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Home My WebLink AboutOrdinances 2004 ,~ 1 --= -~... f~"iii~~ ~-';'''Sr~IIDI' .....~ CITY OF IOWA CITY 4 [0 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No, 04-4106 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of January, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 14, 2004, Dated at Iowa City, Iowa, this 13th day of February, 2004, ~ ""\J,,~~. Julie, aril Deputy City Clerk Printer's Fee $ :2 q. (PO CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): Tfv J] {j 0 v j (L{ ;:).(, (', t/ ~~ Legal Clerk Subscribed and sworn to before me this I L!.t-t1day of g t{/I/U.frj ';L A.D. 20 () L( . ' C)7 hA4-R 7Jv:J:J-A/' Notary Public @ ORLENE MAHER Commission Number 715848 My Commission Eltplres .. April 2. 2005 . ~- OFFICIAL PUBLICATION ORDINANCE NO. 04-4106 AN ORDINANCE CHANGING THE ZON. ING DESIGNATION OF APPROXIMATE- lY 1/3 OF AN ACRE FROM PLANNEO HIGH DENSITY RESIDENTIAL (PRM) TO SENSITIVE AREAS OVERLAY PLANNED HIGH DENSITY MUlTI-FAMI- lV ~~IQENTIAl (OSA-PRM), FOR PROPERTY lOCATED AT 512 S. DUBUQUE STREET. WHEREAS, the applicant, University View Partners, has requested that said property be rezoned from Planned H!Qh "Density Residential. (PRM) to Sensitive Areas Overlay Planned High Density Multi-Family Residential (OSA-PRM); and WHEREAS, the applicant l1as also requested approval of a Sensitive Ar~as Oe\Ielopment Plan to allow construction within the previously altered protected slope located on the property; and WHEREAS, the applicant has submit- ted a report prepared by Terracon, a pro~ fessionsl .engineerlng firm, that demon~ strates that development activity will not undermine the stability of the. slope; and WHEREAS, the City Engineer and the Planning and Zoning Commission. have reviewed the Sensitive Areas Development Plan and the associated engineering report; and WHEREAS, the Planning and Zoning Commission has de\efmined that the pfO- posed development activity is consistent with the Sensitive Areas Ordinance; and WHEREAS, the Planning and Zoning Commission recommended approval of the proposed rezoning and Sensitive Areas Development Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, SECTION I. APPROVAL. The property described below is hereby reclassified from its present classifiCation of PRM, Planned High Density Residential to Sensitive Areas Overlay Planned High Density Multi-Family Residential (OBA- PRM) and the associated Sensitive Areas Development Plan is hereby approved. . Lot 7 and the South 10 feet of Lot 8, In Block 9, in that part of Iowa City, Iowa, ,laid off as the County Seat of Johnson County, Iowa, according to the plat thereof record- ed in Book 1, Page 253, Deed Records of Johnson County, Iowa. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the ordinance,. the City Cler.k is hereby authorized and directed to certI- fy a copy of this ordinance arid to record the same, along with approved Sensitive Areas Development Plan, at the office of the C~u~I)'_RecQrder of Johnson County, Iowa, all as proVlceu uy lli~. SECTION IV. REPEALER. All ordi- nanceS andpllltS-oJ ordinancee)I'\ conflict with the pr'OVi-Sitms ot this Ofdlnance are hereby repealed. SEc:rION V. SEVERABILITY. If. any section, provi~sion or part of the Ordinance shall be adjudged to beinvaHd or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, pre- vision or part thereof not adjudged invalid or unconsti-tutional. SECTION VI. EFFECTIVE DATE. This Ordi-nance shall be in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 6th day of January, 2004. s/Emest W. Lehman, Mayor Attest slMarian K. Karr, City Clerk 50412 January 14, 2004 I ~ 1 --= -~... f~"iii~~ ~~~IIDI' .... .. 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. 04-4107 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of January, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 14, 2004. Dated at Iowa City, Iowa, this 13th day of February, 2004, ~ ~,,-o /~\j~~.J Julie, paril Deputy City Clerk - - - Printer~s Fee $ =30.34 CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the following date(s): .~ " ) r; \,~ I "J If j 1'/ lun~ , Y~/A~ Legal Clerk Subscribed and S\\ orn to before me this 1 [{ ~day of '1-1', A ,. U, ^. A.D. 20 () t--!.!' c:f-. Q;i/ 1) OAt 0 ('Y)JJU-.L/ Notary Public tjj ORLENE MAHER Commission Number 715848 My Comml.slon ExpIres April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4107 AN ORDINANCE VACATING A PORTION OF AN ALLEYRIGHT-QF-WAY lOCAT- ED SOUTH OF KIRKWOOD AVENUE AND WEST OF DIANA STREET. WHEREAS, the applicant, Michael Lensing, ,has requested that the City vacate the unbuilt portion of analtey right- of-way located south of Kirkwood Avenue and west of Diana Street; and WHEREAS, the said right-of-way is not used by abutting properties fo(veh;cutar or pedestrian access; and WHEREAS, the City has no plans to develop the right-:of-way for street access; and WHEREAS, il is in the City's interest to vacate and dispose of public right-of-way, or portions thereof, that will not be used for public access; and WHEREAS, the Planning and Zoning Commission recommended vacation 01 this right-ai-way subject to the retention of any necessary utility easements, the con- veyance of the right-of.way being approved concurrently with the approval of the ordinance vacating the alley, and the Inclusion of a curb along the east-west graveled allay to prevent vehicular access from cbmmercial property to Diana Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: Subject to the retention of any necessary utility ease- ments, the conveyance 01 the right-ol-way being . approved concurrently with approval of the ordinance vacating the alley, and the Inclusion 01 a curb along t~e east-west graveled alley to prevent vehIC- ular accesS lrom commercial property to Diana Street, the City 01 Iowa City hereby vacates the right-of-way legally described as follows: . COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUAR- TER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY QF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE WESTERLY ALONG THE CEN. TERLlNE OF KIRKWOOD AVENUE 460'; THENCE SOUTHERLY 35' TO THE NORTHWEST CORNER OF lOT 3, BLOCK 6 OF lUCAS ADDITION; THENCE SOUTHERLY 150' TO THE SOUTHWEST CORNER OF SAID lOT 3, WHICH IS THE POINT OF BEGINNING; THENCE SOUTHERLY 284' ALONG WESTERN BOUNDARY OF ORIGINAL PLATTED ALLEY: THENCE EASTERLY 20' TO THE SOUTHWEST CORNER OF lOT 6, BLOCK.6 OF LUCAS ADDITION; THENCE NORTHERLY 264' ALONG EASTERN BOUNDARY OF SAID ALLEY TO THE NORTHWEST CORNER OF LOT 4, BLOCK 6 OF LUCAS ADDITION; THENCE EASTERLY 50' ALONG THE NORTHERN BOUNDARY OF SAID lOT 4' THENCE NORTHERLY 20' TO THE SOUTHEAST CORNER OF lOT 3, BLOCK 6 OF LUCAS ADDITION; THENCE WESTERLY 70' TO THE POINT OF BEGINNING. SECTION II. REPEALER. All o<<i\. nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. It any section, 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 adjudicated invalid or uncon- stitutional. SECTION IV. EFFECTIVE DATE. This Ordi-nancs shall be in effect after its final passage, approv-a1 and publication, as provided by law. Passed and approved this .6th day of January, 2004. slErnest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 50413 Januay 14, 2004 ,~ 1 --= -~... f~'~~~ ~~~IIDI' ......~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org 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. 04-4108 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of February, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 11, 2004. Dated at Iowa City, Iowa, this 8th day of March, 2004. 'C) ~-"~~~~.~~, Ju ' . Vopanl Deputy City Clerk Printer's Fee $ 39 d-).. CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the r following date(s): ~EbnA. CiJ';) II, ;J-OOY , ?;!~~ Legal Clerk Subscribed and sw~~e this II f1t day of '" A.D. 20 O'-f.' , QJy~~ Notary Public f.ij ORLENE MAHER Commission Number 715848 My Commls.ion Expires April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4108 AN ORDINANCE REZONING 16.1 ACRES FROM RESIDENTIAL FACTO- RY BUilT HOUSING RESIDENTIAL (RFBH) TO PlANNED DEVELOPMENT HOUSING QVERlAY 12 (OPDH-12) AND AN OPOH PLAN FOR PROPERTY lOCATED ON HEINZ ROAD. WHEREAS. the property owner, The Paddock lLC, has requested a rezoning to allow the development of a mix of multi-family townhouse-style and duplex dwellings; and WHEREAS. the Planning and Zoning Commission has found thai the proposed High Density Single-Family (RS-12) zon- ing with a Planned Development Overlay (OPDH-12), provides a transition belWeen the existing Residential Factory- Built Housing (RFBH) and Medium Density Multi-family (RM-20) zone in the area; and WHEREAS. the Planning and Zoning Commission found the proposed RS-12 zoning and OPDH plan to be in confor- mance, with the Comprehensive Plan; and WHEREAS, the Planning and Zoning COmmission has recommended approval of the proposed preliminary OPDH plan, including variations from the underlying RS-12 zoning to allow a mix of multHam- i1y, lownhouse-style and duplex dwellings; 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, 10Wk SECTION I APPROVAL. The property described below is hereby reclassified from its current classification of RFBH to OPOH~12 and the associated pfetimitta(y planned development plan is hereby approved: Lot 7 and Lot 8 and portion of Lot 4 and Lot 6 of Saddlebrook Addition Part 2 to the City of Iowa City as recorded in Plat Book 42 - Pages 246& 247 lying in the W 1/2 NE I/.4 Section 25, T. 79 N., R. 6 W., of the 5th P.M., Johnson County, Iowa, described as follows: + Beginning at the northeast corner of said Lot 7; thence SOO002'21"E . 1038. n feet; thence Sar52'28"W - 3t5.94 feet; thence westerly 378.07 feet along a 960.00 fO()t radius curve concave northerly with a central angle of 22033'53" and a chord of S79002'46'W - 375.64 feet; thence N19040'31"E - 36.65 feet; thence Noo"59'52"W ~ 93.52 feet; thence N06"31 '36"W - 49.83 feet; thence N07"47'OQ"E - 546.33 feet; thence N10"21'31"E - 67.35 feet; thence norther- ly 83.25 feet along a 150.00 foot radius curve concave westerly with a central angle of 31"47'54" and a chord of N04"15'20"W - 82.18 feet; thence N20"09'17'W - 55.60 feet; thence north- easterly 141.71 feet along a 114.00 foot radius curve concave northwesterly with a central angle of 71"13'21" and a chord of N32"5T36"E - 132.76 feet; thence NQ3"20'32"W -193.70 feet; thence north~ - westerly 197.75 feet along a 300.00 foot radius curve concave soulhwestel1y with a central angle of 37"46'03" and a chord of N22"13'43"W - 194.W feet; thence ~lA~~~cE, 159.04 feet; thence N~3"E - 241.00 feet; thence;" S20031'09"E - 47.01 feet; thence S22"26'14"E - 89.62 feet; thence S20"31 '09"E - 75.79 feet; thence soulherly 168.42 feet along a 470.00 foot radius curve concave westerly with a central angle of 20"31 '53~ and a chord of S10"15'12"E . 167.52 feet; thence SOO"00'45"W - 22.34 feet; thence N89"57'39NE - 173.42 feet to the Point of Beginning. Said Parcel contains 16.41 acres. "SECTION" VARIATIONS. A.)The RS-12 requirement that town- houses be located on individual lots is hereby waived to allow the clustering of up to 8 townhouse~slyle dwelling units on lot 4. B.) The RS-12 requirement that duplexes are limited to one building per lot. i~ hereby waived to . allow 9 duplex buildings on Lot 4, 8 duplex buildings on Lot 6, 5 duplex buildings on Lot 7 and 5 dup~x. ~uildings on lot 8. C.) The RS-12 prohibitIon. of multi-family buildings . is hereby waIved to allow 2 8-p1ex bu~dings on Lot 4. SECTION III RFPEAI ER. Allordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SFVERABILlTY. If any. section, provision or part of the Ordinance shalf be adjudged to be invalid or unconstituUonal, such adjudication sha~1 not affect the validity of the C?n:'mance as a whole or any section, pro- VISIon or part thereof not adjudged invalid or unconstitutional. SECTION V EFFECTlVF DATF. This OrdJnance shall be in effect altar its "I final pa$Sage, apProval and publication, as provided by law. Passed and approved this 3rd day of February, 2004. s/Emest W. Lehman, Mayor Anest; slMarian K. Karr, City Clerk 50499 ~ebruary 11, 2004 ,~ 1 -- = -~... f~~~~:t ~~"IIDI' .....,.. 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. 04-4109 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of February, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 11, 2004. Dated at Iowa City, Iowa, this 8th day of March, 2004. ~":D ,~~~g Ju paril "- Deputy City Clerk OFFICiAl PUBLICATION ORDINANCE NO. 04-4109 'ORDINANCE AMENDING TITLE 14, ENTI1LED "UNIAED DEVELOPMENT CODE", CHAPTER 4, ENTITLED "lAND CONTROL AND DEVELOP- MENT", ARnclE C, ENTITLED "HIS- TORIC PRESERVATION REGULA- TIONS", TO ADD CERTAIN PROV~ SIONS TO SECTION 4, ENTITLED "RULES OF THE COMMISSION" AND CERTAIN PROVISIONS TO SECTION 7, ENTITLED "APPUCA11ONS FOR CER. TIFICATES OF APPROPRIATENESS", IN ORDER TO AllOW FOR THE APPQINTMENT OF A HISTORIC PRESERVATION DESIGN REVIEW SUBCOMMmEE TO REVIEW APPU- CATIONS FOR CERTIFICATES OF APPROPRIATENESS. WHEREAS, the Historic Preservation Commission and City Council wish to provide for the estabfish- ment of an historic preservation deSign review subcommittee to review applica- tions for certificates of appropriateness and make recommendations to the Historic Preservation Commission; and, WHEREAS, it is in the public Inter- est to provide for careful review and con- sideration of such applications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I AMFNDMENT, City Code Title 14, entitled "Unified Development Code", Chapter 4. entitled "Land Control and Devetopmenr, Artide C, entitled uHisloric Preservation Regulations", Section 4. entitled "Rules of the Commission", sub-section C, is her&- by amended to add the following: The Commission shall have the authority to establish an historic preser~ vation design review subcommittee to review and make recommendations to the Commission regarding applications for certificates of appropriateness. Said subcommittee shall consist of three members of the Commission, appointed annually by the Commission. SECTION II AMENDMENT. City Code Title 14, entitled ~Unified Development Code", Chapter 4, entitled "Land Control and Developmenr. Article C, entitled "Historic Preservation Regulations". Section 7, entitled "Applications tor Certificates of Appropriateness..... sub-section'~ hereby amended to add the following: If an historic preservation design review subcommittee- has been estab~ Iished by the Commission. the Commission shall immediately transmit the application and accompanying plans and other information. to said subcommit- tee. The historic preservation design review subcommittee shall, within a rea- sonable time, give written notice to the applicant, hold a meeting to review and consider the application and its compli- ance with the guidelines established by law and this Article, and make a recom- mendation regarding the application to the Commission. SECTION III REPEALER. All ordi- nancesand pants of ordlnanc8SJn~ - with the provisions of this Ordinance are hereby repealed. SECTION IV F>FVERABIlITY, If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affecl the validity of the Ordinance as a whole or any section, pro- vision or part thereot not adjudged invalid or unconstitutional. SECTION V F-FFECTIVF r1ATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of February, 2004. $/Ernest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk Printer's Fee $ ;2.O[.LPu CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the , following date(s): .&.In 'w U vd I J, 'd-DOi / 7-/lk Legal Clerk Subscribed and sworn to before me this I J~ dayofsre.1oruQ v'f A.D. 20..tt.:f-. G,20AW 1rvv~ Notary Public @ ORLENE MAHER Commie.ion Number 715848 My Comminlon ExpJres .. April 2, 2005 50500 February 11, 2004 ,~ 1 --= _..#>>!t ...--~.... ... f~'~~ -<';;~~IIDI' ........ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240~1826 (319) 356-5000 (319) 356.5009 FAX www.icgov.org 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. 04-4110 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of February, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 13, 2004, Dated at Iowa City, Iowa, this 8th day of March, 2004, ~~.~~~~~ Jul paril '-' Deputy City Clerk ~,O'-\,- '-1:\\0 Printer.s Fee $ ;).15,3'" CERTIFICATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): .('-e.LJ y u 0 v J H, d-r)()i./ YALs, Legal Clerk Subscribed and sworn to before me thiS 13H. day of F.JyU.u,~ A.D, 20 I) '-I ' QA YOLAP f}uJ~ Notary Public ~.. f ~ .. ORLENE MAHER Commls.ion Number 715848 My Commission expires April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4110 AN ORDINANCE REZONING APPROXI- MATELY 119.94 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY, IOAS, AND INTERIM DEVELOPMENT MULTI. FAMILY, IORM, TO PLANNED DEVEL- OPMENT HOUSING OVERLAY - SIN- GLE-FAMILY RESIDENTIAL. OPDH-5, SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST OF GilBERT STREET. WHEREAS, Southgate Development has applied for a rezoning to Planned Development Housing Overlay - Single-Family Residential, ODPH-5, for 119.94 acres of property located south of Pepperwood Addition, east of Gilbert Street. in.conjunction with an application for a Preliminary Plat and Sensitive Areas SUe Plan 01 Sandhill Estates, a 379-lot residential subdivision; and' WHEREAS, the adopted South Qlstrict Plan states the predomi- nant land use in the part 01 the city will be slllClfe-1amily residential, and one 01 the ~s of the Comprehensive Plan is. to develop neighborhoods with smaller lots and more common open space; and WHEREAS, the proposed Sandhill Estates plan is a single.family residential development with smaller lots al1d an approximate 17 acre area 01 open space; and WHEREAS, the Planning and Zoning Commission has reviewed 1I1e proposed rezoning and Preliminary Plat and has recommended approval subject to certain conditions related to access, -W ~ypropriate design and layout 01 houses Oft smaller lots in order to main-- tain a residential appearance in the neighborhood; and WHEREAS, Iowa Code Section 414.5 (2003) provides that the City 01 Iowa City, on granting an appli- cant's rezoning request, may impose cer- tain conditions over and above existing regulations in order to satisfy public needs directly caused by the reasoning request; and WHEREAS, the South District Plan states that "as housing den- sity Increases and tot sizes are reduced, attention will need to be paid to design issues, such as garage and driveway locations; to ensure that new neighbor- tIoods are attractive and livable; and WHEREAS, the Planning and Zoning Commission has recommended a Conditional Zoning Agreement to ensure the above-reference comprehensive plan policies are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION L APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein, the prop- erty described is hereby reclassified from Interim . Development Single-Family, IORS, and Interim Development Mutti~ FamIly, lOAM. to Planned Development Housmg Overlay -Single-Family Residential, OPDH-5: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF ,IOWA CITY, JOHN- SON COUNTY, IOWA; THENCE SB8"23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE.QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52043'16"W, 350.30 FEET; THENCE NORTHWEST- ERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61.45'35"W; THENCE N21'01'13"E, 56.59 FEET; THENCE N52*43'16"W. 4~- FEET; THENCE N11.0S'50"W, 158.60 FEET; THENCE N52*43'16"W, 432.68 FEET; THENCE N25'Olr58"W, 26,81 FEET; THENCE NORTHWESTER- j LY 66.88 FEET, ALONG AN ARC OF A 60,00 FOOT RADIUS CURVE, CON. CAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS NB7'51'31"W; THENCE N60'42'05"W, - 5.34 FEET; THENCE NC1*41'35~W; 204.14 FEET; THENCE S60"42'05"E, 748-,28 FEET; THENCE N17*22'29"E, '242.32 FEET; THENCE NSO"21'43"E, 38.20 FEET; THENCE N60*25'38.W, 322,36 FEET; THENCE N48006'37''W, 217,98 FEET; THENCE N23'34'36"W, 254.77 FEET; THENCE N01"50'58'W, 174,62 FEET; THENCE Naa"09'02"E, 123.42 FEET; THENCE N03'13'36"E, 40,16 FEET; THENCE S88"09'02"W, 369.66 FEET; THENCE N01*41'3S"W, 728.Q? fEET, TO THE SOUTHWEST CORtlER OF lOT 206 OF PEPPER. WOOD ADDITION, PART 11, ACCORD- ING TO THE RECORDED PLAT THERE- QF;THENCE Naa"08'13"E, ALOOG THE SOUTHERLY LINE OF SAID PEPPER- ~N' PAIIT11.ANO.A1.SO..- "0- \ ~ 3 ALONG 'THE SOUTHERLY LINE OF PEPPERWOOD ADDITIONS. PART 7 PART 3 AND PART 2, A DISTANCE OF 1520.66 FEET TO THE EAST ONE- QUARTER CORNER OF SAID SEC- TION 22; THENCE N88*07'03"E, ALONG THE SOUTHERLY LINE OF SAID PEp. PERWOOD ADDITION ~ PART 2, A DIS- TANCE OF 280.60 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 95121 AS RECORDED IN PLAT BOOK 36 AT PAGE 81 'N SAID RECORDER'S RECORDS; THENCE S01002'57"E, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEl, 1120.00 FEET; THENCE N87'49'06"E, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 945.00 FEET TO THe SOUTH- EAST CORNER OF SAID AUDITOR'S PARCEL; THENCE S01.03'50"E, 586.43 FEET TO THE NORTHWEST CORNER OF LOT 73, SOUTH POINTE ADDITION, PARTS 1-6 AS RECORDED IN PLAT BOOK 33 AT PAGE 312 IN SAID RECORDER'S RECORDS; THENCE S01 *06~4"E, ALONG THE WEST LINE OF SAID SOUTH POINTE ADDITION 930,10 FEET TO THE SOUTHWEST CORNER OF lOT so OF SAID SOUTH POINTE ADDITION; THENCE S87"45'02"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT OF BEGINNING, CONTAINING 114.70 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M.. CITY OF laNA CITY, JOHN. SON COUNTY, IOWA; THENCE S88*23'31.W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT lOT 4, ALL IN SAID SECTtoN 22, A DISTANCE OF 36.53 FEET; THENCE N52043'16"W 350.30 FEET; THENCE NORTHWEST~ ERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61'45'35"W; THENCE N2J'01'13"E, 56.59 FEET; THENCE N52.43'16"W 449.64 FEET; THENCE N71*05'50"W' 158.60 FEET; THENCE NS2*43'16"W' 432.68 FEET; THENCE N2S"OO'58"W: 26.81 FEET; THENCE NORTHWESTER- LY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CON. CAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87~51'31~W; THENCE N60*42'05"W, 5.34 FEET, TO THE POINT OF BEGIN~ NING; THENCE CONT1NUEING N60"42'OS"W, 11.46 FEET; THENCE NORTHWESTERLY 5462 FEET ALONG AN ARC OF A '60.00 FOoT RADIUS CURVE, CONCAVE NORTH- . EASTERLY, WHOSE 52.76 FOOT CHORD BEARS N34"37'12"W; THENC~ N52"43'16"W, S05.58 FEET; THENCE N8S"18'26"E, 212.43 FEET; THENce':! S60*42'OS-E; 74.23 FEET; THENCE S01.41'35"E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF. lAND CONTAINS 0.70 ACRE, AND IS SUBJECT TO EASE~ MENTS ANO ResTRICTIONS OF RECQAO. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22. TOWNSHIP 79 NORTIi. flANGE 8 WEST OF THE 5TH P.M.. CITY OF IOWA CITY, JOHN. SON COUNTY, IOWA; THENCE Saa"23'31 "W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT lOT 4, All IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52043'16"W, 350.SO FEET; THENCE NORTHWEST. ERl Y 328,12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE. ~ b'+- 4\(() ~ CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61*45'35"W; THENCE N21.01'13"E. 56.59 FEET; THENCE N52*43'1S"W, 449.64 FEET; THENCE N71"05'5O"W, 158.60 FEET; THENCE N52"43'16''W, 432.68 FEET; THENCE N2S*OO'58"W, 26.8' FEET; THENCE NORTHWESTER- lV 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CON- CAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87*51'31"W; THENCE N60'"42'05"W, 5.34 FEET; THENCE N01*41'35"W, 204.14 FEET; THENCE 560'*42'05"E, 748.28 FEET; THENCE N17*22'29"E, 242.32 FEET; THENCE N3O"21 '43"E, 38.20 FEET; THENCE N60"25'38"W, 322.36 FEET; THENCE N48"08'37"W, 217.98 FEET; THENCE N23"34'36"W, 254.77 FEET; THENCE N01*SO'58"W, 174.62 FEET; THENCE N88*09'02"E. 123.42 FEET; THENCE Nll3"13'38"E, 40.16 F.ET; THENCE S86"09'02"W, 389.66 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING S88'09'03"W, 68.37 FEET; THENCE N53*41 '50"W, 288.80 FEET TO THE SOUTHEAST CORNER OF A PLAT OF SURVEY OF A 10.0 ACRE TRACT RECORDED IN PLAT BOOK 13 AT PAGE 61 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N02*43'14"W, ALONG THE EAST LINE QF SAID TRACT, 549.60 FEET TO THE BotIl'HWEST CORNER OF LOT 184 OF PEPPERWooD ADDI- TION, PART 9, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88"08'13"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWooD ADDI- TION . PART 9, A DISTANCE OF 305.82 FEET; THENCE S01.41'35~E, 728.02 FEET. TO THE POINT OF BEGINNING, CONTAINING 4.54 ACRES AND 'SUB~ JEer TO EASEMENTS AND RESTRIC~ OONS-OF~RD.. SECTION II. VARIATIONS. To encourage the development of smaller lots and larger common open space, the Sandhill Estate Planned Development contains lots with narrower frontages and smaDer 101 sizes thanwoukl nCM'maltybe permitted In the low-density sklgle-family zone. With approval of the OPOH.S zon- ing designation and Sandhill Estates pre- '~,!'~-"'doo!!!.~be 89 con mtng ols. ---- SECTION III. ZQNING MAP. The Building Inspector is hereby author- Ized and directed to change the Zoning Map of the City of Iowa City, Iowa, to con- form to this amendment upon final pas- sage, approval, and publication of this Ordinance as provided by law. SECTION IV. CONDITIONAL ZONI~ AGREEMENT. Following final passage and approval 01 this ordinance, the Mayor is hereby author:@ed and directed to sign. and the City Clerk to anast, the Conditional Zoning Agreement between the property owners and appli- cant of the Sandhill Estates property requested for rezoning and subdivision. SECTION V. CERTIFICA- TION AND RECORDING. The City Clerk is hereby authorized and directed to cer- tify a copy of this Ordinance and the Conditional Zoning Agreement and 10 record same in the Johnson COUnty Recorder's Office at the applicant's expense upon passage and approval of this Ordinance. SECTION VI. REPEALER. All ordinances and parts of ordinances In conflict with the proviSion of this Ordinance are hereby repealed. SECTION VII. SEVERABILI- TY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, pro- vision or part thereof not adjudicated ~~r_~n~~bJtional that the new neighborhoods are attractive and livable6; and WHEREAS, Iowa Code ~ 414.S (2003) provides that the City of Iowa City. may impose reasonable condiOOns on grlinti- ng an appllcant's rezoning request, 'Over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is in general accordance with the principjes of the South District P1an and Comprehensive Plan; and WHEREAS, Owner and Applicant agree to use this property In accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein the Parties agree as follows; , 1. SG & M Properties is the owner and tiUe holder and Southgate Development is the applicant lor a rezoning of the prop- erty legalty described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHN- SON COUNTY, IOWA; THENCE S88oo23'31"W ALONG THE SOUTH I.INE OF THE SOUTHEAST ONE. QUARTER AND GOVERNMENT LOT 4 ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET;THENCE N52a043'16"W 350.30 FEET; THENCE NORTHWEST~ ERLY328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61GG4S'35"W;THENCE N210001'13"E 56.59 FEET; THENCE N52"'43'16"W' 449.64 FEET; THENCE N71<005'50"W' 158.60 FEET; THENCE N52<043'16''W' A3.2Jl8 EEeIJl:lENCE N25o>OO'58"W: SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and pUb- lication, as provided by law. Passed and approved this Sth day of February, 2004. s/Ernest W. Lehman, Mayor Attest slMarian K. Karr, City Clerk CONDITIONAl ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal cor. poralion (hereinafter -City"), and SG & M Properties, LLC. (hereinafter "OWner") and Southgate Development (hereinafter .Applk:ant"); and WHEREAS, Owner is the legal title hold. er of approximately 119.94 acres of prop- erty located south of Pepperwood Addition and east of Gilbert Street; and WHEREAS. the Applicant and Owner have requested the rezoning of the approximately 119.94-acre property from Interim Development Single Family, IDRS, and Interim Development Multifamily (IDRM) to Planned Development HousIng-Single Family Residential, OPDH.S, in conjunction with the Preliminary Plat and Sensitive Areas Site Plan of SandhUI Estates, a 379-lot single family subdivision; and 'WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding access the design of structures on narrow tot$ with alley access, and the size and place- ment of garages on lots less than 60 feet wide without aBey access, the proposed rezoning is in conformance with the South District Plan, which is part of the Comprehensive Plan; and WHEREAS. the South District Plan states that "as housing density increases and lot sizes are reduced, attention will need to be paid to design issues, such as garage and driveway location, to assure \25 d, ~3 2ll.81 FEET;THENCE NORTHWESTER. lY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CON. CAVE NORTHEASTERLY, WHOSE 54. n FOOT CHORD BEARS N87OOS1'31"W; THENCE N600042'05"W, 5.34 FEET, TO THE POINT OF BEGIN- NING; THENCE CONTINUEING N6Ooo42'OS.W, 11.46 FEET; THENCE NORTHWESTERLY 54.62 FEET ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTH. EASTERLY, WHOSE 52.76 FOOT CHORD BEARS N340037'12"W; THENCE N52w43'16"W, 305.58 FEET; THENCE NSe0018'26"E, 212,43 FEET; THENCE S600042'05"E, 74.23 FEET; THENCE S010041'356E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.70 ACRE, AND IS SUBJECT TO EASE. MENTS AND RESTRICTIONS OF RECORD. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, .TOWNSHIP 7il NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHN. SON COUNTY, IOWA; THENCE S8Boo23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE- QUARTER AND GOVERNMENT lOT 4 ALL IN SAID SECTION 22, A DISTANCE OF 38.53 FEET;THENCE N52<043'16"W, 350.30 FEET; THENCE NORTHWEST. ERlY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE d~AVE SOUTHWESTERLY, WHOSE 3l!ll;n FOOT CHoRD BEARS N610045'35'W; THENCE N210001'13"E, 56.59 FEET; THENCE N52<043'16'W 449.64 FEET; THENCE N710005'5O"W: 158.60 FEET; THENCE N52w43'16'W, 432.68 FEET; THENCE N2500()()'58"W, 2ll,81 FEET; THENCE; NORTHWESTER. lY 58.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CON- CAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS NB71lO51'31"W; THENCE N6Qa042'OS"W, S.34 FEET; THENCE N01e>>41'35"W 204.14 FEET; THENCE S60GG42'056E' 748.28 FEET; THENCE N1711l22'29"E: 242.32 FEET; THENCE N300021'43"E 38.20 FEET; THENCE N6Qco2S'3S.W' 322.36 FEET; THENCE N480008'37"W: 217.98 FEET; THENCE N2Soo34'38"W 254.77 FEET; THENCE N01OO50'SB"W' 174,62 FEET; THENCE N880009'02"E: 123.42 FEET; THENCE NOSoo13'38"E 40.16 FEET; THENCE S880009'02"W' 389.86 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING S880009'03"W, 68.37 FEET; THENCE NS30041'50'W, 288.80 FEET TO THE SOUTHEAST CORNER OF A PLAT OF SURVEY OF A 10.0 ACRE TRACT RECORDED IN PLAT BOOK 13 AT PAGE 61 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER' THENCE N020043'14''W, ALONG THE EAST LINE OF SAID TRACT, 549.60 FEET TO THE SOUTHWEST CORNER OF lOT 184 OF PEPPERWOOD ADDI. TION, PART 9, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N880008'13"E, ALONG THE SOUTHER. lY LINE OF SAID PEPPERWOOD ADD!. TlON . PART 9, A DISTANCE OF 305.82 FEET; THENCE S010041'35"E, 728.02 FEET, TO THE POINT OF BEGINNING CONTAINING 4.54 ACRES AND SUB: JECT TO EASEMENTS AND RESTRIC. TIONS OF RECORD. BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE STH P.M., CITY OF IOWA CITY, JOHN- SON COUNTY, IOWA; THENCE S8823'31 "W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52"'43"8"W 350,30 FEET; THENCE NORTHWEST: ERlY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT _RADIUS_CU~VE, ~. 0'-\- '-+\\'0 CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61e>>45'35"W; THENCE N2100()1'13"E, 56.59 FEET; THENCE N520043'16'W, 449.64 FEET; THENCE N71<<(}5'SO''W, 158.60 FEET; THENCE N520D43'16"W, 432,68 FEET; THENCE N250000'58''W, 26.81 FEET;THENCE NORTHWESTER- lY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CON- CAVE NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N870051'31OW; THENCE N6Qoo42'05"W, 5.34 FEET; THENCE N01ClD41'35"W, 204.14 FEET; THENCE SSQ0042'05"E, 748.28 FEET; THENCE N17<>>22'29"E, 242.32 FEET; THENCE N3()0021'43"E, 38.20 FEET; THENCE NSOoo25'38"W, 322.36 FEET; THENCE N480008'37"W, 217.98 FEET; THENCE N230034'36"W, 254.77 FEET; THENCE N010050'58'W, 174.62 FEET; THENCE N880009'02"E, , 23.42 FEET; THENCE N03lD13'36"E, 40.16 FEET; THENCE SS8o;IQ9'02"W. 369.66 FEET; THENCE N01a041'35"W. 728.02 FEET, TO THE SOUTHWEST A. A separate left-turn lane on Gilbert Street 101 southbound to east- bound traffic must be constructed before more than 25 units are constructed. This can be added to the existing roadway as a temporary feature, or can be construct- ed as part of the permanent improve. ments Including a four-lane PCC roadway with IefHurn lane. B. Vehicular access to lots 161- 204, 304-330 shall be from the. alley. C. The design of the homes on lots 161-204, 304-330 shall be subject to Planning and Zoning Commission approval, along wtth the final plat, accord- ing to the Iollowing criteria: i. A variety of taoades and vari- ation on rooflines, such as the use of gable and hip roofs, to minimize a "cook. ie cuUer" appearance and a dlflerent fayade at least every third l,Init is required. ii. The sidewalls of lots 161. 177,178,190,191,204,304,316,317, and 330 that face the street, should include elements of the front fa9ade. iii. Front porches that are at least six feet in depth shall be included. iv. Slightly staggered footprints, also to avoid a monotonous appearance are required. v. Ten feet between buildings to meet normal setback requirements between buildings is required, and to allow for eaves or overhands at the side of buildings. vi. Planning and Zoning Commission review of the building eleva- tions and footprints as a condition of approval of the linal plat is required. D. For lots less than 60 feet in lot width with no alley access, the Iront yard set~ back shall be 25 feet. 4. The Owner. . Applicant and City acknowledge that the conditions con- tained herein are reasonable conditions to impose on the land under Iowa Code ~14:5 (2003). and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is translerred, sold, redevel- oped, or subdivided, atl 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 the title to this land. and shall remain in lull force and effect as a covenant with title to the land.. unless or until released of record by the City of klwaCity. The Parties further acknowledge that this agreement shall inure to the benefit of and bind all successors. representatives, and assigns 01 the Parties. CORNER OF LOT 206 OF PEPPER- WOOD ADDITION, PART 11, ACCORD- ING TO THE RECORDED PLATTHERE- OF; THENCE N8Boo08'13"E, ALONG THE SOUTHERLY LINE OF SAID PEP- PERWOOD ADDITION - PART 11 AND ALSO ALONG THE SOUTHERLY LINE OF PEPPERWOOD ADDITIONS. PART 7, PART 3 AND PART 2, A DISTANCE OF 1520.88 FEET TO THE EAST ONE- QUARTER CORNER OF SAID SEC- TION 22; THENCE N8Soo07'03"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOQO ADDITION - PART 2, A DISTANCE OF 280.60 FEET TO THE NORTHWEST CORNER OF AUDI. TOR'S PARCEL 95121 AS RECORDED IN PLAT BOOK 36 AT PAGE 81 IN SAID RECORDER'S RECORDS; THENCE SOl""'2'57"E, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL. 1120_00 FEET; THENCE N870049'06"E, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 945.00 FEET TO THE SOUTH- EAST CORNER OF SAID AUDITOR'S PARCEl;THENCE S010000'SO"E, 686,43 FEET TO THE NORTHWEST CORNER OF lOT 73, SOUTH POINTE ADDITION, PARTS H AS RECORDED IN PLAT BOOK 33 AT PAGE 312 IN SAID RECORDER'S RECORDS; THENCE S010006'34"E, ALONG THE WEST LINE OF SAID SOlJTH POtNTE ADDITION, 930.10 FEET, TO THE SOlJTHWEST CORNER OF LOT 30 OF SAID SOlJTH POINTE ADDITION; THENCE SB7OO45'02"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE- QUARTER OF SECTION 23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT OF BEGINNING. CONTAINING 114.70 ACRES AND SUB- JECT TO EASEMENTS AND RESTRIC- TIONS OF RECORD. 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all applica- ble local, state, and federal regulations. B. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adop- tion and publication of Ihe ordinance, this agreement shall be. recorded in the Johnson County Recorder's Office at the Appllcant's expense. Dated this 5th day of February. 2004. SG & M PROPERTIES CITY OF IOWA CITY By: SOUTHGATE DEVELOPMENT COMPANY, INC. By: slMyles N. Braverman, President By:, slErnest W. Lehman, 2. Owner and Applicant _ acknowledge that the City wishes to ensure appropriate residential develop- ment that generaHy conforms to the prin- ciples of the Comprehensive Plan and South District Plan. Further, the parties acknowledge that Jawa Code ~ 414.5 (2003) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to Satisfy publiC needs caused by the requested ch8l'lge, including provi- sions lor adequate infrastructure neces- sary to support urban development. Therefore, Owner and Applicant agree to certain conditions over and above City regulations as detailed below. Mayor 3. In consideration of the CIty's rezoning the subject property. Owner and Applicant agree that development of the subject property will conform to aU other requirements of the zoning chapter, as welLas th~Jollo~~nditions: SOUTHGATE DEVELOPMENT By: slMyles N. Braverman, President Attest: slMarlan K Karr, City Clerk 50501 February 13, 2004 '?:J.3,\3 ,~ 1 --= -.A!t --~....... f~'w~ ~ ~~~IIDI' ~~ CITY OF IOWA CITY 4 [0 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.lcgov.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. 04-4111 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of February, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 25th, 2004. Dated at Iowa City, Iowa, this 8th day of March, 2004. ~Q \c~~,,~ Julie . paril Deputy City Clerk Printer9s Fee $ L/),'1 ~ CERTIFICATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): .&1,u"q vel :} ,:!. ;)QoV ~~ Legal Clerk Su?scribed and sw9JTl to b.efore me this (:;( ~ ~ay of t- -il,^,,-,~ A.D. 20 ') , O~~ Notary Public ~". f l 0" ORLENE MAHER Commission Number 715848 My Commission Expires April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO, 04-4111 AN ORDINANCE REZONING 'APPROXI- MATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH1, TO SENSITIVE AREAS OVERLAY, SAO/CH1, FOR PROPERTY lOCATED WEST OF MOR. MON TREK BOULEVARD AND SOUTH OF HIGHWAY ,. WHEREAS, James R. Davis has applied for a preliminary plat of JJR Davis Addition, an approximate 26.98 acre, 8- lot commercial subdivision located west of Mormon Trek Boulevard and south of Highway 1; and WHEREAS, because weUands exist on the property and the property owner has proposed disturbing the wetlands, a Sensitive Areas Overlay rezoning is required; and WHEREAS, the applicant has submitted a Compensatory Mitigation Plan which proposes replacing the wetlands pro. posed to be disturbed with created wet- lands at a ratio greater than 1:1; and WHEREAS, the applicant has proposed to reduce the required buffers around the wetlands a.nd to take advantage of the buffer averaging provisions, as is permit- ted, jn the Sensitive Areas Ordinance; and WHEREAS, the Compensatory Mitigation Plan- I 'a;:. a1bu -oeen---submitted nr The . tMlNd. States Army Corps of Engineers in order to obtain appropriate federal per- mits related to disturbing wetlands; and WHEREAS, the Planning and .Zoning Commission has reviewed the Sensitive Areas Development Plan, Compensatory Mitigation Plan and proposed wetland buffer averaging and reductions, and has recommended approval, subject to United States Army Corps of Engineers' approval of the Compensatory Mitigation Plan. NOW. THEREFORE, BE IT ORDANED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: S~CTION I. APPROVAL: The property described below is hereby reclassified from its current designation of Highway Commercial, CH1, to Sensitive Areas Overlay, OSAlCH1, and the associated Sensitive Areas Development Plan and Compensatory Mitigation Plan are hereby approved: Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89!l55'42'W, along the North Une. of the Southeast Quarter of said Section 20, a distance of 1008.23 feet to the POINT OF BEGINNING; Thence Southeasterly, 24.28 feet, along a 450.00 foot radius curve concave Northeasterly, whose 24.28 foot chord bears S171l53'32"E; Thence Southeasterly, 1575.96 feet, along a 1850.00 foot radius curve, concave Northeasterly, whose 1528.74 foot chord bears S40!l45'03"E; Thence S()O!lOS'54'W, 43.341eet; Thence S89"'58'36"W, 1360.64 feet, to a Point on the Easterly Right-of-Way Line of Primary Road No_518; Thence N11!l39'22"W, along said Right-of-Way Line 367.90 feet; Thence N41!l27'4O"W, along said Rjght~ of.Way Line, 157.58 feet: Thence N111127'40"W, along said Une, 556.10 feet. to its intersection with the Southerly Right-of.Way Line of Iowa Highway Number 1; ThenCe N34!l54'32"E, along said Right-ol-Way Line, 245.30 feet; Thence N40202'41"E, along said Right- of-Way line, 181.03 feet; Thence N31!121'Q9"E, along said Right-of-Way line, 140~66 feet; Thence N47!2Q8'12"E, along said Right-of-Way line, 54.15 feet: Thence S49!!45'28"E, 210.60 feet; Thence S02g33'29'W, 3.66 feet: Thence Southeasterly, 75.58 feet, along a 940.00 foot radius curve, concave Southwesterly, whose 75.56 foot chord bears S45!!'52'07"E; Thence S20!l27'03"E, 31.29 feet; ThenceS3~39'47"W, 88.67 feet, to the Point of Beginning. Said Tract ll11and-Cfontai~_ aclil;':~bI' less, and is subject tt) eaSements and restrictions of record. SECTION II ZONING MAP. The Building Inspector is hereby authorized and . directed to change the zoning map of the City of Iowa City, Iowa, to conform to thIs amendment upon the final passage, approval and publication of this ordinance by law. SECTION. III CERTIFICATION ANI') RECORDlNrli. Upon passage arid approval of the Ordinance, and after exe- cution of the Compensatory Mitigation Plan, the City Clerk Is hereby authorized and directed 10 certify a copy of this ordi- nance and the Compensatory Mitigation Plan and to record the same, along with the approved Sensitive Areas Development Plan, at the office. of the County Recorder of Johnson County, Iowa, at the owner's expense, all as pro- vided by law. SECTION IV REPEAl FA. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVFRABILlTV. If any sec- tion, provision or part of the Ordmance 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. SFCTION VI FFFECTIVF- DATE. This Ordinance shall be in etfet1: after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of February, 2004. slRoss Wilburn, Mayor Pro tem Attest: slMarian K. Karr, City Clerk 55155 February 25, 2004 ,~ 1 --= -~... f~iii~~~ ~-';''''''''~IIDI'' .......~ 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. 04-4112 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of March, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 10th, 2004. Dated at Iowa City, Iowa, this 6th day of April, 2004. ~\<-\\ ~ (_,"~ '-\\~J~'\) ju ' . Voparil ~ Deputy City Clerk . Printer9s Fee S c;l5 00 CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the follOwing date(s): J'vI,(l v L ~ 10) ~no'i ~~ Legal Clerk Subscribed and sworn to before me this Ul...!:::h.-day of l.fy\ r.. . fh ) A.D, 20~, Q),Yn~ j~ Notary Public f.I:! ORLENE MAHER Commi..ton Number 715848 My Commi..lon ExpI.... .. AprIl 2, 2005 . OFFICIAL PUBLICATION ORDINANCE NO, 04-4112 AN ORDINANCE REZONING APPROX~ MATElY 1,26 ACRES OF PROPERTY FROM CENTRAL BUSINESS SUPPORT ZONE (CB-5) TO PUBllCICENTRAl BUSINESS SUPPORT ZONE (PICB-5) FOR THE EAST HALF OF BLOCK 102, EXCLUDING 301 SOUTH DUBUQUE STREET. WHEREAS, Section 14-61-1 of the Iowa City zoning ordinance requires that land owned by a government. entity shall be - -roned P, PubMc; and WHEREAS, the City of Iowa City is the owner and' title holder of approximately 1.26 acres of property located on the east half of block 102, excluding 301 South Dubuque Street; and WHEREAS, the City of Iowa City has initi- ated the rezoning of the said property from C8-5, Central Business Support, to P/CS-5, Public/Central Business Support; and WHEREAS, a portion of the property will be leased for commercial uses consistent with the CB-5 zone; and WHEREAS, the PICB-5zoning classifica- tion is consistent with the zoning claSsifi- cations of properties owned by the Federal government, the Stale, the County, the City, and all political subdivi. siens thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAl The property described below is hereby reclassified from its current designation of Central Business Support (CB-5) to PubUclCentral Business Support (P/CB- 5), All of Lot 4, Block 102, and the South 28 feet of Lot 3, Block 102; Lot 1, except the north 37 feet of the east 55 feet, and the north 29 feet of Lot 2, Block 102; and the south 51 feet of Lot 2 and the north 52 feet of Lot"3, Block 102, Original Town, Iowa City, Johnson County" Iowa, according to the recorded plat thereof. SECTION II. 70NING MAP. The Building Inspector is hereby authorized and directed to change the zoning map 01 the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and pUblication of this Ordinance by law. - SECTION HI CERTIFICATION ANn RECORDING The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the office of the county recorder of Johnson County, Iowa, upon final pas- sage and publication as provided by law. SECTION IV RFPEAI FR All ordi- nances and parts of ordinances in conflict with the prOVision of this Ordinance are hereby repealed. SECTION V !=iEVFRARILlTY If any sec- . lion, provision or part of this Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTI()N VI EFFECTIVF. DATE This Ordinance shall be in effect after its final passage, . approval and publication, as required by law. PaSSed and approved this 2nd day of March, 2004. s1Ernest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 55256 March 10, 2004 ,~ 1 --= -....!t -~....... f~~!S ~ ~";'''''f'''~IIDI' ......~ CITY OF IOWA CiTY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356.5009 FAX www.icgov.org 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. 04-4113 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of March, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 10th, 2004. Dated at Iowa City, Iowa, this 6th day of April, 2004. ~~~ ;~ Ju I oparil ~ "---- Deputy City Clerk . Printer9s Fee S ;)5 I&> CERflFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): JiJ 0. vi G. In :J....()()4 / ~L , ~ Legal Clerk Subscribed and sworn to before me this /0 HL day of LfJ;1 ('1 ,(,J...; A.D, 20 () 1...-( el~A-e 7~ Notary Public !j) ORLENE MAHER Commis.1on Number 715848 My Commi.slon Expl.... .0." April 2, 2005 - ~ , UFFICIAL PUBLICATION ORDINANCE NO. 04-4113 AN ORDINANCE VACATING A POR- TION OF THE RIGHT-oF.WAY LOCAT, ED ADJACENT TO 425 BELDON AVENUE. WHEREAS. the City of Iowa City ha.s initiated the vacation of a 184 square foot portion of the right-<Jf-way located to the north of Beldon Avenue; and WHEREAS, the said right-at-way is not necessary for public use; and WHEREAS, the City has no plans to develop the righl-of-way for street access; and WHEREAS, it is in the City's interest to vacate this area to allow it to be traded for land needed for right-of-way at the intersection of Beldon Avenue and Grove Street; and WHEREAS, the Planning and Zoning Commission recommended vaca- tion of this right-of-way subject to the retention of any necessary utility ease- ments and the conveyance of the right-of- way being appl'OV9d concurrently with the approval of the ordinance vacating the alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, ICYWA: SECTION I VACATION: Subject to the retention of any. necessary utility easements, and the conveyance of the right-of-way being approved concurrently with apprOVal of the ordinance vacating the alley, the City of Iowa City hereby vacales the right-of-way legally described as follows: THE ALLEY lYING ADJACENT TO LOT 8. BLOCK 2 OF MANVILLE HEIGHTS ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA. COM. MENCING AS A POINT OF REFER. ENCE AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH 89'24' WEST 22.B FEET ALONG THE NORTH lQT LINE OF SAID lOT 8 TO THE POINT OF BEGINNING; THENCE CON. TINUING SOUTH 89'24' WEST 126.9 FEET ALONG THE SAID NORTH .LINE TO THE NORTHWEST CORNER OF SAI D LOT B; THENCE NORTH 0'05' EAST 2.9 FEET ALONG THE WEST LINE OF SAID LOT 8 EXTENDING NORTHERLY; THENCE SOUTH 89'1 r EAST 126.9 FEET TO THE POINT OF BEGINNING AND CONTAINING .0042 ACRES AND SUBJECT TO EASE- MENTS AND RESTRICTIONS OF RECORD. SECTION II RFPEALER; All ordi- nances and parts of ordinances in cQ'nflict with the provisions of this Ordinance are hereby repealed. SECTION III SEVERARIl ITY: If any section, provision or part of the Ordinances shall be adjudged to be invalid or unconstitutional, such adjudica- tion shall not affect the vandity of the Ordinance as a whole or any section, pro- vision or part thereof not adjudicated invalid or unconstitutionaL SECTION IV FFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this. 2nd day of March, 2004. slEmest W. Lehman. Mayor Anest: slMarian K. Karr, City Clerk 55257 March 1Q,_,?~ ,~ 1 --= -~... f~iii~~ ~-';'''Sr~IIDI' --..~ 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. 04-4114 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of March, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 24th, 2004. Dated at Iowa City, Iowa, this 6th day of April, 2004. ~",:o \~\l~~'8: . . Voparil '--- Deputy City Clerk Printer's Fee $ ,Jo, '7 j.... CERTIFICATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper -! time(s), on the following date(s): fY\.a v-cR. d- ~; d-Do c-j Y~/~ Legal Clerk Subscribed and sworn to before me this ~day of'jIA C,; -L.tV A,D, 2 .fr/-, ~aM~ Notary Public iJ ORLENE MAHER Commi..Jon Number 715U8 My Commlulon expires April 2. 2005 OFFICIAL PUBLICATION ORDINANCE NO.c14-4114 . AN ORDINANCE AMENDING THE.ZON- ING CODE REGARDING REQUIRE" MENTS FOR RELIGIOUS INSTITU' TIONS IN THE COMMERCIAL OF~ICE (CD-l) ZONEAN ORDINANCE AMEND- ING CITY CODEmlE I'\, CHAPTER 6, ENTITLED "ZONIN,G;' ARtICLE B, ENTITLED " ZONING DEFINITIONS," SECTION 2, ENTITLED "DEFINI- TIONS," WHEREAS, the Commercial Office Zone (00-1) is intended as a potentiallocatlQ!,l for religious instltutions und8lsimiJar~ ditions as other public .~..type uses; and . .- WHEREAS, the current lot size and set- back requirements for religious institi.J~ nons in the 00-1 Zone are inconsistent with the requirements for religious institu- tions In similar commercial zones; and WHEREAS, allowing religious institutions to locate in the CO~ 1 Zone by grant of a special exception will provide ~ opt)or~ tunity for religious institutions of various types and size to located in the CO-l Zone under the guidance and scrutiny of the Board of Adjustment, similar to how these use6-8:re.allowed in other-cOmmer"--: cial zones; and . NOW, THEREFQRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAl: City Code Title 14, Chapter 6, Zoning, Article E, Commercial and Business Zones, Section 1, Commercial Office Zone(Co- 1), Subsection C., Provisional Uses, is hereby amended, deIetlng pa18Q!~,' Subsection 0, Special Exceptions, of this same Section is hereby amended adcting paragraph 6: 6 RAn~lou.c:. institutions. The remaining paragraphs of this sub~ section 0 are . hereby renumbered accordl/lflly. SECTION V REPEAlF.R. All ordinances and parts of ordi.nantes - in conflict with the provisions of this Ordinance are here. by repealed. SECTION VI . SEVERABIL ITV. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof r.ot adjudged invalid or unconstitutional. SECTION Vfl EFFECTfVE nATE;:, This Ordinance shall be in effect after its final passage. approval and pUbHcatlon,. as provided by law. Passed and approved this 16th day of March, 2004. slEmest W. Lehman. Mayor Attest: slMarian K. Karr. City Clerk 5532ll March 24, 2004 I ~ 1 --= -~... f~'iii~~:t ~~~IIDI' ....,.~ CITY OF IOWA CITY 4 J 0 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 04-4115 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of March, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 24th, 2004. Dated at Iowa City, Iowa, this 6th day of April, 2004. ,~ ~\J"+~\J Julie , oparil '-' Deputy City Clerk ~\ . \0'-\.- Lt\\ S Printer's Fee S 10 lto ~ CERflFICATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the following date(s): \"{\ 0.. v- c..k ;} 4 ) ':+00 Y. '-:;I.:: /1 /t~, ~<- Legal Clerk Subscribed and sworn to before me thisJ\.\,\4- day of "-iY\01>J.J-> A,D, 20...Dl:j-' (B,S1Mv ~ ~ Notary Public ~ ORLENE MAHER . ! CommIssion Number 115148 ... My Comml.sion Expires April 2. 2005 OFFICIAL PUBUCATION ORDINANCE NO. 04 4115 AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXA. TION & FEES," CHAPTER 4 ''SCHED- UlE OF FEES, RATES CHARGES BONDS, FINES, AND PENALTIES": AMENDING TITLE 14 ENmlED "UNI: flED DEVELOPMENT CODE" CHAP. _~R 3, "CITY UTILITIES;' ARTICLE A, "GENERAL PROVISIONS," SECTION 14-3A.2, "DEFINITIONS," AND SEC. TION 14-3A-4, "RATES AND CHARGES FOR CITY UTllmES" AND; AMEND- ING TITLE 14 ENmlED "UNIFIED DEVELOPMENT CODE;' CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COllECTION DIS- CHARGE AND RUNOFF," TO CREATE A STORMWATER UTilITY AND ESTABLISH A STORMWATER UTI~ITY FEE. . Y"~EREAS, ~he City of lows CIty, since Its incorporation. has constructed a stormwater infrastructure with point ~ource and non-point source discharges Into Ihe Iowa River and the six major creeks; and WHEREAS, the City stormwater fnfrastructure carries stonnwater n.mott e~h~r directl.y or indirectly from properties withm the City to the Iowa River; and . WHEREAS. the Iowa River, the ~aJor creeks, and the City's stormwater mfrastructure are available for stormws- ter and ground water discharges; and WHEREAS. the City incurs costs to ~onitor. maintain, replace, and improve Its stormwater infrastructure; and . WHEREAS, the City is now required to have a national pollutant dis. c~rge elimination system (NPDES) per- . mil 10 operate and maintain its storrTlW8- ter infrastructure and to otherwise protect the waters of the Iowa River and the six major creeks; and WHEREAS, the City has identified ~n ongoing ne~ to fund water quality Improvements In streams creeks and ditches within the city as ~II as the' need ~o fund. improvements for maintaining and ImproVIIlg water quality and to mitigate and prevent flooding from stormwater runoff Inlo City-owned storm sewers; and WHEREAS, current and pending ~deral and Slate regulations require the City 10 take additional affirmative steps in ~ areas as pubtic education, public Improvements. detection of illicit dis. charge in stormwater systems, construc- tion of site runoff control. stormwater management, and ~lution prevention programs to address water quality issues and flood control, which additional aaivi- t!es will create additional funding Oobliga- tlons for such mandated services; and WHEREAS, pursuant to Chapter 388, ~de of Iowa (2001), the City IS ~utho~lzed to establish' City utilities Including a stormwater drainage system utility; and WHEREAS, the City now desires through this ordinance to create a stormwater drainage system utility and establish authority to implement and enforce user fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ICYoNA CITY, ICYoNA: SECTION I AMENntJlFNT. Title 3, Chapter 4, entitled "Schedule of Fees Rates, Charges. Bonds. Fines and Penalties~ is hereby amended by: ' a. Renumbering Section 3-4-8 to Section 3-4-9. b. Renumbering Section 34-7 to Section 3-4-8. c. Renumbering Section 3-4-8 to Section 3-4-7. d. Adding a new Section 3-4-8 as follows: UTII:1TY.,J-4-6: STO.R_M W,.TER Description of Fees C~arge. Sontl Fine or Penalty: ' . StOrmwater Utility J=ee. . U~ers mclude all users owning or occu- pyIng ~eveloped property in the city of _1Q'lV",_Clty. ~~. \'"\, ~ Amount of Fee. Charge, Bond. Fine, or Penalty: One Equivalent Residential Unil (ERU) = $2.00 ~Er.TION II AMFNDMENT. Title 14, Chapter 3. Article A, entitled "General ProvisionsB of the City Code is hereby amended by: a. Repealing the Subsection entitled "City Utilities, City Utility Services" in Section 14-3A-2 and substi- tuting the following in lieu thereof: eit" Utilities Citv lJtilitv ~: The providing of water, waste- water, stormwater drainage, and/or solid waste services to persons who are obli- gated to pay for said services.b. Adding a subsection entitled "Stormwater DrainageB in Section 14-3A-2 as follows: Stormw~tp.r. . DrAina!jle: Stormwater, ground water, and spent waler discharged to the City's stormwater infrastructure. c. Repealing Subsection 14-3A- 4(A)(2) and substituting the following in lieu thereot 2. All contributors or users owning or occupying property in the city of Iowa City shall be charged for the serv- ice used. In addition, a fee shall be charged to all account holders for opera- tion, maintenance, and improvements to the City's stormwater infrastructure utility. The City shall review the user charge system and revise user charge rates as necessary 10 ensure that the system gen- erates adequate revenues to pay the costs of opera1ionand maintenance, nec- essary expansion and debt service, and that the system continues to provide for the uniform distribution of operation and maintenance among all users. The City will annually notify all users, in conjunc- tion with a regular bill, of the stormwater utility charges and that portion of the user's bill attributable to stormwater man- agement services. Such rates and charges shall be in the amounts set forth in the schedule of tees, Title 3,Chaptef 4 of this Code. SFCTION III That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adding the follow- ing Section 14-3G-10, entitled ~Stormwater Utility and Stormwater Utility Fee": 14.3G-10 STORMWATER UTILITY & STORMWATER UTilITY FEE ~ It is determined and declared to be necessary and to lead or contribute to a result conducive to the protection of the public health, safety, welfare, and compliance with federal regulation, that a stormwater management utility district be established within the city. It is further determined and declared to be neces- sary and conducive to the protection of the public health, welfare, and safety of the city and its residents tha~ charges be levied upon and collected from the own. ers or occupants of all developed lots, parcels or real estate, and buildings that discharge stormwater or surface or sub- surface waters, directly or indirectly, to th8-ci1y..s1or~~tem,and that the proceeds ot such charges so derived be used for the purposes of man- agement of storm water runoff quantity and quality, construction, operation, maintenance, repair, replacement and debt service .for construction of the stormwater drainage, flood protection and stormwater quality improvements comprising the stormwater utility. B. nAfinitions. As used in this Section, the following definitions shall apply: City: City of Iowa City Developed Property: Property upon which a structure or impervious sur- tace has been placed or constructed, thus increasing the amount of rainwater or surface water runoff. ~, O~-"-t(rs- Director: The Public Works Director or designee. Drainage Course: A shallow nar~ row grassed or paved overland route, either natural or constructed, over which water passes. Dwelling Unit: A singular unit or apartment providing complete. independ- ent living facilities for one or more per- sons including permanent provisions for living, sleeping, eating, cooking and san- itation. Equivalent Residential Unit (ERU): The average impervious area of a single family residential property located within the city as periodically determined and established as provided in this Section. ERU Rate: The dollar value period- ically determined and assigned to each ERU as a charge for stormwater man- agement services, and expressed as $X.XX per ERU. Exempt Property: Public streets, alleys and sidewalks; all University of Iowa properties; all undeveloped proper- ties. Ground Water: Water th the sur- face of the earth which is not bound to soil particles. Impervious Area: The number of square feel of hard-surfaced areas which either prevent or resist the entry of water into soil mantle, as il entered under natu- ral conditions as undeveloped property, and/or cause water to run off the surface in greater quantities or" at an increased rate of flow from that present under natu- ral conditions as undeveloped property, including but not limited to roofs, roof extensions, patios, P9rches, driveways, sidewalks, pavement, athletic courts, and semi-impervious surfaces such as gravel which are used as driveways or parking lots. Multl~family Residential Property: Residential structures designed with two or more dwelling units to accommodate two or more families or groups of individuals living separately and not sharing the same living space. Non~Point Source Discharge: Water discharged from the earth's sur- face to a drainag'e course or water course. Non-residential Property: Any developed lot not exclusively residential, including but not limited to, transient rentals, commercial, institutional, church- es, hospitals, governmental properties and parking lots, and multi-use properties incorporating residential uses. Point Source Discharge: Water dis- charged to the earth's surface through a pipe, conduit, tube, duel, channel or pumping facility. Single-Family Residential Property: A detached residential struc- ture designed as a single dwelling unit to accommodate one family or group of indi~ viduals living together and sharing the same living space, but excluding multi- use properties which include single-fami- ly residential uses. Stormwater Drainage System District: The area served by the stormwater utility. Stormwater Infrastrucbue: The entire constructed and natural stormwa- ter and ground water drainage system within the City limits of Iowa City. . Stormwater Management:. TIle tasks required to control slormwafer runoff to protect the health, safety, and welfare of the public, and comply with state and federal regulations. It includes but is not limited to street sweeping, ero- sion control, stormwater basin improve- ments and maintenance. culvert and storm sewer maintenance, stormwater management planning and related public ec!L:!f:!ltion._~_.___._ .___ Stormwater Utility: The utility established under this Section for the purpose of managing stormwater and imposing charges for the recOvery of costs connected with such stormwater management. Surface Water: Stormwater, ground water, and spent water received by the earth's surface. Undeveloped Property: A parcel that has no impervious area. User: The owner and/or occupant of any developed property within the Iim- its of Iowa City. Water Course: A natural overland route through which water passes, including drainage courses, streams, creeks, and rivers. D.i.sJ.rHj. TIle entire City is hereby organ~ ized into one stormwater utility dislrict. Powers and Duties. The City shall have the following powers, duties, and respon- sibilities with respect to the Stormwater Utility: Prepare ordinances as needed to imple- ment this division and forward the ordi- nances to the City Council for considera- tion and adoption, and adopt such regu- lations and procedures as are required to implement this division and carry out its duties and responsibilities. Administer the design, construction, maintenance and operation of the utility system, including capilal improvements designated in the comprehensive drainage plan. Acquire, construct, lease, own, operate, maintain, extend, expand. replace, clean, dredge. repair, conduct, manage, and finance. such facUities, operations, and activities, as are deemed by Ihe City to be proper and reasonably necessary for a system of storm and surface water management. These facilities may include, but are not limited to, surface and underground drainage facilities, storm sewers, watercourses, ponds, ditches, and such other facilities relating to collec- tion, runoff, and retention as will support a stormwater management system, whether such facilities are owned and operated directly by the City or are pro- vided under staMory or contractual pro- visions and furnishings of which facilities create -or impose a cost or charge upon the City for the service afforded by such facilities. . The City shall separately account for the stormwater utility finances. The stormwa- ter utility shall prepare an annual budget, which is to include all operation and maintenance costs, costs of borrowing, and other costs related to the operation of the stormwater utility. The budget is subject to approval by the City Council. Any excess of revenues over expendi- tures in a year shall be retained in a seg- regated fund, which shall be used for storm water utility expenses in subse~ quent years. Stormwater utility fees col- lected shall be deposited in the stormwa- te-r--8Rterprise-fURd and shall be ttsed..fef no other purpose. E. Establishment of Eauiv::lIAnt Residential Unit (ERUI rate and stormwa- ter utilitv ch::lrnA 1. For purposes of this article, an ERU shall be equivalent to 3,129 square feet ot impervious area. 2. Except as provided in this article, every user owning or occupying property that is not exempt property in the City of Iowa City shall pay to City a stormwater utility charge as determined in this article. In the event the owner and the occupant of a particular property are not the same the liability for payment of the stormwater management charge attributable to that property shall be joint and several as to the owner and occupant. 3. The ERU rate 10 be applied to properties shall be as defined in ~-4-6 of the City Code. The monies derived from the stormwaler utility charge shall be used solely for the operation and maintenance of the City wide stormwater infrastructure and relat- ed water quality programs. F. Determination of l'llnrmwalAr ulilil\l ~ 1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rate per month. As to Ihese properties, the stormwater utility charge shall commence upon the earlier of the following: a. The issuance of a cer- tificate of occupancy; b. 90 days after construc- tion is halted. provided construction is at least 50% complete; or 90 days after construction is completed, even if a certificate of occupancy has not been issuel:l for the residence. 2. For multi-family residential proper- ties the stormwater utility charge shall be 500/0 of the ERU rate multiplied by the number of individual dwetnng units exist- ing on the property. As to these proper~ ties, the stormwater utility charge shall commence upon the earlier of the follow- ing: a. The issuance of a cer- tificate of occupancy; b. ~ days after construc- tion is hailed, provided construction is at least 50% complete; or . c. 90 days after construc- tion is completed, even if a certificate of occupancy has not been issued for the residence. For non-residential property, the stormwater utility charge shall be a base rate of one ERU rale, plus $0.75 multi- plied by the numerical factor obtained by . dividing the total impervious area of the particular property by the number of square feet in one ERU. As to these prop- erties, the stormwater utility charge shall commence upon the earlier of the follow- ing: a. The issuance of a certificate of occupancy; b. 90 days after construc- tion is halted. provided construction is at least 50% complete; or 90 days after construction is completed, even if a certificate of occupancy has not been issued fOr the residence. G. ~ An owner or occupant of a multi-family residential property aggrieved by the ini. tial or any subsequent calculation of the number of dwelling units upon or in such property, calculation of the stormwater utility charge, or allocation of such charge among occupants, may appeal such cal. culations and allocation to the- director. Upon such appeal. the stormwater utility charge for such property may be recal~ culated utilizing information supplied by the appealing owner or occupant, provid- ed such information is verified as correct by the director. An owner or occupant of non-residential property aggrieved by the initial or any subsequent determination of the total impervious area of such property, calcu~ lation of thE;! stormwater utility charge for such property, or allocation of such ,charge among occupants, may appeal such calculations and allocation to the director. Upon such appeal, the stormwa- "'"fer utiliW charge for such property may be recalculated utilizing inform$1ion sup- plied bylhe appealing owner or occu- pant, provided such information is veri- fied as correct by the director. Any adjustment of the stormwater utility charge resulting from such appeal shall be retroactive to the date the appeal was _flied. _______~______ ~. ~CrfS~ Appeals by the owners 5008Upants" of property subject to sto water utillty charges shall include a stat . of the number of dwelling units, total property area, and/or total impervious area, as appropriate for the particular grounds for appeal. Such information may be shown on the stormwater utility reporting forms or on appeal forins, -and may be accom- panied by plats, County Assessors records, or survey data. Tha director may request additional information from the appealing party. Based upon the informa- tion provided by the utility and appealing party, the director shall make a final cal- culalio.n of the stormwater utility charge. The director shall notify the parties, in writing, of the director's decision within 90 days after receipt of the appeal. If still aggrieved, a party may request, in writ- ing, a review by the City Manager of the director's decision. Such request must be filed with the City Manager within 30 days after the director's decision, shall cite the specific error by the director, and shall include the calculation of stormwater util- ity charge which the appealing party believes to be correct. The City Manager shall review the record presenled and render a ~itten decision within 30 days after receipt of the request lor review. The City Manager may request additional information from the director or the appealing party. If still aggrieved, a party may request review of the City Manager's decision by the City Council in the same manner as above, provided for review by the City Manager. The filing of an appeal shall not excuse the payment of the stormwater utility charge when due. However, the City shall refund any por- lion of the charge paid subs9qt1enl to the filing of the appeal which is aajudged to be excessive, with interest at the rate pro- vided by law_ H. lilll<lIll;. Non-residential properties thai obtain a National Pollutant Discharge Elimination System (NPDES) Industrial stormwater permit. from the Iowa Department of Natural Resources (IDNR) are eligible for a 50% reduction in their monthly stormwater utility bill. Proof of the NPDES permit must be sub- mitted to the Director and approved prior 10 the establishment of the credit. The City or Director reserve the right to v~rify the permit compliance and to inspect the facilities at any lime. I. Billino nmr:edurel'ldAlincment accollnls and collAction Drocedurel'l. ~ The charges established hereunder will be billed monthly to eustomers in the Iowa City stormwa,ler utility dislrict. Collection and delfnquent accountproce- dures shall be as in~14-3A-6 of the City Code. . SI::CTlON IV REPFAI I=R All ordi~ nances and parts of ordinances in con- flict with the provisions of this Ordinance --"'" herebv_ed.... SEctION V SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordi~~nce as a whole or any section, provIsion or part thereof not adjudged Invalid or unconstitutional. SECTION VI I=FFECTIVF- nATE This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 16th day of March, 2004. s/Ernest W. Lehman, Mayor Attest: SlMarian K. Karr, City Clerk. 55327 March 24, 2004 I ~ 1 --= -~... f~~~~:t ~~"IIDI' .......... 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. 04-4116 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of April, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 14th, 2004. Dated at Iowa City, Iowa, this 17th day of May, 2004. ~ '0 """~~, ,\) Julie. paril ~~ -'-....- Deputy City Clerk Printer's Fee $ ? I. ,\ Y CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the following date(s): ~f'; L 1 ~,d-OC'jc! :/ Y0t~ Legal Clerk Subscribed and sworn to before me this 1i.{}fA day of n ~ A.D. 20 ()~ ' ~~~ Notary Public @ ORLENE MAHER c~~.~nNum~11~ My Comm..lon Expires April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4116 AN ORDINANCE AMENDING TITLE 9." 'MOTOR VEHICLES AND TRAFFIC", CHAPTER 5, "PARKING IN METERED ZQNES AND PARKING lOTS', SEC- TION 3. -PARKING IN METERED ZONES', TO INCLUDE MULTI-8PACE PARKING METERS OR PAY STATlQNS. WHEREAS, the current ordinance makes it a violation when a driver of a vehicle fails to deposit or cause to 'be deposited the proper coin in the parking meter for the time the parking space is to be occu- pied; and WHEREAS: sOme- 'City parkIng facilities utilize mUlti-space parking meters or pay stations to pre-pay tor such parking, sim- ilar to individual parking meters; and WHEREAS. this amendment would treat such multi.space parking meters or pay stations in the same manner as individual parking meters for purposes of payment obligations and penalties. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. ntle 9, enti- tled "Motor Vehicles and T~afflC.. Chapter 5, "Parking Meter Zones and Parking Lots", Section 3, "Parking in Metered Zones., Subsection A, and Subsection C are hereby amended by repealing Section 9-5-3.A and 9-5-3-C, and enact- ing in lieu thereof a new Section 9-5-3-A and 9-5-3-C to be codified and 10 l'ead as follows: g-S-3-A. When a vehicle is parked in any space adjacent to a parking meter, or in a space utilizing multi-space parking meters or a pay station as provided for in this Chapter, the driver of the vehicle shall immediately deposit or cause to be deposited the proper coin in the parking meter or at the parking pay station for the time the parking space is to be occupied by the vehicle and put the meter or pay station device governing the parking space in operation. Failure to deposit the coin(s) and put the meter in operation or to deposit such coin(s) in the pay station device governing sllch parking space shall constitute a breach of this Title and shalt subject 1he driver or owner to the penalty prescribed. Upon the deposit of such coin and placing the meter or pay station parking space in operation, the parking space may be lawfully occupied by the vehicle during the period the park- ing time which has been prescribed for the part of the street or parking space in which the parking space is located and as designated on the parking meter Of pay station. If the vehicle shall remain parked in .the parking space, the parking meter shall. by its dial and point, indicate such illegal parking, or if such parking space is governed by a pay station and time has expired for use of the parking space. governed by Ihe pay station, and in that event, the vehicle shall be consid- ered as parked overtime and beyond the period of legal parking time. and the - parking in any such part of a street Of- parking space where suoh meter is Iocat- - ad or which is govemed by a pay station shall be a violation of this Chapter and punished as set forlh herein. g-S-3-C. It shall be unlawful and a viola- tion of the provisions of this Chapter for any owner or driver to permit any vehicle to remain in any parking space designat- ed by any parking meter while the meter is displaying a signal indicating that the vehicle is parked beyond the establishad time period, or is governed by any pay station device for whict1 the time has expired for use of the parking space. Every hour that the vehicle remains after the established time period shall consti- tute a separate and distinct offense. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are here- by repealed. SECTION III. SEVERABILITY. If any .ec. tion, provision or part of the OrdinanCe shall be adjudged to be invalicf or uncon- stitutional, such act;udication shall nor aflect the validity of the Ordinance as a whole or any section, pro.vision, 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 6th day of April, 2004. s/Ernest W. Lehman,.Mayor Anest slMarian K. Karr, City Clerk 55380 April 14,2004 I ~ 1 --= -~... f~'iii~~~ ~-';'~~IIDI' ....~ CITY OF IOWA CITY 4] 0 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 04-4117 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of April, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 28th, 2004. Dated at Iowa City, Iowa, this 17th day of May, 2004, ~\~\:\ ,~ Ju I oparil ~ '---- Deputy City Clerk ~A_~ C)'-\ - '-\\\\ Printer's Fee $ 3L.ji.J, 3;) CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): It-?,;L d.-?f) i),()()tf ~~/1f~ Legal Clerk Subscribed and sworn ~ore me this d f .~ day of 1.l-j A,D, 20.il':!-, (0))!~Ol'~ 01 wLJ Notary Public ORLENE MAHER Commission Number 715848 My Commission Expires April 2. 2005 ~), \"\ :; OFFICIAL PUBLICATION .,.. ORDiNANCE NO. 04-4117 AN ORDINANCE. AMENDING SECTION 14, CHAPTER 5, ARTICLE A, BUILDING CODE, BY ADOPTING THE INTER- NATIONAL BUilDING CODE, 2003 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, .INCLUDING APPEN- DIX F RADON CONTROL METHODS, 2003 EDITION, PUB- LISHED BY THE INTERNATIONAL CODE COUNCil AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FQR THE PROTECTION OF THE HEALTH, WEl. FARE AND SAFETY OFTHE CITIZENS OF IOWA CITY, IOWA. . BE IT ORDAINED BY THE CITY COUNCil OFTHE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordi- nance is to adopt the 2003 Edilion ot the International Building Code and International Residential Code as published by the Intemational Code Council and to provide for certain amend- ments thereof; and to provide for the protection at the health, welfare and safety of the citizens at Iowa City, Iowa, and to pro- vide for its enforcement. SECTION II. Sections 14-5A-1, 14-5A-2, and 14-5A- 3 of the Iowa City Code are hereby repealed and the following new Sections 14-5A-l, 14-5A-2, and 14-5A-3 are enacted in lieu thereof. 14-5A-l: Code Adopted: Subject to the following amendments, the 2003 edition of the International Building Code (IBC) and 2003 Edition of the International Residential Code (IRC) are hereby adopted and shall be known as the Iowa City Building Code or the Building Code. Interpretations of the Building Official may be guided by pUblications of the International Code Council, Inc., or the International Existing Building Code. 14-5A-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable: 14-5A-3: Amendments to Code: The following sec- tions of the 2003 edition of the International Building Code and 2003 edition of the International Residential Code are amended as follows: A. Section 101.1 of both the IBC and IRC. Delete Section 101.1 of both the IBC and IRC and insert in lieu thereof the following: 101.1 Title. These regulations shall be known as the Building Code of Iowa City, h.ereinafter referred to as '1his code:' B. Section 105.2 of both the IBC and lAC. Delete Section 105.2 of both the IBC and IRC and insert in lieu there- of the following: 105.2.1 Work Exempt from Permit. A permit shall not be required for the following: Building 1. One-story detached accessory struc- tures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 144 square feet. 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a sur- charge or impounding Class I, II or III-A liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 l) and the ratio of height to diameter or width does not exceed 2 to 1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cab. inets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools which are less Ihan 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes and not including service sys- lems. 11. Swings and other playground equipment accessory to detached one- and two--family dwellings. 12. Window awnings supported by an exte- rior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. For structures regulated by the IRC theireapplication of shingles and roof sheathing provided less than 50% of the sheathing is replaced and other structural alterations are not required. 15. For structures regulated by the lAC reapplication of siding and windows provided: a. Window opening sizes are not altered and conforming rescue and escape win- dows are present in all sleeping rooms.. . b. Property IS nol located In a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City H!storic landmark. Unless OthelW1se exempted, separate plumbing, electrical and mechanical per~its shall be require~ for the above-exempted items. Exemption from the permit requirements of this Code shall ~t be deeme~ to. gra~t author- ization for any work 10 be done In a manner In ~lOlatiOn of t~ provisions of this Code or any other laws or ordinances of thiS jurisdtction. C Section 105.5 of both the IBC and lAG. Modify Secti~n 105.5 of both the IBC and lAC by adding a sen- tence 10 the end as follows: .' In no case shall the permit be effective unless the work covered by the permit is con:aplete~ within 24 months of the date on which the original permit was Issued. D. Section 105.9 of both the IBC and lAC. Add two new Sections 105.9 and 105.9.1 to the IBC and R105.9 and Rl05.9.1 to the lAC as follows: 105.9 Demolition permits required. A demolition permit shall be required as follows: . 1. For the removal of any bUild- ing or structure. 2. For the removal of any por- tion of a building (i.e. porch, porch railing, .decorative br:a~ets and trim, dormers, chimneys, etc.) that is locate? wlt~ln. a Historic Preservation Overtay Zone or a Conservation District Overlay Zone, or is an Iowa City Historic Landmark. . 105.9.1 Requirements. The apphcant for any demolition permit shall state on the QJ?plication the p.ro- posed disposal plans for all demolition matenals. No demolition permit shall be issued until seven (ry working ~ays after. ~he date an application has been properly filed and said demolition ~r- mit shall not be effective until applicant has posted the premis- es to be demolished with a notice to be provided by the City ~nd as directed by the City; provided, how.ever, th~t accessory bu!ld- ings as defined in the Iowa City Zonmg Ordl~n~e and haVing no historic significance and ~~ngerou~ bUlkllngs shall be exempt from said notice and waiting reqUirement. E. Section 107.3 of both the IBC and IRC. Amend Section 107.3 of both the IBC and tRC as follows: 107.3 Temporary power: Replace the words" ICC Electric Code~ with Iowa City Electric Code. F. Section 108.2 of both the IBC and lAC. Delete Section 108.2 in the IBCand IRC and insert in lieu there- of the following: 108.2 Permit Fees and Valuations. The fee for any permit shall be as set forth in the bui.lding per"!,,it fee schedule as established by resolution of the City Cooncl!. !he determination of value or valuation under any of lhe provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan reView fees shall be the total value of all construction work for which the permit is issue.d, as well as. all finish work, painting, roofing, site grading, paVing, landscaping, ele~ators, an~ other permanent equipment. The value to be used In computing the value of construction for reJXIrts shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plu~bing, heating, ~ir conditioning, site grading, paving, landscapln~, elevators, fire extinguisher systems and other permanent eqUIpment. G. Section 108.3 of both the IBC and IRC. Delete Section 108.3 in both the IBC and IRC and insert in lieu thereof the following: 108.3 Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and the value of the proposed buikling or work exceeds fifteen thousand dollars ($15,000), a plan review fee shall be paid before the per- mit may be issued. Should the proj~ct be abandoned and the permit not issued after the plan review has been started, ~e . plan review fee shall still be due and payable. The plan. revleV"' lee shall be as set forth by resolution of City COUl1C1!.. PI~n review fees are separate fees from the permit fee specified In Section lOB.2 and are in addition to permit fees. . H. Section 108.4 of the IBC and IRC: Delete Sec~lOn 108.4 in the IBC and lAC and insert in lieu thereof the followln~: 108.4 Work commencing before permit issuance: Any person who co~mences wo~k on a buikling, structure, electrical, gas, mechamcal or plumbing system before obtaining the necessary permits shall be subject to a fee ~uat to the amount of the permit fee if a permit were issued. ThiS fee shall be collected whether or not a permit is issued. The pay- ment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any pen~ pre- -scribed by law. Only the Building Official may reduce thiS fee when it is demonstrated that an emergency existed that required the work to be done without a permit. I. Section 108.5 of the IRC: Delete Section lOB.5 in the IRC and insert in lieu thereof the following: Rl08.5 Refunds: The Building Official may authorize the refunding of any fee I?ai.d here.u!lder which was erroneously paid or collected. The BUlkllng Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. . J. Section 1 OB.6 of the IBe: Delete Section ~~-~\\~\ ~5 ~,\5' lOB.6 in the IBC and insert in lieu thereof the following: 1OB.6 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Buikling Official shall not authorize the refunding of any fee paid except upon written application filed by the original perminee within one hun- dred eighty (180) days from the date of fee payment. . K. Section 109.3.5 of the IBC. Delete Section 109.3.5 in the IBC. L. Section 112 of both the IBC and IRC. Delete Section 112 in both the IBC and the IRC and insert in lieu thereof the following: Section 112 Appeals: See Section 14- 5M Appeals in the City Code. M. Section 202 of both the IBC and IRC. Add new definitions as follows: Family: See Section 14-6B Zoning Definitions in the City Code. Truss: is a pre-built and engineered component employing one or more triangles in its construction or an approved design and engineering component that func- tions as a structural support member. N. Section 202 of the IBC and IRC. Modify definitions as follows: Habitable space: Add a sentence to the end of the definition of habitable space or room to read as fol- lows: Basement areas finished to a degree to encourage their use as anything other than storage or mechanical rooms shall be considered habitable space. O. Table R301.2 (1) Modify by inserting data in the table as follows: ....'" '"~ ...., " -. Speed: (mph) , 90--. S"'ll:Ieclto08~rorn 0_____"_ -FrOst L1ne-l -- ---.---- Wee_fin DRpth Tennile Ceca S-;;~re- '42~---- Moderal Slight .. Heav~ Moderat . ae.....c -," ~11I9"'Y , ,,, Flood Hazerde I Shield Underta :WlnI1Ir , '" I ..., ;0...19n Require ~~': Freeze AnnWl! : Temp. , ". '",", Temp. .5'F ", 5.22-77 8-20.02 2000 ,., P. Section R305.1 of the IRC. Modify by adding a 5th exception as follows: 5. Ceiling height may be reduced to six (6) feet eight (8) ,inches for main support beams and mechanical ducts provided the prescribed ceiling height is maintained in at least two-thirds (213) of the room. Q. Section R310,1 ofthe IRC. Modify by deleting Section R310.1 and insert in lieu thereof the following: R310.1 Emergency escape and rescue required. BaSements and every sleeping room shall have at least one openable emergency escape and rescue opening. Where basem9Qts contain one or more sleeping rooms, emer- gency egress and rescue openings shall be required in each sleeping room, but shaH not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inch- es (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground e~tion_ serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section 310.3. The. net cJear ,opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. The emergency escape and rescue opening egress in a non-habitable basement shall be located a . reasonable distance from the internal access point This dis- tance shall not be less than one-half (112) of the distance from the bottom of the interior stairs to the most remote exterior wall. The emergency escape and rescue opening may open under a deck, porch or other building projec- tlon provided; a. there is at least 5 feet clear- ance between the ground and the lowest obstruction; and b. the window or door is locat- ed within three feet of one side of the projection; and c. the projection does not extend more than 12 feet beyond the wall containing the window or door. An emergency escape and rescue opening may open to any location under a deck, porch or other buifding projection provided there is at least 7 feet clearance betweel) the OI'Ql,!nc!. ~~ the Iowe~l?~tr~ion. EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of spa.ceinfil;n existing basement, the maximum sill height may be measured from an elevated tanding not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not mor~ than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. R. SECTION R310.1.4 OF THE lAC. Delete section R310.1.4 and insert in lieu thereof the following: R310.1.4 Operational constraints. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools, spe- cial knowledge or effort. S. Section R311.5.2. of the lAC. Add an exception as follows: EXCEPTION: Structures that existed prior to 8/28102 (adoption of the 2000 IRC) shall be allowed 6'- 6" headroom. T. Section R313.1.1 of the IRC. Modify by deleting the second exception and insert in lieu thereof the fol- lowing: . 2. Repairs to the exterior sur- faces and additions of uncovered decks or stoops are exempt from the requirements of this section. U. Section R322 oflhe IRC. Delefe Section R322 in the IRC and add a new section as follows: R322 ACCESStBIUTY R322.1 Scope. The provisions of this section are enacted to implement the City's policy that struc- tures regulated by this Code constructed with public funds be constructed using universal design features that provide acces- sibility and usability for all. Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof through any of the following means: 1. a building contract or similar contractual agreement involving a City-funded program or fund; 2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents; 3. preferential tax treatment, bond assistance, mort- gage assistance, or similar financial advantages from the City or its agents; 4. disbursement of federal or state construction funds including a Community Development Block Grant; or 5. a City contract to provide funding or a financial ben- efit for housing. R322.2 Minimum accessibility require- ments for all dwelling units using pubCic funds. 1. Wall Reinforcement. One first floor bath shall be provided with wood blocking installed within wall framing, to support grab bars as needed. The wood blocking, when measured to the center, shall be located between thirty-three inches (33") and thirty-six inches (36M) above the finished floor. The wood blocking shall be loCated in all walls adjacent to a toilet, shower stall or bathtub. 2. Interior Doors. All first floor doorways shall provide a minimum clear opening of thirty-two inches (32~) when the door is open ninety degrees (90-), meas- ured between the face of the door and the opposite stop. 3. Switch and Outlet Requirements. All wall switches controlling light fixtures and fans, shall be located at a height not to exceed fort-eight inches (48") above the finished floOr. Height shall be detennined by measuring from the finished floor to the center of the switch. All receptacles shall be located at a height not less than fifteen inches (15") above the )inished floor. Height shall be determined by measuring from the finished floor to the center of the recep- tacle. When the receptacle placement is prohibited by the height of a window or design feature, an alternate loCation can be approved by the Building Official or a duly authorized designee. 4. No-Step Entrance. Must provide at least one building entrance that complies with the Iowa City Building Code standard for an accessible entrance on an accessible route served by a ramp or a no-step entrance. A building entrance door musl have a minimum net clear opening of thirty-two inches (32M). The Building Official may waive this requirement based on the .terfOination thai strict comptiance is financially or environrnetttally Impractical. v. Section R3230fthe lAC. Delete section R323 of the IRC and insert in lieu thereof the Iollowing: Section R323. See Section 14-6K-2 Flood Plain Management Ordinance in the City Code. W. Table 403.1 of the IRC.-fAQdify by delet- ing Table 403.1 and inserting in lieu of the following> TABLERolI03.1 HlNlMUM WIDTH OF CONCRETE OR MASONR'I' FOOTING (INCHES) UlAD-BE.ARlNG VALLE OF 801.. Pal) 1,500 2,000 2,500 3,000 3,500 ODD Con......_111 ...conetruc:tton 1-0 16 12 '0 6 2..10 19 15 12 10 3..to." 22 17 14 11 \0 4-Incllbl1c1l.......rowrlllralllllor8-lncbhollow_.._ 1_ '9 15 12 10 8 7 2.0"'" 25 19 15 13 11 10 ~~ 31 23 19 16 13 12 8.lm:b.olklorfu routad.. l-ototy 22 17 13 l' 10 2-<;to a, 23 3-010 40 30 ForSt' inch-25.(mm.lp;urldpersqga,e 19 '6 24 20 I_O.M79l<N1m " " " " ~ . \.)'-\, - Y:, ,\ \:lJ. 3\ S- X. SectionR403.1.4.1 of the IRe. Modify by deleting both exceptions and inserting in lieu thereof the following: Exceptions: ]. One story detached accessory buildings of wood or steel frame construction not used for human occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using slab on grade construction as follows. The slab shall be three and one half inches thick, poured monolithically with thickened perimeter footings extending twelve inches (12") below finish grade and be sixteen inches (16") wide at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of the slab, includi.ng the thickened portion. shall be minimum 6x6-10I1 0 welded wire mesh, #4 deformed rein- forcing bars at twenty four inches (24") on center each way or fiber mesh reinforced concrete. 2. One-story wood or metal frame building not used for human occu- pancy and not over 200 square feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved by the building official. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. y. Section R404.1.2 of the IRe. Modify Seetion R404.1.2 by adding a second paragmph as folTows: Wall thickness may be reduced to eight inches (8'') if a minimum of three (3) one-half inch diameter deformed ASTM A615 gmde 40 steel bllfS are placed horizontally at the center of the wall thickness with one bar located within 14" of the top. OIle bar within 14" of the bottom and one bar located within 14" of the mid-height of the wall. Z. Section R404.1.3 of the IRC. Modify by adding an exception after number 2 as follows: EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout ba.~ment<; which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the table and diagrams as follows: ., l:..I. _ c--_ ,.~ ~:=: T - /--.---'- I,a; --...... _ UM!L-...rr ---.- --- .......___TOV o 0.. 'l'.lt' m__ ___ lit' ..If'" r ...,.. r O5..... ,'" . - tr .. ,..- ~ ....1-'" ... ,r..aIl' ---......, ----, .............__lI"4" -.- ~ ~ - ~ .. .. ..--....-..--- l'''''''''-"",,",_._._''-l<_'''''~_ ;1,1__.._._,,,,,,,,,..___.,,-0' --~-...,.._-- T , . '.."\- ~', .' i ....(/::.. .. . ;'..~:.::;ll',~.'-'..' . .~'.; ". --< AA. ...-...-.........91' _",,,fIII~ --~ -- ....ReW......VWl;lo:Hl 30" O.C. Typla. u__ .':...... '4..;.~ s.'.' O'~ " lows: Section R703.2 of the IRC. Modify as follows: Delete the exception in its entirety. BD. Table R703.4 of the IRe. Modify as fol. Change all the responses in the column titled ~SHEATHING _PA~BRJW.QlJJRED" to Yes. __ ;,- Cc. Secti0l1708.1 of tile IHC. Modify by adding an additional numbered sentence a.<;. follows: 6. Walls separating dwelling units from other occupancies in the same building. DD. Section 711.3 of the IBC. Modify by deleting the first paragraph and insert in lieu thereof the foliowing: The fire-resistance T"dting of floor and roof assemblies shall not be less than that required by the building type of construction. Where the floor assembly separates mixed occupancieS', the assembly shall have a fire-resistance rating of not less thafl that required by Section 302.3.2 based on the occupancies being separated. Where the floor a.'isembly sepamtes a single occupancy into different fire area.<;., the assembly shall have a fire-resistance rating of not less than that required by Section 706.3.7. Aoor assemblies separating dwelling units in the same building or sleeping units in occupancies in Group R-l, hotel occupancies, R-2 and I-I shall be a minimum of I-hour fire-resistance.rated construction. Floor assemblies separating other occupancies from dwelling units in the ~ building or sleeping units in occupancies in Group R-I, botel occupancies.. R-2 and I-I shall be a minimum of I-bour fire~resistance- rated construction. EE. Section R807.1 of the IRe. Delete section R807.1 and insert in lieu thereof the following: 807.1 Attic access. In building... with com- bustible ceiling or roof constnlCtion, ar'I attic access opening sIIall be pro\'ided to attic areas that ellceed 30 square feet (2.8m2) and have a vertical height of 30 illChes (762 mm) or greater. The opening sIIall be located in a corridor, hallway. or other readily accessible lOCation. The opening shall not be located in a closet, bathroom, mechanical room, laundry room. or similar room or location. Attics wilh a maxi~ mum vettical height of less than thirty inches neeci'not be provided wim access openings. The clear opening shall not be less than twenty inches (20") bytbirty inches (30~). Thirty inches (30') minimum clear headroom inlbe auic space shall be provided at or above the access opening. FF. Section 903.3.7.2 of the tHe. Add a new Section 903.3.7.2 to the IBC to read as follows: 903.3.7.2 Clear space. A five (5) foot clear space shall be maintained around the fire department connections except as otherwise required or aJlPl'Oved. GG. Section 903.3.7.3 of the mc. Add a new Section 903.3.7.3 to the IBC to read as follows: 903.3.7.3 Exterior alarm. A listed weather- proof homIstrobe shall be mounted directly above the fire depart- ment connection between seven (7) and ten (10) feet in height above grade. The device shall be activated by water flow equivalent to the flow of a single ~-prinkler of the smallest orifice size installed in the system. HH. Section 903.4. 2 of the IBC. Modify by adding a sentenCe at the end of the section a... following: Approved audible and visual sprinkler flow alarm(s) to alert the occupants shall be installed on each level of the interior of the building a.<;. required by the code official. II. Section 907.2 Delete the section and replace with: Where required-flew buildings and strUctures. An approved and addressable manual, automatic, or manual afld automatic fin: alarm system shall be provided in new buildings and structures in accor- dance with Sections'907.2.1 through 907.2.23. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire alarm sys- tem, automatic heat det:ectioo required by this section shall not be required. An approved automatic fIre detection system shall be installed in accordance with the provisions of this code aJ1d NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. l11e automatic fire detectors shall be smoke detectors. except that an approved alternative type of detector Mlall be installed in spaces such as boiler rooms where, dur- ing normal ope....4tions, products of combustion are present in suffi- cient quantity to actuate a smoke deteCtor. (a) _Addressable fire alann systems shall be monitored by a UL listed monitoring station. (b) Each address point id shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Iowa City Emergency Communications Center upon activation of tamper and/or alarm conditioos~ JJ. Section 907.2.3 of the [BC. Modify by adding a sentence to the end of the section to read a... follows: New and existing educational occupancies shall have a monitored fire alarm system within three (3) yeal'5 after the adoption of this ,ode. KK. Section 907.2.10.1.2 of the IBC. Modify by adding a fourth location requirement as follows: 4. Detectors shall be installed in all common corridol'5 and at the top and bottom of all stairway enclosures in R-2 Occupancies. In corridors. detectors shall be locat- ed within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced a... allowed by the fire code. LL. Section 907.3 of the IBC. Modify by adding a sentence to the end of the sectioo to read a.. follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. MM. Section 907.8 of the IBC. Modify by delet- ~()4-y.ln \?~. ~\5 ,i~g the exception and inserting in lieu thereof the ~o]'ow'o Ion: " I gexcep- EllcPnhon' At' . zones shall not exceed the are::'" '. u omatlc spnnkler system vide a sprinkler control valve a:::~;;{~~ ~e~~ ~~a~~~h~~ NN. Section 907 8 3 of the 'Be Add . . to read as follows: . . . a secllon labeling. Fire alarm andlo~e:~~~~~~~.3 ~ne ,and address location and address points plainly and ~ els shall have all zones :ion on the out..ide of the ' lpermanent y ~abeled a... to their loca. building. pane or on an eaSily readable map of lhe Section 907900, ]. by dd.Section907.9.1.I of the 1Be. Modify ... a mgasecond h' wt'utherproof hom/strobe h U' be paragTap as ollows: A listed above the fire depa~m s a .mounted at the exterior directly feet in height above g~~.connectlOn between seven (7) and len (10) add' PP. Section 1009.2 of the !Be. Modif as f~~fo~~: number I to the ellception and adding a second :ll~ion EXCEPTION' with Section 1009.9 are ~~itted 78Spiral stairways complying clearance a -Inch (1981 mm) headroom 2. Stairs ~ithin individual dwelling units of Residential G R OCCUpaflCleS that existed prior to 8n8lO2 (ad t' of h roup are pennitted a 78-inch headroom c1earance.oP]on t e 2000 IRe) IRC. Modif ~dele' Sectio~ 1009.1 r. Excepti0ll4 and 5 of the the toJ1oWi~: } tmg ellceptlons 4 and 5 and insert in lieu thereof ha 4. In Group R 3 . c nge in elevation consisting of a three or few .. OCCUpancieS, a entntnce or egress door does not require handra~:.nsers at an Ih 5. Changes in roo I . ree or fewer risers within dw I\' . . m e evatloos of Group R-2 and R ). . e mg UOlts afld sleeping units in RR - occupancl.es do !lOt require handrails. Secti . . Section 1019.1.1 ofthelBe.Modif 'mphon ',0 '],9.1.~. b~ addmg a sentence to the third unnumbe~. _ a.<; 0 ows. FIre door assemblies in . para occupancies shall I be' .. . . . elllt enclosures of R~2 detector. a so automatIc c10smg by actuation of a smoke . SS. Section 1025 I of the!BC Mod' deletll1g the exceptions and insert in ri~u [hereof the' Ii II If7 b~ EXCEPTIONS: 0 owmg. ~scue opening is pef1Tlit[~d to 0 n The emergency. e~pe an~ m accordance with the . pe onto a balcony wlthm an atrIUm . reqUIrements of Section 404 ided Ih cony proVideS access to an ellit and h d .' .prov . e bal- room has a means of egress th~' " n~e welhng umt or sleeping " ....1 ,,,,.open to the atrium. dance with Section 403. 2. High-rise buildings in accor~ . 3. Emergency "c d openmgs are not required from ba' ..... ape an rescue have an exit door or exit acces' sements or sle~ng rooms which street. public alley y".d egre: ~ door that opens directly into a public th . ...., "scourt or to an ellt . . ba . at opens to a public street public alley yo", 0" enor, exit loony IT S' . ,'" egress court. Section 1025.I.i in the IB~~~o:;'I:~~~I.l of the IBe. Add anew _.. 1025.1.1 Location The erne..... 3rt.. rescue opening in a non-habitabl b' . 'oencyescape rea...onable distance from the internal eac:~:enilntsllal1 .~ !ocated a shall n?t tK: less than one-half (112) of the 'dipo . This distance of the mtenor stairs to the 'I. ~~nce from the bottom mos remote extenor wall. may open under a deck, ~~:h e:~~,:c~U~~i~g pan~ re~ue ~ing a . ro}ectlon proVided; ance between the ground . d he] there IS at least 5 feet dear- an t owest obstruction:_ afld wilhin three feet of one si~e' of Ih ~e ~indow or door is located . eproJectlOn: and more than 12 feet beyond ~'he wal] th~ ~rojectio". does not extend contalnmg lf1e wmdow or door An emergency esc"....' d . . ~a~ open to any location under a deck . h- an rescu~ ~penmg }CetlOn provided there is at least 7 feet' i or olner bUlldmg pro- and the lowest obstruction.' c earance between the ground . EXCEPTION: For e rescue openmgs required for the . me~~y escape and aJ1 ellisting basement. the maxim~::ff~n:"or fimshmg of space in from an elevated laJ1din not less . ~16",t ma~ be measured 18 inches out from the i~teri fi !h~n :6 mches Wide, not less than more than 24 inches in heigh'7 ;;sl ~.the ~terior wall and nOt affixed to the f1oorbefow and' the all mdg.l. all be.pe~rJently UU . wa un cr the wmdow It serves .' Section 1025.4 of the IBC Del .. . 1025.4 and msert in lieu thereof the following: . ete SectlOll 1025.4 Ope ti I . escape and rescue openings sIIall be ra o~ constramts. Emergency the room without the . 'f. operational from the inside of Bars, grilles, grates oru:~m~l:eJ~~i~'::t::J.;pecial. knowledge or effoo. emergency escape and rescu . . pe.nnllled to be placed pyer clear opening size complies :rS:i~~~~~~ :~ minimu~ net sllalJ be releasable or removable ti th.. '. . such devIces key, tool or force greater dum that~' he..nSlde .Wlthout the use of a ation of the esca.... and rescUe ~ IC WIS required for normal opef~. . .'- . opening. here such b""" '" _ grates or Similar devices are installed' ..' . ':"'" gn el, alarms shall be instafl~" "0 _ '" m ~llIsting bUlldmgs, smoke , . ...... .....co ance With Sect' 907 2 0 _!'ssofthevaluationofthealteration.__ ___~n ..1 regard~ ~ c:, '-\ ~- ~ 'VI ~~'S~-6- vv. Chapter 11 of the IBC. Delete Chapter I] in its entirety and insert in lieu thereof the following: Chapter II Accessibility. Section 1101. Buildings or portions of buildings shall be accessible to pel'!lOllS with disabilities as required by 661-16 division VII of the Iowa State Administrative Code. WW. Section] 207 of the me. Modify by delet- ing Section] 207 in its entirety. XX. Section] 209.2 of the IBC. Modify by deleting Section 1209.2 in its entirety and insert in lieu thereof the following: 12oo.lAnk spaces. In buildin~ with com- bustible ceiling or roof construction, an attic access opening shall be provided to attic areas that exceed 30 square feet (2.8m2) and have a vertical height of 30 inches (762 mm) or greater. The opening shall be located in a corridor, hallway, or other readily accessible location. The opening shall not be located ill a closet, bathroom, mechanical room, laundry room, or similar room or location. Attics with a mSll.i- mum vertical height of less than thirty inches need not be provided with access openings. YY. Section 1403.6 and 1403.7 of the IBe. Delete Section 1403.6 alld 1403.7 of the IBC and insert in lieu there. of the following: Section 1403.6. See Sectionl4-6K-2 Flood Plain Management Ordinance in the City Code. 'lZ. Section G2406.2 (303.3) Prohibited loca- tions of the IRe. Modify by deleting exceptions 3 and 4. AAA. Part VII Plumbing, Chapters 25 through 32 inclusive of the IRC. Delete Part VH Plumbing Chapters 25 through 32 illClusive of the IRC and insertthc following: Part VII Plumbing, Chapter 25 Section P2501 GENERAL P250 1.1 Scope. Plumbing systems shall comply with TItle 14, Chapter 5 Article B, of the Iowa City Code. BBB. Chapter 27 ofche IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall comply with Title 14, Chapter 5 Article C, of the Iowa City Code. CCe. Chapter 29 of the IBe. Delete Chapter 29 of the lBC and insert the following: Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with Title 14, Chapter 5 Article B, of the Iowa City Code. ODD. Part V\II Electrical, Chapters 33 through 42 inclusive of the IRe. Delete Part VIII Electrical Chapters 33 through 42 inclusive of the IRe and insert the following: Pan VIII Electrical. Chapter 33 Section E330 I GENERAL E3301.1 Applicability. Electrical systems shall comply with TItle 14, Chapter 5 Article C, of the Iowa City Code. EBE. Section 3410.2 of the IOC. Delete the first sentence of Section 3410.2 and insert in lieu thei'eofthe following: 3410.2 Applicability. Structures existing prior to effective date of this ordinance and in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requiremel'lts of this section or the provisioos of Sections 3403 through 3407. SECTION Ill. REPEALER. All .ordinances and parts of ordinances in contlict with the provi-sions of ltiis Ordinance are hereby repealed. SECTION IV. PENALTIES FOR VIOLATIONS. The violatioo of any provision of this Ordinance is a municipal infrac- tion. SECTION V. SEVERABILITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall 001 affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-tutionaL SECfION VI. EFfECTIVE DATE. This Ordi-nance shall be in effect July I. 2001.. Passed and approved this 20th day of April, 2004. stErnest W. Lehman, Mayor Auest: slMarian K. Karr, City Clerk 59313 April 28, 2004 ,~ 1 --= -~... f~"iii~~ ~~~FI' ..... ... 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. 04-4118 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of April, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 28th, 2004, Dated at Iowa City, Iowa, this 17th day of May, 2004. JU~'~ - - K \j~,,,S Ju' K. pari! '-' Deputy City Clerk ~. \0,-\- '-\\\ Ii' Printer's Fee S 1);).'64 CERflFlCATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper f time(s), on the following date(s): -A,J r ~ I--- ;;).)r" ';)I)(')<-I ~4~ Legal Clerk Subscribed and sworn to before me this~ eff-A day of ot/J~ A.D, 20 0 ,-I , -04 ~(}~vL/ !\J~ Notary Public iJ ORLENE MAHER f ~ Commlulon Number 71514a My Commlnlon Explretl ... April 2. 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4118 J AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND GOV- ERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE. HANDLING AND USE OF HAZARDOUS SUB- STANCES, MATERIALS AND DEVICES AND FROM CONDITIONS HAi ARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE NO. 02-4034 OF THE CITY OF IOWA CITY AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THERE. WITH, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION I. That a certain document one (1) copy of which is on file in th~ office of the City Clerk of the City of Iowa City, being marked and designated as the International Fire Code 2003 edition including Appendix Chapters B, C, D, E: F, and G, as publiShed by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa reg- ulal.ing and governing the, safeguarding o~ life and property from fire and explo- sion ~azards arising from the storage, handlmg and use of hazardous sub- stances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises ~s herein prOVided; providing for the Issuance of permits and collection of lees ~erefore; a~~ each and all of the regula- tions, prOVIsions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and .changes, prescribed in the following sections of this ordinance. Section 7-1-1 ~hrough 7-1-4 of the Iowa City City Code IS hereby repealed and the following new Section 7-1 is enacted. SECTION II. That the following sections are hereby reyised: Section 101.1 Insert: Iowa City, Iowa Section 109.3 Insert: simple misde- meanor, 500, 30 days Section 111.4 Insert: 50, 500 SECTION III. That the geographiC limits referred to in certain sections of the 2003 International Fire Code are hereby estab- lished as follows: Section 3204.3.1.1. The storage of flam~able ,cryogenic fluids in stationary containers IS prohibited in the enlire City of Iowa City, Iowa. Exception: Zones I 1 &2, CI 1 and/or as approyed by the Fire Chief. Section 3406.2.4.4. The storage 01 Class I and Class II liquids in above- ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones I 1 &2, CI 1 and/or as approWtf by' t'''f:i"~lhr . Section 3804.2, The storage of lique- fied petrOleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones I 1 &2, CI 1 and/or as approyed by the Fire Chief. SECTION IV. Fees for inspections. Fees for inspections and other services related to enforcement of this Code shall be established by the City Council by resolution and paid to the Fire Oepartment. Sl;:CTION V. Amendments to the Fire Code. The fotlowing sections are amend- ~ to_read as fo!lo~~: ~~, \'\~ Section 104.1.1 Add a sentence to the end of the section to read as follows: The code official and members of the fire pre- yenlion bureau shall have the powers of a peace officer in pertorming their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire/police inyesti- gators upon being certified by the Iowa Law Enforcement Academy. Fire/police inyestigators shall haye the powers of a peace officer in pertorming their duties under this Code, induding full powers of arrest to effectuate their duties of enforc- ing city ordinances and state statutes. Notwithstanding his/her status as a peace officer, a fire/police investigator shalt be Subject to the rules and regula- tions of the Iowa City Fire Department for all purposes and shall perform such func- tions as the Fire Chief shall assign. Section 104.12 Add a new section to read as fOllOws: The code official' is authorized to order an operation or use stopped or the eyacuation of any premis- es, building, or yehicle or portion thereof which has or is a fire, life safety or health hazard. Section 105.2 Add a sentence to the end of the section fa read as follows: Application for an operational permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. Section 108 Delete in its entirety. See 14.5-M of this Code. Section 305.5 Add a new section to read as follows: The use of portable heaters shall be approyed by the Fire Chief. Section 305.6 Add a new section to read as follows: No person shall so use fire or any incendiary deyice or material as to recklessly endanger any property or safety of another. Section 202 Add a new definition 10 read as follows: CODE OFFICIAL. The C.hief Officer of the fire department, the Fire Marshal, or the Chief's authorized representative. Section 307 See also 6-6 of this Code. Section 405.2 Add to the end of the section as follows: Fire and eyacuation drills in Group E occup"ancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 502.1 Add a sentence to the end 01 FIRE LANE definition to read as fol- lows: See City Code 9-4-13 (ordinance 98-3850, 9-22-1998) for additional rules and regulations. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an -approved location on all new construc- tion. Exceptions: Group R-3 and unsecured R-2 occupancies. Section 508.5.1 Delete exceptions 1 & 2. Section 605.9 Delete the section and insert in lieu thereof: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a peri- od not to exceed 90 days for Christmas decoratiye lighting, carniyaJs and similar purposes. Temporary wiring methods shall meet the applicable proyisions of the Iowa City Electrical Code. Exception: Temporary wiring for electri- cal power and lighting installations is allowed during periods of construction, remodeling, repair or demolrtion of build- ings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable proYisions of the Iowa City Electrical Code. Section 803.3.1 Delete exceptions 1 & 2. Section 803.4.1 Delete exceptions 1 '& ..2..-__ -- Section 804. \. Add a sentence to the end of the section to read as follows: Natural or resin-bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 804.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, 1-1, 1-2, 1-3, 1-4, M, R-1, tures in -accordance with Sections 907.2.1 through 907.2.23. Where auto- matic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire alarm system, automatic heat detection required by this section shall not be required. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and ~FPA 72. Devices, combinations of deviceS, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during nor- _mal operations, products of combustion are present in sufficient quantity to actu- ate a smoke detector. (a) Addressable fire alarm sys- tems shall be monitored by a UL listed monitoring station. (b) Each address point id shall hav~ an alpha/numeric descriptor location. Alpha/numeric descriptor locations a.re required to be reported to the Iowa City Emergency Communications Center upon activation of tamper and/or alarm conditions. Section 907.2.3 Add a sentence to the end of the section to read as follows: New and existing educational occupancies shall have a monitored fire alarm system within three (3) years after the adoption of this code. Section 907.4 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.9 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permit- ted by NFPA 13 and shall provide a sprin- kler control valve and waterflow device for each normally occupied floor. Section 907.9.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 2306.7 Modify by deleting foot- note "J" from TABLE 2306.2. Section 2703.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the require- ments of the Iowa Right to Know law. Section 3301.1.3 Delete exception 4 and insert in lieu thereof: The posses. sion, storage, sal.e, handling and us~ 01 gold star prodUCIng sparklers on wIres which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which con- tain no mercury or caps used in cap pis- tols. Section 3404.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276. gal+ Ions capacity or more, the minimum dis- tance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 3404.2.11.2 Add a #4 to the end of the sectioo to read as--follows: 4. A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone bound+ ar~ and R.4 occupancies. Exception: Trees located in areas pro- tected by an approved automatic sprin- kler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M and R-1. Section 901.2 (a) Add a new section to read as follows: Water based fire protec- tion systems. Working plaris submitted to the fire department for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA stan- dards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A quali- fied person shall have a minimum National Institute for Certification in Engineering Technologies [NICETJ Level UI certification for Automatic Sprinkler System Layout OR. be a licensed engi- neer with experience in life safety system design. Other qualifications may be approved by the code official. Section. 901.2 (b) A,dd a ne\:\, section 10 read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA stan- dards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A quali- fied person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Fire. Alarm Systems OR be a licensed engineer with experi. ence in life safety system design. Other qualifications may be approved by the code official. Section 903.3.7.1 Add a new section to read as follows: A five (5) foot clear space shall be maintained around the lire department connections except as other. wise required or approved. Section 903.3.7.2 Add a new section to read as follows: A listed weatherproof horn/strobe shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The device shall be activated by water. flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Section 903.4.2 Add a sentence to the end of the section to read as follows: Approved audible visual sprinkler flow alarm(s) to alert the occupants shall be installed on eacllJevel of the interior of the building as required by the code offi- clal. Section 906.3 Add a sentence 10 the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class 8, or Class C hazard shall be 2-A, 10-B C. Section 907.2 Delete the section and replace with: Where reqUired-new build- ings and structures. An approved and addressable manual, automatic, or man- ual and automatic fire alarm system shaH be provided in new buildings and ~r~-__ ~ .l:)4.-'-1.\l~ ~~,~ Section 3404.3 Delete the section and insert in lieu thereof: Container and portable tank storage. Storage of flam- mable and combustible liquids in closed containers Ihat do not exceed 60 gallons (227 L) in individual capacity and portable tanks that do no exceed 300 gal- lons (1134 L) in individual capacity, and limited transfers incidental thereto, shall comply with this section. SECTION VI. REPEALER. All ordi- nances and parts of ordinances in con- flict with the provi-sions of this Ordinan,ce are hereby repealed. SECTION VII. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pari thereof not adjudged invalid or unconsti-tutional. --SECTION VIII. EFFECTIVE DATE. This Ordi-nance shall be in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 20th day of April, 2004. slErnest W. Lehman, Mayor Attest slMarian K. Karr, City Clerk I 59314--="128.20041 I ~ 1 --= -~... f~"iii~~ ~';'''Sr~IIDI' ......~ CiTY OF IOWA CiTY 4 J 0 East Washington Street Iowa City. Iowa 52240.1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 04-4119 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of April, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 28th, 2004. Dated at Iowa City, Iowa, this 17th day of May, 2004. ~'o \~\J~,~ Ju 'oparil " Deputy City Clerk ~ \.JY- 4\\ '\ ~ l t~ '2 Printer's Fee $ Sf 00,1<;) CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper -' time(s), on the following date(s): i\- f' {'~ L J.X" 'ri-(j(") '---J / ~~/lM Legal Clerk Subscribed and sworn to before me this ~day ofO-tL.-~ "-I ~ A.D, 20 0 . ~'\ \)~ 0 '-\['V,-cv \l. , / Notary Public ~f ORLENE MAHER CommillJon Number 715848 My Commission Expires April 2. 2005 -------~ CSv4.\:lll.;-'-I:\\\ OFFICIAL PUBLICATION ORDINANCE NO. 04-4119 AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY CODE OF ORDI- NANCES, BY ADOPTING THE 2003 EDITION OF THE UNIFORM PLUMBING CODE, WITH CERTAIN AMENDMENTS, TO REGULATE THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLA~ TION, MAINTENANCE, EXTENSION AND ALTER- ATION OF ALL PIPING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLA- TIONS. Be it ordained by the Council of the City of Iowa City, Iowa: SECTION I. SHORT TITLE. This ordinance shall be known as the Iowa City Plumbing Code, or Plumbing Code, and may be so cited. SECTION II. PURPOSE. It is the purpose of this ordi~ nance to adopt the 2003 Edition of the Uniform Plumbing Code as prepared and edited by the International Association of Plumbing and Mechanical Officials, and to provide certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citi- zens of Iowa City, Iowa; to provide for the enforcement of the Plumbing Code; and to provide penalties for viola- tions of the Plumbing Code. SECTION III. SCOPE. This ordinance shall apply to and govern plumbing, as defined in the Plumbing Code, including the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in con- nection with any of the following: sanitary drainage or storm drainage facilities, the venting system, and the public or private water-supply systems, within or adja- cent to any building or other structure, or conveyance; also the practice and materials used in the installation, maintenance, extension or alteration of the stormwater, liQUid wastes or sewerage systems, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. SECTION IV. ADOPTION OF PLUMBING CODE. Section 14-58 in its entirety of the Iowa City Code is hereby repealed and the following new Section 14-58 is added. 14-58-1: CODE ADOPTED: Subject to the amend- ments described in Section 14-58-2 below, Chapters 1 through 10 AND 12 through 15 of the 2003 Edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials are hereby adopted and shall be known as the Iowa City Plumbing Code or the Plumbing Code. 14-5B-2: ,AMENDMENTS TO CODE: The Plumbing Code adopted by Section 14-5B-1 of this Article is here- by amended as follows: Delete Section 101.5.6 in its entirety and insert in lieu thereof the following: 101.5.6 Moved Buildings. Plumbing systems which are part of buildings or structures moved within or into this jurisdiction shall comply with the provisions of this Code for new installations except as provided lor in Section 103.5.5.2. Delete Section 102.3.1 in its entirety and insert in lieu thereof the following: 102.3.1 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing or permit the same to be done in violation of this Code. Volations of any provision of this ordinance is a municipal infraction. Delete Section 102.3.2 in its entirety. Delete Section 103.1.1 in its entirety and insert in lieu thereof the following: 103.1.1 Permits Required. It shall be unlawful for any person, firm or coq:X1ration to make any installation, alteration, repair, replacement or remodel any plumbing ""..'-. ~- -- .-'c ____..... - OFFICIAL PUBUCATION system or fire sprinkler system regulated by this Code except as permitted in Section 103.1.2, or to cause the same to be done without first obtaining a separate plumbing permit for each separate building or structure. Delete Section 103.1.2 in its entirety and insert in lieu thereof the following: 103.1.2 Exempt Work. A permit shall not be required for the following: 103.1.2.1 The stopping of leaks in water, drain, soil, waste or vent pipe, provided, however, that should any water pipe, drainpipe, soil, waste or vent pipe, or con- cealed trap become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Code. 103.1.2.2 The clearing of stoppages, including the removal and reinstallation of water closets or; the repair- ing of leaks in pipes, valves or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. 103.1.2.3 The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliance is installed at the same location and it is not necessary 10 remove, replace, alter, or install any piping. Exemption Irom the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. 103.1.3 Licensing See Section 14-5l. 103.2 Application For Permit Add Section 103.2.4 Qualifications of Permittee: 1 . A permit may be issued to any person holding a valid master plumber license issued by the City or to any plumbing company which employs a duly licensed master plumber on a full-time basis. 2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this Article in connection with said dwelling and accessory buildings. The own_er must personally purchase all material and perform all labor in connection therewith. All work shall comply with this Article. 3. A permit may be issued to the holder 01 a valid sewer and water service installer's license for the installation of a building sewer and waler service only. 4. A permit may be issued for the installation of gas pip- ing to any person holding a- valid gas pipe installer's license issued by the City or to any company which employs a duly licensed gas pipe installer. 5. A permit may be issued to the holder of a valid lire sprinkler installer's license for the-installation of fire sprin- kler systems provided the licensee is employed by a fire sprinkler contractor with either at least one NICET level III certified person 01 an engineer licensed in the State of Iowa with experience in fire protection sprinkler systems on sta~f. Add Section 103.2.5 Insurance Required: Before a per- mit to perform plumbing work may be issued, the appli- cant shall have on file with the Administrative Authority a copy of a certificate of insurance slating the liability amounts established by resolution of the City Council, and too City shall be named as an additional insured. The poliCy-Shall also provide for at least thirty (30) cal- endar days' notice Oy the insurer to the City of termina- tion of the policy by the insured or insurer. Plumbing per- mits issued under Subsection 103.2.4-2 shall be exempted from this insurance requirement. 103.4 Fees Delete Sections 103.4.1 and 103.4.2 and add Section 103.4 as follows: 103.4 Fees: All applicants shall pay the proper permit and inspection .fees as established by resolution of the City Council. 103.4.4 In\lestlgation Fees: Work Without a Permit. Delete Section 103.4.4 in its entirety and insert in lieu ..--_....._---.... ...-....~. ~j~~ ~ OFFICIAL PUBLICATION thereof the following: 103.4.4 Work commencing before permit issuance: Any person who commences work on a building, structure; electrical, gas, mechanical or plumbing system before obtaining the necessary permits shan be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. 103.4.5 Fee Refunds. Delete Section 103.4.5 in its entirety and insert in lieu thereof the following: 103.4.5 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erro- neously paid or collected. The Building Official shall not authorize the refunding of any lee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. 103.9 Appeals See Section 14-5M Appeals. Section 202.0 Section 202.0 is amended by adding the following def- initions: Fire Sprinkler Installer - any person licensed to install only fire sprinkler systems. Gas pipe installer - any person licensed to install only the piping to distribute fuel gas from the gas meter to the gas outlets. Plumber, apprentice -any person who works under 1he supervi-sion and guidance of a skilled journeyman or contractor for the purpose of learning the plumbing trade. 'plumber, inactive -any licensed plumber who is not currently employed nor actively partiCipating in 1he plumbing trade. Plumber, journeyman -any properly licensed person who is allowed to install plumbing only under the employ of a master plumber. Plumber, master -any properly licensed person who undertakes or offers to undertake, plan. for, layout, supervise or perform plumbing work with or without com- pensation. Sewer and water service installer -any person licensed to install only the building sewer and that portion of the building drain from outside the building wall to just ins1de the building wall and the water service from the water main to the building water meter. Section 413.0 Delete Section 413.1 through 413.3 and Table 4-1 in its entirety and insert in lieu thereof the foflowing: 413.1 Every building intended for human occupancy shall be provided with sanitary facilities as required by this Section and Table 4.1.' The occupant load used to determine the minimum number of sanitary fixtures shall be the occupant load established by the 2003 International Building Code in Section 1004 and Table 1004.1.2. The established occupant load shall be assumed to be one-half U male and one-half U female unless sufficient evidence to the contrary is supplied to the administra-tive authority. Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual number of employees on the largest shift. 413.2 Buildings with tre total occupant load of less than sixteen (16) may provide the required fixtures in a unisex restroom. Urinals need not be provided in unisex restrooms. Buildings with an occupant load of sixteen (16) or more shall provide separate facilities for each sex. Notes to Table 4-1: Continued on nex page ~'- . ~ <-\. - Ltll ~ \?j . ~ r, "Il , Fixtures Per Person 1 Type of Building' WaterC/osets/Uina/s9 Lavatories' Bathtubs DrinNng' or Occupancy . or Fountains Showers Male I Femae Male Femae For employee orstaff use in 1:1"15 1:1-15 1 for each 2 waler dosets all occupancies except indus- 2:16-35 2:16-35 or urinals trial warehouses, oorkshops, 3:36-65 3:36-65 factories, foundries and simi- lar establishments. Over 55, add 1 fixture for each additional 40 persons. For employee or staff use in 1:1-10 1:1-10 1 for each 2 water dosets 1 per150 industrial warehouses, oork- 2:11.,25 2:11.,25 or urinals shops, factories, foundries 3:26-60 3:26-60 and similar establishments. 4:51-75 4:51-75 5:76-100 5:76-100 Over 1 00, add 1 fixture for each additional 30 persons For public use Asserrbly places, ie. 1 :1-30 1:1-15 1:1-75 1:1-30 theaters, auditoriums, etc. 2:31-75 2:16-30 2:76.,200 2:31-100 1: 1-150 3:76-125 3:31-60 3:201400 3:101-200 4:126-200 4:51-100 4:201-300 2: 151400 5:201-300 5:101-150 , 5:301400 6:301400 6:151-200 3: 401-750 . r.201c2S0 . -- ~ - - and one 8:251-300 additional 9:301-350 fIXture for 10:351400 each additional 500 pe rson s Over400, add Over400, add Over400, add 1 fIXture 1 fixlu re for 1fixlu re for per 400 persons each 200 each 125 fe- , males males Dormiories - school or abor 1 per10 1 per8 1 per12 1 per12 1 per8 1 per 150 Ad d 1 fixtu re Add 1 fixture Over12, . Over12, Over150, for each 25 for each 20 add 1 per add 1 for add 1 per males over 10 fema13s over each 20 each 20 20 8 males fema13s , Hospitals , Individual room 1 perroom 1 perroom 1 per room , Ward room 1 per 8 beds 1 per10 beds 1 per20 beds , . I Insliutional- other than hos- 1 per25 1 per20 1 per10 1 per10 1 per8 1 per150 ! pitals or penal nstitutions Office or public buildings 1:1-15 1:1-15 1 for each 2 water c1Qsels 1 per150 2: 16-35 2:16-35, or urinals 3:36-65 3: 36-65 Over55, add 1 fixture for each aclditional 40 persons .- '- Table 4-1' ~. a'-\:.~<:..{\.l~ ~j_4~ 9; Wholesale to and retail 2:25()'500 2:250400 1 for each 2 water closels 1 for each stores 3:501-750 3:401-600 or urinals pairof . 4:751-1,000 4:601-600 restroom 5:801-1,000 faciities Overl,OOO Overl,OOO add 1 fixture add 1 fixture for each addi- for each addi- '.. tional 500 tional 400 fe- males males . ! Restaurants' which do not 1:1-50 1:1-50 1 for each 2 waler closels I serve alcohol 2:51-100 2:51-100 or urinals , 3:101-175 3:101-175 4: 176-300 4: 176-300 Over 300, add 1 fixture per 200 addijional persons i Restaurants' which serve 1 :1-30 1:1-30 1 foreach2 water closets alcohol, pubs and lounges 2:31-60 2:31-60 or urinals 3:61-100 3:61-100 4:101-150 4:101-130 5:151-200 5:131-160 ! 6:201-275 6:161-200 7:276400 7:201-300 ~- 8:301-400 / Over400, add Over400, add I , 1 fixture for 1 fixture for each 175 each 150 fe- , males males Schools' - fa" student use: Nursery 1:1-20 1:1-20 1:1-25 1:1-25 1 per150 2:21-60 2:21-60 2:26-60 2:26-60 Over50, add 1 fIXture for each Over 50, add 1 fixture additional 50 persons each addijional50 per- , sons Elementary 1 per25 1 per25 1 per35 1 per35 1 per150 Secondary 1 per30 1 per30 1 per40 1 per40 1 per150 OthelS (colleges, universities, 1 per30 1 per30 1 per40 1 per40 1 per150 . etc.) Worship places: , Educational and activities unit 1 per125. .' 1 per125 1 foreach 2 water closets.. .--'~ _a_. 1-4. per 150 - , or urinals Prindpal assemb~ place . 1 per150 1 per150 1 for each 2 water closets 1 per150 orumals Dwellings:' Single-family 1 per dwelling 1 perwater closet 1 per dwell- ing MulMamily 1 per dwelling unit 1 perwater closet 1 perdwell- I Ing unit ! Penal institutions: , Cell , 1 percell 1 percell 1 perfloor Exercise room 1 per exercise room 1 per room 1 per room '---- 1. Interpretation 01 Figures: The.fi~ures shOW!l are based upon one fixture being the minimum reqUired for the number of persons indicated. . n 2. Building Categories: Buikling categones not sh~? _ this Table shall be considered separately by the admln1s trative authority. .. be. ". 3. Drinking Fountains ReqUired:. There shall, a ml~1 mum of one (1) drinking fountain per. o~upled ~Ioor In schools, theaters, auditoriums, dor~itones, offices .or public buildings. Where breakroom sinks ~r ~a~e:r ~IS- pensers or cooler~ ~re accessible a require nn Ing fountain may be eliminated. . ". Drinking Fountains Prohibited. Drinking fountains shall not be installed in toilet rooms. . 4.Laundry Facilities: One automatic washer stafldplpe for each dwelling unit for single-family or duplex. For multi-family apartment buildings, one standpipe for each ten (10) apartments or fraction thereof.. , 5. Kitchen Sinks: One (1) for each dwelling Unit. 6. Washbasins: Twenty-four (24) lineal inches (609mm) of wash sink oretghteen (18) inches (456mm) of a circu- lar basin shall be considered equivalent to one lavatory when provided with water outlets for ,soch space. . . 7. General Provisions: In applying this schedule of facIli- ties consideration must be given to the accessibility of the 'fixtures. Purely numeric conformity may not result in an installation suited to the need of the individual estab- lishment. For example: Schools should be provided with toilet facilities on each floor having classrooms and in temporary working facilities, one water closet for each thirty (30) persons. 8. Restaurants: A restaurant is defined as ~ business which sells tood to be consumed on the premises. Employee toilet facilities are not to be incl~d- ed in the above restaurant requirements. Hand washing facilities must be available in the kitchen tor employees. Whenever urinals are provided, the total number of fixtures required. may be a combination of water closets and urinals. The number of water closets In such cases shall not be reduced to less than one-half U of the tOtal number required for the first six (6) fixtu~s n~r less than one-third (1/3) of the total number required If the total required exceeds six (6). . 10. Public Restrooms: .Wholesale and retail stores with an occupant load of less than five h~ndred ~.Cl'--\~4ll'\ % S-~ Delete Section 701.1.4 in its entirety and insert in lieu thereof the following: 701.1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that of copper tube Type l. Add New Section 701.1.5 as follows: 701.1.5 Copper tube for aboveground drainage and vent piping shall have a weight of not less than that of copper tubing Type M. Exception: Type DWV may be used in one and two-fami- ly dwellings. Section 703.1 Delete Section 703.1 in its. entirety and insert in lieu thereof the foUowing: 703.1 The minimum sizes of vertical and/or horizontal drainage piping shall be determined from the total of all fixture units connected thereto, and additional- ly, in the case of vertical drainage pipes, in accordance. wilt! their length. There shall be at least one four (4)-inch (100mm) drain pipe from thl;l sewer to the main drainage stack and no underground drainage piping shall be less than two (2) inches (50mm) in diameter. Section 710.1 Delete Section 710.1 in its entirety and insert in lieu thereof the following: 710.1 Drainage piping serving fiXIUres, !he flood level rims of which are located below the elevatiCin of the curb or property line at the point where the building sewe,r crosses under the curb or property line and above the crown level of the main sewer, shall drain by gravity into the main sewer and shall be protected from backfIow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. The requirements of this subsection shall apply only when it is determined nec- essary by the administrative authority or the engineers of the governing body, based on local conditions. Section 717.0 Section 717.0 is amended by adding the following sen- tence to the end of the seclion: The minimum size of any building sewer shall be four (4) inches (100mm). Section 807.4 Delete Section 807.4 in its entirety and insert in lieu thereof the following: 807.4 No domestic dishW8$hing-mliChine-shaII-,,~ directly connected to a drain-age system or food waste disposer unless an approved dishwasher air gap fitting is installed on the discharge side of the. dish washing machine or the discharge line of the dishwasher is looped as high as possible near the flood level of the kitchen sink. Listed air gaps shall be installed with the flood level (FL) marking at or above the flood level of the sink or drain board, whichever is higher. (500) need not pIOIIide ~ restrooms. Delete Section 501.0 in its entirely and inserI in lieu there- of the Iollowing: 501.0 General The regulations of this chapler shall govern the c0nstruc- tion, location, and installation of fuel buming and other water heaters heating potable water, together with ail chimneys, vents, and their connectors. All design, con- struction, and workmanship shall be in contormity with accepted engineering practices, manufacturer's inslalla. tion instructions, and applicable standards and shall be of such character as to secure the results sought to be obtained by this Code. No water heater shaD be here- inafter installed which does not comply in all respects with lhe type and mOOeI of each size thereof approved by the Administrative Aulhorily. A list of accepted gas equipment standards is included in Table 14-1. Delete Sections 903.2.1 and 903.2.2 in its entirety and insert in lieu thereof the following: 903.2.1 Copper lube for undergrQund vent piping shall have a weight of not less than that of copper tube Type l. 903.2.2 Copper tube tor aboveground vent piping shall have a weight of not less than that of copper tube Type M. Exception: Type DWV may be used in one and two-family dwellings. Section 904.1 Section 904.1 is amended by adding the following sen- tences to the end of the paragraph: Each building shall have a vent stack or slack vent eQual in size or larger than the required building sewer that shall extend through the roof undiminished in size. In residential buildings of four. (4) stories or less, a three-inch vent stack or stack vent shall be permitted. Residential buildings shall include hotels and motels. Section 603.2.3 is deleted. Delete Section 603.4.13 in its entirety and insert in lieu thereof the following: 603.4.13 Potable water supply to carbonators shall be protected by a stainless steel dual check valve with an atmospheric vent as approved by the Administrative Authority for the specific use. Delete Section 604.2 in its entirety and insert in lieu there- of the following: Copper tube for water piping shaH have a weight of not less than Type M copper tubing. Exception: Copper tube for unclerground water piping shall have a weight of not less than 'TYPe K copper tub- ing. Delete Section 605.2 in ib. <:n/h,61, ....inserl-ift.lielfth&ril-- of the following: 605.2 Independent fullway valves shall be installed on the supply and discharge sides of each water meter. Water piping supptying more than one bui1ding on anyone prem- iSes shall be s.upplied with separate fullway vatves to each building. Such shutoff valves shall be accessible at all limes. A fuHwa~ valve shall be installed on the discharge piping from water supply tanks at or near the tank. A full- way valve shall be installed on the cold water supply pipe to each water heater at or near the waler heater. Section 905.7 New Section 905.7 is added to read as follows: 905.7 In all new residential construction with a base- ment, at least one two-inch (2") dry vent shall be available in the basement. Section 906.3 Delete Section 906.3 in its entirety and insert in lieu thereof the following: 906.3 Vent pipes shall be extended separately or com- bined, the full required size, not less than twelve inches (12") above the roof or fire wall. FlagpoUng of vents is prohibited except where the roof is used for purposes in addition to weather protection. All venls within ten feet (10') of any part of the roof that is used for such other pur- poses shall extend not less than seven feet (7) above such roof and shall be securely stayed. <;? ~,~y Delete Section 906.7 in its entirety and insert in lieu thereof the following: .906.7 Frost or Snow Closure. Ver'll terminals shall be a minimum of three (3) inches (80 nfm) in diam- eter but in no case smaller than the required vent pipe. The change in diameter shaH be made at least one (1) fool (305 mm) below the roof in an insulated space and terminate not less than one (1) foot (305 mm) above the roof. Delete Table 10.1 in its entirety and insert in lieu thereof the following: . "The developed length between the trap of a water TABLE 10-1 HarilOntsl Distance of Tlap Anns (Except for wa1Br closet and similar fDd:uresr TraD Arm (Inches) Distance TI8D to Vent (Feet) 1 .....................................5 1 .... ....6 C _8 3... ....................... ...._.12 4 and larger... ...__12 Slope sha! be one<luar1er inch ( ") per foot. . closet or similar fixture (measured from the top of closet ring to inner edge of vent) and its vent shaU not exceed six feet (s'). Section 1205.3 Delete Section 1205.3 in its entirety and insert in lieu thereof the following: 1205.3 It shall be unlawful for any serving gas supplier, or person furnishing gas, to turn on, or inslaH any fuel gas or any gas meter or meters unless the valve is turned off and securely locked, until inspected and releaSed by the administrative authority. Section 1211.3.2 is amended by Sdding the following to the end of the section: (5) Fittings for CSST systems shal nol be installed in concealed locations. 14-56-3: Cross Connection Control - ProvlsiqnS. 1. Detinmons. The to\loWing defini- tions shall apply only to this Section For the purpose of this Section, these definitions supersede definitions given elsewhere in this Code. .. Approvad backfIow pr_n asaembIy lor conIainmen1. A baddIow prevention ........ bIy Ilstad br the UnMlrsity 01 Southam CaIlornia - Foundation !of Cross Connection Control and Hydraulic Research as having met the requirements of ANSI- AWWA Standard C510-89. Double Check Valve BackfIow- Prevention Assemblies or ANSI-AWWA Standard C511- 89, Reduced-Pressure Principle BackfIow-Preve.nt!OO Assemblies. all as amended. for containment The IlstlOg shaM include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association of Plumbing and Mechanical Officials. b. Approved backflow prevention assembly lor containment in a fire protection system. A backflow prevention assembly to be used in a fire proIeC;- tion system which meets the requirements of Factory Mutual Research Corpotation (FM) and Underw~iters LabOfatory(UL), in addition 10 the requirements of para- graph 1 (a). c. Auxiliary water supply. Any water supply on or available 10 the premises other than the approved water provider of publiC waler such as, but nol limited to, a pri\late well, pond or liver. d. Containment. A method of back- flow prevention which requires the installation ofa back- flow prevention assembly at the water service entrance. e. Cross connection. Arry connec. tion or arrangement between a potable water supply sys- tem and any plumbing fixture or tank, receptacle, equip- ment or device, through which it may be posslbte for non- potable, used, Unclean, polluted and contaminated water or other substance to enter into any part of such potable waler system under any COndition. f. Customer. The owner, operator or occupant of a building Of a property or of a private water system which has a water service from a publiC water sys- tem. g. Degree of hazard. The rating of a cross connection or water service which indicates 1he ~C!!D!if!!.!? cause contamination~Qf!~ ____ - '-\ \, '\ ~.lo \ ~ h. Double check valve backflow pre- vention assembly. A backflow prevention device consist- ing of two (2) independently acting, internally loaded check valves, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used ~haza_~_ i. High hazard cross connection. A cross cOnnection which may impair the quality of the - potable water by, creating an actual hazard to public heallh through poisoning or through contamination with sewage, industrial fluids or waste. . j. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross connection rather than at the water service entrance. k. Low hazard cross connection. A cross connection which may impair the quality of potable water to a degree which does not create a hazard to pub. lic health but which does adversely and unreasonably affect the aesthetic qualities of such potable water for domestic use. I. Reduced pressure principle back- flow prevention assembly. A backflow preven'tion device consisting of two (2) independently-acting, internally- loaded check valves, a differential pressure 'relief valve, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for high haz- ard.) m. Registered Ilackflow prevention assembly technician. A person registered with the Iowa State Heallh Department or its successor agency to test or repair backflow prevention assemblies and to report on the condition of those assemblies. n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. o. Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building, proper. ty or private water system or the act of providing potable water to a customer. 2. Administrative authority. a. For the purposes of 14-58-3 only, the administrative authority. is the City Council acting through such persons or agencies the City Council shall designate. b. The administrative authority shall have the right to enter any property to inspect for possible cross connection, upon consent of the customer or upon a search warrant .Issued by a court of appropriate juris- diction. c. The administrative authority may collect fees for the administration of this program. Fees shall be established by resolution of the City Council. d. The administrative authority shall maintain records of cross connection hazard surveys and of the instaUation, testing and repair of all backflow pre- vention assemblies installed to this City. 3. New water services. a. Plans shall be submitted by the contractor to the Cldministrative authority for review of aU new water services to determine the degree of hazard before a permit is issued. b. The administrative authority shall determine the type of backflow prevention assembly required for containment based on the degree of hazard. c. The administrative authority shall require the installation of the appropriate backflow pre- vention assembly for containment before the initiation of water service. 4. Existing water services. a. Upgrades of existing water servic- es shall be treated as new water Services for the purpose of 14-58-3. b. The administrative authority shall publish and make available to each customer a copy of standards used to determine the degree of hazard. c. After publication of the standards, the administrative authority shall give written notice of the provisions of this Section to customers whose premises are cJassified as single-family residential. d. Customers whose premises are not classified as single-family residential shall be notified that an on-premise survey will be conducted by the administrative authority to determine the type and degree of any hazards to the potable water system. e. The administrative authority shall determine the type of backflow prevention assembly required for containment based on the degree of hazard. as determined from information received from customers or gathered through on-premises investigations or sur- vays. f: Within the time frame specified, in writi~, by the administrative authority, the customer shal.1 install a backflow prevention assembly for isolation and ~ntain-ment as ~uired by the administrative~~hority._ ~ . C::,Y,-- Y.l\ "\ ~s'l~ <2; g. For existing water services, the administrative authority may inspect the premises to determine the degree of hazard. When high hazard cross connec-tions are found, the administrative authority shall, at its sole discretion: 1) develop a schedule of compliance which the customer shall follow or 2) terminate the water service until a backflow prevention assembly for contain- ment required by the administrative authority has been installed. h. Failure of the administrative authority 10 notify a customer that said customer is believed to have a high hazard cross connection and that said customer shall install backftow prevention assem- blies for containment in no way relieves a customer of the responsibility to comply with all requirements of this Section. 5. Customer. a. The customer shall be responsible for ensuring thai no cross connections exist without approved backflow protection within the customer's prem- ises starting at the point of service from the public POtable water system. b. The customer s"all, at the cus- tomer's own expense, cause install<tl:ion, operation, test- ing and maintenance of the backftow prevention assem- blies required by the administrative authority. c. The customer shall ensure the administrative authority is provided with copies of records of the installation and of all fesls and repairs'made to the backflow prevention assembly on the approved form with- in fifteen (15) calendar days after testing andlor repairs are completed. d. If a backflow incident occurs, the customEtt' shall immediately notify the City of Iowa City Water Division, lhe City of Iowa City Backflow Prevention Coordinator, and/or the City of Iowa City Plumbing Inspector and take steps to confine the contamination or pollution. 6. Required backflow prevention assemblies for containment - water services. a. A water service having one or more cross connections which the administrative authori- ty classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow prevention assembty. . b. Water services having no high hazard cross connecti~ but having one or more cross connections which the administrative authority has classi- fied as low hazard shaJl have an approved doubts check valve assembly. . 7. Required backflow prevention asSemblies for containment - fire Protection systems. a. A reduced pressure. principle backflow prevention assembly shall be installed on aJl new and existing fire protection systems which the administra- tive authority determines to have any of the following: 1. Direct connections from pu~ic water mains with an auxiliary water supply on the premises or avail- able to the premises for pumper conneclion. 2. Interconnections with auxiliary water SUpplies, such as reservoirs, rivers, ponds, wells, miUs or other industrial water systems. 3. Antifreezes or other additives in the fire pro- tection system. 4. Combined industrial and fire protection sys. terns supplied solely from the public waler mains, with or without gravity storage or plmp suction tanks. 5. Any other facility, connection or condlllon which may cause contamina-tion. b. All other fire protection systems shall have a double check'valve assembly. The double check vaJve shall be required on all new systems at the time of installalion and on existing systems when they are upgladed. 8. . Backflow prevention assembty technicians. a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa State Health Department or its successor agency. b. A backflow prevention assembly technician registeretl by the Stale shall include the tech- nician's registration number on all correspondence and forms required by or associated with this Section. . 9. Installation of backflow prevention assem- blies. a. All backflow prevention assem- blies shall be installed so that they are accessible for test- ing as stated in Section 603.3.4 of 2003 UPC. b. The required backflow prevention assemblies for containment shall be instaJled in horizontal plumbing immediately following the meler or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from any ~ranch piping. Installation at this point does not elim- inate the responsibility of the customer to protect Ihe water supply system from contamination or pollution between the backflow prevention assembly and the waler _---.m~_~.. _ _____ .' c. Reduced pressure principle back- flow 'Prevention assemblies shall be installed so as to be protected from flooding and shall not be installed in underground vautts or pits. . d. All backflow prevention assem- blies shall be protected from freezing. e. Thermai ~sioft--&l:laUbe--pro. vided for when installing a backflow prevention assembly which.uses hot water within the1system. f. Reduced pressure principle back- flow prevention assemblies shall be provided with the means to 9OflV8Y the discharge of water to a suitabte drain. ' g. No backflow pt"evention assem- bli8s shall be installed above an electrical panel. higher than the ceiling level or in any place where it would create a safety hazard. h. If interruption of water service dur- ing testing and repair of backfJow prevention assemblies for containment is unacceptable to the customer, two (2) backflow prevention assemblies, sized to handle the tem- porary water flow need during Ih.e time of test or repair, should be installed in parallel piping. i. All newly installed shut-off valves shall contonn to the requirements for either ball or resilient seal gate valves published in the current edition of the Manual of Cross-Connection Control (University of Southern California), as amended. Ball valves shall be used on assemblies installed in piping two inches (2") and smaller. and resilient seat gate valves shall be used on assemblies installed in piping larger than two inches (2"). 10. Testing of backflow prevention assemblies. a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly technician, and the costs of tests required by this Section shall be paid by the customer. b. Backflow prevention assemblies shall be tested upon installation and shaH be tested and inspected at least annually thereafter. c. Backflow prevention assemblies which are in place but which have been out of operation for more than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in seasonal applications shall be tested before oper- ation resumes each season. d. Any backflow prevention assem- bly which fails a periodic test shall be repaired or replaced. When water service has been tenninated for noncompliance, the baCkflow prevention assembly shan be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retest- ed by a registered backflow prevention assembly techni- cian after repair or replacement. . e. The registered backflow pnwen- tion assembly technician shall report ttta assembly within fifteen (15) calendar days of the testto.the customer and ' to the administrative authority on the form provided by the administrative authoritY. f. The administralive authority may require, at its own cost. additional tests 01 individual back. flow prevention assemblies as it shall deem necessary 10 verify test procedures and resi.lIls. 11. Repair of backflow prevention assemblies. a. All repairs to backflow prevention assemblies shall be performed by registered backfIow prevention assembly technicians. b. The registered backfIow prevention assembly technician shall not change or modify the design, materi- al or operational characteristics 01 a backflow prevention assembly during repair or maintenance and shall use only original manufacturer replacement parts.. c. The registered __ ","",",lion asHmIlly lechnician shall report the repair of a backflow prevention assembly within fifteen (15) calendar days of the repair to the customer and 10 the administrative authority on the form provided by the administrative authority. The report shall include the list of materials or replacement parts used and shall summarize the work performed. 12. Customer noncompliance. Water service may be discontinued if a customer fails.to cbmply with Section 14-5B-3. Noncompliance includeS, but is not limited to, the following: a. A customer's refusal to grant access to the property for the purpose of perfonning inspections required by this Section. b. Removal of a backflow prevention assembty which has been required by the administrative authority. c. Bypassing a backflow prevention assembly which has been required by the adminislra-tive authority. d. Providing inadequate backflow prevention when cros!l_9onnections ex~ _ ___ _ ~'J.-. ~'-\ - <-\\ \ ~ t? .:J e. Failure to inslaH, test and/or prop- erly repair a backllow prevention assembly which has been required by the administrative authority. f. Failure to comply with the require- ments of this Section. g- Deliberate falsfficalion of- docu-' mentation concerning the backflow prevention assemblies or possible cross connections. 14-58-4: GARAGE FLOOR DRAINS: Garages and other structures lor the housing, sale. repair or tor commercial washing of automobiles. which connect with the sewer, shal be" provided with a proper means for draining the floors and repair pits so thai no drainage therefrom shall flow OYer any street, alley, sieja.. walk or pavement approach. Such drains shall be con- structed with a device tor catching sand. sih or other solids and shaH have a seal deWh of not less than six inches (6") above the sand receiver. The drain outlet shall not be smaller than a tour-Inch (4") connection. All mate- rials used for vents and waste lines shall conform with the other provisions of this Code. The trap shall be c0n- structed of cast iron, cement or hard bumed brick laid in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naphtha or other inflammable solutions or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains and traps must be approved by the Administrative Authority. Exception: In garages regulated by the Building Code the trap may be conslructed with other watertight materials and the drain may be piped with two (2) inch PVC as approved by the Administrative Authority. 14-58-5: CONNECTIONS TO THE PUBLIC SANITARY SEWER: A. The junction pieces, slanls or wyes buill Into the sanitary sewer during construction must be used for connecting all private sewers or house drains unless spe- cial permission to use other means is endorsed on the permit. Before making a connection to the publiC sewer, the ptumber shall excavate and clear a trench aI the poW: of connection. The actual connection with said junction piece, slanl or wye fOOst be made in the presence of the Administrative Authority. The cover on the wye branch on the sewer should be carefully removed to prevenl injury to the socket. B. If there is no junction piece, slant or wyes already. in the sewer, the Wastewater Superintendent shall be notified thal a lap will be necessary. The exca. vation shall be property prepared by the plumber and the sewer main completely UI1COY8red. A City crew will inspect the tap made by the contractor or make the lap and install a sewer sa~dle for the plumber. C. In all cases, the excavation showing the con- nections shall be kept open by the plumber until the exca. vatian has been inspected by the City. SECTION 5. REPEALER. All ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. SECTION 6. _ PENALTIES FOR VIOLATIONS. The viola- tion of any proviSion of this ordinance is a municipal infraction. SECTION 7. SEVERABILITY. tf any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjucication shall nol affect the validity of the Ordinance as a whole or any section, provi- sion or part thereof not adjudged invalid or unconsti- tutional. SECTION 8. EFFECTIVE DATE. This Ordi-nance shaI be in effect July 1, 2004. Passed and approved this 20th day of April, 2004. stErnest W. Lehman, Mayor Attest: slMarlan K. Karr, City Clerk 59315 ApriI28,2004 ~ ~\ ';? ,~ 1 --= -~... f~'ai~~ -"::"'~"Sr~IIDI' .....~ 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. 04-4120 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of April, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 28th, 2004. Dated at Iowa City, Iowa, this 17th day of May, 2004, ~ ~ . \" ~ "T'^ ^, \J J' . Voparil '-' Deputy City Clerk Printer"s Fee $ 3'17 <-I CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): ;\ ~ (" . L. ').. f-.) d-f)OY ~~ Legal Clerk Subscribed and sworn to before me this day of A.D, 20 , ' -J, ~. Notary Public @.. . ! D" ORLENE MAHER commlsston Number 115848 My Commission Expires April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. O~120 AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE 0, MECHAN- ICAL CODE, BY ADOPTING THE 2003 EDITION OF THE INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE INTERNATIONAL CODE COUN- Cil, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PRO- VIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY. OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE;; CITY COUNCil OF THE CITY OF IOW1\ CITY, IOWA: ' . SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2003 Edition of the International Mechanical Code as published by the International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safe- ty of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 14-50.1, 14- 50-2, and 14-50.3 of the City Code are hereby repealed and the following new Sections 14.50-1, 14-50-2 and 14-50-3 are enacted in lieu thereof. 14-50-1: Code adopted: Subject to the following amendments, the 2003 Edition of the International Mechanical Code (IMC) is hereby adopted and shall be known as the Iowa City Mechanical Code or the Mechanical Code. Interpretations of the Building Official may be guided by publications of the International Code Council; Inc., or the International Existing Building Code. 14-50-2: Interpretation of Mechanical Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection 01 the health, safety and welfare of the cit- izens of Iowa City. Any higher. standards in. the state statute or City ordinance shall be applicable. 14-50-3: Amendments to Code: The following sections of the 2003 edition of the International Mechanical Code are amended as follows: A. Section 101.1. Insert: "Iowa City~. B. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following: Section 106.5.1 Work commencing before permit issuance: Any person who commences wor~ on a building, struc. ture, electrical, gas, mechanical or plumping system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be col- lected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penal- ly prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emer- gency existed that required the worK to be done without a permit. C. Section 106.5.2. Delete Sections 106.5.2 and insert in lieu thereof the fol- lowing: 106.5.2 Permit Fees. The fee for each _ permi.t. ::;;_~all be as ~et. fortt:LJa...1b&..- mechanical permit fee scfiedUle as established by resoluHon of the City Council. D. Section 106.5.3. Delete Section 106.5.3 and insert in lieu thereof the fol- lowing: 106.5.3 Refunds. The Building Official may authorize .the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not author- ize the refunding of any fee paid except upon written application filed by the origi- nal permittee within one hundred eighty (180) days from the date of fee payment. E. Sections 108.4 and 108.5. Delete S~tions 1 08.5 and 108.5. F. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the fol- lowing: Section 109 Appeals. See Section 14- 5M Appeals in the City Code. SECTION III. REPEALER. All ordi- nances and parts of ordinances in confliot with the prolJi-sions of this Ordinance are hereby repealed. SECTION IV. PENALTIES FOR VIO" LATIONS: The violation of any provision of this Ordinance is a municipal infrac- tion. S.ECTION V. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sha!1 not affect the validity of the ~n:'lnance as a whole or any section, pro- VISton or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2004. Passed and approved this 20th day of April, 2004. sfErnest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 59317 April 28,2004 ,~ 1 --= _.JIo!t .-.......... ga...... f~lfNlS ~~~IIDI' ........ .. 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. 04-4121 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of April, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 28th, 2004, Dated at Iowa City, Iowa, this 17th day of May, 2004. (~~O \,-~~:1 . Julie . oparil " Deputy City Clerk ~. \ \ s- 0-vJ.. 1.:lY,- '--\\~ \ Printer's Fee s.3.lii4. g).. CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): i\-iDV-,'L :J..?, d-.()(') Y i / ~0fA c~ Legal Clerk Subscribed and sworn ::1efore me this ~ lr-~. day of (lr A.D, 20 (J L\ , \ = '- ~)" \; ~ '\'.J~ Notary Public iJ ORLENE MAHER ~ Commislion Number 71.. . , My Commlnlon ~ ... April 2, 200~ Chief Electrical Inspector. A Building Inspector who either is the authority hav- ing jurisdiction or is designated by the authority having jurisdiction and is responsible lor administering the require- ments of this Code. Electri~1 Inspector. A Building Inspector authOrized to perform electrical inspec- tions. C. Section 80.9 Modify by adding parts. "D" an~/'E" to the end of the section as follows:" (0) Maintenance: All electrical systems and equipment, both existing and new7 and all parts thereof shall be maintained in a proper operating condition in accor- dance with the original design and in a 2afe and hazarcf-free condition. AU devices or safeguards which are required by this Code shall be maintained in con- formance with Ihis Code. The owner or designated agent shall be responsible for the maintenance of the electrical system. To determine compliance wilh this sub- section, the Building Official may require any electrical system to be re-inspected. (E) Moved Buildings: Electrical systems ~nd equipment which are part of build- Ings or structures moved into or within t~i~ jurisdicli.on shall comply with the pro- VISIons of th.s Code for new installations. D. Section 80.13 modify by adding a sen- tence to the end of part (16) and insert- ing (17), (18) and (19) as follows: (16) Expenses for test verification required by the Building Inspector shall be made at no expense to this jurisdic- tion. (17) Stop Orders: When work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such -work to be done, and such persons shall immediately stop such wo~k. until authorized by the Building Off.c,alto proceed with the work. (18) Connection Alter Order To Disconnect Persons shall not make con- nections from any energy or power sup- ply nor supply power to an electrical sys- tem or equipment which has been dis- connected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontin- ued by the Building Official until the Building Official authorizes the reconnec- tion and use of the electrical system or equipment. (19) Public Nuisance. Unsafe' electrical systems or equipment are hereby declared 10 be public nuisances and shall ~~ abated'by repair, rehabilitation, demo- 1,lIon or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous BUIldings, as amended, or an alternate pr~ce?u~e as _ may be adopted by this JUrisdiction. As an alternative the ~uilding <?ff!cial or other employee ~r offi- Cial of thiS .JUrisdiction as designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. .E. Se~tion 80.1 ~ modify be deleting it in lis entIrety and Insert In lieu thereof the following: 80.15 Appeals' See Section 14-SM Appeals in the City Code. F. Section 80.17 modify be deleting jt in its entirety. G. Section 80.18 modify by inserting a new Section 80.18 as follows: 80.18 Licenses: See Section 14-5L of the City Code. ~- S~ion 80.19 modify be deleting it in Its entirety and Insert in lieu thereof the followioo: OFFICIAL PUBLICATION ORDINANCE NO. 04-4121 AN ORDINANCE AMENDING SECTION 14, CHAPTER S, ARTICLE C, OF THE IOWA CITY CODE BY ADOPTING THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE INCLUDING ARTI- CLES 80 AND 90, WITH AMEND- MENTS, AS THE IOWA CITY ELECTRI- CAL CODE, REGULATING THE PRAC- TICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTE- NANCE, EXTENSION AND ALTER- ATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLEC- TION OF FEES; AND PROVIDING PENALTIES FOR VIOLATIONS. Be it enacted by the Council of the City of Iowa City, Iowa: SECTION I. SHORT TITLE. This ordi- nance shall be known as the Iowa City Electrical Code, or Electrical Code, and may be so cited. SECTION II. PURPOSE. The purpose of this ordinance is to adopt the 2002 edi- tion of the National Electrical Code as prepared and edited by the National Fire Protection Association and to provide certain amendments thereto. to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; and to provide for its enforcement. SECTION III. Scope. This ordinance shall apply to and govern electrical work. as defined in the Electrical Code, includ- ing the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fix- tures, appliances and appurtenances in connection with any at the following: wiring or piping on pUblic: or private elec- trical systems. within or on any building or other structure; and the practice and materials used in the installation, mainte- nance, extension or alteration of electri- cal systems, to connect with any point of public or private structure. SECTION IV. Adoption of Electrical Code Sections 14-5C-1 through 14-SC- 28 of the Code of Ordinances of the City of Iowa City is hereby repealed and the following new sections 14-SC-1 through 14-SC-2 are enacted in lieu thereof. SEC. 14-5C-1. CODE-ADOPTED. Subject to the amendments described in Section 14.SC-2 below, Chapters 1 through 9 including Articles 80 and 90 of the 2002 Edition of the National Electrical Code are hereby adopted. SEC. 14-5C-2. AMENDMENTS. The electrical code adopted by Section 14-5C-1 of this chapter is hereby amend- ed as follows: *"Section 00_1 modify by lettering exist- ing text with a letter designation (A) and adding new section (B) as follows: (B) ViQlations: It shall be unlawful for any person, firm or corporation to construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain an electrical system or equip- ment or cause or permit the same to be done in violation of this code. B. Section 80.2 modify the following defi- nitions to read as follows: 80.2 Definitions Authority Having Jurisdiction. The organi- zation, office, or individual responsible for approving equipment, materials, an _ irlstallation,_o~~yr.QC~~~ _~ ~'" 80.19 Permits: --(1'\) Permits Required: EX?3pt as. speci- fied in subsection B of thIs SectIOn, no electrical work regulated by this Gode shall be installed, "altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the Building Official. (B) Exempt Work: An electrical .permit shall not be required lor the following: 1. Portable motors or other portable appliances energized by means 01 a cord or cable having an aUachment plug end to be connected to an approved recepta- cle when that cord or cable is permitted by this Code. 2. Repair or replacement of fixed molors, transformers or fixed approved appli, ances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current-car- rying parts of any switch, con1ac1or, con- trol device or contact device of the same type and/or rating. 5. Replacement of any overcurrent device of the required ampacity and inter- rupt rating in the same location. . 6. Repair or replacement of electrodes or transformers of the same size and capac- ity fOf signs or gas tube systems. 7. Temporary wiring for experimental pur- poses in suitable experimental laborato- ries. 8. The wiring lor temporary the- ater, motion picture or television stage sets. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances of this juris- diction. (C) Application for Permit 1. Application: To obtain a per- mit, the applicant shall first file a written application on a form furnished by the Code enforcement agency. or its succes- sor, for that purpose. Every such applica- tion shall: a. Identify and describe the work to be covered by the permit for which applica- tion is made. b. Describe the land on which the pro- posed work is to be done by legal description, street address or similar description thai will readily identify and definitely locate the proposed building or work. c. Indicate the use or occupancy for which ,the proposed work is intended. d. Provide plans, diagrams, computations and 'specifications and other data as required in subsection 2 of this Section. e. The permittee, or authorized agent, must sign the application. f. Give such other data and information as may be required by the Building Official. 2. Submittal Documents: Plans, Diagrams, Etc.: Plans, specifica- tions, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The Building Official may require plans, computations and specifications to be prepared and designed by an engi- neer or architect licensed by the Stafe to practice as such. a. Exception: The Building Official may waive the submission 01 plans, calcula- tions, etc., if the Building Official finds that the nature of the work applied for is such that review of plans is not neces- sary 10 o~in come!!ance with thi~~~_ 0,-\ - ~ \. ~ \ 3, Inlormation On Plans And Specifications: a. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarily to indicate Ihe location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordi- nances, rules and regulations. -6. Plans lor buildings more than two (2) stories in height of other than Groups R, Division 3 and M Occupancies shall indi- cate how required structural and fire- restrictive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes and similar systems. (D) Permittee: 1. An electrical permit may be issued to any person holding a valid master electri. cian license issued by the City, or to any company who employs a duly licensed master electrician on a full-time basis who supervises the work of the electri- cians during the company's normal busi- ness hours. 2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for resI- dential purposes, 10 do any work regulat- ed by this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connec- tion with the permit. All work shall comply with this Article. Applicants for a home- owner's permit shall pass the designated exam before a permit may be issued. 3. The homeowner's test required in sub- section B of this Section may be waived if the applicant is. a duly licensed electrician in the Iowa City area with a minimum of a journeyman status. (E) Permits Issued 1. Issuance a. The Building OHicial shall review the application, plans and specifications, and other data, filed by an applicant for a per- mit. Other departments of this jurisdiction may review the plans to verify compli- ance with any applicable laws under their jurisdiction. When the Building Official finds that the work described in an appli- cation for a permit and the plans, specifi- cations and other data filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that all pertinent fees specified in Section 14-SC,2S of this Article have been paid, the Building Official shall issue a permit to the applicant. b. When the Building Official issues a per- mit, the plans and specifications shall be endorsed in writing or stamped "APPROVED". Such approved plans and specifications shall not be changed, mod- ified or altered without authorization from the Building Official, and all work regulat- ed by this Code shall be done in accor- dance wilh the approved plans. c. The Building Official may issue a per- mit for the construction of part of an elec- trical system belore the entire plans and sp~tions for the whole system have been. $iJbmi<<ed or approved, provided adequateinlormation and detailed state. ments have been filed complying with all pertinent requirements of this Code. However, the holders of such permits shaH proceed at their own risk without assurance that the permit for the entire building, structure or building service will ~.9@l1ted,-----____ ___ ~-J' ~\ S- 2. Retention Of Plans: a. One set of approved plans. speCifica- tions and computations shall be retained by the Building Official until final approval of the work is given. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times while the work authorized there- by is in progress. 3. Validity Of Permit: a. The issu81lce of a permit or the approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation at any of the provisions of this Code, or of any other ordinance of the jurisdiction. Permits pre- suming to give authority to violate or can- cel the provisions of this Code or other ordinances of the jurisdiction shall not be valid. b. The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from fhereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder -when in violation of these codes or of any other ordinances of this jurisdiction. 4. Expiration: a. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void, if the building or work author- ized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such per- mit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighly (180) days. Before such work can be recommenced, a new permit shall be first obtained. and the fee therefor shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such _ work; and provided further that such suspen. sion or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shalt pay a new full permit fee. b. A permittee holding an unexpired per- mit may apply for an extension of the time within which work may be commenced under that permit when the permittee is unable to commence work within the time required by this Section for good and sat. isfactory reasons. The Building Official may extend the time for action by the per- mittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that cj(~_ cumstances beyond the control of the permittee have prevented action from being taken. 5. SuspenSion or Revocation: The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code if the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the jurisdiction. (F) Insurance: Before any permit to perform electrical work may be issued, the appli- cant shall have on file with the Building Official a copy of a certificate of insur- ance stating the liability amounts of no less than three hundred thousand dollars ($300,OOClOO) property damage and five hundred thousand dollars ($500,000.00) bodily injury. The Cily shall be named as additional insured. The policy shall also provide for at least ten (10) days' notice by the insurer to the Cily,oftennination of the policy by the insured or insurer. Electrical permits issued under subsec- tions 80.19.0.1 & 2 of this Article shalf be exempted from this insurance require- manl. ~~ (::,'--\.- Y;\~l (G) Fees: 1 . Permit Fees: The fee for each electrical permit shall be as set forth by resolution of City Counci1. 2. Work Commencing Before Permit Issuance: Any person who commences work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to a fee equal 10 the amount of the permit il a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shaH not exempt any person from compliance with all other provisions of this Gode or from any penalty prescribed by law. Only Ihe Building Official may reduce this fee when it is demonstrated that an emergency existed thai required the work to be done without a permit. 3. Fee Refunds: The Building Official may authorize the relundipgpf any fee paid thereunder which was erl'Oileous- Iy paid or collected. The Building;:Qtficial shall not authorize the refunding'of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. (H) Inspections: 1. General: a. All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Building Official, and the electrical system shall remain accessible and exposed tor inspection purposes until approved by the Building Official. b. It shall be the duty of the permit appli- cant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for the expense of removing or replacing any material to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final i~i~ be made. Electrical systems and equipment regulated by this code shall not be connected to the energy source until authorized by the Building Official. c. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 2. Inspection Requests: a. II shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official . may require that every request for inspec- tion be filed at least one working day ~oresuch inspection is desired. Such ,request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting inspections required by this code to pro- vide access to and means lor inspection of such work. 3. Operation Of Electrical Equipment: a. The requirements. of this section shall not be construed to prohibit the operation of any electrical system or equip- ment installed to replace existing equip- ment. The request for inspection of such equipment must have been filed with the Building Official not more than forty-eight . (48) hours after such replacement work is completed and belore any portion of such electrical system is concealed by any per- tTl_~n~nt portion of the building. 4. Other Inspections: a. In addition to the called inspections required by this code, the Building Official may make or . require other inspections of any work to ascertain compliance wilh the provisions of this code and other laws which are enforced by the .code enforce- ment agency or its successor. S. Reinspections: a. incomplete Work: A reinspection fee may be assessed lor each inspection or reinspect ion when such portion of work for which inspection is called is not complete or when corrections called for are not made. This provision ;s not to be inlerpret~ ed as requiring reinspect ion fees the. lirst time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections belore the job is. ready for such inspection or reinspections. b. Failure To Firovide Plans Access: Aeirispection fees may . b~ assessi3'd. wher1 lhe approved plans are ~~; M'Lf'J a.ailabJe 10 the inspector; lor failure to provide access on the date lor which. ,inspection is requested, for not completing the corrective actions from . original inspections, or for deviating from . pjans requiring the approval 01 the Building Official. To obtain a reinspection, the applicant . shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee as set by res- olution of city council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (I) Inspectipns: 1. Energy Connections: An electrical sys- tem or equipment regulated by this code lor which a permit is required shall not be : co~nected to a source of energy or power until approved by the Building Official. 2. Temporary Connections: The Building Official may authorize the temporary con- nection of the electrical system or equip- ment to the source of energy or power for .the purpose of testing the equipment, or for use under a temporary certificate of occupancy. I. Section 80.21.C Modify by deleting in its .. paragraph lettered "C". J. Section 80.23 Modify by deleting it in its entirety. K. Section 80.25 Modify by deleting it in its entirety and insert in lieu thereof the fol- lowing: 60.25 Connection to Electricity Supply. (A) Authorization. II shall be unlawful for any person, firm, or corporation to make connection to a supply 01 electricity or to supply electricity to any electric equipment installation for which a permit is required or that has been disconnected or ordered to be disconnected. (B) Special Consideration. By special permission of the authority having jurisdiction, temporary power shall be per- mitted to be su~plied to the premises for specific needs of the construction project. (C) Disconnection. Where a con- nection is made to an installation that has not been inspected, as outlined in the pre- ceding paragraphs of this section, the supplier of electricity shall immediately report such connection to the Building Inspection Division. If, upon subsequent inspection, it is found that the installation is not in conformity with the provisions of Article 80, the Building Inspection Division shall notify the person, firm, or corporation making the installation to rectify the detects and, if such work is not completed within fifteen (15) business days, or a longer period as may be specified by the Building Official. the Building Official shall have the authority to cause -the discon- nection of that porlion of the installation _ that iSllot in~nfor_mily,--_____ ~j.~ \. S-- 'L, Section 80.27 Modify be deleting it in its entirety. . M. Section 80.29 Modify be deleting it in . its entirety and insert in lieu thereof the fol- . lowing: 80.29 Liability: ~ (A) T~e Building Official, or an authorized representative charged with _ the enforcement of this Code, acting in good faith and without malice in the dis- charge of duties, shall riot be personally ,liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the dis- charge of duties. I (B) . This Code shall not be con- ~trued to relieve or lessen the responsibil. ,Ity ,:,f a person. o~ning, operating or con- trolli~g any ~ddlOg, structure or building servtce eqUIpment therein for any dam- ages to persons or property caused by . defects, nor shall the Code enforcement agency or its parent jurisdiction be held as . assuming such . liability by reason of the inspections authorized by this Code or approvals issued under this Code. N. Section 80.31 Modify by deleting it in its entirety. . O. Section 80.33 Modify by deleting it in its entirety. p. Section 80.35 Modify by deleting it in its entirety. Q. Article 100, modify by adding the fol- lowing definitions: Approved agency is an established and recognized agency regularly engaged in con~ucling tests or furnishing inspection serVices, when the agency has been approved by the Building Official. Building Code is the International Building Code promulgated by the International Code Conferer:lce, as adopted by this jurisdiction. Building Official is the officer charged with the administration and enforcement of this Cod~, or a duly authorized representative, and IS the authority having jurisdiction for this code. Code Enforcement Agency is the depart- ment, division or agency of this jurisdiction charged with the function of code enforce- ment and shall be under the administra- tion and operational control of the Building OffIcial. Electrical Code is the National Electrical Code promulgaled by the National Fire ~r?te~ti?n Association, as adopted by thJs JUriSdICtion. Electrical work is all uses installations alterations, repairs, remo~als, replace~ ments, connections,. disconnection and maintenance of. all premises wiring sys- tems. Electrician, apprentice is any person who works under the supervision and guid- ance of a licensed journeyman or licensed Master Electrician for the purpose of learning the electrical trade. ~Iectrician, journeyman is any properly hcens.ed person who is allowed to perform elect~lcal work only under the supervision of a licensed master electrician. ~lectrician, maintenance is any properly licensed person wh9 is a regular employ- ee of a manufacturing or industrial eslab- lishment or a commercial or residential prope,rly management firm, who does electrical work for that establishment or firm ~nly, and who maintains the existing electrical equipment within the building or group of buildings. ~lectrician, master is any properly licensed person who undertakes or offers to undertake to plan for, layout. supervise or perform electrical work with. or without compensation. Mul~iple occupancy building is a building ha~lng more ~han one tenant and may be a single or mlxep--use group as classified by the Building Qade. Occupancy is the purpose for which a ~uilding, 01' part thereof, is used or is Intended to be used. R. Article 1 ~ Mod.ify ~y deleting I "Wet Location" and Insert In lieu thereof, the following Wet Location. Installations underground or in concrete slabs or masonry in direct contact with the earth, and locations sub- ject to saturation with water or other liq_ uids, such as vehicle washing areas, and locations exposed to weather and unprO-1 tected. A zone measured 1 ft. horizontally and B ft. vertically from the rim and or thresholds of all tubs and or showers will be included. This zone is all encompass- ing and includes the zone directly over' these types of installations. - S. Section 210.B.A Modify by deleting #7 in its entirety and insert in lieu there of the following. (7) Wet Bar Sinks - Where the receptacles are located within 6 ft (1.83 m) of the outside edge of wet bar sinks, laundry sinks, mop sinks and or of the like. T. Section 210.8.B Modify by adding parts (A) & (B) to #3 as follows: (3) Kitchens A. Where general conveyance receptacles are installed to serve counter- top surfaces, food prep surfaces or areas of the like. B. Where the receptacles are located with. in 6 ft (1.83 m) of the outside edge of a water source such as wet bar sinks, mop sinks, dishwasher areas and or areas of the like. U. Section 210.11.G.3 Exception Modify be deleting the exception in its' entirety and insert in lieu thereof the fol- lowing Exception: I Exception: Where the 20-ampere circuit ~p'ics a single._bathroom, outlets for other equipment within the same bath- room shall be permitted to be supplied in accordance with Section 210.23.A, pro- viding there is a'minimum of one lighting outlet installed outside 01 the wet location area, that will remain illuminated when the GFGI protecting the said bathroom recep- tacle(s) and luminaries has been activat- ed. V. Section 210.52.A.2 Modify by adding an exception as follows: Exception: Those railings that are serving as a guardrail for hallways or walkways which are of the open type railing. W. Section 21O.52.G.2 Modify by deleting it in Its entirety and insert in lieu thereof the following: (2) Island Counter Spaces. Receptacle outlets shall be permitted to be installed at each island counter space. X. Section 210.52.C.3, Modify be deleting it in its entirety and insert in lieu thereof the following: (3) Peninsular Counter Spaces. At least one receptacle outlet shall be installed at each peninsular counter space with a long dimension of 600 mm (24 in.) 01" greater and a short dimension of 300 mm (12 in.) or grealer. In the absence of this at least two duplex receptacle outlets shall be installed at the wall where the peninsular counter space intersects the structural wall. A peninsular countertop is measured from the connecting edge. y. Section 210.52.H, Modify be deleting it in its entirety and insert in lieu thereof the following: (H) Hallways. In all single and mul- tifamily dwelling units, hallways of 10 It (3.05 m) or more in length, or 30 or more square feet, shall have at least one duplex receptacle outlet installed. For common corridors, hallways and exit accesses of multifamily dwellings, no point along this hallway shall be farther than 15 feet from anyone receptacle. As used in this subsection, the hall length shall be considered the length along the centerline of the hall without ~~sing ~1"?_':J9h a doorway. __ ~. <::''--\- Y\~ \ L. Section 210.52 modified by adding part (I) as follows: (I) Water Conditioning Equipment. In dwelling units, a receptacle for the water conditioning equipment shall be installed. It shall be installed within a 6' zone, and in the same room, of where the said equipment is normally set. AA. Section 210.70 A.1 , Modify be delet- ing it in its entirety and insert in lieu there. of the following: (1) Habitable Rooms. At least one wall switch shalt be installed controlling the lighting outlet(s) in every habitable room and bathroom, and conveniently located within 5 foot of each main entry(s) - to that room. The 5.foot measurement shall be measured from the door's edge. BB. Section 225.19.0.2 Modify be deleting it in ils entirety and insert in lieu thereof the following: (3) Vertical Clearance. Final spans of feeders or branch circuits to a building they supply or from which they are led shall be permitted to be attached to the building, but they shall be kept not less than 3 ft (914 mm) from windows that are designed to be opened, doors, porch. es, balconies, ladders, stairs, fire escapes, or similar locations. Vertical clearance of final spans above, or within 3 ft (914 mm) measured horizontally 01, plat- forms, projections, and walking and/or sit. ting surfaces of a nominal 6" board width or wider Of any other surface from whiCh they might be reached shall be maintained in accordance with Section 225.18. CG. Section 230.9.B Modify by deleting it in its entirety and insert in lieu thereof the following: (B) Vertical Clearance. Service conductors installed as open conductors or multiconductor cable without an overall outer jacket shalf have a ck1larance of not less than 3 ft (914 mm) from windows that are designed to be opened. doors, porch- es. balconies, ladders, stairS, -fire escapes, or similar locations. Vertical clearance of final spans above, or within 3 ft (914 mm) measured horizontalty of, platforms, projections, and walking and/or silting surfaces of a nominal 6" board width or wider or any other sur- face from which they might be reached shall be maintained in accordance with Section 230.24.8 . DO. Section 230.50 Modify by adding a "#1" to the existing exception and adding. Exception #2 as follows: Exception No.2: Rigid nonmetallic con- duit suitable for the location shall be accepted in exposed installations in lengths of less than 6 feet total. EE. Section 230.79 Modify be deleting il in its entirety and insert in lieu thereof the following: Section 230.79 Rating of Service O!sconnecting Means. The service disconnecting means shall have a rating not less than the load to be carried, determined in accordance with Article 220. In no case shall the rating be lower than Specified in (a), (b), (c), or (d). . (A) One-Circuit Installation. For installa- tions to supply only limited loads of a single branch circuit, the service discon- necting means shall have a raling of not less than 15 amperes. (8) Two-Circuit Installations. For installa. tions consisling of nol more than two 2- wire branch circuits, the service discon. necling means shall have: a rating 0' not less than 30 amperes. (C) One-Family Dwelling. Shalf be sized according to the fl;:dfowinQ:,__ _____ ~ j If\ s (1) RPD.1 Service: For a single family dwelling, and single dwelling unils local- ed in a multi-family dwelling structures, which have up 10 2500 square feet of fin- ished floor space or space that could be finished, shall have a minimum 100 amp rated overcurrent protection device, The conductors supplying this service _ shall be sized in accordance with Table 310.16. (2) RPD.2 Service: For a single family dwelling, and~I]Q!~~-u~e eel in a Miilti-lamUy d~ling structures, which have 2500 105000 square feet of finished floor space or space that could be finished, shall have a minimum 200 amp rated overcurrent prolection deVice. The conductors supplying this service shall be sized in accordance with Table 310.16. (3) _ RPD.3 Service: For a single family dwelling which has more than 5000 square feet of finished floor space or space that could be finished, shall have a minimum 400 amp rated overcurrent protection device. The conductors sup- plying this service shall be sized in accordance with Table310.15.B.6. (D) All Others. For all other iRStallations, the service disconnecting means ,shall have a rating of not less than 60 amperes. Exception: Single dwelling units located in a ,muUi-family dwelling structure with provisions for gas fired appliance(s) only (ranges, dryers, and heating) sh~11 have a minimum of a 60 amp rated maIO over- current prolection device~ The conduc- tors supplying this feeder panel shall be sized in accordance with Table 310.16. FF. Section 250.62 Modify by deleting it in its entirety and insert in lieu thereof the following: 250.62 Grooodlng Electrode Conductor Material. The grounding electrode con- ductor shall be of copper. The material shall be resislant 10 any corrosive condi- tion existing at the installation or shall be suitably protected against corrosion. The conductor shall be solid or strand- ed, insulated, covered, or bare. GG. Section 250.64.A Modify be delet- ing it in its entirety and insert in lieu thereof the following: (A) Aluminum or Copper-Clad Aluminum Conductors. Insulated or bare aluminum . or copper.clad aluminum grounding conductors shall not be used for any part of 1he grounding electrode system. HH. Section 250.64.B Modify byaddi<19 an Exception as follows: Exceplion: Grounding Electrode Conductors routed to the exterior of the dwelling or structure shalf not have more than 24" of the conductor exposed above grade. When in excess of 24~ one of the following forms of proteclion will be approved; rigid metal conduit, inter- mediate metal conduit, rigid nonmetallic,. conduit. - II. TABLE 250.66. Modify by deleting it in its entirely and insert in lieu thereof the following Table: Table 250.66 Grounding Electrode Conductor for A"ernating-Current Syslems Notes: 1. Where multiple sets of service- entrance conductors are used as per- mitted in Section 230-40, Exception No. 2_, the equivalent size of fhelargest service-entrance conductor shall be determined by the largest sum of the areas of the corresponding conductors of each set. 2. Where there are no service-entrance conductors, the grounding electrode conductor size shall be determined by the equivalent. size of the largest seN- ice-entrance conductor required for the load to be served. SID of LIIrgnt &.rvklIt- Entnlncec:::OfIductorOf EqulV..nt -AiD fur Pal1lllel .,."..,..,.. ...of ........ E_ E_ .......... Aluminum or Copper-Clad Aluminum 110 or smaller 2JOor3l0 410 or 250 kcmll ~er 250 kernil Ihrough500 ""'- Over 500 kcm~ through 900 ""'. ~er900kc:mll through 1750 ""'. ~er1756kcmll CoDD8/' 20rsmaller 16f1fO 2I<l~3IO Ovar3lO through 350 ""'. Over 350 kcmllthrough ...""'. Over 600 kcmilthrough 1100kcmil Ovar1100 komi 3. This table also applies to the derived conductors of separately derived AC systems. JJ. Section 250.104.8 Modify by delet- ing it in its entirety and insert in lieu thereof the IoIlowing: . (B) Other Metal Piping. Where installed in or attached to a building or structure. metal piping system(s), including gas piping, that may become energized shall be bonded-to the service equipment enclosure. the grounded conductor at the service. the grounding electrode conductor where of sufficient size, or to the one or more grounding electrodes used. The bonding jumper(s) shall be sized in accordance with Secticn 250.122 using-the rating of the Service Disconnecting Means serving the area to size the conductor. The points of attachment of the bonding jumper(s) shall be accessible. KK. Section 300.13.8 Modify by deleting it in its entirety and insert in lieu thereof the following: CODDflr . . . 2 1/0 2/0 3/0 (B) Device Removal. In aU gen- eral purpose branch circuits, the conti~ nuity of the grounding, grounded, and the ungrounded conductor(s), shall not depend on device connections such as lampholders, receptacles, etc., where the removal of such devices would inter- rupt the continuity. lL. Section 314.27.0 Modify by deleting it in its entirety and insert in lieu thereof the following: (D) All boxes used a. lighting fixture outlets, and located where a pad- dle fan can be installed, shall be of the ''Ceiling Fan Raled Type" and shall com~ ply with Article 422.18 (A) and (8). Exception: In areas such as unfinished basements, closets, hallways, garages, and bathrooms, areas listed above shall not be exempt if a ceiling (paddte) fan(s) are installed in these areas. MM. Section 320.108 ModIfy by-.Jng it in its entirety and insert in lieU thereof the following: . 320.108 Equipmant Grounding. Type AC Cable shall have an equipment grounct.. ing cooductor installed within the sheath of all AC cables to adequately provide a low impedance path to ground to lacill-- tate the operation of the overculTElnt pro- tection device as required by Section 250.4.A.5 or 250.4.8.4. NN. Section 330.108 Modify by deleting it in its entirety and insert in ltau thereof the following: 330.108 Equipment Grounding. Type MC Cable: shall have an equipment~ grounding conductor installed within the sheath of all Me cables to adequatety provide a 10\'\1 impedance path to ground to facilitate the operation of the overcur. rent protection device as required by Article ~~. ~\... (J~~ ~~~ \ 00. Section 334.10 Modify by deleting it in it$ entirety and insert in lieu thereof the foUowing: 334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be pennitted to be used in the following: (1) One~ and two--family dwellings. (2) Multifamily dwellings permitted to be of Types III. IV, and V conslruction except as prohibited in 334.12. FPN No.1: Building constructions are defined in NFPA 220~1999, Standard on Types of Building Construction, or the applicable building code, or both. FPN No.2: See Annex E for determi. nation of building types [NFPA 220, Table 3-1]. . PP. Section 348.12 Modify by adding a part (8) to read as follows: (8) Concealed within walls or ceiling assemblies in lengths greater than 6' unless finished in undisturbed, existing interior or exlerior walls or approved prior to 1I1e installation. QQ. Section 406.8.8 Modify by deleting it in its entirety and insert in lieu th8l80f the following: (8) Wel Locations: (1) Unattended Outdoor Receptacles: All t 25- and 250.voll receptacles installed outdoors in a wet location where the product intended to be plugged into it is not attended while in use (e.g., spmkler system controller, landscape lighting, hoMay lights, vend- ing machines, and so for1h) shall have an enclosure that is weatherproof with the attachment plug cap inserted or removed. (2) Attended Outdoor Receptacles: All 125~ and 250~volt receptacles installed outdoors in a wet location where the product intended to be plugged into it will be attended while in use. (e.g., portable tools, and so forth) shall have an enclosure that' is weatherproof when the attachment plug is removed. (FPN: In all installations when a GFCI receptacle is Installed in an outdoor location, it shaM follO\'\l the requirements of (1) Unattended Outdoor Receptacles.) RA. Section 410.4.0 Modify by deleting it in its entirety and insert in lieu thereof the following: (0) Bathtub and Shower Areas. No parts of .cord-connected fixtures, hanging fixtures. lighting track, pen~ dants, or ceiling.suspended (paddle) fans shall be located within a zone measured 3 ft (914 mm) horizontally and 8" (2.44 m) ver1icalty from the top of the bathtub rim or shower stall threshold. All other types of fixtures located within l' (12 inches) horizontalty and 8' vertically zone must meet the requirements of Section 410.4.A and shaH be GFCI pro- tecled. This zohe is all encompassing and includes the zone directly over the tub or shower stall. 88. SectIon 518.4B Modify by deleting it in its entirety and insert in lieu of the fol- lowing: (B) Non-rated Construction. Type AC and MC cable. electrical nonmetallic tubing, and rigid nonmetallic cooduit shall be permitted to be installed in those buildings or portions thereof that are not required to be of fire-ra~d con~ struction by the 'applicable building code. IT Section 680.41 modify by deleting it in Its entirety and Insert in lieu thereof Ihe following: 680.41 Emergency SWitch for Spas and Hot Tubs. A clearly labeled emergency shutoff or control switch for the purpose of stopping the motor(s) that provide power to Ihe. recirc. ulation sy~~m and j&l --. - ----- --- ~-5' S', 0 system shall be installed readily acces- sible to the users and at least 5" (1.52 m)away. adjacent to, and within sight of the spa or hot tub. This requirement shatl not apply to privalety owned units located in single-family dweHings and. in indIvidually owned dwelling units.. of multi-family complex(es). SECTION V. The following liew sec- tions are hereby added to the City Code: SECTION VI. REPEALER: All . ordi~ nances and parts of ordinances in con~ flict with the provisions of this Ordinance are hereby. repealed. SECTION VII. PENALTIES FOR VIO- LATIONS. The viotation of any provision of this Orctinance is a municipal infrac- tion. SECTION VIII. SEVERABIUTY: If any section, provi~slon or part of the Ordinance shall be . adjudged .to be in~id or unconstitutional. such adjudi" catIon s~1I not aJ:fect the_validity of the Ordi~<:tnce as a whole or any section, provISion or part thereof not adjudged invalid or unconstitu~tional. SECTION IX. EFFECTIVE DATE: This Ordinance shall be. ili effect' July 1 2004. . , -~-"-"'I April, 2004 slEmest W.lehman, Mayor Attest slMarian K Karr, City Clerk 59318 AprrI2B,2004 I ~ 1 --= -~... f~Pi~~~ ~..."Sr~IIDI' .....~ CITY OF IOWA CITY 410 East W<lshington 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. 04-4122 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of April, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 28th, 2004. Dated at Iowa City, Iowa, this 17th day of May, 2004. ~\,,~~~ Ju I . Voparil " Deputy City Clerk Printer's Fee $ Lj).q).- CERflFlCATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the following date(s): ~ (' ,'L ;). 8.J ;)-('04 ~A~ Legal Clerk Subscribed and sworn to~re me this/)fM day of (Jf./ ' A.D, 2004 , GO 'f)t /1 ~ /( (//J. 0 Notary Public iJ ORLENE MAHER f ~ Commission Number 115848 My Commission Expires ow. April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4122 AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED ~UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED ~BUILDING AND.HOUSING," BY ADDING A NEW ARTICLE N ENTI- TLED "FUEL GAS CODE" AND ADOPT- ING THE 2003 EDITION OF THE INTER. NATIONAL FUEL GAS CODE PUB. L1SHED BY THE INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THERE. OF; TO PROVIDE FOR THE PROTEC- TION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City has adopted international codes, including the International Building, Residential, Fife, and Mechanical Codes, that reter- ence the 2003 Edition of the International Fuel Gas Code; WHEREAS, it is in the best interest of Iowa City to adopt the 2003 Edition of the Intemational Fuel Gas Code with certain local amendments NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2003 Edition of the International Fuel Gas Code as published by the International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safe. ty of the citizens of Iowa City, fowa, and to provide for its enforcement. SECTION II. Sections 14-5N-1, 14-5N- 2, and 14-5N-3 of the City Code are here- by added. 14-5N.1: Code adopted: Subject to the following amendments, the 2003 Edition of the International Fuel Gas Code (IFGG) is hereby adopted and shall be known as the Iowa City Fuel Gas Code or the Fuel Gas Code. Interpretations of the Building Official may be guided by publi- cations of the International Code Council, Inc., or the International Existing Building Code. 14-5N-2: Interpretation of Fuel Gas Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the cit- izens of Iowa City, Any higher standards in the state statute or City ordinance shall be applicable. 14-5N-3: Amendments to Code: The following sections of the 2003 edition of the International Fuel Gas Code are amended as follows: A. Section 101.1. Insert; "Iowa City" B. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the fol- lowing: Section 106.5.1 Work commencing before permit issuance: Any person who commences work on a building, struc~ ture. electrical, gas'lTlechanical or plumbing system before obtaining the necessary permits shall be subject to a fee .aqualto the amount of the permit if a permit were issued. This tee shall be col- lected whether or not a permit is issued. The payment of such fee shall not exempt any pe~m cOJ!lpliance with all other provisions of this COdeor from any penal- ty prescribed by law. Only the Building Official may reduce this fee when it is demon-strated that an emergency existed that required the work to be done without a permit. C. Section 106.5.2. Delete Section 106.5.2 and insert in lieu thereof the following: 106.5.2 Permit Fees. The fee for each permit shall be as set forth in 1he mechanical permit fee schedule as established by resolution of the City Council. ..____ D. Section 106.5.3. Delete Section 106.5.3 and insert in lieu thereof the following: 106,5.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collec1e<:1. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. E. Section 108.4 and 108.5. Delete Sections 108.4 and 108.5. F. Section 109. Delete Section 109 in its entirety and insert in lieu there- of the following: Section 109 Appeals. Any person aggrieved by a decision of the Building Official with regard to the International Fuel Gas Code may lile an appeal as pro- vided in Section 14-5M Appeals in the City Code. G. Section 303.3. Modify by deleting exceptions 3 and 4. SECTION III. REPEALER. All ordi- nances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. SECTION IV. PENALTIES FOR VIOLA- TIONS.The violation 01 any provision of this Ordinance is a municipal infraction. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2004. Passed and approved this 20th day of April, 2004. s1Ernest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 59319 April 28, 2004 I ~ 1 --= -~... f~liii~~ '~_IIDI' ~ ... 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. 04-4123 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of April, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 28th, 2004. Dated at Iowa City, Iowa, this 17th day of May, 2004. ~~~~~~ Deputy City Clerk Printer's Fee $ (to. d- <6' CERTIFICATE OF PUBUCATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the , following date(s): it e r; L- :J K ::uJ!)Y .J I' ~Aj~~ Legal Clerk Subscribed and sworn to before me this d.. \r' ~day of CLp..:l...5o " D A,D, 20..6.<::1-, 0, Qo"'-'-. '1r\IL.ltn..l Notary Public fiJ ORLENE MAHER Commission Number 715848 My Commission Expires .. April 20, 20005 CStv~. ~'-\- '--\ \'d;~ OFFICIAL PUBLICATION ORDINANCE NO. 04-4123 ORDINANCE AMENDING TITLE 4, ENTlnED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED 'PROHIBI- TIONS AND RESTRICTIONS," AND TIllE 10, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTiTlED "PARKS AND RECREATION REGULATIONS," SECTIQN 2, ENTj. TLED 'PROHIBITED ACTIONS IN PARKS AND PLAYGROUNDS" TO AllOW FOR THE SALE. POSSESSION, AND CONSUMPTION OF BEER AND WINE UNDER LIMITED CIRCUM. STANCES IN A CITY PARK, ON PUBLIC RIGHT-OF-WAY, OR ON A CITY GROUND, EXCLUDING CITY BUilD- INGS, PURSUANT TO A WRITTEN AGREEMENT WITH THE CITY. WHEREAS, Riverside Theatre, in coop- eration with the City of Iowa City, has pre- sented the Riverside Theatre Shakespeare Festival in City Park during the last four (4) summers; WHEREAS, Riverside Theatre has offered mealstothose attending the per- formances of the Riverside Theatre Shakespeare Festival; WHEREAS, in many summer Shakespeare festivals throughout the United States, alcoholic beverages are offered as part of the mea~ WHEREAS, presently ciIy ordinances do not permit the sale or possession of alcohol in any city park; WHEREAS, Riverside Theatre has requested that it be allowed to sell beer and wine in conjunclion with the perform- ances during the Riverside Theatre Shakespeare Festival; ~WHEREAS, it is in the best interest of the City to aHow nonprofit corpomtions to sell beer and/or wine under limited cir- cumstances in a city park, on public right- of-way, or on a city ground excluding city buiklings and to allow citizens to possess and consume beer and wine under said limited circumstances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. '1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings,' is hereby amended by deleting Paragraph A in its entirety and substituting in its place a new Paragraph A as follows: It shall be unlawful for any persons to consume or drink any alcoholic bever- ages on any publiC street, grou,nd, high- way, sidewalk, alley, or public right-of-way in the diy, except if said person has pur- chased said alcoholic beverage from an "authorized entity," and is on an 'author- ized site,' as those terms are defined in this section. A person shall not use or consume alcoholic beverages in any pub- lic place within Ihe cily, except premises covered by a license or permit, and when applicable a public right-of-way easement agreement. 2. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings,' is hereby amended by (jeleting Paragraph B in _its entirety and substituting in its place a new Paragraph B as follows: \?J\\~ A person shall not consume or possess an alc?hol~ beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity," and is on an "authorized site," as those terms are defined in this section. 3.Title 4, entitled "Alcoholic Beverages," Chapter 5, entilfed 'Prohibitions and Reslrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by adding a new Paragraph D as follows: t. The ~ity may enter into a wrttlen agree- ment with an authorized entity thai allows for the sale of beer and/or wine in a city park, on public right-of-way, or on a city ground excluding city buildings. The term of said agreement shall not exceed one (1) year. 2.As used in this Chapter, the foJIowing definitions shall apply: a.Agreement The official agreement between the city and an authorized entity to sell beer and/or wine on an authorized site for consumption and possession only on an authorized site, which includes at a minimum the following provisions: (1) Authorized Site. Both a written description and a physical illustration of the authorized site. (2) Premises ;Insurance. The authorized entity shall provide a certificate of insur~ ance for general liability and casualty insurance, naming the City of Iowa City as an additional insured, which provides coverage in the following minimum amounts: Comprehensive General liability for Bodily Injury and Property Damage of $1,000,000 for each occur- rence and $2,000,000 in the aggregate. The authorized entity shall provide thirty (30) days notice to the city before cancel- lation of said insurance. (3) Dram Shop Insurance. _ The author- ized entity shall provide proof that it is in compliance with the liability insurance requirements of Iowa Code section 123.92, as amended, in the amount of $500,000. (4) lnderrmification. The author- ized entity shall pay on behalf of the city all sums which the city shall be obligated to pay by reason 0' any liability impOsed upon the city for damages of any kind resulting from the sale of beer and/or wine on the authorized site, whether sus- tained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the city any claim against the city arising out of the use of the authorized site or con- sumption of beer and/or wine on the authorized site. (5) Inspection. City staff, includ- ing the Police Department, may periodi- cally inspect the authorized site without any prior notice to the authorized entity for the purpose 01 enforcing the terms of the agreement. (6) license. The authorized entity has a state license 10 sell beer and/or wine for the term of the agreement. b,Authorized Entity: A non-profit corpora- tion (meaning those entities granted tax- exempt status by the IRS under section 501 (c)(3) of the Internal Revenue Code). c.Authorized Site: A precisely described area in a city park, on public right-of-way, or on a city ground excluding city build- ings over which the authorized enlity has control for specified hours on specified days pursuant to a wriUen agreement with the city. 4. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 5, entitled "Open Containers," is hereby amended by delet- ing Paragraph B in its entirety and substi- tuting in its place a new Paragraph B as ---.fQLlows: , ~ . Q 4-'-\\~3 It shall be unlawful for any persons to possess any alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right-ot.way in the city, except it said person has purchased said alcoholic beverage from an "authOfized entity," and is on an "authorized site," as those terms are defined in this section. A person shall not possess alcoholic bever- ages in any public place within the city, except premises covered by a license or permit, and when applicable a public right-ot-way easement agreement 5. Title 4, entitted "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 8, entiUed "Persons Under Nineteen Years of Age in Licensed or Pennitted Establishments: Paragraph B is hereby amended by adding a new Subparagraph 5 as follows: The person under nineteen (19) years of age is a patron of an "authorized entity" which has entered into an agreement with the City for use of an "authorized site" in a city park, pursuant to Section 4- 5.3D of the City Code. 6. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions,' Section 8, entitled 'Persons Under Nineteen Years of Age in Ucen&ed or .Permltted EstabHshments,".~ CIS hJtret?Y amended by adding anew Subparagrapn 4 as follOws: The person under nineteen (19) years of age is a patron of an "authorized epti!;Y" which has entered into anagl'efR'\8l1l with the City for use of an "auttiorized site" in a city park, pursuant to SectIon 4- 5-30 of the City Code. 7. Title 4, entitled "Alcoholic Beverages,' Chapter 5, entitled 'Prohibitions and Restrictions," Section 8, entitled "Persons Under Nineteen Years of Age in Licensed or Permitted Establishments," Paragraph o is hereby arflended by deleting Paragraph 0 in its entirety and adding a new Paragraph 0 as follows: Unless a valid exception certificate under the provisions of subsection 83 of this section has been obtained and posted, or a certificate approving a nonalcotlOlic event under the provisions of subs8ction 54 of this section has been obtained and posted lor the duration of the event 0; the licensed premises is an"authorized ePfi.- ty" which has entElred into'an agreement with the' City tor_ use of an "autho~ site" in a city park, pursuant to Section 4- 5-30 of,the City C9de, the holder ofa liquor control license, wine or beer per- mit, which authorizes on premises con- sumption, shall obtain from the city_ clerk andposl a notice at every entrance to the licensed or permitted establishment in view of patrons of the licen~ or permit~ led establishment, stating: Notice to Persons Under Nineteen (19) Y&ars of Age. Vou are sl,lbieCt to a tine of $250.00-tor being on these premises betweenlhe hours of 10:00 p.m. and closing unleSs: 1, you are accompanied by a parent,' guardian,spouse or domestic partner registered as sucb under Section 2-6-S of the City..COde whO is nineteen (19) years of age or older; or 2. you are an emp6ayee of this establish- ment or performing a contracted service with respect to this establishment and are on the premises during your scheduled work hours. Said notices will be prepared by the city clerk and avdable at no charge. 8. Title 10, entitted 'Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds,. Paragraph F is hereby amended by deleting Paragraph F inlts entirety and substituting in its place a new Paragraph F as follows: Ak:oholic Beverages: Possess or con. sume any alc:oholic beverage in any park. except if said person has purchased said $IC c beverage from an "authorized e . ," and is on an "authorized site," as ose terms are defined in Title 4, Chapter 5. Section 3._. SECTION II. REPEALER. All mdi- nancesand parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any sec~ion, provi-sion or part of the OrdmanceJ=!helll be adju(Jged to be invalid or unconstitutional, such adjudication sha!' not affect the validity of the ~r~lnance as a whole or any section, pro. VISion or part thereof not adjudged invalid or unconsti-tutiana!. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final paSS;8ge, approval and publication,as proVided by law. Passed and approved this 20th day of April, 2004. stErnest W. Lehman, Mayor Atlest: slMarian K. Karr. City Clerk 59320 April 28, 2004 ~ J- ~\~ ! ~ 1 ~~~~tt ~~~aa.~ ~ ... CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No, 04-4124 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of May, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 12th, 2004. Dated at Iowa City, Iowa, this 8th day of June, 2004. ~ ~~..~~,~~~ , . Voparil ~ Deputy City Clerk Printer's Fee $ ;),"6.);), CERTIFICATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper i time(s), on the following date(s): ({\CUJ P; .:).onL( '-1-;/1 fl-=<' ,~ Legal Clerk Subscribed and sworn to before me this ~ ,+- ~\. day of 11{\{';j A.D_~20 () ,--( , C'--'~:JLQ'21A 0 ~twJuv ~ Notary Public i! ORLENE MAHER ! 1 Comminion Number 715848 My Com minion Expires ,.. April 2, 2005 ORDINANCE NO. 04-4124 AN ORDINANCe CHANGING THE ZON- ING DESIGNATION OF APPROXIMAlE- LV 32,000 SQUARE FEET OF PROPER. TY FROM CENTRAL BUSINESS SER. VICE (CB-2) ZONE TO HIGH DENSITY MULTIFAMilY RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 302 AND 308 SOUTH GILBERT STREET WHEREAS, the applicant, James A. Clark, has requested thai said property be rezoned from Central Business Service (CB~2) to. High Density Multifamily Residential (RM-44); and WHEREAS, The Comprehensive Plan encourages high density development near downtown and designates this prop- erty for mixed-use development; and WHEREAS, The proposed RM-44 zone is not strictly a mixed-use zone it does recognize the existing high-density resi- dential development which is also encouraged by the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROVAL The property described below is hereby reclassified from its present classification of Central Business Service (CB.2} 10 High Density Multifamily Residential (RM-44) and is hereby approved. 302 S. Gilbert Street - Beginning at the Northwest corner of Lot 1 of Lyman Cook's Subdivision of Outlot 25 of the Original Town Of Iowa City, Iowa, accord- ing to the recorded plat thereof; thence South eighty-five (85) feet; thence East one hundred and eighty-five (185) feet; thence North eighty-one (81) feet; thence West ten (10) feel; thence North four (4) feet; thence West one hundred and sev- enty-five (175) feet to the point of begin- ning, excepting the property conveyed to the City of Iowa City by deed recorded at Book 2075, Page 112, in the records of the Recorder of Johnson County, Iowa. 308 S. Gilbert Street. Commencing at the Northwest corner of Lot 1 of Lyman Cook's Subdivision of Outlot 25 of the Original Town of Iowa City, Iowa, accord- ing to the recorded plat thereof; thence South eighty-five (a5) leet to the point of beginning; thence Easl one hundred and eighty-five (185) feet; thence North eighty-one (81) feet; thence West ten (10) feet; thence N.orlh IQur (4) feet; thence East thirty-five (35). teet; thence SOuth two hundred and twenty-eight (228) feet; thence West forty (40) feet; thence South two (2) teet; thence WeSltwenty (20) teet; thence North seventy-five (75) feet; thence West one hundred and fifty. (150) teet; thence North seventy (70) feel to the point of beginning. SECTION II. REPEALER. AU 'ordi- nances and parts of ordinances in con- flicl with the provi-sions of this Ordinance are hereby repealed. SECTION JU. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudge<:! to be invalid or unconSlitutional, such adjudication shall . not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstHulional. SECTION IV. EFFECTIVE bATE. This Ordi-n~nce shall be in effect after its final passage, approv-al and publication, as provided by la~. Passed and approved this 4th day of May, 2004. s1Ernest W. Lehman, Mayor Anest: s1Marian K. Karr, City Clerk '51!440. May 12, 2Q04 1 ~ 1 ~~~~'t =:~~aa~~ ....... ... CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K, Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No, 04-4125 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of May, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 12th, 2004. Dated at Iowa City, Iowa, this 8th day of June, 2004. ~ h\)~-S Julie. paril ~ Deputy City Clerk Printer's Fee $ 'l~J.~ CERTIFICATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper \ time(s), on the , following date{s): W\ n "'~ i:) ~') l' n q ) vA4- Legal Clerk Subscribed and sworn to before me this ll't-"'- day of 1\\ L~ A.D, 20 Ge\ , , r, \~ uS. ,~C-.! J , .t~ '-. ~ Notary Public fjj ORLENE MAHER ~ Commission Number 715848 . . My Commi.sJon Expires ... April 2, 2005 ~. ()l.\--'-\.l~) OFFICIAL PUBLICATION ORDINANCE NO, 04-4125 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE. ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," TO CREATE A UNIFORM PERMITTING PROCESS, TO ESTABLISH REQUIRE- MENTS FOR THE FARMERS MARKET, TO PROVIDE FOR THE NONCOMMER- CIAL PLACEMENT OF OBJECTS IN CITY PLAZA ON A TEMPORARY BASIS, TO MODIFY THE PROVISION ON RESIDENTIAL PICKETING, TO, CLARIFY THE CURRENT PROVISIONS REGULATING MOBILE VENDOAS AND AMBULATORY VENDORS, TO CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING SAID VENDORS, AND TO MAKE ADDITIONAL NONSUBSTAN~ TIVE CHANGES. WHEREAS, because there are compet- ing uses of the public right of way inc~u~- ing streets, City Plaza, and parks, It IS necessary to impose time, place, and manner requirements on those who seek to hold parades and public assemblies; WHEREAS, regulating the public right of way ensures the safe movement of pedestrians; WHEREAS, it is desirable that there be uniformity in the pennitting process and specific criteria to guide and limit the dis- cretion of city employees charged with g~anling or denying permits for uses of City property; WHEREAS, except for groups or entities that are afmiated' with the City, such as Iowa City Kickers, the use of public prop. erty should be either by a permit or by registration depending on the type of use- WHEREAS, rules regarding the length and placement of noncommercial objects and structures in City Plaza should be enacted;, WHEREAS, City oversight of ~b~lato.ry vendors and mobile vendors ~ primarily through administrative rules which should be codified; WHEREAS, lhe existing provision on focused' residential picketing presents enforcement issues; WHEREAS, the right of privacy and the feeling of well.being and tranquility ~hi~h the residents of the City should enJOY In their dwellings should be preserved; . WHEREAS, the practice of focused resI- dential picketing before or about a dweHing, targeted at the occupant Or occupants of such dwelling causes emo- tional disturbances and distress te the occupant or occupants and disturbs the sense of peace and tranquility enjoyed by individuals in their dwellings; WHEREAS, there currently is no provi- sion for the regulation of the Farmers Market, and a registration process should be created that sets up a procedure for Fanners Market vendors to register for exclusive use of a stall, to appeal the denial of said use, and to provide for rev- ocation of said authorization under spe- cific conditions; and WHEREAS, it is in the besl interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitle~ "Parade~ and Public AssembHes," Section 1, enti- tled 'Definitions and Exemptions," Subsection A, entitled "Definitions,". is hereby amended by adding the follOWing new definitions: AFFILIATED GROUP: A group of per- sons or an entity engaged in sports and/or recreation that a) is affiliated with and either sponsored or co-sponsored by the City oLh:~~a City_ ~~udinQ, but not _ ----- \fJ \ , i limited to organized youth soccer, boys' baseball, and girls' softball; and b} has Ef>:eculed a memorandum of understand- Ing with the City tor the use of public property. APPLICANT: A person who applies for a parade/public assembly permit as PIO- vided in this Chapter. PARADE/PUBLIC ASSEMBLY PERMIT: Written authorization by the City for use of . public property, including the public right of way, as provided in this Chapter. PARK: Arry park or playground owned or controlled by the City, including streets, trails, and roadways therein. PERSON: Any natural or corporate per- son, business association or other busi- ness entity including, but not limited to, a partnership, a sole proprietorship, a polit- ical subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. PUBLIC ASSEMBLY: Any meeting, demonslration, picket line, rally or gather~ ing of more than twenty-fh/e (25) persons on the public right of way or one-hundred (100) persons in a park -for a common' purpose as a result of prior planning that interferes with the normal flow or regula- tion of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in. the publiC right of way or in a park. PUBLIC SIDEWALK: The improved por- tion of publiC right of way dedicated to and/or intended primarily for pedestrian use. Title 10, entitled "Use of Public Ways and Property,' Chapter 1, entitled "Parades and Public Assemblies,' Section 1, enti- tled "Definitions and Exemptions," Subsection A, entitled "Definitions,' is h8feby amend~d by repeating th~tif.lJ:,.,. Iibri8,.of ~Parade' and "PUblic Way"'''1fItf sUbstituting in their place the following new definitions: PARADE: A march or procession of more than twenty-five (25) persons, vehi- cles or other forms of transportation, such as bicycles, or combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whole or. in part, of use of the public right of way or the park by oth- ers. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated 10 public use, including City Plaza as defined In Title 10,Chapter 5 of this Code Title 10, entitled "Use of Public W8JfS and Property," Chapter 1, enlitled "Parades and Public Assemblies," Section 1, enti- tled "Definitions and Exemptions," Subsection A, entitled "Delinitions"is hereby amended by repealing the defini- tions of "demonstration," "picket," "pro- testQr," and "public entertainment' in their entirety. Title 10, entitled "Use of Public WfXYS and Property," Chapter 1, enlitled 'Parades and Public Assemblies," Section 1, enti~ tied "Definitions and Exemptions," Subsection 8, entitled "Exemptions,' is hereby amended by deleting Subsection B in ils entirety and substituting in its place the following: B. Exemptions: The following are exempt from the provisions of this Chapter: 1. Funeral processions. 2. A gathering of an affiliated group or subpart thereof. 3.Spontaneous events. responding to news or affairs coming into public knowl- edge within three (3) days of such public assembly or parade provided that the organizer thereof gives written notice to the city manager or designee at least one (1) hour prior to such parade or public al;;~mbly. Title 10 entitled "Use 01 Public Ways and propertY," Chapter 1, entitled 'Parade~ and Public Assemblies,': Section 2,.entl: tied "Permit and Compliance Required, is hereby amended by deleting 5.ection 2 in its entirety and subslituting in Its place the following: A It shall be unlawful for any person or gro"up of persons to engage in, prasen.t, conduct or stage a parade or .publlc assembly without first having. obtained. a parade/public assembly permit as provld~ ed in this Chapter. . . B. No person shall knowingly ~rtiCJP8te in or conduct a parade or publIC assem- bly unless a parade/public assembly per- mit has been obtained. C. All parades and public assembl~s shall be conducted in accordance wl~h the provisions 01 the par~de/pubh~ assembly permit and shall be III comph- ance with all applicable State and local laws. No person shall knoWingly fail to comply with the terms and cOf!ditions 01 a parade/pul!llic assembly pennlt. D.No person shall unreasonably har:n- per, obstruct, impede, or Interfere w~h any parade Of public as~embly o~ .wlth any person, vehicle or ammal partlclpa~- ing or used in any parade or publIC assemblY. Title 10 entitled "Use of Public Ways and PropertY," Chapter " entitl~ "Parade~ and Public AssemblieS," Section 3, entl~ tied "Application for Permit~' is h~re~ amended by deleting SectIOn 3 In its entirety and substituting in its place the following: A.Filing Application: . 1. An application for a ~rade{pubIlC assembly permit shall be filed with the City Manager or designee by any person or group ol.persons desiring. to use a~ public right of way as provkled in thiS Chapter. II the applicant is ,not ~ natural person, the applicant shalll~entlfy a nat~ ural person who has authority to act for the applicant with regard to the parade or public assembly. 2. All applications shall be filed at least three (3) working days in advance of the date of the requested use. 3. Applications shall be made on forms prepared by the City Manager or designee. B. Application Form: The application form shall contain the fol- lowing infonnation: 1.Name and address of the applicant. 2.An acknowledgement to be signed by a natural person that he or she has authority to act on behalf of the group that is requesting the permit. 3.The type of event'that is planned, namely parade, or public assembly. 4.Proposed location or locations. 5.Expected size of group. 6.Date, time and expected duration of the use. 7.Names and contact infonnation of the person(s) to be present at and who will serve as the contact person(s) tor the applicant at the proposed parade or pub- lic assembly. 8. List and description 01 mechanical or electronic equipment to be used, includ- ing sound amplilication. 9. Number and type of any motor vehi- cles or other forms of transportation to be used, including bicycles. 10. Number and type of any animals 10 be used. 1'.Proposal to. monitor Ihe event, including the names of any person not employed by the City who will be respon- sible for sening up, cleaning up, or main- taining order and whether the police department will be needed to assist in maintaining order. ~~'forclea.n~~_____ ~ \J '-t - '-\ \ :l,S' 13.Excepl if the parade or public assembly is held entirely on a public side- walk, on city plaza, or in a park and does not require any equipment, cables, objects, structures, or similar items to be placed on the sidewalk, city plaza, or park an agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages 01 any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by acci- dent or otherwise and shall defend at its - own expense and on behalf of the City any claim against the City arising out of the use of public property and thl;! public right of way. 14. Except if the parade or publiC assembly is hekl entirely on a public side- walk, on city ptaza, or in a park and does not require any equipment, cables, obtects, structures, or similar items to be placed on the sidewalk, city plaza, or park, insurance is required in the reason. able. amount necessary to minimize risk of harm to persons and property based on the nature and SiN, of the event, as determined by the City's Risk Manager. The speech content of the parade or pub- lic assembly shall not be a factor in deter- mining the amount of insurance. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. 15. Arry other information that the City Manager or designee finds necessary. Title 10, entitled 'Use 01 Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies,' Section 4, enti- tled "Issuance or Denial 01 Permit," is hereby amended by deleting Section 4 in its entirety and substituting in its place the following: A. Standards for Issuance of Permit: The City Manager or designee shall grant or deny the application for a permit in writ- ing, whlch shall be mailed by ordinary mail or personally delivered to the appli- cant and stating the reasons therefore within seven (7) working days of the application being fUed, and no later than the day prior to the event assuming the application is timely filed, The- City Manager or des;gnee shall examine the apptication and shaD grant a permit if the following conditions are met:-------, .1._~_'J~_ 'Mill :l~;,I,'_n~M"'~.1nt&F-- fere with the privacy, safety, security, con- venience and tranquility of the residents or inhabitants of the area in light.of the date'and time of said proposed use. 2. The proposed public right of wwy can accommodate the group or use, based oothon group size and on health and sanitation facilities, whether available or to be provided by applicant. 3. The proposed'use or activity is com- patible with the normal activity of the pro- posed public right of way at the request- ed time or date. 4. The application demonstrales the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. 5. The event will not interfere with either another event for which a permit has already been granted or an event organ- ized and conducted by the City for the same date and time 6. The use will not substantially interrupt the flow of street and/or pedestrian tral- Ji~ -_.,--- ~-J' ~ \ \ 7. The use will not require the excessive diversion 01 police from other dulies or substantially interfere with the City's lire- fighting operations. 8. The use does not create undue health or safety hazards 9~ All applicable fees have been paid. 10. The application is lully completed and executed. 11. The indemnilication agreement has been signed, if applicable, 12. A certificate of insurance showing compliance with this section has been provided, if applicable. 13. The application contains no material lalsehood or misrepresentation. 14. The applicant is legally competent to contract and to sue and be sued. 15. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. 16. The use or activity intended by the applicant is not prohibited by law. 17. The applicant paid clean up costs, il any, within thirty (30) days of the date of invoice as the result of a previously issued permit. 18. Additional police proteGtion, il required under this. chapter, has been secured. B. Contents and Conditions of Permit: The- pennit shall contain thelollowing information: 1. Name, address, and telephone num- ber of permittee. 2. Time, date and place 01 the permitted activity. 3. If a parade, the route and staging area. 4. Number 01 monitors or policing per- sonnel required for safe use of the publiC right 01 way. 5. Such other information that Ihe City Manager or des_ignee finds necessary lor the enforcement of this Chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 5, enti~ tied "Appeals Regarding Issuance or Denial of Permit," is hereby amended by deleting Section 5 in its entirety and sub- stifuting in its place fhe following: A. Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice 01 appeal wilh the City Clerk. In such event. a hearing shall be held by the City Council no later than its next regu- larly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. B. Upon such hearing, the City Counci1 may, based upon the standards enumer~ ated herein, reverse, affirm or modify in any regard fhe City Manager's or designee's decision. The City Council's decision is the final decision. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 6, enti- tled "Revocation of Permit," is hereby amended by deleting Section 6 in its entirety and substituting in its place the following: ~he City Manager or designee, or the City Council if issued following an appeal, may revoke a parade/public assembly permit if: A. it is determined that the permittee has mi~tated any material fact in the appli- catIon, S. there is a substantial and malerial variance between the information in the application and the aclLiallacts or those facts which appear reasonably to have occurred, C. when it is determined by the Chief of Police or the Fire Chief that, by reason 01 disaster, public cala~ity, riot or o~her emergency, the public safety requires such relJOCation, D. the permittee's insurance has been cancelled, or E. the permittee is operating in violati~ of the terms and conditions of the permit or local, state, or federal law. A permit holder may appeal the r~voca- tion in the same manner as appealing the issuance or denial of a permit. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 7, entitled "Sale or Assignment of Permit,' as follows: - The sale, transfer, or assignment of a permit is prohibited. Title 1 0, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies,' is hereby amended by adding a new Section 8, entitled "Fees," as follows: Fees for permits shall be set by resolu- tion of City Council. Tille 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as follows: A. The Chief of Police or designee shall determine whether and to what extent additional police or security protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The C.hief o:f. Police or designee shall base thIS deciSion on the size, location, duration, time and date of the event, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the public right of way. The speech content of the event shall not be a factor in determining the amount of police pro- tection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police or security protection for the parade or pUblic assembly is deemed necessary by the Chief of Police or designee, the applicant shall be so informed. The applicant shall have the duty to secure the police or security protection deemed necessary by the Chief of Police or designee at the sole expense of the applicant. B. Persons engaging in parades or pub- lic assemblies conducted lor the primary purpose of public issue speech protected under the - First Amendment are not required to pay for any police protection provided by the City. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled 'Parades and Public Assemblies," is hereby amended by adding a new Section 1 0, entitled "Penalties," as follows: Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. Title 1 0, entilled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," is hereby amende<!J2Y_ changing the tllle- 01- Chapt4f '2 to "Picketing." Title 10, entitled "Use of Public Ways-a~ Property," Chapter 2, entitled "P~blic Demonstrations," Section 1, entitled "Definitions,' is hereby amended by adding the following new definitions: . PICKETER: A person who engages In picketing with or without signs or plac- ards. .__ ~ bl..{-. Y\~ PICKETING: The practice of standing, marching, congregating, protesting, demonstrating, or patrolling by one or more persons for the purpose of per- suading, discussing, educating, advocat- ing, or informing another person or per- sons or for the purpose of protesting some aClion, attitude, policy, or belief. It does not include social, random, or other everyday communication. PRIVATE RESIDENCE: A single-family, duplex, or multi-family dwelling. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10 Chapter 5. - PUBLIC SIDEWALK: The improved por. tion of publiC right of way dedicated to and/or intended primarily for pedestrian use. RESIDENTIAL PICKETING: Picketing that is directed, focused, or targeted at a particular private residence and that takes place directly in front of the partic- ular private residence or the private resi. dences on either side of the targeted pri- vate residence. RESIDENTIAL ZONE: All Zones defined in Title 14, Chapter 6, Article 0 of this Code. Title 10, entitled 'Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,' Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "demonstra- tion,' "picket," "protester," and "public way. in their entirety. Title 1 0, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,' Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby amended by changing the title of Section 2 to "Use of Sidewalks for Picketing." Title 1 0, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 2, entitled 'Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: A. No picketing except as authorized by a parade/public assembly permit issued under Title 10, Chapter 1 of the Code, shall be conducted on that portion of the streets used primarily for vehicular or bicycle traffic. B. Interference with Traffic, Businesses and Public Facilities: Picketers shall not block or obstruct free passage of any pedestrian, vehicular traffic, or bicycle traffic or interfere with ingress or egress to any business or public facility. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled 'Public Demonstrations," Section 3 entitled "Prohibited Acts and Conditions," is here- by amended by deleting Section 3 in its entirety, by substituting in its place the fat. lowing, and by entitling the new Section 3 as "Residential Picketing': A. It shall be unlawful for any person to engage in residential picketing. B. Nothing herein shall prohibit: 1) The residential picketing 01 a residence which is used as the occupant's sole place of business; 2) The residential picketing of a private residence used as a pUblic meet- ing; 3) A person or group of persons from marching without stopping at a particular private residence; or 4) A person or group of persons from marching on a defined route without stopping at any par- ticular private residence. C. Before a person may be cited for vio. lation of this provision, the person must GJ, 3 <>~ \ have been ordered to move, disperse, or otherwise remedy the violation by eithe~ a police officer or a person with authority 10 control the use of the private residence which is the foous or target of the resi- dential picketing. Title 10, entitled "Use of Public Ways and Property," Chapter ,2, entitled "P~blic Demonstrations,' Section 4 entitled "Advanced Notice of Proposed Picketing, Protesting or Demonstrating," is hereby amended by deleting Section 4 and sub- stiluting in its place the followi.ng: . A. Police officers are authonzed to diS- perse persons who are' picketing whe~- ever such picketing is in violation of thiS Chapter and poses a threat to public health, safety or orderly flow of traffic. B. It shall be unlawful for any person to refuse to disperse or move on when so directed by a police officer as herein pro- vided. . -Title 10, entitled "Use of Public Ways and Property,' Chapter 2, entitled "Public Demonstrations," Section 5 entitled "Duty to Disperse as Directed by Police," is hereby amended by deleting Section 5 in its_entirety. Title 10, entitled "Use of Public Ways and Property,' Chapter 2, entilled 'P~blic Demonstrations," Section 6 entl1fed 'Obstruction of Public Ways," is hereby amended by deleting Section 6 in its entirety. Tille 1 0 entitled "Use of Public Ways and Property," Chapter 3, el'ltitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby ame~~ ed by adding the following new defini- tions: APPLICANT A person who applies for a permit as provided in this Chapter. MOBILE VENDING LOCATION: An appropriate area to operate a mobile vending cart as determined and assigned by the City Manager, or ~signe~, in writ- ing within the boundaries of crty plaza and the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vend- ing carts. Each mobile vendi':lQ permit shall carry with it the authOrization 10 operate at one or two (2) designated locations. MOBILE VENDOR PERMIT: Written authorization by the City tor use of public property, including public right of ~ay, ~y a mobile vendor as provided In thIS Chapter. PERSON: Any natural or corporate per- son, business association or other busi- ness entity including, but not limited to, a partnership, a sole propriet.orship, a polit. ical subdivision, a publiC or pnvate agency of any kind, a utilrty, a suc~ssor or assignee of any of the foregOIng, or any other legal entity. TEMPORARY USE OF SIDEWALK PERMIT: Written authorization by the City for use of sidewalk as provided in this Chapter. Title 10 entitled "Use of Public Ways and PropertY," Chapte~ 3, entit~ed "Commercial Use of Sidewalks," SecMn 1, entitled "Definitions," is hereby amen~- ed by deleting the definition of "public right of way' and substituting in ils place the following new definition: PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, aUey, and public side- walk which is designed for vehicular, bicycle or pedestrian travel and dedicat- ed to public use, including City Plaza as defined in Title 10, Chapter 5 of the Code. Title "1 0, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 2 entitled "Use of Public Sidewalks R'estricted,' is hereby amended by delet- ing Section 2 in its entirety and substitut- ing in its place the following: Use of public sidewalks for any commer- cial purpose, including sidewalk cafes, shall be unlawful except as specifically provided herein or as specifically author- ized by this chapter. Tille 10 entitled "Use of Public Ways and Properly," Chapter 3, entitled "(';oounercial. Use. of Sidewalks," Section 4, 'entitled -~'Number of Permits; Use Liml'lations; Excluding Side-walk Cafes arnL Mobile \l9AdiRg Carts." is hereby amended by deleting Section 4 in its entirety, by substituting in its place the fol. lowing, and by entitling new Section 4 as "Temporary Use of Sidewalk Permits": The City Manager or designee is aufhor- ized to issue no more than two Temporary Use of Sidewalk Permits per calendar year to businesses or business organizations for any commercial pur- pose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory vendors, and mobile vending carts, Temporary Use of Sidewalk Permits shaH be limited to the temporary use of sidewalks and public righl-of-way abutting said businesses and shall be limited to no more than three (3) days for . anyone permit. A. Applicafion for Permit. 1. Filing an Application. a. An application for a Temporary Use of Sidewalk Permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapter. If the applicant is not a natural person, the application shall identify a natural person who has authority 10 act for the applicant with regard to the tem- porary use of the sidewalk. . b. All applications shall be received five f5) days before proposed use. c. Applications shall be made on forms prepared by the City Manager or designee. 2. Application Form. The application form shall contain the fol- lowing information: a. Name, address, and telephone num- ber of the applicant. b. An acknowledgement to be signed by a natural person that he or she has authority over fhe permined use of the sidewalk. c. Name and address of applicant's busi- ness. d. Days and hours of requested use. e. Description of use. e. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shaH be obligated to pay by rea- son of any liability imposed upon the city for damages of any kind resulting from use of publiC property and the public right of way, whether sustained by any person or person, caused by accident or other- wise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. f. Insurance as required in a reasonable amount necessary 10 minimize risk of harm to persons or property based on the nature and size of the event, as deter. mined by the City's Risk Manager. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. g. Any other information that the City Manager or designee finds necessary. B. Issuance or Denial of Permit. ~, \J'--\-'-\\~5 C? I, .j. ~ '\ ( 1. Standards for Issuance of Permit. The City Manager or designee shall grant or deny the application for Temporary Use of Sidewalk Permit in writing, which shall be mailed by ordinary mail or personally delivered to the appli- cant, and state the reasons therefore within seven (7) working days of the application being filed. The City Manager or designee shall examine the application and shall issue said permit if the following conditions are met: a. The applicant's proposed use will not impede the free flow of pedestrian traffic along the public right of W<i1'or in or out of adjacent properties. b. All applicable fees have been paid. c. The appfication is fully completed and executed. d. The indemnification agreement has been signed. e. A certificate of insurance showing compliance wifh this section has been provided. 3. There is a substanlial and material variance between the information in the application- and the actual facts or those facts which appear reasonably to have occurred. 4. The permitee is operating in violation of the terms and conditions of the permit 5. The permitee is operating in violation of the terms of the permit or local, state, or federal law. 6. The permitee's insurance has been cancelled. A permit holder may appeal the revoca- tion in the same manner as appealing the issuing or denying of a pennit. F. Fees. Fees for permits shall be set by resolution of City Council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,' Section __ 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Section 5 in its entirety and substituting in its place the following: . A. Application for Permit 1. Filing an Application. a. An application for a mobile vendor permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the pub- lic right of way as provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a nat- ural person who has authority to act for the applicant with regard to the mobile vending operation... b. All ammcatiOns1ortnobtle vendorperc mits must be received by January 31 of the calendar year for which the permil will be issued. c. Applications shall be made on forms prepared by the City Manager or designee. 2. General Provisions a. No more than five (5) permits shall be issued each calendar year for the City Plaza and no more fhan two (2) permits shall be issued each calendar year for the 100, 200, and 300 blocks of Iowa Avenue. b. No tobacco or alcoholic beverages shall be offered for sale. c. Af a minimum, mobile vendors shall operate during the following hours from May 1 to October 1: (1) 11:00a.m. to 2:00 p.m. on Monday through Saturday; (2) 5:00 p.m. to 8:00 p.m. on Thursday through Saturday; and (3) three (3) addi- tional hours each day on Monday through Wednesday as selected by the permitee. 3. Application Form The application form shall contain the fol- lowing information: a. Name, address, and telephone num- ber of fhe applicant. b. An acknowledgement to be signed by a natural person that he or she has authority over the permined use of the sidewalk. c. List of past permits issued. d. Description of food and/or beverage product to be sold. e. Requested location or locations of operalion. f. Electrical appliances to be used. g. Fuel needed to power equipment. h. Hours of operation. i. Monlhs of operation. j. location of overnight cart storage. k. Description of cart including its dimen- sions. I. The three (3) additional hours the per- mitee has selected to operate on Mondays through Wednesdays. m. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by rea- son of any liability imposed upon the city for da!!l..5l1les of any kind r~~Jd~!i~iL from f. The application contains no material falsehood or misrepresentation. .g. The applicant is legally competent to conlract and 10 sue and be sued. h. The applicant has not damaged City property, and if fhe applicant has, the damage has been paid in full, and has paId all other outstanding and unpaid debts to the City. 1. No permit has already been issued for fhe same time and place. j. The use does not conflict with previ- ously planning programs organized and conducted by the City and previously scheduled for the same time and place. 2. Contenls and Conditions of Permit. The permit shall contain the following information; a. Name, telephone number, and address of permittee. b. Time, date and place of the permitted aCfivity. c. The permittee shaH only offer for sale its own goods and products and shall not offer for sale any tobacco prod- uct. - d. Such other information that the City Manager or designee finds nec- essary tor the enforcement of fhis Chapter. C. Appeals. Any party aggrieved the City Manager's or designee's decision to grant or deny a permit under this Chapter may al?P~al ~e. det,ermination to the City Council If, ~It.hln five (5) working days after the decISIOn, the party files a written notice of appeal with the City Clerk. In s~ch event,.a hearing shall be held by the City CounCil no later than its next regu- larly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing the City Council may, based upon th~ standards enumerated herein reverse affirm or modify in any regard the CitY M.anager's .or designee's decision. The City CounCIl's decision is the final deci- sion. D. The sale, transfer, or assignment of a temporary use qf sidewalk permit is expressly prohibited. E. Revocatio!l of Permit. The City Manager or deSIgnee, or the City Council if issued following an appeal, may revoke a permit if: 1. If is determined by the Chief of Police or the Fire Chief fhat, by reason of disas- ter, public calamity, riot or other emer. gency, the pUblic safety requires such revocation is necessary to protect health, safety, and welfare 2. The permitee has misstated any mate- -.rial fa~ i~!he appl~iO!!. __ ~'",-'\.. ~~ - '-\\~s- C?J' s ~ 'I use of public property and the public right of 'way, whether sustained by any person or person, caused by accident or other- wise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the- public right of way. n. Acknowledgment that the applicant has contacted the Johnson County Health Department and has reviewed health code requirements. Q. Insurance is required in a reasonable amount necessary to minimize risk of harm to persons and property baSEj!d on the intended use, as determined by the City's Risk Manager. p. Any other information that the City Manager or designee finds necessary. B. Issuance or Denial of Permit Standards. The City Manager or designee shall grant or deny the applica- tion for a mobile vendor permit in writing within a reasonable lime, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefore no later than sixty (60) calendar days after the application being filed. The length of time which is reason- able shall be determined by the type ot use requested, the information supplied, the time the application is filed, and the extent of advance preparation and plan- ning demonstrated and reasonably required. The City Manager or designee shall issue a permit if the following condi- tions have been met 1. A mobile vending location is available which will not interfere the free movement within the emergency/service lane. 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the public right of way or in or out of adjacent properties. 3. The applicant agrees to operate the applicant's business only at assigned mobile vending locations. 4. T~e dimensions of the applicant's vendmg cart shall not exceed a size of four feel (4') wide by nine feet (9') long by eight feet (8') high. 5. The applicant has adequate storage for the mobile vending cart off the city plaza or public right of way. 6. The applicant has obtained all neces. sary permits required by the county department of heaNh. 7. All applicable fees have been paid. 8. The application is fully ,completed and executed. 9. The indemnification agreement has been signed. 10. A certificate of insurance showing compliance with this section has been provided. 11. The application contains no material falsehood or misrepresentation. 12. The applic~nt has not damaged City property, and If the applicant has, the dam~ge has been paid in full, and the applicant has paid all other outstanding and unpaid debts to the City. 13. .The applicant has complied with appli.cable laws concerning the sale or offenng for sale of any goods or services. 14. .The ~se or activity intended by the applicant IS not prohibited by law. 15. No other mobile vendor permit has been issued for substantially the same food or beverage product Contents and Conditions of Permit: The permit shall contain the following infor- mation: 1. Permitee's name, telephone number, and address. 2. "'!"i'!le,. date and place of the permitted activity. 3. The permitee's mobile vending loea- ~io~_ _ 4. Such other infoqllation that the City Manager or designee finds necessary for the enforcement of this Chapter. C. Appeals Any party aggrieved by the City Manager's or designee's decision to grant or deny a mobile vending permit may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regu- larly scheduted meeting, assuming the appeal is filed in time to alk>w notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the ~ndards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final deci- sion. D. The sale, transfer, or assignment of a . mobile vending permit is expressly pro- hibited. E. Revocation of Permit. The City Manager or designee, or City Council if issued following an appeal, may revoke a mobile vending permit if: 1. II is determined by the Chief of Police or the Fire Chief that, by reason of disas- ter, public calamity, riot or other emer- gency, the public safety requires such revocation. 2. The permitee has misstated any mate- rial fact in the application. 3. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred. 4. The permitee is operating a mobile vending cart in violation of the terms of the permit. 5. The permitee's insurance has been cancelled. 6. Tbe permittee violates any administra- tive rules. A permittee maY appeal the revocation in the same manner as appealing the issuance or denial of a permit. F. Fees. Fees for mobile vending permits shall be set by resolution of City Council. G. Administrative Rules. The City Manager is authorized to establish administrative rules nol inconsistent with any--erdinanceto--cany--otttlhe provisions of this Chapter. A copy of said rules shall be on file with the City Clerk. Title 10, entitled "Use of Public Ways and Property," Chapter 4, enlitled 'Posting ~iIIs' is hereby amended by changing the title of chapter 4 from "Posting Bills" to "Posting Handbills." Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled 'Posting Bills," Section 1, enlitled "Definitions," is hereby amended by adding the following new definitions: COM~ERCIAL HANDBILL Any printed Of written maUer, any sample or device, Circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise repro- ~uced original or copies of any maUer or literature: (1) which advertises for sate any merchandise, produCI, commodity or thin~ (2) which directs attention to. any bUSiness or mercantile or commercial establishment, or other activity, lor the purpose of either directly or indirectly promoting the interests thereof by sales; (3) which directs attention to or advertis- es ~~~ meeting, theatrical performance, ex~ibltlon, or event of any kind, or (4) WhiCh, while oontaining reading matter other than advertising maUer, is predom- inantly and essentially an advertisement, and is distributed or circulated for adver- tising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. NONCOMMERCIAL HANDBILL: Any printed or written maUer that is not a _ DewsP{t~_ ___ PERSO~: Any natural or corporate per- son, buSiness association or other busi- ness entity including, but nollimited to, a partnershll?' .a.sole proprietorship, a polit- Ical SUbdiVISion, a public or private agen~ of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Tille 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills,' Section 1, entitled "Definilions," is hereby amended by deleting the defini- tion of "billposters and distributors" in its entirety. Title 1 0, entitled "Use of Public Ways and Property," Chapter 4, entitled 'Posting Bilts,' Section 2, entitfed "Manner of Distribution Generally; Unlawful Distributions of Public Ways," is hereby amended by deleting Section 2 in ils entirety and substituting in its place .the following: Distribution of commercial handbills and noncommercial handbills shall be made in such a manner so as not to create a public nuisance. Title 10, entitled "Use of Public Ways and P~~~," Chapter 4, entitled "Posting Bills, IS h~reby amended by adding as new SectIon 3, entitled "Posting of Handbill Prohibited," as follows: In the right-of-way or on public land; no person. shall post, stick, stamp, paint or otherwise affix, or cause the same to be done by any person, any commercial handbill or noncommercial handbill cal- c:ulated to attract the attenlion of Ihe pub- lic, upon any right-of-way or any lamp po~t, electric light, telephone pole, bul- letin board of a kiosk, railway structure, hydrant, tree or tree-box, or upon the columns, trusses, girders, railings, gates o.r other public part of any public bridge or Viaduct, or other public structure or build. i~g, or upon any"pole, box or fixture of the fire alarm except as may be authorized or required by law. Title 10, entitled 'Use of Public Ways and P~operty," Chapter 4, entitled "Posting Bills," Section 3, entitled "Billboard Maintenance Requirements" and Section 4, entitled "Penalties', are hereby ame~ded by renumbering Section 3 as Section 4 and renumbering Section 4 as Section 5 respectively. Title 10, entitled "Use of Public Ways and Prope~," ~hapter 5, entitled 'City Plaza, Section 1, entitled "Purpose and lntenl," is hereby amended by adding new Subsections E and F as follows: E. Supporting economic activi'" bv allow- ing vendors to sell their goods in City Plaza. F. Ensuring sale movement of pedestri. ans in City Plaza. Title 10, entitled "Use of Public Ways and Property,' Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by adding the following new definitions: AMBULATORY VENDOR PERMIT: Written authorization by the City for use of publiC property, including public right of way, by an ambulatory vendor as provid- ed in this Chapter. APPLICANT: A person who applies for a permit as provided in this Chapter. MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including public right of way, by a mobile vendor as provided in Chapter 3. NEWSPAPER: Any newspaper of gener- al circulation as defined by general law, any newspaper duly entered with lhe U.S. Postal Service, in accordance with federal statute or regulation, and any newspaperliled and recorded with any recording officer as provided by general law: And, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and-sold to the Dublic. ~\, (Jl...\.- Y:\~'S C?j lo PERSON: Any natural or corporate pe~- son business association or other bus. nasS entity including, but not limited la, a partnership, ,a. sole propriet~rship, a polit- ical subdivIsion, a public or pnvate agency of any kind, a utility, a suc~ssor or assignee of any of the foregoing, or any other legal entity. PUBLIC RIGHT OF WAY: The area on or belOW a publiC roadway, highway, stree:t, cartway, bicycle lane, alley, and public sidewalk which is designed for vehICular bicycle or pedest.rian tr:avel ~nd dedicat- ed to public use, Including City Plaza. ZONE 1: The ten-foot (10') strip directly abutting the private property lines in City Plaza. Zone 1 extends the length of the City Plaza along all sides of ~e Plaza, Zone 1 is illustrated on the City Plaza Map that is kept on file in the QUice of the City Clerk, which can be amended, fra:m lime to time, by resolution of the City Council. ZONE 2: The six-foot (6') pedestrian lanes in the City Plaza adjOining Zone 1 on each side, the landscaped areas, fhe areas with street furniture and features and other areas as specified on the City Plaza Map. Zone 2 is illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from lime to time, by resolution of the City Council. ZONE 3: The emergency/service lane in City Plaza. Zone 3 is illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to time, by resolution of the City Council. Title 10 entitled "Use of Public Ways and Property," Chapter 5, entitled "Cio/ Plaza" Seclion 2, entitled "Definitions," IS here~ amended by deleting the defini- tions of "ambulatory vendor" and 'kiosk" and by substituting in' their place the fol- lowing new definitions: AMBULATORY VENDOR: A person sell. ing goods or services, including arts, and crafts, while moving through Zonas t,~ 2 and 3 and operating without the use of a mobile vending cart and with a minimum of equipment such as a person selling balloons and a portrait artist. KIOSK: A small, public-owned structure that is stationary and that contains news- paper vending units. Title 10 entitled "Use of Public Ways and Property,' Chapter. 5, enti!I~~ "~,i~y Plaza," Section 2, entitled "DeflnltlonS, I~ hereby amended by deleting the defini- tions of "mobile vending cart" and "mobile vendor" in their entirety. Title 10 entitled 'Use of Public Ways and PropertY," Chapter .5,entitle~ ~"CilY Plaza," Section 3, entitled "Description of Mall Zones," is hereby amended by delet- ing Section 3 in its entirety. Title 10 entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza' Section 4, entitled 'Bicyde and Non~otorized Vehicle Restrictions," is hereby amended by deleting Section 4 in its.entirety and by su!Jstiluting the follow- ing new section in its place and renum- bering it Section 3: A. Bicycles. No person shall. ride a bicy- cle within the city plaza; no bicycles shall be left unattended within city plaza unless located in a bicycle racI<; no bicy- cle shall be locked or affixed to any post or structure other than a bicycle rac.k. B. Nonmotorized Vehicles. No person shall travel upon or operated a nonmotor- ized vehicle within the city plaza, except for a persons with disabilities using. a vehicle designed lor use by person With disabili~s. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "~jty Plaza," Section 5, entitled "Motor Vehicle Regulations," is hereby amended by deleting Section 5 in its entirety a,:d ~y substituting the following new sectIOn In its place and renumbering it Section 4: No person shall operate a motor vehicle, except emergency vehicles, within the limits of city plaza without authorization issued by the city manager or designee: A. Any business located on property which does not othefWise abut a public right of WfrlJ other than city ~a may be granted continuous motor vehlc~e authorization upon a showing that such IS necessary to provide for the delivery of goods to or from the busjne~. S~ authorization shall allow the vehICle with- in the city plaza only during active load- ing and unloading. B. Any person may be granted such authorization upon a showing that the placement or operation of a n:'4?tor vehicle upon city plaza for a Specified, limited period of time is necessary for delivery or other legitimate purpose. Title 10, entitled "Use of Public Ways and Properly." Chapter 5, entitled "City Plaza," Section 6, entitled "Removal of Snow and Ice Accumulations from Building Runoff," is hereby amended by deleting Section 6 in its entirety a,:d ~ substituting the following new sectIOn In its place and renumbering it Section 5: Removal of accumulations of snow and/or ice in Zone 1 of city plaza result- ing from building runoff shall be the responsibility of the adjoining property owner. Title 10, entitled "Use of Public WWfS and Property: Chapter 5, entitled ."City Plaza," Section 7, entitled . Ammals Restricted," is. hereby amended by dele~- ing Section 7 in its entirety and .by S~bs:tl- luting the following new sectton In Its place and renumbering it Section 6: No person shall take, accompany or allow any animal into city plaza except as permitted in Title 8, Chapter 4, Section 12 of the Code. This provision shall not apply to an animal trained to assist per- sons wilh disabilities Qr an animal that IS securely confined within an animal carri- er, kennel, cage, or crate and does not create a public nuisance. Title 10, entitled "Use of Public WWfS and Property,' Chapter- 5, entitled "City Plaza," Section. 8. entitled "Use 01 City Plaza," is hereby amended by del~ing Section 8 in its entirety and by substitut- ing the following new section to its place and renumbering it Section 7: A. No commercial use of city plaza is allowed except as authorized in this Chapler. B. Private Uses Authorized in Each ;Zone 1. Zone 1: a. Ambulatory Vendor Permits, Arts and Crafts Vendor Permits, Sidewatk Cafe Permits, Parade/Public Assembly Permits. b. Building extensions where, _ in the sole judgment of the city council, such exten- sions enhance the quality of city plaza. c. Landscaping with the permission of the City Manager or designee. . d. Display window exlensions With the , 9 permission of the City Manager or designee e. Buikling front and/or basement exten. sians, provided the use of the extension is the same as the store activity with the permission of the City Manager or designee. 2. Zone 2: a. Permits issued under either this chap- ter or Chapter 1. b. Landscaping with the permission of the City Manager or designee. c. Newspaper racks. d. Temporary placement of noncommer. cial objects and structures as authorized herein. 3. Zone 3: a. Ambulatory Vendor Permits. C. Modification Of Plaza Landscaping: City Plaza landscaping may be modified or removed to a limited extent if the net effect enhances the ambience of the City Plaza and if approved by the City Manager or designee. In such cases, the person must agree to restore the City Plaza landscaping to its original condition and provide a bond or escrow account in an amount determined by the City Manager or designee. D. Days and Hours of Operation: Buildings extended onto the City Plaza are to be open at least during normal retail. business hours, Monday through Saturday, throughout the year. Mobile vendors shall operate during'the times proscribed in this chapter. E. The City Manager or designee may: 1. Require a reasonable amount ofinsur- ance coverage for' any use in the City Pfaza not inconsistent with other provi. sians of this Title to minimize the risk of harm to persons and property when the activity or event being sponsored on City Plaza creates a higher than usual risk of City or public liability exposure due to the nature of the activity or event or due to the expected number of participants or spectators as determined by the City's Risk Manager; 2. Waive the insurance requirements for events or activities sponsored by the agencies of the State, the University of Iowa or other governmental subdivisions, provided such entities enter into an agreement satisfactory to the City Attorney to protect and hold harmless the City, its officers, agents and employees from and against all claims, lawsuits, damages, losses and expenses in' any manner resulting from or arising out of the activity or event covered by the permit or to accept full responsibility for safe activity or event and to defend the City, its officers, agents and employees with regard thereto. F. Newspaper Vending Units in Kiosks: 1. Newspapers may utilize the newspa- per vending units in the kiosks. 2. Upon the filing of an application by a newspaper with the City Manager or designee and upon payment of an annu- al administrative fee, payable April 1 of each year and set by City Council resolu- tion, the City shall make available orie unit in a kiosk. Each newspaper may uti- lize only one unit unless the number of applications does not exceed the avail- able kiosk units. 3. If the number of applicalions exceeds the available kiosk units, the City will han- dle the applications on a lottery basis, to be conducled by the City Manager or designee prior 10 April 1 of each year. After completion of the lottery, if needed, the City Manager or designee shall pro- vide written notice of the lottery results to the requesting newspapers. The selected newspapers shall pay the annual admin- istrative fee to the City Manager or designee. 4. The newspaper which pays the admin- istrative fee and is assigned a space may nol. affix a logo or sign to its assigned unit. . 5. Nothing in 1his subsection shall be construed to limit or interfere with alter~ nalive methods of distribution availal:Me to newspapers throughout the city, as per- mitted by.le..raHawo-'> ~~._ G. Placement of Noncommercial and Commercial Objects and Structures. 1. No person shall place any free-stand- ing noncommercial object or structure in City Plaza without authorization issued by the City Manager or designee. 2. To obtain authorization, the person shall inform the City Manager or designee of the proposed duration of the placement, the proposed location of the object or structure, and the phYsical dimensions of the object or structure. 3. Upon receipt of such informatiori, the City Manager or designee shall promptly authorize the display in Zone 2 only for a maximum of thirty (30) days in anyone- year period, unless the City Manager or designee finds that said object or struc- ture will impede the flow of pedestrian traffic at the proposed location. If the City Manager or destgnee linds that said object or structure will impede the flow of pedestrian traffic at the proposed loca- tion, then the City Manager or designee shall deny the authorization in writing. 4. Any party aggrieved by the City Manager's or designee's decision to grant or deny such authorization may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later 1han its next regu- larly scheduled meeting, assuming the appeal is filed in lime to alklw notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein reverse affirm or modify in any regard the CitY Manager's or designee's decision, The City _ Council's decision is the final deci~ sian. 5. No person shall place any free-stand- ing commercial ob;ect or structure in City Plaza. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 9, entitled "City Use Permits,' is hereby amended by deleting Section 9 in its entirety, by substituting the followins new section in its place, renumbering it Section a, and by entitling new Section 8 as .Uses of City Plaza": A. Mobile Vendors: The requirements for mobile vendors in City Plaza are identical to lhose for mobile vendors as provided in Title10, Chapter 3, Section 5 of the Code. B. Ambulatory Vendors: 1 . Application lor Permit a. Filing Application. (1) An apptication for a ambula- tory vendor permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapler. If the applicant is not a natural person, the applicant shall identify a nat- ural person who has authority to act for the applicant with regard to the ambula- tory vendinQ operation. ~ \? j. 1 \ I \J'--\-~\1S (2) All applications must be received at least five (5) working days by before the proposed start of operations. (3) APplications shall be made on forms prepared by the City Manager or designee. b. Application Form The application form shall contain the fol- lowing information: (1) Name, address, and telephone num- ber of the applicant. (2) An acknowledgment to be signed by a natural person that he or she has the authority 10 act on behalf of the ambula- tory vending operation. (3) List of past permits issued. (4) Product to be sold. (5) Hours of operation. (6) Months of operation. (6) An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by rea- son of any liability imposed upon the city for damages of any kind resulting from use of public property and the public rtght of way, whether sustained by any person or person, caused by accident or. other- wise and shall defend at its own expense and. on behan of the City any' claim agaInst the City arising out of the use of public property and the public right of way. (7) AcknowJedgment that the applicant has contacted the Johnson Counly Health Department and has reviewed health code requirements. (8) Fee. (9) Insurance is required in 8 reasonable amount necessary to minimize risk 01 harm to persons or property based on th~ nature and size of the event, as dater- ~rned by the City's Risk Manager. The msu~nce requirement may be waived if ~pphcant demonstrates inabHity to obtain Insurance or to pay the cost of insurance. (0) Any other information that the City Manager or designee finds necessary. 2. Issuance or Denial of Permit Sta~dards. The City Manager or ~eslgnee shall grant or deny the applies- tll?n. for the ambulatory vendor permit Wlt~ln a reasonable time, which shall be ma.ded by ordinary mail or personally delivered to the applicant and stating the re8SC?ns therefore no later than sixty (60) WOrking days of ~e application being filed. The length of time which is reason- able shall be determined by the type of use !E'Questect, the information SUPplied the lime the application is filed, and th~ ~nl of advance preparation and plan- nlng. demonst~ated and reasonably required. The City Manager or designee ~hall issue ~n ambulatory vendor permit If .the follOWing conditions have been or Will be met. a. The application is received at least five (5) working days before the proposed start of operations. b. The applicant will operate without the u~. of a mobile vending cart and with a minimum of equipment c. The a,ppticant's proposed mode of operation will not impede the free flow of ~trian traffic along the city plaza nght of waf, nor shall it interfere with such pedes~rian movement into or out of retail establishments fronting on the plaza d. The applicant will conduct the van'ding completely within the boundaries of city plaza. e.The applicant has obtained all neces- sary permits required by the county department of health. f. All applicable fees have been paid in full. g. The application is fuHy completed and executed. h.The indemnification agreement has ~~n signed. i.A certificate of insurance showing com- pliance with this section has been provid- ed. j.The application contains no material falsehood or misrepreSentation. k.The applicant is legally competent to contract and to sue and be sued. I.The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other oUlstanding and unpaid debts to the City. m.TlJe applicant has complied with appli- cabte laws conceming the sale or offering for sale of any goods or services. p.Such other information thai the City Manager or designee finds neceSsary for the enforcement of this Chapter. Contents and Conditions of Permit. The permit shall contain the following infor- mation: a. Name, tefephone number, and address of permittee. b. Time, date and place of the permitted activity. c. Such other information that the City Manager or designee finds necessary for the enforcement of this ordinance. 3. Appeals Any party aggrieved by the City Manager's or designee's decision to issue or deny a permit under this Chapter may appeal the determination to the City Council if, within ten (10) working days after the decision, the party files a written notice-of appeal-with the- City Clerk, In such event, a hearing shall be held by the City Council no later than at its next -reg- ularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. ' Upon such hearing, the City Council may, based upon the sta.ndcards enumer~ aled herein, reverse, affirm or. modify ..in any . regard the City Manager's or designee's decision. The City Council's decision is the final decision. 4. The sale, transfer, or assignment of an ambulatory vendor permit for city plaza is expressly prohibited 5. Revocation of Permit. The C~~ ~anager or designee, or City Counc!l If ISSUed following an appeal, is authorized to revoke an ambulatory ven~ dor permit issued under this Chapter whenever: a; The permit has failed to comply' with any provisions of this Chapter b. The permitted activity creates an obstruction to pedestrian use of the City Plaza ora nuisance or violates of any slalute,law, rule or regulation involving the permitted event c. It is necessary to protect health or safety as determined by the Police Chief or designee or Fire Chief or designee d. The permitee has misstated any mate- rial fact in the application e. There is a substantial and material variance between the information in the application and the actual factS or those facts which appear reasonably to have occurred f. . The permitee is operating in violation of the terms and conditions of the permit or g.The permitee's insurance has been cancelled. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit. B..Fees.. Fees for ambulatory vendor per- mits shall be set by resolution of the City COuncil. C. Permanent And Temporary Str~ctures: The City Manager or destgnee, ~pon approval of city COUncil, may enter rnto an agreement for the sale or lease of public right of way in the city plaza for the construction of an addition to an existing store front or for the mm; porary or seasonal use of zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and assurance that the following conditions have been or will be met: 1. Building Design: a. Additions to txJildings shall be harmo- nious in scale and design with permanent neighboring. structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. c. Materials which are architecturally har- monious shall be used for all building walls and other exterior buikling compo-- - nents wholly Of partly visible from public ways. . d. Selection of materials shaU be gukted by the following: (1)Harmony-with adjoining buildings. (2)Relationship to the brick and wood theme of City Plaza. (3)Materials Shall be of durable quality.. e. - Building components, such as win- dows doors, eaves and parapets, shall have' good proportions and relationship to one another. f. Colors shall be selected for their har- mony and/or ability to complement the color scheme of the Cil)' Plaza. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the txJilding or shall be located so as not to be'visible from any public. W8)fS. h. Exterior lighting shall be part of the architectural concept. Axtures, standards and all exposed accessories shaH be har- monious with building design. 2. Signs: . a. All signs shall be part of the architec- tural concept. Size, color, lettering, loca- tion and arrangement shall be harmo- nious with the building design and shall be compatible with signs on adjoining buildings. . b. Materials used in signs shall have good architectural character and be har- monious with building design and the materials used in the City Plaza. c. Every sign shaH express, in scale and in proportion, an appropriate visual rela- tionship to buildings and surroundings. d. Colors shall be used hannoniously and with restraint. Excessive brightness and brilliant coJors shall be avoided. Lighting ~hall be harmonious with the design. If external spOt lighting is used, it shall be arranged so that the light source is shielded from view. 3. Additional Criteria: a. The Design Review Committee may, from time to time, formulate additional d~sign criteria lor the review of proposed construction pursuant. to this Chapter. Such criteria shall become effective when adopted by the City Council by res- olution. b. No building permit for the construction of any temporary structure or any bulk:l- ing extension to be constructed pursuant to this Chapter shall be issued unlil plans for said construction have been reviewed by the Design Review Committee and approved by the City Council. The Design Review Committee shall, within thirty (30) calendar days of receipt of said plans, review the plans and advise approval, approval with conditions or disapproval in a written report fotwarded to the City Council and the applicant. City Council approval of the plans shall require a majority of votes cast at any meeting at ~~,ich ~uo":,m is present. ~ ~ LI - l..\ \d...:) 4. Illumination: Nighttime interior illumina- tion of all building fronts and bassn:'ent extensions, diSplay window extenS10llS and basement stairwells is required dur- ing hours of operation. 5. Construction Costs: All costs of .con- struction are to be paid by the permittee, including costs of damage or repair to the City Plaza caused by the construction. TIlle 10 entitled nUse of Public Ways and Property," Chapter 5, entitled "City Plaza" Section 1 0, entitled "Permit Appl~ation Procedures," is hereby amended by deleting Section 10 in its entirety and substiluti~ in its place. the following new Section 10 entllled 'Penalties': Any violation of this Chapter shall be considered a simple misdemeanor Of municipal infraction as provided for in Title 1 Chapter 4 of Ihis Code. Title 1'0 entitled "Use of PublicWays and PropertY," Chapler 5, entitled "City Plaza" is hereby amended by adding a new Section 9, entitled 'Administrative Rules' as follows: The City Manager is authOfi~ to ~stab- lish administrative rules not loconsasten1 with any ordinance to carry out the provi- sions of this Chapter. A copy of said rules shall be on file with the City Clerk. Tille 10 entiUed "Use of Public Ways and Property" Chapter 5, entitled "City' Plaza' Section 11, entitled "Fees," is herebY amended by deleting Secl:ion 11 in Its enlirety. Title 10 entitled "Use 01 Public Ways and propertY," Chapter 5, entitled ..~iIY Plaza," Section 12, entitled "Termination and Revocation of Permits and leases,. is hereby amended by deaeting Section t 2 in its entirety. Title 10, entitled "Use of Public Ways and Property,' Chapter 9, entitled "Parks and Recreation Regulations," Section 1, enti- tled "Definitions," is hereby amended by adding the following new definitions: APPLICANT: A person who applies for pennit as authorized in thts chapter. PERSON: Any natural or corporate pe~- son business association or other buSI- nesS entity including, bu~ not li":'ited to,.a partnership, a sole prop~rshlp, a polit- ical subdivision, a public or private agency of any kind, a utility, a suc~ssor or assignee of any of the foregomg, or _. any_ other legal 8Jltity.. PARK FACIUTY: A baseball field, soft- ball field, soccer field, tennis court, secured shelter, or unsecured shelter in a park or Riverside Festival Stage. PUBLIC ASSEMBlY Any meeting, demonstration, picket line, rally or gather- ing of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes wit~ the n~a1 flOw or regulation of pedestrian or vehIC- ular traffic on the public right of way or in a park or occupies any area In the public right of way or in a park. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use. SPONSORING AGENCY: Any organiza- tion or group, regardless of whether it is legally constituted, and including but not limited to corporations and partnerships, on whose behaU a natural person individ- ual makes application for a park permit. TRAIL: A way or place, the use of which is controlled by the City as owner of the real property, used .Ior pe~s ~Iking, jogging, skateboa~lOg, In line skall':'9' or bicycling or motOrized devices deslQned for and used by persons with disabilities. Title 10, entitled "Use of Public Ways and _ Prooertv" ChaDter 9, J~ntitled "Parks and ~ 0' ~ '\ 1 RecreaiiOn Regulations," Section 1, enti- tled "Definitions," is hereby amended by deleting the definitions of "parade" and "park, public park" and substituting the following new definitions: PARADE: A march or procession of more than twenty-five (25) persons, vehi- des. or olher forms of transportation, such as bicycles, or any combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whote or in part, of use of the public right of way, including a park by others Funeral proceSSions shall not be deemed to be included in this defini- tion and shall not be considered a parade. PARK, PUBLIC PARK: Any park or play- ground owned or controlled by the City, including streets, trails, and roadways therein. Tille 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, enti- tled "Definitions," is hereby amended by deleting the definition of "public enter- tainmenf' in its entirety. Title to, entitled "Use of Public Ways and Property,' Chapter 9, entitled 'Parks and Recreation Regulations,' Section 2, enti- tled "Prohibited Actions in Parks and Playgrounds," is hereby amended by cfeleling Section 2 in its entirety and sub- stituting in Its place the following: In any park no person shall: A. Damage To Property, Animals, Trees And Plant Materials: t. Pick or destroy any plant materials Of walk or run upon any flower beds. 2. Break or tear any limbs or branches from any tree. 3. Throw objects or missiles at any animal or bird or molest any animal or bird in any way. 4. Tear down, mutilate, destroy or carry away any sign constructadunder the authority .of the City Councilor the Parks and Recreation Department. 5. Tear down, mutilate, destroy or bum any buIlding, shelter equipment, picnic table, grill, or any personal property owned by the City B. Motor Vehicles And Traffic: 1. Park any vehicle in any area where parking is prohibited by posted signs. 2. Drive any vehicle within any park, except upon the designated streets, driveways and parking areas of such parks, except motorized devices designed for and used by personS with disabilities. 3. Drive any vehicle within any park at a speed in excess of fifteen (15) miles per hour, unless otherwise posted. 4. Drive any vehicle in the wrong direction upon anyone-way street within a park. C. Weapons: Carry firearms Of weapons into ;my park. D. Animals: ~. Bring, cause or permit any pet to enter Inlo any park unless such animal is on a leash or confined either a vehicle or in a cage, kennel, crate, or carrier. 2. Ride any horse in any park except upon streefs and trails, and then only if the horse-rider provides for the immedi- ate disposal of. solid waste material excreted by any animal. 3. This provision shall not apply to an ani- mal trained to assist persons with disabil- Ities or to a person issued a permit as authorized in section 8-4-12. E. Fires: Build or aid and abet the build- ing of any fire in any park, except in stoves or fireplaces de~ignated for such purposes. F. Alcoholic Beverages. PoSsess or con- sume any beer or alcoholic beverages in anypark._____ ^_ ~ b L-I, ... LI.. \~) G. Practice Golf: Practice golf in any park. H. Unauthorized Use Of Buildings: Occupy any shelter Of building or recra-; ation area which has been reserved by, others through the provisions of thiS: Chapler or install any unauthorized reserved sign in any shelter, building Of recreation area. I. Hours: 1. Except as provided tor specified parks herein, occupy any park, whether on foot or in a vehicle, or permit any vehicle to remain parked in any park between the hours of ten thirty o'clock (10:30) P.M. and six o'clock (6:00) A.M. unless grant- ed special authorization by the CIty. 2. From April 15toOctober31, the hours shall be from eleven o'clock (11 :00) P.M. to six o'clock (6:00) A.M. in City Park and Mercer Park. 3. Occupy, whether on tool or in a vehi- cle, or permit any vehicle to remain parked from dusk to dawn at the following parks: Waterworks' Prairie Park, Peninsula Park, Hickory Hill Park, and Ryerson's Woods Park. Dusk means thir- ty (30) minutes after the time designated each calendar day as .sunset" and dawn means thirty (30) minutes before the time designated each calendar day as "sun- rise' by the United States Naval Observatory for Iowa City, Johnson County, Iowa. Said designations can be accessed via the internet at <htlp:Jlaa.usno.navy.mil>. J. Bicycles And Nonmotorized Vehicles: 1. No person shall travel upon or operate a bicycle or nonmotorized vehicle within Chauncey Swan Park 2.Persons may travel upon or operate bicycles and nonmotorized vehicles in all other City parks except where posted as prohibited, and only to the extent the nonmotorized vehicles are used in a safe manner so as not to injure persons or property. 3. This provision shall not apply to a per- son with disabilities using a nonmotor- ized device designed tor a person with disabilities_ Title 10, entitled "Use of Public Ways and Property," .Chapter 9, entitled "Parks and Recreation Regulations," Section 3, enti- tled "Traffic and Parking Regulations," is hereby amended by deleting Section 3 in its entirety and substituting in its place the following: A. Duties Of Director: The Director is hereby authorized and directed to: 1) designate streets and drives for use with- in the parks; 2) designate parking areas for the parks; and 3) prohibit, regulate or limit stopping, standing or parking of vehicles on the streets, driveways and parking areas in the parks at all times or during specified hours. The Director shall also cause signs to be posted designat- ing streets, drives and parking areas or prohibiting, regulating or limiting stop- ping, standing or parking in the parks. B. Vehicle Owner Prima Facie Responsible for Violations: If any vehicle is found stopped, standing or parked in any manner violative of the provisions of this Chapter and the k:lentity of the oper- ator cannot be determined, there is a rebuttable.presumptian-tba1!he...o.wnes:.. is responsible for such violation. Title 10, entitled .Use of PubticWays and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 4, enti- tled "Facility Permit," is hereby amended by deleting Section 4 in its entirety and substituting in its plaCe the following: A. Permit Required: It shall be unlawful tor any person or group of persons to use any park or the facilities of any park with- out complying with the requirements of Tille 10 Chapter 1 including first having obtained a parade/public assembly per- mit if appll~bIe.._~_ B. Secured Sheller: No person or spon- soring agency shall use a secured shel- ter without obtaining Ihe authorization of the Director or designee. C_ Park Facility:: Any person or sponsor- ing agency may reserve a park facility by completing a filing an application with the Director on a form prepared by the Director. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 5, enli- tied "Fees for Use of City Park and Recreation Areas and Facilities," Subsection B is hereby amended by deleting Subsection B in its entirety and substituting in Its place the following: B. Reduction or Waiver of Fees: Notwithstandilg the above, the Director IS authorized to reduce or waive fees for use of park facilities or equipment for affiliate groups or organizations providing public recreational opportunities and which are under the sponsorship or c0- . sponsorship of the Parks and Recreation Department Title 10, entitled "Use of Public Ways and Property,. is hereby amended by adding 8: new Chapter 11, enlitled "Farmers Market," as follows: 10.11-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply: DIRECTOR: The Director of City Parks and Rec,eation Department. FARMERS MARKET: An open-air mar- ket sponsored by the City in the Chauncey Swan parking ramp that is Intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which con- form to all applicable city, county, and state health and safety provisions, includ- Ing state department of agriculture regu- lations. FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy a stall and to sell items in the Farmers Market. PERSON: A natural person. SEASON VENDOR: A Farmers Market Vendor who is authorized by the City to occupo; a slall tor the entire season. STALL: A space designated by the Director in the Farmers Market that a Farmers Market Vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 10-11-2; REGISTRATION -A. Authorization Required. No person shall sell or offer tor sale any item at the Farmers Market without authorization from the Director or designee. B. Obtaining Authorization. In order to receive authorization, a person shall reg- ister with the Director at least one (1) day In advance of the market dale on atorm prepared by the Director. C. Registration Form. The registration form shall conlail the following informa. lion: 1. Name, address, and telephone num- ber of the Farmers Market Vendor. 2. Agreement 10 indemnify the City. 10-11-3: STANDARDS FOR GRANTING OR DENYING AUTHORIZATION The Director or ctesignee shall examine the registration form and shall grant authorizalion if the following condiOOns are met A. All applicable fees have been paid. B. A stall is available. C. The person has not had his or her Farmers Market authorization revoked in the last year. D_ If there are not sufficient stalls lor aU persons who apply for a stall, a ~ason \>5 '\~ C1 Vendor from the previous calendar year shall have priority over a person who was not a Season Vendor from the previous calendar year. 10.11-4: APPEALS A. Any party aggrieved by the decision of the Director to grant or deny authorization under this Section may appeal within ten (10) calendar days of the date of the decision by filing a written notice of appeal with the City Manager B. The hearing shall be before the City Manager, who may reverse, affirm or modify, in any regard, the deter- mination of the Director based upon the standards enumerated herein. The City Manager's decision is the final decision of the City. 10-11-5: REVOCATION OF AUTHORIZATION A. Authorization may be revoked by the Director if: 1. The Farmers Market Vendor has mis- stated in any way material facts on the registralion form 2. There is a material variance between the information on the registration form and the facts reasonably ascertained by the Director, 3. When, by reason of disaster, publiC calamity, riot or other emergency, as determined by the Director, City Manager, Rre Chief, or Chief of Police, that the safety of the public requires such revocation. 4. The Farmers Market Vendor is operat- ing in violation of the terms and concli- lions of the authorization. B. A person may appeal a revocation of authorization in the same mannei' as appealing the denial of authorization as provided in this chapter. 10-11-5: ADMINISTRATIVE RULES The Director is authorized to establish administrative rules. A copy of said rules shall be on file with the City Clerk. 10.11-6: FEES Fees for authorizalion of a Farmers Market Vendor shall be established by resolution of the City Council. 10-11-7: PENALTIES Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. SECTION II. REPEALER. All ordi- nances and parts of ordinances in con- flict with the provision of this Orcfinance are here_by repealed. SECTION III. PENALTIES FOR VIOLA- TION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provi-sion or part of the Ordinance shaD be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-tutional. SECTION IV. EFFECTIVE DATE. This Orcfi-nance shall be in eflect after its final pas-sage, approv-al and publication, as provided by law. Passed and approved this 4th day of May, 2004. s/Ernest W. Lehman, Mayor _Attest: slMarian K. Karr, City Clerk 59441 May 12, 2004 ! ~ 1 ----= -4.... ~~~~"'!. ~~....H~ .... .. 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. 04-4126 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of May, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 12th, 2004. Dated at Iowa City, Iowa, this 8th day of June, 2004. 'c::J ~.s ,~~~~~.\) Julie . oparil '-.J Deputy City Clerk Printer's Fee $ 3 ~ . 3d- CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the follOwing date(s): .~~ (1 'c}-.J J -' ::;.. nn L{' '-~~/1~ Legal Clerk Subscribed and sworn to before me this I;) H-.. day of .':1J1 (~ A.D, 20~. (; 1 kllA.L'1)1 LtAv/ Notary Public iJ ORLENE MAHER f f Commi..km Number 715848 My Commlulon Expires 0.. April 2. 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4126 AN ORDINANCE AMENDING THE CITY CODE, TITLE 14, "UNIFIED DEVELOP- MENT CODE", CHAPTER 1 "STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY", "ARTICLE A. STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY GENERALLY", SEC- TION 14-1A.6, "MAINTENANCE OF PUBLIC RIGHT OF WAY" TO IMPOSE LIABILITY ON ABUTTING PROPERTY OWNERS FOR FAILURE TO MAINTAIN ALL PUBLIC RIGHT OF WAY LOCATED BETWEEN THE EDGE OF THE STREET OR CURB LINE AND THE PROPERTY LINE. WHEREAS, the current ordinance gov- erning maintenance of the public right of way. imposes the responsibility on the abutting property owner to maintain all public right of way located between the edge of the street or curb line and the property line, which includes sidewalk ~\ntenance, but does not specifically Impose liability on the abutting property owner for failure to maintain such proper- ly. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. Title 14, enti- tled "Unified Development Gode", Chapter 1, "Streets, Sidewalks and Public Right of Way", "Article A. Streets, Sidewalks and Public Right of Way Generally", Section 14-1A-B, "Maintenance of Public Right of Way", is hereby amended by repealing Section 14-1 A-B, and enacting in lieu thereof a new Section 14-1 A.B to be codified and to read as follows: 14-1 A..fi. The abutting property owner shall maintain aU public right of way locat- ed between the edge of the street or curb line and the property line, and shall keep such area in a safe condition free from defects, debris, nuisances, obstructions or any other hazard. The abutting proper- ty owner may be liable for damages caused by failure 10 maintain the public right of way located between the edge of the street or curb line and the property line. The abutting property owner shall maintain the sidewalk in a safe condition, in a state of good repair, and free from defects. The abutting property owner may be liable for damages caused by failure to maintain the sidewalk. Notwithstanding the obligations imposed hereunder, the property owner shall in no event remove diseased trees or dead wood or plant, trim, remove or treat any tree or plant malerial on public right of way without first obtaining a permit from the City Forester. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are here- by repealed. SECTION III. SEVERABILITY. If any sec- tion, 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, 01 any section, provision or part 'thereof not adjudged Invalid or unconsti- tutionaL 59442 SECTION, IV. EFFECTIVE DATE. This Ordinance'shall be in effect'after its final passage, approval and publication,. as provided by law. Passed and approved this 4th day of May, 2004. sJErnest W. Lehman, Mayor Attest: $/Marian K. Karr City CJer,,"_,. May_~ I ~ 1 -~ =- -ltl.... !..~ai~'"t. '-.... ~a:a.~ ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.lcgov.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. 04-4127 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of May, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 26th, 2004. Dated at Iowa City, Iowa, this 8th day of June, 2004. ~\<-~ ~ Jull . oparil ~ "" Deputy City Clerk Printer's Fee $ \ D,).'8'j, CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: I , THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the following date(s): JY'\ 6. 0-- ~lo " 'J.r) () ~/ ~i<-.<~ Legal Clerk Subscribed and s~ to before me this rl1 Q-t I\... day of (~ --, A.D, 20 0'-1 , (0)~t Yrl~ Notary Public tj:! ORLENE MAHER Comml..lon Number 715848 My Commission Expires April 2. 2005 =- CYv6. () <-\ - ~ \C\ '1 OFFICIAL PUBLICATION ORDINANCE NO. 04-4127 AN ORDINANCE REZONING APPROXI. MATELY 24.1 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE. FAMILY RESIDENTIAL ZONE (RS-S). SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON SOUTH SYCAMORE STREET EAST OF SOUTHPOINT SUBDIVISION WHEREAS, Mike Roberts has applied for a rezoning of approximately 24.1 acres of property from ID-RS 10 RS-5; and WHEREAS, said property is located on the east side of South Sycamore Street, south of Stanwyck Drive, and east of the Southpoint subdivision; and WHEREAS. the South District Plan identifies the area this property is in as appropriate for single family, residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard public input, and has recommended approval subject 10 condiOOns;and WHEREAS, the conditions recom- mended by the Commission are related to funding future Sycamore Street improvements, access, and subdivision design considerations, in order to ensure the neighborhood design principles in the South District Plan are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAl. Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated he'rein, the property described below is hereby reclassified from Interim Development Residential Zone (ID-RS) to Low Density Single- Family Residential zone (RS-5): Commencing at the Northwest Corner of the Southwest Quarter of the Southeast Quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M. Thence S000036'S4"E, along the west line of Southwest Ouarter of the Southeast Quarter of said SeCtion 23, a distance 100.01 feet, to the Point of Beginning; Thence N88co34'OrE, 1028.47 feet; Thence Southeasterly, 85.80 feet, along an arc of a 100.00 toot radius curve con- cave Southwesterly, whose 83.19 foot chord bears S66oo51'04"E; Thence S42co16'14"E, 136.48 feet; Thence SOQoD43'02"E, 651.65 feet; Thence Southwesterly, 97.44 feet, along an arc of a 375.00 foot radius curve, concave Northwesterly, whose 97.17 foot chord bears SQ6oo43'36"W; Thence SBSc032'10"W, 1184.20 feet, to a point on the west line of said Southeast Quarter; Thence NOOco36'54"W, along said west line 886.63 feet, to the Point of Beginning. Said tract of land contains 24.12 acres, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the _City_ of Iowa C~_ Iowa, to conform to lhis amendmentupoo the final passage, approval and publication of this ordi- nance by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the ConditioFlal Zoning Agreement between the property owners, the applicant, and _ the City of Iowa City. _______------' flJ\\~ SECTION IV: CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after exe- cution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy ,of this ordinance and the Conditional Zoning Agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in con- flict with the provi-sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconsti-tutional. SECTION VII. EFFECTIVE DATE. This Ordi-nance shall be in effect after its final pa~sage, approv-al and publication, as prOVided by law. Passed and approved this 18th day of May, 2004. sJErnest W. Lehman, Mayor Attest slMarian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City?f Iowa City, Iowa, a municipal cor- poration (hereinafter "City"), and Mike Roberts Construction (hereinafter "Applicant"), and Niffenegger Family Trust (hereinafter "Owner"); and WHEREAS, Owner is the legal titleholder of approximately 24.12 acres of property located on the east side of Sycamore Street south of Stanwyck Drive; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Interim Development Residential zone (lDRS) to Low-Density Single.Family Residential zone (RS-5); and WHER.~S, the Planning and Zoning CommiSSion has determined that, with appropriate conditions regarding access, construction vehicle access, funding of future Sycamore Street improvements, ,,!-n~ subdivision design provisions, the lIming of the rezoning is appropriate and the single-family residential zoning is in conformance with the South District Plan; and WHEREAS, Iowa Code ~14.5 (2003) provides that the City of Iowa City may Impose reasonable conditions on granti- ng an applicant's rezoning request, over and above existing regulations, in order to satisfy publiC needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the developml:lcnt of the property does not cause a direct traffic impact on South Sycamore Street before it is funded for improvement, does not attract excessive constliJction-related traffic through resi- dential streets, contributes to the future reconstruction of South Sycamore Street, and generally conforms to the neighbor~ hood design principles of the South District Plan and Comprehensive Plan; and ~. ~L\ - Yo,\ ~ J' ~\~ , WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and conditions of a conditional zoning agl"eemenl NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Niffenegger Family Trust is the legal title holder and Mike Roberts Construction is the Applicant for a rezon- ing of the property legally described as follows: Commencing at the Northwest Corner of the Southwest Quarter of the Southeast Quarter of Section 23. Township 79 North, Range 6 West of the 5th P.M. Thence SOQ<>a36'54"E, along the west Iineot Southwest Quarter of the Southeast Quarter of said Section 23. a distance 100.01 feet, to the Point of Beginning; Thence N88oo34'07"E, 1028.41 feet; Thence Southeasterly, 85.80 feet, along an arc of a 100.00 foot radius curve, concave Southwesterly, whose 83.19 foot chord bears S66oo51'04"E; Thence S42oo16'14"E, 136.48 feet; Thence SOOCXl43'02"E, 651.65 feet; Thence Southwesterly, 97.44 feet, along an arc of a 375.00 foot radius curve, concave Northwesterly, whose 97.17 toot chord bears S()60c43'3t3"W; Thence S88oo32'10"W, 1184.20 teet, to a point on the west line of said Southeast Quarter; Thence NOOoo36'54"W, along said west line 886.63 feet, to the Point of Beginning. Said tract of land contains 24.12 acres, and is subject to easemenl$ and restrictions of record. 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development that conforms to the principles of the Comprehensive Plan and South District Plan. Further, the par- ties acknowledge that Iowa Code ~414.5 (2003) provides that the City of Iowa City may im!'Ose reasonable conditions on granting an applicant's rezoning request, over and abOl/e the existing regulations, in order to satisfy public needs caused by the requested change, including provi- sions for funding of the adjacent arterial street, access to the property, and subdi- vision design principles. Therefore Owner and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the CitY's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The subdivider is required to contribute toward the cost of improving South Sycamore Street at a rate of $2,894.68 per acre of property as it is final platted. Said funds will be deposited with the City of Iowa City prior to the first occupancy permit being issued for any lot in any final plat on this property. b. Up to 29 lots maybe platted with access to Gable Street before a second access to Sycamore Street Is required for further development to occur. After the 29 ols with access to Gable Street are developed, a connection to Sycamore Street is required before additional 1015 are platted. c. No direct access to Sycamore Street will be permitted until the reconstruction of South Sycamore Street adjacent to the subject property is in a funded year in the City's capital improvements program. d. The property owner and/or subdivider shall dedicate 45 feet of property from the centerline of South Sycamore Street as right-of-way for South Sycamore Street, along the property's frontage with South _ Sycamore Street. e. 1,"0 the extent possible, construction vehicle access shall be from South Sycamore Street, except during times when heavy vehicles are embargoed oh South _ Sycamore Street. The developer/subdivider shall make every effort to communicate this to indivk:lual builders. acc~ssing the -property. !. To fulfill neighborhood design principles In the South District Plan and C?omprehenslve Plan, the following condi- tions shall apply to the subdivision design for the property: i. Street co~nections to the north (at Stanwyck Drive), west (at Dickinson ~ne), and south are required; and II. At least 300 feet of public frontage along the Sycamore Greenway Trail is required; and iii. A sidewalk connection from the north- east of the property to the Sycamore Greenway Trail is required. 4. The Owner, Applicant, and City acknowledge that the conditions con- tained herein are reasonable conditions to impose on the land under Iowa Code ~414.5 (2003), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner. Applicant. and Cfty aCknowledge that in the event the subject property is transferred, sold, redevej. oped, - or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land and shall remain in full force and' effect' as a c~nant with litle 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 bene1\t ~f and bind ~II successors, representa- tives, and assigns of the parties. 7. .Applic~! acknowledges that nothing in thiS Conditional Zoning Agreement shaW be construed to relieve the Owner or Applicant from complying with all other applicable focal, state, and federal regu- lations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning ~ subject property, and that upon adop- tion and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's OQice at the Applicant's expense. Dated this 16th day of April, 2004. CITY OF IOWA CITY NIFFENEGGER FAMILY TRUST slErnest W. lehman, Mayor slAoss J. Niffenegger Terry Michael Roberts, d/b/a Attest: Marian K. Karr, City Clerk MIKE ROBERTS CONSTRUCTION slTerry Michael Roberts 59560 May 26, 2004 1 ~ 1 -~= -~.... ~~W~~ ~~...aa.~ - ... CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.lcgov.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. 04-4128 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of June, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 9th, 2004. Dated at Iowa City, Iowa, this 9th day of July, 2004. ~t 0 \,,~ ~~\J-, Julie . oparil Deputy City Clerk Printer's Fee $ 5/. '80 CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper -! time(s), on the follOWing daters): ,TI J \/--e 9) d-.Jln~ YA~ Legal Clerk ,Subscribed and slfrn to before me thiS q t-k.. day of l.Lo~ A,D. 20fl...':L, ~ Notary Public ~". f 1 ... ORLENE MAHER Commission Number 715848 My Commission Expires April 2. 2005 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO, 04-4128 ORDINANCE AMENDING TITLE 3, "CITY RNANCES, TAXATION AND FEES:' CHAPTER 4, "SCHEDULE OF FEES. RATES, CHARGES, BONDS, RNES AND PENALTIES" OF THE CITY CODE, TO DECREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY. IOWA AND TO INCREASE THE FEE ASSOCIATED WITH CHECKS RETURNED FOR INSUFFICIENT FUNDS, , WHEREAS, pursuant to Chapter 384, Code of Iowa (2003), the Cityof Iowa City is 'I authorized 10 establish and provide for the collection of rates to pay for the City's utility. systems. including the City's water supply and treatment system; and WHEREAS, water rates were increased in 2000 to generate adequate revenues to paY..1 th;e estimated costs of operation, maintenance, necessary expansion and debt service for the City's potable water supply and treatment system; and ! WHEREAS, the bid for construction of a new water supply and treatment facility and dis~ ' lribution system was less than projected; and WHEREAS. present water rates will result in unnecessarily large reserves and can safe- ly be reduced without harming the financial condition of the City of Iowa City Water Division, both short and long term; and WHEREAS. the Iowa City City Council proposes 10 decrease water user fees by 5% for billings on or after July 1:. 2004 to adequately finance the City's water supply and treat- ment facility and distribution system; and WHEREAS, the Iowa City City Council proposes to increase the fee to customers for.. i ProceSSing checks returned for insufficient funds from $10.00 to $15.00. ' NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: S'ECTION I AM!;,NOMFNT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use; and Service,~ of the City Code is hereby amended by: a. Repealing the subsection entitled .Water Service Charges' in Section 3-4-3 and substituting the following in lieu thereof: Amou~ of Fee, Charge, Bond Fine or Penaltv Waler Service o,arges (14.3A-4) Minirn.lmmonthlyuser charges for waler service forfleflrst 100cubiciaet or less of watEr used, based on meter size MeterSize July 1, 2004 {fnches! Charge 6.75 7.37 1 8.6g 1 17.34 2 23.30 3 43.06 4 75.13 6 151.17 Thel"i1lnimum charges for larger rOOters will, be based on comparative cosrs, 'to a 6" tMIer. The minimum monthly Charge for an account holder who fumishes and ma1ntair'ls I the meter at the account holder's cost will be based on the minimum for a 518 inch 'meter, regardless of Ihe size. 5!3 There will be no minimum monthly charge for a single-purpose water meter for the months of November to March if no water is used. '-bnlhlyusercherges for~lerine%:EIssof 10lJw, ft. permonth kii" dUal PUlpOse mer metelS Monthly Usage {Q,LBJ 1Q1tJ 3,000 cu.ft 3.15 July1,2004 Cha r{le Over 2.28 3,000 cu.ft Slngh-pulpOSeffieler Over100 3.15 charges for water in 8Jl:8s$of 100 cu. fl. per month Reknned d1eckl 15.00 autonilticbankdebit for payment of city ulillyservices Disccunt for canbined 1.00 aCCOlJ'llsenrolod in SurePay, perblling SECTION II RFPEAI ER AU ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such f..:::judication shall not affect the valid- ity of the Ordinance as a whole or any section, provision or part thereof not adjudged invaiiQor unconsti-tufional. SECTI()N IV EFFECTIVF DATE. This Ordi-nance shall be in effect after its final pas- sage, approval and publication, to be collected as set forth in ~14-3A-4, City Code. . Jand" , I L J this 1st day of June, 2004 slErnest W, Lehman, Mayor Attest: slMarian K. Karr, City Clerk . 59710 June 9, 2004 1 ~ 1 -,...,= -4.... ~~~Wl:~ ~~...aat~ _.. 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.lcgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY) I, Julie K. Voparil, Deputy City Clerk of the City ofIowa City, Iowa, do hereby certifY that the Ordinance attached hereto is a true and correct copy of the Ordinance No, 04-4129 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of June, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 23rd, 2004. Dated at Iowa City, Iowa, this 9th day of July, 2004. '" ~ \\J~~" Julie~l Deputy City Clerk - Printer's Fee $ '-f). . J ~ CERTIFICATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): ~Ull\.e d--) ;:)()()cj V~)..~ Legal Clerk Subscribed and sW!1rn to before me this ';) 3Ml day of I A ,1.A...9------' A.D, 20 /)L./. {I ~jCA,2-1h~ Notary Public iJ ORLENE MAHER f ~~ comminton Number 715U8 My Comml..lon expires ., April 2, 2005 , - OFFICIAL PUBLICATiON ORDINANCE NO. 04-4129 AN ORDINANCE AMENDING THE ZON- ING CHAPTER BY CHANGING THE ZONING DESIGNATION OF 8.07 ACRES FROM RESIDENTIAL MEDIUM DENSITY _ SINGLE-FAMILY (RS-B) TO OVE~LAY PLANNED DEVELOPMENT HOUSING MEDIUM DENSITY SINGLE. FAMILY RESIDENTIAL. (OPDH-S) AND APPROVING A PRELIMINARY OPDH PLAN FOR PROPERTY LOCATED SOUTH OF WHISPERING MEADOWS AND WEST OF SADDLEBROOK. WHEREAS, the property owner, The Saddlebrook Meadows LLC, has requested a rezoning to allow the devel. opment of a mix of single-family, zero-lot line, townhouse and duplex dwellings; and WHEREAS, the Planning and Zoning Commission has found that the proposed Planned Development Overlay (OPDH-B) plan provides many design features encouraged by the South District Plan including common open space, a variety of housing designs, front porches; and WHEREAS, the Planning and Zoning Commission has found that the plan uses alleys and housing design techniques 10 minimize -curb cuts and the visual domi- nance of garages and front yard paving as recommended by the Comprehensive Plan for medium and higher density developments; and WHEREAS, the Planning and Zoning Commission found the preliminary OPDH plan to be in conformance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed preliminary OPDH plan, including variations from the underlying AS-S zoning to allow a mix of single-lam- ily, zero-lot line, townhouse and duplex dwellings; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and.Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAl. The property described below is hereby _ reclassified from its current zoning designation of medium density single family residential (AS-8) to Overlay Planned Development Housing Medium Density Single-Family Residential (OPDH-8) and the associated preliminary OPDH/planned development housing plan is hereby approved: A portion of Auditor's Parcel #2003096 lying in the NW 1/4 NW 1/4 Section 25, T, 79N, R6W, of the 5th PM., Johnson County, Iowa, described as follows: Commencing at a concrete monument found marking the NW Comer of said Section 25; thence N88021'05"E - 627.56 feet along the north line of said NW 1/4 NW 1/4 to the Point of Beginning of the Parcel herein described: thence N88021 '05"E - 605.86 feet to the north- east corner of said Auditor's Parcel #2003096; thence SOOoQ9'02"E - 590.76 feet along the east line of said Auditor's Parcel #2003096; thence 889050'58"W - 603.04 feet; thence NQOo09'02"W - 474.96 feet; thence N01038'55"W - 100.00 feet to the Point of Beginning. Said--Pwcel contains 8.07 acres. SECTION II. VARIATIONS Section 14- BJ-2-D-7 of the City Code provides that combinations of land uses are permitted and variations in building setback and lot area requirements may be approved tor planned developments, and Section 14. BJ-2-B of the City Code provides for flex- ibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking, and related site and design considerations. The following waivers are approved as pari of the Preliminary OPDH Plan: . a. The A$-B minimum lot width ~d min- imum lot area requirements are reduced for certain lots as shown on the prelimi- nary OPDH plan; and b. The minimum pavementwidlh 1c)'L Blazing Star Drive is reduced trom 28 feel to 26 feet. SECTION III. ZONING ~AP The b;Uilding official is hereby authonzed and directed to change the zoning map of the CIty of Iowa City, Iowa to conform 10 this amend- ment upon the final passage, approval and publication of this ordinance as pro- vided by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property, and r9C0rdthe same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the linal passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in con- flict wilh the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part a! th.e Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affecl the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordi-nance shall be in effect after its linal passage, approval and publicalion, as provided by law. Passed and approved this 15th day of June, 2004. stErnest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 57366 June 23, 2004 i! 1 -"....::::;. -4.. ~~~!:~ <~..gg~~ ~&a CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 [9) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY) I, Julie K. V oparil, 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. 04-4130 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of July, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 14th, 2004. Dated at Iowa City, Iowa, this 10th day of August, 2004, . I:;;::, ~~~~.~,'l, JulIe K.' opanl Deputy City Clerk Printer's Fee $ :;. 3. '-i J CERflFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): :T LLL'd- J1 'J.{JO '-f / YAL~ Legal Clerk Subscribed and sworn tcp before me this I L/I-A. day of rJ LA d=- ~20 6'1. ~.~ Notary Public f,i} ORLENE MAHER Commis.ion Number 715841 My CommissIon Explf9S ... April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4130 AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROX~ MATElY 3,n ACRES FROM CG-2, COMMUNITY CO!!MERCl"'" rop, PUBLIC, FOR PROPERTY lOCATED SOUTH OF MAll DRIVE. WHEREAS, the property at Mall Drive, owned by the Iowa. City Community School District. is currently zoned CC-2, Community Commercial; and WHEREAS, Seelion 14-eJ.7B requires thai land owned by a gGYerilmental entity shall be zoned' P, Public; and WHEREAS, the Iowa City Community School District has requested the rezon. ing of this parcel of property from its cur- rent zoning designation to Public (P); and WHEREAS, the zoning classification P, Public, serves as a notice function to lhose owning Of buying land In proximity to publicly owned Janet NOW. THEREFoRE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF ICYWA CITY. ICYWA: SECTION I. APPROVAL. The "ercel deacrtbed below is hereby I'&e\BSStfied from its current zoning designation of CC-2, Community Commercial, to p, Public: Lots 1 through 9. a resubdivision 01 Lot 5, and a portion of Lots 4 and 6 of a resub- division of a part of Lot 4 of Ohls Subdivision, Iowa City, Iowa in accor- dance with the plat thereof recorded in Plat Book 34, page 248, of the records of the Johnson County Recorders Office. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change Ihe zoning map of the City of Iowa City, Iowa, to conform to thiS amendment upon the final passage, approval and publicatlon of this ordi- nSlnce as provided by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cer- tif'/ a copy of this ordinance and to record the same at the office of the County Recorder 01 Johnson County, Iowa, aU as provided by law. SECTION IV. REPEAL.ER. All ordi- nances and partS of ordinances in con- fllct with tlle proviSions of 1his Ordinance are hereby repealed. SECTION V. SEVERABIUTY.1f any sec- tion, ,provision or part of the Ordinance Shall be adjudged to be invalid or uncon- sti1utional, such adjudication shall not af'f6ct the validity of the ..9Ri\nanoe !is a whOle or any section; pnMSlon or part thereat not adjudged invalid Or unconsti- 1utionaf. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication, as provided by law. PaSsed &net If)proved this 6th day otJuW, 2004. stErnest W. Lehman, Mayor Attest: slMari8n K. Karr, City Clerk 57657 July 14,2tl04 1! 1 -~= -~... !~~~~~ ~~"Im~~ -"\ ... CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www,;cgov.org STATE OF IOWA ) ) S8 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, 04-4131 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of July, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 14th, 2004. Dated at Iowa City, Iowa, this 10th day of August, 2004, \ ~.~~~~ \) Julie . oparil '-' Deputy City Clerk Printer's Fee $ c2 q, 45 CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper / time(s), on the following date(s): J Li L-';j / 'l d-OO '--/ ~-A L-t;; Legal Clerk Subscribed and s~W ;efore me this ~ay of A.D, 20 0) , (j eJ.~ ltJJwJ Notary Public iJ ORLENE MAHER f ~ Commihion Number 715848 , , My Commi..ion Expires .. Ap'lI a. 200S OFFICIAL PUBLICATION ORDINANCE NO. 04-4131 AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXI. MATElY 10 ACRES FROM ID-RMlOHP. INTERIM DEVELOPMENT MULTIFAMI- lY RESIDENTIAU HISTORIC PRESER- VATION OVERLAY, TO ID.RSJOHp, INTERIM DEVELOPMENT SINGLE FAMilY RESIDENTlAUHISTORIC PRESERVATION OVERLAY, FOR PROPERTY lOCATED AT 2460 SOUTH GilBERT STREET. WHEREAS, the applicants, Don and Lori Cochran. has requested that said proper- ty be rezoned from ID-RM/OHP, Interim Development . Multifa"!ily ResidElntiallHistoric Preservation Overlay, to ID-RS/OHP, Interim Development Single Family ResidentiallHistoric Preservation Overlay; and WHEREAS. the proposed zoning change conforms with the South District Plan; and . WHEREAS. within the ID-RS zone, this property may be subdivided into two five- acre lots; and WHEREAS, the Planning and Zoning Commission recommended approval of the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPRQVAL 1.Tha property described below is hereby reclassified from.. its present classification of 10. RM/OHP, Interim Development Multifamily . Residential/Historic . Preservation Overlay, to ID-RSlOHP, Interim . Development Single Family Residential/Historic Preservation Overlay. . Beginning at the center of Section 22, Township 79N, Range 6 West of the Fifth Principal Meridian. Johnson county, Iowa. thtnc8 west a distance of 292.7 feetto the center of Gilbert Street; thence south 28 degrees east, a distance of 622.91 feet; thence east, a distance of 645.9 feet; thence north, a distance of 550 feet to the north line of the southeaSt quarter of said Section 22. thence west, a distar\ce of 645.65 feet to the poInt of beginning, containing 10 acres., more or less. subject to the right..of.way of the road. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City. Iowa, to conform to this amendment. upon. the final passage, approval and publication of this ordi- nance as provided by law. SECTION III. CERTIFICATION AND RECORGING. Upon passage. aM approval of the Ordinance, the City Clerk is hereby authorized and directed to cer- tify a copy ot this ordinance and to record the same. at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in con- flict with the provi-sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any sec- tion, provi-sion or part of the Ordinance shall be adjudged to be invalid or uncon- .-MituIkainaI; suc:h...ad;udlcationshaH not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged inva/ic;l or unconsti- tutional. SECTION Vl. EFFECTIVE DATE. This Ordi-nance shall be in effect after its final passage; approv-al and publication, as provided by law. Passed approved this 6th day of July, 2004. and s/Ernest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 57658 July 14, 2004 1! 1 -~:::. -~.... !~lW!:~ '---';'~~IZD. ~ca~ti;. ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www,lcgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY) I, Julie K. V oparil, 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. 04-4132 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of July, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 28th, 2004, Dated at Iowa City, Iowa, this lOth day of August, 2004. ~"."x,~~~ Julie. aril ~ Deputy City Clerk ~. () '-I _ Ll \" " , --> "'--, Printer's Fee $ ~ 'J . s '6 CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): :rl~ I_J :?-f- ~)O() Y / ~~ Legal Clerk Subscribed and swarn to before me this ':) ;r HA day of (-, ) d- '<-I (I A,D, 20 {J , (J~ p o~Ljh /; Jluu; ~ Notary Public @ ORLENE MAHER . ~ Commission Number 715848 My Commluion Expires ... April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4132 AN ORDINANCE REZONING APPROX- IMATELY 35,05 ACRES FROM RESEARCH DEVELOPMENT PARK ZONE, RDP, TO OFFICE COMMERCIAL ZONE, CO-1, SUBJECT TO CONDI- TIONS, FOR PROPERTY ALONG THE EASTERN PORTION OF NORTHGATE DRIYE IN NORTHGATE CORPORATE PARK WHEREAS. Southgate Development has applied for a rezoning of approximately 35.0~ acres of Northgate Corporate Park, specifically property on either side of Northgale Drive. from Research Development Park zone, RDp, to Office Commercial zone, CO-1; and WHEREAS. the Comprehensive Plan identifies this area as appropriate for Office Park development; and WHEREAS, the property was rezoned from CQ-1 to RDP in 1989 in order to attract light manufacturing and medical res~arch-related firms. but these types of bUSinesses have not been locating in . Northgate Corporate Park; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval subject to conditions; and WHEREAS, the conditions recommend. eel by the Commission, specifrcally a min- imum one-acre lot size and preservation of a 70.foot wide landscaped parkway e~ment along one side of Northgate Drive, are to ensure the office park appearance of the property is maintained and to minimize the potential for small neighborhood offices to relocate there, in order to preserve the office park for high- er generating business. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SEcnON I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from Research Development Park zone RDp, to Office Commercial zone, CO-1; , Lots 5, 6, 7, 15, 16 and 17 of Highlander Firs~ ~ddition; and all of Highlander Third Addition as recorded at the Office of the County Recorder of Johnson County Iowa. ' The property described below is hereby reclassified from Research Development Park, RDP. to Office Commercial Zone CO-1 , without being subject to ~ Conditional Zoning Agreement: Lot 4A of Highlander Second Addition, also known as Auditor's Parcel #95082. S~~TI9N U. ZONING MAP. The building offICial,s hereby authorized and directed to cha~ge the zoning map of the City of Iowa City, Iowa to conform to this amend- ment upon the final passage, approval and pubfication of this ordinance as pro- vided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance. the Mayor is hereby authorized and directed to sign and the City Clerk to attest the Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa City. Lot 4A of Highlander Second Addition is not subject to the Conditional Zoning Agreement. SECTION IV. CEIITlFICATION AND RECORDING. Upon certification and recording upon passage and approval of the ordinance and after execution of the Conditional Zoning Agreement, the City cterk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the Office of the County Recorder of Johnson County, Iowa aI the owner's expense, aU as pro- vided by law. ~j\~ ~ tv. REPEALER. All ordi- and parts of ordinances in con- m .th the provi-sions of this Ordinance ,hereby repealed. SElmON V. SEVERABILITY. If any section. provi.slon or part 0' the Ordinance shall be adjudged 10 l;le invalid or unconstitutional. such. adjudication shall not affect the validity of the Ordi~~e as a whole' or any section, provIsion or part thereof not adjudged Invalid or unconsti-tutional. SECTION VI. EFFECTIVE DATE. This Ordi-nance shall be in effect after its final passage,approv-al and publication, as provided by law. Passed and approved this 21 st day of July, 2004. sJErnest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City. Iowa, a municipal cor- poration (hereinafter "City-). and Hartwig OMS Holdings, L.L.C., Liberty Growth II. l.C., Preucil School of Music, Southgate B P Property, L.L.C., and Northgate One, l.L.C., (hereinafter "Owners"), and Southgate Development Company, Inc. (hereinafter "Applicant"); and WHEREAS. Owners and AppUcant are the legal titleholders of approximately 35.05 acres of property located on the along approximately the eesternhalf of Northgate Drive, more speCifically described below; and WHEREAS. the Applicant has requested the rezoning of said property from Research Development Park zone (RDP) to Office Commercial zone (CO-1); and WHEREAS, the Planning and Zoning Commission has determined that, with preserving the minimum 1-acre lot size and the 70 foot-wide landscaped park- way easement already in place along Northgate Drive. the rezoning to Office COn;lmercial for these properties is appropriate; and WHEREAS, Iowa Code ~ 14.5 (2003) provic1es that the City of Iowa City may Impose (easonable conditions on granti- ng an applicant's rezoning request, over and above existing regulations. in order to satisfy pubnc needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to maintain the existing Office Park appearance of Northgate Corporate Park. and to erisure appropriate-sized businesses for a high- way-oriented Office Park; and WHEREAS, Owners and Applicant agree to use this property in accordance with the terms and conditions of a conditional zoning agreement. NOW. THEREFORE. in consideration of the mutual promises contained herein the parties agree as follows:' . 1. Hartwig OMS Holdings, L.L.C., Liberty Growth II, L.C., Preucil School of Music, Southgate B P Property, l.L.C." and Northgate One, L.L.C. are the legal title holders and Southgate Development Company, Inc. is the applicant for a rezoning of the property described as fol- lows; L~ 5,6,.!. 15, 16. and 17 of Highlander Flrs~ ~ddlllon; and aU of Highlander Third AdditIon, as recorded at the Office of the County Recorder of Johnson County Iowa. ' ~. Cl4-'-\-\-3~ \? J'~'-'()~ 2. Owners and Applicant acknowledge that the City wishes to preserve the appearance of Northgate Corporate Park as a highway-oriented Office Park. Further, the parties acknowledge that Iowa Gode ~414.5 (2003) provides that the City of Iowa City may impose reason- able conditions on granting an applicant's rezoning request, oyer and above the existing regulations, in order to satisfy public needs caused by the requested change. Therefore Owners and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning -.the subject property, Owners and Applicant agree that development of the property will conform to all other require- ments of the zoning chapter, as well as the following conditions: a. If the property is resubdivided in the future. there shall be a minimum 1-acre lot area requirement. b. The 70 foot-wide landscaped parkway and wide sidewalk easement, as depict- ed and described on the subdivisions Highlander First Addition, Highlander Second Addition, and Highlander Third Addition, as recorded in the Office of the Recorder of Johnson County, Iowa, will remain in place. c. The Owners, Applicant and City acknowledge that the conditions con- I tained herein are reasonable conditions to impose on the land under Iowa Code ~414.5 (2003), and that said conditions satisfy puolic needs that are caused by the requested zoning change. d. The Owners, Applicant and City acknowledge that in the event the proper- ty is transferred, sold, redeveloped, or subdivided, all redevelopment will con- form with the terms 01 this conditional zoning agreerrient. e. The Parties acknowledge that this con- ditional zoning agreement shall be deemed to be a covenant running with the. land and with title to the land, and shall remain in full force and effect as a COV(m8nt with title to the land unless or ~1I release of record by the City of Iowa City. The parties further acknowledge that this agreement shalt inure to the benefit of and bind all successors, representatives, and assigns of the parties. f. Applicant acknowledges that nothing in this conditional zoning agreement shall be construed to relieve the Owners or AppliCant from complying with all other .Al)5plicable local, state, and federal regu- lations. g. The parties agree that this conditional zoning agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adop- tion and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 16th day of June, 2004. CITY OF IOWA CITY stErnest W. Lehman, Mayor Attest: Marian K. Clerk Karr, City SOUTHGATE DEVELOPMENT CO., INC. sfTeresa L. Morrow, Vice President HARlWIG OMS HOLDINGS s/Andrew C. Hartwig UBERTY GROWTH II, L.C. s/Jerome Full PREUCIL SCHOOL OF MUSIC ~_~~j)ja Zeithamel SOUTHGATE B P PROPERTY, LL.C. sfTeresa L Morrow, Vice President NORTHGATE ONE, LLC. sfTeresa L Morrow, Vice President 57675 July 28, 2004 l! 1 -~= -~IM- ~~q~!:"'t. ~~_aa~~ -"\ ... CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No, 04-4133 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 11th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004. ~~~~~--J Julie . Vopanl Deputy City Glerk Printer's Fee $ I 'if, n CERflFICATE OF PUBLICATION STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper 1 time(s), on the ]wing date(s): /I d-OOt{ U9il'.t- .- Y-;A/~ Legal Clerk Subscribed and sworn to before me this Ii H. day of 0.11 (jA I " j- A.D,20 (jtj , G/7~O ~ Notary Public iJ ORLENE MAHER f f>! Commia.ion Number 715848 My Comml..ion E3C:plrn . April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4133 ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6J.2, TO ALLOW CONSIDERATION OF REDUCTION OF lOCAL PUBLIC STREETS IN PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH) ZONES. WHEREAS, the Planned Development Housing Overlay zone provideS a mech- anism tor lhe waiver of certain City requirements; and WHEREAS. the City has often reduced street widths for private streets contained within planned developments from 28 feet to 25 feet; and WHEREAS. in some limited situations where adequate parking spaces are available the City may wish to consider reducing pUblic street widths f(Om 28 feel to 26 feet; and WHEREAS, the Planning and Zoning Commission has recommended that the Planned Development Housing Overlay zone be amended to allow the consider- ation of the reduction of pubUc street widths from 28 feet to 26 feet. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. APPROVAl The following shall be added to Section 14-6J-2D7.f: The City may allow for reduction of street width from 28 feet to 26 feet where it is demonstrated, fa the satisfaction of the City, Ihat the street will carry low vol- umes of traffic and/or fhe planned devel~ opment contains alleys. The Cjty may restrict on-street parking on such streets. SECTION U. RFPFAL FR All ordi- nances and parfs of ordinances in con- flict with the approved provi-sions of this Ordinance are hereby repealed. SECTION III SFVFRABILlTY. If any section, prOviSion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sha!' not affect the validity of the Ordl~~ce as a whole or any section, prOVISion or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE OATE This Ordi-nance shall be in effect after its final passage, approv.al and publication, as provided by raw. Passed and approved this 3rd day of August. 2004. slEmest W. Lehman, Mayor Attest: slMarlan K. Karr, City Clerk. 57693 August 11, 2004 1 ~ 1 -~= -u:,~ :!:~~!:~ ~~~aa.CQ~~ ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.lcgov.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. 04-4134 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 11th, 2004, Dated at Iowa City, Iowa, this 7th day of September, 2004. ~ ~ . \,~~"^ ~ Julie . Voparil ~ Deputy City Glerk Printer's Fee $ ;;2 I. / t../ CERfIFlCATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the fAowing date(s): 11 9 ({ 'l t 1/);) 00 i ~/~ Legal Clerk Subscribed and swz:; to before me this II rt( day of A J ~J-- A,D.20 0,1, (:JAi!t~ Notary Public ~ ORLENE MAHER f -f Cotnmi..\on Number 115848 My Comml..lon Expires ... April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4134 ORDINANCE AMENDING TITLE 9 ENTITLED "MOTOR VEHICLES AND T~AFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITlED "SPEED RESTRICTIONS," SUBSECTION C, ENTITLED "SCHQOl SPEED ZONES" TO ESTABLISH SCHOOL SPEED ZONES BY WEBER SCHOOL AND GRANT WOOO SCHOOL WHEREAS, Weber Elementary School is located on Rohret Road between Wild Prairie Drive and Goldenrod Drive, and Grant Wood Elementary School is locat- ed near Sycamore Street between Callfornia Street and Lakeside Drive; WHEREAS, due to their proximity to ele- mentary schools. it is safe and reason- able for the speed on Rohrel Road betWeen Wild Prairie Drive and Goldenrod Drive and on Sycamore Streel between California Street and Lakeside Drive to be twenty (20) miles per hour from eight o'clock (8:00) A.M. through five o'clock (5:00) P.M. on Monday through Friday of each week' and ' WHEREAS, it is in the best interest of the City to establish these two school speed zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE GITY OF CITY, IOWA, SECTION I AMENOMF.:NTg Tifle 9: entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules. of the Road," Section 6, entitled "Speed Res1r\ct\ons," Subsection C, entitled "School Speed Zones," is nereby amend- ed by adding additional zones as foliQ~f1.;." Name of ~trf!et WhArA limit Aoolies Rohret Road from Wild Prairie Drive to Goldenrod Drive Sycamore Street from California Street to Lakeside Drive SF.CTION II REPFAI ER All ordinances and parts - of ordinances in conflict with the provision of this Ordinance are here- by repealed. SFr::TION III SEVFRABIUTY. If any section, provision or part of the Ordinance shall be adjudged to be \rwalid or unconstitutional, such adjudication shall not affect the validity of -1tle. 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 3rd day 01 August, 2004. stErnest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 57694 August 11, 2004 ,~ 1 -~= -~... f~w~~ ~~~"IID" ...,.... CITY OF IOWA CITY 410 East Wash! ngton 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. 04-4135 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 11th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004. ~'''-'-9 \",\l~~<) Julie. oparil ~ Deputy City Clerk Printer's Fee $ '-13, ()<-I CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper f time(s), on the following date(s): ALL~u "t II" ;).(J Q <I ~~ Legal Clerk Subscribed and sworn to before me this II H\ day of O.f.l~j- A.D, 20()~ ' QJJo~Lj~ Notary Public @ ORLENE MAHER Commission Number 715848 My Commission Expires .. April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4135 AN ORDINANCE AMENDING CERTAIN CHAPTERS OF CITY CODE TrrLES 7, 10, AND 14 TO INCREASE THE MUNIC- IPAL INFRACTION CIVIL PENALTIES FOR VIOLATING THE ELECTRICAL CODE, PLUMBING CODE, FIRE CODE, AND FUEL GAS CODE AND SNOW REMOVAL REQUIREMENTS IN CITY PLAZA. WHEREAS. Ordinance No. 02-4044 enhanced the civil penalties for certain municipal infractions relating primarily to nuisances and the building code, the housing code, the electrical code, the plumbi.ng code, the mechanical code, the fire code, and the illegal use of the right- of-way, which was consistent with the Neighborhood Housing Relations Task Force's recommendations; and WHEREAS, the electrical code, the plumbing code, and the fire code were recently amended in Ordinance Nos. 04- 4121, 04-4119, and 04-4118 respective- ly, as part of the regular code updating - process, but the enhanced civil penalty enacted in Ordinance No. 02-4044 was inadvertently omitted from these ordi- nances;and WHEREAS, in Ordinance No. 04-4122, the City enacted its first "fuel gas code," and the civil penalty for violation of said code should be the same as the enhanced penalty for violating the related building and housing codes; and WHEREAS, Ordinance No. 024044 also enhanced the civil penalty for failing to remove snow near buildings in city plaza, and Ordinance No. 04-4125 inadvertent- ly deleted the enhanced civil penalty for violation of said snow removal provision; and WHEREAS, it is in the public interest to adopt these amendments. NOW; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SFr.TtoN I AMENDMENTS 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled, .Civil Penalties for Municipal Infractions," Article D, entitled "Civil Citations for Neighborhood Related and Nuisance Infractions" is hereby repealed in its entirety and a new Article o is added which reads as follows: Enhanced Penalties for Certain Municipal Infractions: Civil penalties for municipal infractions of certain sections of this code as noted therein shall be punishable as provided in -the following schedule for each day a violation exists or continues: First offense $250.00 Second offense $500.00 Third offense $750.00 2. Title 7, entitled ~Fire Prevention and Protection," Chapter 1, entitled "Fire Code," is amended by adding a new Section 4 which reads as follows: Violation of this Chapter shall be a municipal infraction punishable by a penalty as provided in subsection 1-4-20 of 'this code. 3. Title 10, entitled_~Use 01 Public Ways and Property," Chapter 5, entitled "City _ Plaza," Section 6 is repealed in its entire- ty and a new Section 6 is added which - reads as follows: Removal of accumulations of snow and/or ice in Zone 1 of city plaza result- ing from building runoff shall be the responsibility of the adjoining property owner. Violation of this Section shall be a municipal infraction punishable by a penalty as provided in subsection 1-4-20 p-'~ls cod_~ __ 4. Title 14, entitled "Unified Development Code," Chapter 5, entitled uBuitding and Housing," Article S, entitled 'Plumbing Code," is amended by adding a new Section 6, which reads as follows: Violation of this Article shall be a munic- ipal infraction punishable by a penalty as provided in subsection 1-4-20 of this cod.. 5. Title 14, entitled ~Unified Development Code," Chapter 5, entitled "Building and Housing," Article C, entitled "Electrical Code," by adding a new Section 3 which reads as follows: Violation of this Article shall be a municipal infraction puniShable by a penalty as provided in subsection 1-4-20 of this code. 6. Title 14, entitled "Unified Development Cooe; Chapter 5, entitled "Building and Housing," Article N, entitled "Fuel Gas Code," Section 4 is deleted in its entirety and a new Section 4 is added which reads as follows: Violation of this Article shall be a munici- pal infraction punishable by a penalty as provided in subsection 1-4-2D of this cod.. SECTION II. REPEAl FA All ordinances and parts of ordinances in cqnflict with the provision of this Ordinance are.here- by repealed. SECTION III RFVERABILlTY If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section. provision or part thereof not adjudged invalid or unconsMutional. SECTION IV EFFECTIVE DATE This Ordi-nance shall be in effect after its final pas-sage, approv-al and publication, as provided by law. Passed and approved this 3rd day of August, 2004. stErnest W. Lehman, Mayor Attest: slMarian K. Kan, City Clerk 57695 August 11, 2004- ,~ 1 --= -~... f~iii~~ ....~...;."Sr...IIDI' ....,.~ CITY OF IOWA CITY 410 East Washi ngton 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, 04-4136 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 25th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004, ~al\\' ~~~~~ Ju .Voparil ~ Deputy City Clerk Printer's Fee $ .:2.)../J 5' CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J time(s), on the gwing date(s): l..'-(ju<:,t d..?20()L( '-::/~.~ Legal Clerk Subscribed and sworn to before me this :251f1 iday of 0 .IUn".J--- A,D.200 , ((?J~cb~ ~ Notary Public :iJ ORLENE MAHER . f Commi..Jon Number 715848 My Comml'.lon Expires 0" April 2, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04.4136 AN ORDINANCE REZONING APPROX- IMATELY 1.34 ACRES FROM COMMU. NITY COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MULTIFAMilY RESI- DENTIAL (RM"') ZONE FOR PROp. ERTY lOCATED AT 520-522 S. GILBERT STREET. WHEREAS, the applicant. James Clark, has requested that said property be rezoned from CC-2, Community Commercial, to RM.44, High ~nsity Multifamily Residential; and WHEREAS, said property is contiguous with a RM-44, High Density Multifamily Residential zone; and . WHEREAS, said rezoning is consistent with the comprehensive plan as amend- ed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF ICYWA CITY IOWA, SF'CTION L APPROVAl. The property described below is hereby reclassified iTom its ples&rrt c1assi1ication of CC-2, Community Commercial, to RM-44, High Density Multifamily Residential. Lyon's First Addition, Block 1, Lots 12,13,14,15 and 16. SFCTION II ZONING MAP, The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordi- nance as. provided by law. SFCTION III CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cer- tify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, rowa, all as provided by law. SFCTlON lV REPEALER. All otdi. nances and parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABILITY, If any sec- tion, 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shalf be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of August, 2004. s/Ernest W. Lehman, Mayor Anest: slMarian K. Karr, City Clerk 58216 August 25, 2004 ,~ 1 --= -~... f~!W~~ ~-"'''Sr'''IIDJ' ......~ 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 JOHNSON COUNTY ) )SS ) 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. 04-4137 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 25th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004. ~>O~~~ Julie . oparil ~ Deputy City Clerk Printer's Fee S Lj 0 ,'1 'J CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): }tl.l gu~ f d..'1. ;)00 1 ~~. Legal Clerk Subscribed and s~o before me this f) 5' fit day of CAAJ J j- A,D, 2010'/ , f , JUA./ Notary Public ~.. . ! . ORLENE MAHER Commission NUmber 715348 My Commission E)[plres April 2. 200S OFFICIAL PUBLICATION ORDINANCE NO. 04-4137 AN ORDINANCE REZONING, APPROXIMATELY 2.2 ACRES FROM PLANNED DEVELOPMENT HOUSING - HIGH.DENSITY SINGLE-FAMilY RESIDENTIAL, OPDH.12 TO PLANNED DEVELOPMENT HOUSING - MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL, OPDH-8, FOR LOT 77 OF WALDEN WOOD PART 6, lOCATED AT THE NORTHERN TERMINUS OF JENSEN STREET. WHER~S, Southgate Development has applied for a rezoning from Planned Development Housing - High-Density Residential, OPDH-12, to Planned Development Housing - Medium-Density Residential, OPDH-8, for property locat- ed at the northern terminus of Jensen Street, also known as Lot n of Walden Wood, Part 6; and WHEREAS, the Southwest District Plan, states t~is pr?perty is appropriate for smgle-famlly residential development, and the Southwest District Plan land use map ide~lifies thi~ property as appropri- ate for single-family or duplex residential development; and WHEREAS, the applicant is requesting approval of a Preliminary OPDH plan for Lot 77 of Walden Wood, Part 6 to allow for 10 zero-lot line dwellings on 10 sepa- rate lots, accessed from an extension of Jensen Street, a public street; and wt:-EREAS, zer~-Iot line dwellings are conSidered to be Single-family homes, as each home is on its own lot; and WHEREAS, the materials submitted with the preliminary OPDH plan indicate three variations of exterior design will be used for the dwellings to be constructed on the property; and WHEREA~, the OPDH plan and pre- liminary plat Include the construction of a trait and dedication of a trail and ease- ment to the Clt'J; and ~HERE~, the OPDH plan is in com- pha~ce with the Iowa City Zoning ~rdlnan~e, the proposed development is In Compliance with the Southwest District Plan, .an.d the Planning and Zoning Commission has reviewed the OPDH plan and preliminary plat for Lot 77 01 Walden Wood, Part 6, and has recom- mended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified fr~m Plan~ed Development Housing - High-DenSity Residential, OPDH-12, to Plan.ned De.velopment Housing - Medl~m-Denslty Residential, OPDH-8, and the associated preliminary OPDH-8 plan submitted for Lot 77 of Walden Wood, Part 6 is hereby approved: Lot T7 of Walden Wood Part 6 as recorded in Book 39, at Page 32 of the Johnson County Recorder's 'Office, Johnson County, Iowa. SECTION II. VARIATIONS. Section 14-6J-2-D-7 of the City Code provides th~t combinations of land uses are per- mitted and variations in building setback and lot area requirements may be appr~ for planned developments, and - 5,ection 14-6J~~-B. of the City Code pro- vides for flexibility In architectural design, placement and clustering of buildings, use ?f open space, traffic circulation and ~rkin~, and related site and design con- Siderations. The following waivers are approved as part of the Preliminary OPDH Plan: a. Waiver of Section 14-6D-3E(1) to allow individual lots less than 5,000 square feet in size. b. Waiver of Section 14-6D-3E(2) to allow individual lots less than 45 teet In lot width. SECTION llf.:ttlNfNa MAP. The Building Inspector is hereby authorized and directed.to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the OPDH plan for this property, and record the same in the office of the County Recorder, Johnson County, Iowa, at the owner's expense, upon the linal passage, approval, and publication of this ordi- nance as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in con- flict with the provi-sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity 01 the Ordi~~nce as a whole or any section, proviSion or part thereof not adjudged invalid or unconsti-tutionaf. SECTION VII, EFFECTIVE DATE. This Ordi-nance shall be In effect after its final pas~ge, approv-al and publication, as provIded by law. Passed and approved this 17th day of August, 2004. slErnest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 58217 August 25, 2004 ,~ 1 --= -.....!t ~......... a:a.... f~fNi!S ....-;::.:~"Sr..IID., ....~ 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. 04-4138 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 25th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004. . ~~~\}~ Julie Voparil "- Deputy City Clerk Printer's Fee $ ,;J I. I Y CERTIFICATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CmZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attac~ed, was published in said paper time(s), on the 1t-owing date(s): u ~ u" +- ~5-, ;::)fltJ cJ ~/!~ Legal Clerk Subscribed and s{jrn to before me this ;).,1 rM day of .I "yA L ..j-- A.D, 20 () t/ , G~cOlfrwL~ Notary Public @ ORLENE MAHER Commi..kH1 Number 715348 , ! My Commls.lon Explr1!lS ... April 2. 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4138 AN ORDINANCE VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF- WAY OF JENSEN STREET. WHEREAS, Southgate Development Company has applied for an OPDH Plan and Preliminary Plat of property known as Lot 77 of Walden Wood, Part 6; and WHEREAS, there is currently a platted cul-de-sac right~of-way at the southern end of Lot 77, Walden Wood, Part 6 that is proposed to . be fe-platted as a new extension of Jensen Street; and WHEREAS, the Planning and Zoning Commission has reviewed the vacation request and has recommended approval subject to the preliminary plat of a resub- division of Lot 77, Walden Wood, Part 6 being approved; and NOW, THEREFORE, BE. IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The City of Iowa City hereby vacates the right-ot-way legally described as follows: Commencing at the Southwest corner of Lot n, of Walden Wood Part 6, in accordance with the plat thereof record- ed in Plat Book 32, at Page 39, 'of the records of the Johnson County Recorder's Office; Thence 850, 18'57-E, aIf:lng the south line at said Lot 77; a dis- ' tance of 312.43 feet, to the Point of Beginning of the existing street right-of- w~y to be vacated; Thence northeasterly, 261.80 feet, along a 50.00 foot radius curve, concave southeasterly, yvhose SO.OQ' chord bears north 85",1S'S7-E; Tl'lence 504041 '03-E, 4.86 feet, to i1 point on the south line of said Lot 77; rhence NS9"OS'01"W, along said south line, 5Q.24 feet, to the Point of Beginning. Said right-of-way to be vacated coAtailis 7,748 square feet, more or less, and is subject to easements and restrictions of record. SECTION II. REPEALER. AJI ordi- nances and parts of ordinances in con- flict with the provi-sions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any seclion, provi~sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section. provision or part thereof not adjudged invalid or unconsti-tutional. SECTION IV. EFFECTIVE DATE. This Ordi-nance shaUbe in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 17th day of August, 2004. slErnest W. Lehman, Mayor Attest: slMarlan K. Kerr, City Clerk 58220 August 25, 2004 I ~ 1 -",,= -.....!t ...... :.-...... .... .. f~IW!i ~~"IIDI' ........ 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. 04-4139 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 25th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004. ~ ~'\_\J~.~ S~ Julie. paril Deputy City Clerk Printer's Fee $ ,) q d-U> CERflFlCATE OF PUBUCATlON STATE OF IOWA. JOHNSON COUNTY. SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attac,hed, was published in said paper J time(s), on the following date(s): A ucg uc:..t- as, ;)00"-/ Y7f.;t~ Legal Clerk Subscribed and snrn to before me this bl cJ +t.day of .u V,AJ..J- A,D, 20 () '--I ' (J ~fl yWU/~ - Notary Public ~ ORLENE MAHER , Comml..k>n Number 715848 . . My Comml..ion Expires ... April 2, 2005 OFFICIAL PUBUCATlON ORDINANCE NO. 04-4139 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY MEDIUM DENS~ TY MULTI-FAMilY (OPDH-20) PRELIM. INARY OPDH PLAN FOR OAKNOll, lOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREE~(R~l~ WHEREAS, the City approved a Planned Development Housing Overlay-Medium Density Multi-Family rezoning for Oaknoll on August 20, 2002 (Ordinance No. 02. 4029); and WHEREAS, the rezoning included a spe- cific preliminary OPDH Plan illustrating proposed improvements to the property; and WHEREAS, Christian Retirement Services, owner of Oaknoll Retirement Residence, has requested modifications of the previously approved preliminary OPDH plan; and WHEREAS, the Planning and Zoning Commission has reviewed the amended preliminary OPDH plan and finds the design to be in accordance with the appli. cable City ordinances and compatible with the surrounding neighborhood, and has recommended approval of said plan; and WHEREAS, the final OPDH plan shall include lighting, landscaping and tree protection plan for the development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA SECTION I. APPROVAL. The amended preliminary Housing Overlay Development Plan is hereby approved for the property described below; WEST BENTON COURT All of West Benton Court as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat recorded in Plat Book 4,. Page 401 at the Johnson County Recorder's being more particularly described as fol- lows: Beginning at the Southeast corner of Lot 15 of said Streb's First Addition; thence North 1020' West 311.6 feet along the Wester1y right-of-way line 01 said West Benton Court to a point of intersection . with the South line of Lot 4 of Part Four of Terrace Hill.Addition to Iowa City, Iowa, said point also being the Northeast cor- ner of Lot 11 of said Streb's First Addition; thence South 89052' East 50.0 feet along the South line of said Lot 4 to the Northwest corner 01 Lot 18 of said Streb's First Addition; thence South 1020' East 311.5 feet along the Easterly right- of-way line to a point of intersection with the Norther1y right-ol-way line of West Benton Street, said point being the Southwest corner of Lot 16 of said Streb's First Addition; thence North 90000' East 50.0 feet along said Northerly right-of-way line to the point of beginning and containing 15,577 square feet more or less. LOT 6 THROUGH LOT 15 All of Lots 5, 6, 7,8,9,10,11,12,13,14, and 15 as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat ~in Plat Book 4, Page 401 at the Johnson County Recorder's Office, con- taining 2.12 acres more or less. SECTION II VA~IATIONS. The amended preliminary Housing Development Plan includes an increase In height from the normally permitted 35 feet to 48 feet for portions of the building as illustrated on the plan and elevation drawings: as allowed by City ordinance. SECTION III 70NtNG MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordi- nance as provided by law. SECTION IV CERTIFICATION AND RECO~DING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property and to record the same at the office 01 the County Recorder 01. Johnson County, Iowa, at the applicant's expense, all as provided by law. SECTION v REPEALER. All ordi- nances and parts of ordinances. in con- flict with the provisions of this Ordinance are hereby repealed. SECTION VI ~EVERABILlTY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect. the validity of the Ordinance as a whole or any section, provision or part thereat not adjOdgetr invalid or unconstitutional. SECTION VII EFFECTIVE DATE This Ordinance shall be in effect after its ,Iinal passage, approval and publication,. as provided by law. Passed and approved this 17th day of August, 2004. slErnest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk 58221 August25,2oo4 ,~ 1 -,...= -.....!It ~~......... f~~!S ~~"Sr"'IIDI' ...,..~ CITY OF IOWA CITY 410 East Washington Street Iowa CIty. Iowa 52240-1826 (J 19) 356-5000 (319) 356-5009 FAX www.lcgov.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. 04-4140 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 25th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004. ~ ~~A.~ Ju . Voparil ~ Deputy City Clerk ~,. Ot.lr- '-'1'......0 Printer's Fee $ q 0 . (PO CERTIFICATE OF PUBUCATlON STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42.0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ) time(s), on the I fAowing date(~): {}-n () 1 LL'iJ-i.l Sot d ~ ~~ Legal Clerk Subscribed and s'{1:,to before me this c;2 '5 Ht day of . f r 9~~~o~ Notary Public ~ ORLENE MAHER Commission Number 715848 , . My Commlllion Expires ... April 2. 2005 OFFICIAL PUBLICATION ORDINANCE NO. 04-4140 AN ORDINANCE REZONING APPROX. IMATELY 75.25 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY (ID. Ra) ZONE TO SENSJTIVE AREAS OVERLAY/LOW DENSITY SINGLE. FAMILY RESIDENTIAL (SAOIRS'5) ZONE FOR PROPERTY LOCATED NORTH OF FOSTER ROAD. (REZ04' 0001~). WHEREAS, the applicant. Regency Land Company, lLC, has requested a rezoning and approval of a Preliminary Sensitive Areas Development Ptan to dow devel- opment . of a mix of single.famlly and multi-family dwellings on property located north of Foster Road; and WHEREAS, the Planning and Zoning Commission has found that the proposed sensitive Areas Development Plan pr0- vides many design features encouraged by the Comprehensive Plan Including preservation of wetlands, environmental- ly sensitive fealures, a landscape buffer adjacent to Interstate 80. a variety of housing styles, and a pedestrian trail net- work; and WHEREAS, the Planning snd Zoning Commission has found that the plan uses rear lanes and housing design tech- niques to minimize curb cuts and the visual dominance of garages and front yard paving as recommended by the Comprehensive Plan for medium and higher density developments; _and WHEREAS, the' Planning and Zoning Commission has found the Sensitive Areas Overlay Plan to be In conformance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed Sensitive Areas Development Plan, including variations from the underlying RS-S zoning to allow a mix of single-family, duplex, and multi- family buildings; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning 'and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA: SECTION I. APPROVAL. The property described below is hel:9!by reclassified from its current zoning classification of Interim Development Single-Family (10- RS) to Sensitive Areas Overlay/Low Density Single-Family Residential (SAOIRS-5) zone and the associated c Preliminary Sensitive Areas Development Plan is here by approved: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH ~M" THENCE SOUTH 20.37 CHAINS (BEARING OF SAID LINE NORTH 8015' WEST) TO THE SOUTHEAST CORNER OF SAID LOT WHICH IS ALSO THE NORTH- WEST CORNER OF LOT 6 IN SAID SECTION 4, THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6, 10.73 CHAINS, THENCE SOUTH 12.84 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY (BEARING OF SAID LINE NORTH 4045' WEST), THENCE WEST ALONG THE CENTER OF PUB.. L1C HIGHWAY 9.98 CHAINS TO THE EAST LINE OF LOT 2 IN SAID SECTION 4 (BEARING OF SAID LINE NORTH 82045' EAST), THENCE IN A NORTH. WESTERLY DIRECTION 0.78 CHAIN TO A POINT IN A LINE RUNNING EAST AND WEST THROUGH SAID LOT 2, THENCE WEST 20.90 CHAINS TO THE EA"ST BANK OF IOWA RIVER (BEAR. ING OF SAID LINE NORTH 82045' EAST), THENCE NORTH 2030' EAST 9 ~3. \~~ CHAINS, THENCE NORTH 25015' WEST 26.04 CHAINS TO THE NORTH. WEST CORNER OF LOT 1 IN SAID SECTION 4, THENCE NORTH 82032' EAST 27.30 CHAINS TO THE PLACE OF ,BEGINNING, EXCEPT THE FOL. LOWING DESCRIBED TRACT: BEGINNING AT A POINT 10.73 CHAINS EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 6 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., THENCE SOUTH 12.84 CHAINS TO THE CEN. TER OF PUBLIC HIGHWAY (BEARING OF SAID LINE NORTH 4045' WEST), THENCE WEST ALONG THE CENTER OF PUBLIC HIGHWAY 3~ FEET. THENCE NORTH PARALLEL WITH THE NORTH AND SOUTH LINE LAST ABOVE DESCRIBED TO THE NORTH LINE OF SAID GOVERNMENT LOT 6, THENCE EAST 33 FEET TO THE POINT OF BEGINNING, ALSO EXCEPT THAT PART HERetOFORE CONVEYED TO THE STATE OF IOWA FOR INTER. STATE 80 AND ALSO SUBJECT TO EASEMENTS OF RECORD, AND EXCEPT FOR THE FOLLOWING: BEGINNING AT A POINT 10.7~ CHAINS EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT SIX (6) IN SEC. TION 4, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH ~M.. THENCE SOUTH 12.84 CHAINS TO THE CENTER OF THE PUBLIC HIGH. WA~ THENCE WEST ALONG THE CENTER OF THE HIGHWAY 33 FEET TO THE POINT OF BEGINNING, THENCE NORTH PARALLEL WITH THE EAST LINE OF GOVERNMENT LOT SIX (6), 223 FEET, THENCE WEST 110 FEET, THENCE SOUTH 223 FEET, MORE OF LESS, TO THE CENTER OF THE PUBLIC HIGHWAY, THENCE EAST ALONG THE CENTER OF THE HIGH- WAY 110 FEet TO THE POINT OF BEGINNING. NOTE: ABOVE DESCRIBED EXCEP. TION HAS BEEN aulT CLAIMED TO WASHIN,TON PARK PARTNERS, RECORDED IN BOOK 2985, PAGE 259, RECORDS OF JOHNSON COUNTY IOWA, AND IS PART OF THE LAND SURVEYED HEREON, EXCEPTING THEREFROM A PARCEL ACOUIRED FOR FOSTER ROAD RIGHT.OF.WAY AS RECORDED IN BOOK 2667, PAGE 133, RECORDS OF JOHNSON COUN. TY IOWA, DESCRIBED AS FOLLOWS; THAT PART OF GOVERNMENT LOT 6 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH RM IOWA CITY, JOHNSON COUNTY, lOW":: DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 4; THENCE S 030 07' ~7' E ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SEC, TION 4 A DISTANCE OF 1~50.07 FEET (1~4.4 FEET RECORD) TO THE NORTHWEST CORNER OF SAID GOV. ERNMENT LOT 5; THENCE N 880 42' ~" E ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 6 A DIS' TANCE OF 707.33 FEet (708.2 FEET RECORD); THENCE S 000 00' 01' E 849.40 FEET (847.4 FEET RECORD) TO A POINT ON THE CENTER LINE OF FOSTER ROAD; THENCE S 810 59' 23' W ALONG SAID CENTER LINE 33.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 870 59' 23" W 110.00 FEET; THENCE N 000 00' 01' W ~5.02 FEET; THENCE N 870 59' 23' E 110.00 FEET; THENCE S 000 OQ' 01" E 35.02 FEet TO THE POINT OF BEGIN. NING, CONTAINING ~850 SQUARE FEET INCLUDING 3847 SQUARE FEet IN EXISTING ROAD. AND ALSO EXCEPTING THEREFROM A PARCEL ACQUIRED FOR FOSTER ROAD RIGHT-oF.WAY, AS RECORDED I~ BOOK 2667, RAGE 129, RECORDS . OF JOHNSON COUNTY, IOWA, ~.SCRIBED AS, FOLLOWS: THOSE PARTS OF GOVERNMENT LOTS 2 AND ~s..E_C_TION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH I'M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS, COMMENCING & THt.N1M.COBNER OF SAID SECTIOIol.4: THENCE; S 030 07' 37" E ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SEC. TiON 4 A DISTANCE OF 1350.07 FEET (1344.4 FEET RECORD) TO THE NORTHWEST CORNER OF SAID GOV. ERNMENT LOT 6; THENCE N 88'" 42' :34" E ALONG THO.. NORTH LINE OF SAID GOVERNM!I'Ir tor 6 A DIS- TANCE OF 707.33 FEET (708.2 FEET RECORD): THENCE S 000 00' 01' E 849.40 FEET (847.4 FEET RECORD) TO A POINT ON THE CENTER LINE OF FOSTER ROAD: THENCE S 87" 59' 23' W ALONG SAID CENTER LINE 143.02 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING S 87" 59' 23' W 517.75 FEET: THENCE N 700 22' 54' W 51.70 FEET (51.5 FEET RECORD): THENCE S 87" 59' 23' W 588.96 FEET TO A .POINT ON A NON.TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 385.00 FEET, CONCAVE SOUTHERLY: THENCE EASTERLY ALONG SAID CURVE 111.19 FEET THROUGH A CENTRAL ANGLE OF 180 32'48' AND HAVING A CHDRD BEARING N 790 42' 58' E 110.60 FEET: THENCE N f510 59' 23' E 1044.~ FEET: THENCE S 000 00' 01' E 35.02 FEET TO THE POINT OF BEGIN. NING, CONTAINING 28,147 SQUARE FEET INCLUDING 11,215 SQUARE FEET IN EXISTING ROAD. SECTiON II. VARIATIONS. Section 14-6K-1 of the City Code provides that variations in zoning and. subdivision requirements may be approved for Sensitive Areas Development Plans to permit the clustering of density. The foI. lowing variations from the RS-5 zoning requirements and subdivision regulations are hereby approved as part of the Preliminary Sensitive Areas Development Plan: 8. The AS-S minimum lot width and lot area requirements are reduced for cer- tain lots as shown on the P'reIiminary Sensitive Areas D6Yelopment Plan, sub- ject to compliance with Section 1~6K+ N3k at the time of administrative approval of the Final Sensitive Areas Development Plan; and b. The inclusion of multi-family and duplex buildings on Lots 1-22 are permit- led as shown on the Preliminary Sensitive Areas Development Plan; and c. The minimum street width of Tranquil Bluff Trail and Arch Rock Road is reduced from 28 feet to 26 feet. SECTION III. ZONING MAP. The buik!. Ing official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon the final passage, approVal and publication of this ordi- nance as provided by taw. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in con. flict with the provt-sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provl-sion or part of the Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid Of unconsti-tutional. SECTION VII. EFFECTIVE DATE. This Ordl-nance shall be in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 17th day of August, 2004. stErnest W. Lehman, Mayor Attest: slMarian K. Karr, City Clerk sa218 August 25, 2004 CS-"-<:I--. <:J,-\-l.1;\ ~O \?:J.~o\~ I ~ 1 --= -~.... ~~I~!:'"I. -":::":~"Sr_IID" ....~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 13191 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. 04-4141 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 25th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004. ~~~~ Julie . Voparil '-J Deputy City Clerk Printer's Fee $ <6;}. 30 I CERTIFICATE OF PUBUCATlON STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA i CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): AI JV<(,q: 1- ~'5, :)fJO <-j V0/rFrS Legal Clerk Subscribed and sworn to before me this :J. C} If., day of ~ A.D.20 bt.-I. (J)::,7fOA-L/(lli.j ~J , Notary Public ~ ,..".1!< ORLENE MAHER f "f Comml..lon Number 715141 My Comml..ion expIres ... AprlI2,200S ~. 0'-\ OFFICIAL PUBLICATION ORDINANCE NO. 04-4'41 AN ORDINANCE REZONING APPROX. MATELY 1.2 ACRES FROM CDMMER. CIAL OFFICE (CO-l) ZONE, TO COM. MUNITY COMMERCIAL (CC'2) ZONE, SUBJECT TO CONDITIONS. FOR PROPERTY LDCATED AT 1901 BROADWAY STREET. WHEREAS, the property at 1901 Broadway Street, owned by the Abraham Enterprises LLC, is currently zoned CO- 1, Commercial Office; and WHEREAS, Abraham Enterprises LLC has requested the rezoning of this parcel of property from its current zoning desig- nation to CC-2, Community Commercial; and WHEREAS, the proposed rezoning will allow a wider range of commercial and retail uses to be mixed with residential space; and WHEREAS, Iowa Gode 414.5 (2003) provides that the City of Iowa City may mpose reasonable conditions on granti. ng an applicant's rezoning request, over and above existing regulations, in order to satisfy pUbliC needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that mixed.use developments clearly delineate parking for residents; and WHEREAS, the proposed rezoning is compatible with the Comprehensive Plan lor the area, provided that certain condi- tions related to the delineation of parking for residents contained in the Conditional Zoning Agreement are adhered to; and WHEREAS, the applicant acknowledges that said conditions and restrictions are reasonable to ensure appropriate mixed- use development; and WHEREAS, the applicants have agreed to develop this property in accordance with the t~rms and conditions of the Conditional Zoning Agreement attached hereto to ensure. appropriate mixed-use development in this area of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA, SECTION J APPROVAL Subject to the Conditional Zoning Agreement attached hereto~rporered heretn, the par- cel described below is hereby reclassi. fied from its current zoning designation of CO-1, Commercial Office, to CC-2, Community Commercial: Beginning at the southwest corner of lot 3, part of BlOCk 1, Braverman Center, to Iowa City, Iowa in accordance with the plat recorded in Book 12, at Page 39, of the records of the Johnson County Recorder's Office; thence N22004'OO''E, 229.50 feet; thence SSJ05S'OO"E, 225.00 feet; thence S22004'OO'W, 117.50 feet; thence southwesterly 112.85 feet, along an arc of e 533.27 loot radius curve, con. cave southeasterly, whose 112.64 foot chord bears S16000'15"W; thence N6r56'OO"W, 236.89 feet, to the Point of Beginning. Said tract of land contains 1.20 acres, and is subject to easements and restrictions of record. SECTION II ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City at Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordi- nance as provided by law. SECTION III r::ONDITIONAI ZONING AGREEMENT The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the City, following passage and approval of this Ordinance. SECTION IV CERTIFICATION AND RECORDIN~ Upon passage and approval 0' the Ordinance, and after exe- cution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy 01 this ordinance, and the Conditional Zoning Agreement and to record the same at the office 01 the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law '--'<\l.\:\ ~y \~~ SECTION V REPEAL ER. All ordi- nances and parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION VI SEVERABILITY II any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity 01 the Ordinance as a whole or any. section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFEr::TIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of August, 2004. sJErnest W. Lehman, Mayor Attest: sJMerian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter ~City"), and Abraham Enterprises llC, an Iowa General Partnership (hereinafter "Owner"). WHEREAS, Owner, as legal title holder, has requested the City rezone approxi. mately 1.20 acres of land located at 1901 Broadway Street from CO.1, Commercial Office to CG-2, Community Commercial; and WHEREAS, the proposed rezoning will allow a wide range of commercial and retail uses to be mixed with residential uses; and WHEREAS, Iowa Code 414.5(2000) pro- vides that the City of Iowa City may impose reasonable conditions on granti- ng an applicant's. rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that mixed-use developments clearly delineate parking for residents; and WHEREAS, the proposed rezoning is compatible with the Comprehensive Plan 'for the area provided that certain condi- lions contained in the Conditional Zoning Agreement are adhered to; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate mixed- use development; and WHl::REAS, Owner has agreed to devel-:- op this property In accordance with thS terms and conditions of this Conditional Zoning Agreement to ensure appropriate mixed-use development in this area of the City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Abraham Enterprises LlC Is the owner and legal title holder of property located at 1901 Broadway Street, which property is more particularly described as follows: Beginning at the southwest corner of lot 3, part of Block 1, Braverman Center, "to Iowa City; Iowa in accordance with the plat recorded In Book 12, at Page 39, ot the records ot the Johnson County Recorder's Office; thence N22"04'OO"E, 229.50 feet; thence S67056'OO"E, 225.00 feet; thence S22004'QO'W, 117.50 feet; thence southwesterly 112.85 feet, along an arc of a 533,27 foOl .radius curve, con- cave southeasterly, whose 112.64 foot chord bears S16000'15"W; thence N67056'OO"W, 236.89 feet, to the Polnt of Beginning. Said tract of land contairis 1.20 acres, and is subject to easements and restrictions of record. Owner acknowledges that the City wishes to ensure that mixed-use developments in this area of the City clearly delineate res, icfentiaJ and commercial parking areas. Therefore, Owner agrees to certain con, ditions over and above City regulations in order to ensure that rezoning of the sub- ject property provides for the delineation of residential and commercial parking areas. 2. In consideration of the City's rezon- Ing the suIJject property from COol to CC-2, Owner agrees that development and use of the subject property will con- form to all requirements of the RS-8 zone as well as the following additional condi- tions: 8. Development of the property shall include dedi&ation of no lass than eight (8) parking spaces to be used- solely as residential parking for residential tenants of the property. b. Said parking spaces shall be marked in a manner that clearly delineates them as tor use by residential tenants only. . 3. Owner acknowledges that the condi- tions contained herein area reasonable conditions to impose on the land under Iowa Code 414.5 (2003), and that said conditions satisfy public needs wtMch are directly caused by the requested zonIng change. 4. Owner acknowledges that in the event the subject property Is transferred, sold, redeveloped, or subdivided, all redevel- opment will conform with the terms of this Conditional Zoning Agreement. 5. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, repre- sentatives and assigns of the Parties. 6. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state, and 1ederal regulations. 7. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this 17th day of August, 2004. OWNER _ By:slCyfrthia Abr8ham Abraham Enterprises LLC CITY OF IOWA CITY By: slErnest W. Lehman, Mayor Attest: slMarian Kerr, City Clerk 58222 August 25, 2004 -- . ~. 0'-\.-- ~'LI,' ~:j~'~ I ~ 1 --= -....!t .....~........ ~~fN!i ~'Sr"IIII" ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (3 I 9) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 04-4142 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 25th, 2004. Dated at Iowa City, Iowa, this 7th day of September, 2004. ~ ~\):o\~,,:\j: Juli . Voparil ~ Deputy ity Clerk Printer's Fee $ d S . ~ 7 CERTIFICATE OF PUBUCATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the BOwing date(s): LA--V (1 <; t d~ ;:}J)?J</ ~;A ;f'~ Legal Clerk Subscribed and sworn to before me this;JCSH\ day of O_uzr-" ~ A.D. 20 ()y. ~J?Y~ Notary Public ~ ORLENE MAHER J Commi..lon Number 715848 . . My Commls.lon Expires ... April 2, 2005 OFFICiAl PUBLICATION ORDINANCE NO. 04-4142 ORDINANCE AMENDING TITLE 9. ENTITLED 'MOTOR VEHICLES AND TRAFFIC," CHAPTER 8. ENTITLEO 'BICYCLES," SECTION 8. ENTITLED "PARKING VIOLATIONS,' SUBSEC- TION B, ENTITLED 'OWNER PRIMA FACIE RESPONSIBLE FOR PARKING VIOLATIONS' TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO NONPROFIT ORGANIZATIONS. WHEREAS. currently the Oty must sell impounded bicycles at a public auction; and WHEREAS, the City desires to have the additional option of donating impounded bicycles to nonprofit organizations that serve low income and disadvantaged youth and families; and WHEREAS, it is in the best interest of the City to have the option to donate said impounded bicycles. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY. IOWA: SECTION I. AMENDMENTS. Title 9, entitled -Motor Vehicles and Traffic,. Chapter e, enlitled "Bicycles," Section 6, entitled .Parklng Violations,. Subsection 8, entitled "Owner Prima Facie Responsible for Parking Violations,. Paragraph 2 is hereby repealed in its entirety and a new Paragraph 2 is added which reads as fol- lows: In the event the city is unable to ascertain the owner, or the owner. does not claim the bicycle within three (3) calendar months from the date of impoundment, the city shall, except as noted below, cause such bicycle to be sold at a public auction. Notice of such disposition shall be published pursuant to state law gov- erning abandoned vehicles. In lieu of selling said bicycle at public auction, the city may donate it to a non-profit organi- zation or entity which serves low income/disadvantaged youth or families in Johnson County, Iowa, for use by members of the population served. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are here- by repealed. SECTION III. PENALTIES FOR VIOLA- TION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity 01 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 pas-sage, approval and publication, as provided by law. Passed and approved this 17th day of August, 2004. s/Emest W. Lehman, Mayor Attest: Marian K. Karr, City Clerk 58219 August 25, 2004 I ~ ! -...= -1iQ'... ~~~;t:'"'- """... ~IIII" ........~ CITY OF IOWA CITY 4] 0 East Washington Street Iowa City. Iowa 52240-1826 (3 I 9) 356-5000 (3 I 9) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 04-4143 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 28th day of September, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 6th, 2004. Dated at Iowa City, Iowa, this 8th day of November, 2004. ~'~: '~\.'--~l's\.->-Q9) Julie'x: oparil Deputy City Clerk Printer's Fee $ L-f 3 /1 q CERTIFICATE OF PUBUCATlON STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is he.reto attacred, was published in time(s), on the said paper following date(s): Dc.t-u b€-v ~ , J-C')O '--/ . ~~4 Legal Clerk Subscribed and s~ to before me this 1 c t--t. day of J;rt..v.J A.D. 20 0 Lf . aJ~ JJ~ Notary Public iJ ORLENE MAHER f ~ Commission Number 715848 My Commls.lon Expll'tll ... April 2. 2005 OFFICIAL PUBLIC,uION . ORDINANCE NO. 04-4143 AN ORDINANCE REZONING 20.8 ACRES BY AMENDING A PLANNED DEVELOPMENT HOUSING OVERLAY (PDH-8) PLAN FOR IDYU..WlLD CON- DOMINIUMS, A 104 DWELLING UNIT DEVELOPMENT, LOCATED BElWEEN FOSTER ROAD AND TAFT SPEEDWAY WHEREAS, tho City approved 0 Planned Development Housing Overlay-Medium Density Slngle~Family rezoning for IdyllwHd on February, 11, 1992 (Ofdlnance No. 92-$18); end WHEREAS, the rezoning Included a spe- cific preliminary OPDH Plan illustrating proposed improvements to the property; end WHEREAS Idyllwild Development, owner of Id~lwild, has requested modifi- cations of the previously approved pre- liminary OPDH plan; and WHEREAS. the amended plan will, 1) approve building footprints. which differ from those approved as part of the origi- nal OPDH plan, 2) relocate the trail shown behind buildings 12, 13; 14, and 6 on the original OPDH plan, 3) revise the landscaping plan to Illustrate what has been already planted and to provide a plan for future landscapingfo be com- pleted with the new buildings, 4) remove the off-st/'96t parking spaces from Pentire Circle and 5) document new and modi- fied easement locations; and WHEREAS, the Planning and Zoning Commission has reviewed the amended preliminary OPDH plan and finds tf1~ design to be in accordance with the appli- cable City ordinances and compatible with the surroundIng neighborhood, and has recommended approval of said plan; end NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IONA CITY, IOWA, SECTION I APPRnvAl The amended prelirrrinaly Housing Overlay Development Plan is hereby approved for the property desortbed b%w': LEGAL DESCRIPTION Commencing at the Southeast Corner of the Northeast Quarter of Section 4, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N09021'OOnE, (A Recorded Bearing) 85.40 feet to an Iron Pin found on the Southerly Right-of-way Une of Taft S-.,y In Iowa CIty. Iowa; Thenoe N090OEl'O<rw. 80.00 feet 10 ao Iron Pin found on the Northerly RIght""Of-way Une of said Taft Speedway, said point also being the Point of Beginning; Thence S83030'OO"W, 690.90 feet along said Right-of-way line, 10 an Iron Pin found at the point of intersection of said line with the Easterly Right-of-way Une of an un~ named street, also known as Calibria Court; Thence N01024'OO"W, 666.50 feet abng the Easterty Right-of-way Line of said street, to an Iron Pin found at the point of interssollon of said line With the Southerly Right-of-way ~ Uno of Foster Rood: Thence N55'34'OO"E. 506.00 teet along the Southerty Rlght-of.way Uno of said Foster Road to an Iron Pin found; Thence N81014'OO"E, 225.70 feet along the Southerly Right-of-way Une of said Foster Road to an Iron Pin found; Thence S82010'51nE, 175.40 feet along the ---"''SaUU'lU1)' -Right'"8f..w8y~UM tV-lIlf'd - Foster Road to an Iron Righl-of-way rail found' Thence S80029'45ne, 325,96 feet elong'the Southerly RIghI-of-way L1na of said Foster Road to an Iron Pin found; Thence S01024'OOnE, 682.24 feet to an Iron Pin found on the Northerly Right-of- way Line - of Taft Speedway; Thence S81041'oonw, 498.17 feet along the Northerly Right-of-way Line of Taft Speedway to the Point of Beginning. Said Tract of land contains 20.80 acres, more or less and is subject to easements and restrictions of record, SECTION II~ VARIATIONS. The amended preliminary Housing Development Plan Includes 26 fourplex buildings on one lot, private streets which do not contain sidewalks and which are 22 feet wide rather than 28 feet wide, as allowed by City ordinance. SECTION III. ZONING MAP, Tho Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordi- nance as provided by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property and to record the same at the office of the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are here- by repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance _as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be In effect atter its final passage, approval and publication, as provided by law. Passed and approved this 28th ,day of September, 2004. slErnest W. Lehman, Mayor Attest: Marian K Kerr, City Clerk 58379 October 6, 2004 I ~ 1 ~~~~'t ~;"~""IIII'" ....... .. CITY OF IOWA CITY 4 J 0 East Washington Street Iowa City. Iowa 52240-1826 (3 I 9) 356-5000 (3 I 9) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 04-4144 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of October, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 13th, 2004. Dated at Iowa City, Iowa, this 8th day of November, 2004. Q~' ~~~SJ\ . . Voparil --------.; Deputy City Clerk Printer's Fee $ d L-j }~). CERTIFICATE OF PUBUCATlON STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper -I time(s), on the ~ing date(s): J .:> ;woLf (' ~b.Q.v ~ ) --' ~~ Legal Clerk Subscribed and ~o before me this I ~+-R..day 0 Q,., 1 ) A.D. 20 Cn( . ~ y ~ i ~Lf}u-t.Jv--/ Notary Public ~! ORLENE MAHER Cr;lIInmluion Number 715148 My Comm".'on ~rn AprN 2. 2005 OFI ORDINANCE NO. 04--4144 AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, .COMMERCIAL USE OF SIDEWALKS' TO PERMIT THE UNOBSTRUCTED 8 FDOT PEDESTR~ AN WAY REQUIREO FOR SIDEWALK CAFES TO BE IN ZONE 3 OF CITY PLAZA- RErmoN I PURPOSE WHEREAS, sidewalk cafes are a use of public sidewalks and require a permit according to the provisions of Section 10.3.3 at the Iowa City Municipal Code; and WHEREAS, said provisions provids for the retention of an e foot unobstructed pedestrian we:; where 9Ver a sidewalk cafe is permitted; and WHEREAS, when sidewalk cafes are located in City Plaza said pedestrian way Is currently permitted only In Zones 1 and 2; and WHEREAS, Zone 3 is an unobstructed open area retained for emergency access and used on a dally basis as the primary pedestrlan way in City Plaza; and WHEREAS, Zone 2 is the area in which trees, benches, planters, and lights are placed, resulting In this area being obstructed for pedestrian flow; and WHEREAS, the current restriction on the placement of the unobstructed pedestrian way to Zones 1 and 2 pre- cludes unnecessarily the placement of sidewalk cafes on City Plaza; and 'WHEREAS. sidewalk cafes add to the vibrancy of downtown; and WHEREAS. the allowance of the unob- structed 8 foot pedestrian way in Zone 3 will not impede the delivery of emer- gency services; and WHEREAS. Zone 3 is currently used as the primary pedestrian way In City Plaza. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY DF IOWA CITY THAT: Section 10.3-38,1 is hereby deleted and the following inserted in Heu thereof: 1. A sidewalk aaflt area may not extend onlo the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed sidewalk. adjacent to the street for padestrltul use. nor extend into zone 1 and zone 2 of the CIty Plaza In'a manner that will not allow a minimum of eight feet (8') of unobstructed way for p9d&strian usa in zones', 2, or 3. f;J=CTION II REPEALE:R All ordi~ nances and parta of ordinances in con. flict with the provl-skms of this Ordinance al'Q hereby repealed. S~ION III REVE:RABlllT\' "any section, J',:lrovHslon or part of the Ordinance shall be adjudged to be lnva11d or unconstitutional, such adjudication shall not affect the validity of the Ordinance 88 a whole or any section. provision or part thereof not ad)udged invaHd or unconsti.wtlonal. SECllON IV F.:F~r.TtVF DATE This Ordi.nance shall be In effect after its final pasu,ge, approv-e' and publication, as provided by law, Passed and approved this 5th day. of Octobllr, 2004. s/Ernest W. Lehman, Mayor Attest: slMarlan K. Karr. City Clerk 58396 October 13, 2004 I ~ I ~~~~'t -..;;;..... ...11II.' ..".. ... CITY OF IOWA CITY 4] 0 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov. 0 rg 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. 04-4145 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of November, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 24th, 2004. Dated at Iowa City, Iowa, this 7th day of December, 2004. ~"'.o~\l~,,~ Ju .. Voparil --- Deputy City Clerk Printer's Fee $ \ q.~ 0- CERTIFICATE OF PUBUCATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the f^lowing date(s): . bL)€/vy~w ::J..LL ~i- ~~ Legal Clerk Subscribed and sw): to before me this ,;)3-{ ~day of J. h" JvV'-Q..Q.A ) A.D. 2O.Ll.i:t-. G.. Q fMfi.Q ph ~ )\..L.L/ Notary Public ~! ORLENE MAHER CommIQion N_71_ My Commit.ton Exp"'" I' . April 2, 200S OFFICIAL PUBLICATION ORDINANCE NO. 04-4145 AN ORDINANCE AMENDING TR\.E 5, "BUSINESS AND I,ICENSE REGULA. TlONS," CHAPTER 2, "VEHICLES FOR HIRE," SECTION 5-2-8 "VENICLE FOR HIRE REQUlRMENTS," OF THE CITY CO,lIE BY DELETING (B) "DISTINC- TIVE COLOR SCHEME ilEQUIRED" AND REPLACING IT WITH A NEW (B) "OISTINCTIVE COLOR SCHEME REQUIRED" TO CLARFY LANGUAGE, WHEREAS. the current COde requires a distinctive color scheme for eaoh vehicle for hire; and WHEREAS, the current code does nol specify tMat one color seheme can be approved per each owner or operating company; and WHEREAS, it is necessary to oiarify Ian. guage to prohibit further confusion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION I TIle Code of Ordinances of the City of Iowa City Is hereby amended by deleting Title 5, Chapter 2, Section 8(8) In Its entirety and repladng it with the foUowing: B. Distinctive Color Scheme Required: All vehicJes for hire of each owner or operat- ing company Shall be finished in one dis- tinctive color scheme so that It may be readily and easily distinguished as a vehicle for hire which color scheme shall and must at all times meet the. approval and requirements of the City Clerk, SECTION II RFPEAJ ER All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are here- by repealed. SECTION III SEVERARIIITV If any seclfon, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, stich adjudication shall not affect the validity of the Ofdlnance as a whole or any section, provisk)n or part thereof not adjudged invalid or unconstitutional. SECTION Iv.: EFFECTlVF DATE ThIs ordinance shaJl take effect after March 1, 2005. Passed and approved ttlie 16th day of Novembef,2004. stErnest W. lehman, Mayor Attest: slMarian K. Karr, City Clerk 58962 November24,2OQ4 I ~ 1 ~~~~*t "'-'" _11II1'- .......... CITY OF IOWA CITY 4] 0 East Washington Street Iowa City. Iowa 52240-] 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 04-4146 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of November, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 24th, 2004. Dated at Iowa City, Iowa, this 7th day of December, 2004. ~ ~~:,,~\l~ Julie . oparil Deputy City Clerk Printer's Fee $ '3;;;l.. I 0 CERTIFICATE OF PUBUCATlON STATE OF IOWA, dOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ( time(s), on the fTIwing date(s): n () ~ .€x r'f-L{ ifrV\ c.{ , ::! Y7/~~ Legal Clerk Subscribed and sw~to before me this d- L-{l--tday of >-f'.-I/"-j",-,,--,, A.D. 20 0,-/ . 0(1~f!ta~ Notary Public fj) ORLENE MAHER Comml..1on Number 715148 My Commission &pI,... April 2. 2005 OFFICIAl PUBlICATION ORDINANCE NO. 04-4146 AN ORDINANCE AMENDING CHAP. TERS 5 AND 8 OF CITY CODE TITlE 14 TO PROVIDE UPDATED REFER. ENCES TO SECTIONS IN THE UN~ FORM CODE THATTHE CITY RECENT. LY ADOPTED AS ITS BUILDING CODE. WHEREAS, Ordinance No. 04-4117 amended the Building Code by, in part, adopting the International Building Code with certain local amendments; WHEREAS, prior to Ordinance No. 04- "'7.the City of lowe City had adopted the Uniform Building Code with certain local amendments for its building coc:M; WHEREAS, various code provislorw in Chapters 5 and 6 in Title 14 refer to MC- lion in the Uniform Building Code. but should refer to a similar section in the International Building Code; _WHEREAS, it is in the public int"" to adopt these amendments. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: M=r.TION I AMFNnMENTS 1. TItle 14, entitled "Unifled.Development Code,. Chapter 5. entitled "Building and Hauling," Article E,. entitled "Housing Code,. Section 19 entitled .ReIponsibilities of Owners Relating to the Maintenance and Occupancy of Premises," Paragraph G, entiUed, "Exits," footnote 5 to subparagraph 2, is amend. ed by deteting footnote 5 In Its entirety and ~ing a new footnote 5, which reads as follows: See Section 7-1-2, amendment to Fire Code ~ 405.2. 2. rrtte 14, entitled "Unified Development Code," Chapter 5, entiUed "Building and Housing," Article I, entitled, "Grading Ordi~nce,h .Section 5, entitled "Grading PermIt Requirements," Paragraph B, enti- tled "Application for Permit," is amended by deleting Paragraph B in its entirety and adding a new Paragraph B, which reads as follows: The provisions of section 105.5 of the International Building Code, as amend- ed, are applicable to grading and shall state an estimate of the cubic yards of earth material to be graded. 3. TItle 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," Article I, entitled, "Grading Ordi~nce," Section 5, entitled "Grading Permtt Requirements," Paragraph J, enti- 'lied "Issuance," is amended by deleting Paragraph J in its entirety and adding a new Paragraph J, which reads as follows: The provisions of section 105.3.101 the International Building Code, as amend- ed, are applicable to grading pennlls. The Building Official may require that the grading operations and project designs be modified if delays occur which result lrom weather-generated problems not "'tiQnsidered at the time the permit was 1_ 4. TItle 14, entitled "Unified DeveklprnM1t CodIi~" Chapter 5, entitled "Building and Housing," A.rlicls I, entitled, "Gradina OnInlInce," Section 8, entitled "F~ ii Paragraph E, entitled "Compaction," II omended by deleting Paragraph E In I.. en.t;iretv and adding a new Paragqph E, wtich reads as IoUows: All fill on slopes 01 six horizontal to one wrIc8t (6:1) or steeper shall be com. . ~tl,-. -.... 01 ninety percent (90%) of maximum density as deter- mined by section J107 of the Intemational Building Code or equivalent ASTM standards, as amended. 5. Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Hou.sing," Article I, entitled, "Grading OrdInance," Section 9, entitled NSetbacks," Paragraph A, entltl6d "General RequI_' Is emended by del~ting Pa,.,.-aph A In its entirety and adding a new PaJ'IlQI'IlPh A, which reads _~ 101.!QW8; __ ---- Cui and fiN IIopM shaH be ..t back from site boundarIta in accordance wtth this Section. _ Setbeck ctirnenIions shall be horizontal diNrlces measured perpendi- c~lar t? the side boundary. Setback dimensIons shaU be as shown in FIgure J108.1 of the 2003 International Building Code, as amended. 6. TIlle 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," Article I, entitled, "Grading Ordinance.. Section 13, entitled "Grading Inspection" Paragraph A, entitled "General Requirements,' Is amended by deleting Paragraph A in its entirety and adding a new Paragraph A, which reads as follows: All grading operations for which a permit is required shall be subject to inspection by the 8ui1ding Official. When required by the Building Official, special inspection of grading operatiorys and special testing shall be performed in aoeoIQance with the prOYlsions of Chapter 17 of the International Building Code, as amend- ed. 7. Title 14, entitled "Unified Development CQde," Chapter 6, entitled "Zoning," Article M, entitled, "Accessory Uses and Buildings," Section 1, entitled "Permitted Accessory Uses _ and Buildings" Paragraph 811 is amended by deldng Paragraph B11 itS entirety and adding a new Paragraph 811 which teads as fol- lows: Fire protection equipment- tM6lbe inet8IIed _ and maintained -according to Section 14-5A of this Code. 8. TItte 14, entitled "Unified Development Code," Chapter 6, entitled '"Zoning; Artlcla M. entitled. "Acceesory lMM and Buildings," SectIon 1, entitled ~ Accenory -- Ueesand Buildings" ~h B21 i. emended by _ng ~ragraph B2f Its entirety and lidding a new Paragraph B2f which reads as 101- Iowa: Fire protection equipment shall be Installed and maintained according to Section 14-5A 01 this Code. SECTION 11 RE;:PEALER All ordinances and parts of ordinances in conflict with the provision of this Ordinance are here- by repealed. SECTION III SEVFRABIL ITY If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall nof affect the va"dlty of the Ordl~ance as a whole or any section, praviston or part thereof not adjudged Invalid or unconstl-tutional. SECTION IV EFFECTIVE;: DATE This Ordl-nance shall be in effect after its final pas--sage, approv-al and publication. as provided by law. Passed and approved this 16th day of November, 2004. slEmest W. Lehman. Mayor Attest: elMarian K. Klorr. CiIy CIartc 58983 Nc>veh)ber 24. ~ I ~ 1 ~~~~-.: .....::..:...-sr_IIII., ......,..~ CITY OF IOWA CITY 4] 0 East Washington Street Iowa City. Iowa 52240-1826 (3] 9) 3$6-$000 (3] 9) 3$6-$009 FAX www.lcgov.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. 04-4147 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of December, 2004, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 15th, 2004. Dated at Iowa City, Iowa, this 5th day of January, 2005. c~ . \-~~~ Juil . oparil ......., Deputy City Clerk Printer's Fee $ C10.lvO CERTIFICATE OF PUBUCATlON STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Linda Krotz, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper r time(s), on the , following date(s): _De,,-- e.vv---b",.- I'S 'JIIC) Lj ~-..::A /t---J.< Legal Clerk Subscribed and ;nrn to before me this J t)~ day of. 0 .(o~'-'<.;J A.I:)~_ 20D-<4-. ~))L.2ohfl ~r)vek~ - Notary Public ~ ORLENE MAHER t ~ Commlnion Number 715IQ. My CommlHloft ExpI_ ... April 2, 2005 ~. \:,,--\- '-\\ 4~ OFFICIAL PUlIUCATION OIlDlNANCE NO, 04-4147 AN OIlDINANCE CHANGING THE ZONING DESIGNATION FROM MEDI. UM DENSITY SINGLE FAMILY RESI. DENTIAL (RlHI) AND NEIGHBOR. HOOD CONSERVATION RESIDENTIAL (RNC.12), TO MEDIUM DENSiTY SIN. GLEFAMILY I HISTORIC PRESERVA. TION OVERLAY (R~HP) AND NElGHBORHOOO CONSERVATION RESIDENTIJ\L / HISTORIC PRESER. VATlON OVERLAY (RNC'121OHP)TO DESIGNATE THE RONALDS STREET EXTENSION OF THE BROWN STREET HISTORIC DISTRICT. WHEREAS, the hllloric resoUI'C88 of the NorthlkJe Neighborhood have been sur. veyed and __ and ll1e PfOPOSed Ronalda Street extent;on of the Brown Street Historic 0i8trict haa been deemed eligible for the N.tlonal Register of Historic Places and local historic district designation; and WHEREAS, the Iowa. City Historic Preservation Plan, contained in the Iowa CIty Comprehensive Plan, recommends consideration of the designation of his. torle and conservation districts within the Northside Neighborhood: and WHEREAS, the Iowa City Comprehensive Plan recommends preservation of the integrity "t historic neighborhoods, the stabilization of neigh- borhoods, and supports efforts of the Historic Preservation Commission; and WHEREAS, the iowa City Municipal Code authorizes the Historic Preservation Commlsalon to recommend and ll1e CIty Cowd to dooignoIo historic districts, where deemed appropriate. as a means of preserving lheneighbor11ood cI1aracter of tracnorte4 Iowa City neigh- borhoods, or for preserving areas that .emplify unique or distinctive develop-- ~tpatlerns;and WHEREAS, the Historic Preservation Commission feels that .Rona1d8 Street extension of the Brown Street Historic Qistricl will help stabilize the neighbor- hood by providing for design review of afteratlons and additions to, and demoli- tion of existing buildings, and the con- struction of new buildings, which will assure compatibiIJly with the existing character of the district. and will encour- age the retention of existing contributing structures within the Northside Neighborhood; and WHEREAS, at Its September 23, 2004 public hearing, the Historic Preservation Commission recommended said proper- ties for rezoning to expand the Brown ~treet Historic District to include proper~ tIes along the 500 to 800 block of Ronalds Street; and WHEREAS, at its October 21, ?004 meeting, the Planning and Zoning Commission recommended approval of said rezoning to expand the Brown Street Historic District; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL The Rooalds Street extension of the Brown Street Historic District, legally described below and illustrated on Exhibit A attached hereto and incorporated herein by this reference, is hereby designated as a Historic Preservation Overlay (OHP) Zone and subject to the guidelines of the Iowa City Historic Preservation Handbook including Section 8.4, Northside Neighborhood District Guidelines hel'8to attached, Incorporated he,., bv lI1io ]J/Ofonco: Y-J. \--S~ An area containlng all of the southem half of Blocks 11,12.32, and 33, and aH of the northern half of Blocks 31 and 34, Original Town, Iowa City, Iowa. Also including all of the northern half of Blocks 10 and 13, except the south 80' of lot 4, Block 13; and the south 75' of lot 1, except the west 11' of the north 44' there- of; also, the south 31' of the east 10' of lot 2, all in block 10. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and direct. ed to change the zoning map of the City of Iowa City, Iowa, 10 conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cer- 'Iffy a copy of this oEdinance and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. . SECTIONV. SEVERABILITY. If any sec- tion, provl-sion or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not affef::t the validity of the Ordinance as a whole or any section, provision or part thereof not acfjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi-nance shall be in effect after Its final passage, approv-al and publication, as provided by law. Passed and approved this 7th day of December, 2004. s/Ernest W. Lehman, Mayor Attest: slMarian K. Kerr, City Clerk 56437 December 15, 2004 ~ \:J~_L~\,--\\ ~J ~~ ~ VAN BUREN ST I CIl CIl CIl .... .... .... III III W 0 .. .. 0 III 0 III .,. CIl VI .. .. i--L- 510 I ~. ~AV J~~lr : ~AV "'N N ~~""I ~ I .. 1 Ill.. III ~ ", 'rHNC/"\~1 ,..~ :1 CIl 1 II!: ~ ,I , .... CIl ~ ;;0.... .... ...,,30 ~ ...... ::E .. r ..IU I .. 0 Z III (J) ..1.. ~ ~ ~9 ~ ~,'! I ~ 'lI31. 0.... VI - oor .r-c CT I "....--, l' .. CIl W .... I. 0 i I .... .. --- w .... ....'4.. .. III III .,. ~ I .... .... III III W 0 CIl LU -A"" ,..~ I III 00 ~ 00 0 .... 89 - I --sJ3 1- ~5 . III ~ - , CIl III - ~ ~ - OJ ;;0 o GOVERNOR ST