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DEMCO, INC . 38·2931 Preliminary Report Upon

LAND USE AND ZONING

Iowa Ci ty, Iowa

CITY PLANNING AND ZONING COMMISSION

Harland Bartholomew and Associates City Planners St. Louis, Missouri

September, 1959 HARLAND BARTHOLOMEW AND ASSOCIATES v. CITY PLANNERS· CIVIL ENGINEERS· LANDSCAPE ARCHITECTS

~ \ '1 317 NORTH ELEVENTH STREET 8 . J SAINT LOUIS 1. MISSOURI HARLAND BARTHOLOMEW ASSOCIATES RUSSELL H. RI LEY GANnKLD 1·2107 CLAIRE AVIS ROBERT B. JONES HARRY W. ALEXANDER CHARLES P. CLAYTON J . ROBERT MOORE ELDRIDGE LOVELACE JOHN I. COFER FREDERIC M . ROBINSON DONALD H. WOLBRINK ERNEST W. COMBS J . M . STEVENS WILLIAM S. POLLARD. JR. September, 1959 J. WOOD

City Planning a nd Zoning Commission City of Iowa City, Iowa

Gentlemen: In accordance with our agreement we are pleased to submit the following preliminary report upon "Land Use and Zoning", which is the second of the several parts of the Comprehensive City Plan.

The arrangement and intensity of land use in the community establish its basic pattern and determine the requirements for streets and utilities, schools and par k s and the various other community facilities and services . The guidance of land use development through zoning i s consequently a most important measure for carrying out the Comprehensive Plan - effective and impartial enforce­ ment of the zoning regulations is a prerequisite to achieving a favorable and desirable urban environmentn

The maximum benefit from comprehensive planning i s gained when the planning procedure is extended through­ out the urban area. Johnson County is currently con­ Sidering a proposed zoning ordinance to guide and dire ct land utilization in unincorporated territory, and the Town of Coralville is likewise considering a proposed revision of its zoning ordinance. Iowa City, Coralville and the County are all fortunate in this present interest and collaboration. The proposed regulations have been carefully interrelated and integrated, and both the cit y reSident and the farmer will benefit from their enactment and enforcement.

We wish to gratefully acknowledge the cooperation and assistance of many citizens and officials of Iowa City in the preparation of this report. Much of the basic work was undertaken by Mr. Donald Reynolds, our field representative. Respectfully submitted,

HARLAND BARTHOLOMEW AND ASSOCIATES tP --//' 2:h I /' By ~ ' ~"--' 'k t~ -'--'L-

s~.., ... c 1.: , •. ~. ·' .... f I ~a L. TABLE OF CONTENTS

Page

INTRODUCTION •••••. • • • • • • • • • 1

BASIC CONSIDERATIONS •••••••• q • • 4 Scope of Zoning • • • • • • • • • • • • 4 Mechanics of Zoning • • • • • • • • • • 4 Purposes of Zoning. • • • • • • • • • • 4

Effect of Zoning o G • • • • • • • • • • 7

LAND USE. • • • 6 • ~ 0 • • • • ~ • a • • 8 The Land Use Surve:.J • e • • • • • • • • 8 General Land Use Pattern. • • • • • • • 9 Land Value Patterns • • • • • • • • •• 12 Residential Uses ••••••••• e • • 13 Land Use Areas ••••••••• ~ • • • 13 Details of Land Use Development 0 • • • 16 Land Use Problems • • • • • • • • • •• 17

EXISTING ZONING REGULATIONS • • • • • • • 19 Iowa City Regulations ••••••• 19 Coralville Zoning Regulations ••• o • 23

PROPOSED ZONING REGULATIONS ~ • • • • • • 25 Proposed District Regulations • • • •• 25 Location of the Districts • • • • • •• 29 Area of the Zoning Districts. • • • •• 32 Nonconforming Uses c • • • • • • • • •• 34 Other Features of the Proposed Ordinance • • • • • • • • • • • • • • 35 Board of Adjustment • • • • • • • .. . . 3 8 Summary • • • • • • · . • • • • • ~ . .. 3 8

APPENDIX A - AMENDED ZONING ORDINANCE INDEX TO PLATES

Plate No. Page

1 Location of Vacant Land. . . • • 14 2 Representative Examples of Land Use • • • • • • • • • • • 16

3 Zoning District Map •••• • Q • Opposite 25

INDEX TO TABLES

Table No. Page

1 Lot Area Per Family in Existing Residential Development in Various Cities ••••••• ~ 13 2 Land Use in Iowa City Urban Area . . . • . . • . . . • . • 13 3 Percent of Total Developed Area and Total Corporate Area Occu­ pied by Major Land Uses - By Political Subdivisions •••• 14 4 Acres Per 100 Persons in Urban Area in Comparison with Eleven Urban Areas •••••••.•• 15 5 Estimated Future Land Use Areas. 15 6 Comparison of Areas Presently Zoned with Land Used ••••• 21 7 Areas Provided Under Proposed Zoning Plan for Urban Area • • 32 8 Areas of Proposed Zoning Districts - Iowa City Urban Area • ~ • • • • • • • . . . . 34 9 Nonconforming Uses Under Proposed Zoning Regulations for Urban Area • • • • . • • • • • • • • 35 INTRODUCTION

Many different types of land uses are found in a modern city. In addition to places in which to live - single-family homes, duplexes, apartments, boarding houses - and the places in which people work such as stores, offices and industries, there are public uses such as streets, parks, and schools, and semi-public uses such as churches and institutions. The arrangement of these many different buildings and land uses, their relationship one with another, and the manner in which the pattern of land uses is adapted to the site of the city, very largely determine the character, efficiency and quality of the community.

The different parts of the city, however - particu­ larly the buildings - are not static but are constantly changing as they are adapted to new conditions, new con­ cepts of human needs, and new technological improvements 0 Plans for the future development of Iowa City should be based on the assumption that the great majority of exist­ ing buildings will be replaced when they have outlived their usefulness.

The control of the use of land through zoning is the most important part of city planning in any communitY d The type and intensity of land use form the basic com­ munity pattern. Harmonious relationships between these are the first essential to a sound and satisfactory city. None of the other phases of city planning such as the planning of streets, sewers, schools, or parks, can be successful unless the basic land use pattern is satis­ factory. Control of land use through zoning is essential to avoid the hodge-podge and chaotic pattern with resi­ dential, commercial, industrial and public and semi-publ i c uses all intermingled - that is the inevitable result whp-n there is no community control.

A reasonable but relatively stringent control will promote and encourage private development. By and large, our communities are built by the individual construction of separate buildings. The successful use and operation of any individual building is dependent very largely upon the particular physical environment surrounding this build­ ing. For example, a single-family home in an industrial district is not a satisfactory place in which to live; -2- nor is a small isolated store as good a business enter­ prise as a store that is grouped with others at a stra­ tegic location where the entire group serves the needs of a large surrounding residential area. If there is no consistent community control of land use there is no method whereby a man who desires to erect a building can ascertain the character of the environment upon which the building will be so dependent. Where the land use is con­ trolled under reasonable and sound zoning regulations the character of the future environment of any building can be ascertained with considerable accuracy and the man buying or building a home or investing money in any com­ mercial or industrial enterprise can proceed with confi­ dence.

Reasonable land use control, consequently, is not only essential in order that a desirable and sound com­ munity may result but also in order that the individual citizens who build the different parts of the city can proceed with a confidence unimpaired by any doubts re­ garding the future city land use pattern.

The city of the future will grow gradually out of the present community. Within the present city is an arrangement of land use that has been adjusted through supply and demand to meet the needs of the people of the city . This arrangement consists of a certain amount of single-family residential area, apartment area, commer­ cial area, industrial area, etc. In general, these areas are in proportion to the needs and desires of the people of the city although their arrangement may leave much to be desired. Any land use plan (or zoning ordinance) must be related to these existing land uses and a most careful study must be made of existing land use because it is the basis for the future community patterns Through a comparison of the amount of land used and the present population a ratio of land-area-to-population can be a scertained for the various land uses. Such a ratio furnishes an important basis for estimates of the com­ munity's future land use needs.

If a zoning ordinance is to properly direct the future growth of a city, the area of the various zoning ( districts must be carefully related to the amount of land that will be needed for the different land uses. -3-

This chapter of the city plan contains a study of existing land use, estimates of future land use require­ ments, an analysis of the present zoni ng regulations, a presentation of a proposed new zoning ordinance, and a discussion of the administration and enforcement of a zoning ordinance.

Control of land use is essential for the entire urban area - not just the part within the present city limits. Zoning is most effective in the control of new growth and most of this will take place beyond the pr esent city limits. Fortunately, a zoning study is currently in process for Johnson County. This report includes a zoninG plan for the Iowa City urban area, much of which is now unincorporated. Part of this plan may be put into effect by a new zoning ordinance recommended for Iowa City~ Much of the remainder will be an integral part of the zoning plan for Johnson County. Enactment of the county z oning regulations will enable the community to obtain f ull benefit from planning and zoning by applying them t o areas of potential growth before the growth takes pla ce. -4-

BAS I C CONSIDERATIONS

Scope of Zoning

To effectively protect existing development and t o guide future growth, zoning should control:

1. The use of land and of buildings - regulations governing whether or not property can be used for commer­ cial, industrial, or residential purposes.

2. The height of buildings - regulations establish­ ing maximum building heights .

3. The open space around buildings - regulations specifying the minimum depth of front, side, and rea r yards around buildings, and requirements for off-street parking spaces.

4. The density of population - regulations specifyiDg the minimum number of squa re feet of lot a rea that must b e provided for each family.

Zoning does not control the type a n d character of building construction ; this is accomplished by the building code. Nor does zoning control the architectural design o ~ the cost of the structure. Such matters can be controlled only through deed restrictions and private covenants put into effect when a subdivision is recorded or a parcel of land is sold or through special architectural control ordinances.

Mechanics of Zoning

Zoning is' accomplished by dividing the area into "districts" . One district may differ from another in the type of uses permitted, or the same uses may be permitted in two or more districts and different yard depths and lot areas be required.

Zoning regulations are minimum regulations. The regulations in one district, for example, may require a twenty-five foot front yard or a lot containing 6, 0 00 square feet. This is the minimum required; buildings may be set back farther on the lots and lots of larger -5- area a r e permissible. In a district where the maximum height limi t is three stories, buildings of a lower height a re permitted. In practically all communities the ma jority of development is built at a higher standard than that required by the regulations.

There have been many court decisions relating to the meaning of the word "district". While most courts recog­ nize that cities must be granted considerable discretion in determining the size and boundaries of these districts, such boundaries must be reasonable. For example, in mo s t cases both sides of a street are similar and should be in the same district. Consequently, the district boundary should not follow a street but should follow the alley or rear lot line. Where t wo major streets intersect all four corners are usually alike. If one is zoned for bus iness, at least two and usually all should be so zoned . The courts have indicated, however, that one lot is not a district. The so-called "spot zoning" of individual parcels of land is neither fair, equitable nor satisfactory, and at certain times has been held to be illega l.

Purposes of Zoning

The first purpose of zoning is to direct the growth of the community in accordance with a comprehensive plan. The use of urban land is dependent upon the arrangement of such physical facilities as streets, railroads, schools, and parks, and the zoning regulations should be part of a plan dealing with all these facilities. Under a good zoni n g ordinance the growth of a city will arrange itself accord­ ing to a pattern of land use that will fit into a compre­ hensive plan and bring the maximum benefit to the entire community. There is a close relationship between the land use arrangement and the provision of needed public facili­ ties such as water, sewerage, schools and parks. For example, it is most difficult to design a sewer system in the absence of a general p lan of population density.

The second purpose of zoning is to provide adequate light and air, prevent overcrowding of land, and to avoid undue concentration of population.

The third purpose of zoning is to encourage the most appropriate use of land. Zoning must be reasonable. The future use of property permitted must be related to the eXisting deveI6pme~t~ In drafting ~n ordinance con­ sideration must be given to the character of the district -6- and its peculiar suitability for partic u lar uses. Of greatest importance, however, is the necessity for the regulations to encourage the most appropriate use of land throughout the community. The zoning regulations should be based upon the interests of the entire area - of all the people - rather than upon the value or use of one or two individual pieces of land. Zoning is more than just a few rules to keep one man from unduly damaging the value of his neighbor's property. It is a directive force to encourage the development of the best possible community.

The fourth purpose of zoning is to conserve and pro tect property values. For example, in a single-family neighborhood a few lots might bring a much higher price if they could be used for multiple dwellings. Such a use, however, would destroy rather than conserve the value of the existing buildings.

If each individual is completely free to do just as he pleases with his property, the different types of land use - residence, industry and commerce - become intermingled, damaging each other and the city as a whole. No one wants to build a home and then find the lot next door or across the street used as a soap factory or as a junk yard. While this is a most extreme example, there is no question but that industrial or commercial uses adversely affect adjacent residential property. In addition, one type of residential property may hav8 an adverse effect on another. For example, when a single­ family neighborhood is invaded by duplexes and multiple dwellings, buildings that are obviously rental in chara,:;.-­ ter, the value of the single-family area for its origina: purpose is reduced, because, over a long period rental property depreciates more rapidly than property that is owner-occupied.

Yard and density regulations are also needed to protect residential areas. In a neighborhood of single­ familv homes on large lots, a group of homes jammed to­ gethe~ on tiny lots - an occurrence that often results from the resubdivision of a corner lot - also depreciates values.

Maintenance of value and amenities in residential areas should be a major community activity. In older cities, through neglect, residential areas that were once of a good character have depreciated into blighted -7- areas and slums; population has left them and gone into new areas, necessitating additional public expenditure f or the construction of additional public facilit i es. Reasonable zoning regulations will do much to preserve residential values and thus assist in the prevention of such wasteful occurrences. Residential zoning is more important, and a more difficult problem, in Iowa City than in the usual city because the city's residential buildings must provide so large a part of the housing for the students at the State University of Iowa and the somewhat specialized requirements of the student s must be given careful consideration.

Eff ect o f Zoning

Zoning has a great influence upon city development, an influence that can be good or bad depending upon the quality of the ordinance. The zoning of a particular area for business or for multiple dwelling will not in itself bring about construction of stores or apartments in the respective areas. However, the zoning of a parcel of l and for a particular use is tantamount to the city's informing the property owner that there is a strong possi­ bility that his land will some day be used f or that purpose. Consequently, if a man owns a single-family home and this home is placed in a commercial zone, he assumes that some day his property can be sold at a profit for commercial use. He does not keep his home in good repair or make additions or improvements; instead he allows it to deterio­ rate awaiting the day when he can sell it for the'big profi 't "o

When a city zones much more land than it will ever need for multiple dwelling, commerce, or industry, it creates a widespread false presumption regarding the value of this property, a presumption that can never be realized~ This results in depreciation and blight of property and zoning of this type discourages the most appropriate use of land throughout the municipality. Consequently, the area of the zoning districts must be closely related to the amount of land needed for the uses permitted in the district. -8-

LAND USE

The Land Use Survey

A sound zoning ordinance should be based on a compre­ hensive plan for land use for the entire urban area. In order to be reasonable, it should give careful considera­ tion to the existing use of the land as well as to the suitability of different sections for particular uses. This requires a thorough knowledge and analysis of exist­ ing development as well as of future requirements.

A field inspection was made of every parcel of land in Iowa City and Johnson County. Detailed land use maps were prepared showing the present use of every parcel of land, and computations were made of the amount of land devoted to the various land uses. Maps were also pre­ p ared showing vacant land, publicly owned land, compara ­ tive assessed values, nonconforming uses under existing and proposed zoning regulations, and other aspects of the existing land use pattern. In addition certain aspect3 of recent residential, commercial, industrial, and semi­ public development were studied.

For the purposes of this survey existing land uses were classified into eleven groups, as follows:

1. Single-family dwellings. 2. Two-family dwellings. 3. Multiple dwellings, including residences with three or more family units, boarding and room­ ing houses, fraternities and sororities. 4. Commerce, including retail stores, offices, small shops, funeral homes, etc. 5. Light industry, including unobnoxious manu­ facturing, wholesale stores, warehouses, garages, etc. 6. Heavy industry - machine shops, junk yards and all industries obnoxious because of the emission of odor, dust, smoke, noise, gas and vibration. 7. Public and semi-public property, such as schools, churches, institutions and cemeteries. 8. Railroads. 9. Parks and playgrounds. 10. Vacant land - land used for no urban purpose, including undeveloped and agricultural property. 11. Streets and alleys. -9-

General Land Use Pattern

The previous report "Growth of the Community" descri2led general aspects of the land use pattern of the Iowa City urban area. The most significant of these can be summarized as f ollows:

1. Topography and the location of major public uses have been the two most important in­ fluences upon the community's development. The land use pattern has been profoundly affected by the location of the campus of the State University of Iowa, by the loca­ tion of the municipal airport and by the cemeteries in the northeastern portion of the city.

2. The land use pattern of the city is quite similar to the usual municipality in the area east of the river with a central busi- ness district together with concomitant ad­ jacent light industr.ial areas surrounded by residential uses of fairly high density such as two-family dwellings and apartments, and this area in turn surrounded by residential districts of more open character predominantly consisting of single-family homes, this pattern being interrupted by the railroad, major high­ ways and important public and semi-public areas~ No such typical pattern exists west of the river; however, the river itself, the S.U.I. campus and the airport have broken development up, particularly insofar as residential uses are concerned. There are three concentrations of residential ~se west of the river. These are (1) University Heights, and the residen­ tial section east of the Rock Island Railroad and south of Melrose, (2) the residential neighborhood north of the campus and west of Templin Road, and (3) the Coralville area.

3. The community pattern is not well balanced around a common center, the predominant resi­ dential growth having been to the east.

4. The State University of Iowa generates housing requirements different from that of the typical city. A significant part of the enrollment is married and this generates a need for apar t ments -10-

and other rental residential properties. Single students generate requirements for numerous rooming hou ses. To ease the load on the street system it will be desirable for such uses to be located as close as possible to the campus so that the minimum number of students need to drive. Unfortu­ nately, however, in several close-in residen­ tial areas, particularly west of the river, residential use has been predominantly of single-family dwellings. Numerous land use conflicts arise from this situation.

5. Through the understandable lack of any knowledge of the future size of the State University of Iowa, many areas that would have been most logical for campus expansion

have been devoted to other uses o

The map showing the existing land uses on a lot-by-Iot basis was prepared in color and was not reproduced in this r eport. When examined in detail additional aspects of the land use pattern are revealed, including the following:

1. The most prevalent land use is for single­ family dwellings. These are found in every part of the urban area, many of them close to the central business district where they are intermingled with two-family and multiple dwellings and occasionally with commerce and industry. It is notable, however, that there are no large areas in the community completely devoted to this use. In almost every residen­ tial block in the urban area there are a few scattered two-family or multiple dwelling uses intermingled with single-family homes. As previously mentioned, the single-family home is the most sensitive to adverse effects from other land uses. No area has been set aside and completely protected for single­ family dwelling use.

2. Two-family homes have been permitted to locate anywhere within the city and while there are not an inordinate number of these , they have been taking the opportunity af­ forded them and are found in scattered -11-

locations throughout all of the resi­ dential sections. They show a tendency toward concentration in the older, more centrally located residential neighborhoods.

3. As would be expected there are a great number of multiple dwelling uses within the community. These consist of three general types: (a) lodg­ ing houses, (b) fraternities and sororities and (c) apartment buildings. As indicated in the previous report, a large amount of stu­ dent housing is provided on the campus. These areas have been classified as campus areas and not as housing areas in the land use survey. Multiple dwelling uses have generally penetrated all of the older resi­ dential areas in the city where the older and larger homes are adapted to conversion for student roomi ng houses and for small apartments.

4. Insofar as the volume of retail tra de is concerned the largest concentration of com­ mercial use is within the central business district. The land area occupied in this location is not large, however. The greatest concentration from the standpoint of acreage occupied i s found along Highway 6 in the Coralville area in a linear arrangement of restaurants, motels and typical "highway commercial" uses intermingled wi th c ertain others of an industrial nature. Other con­ centrations of commercial use are found ad­ jacent to the intersection of Riverside Drive, Highway 6 and Highway 1, and along Market Street between Dubuque and Linn. Scattered commercial uses occupying rela­ tively large areas are found north and east of the city. Primarily utilized for trailer camps these uses have had a disturbing effect - and an adverse effect - upon use of nearby property for residential purposes. These are examples of the need for land use con- trol in the environs.

There are very few commercial centers in the residential areas providing such services as grocery stores and drug stores for the nearby -12-

residents. Instead, because of the rela­ tively small size of the community, virtu­ ally all trade of this type is conducted within the central business district. In the older areas of the city in locations where they were established before zoning was enacted, are found quite a number of small, isolated, commercial uses.

5. Industrial uses are found in several lo­ cations. Light industries of the service nature are found adjacent to the business district, particularly to the southeast. There are a number of small industrial uses in the general area between Maiden Lane and Riverside Drive and between the Rock Island Railroad and Highway 6. There is a small industrial development near the airport. Several new industries have located along the Rock Island east of the city. Finally, there are several important industries in the Coralville area.

6. The importance of the public and semi­ public uses have previously been empha­ sized. Parks primarily consist of the City Park in the north part of the city at the bend of the river, and several very small local park areas.

Land Value Patterns

A special study was made of the assessed value of property within the community. This indicated for each parcel of land the assessed value according to several major categories. This study indicated high values within the central business district, for a few indus­ trial properties particularly those to the southeast and in connection with two major residence areas (1) the residential section in the general vicinity of the high school, (2) the residential area west of the river im­ mediately adjacent to the S.U.I~ campus. Many of the higher residential values consist of single-family homes, which again emphasizes the importance of protect­ ing such values. Table 2 LAND USE IN IOWA CITY URBAN AREA

Average 11 Iowa City Urban Area Urban Areas Percent Percent Percent of Dev. Area in of Total of Total Area in Acres Dev.Area Dev.Area IDwa City Single-family Dwelling 1,371.23 26.7 25.0 71 Two-family Dwelling 59.98 1.2 1.6 94 Multi-family Dwelling 102.29 2.0 1.3 95 Commercial 166.09 3.3 2.7 38 Light Industry 97.61 1.9 1.9 81 Heavy Industry 302.32 Railroad Property 5.9 3.8 43 171.89 3.3 6.2 44 Parks and Playgrounds 111.27 2.2 4.6 100 Public and Semi-public 1,576.02 Streets 30.7 25.3 79 1,167.94 22.8 27.6 65 Total Developed 5,126.64 100.0 100.0 70 Vacant and Agricultural 15,298.40 Water 338.26 Total Area 20,763.30 Table 1

LOT AREA PER FAMILY IN EXISTING RESIDENTIAL DEVELOPMENT IN VARIOUS CITIES

Lot Area Per Family Population at Time of Single-family Two-family Multiple City Survey Homes Homes Dwellings

DeKalb, Illinois 12,000 11,320 4,360 4,007 Galesburg, Illinois 35,000 9,600 5,663 1,742 Streator, Illinois 17,000 9,104 4,242 2,408

IOWA CITY, IOWA 32,000 8,963 3,275 2,129

Jefferson City, Missouri 23,000 8,560 3,598 2,150 Quincy, Illinois 43,000 7,971 3,957 2,386 St. Joseph, Michigan 11,500 7,450 2,500 1,900 Hutchinson, Kansas 34,000 7,361 3,484 2,103 Mexico, Missouri 12,500 7,190 3,530 2,420 Bloomington, Illinois 38,000 6,964 3,395 1,975 Fort Dodge, Iowa 28,500* 6,902 3,876 1,205 Lincoln, Nebraska 97,000 6,750 2,950 1,670 Benton Harbor, Michigan 20,000 6,150 3,160 2,880 Sioux Falls, South Dakota 53,000 5,967 3,059 1,851 Hamilton, Ohio 58,000 5,600 2,374 1,681

*Estimated population within city limits. -13-

Residential Uses

The land use survey indicated that in the "urban area"* there were some 8,565 living units. When the basic character of the community is considered it is surprising to find so many of these - 70 percent - in single-family homes. Ten percent of the dwelling units were in duplexes and 20 percent in multiple dwellings. The multiple dwellings consist of 1,549 apartment units, 32 fraternities and sororities and 139 rooming houses.

Of the 5,959 single-family homes, 4,838 - or 81 percent - are found in Iowa City. Some 439 single-family homes, almost as many as the 506 in Coralville, are found in unincorporated areas in the surrounding townships. Of the duplex units 85 percent are located in Iowa City; of the multiple units 95 percent are in Iowa City.

The average lot area per family in Iowa City for single-family homes is 8,963 square feet. (See Table 1.) This is relatively large in comparison with other cities of similar size indicating a generally more-than-average spacious character of residential development. Single­ family lots in Iowa City are exceeded in average area in University Heights where the average lot is 9,207 square feet; in Coralville where the average is 10,244, and, of course, in the unincorporated areas where there are very large lots. The average lot area outside the municipali­ ties is 21,780 square feet. Generally spacious lot area characteristics are found also in two-family homes where the average for Iowa City is 3,275 square feet per familYa For multiple uses the Iowa City average is 2,130 square feet per family while the University Heights average is 2,950 square feet.

Land Use Areas

The previous report included estimates of future trends in land use. These general land use trend studies have now been refined in greater detail and broken down by more classifications in order that they might be uti­ lized in the study of the community's zoning regulations.

Within the urban area* there are 20,763 acres of land. Of this, some 5,126 - or a little less than one-fourth - has been utilized for urban purposes, the remainder is agricultural, vacant or water areas. (See Table 2.) *Iowa City, Coralville, University Heights and East and West Lucas Townships. • IOWA CITY AND ENVIRONS, VACANT LAND IOWA WITHIN INCORPORATED AREA

CITY 'LANNING COMMISSION O F IOWA CITY ZONING COMMISSION OF JOliN SON COUNTY

DI .T~ 1 Table 3

PERCENT OF TOTAL DEVELOPED AREA AND TOTAL CORPORATE AREA OCCUPIED BY MAJOR LAND USES - BY POLITICAL SUBDIVISIONS

Iowa City Urban Area East and West Lucas Iowa City Coralville University Heights Townships % of % of % of % of Area Total % of Area Total % of Area Total % of Area Total in Dev. Total in Dev. Total in Dev. Total in Dev. Acres Area Area Acres Area Area Acres Area Area Acres Area

Single-family Dwelling 995.49 27.7 21.8 119.02 34.4 20.3 , 37.22 52.7 23.9 219.5 19.8 Two-family Dwelling 56.54 1.6 1.2 2.35 0.7 0.4 1.09 1.5 0.7 Multi-family Dwelling 96.22 2.7 2.1 ·1.12 0.3 0 .2 4.95 7.0 3.2 Commercial 62.93 1.7 1.4 51.79 15.0 8~8 0.67 1.0 0.4 50.7 4.6 Light Industry 79.35 2.2 1.7 16.66 4.8 2.8 1.6 Heavy Industry 128.15 0.0 3.5 2.8 41.47 12.0 7.1 132.7 11.9 Railroad Property 75.69 2.1 1.7 10.20 3.0 1.7 86.0 7.8 Parks and Play~rounds 111.27 3.1 2.4 Public and Sem1-public 1,234.43 34.3 27.1 11.73 3.4 Streets 2.0 3.86 5.5 2.5 326.0 29.3 757.90 21.1 16.6 91.22 26.4 15.7 22.82 32.3 14.6 296.0 26.6 Total Developed 3,597.98 100.0 78.8 345.56 100.0 59.0 70.61 100.0 45.3 1,112.5 100.0 Vacant, Water or Agricultural 962.19 240.04 85.43 ~ -- Total Area 4,560.17 585.60 156.04 1661.5 -14-

The distribution of used land among the various land use categor ies is surprisingly similar to that of the t ypi ­ c al urban area. The largest use of land in the Iowa City urban area is for public and semi-public purposes - 30 . 7 percent, a larger portion than in the average community. However, Iowa City utilizes a much smaller percentage of total developed area for streets. It is notable that the percentage of land devoted to parks in Iowa City is less than half of that in the average urban area. While light industry occupies the same percentage as the usual community the area occupied by heavy industry is much larger in Iowa City and by railroads much smaller. The percentage of developed area devoted to residential pur­ poses is quite similar with a little less than average utilization in Iowa City for two-family dwellings and a more than average utilization for multi-family and single­ family dwellings. Of the total developed area in the greater Iowa City community 70 percent is f ound within the corporate limits of I owa City. Iowa City includes all of the parks of the urban area; 95 percent of the area used for mu lti-family dwelling and 94 percent of the area used for t wo-family dwelling. However, Iowa City includes less than two-fifths of the area used for commercial purposes in the community and only a little more than two-fifths of the heavy indus­ trial and railroad land uses.

A breakdown of land use for the three municipalities and for the two unincorporated townships is shown on Table 3~ While Iowa City contains 70 percent of the developed area a little over one-fifth of the city is vacant. This is a much smaller percentage of vacant land than in the usual community of less than 50,000 population where approximately 47 percent of the corporate area is vacant; 41 percent of Coralville and 55 percent of University Heights are vaca n t . Location of vacant land in the three municipalities is shown on Plate 1. Only a very small part - approximately seven percent - of the area of East and West Lucas Town­ ships has been used for urban purposes.

Almost as large an area of land has been utilized for commercial purposes in Coralville as in Iowa City. The area occupied for these uses is substantial in the two townships primarily because of large trailer courts to the north of the city. One_multiple dwelling was found in Coralville and no two-family or multi-family dw ellings were found in the unincorporated areas. Table 5

ESTIMATED FUTURE LAND USE AREAS

Iowa City Urban Area

Estin:nted Estimated Area Used 1959 Acres per Estimated Total Acres Acres per 100 Parsons Additional Required Acres 100 Persons 1985 Acres 1985 1985 Single-family Dwelling 1,371.2 3.76 4.00 1,428.8 2,800 Two-family Dwelling 60.0 0.16 0.25 115.0 175 Multi-family Dwelling 102.3 0.28 0.45 213.8 315

Commercial 166.1 0.46 0.50 182.8 350

Light Industry 97.6 0.27 0.35 147.4 245 Heavy Industry 302.3 0.83 0.90 327.7 630 Railroad Property 171.9 0.47 0.25 3.1 175 Parks and Playgrounds 111.3 0.30 1.00 588.7 700 Public and Semi-public 1,576.0 4.32 4.00 1,224.0 2,800 Streets 1,167.9 3.20 3.30 1,142.1 2,310

Total Developed 5,126.6 14.05 15.00 5,373.4 10,500

Based ~n estimated future urban population of 70,000 Table 4

ACRES PER 100 PERSONS IN URBAN AREA IN COMPARISON WITH 11 URBAN AREAS

Iowa City, Iowa Average 11 Iowa City Urban Area Urban Areas Area in Acres per Acres per Acres 100 Persons 100 Parsons Single-family Dwelling 1,371.2 3.76 3.72 Two-family Dwelling 60.0 0.16 0.24 *Mu1ti-fami1y Dwelling 102.3 0.28 0.20

Commercial 166.1 0.46 0.39

Light Industry 97.6 0.27 0.28 Heavy Industry 302.3 0.83 0.56 Railroad Property 171.9 0.47 0.92

Parks and Playgrounds 111.3 0.30 0.67 Public and Semi-public 1,576.0 4.32 3.75 Streets 1,167.9 3.20 4.10

Total Developed Area 5,126.6 14.05 14.84

*22.8 acres or 0.07 acres per 100 persons and 73.4 acres or 0.23 acres per 100 persons in Iowa City itself used for rooming houses and apartments respectively. -15-

Per Capita Land Use. On a per capita basis the area of land utilized in Iowa City is a little less than the average urban area. (See Table 4.) This is due to the very large part of the population that consists of stu­ dents, the students having a smaller per capita land usage than the other elements of the population. It is significant, however, that multi-family usage in I owa City is larger than in the usual community. A little over one-fifth of the multiple dwelling area con­ sists of rooming houses. The zoning plan will be sig­ nificantly affected by the relatively large usage of land for commercial purposes.

The usual standard for park area is one acre for each 100 persons. The a verage urban area provides only two-thirds of the minimum standard. In Iowa City, how­ ever, the acreage provided is only 30 percent of the recommended minimum standard1

Future Land Use. The previous report indicated that Iowa City should be planned as a community of some 70,000 persons and estimated the need for 10,500 acres of land in urban use to serve that population. A detailed breakdown of this estimate is shown on Table 5. The future should see a somewhat larger per capita utilization of land for single-family dwellings and two-family dwellings and a mu ch larger ratio for multi-family dwellings. Thus, over the next twenty-five years while single-family dwelling areas are estimated to somewhat more than double, area occupied by two-family dwellings is estimated to almost triple with multi-family dwelling area by 1985 being more than three times the 1959 acreage.

Occupancy of land for commercial purposes is esti­ mated to increase from 167 to 350 acres. There would be increases in lands occupied by both light and heavy in­ ililstry but no increases are anticipated for land occupied by railroads. Extension of branch lines to serve industry would be compensated for by the abandonment of other rail lines. As mentioned above there should be a very great increase in park and playground area and a significant although not a per capita increase, in land oCcupied f~r public and semi-public purposes.

Estimates of future land use areas provide an ex­ cellent basis for determining the area that should be allocated to different uses under a zoning plan. The REPRESENT ATIVE EXAMPLES OF LAND USE

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PLATE 2 -16- zoning plan should look ahead for 20 to 25 years and make allowance for areas needed for expansion of the various land uses. Because no zoning district will be used completely for its designated purpose a somewhat larger area should be allocated than that estimated to be needed. For example, within the commercial districts are always found some residential property, some vacant land and certain public and semi-public uses such as lodges and churches. Thus it would not be reasonable to provide a future commercial district of just 350 acres; instead an area 50 to 100 percent larger should be provided in order to allow for some flexibility and for occupancy by non-commercial uses.

Zoning districts, however, should be kept in propor­ t i on to the known facts of land use; otherwise, the zoning cannot direct the growth of the community in accordance with a comprehensive plan.

Details of Land Use Development

As a part of the land use survey special analyses were made of recent residential, commercial, industrial and public and semi-public improvements. The purpose here was to analyze the characteristics of development t hat were normally taking place within the community in order that the standards for density, front yards, off­ street parking, etc. as proposed in the zoning ordinance, could be reasonable in relation to current practices of the community. A summary of this study is shown on Plate 2~

Recent single-family residential development has pro­ vided lots of between 6400 and 12,250 square feet in area o Front yards provided vary between 25 and 40 feet on the examples shown. The commercial uses studied provided between one space for every 47 square feet of floor area and one space for every 147 square feet of floor area in­ sofar as off-street parking was concerned. Industrial uses had a ratio of between 1.1 and 2.3 employees per parking space. The examples shown for study were those in which a desirable development of a relatively high standard had been provided. Such high standards could not be universally imposed throughout a community; how­ ever, these examples demonstrated that it is possible to profitably develop property in accordance with such high standards. -17-

Land Use Problems

The preceding study has indicated several l a nd use problems in the urban area. These may be briefly summarized as follows:

1. Control of land use throughout the urban area is imperative. The best example demonstrating this i s the location of the tra iler camps to the north of the city which have s erved to deteriorate value of adja­ cent property for single-family residential purposes. The land use studies revealed, however, that the urban area must be studied, planned and zoned as a "unit" and a fragmented approach looking at the problem solely from the point of view of Coralville, or Iowa City, or of the unincorporated areas, cannot be successful. A community-wide plan is necessary.

2. A significant problem is created by the un­ usually large needs of the Iowa City community for multiple dwelling area. These have caused a number of past zoning problems. One of the major d i f f icul­ ties in the zoning plan will be to set aside c lose-in land wi th adequate area to provide for the r elatively large amount of multiple dwelling property that will be needed to serve the future university enrollment« Virtually all of the most suitably located multiple dwelling areas have already been occupied by residen­ tial uses, many of them of a single-family character.

3. As Iowa City grows, provision for commercial expansion will become a more difficult problem. Ther e will be a greater development of small commercial cen ­ ters serving outlying residential neighborhoods. At the same time the central business district should expand in order to continue to be the dominant com­ mercial center for the entire community. Being sur­ rounded by well developed residential and public uses expansion of the business district may appropriately > take the form of a more intensive use of present com­ mercial land rather than taking the form of any signi­ ficant horizontal expansion.

4. The previous report indicated conclusively that Iowa City should be looked upon primarily as a community serving the State University of Iowa. Both the community and the university are closely interre­ lated. Development of any major or extensive industrial -18- uses does not seem probable or desirable; however, there should be some industrial development to help balance the tax base and some industry will no doubt be attracted by both the character of the community and the many scientific and personnel resources avail­ able at the university. Sites for industry must be very carefully located. The character of industry locating within the community must be very carefully controlled. 5. In the future, as at present, the major part of the population - two thirds or more - will be living in single-family homes. Consequently, some two-thirds of the residential area should be set aside for single­ family dwellings. Within these areas zoning should prohibit not just the scattering of commercial or in­ dustrial uses but the development of duplexes, multiple dwellings and lodging houses. One of the most impor t an ~ objectives of the city plan is that the community con­ tinue as a good place in which to live and this can bes t be effected by development of fine, single-family resi­ dential neighborhoods. -19-

EXISTING ZONI NG REGULATIONS

The municipalities of Iowa City and Coralville have enacted and enforced comprehensive zoning regu­ lations. University Heights does not have a zoning ordinance, relying upon deed restrictions put into effect when a subdivision is recorded. There are no regulations in the unincorporated areas.

Iowa City Regulations

The Iowa City zoning ordinance was first enacted in 1936. It subsequently had two significant amend­ ments, one in 1955 that provided for a new commercial district and one in 1958 that provided for off-street parking. The original zoning ordinance divided the city into four zoning districts: two residence distri cts, a business district and an industrial district. With­ in the "A" Residence District land could b e used for one or two-family dwellings, churches, schools, parks, farms and greenhouses. Within the "B" Residence Dis­ trict any type of residential use is permitted i nclud­ ing lodging houses, apartment houses, fraternities and sororities. In addition, clubs, lodges, hospitals and sanitariums are allowed in the "B" District also.

A wide variety of commercial uses are permitted in the business district, in addition to the uses per­ mitted in the residence districts. Laundries and shops are allowed but may not employ more than ten persons o Filling stations and garages are permitted only upon special approval of the Board of Adjustment. Within the industrial district any use that is not obnoxious unhealthful or offens1ve. b y reason of the emission of ' odor, dust, smoke, or noise is allowed with a specific prohibition of some 53 industrial uses. Any use speci­ fically prohibited may, however, locate with special approval of the City Council.

The "shopping center" district was added to the four basic districts above described. Within the shopping center district a very limited number of retail uses would be permitted, a large amount of off-street parking would be required and the site plan for the development would have to be approved by the City Planning Commission. -20-

The Iowa City ordinance regulates front, side and rear yards, lot coverage and population density. Within the "All District a minimum lot area of 6000 square feet is required; within the "B" District the lot is required to be 4000 square feet in area and to provide 2000 square feet per familyo In the shop­ ping center district a front yard of 20 feet is required­ however, no front yard is required in the business dis- ' trict or in the industrial district. Height of build­ ings is limited to three stories or 50 feet in the in­ dustrial district; to three stories or 50 feet in the business district except that the height may be in­ creased above 50 feet if additional setback is pro­ vided; in the shopping center district the height of buildings is limited to one story. Height limitations are three stories or 40 feet in the "B" Residence Dis­ trict and two and one-half stories or 35 feet in the "A" District. In addition to specifying the regulations in each of the districts the ordinance makes provision for cer­ tain uses which may be allowed in any district by speci~l permit. These include: lodging and boarding houses, clubs, hospitals, public utility buildings and telephone exchanges. The usual provisions are made for height and area exceptions, for amendments and changes and for the Board of Adjustment.

Location of the Districts

Except for isolated areas south and east of the business district along the Rock Island Railroad the industrially zoned areas are south of the downtown area - along Front Street and along Gilbert and Van Buren Streets. The great preponderance of the busi­ ness zoning is in the central area with only a few sub-centers having been established. The district map contains several instances of "spot zoning" for business where an individual lot has been singled out for special treatment. Most of the older, close­ in residence areas have been placed in the "B" Resi­ dence District with the remainder of the city in the "A" Residence District.

Area of the Districts The area zoned in Iowa City under the present ordinance is approximately 2,560 acres with the re­ mainder of the city consisting of streets. The major Table 6

COMPARISON OF AREAS PRESENTLY ZONED WITH LAND USED

Iowa City and Coralville Acres in Present Acres Used 1959 Zoning Districts Iowa Coral- Iowa Coral- City ville . . Total City ville Total

Single-family Dwelling . 995.5 119.0 1,114.5 Two-family uwelling 56.5 2.4 58.9 1,995 171 2,166 Multi-family Dwelling 96.2 1.1 97.3 157 57 214

Total Residential 1,148.2 122.5 1,270. 7 2,152 228 2,380

Commercial 62.9 51.8 114.7 137 107 244

Light Industry 79.4 16.7 96.1 Heavy Industry 128.2 41.5 169.7 Railroad Property 75.7 10.2 85.9

Total Industry 283.3 68.4 351.7 270 146 416

Parks and Playgrounds 111.3 111.3

Public and Semi-public 1,234.4 11.7 1,246.1 12 Streets 757.9 91.2 849.1

Total Area 3,598.0 345.6 3,943.6 2,559 493 3,040 -21- part of the zoned area is placed in the "A" or "B" Residence Districts - 2,150 acres. (See Table 6.) Almost 2000 acres - or 78 percent - of the "zonable area" has been placed in the "A" Residence Districto The area included in the "B" Residence District - 157 acres - is not too much larger than the 96 acr e s used for multiple dwelling uses. The business and shopping center dis~ricts aggregate 137 acres, a little more than tW1ce the amount of land used for commercial purposes within the city. The total area allocated in the industrial district - 270 acres - is less than the current area occupied by industry and railroads within the city.

Parking Regulations In May of 1958, Iowa City enacted comprehensive regulations requiring provision of off-street park­ ing for new buildings and for buildings that were enlarged or converted. These required that one off­ street parking space be provided for each family unit or for each two tenants in residential buildings and provided general parking regulations for all non-' residential buildings, said parking to be provided on the same lot or within 1500 feet of the lot and in the case of business, commercial or industrial buildings affecting only those with more than 7500 square feet' of floor area. Defects of the Present Regulations

Present zoning regulations have provided a very valuable protection for property values in Iowa CitYn Unwarranted intrusion of commercial and industrial uses into the residential areas have been prohibited. Land uses have arranged themselves in a far more orderly pattern than would have been the case in the absence of these regulations. The zoning districts, however, were laid out in the absence of a comprehen­ sive over-all land use study; furthermore, advances and progress in the techniques of zoning have been quite rapid and any ordinance written more than ten years ago is now obsolete in relation to current practice. Due to these several reasons it is not surprising to encounter major defects in the present regulations. These may be summarized as follows: -22-

1. The present ordinance provides no areas for the exclusive use of single-family homes. Two­ family homes are permitted anywhere. In addition , a very large number of roomers, up to seven, are allowed in the "A" Residence District.

2. The ordinance does not provide a sufficient number of commercial districts. The shopping center district provides for commercial uses that would serve adjacent residential areas. The business dis­ trict would provide for the downtown area; however, there is no provision for commercial uses such as might locate along a highway or for commercial uses that might locate in areas adjacent to the business district. Different types of regulations should be prescribed for each of these types of commercial uses with regulations providing for the needs of each type of commercial district and yet providing the maximum protection to adjacent residential prop- erty. 3. The zoning map contains a number of instances of "spot zoning" - poor, if not illegal, zoning prac- tice. 4. In general, lot area and yard regulations are inadequate in relation to current practice in the community. 5. Parking regulations are difficult to apply on a broad over-all basis. They can best be designed in relation to each individual zoning district. In the central business district, where public parking is provided, private uses should not be required to provide their own parking except where the develop­ ment is of more than average intensity. In outlying commercial areas there should be a much larger park­ ing requirement than in the close-in commercial dis­ tricts. Off-street parking should be required for in­ dustrial uses also. 6. In general, it might be said that the pres­ ent ordinance endeavors to deal with a very compli­ cated land use problem in too simple a manner and by so doing provides too rigorous regulations in some areas and too inadequate a control in others. -23-

Coralville Zoning Regulations

The Coralville zoning ordinance was enacted in 1956 and divides the municipality into five differ­ ent zoning districts. To a certain extent the Coral­ ville ordinance is based on the Iowa City ordinance.

While the ordinance provides for an "A" and a "B" Residence District there is not too much real difference between the regulations of these districts', both require lots of 6600 square feet and lot widths of 60 feet. Two-family dwellings are allowed in both districts. However, the "B" District permits rooming houses, tourist homes, hospitals, sanitariums, apart­ ment houses and cemeteries where the "A" Distri ct does not. Of the two business districts, the "A" Business District is almost identical to the shopping c enter district in the Iowa City ordinance. Within the "B" Business District the regulations are quite simila r to the regulations of the Iowa City Business District. The industrial district regulations of Coralville are also quite similar to those of Iowa City.

Location of the Districts The Class "A" Residential Zone includes gener­ ally the property between 5th Street and the north Corporation Line from 6th Avenue W. and the property between 6th and the railroad from 6th Avenue E., ex­ cludinao from the latter area an irregular district bounded by the railroad, 5th Avenue, 7th Street, property along the west side of 4th Avenue and 6th Street o This excluded district is in the Class "B" Zone. This "B" Zone also includes the frontage for a depth of two lots along the east side of 1st Avenue northward from the railroad and that along the west side of 1st Avenue northward to 9th Street and ex­ tending back in depth to the end of the latter.

Most of the commercial zoning in Coralville is in the "B" District. The only Class "A" Business is in the blocks on both sides of 5th Street west of 10th Avenue. (One of these includes a drive-in theatre .) The area bounded generally by 5th, 10th, Highway 6 and 1st is in the Class "B" Business, as is that to -24-

the east along U.S. 6 extending back to the river and Clear Creek. The l and between U.~. 6 and the Rock Island Railroad is industrial. The remaining industrial is in the north, including the tank farm north of the C.R.&I . C. and the area between 1st Avenue a n d the river extending from Clear Creek to the north city limit (except for the "B" District described above).

Area of the Districts

The area of the zoning districts of Coralville is also shown on Table 6. Of the total zoned area of some 480 acres, a little less than half is placed in the residential district - 228 acres. Some 107 acres are in the commercial district in comparison with a total existing use of 53 acres; 146 acres are zoned for industry in comparison with 68 acres being used for industry and railroads.

Defects of the Ordinance

In general, the Coralville regulations have the same defects as those of Iowa City. No area is set aside for the exclusive use of single-family homes - in spite of the almost completely single-family resi­ dential character of Coralville. Off-street parking requirements are not provided for the commercial or the industrial districts and this is a major defect in a community where a n open character of commercial a nd industrial development is taking place. Finally, i n the interests probably of brevity the Coralville ordinance creates certain difficulties in interpreta­ tion such as determining the lot area per family re­ quired for an apartment building in the "B" Residential District, for example. ." r • ~ a" -t R~ m R~ 11.'> w

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PROPOSED ZONING REGULATIONS

The proposed zoning regulations consist of the text of a new zoning ordinance for Iowa City (see Appendix A) and a proposed zoning ordinance for Johnson County. A proposed new zoning ordinance has also been prepared for Coralville. In general, the city and county ordinances are quite similar. This report analyzes only those zoning districts applicable to the urban development of the immediate Iowa City area. A separate report is concerned with the over-all zoning regulations for Johnson County. In order to permit a comprehensive analysis of the adequacy of the proposed zoning to be made, zoning districts are shown for both Coralville and Univer­ sity Heights. The Coralville zoning is the same as that proposed in the separate ordinance o University Heights could also adopt comprehensive zoning regu­ lations fitting into the over-all development of the urban area from the material available in this report. A map showing the boundaries of the zoning districts for the urban area accompanies this report.

In preparing the recommendations careful con­ sideration was given to the character and extent of existing development, to the estimates of future land use needs and to the recommendations of the future land use plan as shown in the comprehensive report. The proposed zoning plan would provide ample area for each land use and its future expansion. Enactment of the zoning plan by Iowa City, Coralville and Johnson County (and by University Heights) would be a major step in bringing about a land use plan in scale with the com­ munity's need, affording maximum protection to resi­ dential property and to the State University of Iowa and yet bringing about an efficient, economical and desirable arrangement of commerce and industry.

Proposed District Regulations

Insofar as the urban area is concerned the pro­ posed zoning regulations would provide for 13 differ­ ent zoning districts. The county ordinance would pro­ vide for three additional districts, some of which would be mostly found in the more rural areas. There would be a flood plain district, a university district , -26-

five residential districts, four commercial districts and two industrial districts. A brief discussion of the regulations of the various districts follows.

Flood Plain District. The flood plain district would apply to areas that are subject to frequent overflow. Uses in this district would be restricted to those that do not require a building and those buildings or structures whose use or value would not be impaired by being flooded. Residential, educa­ tional and institutional uses would be prohibited in the flood plain district.

University District. Since the State University of Iowa uses a very large portion of the community and has its own special building and student housing prob­ lems, a separate district would be provided for colleges and the University in general. This would provide both for the various buildings and activities of the University and for the student housing accommodations.

Single-Family Districts. Two districts would be provided for single-family home development c In these districts use of land would be restricted to single­ family dwellings and such uses as churches, public schools, parks and golf courses. These two districts would differ primarily in the lot area per family that would be required. In the "RIA" District the minimum lot area that is suggested would be 10,000 square feet with a minimum lot width of 80 feet. In the "RIB" District the minimum lot area would be 6000 square feet and the minimum lot width would be 60 feeto Height of buildings in both districts would be re­ stricted to 2-1/2 stories or 35 feet. In the "RIA" District the required front yard would be 30 feet; in the "RIB" this is reduced to 25 feet. In both dis­ tricts the rear yard depth would be 30 feet, the side yard in the "RIA" District would be 8 feet while this would be 5 feet in the "RIB" District.

Two-Family District. The regulations of the "R2" Two-Family District would be quite similar to those in the "RIB" Two-Family District except that in addition to single-family homes, two-family dwellings would also be allowed. Within the two-family district, lodging houses would be allowed in those instances where there were not more than five persons (notmem­ bers of the family) residing in a dwelling unit. In -27-

the "RIA" and "RIB" Districts, however, the number of lodgers would be limited to a maximum of two in each dwelling unit. In the "R2" District the minimum lot required would be 5000 square feet with a minimum lot width of 50 feet. Where two-family dwellings are pro­ vided a total lot area required would be 6000 square feet. The yard regulations of the "R2" District would be the same as the "RIB" District except that the rear yard would be reduced to 25 feet.

Multiple Dwelling Districts. For the very impor­ tant multiple dwelling development in the Iowa City area the regulations suggest establishment of two multiple dwelling districts. The first of these would be the "R3A" District. Within this district there could be multiple dwellings, lodging houses, fraterni­ ties and sororities, hospitals and institutions. In the "R3B" District there could also be apar t ment-hotels , clinics and office buildings. The districts would also differ in the density of population and lot area per family. In the "R3A" District the minimum lot area per family required would be 1000 squa r e feet for multiple dwellings. For the "R3B" District t:his would be reduced to 750 square feet per family. In both districts the minimum lot required would be 5000 square feet. In both districts also the front yard would be 20 feet, the side yards five feet and the rear yard 25 feet and the maximum building height would be three stories or 45 feet.

Commercial Districts. The first of four commer­ cial districts would be the "Cl" Local Commercial Dis­ trict. The regulations of this district would be iden­ tical to those of the ~ resent Shopping Center District . There would be the same use regulations, the same maxi­ mum height regulation of one stor~ and a 20-foot front and rear yard would be required. Approval of site plans by the Planning Commission would also be re- quired. Within the "C2" Commercial District there could also be garages, filling stations, all types of retail sales, repair shops, animal hospitals, theatres, used car lots and undertaking establishments. Within this district the maximum building height would be three stories or 45 feet. No yards would be required. -28-

A special district, the "CH" Highway Commercial District, would be included for uses such as motels, filling stations and restaurants that locate along major highways. In addition to the various uses per­ mitted in the "Cl" and "C2" District , the "CH" Distr;.... r~ '-l- would also allow creameries, bottling plants and truck terminals. Within this district a front yard would be required; however, there would be no side or rear yard requirement unless the property was adjacent to a resi­ dential district. The maximum building height would be 2-1/2 stories or 35 feet.

The last of the four commercial districts would be a special district applying just to the central business area. Any commercial or light industrial use would be allowed within this district. No front yards would be required. The maximum height limit would be eight stories or 100 feet.

Industrial Districts. Regulations o f the pro­ posed ordinance for industrial districts would estab­ lish performance standards and any establis hment that could meet the requirements of the performance stan­ dards would be permitted in the district. The indi­ vidual uses are not listed. The performance stan­ dards generally consist of the following:

1. Requirements relating to the emission of noise. Noise measurement standards are outlined with differing standards between the light and heavy industrial districts. 2. Emission of smoke would be regulated, the regulations being the same in both districts.

3. Emission of dust would be controlled in relation to the proposed amount of dust in compari­ son to the amount of flue gas. 4. Standards would be established to prohibit the emission of offensive odors and to prevent glare and heat from affecting adjacent property.

5. Chemical characteristics of sewage wastes in relation to industry would be controlled.

6. Open storage uses would be allowed in the light industrial district but only when very care­ fully screened. Requirements are less restrictive for the heavy industrial district. -29-

7. Finally, bulk storage of flammable liquids would be restricted to the "M2" District. Certain industrial uses could go only into the "M2" District and there only by special permit.

8. Residential uses would be prohibited in the heavy industrial districts.

The recommended performance standards for indus­ trial zoning will require a very high caliber of ad­ ministrative official. Customarily this would not be possible in a city the size of Iowa City. Only the availability of the laboratories and personnel of the State University of Iowa make it possible to in­ clude so advanced a proposal n

Location of the Districts General. In the location of the boundaries of the zoning districts in addition to the recommenda­ tions of the over-all future land use plan, careful attention was given to such other factors as the existing zoning ordinance, the proposed location of the interstate highway and the possible future de­ velopment of a bypass route for Highway 6. Fortun­ ately, the location of the interstate route and its interchanges have been generally established. These will create needs for commercial service areas and will somewhat change the relative merits of indus­ trial sites within the community. Specifically, within the urban area an industrial district in the northern part of Coralville and a fairly substantial commercial district along Highway 261 have been lo­ cated in anticipation of the effect of the interstate route. The proposed district map to a certain extent endeavors to locate in advance commercial centers to serve portions of the community expected to con­ tain future residential areas. All of these outly­ ing commercial areas cannot now be located because of insufficient information on location of highways and because of indeterminate future street and neighborhood planning~ In most communities, addi­ tions are made to outlying commercial uses from time to time; the zoning plan herein recommended anticipates that this would happen in Iowa City, also. -30-

Industrial Districts. The proposed zoning plan provides areas for heavy industry in two locations. A s i zable area would be allocated along the Rock I sland Railroad in the general vicinity of the municipal air­ port. Along the east bank of the river, this would extend as far north as Harrison Street~ A number of heavy industrial uses are found within this area at the present time. The second location would be in the northern part of Coralville which now contains some heavy industrial uses, particularly a sizable tank farm. Light industrial districts would be established in three major locations o The first would be a small area between the railroad and Highway 6 in Coralville. The second is an irregular area to the south of the Rock Island Railroad and generally bounded on the east by Maiden Lane. This district would extend northward along Maiden Lane to Gilbert and include portions of Van Buren Street as far north as College Street. The third is the major industrial area located to the southeast between Highway 6 and the Rock Island Rail­ road and extending out a considerable distance into the country. This is the location of the major por­ tion of recent industrial expansion. With the rail­ road on one side and the new highway on the other it is a highly desirable site for community industrial expansion. Commercial Districts. The central business dis­ trict would be a relatively small area including pri­ marily the frontage on Iowa, Washington and College between Capitol and Gilbert. Adjacent to it, however, would be frontage along Burlington and Washington p laced in the "C2" Commercial District. The "C2" Commercial District is found adjacent to the business district and adjacent to the light industrial district along Des Moines Street, as well as along Market and Bloomington in the vicinity of Linn, at the intersection of Church and Dodge Streets and at Prairie du Chien Road and Dodge Street. Fairly extensive areas would be placed in the highway commercial district. The largest district of this type, of course, is the frontage along High­ way 6 in the Coralville area. The next largest is a very considerable area in the vicinity of the inter­ section of Riverside Drive and Highway 6 and Highway In Other districts are located along Highway 6 east of the river and to the south of the airport. -31-

The "Cl" Local Commercial District is found in several area s s erving the residential neighborhood. Such areas are shown along Highway 1 and Muscatine Avenue in the eastern portion of the city. A siz­ able area would be allocated to this district in the southeastern part of the city near the inter­ section of Lower Muscatine Avenue and Highway 6 where this district would form a buffer between the industrial area and the residential area. Lo­ cation of "Cl" Districts to serve the anticipated large population growth to the southwest cannot all be located at the present time; however, one district is shown along Highway 1 and another district of about 20 acres should be located along the new bypass route for Highway 6 when the location of this route has bee n definitely determined. Multiple Dwelling Districts. Two principles guided the location of multiple dwelling di s tricts~ The first is present land use and the second the necessity for locating these districts as conveniently as possible with the campus of the State University of Iowa. In studying the location of the boundar ies of the multiple dwelling districts, considerable a tten­ tion was given to the present boundaries of the "B" Residential District and changes made only when exist­ ing use or the future land use plan so dictated.

A basic recommendation of the new zoning plan is that the multiple dwelling districts be extended. In the central part of the city the eastern limits would be as far as Dodge Street to the north and go beyond Summit Street in certain locations. To the west of the river a major part of the area between Benton Street and Melrose would be placed in the multiple dwelling district. While much of the exist­ ing use in this area is for single-family residences, it is excellently located to provide multiple dwell­ ing uses convenient to the campus. It also contains a few multiple dwelling uses including one extensive apartment project located in the municipality of University Heights. The "R3B" District in which apartment-hotels, clinics and office buildings would also be allowed would be found in two locations, both on the east side of the river. Close-in residential area to the north and the neighborhood surrounding the court­ house would both be placed in this zoning category. Table 7

AREAS PROVIDED UNDER PROPOSED ZONING PLAN FOR URBAN AREA

Iowa City, Iowa

Acres Acres Estimated Proposed Proposed Used Acres Zoning Zoning Use 1959 1985 District* District

Single-family 1,371 2,800 2,195 RIA Residence 2 z445 RIB 4,640**

Two-family 60 175 376 R2 Residence

Multi-family 102 315 404 R3A Residence 57 R3B 461

Commerce 166 350 82 Cl 33 C2 287 CH 20 CB 422

Light Industry 98 245 590 Ml Heavy Industry 302 630 476 M2 Railroads 172 175 Total Industry 572 1,050 1,066 and Railroads

*Exclusive of major public and semi-public uses such as S.U.I., cemeteries, etc.

**Within the urban area, proposed county zoning regulations would place 16,456 acres within the "Suburban Residential" District (1/2 acre lots). -32-

Two-Family Districts. To the east of the river two-family districts form a band of varying width surrounding the multiple dwelling zones. They in­ clude virtually all of the areas of concentration of two-family use. The only area placed in this category to the west of the river would be a por­ tion of the municipality of University Heights.

Single-Family Districts. The remainder of the urban area generally is placed in a single-family residential district with the exception of certain areas that are placed in the flood plain zone. The regulations and locations of the single-family dis­ tricts are based very largely on the studies of future population and density contained in the pre­ vious report. Wherever possible property was placed in the single-family district requiring the larger lot area.

Flood Plain District. The boundaries of the flood plain district cannot be determined conclusively at the present time. They are indicated somewhat diagrammatically upon the proposed zoning plan. The Iowa Resources Council is currently preparing a study that will lead to the determination of the locations of these boundary lines.

Area of the Zoning Districts

Under the proposed zoning regulations certain uses could locate almost anywhere in the community. These would include public uses and most of the semi­ public uses such as the churches and schools. Single­ family homes would be allowed within all districts with the exception of the heavy industrial districts~ In most single-family residential neighborhoods, about half of the land is devoted to residential use while the remainder consists of streets, schools, small parcels of vacant land, etc. Thus, the area of the single-family district should be about twice the estimated future requirement for single-family lands. For the other types of land use, however, the district areas should be one and a half to two times the estimated future land use need.

Within the urban area in 1959, 1,371 acres of land were used for single-family purposes. By 1985 this is estimated to increase to 2800. (See Table 7.) -33-

Consequently, a minimum of 5600 acres should be allo­ cated to the single-family residential districts. The "RIA" and "RIB" Districts have areas (exclusive of public and semi-public uses) of 4,640 acres; however, this does not include acreage that would be placed in the proposed "suburban residential" district under the JOhnson County zoning regulations. The suburban residential district (which would require a half acre minimum lot) is expected to occupy in excess of 16, 000 acres; consequently, more than enough land would be available for single-family residential purposes. Single-family residential area is divided almost equally between the two districts - the "RIA" District which would have a minimum lot size of 10,000 square feet and occupy about 2200 acres, and the "RIB" Dis­ trict which would have a minimum lot size of 6000 square feet and occupy approximately 2450 acres.

Two-family residential uses are expecte d to occupy 175 acres by 1985 - a considerable increase over the 60 acres presently occupied. Under t he proposed zoning plan 376 acres would be placed in the proposed two-family residential district - only a little more than twice the anticipated future area required. Area needed for multi-family residential uses including fraternities, sororities and lodging houses is anticipated to increase from 101 to 315 acres. The zoning plan would allocate 461 acres for these uses, fairly well in scale with estimated future needs .

In connection with the areas allocated to two­ family and multiple dwe : ling uses under the proposed zoning ordinance, attention should be called to Section 2.4 of the ordinance which makes special provisions for large-scale residential development. Under this section the owners of a tract of 10 acres or more may develop their property for any type of residential use provided that the plan be approved by the Planning Commission and provided that the over-all plan not exceed the density regulations of the zoning district in which the property is located. Through use of the provisions of this section, duplex and multiple dwelling areas may be located at appro­ priate places in outlying subdivisions and used, for example, as buffers adjacent to commercial centers. Table 8

AREAS OF PROPOSED ZONING DISTRICTS

IOWA CITY, IOWA, URBAN AREA Acres Zoned* Zoning Iowa University District City Coralville Heights Townships** Total

A3 81 11 496 588 RIA 625 1,570 2,195 RIB 599 157 16 1,673 2,445 R2 283 22 71 376 R3A 346 46 12 404 R3B 42 42 Cl 22 60 82 C2 29 4 33 CH 109 131 47 287 CB 20 20 Ml 287 33 270 590 M2 119 123 234 476 2,562 481 133 4,362 7,538

*Does not include major public and semi-public uses such as S.U.I. Campus, cemeteries, parks, etc.

**Remainder of townships would be placed in other zoning districts under proposed Johnson County regulations. -34-

This can be done successfully where the plan has been well thought out. This adds an additional element of flexibility to the zoning plan.

Commercial uses are anticipated to occupy 350 acres in the future. The zoning plan allocates only

422 acres among the four proposed commercial districts o However, as previously mentioned it can be anticipated that amendment to the ordinance in the future will re­ sult in additions to the total acreage of commercially zoned property.

A somewhat similar situation is found in connec­ tion with industry. The proposed zoning plan provides a total of 1,066 acres of industrial zoning in rela­ tion to an estimated future need of 1,050 acres for all industrial and railroad uses. The zoning plan would place 590 acres in the light industrial dis­ trict in relation to a future light industrial need of 245 acres and place 476 acres in the heavy indus­ trial district in relation to an estimated future need of 630 acres. However, it is believed that in the future in Iowa City the emphasis should be on light industrial rather than heavy industrial use and one purpose of the zoning plan is to direct a greater portion of industrial activity into the light industrial category. Allocation of the proposed zoning districts among the variouS political subdivisions are shown on Table 8 . Among other things, this table indi­ cates the sizable portion of the future residential , commercial and industrial development that would take place beyond the present corporate limits of Iowa City.

Nonconforming Uses Under the proposed zoning ordinance all noncon­ forming uses would remain. In general, they could not be structurally altered, replaced or enlarged; exceptions to this rule would be light and heavy industrial usesin commercial areas and nonconform­ ing heavy industrial uses in light industrial dis­ tricts. In both these cases the enlargement would be limited to 50 percent of the floor space exist­ ing at the time of the passage of the ordinance. Table 9 NONCONFORMING USES UNDER PROPOSED ZONING REGULATIONS FOR URBAN AREA

Number of Number Percent Use Uses Nonconforming Conforming Single-family 5,620 24* 99.6 Residence Two-family 393 36 91.5 Residence Multiple Dwellings 441 22 95.0 Commerce - 276 24 91.3 Light Industry 173 42 75.7 Heavy Industry 28 14 50 0 0 6,931 162 97.6

*In Heavy Industrial District. -35-

A total of 162 nonconforming uses would be created by the zoning plan. (See Table 9.> A ma jor portion of these - 56 - consist of light and heavy industrial uses, a number of which would be protected by the 50 percent enlargeme nt clause discussed above. The extensive additions to the multiple dwell­ ing districts materially reduced the number of non­ conforming multiple dwelling uses. There are only a relatively few nonconforming two-family uses. Most of the nonconforming commercial uses represent small , isolated enterprises that could not possibly be placed in an appropriate commercial zone. Many of these are nonconforming under the present zoning regulations also. Other Features of the Proposed Ordinance

Off-Street Parking. The proposed zoning ordi­ nance contains comprehensive regulations f or provi­ sion of off-street parking. For all dw e llings, one space would be provided on the lot for each living unit in the building. Parking space provided in re­ lation to floor area would be required for fraterni­ ties, sororities and lodging houses. Churches built on new sites would be required to provide off-street parking; however, this would not apply to existing churches or additions to or enlargements of existing churches. Within the commercial districts the amount of parking space occupied would vary between the dif­ ferent districts. In the local commercial and the highway commercial districts, one parking space would be required for each 100 square feet of floor area. A similar requirement would be placed on clinics and office buildings locating in the "R3B" District. One off-street parking space would be required for each 300 square feet of floor area in the "C2" Dis­ trict. Site plans for off-street parking spaces in the "R3B" and local commercial districts require approval of the Planning Commission.

Within the central business district, off-street parking would be required only for those uses that build a building that provides a floor space in ex­ cess of three times the lot area. In other words, a three-story building could be built covering the -36-

lot and no parking would be requi red. However, for any building any larger than this, one parking space would be required for each 1000 square feet of floor space that is in excess of three times the lot area.

Commercial uses locating in the industrial dis­ tricts would be required to provide one off-street parking space for each 300 square feet of floor area o Industrial uses would be required to provide one space for each two employees. Actually, it is notable that existing industry in certain cases is providing more parking space than this ratio.

The off-street parking requirements represent a minimum average need for a commercial district. Many commercial uses would provide a greater amount of parking space because buildings are frequently con­ verted from one commercial use to another . It is not believed practical to endeavor to incl ude de­ tailed requirements in relation to specific types of commercial use. Exceptions to Height Regulations. The ordinance would provide the typical regulations that a l low height limits to be exceeded by public buildings - churches, institutions, radio towers, etc. It also provides that height limits shall be lower in the approach zones to runways at the municipal airport.

Adjustment to Existing Conditions. The proposed ordinance has been drafted to be reasonable in rela­ tion to existing conditions. Blocks that are more than two-fifths built up would have the front yard established by existing buildings. Lots separately owned and of less area than required by density regulations could be built upon. In certain cases, yard dimensions would be adjusted to lot dimensions. The purpose here has been to make reasonable appli­ cation of the regulations to existing conditions in order to bring about a sensible and desirable develop­ ment and minimize the number of cases going before the Board of Adjustment. Special Uses. The proposed ordinance would broaden the present ordinance in setting up a list of special uses that could be located after receiv­ ing approval of the Planning Commission and City Council. These would include private schools, -37-

institutions, hospitals, cemeteries, trailer camps , motels and hotels, private recreational activities clubs and semi-public buildings, etc. Specific co~­ ditions and standards are outlined for most of these to be used as a guide for the Planning Commission and City Council.

Accessory Uses. Accessory uses cause difficult problems in zoning. Under the proposed zoning ordi­ nance "home occupations" would be permitted in all residential areas. However, these would be limited to activities carried on by resident members of the family; no sign would be permitted except for a one square foot nameplate; only products made on the premises could be sold; no one could be employed from outside the resident family and only that mechanical equipment customarily used in a s i ngle-family dwell­ ing could be used in the occupation. These are some­ what more detailed requirements than found in the present regulations.

The ordinance recommends stringent r egulation of advertising signs. Uncontrolled use o f advertis­ ing unquestionably does more to create shoddy a nd ugly civic appearance than any single factor. Under the ordinance only temporary signs and institutional signs would be allowed in any residential district. In the CI and CH Districts the total area of signs in square feet would be limited to the number of lineal feet of street frontage; in the C2 and MI Districts there could be two square feet of signs for each lineal foot of frontage. All signs would be required to be attached to a building in CI, C2 and CH Districts (with certain exceptions). There would be no sign regulations in the business district or in the heavy industrial district. The ordinance would further provide that all nonconforming adver­ t i sing signs in the residential districts be removed within two years after the effective date of the ordinance. * Under the part of the ordinance relating to ac­ cessory uses, provisions for location of garages and fences are found also.

*The ordinance would also require that nonconforming uses of land where no building is involved be discon­ tinued within two years and that all junk yards be fenced within a similar period. -38-

Board of Adjustment

The Iowa Municipal Zoning Law provides for the appointment of a Board of Adjustment and authorizes such a board to hear and decide appeals from decisions of the building inspector in certain cases. The law states in detail the method of appointing the board, the procedure to be followed by the board, etc.

The necessity for a Board of Adjustment arises from the fact that it is impossible to draw zoning regulations which meet every conceivable situation which might exist in the multiplicity of lots and parcels of land found in Iowa City. In a few iso­ lated cases the strict enforcement of a zoning ordi­ nance may result in a completely unnecessary hard­ ship to a property owner. Where such a situation can be clearly demonstrated the Board of Adjustment can vary the requirements of the ordinance in order that the particular situation may be met.

Under the ordinance the Board of Adjus tment would have power to: (a) Interpret the ordinance generally in those instances where there is a dif­ ference of opinion between the building inspector and a property owner over what the ordinance means;

(b) Permit two exceptions, one being the use of premises for public utility and railroad purposes, and the other being reconstruction of nonconforming buildings in certain instances;

(c) To permit variations in yard or park­ ing regulations where a more reason­ able development of a lot could come about through such a variation.

These powers are more closely defined and more limited than those provided in the present ordinance.

Summary The proposed ordinance has been drafted to be reasonable in relation to existing conditions in Iowa City, to be brief and to be easily understood. -39-

The actual results of zoning come through its admin­ istration and its enforcement. It has been the pur­ pose to draft sensible regulations, practical in ap­ plication and susceptible to clear interpretation and direct enforcement~

The ordinance would not in any sense be a "straightjacket". First of all, each zoning district provides ample area for the anticipated growth of that particular land use over a period of 25 years. At least in theory it would be possible to enact and enforce the proposed zoning ordinance and not make a major change for this period of time. In practice, however, it is not possible to so accurately foresee future development. Good reasons will be advanced and there will be full justification for making changes and modifications in the regulations from time to time. In common with other laws a zoning law may be changed; it may be amended or e ve n re­ pealed. By carefully watching trends of d e v e lop­ ment, it can be kept up-to-date and appropriate and beneficial changes made.

Practices relating to zoning changes vary in different cities. In Iowa City, changes in the zoning ordinance have been held to a minimum and have been made only where there is conclusive proof that the changes are necessary and in the public in­ terest. In other communities, zoning ordinances are sometimes used for political purposes and an individual with the right connections often can secure changes in the district map that solely benefit him or his associates. Frequent and ill-advised amendments of this kind soon destroy public confidence in the zon­ ing law. When public confidence is lost a major benefit of zoning is lost also. Iowa City should continue its past practice of making very few zoning changes. Each text or map amendment should be considered on the basis of whether or not it will improve the comprehensive zoning plan of the entire community. While the local or immediate effect of a zoning change is a factor to be considered it is secondary to the community's over-all development. The same principles that guide the drafting of the compre­ hensive zoning plan in the first instance should also guide any amendments to the plan. -40-

The purpose of zoning is to protect property values and to direct the development of the city in accordance with a comprehensive plan. If the ordinance is strictly adhered to, a pattern of land use beneficial to all citizens will be gradu­ ally developed over a period of years. With enforcement that is thorough, fair and equitable, individual hardship will be virtually unknown. The regulations have been drafted to be reasonable in respect to existing conditions and to provide fully for future needs - each and every citizen and the community as a whole will benefit from their enactment and strict enforcement. APPENDIX A

AMENDED ZONING ORDINANCE A-I

AMENDED ZONING ORDINANCE Iowa City, Iowa

Note - This ordinance is presented for the purpose of illustrating the details of the proposed land use plan for Iowa City. Any final amendments to the zoning ordinance would be written by the City Attorney.

AN ORDINANCE:

1. To classify, regulate, and limit the height, area, bulk, and use of buildings;

2. To regulate and determine the area of front, side, and rear yards, and other open spaces around buildings;

3. To regulate and determine the use and intensity of use of land and lot areas;

4. To classify, regulate and restrict the location of trades, callings, industries, commercial enterprises and the location of buildings designed for specified uses;

5. To divide the entire municipality into districts of such number, shape, area, and of such different classes as are deemed best suited to carry out these purposes;

6. To fix standards to which buildings or structures therein shall conform;

7. To prohibit uses, buildings, or structures in­ compatible with the character of such districts;

8. To prevent additions to and alteration or remodel­ ing of existing buildings or structures in such a way as to avoid the restrictions and limitations herein lawfully imposed;

9. To provide for a Board of Adjustment and prescribe its powers and duties; To provide for the enforcement and amendment of 10. this ordinance; A-2

11. To provide penalties for the violation of this ordinance, and 12. To amend Chapter 51 of the 1936 Municipal Code by repealing all ordinances amendatory thereto and revising said Chapter 51 to read as follows:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:

PART ONE: THE CITY IS DIVIDED INTO DISTRICTS Section 1.1 General Terms are Defined 1.101 Words used in the present tense include the future. The singular number includes the plural and plural the singular. "Building" includes "structure". "Will" and "shall" are mandatory. 1.102 Board means the Board of Adjustment established in Part Eight. 1.103 Build means to construct, assemble, erect, convert, enlarge, reconstruct or structurally alter a building or structure. 1.104 Building means any structure built for use by persons or animals or for storage of inanimate objects. Structure means anything built that requires a permanent location. Temporary building or structure is one that is removed within one year. Mobile building or structure is one designed to be hauled along a highway.

1.105 City means City of Iowa City, Iowa. City Manager means the chief city administrator. Building Inspector is the official designated by the City Manager to enforce this ordinance.

1.106 Commission means City Planning and Zoning Commission of Iowa City.

1.107 Council means City Council of Iowa City. 1.108 Lot means a parcel of land adequate for occupancy by a use herein permitted, providing the yards, area , and off-street parking herein required and fronting directly upon a streeto A-3

1.109 Premises means land together with any buildings or structures occupying it.

1.110 Street means property dedicated for and accepted by the city for primary public access to lots Alley means land devoted to secondary access to lots.

1.111 Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. Enlargement means increasing the cubical contents of a building. Remodel or repair means any change in a building that is­ not a structural alteration or enlargement. 1.112 District means a part of the city wherein regu­ lations of this ordinance are uniform. Section 1.2 The Districts are Established 1.201 The city is divided into five types of districts: A District - Flood Plain U District - University R District - Residential C District - Commercial M District - Industrial

1.202 The five types of districts are further divided into the following specific districts: A3 - Flood Plain District Ul - University District RIA - Single-Family District RIB - Single-Family District R2 - Two-Family District R3A - Multi-Family District R3B - Multi-Family District Cl - Local Commercial District C2 - Commercial District CH - Highway Commercial District CB - Central Business District Ml - Light Industrial District M2 - Heavy Industrial District

1.203 The boundaries of the districts are as shown on the "District Map", properly certified and attested by the City Clerk, attached to and made a part o ~ this ordinance. A-4

1.204 Whenever Council vacates a street or alley adjacent districts shall extend to the centerline of the vacation.

1.205 Land annexed to the city is automatically in the RIA District until changed by ordinance. Section 1.3 Effect of the Ordinance

1.301 Use of premises and all buildings in the city shall be in accordance with the minimum standards hereinafter established. 1.302 Every building shall be on a lot. Except as provided in Section 4.306 and 4.308 and Part Seven, there cannot be more than one building on one lot. 1.303 Yards, parking space, or lot area required for one main building cannot be used for another main building; nor can the size of a lot be reduced below the requirements of this ordinance. 1.304 All uses in the city shall conform to the requirements of Section 2.209.

PART TWO: USE OF PREMISES IN THE CITY IS REGULATED

Section 2.1 Terms Pertaining to~Use" are Defined

2.101 Family means one person or two or more persons related by blood, marriage, or adoption occupying a living unit as an individual housekeeping or­ ganization. A family may include two, but not more than two, persons not related by blood, marriage or adoption. 2.102 Living unit means the room or rooms occupied by a family. The living unit must include a kitchen. 2.103 Dwelling means a building used entirely for resi­ dential purposes. A single-family dwelling is a building that contains only one living unit; a two-family dwelling is a building that contains only two separate living units, and a multiple dwelling is a building that contains more than two separate living units. A-5

2.104 Fraternity or Sorority House. A building used for residence purposes· by a club , fraternity , soror ity or soc1ety of students or faculty of the State University of Iowa, recognized and approved by the President of the University. 2.105 Lodging house means a dwelling consisting of not more than one living unit occupied by not more than 20 persons not related by blood marriage, or adoption. This term include~ rooming house, boarding house, tourist home and nursing home. ' 2.106 Hotel is a dwelling not conSisting of living units and occupied by more than 20 persons. Apartment hotel is a multiple dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as drug store, barber shop, cosmetologist's shop, cigar stand or newsstand, when such uses are located entirely within the building with no entrance from the street nor visible from any sidewalk, and having no sign or display visible from the outside of the building indi­ cating the existence of such use.

2.107 Motel is an inn or group of cabins or rooms designed for occupancy by paying guests.

2.108 Office building is a building designed for or used as the offices of professional, commercial, industrial, religious, institutional, public or semi-public persons or organizations, provided no goodS, wares or merchandise shall be prepared or sold on the premises except that a portion of an office building may be occupied and used as a drug store, barber shop, cosmetologist's shop, cigar stand or newsstand, when such uses are located entirely within the building with no entrance from the street nor visible from any sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use.

2.109 Institution is a non-profit establishment for public use.

2.110 Trailer, a vehicle equipped for use as n dwelling and designed to be hauled along a highway whether or not it is placed on permanent foundations. A-6

2.111 Clinic is an establishment occupied by one or more members of a healing profession. Section 2.2 Premises in the City Shall be Used for the following purposes: 2.201 In the A3 District there may be: Farms, truck gardens and nurseries. Parks, playgrounds, golf courses and private recreational uses. Preserves or reservations. 2.202 In the Ul District only for: Colleges and universities, including housing accommodations for students 'enrolled therein. 2.203 In the RIA and RIB Districts only for: Single-family dwellings. Public parks, public libraries, public elementary and high schools and public community buildings~ Private schools with a curriculum similar to public elementary and high schools. Churches. Golf courses - but not miniature courses or driv- ing tees. 2.204 In the R2 District there may also be: Two-family dwellings. Occupancy of a dwelling unit by not to exceed five persons not members of the family re­ siding in said dwelling unit when such occupancy has received approval of the State University of Iowa. 2.205 In the R3A District there may also be: Multiple dwellings. Fraternities and sororities. Lodging houses. Hospitals and institutions. 2.206 In the R3B District there may also be: Apartment hotels. CliniCS. Office buildings. A-7

20207 In the Cl District there may also be: Bakery goods shop. Bank. Barber shop or beauty parlor. Book or stationery store. Confectionery store. Custom dressmaking or millinery store. Drug store. Dry goods or notions store. Florist or gift shop. Grocery, fruit or vegetable store. Hardware or electric appliance store. Jewelry store. Meat market or delicatessen store. Photographer. Shoe store. Store for collection and distribution of laundry, and dry cleaning articles, but not for the treatment, cleaning or processing of such articles. Custom tailor shop, clothing or wearing apparel shop. Other uses similar to the above, but not in­ cluding a restaurant, tea room, or cafe or similar establishment where food is prepared for the serving of meals to customers, and subject to the approval of the Council after receiving a report of the Commission. 2.208 In the C2 District there may also be: Restaurants, tea rooms, cafes, taverns and similar establishments. Sale of any goods and products at retail, including filling stations. Shops for repair and servicing of bicycles, electrical, radio and television appli­ ances, keys and similar articles where not more than five persons are employed on a premises at anyone time. Dressmaking, millinery, tailoring, shoe repair and similar trade where not more than five persons are employed on the premises at anyone time and laundry and dry cleaning establishments where not to exceed ten persons are employed on. the premises at anyone time. Animal hospitals and animal clinics where there are no open kennels. A-8

Commercial schools. Undertaking establishments, Garages. Theatres. Print, furnace, heating, typewriter, sheet metal, plumbing and tire shops employing not more than five persons. Used car lots.

2.209 In the CH District there may also be:

Shops for repair and servicing of bicycles, typewriters, electrical equipment and appliances, keys, and similar articles. Dressmaking, millinery, tailoring, shoe repair, laundry and dry cleaning estab­ lishmentso Furnace, heating, air conditioning, type­ writer, sheet metal, plumbing and tire shops. Creameries and bottling plants. Truck terminals. 2.210 In the CB, Ml and M2 Districts there may be any use provided that the following performance standards be observed:

(a) Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and, as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band in Cycles Per Second CB and Ml Districts M2 District o - 150 65 Decibels 75 Decibels 150 - 300 57 " 67 " 300 - 600 50 " 60 " 600 - 1200 45 " 55 " 1200 - 2400 40 " 50 " 2400 - 4800 34 " 43 " Above 4800 32 " 40 " Such sound levels shall be measured with a sound level meter and an octave band analyzer conforming with specifications of the American Standards Association. A-9

(b) Smoke. The emission of smoke by any use permitted in any CB, Ml or M2 District shall be controlled so as to be less dark in shade than that designated as No. 2 on the Ringelmann Chart, published and used by the United States Bureau of Mines; pro­ vided, however, that smoke of a density equal to that designated as No. 2 on the Ringelmann Chart may be permitted for not more than eight minutes during any thirty­ minute period and smoke of a density not exceeding that designated as No o 3 on the Ringelmann Chart may be permitted for not more than three minutes during any thirty­ minute period while starting or cleaning a fire.

(c) Dust and Other Particulate Matter. In any CB, Ml or M2 District, the emission of dust, fly ash and other particulate matter shall not exceed 0.85 pounds per 1000 pounds of flue gas, measured at a convenient pOint in the stack and under conditions not ex­ ceeding 50 percent of excess air. The amount of solids in such gases shall be determined according to the test code for dust-separating apparatus of the American Society of Mechanical Engineers, revised and amended to date.

(d) Odor. The emission of odorous matter in SUCh quantity as to be offensive at a point along any lot lines shall not be permitted in the CB or Ml Districts. In determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5 of the "Air Pollution Abatement Manual" (copyright 1951 by Manufacturing Chemist's Association, Inc., Washington, D. C.) shall be used as a guide. (e) Glare and Heat. Any operation producing intense heat and glare shall be conducted within an enclosed building or with other effective screening in such a manner as to be completely imperceptible from any pOint along the lot lines in the CB or Ml Districts or from any point along the district boundary lines in the M2 District. A-10

(f) Sewage Wastes. The following standards shall apply to sewage wastes at the pOint of discharge ~nto the public sewer: (1) Acidity or alkalinity shall be neutra­ lized within an average pH range from 5-1/2 to 7-1/2 as a daily average on the volumetric basis, with a temporary

variation of pH 4.50 to 10 0 0. (2) Wastes shall contain no cyanides; no cholorinated solyents in excess of .1 pop.m.; no Fluorides in excess of 10 p.p.m.; no Hydrogen Sulphide in excess of 5 p.p.m.; no Sulphur Dioxide or Ni­ trates in excess of 10 p.p.m.; no Chromates in excess of 25 p.pom.; no Chlorine demand greater than 15 p.pom.; no Phenols in excess of .05 p.p.m.; no grease or oil or any oily substance in excess of 100 p.p.m.; nor shall such wastes contain any insoluble substance in excess of 10,000 p.p.m. or exceed­ ing a daily average of 500 p.p.m. or failing to pass a No. 8 Standard Sieve or having a dimension greater than 1/2 inch. (g) Storage.

(1) The open storage of materials other than junk, waste products, salvage or wrecked automobiles may be permitted in the CB and Ml Districts when locaten at least 100 feet from any R District, and at least 30 feet from any street right-of-way line and not less than 20 feet from any other lot line except that the storage of livestock feed, coal and similar materials shall not be closer than 300 feet to any R Dis­ trict and shall be handled so as to effectively control dust. All com­ bustible material shall be stored in such a way, including, where necessary, access drives, as to permit free access of fire-fighting equipment. A-II

(2) Auto wrecking, junk yards and similar salvage storage shall be permitted only in the M2 District and when enclosed within a tight, solid fence not less than six feet in height or surrounded with a greenbelt planting strip not less than 20 feet in width and eight feet in height. All such storage shall be located not less than 30 feet from any street line and not less than 20 feet from any other lot line. The storage of rags, paper and similar com­ bustible wastes shall not be closer than 100 feet to any property lines unless enclosed in a masonry building of not less than four-hour fire resis­ tive construction. (3) The bulk storage of oils, petroleum and similar flammable liquids and chemicals shall be permitted only in the M2 District and when stored under­ ground in tanks located no closer to any property line than the greatest depth to the bottom of such tanks or above ground in tanks located at least 150 feet from any property line. (4) Storage of explosives is prohibited.

(h) Special Uses. The following uses may be allowed only in the M2 District and must be given separate Council approval before a building or occupancy permit is issued: Acid manufacture. Cement, lime, gypsum, or plaster of Paris manufacture. Distillation of bones. Explosives manufacture. Fat rendering. Fertilizer manufacture. Garbage, offal, or dead animals, reduction or dumping. Gas manufacture. Glue manufacture. Petroleum, or its products, refining of. Smelting of tin, copper, zinc, iron and other metallic ores. Storage of radioactive material. Stockyards or slaughter of animals. A-12-

B~fore granting such separate approval, Council shall refer applications to the Chief of the Fire Department and the Com­ mission for study, investigation and report. If no report is received in 45 days Council

may assume approval of the application n (i) Residential Uses. Residential uses and trailers are not permitted in the M2 Dis­ trict; however, existing residences in place may be repaired, structurally al­ tered, and enlarged where such enlarge­ ment is made within ten years after passage of this ordinance and does not constitute more than a ten percent increase in the cubical contents of the building existing at the time of the passage of this ordinance.

Section 2.3 Certain Uses may be Located by Special Permit

2.301 Uses listed in 2.302 may locate only in certain zones under certain conditions and structures may be built higher than otherwise allowed in Part Three by a special permit granted by Council after report by the Commission. Com­ mission shall have 45 days to submit report upon effect of proposed use upon neighborhood character, traffic, public utilities, public health, public safety, and general welfare. If no report is made in 45 days it may be assumed that the Commission approved the appli­ cation. After receipt of Commission report Council shall hold a public hearing before granting a special permit.

2.302 Uses for which special permits may be secured, conditions that must be observed, and districts in which use will be allowed are:

Use Specific Conditions Districts Nursery, pre-kinder­ At least 100 square Any ex­ garten, kindergarten, feet of open play cept RIA play, special and space must be pro­ or RIB other private schools. vided for each child enrolled. A-13

Use Specific Conditions Districts Hospitals and edu­ Buildings may occupy not Any cational, religious over 40 percent of lot and and philanthropic must be set back an addi- institutions. tional one foot over usual yard requirements for each one foot building exceeds usual height limits. Ade- quate off-street parking must be provided. Any hos­ pital existing at the time of passage of this ordinance shall be exempted from these conditions and from any other height, yard and off-street parking requirements other- wise applicable in the dis­ tricts in which such exist- ing hospital is located.

Cemetery At least 20 acres in area; R only. provided, however, that this area limitation shall not apply to enlargement of existing cemeteries.

Airport and land­ Must have prior approval Any ing field. of Civil Aeronautics Administration.

Greenhouses and No greenhouse shall be Any nurseries. closer than 25 feet to a lot that is residen­ tially zoned.

Trailer camps. All inhabited trailers C2,CH,CB in the city shall be lo­ and M onlly cated in a trailer camp. Trailer camps shall pro­ vide 3000 square feet of land area for each trailer. At least 20 feet shall be maintained between trailers. Plans for the trailer camp must be approved by City Manager who shall establish standard sanitary require­ ments. Permits shall be valid only so long as in­ stallations receive the City Manager's approval as complying with the above and other applicable state and municipal regulations. A-l4

Use Specific Conditions Districts Motels and hotels. Motels and hotels shall C2,CH and provide at least 2000 CB square feet of lot area for each unit. There must be at least 20 feet between buildings, but for purposes of this requirement a series of attached units comprising a continuous structure shall be considered as one build­ ing. Each unit shall con­ tain at least 200 square feet of floor area and pro­ vide heating, lavatory, toilet, and tub or shower with hot and. cold water. Plans and installations shall be subject to approval of City Manager and permits shall be valid only so long as the installations receive City Manager's approval as complying with these and other applicable state and municipal regulations. CB only Motels and hotels. None. Must be approved by State C2,CH,CB Outdoor theatres. Highway Department when and M only on or near a state highway.

None. C2,CH,CB Private recrea­ and M only tional activities. Bond must be filed with M only Extraction of sand, City Manager with terms gravel and other and amount adequate in raw materials Manager's opinion to in­ sure such restoration of property after extraction as will protect value of adjacent property and the public safety. No parking allowed in a R2 and R3 Parking lots. required front yard. Districts but only those parts within 300 feet of a C or M District A-IS

Specific Conditions Districts Clubs and semi­ Regulations governing R2 and R3 public buildings. R2 and R3 Districts apply. No parking allowed in a required front yard. Parking areas in accord with Section 6.206 of this ordinance.

Bulk storage of Requires report of Fire M2 only petroleum products. Chief that proposed in­ stallation meets appli­ cable requirements of laws and regulations relating to flammable liquids.

Section 2.4 Special Provisions are made for Large-Scale Residential Development 2.401 The intent of this section is to permit flexi­ bility of design and arrangement of residential developments where large land areas are involved. 2.402 Owner or owners of ten acres or more of land may submit to Council a plan to use this land for any type of residential development. 2.403 Council shall submit such a plan to the Com­ mission which shall have 30 days in which to investigate plan. If Commission does not report in 30 days Council may assume that Commission approves the plan.

2.404 If Commission reports to Council that: 1. The plan is in the best interests of the city; 2. Adjacent property values will not be adversely affected; 3. It is consistent with public interest and purposes of this ordinance; 4. Buildings are to be used only for resi­ dential purposes; and 5. That the lot area per family requirements otherwise prevailing have not been exceeded. A-16

2.405 Then Council may, after public hearing, approve the plan and building and occupancy permits may be issued to carry out the approved plan even though it may not conform to all other regula­ tions of this ordinance. Section 2.5 Nonconforming Uses are Regulated 2.501 Nonconforming uses are those lawful uses of premises that do not conform with the require­ ments of this part of the ordinance on the effective date of the ordinance or any amend­ ment thereto. 2.502 It is the intent of this ordinance that all nonconforming uses shall be eventually eliminated o 2.503 Nonconforming uses may be continued and if there are no structural alterations such a use may be changed to a use of the same or of a higher . classification. If it is changed to a use in a higher classification or to a conforming use it cannot be changed back to the original non­ conforming use. For the purposes of this paragraph the "same classification" means uses permitted in the same district; a "higher classi­ fication" means uses permitted in a district which has a higher position as listed in Section 1.202.

2.504 If a nonconforming use is stopped for two years or more, it then must conform to the use regu­ lations of the district in which it is located.

2.505 Except for the two types of uses provided for in 2.506, a nonconforming use cannot be enlarged, extended, reconstructed or structurally altered unless changed to a permitted use.

2.506 Within the ten-year period after adoption of this ordinance nonconforming light industrial uses in the C Districts and nonconforming in­ dustrial uses in the Ml District may be enlarged if the enlargements do not total more than a 50 percent increase in cubical contents of buildings as existing at the time of the passage of this ordinance. If a nonconforming use is damaged or destroyed 2.507 by a fire, explosion, act of God, or the public enemy, then any restoration must be for a per- mitted use. A-17

2.508 Where a premises in an R District was used only for open storage or only for signs and billboards such uses must be discontinued and the stored material or signs removed within two years after the effective date of this ordinance. All junk yards shall conform with requirements of Section 2.210(a) within two years after the effective date of this ordinance. 2.509 Passage of this ordinance in no way legalizes any illegal uses existing at the time of its adoption. 2.510 Existing uses of types eligible for special permits in Sections 2.210, 2.302, and 8.402(a), shall not be nonconforming uses and shall receive a special permit for the existing use from the Building Inspector upon request; but shall re­ quire a special permit for any enlargement or addition.

PART THREE: MAXIMUM HEIGHT LIMITS ARE ESTABLISHED Section 3.1 Terms Relating to "Height" are Defined

3.101 A basement has less than one-half its height below grade; a cellar has more than one-half its height below grade. If a basement is subdivided and used for dwelling purposes it is counted as a story; a cellar is not.

3.102 The height of a building is the vertical dis­ tance from the grade to (a) the highest point of a flat roof, (b) the deck line of a mansard roof, or (c) the average height between eaves and ridge for gable, hip, and gambrel roofs. Grade is the average level of the finished 3.103 surface of the ground for buildings more than five feet from a street line. For buildings closer than five feet to a street the grade is the sidewalk elevation at the center of the building. If there is more than one street an average sidewalk elevation is to be used. If there is no sidewalk the city engineer shall establish the sidewalk grade. A-IS

3.104 A story is the part of a building from one floor to the next floor above or to a ceiling above if there is no floor above. A half-story is space under a sloping roof; all of which space must be at least three feet high but not more than 60 percent of which floor area may be finished off for use.

Section 3 0 2 Except as provided in Section 3.3 Buildings shall not exceed the following Height Limits:

3.201 One story or 25 feet in Cl Districts.

3.202 Two and one-half stories or 35 feet in the RIA, RIB, R2 and CH Districts.

3.203 Three stories or 45 feet in the R3A, R3B, C2 and Ml Districts.

3.204 Eight stories or 100 feet in the CB and M2 Districts; provided that where a lot in the CB or M2 Districts is adjacent to a lot in an R District, the building shall be set back from such a lot line one foot for each six f eet of building height.

Section 3 , 3 The above Height Limits may be exceeded in the following instances:

3.301 If a public building, church, temple, hospital, institution or school is set back an additional foot over the yards required in Part Four it may be increased in height two feet over the height limit of Section 3.2 up to a limit of 70 feet.

3.302 Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, radio and television towers, grain elevators, or necessary mechanical appurtenances, are exempt from height regulations.

3.303 Storage buildings are exempt from the story limitation (but not the "number of feet" limitation).

3.304 Buildings in the CI District may be increased in height one foot for each foot that the building is set back from all required yard lines. A-19

Section 3~4 The Building Heights shall be lowered in the following instances:

3.401 No building or structure or any portion thereof shall be erected within the approach zone of any runway or landing strip approved by the Federal Aviation Agency in excess of a height above the elevation at the end of said runway, equal to one­ fortieth of the horizontal distance from the end of said runway, measured along the centerline of said runway extended. The approach zone is con­ " sidered to be a trapezoidal area extending from the end of, and in the same direction as said run­ way for a distance of two miles o Such area is 500 feet wide at the end of the runway and 2500 feet wide two miles from the end of the runway. Further , no building or structure or any portion thereof shall be erected in the transition zones on either side of an approach zone of any such runway or landing strip in excess of a height above the elevation at the end of said runway, computed as follows: one-fortieth of the horizontal distance from the end of said runway measured along the centerline of said runway extended, plus One­ seventh of the horizontal distance to the near edge of the approach zone, measured perpendicular to the centerline of said runway extended. Where an airport is bounded by a public road the effec­ tive length of runways directed over any such public road shall be computed (using a slope of 40 feet horizontal to one foot vertical) to pro­ duce a height of fourteen (14) feet at the right­ of-way line of such road nearest to the airport .

Section 3.5 Those parts of Existing Buildings that violate Height ~e~ulations may be Repaired and Remodeled but ma~not be Reconstructed or Structurally Altered.

Se ction 3.6 No Living Unit may be located entirely in a Basement or Cellar and no Occupancy Permit Granted for Such a Use.

PART FOUR: MINIMUM YARDS ARE ESTABLISHED

Section 4.1 Terms Relating to "Yards" are Defined

4.101 A yard is an open space on the same lot as a building; except as provided herein it is un­ occupied and unobstructed by a structure~ Yard width or depth is the shortest horizontal dis­ tance from a lot line to the main building. A-20

4.102 A front yard is the area from one side lot line to the other side lot line and between the main building and the street. A front yard line is a line parallel to the street and as far back from the street as required in this ordinance. The terms "front yard line" and "building line" are synonymous.

4.103 A rear yard is the area from one side lot line to the other side lot line and from the main building to the rear lot line. The rear yard is always on the opposite end of the lot from the front yard.

4.104 A side yard is the area from the front yard line to the rear yard line and from the main building to a side lot line.

4.105 On corner lots (lots abutting on two or more streets at their intersection) the front yard shall face the shortest street dimension of the lot except that if the lot issquare or almost square, i.e. has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.

4.106 Lot width is the width of a lot at the front yard line. Buildable width is the width of lot left to be built upon after the side yards are provided.

4.107 Frontage means the distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead end street. Lot frontage is the width of a lot measured along a street.

4.108 Centerline of a street is a line halfway between the street lines.

4.109 A separate tract is a parcel of land or a group of contiguous parcels of land under one owner­ ship on the effective date of this ordinance.

4.110 The main building is the building occupied by the primary use. A-2l

Section 402 Except as provided in Sections 4.3 and 4.4 and Part Seven, Yards shall be provided for Buildings as shown in the following tabulation: One Front Two Side One Rear Yard Having Yards Having Yard Having District a Depth of Widths of a Depth of RIA 30 feet 8 feet 30 feet RIB 25 feet 5 feet 30 feet R2 25 feet 5 feet 25 feet R3A and R3B 20 feet 5 feet 25 feet Cl 20 feet None 20 feet C2 None None None CH 40 feet None None CB None None None Ml 25 feet None None M2 None None None Section 4.3 These general rules for Yards must also be observed:

4.301 In the Cl and Ml Districts, on lots fronting on two non-intersecting streets a front yard must be provided on both streets.

4.302 On corner lots in the R Districts there must be a front yard on both streets. On corner lots that are separate tracts the buildable width cannot be reduced to less than 28 feet except that there shall be a yard along the side street side of such a tract of at least five feet as well as the required side yard on the other side. On corner lots in the C and M Districts that 4.303 rear upon an R District a ten-foot yard must be provided along the side street side. Where a frontage is divided among districts 4.304 with different front yard requirements the deepest front yard shall apply to the enti~e frontage. Where a lot is in a C or M District and is 4.305 next to an R District the side or rear yard required in that R District must be provided along the boundary line. A-22

4 0 306 In the C and M Districts there may be more than one commercial or industrial building on a lot provided that the required yards be maintained around the group of buildings. 4.307 Dwelling uses, except hotels, locating in C and M Districts must provide the yards required in the R3 Districts. 4.308 There may be two or more related multi-family, hotel, motel, or institutional buildings on a lot; provided that (a) the required yards be maintained around the group of buildings, and (b) buildings that are parallel, or that are within 45 degrees of being parallel, be sepa­ rated by a horizontal distance that is at least equal to the height of the highest building. 4.309 Those parts of existing buildings that violate yard regulations may be repaired and remodeled but not reconstructed or structurally altered. Section 4.4 The following exceptions may be made in Yard Regulations:

4.401 On separate tracts the side yard may be reduced to ten percent of the tract width but not less than five feet in the RIA District and three feet in all other districts.

4.402 On separate tracts the rear yard may be reduced to 20 percent of the tract depth.

4.403 Where, on the effective .date of this ordinance, 40 percent or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:

(a) Where the building furthest from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then exist- ing front yards.

(b) Where this (a) is not the case and a lot is within 100 feet of a building on each side then the front yard is a line drawn from the closest front corners of these two adjacent buildings. A-23

(c) Where neither (a) nor (b) is the case and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.

4.404 Sills, belt courses, cornices, and ornamental features may project only one foot into a re­ quired yard.

4.405 Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than 3-1/2 feet when so placed as to not obstruct light and ventilation, may be permitted by the Building Inspector.

4.406 Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections be distant at least two feet from the adjacent side lot line.

4.407 No side yards are required for dwellings that are erected above commercial and industrial structures.

4.408 If side yards are provided where not required (i.e. in C and M Districts) they must be at least five feet wide.

PART FIVE: MINIMUM LOT AREAS PER FAMILY, MINIMUM LOT WIDTHS AND MINIMUM LOT FRONTAGES ARE ESTABLISHED

Section 5.1 Except as provided in Section 5.2 there shall be the Minimum Lot Frontage, Minimum Lot Width, Minimum Lot Area and Minimum Lot Area per Family as shown on the following table: A-24

Lot Area Per Family Lot in Square Feet Lot Area Front- Lot in Single- Two- Multiple- age Width Square Family Family Family District in Feet in Feet Feet Dwellin~s Dwellin~s Dwellings ------~ RIA 40 80 10,000 10,000 * * RIB 35 60 6,000 6,000 * * R2 35 50 5,000 5,000 3,000 * R3A 35 50 5,000 5,000 2,500 1,000 R3B 35 50 5,000 5,000 2,500 750 Cl None None None 10,000 10,000 10,000 C2 None None None 6,000 3,000 2,000 CH None None None 10,000 10,000 10,000 CB None None None 5,000 2,500 750 Ml None None None 6,000 6,000 6,000 M2 None None None * * * *Indicates not permitted in district.

Section 5.2 Separate tracts (see Section 4.109) with less area or width than above required may be used for one single­ family dwelling or for a permitted non-dwelling use.

Section 5.3 Existing buildings that are in violation of lot arearequirements may be remodeled or repaired but may not be reconstructed or structurally altered unless made to conform to these requirements.

PART SIX: OFF-STREET PARKING SPACES ARE REQUIRED

Section 6.1 Terms Relating to Parking are "Defined

6.101 Parking space is an area on a lot sufficient in size to store one automobile (not less than nine feet wide and 20 feet long) connected to a public street or alleyby a driveway not less than 10 feet wide and so arranged as to permit ingress and egress of the automobile at all times without moving any other automobile parked adjacent to the parking space. The parking space and connect­ ing driveways shall be surfaced with a permanent dust-free paving except in RI and R2 Districts.

6.102 Floor area means the square feet of floor space within the outside line of walls and includes the total of all space on all floors of a build­ ing. It does not include porches, garages, or space in a basement or cellar when said basement or cellar space 1s used for storage or incidental uses. A-25

Section 6.2 The follo!i2F% Off-Stre:t Parking Spaces Shall be Provided

6.201 For dwellings one space on the lot for each living unit in the building. For fraternities, sorori ties ancL]..Q

6.202 For churches erected on new sites one parking space on the lot for each 10 seats in the main auditorium, but existing churches and additions to or enlargements of churches existing at the time of passage of this ordinance shall be exempt from this requirement.

6.203 For places of public assembly, including audi­ toriums and theatres, one space for each four seats provided.

6.204 For all schools, except high schools, two spaces for each classroom, for high schools ten spaces for each classroom.

6.205 For hospitals one space for each hospital bed, but existing hospitals and additions and enlarge­ ments of existing hospitals shall be exempt from this requirement.

6.206 For institutions, clubs, lodges and other public and semi-public buildings one space for each 1,000 square feet of floor area.

6.207 For all uses except those above specified when located in the R3B, Cl and CH Districts, one space for each 100 square feet of floor area; when located in the C2 District, one space for each 300 square feet of floor area. The site plan for parking spaces in the R3B and Cl Dis­ tricts shall receive approval of the City Manager ' before a building is erected or a permit issued therefor.

6.208 Uses in the CB District shall provide one parking space on the lot or within 600 feet thereof for each 1,000 square feet of floor space that is in excess of three times the lot area. A-26

6.209 For commercial uses in the M Districts, one space for each 300 square feet of floor area for industrial uses in M Districts, one spac~ for each two employees of maximum number em­ ployed at anyone time or one space for each 600 square feet whichever is the greater. Section 6.3 The foregoing requirements are subject to the following General Rules and Exceptions:

6.301 In the C and M Districts parking space may be provided on a separate lot if within 300 feet of a building and two or more owners may join together in the provision of this parking space o

6.302 In the R Districts and in C and M Districts within 50 feet of an R District, no parking space may be located in a front yard.

6.303 Parking spaces may be provided in side and rear yards in the R Districts and in any yard in C and M Districts except that in the C and M Districts no parking space may be provided in a front yard unless the building is set back at least 30 feet from the street.

6.304 Parking space for any use specifically per­ mitted in an R District may be provided on a lot adjoining that use provided there is compliance with all requirements of paragraphs 6.302 and 6.303. Section 6.4 Existing buildings not complying with off­ street parking requirements may be remodeled, repaired and structurally altered but any enlargement, except as otherwise provided in Sections 6.202 and 6.205 must pro­ vide the required parking s~aces for said enlargement.

PART SEVEN: ACCESSORY USES AND BUILDINGS ARE REGULATED Section 7.1 Terms Relating to Accessory Buildings and Uses are Defined

7.101 Accessory use means a use subordinate to and incidental to the primary use of the main building or to the primary use of the premises.

7.102 Accessory building is a part of the main build­ ing, ·or a separate building, devoted to an accessory use. A-27

7.103 A private garage is an accessory building housing vehicles owned and used by occupants of the main building. Where vehicles are used or housed by persons other than occupants the building is a storage garage. Neither a private garage nor:a-storage garage may house more than one commercial vehicle.

7.104 A home occupa tion is an accessory use; it is an activity carried on only by a resident member of a family meeting these conditions:

(a) Only one non-illuminated sign no larger than one square foot in area is used, which sign is attached to the building;

(b) Nothing is done to make the building or premises appear in any way as anything but a dwelling;

(c) If some product is made as part of the activity, it and only it may be sold. Nothing else can be sold;

(d) . No one is employed from outside the resi­ dent family; (e) Mechanical equipment used is only that normally used in, or found in, a single­ family dwelling.

7.105 A sign is any outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on a premises. A banjo sign is a sign having a total area on anyone IaCe thereo= of not more than 55 square feet, the advertising content of which is 10 feet or more above the ground. e following Accessory Uses are Permitted: Sectton 7 • 2 Th

7.201 In the RIA, RIB and R2 Districts: Private garages. Home occupations. Vegetable and flower gardens. Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces and similar uses customarily accessory to residential uses. A-28

Keeping of small animals commonly housed in a dwelling but not on a commercial basis or on a scale reasonably objectionable to adjacent property owners; provided, however, that this shall not affect farms of more than three acres where . animals are housed in structures located more than 50 feet from property lines. Storage of wood, lumber and other material where the land occupied by such storage is confined to one location with a maxi­ mum area of 100 square feet.

7.202 In the R3 Districts there may also be storage garages and parking lots for use solely of occupants of the premises.

7.203 In the Cl and C2 Districts there may also be:

Parking lots. A use of not to exceed 40 percent of the floor area for incidental storage or light industrial activity.

7.204 In the CH, CB and M Districts there may be any accessory use.

7.205 Temporary buildings for construction purposes are permitted in any district as accessory buildings during the course of construction.

7.206 Accessory buildings may not be used for dwelling purposes.

Section 7.3 The following regulations regarding Signs Shall be Observed:

7.301 Churches, public and semi-public buildings, hospitals and institutions in R Districts may have one bulletin board not more than 15 square feet in area.

7.302 Only those signs permitted in 7.301, temporary signs not more than 10 square feet in area pertaining to lease or sale of premises and name plates when non-illuminated and not greater in area than one square foot are allowed in an R District; provided that a name plate of four square feet is allowed in an R3B District. A-29

7.303 In the Cl and CH Districts the total area of signs on a premises in square feet may not exceed the number of lineal feet of street frontage; and in the C2 and MI Districts there may be two square feet of signs for each lineal foot of street frontage. In Cl, C2 and CH Districts all signs shall be attached to a building and not extend more than six feet into the front yard except that in the C2 and CH Districts there may be one banjo sign in the front yard for each 50 feet of street frontage, provided that there are not more than two banjo signs for each business.

Section 7.4 Accessory Buildings shall be Located in accordance with the following rules:

7.401 Accessory buildings may be located in a rear yard but may not occupy more than 30 percent of a rear yard.

7.402 Any accessory building closer than 10 feet to a main building shall be considered as part of the main building and shall be pro­ vided with the side and rear yards required for the main building.

7.403 An accessory building more than 10 feet from a main building may be erected within two feet of a side or rear lot line but must be located at least 60 feet from the front street line.

7.404 Where a garage is entered from an alley it must be kept 10 feet from the alley line.

7.405 On corner lots the minimum buildable width of 28 feet (see Section 4.302) for main build­ ings is reduced to 22 feet for accessory build­ ings.

S ec ti on 7 • 5 Fences shall be located in accordance with the following rules:

7.501 No fence more than 30 percent solid and no fence or planting more than three feet high may be located within 30 feet of a street intersection. A-30

7.502 Except as provided in 7.501 fences less than four feet high may be located on any part of a lot. 7.503 Except as provided in 7.501 fences less than six feet high may be erected on any part of a lot that is as far back or further back from a street than the main building.

PART EIGHT: THE BOARD OF ADJUSTMENT IS ESTABLISHED AND ITS POWERS AND DUTIES PRESCRIBED Section 8.1 A Board of Adjustment is Hereby Created Such Board shall consist of five (5) members all of whom shall be taxpayers and residents of the City of Iowa City. They shall be appointed by the Mayor and with the consent of the City Council. One (1) member of the Board shall be a member of the City Planning and Zoning Commission. One (1) member of said Board shall be ap­ pOinted to serve for a period of one (1) year, one (1) for a period of two (2) years, one (1) for a period of three (3) years, one (1) for a period of four (4) years and one (1) for a period of five (5) years. Thereafter, members shall be appointed for a term of five (5) years. Vacancies shall be filled by appointment for the unexpired term only. Members of the Board shall serve without compensation. Section 8.2 Meetings of the Board The members of the Board of Adjustment shall meet at least once each month at such time and place as they may fix by resolution. They shall select one of their members as chairman and one as vice-chairman, who shall serve one year and until their successors have been selected. Special meetings may be called at any time by the chairman or in his absence, by the Vice-chairman. A majority of the Board shall constitute a quorum for the transaction of business. The Board shall cause a proper record to be kept of its proceedings. Section 8.3 Appeals to the Board 8.301 Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, depart­ ment or bureau of the City of Iowa City affected by any decision of the Building Inspector. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the Building Inspector and with the Board, a. notice of appeal specifying the grounds thereof. The Building Inspector A-31

shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

8.302 An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board, or by a court of record on application or notice to the Building Inspector on good cause shown.

8.303 The Board shall fix a reasonable time for the hearing of the appeal, give not less than five days' public notice thereof by the posting of not less than one sign of at least six square feet in area with a white background and black letters at least three inches high containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made and by one publication of a notice in a newspaper of general circulation in Iowa City, as well as due notice to the parties in the interest, and decide the same within 30 days. Upon the hearing, any party may appear in person, by agent or by attorney.

8.304 The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector, or to decide in favor of the applicant upon any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Upon the hearing any party may appear in person or by agent or by attorney.

8.305 A fee of ten dollars shall be paid to the City Treasurer at the time the notice of appeal is filed to the credit of the general revenue fund of the City of Iowa City. A-32

Section 8.4 The Powers of the Board are:

8.401 To Interpret the Ordinance, being

(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this Ordinance,

(b) To permit the extension of a district where the boundary line of a district divides a lot held in a single owner­ ship at the time of the passage of this ordinance,

(c) To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this ordinance where the street layout on the ground varies from the street layout as shown on the map aforesaid.

8.402 To Permit the following two exceptions:

(a) , Use of premises for public utility and railroad purposes.

(b) Reconstruction of a nonconforming building that would otherwise be prohibited by Section 2.507 where such action would not constitute continuation of a monopoly.

8.403 To Permit the following two variations:

(a) Vary the yard, height or lot area per family regulations where there is an exceptional or unusual physical condi­ tion of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this ordinance would prevent a reasonable or sensible arrange­ ment of buildings on the lot. A-33

(b) Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this ordinance but providing that such a reduction not be more than 50 percent of the usual requirement.

8.404 The Board has no other powers than those above specified in 8.401, 8.402, and 8.403.

Section 8.5 Public Hearings and Permits Issued by Boa~d

The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. A notice of time and place of such public hearing shall be published in a paper of general circula­ tion in the City of Iowa City at least once, not more than thirty or less than fifteen days previous to the hearing. Such notice shall contain the particular address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal, and of what the proposed variance consists.

No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the Board permitting a use of a building or premises shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such use per­ mitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or altera­ tion is started and proceeds to completion in accordance with the terms of such permit.

PART NINE: ENFORCEMENT OF THE ORDINANCE

Section 9.1 The Building Inspector shall enforce this ordinance; appeals from his decision may be taken to the Board of Adjustment (see Part Eight). A-34

Section 9.2 No building may be undertaken in the city without a building permit as required by the Building Code (Ordinance No. ) and without an application having been made for an occupancy permit as required by Section 9.3. Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the name of the person making the appli­ cation, the actual dimensions of the lot to be built upon as shown by a survey, the size, shape and location of the building to be erected, and ,such other informa­ tion as may be necessary to provide for the enforcement of this ordinance. A record of applications and plats shall be kept in the office of the Building Inspector. Building permits shall be posted in a conspicuous place while construction is going on.

Section 9.3 Subsequent to the effective date of this ordinance no change in the use or occupancy of land, nor any change of use or occupany in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this ordinance. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such cer­ tificate and permit is issued. A record of all certifi­ cates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certifi­ cate of occupancy_

Section 9.4 Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map accompanying and made a part of this ordi­ nance, the following rules apply:

9.401 The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district. A-35

9.402 Where the district boundaries are not other­ wise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the district map ac­ companying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the bound­ ary of the districts unless the boundaries are otherwise indicated on the map.

9.403 In unsubdivided property, the district bound­ ary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map.

Section 9.5 In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum re­ quirements for the promotion of the public safety, health, convenienc~comfort, morals, prosperity and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agree­ ments between parties, except that if this ordinance imposes a greater restriction, this ordinance shall control.

PART TEN: AMENDMENT OF THE ORDINANCE

Section 10.1 Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regula­ tions, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within 30 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. After the recommendations and report of the Commission have been filed, the Council shall before enacting any proposed amendment, supplement, change, modification or repeal, hold a public hearing in relation thereto, giving at least 30 days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of Iowa City.

If the Commission recommends against, or if a protest against such proposed amendment, supplement, change, modi­ fication or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included A-36

in such proposed change, or of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed 200 feet therefrom of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths of the members of the Council.

Before any action shall be taken as provided in this Part , the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Treasurer the sum of twenty-five dollars to cover the approximate cost of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said change to be adopted by the Council.

PART ELEVEN: VIOLATION AND PENALTY

Section 11.1 The owner or agent of a building or premises in or upon which a violation of any provision of this or­ dinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any viola­ tion or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one hundred dollars. Each and every day that such viola­ tion continues may constitute a separate offense.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, the appropriate authorities of the City of Iowa City, in addition to other remedies, may institute injunction, mandamus or other appropriate action or pro­ ceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use , or to correct or abate such violation, or to prevent the occupancy of said building, structure or land.

PART TWELVE: GENERAL PROVISIONS Section 12.1 Validity. If any part or parts of this or­ dinance shall be held to be unconstitutional, such uncon­ stitutionality shall not affect the validity of the remain­ ing parts of this ordinance. The Council hereby declares that it would have passed the remaining parts of this or­ dinance if it had known that such part or parts thereof would be declared unconstitutional. ... / .

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