; ALONG SAID LINE, 486.40 FEET TO THE POINT OF BEGINNING. , LEGAL DESCRIPTION: STAPLES ~ (STAPLES THE OFFICE SUPER- STORE EAST, INC. ` RESUBDIVISION OF (PORT P1~4ZA, IOWA IN JOHNSON COUN- TY, IOWA. PARGELTWO ' NON-EXCLUSEVE EASEMENTS APPURTENANT TO ANb~FOR THE BENEFIT OF PARCEL ONE, ' AS CREATED BY EASEMENTS WITH COVENANTS ANDI RESTRICTIONS AFFECTING ~ LAND DATED JANUARY 29, 1993 FILED FOR RECORD JANUARY ' 29, 1993 RECORDED IN BOOK 1497, PAGE 102, AND AS AMEND- l ED BY AMENDMENTS THERETO 1 OF RECORD. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk j is hereby authorized and directed to certify a copy of this ordinance and the Amendment to Conditional Zoning Agreement and record the j same in the Office of the County Recorder, Johnson County, Icwa, at the Owner's expense, upon the final , passage, approval and publication of this ordinance, as provided by - law. SECTION V. REPEALER. Alf ordi- ', nances and parts of ordinances In conflict with the provisions of this' ' Ordinance are hereby repeated. SECTION VI. SEVERABILITY. If any section, provision or part of She Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicatlan shall not affect the validity of,ihe Ordinance a5 a whole or any section, provision or part thereof not adjudged invalid ar unconstitutional. SECTION Vtl. EFFECTIVE DATE. , This Ordinance shall be In effect ' after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day I of September, 2008. E s/Regenla D. Bailey, Mayer Attest: slMartan K. Karr, City Clertc ~ CONDITIONAL ZONING AGREE- MENT THIS CONDITIONAL ZONING AGREEMENT (this "Agraement'ry is business trust . xes, Inc., a ~n {collacttvely, IVALU INC.. a a a restrictions on 28.084 aoreS;E I WHEREAS,' amended on f (as so emends amended"}; am , WHEREAS, ,y, ,-,,, `Owners'j. i 3, 1 sag, u,e alts rezoning Commeraal, 28.084 acres o! Highway 1 ~ ie 13, 1989, the and the City tditional Zoning 139 CZA"y which 4 conditions and owner of said 1989 CZA was ' :mbar 24, 1996 a °1989 CZA. as ' the 1989 CZA, as a covenant running , and inures to the ben- ' efit of all successors and assigns of I the property burdened thereby; and ~ WHEREAS, Wal-Mart owns approximately 13.75 acres (the °Wal-Mart Parcels and has the rigrit to purchase approximately 11.41 ~ acres a! the original 28.084 acres of I 1 rho nrnoanv burdened by the 1989 , I, which is considered to ~ entrance to Iowa City; and ,S, the City has a policy to and enhance the ~ays to Iowa City; and 1S, Wal-Mart has submit- cept Site Plan to the City folly varies from the terms in the 1989 CZA, as and has thus requested CZA, as amended, be ~ by replacing it with this . ~t with respect to the , and .AS, the Planning andi to j manner with the City's Comprehensive Plan as it.i exists as of the date of this ~ j Agreement arw compatible with the adjacent neighborhood, paying par- ticular attention to the aesthetics and landscaping of lhis site which serves as a major entranceway to I the City; WHEREAS, Iowa Code Section ~ 414,5 (2007) provides that the City . may impose reasonable conditions when land' is rezoned over and ' above existing regulations in order ' to satisfy the public needs directly i caused by the requested change; and WHEREAS, Owners acknowledge i that certain conditions and restric- tions are reasonable to ensure that the Property is developed in a man- ner consistent with the Comprehensive Plan and is com- patible with the adjacent neighbor- WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this I HEREFORE, it is agreed fls fol- lows: 1.This Agreement hereby replaces and supersedes the 1989 CZA, as amended, with respect to the land legally described in Paragraph 2 herein. 2.Owners era the title holder of the land legally described as folbws: Wal-Mart Parcel: Lot 1 Of Final Piat Westport Plaza, Iowa City, Iowa, In Section i6, i Township 79 North, Range 6, West Of The Fifth Principal Meridian, in Johnson County, As Per Plat Of I Subdivision Filed In Book 32, Page 289. Staples Parcel: Lat 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Icwa, In i Johnson County, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa. SuperValu Parcel: Lot 1 Of A Rasubdivision Of Lot 2, Wesiport Plaza, Iowa City, Iowa, According To The Plat Ot The Resubdivision Recorded in Book 37, Page 264, Plat Records Of' fad In Plat Book 32 At Page ' Df The Records Of The m County Recorder's Office; a North 00 Degrees, 51 s 23 Seconds East, Along ast Line Of Said Westport 854.05 Feel To The Point Of , ling; Thence North 38 :s 29 Minutes 03 Seconds 94.65 Feet, To A Poim On orth Line Of Said Westport ; Thence South 89 Degrees . utes 37 Seconds East, Along ' North Line, fi0.00 Feet; 3 South 00 Decrees 51 , nn rvesr una Ur aara WBStpart f Plazs, 73.20 Feet, To Said Point Of Beginning. 3.The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City and to take spacial care Continued an next page i Q ~3 ~s wtth regard~to the site design of commerCial~establishments, includ- Eng landscaping to soften the Impact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circum- stances; 4.The parties agree that Htgt+way 1 West is a maior entranceway to ihiS Phase II nas not been completed upon the expiration of the tempo- rary certificate of occupancy, said certifieata may be extended it the Applicant nas strown good faith efforts to begin Phase II; ' f. Upon completion Cf Phase U in conformance with all applicable City requirements, the City shall issue a certificate of occupancy; g. Wal-Mart delivery traffic shall be directed to anfer and exit the site ~ from Ruppert Road. fi. The Plans attached maybe mad- ! ified within the general parameters of the Plans, such as structural approving this Agreement grid rezoning the Property (the "Ordinance', and Shat upon adop- tion and publication- of the Ordinance, thisAgreemen{shall be recorded in the Johnson County Recorder's Office at Wal-Mart's expense. 12. The C'tty acknowledges this Agreement is being entered into prior to Wal-Mart acquiring fee title to that portion of the Property cyr- .pn+i~ owned by Suoervalu and 3menrties over ena avove Lay reg- ~lations in order to lessen the mpad on the surrounding area and enhance the development of the 9ntrancaway to the City, said amenities are more particularly described below; S.The development wiSS sutastantial- ty conform to the Concept Sita Plan (including the building elevations) (the `Concept Site Plan"~ and Landscaping Plan dated July 3, 2008, attached and qy this refer- ence incorporated herein (coilec- tivaty, the "Plans'"), particularly witty . regard to the building location and . orientation, the square footage Cf greenspace, the storefront land- . seeping, fagade design, and the rnnflauration of barking spaces. In agrees and acknowledges ttuu: a. The three internal landscaped median aisles running the length of the parking lot, but not ebntaining e sidewalk, shall have a minimum width of nine (9) feet; rate with b. Wal-Mart shall r~IP~ bus stop the City to locate a p andlar shatter on the site and Wal- Mart shall, in its discretion, either relocate the shelter currenlty locat- ed on th9 Wa1-Mari Parce~~ the new location agreed-upon Gity at Wal-Mart's expense or shalt acquue•and install or Construct a new sheites, at Wal-Mart's expense, equ IQoathe bus sh Iter utnten ~ located on the Wal-MaM1 Parcel, and subject to terms and Conditions to be agreed upon in writing b1 Wal-Mart and the Gty Manager a: the representative of the City; c. Three frae•standing signs steal be permitted to tae located a; shown on the Concept Site Plan; d. Tha PrppertY may be re-level ,,,,r,..- -, - Store. Phase ll shall consist o and 9nstallatiana of i tthe 1 nal s le improvements; e. Upon completion of Pha l+cable conformance with all app City requirements, the City shall issue a temporary cartiticate of ` occupancy valid for 120 days. If In this Agreement shall tae cnn- sbued to require Owners to con- form to the Plans In ovary detail, as the Plans are intended as concep- tual in nature. Neither party may irttentlonaliy digress from the Pfans for any arbitrary reason. 7. Owners and the City ackrwwt- conditions satisfy public needs that era directly caused by the request- ed rezoning. 8. Owners and the City acknowl- edge that in the event the Property Is transferred, sold, redeveloped, or subdividrad, all redevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that ibis Agreement steal} be deemed effective upon recurr pin acid puc6h- shall occur upon adop litation of the Ordinance and the parties further acknowledge that this Agreement shall be deemed to be a covenant running with the land and with fttle to the land, and shall remain in full force and ef1eM as a covenant with title to ttre land. unless or until released of record by the City. !n the event oa~n~ but ding net pick up and pay 'permit for the construction of the Wal-Marl supereenter structure wntemplated on the ao~ ~romSi~ Plan within two (23 Y a...a .,. Rniinril avoroval of the event of such release any repear, the Property shall continua to be sub(ed to and burdened by the 1989 C71t, as amended. I Tha parties further acknowledge that this agreement shall inure to the benefit of and bind all succes- sors, representatives, and assigns of the parties. 10.Owners acknowledge that noth- ing in this Agreement shall be con. strued to relieve them flrcable oval, ing with ail other app' state, and federal regulations. 11. Tha parties agree that tots i Agreement shall be incorporated by reference into the ordinance { of the Wal-Mart supercentar struc- ture cantemplatad on the Concept Site Plan, the Property and the buildings presently existing thereon shall be required tv Comply with the 1989 C2'A, as amended, and not this Agreement. ' 13. if Wal-Mart or any Ovmer, is delayed or hindered in or prevented from the performance of any obliga- tion required under this Agreement by reason of failure of power, strikes, lock outs, riots, insurrec- tion, war, military or usurped power, sabotage, unusually sevase weath- er, fire or other casualty ar other raasrtn of a like nature t7evond the for the period of the delay. l]ated this 22nd day of August, 2008. WAL-MART REALTY COMPANY, an Adcaresas corporation BY: sBrian Hooper Name Brian Hooper Title Regional Vice President, Design and Real Esfata WAL-MART REAL ESTATE BUSI- NESS TRUST, a Delaware stahrto- ry trust ~ By: slBnan Hooper Name Brian Hooper Title: Regional Vice President, Design and Real Estate WAL-MART STORES, INC., a Delaware corporation By: sfBrian Hooper Name Brian Hooper Title: Regional Vice President, Design and Real Estate SUPERVALU INC., a Delaware corporation, .successor to RSi- Supervalu Inc., a Delaware corpo- ration By: 5/Ronald T Mendes Name: Ronald 7. Mendes Trtle: Vice President STAPLES THE OFFICE SUPER- STORE, East Inc. a Delaware cor- poration By: sfJohn Barion Name: John K. Barton .Title: Executive Vice President r CITY OF IOWA CITY, IOWA By: s(Regenia q. Battey, Mayan ^, Attest: s/Marian K. Karr, Ciry Clerk cam.. ~g - ~ 3 ~ ~ ~ ~zW~ ~-. P ~ - 4 "-~ S i F + C P~ (- `i f 1 ' S I ~ ~ . ~ 8 A~ _ i ~i.~ ~~~ ~ ~ f lF4V,I II ~ •i e F ~s F 1 ... ~~ ~ ~. / '~~ ~~e~ ~; 'f~ ~~~! ~ \ P i~ lid ~~ ~ 1 ti Fes, X4'4 ~ "~ k i Via. `~ °~~ i =~ ~ ~~ ~ p + ~ z '~ a ~\ ~ [ + I i 1 x e ga~ E it ?. i' ~t~`. ~d, ff ~~ ~~~~~~ i F i - ~ ~ ~~ ! f i F~ r: 1~~~V ,3 F F tFE~ ~ ~~1 ~~ iY I . F f - ~' F~ ~- ~ FF R8 ! ~ r: ,1 Ii ~ F i! ~ <l j ••:r - - - - - -- - - -__ 1 r SY _ _~ ~J~ ~ .d !~ .~..~...... ~ .........:........... ~ ~' ~ ~~ f F ;~5 ii f €` `Ei€[ ~I~~ ~I~~ ~ ~ I ~ ~ ~ ~,1'f!'~~k ~~~~t7~~~t!'I ~~~dj~~~ i ~~~; i~ ~ ~ .yi E `~ I!I II~~ It I '~~i ~,gH ~'~~ __ .~ :; ~{~ ~~ . ! ~ ~, ,.~.: I mot{ ~ `~ 4 ' ../ /! it ^ i ~~ ,`\~~ ,`` - e ~ "~~~ ~~~~ \\,~~ _ 1lr~ll' ! ,sEls;;11 ! i ~j~i ! Elill~! ! lil ! ~~ ~ -..t ' ~v'S~ ~ ~ ~ - • ~ ~ i ~ 'a~ .~l~$ { I`IL'I N ~ ~ ~: uq I i E F~lj],~~, ~~. ,p ~ a: c -• +' :~ ~ T F ~ . ~, .-r ~~ g a ~ r, ~'. ,. i 1 ~~"~... ij S .! ~I S 1 .~ t1 t i 'r ~ ~~; s ~~ 1 2 ~ a h '~' m ~... m - ~~, ,.. ._ _~.~.., .~ ~~~ '~~ ~,. ~.._...... ~-,x. ~.,w., fyy~ 1. ' ) n s a ~ ~ ~ ry ~ ~ a v F l :~ - Iir I ~ r , ~~~~~ w~°°~`o~ C[TY OF IOWA CLTY 410 East Washingron Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 35b-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. 08-4317 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of September, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 1st, 2008. Dated at Iowa City, Iowa, this 17th day of November, 2008. ~~ Julie aparil Deputy City Clerk Printer's Fee $ ?~~.p0 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-a33a670 I, Gc~ e. being duly sworn, say that Ism the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper times}, on the following date(s): AQ~~ Legal Clerk Subscribed and sworn to before me this I day of~~,~,~ A.D. za~_. try Public ~ LJNDA KROTZ ~, Gommis5ian Number 73261 • My Carrtmiss+~t1 Expires Janus Z7, 2011 OFFICIAL PUBLICATION ORDINANCE N0.08-43.17 ORDINANCE AMENDING -TrrLE b. No person shall operate an electric personal assistive mobility 9, ENTITLED "MOTOR VEHICLES device upon a sidewalk in the cen- AND TRAFFIC," TO ALLOW trot downtown business district. The ELECTRIC PERSONAL ASSTS- T1VE MOBILITY DEVICES 70 BE central downtown business district is the area bounded by and includ- OPERATED ON 5lDEWALKS ing Capitol Street to the west, EXCEPT DOWNTOWN AND TO Burlington Street to the south, I REOUIRE OPERATORS TO Gilbert Street to the east, and YIELD THE RIGHT OF WAY TO Jefferson Street to the north. SEGTION Il REPEALER All PEDESTRIANS. WHEREAS, electric persona! . . ordinances and pans of ordinances ~ assistive mobility devices are in conflict with the provision of this ~ defined as motor vehicles in the Ordinance are hereby repealed. i City Code; SECTION Ili. SEVERABILITY. If WHEREAS, because motor vehi- an section, r p art of the ' d p cles cannot be operated on: City _ Or inance stt ali be adjud ged to be Sideways, currently it is not legal to invalid or unconstitutional, such operate electric personal assistive adjudication shall not affect the ility devices on City sidewalks; _ validi of the Ordinance as a whole or any section, provision ar part WHEREAS, it is in the best inter-~• thereof not adjudged invalid or Est of the City to allow electric per- 5onal assistive mobility devices tc unconstitutional. SECTION IV. PENALTIES FOR tie operated on City sidewalks, VIOLATION, The violation of any except downtown, an the condition provision of this ordinance is a sim- that operators yield to pedestrians pie misdemeanor. and operate them in a safe manner. SECTION V. EFFECTIVE DATE. ~ NOW, THEREFORE, BE IT 7hls Ordinance shalt be in effect ~ ORDAINED BY THE CITY COUN- ~ after its final passage, approval and i CIL OF THE CITY OF CITY, IOWA: publication, as provided by taw. SECTION I. AMENDMENTS. ~ Passed and approved this 23rd ~' 1. Title 9, entitled "Motor Vehicles day of September, 2008. and Traffic," Chapter t, entitled slRegenia D. Bailey Definitions, Administration and ~ Attes[: slMarian K. Karr, Enforcement of Traffie Provisions," City Clerk Section 1; entitled "Definitions,' is 66760 October 1, 2008 Hereby amended by deleting the definition of "motor vehicle" and by adding the following new defini- ons: Electric Personal Assistive Mobility Device.. A sel4balancing, rSontandem two-wheeled device Rowe{ed by an electric propulsion System that' averages seven hun- dred:frfty watts end is designed to transport one person, with amaxi- ' rfium speed on a paved level sur- face of.less than twenty miles per Flour. The maximum speed shall be calculated based on operation of t~e device is powered solely py the ' electric propulsion system. For pur- f~ses of this chapter, 'electric per- Tonal assistive mobility device° does not include an "assistive, '1 device' as defined in section 216E.1 ofahe IowaGode. `.'Motar°,Vehlcle. Every vehicle mechanically self-propelled exclud- ' ing µelectric personal assistive ~ mobility devices. 2. Title 9, entitled "Motor Vehidas and Traffic,° is amended by adding a new Chapter 10, enti- tled "Electric Personal Assistive Mobility Devices," as foNows: a. A person who operates an elec- trlC OerSbnal 85515tIV9 mnhililu ancu yrera me ngn[ of way t6 any pedestrfan, and shall not operate it In such manner as to indicate a will- ful orwanton disregard for the safe- ty of persons. i ~ ~ STATE OF IOWA } SS JOHNSON COUNTY ) ~~~~~ lll~llw 410 East Washington Street Iowa City, Iowa 52240-1826 {319] 356-5000 {319] 356-5009 FAX www.icgov.org "~~~~il CITY OF IOWA CITY I, Julie K. Voparil, Deputy City Clerk of the City ofi Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 08-4318 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held an the 21st day of October, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 29th, 2008. Dated at Iowa City, Iowa, this 17th day of November, 2008. ~~ Julie oparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION ' OFFICIAL PUBLICATION OFFICIAL PUBLICATION STATE OF IOWA, I ~RDINANClT N0.08-4318 ~ . includes a small section of proper- ORDINANCE AMENDING TITLE ~ ~ ty that is not part of the city plaza; JOHNSON COUNTYy SS: 6, ENTITLED "PUBLIC HEALTH WHEREAS, it is in the AND SAFETY," CHAPTER 10, best interest of the City tc adopt a THE IOWA CITY PRESS-CITIZEN ENTITLED, "SMOKEFREE corrected diagram that illustrates . PLACES," TO CORRECT THE where smoking is prohibited in city FED. ID #~42-0330670 DIAGRAM THAT ILLUSTRATES plaza. WHERE SMOKING IS PROHIBIT- NOW, THEREFORE, . ED IN CITY PLAZA. BE IT ORDAINED BY THE CITY WHEREAS, in COUNCEL OF THE CITY OF CITY, Ordinance No. OS-4314, the City IOWA: I, i declared places to be non-smoking. in addition to those set forth in HF being duly sworn, Say 2212, the Iowa Smokeiree Air Act ~ {"the Act"); that I am the Iegal clerk of the IOWA'' place is aty plaza in the area to the east of the southeast corner of 125 CITY PRESS-CITIZEN, a newspaper s. D~bunt~e Street {alkla Plaza Centre One), which is illustrated in published in said county, and that a a diagram; WHEREAS, the south- ern boundary of the diagram notice, a printed copy of which is hereto attached, was published in said paper ,time{s}, on the fallowing dates}: Legal Clerk Subscribed and sworn to before ins this .~ 15~ - day o ~ A.D. 20~ --_. u a~¢'"t a LINDA _~ Commission P o~. My Cornmi, Public. SECTION I. AMEND- MENTS. Title 6, entitled "Public Health and 5afety," chapter 10, entitled "Smoketree Places," is hereby amended by deleting the diagram of city plaza and inserting in lieu thereof the attached diagram. SECTION II. REPEAL- ER. All ordinances and parts of ordinances in conflict wish the pro- vision of this Ordinance are hereby Nansrnoking Places City Plaza Augvat 2008 O I~ ~ ~ !~ d t~ w ~ r7esignated nonsmofdng srca OFFICIAL PUBLICATION repealed. . SECTION Ilf. SEVER- or as a whole or any section, provi- sion or part fftereof not adjudged invalid or unconstitutional. SECTION IV. EFFEC- TIVE DATE. This Ordinance shall be in eftect after its final passage, approval and publication, as pro- vided by law. Passed and approved this 21st day of October, 2008. slRegenia D. Bailey, Mayor Atlest: s/Marian Karr, City CEerk 67062 October 29, 2008 W~a~hing~ton St~ree\t - "„ l _ d o a~ oho C~ Q fl ~o ao o ~ ~Y v 2r, 2019 ~ r ~ ~~,:.®~ ,fir ~:~III~~~l ~ ~ ~~ CITY OI= IOWA CITY 410 East Was~ingron Streer Iowa City, Iowa 52240-1826 [319) 356-5000 (314) 35b-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. 48-4319 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of November, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 12th, 2008. Dated at Iowa City, Iowa, this 8th day of December, 2008. J ~ Voparil Deputy City Clerk Q Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~~r-~--- e~ e ,l~l ab+e 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): k ~~ U„Q yn.~'J er I ~._ ~~ Legal Clerk Subscribed and sworn to before me this /~-~"' ._ __ day of A.D. 20 N tart' Public I~p~.~s ~i~voA K~oTZ ~ Commission Number 73 e519 • My Commission Exp • o.~,- Janu2 27, 2031 4~ ORDINANCE NO. 08-4319 AN ORDINANCE AMENDING ARTICLE 1458, SIGN REGULATIONS, ARTICLE 1480, SIGN DEFINITIONS, SECTION 14AB-1, ININOR MODfFICATIONS, AND ARTICLE 143C DESIGN REVIEW, TO ALLOtfU LIMITED USE OF FREESTANDING SIGNS fN THE CENTRAL BUSINESS SERVICE (CB-2) ZONE, ADD A DEI=INITION 'AND STANDARDS FOR ENTRANCEWAY SIGNS, AND CLARIFY REGULATIONS REGARDING SIGNS ON RENTAL PROPEATIE5 'WHEREAS, the Genlral Business Service (CB-2) Zang is intended far the orderly expansion of the Central Business District, to serve as a transition between the intense land uses krcated in downtown Iowa City and adjoin- ing areas and to enhance the pedestrian orientation of the central area of the city ;and ( WHEREAS, freestanding signs are typically not suitable for pedestrian-oriented urban commercial areas, but fliers are limited circumstances in the CB-2 Zone where the existing configuration of a site and location of the building or buildings on a site might make it practically difficult to install a monument sign end that other types of allowed signage would not t7e readily visible from the street due to the location of building{s> or other unique site charac- teristics; and ~ r WHEREAS, archways that delineate the entrance to a parking lot or grounds may be appropriate locations for i directional and/or identification signage; and WHEREAS, commercial sign clutter detracts from the residential character of single family neighborhoods; and WHEREAS, signs advertising real estate for sale ar tease shouk! 4e temporary in nature and not ptamranentiea- tures on a building; and WHEREAS, small signs identifying the leasing company era appropriate on larger multi-family buildings In multi- family zones where due to the number of apartments turnover rates are higher. 'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SEf;~fON I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. By repeating Ariicte 1 A-56, "Sign Regulations," and substituting In lieu thereof "Article 14-5B, Sign Regulations,' attached hereto and incorporated herein by thisretarence; and B. Amending Article t4•gC, "Sign Definitions,` by adding definitions of 'entranceway sign" and 'residential leasing company sign," as follows: ENTRANCEWAY SIGN -Anon-building sign incorporated into or mounted on the face af, ar affixed above or below an entranceway arch that extends over a walkway or driveway. Said sign type is intended to identity and direct tsaf- fic to a place, grounds, or parking Eat. The sign may include the Hams of only one entity or plaoe and an assDCiat- ' ed logo, crest, or insignia that identifies the place, grounds or entity to whidt.the parking or grounds belong. The sign may also include the words, "parking,"_"entrance," and/or directional arrows, but rtay not contain any adver- using message. RESIDENTIAL LEASING COMPANY SIGN: A building sign displaying the name, address, phone number, web` site, crest, insignia, andlor Vademark of the (easing company For the multi-(amity building upon which it is located. C. Amending Article 14-9C, "Sign Definitions," py deleting the definitions of "real estate sign" and temporary sign," and substituting in lieu thereof, new definitions for these sign types as follows: REAL ESTATE SIGN: A temporary sign which advertises the sale, rental ai lease of the premises ar part of the premises on which the sign is located, including open house directional signs. TEMPORARY SIGN: A yard sale sign, temporary identification sign, real estate sign, or political sign conslructad of temporary materials, such as cardboard, wallboard or plywood, with or without a structural frame, intended for a temporary period of display, but excluding banners. D. Amending Sectfan 14.46-1, "Minor Modifications," by adding a paragraph 20, under subsection A,~"Applicability,' ~ as follows: 20. Freestanding sign in the CB-2 Zone, according to the approval criteria and spedfications as stated In Table 5~- 4 in Articta 14-5H, Sign Regulations. E. Amending Section t4-3C-2, "Applicability," by adding a paragraph e, under subsection A, "Designated areas, r buildings, and structures,` as follows: B. Entranceway Signs Requests far an alternative design for an entranceway sign as provided far in Article 14-58, Sign Regulations. F. Amending paragraph 143C-3A-1, "Level I Review," by adding asub-subparagraph {8) under subparagraph a, as follows: (ey Requests for an alternative design for an entranceway sign as provided for in Article 14-58, Sign Regulations. SECTION Ill. REPEALER. All ordinances and parts of ordinances in contlid with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABIl ITV. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shat) not affect the validity of the Ordinance as a whose or any section, prrni- sion or part thereof not adjudged invalid or unconstitutional. SECTjON V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publica- tion. ' Passed and approved this 3rd day of,November, 2008. slRegenia D. Bailey, Mayor Attest. siMarian K. Karr, City Clerk Article B. Sign Rogulatfons 1458-1 Purpose The purpose far this Article is to enhance and protect the physical appearance and safety of the community, to pro- tect property values and to preserve Iowa City's areas of natural, historic and scenic beauty. These regulations are also intended io reduce distractions and obstructions contributing to traffic accidents, reduce hazards caused by signs projecting over the public right of way, provide a reasonable opportunity far all sign users to display slgns~ without interference from other signage, to provide fair and equitable treatment for all sign users and to establish a reasonable period of time far the elimination of nonconforming signs. - 1458.2 General Rules and Appticabgity !.. ~ Applicability Alf signs on private property must be instaged, maintained, and/or removed aocording to the provisions of this Article, 8. Permit Required t r ~ ~Na sign requiring a permit in acoordanoe with the requirements of this Article shalt be installed, altered, moved, improved or converted without first obtaining a sign permit from the Building OKlciat or designee aocord'sng to the procedures specified in Chapter 8 a(this Title, Review and Approval Procedures. A permit is not required for incidental repairs or routine maintenance. 2. f;ertain types of signs are allowed without a permit and such exemption from the sign permit require- ments is dearly specified in the tables included in Sections 8 and 9, below. A permit Is required tar any sign that is not speclficalty exempted tram the permit requirements. c~-,~.. o ~ -- ti 3 t ~ - ~. 1. unlawful for ~~ . ~~ ~ ~ ~ ~ Sign Inatallera Llcenae Raqulred Except for those signs not r at a buildinc 2. known as a ter by reason of sa 3 - All sign fees shall be as es in 60 calendar day: 4.~ Acne-t 5. The Bu to suspend or revr by fraud yr if the lir door Cause to be r 6. • A persc Board of Adjustmei 7. If a lice 12 months after rep D. Appllci In env case in whi+ 1459-3 Ge A: Loy 1: ND 2. All the ioElowing e: provided no pa must not be lot 3. Bui ing sign or sigr 4. FDi Article, a Use r process. 5. ~ No attached to a s 8. Sig 1. Am standards and 2. Ele allowed Time e 3. In I setback area H 4. Fag of the street sh equidng a permit, as fisted in sections 8 and 8 of this Article, it shall be rove, improve, remove or convert any sign without having a sign installers ty. A one-8me sign installers ficanse shaft be evalfabie to a tenon! or owner mer's own sign to be installed. ' move, improve, remove or convert any sign as required herein shall be ~hal1 be issued by the Ciiy to the person desiring to periarm the work indl- sued to any person unfit such person shaft have paid to the City a ticensa ;ouncil and shall have filed with the Department of Housing and Inspection dractor's public liability insurance policy with coverage limits as set out in City-shall be designated as an additional insured, and the policy shaft pro- ys in advance at the termfna5an of tire policy. The license shat! indemnify d all damage, judgment, cost or expense which the City may Incur or suf- rall expire on Decemb@r 31 of each year. Renewal fe@s and reinstatement not the Cit)r Coundl. Any license that has expired may be retrtstated with- date upon payment of an additional reinstatement fee. allows any person not employed by the sign installer without a valid installers license to ny work requiring a license. laved by the revocation, suspension or denial of a license may appeal said action to the revoked for any reason, anoth@r installer's license shall not be issued to such person for as amended, contains more restdcti4e requirements than the regutaUons rmended, will govern. the Intersection Vsib(lity Standards set forth in Article 14-5D. •eof, must be set back ai least 5 feet from any property line, with er than 5 feet to a property line at 10 feat ar more above grade, ngs any properly lines. in addition, freestanding wide-base signs .t-ot-way or loser than 30 teat to any street curb, ilding setback requirements of the base zone. No part of a twlld- owed to project over the public right-0f-way according to the provisions of tltls ay Agreement muse be signed by the property owner as a part of the permitting ingress to or egress from any doer, window or fire escape. No sign shall be al zone, but within 100 feet pf a Residential Zona is subject to the t standards in the CO-1, CN-t and MU Zones, re not alowed within 100 feel of a Residential Zon@, except #or, ~ in Article 14-9C, sign Definitions. l fade signs, no sign shall be located in the required front buikfingj e. ' d Zones and within 50 feet pf a Residential Zone on the same side .e building facing the Residential Zone.. A. Construction All signs, except for temporary signs, shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and loads as required by the Building Code. B. Mlnlmum Clearance Height Tha minimum clearance height is m@asured from grade to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2, CS-5 and CB-70 Zones, the minimum clearance height is 8 feet. C. Maintenance ' All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. D. Changeable Copy 1. Copy that Is changed manually Any sign may contain copy that is changed manually, unless precluded 6y definition or specifically prohibited hero- in. 2. Croy that is changed electronicslly Signs where the copy is changed by electronic means are only allowed as specified below. a. The sign must be located in a Commerdal Zone or in a Public Zone. However, electronic changeable copy signs are not allowed within 1 DD feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article f4-gC, Sign t3efinilions. On properties zoned Public, electronic changeable copy signs are not allowed where said sign would tie visible from any adjacent Residentia! Zone. b. Electroriic changeable copy is allowed on.or.;y one sign per lot In the CH-1, CI-1, CC-2, CB-2, and C& 5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign GmiE. c. Tha changeable copy may not be animated (See definition of ANItiIIATED SIGN in Artce 149C, Slgn Definitions). The copy may be changed no more than once per hour, except for designation of the time and tem- perature, which may be changed more frequently. d. The sign may not contain images or be of a brightness that wilt interfere with, obstruct the view of, ar , confuse traffic. The sign may not contain images that may be corrtused with any suihodzed traffic sign, signal or device. The sign may not make use of the words, "stop " "go slaw," "caution," "drive in," "danger," pr any other word, phrase, symbol or character In such a way as to interfere with, mislead or confuse traffic, ' s. The sign must comply with the llluminadon standards as spedfied in the following subsection. t. In the MU, CO-t, CN-1, and CB-10 Zones, electronic changeable copy is only allowed on a time and r 1 g,o' and .ure sign {See definition of TIME AND TEMPERATURE SIGN in Article 149C). The electronic changeable lion of the sign is limited to the display of the time andlor temperature and may not exceed 40 percent of at the sign face. In Public Zones in Cfi-1. CI.1, and CC-2 Zones, signs, and For monument signs the al@ctronic the sign face. h. In the C&2 and C$-5 Z+ ' and monument signs. On time and to the display of the time andlor ten ~ument signs the electronic changer face. copy portion copy portion el@ctronic changeable copy is only allowed on tlma ase signs, and monument signs. pn time and tem- ign is limited to the display of the time andlor tem- face, On freestanding end freestanding wide-base by exceed 40 percent of the area of the sign face. the sign may not exceed 50 percent of the area of copy is only allowed on lime and temperature signs tunic changeable copy portlan of the sign is limited +d 40 percent of the area of the sign face. do mon- may not exceed 75 percent of the area of the sign k ~ ~ ~~ E. Illumination Requirements Illuminated signs must conform to the folowing requirements: 1. Except for signs in the ID and Residential Zones and spacial even! signs, all permitted signs may be internally or externally illuminated. All signs permitted in.the ID and Residential Zones and special event signs may only be externally illuminated with white light. 2. - Illumination through the use of exposed lamps or inert gas tubes is allowed, provided the exposed lam does not exceed 11 watts or that an inert gas tube does not draw more than 60 milliamps. When inside frosted ' lamps or exposed lamps with a diffusing screen are used, no lamp shall exceed 25 watts. 3. Illumination through the use of LEDs is allowed onty as specified for electronic changeable copy. All signs using LEDs must have installed ambient light monifo-s and must at all times allow such monitors to auto- matically adjust the brightness level of the electronic sign based on ambient light conditions. At no time shall the sign be operated at a brightness level greater than the manufacturer's recommended levels. The electronic changeable copy must be monochromatic. It must utilize a dark background with only Fhe message or image lit in i a single color. 4, Artificlal external light sources used to illuminate a sign face must be located and shielded such that the bulb is not directly visible from any adjacent residentially-zoned property or public right-of-way and must use a oar- row cone at light that does not extend beyond the illuminated sign face. 5, Illumination on a property, including illumination from signs, must not exceed o.5 initial hodzontal foot- candlas and 2.0 Initial maximum footcandles as measured of any point slang a property boundary that Is adjacent to or across the street from properties that are zoned Residential, CN-1, or CO-1. 6. Al] illuminated signs are subject to the provisions of the Electrical Code, including any permit tees. 7. Permit applications for electronic changeable copy signs must include a-copy of the manufacturer's operating manual, including any recommended standards (or brightness and other display operations. t3. For electronic changeable copy signs, whether the sign is programmed from the site or from a remote IocaUon, the computer interface that programs the sign shall be made available to City staff for inspectlon upon request. H the computer interface is not immediately available, the sign shall cease operation until such program can be provided. 14-56-5 Nonconforming 5ltuatlona - A. Nonconforming 51gns All legally nonconforming signs must comply with the provisions specified for nonconforming signs in Artlale 14-4E, Nonconforming Situations. Signs deemed "historic" may be eligible for a special exception according to the provi- sions specified in Article 14-4E, Nonconforming Situations. 6. Signs far Nonconforming Uses A nonconforming use is permitted to have the same amount and type of signage as would be allowed for such use in the most restrictive zone In which such use is allowed, except that residential teasing vompany signs are not allowed on muhi-family buildings In the RR-1, RS-5, RS-13, R5-12, and RNS-t2 Zones regardless of the noncon- forming status of the building. 1456-6 Prohitited Signs - A. Regulations are Exclusionary . These regulations are intended to fie exclusionary. Any type of sign not specifically fisted in this Article is prohibit- ed. to addition, the following signs are speafically prohibited in all zones: 1. Animated signs, except for barber poles as expressly permitted by this Article; ' 2. Hazardous signs; 3. Obsolete signs; 4. Painted wall signs; 5. Portable signs, including signs on wheels, trailers, and truck beds, but excepting those portable signs expressly permitted by this Article; 8, Roof signs; ' 7. Searchlights; 8. Spinners, balloons, pennants, or other similar devices; 9: Swinging signs. t0. No vehicle, including trailers, shall be parked so that it functions primarily as a sign. A vehicle will tae considered in violation of this provision if questions a. through c., below, can be answered in the aifirmativa and there is no compelling answer to question d. to justify the panting location as opposed to some less conspicuous location. a. is the vehicle parked at a prominent location? b. Can people driving by the sign easily read the sign? c. Is the vehicle in the same or similar locations for several•hours during the same day or for several days during the same week? , d. Are there any stated or apparent reasons, other than for signage purposes, that justify the vehicle being r et that location? `Prohibited or Illegal Signs following procedure, the Building Official or designee is authorized to require the removal a~ ~.~~. ~. netare tatting action to require the removal of any iAegal or prohibited sign, the Building t]ffidal or designee will provide written notice to the owner or operator of the business to which the sign relates. 2. The notice will specify that the illegal or prohibited sign must be removed or broughE into compliance with this Article within a reasonable time of such notice. 3. If the sign isnot-removed or repaired, as the case may be, within the limo allowed, the Building Offidal or designee is hereby authorized to have the sign removed to be used as evidence and assess Ehe costs of removal against the property for collection in the same manner as a property tax. 145&7 Measurement Standards _ A. Itilattlmum Sign Area 1. Where the size of a sign is regulated by the'area of a wall, an awning or a canopy, the maximum sign area is calculated as a percentage of the total area of the watt, the awning, or the canopy on which the sign is affixed, , 2. - For entranceway signs located on the front elevation of the subject archway, the maximum sign area is Calculated as a tlert:antana of the IMai nwv .rau..o~.~ ti,..~.,..,.•.r..._., r-- --•_-_----- -- - of the ~e side u ~, u~v arurnay suppoll. I ne Sorel ales Oellnedted uy the arChWay In 58.1 = x(y). The surface area of the side of the archway support In Figure 5B.1 = a(b). Q_~, . o ~s - ~-F 3 l ~ 3. The fatal building signage on a wall, canopy, or awning shat! not exceed the maximum sign allowance for that wall, canopy, or awning, regardless of the number of uses or occupants in the building. For example, if the maximum sign area far facia signs is 15 percent, then no more than 15 percent of any single wall of the building may be covered by facia signs, regardless of how many businesses are located in the building. ' B. Measuring Sign Area The area of each sign, regardless of shape, shall be,computed by determining the area of a triangle, rectangle or circle that completely encloses the outer perimeter of the sign face. In the ease of a sign composed of characters or words that are attached directly to a building, an appurtenance to a building, or a masonry wall, the area of the sign will be computed by determining the area of a triangle, rectangle, or circle that completely encloses the whole group of characters or words. C. Measuring Slgn Heigtrt The maximum height of a sign shall be ihs measurement from grade to the highest point on the sign. In the case where a minimum height ks established, the minimum height sha[I be measured from grade to the lowest point on the sign, 1458-f3 Signs Permitted by Zone A. 51gn Standards for the ID end OPD Zones 1. Permitted SEgna: a. Single Family Uses and Twa Family Uses are not allowed to install permanent signs, except for one small identification building sign and one integral sign and public flags, as specified in Table 5B-1, below. b. Signage for non-residential uses in the lp-RS and ID-RM Zones, are permitted one identification sign. The identification sign may ba one of the following types: facia, awning or monument sign. For institutional Uses, the sign may also include copy announcing its services or activities. c. 5ignage for non-residential uses in the ID-C, kD-I, and ID-RP Zones must comply with the sign regula- tions contained in Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. d. Residential uses in any OPD zone era permitted signage in accordance with the requirements of the underlying Residential Zone. Non-residential uses approved as part of a planned development are permitted sig- nage in accordance with the sign reguleflons contained in subsection SC, Sign standards in the CO-1, CN-1 and MU Zones. 2. Sign SpeelfleaUOns and Provisions a. All signs for residential uses in the ID Zones and OPD Zones are subject to the standards specified in Table 5B-1. b. All signs in the ID-RS and ID-RM Zones era subject to the standards specified in Table SB-t. c. All signs for non-residential uses in the ID-C, ID-I, and iD-RP Zones are subject to the standards spec- ified in Table 58-2. d. In the OPD Zone, all signs for non-residential uses approved as part of a planned development ors sutr ject Eo the standards specified in Table 513-2. B. Sign Standards for all Residential Zones i. Permitted Signs: ' a. Principal uses, other than Single-Family Uses and Two Family Uses, are permitted one identification sign. The identification sign may be one of the fallowing types: facia, awning, or monument sign. For Institutional 'Uses, the sign may also include copy announcing its services or activities. b. Parks and Open Space Uses are permitted entranceway signs as specified in table 56.1. c. In Multi-Family Zones, multi-family buildings with 8 or more dwelling units are allowed Residential Leasing Company Signs as specified in Table 5B-1, below. ' d. Single Family Uses and Two Family Uses are not allowed to install permanent signs, except for one small identiCcation building sign and one integral sign and public flags, as specified in Table SB-1, bebw. 2. Sign Specfflcatlons and Provisions All signs in Residential Zones ors subject to the standards specified in Table 5B-1. Table 58-1: Sign Specificatiana and Provisions in Residential Zones and the ID and OPD Zones Permithad SEgns ' Zone ' , tUaximum Sign Aroa fdaxlmum Heiglrt 8 Spedal Proviswns- ID-RS, RR-1,:RS-5, RS~e, RS-12, RNS-12 4 sq. ft. Max. Weight: Top of first story. Limited to identification Fade 5ign~ only, except as allowed for ID-RM, R!d-12, RM-2D, RN5-20, RAM44, Insti9utional Uses. PRM 12 sq. ft. Not allowed for single Family end Two Family Uses. o _ Frgure 5B.1 ~ ;• s D-RS, RR-1, RS-5, RSA, RS•12, RNS-12 12 sq. ft. per sign face. May be double-faced fora total area of 24 sq.ft. ' Max. Heigh: 5 ft t~mitad to idenlifica>;ort only, except as agowed for Ins8tu8onal Uses. Not allowed for Single Famity and Twa Family Uses. Monument Sign Max. Height: 5 ft Limited b identfication ID-RM, RM•12, RM-20, RNS-20, RM-44, 24 sq' ii' per sign Face' May bedouble-faced fora only, except as allowed (or InstitutionaE Uses. PRM total area of 48 sq.ft. Not allowed for Single Family and Two Famity Uses. . ~ Max. Height: Top of t~rst story ID-RS, RR-1, RS-5, RS-8, RS•12, RNS-12, o 12 sq. 8. or 25 k of awning Limited to idenfification only, except as allowed for Awning 5ignr ID-RM, RM-12, RM-2f1, RN5-20, RM-04, surface, whichever is less InS6luGonal Uses. PRM Not allowed for Single r , Family and Twa ]=amity Uses. Twists 5B-1: Sign SpeCiffcatians and Provislona in Residential Zones and the ID and OPD Zones Permlmad 31pna _. - Zuni; Maxlmrim.Sign Area Maximum lfelgbt & Special Ptovlslons - . Maximum Height: 20 ft. ' Up to one sign per fa~ada of the subject archway. The sign may not contain changeable copy. Sign wpy may not extend beyond the edges of the entranceway structure. If an applicant finds that this standard is too restrictive, . they may request a Level 1 review from the Design , ' Far signs located above or Review Committee for an across the tap ofthe altemaGve design. The subject archway, the area Dasrgn Review Committee approve with will approve of the sign may not exceed , or deny an conditions 25%a ofthe area delineated , application based on by the subject ardnvay. whether the proposed tSllowed for Parks and Open Space Uses For a sign boated on the alternative design is Entrancewa S' n Y r9 in an Residential Zane, ID Zone, or OPD Y side of the archway, the appropriate to and Zone area of the sign may not integrated into the overall exceed 33% of the surface design of the entranceway. area of the side ofthe Tha Gommittee wi11 • archway support on which eoosider such factors as the sign is located. polar, materials, size, and (Sae 14-56-7 Measurement proportionality. SlandardSl Minimum dearanca height ' is 10 feet far entranceway signs across driveways and 8 feet for entranceway signs aaass walkxays. Entranceway signs are net allowed if the subject lot or tract already has a monument sign located at . the subject entrance. The sign must be a building sign. Only allowed on multi-family Residen2Fal buildings that contain 8 or Leasing Company Rlul-52, RFM20, RN5-20, RM~4, PRM 3 sq. ft, more dwelling units. Sign Up th one of These signs is allowed per building. Must be located nn more' ' than 10 feet above grade. c~ Q ~-'ti-~ . O $ - ~t 3 l ~ i I r e ~ C. Sign Standards In the CO.1, CN-1 and MU Zones 11. All signs in the CO-1, CN-1, and MtJ Zanes are subject to the standards specified in Table 5B-2. 2. Except for ideniiTication banners, monument signs, and entranceway signs, any number of signs may { be installed, provided the maximum sign area for each type of sign is not exceeded. The number of identification r banners, monument signs, and entranceway signs is limited according to the provisions specified in Table 58-2. i 3. 5ignage for residential uses must comply with the requirements for residential uses in the faM zones I ~ as slated in Table 5B-1. i table 58-t: Sign Specifications and Provisions in Residential Zones and the t0 and pPD Zones Permitted Signs -. Zane Maximum 51gn Area Maximum Height 6 &peciaf Provisions .- The sign must be a building sign. Small ID-R5, RR-1, R5-5, RS-8, RS-12, RNS-12, - Up tv one of these signs is allowed per building. identification sign ID-RM, RM-12, RM-24, RNS-20, RM-44, 2 ~. ft. No permit is roquired. PRM • Not allowed ii the building . ~ has a residential leasing ' company sign. ID•R5, RR-t, R5~, RS-8, RS-l2, RNS-12, 2 sq- ft. per face pirec8onal signs ID-RM, RM-12, RM-20, RNS-24, RM-44, May be double•faced far - PRM total area of 4 sq. fl. ID-RS, RR•1, RS-5, R5.8, RS-t2, RN5.12, Up >fl one of these signs is Integral sign ID-RM, RM-12, RM-2l), RN5-24, RM-44, 2 sq. fl. allowed per building. PRM No permit is required. ED-RS, RR-1, R5-5, RS-B, RS-12, RNS•12, Public Flags 14-RM, RM-12, RM-20. RNS-2D, RM-A4, - No permit is required. PRM ~ Only one sign is permitted; one facia sign, one awning sign, or one monument sign (see 14-5B-8A-1.b.,aboveJ Table 56-2: Sign Specifications and Provisions in the CO.1, CN-1, and MU Zanes Permitted signs, Maximrim Sign Maximum Provisions ,. Area Height Top of first Facia Signs 15°/ allowance per s~'~ except as allowed ' Parapet signs are allowed, but only onone-story buildings. sign wall Ior parapet signs Canopy Signs B sq. ft. per sign Top of first story _ Table 56.2: Sign Specifications and Provisions in the CO-i, Cii-i, and MU Zones Penmitted signs Maximum Sign Ar®a iNaximum Height g = ~ Prmisions - . ». Up fa two identifintion banner signs may be aixed to each parking area Sight pde, provided that the following conditions are met: The parking area must contain at least 200 parking spaces and be - shared by multiple commerdal uses. - - The light poles on which banners are affixed must be spaced a1 feast 80 feet apart. IdendSCaton 18 sq. fl. per 20 fl Each banner can tie no more than 3 ft wide and 6 fl in height. Banners banner Fhe banner must be mounted or affixed so that the bostom edge of the sign is at least 14 feet above grade and the tap edge of the sign is no - • higher than 20 feet above grade. the banner signs must be consistent in appearance and sae. The permit for 4he banner sgn shall be valid for no more than one 1;1) year. However, the pennii will be renewable if the banner signs are in good condition or are replaced with riew banner signs. Two a more uses on a single bt may share a comrnvn monument sign. The number al monument signs on a kt ar tract is limited as follows: For lots or tracts with less than 160 feat at frontage on a single street,' Up io 2 sq. R of , Doty one monument sign is pemelted along that frontage. sign area per lineal For bts or tracts with 16010 3011 feet of frontage along a single street, foot of 101 frontage, up to 2 monument signs are permitted. The monument signs must be not to exceed 50 at least 150 feet apart es measured along the frontage. . Monument signs sq. ft. per sign fate. 5 it Far lots or tracts with frontage in excess of 300 ft along a single street, May be double- up to 3 monuments signs are permilteed, provided the signs are at least laced for a total 150 H span as measured along the frontage. area of 100 sq. ft. For lots or tracts with hontage along more than one street, each per sign. frontage is allowed signs based on the formulas slated above up th a maximum of 5 signs. Any sign that is located vrilhin 25 feet at a comer (at the point whem property lines intersect) will count as two signs; one toward the sign allowance for each irontaae. ~~ ~s`~,~ Fa signs located , above warless the Up to one sign per facade of the subject ardnray. hop of the subject The sign may not contain changeable uapy. archway, the area of the sign may not S+9n ropy may cwt extend beyond Fhe edges of the entranceway structure. ff exceed 25% of the an applicant finds that this standard is too restrictive, they may request a area delineated by ~ Level I review from the Design Review Committee far an alfemative design. The Design Review Committee will approve, approve with conditions, yr the subject deny an application based on whether the proposed altemafive design is archway. appropriate to and inhegrated into the overall design of the entranceway. Entranceway Far a sign located The Committee will consider such factors as color, materials, size, and Sign ~ the side of the 2i1 ff. proporb'onaliiy. archway, the area of the sign may not Minimum ckearance height is 10 feel for entranceway signs across exceed 33% of the driveways and 8 feel for entranceway signs across walkways. surface area of the side oT the archway Entranceway signage as spedfied herein will wool as one srgn toward the support on whidn total limit for monument signs on a lot ar tract. Entranceway signs are not the sign is 4ocated. allowed if the subject lot or trod already has a monument sign located at The {See 14-5E-7 subject entrance. Measurement Standards) Awning signs 25%af awning Top of first _ surface story Window signs 25%ofwindvw _ area Q. 51gn Standards In the CH-t, CC-2 and CI-t Zones ~ • ' 1. All signs in the CH-1, CC-2, and CI-1 Zones are sutrject to the standards specified in Table 58-3. 2. The total number of freestanding signs, freestanding wide-base signs and monument signs on a lot or tract Is limited as follows. Any combination of these three types of signs is allowed within the stated limits. ~ a.' For lots or tracts with Tess than 160 feet of frontage an a stogie street, only one such sign is permitted along that frontage. Freestanding wide-based signs are not permitted on lots or tracts with less than 160 feet of trontage. b. For tots or tracts with t80 to 300 feet of frontage along a single street, up to 2 such signs are permit- ted, provided the signs are at least 150 feet apart as measured along the frontage- ~f c. For lots or tracts with 301 to 600 feet of frontage along a single street, up to 3 such signs are permit- ted, provided the signs are at least 150 feat apart as measured along the frontage. d. For lots or tracts wish frontage in excess of 600 feat along a single street, up to 3 such signs are per- mitted, provided the signs are at least 150 feet apart as measured along the trontage. One additional monument sign is allowed, provided the sign is at least 150 (eet from any other monument, freestanding, or freestanding wide- base sign. j 1 e. For lots or tracts with frontage along more than ono street, each trontage is allowed signs based on the formulas stated in subparagraphs a. through d., above- }fawever, a maximum of 5 such coigns are allowed on any one lot or tract Any sign that is located within 25 feet of a comer (the point where property lines intersecty will count as two signs; one: toward the sign allowance for each frontage. 3. Other than for entranceway signs and the types of signs listed in paragraph 2, above, any number of signs may be instagatl, provided the maximum sign area for each type of sign is not exceeded and the provisions specified in Table 58-3 are mat. r 4. Signaga for residential uses must comply with the requirements for residential uses in the RM zones as stated in Table 55-1. , r Table SB-2: t3[gn Specitica{lons and Provisions in the CO.1, CN-1, and MU Zones Psrmided ~lgns 'Maximum Sign Area .:' Maximum ......Height ~. ' Pravisfons. - 25 sq. ft. per sign Time & face Temperature ~ May be double- r Shall not project more than fi ft, into public right of way. Signs Faced for a total of , 50 sq. ft. - Barber Poles _ Maximum diameter: 9 inches ' Maximum length: 3 ft 3 sq. R. per sign Direc9wral signs ' face _ May tie double- _ r faced for total area of s sq. n , Identification & 2 R ~' Up to one of theca signs is allowed per building, z Integral signs No permit is required. Flags _ _ One pmrdte flag may be displayed in cvnjuncbon with public flags. ~ No permit is required, 4uidr Yelride _ - allowed for Quick 1/ehide Servipng Uses. f Servidng Signs kE No permit is required. , ~ ~_ Table 58.3: Sign 3peciticatiol'ur &nd'Provtsiois in the CH•1, CC-2,'' and C1=1 Zonea ~ PerrrrilEed Signs Max[mum Sign Area Maximum Hei ht Provisions i . g Faaa signs 15;5 allowance per sign watt - - Canopy signs 12 sq. ft. per sign Top o! first story - Up to 2 sq. fl. per lineal loot , pilot frontage, not la exceed 25 feet, 125 sq. ft. per sign face. May however, in the be double-faced for a tota# CH-1 District, • area of 250 square feet. property within when 2 or more uses are located on a lot, a common Additional sign area is 1,000 feet of an freestanding or monument sign may be installed. The maximum Freestanding allowed in the CH•1 Zone as interstate area of the common sign may be 50% larger than the area of ~s follows. For property within highway dghl of the mardmum irxfitidual sign allowed. 1,000 feet ai an inlerslate way may have 1 The number of signs is limited acwNing to paragraph D.2., highway right-of--way, one of freestanding above. , the properrys agotted sign with a freestanding signs is allowed maximum height ' up to 250 sq. ft per sign face, not to exceed fi5 - which may he double-faced Teel. ~ far a total area of 500 sq. ft. Maximum width:l0 ft. When 2 or more uses are Eocated on a lot, a common sign ma Up to 2 sq. fl. per lineal foci be installed. The maximum area of the common sign may be ' of bt frontage, not to exceed 50961arger than the area of the maximum individual sign Freestanding, Wide Base si ns g 125 sq, ft. per sign fate. May be double-faced fora ~ ft, allowed. The number of signs is limited according to paragraph D.2., total of 250 sq, ft. - above. However, a freestanding, wide-based sign is only allowed if the lot frontage is at least 160 feel, and the City Engineer determines that the location of the sign will not - obsW tt the visibility of vehicles entering or exiting the property Up to 2 sq.1t. per Eineal foot When 2 rx more uses are Ictated on a lot, a wmman n of lot frontage, not to exceed monument or freestanding sign may be installed. The mazimur area o! the common sign may be 50% larger than the area of 1 Monument signs 50 sq. fl. per sign face. May be double•taced fa a total 5 fl the maximum individual sign allowed. " area of 100 sq. it The number of si ns is timiled accord- to era re D.2., 9 +n9 P 9 Ph above: ' Up to 1 sq. R. per lineal foot of lot frontage, rat th exceed 1 iL less than , Masonry Wall 50 sq. fl. per sign. In addigon the sign may not the height of the masonry wall, One masonry Na11 sign is allowed; in lieu of a monument, 1 Sign , exceed 15% of the total area not to exceed 12 freestanding, or freestanding wide-base sign. of the face of the masonry feet wall. Table 5B~; Sign Speclflcationa and ProvEsions in the CH-9, CC•2, and CI-1 Zanea Permitted Signs - Maximum Srgn Area° - Maximum Height Provisions - • Up to one sign per fagade of the entranceway arrh. The sign may not contain drangeabte copy. ' Sign copy may not extend beyond the edges of she entranceway structure, If an applicant finds that this standard is For signs located above or too fesiritGve, they may request a Level I review from the _ . aross the top of the subject Design Review Committee for en altemalive design. The archway, the area at the sign Design Review Committee will approve, approve witty may not exceed 25% of the conditlons, or deny an applica0an based on whether the area delineated by the proposed alternative design is appropdate b and integrated iota subject archway. the overall design of the entranceway. The Commidee will Entranceway For a sign lopted an the consider such factors as color, materials, size, and Sign side of the archway, the area 20 ft, proportlonality. - oithe sign may not exceed _ 33% of the surface area of Minimum clearance he y sig rght is 10 feel for entrancewa ns the side of the archway across driveways and 8 feel far entranceway signs across support on which the sign is walkways. located. . {See 14-5&7 Measurement Entranceway signage as specified herein will count as one sign i Standards) toward the Focal limit far freestanding, freestanding wide•base ~ signs and monument signs on a lot or tract. EnUanceway signs'' are not allowed tl the subject tat or tract already has a . monument sign, freestanding sign, freestaMirg wide~ased sign, or masonry wall sign located at the subject enfrance. - ~ For shopping centers, up to two identifipgon banner signs may be affixed b each parking area light pole, provided that the •, tdlovring conditions are met: , The parking area must contain at least 2{10 parking - spaces and be shared by mu€Siple commercial uses. The light piles on which banners are affixed must be spaced at least 80 feet apart. ~ Each banner tan be no more than 3 ft wide and fi ft in ' Identiflcalton Banners 1b sq • fl. per banner 20 ft height . The banner must be mounted ar affixed so that the bottom ' edge of the sign is at least 10 feet above grade and the top edge of the sign is no higher than 20 feet abrne r ~ • grade. ~ The banner signs must be consistent in appearence ends 3120. The permit !a the banner sign shag he wdgd for ra more Phan f one {t) year. however, the permit will be renewable if rho banner 6igns are in good caiditrort or are replaced with new t banner signs. ~~. ~ `~ r~ Awning sigrq 25% of awning surface Top of lust story - Windowsigns 25~otwindowarea - - 3 sq. fl. pecsign face Directlonal signs Maybe double-faced for total - - area of 6 sq. k. Drive-Through Restaurant Menu Area: 10 sq. fl. - Only allowed in Zones where drive-through fadlities are allowed for restaurants, I Signs Time & 25 sq, fl per sign fare. Pemtiked only in the CC-2 zone. Temperature May be deuble•iacad ~r a - Signs must not project more than fi k. into the public right-af- Signs total area of 56 Sg: ft. way. ' i Table SB-3: Sign Spectbcatlana and Provisions in the CHri, CC-2, and Cl t ZorBf3 .~ ~ a_ Permitted signs Maximum Slgri Area Maximum 1#elght _ .. ~ " Provisfona ' Barber Pores _ _ Maximum diameter: 9 inches Maximum length: 3 ft Identification 8 2sq fl _ Up to rme of these signs is atbwed per building. integral signs ~ No permit is required. One private flag may 6e displayed in conjunction with public Flags - - flags. No permi! is required. , t]uidc Vehide Servicing Signs .. Allowed for quick Vehide Servipng Uses. ~ No permit is required. ~~ 1~ ~ ~~ _ r [ / L~~ ~~ L E. 51gn Standards in lice CB-2, CB-5 ana CB-1p Z~ 1. All signs in the C8-2, G85 and G8-i 0 Zones are subject to the standards specikad in Table SB-4. 2. The maximum sign area for each type of sign, special provisions, and any restrictions on the number of signs allowed are specified in Table 5B-4. Unless specifically limited in Table 5B-4, any number of signs may be instaAed. 3. Signage for residential uses musE comply with the requirements for residential uses in the RM zones as stated in Table 58-1. If Table 584: Sign Spa[it5cations and Provisions in the CB-2, CBv and CB•14 Zones ' Permitted Signs Maximum Sign Area tllazirmrm fktgM Prm~istons Facia signs 15%of sign wall area - - - Canopy signs 12 sq, ft per sign Top of 5rst scary -- • ~P [o one canopy roof sign rs atlawed per strnefront Ths bottom edge of the sign must bs located no more Storefronts up to 391t in than 4 inches atxrve the canopy. length: l5 sq. fl. For sthrefronts up m 39 ft. in length: • Maximum height of copy;l3' Storefronts between 40 Maximum thidmess:8' Canopy roof signs and 59 ft in length: 25 Top of first story Fa storefronts between 40 and 59 k in length: ~'R • Maximum blot 20' ~9 CeDS'~ Siorefrvrtts>ti0 fl in Maximum thickness: 8' length: 35 sq. ft. Far storefronts >60 fl in length: • Maximum height at copy: 30" • Maximum thickness: t0' Dnly one monument sign is allowed per lot or tract When 2 or more uses are located on a lot, a mmmrm 24 sq.ft. per sign face. monument sign may be installed, A common monument Monument sign May badouble-faced 1vr a 5 ft sgn may identify up uo 4 uses per sign face. - total area of 48 sq. k. A monument sign is not allowed iT the property has a freestanding sign, an entranceway sign, a a masonry welt sign. Awning signs 25% of awning surface Top of first sto ry Awning sigma are only allowed if the business does not hawe a P~~9 ~+• { t 1 e j t 1 I Tsb#e SB.b: Sign Specifications and Pt'avisons in thrt CB=2, CB-Sand CB-10 Zones .... - Pemdttad Signs i4axmum Sign Itrea Idaxitnum Height Prov#slanr+ Up to ane sgn per faspde of iha entranceway arch. The sign may not contain dsargeaWe copy. . For signs located above or aooss the top of the Sign copy may not extend beyond the edges ai fie subject archway, the area entrarscewa structure. If an a Y pplicanl finds that this standard is too restrictrve, they may requests Level I of the sign may not exceed 2596 of the area resew from the Design Review Committee for an delineated by the subject attemab+re design. The Design Review Committee wrg away approve, approve with wndi0ons, or deny an application based on whether the proposed allemativa design is Entranceway Sign far a sign loceied on tho side of the archway, die ~ ft. appropriate to and integrated intp the overall design of the entranceway. The Committee will consider such area of the sign may not factors as rnlor, materials, site, and proportionality. exceed 3396 of the surface area of the side of the Mininwm dearance Haight is 1g feel for entranceway ' archway support on which signs aaess driveways end 6 feet fa entranceway signs the sign is lopted. aaoss walkways. {See 145&7 Measurement Stantlardsf An entranceway sign is not allowedrf the property has e masonry waft sign, monument sign, or treestand"m9 sign. Allowed only in ttre C&2 Tana. Onty one heesfanding sign is Glowed per lot. Allmved aNy through approvat of a minor nwdifiratlon. Applicant must provide oonvindng evidence that the Two {2) square feel per existing configuration of the site and location of the Freestanding sign lineal foot of lot trontage, ~ ~ building or bu3dings on the site make it prectirafty not tc exceed 40 square diffiadt m install a monument sign and that other types of feet per sign face allowed signage would not be reality visible from the street due to the location of building[s] or other unique site dtaradedstics. A ireestasding sign is not alloyed if the property has a monument sign, entranceway sign, or masonry wall sign. 1 sq. ft. per lineal foot of lot frontage, not fo exceed . 50 sq. fl. 1 ft. less than the Only one masonry wall sign is allowed per Ivt. fulasonry Wall Sign In addition, the sign may height of the masonry wall, not b exceed 12 A masonry wall sign is not allowed if the property has a monument sign, entranceway sign or freestanding sign. not exceed 15°k of the feet total area of the face of the masonry wall. Window signs 25°k of window area - - Table 58.4: $#gif $peclflcatrons,:and pro~ilstons in the CB-2, CBS end CB-10 Zones Permtttad Signs ktsidmum Sigl'Area 1Naximum,HetgM Provisions Up to ane projecing ssgn is allowed per storefront. Projecting signs are not permitted it the business has an awning sign, canopy sign a canopy roof sign. The sign may not project mare than 5 fi. from the building wall. ' 6 ~~ ft The sign may not be itluntinatad, Storefront projecfirrg May be dauMe•faced fora 12 ft The sign must be affixed fo the building wail or to a pole d9n total area of 12 sq. ft..., that is n»unted an the twilling, 50 that the sign is _ _ perpendicular to the building wall. The sign may not swing a be easily moved by wind. A business wishing b install a projecting sign must show . proof of liability hsurence. Sgn pemuts are be subject to Design Review according to the procedures spedfied in Chapter 6 of this Title. Up ~ one ran{lluminated portable sign is allowed per storefront ' - The sgn must ba placed on private property or within a designalod sidewalk cafe area. 6 sq. A. per sign lava. The sign may not Mode access to any doorway. Portable sign May be double-fared fora 6 ft The sign muss be moved inside the business when Cre t>tal area of 42 sq ft. - business is dosed. The sign must be weighted at the base to provide stability as approved by the Building Offidal a designee. A ma~dmum of 2 sign faces are allowed per sign. Time 8 25 sq. ft. per sign face. Signs must not project more than 6 ft into the public Temperature ~~ May be double-faced for a - right-0f-way ' total area of 50 sq. ft. Maximum diameter: 9 inches Barber Poles _ - Maximum length: 3 ft 3 sq. fl. per sign face f)iredional signs May !>edouble-faoad for - - tots{ area of 6 sq. R. Iden6flcetion S 2 ~' ft' _ Up to ane of these signs is allowed per building, integral signs No permit is revuired. One private flag may be displayed in conjunction with Flags - - public flags. Ho permi! is required. Quids Vehide Niovuel tvr Ruidc Uehide Servicing Uses. Servidng Signs - No permit is required. ~~- ~~ ~ ~~ F. Sign Standards in the Industrial and Research Park Zones t. All signs in the I-1, t-2, RDP, and ORP Zones are subject to the standards SpecfHed in Table 5&5. 2. The total number of freestanding signs and monument signs on a lot or tract is limited as follows. Any combjnation of these types of signs is allowed within the stated limits. a. For lots or tracts with less than 160 feet of frontage on a single street, only one such sign is permitted along that frontage. b. For bts or tracts with frontage in excess of 160 feat of frontage along a single street, up to 2 such signs ~ ~ are permitted, provided ttte signs are located at least 150 lest apart as measured along the frontage. c. For lots or tracts wittl frontage along mare than ane street, each frontage is allowed signs based on the formulas stated in subparagraphs a. and b., above. 3. Masonry wall signs and entranceway signs are limited according to the provisions specified in Table 5B- 5. 4. Other than for the types of signs listed in paragraphs 2 and 3, above, any number of signs may be installed, provided the maximum sign area for each type of sign is not exceeded and the provisions specified in j Table 58-5 are met. .i Table 5BdS: Sign Spaclfltaatlans and Previsions in the Industrial and Ra~an;h Park Zones Rermitted 51gna iiaxlmum Sign Area- He~M Provisions Must not exceed 25% of awning Height: Top aT Awning signs surface or 12 sq. fl. per sign, first story _ whidlaver is less. Canopy Signs 12 sq. fl. per sign Height Top of firststory - - Fada signs 15% of sign wail area - - When 2 ar more uses are boated on a lot, a common ago may be installed. The maximum area of the 1 sq. fl. per lineal foot of lot frorrta e, g common sign maybe 50% larger than the area of dre Freestanding signs not to exceed 50 sq. ft. Height 25 ft. ma~dmum individual sign allowed. ' May be double-faced far a total of 1110 ~' TL The number o! signs Is limited according to paragraph G2., above. Freestanding signs are limited to identification Doty. Up W 2 sq. fl. per gneal foot of bt Vrttfen 2 or more uses are located an a b1, a common frontage, not W exceed-fig T5 sq. fl. 5 R sign may f>e installed. Tfre maximum area of the Monumens signs per s>gn face. common sign may ba 50% larger than the area of the May be double-faced for a total area of maximum individual sign allowed. 150 sq. ft. Monument signs are limited to identification only. Up to 2 sq. fl. per lineal foot of bt At each entranceway, up to 2 masonry wall signs may ba frontage, not to exceed 75 sq. R per esla6iished, rt no freestanding, entranceway, monument d9n ~• 1 R less than arather nonbuilding signs are located al that Masonry Wag Signs May ~ double-fatod for a total area of Cre height M errtranteway. 15D Sq. ft. the rresonry b the ORP mne, rtasdlry wall signs up W twelve {12) In addition, the sign may trot exceed wall feet in height maybe estai:lished in the regrrirtd 6onl 1596 of the foist area of the face of the satbadc provided fhe signs are located a rrrtimum of masonry waft. twenty {20) feet bade from street rigMof-tray foes. Table SBS: Sign 3pecipcatfens end Provlslosvs'in ehe indaatri l d Resea a an ;eh Park Zones Permitted 51gna ~ lA~dmum 31gn Area Itmdrntrm itsight Provisions Up W one sign per faracla of the entranrevray arch. The sign may not contain dsargeaWe copy, Sign copy may not expand beyond the edges oT the Fa signs located etwve oracross the 9°~'~Y ~~m. If an applicant finds that this tap a! the subject archway, the area of ~~~ o Wo ~~~~ ~Y ~Y request a Level I the sign may not exceed 25% o! the reNewfrom the Design Review Cannuttee for an area delineated by the subject altembtrve design, The Design Retiew Committee will • archway, aPP~. approve with conditions, or deny an appliradon Entranceway Sign Far a ' n heated an the side of the y9 ' ~ R based on whether the proposed alternative design is appropriate to and integrated IoW the overaV design of archwa the area of the sign may not exceed 33% of the surface area of the tare entranceway. The Corrpnittee wig carsider such side of the ardowa su Y Pfd on whidr ~~ as octet, materials, slZe, and proportianafily. the sign is located. (See 1457 Measurement Minimum dearance height is 10 feet for entrancexay Standards) signs across driveways end 8 feet far ermanceway signs across walkways. An entranceway sign is not allowed if lire property has e masonry wall sign. ' wndav signs 25% of window area - 3 sq. fl. per sign face Drredronal signs May be dout>ie•faced for Wtaf area of 6 - sq. R ~ , Idenflfiglion & Integral signs 2 ~' fl' - Up to ane of ttrese si ns is allowed r buildi g ~ ~. Na rmii is pe required, Flags One private flag may be displayed in conjunction with _ _ public Rags. No pemvt is regrelred. I Qom. ~~ ~ ~ ~ t 1458-9 • Non-Permanent, t]!1-Premise, and Other Special Signs ~ Y ~ --V - A. In addition to the signage permitted in each zone, as described in Section 8, above, the following signs may be installed tm any zone according to the specifications and provisions contained In Table SBA. These signs ~ steal! no! be applied towazd the maximum sign area specified in Section e, except es otherwise indicated in the Table 5H-6.. B. Banners are not permitted, except as allowed far 5pedal Event Signs and Going Out of Business Signs, as specified in Table 58~. Tatars SBA: Sign Speciflcalionlt and Provisions far Non-Permanent, Dft~r$misa, and Op1ar Spatial Signs Perrrtltled Signs I~rfmum Sign Ares Maximum Nelght Prpvtsions: No permit required. . Area: 32 sq. R. per lace In Residential Zones: 5 ft Must no! he illuminated. Must be removed pdoriv issuance of the cerpficate Of Conswction signs May be double laced fora In Non-Residential °~~n~`' - total oT 64 sq. ft. Zones: l0 S. ~ be bcaied dasar than 5 fl lo'a properly tine if boated on the wall of a budding, fence orprolective banicade sunounding the consWttion, Tstpte 5B~: Sign Specifications and Rravisloirs for Non•Pernanen#, affff-Prernlse, end Other Sgectal Signs i?amtifted Signs a~taKtirntm'Sign ltrea Itlmriiiuirri Haight _ Pravlsiana.; • No penr6t is required. One noo•illuminatad monument sign per development of 2 Zeal Estero 32 sq. ft, per taaa i0 ft aces or more Shall be rennved upon sale ar lease of 5096 of bts or units Development May be double farad fora in the development signs fatal os 64 sa. fl. These signs shall not be considered ofl~remises signs, provided they ere located an land that is pan Df the Sut7~ed subdivtsian or development. No permit is required, One non-illuminated sign is pemitted per pdndpal building that is for sale, rent, or lease. h Residential Zones: 4 sq. ft.; Only allowed as a temporary sign ioca>ed in the yard or in May be double-faced for a I In Residential Zones: the window. Sign Cannot be afftxed 1b buildings, fences. flag Real Estate egos total area of 6 sq, ft. 5 h piles or other pemranantstuchrrrs. M Nonresidential Zones: 32 In Non-Residential Musthe 2moved within 48 hours after the pmpeny, sq. ft; May be dvuble•faced Zones: 10 ft. building, or unit witltln a building for which the sign is tar a rotal area o! 64 sq. ft. intended is sold, rented, leased or withdrawn from the madcet. For residential rental properties, tea! estate signs may be displayed no more than 4 months prior tv the cammencementoltreieasingpedad. ' ' No pennil is required. Signs in windows - - Pesters arsd other nonpermanent signs in windows ere allowed. ' One non-illuminated sign per lot is allowed. Spedal events sign restricted to 4 times in 12 month pedod Spedal Events" 1f10 sq. R - and single duration of 30 days May include banners, but rw1 arty sign prohibited by Section 6 of ffiis Article, Prohibirod Signs. ' Must oat be illununatad. Gaing-0ul-of- May be displayed tar up ro fi0 Lays; Business si ns 1 ~ ~' fl' - Restricted io once in a 12•month period for single business, g May include banners, but not any sign prohibited by Section 6 of this Article, Prohibited Signs. Temporary signs 12 sq. R. per face No permit is required. (other than real May be douhledaced for ~I Height fo ft One nonidunanated sign per lot ro allowed. esiam signsf o124 sq. [t Signs shad nvi be displayed for more than 60 days. Irr ID and Residential Zones: In ID and Rosidential 32 sq. ft. per sigh face; May he double-faced for a total of 64 Zones: 5 fl kn Ip and in Residential Zones. one monument sign is Development sq. ft. In all other Zones: allowed at each street entrance tp a subdivision or housing signs In all other Zones: Not to Not to exceed the matdmum height fa development. In all otiaer Zones, one ireestandi+rg ar monument sign is exceed tl3e ma,dmum sign area rot the subject sign type pre subject sign type allowed at eadr street entrance to a subdivision or twrrsiing as spedfied in the appElcahie as spedtied in the development. zone applicable mne. ~~ . 4 ' 14-5B-10 privately-Owned 51gna to PubIIC Places . A. Purpose In order to promote the health, safety and general welfare of the population, no privately-owned signs shall be placed on or over a public place, as defined in Article i4-gC, except a5 permifled by the City Code. B. Removal 6risting privately-0wned signs currently located on or over a public place that are not in compliance with the City Code shall be eliminated and removed. 3f the sign owner fails to remove the sign after s4 ordered by the City, the City may remove the sign and assess the costs against the sign owner. l:. Special Provisions 1. Signs assoaated with parades, marches, public entertainment, public demonstrations, or the commer- cial use of sidewalks mat are located on or aver a public place are subject to the provisions of TRIe 10, Ghapters 1, 2, and 3 of the City Code. Any signs located on or over the City Plaza are subject to the provisions of Title 70, Cftapter 5 of the City Coda. j 2. The City Manager or designee may approve and execute applications on the Cityrs behatl for the place- , menE of privately-owned signs on or aver a public~place upon finding that the signs: a. Protide infonnafion artd guidance to locations of general public interest; and b. 1MII not create a hazard to movement along or within a public place, restrict access to a public place, ar inleriare with the'oonvsriience and tranquility of the area adjacent to a public place. B7089 November t2, 2008 Table 51~: Sljyn Specitkatkiras and Prorlsions for Nor=Pamianent, Off-Premiea7:and Other Special Signs Permlded Signs INazlmum 53gn At>!a llailmwn i~1gM ProWsioru r Ofl-Premises signs are not permitted In Residential, CO-1, CN-1, CBS, Cf~-10, ORP and RGP Zones. May take the form of any type of sign alloxred in the zene in Not fa exceed the ma>dmum which the sign is located and must comply with all other sign area tx the subjed sign Provisions spedfoed for the subjad mne. type as specified in the Not to exceed the Only one off remises sign is allowed per lot or vad. applicable zone and will be maximum sign height Two of more uses may install a camman off-premises Billboards and deducted from the maxirrum for the subject sign directional sign. OtherOtf- Premises Signs sign allowance for the subject type as speafed in ' No oN-premises sign shall 6e loca6ad witlun 3p0 R bf property. the a 4r cahle zone. pp another off-premises sign. • No oN-premises sign shall he located witlun 12r] R of a Billboards: 72 sq. R May be Billboards:25 ft Residerrfal Zane, Parks and Open Spar,Bllse, Edutatianal . double•faced fa a total area of Fadlkry, ReligiouslPrivate Group Pssambly tlse, puhlic 144 sq. R museum or gavemment administrative orjudidal office. Billboard signs shall not apply bward ma~dmum sign allowance for the lot or tract ~~°~ ~~ _~ ~ i - ~~ ~~~~ ~III~ ~ ~ ~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. 08-4320 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held an the 3rd day of November, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 12th, 2008. Dated at Iowa City, Iowa, this 8th day of December, 2008. ~~ . Voparil Deputy City Clerk ~~ ~ ~~ Printer's Fee $ ~5 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #~~2-0330670 I, ~r~ ~- ~.v, e J Y Lr>~t ~ 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 . ti~ne(s}, an the following date(s): ( ,.gyp !1 ~t`~ f) ~ er { a r ~LJO Legal Clerk Subscribed and sworn to before me this day of '' A.D.20 ate. Notary Public LINDA KROTZ ~au,t s o ~ CommisianNumber7326~9 ' My Commission Expires ori- Janus 27,2U11 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION I ORDINANCE NO. 08.4320 Iowa, to conform to this amend- ensuring that the property devel- AN ORDINANCE CONDITIONAL- ment upon the final passage, cps in a manner that enhances the LY REZONING APPROXIMATLEY approval artd pubrication of the aesthetics of the Dodge Street 3.87 ACRES OF PROPERTY ordinance as approved by law. entranceway into Iowa Ciry, is LOCATED SOUTH OF DODGE SECTION Ill. CONDITIONAL compatible with the nearby resi- STREET AND WEST OF SCOTT ZONING AGREEMENT. The dential neighborhoods, and BOULEVARD, FROM RESEARCH mayor is hereby authorized and addresses traffic circulation issues; DEVELOPMENT PARK (RDP) TO directed to sign, and the City Clerk and WHEREAS, the applicant, the University of Iowa Community Credit Union, has requested a rezoning of property located south of Dodge Street and west of Scott Boulevard from Research Development Park (RDP) to Commercial Office (CO-i); and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Plan indicates that this parcel is appropriate for uses consistent with the CO-1 zone; and WHEREAS, tows Code §414.5 (21)05} provides that the City of- lowa Ciiy may impose reasonable candltions on granting an appli- cant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; grid WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan provided that it meets conditions addressing the y, neighuomood com- id traffic safety; and A5, the applicant has t the property shall be in accordance with the f conditions of the Zoning Agreement ereto to ensure appro- kooment in this area of NOW, THEREFORE, BE lT ORDAINED BY THE CITY COON-1 CIL 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 reclas- sifiad from its current zoning'desig- nation of Research Development Park (RDP) to Commercial Office {CO-1): Lot 2, Press Citizen Addition, lows City, tows, according to the plat thereof recorded In Book 43, Page 311, Plat Records of Johnson County, fovea, subject to r easements, covenants and resfric- ION It. ZONING MAP. The l official is hereby authar- td directed to change the map o1 the City of Iowa City, owner and the City, follawing pas- sage and approval of this Ordinance. SECTION IV. CERTIFiCATiON AND RECORDING, Upon pas- sage and ~ approval of the Ordinance, the City Clerk is hereby authorized and directed to certlty a copy of this ordinance, and record the same in the Office of the tows, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordi- nances in confl'td with the previ- sions Of this Ordinance are hereby- repealed. SEGTlON 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 Hart thereof not adiudaed invalid or 5ECT10N VEI. EFFECTIVE DATE. This Ordinance shall be in effect -after its final passage, approval and publication, as pro- vided 6y law. Passed and approved this 3rd day of November, 2008. sJRegenia D. Bailey, Mayor Attest: sJMadan K. Karr, City Clerk CONDITIONAL ZONING AGREE- MENT THIS AGREEMENT is made between the Ciry of Iowa City, Ipwa, a municipal corporation (hereinafter 'Ciry"), and Tfie University of Iowa Community Credit Union (hereinaker "Owner"); WHEREAS, Owner is the legal title holder of approximately 3.87 acres of property located south of Dodge Street and west of Scott Boulevard; and WHEREAS, the Owner has requested the rezoning of said property from Research Development Park (RDP) tc Commercial Office (CO-1 ); and - WHEREAS, the Planning and Zoning Commission has recom- mended approval of said rezoning subject to conditions related to WHEREAS, Iowa Code §414.5 {2067} provides that the City of Iowa City may impose reasonable conditions on granting an appl4- cant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowl- edges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for an attractive Dodge Street entranceway, neighborfiood com- patibility, and traffic safety; and WHERFJtS, the Owner agrees to develop this property in accor- dance with the lamas and condi- tions of this Conditional Zoning Agreement. NOW, THEREFORE, in considera- tion of the mutual promises con- tained herein, the parties agree as follows: 1. Dwner is the legal title holder of the property legally described as folows: Lot 2, Press Citizen Addition, Iowa Ciry, Iowa, according to tho plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, subject to ease- ments, covenants and restrictions I of record. 2. The parties 'acknowledge that j Iowa Coda §414.5 (2007) provides ,that the City of Iowa City may imposo reasonable conditions on granting an applicant's rezoning ~ request, over and above the exist- ing regulations, in order to satsfy ; public ne®ds caused by the Owner agrees that development of the subject property will conform to all other requirements of the zon- ing chapter, as welt as the follow- ing wnditions: a. Substantial compliance with the Concept Plan dated July 21,2008, attached and irrco-porated herein, with regard to the location of the building and parking lot. Any sub- stantial deviation from the Concept Plan regarding building and park- ing placement shall- require approve! by the Planning and Zoning Commission. All other i changes shall be approved by City ~ ~~ Staff. f ~~. a ~ ~ 1 OFFICIAL PilBLICA'~1QN mt shall 7• The fhvnar~acknowledges that b. The vehicular access P~ noth'sng in this Conditional Toning be located 'as shown on .the Agreement shall be consWed to attached Concept Plan. ' relieve the Owner or Applicant ' c. Owner shalt install and maintain from complying with ail other appli- landscaping to the S2 Standard, as cable local, state, and federal reg- described in Iowa City Cade of ulations. Ordinances 14-5F-8, as amended, 8. The parties agree thai this along the length of the Dodge Gondilianal Zoning Agreement Stseat frontage. shall be incorporated by reference d. The Dodge SEreet building els- Into the ordinance rezoning the vations shall demonstrate appro- subject property, and that upon , priata articulation and tenestratlon adoption and publicatipn of the suitable . for this important ordinance, this agreement shalt be entran+oewaY into Iowa City, which recorded in the' Johnson County shall include the use of a brick Recorder's Office at the Applicant's veneer with limestone base, sills, expense. and banding to break up the Dated This 3th day of September, facade and windows on ai least 2008. 3i>% of the farads. OWNER 4. The Owner and City acknowl- UNIVERSITY OF IOWA edge that the conditions contained COMMUNITY CREpIT UNION herein are reasonab4e wnditiat5s . slRichard J. Noble to impose on the land under Iowa Senior ice-President Coda §414.5 (2047), and that said conditions satisfy public needs that CITY OF IOWA CITY are caused by the requested zon- gy: s/Regenia D. Bailey, Mayor tng change. . By: s/Marian K. Karr, City Clerk 5. The Owner and City acknowl- ' edge that in the event the subject property i5 transferred, sold, redo- _. _ veloped, ar subdivided, all redevel• opment will confomr with the terms - ot this Conditional honing Agreement. 8. The ponies aclolowledge that this Conditions] Zoning Agreement shat! be deemed to be a covenant ~ running with.the land and with title to the land, and shall remain in full ioree arrd effect as a covenant with title tv the land, unless or until released of record by the City of Iowa City, The parties further , acknowledge that this agreement shaft inure to the benefit of and bind a[I successors r~present~- tlves, and assigns of the parties. - rornisrFSPSLOPES:2ozs+sF RDP >_.,ti,- ~~\.... \ \ pSTUR0EG 5LppC5=6.9W 5F r3<76 ~ "~. 'y `. .~. •.. ,a ~ rpTALCR111GLL SLtlPES: 58.250 ~ "~. t,`: ~'f- pI571]R9E6CRi51CeL SLOPES'. S3.5R45F=24% *~~l •~ --.'-~ l~~k ~~~r I 6200 SA ET1FL (SOUTH YNN6) + 685 50 FT/PL {NORrN YANOI = ~ r -- ~ , _ i k 11265 SF1FL%3=33,78551]fT. -_ ___ _ - ~: .t.`~ti"~, j I F~ ` 1 - PARKIIJG REpJIRE]AENr: _ _ --- r. --- _ . - - -..'F" !°, J-;f •'J \ ~' ~~ ' R i I _ 5F=113 r - __- ~~.;~5' ~.~©\ ~ 33.7955E OFFICE®1PARKING SPACFf.100 --_ -"'{~"C;. ,n/~^ "t'CS1~ ~ - _ REOWRFD PARKING SPPGES -113 _ -_- _~ - ..:~ !i .'. ~wdi ~: 4-~ _ PhRKiNG SPACF551'7i`,Nn6~113 ~~~ - ~ j _ ~~~~~~ \ ~ ~~}['~ ,m m - ~' .STACKING SPACE -19 /--'- `-;`_~_/ - -•Q ~ ~ [\ } ~•~ t ~ ~- ~~ 1 ~ i ~~~~ ~7[~"~J _ - _ ~, ~r ,~ ~ LO)<ii391 ,p55 S4 FT ~\ ,.. , s„ _ .,~ ~, sEralcK c..r' NI - `_ ~" 53 SCR 95 SPACES ~ % . ., . ~ ~~ ,: '. y ... ... . ... •. - ~' ..•~ . :' ~f ~°~~~ RS5 ~ ~~ f ~ ~/ ~ ~5• ,sa ,ter ~, ~~ , ~~ ~~ ~~ • { ulccu N. node & soon stud. scw~ 1 ~,.,. November 12, 2008 i 67088 1 ~ t ~~~~~~ ~111~ ~ CITY OF IOWA C[TY 410 East Washin;ton Street Iowa City, Iowa 52240-182b (319) 35b-5000 [319) 35b-50Q4 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. 0$-4321 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of November, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 26th, 2008. Dated at Iowa City, Iowa, this 8th day of December, 2008. ~~ Ju ~ paril Deputy City Clerk tea. o~-~y3al Printer's Fee $ ` o~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # ~ 42-0330670 I, Q r~- ~.~~ )1 I~~ ~ 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 fol awing date{s): f~ ~ ~ g ~~ ~~ OFFICIAL PUBtIGATION ORDINANCE N0.08-4321 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR rxnnn~aa ncu~u~.",.+..., , I ~. SECTION 9, ENTITLED "PARKING DURING SNOW ' EMERGENCIES", TO REQUIRE, ~ UPON DECLARATION OF A , SNOW EMI=RGENCY BY THE I CITY MANAGER, ALTERNATIVE SIDE PARKING UPON CITY STREETS NOT CURRENTLY , POSTED FOR SAME DURING ~ THE DECLARED EMERGENCY i ~I WHEREAS, during significant winter weather events, efficient i ,clearing of ice and snow on public streets is necessary to minimize hazards on public streets caused by snow and ice; and WHEREAS. vehicles oarked on pow and ice and also rd by parking too far due to snow and ice; it is in the public ;reate a system io atity persons of snow which require vehi- nano WHEI Interest ,, declare Q ~~-/L~ Legal Clerk Subscribed and sworn to before me this day of A.D. 20~_, ry Public ~4rat4 {.INDA KROTZ o ~ Commission Number 732619 ' (thy Commission Expires ow- January 27, 2011 of ice and snow during slgnincant winter weather events; and WHEREAS, It is in the public interest to adopt an ordinance reg- ulating parking during a declared snow emergency and providing for enicrcement of same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF IOWA CITY, IOWA: E Ttle 9, entitlod "Motor Vehicles and Traffic", Chapter 4, entitled "Parking Regulations", Section 9, ,o,y9 ......... . .........._~ ....._.._-- i•by ~ repealing said section in tts E entirety and substituting in its place I the fallowing new sectidn; , 9-4-9: PARKING DURING SNOW EMERGENCIES: 'k A. Purpose: The purpose of this section is to provide a system to i daclare'and notify persons of snow lions, cars remain parked on aty I streets, impairing effective plowing i and snow removal. Consequently ' potential hazards era treated by ' unplowed snow and cars parking too far from the curb. B. Parking Regulations During 'Snow' Emergencies and Exemptions: The city manager or ~ ,designee shall declare a snow emergency when the city manager or designee finds, on the basis of falling snow,. sleet, freezing rain or on the basis of a forecast by the , United States weather bureau or on the basis of any other weather i service, that weather conditions will make it necessary for motor vehicle traiflc td be expedited and far park- ing on certain city streets to be'pro- hibited or restricted for snow plow- ing or other purposes. The follow- ing parking regulations shall be in effect during snow emergencies: ~ i. On all streets where parking is allowed on both sides, vehicles shall be parked on only the even street numbered side o1 the street en even days of the month after eight.o'clock (8:001 A.M. _ Q ~ ~~ ~- s. t~ ; is allowe~ shall be street n street on is al ' ales ~ PVi"1 side is on the of remain in effed.. For example, on all streets where odd-even calendar parking or other restric- ' bons are posted, those restric- tions shall continue in force and effect notwithstanding subset- ~ lions 1 and 2 above. 5. These regulations shall not and of is Emerg shall 1 ~ four (e ,except ! declan ' P.M., eight ~ da u ~ the de shall # forty-e effect under (1978 D. [ 1 de em ~ no sta parking k vehicles the odd i of the , by the of the month where parking yid Central Business ' ~cludad within this ', (1978 Code §23- 1994 Code) ~ Time Ot Snow ' A snow emergency i Ifect not earlier than s after it is declared, snow emeraency is ;hall not take affect until i lock (8:00) A.M. the next ass otherwise indicated in ration. A snow emergency in force for a minimum of The city manager or signee shall declare a snow ergency by written signed hce, filed with the city clerk, ring the beginning and ending for the period of snow emer- ;cy, which ending time shall j a minimum of forty-eight {48) l ;rs after taking effect. if the rs, of the City Berk is closed. ing normal business hours. 2.The city manager or designee may cancel such dec- laration or change the beginning or ending time. Notice as provid- ed in subsection D1 of this sec- tion sfiaN bo"given-for auch~oun- cellations or changes. 3.The city manager or designee shall inform the Iowa CitylCedar Rapids area radio and television stations and the Iowa Gity newspapers of the snow emergency declaration and when the snow emergency park- ing regulations_ f_or Iowa City will ~be in effect and ask that public I service announcements be ,made. - -- - - - C~J- , o ~ -- ~ 3 a ~ - ~~r--- f`-4.The ouhlic works director nr concerning the snow emergency declaration, when the snow ~ emergency parking regulations for Iowa City will be in effect and ~ summarizing the regulations on ~ the City websrte aRd shat! post sonably near the city limits, i informing motorists`that a snow emergency has been declared antl alternate side parking is roquired.. 5.Ths city manager or designee may take such outer actions to intprm the public of the snow emergency as appropriate. I (4978 Code §23-300) E,7owing of Improperly Parked Vehicles: Any vetricle found ib be parked where not permitted during . ~ a snow emergency wilt be Issued a notice of parking violation pursuant to 9.4-14 of this code and towed to a place des+gnaled for the storage I of impounded vehicles pursuant to Chapter 9 of ibis title. (1878 Code ~ §23-301; amd. 1984 Code} l SECTION II. REPEALER. Ail ordinances and parts of ordinances ~ in conflict with the provi-sions of this Ordinance are ftereby ~ I repealed. ~ SECTION III. SEVERABILITY. ~ } If any seMion, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication Shall not affect the ~ vaNdity of the Ordinance as a whole or any section, ,provision or pan thereof not adjudged 'invalid or unconsti-tutional. ' CF('TICIU lV_'. FFFFf'.T[VF ~ effect after its final passage, . approv-al and publication, as pro- vided by law. Passed and approved this 98th day of November, 2008. I slRegenia f]. Bailey, Mayor Attest: slMarian K. Karr, City Clerk ~~ a~~. 67292 November 26, 2006 II ~ # ~~~®~~ ,~r ~:flll~k~" ~ i~ ~ ~~'~~1~~~ CITY OF IQWA CITY 410 East Washington Street Iowa City, Iowa 52240-182b (319J 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. 48-4322 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of December, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 10th, 2408. Dated at Iowa City, Iowa, this 7th day of January, 2009. Julie aril Deputy City Clerk Printer's Fee $ ~~ ~Q _ CERTIFICATE QF PUBLICATION STATE QF IQWA, JOHNSON COi~NTY, S5: THE IUWA CITY PRESS-CITIZEN FEII. ID # 42-0330670 I, ~ D f;a, 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 f .time(s), on the following date(s): ~~err~ m ~ / ~d~ 1. Legal C rk Subs ribed and sworn to before me this ~~~` day o A.D. 20 otary Public ~¢„~ ~ ~, Lf NQA j(ROTZ ~ Commission Number T32fi19 ' '~ ~ My Commission Expires °~} January 27, 2D71 OFFICIAL PUBLICATION ORialNANCE NO. 08-4322 AN ORDINANCE AMENDING , I TITLE 5, "BUSINESS AND ! LICENSE REGUALTtONS," CHAPTER 2, "TAXICABS," IN w SECTION 5-2-4, "VEHICLE INSPECTION REQUIRED," 5U& kSECTION A AND 1[e} OF THE I CITY CODE TO CLARIFY Cl1R- , RENT 'RE4UIREMENTS, TO ' INCREASE SAFETY, AND TO ' '.REQUIRE ANNUAL INSPEC- ~TIONS. WHEREAS, in November 2606 the City Council passed ORD. 06-4243 ~ which established new regulations for °Taxicabs"; and 1 ~ WHEREAS, in November 2667 the City Council passed ORD. 07- ' 4232 requesting a one year review • of those regulations; and. 1 WFtERERS, City staff reoammends i certain changBS in the taxicab pro- ,i l visions of the City Code to clar+ty existing requirements, to increase safety, and to require only annual ;~ inspections; and , WHEREAS, it is in the City's iriter- est to adopt this amendment. NOW, THEREFORE, BE IT • ORDAINEfl BY THE CITY COUN- i CIL OF THE CITY OF IOWA CITY, i IowA: f SECTION I. AMENDMEL+tTS 11. Title 5, entitled "Business and ` License Regulations,° Chapter 2, entitled "Taxicabs," is hereby amended by repealing the following sections and subsections in their entirety and replacing them with the following: 5-2-4, Vehicle Inspection Required, section A: Each applicant far issuance renew- al of a taxicab decal shall submit, with the application, a certificate of inspection issued by the city equip- ment superintendent or designee. Such certificate shall be valid for 45 days from the inspection. Each vehicle governed by this chapter shall be subject to an annual inspection. All inspections shall consist of the following: 5.2-4, Vehicle Inspection Regulretl, Sub~tion Ai: All taxicabs shall be inspected for compliance with the requirements i of this chapter, excluding pedicabs and horsedrawn vehicles, as fol- lows: SECTJOhI_ l1._REPEALER. All ordi- nances and parts of ordinances in ' conflict with the provisions of this Ordinance are hereby repealed. ff 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._,-jrFFECTI~fF~ATE. This ordinance shah be in effect after its fens! passage, approval and publication, as provided by law. Passed and approved this 2nd day Clerk 2fl68 ~ ~ 1 ,~f +~ifl~~~ CITY OF ~~WA CITY 410 East Washington Street Iowa City, Iowa 52240-182 (319] 356-5404 (319] 355-5009 FAX www.icgov.arg 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 cors:ect copy of the Ordinance No. 08-4323 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of December, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 24th, 2008. Dated at Iowa City, Iowa, this 7th day of January, 2009. Julie paril 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 1 irY f fl T !i~ _ _ ~ ~~ __ BiSeeiel~a, 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 Clerk Subscribed and swarm to afore me this day of A.D.20 ~c7~.. ~ai~te LINDA KROT Public ~~ Commission Number 732619 ' My Commission Expires °1~''' January 27, 2x11 OFFICIAL PUBLICATION ORDINANCE NO. 08-4323 AN ORDINANCE AMENDING TITLE 14, 20NING CODE, TO AMEND THE DEFINITION OF "HOUSEHOLD' TO REDUCE THE NUMBER OF UNRELATED PER- SONS ALLOWED TD RESIDE IN ONE DWELLING UNIT FROM FlVE(5} UNRELATEt) PERSONS TO THREE (3} UNRELATED PER- SONS IN THE COMMUNfTY COM- MERCIAL (CC-2}, CENTRAL BU51NES5 SERVICE {CB•2), CENTRAL BUSINE55 SUPPORT (CB-SJ AND CENTRAL BUSINESS (CB-10} ZONES ~ _~ - ~t WHEREAS, tfie Centra[.6usiness'~ District grid associated zoning dis- ' trios is intended to be the high~di3n- was opportunities for a wide range of retail service, office and'residen- tial uses; and WHEREAS, .the Community" '~ Commorcial Zone is intended to ~ provide for major business districts. to.provide a variety of retail goods; and services for a significant seg- ment atthe total cammuniry popula- tion; and ! ; 'WHEREAS, the location of the .University campus in close proximi-, • ty~to .the downtown in. combination with the cunent occupancy start- dards for residential uses create an incentive to develop or redevelop' property in a manner intended pYl- wnn tess empnasis on prowgtng quality commercial space or resi- dential dwellings for long term resi- there is a desire to witle variety of businesses and res- idents in the downtown to ensure the long term economic fleaEth of the downtown; and WHEREAS, it is common practice to control maximum occuoancy vent overcrowding, to control park- ing and EraAic congestion, and to maintain a certain character within an area; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL 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 Article 14-tfA, General Definitions, by deleting the defini- tion of "Household" and substituting in lieu thereof the following defini- tion: HOUSEHOLD: in the ID, RR-1, RS Zones, RNS•12, RM-12, MU, CN-1, CC-2, CB-2, CB- S, and CB-10 Zones a Household is defined as: • One person; or • 2 or more persons related by ~ blood, marriage, adoption or place- `F merit by a govammental qr social service agency plus up to 1 unrelat- ed person, occupying a dwelling unit as a single housekeeping organization; or ' • a group of not more than 3 per- sons unrelated by blood, marriage, or adoption, occupying a.dwelling unit as a single housekeeping organization; or • A group of persons thatmeet the definition of a Group Household, as defined in this Title. In the ANS-20, CO-1, and RM-20 Zones a Household is defined as: ' • One person; or • Two or more persons related by blood, marriage, adoption or place- ment by a governmental or social service agency plus up to 2 unrelat- ed persons, occupying a dwelling . unit as a single housekeeping organization; or •a group of not rROre than 4 persons' unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organiza- i lion; or • A group of persons that meet the defnition of a Group Household, as defined in this Title. In the RM-44 and PRM Zones a Household is defined as: • one person; or • Two or more persons related by blued, marriage, adoption or place- ment by a govammental or social service agency plus up to 3 unrelat- ed- persons, occupying a dwelling unit as a single housekeeping 'organization; or • a group of not mare than 5 per- sons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping that meet the Househcld, as ion t4-4E-9C; as 4q: identiai use for was issued, if the permitted has begun en 3, 2008; or, 2} rental permit was issued prior to December 24, 2008, the effective date of the current maximum otxu- pancy regulations. Far such uses, legal nonconforming rights will be granted for this maximum occupan- cY SECTION III. REPEALEA. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION iV. SEVERABILITY. Ef any section, provision ov part of the Ordinance shall be adjudged to be or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in sftect after its final passage, approval and publication. ' Passed and.approved tfiis 16th day of December, 2008. 5lAegenia D. Bailey, Mayor ` Attest: slMarian K. Karr, City Clerk `}I 74349 becember 24, 2006 ~ r STATE OF IOWA ) }SS JOHNSON COUNTY } ~~ ~ ~_.:.®~ ,~t x,11 ~~I. 4l0 Easr Washington Street Iowa City, Iowa 52240-1826 [319] 356-5000 [319] 356-5009 FAX www.icgov.org + ~®r~~^ CITY OF IOWA CITY i, Julie K. Vaparil, 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. 08-4324 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of December, 2DD8, ali as the same appears of record in my office and published in the Iowa City Press-Citizen on December 31st, 2008. Dated at Iowa City, Iowa, this 9th day of February, 2009. \~ . ~ ~ Ju paril Deputy City Clerk l Printer's Fee $ -~ . i-1 L' 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 . times}, on the fo_ Mowing date(s): i7 J Legal Clerk Subscribed and sworn to before me this_ /~'~" day o • ~ ~ - A.D. 20 ) ~' ~.J . ~' i` ~ ~~ r- r 'L~ otary Public 1401'LZ 2N12F - r~o salEdx3 vaissnuwa~,<yy fiL9Z£1 ~aqu~n~ uols5~tuuto~ ~ if Zi421N dONII 't*'a~ OFFICIAL PUBLICATION ORDINANCE N0.08-4324 AN ORDINANCE REZONING APPROI(IMATELY 179 ACRES OF LAND LOCATED ADJACENT TO 420TH STREET, WEST OF TAFT AVENUE FROM COUNTY RESI- DENTIAL (R) TO INTERIM DEVEL- OPMENT INDUSTRIAL{ID-!) AND FOR THE IOWA INTERSTATE ROAD AND TAFT AVENUE FROM COUNTY RESIDENTEAL (R) TO GENERAL INDUSTRIAL fill. WHEREAS; the Trusts established ~~ i under the will of Veronica Prybil are the owner and legs! titleholder of , approximately 179 acres of land ' located adjacent to 420th Street, west of Taft Avenue; and WHEREAS, the' Iowa Interstate Railroad, Ltd., is the owner and legal titleholder of the railroad right- of-way between Industrial Park I Aoad and Taft Avenue; and c WHEREAS, MidWestpne Bank, as Trustee for the Trusts, has request- rt ed annexation and rezoning of the r approximate Y79 acre tract info the I ' City at Iowa City, towa; and . WHEREAS, the Iowa Interstate r~ Railroad, Ltd., has requested . annexation and rezoning of the rail-, . road right-of-way between Industrial I Park Road and Tatt Avenue into the City of Iowa City, Iowa; and I u~uoarnc ,:,...~ -....,..,...e r...,. ~,.,.... appropriate for future ihdustrial ~ development once City services , have been extended to the area; and WHEREAS, the zoning of railroad right-of-way should be consistent with the zoning of the adjacent [and, which is zoned industrial;' WHEREAS, the Planning and . Zoning Commission has reviewed ' the proposed rezoning and deter- mined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE ff ORDAINED BY THE CITY 000N- CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. 1.Property described below is here- by recassified from its current zpn- ' ing designation of County Residential (R} to Interim peveloprnent-Industrial (ID-I}: Property locally known, as 4748 ~.._..,, Township 79 North, Range 5 West of the 5th RM., lying north of the right of way at the Chicago, Rock Island &. P&Ciflc Railway Co., run- ning diagonally southeast to north- west through said quarter sedlon, Johnson County, Iowa; and All that part of the Southeast of from h said of the Northeast Quaff Sec. 30, Township 79 I 5 West of the 5th P.M., p~ ~ ~~ of the `jiublic highway known as the Singleton Road, running thence south along the present lance line ~ 1320 fee! to a stake, thence east i 1495.4 feet to a stake, thence north ~ 131fi teat to the center of Singleton Road running along the north line of said quarter section, thence west ' along the center of said Singleton Road 1500 feet to the place of P. M., thence North D2°40' west along the east line of said section 544.15 feet, thence north $d°53' west along the southerly line of the right of way of the Chicago, Rock Island 8 Pacific Railroad Company 19, thence east 647,32 feet along the section line to the point of begin- ning, according to plat recorded in Plat Book 5, Page 23, Pfat Reoorcfs of Johnson County, Iowa. And Except: A portion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5th P.M., more particula-ly described as tolEows: ~ Commencing as a ~ poim of refer- ence at the Southeast corner of ~ Section 19, Township 74 North, i Range 5 West of the 5th P.M., i Johnson County, Iowa; thence North 89°48' West 647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning of tract herein described {this is an assumed bearing for purposes of of the Chicago, Aock Island, and Pacific Railroad Company; thence North 64°49' West 370.18 feet along the Sou#herly,right of way line of the Chicago, Rock Island & Pacific Railroad Company to a Ouarter of said Section 19 to point , of beginning; end containing 7.0 acres more arless. 2. The property described below is hereby reclassified from its current zoning designation of County Residential {R) to General Industrial {I1): LEGAL DESCRI1s710N Johnson County, Township 79 North, Range 6 West, In the south- i west comer of the southwest guar- , ter of Section 13, all Iowa Interstate Railway Right of Way from the west ~ boundary Ilne of section 13, along said railway right of way east south- east to the center line of Taft Avenue in the southeast comer of the southeast quarter of Section 19 in Township 79 North, Range 5 West. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of, Iowa Ciiy, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as aooroved by law. - --- . P ~ a~~ 0~,~ . o g - ~ 3 ~ ~ SECTION III. CERTIFICA71urv AND RECORDING. Upon passage and approval of the prdinance, the Hants and record the same in the I Office of ihs County Recorder, Johnson County, Iowa, at the i Owner`s expanse, upon the final passage, approval and publication of this ordinance, as provided by ? law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adiudaed Invalid or ,This VI. Passed and approved this 22nd day 'it pecember, 2008. ' ' slRegenia D. Bailey, Mayor attest: slMarian K. Karc, City Clerk '4361 December 31, 2008 a r r ~~~~~ ~! ~nl~ilr ,~ CITY OF IOWA C1TY 410 East Washington Street Iowa City, Iowa 52240-1826 (3l9) 35b-5000 (319} 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Cleric 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. 08-4325 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of December, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 39 st, 2008. Dated at Iowa City, fovea, this 9th day of February, 2009. ~~~ Julie oparil Deputy City Clerk Printer's Fee $ ~ ~ L CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, 55: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 ~rrr n ~-1.~ ~Q ~~ Diana Becicka, 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 Clerk Subscribed and sworn o before me this ~?~-~ -day o_ A.D. 20~ J i Notary Public tLOZ'LZ envef ~rto saaldx~ uoissituwo~ ~W 669Z£L segt.unN uo~ss~tuu€D~ ~y ~~ y Z1Q~N dONI~ ''*'"` OFFICIAL PUBLICATION AN ORDIf LY REZOF 1.69 ACI LOCATED CORNER BOULEV~ ~ ~ PARKWAY * DEVELOP ` OFFICE (I CIAL OF OOf10iO} Yu Southgate requested located at ~ Camp G+ Kennedy Developrr (lD-CO-1) Dittos (CC r WHERE ~ Plan Indic approprial use provi~ designed cent resid WHET (2007) prc ~ City may lions on rezoning existing re fy public requests[ WHI 7nninn 08-4325 ERTY AND KENNEDY 'ROM INTERIM F COMMERCIAL -1} TO COMMER- {CO-1). (REZOB- iAS, the applicant, lapment, LLC, fins zoning of properly mutheast comer of . 1 Boulevard and Nay from Interim :ommercial Office e to Commercial ins; and ne Comprehensive hat this location is Commercial Office ich development is ;ompafible the adja- an applicant's over and above tin orderto satls- caused by the and he f tanning and sion has the reviewed the and determine the Comprehi that it meats ~ the need for r and ig design and place-. access, screening, rnd the owner, Crossing LC, and applicant hat the property shall in accordance with d conditions of the ate development in this area of the ci NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- C1L OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Interim Development Commercial Office (ID-CO-1) to Gomrnercial Office (CO-1}: COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89°25'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSEC- e~ 1 ~ 3 TEON WITH THE EAST RIGHT-OF- WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTH- . WESTERLY, 50.0 FEET, ALONG ; SAID EAST R1GHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT ~ RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD .BEARS N00°07'i6"W; THENCE NORTH- WESTERLY, 380A FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN qRG OF A 760.0 FOOT , Ni6°19'46"W; TH N30°39'08"W, ALONG SAID RIGHT-0F-WAY LINE, 30.9 SAID EAST RIGHT AND AN ARC OF A ~IUS CURVE, CON- JISTEALY. WHOSE RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30°39'08"W, ALONG SAID EAST RIGHT-0F-WAY LINE, 60.0 FEET; THENCE 559°20'52"W, ALONG SAID EAST RIGHT-OF- WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARG OF A 20.0 FOOT RADIUS CURVE, CON- CAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75°39'08"W; THENCE N30°39'08"W, ALONG SAID EAST RIGHT-0F-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEAST- ~ ERLY, WHOSE 362.1 F007 ' CHORD BEARS N14°43'50"W; i THENCE N01°11'28"E, ALONG ' SAID'EAST RIGHT-OF-WAY LINE, 364.8 FEET, TO THE POINT OF { BEGINNING, THENCE CONTINU- ENG, NOt°ii'28"E, ALONG SAID EAST RIGHT-0F-WAY LINE, 55.8 FEET; THENCE NORTHWESTER- LY, 179.4 FEET. ALONG SAID SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT ~ RADIUS CURVE, CONCAVE i SOUTHEASTERLY, WHOSE 56.4 FOOT CHDRD BEARS SAIb EAST RIGHT-OF-WAY LINE, 33.D FEET; THENCE N86°53'42"E, 43.fi FEET; THENCE NORTH- EASTERLY, 157.9 FEET, ALONG AN ARC OF A 1DOD.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE ~~ , a ~-~~ . Plat thereof recorded In Book 52 at page 278. Plat Records of Johnson . C:S3 vegetative screening shall be provided along Ryan Court and 157.7 FOOT CHORD BEARS N82°22'17"E; THENCE County, Iowa, an approximate 1.69 acre parcel located at the southeast along the south property line. corative fence Additionally, a de Sit°09'09". E, 111.7 FEET;THENGE SOUTHEASTERLY, 163.5 FEET, comer of Kenned Parkwa and y Y Camp Cardinal Boulevard; and The A licant with the WHEREAS _ constructed of masonry and wrought iron materials or a 2'-3' o ALONG AN ARC DF A 750.0 FOOT , , pp Owner's consent, has requested the ng hi h berm shall be installed al 9 Ryan Court; RADIUS CURVE, CONCAVE WHOSE SOUTHWESTERLY rezoning of said property from . p.ln order to reduce the hardscape , 163.2 FOOT CHORD SEARS S05°54'30"E; THENCE Interim Development Commercial Office {ID-CO-1) to Commercial effect of the parking area and Ryan Court entrance, the development S00°20'09"W, 64.7 FEET; THENCE ° ' " Office (CO.1); and WHEREAS, the Planning and shall include either a 3' to 5' wide landscaped bed (!ow shrubs or W, 294.4 FEET, TO N69 39 51 SAID -POINT OF BEGINNING Zoning Commission has deter- perennial plantings) between the , CONTAINING 2.03 ACRES, AND SUBJECT TO EASEMENTS AND mined that, with appropriate oondi- lions regarding building design and ~ walkways and the building or tree wells within the walkway as shown r RESTRICTIONS OF RECORD, placement, vehicle access, screen- ing, and Signage, the' zoning is in on the submitted site plan. E. Signage shall be permitted SECTION II. TONING MAP. The conformance with the Comprehensive Plan; and according to the CO-1 zone 5tan- Bards set forth in Iowa City building-official is hereby authorized and directed to change the zoning WHEREAS, Iowa Gade §414.5[2007) provides that the Oify t Ordinance 14-5B-8C, subject to the limitations: followin map of the City of Iowa City, Iowa, to conform to this amendment upon of Iowa City may impose reason- able conditions on granting an g t No more than one monument sign if installed shall be permitted and the final passage, approval and publication of the ordinance as l d b I applicant's rezoning request, over and above existing regulations, in , , shall be installed at the comer of Gam Cardinal Boulevard and approve y aw. SECTION III. CONDITIONALZON- order to satisfy public needs caused b the re uested chan e; and Kenned Parkway; Y ~ING AGREEMENT. The mayor is y g q WHEREAS, the Owner and 2 No illuminated si ns shall be per• 9 ~mitted on the east side of the build- I hereby authorized and directed to the and the Ciry Clerk attest sign I Applicant acknowledge that certain ing or any portion cf the building , , Conditional Zoning Agreement conditions and restrictions are rea- i sortable to ensure the development ~ ~" 1 facin the, arkin area; g p g 3 Signage within the front setback: between the property owner(s) and the City, following passage and of the ro is consistent with the ~ ~ ~ P ~~ Comprehensive Plan and the need along Ryan Court will be limited to i th approval of this Ordinance. CERTIFICATION SECTION IV for neighborhood compatibility; and n e directional si na a Mark g g g entrance to the arkin area. P 9 . AND RECORDING. Upon passage and approval at the Ordinance, the WHEREAS, the Owner and A licant a ree to develo this op a G ' F. An street-facin to de realer y g ~ g than 50-feet in width must be bro- Gity Clerk is hereby authorized and pr erty in ccordance wi t the terms and conditions of this ken into modules that give the directed to certify a copy of this ordi- and record the same in the Hance . Conditional Zoning Agreement. OW TH REFO E i d appearance of individual units. These modules must meet the fol- , Office of the Gcunty Recorder, at the Iowa Johnson County N , E R , n consi ers- ; , fion of the mutual promises con- local standards: n9 1-Each module must be no rester g , , twined herein, the parties agree as than 40 teat; Owner's expense, upon the final follows: - 1.The Crossing Development LC is ' 2. Each module must be distin- wished from the ad scent module g 1 passage, approval and publication of this ordinance, as provided by the legal title holder of the properly ' legally described as follows: b at least "three of the followin I Y g law. SECTION V. REPEALER. All ordi- ! Lot 9 Cardinal Pointe South Part ~ One according to the Ptat thereof means: i a. Variation in wall plane by recess- i a buildin module from the ad a ~ g j nances and parts of ordinances in , conflict with the provisions of this j recorded in Book 52 at page 278, Plat Records of Johnson County Cent building module; l t i t i l i Ordinance'are hereby repealed. , Iowa co ors, ypes, n ma e_ r a aton b.Var or textures; SECTION_ VI. SEVERABILITY.Jf any section, provision or part of the 2. The Owner and Applicant acknowledge that the City wishes tc~ c. Variation In building or parapet height; Ordinance shall bo adjudged to be invalid or unconstitutional, such ensure conformance to the princi- pies of the Comprehensive Plan d. Variation in architectural details such as decorative banding adjudication shall not affect the of the Ordinance as a whale validit and neighborhood compatibility. l , reveals, stone, or file accents; t y or any section, provision or part Further, the parties acknow edge that Iowa Code §414.5(2007) pro- e. Break or variation In window pat- I thereof not adjudged invalid or unconsttutional vides that the City of Iowa Ciry may ~ tem. G. A minimum of 30 percent of any ' . SECTION VII. EFFECTIVE DATE. impose reasonable conditions on granting an applicant's rezoning , street-facin fa de between 2 and g , ~ 10 feet In height from the adjacent This Ordinance shall be in effect after its Gnal passage, approval requesE, over and above the exist- I I in re ulatons, in order to sots g g ty exterior rode must be cam riled of g P windows or doors; and publication, as provided by law. ~ Passed and apprpved this 22nd day public needs caused by the , H. At least 75°k of the building's of December, 2008. requested change. 3.1n consideration of the City rezon- exterior. shall be constructed of quality exterior building materials, ~ slRegania D. Bailey, Mayor Attest: slMarian K. parr, Gity Clerk ing the subject property, Owner and Applicant agree that development includin brick, mason stone or ' g ry CONDITIONAL zONING I AGREEMENT of the subject property will conform ~ stucco. 1. Primaiy building entries must be THIS AGREEMENT is made to all other requirements of the zon- , ing chapter ds well as the following € distin cashed at least two of the g ~' between the City of Iowa City, Iowa, a munici al corporation hereinafter P ( , conditions: A The development will substarnial- following means: 1. Canopies or awnings; "City"), and The Grossing Development LC (hereinafter . ly comply with the October 30, 2008 l i 2. Recesses; 3. Raised comics or similar archi- "Owner") and Southgate ment Services LLC [here- Develo an as submitted, w th concept p r and to the location of the buifdin ~ o , tecturaf features; 4. Architectural details, such as the p inatter °Applicant"). Owner is the legal title WHEREAS d parking area and the level r f screening shown thereon. Any Sig- work and moldings that are lmegrat- ed in the building structure aril , holder of Lot 9 Cardinal Pointe ' t th di niticant deviation from these aspects of the concept plan shall be design. J. The final design of the develop- ' ng o e South Part One accor approved by the Planning and 1 meet shall be approved by the - Zoning Commission; Director of Planning and I 13.Vehicle access shall be limited to Community Development. one entrance point to b9 located oft 4, The Owner, Applicant, and Gity Ryan Court and centered between acknowledge that the conditions lots 10 and 11 of the residential .contained herein are reasonable zone to the east as shown in the I . ~ i ~' condkions Eo impose on the land concept plan;_~ ~ under Iowa Code §414.5 (2007), and that said conditions satisfy pub- llc needs that are caused by the requested zoning change. ~'J 3 `,~ 3 C9-.~~-<~.. ~ ~ -- 4 3a5 5. The Owner, Applicant, and City .acknowledge the! in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. B.The parties acknowledge that this Canditiona! Zoning Agreement shall be deemed to be a covenant run- ning with the land and with title to the land, and shall remain in folk 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 aft succes- of the parties. 7. The Owner and be COnStrLlad t0 raIIBVe the VWner or Applicant from complying with alt other applicable local,' state, and federal regulations. $. The parties agree that this be the the Johnson [;ounry necaraer s ONioa at the Applrcartt's expense. ! Dated this 16th day of December, i 2008. OWNER 7HE CROSSING DEVELOPMENT LC slDennis Craven, Manager APPLICANT 5OUTHGATE DEVELOPMENT ~ SERVICES, LLC slGlen Siders,Y~ce President '~ CITY OF IOWA CITY Sy: slFlegenia D. Bailey, Mayor By: slMarian !(. Karr, Ciry Clerk 74362 •December 31, 2008 i ~ r~~~ ~~ ~wr~~ -~t.a~._ CITY OF IOWA CITY 410 East Washington Street Iowa City, iowa 52240-1$26 (319} 356-5000 (3i9} 356-5009 FAX www.icgov.org STATE OF IOWA ) }5S 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. 08-4326 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of December, 2008, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 31st, 2008. Dated at Iowa City, Iowa, this 9th day of February, 2009. ` ~~ Julie paril Deputy City Cterk `~~ ` `~3 ~~. _ o ~ ^ ~3a~ Printer's Fee $ ~ ~ 7.gG CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I• ~ ~ ~ Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper 1 . times}, on the following dates}: } ~ Legal Clerk Subscribed and sworn to before me this_ l~ `~` day of > • • r A.D. 20~. ~ '~.C Notary Public Q~~"`~ LrNDA KROTZ ;~ Commission Number 732619 a,r~ ~+y Commission Expires January 27, 261 ~ OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 013-4326 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ESTABLISH A MINIMUM PARKING REQUIREMENT FQR HOUSEHOLD LfVfNG USES iN THE CENTRAL BUSINESS (CB-10) ZONE WHEREAS, the Central Business District is intended to be the high density, compact, pedestrian-oriented! shopping, office, service and entertainment area in Iowa City and provide opportunities for a wide range o1 retail service, office and residential uses; and WHEREAS; the location of the University campus in close proximity io the downtown in combination with the current lack o1 a parking requirement for Y residential uses create an incentive to develop or redevelop property in the downtown with large numbers of apartments intended for short term renters without providing any parking for said residents; and I WHEREAS, the City's parking policy in the Central Business District has } bean to publicly provide customer parking in strategically located stneclures, ; in order to serve and support businesses in the downtown area and prevent j large surface parking lots from detracting from the pedestrian-oriented, mainsheet character of the downtown; and WHEREAS, parking demand from residents living downtown is fundamen- { tally different from the parking demand generated by businesses in that the residential demand is for dedicated, long Eerm parting; and WHEREAS, large residential development projects may put an undue bur- ; den on the public parking facilities and on-street parking in neighborhoods I WHEREAS, with an increased demand for residential uses in the downtown' area beyond what was originally anticipated when the current Central Business regulations were adopted, and the consequent request for devel- opment and redevelopment of buildings that will contain large numbers of residents, provision of additional parking on-site or in convenient locations adiacent to residences is needed. NOW, THEREFORE, BE 17 ORDAINED BY THE CITY COUNCIL OF THE CITV OF IOWA CfTY, IOWA: - SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hare- ' A.Deleting subsection 145A-4B, Minimum Requirements, and substituting in lieu thereof: •~B. Minimum Requirements t. Table SA-2 lists the minimum parking requirements and minimum bicycle parking requirements for the land use or uses on properties in all zones except the CB-5 and CB-10 Zones. For some land uses, the minimum parking requirements differ based on the zone in which the property is locat- ed. 2. In the CB-5 and CB-1r) Zones, parking is not required for any land use, 'except for Household Living Uses, as specified in Table 5A-1, below. 3. In the CB-10 Zone, off-street parking must meet the standards specified in 14-5A-3D. B.Deleting Table 5A-1, and substituting in lieu thereof: -TabN 6A-1: Minimum Pa~%M uMan»ma In tM CBS and Ce-to ionaa - - ~ueE waanou.t ~ tancpal~e Pad,l,y Ragoaamanl - Ckrye4 Pr.aa,a errarin.r ur, Hourelgltl Mine- G&5 EfYCiency,t-0edrown, ono 2-badman ums: 1 space per LhYq Vres famYy dwarrq uM. 1.0 par OwaYYfYs ~ 7detlmua urlllf', 2 spaces per tlranYing anti d.u. r Vnrts nia, more I~en 3 5edmoms:3 spaces per daredkg une EVder ApamrNnN: 1'spece br esrerY 2 dreYh,g aryls. • CB-10 Fp, burtlYps butt on pr before OecamWr 77. 2008'. t.o par 7srie eetlmams 1-t0: no Parking requhetl d.u. All edtlttbnal bedrppme' OS spacer per badman - (Fa pruPa•nsMdi4 sM,dard an eat]ency aparbneM nil be munled as one bedroom) Fp buYangs Duel on or a8er Janwry 1.2006: Ellkienoy and 1-0edman ulyes: 0.5 rpam par dneB y Z-0ed,amr une'. , rpaCa per dwellhp volt 3-oedroom unX', 2 apacaa per eweltlnp unn C.Deleting subsection 14-5A-3D, CB-it) Zone, and subslituGng in lieu thereof: D. CB-1f} Zone 1. Off-street parking is not required for any Use, except Household Living Uses, as specified in Table SA-1. 2. Private, off-street parking is permitted only after approval of a special exception, except for Hospitality-Oriented Retail Uses and Household Living Uses as specified in the following paragraphs, 3. Hospitality-Oriented Uses are allowed up to i-1l4 parking spaces for each guest room and parking spaces equal to 1l3 the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subparagraphs 5b. through e., below. Any parking spaces requested beyond this maximum must be approved by the Board of Adjustment as a special exception and meet all of the approval criteria list- ed in paragraph 5, below. "_ O-~~.. c~ ~ ~ L 4. liausehaid Living Uses must provide parking according to the specified ~ requirement in Table 5A-1, The parking must meet the standards specified in subparagraphs 5b. througfr e., beWw Off-site parking proposed for r~ Household Living Uses may be approved try special exception according to the provisions of i4-SA-4F, Alternatives to Minimum Parking Requirements. 5. 1n addition to the general special exception approval cclerta spedfied in Article 7 4-48, applications for a speaat exception far private off-street park- ing in the CB-10 Zone must mast the following specific approval criteria: ~ ~ a. The applicant must demonstrate through a parking demand analysis that , the numtrer of parking spaces requested does not exceed the demand for packing for the specific buitdirtg ar project proposed And that the parking ~ demand cannot be satisfied through the public parking system. Short term parking demand is preferced to be satisfied through the public parking sys- , tem. b. Surface parking is not permitted. t c. Underground parking is prefarced over above-ground structured parking. ' The design of any untlerground parking must not detract from ar prevent active building uses oh the ground-level floor of the building. To that end, the Coiling height of any underground parking lave! may oat oxtend more than 1 foot above the level of the.adjacent sidewalk. On Sloping building j sites and for existing buildings, the Ciry may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than ono foot above the level of the strutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestiian plaza at any point along astreet-facing building facade. d. Above-ground struchrred pArktng may tre approved onry 61' special exception according to the standards in subparagraph e., below. e. Whsre parking is located within the extertar welts at a building, the fol-~ lowing standards appry: ' (1 }The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground-, level floor of a building, provided that a substantial portion of the ground ' level floor of the building is reserved for and built to accommodate storehont ' uses. On the ground level floor of the building, parking is not allowed with- .` in the first 50 test of building depth as measured from the front building line. ' (2} Vehicular access to parking within buildings must tre from a rear alley or ~ private rear lane, whenever feasible. Garage openings along the primary ~ street frontage are not permitted it axess is feasible lrgm anottler street or from a rear alley, private street or private rear lane. If there is no other fea- siblealternative, agarage opening may be allowed along the primary street frontage, if the Board determines that the openings} will oat detract from or unduty interrupt pedestrian flow along the street and traffic and pedestrian safety will not be compromised. Garage openings she!! be !wilt to. She min- imum width necessary for access. (3}Any exterior watts of a parking fadtity that are visible from a public or pri- vale street must appear to be a componenE of the facade of the building through the use of building materials, window openings and facade detai~- ing that is similar or complementary to the design of the building, (4} Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedes-' i Irian on any abutting sdewalk at a distance of not less than 10 feet. Stop ~ signs and appropriate pedestrian warning signs may bo required. D.Deleting subsection i4-2C-il., Central $usiness Zone (CB-10}, and sub- stituting in lieu thereof: I. Central Business Zone {CB-f0} ' The purpose of lire Contra! Business Zone (CB-10} is to be ifie high densi- ~ ty, compact, pedestrian-oriented shopping, office, service, and entertain- ment area in taws City. Development and redevelopment in this zone should occur in compact groupings, in order to intensify tho density of usable commercial spaces, while fnereasing the availablUty of open spaces, ~ plazas or pedestcanways. This zone is intentled to accommodate a wide range of retail, service, pfflCe and residential uses. Auto-oriented uses are not permitted, except as specifically provided. Consolidated off-street load- ~ ing and service facilities should be provided wherever practical with access provided from public service alleys or courts. Private, off-street parking is strcgy regulated in order io preserve valuable land for active building uses And tomaintain apedestrian-oriented streetscape. To support a hea ry and vibrant commercial core, development of mixed-use buildings withi~siden- tiat uses located above storefront commercial uses is enoourage~ ' E.Delsting subsection 14-2C-6F, Parking in the CB-10 Zone, ends hstitut- ' lrrg in lieu thereof: F. Parking in the CB-10 Zone {' Oft-street parking is strictly regu[afed in the CB-10 Zone according to the procedures and standards listed in Article 14-5A, Off-street Parking and Loading Standards. F.Deleting paragraph i4-SA-4F-t., Off-site Parking, and substituting in lieu thereol: 1. 08-Site Parking Off-street parking may be foCaled on a separate tat from the use served according to the following rules. When the proposed off-site parking islocai- I ad in a Residential Zone or in the C8-t0 Zone or intended for a use locat- ed in the CB-10 Zone, the Board of Adjustment may grant a special excep- tion for the proposed parking, provided the conditions contained in sub- paragraphs a. through g. are met. When the proposed off-silo parking is j located in an Industrial Zone, Research Zone, or Commercial Zone, except + ' fire CB-10 Zane, the Director at Planning and Community Development ~ may approve the proposed parking, provided the conditions contained in ~ ~ subparagraphs 8. through g, era met, ~~ -a ~ ~ 3~~ G.i]aleting subparagraph 14-SA-4F-1b, ' b. Location of Off-site Perking (1 } In Residential and Commercial Zones, no off-site parking space may be ' located more than 300 feet from an entrance of the use served, except as allowed in subparagraph e, bebw, for parking in a munioipalty-0wned park- . ing facility. ~ (2} In Industrial and Research Zones, no off•site parking space may be located more than 600 fast from an entrance of the use served. HA8leting subparagraph i4-5A-4F-1 e., Off-site Parking Located in a Municipally-owned Parking !`adGty, and substituting in lieu thereof: e. Off-Site Parking Located in a Munirtipally-0wned Parking Facility In Instances where a use is within 604 feat of a City-owned packng area, up to 50 percarn of the required number of parking spates may 1>e prouid- ed in the parking facility. When a use abuts a Cirywwned parking area, up to 100 percent of the required. number ai padirrg spaces may be provided ; in the parking facility, In the CB-10 Zane, up to i00 percenE of the required number of parking spaces maybe provided in a City-awned parking facility regardless of the distance between the use and the parking facility., When an applicant requests to provide off-street parking in a City-owned parking facility, the Director of Planning and Community Development in consuha- Iion with the Director of Transportation Services and the City Manager or dssigneo must substantiate that with the atlditicn of the requested number of parking spaces the capacity of the parking facility will not be exceetled. ' to Ehe CB-i0 Zone, said parking requested to meet minimum parking requirements for residential uses may onty be approved by special excep- tion and only if there is capacity In the subject facility tar long term parking and leases have been or wilt be secured from the City- f.Deleting paragraph ] 4-5A-4F-4, Parking Exemplian in the CB-5 Zane, and . substituting in lieu thereof: 4. Parking Exemption Jn the CB-5 2ana and CS-10 Zone In the CB-S Zone or CB-10 Zone, a minor modification may be granted as specified in Section ]4-4$-f axempftng up to 30 percent of life total num- bar of dwelling units contained in a building from the minimum parking requirements, provided that those dwelftng units are Committed to the City's assisted housing program or any other affordable housing program j approved by the Ciry. ~ J.Deleting 14-4B-1A-3., and substituting in lieu thereof: 3. In tho CB-5 Zono and CB-10 Zone, a minor modification may be granted exempting up to 30 percent of the total number of dwofling units contained in a building from the minimum parking requirements, provided that those dwelling units are Committed to the City's assisted housing program or shy other affordable housing program approved by the City. K.Aelating subsection 14-78-7D, In Lieu payment, and substituting in lieu thereof: D. In-Lieu Payment Jn order that available land in the Near Southside Parking Facility District is intensively used, and that a portion of residential parking is Combined in a City oft-street parking facility ar taCllities, rather than scattered throughout the Near Southside Parking FaciNry Distrrct, the City Council finds that Ure residential parking facility impact fee shall be paid for a minimum of 75 % of the parking spaces otherwise required according fo Article ] 4-5A, Off-street Parking and Loading Standards, for residential uses in the CB-5 and CB-i 0 Zones; if fewer than 25°~ of the required spaces are provided on stte, the fee shall tre incroased acoordingy and if more than 25% of the required spaces are provided on site, the fee shall be 75%. In lieu of providing 50% of tho parking spaces otherwise required according to Article 14-SA, Off- street Parking and Loading Standards, for residential uses in alt other zones of the Near Southside Parking Facility District, a fee shall be paid. The City Council further finds That this parking facility impact fee is reasonabry and ratlonatly related to the increased off-street parking need or impact created by said new residential development. L.Delating subsection t4-7$-7E, Formula, and substituting in Usti thereof: E. Formula , The total residentia! parking facility impact tee required by this Article shall be calculated by multiplying the number o1 parking spaces otherwise ' required for residential uses acoardirtg to Article ]4-SA, Oft-street Parking and Loading Standards, by 75% in the C8-5 and CB-10 Zones and by 50°/ in all other zones in the Near Seudrside parking Faciiiry tJistrfct, and multi- plying that product by the per space parking facility impact fee amount, as expressed Jn the formula: (RP$ x 0.75} RIF= TRF or (RPS x 0.5} RIF =TRF, where: RPS ~ the number of parking spaces otherwise required according to Article i 4-5A, Off-street Parking and Loading Standards, for the residential use; RIF ~ the per space residential parking ~aciliry impact lea tar residential uses• and TRF ~ the total residential parking facility impact fee required by this Article, M.Deleting subsection i4-7B-11A, On-site Parking Spaces, and substituting in lieu thereof: A. On-site Parking Spaces ' Notwithstanding provisions of the Zoning Ordinance which may be to the Contrary, payrrrent of the residential parking facility impact tee shelf require the residential fee payor to provide between 15% and 25°k of the parking spaces otherwise required in the CB-Sand CB-10 Zones; an addittonaf ]0% of required parking spaces may be provided on-site; however, the fee shall not be reduced. No fewer than 50% of the parking spaces otherwise required for residential uses on the site in all other zones within the Near Sputhside Parking FatTfty District shall be providad,on-site.. ~~ 3 `~3 ' SEGTION II. REPEALER. All ordinances and parts of ordinances in conflict wilh the proof-~sions of this Qrdinance ere hereby repealed. SECTION III, SEVERA9ILITY. ff any section, provision ar 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. SECTfON fV. EFFECTfi/E QATE. This Qrdr~rtanae shall fee irr effect after its final passage, approval and publication. Passed and approved this 22nd day o! Decemgar, 2008. Attest: 7A393 December 31, 2009 O .}`