HomeMy WebLinkAbout1993-05-11 Ordinance
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF APPROXIMATELY
15,1 ACRES OF LAND, KNOWN AS THE PEPPERWOOD XII
TRACT, AND LOCATED EAST OF S, GILBERT STREET AND
WEST OF SANDUSKY DRIVE ON CHERRY AVENUE
EXTENDED FROM ID.RM TO RM.12 AND RS.S,
WHEREAS, Southgate Development Co. has
requested a zone change from ID.RM, Interim Development
Muhl.Famlly Resldenlial, to RM-12, Low Density Muhl.Famlly
Residential, for approximately 6,e ecres of the land known as
the Pepperwood XII tract located east of S, Gilbert Street and
west of Sandusky Drive on Cheny Avenue extended, and to
RS.S, Low Density Single. Family Residential, for approximately
8,3 aCles of the remaining land known as the PeppelWood XII
tract: and
WHEREAS, senllary sewer service is not available to
serve this erea; and
WHEREAS, due to the lack of sanllary sewer service,
the area Is designated as Phase iii in the Residenlial
Development Sequence Schedule and Is not planned for
development until after the year 2011: and
WHEREAS, the Planning and Zoning Commission
reaJmmended denial of the requested rezoning based solely on
the lack of senllary sewer service to the BIea end has not
considered the merits of the reques1ed zoning; and
WHEREAS, the applicant has not acknowledged nor
agreed that this development shell absoib all costs associated
with development in accordance wllh the City's policy for out-of.
sequence development which cos1s Include, but are notllmftlld
to, extension of water and sewer lines, pavement of streels
Including collector streets, tha upgrading of sewer lines and
other costs associated wllh development.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. APPROVAL Subject 10 sanilary sewer service
being made available to the Pepperwood XII tract, the properly
desClibed below Is hereby reclassllled from fts prasent
classllicatlon 01 ID.RM, Inlerim Development Mulli.Famlly
Resldenlial, to RM.12, Low Density Muhl.Famlly Resldenlial:
A tract of land In Government Lot 2 end the Southwest
Quarter 01 the Noriheast Quarter of Section 22, Township
79 North, Range 6 West of the Filth Principal Meridian,
described as: Beginning al the Intersection of the east
rlght-of.way of South Gllbort Stroot and the south line of
said Governmont Lot; thonco oast along Ihe centorllne of
said section, 280 fool to tho southwest cornor of
PeppolWood Addlllon, Part XII; Ihonco northorly following
the wost line of PeppolWood Addlllon, Part XII to tho
northwest corner of said Addlllon; thonco North, 90 foot:
thonce northwoslorly, 340 foot; thenco wostorly,
porpendlcular to South Gllberi Slroot, 190 fool to tho oast
rlght-of.way of said Stroet; thenco southoasterly along said
right-of-way, 810 foet to tho point of beginning, Seld tract
contains 8,8 acres, more or less,
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Ordinance No,
Paga 2
Subject to sanhary sewer service being made available to the
PeppelWood XII tract, the property described below Ie hereby
reclassllled from I1s present classlllcatlon of ID.RM, Interim
Development Mulll.Family Residential, to RS.5, Low Density
Single-Family Residential:
A tract of land In the Southwest Quarter of the
'Northeast Quarter in Government Lot 2 of Section 22,
Township 79 North, Range 6 West of the Fifth
Principal Meridian, descnbed as: Beginning at the
southwest corner of said Quarter Quarter; thence West
along the south line of said Quarter Quarter, 612 feet;
thence North, 110 feet; thence Northeast, 24 feet;
thence Northerly following a 100 foot radius CUlVe,
concave Easterly, 90 feet; thence North, 200 feet;
thence Westerly, 110 feet; thence North, 176 feet;
thence Easterly, 732 feet to a point on the west line of
PeppelWood Addition, Part IX; thence South along tha
west line of PeppelWood Addhlon, Part IX, 510 feet to
the Point of Beginning, Said tract contains a,3 acres,
more or less,
SECTION II, ZONING MAP, The Building Inspector Is hereby
authorized and dlracted to change the zoning map of the City of
Iowa City, Iowa, to conform to this amendment upon final
passage, approval, and publication of this Ordinance as
provided by law,
SECTION III. CERTIFICATION AND RECORDING, Tha City
Clerk Is hereby authorized and directed to certify a copy of this
Ordinance which shall be recorded at the Office of the County
Recorder of Johnson County, Iowa, upon final passage and
publication as provided by law,
SECTION IV, REPEALER. All ordinances and parts of
ordinances In conflict with the provisions of this Ordinance are
hereby repealed,
SECTION V, SEVERABILITY, If any section, provision or part
of tha Ordlnanca shall be adjudgad to be Invalid or
unconsthutlonal, such adjudication shall not allect the validity of
the Ordinance as a whole or any section, provision or part
theraof not adjudged Invalid or unconsthutlonal.
SECTION VI, EFFECTIVE DATE, This Ordinance shall be In
effect aller hs final passage, approval and publication, as
provldad by law,
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved by
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Ordlnanco No,
Page 3
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Melody Rockwell
Item: REZ92-0012. Pepperwood Addition,
Part XII
Date: September 17, 1992
GENERAL INFORMATION:
Applicant:
Southgate Development Co;
505 Highland Avenue'
Iowa City, 'A 52240
Phone: 337-4195
Requested action:
To rezone 6.8 acres of a 15.1 acre,
property from ID-RM to RM-12, and 8.3
acres of said property to RS-5.
Purpose:
To establish a general area adjacent to
Gilbert Street and bisected by Cherry
Avenue extended for multi-family
dwellings and to extend a single-family
residential area known as Pepperwood
Addition prior to submission of a
preliminary plat for a 34.lot, single-
family residential subdivision.
Locl\tion:
East of S. Gilbert Street and west of
Sandusky Drive on Cherry Avenue
extended.
Size:
Approximately 15.1 acres.
Existing land use and zoning:
Agricultural; ID-RM.
Surrounding land use and zoning:
North - Mobile Home Court and
undeveloped; RFDH and ID-RM.
East - Single.Femily Residential; RS-5.
South - Undeveloped; ID-RM.
West - Napoleon Park: P.
Comprehensive plan: .
Multi-Family Residential; 8-16 dwelling
units per acre,
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File date:
August 27, 1992.
45-day limitation period:
October 12, 1992.
SPECIAL INFORMATION:
Public utilities:
Adequate sanitary sewer service is not
evailable.
Public services:
Police and fire protection, and
sanitation services are provided. No
transit routes run near the request
property,
Transportation:
Access would be via Keokuk Street and
the extension of Sandusky Drive;
secondary access is proposed from S.
Gilbert Street via Cherry Avenue
extended.
Physical characteristics:
The site is characterized by moderate
slopes with a ridge line running
diagonally in a northwesterly to south-
easterly direcilon across the property.
The west portion of the property is
heavily wooded.
BACKGROUND INFORMATION:
The applicant wishes to rezona 6.8 acres of a 15.1 acre tract from ID-RM, Interim
Development Multi-Family Residential, to RM-12, Low Density Multi-Family Residential, and
8.3 acres of said 15.1 acre tract from ID-RM to RS-5, Low Density Single-Family Residential.
The tract extends west from the existing Pepperwood Addition residential development, which
is zoned RS-5, to S. Gilbert Street. The maps submitted with the rezoning application
incorrectly delineate the areas requested for rezoning. Discussions with the applicant's project
engineer indicate the area requested for RM-12 zoning is delineated by the areas shown as
"Future Development" on the pre-preliminary plat for Pepperwood Addition, Part XII. The 34-
lot, single-family rasidential subdivision proposed on the pre-preliminary plat indicates the area
requested for RS-5 zoning.
The area requested for rezoning is currently designated as an ID-RM zone. The Interim
Dovelopment Zone is intended to provide for areas of managed growth in which agricultural
and other non.urban uses of land may continue until such time as the City is able to provide
municipal sarvices and urban development can take place, The provision of municipal services,
particularly for out'of-sequence development, is an important consideration of the requested
rezoning. '
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ANALYSIS:
Comprehenslve Plan. The Comprehensive Plan. the officially adopted land use policy guide.
provides a development sequence schedule, which is based on the premise that areas where
development can take place efficiently, in terms of provision of municipal services, should
develop first. Those areas where development would prove move costly to the City, because
of limited sewer capacity or inadequate street systems. for example. have been designated
as out-of-sequence development areas, and scheduled for later phases of development. The
sequence development schedule was designed to allow the City to anticipate and phase
expenditures for municipal services and capital improvements overtime. The element of equity
inherent within the phased development plan is that of diminishing the incidence of sudden,
burdensome public subsidies of new development by the existing community and residents,
who mey not directly benefit.
Available Sanitary Sewer Capacity. The 15.1 acre tract is located within the west portion of
the South Area of Iowa City, which is anticipated to develop between the years 2000-2010.
Due to topographic restrictions and existing constraints in the municipal sewer system serving
the South Area, this area is mapped as out-of-sequence, and is zoned as an interim
development area. Wet weather surcharging conditions in the South Side Trunk Sewer and
limited capacity in the Keokuk Branch of this trunk sewer system restrict future residential
development in the South Area. Any further development west of the existing Pepperwood
Addition development cannot be served by the sanitary sewer in place at this time.
The rezoning request, known as Pepperwood Addition, Part XII. is within the South Iowa River
drainage area which extends southerly from the North Wastewater Treatment Plant between
the Iowa River and the ridge line to the east. According to the City Public Works Department,
705'acres of this drainage area lie within the City limits. The South Side Trunk Sewer, which
is currently overloaded, provides service to the north 460 acres, leaving the south 245 acres
without sanitary sewer service. Pepperwood Addition, Part XII, is located within the 245 acres
without sanitary sewer service.
The Director of the City Public Works Department has indicated that sanitary sewer service
to the 245 acres should be provided by the South River Corridor Interceptor Sewer, which
would provide other benefits in addition to sewer service for the 245 acres. The South River
Corridor Interceptor Sewer, as proposed, would extend from the South Wastewater Treatment
Plant west to Sand Road, then north along Sand Road and Gilbert Street to the North
Wastewater Treetment Plant. When this interceptor sewer is constructed, It will eventually
provide service to an additional :!: 1.000 acres currently outside the City limits. It will relieve
the overloaded South Side Trunk Sewer. It will also allow the City to transfer flows from the
North Plant to the South Plant, which is an important consideration given that the capacity
at the North Plant will be cut from 9.5 million gallons per day IMGDI to 5.6 (MGD) when
ammonia removal is required by the end of this decade. The estimated cost to construct the
South River Corridor Interceptor Sewer is $17,500,000.
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As an option, sanitary sewer service could be provided to the 245 unsewered acres by
constructing a lift station at the South City limits and pumping into the South Sycamore
Sanitary Trunk Sewer. The total construction cost of the lift station, force main and sanitary
sewer as well as engineering fees and land acquisition is estimeted at $720,000. This sewer
system would be abandoned at such time as the South River Corridor Interceptor Sewer was
constructed. The City Public Works Department does not recommend this option.
Until the City makes a commitment to provide sanitary sewer service to this area, the
development of Pepperwood Addition, Part XII, would be considered out-of-sequence. It is
the City's policy as stated in the Comprehensive Plan, that "out-of-sequence development
would be required to absorb all of the costs associated with development, including costs
typically subsidized by the City," If a tap-in fee approach is used, with the City upfronting the
costs of sewer construction, and the developer paying the cost attributable to development
of the subject tract, there will need to be a determination of the extent to which the City can
afford to upfront costs for the trunk sewer extension. The cost to the City, if construction
of the South River Corridor Interceptor Sewer is delayed, should also be considered.
Depending on how these policy questions are resolved, the out-of-sequence designation for
this property may warrant amendment.
Denslty. At such time as access to a new sewer system is possible, the 1983 Comprehensive
Plan Update anticipated that the western portion of the South Area would develop for
residential purposes at a development density of 8-16 dwelling units per acre. According to
the plan, "...the slightly higher than single-family density takes advantage of the relative ease
of access to the downtown via Gilbert Street and allows a response to the projected demand
for lower cost owner-occupied housing." The land was subsequently zoned ID-RM, Interim
Development Multi-Family Residential, to permit higher density residential development atsuch
time as municipal services could be extended to the area.
The low density single-family residential IRS-5) zoning classification sought by the applicant
for the eastern part of the tract would permit residential development at a density slightly less
than the development density designated in the Comprehensive Plan. The Comprehensive
Plan maps outline in a general fashion the location' of different land uses. The proposed
single.femily residential development would be compatible with the existing Pepperwood
Addition development to the east. The proposed RM-12 zoning of the west portion of the
tract adjacent to S. Gilbert Street would be consistent with the Comprehensive Plan
designation and the ID-RM zoning classification for this area.
Trafficways. In terms of street accessibility, the area proposed for rezoning is located along
S. Gilbert Street/Sand Road, an arterial street. The extension of Cherry Avenue is intended to
serve as a collector street between Sandusky Drive and S. Gilbert Street, and as shown on
the plat, would be constructed within a 66-foot right-of-way at a 36-foot pavement width.
Future Needs: When sewer is extended between the North and South plants, a significant
number of acres will be available for development, as noted above, Provision of schools and
open space for these new areas will need to be considered.
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Schools. Elementary school-aged children residing in this area of Iowa City would attend
school in Hills. Busing students to a school outside their neighborhood may provide a solution
for school attendance, but eventually capacity may be exceeded in the receiving school. Also,
busing run~ contrary to the neighborhood school concept set forth in the Comprehensive Plan.
This concept is based on the premise that elementary schools should be located so that most
of the students live within walking distance of the school. This is a problem, however,
associated with all newer areas of the community, where higher levels of elementary school-
aged children are expected.
Open Space. The Wetherby Open Space District requirement of 23.26 acres is partially off-set
by the 14-acre Wetherby Park and the 26-acre Napoleon Park. However, the distance of
Wetherby Park from the request area, the questionable suitability of Napoleon Park for use as
a,neighborhood open space, and the barrier Gilbert Street represents in terms of access to
Napoleon Park are all factors to be considered in determining whether more neighborhood
open space is warranted for this area of the community.
STAFF RECOMMENDATION:
Until the issue of sanitary sewer service for this area of the community is resolved,
development cannot proceed. Staff recommends that REZ92-0012, the request to rezone 6.8
acres of a 15.1 acre tract from ID-RM to RM-12, and 8.3 acres of said 15.1 acre tract from
ID-RM to RS-5 for property located east of S. Gilbert Street and west of Sandusky Drive on
Cherry Avenue extended be deferred until the sanitary sewer issue is resolved.
ATTACHMENTS:
1. Location Map.
2. South Area Sequence of Development Map.
3. Application.
4. Pepperwood Addition, Part XII, Preliminary Plat.
5. Correspondence re Pepperwood Addition, Part XII.
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Approved by:
Kari Franklin, Director
Dep rtment of Planning and
Community Development
/110012.'"
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REZ 92-0012
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PROPERTY OWNERS WITHIN
200 LINEAL FEET
Lee, Jason and Misty
742 Sandusky Ave.
Iowa City, IA 52240
Bockenstedt. Tom J and Holloway Celeste E.
3266 Lynden Heights Rd. N.E.
Iowa City, IA 52240
Duffy Builders
1405 Rochester Ave.
Iowa City, IA 52240
Ostedgaard, R. Alan and Robin A.
323 Bon Aire
Iowa City, IA 52240
Reisen, Daniel M. and Anne M.
703 Sandusky Ave.
Iowa City, IA 52240
Damge, Michael T. and Tice, Lisa M.
681 Sandusky Ave.
Iowa City, IA 52240
Norton, William H. and Linda A.
2460 So. Gilbert St.
Iowa City, IA 52240
\
James McCollister Estate
c/o Hertz F~rm Management
Box B
Mt, Vernon, IA 52314
City of Iowa City
410 E, Washi ngton St.
Iowa City, IA 52240
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PEPPERWOOD ADDITION
PURPOSED MULTI-FAMILY REZONING
A tract of land in Government Lot 2 and the Southwest Quarter of the Northeast
Quarter of Section 22, Township 79 North, Range 6 West of the Fifth PrinCipal
Meridian, described as:
Beginning at the intersection of the east right-of-way of South Gilbert Street
and the south line of said Government Lot;'
thence east along the centerline of said section, 280 feet to the southwest
corner of Pepperwood Addition, Part 12;
thence northerly following the west line of Pepperwood Addition, Part 12 to the
northwest corner of said Addition;
thence North, 90 feet;
thence Northwesterly, 340 feet;
thence westerly, perpendicular to South Gilbert Street, 190 feet to the east
right-of-way of said Street;
thence southeasterly along said right-of-way, 810 feet to' the point of
beginning.
Said tract contains 6,8 Acres, more or less.
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PEPPERWOOD ADDITION, PART 12
PROPOSED SINGLE-FAMILY REZONING
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A tract of land in the Southwest Quarter of the Northeast Quarter and
Government Lot 2 of Section 22, Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the southwest corner of said Quarter Quarter;
~hence West along the south line of said Quarter Quarter, 612 feet:
thence North, 110 feet:
thence Northeast, 24 feet:
the~ce northerly following a 100 foot radius curve, concave easterly, 90 feet;
thence North, 200 feet;
~hence Westerly, 110 feet:
thence North, 176 feet:
thence Easterly, 732 feet to a point on the west line of Pepperwood Addition,
Part 9;
thence South along the west line of Pepperwood Addition, Part 9, 510 feet to
the Point of Beginning.
Said tract contains 8.3 Acres, more or less,
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July 31,1992
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CITY OF IOWA CITY
Myles Braverman
Southgate Development Co., I.nc.
505 Highland Avenue
Iowa City, IA 52240
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RE: Pepperwood Addition, Part XII
Dear Mr. Braverman:
As I indicated to you in our telephone conversation on July 29. 1992. the City Public Works
Department holds the position that the proposed subdivision. Pepperwood Addition, Part XII,
cannot be served by sanitary sewer. This is a restatement of the s!aff position in 1989, when
the preliminary plat for Pepperwood Addition, Part VIII, the area immediately east of the
proposed subdivision. was being considered.
, If you decide to withdraw the preliminary plat application for Pepperwood Addition. Part XII.
please send a written request to me. and I will see that the $1,000 application fee you paid
is reimbursed to you.
If you decide to proceed. a rezoning application with a $330 additional fee will need to be
submitted, The area proposed for subdivision is currently zoned ID.RM, The submission
deadlines are as follows:
August 13. 1992. for a SePtember 3, 1992. Planning and Zoning Commission meeting,
or
August 27. 1992, for a September 17, 1992, Planning and Zoning CommiSSion
meeting.
A revised preliminary plat could be submitted with the rezoning application. or follOWing the
rezoning process. whichever you prefer, A letter waivino the 45.dav limitation oeriod for the
Peooerwood Addition. Part XII, oieliminarv olat aoolication should be forwarded as soon as
oossible to me at 410 E, Washinoton, Iowa Citv, Iowa 52240.
Comments by the Public Works Department staff on :he preliminary plat are as follows:
1, In the tYPical cross'sectlon, Crabapple Court ,s referenced, but IS not part or [he
subdiVISion, ThiS snould be corrected,
2. The contour intervals and the reference datum INGVD: C;ry1J snould be stateD,
tlO (A\" '4I"'~III'''liro... ~T.[[r. lOW.., ('11''1 IIIIN" 1::toJ.,I:,. Illtl 11'.1000' I '.\ ,II~I 11..loot
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Myles Braverman
July 31,1992
page 2
3. On the northwest portion of the area labeled "Future Development," the wrong contour
line is marked "80".
4. The note on the plat stating "Sanitary Sewer Trunk Main to be Constructed by Iowa
City," and the sewer line this note refers to, should be deleted from the plat.
5. The eight-inch sludge force main can be shown on the west side of Gilbert Street.
6. Does the westerly extension of Cherry Avenue through the area marked "Future
Development" cut through a heavily wooded area? If so, the extent of the wooded
area should be correctly delineated on the plat.
7. On the east intersection of Locust Court and Cherry Avenue, the sanitary sewer runs
under the intake. This should be revised to allow more clearance.
8. The lot line between Lots 255 and 256 is actually longer than the 110 feet shown on
the plat.
9. Submit preliminary stormwater cal,culations.
10. Submit documentation that the stormwater basin serving the subdivision has the
capacity to accommodate this area.
11. Consider coordination with utilities to have utilities combined within the generous right.
of.way.
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12. Correct the discrepancy in scale, 1" =50' and 1" = 25' are both shown.
Please don't hesitate to call Ed Engroff at 356-5144 or me at 356-5251 to discuss this
matter.
Sincerely,
rr...&. .c!. re.- b ... as',
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Melodyilockwell
Associate Planner
c: Ed Engroff. Civil Engineer
Monica Moen. Senior Planner
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SOUTHGATE DEVELOPMENT
505 Highland Avenue
Iowa Clly, Iowa 52240
FAX: (319) 337,9823
1319) 337,4195
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August 6, 1992
Melody Rockwell
city of Iowa city
410 E. Washington
Iowa city, Iowa 52240-1826
RE: peppe~ood Addition, Part XII
Dear Ms. Rockwell:
Let this letter serve as a waiver of the 45 day limitation period
for the preliminary plat application, of Pepperwood Addition,
Part XII.
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AUG 1 0 1992
P.P.D. DEPARTMENT
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City of Iowa City
MEMORANDUM
Date:
December 3, 1992
To: Planning and Zoning Commission
('1'.1"'-""- ,
From: Melody Rockwell, Associate Planner
Re: REZ 92-0012. Pepperwood Addition, Part XII
The attached staff report was discussed at the Planning and Zoning Commission's September
14, 1992, informal meeting. On September 17, 1992, the Commission deferred this Item to its
December 3,1992, meeting. The Commission set up a special meeting on October 29,1992,
with the Public Works staff to become more informed about sanitary sewer sarvice extensions,
plant capacity upgrades, and associated costs.
The circumstances of the case have not changed. Therefore, the staff recommendation remains:
Until the issue of sanitary sewer service for this area of the community is resolved,
development cannot proceed. Staff recommends that REZ 92.0012, the request
to rezone 6.8 acres of a 15.1-acre tract from ID-RM to RM-12, and 8,3 acres of
said 15.1.acre tract from ID.RM to RS-5 for property located east of S. Gilbert
Street and west of Sandusky Drtve on Cherry Avenue extended be deferred until
the sanitary sewer connection between the north and south treatment plants Is
constructed.
Attachment
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1. REZ92.0012. September 17, 1992, staff report and attachments.
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Approved by:
~~
Monica Moen, Senior Planner
Department of Planning and
Community Development
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City of low~ City
MEMORANDUM
Date: December 8, 1 992
To: The Honorable Mayor Darrel Courtney and Members of the City Council
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From: Tom Scott, Chair and Members of the Planning & Zoning Commission
Re: Sanitary Sewer Improvements
The Commission has recommended that REZ92-0012. the rezoning request for Pepperwood XII,
be denied, because it cannot be served by sanitary sewer In place at this time. The sanitary
sewer connection between the north and south treatment plants must be constructed before
further development In not only this west portion of the South Area of Iowa City, but also In the
west north and northeast portions of Iowa City, can occur. It is a logical consequence that If an
area cannot be sewered, then developers cannot build In that area The Commission's
recommendation to deny REZ92-0012 was made on the basis of the sewer situation only. The
Commission has not considered the rezoning request on Its own merits.
The Commission understands that Council will be evaluating sanitary sewer Improvements during
the upcoming Capital Improvements Program discussions. During the Commission's meeting with
the City Public Works Department staff on October 29, 1992, it was detennlned that a comment
of encouragement should be forwarded to Council to consider committing funds for the expansion
of the sewer system, partlculariy for the north-south sanitary sewer connection, to accommodate
growth within undeveloped areas of Iowa City, as weil as to meet the federally mandated
ammonia standards for wastewater treatment. The Commission felt a sense of urgency that
attention needs to be given to this situation now.
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City of Iowa City
MEMORANDUM
Date:
December 23, 1992
To:
City Council
~
Melody Rockwell, Associate Planner
From:
Re:
REZ92-0012. Pepperwood XII Rezoning Request
On December 15,1992, the City Council set a public hearing for January 5,1993, on the
rezoning of a 15.1 acre tract, known as Pepperwood XII, and located east of S. Gilbert Street
and west of Sandusky Drive on Cherry Avenue extended from ID-RM to RM-12 for 6.8 acres
and to RS-5 for 8.3 acres. At its December 3, 1992, meeting, the Planning and Zoning
Commission recommended denial of the requested rezoning, The Commission's recommenda-
tion to deny was based solely on the lack of sanitary sewer service available to the area. The
Commission did not evaluate the merits of the requested rezoning.
At its December 15, 1992, meeting, Council requested guidance concerning disposition of this
item. Staff recommends that Council defer the public hearing on the Pepperwood XII rezoning
to March 2, 1993. If development is to occur on the Pepperwood XII tract, a sanitary sewer
line connection between the North and South Treatment Plants will need to be constructed.
By March 2, 1993, Council will have discussed the budget and may have a better Idea of
whether the Capital Improvements Program will include funding for the treatment plants
connaction.
If sanitary sewer service is to be made available to this area through the Capital Improvements
Program, then the Council should refer the Pepperwood XII rezoning request back to the
Planning'and Zoning Commission to consider the merits of the requested rezoning. If this is
done on March 2, the Planning and Zoning Commission could review the rezoning application
at its March 18, 1993, meeting, and possibly forward a recommendation back in time for
Council consideration at the March 30, 1993, Council meeting, If the decision to connect the
treatment plants is deferred, the Council may decide to deny the rezoning raquest as recom.
mended by the Planning and Zoning Commission.
Approved by:
~~
Monica Moen, Senior Planner
Department of Planning and
Community Devalopment ,
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NOTICE Of' PlJIUC HEAIIJjO
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Notice I. her.by giv.n tilIt . public he.ring will be held by
the CIty ColllCll o1lowl CIty, Iowl, It 7:30 p.m, on the 23rd
d.y of February, 1893, In the Civic Center CMCiI
Chlmbers, low. City, Iow,; .twhlch hearing the Councll will
conaidef the foUowlng Itema:
1. A resolution .pprovlng !he volUtltlry .noexation of In
.pproximate 19, I 8 .cre trlct of land located south .nd
eut of the interllCtion of SUIlIet Street.nd Highway 1
West.
2, An ordinance emending the Zoning Ordinance to
conditionally change the use regulations of en
approximate 19.18 .cre parcelloClted south end east of
the intersection of Sunset Street .nd Highway 1 West
from the County designation5 of C.2, Commarcial, .nd
A'l, Rural, to CI,', Inten5lve Commercial, or a
combination of CC-2, Community Commercial, and CI'l,
Intensive Commercial, upon annexation.
3, A resolution amending the Iowa City Comprehensive Plan
by incorporating revised growth policies for Iowa City
into the Plan,
4, A resolution approving the voluntary annexation of an
approximate 240 acre tract, known as Windsor Ridge
Development and located east of SCO" Park, south of
Lower West Branch Road, and nOMh of American Legion
Road,
5_ An ordinance amending the Zoning Ordinance to
conditionally change the use regulations of an
approximate 240 acre tract, known as Windsor Ridge
Development and located east of Scott Park, south of
Lower West Branch Road, and nOMh of American Legion
Road, from the County designation RS, Suburban
Residential, to RS-S, Low Density Single-Family
Residential.
6, An ordinance amending the Zoning Ordinance by
adopting Section 36,' 0,5, the Neighborhood
Conservation Residential Zone (RNC.'21.
7, An ordinance amending the Zening Ordinance by
changing the use regulations of property located in the
RM,12 lone in the general vicinity of Johnson Street on
the wesl, Clapp Street on the east, Market Street on the
noMh and Jefferson Street on the south from Low
Density MUlti,Family Residential IRM,'21 to the
Neighborhood Conservatien Residential Zone IRNC.'2I,
@) An ordinance amending the Zoning Ordinance by
changing the use regulations of a 70,05 acre tract,
located noMh of Rohrel Road, between Hunters Run and
Southwest Estates subdivisions, from IO-RS, Inlerim
Development Single'Family Residential, to RS-S, Low
- Density Single.Family Residential,
., ,------,--'-":==-=.-_._Ih_M ,ordinance amending the Zoning Ordinance by
, changing the use regulations of a 14,25 acre tract,
- located nOMh of Rohret Road, between Hunters Run and
Southwest Estates subdivisions, from IO,RS, Inlerim
Development Single'Famiiy Residential, to P, Public,
Copies of the proposed resolutions and ordinances arc on
file for public examination in the office of the City Clerk,
Civic Center, Iowa City,lowa, Persons wishing to make their
views known for Council censideration arc encouraged to
appear at the above.mentioned time and place,
MARIAN K. KARR, CITY CLERK
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT Is made by and between Kennedy-Hilgenberg Enterprises (hereinafter
"Owner"), and the City of Iowa City, uniclpal Corporation (herein a er "City"),
WHEREAS, Owner has requested the City to rezone approximately 7 .05 acres of land located
north of Rohret Road between unters Run and Southwest Estate Subdivisions from ID-RS,
Interim Development Slngle-Faml y Residential, to RS-5 Low Densi Single-Family Residential;
and
WHEREAS,lowa Code ~ 414,5 (19 1) provides that the City of I a City may Impose reasonable
conditions on granting Owner's re nlng request, over and a ove existing regulations, in order
to satisfy public need directly caus d by the request chang ; and
NOW, THEREFORE, In consideration of th mut I promises contained herein, the Parties agree
as foliows:
Kennedy-Hilgenberg Enterprises Is owner and legal title holder of an approximately
71,05 acre tract of land located 0 of Rohret Road between Hunters Run and
Southwest Estates Subdivisions, ore articularly described as foliows:
WHEREAS, the 1989 Update of the mprehensive Plan onslders development of the subject
area as out-of-sequence; and
1.
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Commencing at the So thwest Co ner of Section 18, Township 79 North,
Range 6 West of the fth Principal eridian; thence NOO'53'42"E, 374,89
feet along the west I e of the South est Quarter of said Section 18 to a
point on the centerl e of Rohret Roa nd the point of beginning, Thence
NOO'53'42"E, 226 ,59 feet along said est line, said line also being the
easterly line of outhwest Estates, Pa s 1 through 4, to the Northwest
Corner of the S uthwest Quarter of said ection 18; thence N01'06'12"E,
616.40 feet al ng the west line of the No hwest Quarter of said Section
18; thence S 9'23'40"E, 1541,02 leet; then e SOO'19'07'W, 595,28 leet to
a point on t e north line of Hunter's Run Sub ivislon; thence S89'47'32'W,
223,35 Ie to the Northwesterly Corner 0 Hunter's Run Subdivision;
thence 1'23'49'W, along the west line of Hunter's Run Subdivision
1 961,15 feet to a point on the centerline of Ro ret Road; thence
S77'O 16"W along said centerline 1197,92 fe ; thence southwesterly
152.4 feet along said centerline on a 1910,00 fo radius curve, concave
sou easterly, whose 152,36 foot chord bears S74' 5'07'W to the point of
be Inning, Said tract 01 land contains 85,3 acres, ore or less, and is
sleet to easements and restrictions 01 record, ~ excluding the
I Iiowlng:
Commencing at the Southwest Corner of Section 18, Township 79 North,
Range 6 West of the Fitth Principal Meridian, thence NOO'53'42"E, along
the west line of the Southwest Quarter 374,89 feet to a point on the
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centerline of Rohret Road; thence Northeasterly 152.43 feet, along said
centerline on a 1910,00 loot radius curve, concave southea~terly, whose
152,36 loot chord bears N0l'45'07"E; thence N7r02'16"Ei 221.44 feet
along said centerline to /1e point of beginning; thenC~Nl2'57'44'W'
135,39 feet; thence N02'1 '44'W, 160.43 feet; thence NOO' 3'42"E,749,06
feet along a line paralle with the west line of the So thwest Quarter;
thence S89'31'OO"E, 675. 5 feet; thence SOl '23'49'W, 412,19 feet; thence
S24'08'31"W, 147.59 fe t; thence S13'13'45'W, J09.01 feet; thence
S01042'03"E, 1 09.1 0 feet; ence S12'37'44"E, 141,3,2 feet to a point on the
centerline 0/ Rohret Roa ' thence S77'02'16'W, 806.75 feet along said
centerline to the point of eglnnlng, Said traJ of land contains 14,25
acres, more or less, and Is s bject to easements! and restrictions of record.
/
The Parties acknowledge that devel pment of the labove-described land is considered
out,of-sequence under the resldentia developme~t sequence schedule set forth In the
/
1989 Comprehensive Plan Update an , theref9re, subject to the developer paying the
costs associated with the developmen of tisub/ect tract.
The Parties acknowledge that develop ~t of the subject tract will require an upgrade
of the Westside Trunk Sewer and the 0 er therefore agrees to certain conditions over
and above City regulations to lessen th~ pact of the development on the area.
3.
4.
In consideration of the City's rezo~lng the subject property from ID-RS, Interim
Development Slngle-Famliy Residential, to S-5, Low Density Single-Family Residential,
the Owner agrees that development and us of the subject property will conform to the
requirements of the RS-5 zone, ~s weli as th following additional conditions:
5,
Owner shall pay ail costs associated v)th development of the above.described
land Including the costs of streets, Sldev}~alkS' water mains, sanitary sewer, storm
sewer, and storm wilter detention, Ow' er further agrees to pay those out-of-
sequence costs typ 6ally subsidized or rei bursed by the City including those for
oversized water Ins, sanitary sewer Iin and storm sewer lines and the cost
of overwidth pavi g, ~
B, Owner shali p a pro rata share of the c st to upgrade the Westside Trunk
Sewer. The ty Engineer will calculate the 'wner's pro rata share of the sewer
\
upgrade/or t e approximately 71.05 acres deS~ibed above based upon a service
area of app oxlmately 700 acres,
C, No bUI~di permits for lots on the property de cribed above will be Issued until
the upgr de of the Westslde Trunk Sewer Is cO~leted'
The Owner ac owl edges that the conditions contained h rein are reasonable conditions
to Impose o~ eland pursuant to ~ 414,5 (1991) and that ~d conditions are appropriate
to satisfy pu lie needs directly caused by the requested z nlng change.
The Owner cknowledges that In the event the subject p pperty Is trans/erred, sold,
redeveloped, or subdivided, ali redevelopment will confolm with the terms of this
Agreement. \
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7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running
with the land and wJth the IWe 10 Ihe land, and shall remaIn In full force and effect as a
covenant running with the titie to the land unless or until released of record by the City.
The Parties further acknowledge that this Agreement shall Inure to the benefit of and bind
all successors, representatives and assigns of the Parties.
I
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6, The Owner acknowledges that no Ing In this Agreement shall be c;onstrued to relieve the
Owner from complying with all a pllcable local, state and feder I regulations.
9. The Parties agree that this Co ditional Zoning Agreement hall be Incorporated by
reference Into the Ordinance rez nlng the subject property; nd that upon adoption and
publication of the Ordinance, thi Agreement shall be rec rded In the Johnson County
Recorder's Office.
CITY OF IOWA CITY, IOWA
"'J,W ~~
Je Hilge~berg
Dated this day of
By:
Darrel G, Courtney, Mayor
Attest:
Marian K. Karr, City Clerk
\
STATE OF IOWA )
) 55:
JOHNSON COUNTY )
On this day of , 1993, before me,
, a lary Public In nd for the State of Iowa, personally appeared
Darrel G, Courtney and Marian Karr, to me pe sonally known, and, who, being by me duly
sworn, did say that they are the ayor and CIty CI k, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the fore Ing Instrument Is t e corporate seal of the corporation, and that
the Instrument was signed a d sealed on behalf of the corporation, by authority of Its City
Council, as contained in 0 dinance No, passed by the City Council on the
day of , 19 , and thai Darrel G, Courtney and Marian
K. Karr acknowledged the xecution of the Instrumen to be their voluntary act and deed and the
voluntary act and deed 0 the corporation, by it volu tarlly executed.
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STATE OF IOWA
)
)SS:
JOHNSON COUNTY )
On this L day of March, 1 993, before e, the underslgne ,a Notary Public In and for the State
being by me duly sworn did say that they are partn rs In Kennedy-Hilgenberg Enterprises
ppdadmlnlkennedy.cza
Approved By
~LL Jln--
City Attorney's fflee if) ( /7..]
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ORDINANCE NO,
AN ORDINANCE AMENDING THE !ONING ORDINANCE BY
CONDITIONALL Y CHANGING THE LAND USE
REGULATIONS OF APPROXIMATELY 71.05 ACRES OF
LAND LOCATED NORTH OF ROHRET ROAD BETWEEN
HUNTERS RUN AND SOUTHWEST ESTATES
SUBDIVISIONS FROM ID.RS, INTERIM DEVELOPMENT
SINGLE-FAMILY RESIDENTIAL, TO R5-5, LOW DENSITY
SINGLE-FAMILY RESIDENTIAL.
WHERE S, the applicant, Kennedy,Hilgenberg Enterprises,
has requeste that the City rezone approximately 71.05 acres
of land located orth of Rohret Road between Hunters Run and
Southwest Est tes Subdivisions from ID,RS, Interim
Development Sin e'Family Residential, to RS,5, Low Denshy
Single-Family Res ential; and
WHEREAS, deve pment of the subJeo1 tract at this time is
considered out-ol-se uence under the residential development
sequence schedule 0 the 1989 Comprehensive Plan Update;
and
WHEREAS, Iowa I w provides that the City of Iowa City
may Impose reasonable ndhlons on granting the applicant's
rezoning request, over an above existing regulations, to setisfy
public needs directly caus d by the requested change; and
WHEREAS, the Publi Works Department has determine
that development of the su eo1trao1 will require an upgrad of
the Westslde Trunk Sewer; nd
WHEREAS, the applica has agreed to develop t s area
In accordance whh the terms nd conditions of the ndltlonal
Zoning Agreement, attached h reto and made a p hereof by
this reference; and
WHEREAS, the applicant ac nowledges t t the terms and
condlllons contained In the Cond lonal Zo g Agreement are
reasonable to Impose on the Ian und Iowa Code ~14,5
(1991) and satisfy public need d ctly caused by the
requested zoning change,
NOW, THEREFORE, BE IT AINED BY THE CITY
COUNCIL OF THE CITY OF 10 A C ,IOWA, THAT:
SECTION I. APPROV , Sub) 01 to the terms and
condlllons of the attached onditlonal onlng Agreement as
authorized by ~414,5, e of Iowa ( 991), the property
described beiow Is reby reclassified from lis present
classilicatlon of ID, ,Interim Oevelopm t Slngle,Faml1y
Residential, to RS-5 Low Density Single,Fam ~ReSldentlal:
Commencing tthe Southwest Corner of o1lon 18,
Township North, Range 6 West of e Fifth
Principal erldlan; thence NOO'53'42"E, 374, 9 leet
along t west line of the Southwest Quarter said
Sectlo 18 to a point on the centerline of Rohret oad
and e point of beginning, Thenco NOO'53'4 "E,
22 ,59 feol along eald wostllno, said line also bel
t easterly line of Southwest Estates, Parts 1 through
, to the Northwest Corner of the Soulhwest Quarter
of said Section 18; thence N01'06'12"E, 616.40 feet
along the west line of the Northwest Quarter of said
Section 18; thence S89'23'40"E, 1541.02 feet; thence
SOO'19'07"W, 595,28 feot to a point on the north line
93"
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Ordinance No.
Page 2
of Hunter's Run Subdivision; thence S89'47'32'W,
223.35 feet to the Northwesterly Corner of Hunter's
Run Subdivision; thence SOl'23'49'W, along the west
line of Hunter's Run Subdivision 1961.15 feet to a
point on the centerline of Rohret Road; thence
S77'02'16'W along said centerline 1197.92 feet;
thence southwesteriy 152,43 feet along said centerline
on a 1910,00 foot radius CUlVe, concave southeaSlerly,
whose 152,36 foot chord bears S74'45'07"W to the
polnl of beginning, Said tract of land contains 85,3
acres, ore or less, and Is subject to easements and
restrl Ions of record, and exclUding the follOWing:
Co menclng althe Southwest Corner of Sectl n 18,
Town ip 79 North, Range 6 West of the Fnth PrI cipal
Merldi ,thence NOO'53'42"E, along the west line f the
Soulhw st Quarter 374,89 feetto a point on the ce lerline
of Rohre Road; thence Northeasterly 152.43 fe t, along
said cent line on a 1910,00 foot radius CUIV , concave
southeaste ,whose 152,36 foot chord bears 4'45'07"E;
thence N77 2'16"E, 221.44 feat along sal centerline to
the point of b ginning; thence N12'57'44' ,135,39 feet;
Ihence N02'1 '44"W, 160,43 feet; the ce NOO'53'42"E,
749.06 feet alo a line parallel whh e west line of the
Soulhwest Qua r; thence S89' 'OO"E, 675,85 feel;
thence SOl'23'49 W, 412,19 fe ,thence S24'08'31"W,
147,59 feet; thenc S13'13'4 W, 109.01 feel; thence
SOl'42'03"E, 109,1 eal;the eS12'37'44"E,141,32feet
to a point on the nter' e of Rohret Road; Ihence
S77'02'16'W, 806,75 f e long said centerline to the point
of beginning, Said tracl f land contains 14,25 acres, more
or less, and is subje t easemenls and restrictions of
record,
SECTION II. ZO iNG M . The Building Inspector Is
hereby authorized a directed t change the Zoning Map of
the City of Iowa Ch , Iowa, to conf m to this amendment upon
final passage, a roval, and publl tlon of this Ordinance as
provided by la
SECTIO III, CERTIFICATION D RECORDING. The
Mayor is he by authorized and directe to sign, and the City
Clerk to a at the Condillonal Zoning Ag eament betwean the
owners 0 the property and the CUy, and to ertlly a copy of this
Ordina a and Conditional Zoning Agraeme for recordation In
the J nson County Racorder's Office, upon ' al passage and
pub ation as provided by law.
SECTION IV, REPEALER. All ordinance and parts of
o inances In confllcl wUh tha provisions of this dinance are
areby rapealed,
SECTION V, SEVERABILITY, II eny section, p ovlsion or
part of the Ordinance shall be adjudged to be i valid or
unconstilutlonal, such adjudication shall not ellect the v idhyof
the Ordinance es a whole or any section, provision part
thareol not adjudgad invalid or unconslltutlonal.
SECTION VI, EFFECTIVE DATE. This Ordinance shall be
in ellact after ils final passage, approval and publication as
required by law,
93~
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Ordinance No,
Page 3
Passed and approved this
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MAYOR
ppdadm.lJ<annody, rd
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centerline of Rohret Road; thence Northeasterly 152.43 feet, alo said
centerline on a 1910,00 foot radius curve, concave southeaster ,whose
152,36 foot chord bears N74'45'07"E; thence N77"02'16"E, 1.44 feet
along saId centerline to the poInt of beginning; thence 12'57'44'W,
135.39 feet; thence N02'17'44'W, 160.43 feet; thence NOO' '42"E, 749,06
feet along line parallel with the west line of the So hwest Quarter;
thence S89'3 'OO"E, 675.85 feet; thence S01'23'49'W, 2.19 feet; thence
S24'08'31'W, 7.59 feet; thence S13'13'45'W, 9.01 feet; thence
S01'42'03"E,109. o feet; thence S12'37'44"E, 141. feet to a point on the
centerline of Rohre Road; thence S77"02'16'W 806,75 feet along said
centerline to the po t of beginning. Said tr t of land contains 14,25
acres, more or less, an Is subject to easeme and restrictions of record,
2, The Parties acknowledge that d velopment of th above-described land is considered
out-of-sequence under the reside lal develop nt sequence schedule set forth In the
1989 Comprehensive Plan Update nd, there re, subject to the developer paying the
costs associated with the developme t of th subject tract.
3, The Parties acknowledge that develop t of the subject tract will require an upgrade
of the Westslde Trunk Sewer and the 0 er therefore agrees to certain conditions over
and above City regulations to lessen tel act of the development on the area,
4, In consideration of the City's rez ing of e subject property from ID-RS, Interim
Development Slngle.Famlly Resld tial, to RS. Low Density Single-Family Residential,
the Owner agrees that developm nt and use of e subject property will conform to the
requirements of the RS-5 zone, s well as the fol wing additional conditions:
A. Owner shall pay all c sts associated with velopment of the above-described
land Including the c ts of streets, sidewalks, ater mains, sanitary sewer, storm
sewer, and storm ater detention, Owner fu her agrees to pay those out-of.
sequence costs ty, Ically subsidized or relmburs d by the City Including those for
oversized water alns, sanitary sewer lines and torm sewer lines and the cost
of overwidth pa lng,
8,
Owner shall ay a pro rata share of the cost to u grade the Westslde Trunk
Sewer, The ity Engineer will calculate the Owner's 0 rata share of the sewer
upgrade fo the approximately 71,05 acres described alj ve based upon a service
area of a roxlmately 700 acres,
C,
No bull ng permits for lots on the property described abo e will be Issued until
the up rade of the Wests Ide Trunk Sewer Is completed,
D,
After completion of the Westside Trunk Sewer upgrade, 0 ner may obtain
bull Ing permits for no more than 52 lots on the property descrl ed above prior
to ecember 31, 1 995, or the upgrade of Rohret Road, whlchev occurs first.
T e 52 lots for which building permits may be Issued must be locate ontiguous
the public school site,
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STAFF REPORT
To: 'Planning & Zoning Commission
Prepared by: Charles Denney
Item: REZ 92-0016. Kennedy-Hilgenberg
Enterprises Rezoning
Date: January 21. 1993
GENERAL INFORMATION:
Applicant:
Kennedy-Hilgenberg Enterprises
c/o J. R. Kennedy
1811 North Dubuque Road
Iowa City, IA 52240
Phone: 338~2192
Requested action:
Rezoning from ID-RS to RS-5 and P.
Purpose:
To allow a future residential subdivision
on 71 acres and construction of an
elementary school on a 14 acre site.
Location:
North of Rohret Road between Hunters
Run and Southwest ,Estates
subdivisions.
Size:
85.3 acres.
Comprehensive Plan:
Residential, 2-8 Dwelling Units/Acre
(out-of-sequence development!.
Existing land use and zoning:
Agriculture; ID-RS.
Surrounding land use and zoning:
North. Agriculture; ID-RS.
East - Residential; RS-5.
South - Agriculture; ID-RS.
West - Rasidential; RS-5.
File date:
December 17,1992.
45-day limitation period:
February 1, 1993.
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BACKGROUND:
Kennedy-Hilgenberg Enterprises has submitted an application to rezone approximately 85
acres of land, located north of Rohret Road between Hunters Run and Southwest Estates
subdivisions, from ID-RS to RS-5 and P. Approximately 71 acres are proposed to be
developed as single-family residential and the remaining 14 acres are proposed to be used for
an elementary school.
ANALYSIS:
ComDrehensive Plan. Based on the 1989 Comprehensive Plan Update, development of this
property is considered to be out-of-sequence development. Consequently, this site is given
an interim development liD) zoning designation. The lack of adequate infrastructure to serve
areas west Qf U.S. Highway 218 constrains the ability of this area to support additional
development. Lack of capacity in the Westside Trunk Sewer and the need for an upgrade of
Rohret Road to arterial street standards are the specific infrastructure deficiencies affecting
this site, and will be discussed later in this report. Due to these deficiencies, the Southwest
Area Study section of the Comprehensive Plan recommends that, excluding the Hunters Run
Subdivision, residential development should be confined to areas east of U.S. 218. Because
these deficiencies are not expected to be remedied soon, staff feels this recommendation is
still valid today. Consistent with the City's out-of-sequence development policy, if the
requested rezoning is approved, the developer will be required to absorb all costs associated
with the development. These costs include items usually subsidized by the City including
overwidth pavement, oversized water and sewer lines and required sewer upgrades,
Sanitarv Sewer. Sanitary sewer service in this area of Iowa City is constrained due to the
situation with the Westside Trunk Sewer near West High School, where an 18" sanitary
sewer main feeds into a 10" sanitary sewer main. The Public Works Department is currently
measuring the existing fiow in the 10" main in an effort to determine how much additional
capacity remains in the line. Development of this property as a residential subdivision may
require an upgrade of this sanitary sewer line. Even if the Westside Trunk Sewer is upgraded,
capacity problems with the Southwest Interceptor Sewer, in the vicinity of Sunset Street and
Highway 1, may also impact development of the west side of Iowa City in the future. Neither
of these sanitary sewer upgrades are currently included as funded projects in the proposed
two.year Capital Improvements Program.
Sanitary sewer capacity is available for the elementary school. A school has a different peak
hour of use from residential uses and would be able to take advantage of low flow periods in
the sanitary sewer system.
~. Access to the subject parcel is provided via Rohret Road, which is expected, in the
long run, to function as an east-west arterial trafficway. However, Rohret Road is currently
constructed with a rural cross-section. The addition of the proposed elementary school and
residential uses would increase pressure on the City to improve Rohret Road. This
improvement is not included as a funded project in the City's proposed two.year Capital
Improvements Program, In addition, on April 8, 1986, the City Council resolved (#86-1011
93~
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3
that no public improvements would be made to Rohret Road west of U.S. 218 or Slothower
Road before 1998.
STAFF RECOMMENDATION:
Staff recommends that the request by Kennedy.Hilganberg Enterprises to rezone the subject
parcel from ID-RS to RS-5 be denied due to the lack of sanitary sewer capacity to serve the
site, and the need to upgrade Rohret Road. Staff further recommends that the request to
rezone 14.25 acres from ID.RS to P be approved, subject to conveyance of title for the
property to the Iowa City Community School District, and acknowledging that this approval
may accelerate the need to upgrade Rohret Road.
ATTACHMENTS:
1. Location Map.
2. Reduced copy of concept plan.
I
Approved by:
?/fmv.cc.' ~
Monica Moen, Senior Planner
Department of Planning and
Community Development
\lnDOle.cd
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by
the City Council of Iowa City, Iowa, at 7:30 PM on the 27th
day of April, 1993, in the Civic Center Council Chambers,
Iowa City, Iowa; at which hearing the Council will consider
the foi/owing items:
1. An ordinance amending the Zoning Ordinance by changing
the use regulations of an approximate 13,98 acre tract of
land located southwest of Teg Drive and east of the
western section of Aber Avenue from RS-S, Low Density
Single,Family Residential, to P, Public,
2. A resolution approving the voluntary annexation of an
approximate 6.92 acre tract of land located south of SCali
~ark and north of Fairview Golf Course,
3. An ordinance amending the Zoning Ordinance bV condl.
tionai/v Changing the use regulations of an approximate
6,92 acre tract located south of SCali Park and north of
Fairview Golf Course from County RS, Suburban Residen-
tial, to ID.RS, Interim Development Single.Famlly Residen.
tial,
Copies of the proposed ordinances and resolution are on
file for public examination in the office at the City Clerk,
Civic Center, Iowa Citv, Iowa. Persons wishing to make their
views known for Council consideration are encouraged to
appear at the above,mentioned time and place.
MARIAN K, KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDIT/ONALL Y CHANGING
THE USE REGULATIONS OF AN
APPROXIMATE 6.92 ACRE TRACT LOCATED
SOUTH OF SCOTT PARK AND NORTH OF
FAIRVIEW GOLF COURSE FROM COUNTY RS,
SUBURBAN RESIDENTIAL, TO ID-RS, INTERIM
DEVELOPMENTSINGLE,FAMIL YRESIDENTIAL.
WHEREAS, he subject property is presently
located outside he Iowa City corporate limits;
and
WHEREAS, the owner of said property,
Mitchell-Phipps, has etitioned the City of Iowa
City for voluntary an exation and the City is
proceeding with same; nd
WHEREAS, pursuant t Iowa Code 136B,7,
annexation of the prope must be approved
by both the City and the City Development
Board; and
WHEREAS, pursuant to the nnexation policy
of the Comprehensive Plan of e City of Iowa
City, the proposed rezoning is ubject to th
developer agreeing to pay all f the co s
associated with providing infra tructure for
development of the subject tract; nd
WHEREAS, Iowa law provides th t e City
of Iowa City may impose reasonable nditions
on granting the applicant's rezoni request,
over and above existing regulatio ,t satisfy
public needs directly caused by e re ested
change; and
WHEREAS, the Applican has agree to
develop this property in ac ordance with the
terms and conditions of Conditional Zon g
Agreement to ensure appropriate urb n
development on the ea ern edge of Iowa Cit
NOW, THEREFORE, E IT ORDAINED BYTH
CITY COUNCIL OF E CITY OF IOWA CITY,
IOWA, THAT:
E I N I. PP VAL. Subject to the City
Development Bard approving the requested
annexation of he property described below
into the City f Iowa City and subject to Iowa
Code 1414, and the terms and conditions of
the Condi 'onal Zoning Agreement, attached
hereto a incorporated by reference herein,
the pro erty is hereby reclassified from its
presen classification of County RS, Suburban
Resid ntial, to ID-RS, Interim Development
Sin e.Family Residential:
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Ordinance No,
Page 2
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Commencing at the Northeast Corner of the
Northwest Ouarter of Section 18,
Township 79 North, Range 5 West of the
5th P,M.; Thence S00002'42"E, 337.00
feet on the East line of said Northwest
Quarter to the Point of Beginning; Thence
S00002'42"E, 370,38 feet on said East
line; Thence N89028'11 oW, 1217.03 feet;
Thence N36018'05"E, 12.86 feet; Thence
N56021 '31'E, 40B.32 feet; Thence
NB5044'22"E, 297, feet; Thence
N78049'21 "E, 326.9 feet; Thence
N81 037'27"E, 254,40 f t to the Point of
Beginning. Said tract ontainlng 6,92
acres, more or less, and is subject to
easements and restrictions record.
SECTION II, ZONiNG MAP. The Building
Inspector is hereby authorized an directed to
change the Zoning Map of the ty of Iowa
City, Iowa, to conform to this amen ent upon
final passage, approval, and publica 'on of this
ordinance as provided by law and n titicati
from the City Development Board that he
annexation is completed,
E T III DITI NAL AGRE ENT.
The Mayor is hereby authorized and dj e ted to
sign, and the City Clerk to ftes the
Conditional Zoning Agreement etwee the
owners of the property and th City, a d to
certify the ordinance and Co ditional Zo ing
Agreement for recordation in the John on
County Recorder's Office following pass e
and approval, and subje to notification fro
the City Developm t Board that th
annexation is com pie ,
EVE LE, All ordinances and
parts of ordina es in conflict with the
provisions of is Ordinance are hereby
repealed,
E V
provision part of the Ordinance shall be
adjudged be invalid or unconstitutional, such
adjudic~ Ion shall not affect the validity of the
ordt'n nce as a whole or any section, provision
or art thereof not adjudged invalid or
un nstltutional.
SECTION VI, EFFECTIVE DATE, This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
by law.
Passed and approved this
1./3'
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Ordinance No.
Page 3
MAYOR
ATTEST:
CITY CLERK
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NOTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing will
be held by the Cny Council of Iowa City, Iowa, at
7:30 P,M. on the 11th day of May, 1993, In the
Civic Center Council Chambers, Iowa City, Iowa;
al which hearing the Council will consider the
aOWlng nems:
1. n ordinance amending the Zoning Ordinance
by adopting Section 36-82(d) to permn, on a
case.by-case basis, construction of a single-
family dweillng on a lot of record which falls to
meet the requirements of the zone for lot
area.
2, An ordinance amending the Zoning Ordi-
nance by condnlonally changing the use
regulations from RS.5, Low Density Slngle-
Family Residential, to OPDH'5, Planned
Development Housing Overiay, and approv-
Ing an OPDH plan for an approximate 55.14
acre tract of land located west of Scoff Boule.
vard and north of the Iowa Interstate Raimay.
Caples of the proposed ordinances are on file for
public examlnallon In the office of the Cny Clerk,
Civic Center, Iowa City, Iowa, Persons wishing
to make their views known for Council consider-
ation are encouraged to appear at the above-
mentioned time and place.
MARIAN K. KARR, CITY CLERK
ppdod".;,\50I1,NPH
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City of Iowa City
MEMORANDUM
Date:
April 15, 1993
To:
Planning and Zoning Commission
Melody Rockwell,~Planner
From:
Re:
Contiguous Nonconforming Lots of Record in Single Ownership
Kevin Hanick has submitted a request for a variance to permit the construction of a single-
family residence on or the relocation of a single-family residence to a 60' x 125' vacant lot
of record with frontage on Davenport Street. A house exists on the lot directly north of the
vacant lot in question, and has frontage on Cedar Street. (See attached site plan,) The lot
in question and the lot directly north of it were platted separately, but are now under one
ownership. The two contiguous lots under one ownership are, according to the Zoning
Ordinance, considered one property. Because the 7,500 square foot vacant lot on the south
does not meet the 8,000 square foot minimum lot area requirement for the RS.5 zone, the
two lots cannot be divided to permit the addition of a single-family residence facing Davenport
Street.
The relevant section of the Code: Section 36.82(c) -If two or more abutting lots or portions
thereof become in single ownership, the land involved shall be deemed a single parcel for the
purposes of this Chapter and no portion of said parcel shall be sold or used in a manner which
diminishes compliance with lot frontage, width and area requirements,
However, Section 36-82(a) was amended in June 1992, to permit a single-family dwelling and
accessory buildings to be erected on any lot of record on the effective date of this ordinance,
notwithstanding its failure to meet the requirements of the zone for lot area. That is, if the
lots had remained under separate ownership, a single-family residence would be permitted on
the vacant lot to the south,
While reviewing Hanick's request for a variance, staff discussed similar circumstances in
which the placement of a single-family residence on a lot of record was obstructed by the
single ownership of the property and the cited provisions of the Code, It was felt that there
were circumstances in which construction of a single-family dwelling on a nonconforming lot
of record would be appropriate despite the conformity and ownership issues, One concern
raised was that of the need to reduce unnecessary barriers to providing affordable housing.
Some of these lots of record, if buildable, could provide opportunities for lower cost housing
due to their small size and location.
To encourage appropriate infill development. it is staff's view that a provision should be made
in the ordinance to permit, in certain cases, a single-family residence and accessory buildings
on a nonconforming lot of record that has become part of another property through common
ownership. Staff recommends the special exception process as the means to review the
circumstances on a case-by.case basis to ensure appropriate, compatible residential develop.
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ment and allow for neighborhood input. Because of the stringency of the tests of hardship
for variance applications, the variance process did not seem to be the appropriate route to
take to resolve such cases.
Staff requests consideration to amend the ordinance by adding the following special exception
provision to Section 36-82, nonconforming lots:
(d) In cases where a lot of record is contiguous to and considered part of another
property, because it is in single ownership, the Board of Adjustment may grant e
special exception to permit a single-family dwelling and accessory buildings to be
erected on the lot of record notwithstanding a failure to meet the requirements of the
zone for lot area, but provided that the granting of the specific requested exception
would result in appropriate, compatible development with surrounding residential
development and would meet all other requirements of this Chapter, including setback
and frontage requirements.
ATTACHMENTS:
1. Site Plan: 1333 Cedar Street.
2. Recommended Amendment of Section 36-82, Nonconforming Lots.
Approved by:
~~
Monica Moen, Senior Planner
Department of Planning and
Community Development
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1333 Cedar Street
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Attachment 2
Proposed amendment of SectIon 36.82, nonconforming lots, by adding subsection /d):
Sec. 36.82. Nonconforming lots.
Development of nonconforming lots shall be regulated as follows:
(a) Any use or structure for a use permitted in the zone in which the lot is located may be
established or erected, provided the use or structure meets all other requirements of
this Chapter. No use or structure for a use, either one of which requires more lot area
than presently exists, shall be permitted, except, however, in any zone in which single-
family dwellings are permitted, a single-family dwelling and accessory buildings may
be erected on any lot of record on the effective date of this ordinance, notwithstanding
its failure to meet the requirements of the zone for lot area. (Ord, 92-3541, 06-09-92)
(b) All existing conforming or nonconforming uses and structures shall be treated as if
such uses and structures were established on a conforming lot. However, no use nor
structure for a use, either one of which requires more lot area than presently exists and
the structure of which has been destroyed or damaged by fire, explosion, act of God,
or by a public enemy to the extent of 100% or more of the structure's assessed value,
shall be restored except in compliance with the provisions of this Chapter.
(c) If two or more abutting lots or portions thereof become in single ownership, the land
involved shall be deemed a single parcel for the purposes of this Chapter and no
portion of said parcel shall be sold or used in a manner which diminishes compliance
with lot frontage, width and area requirements.
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ORDINANCE NO, 93-3571
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF AN
APPROXIMATE 5.59 ACRE TRACT lOCATED
NORTH OF AMERICAN lEGION ROAD ATTHE
NORTH TERMINUS OF OWL SONG LANE SE,
FROM THE COUNTY DESIGNATION OF RS,
SUBURBAN RESIDENTIAL, TO RS.5, LOW
DENSITY SINGlE.FAMILY RESIDENTIAL.
WHEREAS, the subject property Is presently
located outside the Iowa City corporate limns;
and
WHEREAS, the owner of said property,
Windsor Ridge Development Co., has petnJoned
the Cny of Iowa Cny for voluntaJy annexation and
the Cny Is proceeding wnh same, subject to Cny
Development Board approval of the 240 acre
Windsor Ridge annexation; and
WHEREAS, pursuant to Iowa Code ~368,7,
annexation of the proparty must be approved by
both the Cny and the City Development Board;
and
WHEREAS, pursuant to the annexation policy
of the Comprehensive Plan of the Cny of Iowa
Cily, the proposed rezoning Is subject to the
developer agreeing to pay all of the costs
associated wnh providing Infrastructure for
development of the subject tract; and
WHEREAS, Iowa law provides that the City of
Iowa Cily may Impose reasonable condnlons on
granting the Applicant's rezoning request, over
and above existing regulations, to satisfy pUblic
needs directly caused by the requested change;
and
WHEREAS, the Cny wants to ensure
appropriate allocations and suilabilny of neighbor-
hood open space; and
WHEREAS, the Applicant has agreed to
develop this property In accordance wilh the
terms and conditions of a Conditional Zoning
Agreement to ensure appropriate urban develop.
mant on the eastern edge of Iowa Cily.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCil OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. APPROVAL, Subject to Cily
Development Board approval of the 240 acre
Windsor Ridge annexation and epproval of the
requested annexation of the property described
below Into the Cily of Iowa Cily and subject to
Iowa Code ~414,5 and the terms and conditions
of the Conditional Zoning Agreement, attached
hereto and Incorporated by roference herein, the
prOporty Is hereby reclassilied from ils prosent
classillcation 01 County RS, Suburban
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Ordinance No, ..i1::.l51L
Page 2
Residential, to RS-5, Low Density Single-Family
Res/dentlal:
Lot 1. Pennlngroth Park Addilion, Johnson
County, Iowa, according to the plat thereof
recorded In Book 26, Page 79, Plat Records
of Johnson County, Iowa,
EXCEPTING THEREFROM:
Commencing at the Southwest Corner of the
Southeast Quarter of Section 18, Township
79 North, Range 5 West, of the Fifth
Principal Meridian; Thence NOO'26'11'W
along the West Line of said Southwest
Quarter, 2409.14 feet to a point on the
Centertlne of Amarlcan Legion Road;
Thence S67'40'24'E along said Centertlne,
1104,90 feet to the Point of Beginning;
Thence NOO'12'00'W, 1130,01 feet; Thance
N37'16'21"E, 175,37 feet; Thence
SOl'28'11"E, 79.89 feet; Thence
S37'16'21"W, 96,10 feet, Thence
SOO'12'01"E, 1133,78 feet to a Point on the
Centerline of American Legion Road;
Thence N67'41'27'W, 54,14 feet to the
Point of Beginning, The resultant tract
contains 5.59 acres, more or less and Is
subject to easements and restrictions of
record,
SECTION II. ZONING MAP, The Building
Inspector Is hereby authorized and directed to
change the Zoning Map of the Cily of Iowa Cily,
Iowa, to conform to this amendment upon final
passage, approval and publication of this
Ordinance as provided by law and nomicatlon
from the Cily Development Board that the
annexation Is complated.
SECTION III, CONDITIONAL AGREEMENT.
The Mayor Is hereby authorized and directed to
sign, and the City Clerk to aUest, the Conditional
Zoning Agreement between the owners of the
property and the Cily, and to certlly the ordinance
and Conditional Zoning Agreemant for
racordatlon In the Johnson County Recorder's
Office, following passage and approval, and
subject to notlllcatlon from the City Development
Board that the annexation Is complete,
SECTION IV, REPEALER. All ordinances and
parts of ordinances In conflict wilh the provisions
of this Ordinance are hereby repealed,
SECTION V, SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be Invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged Invalid or unconstitu-
tional,
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Ordinance No. 93-3571
Page 3
SECTION VI. EFFECTIVE DATE, This
Ordinance shall be In effect after lis tlnal
passaga, approval and publication, as provided
by law,
Passed and approved this 11 th day of Hay,
1k~
MAYOR
ATTEST: Ii?.~.f. .fiUV
CITY CLERK
Approved by
ppdadmln\windsor1.ord
(iL
Y /;X/93
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It was moved by HcDonald and seconded by
as read be adopted, and upon roll call1here were:
Ambrisco
that the Ordinance
AYES:
NAYS:
ABSENT:
x
x
x
x
Ambrisco
Courtney
Horowitz
Kubby
x
x
McDonald
Novick
First Consideration 4/27/93
Vote for passage: AYES: Horowitz, Kubby, Novick, Ambrisco,
Courtney. NAYS: None. ABSENT: HcDonald.
Second Consideration ------------------
Vote for passage:
Date published ,/In/n1
Hoved by HcDonald, seconded by Ambrisco, that the rule requiring olldinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time. AYES: Courtney, Horowitz, Kubby, flcDonald, Novick,
Ambrisco. NAYS: None. ABSENT: None.
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT Is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter 'City") and Windsor Ridge Development Co" an Iowa Corporation (hereinafter
"Owner").
WHEREAS, Owner has requested the City to annex and rezone approximately 5.59 acres of land
located north of American Legion Road at the north terminus of Owl Song Lane SE legally
described below, from the County designation of RS, Suburban Residential to RS-5, Low Density
Single-Family Residential; and
WHEREAS, Iowa Code ~ 414.5 (1991) provides that the City of Iowa City may impose reasonable
conditions on granting Owner's rezoning request, over and above existing regulations, to satisfy
public needs directly caused by the requested Change; and
WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed
rezoning Is subJect to the developer agreeing to pay ali of the costs associated with providing
Infrastructure for development of the subject tract; and
WHEREAS, the City wishes to ensure the appropriate aliocation and suitability of neighborhood
open space; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to
ensure appropriate urban development on the eastern edge of Iowa City.
NOW, THEREFORE, In consideration of the mutual promises contained herein, the Parties agree
as follows:
1. Windsor Ridge Development Co. is the owner and legal tille holder of the property located
north of American Legion Road at the north terminus of Owl Song Lane SE, which
property Is more particularly described as foliows:
Lot 1, Pennlngroth Park Addition, Johnson County, Iowa, according to the
plat thereof recorded In Book 26, Page 79, Plat Records of Johnson
County, Iowa.
EXCEPTING THEREFROM:
Commencing at the Southwest Corner of the Southeast Quarter of Section
18, Township 79 North, Range 5 West, of the 5th Principal Meridian;
Thence NOO'26'11' W along the West Line of said Southwest Quarter,
2409.14 feet to a point on the Centerline of American Legion Road; Thence
S67040'24" E along said Centerline, 1104.90 feet to the Point of Beginning;
Thence NOO'12'00' W, 1130.01 feet; Thence N37016'21" E, 175.37 feet;
Thence SOl028'11' E, 79.89 feet; Thence S37016'21" W, 96.10 feet,
Thence SOo012'01 "E, 1133.78 feet to a Point on the Centerline of American
Legion Road; Thence N67041 '27' W, 54.14 feet to the Point of Beginning.
The resultant tract contains 5.59 acres, more or less, and Is sUbJect to
easements and restrictions of record.
2. The Parties acknowledge that, pursuant to the annexation polley contained In the City's
Comprehensive Plan, the proposed rezoning is sUbJect to the developer agreeing to pay
all of the costs associated with providing Infrastructure for development of the subject
tract.
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3. Owner acknowledges that the City wishes to ensure appropriate allocation of
neighborhood open space, and therefore agrees to certain conditions over and above City
regulations to lessen the Impact of the development on the area.
4. In consideration of the City's rezoning of the subject property from County RS, the Owner
agrees that development and use of the subject property will conform to the requirements
of the RS-5, Low Density Single-Family Residential Zone, as well as the following
additional condillons:
a, Owner shall pay all of the costs associated with providing Infrastructure for
development of the subject tract.
b, Owner shall dedicate .127 acre of open space In addition to and incorporated as
part of the 6.9 acres of open space required of the original 240 acre Windsor
Ridge tract. The location of the open space shall be negotiated with the City of
Iowa City.
5. The OWner acknowledges that the conditions contained herein are reasonable conditions
to Impose on the land under Iowa Code ~ 414.5 (1991), and that said conditions satisfy
public needs which are dlrectiy caused by the requested zoning change,
6. The Owner acknowledges that In the event the subject property Is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running
with the land and with titie to the land, and shall remain in full force and effect as a
covenant running with the tltie to the land unless or until released of record by the City.
The Parties further acknowledge thai this Agreement shall inure to the benefit of and bind
all successors, representatives and assigns of the Parties.
\
8. The OWner acknowledges that nothing In this shall be construed to relieve the Applicant
from complying with all applicable local, state and federal regulations,
9. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference Into the Ordinance rezoning the subject properly; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded In the Johnson County
Recorder's Office,
Dated this /l1~ day of 7l1AA;J~
,1993.
WINDSOR RIDGE DEVELOPMENT CO.
CJY O~ IOWA CITY_ .
By ./ Utvr:zf-
Darrel G, Courtney, Mayo
Allest: 7It~ .,f. .,I!cwJ
Mar an K. Karr, City Clerk
B
Gary Wa s, Senior Vice President
qfo
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STATE OF IOWA )
) ss:
JOHNSON COUNTY )
.Qn.thls I/-I~ day of T(\ClAf. ,1993, before me, SOnrlV"A.-L
+;;..t . a Notary Public in and for the State of Iowa, personally
appeared Darrel G, Courtney and Marian K. Karr, to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa
City, Iowa; that the seal affixed to the foregoing instrument Is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained In Ordinance No. f{3- 35? 1 passed by the City
Council on the (/-li, day of '1Y\a.,; , 19A-, and that Darrel G,
Courtney and Marian K. Karr acknowledged th!l' execution of the instrument to be their VOluntary
act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
sC>\~ ~
Notary Public In and for the State of Iowa
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On thls30"l1lday of ~ , 1993, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Lowell Swartz and Gary Watis, to me personally
known, who being by me duly sworn did say that they are the President and Senior Vice
President, respectively, of the corporation executing the within and foregoing instrument, that no
seal has been procured by the corporation; that said Instrument was signed on behalf of the
corporation by authority of its Board of Directors; and that Lowell Swartz and Gary Watts as
officers acknowledged the execution of the foregoing Instrument to be the voluntary act and deed
of the corporation, by it and by them voluntarily executed,
*
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April 28, 1993
Melody Rockwell
City Planning Department
Civic Center
410 East Washington Street
Iowa City, IA 52240
Subject:
Windsor Ridge application to annex approximately 6
acres (Lyon Tract)
We understand that we need to request acceleration of the zoning
actions on this property in order to make this application mesh
with the larger one at the State level.
This letter authorizes you to proceed with any necessary actions to
coordinate the two applications.
:1;4;' ~~
Lowell Swartz, President
Windsor Ridge Development Company
---.---
f. . RSCEIVEDJ
..' APR 2 8 1993 \
. .P.D. OEPARTA/
91/0
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ORDINANCE NO. 93-3572
AN ORDINANCE AMENDING CHAPTER B, ARTICLE II, THE BUILDING CODE, BY ADOPTING THE
UNIFORM BUILDING CODE STANDARDS, 1991 EDITION AND THE 1991 EDITION OF THE UNIFORM
BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND
PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE
HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION 1. PURPOSE, The purpose of this ordinance is to adopt the Uniform Building Code
Standards 1991 Edition, and the 1991 Edition of the Uniform Building Code as prepared and edited by
the International Conference of Building Officials; and to provide for certain amendments thereof; to
provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa and
provide for its enforcement.
SECTION 2. Section 8-16 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed
and the following new Section 8,16 is enacted in lieu thereof,
Sec, B-16. Adopted.
Subject to the following amendments the Uniform Building Code Standards 1991 Edition and the
1991 Edition of the Uniform Building Code are hereby adopted and shall be known as the Iowa City
Building Code, or the Building Code, Interpretations of the Building Officials shall be guided by the
UBC applicationflnterpretation manual.
SECTION 3. Section 8-17 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed
and the following new section B-17 is enacted in lieu thereof,
Sec, B-17. Amendments.
The following sections of the 1991 Edition of the Uniform Building Code IUBC) are amended to read
as follows:
111 Delete Section 3011b) and insert in lieu thereof the following:
Ib) Exempted work. A building permit shall not be required for the following:
1. One-story detached accessory buildings used as tool and storage sheds, playhouses and
similar uses, provided the floor area does not exceed one hundred forty-four (144)
square feet,
2, Fences not over six (6) feet high.
3, Oil derricks.
4, Movable cases, counters and partitions not over five (51 feet nine (9) inches high,
5, Retaining walls which are not over four 141 feet in height measured from the top of the
footing to the top of the wall unless the wall supports a surcharge or impounds
flammable liquids,
6. Water tower supported directly upon grade if the capacity does not exceed five
thousand 15,000) gailons and if the ratio of height-to'diameter or width does not exceed
2:1.
7, Walks and driveways which do not extend over any basement or story below,
8, Painting, papering and similar finish work,
9, Temporary motion picture, television and theater sets and scenery,
10, Window awnings supported by an exterior wall of a Group R Division 3 and Group M
occupancies when projecting not more than fifty-four 154) inches,
11. Prefabricated swimming pools, accessory to a Group R Division 3 occupancy in which
the pool walls are entirely above the adjacent grade if the capacity does not exceed five
thousand 15,000) gallons and is less than eighteen (181 inches In depth,
12. Reapplication of shingles and siding of Group R Division 3 and Group M occupancies
if structural alterations are not required,
Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be
required for the above exempted items, Exemption from the permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in violation
of the provisions of this code or any other laws or ordinances of this jurisdiction.
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Ordinance No, 93-3572
Page 2
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(2) Add a new paragraph to the end of Section 3031dl, Permits, Expiration; as follows:
For the purpose of this section, the building or work authorized shall be considered suspended
or abandoned unless more than ten percent (10%) of the total cost of all construction,
erection, alteration, enlargement, repair, demolition, or other work covered by the permit is
completed within one hundred eighty (180) days after the issuance of the permit, including
any and all subsequent one hundred eighty (1801 day periods thereafter, but in no event shall
the permit be effective unless the work covered by the permit is completed within twenty-
four 124) months of the date on which the original permit was issued,
131 Add a new subsection III to Section 303 as follows:
(II Demolition permits, The applicant for any demolition permit shall state on the
application the proposed disposal plans for all demolition materials, No demolition
permit shall be issued until seven m working days after the date an application has
been properly filed, and said demolition permit shall not be effective until applicant has
posted the premises to be demolished with a notice to be provided by the City and as
directed by the City, provided, however, that accessory buildings as defined in the Iowa
City Code of Zoning Ordinances and having no historic significance shall be exempt
from said notice requirement.
(4) Delete subsection (b) and (c) of Section 304 and insert in lieu thereof the following:
Ib) Permit fees, The fee for each permit shall be as set forth in the building permit fee
schedule as established by resolution of the City Council, The determination of value
or valuation under any of the provisions of this code shall be made by the Building
Official. The value to be used In computing the building permit and building pian review
fees shall be the total value of all construction work for which the permit is issued, as
well as all finish work, painting, roofing, site grading, paving, landscaping, elevators,
fire extinguishing systems and other permanent equipment.
(c) Plan review fees, When a plan or other data are required to be submitted by Section
3021b) and the value of the proposed building or work exceeds $15,000, a plan review
fee shall be paid before the permit may be issued, Should the project be abandoned
and the permit not issued after the plan review has been started, the plan review fee
shall still be due and payable. The plan review fee shall be as set forth by resolution
of City Council,
(51 Delete exception to Section 308(a) and insert in lieu thereof the following:
Exceptions: Group M Occupancies.
(6) Delete Table 3-A,
(7) Delete the definition of "family" in Section 407 and insert in lieu thereof the following:
Family is an individual or two (2) or more persons related by blood, marriage, adoption or
placement by governmental or social service agency, occupying a dwelling unit as a single
housekeeping organization, A family may also be two (21, and not more than two 121.
persons not related by blood, marriage or adoption.
18) Delete the definition of "guest" In Section 408 and insert in lieu thereof the following:
Guest. An individual who shares a dwelling in a non'permanent status for not more than
thirty (30) days.
(9) Delete the definition of 'hotel' in Section 409 and insert in lieu thereof the following:
Hotel. A residential building licensed by the state and occupied and used principally as a
place of lodging for guests,
(101 Add a definition of "rooming house" to Section 419 as follows:
Rooming House, Any dwelling or that part of any dwelling containing one (1) or more
rooming units in which space is let by the owner or operator to four 141 or more roomers,
(11) Add a definition of "truss" to Section 421 as follows:
Truss. Truss is a pre'bullt and engineered component employing one or more triangles in its
construction or an approved design and engineering component that functions as a structural
support member,
112) Amend the first sentence of Section 1201, Division I. to read as follows:
Division 1: Hotels, apartment houses, congregate residences (each accommodating more
than ten (101 persons I and rooming houses,
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Ordinance No, 93-3572
Page 3
(13) Delete Section 1205(bl and insert in lieu thereof the following:
(b) Light. Guest rooms and habitable rooms within a dwelling unit or congregate residence
shall be provided with natura/light by means of exterior glazed openings with an area
not less than 1/8 the floor area of such rooms with a minimum of eight (81 square feet,
Exceptions: 1, Kitchens need not be provided with natural light bV means of exterior
glazed openings provided equivalent artificial light is provided,
2. In basements of Division 3 occupancies constructed prior to the adoption
of the 1988 edition of the Uniform 8uilding Code, natural light need not
be supplied to habitable rooms provided equivalent artificial light is
supplied and an escape or rescue window or door is provided in the
basement in accordance with Section 1204, All sleeping rooms shall
contain an escape or rescue window or door within the room.
1141 Delete the first paragraph of Section 12051c) and insert in lieu thereof the following:
Icl Ventilation: Guest rooms and habitable rooms within a dwelling unit or congregate
residence shall be provided with natural ventilation by means of open exterior openings
within an area of not less than 1/25th of the floor area of such room, and in no event
less than four (41 square feet,
(15) Add two exceptions to Section 1207(a) DS follows:
Exceptions: 1. Ceiling height In Division 3 occupancies may be reduced to six (61 feet eight
181 inches for mDin support beams and mechanical ducts provided the
prescribed ceiling height is maintained in at least two,thirds (2/3) of the
room,
2, The ceiling height in basements of Division 3 occupancies which existed
prior to the adoption of the 1988 Uniform 8uiiding Code may be reduced to
seven 17) feat,
116) Add a paragrDph to the end of Section 1213 as follows:
Every room containing a boiler, central heating plant, or water heater in Division 1
Occupancies, shall be equipped with a keyed door lock which shall be keyed differently from
all other locks within any dwelling unit.
117) Add a new section 1718 as follows:
Minimum ceiling height. Section 1718, All occupancies shall have a minimum ceiling height
of not less than seven 171 feet measured to the lowest projection from the ceiling except as
otherwise required by this code,
118) Add a ~ew section 1719 as follows:
Trusses. Section 1719. Preparation, fabrication and installation of trusses shall conform to
the accepted engineering practices and to the requiremants of this code, No alterations,
including but not limited to cutting, splicing or removal of webs, gussets or cords, shall be
made without approval of a certified engineer and the Building Official. Any alterations not
acceptable to the Building Official shall be corrected or the altared member removed and
replaced with an acceptable method of construction,
119) Oelete Exception 1 to Section 2907(bl and insert in lieu thereof the following:
Exceptions: 1, A one,story wood or metal frame building not used for human occupancy
and not over one thousand 11,000) square feet in floor area need not be
provided with the footing extending balow the frost line, Such buildings
shall be provided with a footing meeting all other requirements of Table 29.A
and extending at least twelve (12) inch as below grade,
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Ordinance No, 93-3572
Page 4
(201 Delete Table 29.A and insert in lieu thereof the following:
TABLE NO. 29.A - FOUNDATIONS FOR STUD BEARING WALLS - MINIMUM REQUIREMENTS
Minimum Depth
Number of Thickness of of
Floors Foundation Walls Minimu Footings Below
Supported finchesl m Thicknes Natural Surface
By the Width s of
Foundation I,' Footing of Ground or
Concrete Unit Masonrv /inches! Footing Finish
/inches! Grade
(Whichever
is Lower!
(inches I
8 8 16 8 42
2 8 8 16 8 42
3 8 10 18 8 42
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1 Foundations may support a roof in addition to the stipulated number of floors.
'Footings supporting only roof spans of not more than sixteen (161 feet may be
eight (8) inches wide.
'Trench footings supporting one floor and a roof may be tweive (121 inches wide,
121) Delete Chapter 31 in its entirety and Insert in lieu thereof the following:
Accessibility, Section 3101, Buildings or portions of buildings shall be accessible to persons
with disabilities as required by 661.16 Division VII of the Iowa State Administrative Code,
1221 Amend the second paragraph of Section 3205 to read as follows:
The clear openings shall not be less than twenty (20) by thirty (30) inches,
(23) Amend the second unnumbered paragraph of Section 3306{i} to read as follows:
The top of the handrail shall be placed not less than thirty 1301 Inches nor more than thirty.
eight (38) Inches above the nosing of treads and landings. Handrails shall be continuous the
full length of the stairs and, except for private stairways, at least one handrail shall extend
In the direction of the stair run not less than twelve (12) inches beyond the top riser, nor less
than twelve (121 inches beyond the bottom riser, Ends shall be returned or shall terminate
in newel posts or safety returns,
(241 Add an exception to Section 3306{0) as follows:
Exception: Within Individual dwelling units the head room clearance may be six (6) feet six
(6) Inches,
1251 Amend the second paragraph of Section 33091clto read as follows:
All exit doors In an exit enclosure shall be protected by a fire assembly having a fire.
protection rating of not less than one hour where one,hour shaft construction Is permitted,
and one and one,half (1}1) hours where two,hour shaft construction is required. Doors shall
be maintained self,closlng or shall be automatic closing by actuation of a smoke detector as
provided for in Section 43061hl of this code, In Group R Division 1 apartment houses,
rooming houses, and congregate residences, doors shall be automatic closing by actuation
of a smoke detector, The maximum transmitted temperature end point shall not exceed 450.
above ambient temperature at the end of 30 minutes of the fire exposure specified in U.B,C,
Standard No. 43.2,
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Ordinance No. 93-3572
Page 5
(261 Amend Section 3802(h) to read as follows:
(hI Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed
throughout apartment houses three (3) or more stories in height or containing sixteen (161 or
more dwelling units, in congregate residences three (3/ or more stories in height or having an
occupant load of fifty (501 or more, and in hotels three (31 or more stories in height or
containing twenty (201 or more guest rooms, Residential or quick-response standard
sprinklers shall be used in the dwelling units and guest room portions of the building, For the
purposes of this section, area separation walls shall not define separate buildings in buildings
constructed after May 10, 1989.
(27) Amend Section 4506(bl to read as follows:
(bl Construction. Awnings shall have non,combustible frames but may have combustible
coverings, Every awning shall be collapsible or retractable, When collapsed, retracted
or folded against the face of the supporting building, the awning shall not block a
required exit.
Exceptions: 1, A fixed awning not more than twenty (20) feet in length may be
erected over a doorway or window of a building,
2, A fixed awning may be of any length when constructed of a flame
retardant material and designed to allow ground ladder access to the
upper level windows. The flame retardance of the material shall be
integral to the fabric, not a temporary treatment, Ladder access shall
comply with NFPA recommendations, as determined by the Fire
Chief.
1281 Deletions: The following sections of the Uniform 8uilding Code are not adopted:
1, Section 305(e), 2 and 4.
2. Table No.3-A,
129) USC Appendix Chapter 70 is amended to read as follows:
Chapter 70 - EXCAVATION AND GRADING
Sec. 7001. Purpose. The purpose of this chapter is to protect and safeguard human life, property
and the public welfare, and to protect environmentally sensitive areas by regulating grading on private
and public property,
Sec. 7002. Scope. This chapter sets forth rules and regulations to control excavation, grading and
earthwork construction, including fills and embankments: establishes the administrative procedure for
issuance of permits: and provides for approval of plans and specifications, and inspection of grading,
Sec, 7003. Permits Required, No person, owner or responsible party shall do any grading in any
areas described below without first having obtained a grading permit from the building official:
1. Property on which the natural terrain is at a horizontal to vertical slope of 3,5 horizontal to
1 vertical, or steeper, and having a vertical height exceeding nine feet within a horizontal
distance of 27 feet; or
2, Flood hazard ereas subject to Chapter 11, Article II, 'Floodplain Management", of the Iowa
City Code of Ordinances: or
3, Wetlands as defined in the Code of Federal Regulations 133 CFR 328,31 and regulated by the
U,S, Army Corps of Engineers: or
4. Property traversed by a drainageway as shown in blue on the U,S, Geological Survey
quadrangle maps, 1983, as updated,
Sec, 7004. Hazards. Whenever the building official determines that any existing excavation,
embankment, or fill on private property has become a hazard to human life, endangers property, or
adversely affects the safety, use or stability of a public way or drainage channel, the property owner
or the responsible party for the affected property shall, alter receipt of notice in writing from the
building official, take corrective action to repair or eliminate such excavation, fill or embankment so
as to eliminate the hazard or dangerous conditions, Said repairs or corrective actions shall in all
respects be in compliance with the requirements of this code, and shall be satisfactorily completed
within the time period specified in the notice, Failure to take corrective actions shall be deemed a
public offense, and shall be subject to the remedies set out in applicable state and local iaw for
abatement of nuisances,
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Ordinance No. 93-3572
Page 6
Sec. 7005. Definitions. For purposes of this chapter the definitions listed herein shall be construed
as specified in this section. Terms not defined shall have the meanings customarily assigned them in
Webster's New Collegiate Dictionary,
APPROVAL shall mean that, in the opinion of the building official, the proposed work or completed
work conforms to this chapter.
AS.GRADED is the extent of surface conditions on completion of grading,
BEDROCK is in,place solid rock,
BENCH is a relatively level step excavated into earth material on which fill is to be placed,
BORROW is earth material acquired from an off.site location for use ill grading a site.
CIVIL ENGINEER is a professional engineer registered in the State of Iowa to practice in the field of
civil engineering,
CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of
mechanics and the properties of materials to the evaluation, design and construction of civil works for
the beneficial uses of humankind,
COMPACTION is the densification of a fill by mechanical means,
CUT is the portion of land surface or area from which earth material has been removed or will be
removed by excavation,
EARTH MATERIAL is any rock, natural soil or fill and/or any combination thereof.
ENGINEERED GRADING is grading of 5,000 cubic yards or more, and requires the services of a civil
engineer to prepare and certify a grading plan, and to inspect and certify the work completed conforms
with the plan,
EROSION Is the wearing away of earth material as a result of the movement of wind, water, ice or
any combination thereof,
EXCAVATION is the mechanical removal of earth material,
FILL Is a deposit of earth material placed by mechanical, man.made or other artificial means,
GEOLOGIC FACTORS are factors pertaining to rocks or rock formations as they might affect the
stability of slopes,
GRADE is the vertical elevation of the ground surface.
Existing Grade Is the grade prior to grading,
Rough Grede Is the stage at which the grade approximately conforms to the approved plan,
Finished Grade Is the final grade of the site which conforms to the approved plan,
GRADING Is any excavating or filling or a combination thereof, and includes compaction.
OWNER is any person, entity, business, firm, corporation, organization, association, partnership,
venture or any combination thereof, and any agent, fiduciary or representative thereof, who owns or
purports to own land or real property located within Iowa City,
PERSON shall Include individual persons, user, operator, responsible party, entity, business, firm,
corporation, association, partnership, venture, or any combination thereof, and any agent,
representative or fiduciary thereof,
PROPERTY is land and real property, whether public or private, and includes any and all interests
In real property whether legal, equitable, or any combination thereof.
PUBLIC WAY means any area dedicated to the public, including but not limited to street right,of.
way, sidewalks, alleys, and utility easements,
REGULAR GRADING is grading involving less than 5,000 cubic yards which does not require the
services of a civil engineer.
RESPONSIBLE PARTY means any user, possessor, operator, permittee, or person who operates,
possesses, occupies, manages or owns real property located within Iowa City, Responsible party shall
also include the person responsible for assuring compliance with this chapter if notice of violation or
noncompliance has been issued to that person by the building official.
SITE Is any lot or parcel of land, or contiguous combination thereof under the same ownership,
where grading Is performed or permitted,
SLOPE Is an inclined ground surface the inclination of which is expressed as a ratio of horizontal
distance to vertical distance.
SOIL is naturally occurring superficial deposits overlaying bed rock,
STEEP SLOPE Is property on which the natural terrain is at a slope of 3,5 horizontal to 1 vertical,
or steeper,
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Ordinance No, 93-3572
Page 7
TERRACE Is a relatively level step constructed in the face of a graded slope surface for drainage and
maintenance purposes,
Sec. 7006. Grading Permit Requirements.
la) Permits Required, As provided in Section 7003 of this code, no person shall do any grading
without first obtaining a grading permit from the building official. A separate permit shall be required
for each site, and may cover both excavations and fills,
(bl Application, The provisions of Sec, 3021al of this code are applicable to grading, and shall state
an estimate of the cubic yards of earth material to be graded.
Ic) Plans and Specifications, Each application for a grading permit, whether regular grading or
engineered grading, shall be accompanied by two sets of plans and specifications, Supporting data
consisting of a salls report and geology report shall be submitted when required by the building official.
When engineered grading is required pursuant to subsection Idl below, the plans and specifications
shall be prepared and signed by a civil engineer,
Idl Grading Designation. All grading of 5,000 cubic yards or more shall be performed in accordance
with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered
grading." Grading Involving less than 5,000 cubic yards shall be designated "regular grading" unless
the permittee, with the approval of the building official, chooses to have the grading performed as
"engineered grading" or the building official requires "engineered grading" pursuant to Sec. 7006(gl,
leI Information on Plans and Specifications, Plans shall be drawn to scale upon stable,
reproducible media, and shall be of sufficient clarity to indicate the nature and extent of the work
proposed. The plans shall also show, in detail, that the grading activities will conform to the provisions
of this code and all relevant laws, ordinances, rules and regulations, The first sheet of each set of
plans shall give the location of the proposed grading work, the name and address of the person by
whom they were prepared, and the name and address of the property owner or of the responsible party
for the property.
The plans shall Include the following information:
1, General vicinity of the proposed site.
2, Names and addresses of adjacent property owners,
3. Property limits and accurate topographic map of the existing terrain with contour intervals of
five feet or less and details of area drainage.
4, Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed
drainage channels and related construction,
5, Detailed plans of all surface and subsurface drainage devices including walls, cribbing, dams
and other protective devices to be constructed with, or as part of, the proposed grading work,
together with a map showing the drainage areas and the estimated runoff for a 5-year return
and a 100-year return frequency storm of the area served by any drains to be installed,
6, Location of any buildings or structures on the property where the proposed grading is to be
performed, together with any buildings or structures on property adjacent to the proposed
grading to the extent the buildings or structures are within fifteen feet of the proposed
grading. In addition, location of any property which may be substantially and materially
affected by the proposed grading shall also be noted and shown on the plans.
7. Existing trees that are to be retained pursuant to Sec, 7011.1 of this code,
Specifications shall contain information covering construction and material requirements,
If I Engineered Grading Requirements, For engineered grading, it shall be the responsibility of the
civil engineer to design the grading plan using sound engineering practices and to incorporate all
recommendations from the solis and geology reports into the grading plan, The civil engineer shall also
be responsible for the professional inspection during the grading process and final approval of the
grading when completed, This responsibility includes, but need not be limited to, inspection and
approval as to the establishment of line, grade and drainage of the grading area. The civil engineer is
the coordinating agent between any responsible party doing the actual grading work and the building
official, Further, the civil engineer shall be responsible for the preparation of revised plans, and the
submission of an updated grading plan upon completion of the work, Finally, the civil engineer shall
submit a statement of compliance pursuant to Sec, 70151al,
Salls and geology reports shall be required as specified below in subsections Ihl and (ii, Ouring
grading, the civil engineer shall submit all necessary reports, compaction data and soils and geology
recommendations to the building official,
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Ordinance No, 93-3572
Page 8
The civil engineer's inspection and approval concerning the adequacy and preparation of ground for
the proposed grading operations shall include, but need not be limited to, the adequacy of the ground
to receive fill; testing for required compaction; stability of all finish slopes; the design of buttress fills,
where required; the stability of cut slopes with respect to geological matters; and the need for
subdrains or other groundwater drainage devices,
The building official shall review the grading project at the various stages of the work in order to
monitor compliance with the approved plans,
(gl Regular Grading Requirements, The building official may require inspection and testing by an
approved testing agency of any proposed or approved grading operation, Any such required inspection
or testing shall be carried out at the building official's direction.
When the building official has cause to believe that geologic factors may be involved in the
proposed or regular grading activities, the grading operation will be required to conform to "engineered
grading" requirements as defined in this chapter,
Ih) Salls Report, The soils report required by Subsection Ic) shall include data regarding the
nature, distribution and strength of existing soils; conclusions and recommendations for grading
procedures; and design criteria for corrective measures including buttress fills, if needed,
Recommendations included in the report shall be incorporated in the grading plans or specifications,
unless the building official has waived all or some of the recommendations or has approved revised
recommendations,
iii Geology Report. The geology report required by Subsection Icl shall include an adequate
description of the geology of the site, and conclusions and recommendations regarding the effect of
geologic conditions on the proposed development.
Recommendations included in the report shall be incorporated in the grading plans or specifications,
unless the building official has waived all or some of the recommendations or has approved revised
recommendations.
Ul Issuance. The provisions of Section 303 of this code are applicable to grading permits. The
building official may require that the grading operations and project designs be modified if delays occur
which result from weather-generated problems not considered at the time the permit was issued,
Ik) Fees. All fees associated with each required permit shall be paid to the City as set forth in the
Schedule of Fees, Section 32.1-55 of the Iowa City Code of Ordinances,
Sec. 7007. Reserved.
Sec.7008. Assurance of Performance. When the grading permit is issued, the building official may
require cash escrow, certificate of deposit, performance bonds or a letter of credit in order to assure
that the work will be completed in accordance with the approved plans and specifications, and to
assure all hazardous conditions are eliminated, Said cash escrows, certificate of deposit, performance
bonds or letters of credit shall be in an amount equal to 110% of the grading project, but in no event
shall the required amount exceed $10,000 or the cash equivalent,
It is the intent of this section that cash escrow, certificate of deposit, performance bonds or letters
of credit shall not be deemed as a substitution for performance of the work, but that such instruments
shall stand solely as security to assure compliance with the grading requirements herein,
Sec. 7009, Cuts.
la) General. Unless otherwise recommended in the approved engineering, soils and/or geology
report, cuts shall conform to the provisions of this section,
Ibl Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall
be no steeper than the ratio of 3,5 horizontal to 1 vertical unless the owner or responsible party
furnishes a soils or a geology report, or both, stating that an investigation of the site reveals that a cut
at a steeper slope will nonetheless be stable and will not create a hazard to life or to property,
Icl Drainage and Terracing. Drainage and terracing shall be provided as required by Section 7012
of this code,
Sec. 7010, Fills,
la) General. Unless otherwise recommended in the approved engineering, soils and/or geology
report, fiils shall conform to the provisions of this section,
Ibl Fill Location, Fill slopes shall not be constructed on natural slopes steeper than 3,5 horizontal
to 1 vertical, except where the civil engineer determines the slope to be stable,
Ie) Preperatlon of Ground. The ground surface shall be prepared to receive fill by removing
vegetation, noncomplying fill, topsoil and other unsuitable materials, and by scarifying the surface to
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Ordinance No, 93-1172
Page 9
provide a bond with the new fill, Where slopes are steeper than five 15) horizontal to one 111 vertical
and the height of the fill location Is greater than ten 1101 feet, the ground surface shall be prepared by
benching into material which Is deemed competent for such benching by a civil engineer, The bench
under the toe of fill on a slope steeper than five (5) horizontal to one III vertical shall be at least ten
(101 feet wide, The area beyond the toe of fill shall either be sloped for sheet overflow, or a paved
drain provided, When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten
(10) feet wide, However, in such event, the cut shall be approved by a civil engineer as a suitable
foundation for fill,
(dl Fill Material. Vegetative materials shall not be permitted in fills except in the top one foot of
fill. Except as permitted by the building official, no rock or similar irreducible material shall be placed
within two (2) feet of the finished grade, Where an excessive amount of irreducible material is found,
it may be placed in the fill in horizontal layers not exceeding four (4) feet in thickness, Each layer shall
be leveled and smoothed by choking the surface of the irreducible material with soil or fine fragments
of rock.
(e) Compaction. All fills on slopes of six 161 horizontal to one 111 vertical or steeper shall be
compacted to a minimum of 90 percent of maximum density as determined by U,B,C, Standard No,
70-1 or equivalent ASTM standards, In'place density shall be determined in accordance with U,B,C,
Standard No, 70-2, 70,3, 70-4 or 70-5 or equivalent ASTM standards,
(fl Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use, Fill slopes
shall be no steeper than 3.5 horizontal to 1 vertical unless the owner or responsible party furnishes a
soils or a geology report, or both, stating that the site has been investigated and that based on their
best information, knowledge and belief, fill at a slope steeper than 3,5 horizontal to 1 vertical will
nonetheless be stable and will not create a hazard to life or property,
(g) Drainage & Terracing, Drainage and terracing shall be providad for all fills, Areas above fill
slopes and all terrace surfaces shall be graded and finished, as required by Section 7012,
Sec. 7011. Setbacks.
(a) General. Cut and fill slopes shall be set back from site boundaries in accordance with this
section, Setback dimensions shall be horizontal distances measured perpendicular to the site boundary,
Setback dimensions shall be as shown in Figure No, 70-1,
(bl Top of Cut Slope. The top of cut slope shall be mada no closer to a site boundary line than one
fifth of the vertical height of cut, with a minimum of two (2) feet and a maximum of ten (101 feet,
The setback may need to be increased for any required interceptor drains,
(cl Toe of Fill Slope. The toe of fill slope shall be made no closer to the site boundary line than
one-half the height of the slope, with a minimum of two (21 feet and a maximum of twenty 120) feet,
Where a fill slope is to be located near the site boundary and the adjacent off-site property is already
developed, special precautions may be required if, In the opinion of the building official, such
precautions are necessary to protect the adjoining property from damage, These precautions may
include, but are not limited to, the following:
1, Additional setbacks.
2. Provision for retaining walls or slough walls,
3, Mechanical or chemical treatment of the fill slope surface to minimize erosion,
4, Provisions for the control of surface waters,
(d) Modification of Slope Location. The building official may approve alternate setbacks, The
building official may also require an Invastigatlon and recommandation by a civil engineer, if in the
opinion of the building official, such investigation Is reasonably necessary to demonstrate the grading
has complied with the intent of this section.
Sec,7011.1 Tree Protection. Individual trees that are to be retained shall be protected from injury
during any grading work In the following manner:
11 A barricade shall be erected along the drip line of the retained trees,
21 Grading equipment may not be parked or stored within the drip line of any such retained
trees,
3) No soil or rubble shall be added to or removed from within the drip line of said trees,
41 Utility trenching techniques shall not be used under retained trees, nor within the drip line of
retained trees.
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Ordinance No. 93-3572
Page 1 0
See, 7012. Drainage and Terracing,
(a) General, Unless otherwise indicated on the approved grading plan, drainage facilities and
terracing shall conform to the provisions of this section for cut or fill slopes steeper than six 161
horizontal to one /11 vertical,
(bl Terrace. In order to control surface drainage and debris, terraces at least six (6) feet In width
shall be established at not more than 30.foot vertical Intervals on all cut or fill slopes, Where only one
terrace Is required, it shall be established at mid height, For cut or fill slopes greater than 60 feet and
up to 120 feet in vertical height, one terrace at approximately midheight shall be twelve /121 feet in
width, Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be
designed by the civil engineer and approved by the building official. Suitable access shall be provided
to permit proper cleaning and maintenance,
Swales or ditches on terraces shall have a minimum gradient of three percent (3%), and must be
stabilized with an approved erosion-free channel, Said swales or ditches shall also have a minimum
depth at the deepest point of one (1) foot and a minimum width of five (5) feet unless a civil engineer
can demonstrate a smaller channel is appropriate,
The capacity of a swale or ditch shall be adequate to convey the 1 OO-year return frequency storm
for the tributary area,
Icl Subsurfece Drainage, Cut and fill slopes shall be provided with subsurface drainage, where
such drainage is reasonably necessary to achieve stability,
(d) Disposal. All drainage facilities shall be designed to carry waters to the nearest approved
drainage way, Erosion in the area of discharge shall be prevented by installing non'erosive down drains
or other devices, as needed,
Building pads shall have a drainage gradient of two percent 12%) from the building pad toward
approved drainage facilities, unless waived by the building official.
EXCEPTION: The gradient from the building pad may be one percent (1 %) if all of the follOWing
conditions exist throughout the' permit area:
1, Proposed fills are no greater than ten (10) feet in maximum depth,
2, Proposed finish cuts or fill slope faces have a vertical height no greater than ten (10) feet,
3, Existing slope faces which have a slope face steeper than ten /10) horizontally to one (11
vertically shall have a vertical height no greater than ten (10) feet,
lei Interceptor Drains. Interceptor drains shall be installed along the top of all cut slopes where the
tributary drainage has been channelized, and there is a potential for continued erosion,
Sec. 7013. Erosion Control.
(a) Slopes. The faces of cut and fill siopes shall be prepared and maintained in accordance with
Design Standards for Public Works Improvements, Section X -Erosion and Sedimentation Control.
Ib) Other Devices. Check dams, cribbing, riprap or other devices or methods shall be employed
where reasonably necessary to control erosion and provide safety,
Sec. 7014. Grading Inspection.
(a) General. All grading operations for which a permit is required shall be subject to inspection by
the building official, When required by the building official, special inspection of grading operations
and special testing shall be performed in accordance with the provisions of Section 306 of this code,
Notification of Noncompllanca, If, in the course of fulfiliing their responsibilities under this chapter,
the civil engineer or the testing agency finds that the grading work is not being done in conformance
with this chapter or does not conform to the approved grading plans, the discrepancies shall be
reported to the owner of the property, If the discrepancies continue, the Civil Engineer or the testing
agency is responsible for reporting said discrepancies to the building official.
Ib) Trensfer of Responsibility for Approval. If the civil engineer or the testing agency of record is
changed during the course of any grading work, the work shall be stopped until the repiacement has
agreed to accept responsibility for the work, and the work is within the competence of the testing
agency and/or the civil engineer,
Sec. 7016. Completion of Work.
(al Final Reports, Upon completion of the rough grading work and at final completion of the
grading work, the building official shall require the following reports, drawings and supplements thereto
to be filed in the building official's office:
1, Certification from the civil engineer that the grading work was completed in substantial
compliance with the final approved grading plan, as updated or revised.
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Ordinance No, 93-3572
Page 11
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2, An updated or revised grading plan prepared by the civil engineer, showing all revisions approved
by the building official. This plan shall include ground surface elevations, lot drainage patterns, and
locations and elevations of all surface and subsurface drainage facilities installed,
(bl Notification of Completion, The owner, responsible party or person requesting the permit shall
notify the building official when the grading operation is ready for final inspection. Final approval shall
not be given until all required reports have been submitted and until all grading work has been
completed in accordance with the final approved grading plans, including installation of all drainage
facilities and their protective devices and all erosion-control measures. Upon granting final approval,
the building official shall authorize the release of any escrows to the depositor and issue a certificate
of compliance.
Sec, 7016. Enforcement, In all cases, the ultimate responsibility for compliance with this chapter
shall rest with the owner of the property, notwithstanding the participation of any other responsible
party. Any violation of this chapter or rules promulgated thereto shall constitute a nuisance and/or an
environmental infraction under both state and local law, In such event, the City may, at its option,
elect to carry out anyone or all of the following remedies: prosecute environmental infractions under
Section 1, Article II of the Iowa City Code of Ordinances; deny or revoke any permit under this chapter;
abate the nuisance in accordance with Section 24 of Article VI of the Iowa City Code of Ordinances;
and/or abate the nuisance under state law, Chapter 657, Iowa Code (19891,
SECTION III, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE, This Ordinance shall be In effect after its final passage, approval and
publication as required by law, but not before June 1, 1993.
Pa ed and approved this 11 th day of May , 1993,
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CIiYCLERK
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It was moved by HoUonal d and seconded by Novick
Ordinance as read be adopted, and upon roll call there were:
tha t the
AYES:
NAYS:
ABSENT:
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-X..-
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Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
First Consideration 4/13LQ1
Vote for passage: Kubby, Larson, Ncuonald, Novick,Ambrisco,
Courtney, Horowitz. NAYS: None. ABSENT: None.
Second Consideration 4/27/93
Vote for Passage: AYES: Novick, Ambrisco, Courtney, Horowitz,
Kubby. NAYS: None. ABSENT: McDonald.
Date published
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8. ARTICLE II. THE BUILDING CODE, BY ADOPTING THE
UNIFORM BUILDING CODE STANDARDS, 1991 EDITION AND THE 1991 EDITION OF THE UNIFORM
BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND
PROVIDING FOR CERTAIN AMENDMENTS TH~R *,To..E~VIDE FOR THE PROTECTION OF THE
HEALTH, WELFARE AND SAFETY OF THE Clt ENS OF IOWA C TY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF HE CITY OF IOWA CI ,IOWA:
SECTION 1, PURPOSE. The purpose of t is ordinance is to ado t the Uniform Building Code
Standards 1991 Edition, and the 1991 Edition f the Uniform Building de as prepared and edited by
the International Conference of Building Offici Is; and to provide for c rtain amendments thereof; to
provide for the protection of the health, welf re and safety of the c' izens of Iowa City, Iowa and
provide for its enforcement.
SECTION 2, Section 8.16 of the Code of Ordin nces of the City of I a City, Iowa is hereby repealed
and the fOllowing new Section 8.16 is enacted in lieu thereof,
Sec. B-16. Adopted.
Subject to the following amendments the Un form Building de Standards 1991 Edition and the
1991 Edition of the Uniform Building Code are hereby adopt and shall be known as the Iowa City
Building Code, or the Building Code, Interpret tions of the uilding Officials shall be guided by the
UBC applicationflnterpretation manual.
SECTION 3. Section B.17 of the Code of Ordinan es of th City of Iowa City, Iowa is hereby repealed
and the following new section 8.17 is enacted in ieu th reof,
Sec. 8-17. Amendments.
The following sections of the 1991 Edition of th U iform Building Code IUBCI are amended to read
as follows:
(1) Delete Section 3011bl and insert in lieu t reof the fallowing:
(b) Exempted work. A building per's all not be required for the following:
1. One-story detached accessory b Ildin s used as tool and storage sheds. playhouses and
similar uses, provided the 110 area does not exceed one hundred forty.four (144)
square feet.
2, Fences not over six (61 fee igh.
3, Oil derricks.
4. Movable cases, counter and partitions not over five (51 feet nine (91 inches high,
5, Retaining walls which e not over four 4) feet in height measured from the top of the
footing to the top 0 the wall unless the wall supports a surcharge or impounds
flammable liquids,
6, Water tower supp rted directly upon ade if the capacity does not exceed five
thousand (5,000) alions and if the ratio 0 height.to'diameter or width does not exceed
2:1.
7. Walks and driv ways which do not extend over any basement or story below,
8, Painting, pap ing and similar finish work.
9. Temporary otion picture, television and th ter sets and scenery,
10. Window a Ings supported by an exterior w II of a Group R Division 3 and Group M
occupancl s when projecting not more than fi y.four (54) inches.
11, Prefabric ted swimming pools, accessory to a (OUP R Division 3 occupancy in which
the poo walls are entirely above the adjacent grad~ if the capacity does not exceed five
thous d (5,000) gallons and Is less than eighteen' (18) inches in depth.
12. Reap icatlon of shingles and siding of Group R Division 3 and Group M occupancies
if str ctural alterations are not required,
Unless 0 erwise exempted, separate plumbing, electrical and mechanical permits shall be
required or the above exempted items. Exemption from the permit requirements of this code
shall n be deemed to grant authorization for any work to be done in any manner in violation
of the provisions of this code or any other laws or ordinances of this jurisdiction,
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Revised 4/27
Ordinance No.
Page 2
(21 Add a new paragraph to the end of Section 303(dl, Permits, Expiration; as follows:
For the purpose of this section, the building or work authorized shall be considered suspended
or abandoned unless more than ten percent %) of the total cost of all construction,
erection, alteration, enlargement, repair, dem ition, or other work coverbd by the permit is
completed within one hundred eighty (180) ays after the issuance of thb permit, including
any and all subsequent one hundred eighty ( 801 day periods thereafter, b~t in no event shall
the permit be effective unless the work cov red by the permit is campi ted within twenty-
four (24) months of the date on which the riginal permit was issued,
(3) Add a new subsection (fl to Section 303 as follows:
(I) Demolition permits. The applicant or any demolition per t shall state on the
application the proposed disposal pia s for all demolition m erials, No demolition
permit shall be issued until seven (7) orking days after th date an application has
been properly filed, and said demolition ermit shall not be e ective until applicant has
posted the premises to be demolished ith a notice to be rovided by the City and as
directed by the City, provided, however, hat accessory b dings as defined in the Iowa
City Code of Zoning Ordinances and h ving no histori significance shall be exempt
from said notice requirement.
(4) Delete subsection (b) and (c) of Section 304 a d insert in eu thereof the following:
(b) Permit fees, The fee for each permit s II be as t forth in the building permit fee
schedule as established by resolution of e City ouncil, The determination of value
or valuation under any of the provisions of thi code shall be made by the Building
Official, The value to be used in computin the uilding permit and building plan review
fees shall be the total value of all construc io work for which the permit is issued, as
well as all finish work, painting, roofing, s grading, paving, landscaping, elevators,
fire extinguishing systems and other per nent equipment.
(c) Plan review fees. When a plan or other a a are required to be submitted by Section
302(b) and the value of the proposed b Ildi or work exceeds $15,000, a plan review
fee shall be paid bafore the permit y be ssued, Should the project be abandoned
and the permit not issued after the Ian rev w has been started, the plan review fee
shall still be due and payable, Th plan revl w fee shall be as set forth by resolution
of City Council,
(5) Delete exception to Section 308(al a insert in lie thereof the following:
Exceptions: Group M Occupancies,
(6) Delete Table 3.A,
(71 Delete the definition of "family" i Section 407 and sert in lieu thereof the following:
Family is an individual or two ( or more persons r lated by blood, marriage, adoption or
placement by governmental or ocial service agency, occupying a dwelling unit as a single
housekeeping organization, family may also be t 0 (21, and not more than two (2),
persons not related by bloo marriage or adoption,
(81 Delete the definition of"g st" in Section 408 and ins rt in lieu thereof the following:
Guest. An individual wh shares a dwelling in a non' ermanent status for not more than
thirty (301 days.
(9) Delete the definition of hotel" in Section 409 and inse in lieu thereof the following:
Hotel, A residential i1dlng licensed by the state and ccupied and used principally as a
place of lodging for ests,
(10) Add a definition of rooming house" to Section 419 as f Haws:
Rooming House. ny dwelling or that part of any dw lling containing one (liar more
rooming units in hich space is let by the owner or opera .or to four 141 or more roomers,
(11) Add a definition of "truss' to Section 421 as follows:
Truss, Truss is a pre-built and engineered component empioying one or more triangles in its
construction or an approved design and engineering component that functions as a structural
support member,
(12) Amend the first sentence of Section 1201, Division I, to read as follows:
Oivision 1: Hotels, apartment houses, congregate residences (each accommodating more
than ten (10) personsl and rooming houses,
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Ordinance No.
Page 3
(131
Delete Section 1205(bl and Insert in lieu thereof the following:
(bl Light. Guest rooms and habitable rooms wit 'n a dwelling unit o}congregate residence
shall be provided with natural light by me ns of exterior glazed penings with an area
not less than 1/8 the floor area of such ro ms with a minimum eight (8) square feet.
Exceptions: 1. Kitchens need not be provi ed with naturalllgh by means of exterior
glazed openings provided e ivalent artlficlalllg t Is provided.
2. In basements of Division 3 0 cupancies constr ted prior to the adoption
of the 1988 edition of the iform Building de, natural light need not
be supplied to habitable r ms provided quivalent artificial light is
supplied and an escape or escue windo or door Is provided in the
basement in accordance wit Section 04, All sleeping rooms shall
contain an escape or rescue indow 0 door within the room.
Delete the first paragraph of Section 1205(c) an Insert' lieu thereof the following:
(c) Ventiletlon: Guest rooms and habitable roms ithin a dweiling unit or congregate
residence shall be provided with natural ven i1af n by means of open exterior openings
within an area of not less than 1/25th of th oar area of such room, and In no event
less than four (4) square feet.
Add two exceptions to Section 1207(al as folio :
Exceptions: 1. Ceiling height in Division 3 oc pa cies may be reduced to six (6) feet eight
(8) inches for main suppa bea s and mechanical ducts provided the
prescribed ceiling height i maint ined in at least two-thirds (2/3) of the
room,
2, The ceiling height in asements f Division 3 occupancies which existed
prior to the adoPtio of the 198 Uniform Building Code may be reduced
to seven (71 feet,
Add a paragraph to the end of Secti n 1213 as folio s:
Every room containing a boiler, entral heating p ant, or water heater In Division 1
Occupancies, shall be equipped w' h a keyed door lac which shall be keyed differently from
all other locks within any dwelli~ unit,
Add a new section 1718 as fol6ws:
Minimum ceiling height. Sect! n 1718. All occupancie shall have a minimum ceiling height
of not less than seven (71 fe measured to the lowest roJectlon from the ceiling except as
otherwise required by this de,
Add a new section 1719 follows:
Trusses. Section 1719. reparation, fabrication and ins allalion of trusses shall conform to
the accepted engineeri practices and to the requirem nts of this code. No alterations,
including but not limit to cutting, splicing or removal 0 webs, gussets or cords, shall be
made without approv of a certified engineer and the Bui ing Official, Any alterations not
acceptable to the B Ilding Official shall be corrected or t e altered member removed and
replaced with an ac eptable method of construction,
Delete Exception 1 to Section 2907(bl and insert in lieu th reof the following:
Exceptions: 1, one.story wood or metal frame building not used for human occupancy
nd not over one thousand (1,000) squar feet in floor area need not be
provided with the footing extending below the frost line, Such buildings
shall be provided with a footing meeting all at er requirements of Table 29.A
and extending at least twelve (121 Inches below grade.
(14)
(15)
(161
(17)
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(18)
(19)
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Ordinance No.
Page 4
(20) Delete Table 29-A and Insert in lieu thereof the following:
TABLE NO. 29,A - FOUNDATIONS FOR STUD BEARING WALLS - MINIMUM REQUIREMENTS
'Foundations may support a roof in addilio to the stipulated number of floors,
'Footings supporting only roof spans of n more than sixteen (161 feet may be
eight (8) in e wide,
3Trench footings supporting one floor a a of may be twelve (121 inches wide.
Delete Chapter 31 In its entirety and in ert in lieu thereof the following:
Accessibility. Section 3101, Building or po ons of buildings shall be accessible to persons
with disabilities as required by 661. 6 Dlvlsio VII of the Iowa State Administrative Code,
Amend the second paragraph of S tion 320 to read as follows:
The clear openings shall not be Ie s than twe y (20) by thirty 130) inches,
Amend the second unnumbered aragraph of ectlon 3306(1) to read as follows:
The top of the handrail shall b placed not less than thirty (30) Inches nor more than thirty-
eight (38) inches above the n sing of treads an landings. Handrails shall be continuous the
full length of the stairs and, except for private talrways, at least one handrail shall extend
in the direction of the stair n not less than twe e (12) inches beyond the top riser, nor less
than twelve (12) inches yond the bottom rise. Ends shall be returned or shall terminate
in newel posts or safety returns,
Add an exception to S lion 3306(0) as follows:
Exception: Within in vidual dwelling units the h ad room clearance may be six 16) feet six
(6) Inches.
Amend the second aragraph of Section 33091c) read as follows:
All exit doors in n exit enclosure shall be prot cted by a fire assembly having a fire.
protection rating f not less than one hour where ne.hour shaft construction Is permitted,
and one and one alf (1}1) hours where two.hour s ft construction is required, Doors shall
be maintained s If'closlng or shall be automatic CIOS~g by actuation of a smoke detector as
provided for In Section 4306(h) of this code. In roup R Division 1 apartment houses,
rooming houses, and congregate residences, doors s ~all be automatic closing by actuation
of a smoke detector, The maximum transmitted tempe ture end point shall not exceed 450.
above ambient temperature at the end of 30 minutes 0 the fire exposure specified In U,B,C,
Standard No. 43.2.
Amend Section 38021h) to read as follows:
(hi Group R, Division 1 Occupancies, An automatic sprinkler system shall be installed
throughout epartment houses three 131 or more stories In height or containing sixteen 1161 or
more dweillng units, In congregate residences three (31 or more stories in height or having an
Number of
Floors
Supported
By the
Foundation "
.
Thickness of
Foundation Walls
/inchesl
Concrete Unit Masonrv
1
2
3
8
8
8
8
8
10
(211
(22)
(23)
(24)
(25)
(26)
Thicknes
s
of
Footing
1inroill
Minimum Depth
f
Footin s Below
Natu I Surface
of
Ground or
Finish
Grade
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is Lowerl
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Ordinance No.
Page 5
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occupant load of fifty (50) or more, and in hotels three (3) or more stories in height or
containing twenty /20/ or more guest rooms, Residential or quick-response standard
sprinklers shall be used in the dwelling units and guest room portions of the building. For the
purposes of this section, area separation walls shall not define separate buildings in buildings
constructed after May 10, 1989. ,
(27) Amend Section 4506(b) to read as follows: /
(b) Construction. Awnings shall have non-com ustible frames b (may have combustible
coverings. Every awning shall be collapsib or retractable. hen collapsed, retracted
or folded against the face of the suppo ing building, th awning shall not block a
required exit,
Exceptions: 1. A fixed awning not mo e than twen (20) feet In length may be
erected over a doorway r window II a building.
2, A fixed awning may be of any len (h when constructed of a flame
retardant material and d signed to 1I0w ground ladder access to the
upper level windows, T e flam retardance of the material shall be
integral to the fabric, no a tem orary treatment. Ladder access shall
comply with NFPA rec mm dations, as determined by the Fire
Chief,
(28) Deletions: The following sections of the Unifor
1. Section 305(e), 2 and 4,
2, Table No. 3.A,
(29) UBC Appendix Chapter 70 is amended to rea a follows:
Chapter 70 - EXCAVATI N ND GRADING
Sec. 7001. Purpose. The purpose of this chapte Is to protect and safeguard human life, property
and the public welfare, and to protect enVlronm~nt Iy sen itive areas by regulating grading on private
and public property.
Sec. 7002. Scope. This chapter sets forth r es and re lations to control excavation, grading and
earthwork construction, Including fills and emb nkments; e tablishes the administrative procedure for
issuance of permits; and provides for apprffiv of plans an specifications, and inspection of grading.
Sec. 7003. Permits Required. No perso , owner or res onsible party shall do any grading in any
areas described below without first havin obtained a grad g permit from the building official:
1. Property on which the natural t rain is at a horiz ntal to vertical slope of 3.5 horizontal to
1 vertical, or steeper, and hav' g a vertical heigh exceeding nine feet within a horizontal
distance of 27 feet; or
2. Flood hazard areas subject t Chapter 11, Article II "Floodplain Management", of the Iowa
City Code of Ordinances; 0
3. Wetlands as defined in the ode of Federal Regulatio s (33 CFR 328,3) and regulated by the
U,S, Army Corps of Engi Bars; or
4, Property traversed by drainageway as shown in blue on the U.S, Geological Survey
quadrangle maps, 198 , as updated.
Sec. 7004. Hazerds. Wh ever the building official det rmines that any existing excavation,
embankment, or fill on privat property has become a hazard 0 human life, endangers property, or
adversely affects the safety, se or stability of a public way or rainage channel, the property owner
or the responsible party for the affected property shall, after eceipt of notice in writing from the
building official, take carre ive action to repair or eliminate suc excavation, fill or embankment so
as to eliminate the hazar or dangerous conditions, Said repal s or corrective actions shall In all
respects be In complianc with the requirements of this code, an shall be satisfactorily completed
within the time period sp cified In the notice, Failure to take corrective actions shall be deemed a
public offense, and shall be subject to the remedies set out in applicable state and local law for
abatement of nuisances,
Sec. 7005. Definitions. For purposes of this chapter the definitions listed herein shall be construed
as specified in this section, Terms not defined shall have the meanings customarily assigned them in
Webster's New Collegiate Dictionary.
APPROVAL shall mean that, in the opinion of the building official, the proposed work or completed
work conforms to this chapter,
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Ordinance No,
Page 6
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AS.GRADED is the extent of surface conditions on completion of grading,
BEDROCK is in'place solid rock.
BENCH is a relatively level step excavated into earth materi ro'n which fill is tal be placed,
BORROW Is earth material acquired from an off-site locatio for use In gradin fa site,
CIVIL ENGINEER is a professional engineer registered in the State of Iowa to p actice in the field of
civil engineering,
CIVIL ENGINEERING Is the application of the knowledge of the forces f nature, principles of
the beneficial uses of humankind.
COMPACTION is tile densification of a fill by mechanical eans,
CUT is the portion of land surface or area from which ea h mate,i has been removed or will be
removed by excavation.
EARTH MATERIAL is any rock, natural soil or fill and/or a y co ination thereof.
ENGINEERED GRADING is grading of 5,000 cubic yards or or, and requires the services of a civil
engineer to prepare and certify a grading plan, and to inspect a d ertify the work completed conforms
with the plan.
EROSION is the wearing away of earth material as a resul of the movement of wind, water, ice or
any combination thereof.
EXCAVATION is the mechanical removal of earth mat rial
FILL Is a deposit of earth material placed by mechan ai, an.made or other artificial means,
GEOLOGIC FACTORS are factors pertaining to roc s or r k formations as they might affect the
stability of slopes,
GRADE is the vertical elevation of the ground s ace,
Existing Grade Is the grade prior to grading,
Rough Grede is the stage at which the grade pproximatel conforms to the approved plan,
Finished Grade is the final grade of the site hlch conform to the approved plan,
GRADING is any excavating or filling or a ombination ther of, and includes compaction.
OWNER Is any person, entity, business, irm, corporation, rganization, association, partnership,
venture or any combination thereof, and a y agent, fiduciary representative thereof, who owns or
purports to own land or real property lac ted within Iowa City
PERSON shall Include individual pers ns, user, operator, re onsible party, entity, business, firm,
corporation, association, partners hi , venture, or any co binatlon thereof, and any agent,
representative or fiduciary thereof.
PROPERTY is land and real prop y, whether public or priv te, and Includes any and all interests
in real property whether legal, eQu' able, or any combination th reof,
PUBLIC WAY means any area edicated to the public, inclu ing but not limited to street right,of.
way, sidewalks, alleys, and utili easements,
REGULAR GRADING is gra g involving less than 5,000 cu ic yards which does not require the
services of a civil engineer,
RESPONSIBLE PARTY m ns any user, possessor, operator, ermittee, or person who operates,
possesses, occupies, man~ s or owns real property located with ~ Iowa City, Responsible party shall
also include the person re onslble for assuring compliance with his chapter if notice of violation or
noncompliance has been sued to that person by the building off cial.
SITE Is any lot or par. el of land, or contiguous combination thereof under the same ownership,
where grading is perfor ed or permitted,
SLOPE is an Incline ground surface the inclination of which is expressed as a ratio of horizontal
distance to vertical dl tance,
SOIL is naturally ccurring superficial deposits overlaying bed rock,
STEEP SLOPE is roperty on which the natural terrain is at a slope of 3,5 horizontal to 1 vertical,
or steeper.
TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and
maintenance purposes,
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Ordinance No.
Page 7
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Sec. 7006. Grading Permit Requirements.
fa) Permits ReQulrad. As provided In Section 7003 of this c da, no person ~hall do any grading
without first obtaining a grading permit from the building officia A separate perrrit shall be required
for each site, and may cover both excavations and fills. I,
(b) Application. The provisions of Sec, 302(al of this code e applicable to g7eding, and shall state
an estimate of the cubic yards of earth material to be graded,
(c) Plans and Specllicatlons. Each application for a gra ing permit, whet er regular grading or
engineered grading, shall be accompanied by two sets of pi ns and specif~'ca Ions. Supporting data
consisting of a soils report and geology report shall be submit ed when requir by the building official,
When engineered grading Is required pursuant to subsectio (dl below, th plans and specifications
shall be prepared and signed by a civil engineer. .
(d) Grading Designation, All grading of 5,000 cubic yard or more sha be performed in accordance
with the approved grading plan prepared by a civil engine r, and shall e designated as "engineered
grading," Grading involving less than 5,000 cubic yards s all be ~es' nated "regular grading" unless
the permittee, with the approval of the building official, oases have the grading performed as
"engineered grading" or the building official requires "engi eered rading" pursuant to Sec. 7006(g),
(e) Information on Plans and Specifications. Pia sh~1 be drawn to scale upon stable,
reproducible media, and shall be of sufficient clarity to i ic (e the nature and extent of the work
proposed, The plans shall also show, in detail, that the gra n activities will conform to the provisions
of this code and all relevant laws, ordinances, rules and r ulations, The first sheet of each set of
plans shall give the location of the proposed grading wo ,the name and address of the person by
whom they were prepared, and the name and address of property owner or of the responsible party
for the property.
The plans shall include the following information:
1. General vicinity of the proposed site,
2. Names and addresses of adjacent prope yawner .
3, Property limits and accurate topograph' map of t e existing terrain with contour intervals of
five feet or less and details of area dr inage,
4. Limiting dimensions, elevations or Ii sh contours t be achieved by the grading, and proposed
drainage channels and related con ruction.
5. Detailed plans of all surface ant bsurface draina e devices including walls, cribbing, dams
and other protective devices to e constructed wit ,or as part of, the proposed grading work,
together with a map showing) e drainage areas a d the estimated runoff for a 5-year return
and a 100,year return fre~u ncy storm of the are served by any drains to be Installed.
6, Location of any buildings 0 structures on the pro erty where the proposed grading Is to be
performed, together with ny buildings or structu es on property adjacent to the proposed
grading to the extent t buildings or structures are within fifteen feet of the proposed
grading, In addition, I cation of any property w ich may be substantially and materially
affected by the prop 0 ed grading shall also be not d and shown on the plans,
7, Existing trees that ar to be retained pursuant to S c, 7011.1 of this code.
Specifications shall con~a' information covering constru tion and material requirements,
(II Engineered Grading eQuirements, For engineered gr ding, it shall be the responsibility of the
civil engineer to design t e grading plan using sound engi eerlng practices and to Incorporate all
recommendations fromEe salls and geology reports into the ~ading plan. The civil engineer shall also
be responsible for the rofesslonal inspection during the gr ding process and final approval of the
grading when complel d, This responsibility includes, but ,eed not be limited to, inspection and
approval as to the eSleblishment of line, grade and drainage oi the grading area, The civil engineer is
the coordinating ag~t between any responsible party doing tile actual grading work and the building
official. Further, the civil engineer shall be responsible for the', preparation of revised plans, and the
submission of an updated grading plan upon completion of the work, Finally, the civil engineer shall
submit a statement of compliance pursuant to Sec, 70151al,
Salls and geology reports shall be required as specified below in subsections Ihl and Ii), During
grading, the civil engineer shall submit all necessary reports, compaction data and soils and geology
recommendations to the building official.
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Ordinance No,
Page 8
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The civil engineer's inspection and approval concerning the adequacy and preparation of ground for
the proposed grading operations shall include, but need not be limited to, the adequacy of the ground
to receive fill: testing for required compaction: stability of all finish slopes; the design of buttress fills,
where required; the stability of cut slopes with respect to geological matters; and the need for
subdrains or other groundwater drainage devices,
The building official shall review the grading project at the various stages of the work in order to
monitor compliance with the approved plans,
(g) Reguler Gredlng Requirements. The building official may require inspection and testing by an
approved testing agency of any proposed or approved grading operation. Any such required Inspection
or testing shall be carried out at the building official's direction,
When the building official has cause to believe that geologic factors may be involved in the
proposed or regular grading activities, the grading operation will be required to conform to 'engineered
grading' requirements as defined in this chapter,
Ihl Solis Report. The soils report required by Subsection (c) shall include data regarding the
nature, distribution and strength of existing soils; conclusions and recommendations for grading
procedures; and design criteria for corrective measures including buttress fills, If needed.
Recommendations included in the report shall be incorporated in the grading plans or specifications,
unless the building official has waived all or some of the recommendations or has approved revised
recommendations,
(il Geology Report. The geology report required by Subsection Ic) shall include an adequate
description of the geology of the site, and conclusions and recommendations regarding the effect of
geologic conditions on the proposed development,
Recommendations included in the report shall be incorporated in the grading plans or specifications,
unless the building official has waived all or some of the recommendations or has approved revised
recommendations.
UI Issuence. The provisions of Section 303 of this code are applicable to grading permits, The
bUilding official may require that the grading operations and project designs be modified if delays occur
which result from weather'generated problems not considered at the time the permit was issued.
(kl Fees. All fees associated with each required permit shall be paid to the City as set forth in the
Schedule of Fees, Section 32.1-55 of the Iowa City Code of Ordinances,
Sec. 7007. Reserved,
Sec. 7008. Assurence of Performance. When the grading permit is issued, the building official may
require cash escrow, certificate of deposit, performance bonds or a letter of credit in order to assure
that the work will be completed in accordance with the approved plans and specifications, and to
assure all hazardous conditions are eliminated, Said cash escrows, certificate of deposit, performance
bonds or letters of credit shall be in an amount equal to 110% of the grading project, but in no event
shall the required amount exceed $10,000 or the cash equivalent.
It is the Intent of this section that cash escrow, certificate of deposit, performance bonds or letters
of credit shall not be deemed as a substitution for performance of the work, but that such instruments
shall stand solely es security to assure compliance with the grading requirements herein,
Sec. 7009. Cuts.
(a) Gene rei. Unless otherwise recommended in the approved engineering, soils and/or geology
report, cuts shall conform to the provisions of this section.
(bl Slope. The slope of cut surfaces shall be no steeper than is safe for the Intended use, and shall
be no steeper than the ratio of 3,5 horizontal to 1 vertical unless the owner or responsible party
furnishes a solis or a geology report, or both, stating that an Investigation of the site reveals that a cut
at a steeper slope will nonetheless be stable and will not create a hazard to life or to property.
(c) Dreinege end Terrecing. Drainage and terracing shall be provided as required by Section 7012
of this code.
Sec, 7010. Fills,
lal Generel. Unless otherwise recommended In the approved engineering, solis and/or geology
report, fills shall conform to the provisions of this section.
(b) FiIIlocetlon. Fill slopes shall not be constructed on naturai slopes steeper than 3,5 horizontal
to 1 vertical, except where the civil engineer determines the slope to be stable,
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Ordinance No,
Page 9
(c) Preparation of Ground, The ground surface shall be prepared to receive fill by removing
vegetation, noncomplying fill, topsoil and other unsuitable materials, and by scarifying the surface to
provide a bond with the new fill, Where slopes are steeper than five (5) horizontal to one (1) vertical
and the height of the fill location Is greater than ten (101 f t;'the ground surface shall be prepared by
benching Into material which is deemed competent for ch benching by a civil engi/leer, The bench
under the toe of fill on a slope steeper than five (5) hor zontal to one (11 vertical s all be at least ten
(10) feet wide, The area beyond the toe of fill shall ei her be sloped for sheet ov rflow, or a paved
drain provided, When fill Is to be placed over a cut, the bench under the toe of iii shall be at least ten
(101 feet wide, However, in such event, the cut shall be approved by a civil ngineer as a suitable
foundation for fill,
(d) Fill Material. Vegetative matarials shall not be ermitted in fills exc tin the top one foot of
fill. Except as permitted by the building official, no roc or similar irreduci e material shall be placed
within two (21 feet of the finished grade. Where an exc ssive amount of rreducible material is found,
it may be placed in the fill in horizontal layers not excee ing four (41 fee in thickness, Each layer shall
be leveled and smoothed by Choking the surface of the rreducible m erial with soil or fine fragments
of rock,
(el Compaction. All fills on slopes of six (6) hori ontal to ne (1) vertical or steeper shall be
compacted to a minimum of 90 percent of maximum ensitya determined by U,B,C, Standard No,
70-1 or equivalent ASTM standards, In.place density hall b tletermined in accordance with U.B.C.
Standard No. 70-2, 70-3, 70-4 or 70.5 or equivalent ST standards,
(fl Slope. The slope of fill surfaces shall be no steep r t an is safe for the intended use. Fill slopes
shall be no steeper than 3.5 horizontal to 1 vertical unl the owner or responsible party furnishes a
soils or a geology report, or both, stating that the site as been investigated and that based on their
best information, knowledge and belief, fill at a slop steeper than 3,5 horizontal to 1 vertical will
nonetheless be stable and will not create a hazard t Ii or property.
(g) Drainage & Terracing, Drainage and terra ng hall be provided for all fills, Areas above fill
slopes and all terrace surfaces shall be graded a finis ed, as required by Section 7012.
Sec. 7011. Setbecks.
(a) Generel. Cut and fill slopes shall be et back rom site boundaries in accordance with this
section, Setback dimensions shall be horizon I distance measured perpendicular to the site boundary.
Setback dimensions shall be as shown in F' ure No. 7 1,
(bl Top of Cut Slope. The top of cut s pe shall be ade no closer to a site boundary line than one
fifth of the vertical height of cut, with minimum of t 0 (2) feet and a maximum of ten 110) feet,
The setback may need to be increased or any required interceptor drains,
lei Toe of Fill Slope. The toe o~ II slope shall be ade no closer to the site boundary line than
one.half the height of the slope: wit a minimum of tw 12) feet and a maximum of twenty (20) feet,
Where a fill slope Is to be locate~ ar the site boundar and the adjacent off.site property is already
developed, special precautions ay be required if, i the opinion of the building official, such
precautions are necessary to pr tect the adjoining pro erty from damage, These precautions may
include, but are not limited tOt e following:
1, Additional setbacks,
2. Provision for retalnl walls or slough walls,
3, Mechanical or che ical treatment of the fill sl pe surface to minimize erosion.
4, Provisions for the ontrol of surface waters.
(dl Modlficetion of SI e Locetlon, The building 0 ficial may approve alternate setbacks, The
building official may also require an Investigation and r commendation by a civil engineer, if in the
opinion of the building 01 icial, such investigation is reas nably necessary to demonstrate the grading
has complied with the i tent of this section,
Sec. 7011.1 Tree P otectlon, Individual trees that ar to be retained shall be protected from Injury
during any grading wo In the following manner:
1) A barricade shall be erected along the drip line of the retained trees,
21 Grading equipment may not be parked or stored within the drip line of any such retained
trees,
3) No soli or rubble shall be added to or removed from within the drip line of said trees,
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Ordinance No.
Page 10
4) Utility trenching techniques shall not be used under retained trees, nor within the drip line of
retained trees,
Sec. 7012. Drelnage end Terracing.
(al Generel. Unless otherwise indicated on the approved grading plan, drain~ge facilities and
terracing shall conform to the provisions of this section for cut or fill slopes steeper than six 16l
horizontal to one (1) vertical.
(bl Terrace. In order to control surface drainage and debri terraces at least six (61 feet In width
shall be established at not more than 30-foot vertical intervals on all cut or fill slopes, Where only one
terrace is required, it shall be established at midheight. For c t or fill slopes greater t~an 60 feet and
up to 120 feet in vertical height, one terrace at approximatel mldhelght shall be ,tjYelve (121 feet in
width. Terrace widths and spacing for cut and fill slopes g ater than 120 feern height shall be
designed by the civil engineer and approved by the building of cial, SUltablezc ss shall be provided
to permit proper cleaning and maintenance,
Swales or ditches on terraces shall have a minimum gradie t of three~ cent (3%), and must be
stabilized with an approved erosion-free channel. Said swale or ditches hall also have a minimum
depth at the deepest point of one (1) foot and a minimum widt of five ) feet unless a civil engineer
can demonstrate a smaller channel is appropriate,
The capacity of a swale or ditch shall be adequate to conve
for the tributary area.
Icl Subsurfece Dralnege. Cut and fill slopes shall be pro ed with subsurface drainage, where
such drainage is reasonably necessary to achieve stability,
(d) Disposal. All drainage facilities shall be designed 0 arry waters to the nearest approved
drainage way. Erosion in the area of discharge shall be pr ent d by installing non-erosive down drains
or other devices, as needed.
Building pads shall have a drainage gradient of t 0 perce t 12%1 from the building pad toward
approved drainage facilities, unless waived by the ~ i1ding off cial.
EXCEPTION: The gradient from the building ad may be ne percent (1 %) if all of the following
conditions exist throughout the permit area:
1. Proposed fills are no greater than te 101 feet in ma imum depth,
2, Proposed finish cuts or fill slope fa s have a vertica height no greater than ten (10) feet,
3. Existing slope faces which have slope face steep than ten (10) horizontally to one (1)
vertically shall have a vertical h9 ght no greater than ten (10) feet.
lei Interceptor Drains. Interceptor d ains shall be installed long the top of all cut slopes where the
tributary drainage has been channeliz ,and there is a paten al for continued erosion.
Sec, 7013. Erosion Control,
lal Slopes. The faces of cut a d fill slopes shall be prepa ed and maintained in accordance with
Design Standards for Public War Improvements, Section X Erosion and Sedimentation Control,
(b) Other Devices, Check ms, cribbing, rip rap or other devices or methods shall be employed
where reasonably necessary t control erosion and provide s fety,
Sec. 7014. Grading Insp tlon.
(a) Generel. All grading perations for which a permit is r qui red shall be subject to inspection by
the building official. Whe required by the building official, ecial inspection of grading operations
and special testing shall e performed in accordance with the rovisions of Section 306 of this code,
the civil engineer or t testing agency finds that the grading work is not being done in conformance
with this chapter or does not conform to the approved grading plans, the discrepancies shall be
reported to the own r of tho property, If the discropancies continue, the Civil Engineer or the testing
agency Is responsib e for reporting said discrepancies to the building official.
Ibl Transfer of Responsibility for Approvel, If the civil engineer or the testing agency of record is
changed during the course of any grading work, the work shall be stopped until the replacement has
agreed to accept responsibility for the work, and the work Is within the competence of the testing
agency and/or the civil engineer,
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Ordinance No,
Page 11
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Sec. 7016. Completion of Work,
(a) Flnel Reports. Upon completion of the rough grading work and at final completion of the
grading work, the building oHicial shall require the following reports, drawings and supplements thereto
to be filed In the building oHicial's oHice:
1. Certification from the civil engineer that the grading work was completed in substantial
compliance with the final approved grading plan, as updated or revised.
2, An updated or revised grading plan prepared by the c~' II engineer, showing all revisions approved
by the building oHicial. This plan shall Include ground su ace elevations, lot drainage pztte lis, and
locations and elevations of ell surface and subsurface drai age facilities Instailed.
(b) Notificetion of Completion, The owner, responsible arty or person requesting th permit shail
notify tho building oHlcial when the grading operation is rea y for final Inspection. Firylapproval shail
not be given until ail required reports have been submltt d and until ail gradiryo work has been
completed In accordance with the final approved grading pi ns, Including inst~)hftion of all drainage
facilities and their protective devices and ail erosion-control easures. Upo'jl1ranting final approval,
the building oHicial shall authorize the release of any escrow to the de:zos'tor and Issue a certificate
of compliance.
Sec. 7016. Enforcement. In ail cases, the ultimate respo sibility f9 compliance with this chapter
shail rest with the owner of the property, notwithstanding th parti (patlan of any other responsible
party. Any violation of this chapter or rules promulgated ther 0 s ail constitute a nuisance and/or an
environmental infraction under both state and local law, In s event, the City may, at its option,
elect to carry out anyone or ail of the foilowing remedies: pr ecute environmental infractions under
Section 1, Article II of the Iowa City Code of Ordinances; de 0 revoke any permit under this chapter;
abate the nuisance in accordance with Section 24 of Arti e VI of the Iowa City Code of Ordinances;
and/or abate the nuisance under state law, Chapter 65 ,Iowa ode 119891.
SECTION III, REPEALER. All ordinances and parts of dinance in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERA81L1TY. If any section, pro sian or part 0 the Ordinance shail be adjUdged to
be Invalid or unconstitutional, such adjudicatio shail not affec the validity of the Ordinance as a
whole or any section, provision or part thereol not adjudged in va 'd or unconstitutional,
SECTION V, EFFECTIVE DATE. This Ordlna ce shail be in effect fter its final passage, approval and
publication as required by law.
Passed and approved this , 1993,
MAYOR
ATTEST:
CITY CLERK
AP",wd~~~
ity Attorney's Office ~o/9'.3
W..dmln\ch8~I,Ofd
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City of Iowa City
MEMORANDUM
Date:
May 6, 1993
To:
The Honorable Mayor Darrel G. Courtney and Members of the City Council
Linda Newman Gentry, City Attorney ~~
Update on Opinion Request; Amendment to the Uniform Building Code to
Incorporate "Registration of Construction Contractors" Requirements
From:
Re:
This is to let you know that I am still in the process of conducting some research, both
practical and legal, on the above questions directed to me at the last City Council meeting.
Hopefully if the City Council wishes to pursue this matter,l will have a memo prepared to you
in advance of your next work session, outlining any questions or conclusions I might have,
for your information.
I trust this will be of some assistance to you, but please do not hesitate to contact me if you
have any questions.
cc: Steve Atkins, City Manager
Marian Karr, City Clerk
Dale Helling, Assistant City Manager
Doug Boothroy, Housing & Inspection Services Director
Anne Burnside, First Assistant City Attorney
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'".A.
TERRY E, BRANSTAD, GOVERNOR
DEPARTMENT DF EMPLOYMENT SERVICES
DIVISION OF LABOR
ALLEN J, MEIER
COMMISSIONER
Dear Contractor:
Under Code of Iowa, Chapter 91 C (1993), any construction contractor per-
forming work in Iowa is required to be registered with the Iowa Division of
Labor. If you are currently engaged in a construction project in Iowa and
are not registered, you may be subject to citations and penalties under
Chapter 9 'j C:,
To initiate the process to become registered, you must obtain an Iowa
Employer Account Number from Job Service of Iowa. Enclosed is the form
(TKDD6) needed to obtain that number. Once completed, this form is to be
returned to our office at the address below:
Iowa Division of Labor
1000 East Grand Avenue
Des Moines, IA 50319-0209
Telephone (515) 281.3606
FAX Number (515) 242-6301
After we receive the TKDD6 and assign your Iowa Employer Account
, Number, we will mail you further information along with the Construction
Contractor Registration form.
1000 EAST GRAND AVENUE I DES MOINES, IOWA 50319.0209/515,281,3606
.~u
q7~
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TYPE OF DUSINESS
o Corporation
o Partnership
o Sole Proprietorship
APPLlCA liON TVPE
o NEW 0 RENEWAL
IOWA EMPLOYER ACCOUNT NUMBER
CURRENT REGlSTRA liON NUMBER
BUSINESS NAME AND BUSINESS ADDRESS Ilnclude Zip Code)
.
Counly
.
FEE INCLUDED FEE EXEMPTION
(Check or Money Order) (See Ins/ruel/ons)
o $25.00 0 YES 0 NO
Telephone No,
LIST NAMES OF ALL PRINCIPALS
AND TITLE IF INCORPORATED OR IF OWNER OR PARTNER,
NAME & ADDRESS (Includ, Ci~, Slrool & Zip C<XI'I
CHECK
information for accuracy
TELEPHONE NUMBER
Ilnclud,Area C<XI,
NMIE & ADDRESS (Includ' Ci~, Slroel & Zip Code)
MAKE
necessary changes
SIGN and DATE the form
TELEPHONE NUMBER
(Include ArcaCodel
This form must be filled out
completely or It will be returned
\0 your attention,
I CERTIFYTHATTHE COMPANY LISTED ON THIS FORM IS IN COMPLIANCE WITH THE WORKERS'
COMPENSATION LAWS OF THE STATE OF IOWA AS INDICATED BELOW,
D WORKERS' COMPENSATION INSURANCE (CERTIFICA TE OF INSURANCE ENCLOSED)
D SELF INSURANCE FORM ON FILE WITH THE IOWA INSURANCE COMMISSION
o NO EMPLOYEES / NOT REQUIRED
NamB 01 Person Completing Form (Print or Type)
SignaturB 01 Person Completing Form
Dale Signed
q Vi
Re/urn Green CODY To Con/rae/or Regls/ral/on and lelaln while copy for your fifes
f!IIl"IMI:I'I\n.~",,~~
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"
INSTRUCTIONS FOR COMPLETING CONTRACTOR REGISTRATION
3096491 (9-91)
IF YOU ARE MAKING A NEW APPLlCAT/ON
EMPLOYER ACCOUNT NUMBER: This number is obtained from Job Service 01 Iowa, Tax & Trust Fund Seclion, 1000 East
Grand Avenue, Des Moines, Iowa 50319,0209, and MUST BE OBTAINED before submilling this applicalion.1f you do not
have a number or do not know your number, contact Contractor Reglstralion althis address,
DIVISION OF LABOR
1000 East Grand Avenue
Des Moines, Iowa 50319,0209
.
TYPE OF BUSINESS: Check Appropriate Box
OWNERSHIP INFORMA TION: If the contractor is a corporalion, provide the name, address, telephone number, and posilion of
each officer of the corporalion, Include addilional sheets if necessary, If the employer is other than a corporalion, provide the
name, address, and telephone number of each owner,
\
WORKERS' COMPENSA TlON COVERAGE: If insured, enclose a Certilicate of Insurance from the insurance company
showing the effeclive date of coverage and IIsling the Division of Labor Services as a cerlificale holder, If self,insured, enclose
the form, Employer's Release from the Insurance Requirements under Workers' Compensalin Law, This form is provided to
self,insured employers by the Iowa Commissioner of Insurance,
NOTE: (under the law) ills the responsibility of the insurance carrier to nolify the Division of Labor if there is a termination of
workers' compensalion coverage. All other changes in workers' compensalion nolificalion requirements are the responsibility of
the contractor, To avoid revocalion of your reglstralion, please be sure to provide or have the inlormalion (application amend,
ment) provided in a prompt manner,
FEE: The applicalion lee is $25,00 for 2 years
'FEE EXEMPTION: To quaiify for an exemplion from the $25,00 blenniel fee, the contractor shall be self employed, shall not
pay more than $1,000,00 annually to employ other persons in the business, and shall not work wilh or for other contractors in
the same phase of construclion, If the contractor fails at any lime to meet the requirements for the exemplion, the contraclor
shall amend the appllcalion and forward the fee to the Division of Labor. If the conlraclor qualifies and wants to be exempt from
the fee, an aflidavil containing the following quaiifying Informalion, shall be enclosed wilh this applicalion.
'The contractor Is seff.employed
'A list of all employees employed In Ihe past 12 month period and the amount paid to each employee.
'A IIsl of all current employees,
IF YOU ARE RENEWING: check the Informalion on the front of this form for accuracy, then sign and dale as correcl.
INCLUDE $25.00 FEE
IF YOU ARE AN OUT OF STATE CONTRACTOR:
As an out 01 slate contraclor working in Iowa, you mustlile a surety bond wilh the Division of Labor if your conlract is In excess
of $5,000,00, The surety bond musl be executed by a surety company authorized 10 do business in Ihls state, and Ihe bond
must be conlinuous In nalure until cancelled by the surety company wilh not less than thirly (301 days wrillen notice to the
contractor and the Division of Labor, Tha bond must be 5% 01 the conlract price or $1,000,00, whichever Is greater, A copy of
your conlracl musst accompany the bond,
EI/ecl/ve July 1, 1991, an oul 01 slale conlraclor may IIle a blankel bond wilh the division in an amount no less than
$50,000,00 In Ifeu of lIIing individual bonds for mulliple contracts, If al any lime the amount of tho contracts in Iowa oxceeds
ono million dollars, Iho out of state contractor shall submil a bond providing addilional coverage, I
INCLUDE $25.00 FEE 97'1
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CONTRACTOR
L~BOR DIVISION, (1'93)
FOR AOMINISTRATIVE OFFICE USE ONLY
10WAEMPlOrn ACCOUNT NUMBER OATE
APPROVED BY
ACCOUNT NUMBERILOCAIION OR SSN OOCUMENT 10 NUMBER
TKo06
OOCUMENTCONTAOlOATE
PREOECESSORSNUMBfA
N
S
RA M Law Cllallon
96,19,5
OESCRIPIION
OESCRIPIIONICONTlNUeDl
POR
ADMINISTRATIVE
OFFICE USE ONLY
o l. Ol,.el W/Q FIN
o 2. Dlltel DOS FIN
o 3. DlrtclIAFrN
21 AREA
o 4. ThIrd W/O FIN
o 5. ThIn! DOS FIN
o 5. Third IA FIN
o 1. APO WID FIN
o 8, APO ODS FIN
o 9.APa IAFIN
JOB:; Joe SERVICE
SEJJ~ff?'" 1000 EAST GRANO AVENUE
DES MOINES, IOWA 50319
REPORT TO OETERMINE L1AaILITY
60.0126 11,87} .. 3090763
DETERMINATION DATE/MERGE DATE
PLEASE TYPE OR PRINT IN INK
VARIABLE CODE
Dascrlpllon 01 Employment AcllYlly In lowa.- PLEASE COMPLETE ev CHECKING eox AND GIVE DETAILS IN THIS SPACE
o Retelll,ade (explain) 0 Wholesale trade (explain),
o Conslrucllon (what type) 0 Finance, Insurance, Real Eslale (explain)
o Transpo~allon 0 Agrlcullure and Mining (Iypa)
and Public Ullllllas (typa) 0 Goyemment (what Iype)
o Service (what Iype) 0 Domasllc 0 Non.Publlc School
o Manu/aclurlng (explain)
1. TYPE OF OWNERSHIP
(CHECK ONe BOX) [J INDIVIDUAL a PARTNERSHIP 0 CORPORATION 0 OTHER (PLEASE DESCRIBE)
I, YOUR fEOEAAl 1,0, NUMBER
3. NAME OF OWNER, PARTNERS OR CORPORATE OffICERS
SOCIAL SECURITY NUMBER
RESIDENT ADDRESS
--
---
--
\
---
--
4, BUSINESS OR TAAOE NAME
CURRENTIOWAEMPlOYERACC,NO,
CORFORAIIONNAME
5,STREETAOOAESsFORMAIlINGTAXREFORTS
IFOSTOfFICEBOXI
ICIlY OR TOWNI
ICOUNTYI
ISTATEI
IlIPOOOEI
e. LOCATION
Of IOWA
EMPLOYMENT
(IF MORE THAN ONE LOCATION, ATTACH SEPARATE L1sn If SAME AS NUMBER 5, CHECK HERE 0 AND SKIP NUMBER e.
SIREET AOOREsS OR RURAL ROUTE NUMGER CIIYOR TOWN COUNTY STATE llPOOOE
7,OATEYOUBEGANEMPlOYINGWORKERsINIOWA
DATEYOUflRSTPAIOEMPlOYEESINIOWA STATE IN WHICH iNCORFORATED
OATEOflNCORFORATlON
8. DrD YOU PAY FEDERAL UNEMPLOYMENT TAX BUSiness Telephone Numbef (lncrude Aru Codet
IN THE PRECEDINQ YEAR BY
FILrNO FEDERAL FORM U01, ... eYES 0 NO
Home TeltphoneNumbet (IncludeAlea COde)
i. WAS THIS BUSINESS
ACQUIRED BY:
10, NAME Of FORMER OWNER
o STARTINQ IT YOURSELf
o INCORPORATION
C FORMINO PARTNERSHIP
C PURCHASE
AOOAEsSOffOAMEAOWNEA
o OTHERIElplllnl
OATEACOUIREO
IAAOENAME
CIIY
PRf~IOUSACCOUNT NUMOER (II known and oneuled
reporllllOPfevlouslOWAemploymenll
SlATE
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II.
fA) DID YOU ACOUIRE SUBSTANlIALLY ALL THE IOWA BUSINESS OF THISEMPlOYERl
........................ ......,.........,..,.,...........,.... ..~..........,...........
,.........,.,.........................,.....0 YES 0 NO
IF 'YES', DO YOU WANT IHE RATE RECOMPUTED fOR IIIE BALANCE Of IHE YEAR IN WHICH YOU PURCHASED THE BUSINESS? ....
..........0 YES 0 NO
If'NO',PtEASECOMPtETEOUESlIONBOfTHISSEClION.
IB) IF YOU DID NOr ACOUIRE ALL OF THE IOWA BUSINESS, WAS IHE PART ACOUIREOA CLEARLY
SEPARABlEANOIOENlIFIABLEPORTION?...................,.... ........................ ..,..........'...............".,..........................,............. ..,....,......... 0 YES 0 NO
IF'YES.,OOYOUWISHAPARlIAL TRANSFER OF EXPERIENCE FROM IHE ACCOUNT Of IIIE PREVIOUS OWNERl IN '1e:.ppllcall,nT"parll,1
transler 01 experience musl be made within 60 days 01 llansler III busIness) .... ......................... ......". . ......."................................................... ............................. 0 YeS 0 NO
II. If A NON,PROfl1 ORGANIIAlIOH EXEMPT FROM IHCOME lAX UHOER US.IHIERNAL REVENUE CODE 26 USC, ~IICI13I,IPLEASE ATTACH A COPY OF THE LEnER FROM IRS COHFIRMIHG lINS
CLASSIFICAlIOH,
13. FOR EACH OF THE FOLLOWING CALENDAR QUARTERS, ENTER THE GROSS QUARTERLY WAGES PAtD IN IOWA
ISTOUARTER
IHOOUARIER
JROOUARIER
41HOUARTER
CURREN I YEAR 19
PRECEOIHGYEARI9
INSTRUCTIONS FOR COMPLETING THE BOXES eELOW
1. Enler a CHECK II you had 1 or mOle IOWA EMPLOYEES employed by you on any palt 01 any day III each calendar w~ek during the current and preceiling calendar years.
Include lull and parHlme employees, corporate olllcels. students. traveling or cUy salesmen, and commission or ag~nt drivelS (other Ihan milk) perfo/mlng service lor Yllu In fowa.lnclude aU Iowa
employmenl 11 In more Ihan one 10caUon wilhin the Slale.fowa employers MUST loclude U.S. Citizens pellolmlng se/vlce IOllhem In a lorelgn counlry (ExcepI. Canada and Ihe VirgIn Islands).
2. FOR AGRICULTURE EMPLOYMENT PLEASE LIST THE NUMBER OF EMPLOYEES FOR EACH WEEK INSTEAD OF THE CHECK MARK.
WEEX
ENTER A CHECK 111
OR GIVE THE NUMeER 2nd
OF EMPLOYEES FOR 31d
EACH WEEK, 4th
\ 15EE ABOVE) 51h
CURRENT YEAR 19_
WEEK
ENTER A CHECK 111
OR GIVE THE NUMeER 2nd
OF EMPLOYEES FOR 31d
EACH WEEK, 4th
15EE ABOVE) 5th
PRECEDING YEAR 19_
JAH
fEB
MAR
APR
MAY
JUHE
JULY
AUG
SEPI
OCT
HOV
OEC
JAH
fED
MAR
APR
MAY
JUliE
JULY
AUG
SEPT
OCT
HOV
OEC
14, HAMEAHO MAILIIIGAOORESSOF YOUR ACCOUHTAHI [Includ. lip Cod.1
15. IF IT IS OETERMIHED YOU ARE EXEMPI fROM IIIE PROVISIONS Of IIIE IOWA EMPLOYMENT SECURITY
LAW, 00 YOU WISH 10VOlUIITARILY ELECT TO OECOME SUBJECT1
...........,.'....,..,............................,...,...............,..,.... ..................,0 YES 0 HO
I DECLARE UNDER PENALTIES PROVIDED BY LAW, THATIIIE
FOREGOIHG STATEMEHlS AIIOATTACIlEO SCIIEOULES ARE TRUE AHO CORRECT 10 lHEOES! Of MY
KHOWLEDGE,
ACCOUHTAHrSTElEPIIOIIEHUMOERllnclud,A",C,d.)
16, HAMEAIIOAOOnESSOFYOUROAHKllnclud,llpC'd'1
Slgnalurc
Title
Dale
o CIIECKIHG OSAViIIGS
Iowa Dap3rlmcntolJobServiteField^udilor
Dale
tESClllrvs
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913
STATE BUILDING CODE, 1103,1,2
SUBTITLE 6
BUILDING CODES
CHAPTER 103
FIRE ESCAPES AND OTHER MEANS OF
ESCAPE FROM FIRE
IItpeal~byaIAcll,(h46,f3;1<<IIOOJ5
........--..
CHAPTER 103A
103,1,23 Fees.
DIVISION! 103,1.24 Bond for out.oC.state contractors. Repealed
STATE BUILDING CODE ACT by 89 Acts, ch 254, ! 4.
103,1,25 Prior resolutions.
103,1,1 Establishment. 103,1,26 tn 103,1,29 Reser\'ed.
103,1.2 Statement ofpolic}', 01\'IS10NII
103,1,3 Definitions. MOBILE 1I0~'E TIEDOWN SYSTF.MS
103,1,4 Building code commissioner.
103,1,5 Commissioner - duties. 103,1,30 Approved tiedown system provided in sales of
103A.8 Merit system. new or used mobile homes.
103,1,7 State building code, 103,1,31 Installer compliance and certification.
103A,8 Standards, 103A,32 Compliance.
103A,8A Minimum energy efficiency smndnrd. 103,1,33 Listing and form of certificntion of approved
103,1,9 Factory.builtstroctures, s)'stems provided.
103A,I0 Effect ond application, 103,1,34 to 103,1,40 Reserved,
103,1,11 Rules - public hearing, DI\'!SIONIII
103,1,12 Adoption and withdrawal - procedure.
103,1.13 Alternate materinls and methods of :iTAT& HISTORIC BUILDING CODE
construction.
103A,14 Advisory council. 103,1,41 State historic building code.
103A,15 Board oC review. 103,1,42 Designation of qualified historic buildingsllnd
103,1,16 Board of review - appeal. structures.
103A.17 Board of review - procedure. 103,1,43 Application of state historic building code liS
103,1,18 Court proceedings, alternative.
103A,19 Administration Bnd enforcement. 103,1,44 State historic building code advisor)' board -
103,1,20 Permits - duty to issue. "eatiun, Repealed by 86 Acta, ch 1245,
103A,21 Penalty, ! 1340,
103,\,22 Construction of statute. 103,1,45 State historical society board - duties.
DIVISION I
STATE BUILDING CODE AC1'
building codes which du exist in the govern!"enta)
subdivisions of this state, as enacted and applied, are
not uniform and impede the utilization of new and
improved technology, techniques, methods, and mo.
terinls in the manufacture and construction of build.
ings nnd structures.
Therefore, it is the policy of the state .of l~~a to
insure the heuith, surety, and welfare of Its CItizens
through the promulgation and enforcement of a
state building code,
IC73, 75, 71, 79, 81, !103A,2j
I03A.l Establishment.
This chapter sholl be known os the 'Stote Building
Code Act",
len, 75, 77, 79, 81, !103A,11
I03A.2 Statement or polley,
It is found and declared that some governmental
subdivisions do not bave building codes and that the
_________JII!al:!dUll....-..-
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1103.1,3, STATE 8U1LDING CODE OH ,,'
'''I
l03A,3 Definitions, 15, 'Manllfat'tu,,'is the process of making, fab, 'I
As used in this chnpter. unless the context other. ricating, constructing, forming, or assembling a i
wise requires: product from raw, unfinished, or semi, finished ma,
1. "Board of review" or "board" means the state terials, ,.
building code board IIf review created by this chap, 16, ~New cOllBtruction" means construction of
ter, buildings and faetory-built structures which is com.
2, "Buildinf means a combination of any mate. menced on or after January 1, 1978, Notwithstand,
rials, whether portable or fixed, to form a structure ing the definition in subsection 5 of this section,
affording facilities or shelter for persons, animals or when the term "new construction" appears in this
property, The word "bllildillg" includes any part of chapter, "construction" is limited to the erection, reo
a buildiag unless the cllntext c1enrly requires a differ. construction or conversion of a building or factory_
ent meaning. buiit structore and additions to buildings or factary-
3, ~Bllilding re::ulatium" means any law. bylaw, built structures and does not include renovations or
rule, resolution. regulation, ordinance, or code or repairs. ~
compilation enacted or adopted, by the state or any 17. "Out-ai-state contractor" means a person ..
governmental subdivision, including departments, whose principal place ofbusilless is in another state, !'!
boards. bureaus, commissions or other agencies, re- and which controcts to perform construction, instnl- "",
lating to the construction, reconstruction. alteration. lation, or any other work covered by this chapter, in ',t;'
conversion, repair or use of buildings and instnlla, this stnte, ;!;
.J>;
tion of equipment therein, The term sholl not in, 18. "Owner" means the owner of the premises, a J;
J..
elude zoning ordinances or subdivision regulations. mortgagee or vendee in possession. an assignee of .~~,
4, "Comm;,,,ioner" meons the state building code rents, or a receiver, executor, trustee, lessee or other ~"
commissioner created by this chapter. person in control of n building or structure, J,l(,:
.t~-
5, "Comtruction" means the construction, cree- 10, "Performance objective' establishes design ~~
tion, reconstruction, alteration, conversion, repair, and engineering criteria without reference to specific ~t;
'q
equipping of boildings, structures or facilities, and methods of construction, .,
requirements or stnndords relating to or affecting 20, "Permanent site' menns IIny lot or parcel of 1$
Ii
materials used in connection therewith, including land on which a mobile home used as a dwelling or "
provisions fllr sofety and sanitary conditions, place of business, is located for ninety consecutive i
6. "Counril" means the stnte building code odvi, days except a construction site when the mobile ,'" ,
sory council erented by this chapter. home is used by a commercial contractor as a con- .~
T"
7. 'Equipment" means plumbing, heating, elec, struction office or storage room. '~
..
trical, ventilating, conditioning, refrigerating equip, 21. "State agency" means a state department, \t!'
ment, elevatllrs, dumbwaiters, "calators, and other board. burellu, commission, or agency of the stnte of 'flI~
mechanical facilities or installations, Iowa,
8, ~Factory.bui1t structure" means any structure 22. "Stote building rode" or "code" means the
which is, wholly or in substantial part, mode, fobri, state bnilding code provided for io section 103A,7,
\ cated, formed, or assembled in manufacturing focili, 23, 'Stote historic building code" menns the al.
ties for installation IIr IIssembly and illstollation, on ternotive huilding regulations and boilding stan'
o building site. 'Factory. built ,'trueture" iaelodes the dards for certain historic buildings provided for in
term "mobile home" as defined in seetion 435,1. section 103A,'Il,
9, "Governmental subdivi..~ion" menns any city, 24, "Strllrture' means that which is boilt orcon.
county, or combination thereof, structed. IIn edifice or building of any kind, or any ',~
to. "Ground anchoring sj',~tem" mealls nny de- piece of work artificially boilt op nr composed af
vice or combination lIf device!; Ilsed to securely an- parts joined together in some definite manner except
chor 0 mobile home to the ground, transmission and distribution structures of public
II. "Ground ,~upport .~)',~tem" menns any device utilities, The word "strurtllre" includes any port of
or combination of devices pluced beneath 0 mohile u structure unless the context clearly requires a dif,
home and used to provide support. ferent meaning. "
12, "/n"tallotion" means the assemhly of faetory, 25, "Tiedown system" means n ground support ,
built stnletures on site and the prncess of affixing system and a groond IInchllring system used In con. -,
factory,huilt struclor" to land, u foundution, foot, cert to provide anchoring nnd support for a mohile :;"
~ngs, or an "isting huilding, home,
13, "I.ocal building department' means an ngen' IC73, 75, 77, 79, 81,1103.1,31 "~
cy of ony goveromental subdivision charged with the 801 Acts, ch 1113, I I; 87 Acts, ch 60, 13 ,~
'"
administration, supervision, Ilr enforcement of :luli'Klllln, trntlmhrrl'llln "!Ilh~btlilr :,
'i'
building reh"llotions, apprnval of plans, inspection of ,}~(
hoildings, or the issunnce IIfpermits,licenses(certifi, 103,1,,1 Building code commissioner,
eate~lIld similar documents, prescrihed or requirecl The commissioner of public safety, in addition to '1
by state IIr local huilclinK "h"lutions, other c1uties, shall setl'e as the stnte building code
1,1, "I.ocal building ff'J[lllatillfl$" menn!! bUilding cllmmissionl!r or may desihrnnto n building code com-
tej,1\llntillnli lIdopted by a gnvl!tIImentnl subdivision, missioner.
"... ~ 'V""'-------.--.... ......------..~- ....". , y -
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-
1103,1,21, STATE BUILDING CODE
103A,21 Penn!ty.
1. Any person served with nn order pursunn! to
the provisions of section 103A.19, subsection 3, who
fnils to cnmply with the order within thirty dnys
nfter service or within the time fixed by the locnl
boilding depnrtment fnr complinnce, whichever is
longer. nnd nny owner, builder, nrchitect, tennnt,
contractor, subcontractor, construction superinten-
dent or their ngents, or nny other person taking part
or assisting in the construction or use of any building
or structure who shnll knowingly violate nny of the
applicnble provisions of the state building code or
any Inwful order of n locnl building department mnde
thereunder, shnll be guilty nf a simple misdemeanor,
2, Violation of this chapter shnll not impose nny
disnbility upon or affect or impnir the credibility ns
a witness, or otherwise, of any person.
Violntions of this section shnll be simple misde,
meannrs.
3, As an nltemntive to filing criminnl charges as
provided in this section, the commissioner mny file
n petition in the district court nnd obtnin injunctive
relief for any violntion of this chnpter or chnpter
104,\,
[C73, 75, 77, 79, 81,!103A,21; 81 Acts, ch '!9,!IJ
103A.22 Construction of statute.
1, Nothing in this chnpter shall be construed ns
prohibiting nny governmental subdivision from
ndopting or enncting nny huilding regulntions relat,
ing to nny building or structure within its limits, but
n governmental subdivision in which the stnte build,
ingcode has been nccepted and is applicnble shnll not
hnve the power to supersede. void, or repenl or mnke
more restrictive nny of the provisions of this chnpter
or of the rules ndnpted by the commissinner,
2, Nothing in this chnpter shnll be construed as
nbrogating or impniring the pnwer of nny govern.
mental subdivision or local building department to
enforce the provisions of nny building regulntions, or
the applicnble provisions nf the stnte building code,
or to prevent violntions or punish violators except ns
otherwise expressly provided in this chnpter,
3, The powers enumernted in this chapter shnll
be interpreted liberally to effectuate the purposes
thereof and shnll not be construed ns n limitntion of
powers,
IC73, 75, 77. 79, 81, 1103,1,221
103,1.23 Fees,
For the purpose of obtnining revenue to defrny the
costs of administering the provisions of this chnpter,
the commissioner shnll establish by rule a schedule
nf fees bnsed upon the co,ts of ndmini,tration which
fees ,hnll be collected from persnn' whose manufnc,
ture, instnllntion ur constructinn i, ,ubject to the
provisions of the ,tnte building code,
All fees collected by the commissioner shull be de,
po,ited in the ,tnte treu,ury to the credit uf the gen'
ernl fund,
All federul grauts to uud federal receipt, nf the of,
lice of state huildinl{ cnde cnmmi!lsillllCr nre nppro-
printed for the purpose set forth in the federal grants
or receipts.
IC73, 75, 77. 79, 81,!103A,23J
103A,24 Bond for out-oC.state contractors.
Repealed by 89 Acts, ch 254, 1 4, See !91C,7,
103A,25 Prior resolutions.
A resolution nccepting the stnte building code,
which wa, ndopted before the effective dnte of thi,
Act. is an ordinnnce for the purpose nf thi, chapter,
89 Acts, ch 39, 13
103A.26 to 103A,29 Reserved,
DIVISION II
llOBlLE HOME TIEOOIVN SYSTEMS
103A.30 Approved tiedownsystem provided
in snles oC new or used mobile homes,
Any person who sell, a new or used mobile home
shnll provide nn npproved tiedown system.
The purchaser shnll install or hnve instnlled thi,
system within one hundred fifty dnys oflocating the
mobile home on a permnnent site.
[C79.81,!103A,301
103A,31 InstaUer compliance and eertifiea.
tion,
Any person who install, n tiedown system shnll
comply with the minimum ,tnndnrds for such sys,
tern" and shnll provide the owner of the mobile
horn, nn which installation is made nnd the commis-
sioner with a certification of npproved system instal,
lalion, Such certification shnll be in proper form ns
established by the commissioner,
[C79.81.!103A,311
103A.32 Complianoc.
When it appenrs that a person is in noncompliance
with the provisions of sections 103A,30 to 103,1,33
the commissioner shall prescribe 0 period oCtime not
to exceed one hundred twenty dnys within which
complinnce mu,t be nchieved nnd the commissioner
,hall so notify the person,
[C79, 81, 1103A,321
103A,33 Listing nnd Corm oC certiftention of
approved systems provided,
The commissioner ,hall provide upon request n
li,t of approved tiedown sy'tems nnd instruction,
for the completion of proper certificntion ef ap'
proved system installntinn.
[C79,81.!103A,331
103A,34 to 103A.,1O Reserved,
IlIVISION III
,TAn: III,TOItIC UUII.DING COog
103,1.,11 State historic building code,
The cllnuni"illner. with the npprovnl of the state
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historical society board established by sect inn 303,4,
shall r,dopt, in accordance with chapter 17 A, alterna,
til'e building standards and bUilding reb'lllations for
the rehabilitation, preservation, restoration linclud,
ing related reconstruction} and relocation of build,
ings or structures designated by state agencies or
governmental subdivisions as qualified historic
buildings which are included in. or appear to meet
criteria for inclusion in, the national register of his,
lorie places, The alternative building standards and
building regulations comprise and shall be known as
the state historic huilding code. The purpose of the
state historic building code is to facilitate the resto.
ration or change of occupancy of qualified historic
buildings or structures so as to preserve their origi,
nal or restored architectural elements and features
and, concurrently, to provide reasonable safety from
fire and other hazards for the occupants and users.
through a cost'effectil'e approach to preservation,
84 Acts, ch 1113, 12
\
I03A.42 Designation of qualified histnrie
buildings nnd structures,
I. A state agency or governmental snbdivision
may designate as appropriate for the application of
the state historic building code those huildings,
structures and collectinns of structures subject to its
jurisdiction for which the stnte historic preservation
officer, in response to an adequately documented re,
quest, has issued an opinion affirming that the prop'
erty is either included in or appears to meet criteria
for inclusion in the national register of historic
places, A building, structure or collection of struc,
tures so designated is a qualified historic building or
structure for purposes of sections 103A,41through
103A,45.
2, As used in this section, 'buildings, "tructures
and collections nf structures 'includes their associat,
ed sites,
84 Acts, ch 1113, 13
103A,43 Applieation of state hiatoric build.
ing eodo as a110rnative,
I. The state historic building code cnnstitutes a
lawful alternative building code for applicatinn by
state agencies and governmental subdivisions as pro,
vided in subsections 2 and 3,
2. A state agency may apply the provisiuns of the
state building code or of the state historic building
code, or any combination of the two, in providing
reasonable safety from fire and other hazards for the
occupants and other users while permitting repairs,
alterations and additions necessary for the preserva'
tion, restoration, rehabilitation, relocation or con.
tinued use of qualified historic buildings or struc,
tures.
3, A gnvernmental subdivision may apply the
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STATE BUILDING CODE, li03A,45
provisions of its regular local building standards and
building regulations or of the state historic building
code, or any combination of the two, in providing
reasonable sa fell' from fire and other hazards for the
occupants and ~ther users while permitting repairs,
alterations and additions necessary for the preserva'
tion, restoration, rehabilitation. relocation or con.
tinued use of qualified historic buildings or struc-
tures.
4, The alternative building standards and build,
ing regulations of the state historic building code
shall be enforced in the same manner and by the
same governmental entities as the regular bnilding
standards and bnilding regulations of those govern.
mental entities respectively,
5, When the requirements of the state historic
building code are applied to repairs, alterations or
addi:ions to qualified historic buildings or struc,
tures, the requirements of this chapter and chapter
10M which are in conflict with the stnte historic
building code do not apply to those repairs, alter.
ations or additions,
84 Acts, ch 11I3,l4
103A.H Stute historic building code adviso.
ry board - creation. Repealed by 86 Acts, ch
1245,11340,
103A,45 State historical society board _
duties,
The state historical snciety board shall:
I. Recommend to the commissioner alternative
building standards and building regulations for in.
c1usion in the state historic building code,
2, Approve or disapprove alternative building
stendards and building regulations which the com,
missioner propnses to include in the state historic
building code, A majority vote of the membership of
the board is required for this function,
3, Advise and confer with the commissioner in
matters relating to the stnte historic building code,
4, Consult with state agencies, including the
state fire marshal and the department of cultural af,
fairs, governmental subdivisions, architects, engi,
neers, and others who have knowledge of or interest
in the rehabilitation, preservation, restoration, and
relocation of historic buildings, with respect to mat,
ters relating to the state historic building code,
5, At the request of a stnte agency, governmental
subdivision or nther interested party, provide review
and advice as to specific applications of the stnte his,
toric building code,
6, At the request of the cnmmissioner, hold pub,
lic hearings and perform other functions as the com,
mi!lsioner requests.
8,1 Acts, ch 1113, l6; 86 Acts, ch 12,15, ! 1339
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CORPORATION
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CONSTRUCTION CONTRACTORS.IOIC,2
CHAPTER 91B
EMPLOYEE ACCESS TO PERSONNEL FILES
918.1 Files - access by employees.
OIB.I Files - access by employees.
An employee, aa defined in section 01,1,2, sholl
have acceas to and shall be permitted to obtain a
copy of the employee's personnel file maintained by
the employee's employer, as defined in section 01,1,2,
including but not limited to performance evalua,
tions, disciplinary records, and other information
concerning employer,employee relations,
However, an employee's access to a personnel file
is subject to all of the following:
1, The employer and employee shall agree on the
.
time the ,mployee may have mess to the employee's
personnel file, and 0 representative of the employer
may be present.
2. An employee sholl not have access to employ.
ment references written for the employee.
3, An employer may charge 0 reasonahle fee for
each copy mode by the employer for an employee of
an item in the employee's personnel file, mept that
the total amount charged for all copics mode cannot
meed five dollars,
90 Acts, ch 1033, !i
CHAPTER 91C
CONSTRUCTION CONTRACTORS
Contractor frriltflllon numbtr ftquirM lo obtain buirdin~ ptrmit; lI03".20
91C.l Definition - exemption.
91C.2 Registration required - conditions.
91C.3 Application - information to be provided.
OIC,j Fm,
9tC.S Public registration number - records.
OIC.I Definltioa - exemption,
1. As used in this chapwr, unless the context
otherwise requires. Mcontractor. means a person who
engages in the business of construction, as the term
'colIStructioo'is defined in section 345,3,82 (96),
Iowa Administrative Code, for purposes of the Iowa
employment security law, However, a person who
earns less than one thousand dollars annually or who
performs work or has work performed on the per,
son's own property is not a contractor for purposes
of this chapter, The slate, its boards, commissions,
agencies, departments, and its political subdivisions
including school districts and other special purpose
districts, are not contractors ror purposes of this
chapter,
2, If a contractor's registration application
shows that the contractor is self,employed, does not
pay more than one thousand dollars annually to em,
ploy other persons in the business, and docs not
work with or for other contractors in the same
phases of construction, the contractor is exempt
from the fee requirements under this chepter,
88 Acts, ch 1162, !2; 91 Acts, ch 136, !,l
91C,6 Rules,
91C.7 Contracts - contractor's bond.
9tC.S Investigations - enforcement - administrative
penalties.
OIC.2 Registration required - condltiona.
A contractor doing business in this state shall reg,
ister with the labor commissioner and shall meet
both of the following requirements as a condition of
registration:
1, The contractorshall be in compliance with the
laws of this state relating to workers' compensation
insurance and shall provide evidence of workers'
compensation insurance coverage annually, of relief
from the insurance requirement pursuant to section
87,11, or a statement that the contractor is not re'
quired to carrylVorkers' compensation coverage, No,
tice or a polley's cancellation shall be provided to the
labor commissioner by the insurance company,
2, The contractor shell possess an employer ac'
count number or a special contractor number issued
by the division of job service of the department of
employment services pursuant to the Iowa employ.
ment security law,
88 Acts, ch 1162, !3; 90 Acts, ch 1136, !i0
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191C,3, CONSTRUCTION CONTRoICTOIlS
91C,3 Application - inFormntion to be pro.
vided,
The registration npplication shall be in the form
prcscribed by thc labor commissioner, shall bc ac,
companicd by the reboistration fee prescribed porsu,
ant to section 91C,4, and shall contain inFormation
which is substantially complete and aCCurale, In ad,
dition to the inFormation determined by the labor
commissioner to be necessary for pllrposes of section
91C,2,Iheapplication shall include information as to
each of the following:
1. The name, principal place of business, ad,
dress, and telephone number of the contractor,
2, The name, address, telephone aumber, and
position of each officer of the contractor. if the con,
tractor is a corporation, or each owner if the contrac.
tor is not n corporation.
3, A description of the business, including the
principal products and services provided,
Any change in the inFormation provided shall be
reported promptly to the labor commissioner,
88 Acts, ch 1162,l4: 90 Acts, ch 1136, III
91C..! Fees.
The labor commissioner shall prescribe thc fee for
registration, which fee shall not excecd twentl',five
dollars evef)' two years, All fees colleeled shall be dc,
posited in the general fund of the state,
88 Acts, ch 1162,l5: 90 Acts, ch 1136,ll2
91C.5 Public registration number _ ree.
ords.
The labor commissioner shall issue to each regis,
tered contractor an identifying public reboistration
number and shall campile records showing the
names and public registration uumbers of all con,
tractors registered in the state. These records and
the complete registration informatiou provided by
each contractor are public records and the labor
commissioner shall take steps as necessaf)' to facili,
tate access to the information by governmental
agencies and the general public,
The labor commissioner shall revoke a registra.
tion number when the contractor fails to maintain
compliance with the conditions necessaf)' to obtain
a registration, The lahor commissioner shall provide
a fact'finding interview to assure that the contractor
is not in compliance before revoking any registra,
tion, Hearings on revocation of reboistrations shall be
held in accordance with "'tion 91C,8,
88 Acts, ch 1162, l6: 90 Acts, ch 11:16, ll3
91C.6 Itules.
The labor commissiouer shnll adupt odes, pursu,
ant to chapler 17,1, determined to be reasonnbll' uce,
essnry for phasing in, administering, !lnd enforcing
the system uf contractor re.oistration established by
this chaplcr,
88 Acts, ch 1162, l7: 91l Acts, ch 11:I6,ll,1
91C.7 Contracts - contractor's bond
1. A co~tr~ctor who is, not registered Wi;h Ihe
labor commISSioner as reqll1red by this chapter shall
not be awarded a contract to perform work for the
state or an agency of the state,
2. An out.oC-state contractor, before commenc.
ing a contract in excess of five thousand dollars in
valuc in Iowa, shall file a bond with the diVision of
labor services of the department of employment Sor,
vices, The surety boad shall be executed bl'a Surely
compauy authurizcd to do business in this state, and
the bond shall be continuous in nature until canceled
by the surety with not less than thirty days' written
notice to the contractor and to the division of labor
services of the department of employment services
indicating the surety's desire to cancel the bond, The
surety company shall not be liable under the bond for
any contract commenced after the cancellation of .
the bond, The bond shall be in the sum of the greater
of the following:
a, One thousand dollars,
b, Five percent of the conlract price,
An out,of,state contractor may file a blanket bond
in an amount at least equal to fifty thousand dollars
for the registration period established under section
91 C,4 in lieu of filing an individual bond for each
contract. The division of labor services of the depart,
ment of employment services mol' increase the bond
amount after a hearing.
:I. Itelease of the bond shall be conditioned upon
the payment of all taxes, including contributions due
under the unemployment compensation insurance
system, penal lies, interest, and related fees, which
may accrue to the state of Iowa, If atony time during
the term of the bond, the department of revenue aod
finance or the deportment of employment services
determines that the amount of the bond is not suffi,
cient to cover the lax liabilities accruing to thc slate
of Iowa, the labor commissioner shall require the
bund to be increased by on amount the labor com,
missiuner deem, sufficient to cover the tax liabilities
accrucd and accruing,
,I. The dcportment uf revenue and finance and
the division of job service of the department of em,
ployment services sholl adopt rules for Ihe collection
of the forFeiture, Notice sholl be provided to the
surety and to the contractor, Notice to the contrac'
tor shall be mailed to the contractor's lost known ad,
dress and to the contraclor's reboistered agent for ser,
vice of process, if nnl', within the state, Thc
contractor or surety shall have the opportunity to
apply to the director of revenue and finance for a
hearing within thirty days after the boiving of such
notice, Upon the failure to timely request 0 hearing,
the bond ,holl he forfeited, If, ufter the heoring upon
timcly request, the depnrtmentof revenuc ond fi.
nance or the division ofjobserl'ice of tho departmcnt
of employment services fiods that the contractur hos
failed to pOl' the tololof nlllaxes paynhle.the deport,
9.2i.
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",ent of revenue and finance or the department of
employment services shall order the bond forfeited,
The amount of the forfeiture shall be the amount of
taxes payable or the amount of the bond, whichever
is less, For purposes of this section 'toxes poyoble'
means all tax, penalties, interest, and fees that the
department of revenue and finance has previously
determined to be due to the state by assessment or
in an appeal of an assessment, including contribu,
tions to the unemployment compensation insuronce
s\'stem.
. 5, If it is determined that this section may cause
denial of federal funds which would otherwise be
available, or would otherwise be inconsistent with
requirements of federal law, this subsection shall be
suspended. but only to the extent necessary to pre,
vent denial of the funds or to eliminate the inconsis.
tency with federal requirements.
6. The bond required by this section may be at.
tached by the commissioner foreollection of fees and
penalties due to the division,
88 Acts, ch \162, 18; 89 Acts, ch 254, II; 91 Acts,
ch 136, 15
\
91C.8 Investigations - enforcement - ad.
ministrative penalties.
I. The labor commissioner and inspectors of the
division of labor services of the department of em'
ployment services have jurisdiction for investigation
and enforcement in cases where contractors may be
in violation of the requirements of this chapter or
rules adopled pursuant to this chapter,
2, If, upon investigation, the labor commissioner
or the commissioner'a authorized representative be.
lie'les that a controctor has violated any of the fol,
lowing, the commissioner shall with reasonable
promptness issue a citatiun to the controctor.
0, The requirement that a contractor be regis,
lered,
b, The requirement that the contractor's regis,
tration information be substantially complete and
accurate.
c, The requirement that an out,of,state contrac'
tor file a bond with the division of labor services.
3, Each citation shall be in writing and shall de,
scriba with particularity the nature of the violntion,
including a reference to the provision of the statute
alleged to have been violated,
4, If a citation is issued, the commissioner shall,
within seven days, notify the contractor by certified
mail of the administrative penalty, if any, proposed
_/W~--"--i:::Il:t~
CONSTRUCTION CONTRACTORS,191C.8
to be assessed and that the contractor has fifteen
working days within which to notify the commis'
sioner that the employer wishes to contest the cita,
tion or proposed assessment of penalty,
5, The administrative penalties which may be
imposed under this section shall be not more than
five hundred dollars in the case of a first violation
and not more than five thousand dollars for each vio.
lation in thecase of a second or subsequent violation,
All administrative penalties collected pursuant to
this chapter shall be deposited in the general fund of
the state.
6, If, within fifteen working days from the reo
ceipt of the notice, the contractor fails to notify the
commissioner that the contractor intends to contest
the citation or proposed assessment of penalty, the
citation and the assessment, as prnposed. shall be
deeL1ed a final order of the employment appeal
board and not subject to review by any court or agen'
cy,
7, If the contractor notifies the commissioner
that the contractor intends to contest the citation or
proposed assessment of penalty, the commissioner
shall immediately advise the employment appeal
board established by section 10A,601, The employ.
ment appeal board shall review the action of the
commissioner and shall thereafter issue an order,
based on findings of fact, affirming, modifying, or va'
eating the commissioner's citation or proposed pen'
alty or directing other appropriate relief, and the
order shan become final sixty days after its issuance,
8, The labor commissioner shall notify the de'
partment of revenue and finance upon final agency
action regarding the citation and assessment of pen'
alty against a registered contractor.
9, Judicial review of any order of the employ.
ment appeal board issued pursuant to this section
may be sought in accordance with the terms of chap.
ter 17A, Ifno petition for judicial review is filed with,
in sixty days after service of the order of the employ,
ment appeal board, the appeal board's findings of
fact and order shan be conclusive in connection with
any petition for enforcement which is filed by the
commissioner after the expiration of the sixty.day
period. In any such case, the clerk of court, unless
otherwise ordered by the court, shan forthwith enter
a decree enforcing the order and shall transmit a
copy of the decree to the employment appeal board
and the contractor named in the petition,
88 Acts, ch 1162, 19; 89 Acts, ch 254, 12, 3
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STATE OF IOWA
REGISTRATION OF
CONSTRUCTION
CONTRACTORS
IOWA CODE, CHAPTER 91C
AND
ADMINISTRATIVE RULES
I ,
91r
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CHAPTER 9IC
CONSTRUCTION CONTRACTORS'
Contractor rc(islrllion number ttquirtd to obt:lin buildinr permit: f IOJA.20
91C,I Definition - exemption.
91C.2 Registration required - conditions,
91C,3 Applieslion - information to be provided.
91C,4 Fees,
91C,5 Public registration number - records,
\
9IC.I Definition - exemption.
I. As used in this chapter, unless the contelt
otherwise requires, "controctor' means a person who
engages in the business of construction, as the term
'construction'is defined in section 345.3,B2 (96),
Iowa Administrative Code, for purposes of the Iowa
employment security law, However, a person who
earns less than one thousand dollars annually or who
performs work or has work performed on the per.
son's own property is not a contractor for purposes
of this chapter, The state, its boards, commissions,
agencies, departments, and its political subdivisions
including school districts and other special purpose
districts, are not contractors for purposes of this
chapter.
2. If a contractor's registration application
shows that the contractor is self.employed, does not
pay more than one thousand dollars annually to em.
ploy other persons in the business, and does not
work witb or for otber contractors in tbe same
phases of construction, tbe contractor is elempt
from the fee requirements under tbis cbapter,
BB Acts, ch 1162, 92; 91 Acts, cb 136, 94
91C,S Rules,
91C.7 Contracts - contractor's bond,
91C,S lnvestigations - enforcement - aelmioistrative
penalties,
9lC,2 Registration required - conditions.
A contractor doing business in tbis state sball reg'
ister witb tbe labor commissioner and sball meet
botb of tbe following requirements as a condition of
registration:
I. Tbe contractor sball be in compliance with tbe
laws of tbis state relating to workers' compensation
insurance and shall provide evidence of workers'
compensation insurance coverage annually, of relief
from tbe insurance requirement pursuant to section
B7,1I, or a statement tbat tbe contractor is not reo
quired to carry workers' compensation coverage. No.
tice of a policy's cancellation sball be provided to tbe
labor commissioner by tbe insurance company.
2, Tbe contractor sball possess an employer ac.
count number or a special contractor number issued
by tbe division of job service of tbe department of
employment services pursuant to the Iowa employ-
ment security law.
BB Acts, cb 1162, 93; 90 Acts, ch 1136, 910
97r
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!9IC,3, CO~STRUCTIO~ CONTRACTORS
91C.3 Application - information to be pro-
vided.
The registration application shall be in the form
prescribed by the labor commissioner, shall be ac.
companied by the registration fee prescribed pursu.
ant to section 91CA, and shall contain information
which is substantially complete and accurate. In ad.
dition to the information determined by the labor
commissioner to be necessary for purposes of section
9IC.2. the application shall include information as to
each of the following:
1. The name, principal place of business, ad.
dress, and telephone number of the contractor,
2. The name, address. telephone number, and
position of each officer of the contractor, if the con.
tractor is a corporation, or each owner if the contrac,
tor is not a corporation,
3. A description of the business. including the
principal products and services provided,
Any change in the information provided shall be
reported promptly to the labor commissioner,
S8 Acts, ch 1162. 14: 90 Acts. ch 1136, S11
9IC.4 Fees.
The labor commissioner shall prescribe the fee for
registration. which fee shall not exceed twenty,five
dollars el'etl' two vears, All fees collected shall be de.
posited in the ge~eral fund of the state,
88 Acts, ch 1162, g5; 90 Acts. ch 1136, !I2
\
9IC.5 Public registration number - rec.
ords.
The labor commissioner shall issue to each regis.
tered contractor an identifying public registration
number and shall compile records showing the
names and public registration numbers of all con.
tractors registered in the state, These records and
the complete registration information provided by
each contractor are public records and the labor
commissioner shall take steps as necessary to facili,
tate access to the information by governmental
agencies and the general public,
The labor commissioner shall revoke a registra.
tion number when the contractor fails to maintain
compliance with the conditions necessary to obtain
a registration, The labor commissioner shall provide
a fact.finding interview to assure that the contractor
is not in compliance before revoking any registra.
tion. Hearings on revocation of registrations shall be
held in accordance with section 91C,8,
88 Acts. ch 1162, 16; 90 Acts, ch 1136, 113
9IC,6 Rules.
The labor commissioner shall adopt rules, pursu,
ant to chapter 17,1, determined to be reasonably nec.
essary for phasing in, administering, and enforcing
the system of contractor registration established by
this chapter.
88 Acts, ch 1162, Ii; 90 Acts. ch 1136, 114
9IC,7 Contracts - contractor's bond,
1. A contractor who is not registered with the
labor commissioner as required bl' this chapter shall
not be awarded a contract to perform work for the
stare or an agency of the state,
2, An out,of.state contractor. before commenc.
ing a contract in excess of five thousand dollars in
value in Iowa, shall file a bond with the dhision (,I
labor services of the department of employment ser.
,ices. The surety bond shall be executed by a surety
company authorized to do business in this state, and
the bond shall be continuous in nature until canceled
by the surety with not less than thirty days' written
notice to the contractor and to the division of labor
sm'ices of the department of employment services
indicating the surety's desire to cancel the bond, The
surety company shall not be liable under the bond for
anI' contract commenced after the cancellation of
th~ bond, The bond shall be in the sum of the greater
of the folloning:
0, One thousand dollars,
b. Five percent of the contract price,
An out,of,;tate contractor mal' file a blanket bond
in an amount at least equal to fiity thousand dollars
for the registration period established under section
91C,4 in lieu of filing an indil'idual bond for each
contract. The di,ision of labor smices of the depart.
ment of employment smices mal' increase the bond
amount after a hearing,
3, Release of the bond shall be conditioned upon
the payment of all taxes, including contributions due
under the unemployment compensation insurance
system. penalties. interest. and related fees, which
mal' accrue to the state of Iowa. If at any time during
the term of the bond, the department of revenue and
finance or the department of employment services
determines that the amount of the bond is not suffi.
cient to cover the tax liabilities accruing to the state
of Iowa, the labor commissioner shall require the
bond to be increased bv an amount the labor com.
missioner deems suffici;nt to cover the tax liabilities
accrued and accruing,
4, The department of revenue and finance and
the dhision of job setlice of the department of em.
ployment services shall adopt rules for the collection
of the forfeiture, Notice shall be provided to the
suretv and to the contractor, Notice to the contrac,
tor shall be mailed to the contractor's last known ad.
dress and to the contractor's registered agent for ser.
vice of process, if any, within the state, The
contractor or surety shall have the opportunity to
apply to the director of revenue and finance for a
hearing within thirty days after the giving of such
notice, Upon the failure to timely request a hearing,
the bond shall be forfeited. If. after the hearing upon
timely request, the department of revenue and fi.
nance or the division of job service of the department
of employment services finds that the contractor has
failed to pal' the total of all taxes payable, the depart.
762
91'1
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763
ment of revenue and finance or the department of
employment smices shall order the bond forfeited,
The amount of the forfeiture shall be the amount of
taxes payable or the amount of the bond. whichever
is less, For purposes of this section 'taxes payable'
means all tax, penalties. interest. and fees that the
department of revenue and finance has previously
determined to be due to the state bv assessment or
in an appeal of an assessment, inciuding conttibu.
tions to the unemployment compensation insurance
system.
5. If it is determined that this section may cause
denial of federal funds which would otherwise be
available, or would otherwise be inconsistent with
requirements of federal law, this subsection shail be
suspended. but only to the extent necessary to pre,
vent denial of the funds or to eliminate the inconsis,
tency lvith federal requirements,
6, The bond required by this section may be at.
tached by the commissioner for collection of fees and
penalties due to the division,
88 Acts, ch 1182, ~8: 89 Acts. ch 2M, 31: 91 Acts,
ch 136, ~5
91C.8 Investigations - enforcement - ad.
ministrative penalties.
1. The labor commissioner and inspectors of the
division Ilf labor smices of the department of em.
ployment services have jurisdiction for investigation
and enforcement in cases where contractors may be
in violation of the requirements of this chapter or
rules adopted pursuant to this chapter,
2. If, upon investigation. the labor commissioner
or the commissioner's authorized representative be.
Iieves that a contractor has violated anv of the fol.
lowing, the commissioner shall with' reasonable
promptness issue a citation to the contractor:
Q, The requirement that a contractor be regis.
tered,
b, The requirement that the contractor's regis.
tration information be substantially complete and
accurate.
c, The requi:p.ment that an out,of.state contrac.
tor file a bond with the division of labor services,
3. Each citation shall be in writing and shall de.
scribe with particularity the nature of the violation.
including a reference to the provision of the statute
alleged to have been \iolated,
4. If a citation is issued. the commissioner shall.
within seven days. notify the contractor by certified
mail of the administrative penalty, if any, proposad
CONSTRl:CTION CONTRACTORS, 191C,a
to be assessed and that the contractor has fifteen
working days within which to notifv the commis.
sioner that the employer lvishes to c~ntest the cita.
tion or proposed assessment of penalty,
5, The administrative penalties which may be'
imposed under this section shall be not more than
five hundred dollars in the case of a first violation
and not more than five thousand dollars for each vio.
lation in the case of a second or subsequent violation.
All administrative penalties collected pursuant to
this chapter shall be deposited in the general fund of
the state,
6. If. within fifteen working days from the reo
ceipt of the notice, the contractor fails to notify the
commissioner that the contractor intends to contest
the citation or proposed assessment of penalty, the
citation and the assessment. as proposed, shall be
deeced a final order of the employment appeal
board and not subject to review by any COUrt or agen.
cy,
;, If the contractor notifies the commissioner
that the contractor intends to contest the citation or
proposed assessment of penalty. the commissioner
shall immediately advi,~ the employment appeal
board established by section lOA,601. The employ,
ment appeal board shall review the action of the
commissioner and shall thereafter issue an order,
based on findings of fact. affirming. modifying, or va.
c~ting the commissioner's citation or proposed pen.
alty or directing other appropriate relief, and the
order shall become final sixtv davs after its issuance,
8, The labor commissio~er shall notify the de.
partment of revenue and finance upon final agency
action regarding the citation and assessment of pen.
alty against a registered contractor.
9. Judicial miew of any order of the employ.
ment appeal board issued pursuant to this section
may be sought in accordance I\ith the terms of chap.
ter liA. If no petition for judiciai review is filed with.
in sixty days after service of the order of the employ.
ment appeal board, the appeal board's findings of
fact and order shall be conclusi\'e in connection with
any petition for enforcement which is filed by the
commissioner after the expiration of the sixty,day
period, In any such case. the clerk of court, unless
otherwise ordered by the cOUrt. shall forthwith enter
a decree enforcing the order and shall transmit a
copy of the decree to the employment appe~1 board
, and the contractor named in the petition,
88 Acts. ch 1162, ~9: 89 Acts, ch 254. ~2, 3
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lAC 11 / I 5/89
Labor Services[347]
Ch ISO, p.1
CHAPTER 150
CONSTRUCTION CONTRACTOR REGISTRATION
J47-150.H9IC) Scope. This chapter implements Iowa Code chapter 91C, The rules in this
chapter apply to all construction contractors: except for a person who earns less than $1,000
annually or who performs work or has work performed on the person's own property.
347-150.2(9IC) ()efinillons.
"Commissioller" means the labor commissioner of the division of labor services of the depart-
ment of employment services or the commissioner's designee,
"Collstruclioll" means new work, additions, alterations, reconstruction, installations, and
repairs, Construction activities are generally administered or managed from a relatively fixed ,,,, ,
place of business, but the actual construction work is performed at one or more different sites
which may be dispersed geographically. Examples of construction activities, adopted by refer-
ence. are in Iowa Administrative Code 345-3,82(96), July 13, 1988,
"Colllractor" means a person who engages in the business of construction as the term is
defined in 345-3.82(96), Iowa Administrative Code.
"Divisioll" means the division of labor services of the department of employment' services.
"Oul-oj-stale cOlllraclor" means a contractor whose principal place of business is in another
state, and who contracts to perform construction in this state,
"Same phase aj collstrucliall" means in the same type of construction operations or trade,
such as, but not limited to, electrical work; masonry, stone work, tile selling and plastering;
roofing; sheet metal work; excavation work; concrete work; glass work; painting, paper hanging
and decorating; plumbing, heating and air conditioning work; carpentry work; and miscel-
laneous special trade contractors.
"Workillg days" means Mondays through Fridays but shall not include Saturdays, Sundays
or federal or state holidays, In computing 15 working days, the day of receipt of any notice
shall not be Included, aud (h~ last day of the 15 working days shall be included.
347-150.J(9IC) Regislralion required. Before performing any construction work in this
state, a contractor shall be registered wilh the division, If a contractor does business
under more than one name, the contractor shall obtain a registration number for each name
under which the contractor is doing business.
347-150.4(9IC) Appllcalion. Each contractor shall apply to the division for a registration
number on forms provided by the division, The application shall contain the information
specified in this rule.
150.4(1) Name. The name of the contractor,
150.4(2) Place oj busilless, The principal place of business of the contractor in the state
of Iowa. If the contractor's principal place of business is outside the state of Iowa, the appli-
cation shall state the address of the contractor's principal place of business and the name and
address of the contractor's registered agent in Iowa,
150.4(3) Te/epholle lIumber. The telephone number of the contractor in the state of Iowa.
If the contractor's principal place of business is outside the state of Iowa, the application shall
state the telephone number of the contractor's principal place of business and the telephone
number of the contractor's registered agent in Iowa,
150.4(4) Busilless classificatioll, The type of business entity of the contractor (i.e" corpora-
tion, partnership, sole proprietorship, trust, etc,).
150.4(5) OWllership illjormalioll,
a, If the contractor is a corporation, the name, address, telephone number, and position
of each officer of the corporation.
b. If the contractor is other than a corporation, the name, address, and telephone number
of each owner,
97~
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Ch 150, p,2
Labor Services[347J
lAC 5/17/89
150.4(6) Workers' compellsatioll ('Overage illJorma/ioll,
a. A certificate of insurance from the insnrer showing proof of workers' compensation
insurance, the effective dates of coverage, and listing the division of labor as a certificate holder;
b, Employer's release from the insurance requirements under workers' compensation law
form provided to self-insured employers by the commissioner of insurance under Iowa Code
section 87.11; or
c. An affidavit that the contractor is in compliance with notice required by Iowa Code section
87.2.
150.4(7) Account/IIIII/ber, The employer account number or special contractor number
issued by the division of job service of the department of employment services prior to making
application for a contractor's registration number,
150.4(8) Bllsilless descriptio II. A description of the business to include:
0, The employer's standard industrial classification (SIC) code; or
b, The principal products and services provided,
150.4(9) Fee exemp/ioll, An exemption from fee may be requested if the contractor meets
the requirements of and provides information specified in subrule 150.6(3),
347-150.5(9IC) Amendments to application.
150.5(1) A contractor shall report to the commissioner any change in the information origi-
nally reported on or with the application within 15 working days of the change, except that
the contractor shall notify the commissioner of changes to workers' compensation coverage
within ten days prior to any change in coverage,
150.5(2) Arter the time specified in subrule 150,5(1), with good cause shown the commis-
sioner may determine that an amendment may be made to correct an application,
150.5(3) Amendments to applicmiuns shall not be permitted where a change occurs in the
business classification, such as, but not limited to, a change from a sole proprietorship to a
corporation.
~~. CJP)
150.6(1) Applieatioll. Each application shall be accompanied by a fee of ~ A fee
is not required where a permissible amendment to an application is requested.
150.6(2) E.~emplioll Jrom Jee, A contractor shall not be required to pay the fee if the
application contains an affidavit which shows the contractor is self-employed, does not pay
more than $1,000 annually to employ other persons in the business, and does not work with
or for other contractors in the same phase of construction, At any time that a contractor
no longer meets the provision for an exemption from the fcc, the fee shall be paid to the division.
150.6(3) Applica/ioll allacilll/elll, To apply for a fee exemption, the contractor shall attach
to the application an affidavit which contains:
a. A statement that the contractor is self.employcd;
b, A list of all employees employed in the past 12.monlh period and the amount paid to
each employee; and
c. A list of all current employees,
347-150.6(91C) Fee.
347-150.7(9IC) Registralion numher issnance. Within 30 days of receipt of a completed
application, the commissioner will issue 10 the contractor a public registration number. The
registration number will be a five.digitnumber followed by a two-digit number indicating the
year of issuance.
347-150.8(9tCl Workers' eompensnlion insurance cancellalion nolifiealions.
150.8( I) (lIsurallce compall)' coverage. The division shall be notified by the insurance com-
pany carrying the contractor's workers' compensation insurance at the time of cancellation.
97f
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lAC 11/15/89
Labor Services[J47]
Ch 150, p.3
The notice shall contain:
a. The name of the insurance carrier;
b, The name of the insured contractor; and
c. The date the workers' compensation coverage cancellation is effective,
150.8(2) Self.il/sl/red COII/ractors, The contractor shall notify the division ten days prior
to any cessation in self-insurance,
150.8(3) NOl/il/sllred col/tractors. The contractor shall notify the division whenever the
required notice is not posted or in any change in insurance status,
347-150.9(9IC) luvestigalions and complainls.
150,9(1) II/vestigations, Investigations may take many forms to determine if there is com.
pliance with the law, Investigations shall take place at the times and in the places as the com.
missioner may direct. The commissioner may interview persons at the work site and utilize
other reasonable investigatory techniques. The conduct of the investigation shall be such as
to preclude unreasonable disruption of the operations of the work site. Investigations may
be conducted without prior notice by correspondence, telephone conversations, or review of
materials submitted to the division. At the initiation of an investigation at the contractor's
establishment, the investigator shall present credentials, explain the nature and purpose of the
investigation, and seek the consent of the owner, operator or agent in charge of the establish-
ment. In the event the investigator is not permitted to fully conduct an investigation, the com-
missioner may seek an administrative warrant, if necessary,
1511.9(2) COli/till/iII/of, Cum plaints in which the complainant provides a name and address
made to the commissioner in writing shall receive a written response as to the results of the
investigation. A complainant's name and other identifying information shall not be reieased
if the complaint was included as a pari of another complaint where the complainant's identity
would be protected under other statutes or ruies (i.e, a complaint riled under both Iowa Code
chapters 88 and 91C).
347-150.1O(9IC) Cilations/pennllies and appeal hearings.
150.10(1) Citatiol/s. The commissioner shall issue a citation to a contractor where an
investigation reveals the contractor has violated:
a. The requirement that the contractor be registered;
b. The requirement that the contractor's registration information be substantially complete
and accurate; or
c. The requirement that an out-of-state contractor file a bond with the division.
150.10(2) Penalties. If a citation is issued, Ihe commissioner shall notify the contractor
by cerlifled mail of the proposed administrative penalty, if any. The administrative penalties
shall be nolmore than $500 in the case of the first violation and not more than $5,000 per
violation in the case of a second or subsequent violation.
150.10(3) Appeal. The contractor shall have 15 working days within which to contest the
citation or proposed penalty, The notice of conlest shall be sent to the commissioner who
shall forward it to the employment appeal board,
150.10H) Appeal procedllres, The rules of procedure of the employment appeal board
shall apply to administrative hearings on citations and penalties,
I ,
347-150.1l(9IC) Revncalion of regislrations and appeal hearings.
150.11(1) Reason for revocation. The commissioner shall issue a notice of revocation of
registration to a contractor where an investigation reveals that the contractor no longer meets
the conditions of registration by:
a. Failing 10 maintain an account number issued by the job service division of the depart-
ment of employment services as required in subrule 150.4(7); or
97~
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Ch 150, p.4
Labor Services[347]
lAC 11/15/89
b. Failing to maintain compliance with the law5 of this state relating to workers' compen.
sation as required in5nbrnle 150.4(6). If the commi5sioner receive5 a notice of cancellation
of workers' compen5ation coverage, the commis5ioner will revoke the registration at the time
of cancellation unless the contractor provides a new certification of insurance prior to the can.
cellation date.
150.11(2) Notice oj in/elll /0 revoke regis/ralion. Prior to serving a notice of revocation,
the commissioner shall send a notice of intent to revoke to the contractor by first.c1ass mail
at the address listed in the application. The notice shall inform the contractor that an infor-
mal fact-finding interview will be held in at least three days from the date of the notice. The
notice shall include:
a. The time and place of the fact-finding interview, and
b. The nature of the issues to be addressed at the fact-finding interview and the legal authority
and jurisdiction under which the fact-finding interview is being held.
All fact-finding interviews shall be held in the offices of the division. A telephone interview
may be conducted upon request by a contractor. A verbatim record shall be maintained of
the fact.finding interview. Construction contractors, at their own expense, may be represent-
ed by counsel at a fact-finding interview.
If, after the fact. finding interview, the commissioner finds a reason to revoke as specified
in subrule 150.11(1), the commissioner shall serve a notice of revocation.
150.11(3) No/ice oj revocation. The commissioner shall serve a notice of revocation on
the contractor by mailing the notice by certified mail to the Iowa addrm listed in the applica-
tion or by other service as permitted in the Iowa rules of civil procedure.
150.11(4) Hearing procedures: To the extent they do not connict with this chapter, ad-
ministrative hearing rules of the employment appeal boarfl shall be applicable to hearings on
the revocation of a contractor's registration.
150.11(5) EJJective dale oj revocation. Pursuant to Iowa Code section 17 A.IS(3), the di.
vision and the commissioner find the public health, safety or welfare imperatively requires
emergency action where the contractor fails to maintain compliance with the laws of this state
relating to workers' compensation as required in subrule 150.4(6) due to the financial impact
upon the public and any worker who might be injured. Upon application showing good cause
and proof of compliance with the workers' compensation laws as required in subrule 150.4(6),
the employment appeal board may alter the finding and temporarily reinstate a registration
number pending hearing on the revocation.
150.11(6) EJJect oj revocation. A contractor registration revoked under this rule shall not
be permanently reinstated. To receive a contractor registration number, the contractor shall
reapply to the commissioner.
347-150.12(9IC) Concurrent actions. Actions under rules 347-150.10(91C) and
150.11(91C) may proceed at the same time against a contractor.
347-150.13(9IC) Out.ur-stale contractor bonds. Before commencing a project in Iowa with
a contract or contracts in excess of $5000 in value, an out-of.state contractor shall file a surety
bond with the division.
150.13(1) The out.of.state contractor shall provide the bond to the division along with
the following information:
a. The identification of the contractor including the name, address and Iowa construction
contractor registration number;
b. The name of the person for whom the construction work will be performed; and
c. The Identification of the contract including the project name, contract number or iden.
tification, and address where the work will be performed.
9?f
- .,.,. .,-....... ---..-,.-,--- .".-.---
. .. -.-----..- ~ ........ }-~ - -.---.---, - - . - -r-
.. ---y ---
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lAC 1112S/90
Labor Services[347]
Ch 160, p.1
150.13(2) The bond shall be executed by a surety company authorized to do business in
this 5tate.
150.13(3) The bond shall be continuous in nature until canceled by the surety.
150.13(4) The surety shall give the commissioner and the contractor 3D days' written no-
tice indicating the de5ire to cancel the bond..
150.13(5) The bond shall be in the amount of $1000 or 5 percent of the contract price,
whichever is greater. A separate bond or endorsement to existing bond is required for each
contract. An increase in the bond may be required by the department of revenue and finance
pursuant to 1989 Iowa Act5. chapter 254, section I.
150.13(6) The bond shall not be released until the contractor has made payment of all tax-
es, including contribution~ due under the unemployment compen~ation insurance system, penal-
ties, interest, and related fees, which may accrue to the state of Iowa or its subdivisions on
account of the execution and performance of the contract.
150.13(7) Prior to releasing a bond, the commissioner will notify the department of revenue
and finance, the division of job service of the department of employment services and ap-
plicable state subdivisions of the intent to release the bond. The commissioner shall provide
ten days for the filing of objections to the release of the bond.
These rules are intended to implement Iowa Code chapter 91C.
[Filed 12/9/88, Notice 10/5/88-published 12/28/88, effective 2/15/89'J
[Filed emergency 4126/89-published 5/17/89, effective 4/26/891
[Filed 10/26/89, Notice 5/17/S9-published 11/15/89, effective 12129/S9]O
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fr"l 0.1/01/93
10..1 11I130/93
CIIY Of 1t\L\ Cllt
EXTRACTION Of BUllOIND PERMIT DAIA fOIl
"I
CENSUS BUllEAU REPORT
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Appllcent NMt
Pro)lct D'lcrlptfon
Add"..
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......a... .................... .....s................... .........~.......s.. .... .... ....... ....g .......::...
BLD93-0216 BENJAMIN CKAIT 22'X 22' DETACHED GARACE. 918 NASHINGTON sr NEW RAC D ,0 S 7200
I
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HEW RAC pll'1lIl tll 6
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BLD9]-OI63 HITCEll-PNIPPS 8LD.
AND DESICH
DUPLEX CONDO WITN TiO CAR 522 LARCN IN
CARACE. 522 AND 526 LARCN
lANE.
NEW RDf
2S
242447
.........................................~.......~.~~.....~~-.....~~.....~...~.~-...~~.....~~..~....................................
NEN RDf plrmlts: I 2 s 242447
8LD93-D134 IDYllWllD 4-PLEX CONDOHINUKS - 11- II CAHBORNE CIR NEN RHf 2 4S 3000DO
DEVELOPMENT, INC. 13-15'17 CAMBORNE CIRCLE , I ~"
BlD9]-0192 BISHOP-II.\RTH, INC. TRI-PlEX CONDOMINUHS NI 656 LARCH LN NEN RHF 2 ]S 29D2D3
M CAR CARAGES. (UNITS
15-16-17)
BLD93.0131 JERRY UEAR & GREG B UNIT IIJLTI-FAMllY 3S0 CAYHAN ST NEN RHF 2 as 27500D
DOIINES DUElliNG
.........................._...........-.......~........~...~.~~-....................................................................
NEN RHF plMAI tll 3 151 8652D3 '
BlD93-D121 51 JOHN CONSTRUCTION S.F.D WITH TiO CAR B39 BLUFFIIOOO DR NEN RSF 2 1 S 212452
CARAGE.
BlD93-0208 HC CREEDY-TAYLOR S.F.D WITH THREE CAR 539 IIOOORIDGE AVE NEW RSF 2 1 S 202399
.
CARAGE.
\
8L093-0206 ROBERT EICKHOIlST S.F.D WITH THREE CAR . J. 9 GALWAY, CIR NEW'RSF 2 ,I S 2000DO , I
GARAGE. ., I
I
I
BlD9Jo0217 CIIARtES SOOERGREN S.F.D. WITH THREE CAR 428 IIOOORIDCE AVE NEW RSF 1 S 200000 ,
I
GARAGE. I
8lD93-0122 ST JOHN CONSTRUCTION S.F.D. WITH TiO CAR 422 ElHIRA SI NEW RSF 2 I S , 170864
CARAGE.
8L093-0200 DAVE CAHill _ S.F.D WITH THREE CAR 445 CAlNAY DR NEW RSF 2 ., S 160m
CARAGE.
BlD9JoOI65 KlEINGARTNER, HIICH S.F.D UIIH TiO CAR 262D ROCIIESTER AVE NEW RSF 2 1 S 155758
AND MARLA GARAGE.
1743 OUINCE~I SI '."'.
8lD9~-Dt71 8DYD CROSBY, , S.F.D WITH TiO CAR NEW RSF 2 I S 14900D
GARACE. ':
_ BlD93.Dt25 DON U ROBINSON S.F.D WIIH TiO CAR 131D TEO DR NEU RSF 2 I S 136357
- .
GARAGE.
BlD93'D205 FURMAN BUilDERS S.F.D. UIIH I\Kl CAR 1447 SANTA FE DR NEW RSF 1 S Il6D49
ilARACE. I ,7f
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CITY Of IQUA CITY
01111 D5/0419l EKIRACTlIlI/ OF BuILOINO PlRHIT DATA fOR
fr",: 041.01193 CENS\J$ BUREAU REPbRT
T~..: 04/30/93
Plralt Applfcll1t IlIIIt Project Description Addr... Type Type Storl.. Unit. Vatuatlon
No. . '""r U.. I
.......... .................... ......................... .................... .... .... ....... ..... ............ I
8L093'0104 HICHAEL T EVAHS l.f.0. ~ITH TIoO CAR 2240 BALSAH' CT NE~ RSf 1 S 110873 I
GARAGE.
i
8LD93-006] OORIS HOUSER $.f.0. with two car 3580 VISIA PARi OR NE~ RSf 1 S 102603 I
garage.
8l093.0162 GREGG H SCHOIT $.f.0. ~IIH TIoO CAR 1120 HOll AVE NE~ RSf 2 1 S 94139 I
GARAGE.
8L093-0239 ~ILlIAH T KEYER S.f.D UITH TIoO CAR 733 CHESTNUr cr NE~ RSf 1 S 910D3
GARAGE.
8L093-01~ RISWoP'UARI~ S.f.O ~ITH TIoO CAR 2601 UALOEN RO NE~ RSf 2 1 S 82849
GARAGE.
8LDol-n,~ "'"17 MIISTRUCI/OIl. S.f.O ~ITH TIoO CAR 1747 lAiESIOE OR NE~ RSf . 1 S 76886
GARAGE.
8L093-0142 ~lOEN ~ ASSOC. S.f.O. ~ITH TIoO CAR 2620 UAlOEN RO NEU RSf 1 S 74947
GARAGE.
8l093-0143 ~lOEH ~ ASSOC. S.f.O ~ITH TIoO CAR 2610 UAlOEN RO NEU RSf 1 S 74947
GARAGE.
8l093-0209 f~TZ DONSTRUCII~ S.f.O. ~ITH 2 SIAlL 1824 lAKESIOE OR NEU RSf 1 S 74804
I GARAGE
I, 8LD9J-0174 fRANTZ DONSTRUCTI~ S.f.O. ~ITH TIoO CAR 1707 LAKESIDE DR NE~ RSf 1 S 7l1l8O
~ GARAGE. i
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,
8L093-0168 S & H PROPERTIES S.f.O.~/TIoO CAR GARAGE. 1841 JEffREY SI NE~ RSf .1 S 70474 I
2EROoLOHINE. I
8L093-0170 S & H PROPERTIES 5.f.0 ~ITH TIoO CAR 1851 JEffREY SI NE~ RSf 1 S 70474 I
GARAGE. ZERO-LOT-LikE. I
I
8LD93-0198 S & H PROPERTIES S.f.D ~IIH 1100 CAR 1954 JEffREY' SI NE~ RSf 1 S 70474 ,
I
GARAGE. ZERO-LOI-lINE.
8LD93-0199 S & H PROPERTIES S.f.O ~ITH TIoO CAR 1944 JEffREY SI NEU RSf 1 S 70474
GARAGE. ZERO'LOT-lINE.
6lD93-DI1R JERRIE AOGERS S.f.O. ~IIH ONE CAR 1007 EUCLID AVE NEU RSf 1 S 66600
.
GARAGE.
8L093-0234 PAT HAROINO 5.f.0 ~ITH OHE CAR 15 8LUE IlEH CT NEU RSf 1 S 51052
COl/STRUCTlIlI/ GARAGE. ZERO'lOI-lINE.
BL093-0235 PAT HAROINO S.f.O. ~tTH IlI/E CAR 7 BLUE STEH CT NE~ RSf 1 S 51052
CIlI/STRUCrJIlI/ GARAGE. ZERO-LOT-LINE.
.....................................................................~...............................................................
NE~ RSf penalt., 27 27 S 30091&\
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OROINANCE NO. 93-3573
AN ORDINANCE AMENDING CHAPTER 8,
ARTICLE IV. "THE MECHANICAL CODE', BY
AOOPTING THE 1991 EOITION OF THE
UNIFORM MECHANICAL CODE WITH CERTAIN
AMENDMENTS THERETO.
BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that:
\
SECTION 1, PURPOSE, The purpose of this Ordinance is to
adopt the 1991 Edition of the Uniform Mechanical Code as
prepared and edited by the International Conference ef
Buitding Officials: and to previde for certain amendments
thereof: to previde for the protection of the health, welfare
and safety of the citizens of Iowa City, Iowa: and to provide
for the enfercement thereef and fer the penalties for the
violation thereat.
SECTION 2. ADOPTION, Subject to the follewing
amendments, the 1991 Edition of the Uniferm Mechanical
Code is hereby adopted. Said Cede shall be known as the
Iowa City Mechanical Code, or the Mechanical Code,
SECT/ON 3. AMENDMENTS, Article IV of Chapter 8 of the
Code of Ordinances of the City of Iowa City, Iowa, /s hereby
repealed and the following new Article IV (Mechanical Codel
is enacted in lieu thereof:
ARTICLE IV. MECHANICAL CODE.
Sec. B-44. Adopted.
Subject to the following amendments, the 1991
Edition of the Uniform Mechanical Code is hereby
adopted, Said Code shall be known as the Iowa City
Mechanical Code, or the Mechanical Code.
Sec. B-45. Amendments.
The 1991 Edition of the Uniform Mechanical CorJe
(UMCI is amended as follows:
11 I UMC Section 304, Fees, subsection Ib) is
amended to read as follows:
Ibl Permit Feas, A fee for each permit, and
fees for Inspections associated with said
permits, shall be paid to the Building
Official, as established by resolution of
Council,
Where work for which a permit is
required by this code is started prior to
obtaining a permit, the fee specified in
this code shall be doubled. The payment
of a doubled fee shall not relieve persons
from fully complying with the
requirements of this code in the
execution of their work nor from any
other penalties prescribed herein.
(21 UMC Section 509 is amended to read as
follows:
Equipment regulated bV this code
requiring electrical connections of more
than 50 volts shall have a positive
means of disconnect adiacent to and in
sight from the equipment served, A
120.volt receptacle shall be leceted
within 25 feet of the equipment for
service and maintenance purposes, The
receptacle shall be lecated en the same
level as the equipment, Low.voltage
q?S
"
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1', ,'ri..' _.,\I,-.?,\' ,~,,",,',1"'4 '-:," '.""\~"""',{l <,' ,'r,
", ", 1'" '; .. ,', , "
Ordinance No. 93-3573.
Page 2
,
I
wiring of 60 volts or less within a
structure shall be installed in a manner
to prevent physical damage.
131 Deletions. THE FOllOWING SECTIONS
OF THE UNIFORM MECHANICAL CODE
ARE NOT ADOPTED:
III Table 3.A
121 Section 3041cl.
131 All Appendix Chapters,
SECTION IV. REPEALER: All ordinances and parts of
ordinances In conflict with the provision of this ordinance are
hereby repealed.
SECTION V, SEVERABILITY. If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE, This Ordinance shall be in
effect after its final passage. approval and pubtication, as
provided by iaw, but not before June 1, 1993.
Passed and approved this II th
-n Hj ,1993.
~
day of
ATTEST:d~ ./!. ./d,w
CITY Cl K
'175
,.
'::. '.,'" .~"', :'CI>.:"rJ".::':, .'-:' ',:";:,:": ',<>',
' ".1 J" I~" f'l ., I. ~ ' ''/\' , , "
~""~,:'::\-f~~',f!;~~\":' :1~1 -, ;'\: ""';""i~:, " '"v , " .
; It was moved by HcDonald and seconded by Arnbrisco that the
I Ordinance as read be adopted, and upon roll call there were:
I AYES: NAYS: ABSENT: I
I -X- Ambrisco
I
i - Courtney
: -X-
- Horowitz
-X- -
-X- - Kubby
- - McDonald
-L- -
-L- - Novick
First Consideration 4/13/qr
Vote for passage: AYES: arson,McUonald, Novick, Arnbrisco,
Courtney, HorOldtz, Kubby. NAYS: None. ABSENT: !lone.
Second Consideration 4/?7/q1
Vote for Passage: AYES: Kubby, Novick, Arnbrisco, Courtney, Horowitz.
NAYS: None. ABSENT: HcDonald.
Date published
5/19/93
I
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", ,r' .", ',,, ,'".' '.,', I' . - , ." '<" I
, "
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8,
ARTICLE tV, 'THE MECHANICAL CODE', BY
ADOPTING THE 1991 EDITION OF THE
UNIFORM MECHANICAL CODE WtTH CERTAIN
AMENDMENTS THERETO,
BE IT ORDAIN 0 BY THE CITY COUNCIL OF THE CtTY OF
IOWA CITY, 10 A, that:
E IN, The purpose of this Ordinance is to
adopt the 1991 E 'tion of the Uniform Mechanical Code as
prepared and edit by the International Conference of
Building Officials; a d to provide for certain amendments
thereof; to provide f r the protection of the health, weifare
and safety of the citiz ns of Iowa City, Iowa; and to provl
for the enforcement ereof and for the penalties for e
violation thereof.
E TI N 2, ADD I N. Subject to the fo owing
amendments, the 199 Edition of the Uniform M chanical
Code is hereby adopted Said Code shail be kn n as the
Iowa City Mechanical C de, or the Mechanica ode.
E T AMENDME, Article IV of C apter 8 of the
Code of Ordinances of th City of Iowa Cit ,Iowa, is hereby
repealed and the foilowin new Article IV echanical Codel
Is enacted in lieu thereof:
ARTtCLE IV. MEC ANICAL C DE.
Sec. B-44. Adopte .
Subject to the f lowin amendments, the 1991
Edition of the Unif mechanical Code is hereby
adopted. Said Code II be known as the Iowa City
Mechanical Code, or e Mechanical Code.
Sec. 845. Amen nts.
The 1991 Edltl no the Uniform Mechanlcat Code
IUMClls amen d as oilows:
III UMC ectlon 04, Fees, subsection Ibl Is
ame ed to read as foilows:
(bl Permit Fee . A fee for each permit, and
fees for Ins ections associated with said
permits, sh iI be paid to the Building
Official, as stablished by resolution of
Council,
Where wo for which a permit Is
required by th s code Is started prior to
obtaining a pe it, the fee specified In
this code shail b doubled. The payment
of a doubled fee hail not relieve persons
from fuily c plying with the
requirements of this code In the
execution of their work nor from any
other penalties pres ibed herein.
(21 UMC Section 5091s ended to read as
foilows:
Equipment regulate by this code
requiring electrical conn tlons of more
than 60 volts shail ha ~ a positive
means of disconnect adjaceQt to and In
sight from the equipment s~ved' A
120-vott receptacle shall be located
within 25 feet of the equlpm nt for
service and maintenance purposes. The
receptacle shail be located on the same
level as the equipment. Low-voltage
r75
,
<.
\
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I
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" , . " . ,'...... " ftrI.... , ,'CC I" -.' .'
',', .":';.... :,''' ,,':', \, ';:'~'..' ",' . "'..'. ,:,\ '..'.':'". .:'o,'
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,: ~'>~~"""""'\~"I" ',~l,~,;, \:--,.i ' ....
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wiring of 50 volts or less within a
structure shall be installed in a manner
to prevent physicel damage,
(3) Deletions. THE FOllOWING SECTIONS
OF THE UNIFORM MECHANICAL CODE
ARE NOT ADOPTED:
(11 T~ble-3'A
(2) S ctlon 304(cl.
(3) I Appendix Chapters.
SECTION IV. REPEALER: All ordinances and parts of
ordinances In conl/ict with t e provision of this ordinance are
hereby repealed,
SECTION V. SEVERABILITY If any section, provision or part
of the Ordinance shall b adjudged to be Invalid or
unconstitutional, such adj dication shall not affect the
validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged 'nvalid or unconstitutional.
E TV. EF E TIVE 0 E, This Ordinance shall be in
effect after its final passage approval and pUblicatl;?:n, s'
provided by law.
Passed and approved t is y of
,1993.
MAYOR
ATTEST:
CITY CLERK
flee
1~/i )
''1$
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ORDINANCE NO. 9'J-1\n
AN ORDINANCE AMENDING CHAPTER 12, ARTICLE II, FIRE
PREVENTION AND PROTECTION, BY ADOPTING THE 1991
EDITION OF THE UNIFORM FIRE CODE AND PROVIDING FOR
CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE
PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF
THE CITI2ENS OF IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. PURPOSE, The purpose of this ordinance is to
adopt the 1991 edition of the Uniform Fire Code and to
provide for certain amendments thereof; to provide for the
protection of the health, welfare and safety of the citizens of
Iowa City, Iowa and to provide for its enforcement,
SECTION II. Section 12-16 of the Code of Ordinances of the
City of Iowa City, Iowa is hereby repealed and the following
new Section 12.16 is enacted in lieu thereof.
Section 12-16. Adopted.
Subject to the following amendments. the 1991 edition of
the Uniform Fire Code including all Appendix chapters is
hereby adopted,
SECTION iii. Section 12-21 of the Code of Ordinances of
the City of Iowa City, Iowa is hereby repealed and the
following new Section 12.21 is enacted in lieu thereof.
Section 12.21. Amendments.
The following sections of the 1991 edition of the Uniform
Fire Code are amended to read as follows:
(11 Delete Section 2.303 and insert in lieu thereof the
fOllowing:
Board 01 Appeals. Section 2.303.
To determine the suitability of alternate materials and
typas of construction and to provide for raasonable
interpretations of the provisions of this code, there shall
be and is hereby created a Board of Appeals consisting
of members who are qualified by exparience and training
to pass upon pertinent matters, The building official
shall be an ax officio member and shall act as secretary
to the Board, The Board of Appeals shall be appointed
by City Council and shall hold office at their pleasure,
The Board shall adopt rules of procedure for conducting
its business and shall render all decisions and findings in
writing to the appellant with a copy to the building
official,
(21 Delete the definition of fireworks in Section 9.10B and
insert in lieu thereof the following:
Fireworks, The term fireworks shall mean and Include
any explosive composition or combination of explosive
substances, or articla prepared for tha purpose of
producing a visible or audible effect by combustion,
explosion, dellagration or detonation, and shall include
biank cartridges, fireworks, torpedoes, skyrockets,
roman candles, or other fireworks of like construction
and any fireworks containing any explosive or
inflammable compound, or other device containing any
explosive substance, The term fireworks shall not
Inctude gold star.producing sparklers on wires which
contain no magnesium or chlorate or perchlorate, no
flitter sparklers in paper tubes that do not exceed one.
eighth of an Inch in diameter, nor toy snakes which
contain no mercury nor cap5 used in cap pistols,
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Ordinance No. 93-3574.
Page 2 131 Amend Section 10,505Ia) to read as follows:
lal General. Portable fire extinguishers shall be
installed in occupancies and locations as set
forth in this code and as required by the chief,
Portable fire extinguishers shall be in
accordance with U,F.C. Standard No. 10.1.
The minimum rating of any required portable fire
extinguisher shall be 2-A 10.B:C,
141 Amend Section 10.507Ih) to read as follows:
Ihl Group R, Division 1 Occupancies. An automatic
sprinkier system shall be installed throughout
apartment houses having three {31 or more
stories in height, or containing sixteen 1161 or
more dwelling units; in congregate residences
having three (31 or more stories in height and
having an occupant load of fifty 150) or more; in
hotels having three 131 or more stories in height
or containing twenty 120) or more guest rooms.
Residential or quick'response standard
sprinklers shall be used In the dwelling units and
guest room portions of the building,
For the purpose of this section, area
separation walls shall not define separate
buildings in buildings constructed after May 10,
1989.
151 Deiete Sections 11,203 and 11,204 and insert a new
Section 11.203 to read as follows:
Section 11.203. Open burning prohibited.
la) No person shall ignite, cause to be ignited, permit to
be ignited, allow, or maintain any open fire.
Ibl Exceptions. Open burning of the following types
may be permitted, in compliance with Fire
Department guidelines, with a vaild open burning
permit from the Fire Department:
11) Ceremonial or controiled bonfires. Ceremonial
or controlled bonfires may be permitted.
121 Disaster rubbish, The open burning of rubbish,
Including landscape waste, may be permitted
for the duration of the disaster, in cases where
an officially declared emergency exists,
131 Prescribed agricuitural burns, The opening
burning of fields may be permitted if necessary
for the maintenance of native prairie grass,
141 Training fires, Fires set for the purpose of bona
fide instruction and training of public;
institutional, or industrial employees in the
metheds of fire fighting.
151 Flare stacks, Open burning or fiaring of waste
gas may be permitted.
Icl Open burning for campfires and outdoor cooking is
permitted without any burning permit if performed in
an approved container constructed of steel, brick, or
masonry,
16) Deiete Section 11.3041al and insert in lieu thereof the
following:
Sectien I 1.304Ie).
A permit shall be obtained from the Fire
Department prior to the use of a parade float for
public performance, presentation, spectacle,
entertainment or parade.
171 Delete Sectien 13,301 and insert in lieu thereof the
following:
Sectien 13,301.
Fire drills in Group E oceupancies shall be
conducted in accordance with Section 100,31 of the
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Ordinance No. 93-3574.
Page 3 Iowa Administrative Code, Fire drills in Group R,
Division 1, fraternities and sororities, shall be
conducted in accordance with the following:
(al Fire drills shall be conducted once per academic
semester, as approved by the Fire Department,
(b) A record of all required fire drills shall be kepI
by the person in charge of the Occupancy and
forwarded to the Chief on an annual basis,
Records of fire drills shall include the time and
date of each drill held, the name of the person
conducting such drill and the time required to
vacate the bUilding.
(c) Fire drills shall include complete evacuation of
all persons from the building.
(dl The Fire Department shall be notified prior to
each drill,
(e) When a fire alarm Is present, fire drills shall be
initiated by the activation of the fire aiarm
system,
IBI Delete Section 79.201 (al and Insert in lieu thereof the
following:
Section 79.201(8).
Storage of flammable and combustible liquids
inside buildings in drums or other containers not
exceeding 60gallon individual capacity, and portable
tanks not exceeding 300 gallon individual capacity,
shall be in accordance with this division, For the
purpose of this article, flammable aerosols and
unstable liquids shall be treated as Class I.A liquids,
Exceptions:
(1) Liquids in the fuel tanks of motor vehicles,
aircraft, boats, or portable or stationary engines.
121 The storage of liquids that have no fire point
when tested in accordance with UFC Standard
#9.6,
(3) The storage of distilled spirits and wine in
wooden barrels or casks,
Portable tanks exceeding 300 gallons shall be in
accordance with Division V,
(91 Amend Section 79.601(a) to read as follows:
(al location, Flammable and combustible liquid
storage tanks located underground, oUlside or
under buildings, shall be in accordance with this
section, Tanks shall be located with respect to
existing foundations and supports such that the
loads carried by the latter cannot be transmitted
to the tank, The distance from any part of a
tank storing liquids to the nearest wall of a
basement, pit, cellar or property line shall not be
less than three (31 feet. A minimum distance of
one (1) foot, shell 10 shell, shall be maintained
between underground tanks,
Underground tanks shall meetall requirements
of the United States Environmental Protection
Agency, the State of Iowa, and the Iowa City
Zoning Ordinance.
SECTION IV, REPEALER. All ordinances and parts of
ordinances In confilct with the provisions of this Ordinance
aro hereby repealed,
SECTION V. SEVERABILITY, If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the Ordinance as a whole or any section, provision
or part theroof not adjudged invalid or unconstitutionai,
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Ordinance No, 93-3574.
Page 4
l.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication, as
provided by law, but not before June 1, 1993,
Passed and approved this II r h
Mol' ,1993.
~~
day of
ATTEST: ~~/V) ,f. JlavtJ
CITY CL K
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It was moved by Ambrisco and seconded by HcDonald
Ordinance as read be adopted, and upon roll call there were:
tha t the
AYES:
NAYS:
ABSENT:
--K-
--K-
--K-
--K-
Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
...lL-
...lL-
First Consideration 4/13jQ1
Vote for passage: KubbY. Larson, Mcuonald, Novick.Arnbrisco.
Courtney, Horowitz. NAYS: None. ABSENT: None.
Second Consideration 4/27/93
Vote for Passage: AYES: Novick, Ambrisco, Courtney, Horowitz,
Kubby. NAYS: None. ABSENT: HcDonald.
Date published
5/19/93
97(,
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, ARTICLE II, FIRE
PREVENTION AND PROTECTION, BY ADOPTING THE 1991
EDITION OFTHE UNIFORM FIRE CODE AND PROVIDING FOR
CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE
PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF
THE CITIZENS OF IOWA CITY, IOWA.
BE IT'oRDAINED BY THE CITY COUNCIL OF THE CI OF
IOWA ~~, IOWA:
E IN, PURP E, The purpose of this ordinan e Is to
adopt the 1991 edition of the Uniform Fire Cod and to
provide for ertain amendments thereof; to provi e for the
protection 0 he health, wellare and safety of th citizens of
Iowa City, 10 a and to provida for its enforce ent,
SECTION II. S tlon 12-16 of the Code of Or nances of the
City of Iowa Clt , Iowa Is hereby repealed a d the following
new Section 12- 61s enacted in lieu ther of.
Sactlon 12-16. Adopted.
Subject to the fa owing amendments the 1991 edition of
the Uniform Fire C de including all ppendlx chapters Is
hereby adopted.
SECTION III, Sectio 12.21 of t Code of Ordinances of
the City of Iowa Clt Iowa Is ereby repealed and the
following new Section 2.21 Is nacted in lieu thereof.
Sect/on 12-21. Arne men .
The fallowing sections f t e 1991 edition of the Uniform
Fire Code are amended t r ad as follows:
/1) Delete Section 2,30 and Insert In lieu thereof the
following:
Board of Appeal S t/on 2.303.
To determine t sulta IIity of aiternate materials and
types of constr ction a d to provide for reasonable
Interpretations f the pro slons of this code, there shall
be and is her y created Board of Appeals consisting
of members ho are qualill d by experience and training
to pass u n pertinent ma ters. The building official
shall be a ex officio memb and shall act a5 secretary
to the Bard, The Board of ppeals shall be appointed
by Cit Council and shall hol office at their pleasure.
The ard shall adopt rules of rocedure for conducting
its b slness and shall render all ecisions and findings In
wI' 'ng to the appellant with copy to the bUilding
of Iclal,
121 elete the definition of fireworks n Section 9,108 and
nsert in lieu theroof the following:
Fireworks, The term fireworks sh I mean and Include
any explosive composition or combi lion of explosive
substances, or article prepared for the purpose of
producing a visible or audible effect y combustion,
explosion, deflagrat/on or detonation, an shall Include
blank cartridges, fireworks, torpedoes, skyroCkots,
roman candles, or other fireworks of like c Qstructlon
and any fireworks containing any explilslye or
Inflammabie compound, or other device containing any
explosive substance, The term fireworks shall not
Include gold star'produclng sparklers on wires which
contain no magnesium or chlorato or perchlorate, no
flitter sparklers In paper tubes that do not exceed one.
eighth of an inch in diameter, nor toy snakes which
contain no mercury nor caps used In cap pistols.
91'
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13) Amend Section 10.5051al to read as follows:
(a) General. Portable fire extinguishers shall be
installed in occupancies and locations as set
forth in this code and as required by the chief.
Portable fire extinguishers shall be in
accordance with U,F,C. Standard No. 10.1.
The minimum rating of any required portable fire
extinguisher shall be 2.A 10.B:C.
14) Amend Section 10,5071hl to read as follows:
Ihl Group R, Division 1 Occupancies. An automatic
sprinkler system shall be Installed throughout
apartment houses having three (3) or more
stories in height, or containing sixteen (161 or
more dwelling units; in congregate residences
having three (31 or more stories In height and
having an occupant load of fifty (SOlar moret. in
hotels having three (3) or more stories in hei
or containing twenty (201 or more guest ro s.
Residential or quick.response s ndard
sprinklers shall be used in the dwellln nits and
guest room portions of the buildln ,
For the p. pose of this ectlon, area
separation ails shall not efine separate
buildings in uildings constr ted after May 10,
19B9.
15) Delete Sections 11 203 and 1 , 04 and insert a new
Section 11,203 to ad as fa ws:
Section 11.203. pen b nlng prohibited.
la) No person shall I nlte cause to be Ignited, permit to
be ignited, alia maintain any open fire.
Ibl Exceptions. Op burning of the following types
may be per ed, in compliance with Fire
Departmen~ id lines, with a valid open burning
permit fro he F e Department:
111 Cere nlal or controlled bonfires, Ceremonial
or c ntrolled b nfires may be permitted,
121 Di ster rubbls . The open burning of rubbish,
I cluding lands ape waste, may be permitted
for the duration f the disaster, in cases where
an officially decl ed emergency exists,
I Prescribed agric lural burns. The opening
burning of fields y be permitted If necessary
for the maintenanc of native prairie grass.
(4) Training fires. Fires et for the purpose of bona
fide Instruction a d training of public,
institutional, or indu trial employees in the
methods of fire fightin ,
(51 Flare stacks, Open bur Ing or flaring of waste
gas may be permitted.
(cl Open burning for campfires a outdoor cooking is
permitted without any burning p rmit If performed in
an approved container construct of steel, brick, or
masonry.
161 Delete Section 11.3041al and insert in lieu thereof the
following:
Soctlon 11.304101.
A permit shall be obtainod fro the Flro
Department prior to the use of a para e float for
public porformance, prosontatlon, poctaclo,
entertainmont or parade,
(71 Delete Section 13,301 and Insert In lieu ther of the
following:
Soctlon 13,301. \
Fire drills In Group E occupanclos shall be
conducted in accordanco with Section 100,31 of tho
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Iowa Administrative Code, Fire drilis in Group R,
Division 1, fraternities and sororities, shali be
conducted in accordance with the foliowing:
lal Fire drills shali be conducted once per academic
semester, as approved by the Fire Department.
Ibl A record of ali required fire drills shali be kept
by the person in charge of the occupancy and
forwarded to the Chief on an annual basis.
Records of fire drills shali inciude the time and
date of each drill held, the name of the person
conducting such drili and the time required to
vacate the building,
(c) Fire drills shali Inctude complete evacuation of
ali persons from the building,
Idl The Fire Departm nt shali be notified prior to
each drill.
lei When a fire alarm i present, fire driiis shaii be
Initiated by the a ivation of the fire alar
system.
(8) Deiete Section 79.201lal an
foiiowing:
Section 79.201(0).
Storage of flammable
Insida buildings in drums r other co tainers not
exceeding 60 galion individu I capaci ,and portable
tanks not exceeding 300 ga Ion in ' idual capacity,
shaii be in accordance with thl division, For the
purposa of this article, fla able aerosols and
unstable liquids shaii ba treat ~ as Class I-A liquids.
Exceptions:
(1) Liquids In tho fuel ank of motor vehicles,
aircraft, boats, or rtabla r stationary enginas,
121 Tho storagelf . uids th t have no fire point
when tested i accordanc with UFC Standard
#9.6,
131 The stora of distilled plrits and wine in
wooden rrels or casks.
Portable nks exceeding 30 gaiions shali be in
accordanc with Division V,
191 Amend Sectl n 79.601la) to read as foiiows:
lal Lo ation. Flammabte and ombustibte liquid
orage tanks located underg ound, outside or
nder buildings, shaii be in acc rdance with this
section, Tanks shaii be locate with respect to
existing foundations and suppo s such that the
loads carried by the latter canno be transmitted
to the tank, The distance from any part of a
tank storing liquids to the near st waii 01 a
basement, pit, ceiiar or property Ii shaii not be
less than three 131 feet, A mlnlmu distance of
one (1) foot, sheii to sheii, shali be maintained
between underground tanks.
Underground tanks shaii meet aii req irements
of the United States Environmental otection
Agency, the State of Iowa, and the I a City
Zoning Ordinance.
SECTION IV, REPEALER, Aii ordinances and p ts of
ordinances In conflict with the provisions of this Ordi \nce
are hereby repealed, \
SECTION V. SEVERABILITY. If any section, provision or part
of the Ordinance shaii be adjudged to be Invalid or
unconstitutional, such adjudication shaii not affect the
vaiidity of the Ordinance as a whole or any section, provision
or purt thereof not adjudged Invalid or unconstitutional,
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SECTION VI, EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication, as
provided by law.
Passed and approved day of
MAYOR
ATTEST:
CITY CLERK
zved by
City Attorney'
~lBocodf.Cfd
971,
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OROINANCE NO. 93-3575
AN ORal NANCE AMENOING CHAPTER B,
ARTICLE III, THE OANGEROUS BUILDING
CODE, BY ADOPTING THE /991 EDITION OF
THE UNiFORM CODE FOR THE ABATEMENT
OF DANGEROUS BUILDINGS WITH CERTAIN
AMENDMENTS THERETO.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that:
SECTION " PURPOSE. The purpose of this Ordinance is to
adopt the 1991 Edition of the Uniform Code for the
Abatement of Dangerous Buildings as prepared and edited by
the International Conference of Building Officials. and to
provide for certain amendments thereof; to provide for the
protection of the health, welfare and safety of the citizens of
Iowa City, Iowa; and to provide for the enforcement thereof
and for the penalties for the violation thereof.
SECTION 2, AMENDMENTS. Article III of Chapter B of the
Code of Ordinances of the City of Iowa City, Iowa, is hereby
repealed in its entirety and the following new Article III
(Abatement of Dangerous Buildingsl is hereby enacted in lieu
thereof:
Article III. AbLlemont of Dangerous Buildings
Sec. B-31. Codo - Adoptod.
The Uniform Code for the Abatement of Dangerous
Buildings, 1991 Edition, is hereby adopted subject to
the fallowing amendments. Said code shall be known
as the Iowa City Abatement of Dangerous Buildings
Code or the dangerous building code,
Soc. B.32. Samo - Amondmonts.
The Uniform Code for the Abatement of Dangerous
Buildings, 1991 Edition, edited by the International
Conference of Building Oft/cials, is hereby amended as
follows:
(1 I Delete the definition of 'Housing Code' in Sec,
301 and insert in lieu thereof the following:
Housing Code is the Iowa City Housing Code
as adopted in Chapter 17 of the Iowa City Code
of Ordinances,
121 Delete Chapter 5 'Appeal' in its entiroty and
insert in lieu thereof tho following:
Chapter 5
Appeal
Sec. 501. Any person affected by an action,
interpretation or notice Issued by the building
official with respect to tho enforcement of this
code may appeal the decision of tho building
official to the Board of Appoals, Such appeal
shall bo in accordance with the procedures set
forth in the By.Laws duly adopted by the Board,
Sec. 8.33. Reservod.
Sec. 8.34. Not/co of proposod ordors affoctlng
hlslorlc proportlos.
Except for emergencies as determined by the
building official pursuant to the ordinances of the City
of Iowa City, city enforcement agencies and
departments shall give the hl5toric preservation
commission at least thirty 1301 days notice of any
proposed order which may affect the exterior features
of any historic building for remedying conditions
determined to be dangerous to life, health or property,
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Ordinance No. 93-3575.
Page 2
Sec. 8-35.-8-43. Reserved.
SECTION 3, REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this ordinance are
hereby repealed.
SECTION 4. SEVERABILITY, If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in
effect after Its final passage, approval and publication, as
provided by law, but not before June 1, 1993.
Passed and approved this 11th
bJ1I:f4 ' ""
day of
ATTEST: ~~ .f ~M.J
CITY CLE
h\thU.IlI,ud
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It was moved by HorQ,witz and seconded by Novick
Ordinance as read be adopted, and upon roll call there were:
tha t the
AYES:
NAYS:
ABSENT:
-L-
-L-
-L-
-L-
Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
--X...-
--X...-
First Consideration 4/ll/Ql
Vote for passage: AYES: HcDonald, Novick, Ambrisco, Courtney,
Horowitz, Kubby, Larson. NAYS: None. ABSENT: None.
Second Consideration 4/?7/Ql
Vote for Passage: AYES: Novick, Ambrisco, Courtney, Horowitz,
Kubby. NAYS: None. ABSENT: HcDonald.
Date published
5/19/93
977
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER a,
ARTICLE III, THE DANGEROUS aUILDING
CODE, ay ADOPTING THE 1991 EDITION OF
THE UNIFORM CODE FOR THE ABATEMENT
OF ANGEROUS BUIWINGS WITH CERTAIN
AME DMENTS THERETO.
BE If ORDA NED BY THE CITY COUNCIL OF THE ClrY OF
IOWA CITY, OWA, that:
I
E RP E, The purpose of this Ordln ce is to
adopt the 19 1 Edition of the Uniform Cod for the
Abatement of 0 ngerous Buildings as prepared a d edited by
the Internationa Conference of Building Offi lals, and to
provide for certal amendments thereof; to ovlde for the
protection of the alth, welfare and safety the citizens of
Iowa City, Iowa; a d to provide for the enf rcement thereof
and for the penaltie for the violation the eof.
E T 2. AMEN MENT . Article III of Chapter a of the
Code of Ordinances f the City of low City, Iowa, is hereby
repealed in its entire y and the fol wing new Article III
(Abatement of Danger us Buildings) s hereby enacted In lieu
thereof:
Article III. Abete ent of sngerous Buildings
Sec. B.3'. Code Adop ed.
The Uniform Co e for the Abatement of Dangerous
Buildings, 1991 Ed io , Is hereby adopted subject to
the following amen ents. Said code shail be known
as the Iowa City A tement of Dangerous Buildings
Code or the dang 0 building code,
Sec. a.32. Sem - A endments.
The Uniform ode f r the Abatement of Dangerous
Buildings, 19 Editlo. edited by the International
Conference Building fflclals, Is hereby amended as
follows:
(1) Del e the definltio of 'Housing Code' In Sec,
3 and Insert in Ii u thereof the foilowing:
Housing Code Is t e Iowa City Housing Code
s adopted In Chapte 17 of the Iowa City Code
of Ordinances.
Delete Chapter 6 'A eal' In Its entirety and
Insert In lieu thereof t foilowlng:
Chapter 6
Appeal
Sec. 601. Any person ffected by an action,
Interpretation or notice I ued by the building
official with respect to th enforcement of this
code may appeal the decllon of the building
official to the Board of Ap als. Such appeal
shail be In accordance with ~/10 procedures set
forth In the By. Laws duly adoPI~d by the Board,
Sec. a.33. Reserved.
Sec. a.34. Notice of proposed 0 ~rs affecting
historic properties.
Except for emergencies as determl ed by the
bUilding official pursuant to the ordinances of the City
of Iowa City, city enforcement agencies and
departments shail give the historic preservation
commission at least thirty 1301 days notice of any
proposed order which may affect the exterior features
of any historic building for remedying conditions
determined to be dangerous to life, health or property,
977
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Sec. 8.35.-8-43. Reserved,
SECTION 3, REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this ordinance are
hereby repealed.
SECTION 4. SEVERABILITY, If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the Ordinance as a whole)lr-any section. provision
or part thereof not adjudged inva III or unconstitutional,
SECTION 5. EFFECTIVE DATE. This Ordinance shall be i
effect after Its final passage, a proval and publication, s
provided by law,
Passed and approved t is of
, 993.
MAYOR
A TTESr:
CITY CLERK
h\ch8alll,ad
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