HomeMy WebLinkAbout2002-07-02 Public hearing NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be
held by the City Council of Iowa City, Iowa, at 7:00
p.m. on the second day of July, 2002, in Emma J.
Harvat Hall, 410 E. Washington Street, Iowa City,
Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted
by the City Clerk; at which hearing the Council will
consider:
1. An ordinance changing the zoning
designation from Neighborhood
Conservation, RNC-20, to Sensitive Areas
Overlay/Neighborhood Conservation,
OSA/RNC-20 for 0.41 acres of property
located at 341 North Riverside Drive.
Copies of the proposed ordinance are on file for
public examination in the office of the City Clerk,
Civic Center, Iowa City, 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
Prepared by: Shelley McCafferty, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00004)
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM MEDIUM DENSITY MULTI-FAMILY
NEIGHBORHOOD CONSERVATION, RNC-20, TO SENSITIVE AREAS OVERLAY- MEDIUM DENSITY
MULTI-FAMILY NEIGHI~ORHOOD CONSERVATION, OSA/RNC-20, FOR A .41-ACRE PROPERTY
LOCATED AT 341 RIVERSIDE DRIVE.
WHEREAS, 341 Riverside Drive is owned by Apehouse, L.C., and contains steep, critical and protected slopes;
and
WHEREAS, the Sensitive Areas Ordinance requires a Sensitive Areas Overlay zone and Sensitive Areas
Development Plan to be approved prior to development activity occurring on properties with steep, critical and
protected slopes; and
WHEREAS, the proposed development of a 10-unit multifamily building and associated underground parking has
been designed to minimize disturbance to the steep and critical slopes, and provide a buffer between development
activity and protected slopes, as is required under the Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Development Plan includes a variation from the 35-foot maximum building
height standard to allow for a building height of 38.5 feet and reduction of the buffer between development activity and
protected slopes as allowed by the Sensitive Areas Ordinance; and
WHEREAS, the waiver of the 35-foot maximum building height standard to allow for a building height of 38.5 feet
encourages more compact development and allows the transfer of dwelling unit density from environmentally
sensitive areas of the property to nonenvironmentally sensitive areas of the property and results in sufficient light and
air circulation for the building; and
WHEREAS, the reduction of the buffer between development activity and protected slopes is appropriate
because it has been demonstrated to the satisfaction of the City that the development activity has been designed to
eliminate hazards, and said reduction will facilitate a reasonable use of the property while protecting sensitive
features.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current designation of
Medium Density Multifamily Neighborhood Conservation, RNC-20, to Sensitive Areas Overlay, OSA/RNC-20, and the
associated Sensitive Areas Development Plan is hereby approved: Lot 9, Block 4, Manville Heights, Iowa City, Iowa.
SECTION I1. VARIATIONS. Section 14-6K-1-1-3 of the City Code provides that the buffer requirements relating to
protected slopes may be reduced if a geologist or professional engineer can demonstrate to the satisfaction of
the City that a development activity can be designed to eliminate hazards, and Section 14-6K-1-N-3-g of the City
Code provides that maximum building height may be waived to encourage more compact development and allow
the transfer of dwelling unit density from environmentally sensitive areas of the property to nonenvirenmentally
sensitive areas of the property if the design of the development results in sufficient light and air circulation for the
building. The following reduction and waiver are approved as a part of the Sensitive Areas Development Plan:
a. Reduction of the buffer between the development activity and the protected slopes to no less than 10
feet as depicted on the Sensitive Areas Development Plan.
b. Waiver of the 35-foot maximum building height standard to allow for a building height of 38 5 feet
SECTION II1. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of
the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval and publication of this
ordinance as provided by [aw.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a
copy of this ordinance and a copy of the Sensitive Areas Development Plan for this property, and record the same in
the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval
and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
Ordinance No.
Page 2
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in 'effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
City~A[torney's Offi~
'~'~ [~"~ ~ ~ ppdadm/ord/341~iversideOSA-RNC20.doc
City of Iowa City
MEMORANDUM
TO: City Council
FROM: Shelley McCafferty, Associate Planner
DATE: June 26, 2002
RE: REZ02-00004, Apehouse 2
Due to issues regardin§ the storm water drainage as it applied to the Sensitive Area
Ordinance for regulated slopes, this rezoning required three considerations of the
Planning and Zoning Commission. At their June 20 meeting, the Commission approved
recommendation of this rezoning by a vote of 7-0.
Six letters of protest by neighborhood property owners were filed with the City Clerk.
These letters represented only 10.2% of the property owners within 200 feet of 341
Riverside Drive. Therefore, unless sufficient additional protests are submitted, a ~
majority of the City Council is not required to pass this ordinance. In addition, a petition
was filed by Betsy Boyd and signed by 257 Manville Heights residents.
City of Iowa City
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Shelley McCafferty, Associate Planner
DATE: June 14, 2002
RE: REZ02-00004, Apehouse 2 - "Lucy"
Due to concerns regarding this application, the issues involved in this rezoning and the
requirements for submittal should be clarified.
Because the development under consideration contains fewer than 12 dwelling units and
less than 10,000 square feet, under Section 14-5H-2 of the ordinance, the applicant is
required to submit a Minor Site Plan. The Department of Housing and Inspections, whose
responsibility it is to review this plan, is satisfied that the applicant has met the requirements
of Section 14-5H-5 for a Minor Site Plan Review.
Under the Sensitive Areas Ordinance (SAn) for regulated slopes, the applicant is required
to submit a Sensitive Areas Development Plan and a Grading Plan which is required
because this property contains protected slopes. Furthermore, because the applicant will be
excavating more than 500 cubic yards, an "engineered grading plan" is required per Section
14-51-5. Under Article C of this section, the requirements for soils and geology reports are
left to the discretion of the Building Official. A per the memo dated June 12, 2002 from Doug
Boothroy, the Building Official concurs with the recommendations of the City Engineer that
the soil and geology information, which is to be certified by a licensed engineer specializing
in geotechnical design, may be submitted at the time the applicant applies for a building
permit. Requiring certification by a geotechnical engineer will ensure that the applicant has
addressed the soils and geological issues, and has had the footings designed accordingly. It
is the opinion of the City that this site may be developed as proposed by the applicant
without causing instability to the slope or creating any additional public hazards.
In regards to the storm water issues, based on a June 14 meeting with the applicant and the
applicant's engineer, City Engineer Rick Fosse feels that all issues addressed in his June 6
memo can be resolved after which time the grading plan will be acceptable. The applicant
should have this grading plan submitted by the June 20 meeting. Also, Public Works
intends to repair the storm sewer directly south of the property in questions and install the
new storm sewer along Riverside Drive this summer. More information on this issue will be
available on June 20. With these developments, the storm water drainage issues on the site
will be significantly improved.
The Planning and Zoning Commission's review of the application is limited following two
issues under the Sensitive Areas Ordinance:
1) The applicant's request to reduce the buffer zone between the development activity and
the protected slope. The standard for the issue would be: The SAn provides that the
buffer zone may be reduced if a geologist or professional engineer could demonstrate to
the satisfaction of the City that any development activity could be designed to eliminate
June 14, 2002
Page 2
hazards.
The City Engineer has reviewed the Sensitive Areas Development Plan submitted by the
applicant and is satisfied with the submittal. Rick Fosse feels that reduction of the buffer
will not create instability in the slope or any other public hazard,
2) The applicant's request to increase the height of the building by 3.5 feet over the
standard 35-foot height. The standard for the issue would be: The ordinance provided
that dimensional requirements could be adjusted to encourage more compact
development and allow transfer of density from sensitive areas to non-sensitive areas.
Specifically as to height, the ordinance provided that the maximum building height might
be waived provided that the design of the development provided for sufficient light and
air circulation for each building.
Staff feels that the request for a 10% height increase is reasonable and the steeper
pitched roof will be more compatible with the historic architectural context in the vicinity.
Cc: Mitch Behr
Rick Fosse
City of Iowa Cit,.
MEMORANDUM
Date: June 6, 2002
To: Bob Miklo, Senior Planner
From: Rick Fosse, City Engineer
Re: Apehouse 2
With regard to the request to reduce the buffer zone required by the Sensitive Areas
Ordinance, the Engineering Division has the following comments:
1. The design approach for the footings presented in the May 30, 2002 letter from
Landmark Surveying and Engineering is reasonable. However, we suggest that their
recommendation that a "licensed professional engineer" complete the footing design
be revised to state a "licensed professional engineer specializing in geotechnical
design."
2. To limit the concerns about runoff from this site destabilizing or eroding the slope at
the east end of the lot, we recommend that the storm sewer and roof drains be
connected to the public storm sewer that exists just south of the south property line.
With regard to the Grading Ordinance, we have the following comments:
1. 14~5I-5 C: Because of the volume of excavation at this site, the grading plan needs to
be prepared and signed by a licensed civil engineer.
2. 14-5I-9 Setbacks & 15-5I-11 Drainage and Terracing The proposed plan shows a
fill slope extending to the south property line. This creates two problems. First, the
toe of the fill slope must be no closer to the boundary line than one-half the height of
the slope, with a minimum of two feet and a maximum of 20 feet. More importantly,
a drainageway that exists along the south side of this site will be blocked by the
proposed building and fill. This drainageway serves approximately three acres of
upstream property and needs to be maintained by some means either on this site or on
the property to the south by virtue of an easement. The capacity of this drainageway
needs to be adequate to convey the 100-year flood event for the tributary area and it
needs to be constructed to limit erosion.
Cc: Mitch Behr
City of Iowa City
TO: Bob Miklo, Senior Plan
FROM: Doug Boothroy, Director, He s
DATE: June 12, 2002
RE: Apehouse 2
The Department of Housing and Inspections has reviewed the proposal for development
of a 10-unit apartment building at 341 Riverside Drive. This proposal is required to have
a Grading Plan, which may include a soils and geology report, per the Sensitive Areas
Ordinance for regulated slopes. Under Section 14-51-5, Article C of the Grading
Ordinance, the Building Official may modify or waive the requirement for these reports.
Based upon the information received from the applicant and the recommendations of the
City Engineer, I do not feel it is necessary to require a complete soils and geological
report. Sufficient geological information should be provided with the construction
documents, which are to be certified by a licensed geotechnical engineer, to support the
design of the building footings.
: i' '. "I~ROTECTEO SLOPEs"
': "~!
~U~MITTA~ ~EQUIRE~ENTS (S~n ~4-5h~, Al:
Kerns ~-5. S~ Plan
One 10 unit mul~family dwelling is propped, The building ~fin~ has 5,536
123 N, Linn St, ; h ',
I h~..by certify tho[ th~s engrneering document, TITLE MINOR SITI
a. Contractor and owner shall inspect lhe site each 7 days and after 114" rainfall for
12t ~b/100012_12 fert[~izerSq' ft. orshol135 Ibs/ocre.be opp}ied at e. Gary KIInefelter, member, 1131 E. Washington St., Iowa Cily, Iowa, 52245, or la~e stmcturalfooSngs and are flexible and extremely stable. The units interlock with each other
the r~3te of 600 lbs/Acre. (319) 330-1096 is~esponsible for erosion control measures and inspections.
nol, to be built or~ within 14 doy$. c. Site Is within F.E.M.A. FIRM ZONE C dlstdct,"areas of minimal flooding",
If construction is suspended or deteyed. (FIRM, Community Panel Number 1901710005c, revised June 5th, 1985)
os sho,wn in Table 1 TEMPORARY grading, and am shown on the plan(a building permit for this is required). -~-- :
be oppOSed et the r<~te of 600 lbs/Acre, 14. The building is 4 three bedroom apartments and 6 two-three bedroom apartments.
fertilizer. 15. There are no existing or proposed storage facilities for this site.
TABLF~
TEMPORARY SEEDING BY 16. THE EXACT LOCATION AND ELEVATION OF ALL PUBLIC UTILITIES MUST
RA~'S, DEPTHS AND DATES BE DETERMINED BYTHE CONTRACTOR. ITSHALL BETHE DUTYOFTHE
SEEDING RATE ~ ~FT~I~3/ CONTRACTOR TOASCERTAINWHETHERANY FACILITIES OTHER THAN
Spec es [ Per Lbs/ OOOI nches ]3/1 5/20- 8/1[ THOSE SHOWN ON THE PLAN MAY BE PRESENT.
3<~[s 3 bu. 2.0 1-2 x 17. A minor rnodiflcation to allow the building height to be up to 10 percent more tharl
Nheet 21/'2 bu. 3.0 1 - x 35 feet is requested, or the building height amended by the Sensgive Area
SMd(in Overlay rezoning to 38.5 feet.
1/ Use verleties currently recommen:ded 18. There are no buildings within 15 feet on the east, south or west side.
2/ Use common sundengr(~ss vorleties only
Do not use hybrlds, t 9. There are 1 ~ trees on the east side of the site that will be protected.
3/ Between foil ~3nd spr~ng seeding dotes, Coverage trees required: 5,536 sf/550sf = 101mas required.
x Appl~coPle during entire period. LOCATION
- Not Qppl~coble in period. 20. Lighting details & photogrametdcs will be provided
Ir~ [~1 ~i, [~ [~ [~] A [~ [~ Thomas Anthony, LLS
. I~SURVEYING AND ENGINEERING Ralph Stoffer, PE, LLS
~~ 535 Southgate Avenue Iowa Ci~, Iowa 52240 web page: www. landmark-su~eying.com
~ Phone (319) 3~-1984 F~ (319) 354-8850 email: landmark~landmark-su~eying.com
June 17, 2002
Civic Center
E. Washington St
iowa City, IA 52240
Re: 341 N Riverside Drive, REZ02-00004
Dear Members of the Commission:
On Friday June 14 the applicants met with City Engineering staff and the adjacent
landowner, Jim Clark, to discuss and agree on a solution for the drainage issues
which have been raised with respect to the referenced application.
~ased on the information and agreements that came out of this meeting, the foilowir¢
~dditional information and revisions are being furnished to clari~ the details of the
i::roposed drainage plan.
1. S[orr:3water drainage for water on Ridgeland Avenue, the Clark prope~y
and ~he applicant's prope~y
a. T~e existing storm sewer that runs between Ridgeland Ave
Riverside Drive is damaged somewhere beneath the vacated alley
which now comprises the N 20' of the Jim Cla~ prope~y. The City
plans to repair the section of the storm sewer between the inzake
the middle of Ridgeland Ave and the East edge of the Clark parking
lot. An inlet will be ~nstalled at the east edge of the parking lot, snd
the storm sewer will carw storm water from the new inlet to the new
storm sewer being constructed along Riverside Drive. The City p!ans
to complete the repair before August 1, weather permitting. This new
inlet will catch the stormwater which currently drains of ,he ~rk,n¢
and down the protected slope.
b. After the repair has been completed by the Ci~, the sudace contcur
of the 5.0' of the Lucy lot and the N 10' of the Clark lot will be
designed to handle the 100 year flows as far as the East edge cf t~qe
Clark pa~ing. Jim Clark has agreed to grant an easement to provide
for stormwater drainage over ~his po~ion of his prope~y. This sudace
contour design has been reviewed by Jim Clark and by the City
Engineering staff.
Iowa City Planning and Zoning Commission
Page 2
June 17, 2002
c. The intake at the East edge of the Clark parking lot will be designed
to handle at least the five-year flows. For larger storms, the inlet
will handle its maximum capacity and if there is excess water it will
drain down the concrete rubble slope just east of the NE corner of
the Clark parking lot. This slope will accommodate the excess water
from a lO0-year storm with no adverse effects to the slope.
d. To summarize: Once the City has completed its repair and installed
the new inlet and manhole, all surface water from storms of the
5 - year magnitude or less which currently flows down the slope from
either the Lucy or the Clark property will be directed into the storm
sewer, as will the great majority of surface water from larger
storms. This is a major improvement compared to the present
situation, in which all the surface water from the two lots as well as
the water drained to Ridgeland Ave and not handled by the
damaged storm sewer ends up going directly down the slope.
2. Roof drainage and surface drainage of the applicant's property.
a. All roof drainage will also be directed into the storm sewer; the
connection will be at or near the proposed new manhole.
b. All surface drainage except east of the building from area around the
applicant's building will be directed to the storm sewer
3. Drainage of the ramp to the underground parking area: this water will be
collected in a trench drain at the bottom of the ramp and will be directed
into the storm sewer.
4. Drainage of water from inside the parking area. This water will be
drained via three floor drains to the sanitary sewer system.
5. Elimination of proposed rock level spreader on E side of building:
because surface and roof flows will be directed into the storm sewer,
the rock level spreader will not be needed to control drainage down the
slope below.
The changes described above have been incorporated into the revised site plan, which
is enclosed.
Iowa City Planning and Zoning
Page 3
June 17, 2002
I would be happy to respond to any questions from the Commission or from the City
Planning or Engineering staffs regarding these revisions.
I certify that I am a licensed Professional Engineering under the laws of the State of
Iowa. This report was prepared by me or under my direct personal supervision. My
license renewal date is December 31, 2003.
June 14, 2002
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
Re: Vacated Alley Between Lots 9 and 10, Block 4
Manville Heights, Iowa City, Iowa
I agree to grant an easement to accommodate the "100-year storm"
overflow on the north part of this project.
The swale would be centered on the north line of this vacated
alley with part of the flow being on the adjacent Lot 9. The
cross slope would be 4% toward the north line.
JC:mf
i ii. !ii ! ~.
.......................... .~ ~.L ........................... J'~ F ..........................
~.~ ~.~ )
WEST ELEVATION
B
NORTH ELEVATION
/~.'1 ~ /
METAL ROOF
COLOR: SLATE
EXTERIOR INSULATION
& FINISH SYSTEM -
COLOR: SAND OR
PEBBLE
SPLIT FACE
CONCRETE MASONRY
COLORt CHARCOAL~
INTERLOCKING
GRAVITY
RETAINING WALL
EAST ELEVATION
i~
.......
SOUTH ELEVATION
City of Iowa City
MEMORANDUM
TO: Planning & Zoning Commission
FROM: Shelley McCafferty
DATE: May 31,2002
RE: REZ02-00004 Apehouse 2, "Lucy"
Please find attached additional information regarding the rezoning of 341 Riverside Drive
from RM20 to Sensitive Areas Overlay (RM-20/OSA). At the May 23 meeting staff
stated that the development was outside the required buffer, which was calculated to be
18' based upon the length of the natural protected slopes. According to the ordinance
for regulated slopes, this buffer is required for both natural and humanly altered
protected slopes. However, Section 14-6K-1-1.3 allows a reduction of this buffer if a
geologist or professional engineer can prove that development activity may be designed
to eliminate hazards. Subsequently, the applicant has requested a buffer reduction and
submitted the attached information from a professional engineer regarding the mitigation
of any potential hazards.
Additionally, a revised Sensitive Areas Development Plan and Grading Plan is enclosed.
The City Engineer has reviewed this document and the minor corrections that the
engineer requested have been made by the applicant.
Based upon updated documents submitted and the City Engineer's review, staff
recommends that REZ02-00004, an application for rezoning from Medium Density Multi-
Family Neighborhood Conservation (RNC-20) to Sensitive Areas Overlay (OSA/RNC-20) on
.41 acres at 341 Riverside Drive be approved, subject to the submission of construction
documents cedified by a Professional Engineer prior to issuance of a building permit.
· ~ , I "' ~-'-SURVEYING AND ENGINEERING Ralph Stoffer, PE, LLS
~ I~~1~ 535 Southgate Avenue IowaCity, lowa52240 webpage: www. landmark-surveying.com
'"'-,.--I~~'~ Phone (319) 354~1984 Fax (319) 354-8850 email: landmark@landmark-surveying.corn
May 30, 2002
City of Iowa City
Planning and Zoning Commission
c/o Shelley McCafferty
410 E. Washington St.
Iowa City, IA 52240
Re: Apehouse LC "Lucy", RE02-00004
Dear Commission:
The following additional information is being provided to clarify some of the elements
of design on the referenced project:
Buffer Zone for Protected Slopes:
A. The proposed building is outside the required buffer of two feet horizontal for
each one foot vertical at the northeast corner and at 18' south of the northeast
corner. However, the southeast corner of the building lies within the buffer
zone, as does the southern portion of the proposed retaining wall. As allowed
by Section 14-6K-1-3 of the Sensitive Areas Ordinance, a reduction of the
required buffer for this portion of the building and retaining wall is requested.
Neither the proposed building nor the retaining wall will have any adverse affect
on the stability of the slope; rather the stability will be enhanced by these
improvements.
B. In particular, the proposed retaining wall constructed of interlocking concrete
masonry units with geofabric soil reinforcement will stabilize the condition of the
nearby slopes.
Stability of Footings:
A. Existing rubble and debris beneath the proposed building and between the
building and the proposed retaining wall will be removed. Footings will be
placed on undisturbed earth.
B. After excavation, soil tests will be conducted on the undisturbed earth, and the
footing design will be specified by a licensed Professional Engineer.
City of Iowa City Page 2
May 30, 2002
C. The predominant soil type in the area of the proposed construction is Fayette,
and the properties of this soil type are adequate for the type of construction that
the applicant has proposed. Additionally, there is no indication of instability in
any of the adjacent buildings of similar size and similarly situated near slopes.
Small Dike and Drainage Level Spreader:
A. The proposed 6" high dike to be located east of the retaining wall would require
minimal disturbance to the area between the retaining wall and the dike. Again,
this improvement would enhance the integrity of the slope below it. The
proposed dike will insure that runoff from the applicant's lot and the adjacent lot
to the south is directed to the Rock Level Spreader and be drained in a
controlled fashion to the slope below.
B. The Rock Level Spreader located at the center of the proposed 6" dike is
designed to slow and spread the flow of storm water, greatly reducing the
erosion potential on the slope below. The rock specification is 6" washed
limestone which allows water and air to reach the root zone; this is the
preferred way to make grade changes near upland trees.
C. The proposed stormwater drainage system on the applicant's lot is a substantial
improvement to the existing drainage situation. Currently runoff from the
adjacent parking lot is directed onto the applicant's lot and down the protected
slopes in a concentrated stream. The proposed development will insure that
this situation is rectified and that the water will be released downhill in a more
controlled fashion. The proposed development will insure that the cross-
boundary drainage situation is rectified and that the water from the applicant's
lot will be released downhill in a more controlled fashion.
Retaining Wall:
A. The proposed retaining wall is of concrete masonry unit construction specifically
designed for retaining walls (Keystone, Rockwood or essentially equal material).
The units are 18" wide, 8" high and 12" deep. They do not require frost
footings or large structural footings. The units interlock with each other and are
flexible and extremely stable.
City of Iowa City Page 3
May 30, 2002
B. The geogrid reinforcement is mechanically attached to the concrete masonry
units and is placed horizontally back into the soil. The geogrid sheets are inert
plastic with regular holes to lock the sheets into the surrounding soil. The
geogrid reinforcement is well proven with hundreds of installations in the Iowa
City area and millions world wide. The system is not widely known by the
general public because it is not visible after construction and there have been
virtually no failures of the system, even in extreme installations.
C. The protected oak tree shown between the proposed retaining wall and the dike
will not be adversely affected by the proposed development activity. The
footings for the retaining wall require only minor excavation, with an average
depth of 14".
Existing Vegetation:
A. The existing vegetation on the slopes below the proposed development activity
will not be disturbed by the construction, nor does the applicant plan to disturb
any vegetation in the future except for the purposes of forest management.
In summary, the proposed improvements will all have a beneficial effect on the
integrity and stability of the protected slopes on the applicant's lot and will be a
substantial improvement over the existing situation. I hope this has explained some of
the design details, and I would be happy to answer any of the Commission's questions
regarding this matter.
I hereby certify that this engineering document
was prepared by me or under my direct
personal supervision and that I am a duly
licensed Professional Engineer under the
laws of the State of Iowa. My license renewal
date is December 31, 2003.
Ralph Stoffer, License Number 6709 Date
RS:mf
FINISH FLOOR = 94.0 $
~EXISTiNG GROUND LINE ~GEOGRID REINFORCEMENT
~LO~ER LEVEL = B~.O ~ ~ - ~l ~ TOE DRAIN ~ ~ z
~/~6" DEEP x 12" WIDE ~ ~ PROFILE AT CENTERLINE OF BUILDING~
6" DEEP 3/8" DRAINABL
SUBBASE (GRAD. 12)
EAST-WEST SECTION AT CENTERLINE OF "LUCY"
/-FINISH FLOOR = 94,0
o RETAINING WALLS AT RAMP//L
-- ~EXISTING GROUND LIN~-- -- --
~ I~LOw~R--- L£VE /-LOWER LEVEL = 84.0
-- I I~__ ,--ORIGINAL GROUND LINE
SCALE : 1/8" =
"'" EAST FACE OF BUILDING ,-,
, / ........... / .......... ~-~¢ OF WA,[=TW=87.SO---.. _ __-,
I/ ~,,~EXPOSED FACE ~LOWER LEVEL=84.00 I ' ~
8s I,'rETAINING ;;'ALL -.~ ~ , , , ¥---' i _--""~--- 85
BOlTOm OF (oxposod) WALL
VARIES 78.8 TO 87.5
NORTH-SOUTH SECTION
AT PROPOSED RETAINING WALL
2\02012-04.dw0.05/28/02 09:32:11 AM
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Shelley McCafferty
Item: REZ02-00004 Date: May 16, 2002
GENERAL INFORMATION:
Applicant: APEhouse LC
c/o Cynthia Parsons
123 N. Linn Street, Suite 300
Iowa City, IA 522405
Requested Action: Rezoning from RNC-20 (Medium Density Multi-
Family Neighborhood Conservation) to OSA/RNC-
20 (Sensitive Areas Overlay)
Purpose: To allow the construction of a 10-unit apadment
building that will encroach onto altered steep and
critical slopes.
Location: 341 Riverside Drive
Size: .41 acres
Existing Land Use and Zoning: RNCo20, vacant
Surrounding Land Use and Zoning: Nodh: RNC-20, Multifamily
East: Public, University
South: RNC-20, Multifamily
West: RNC-20, Multifamily
Comprehensive Plan: Residential 16-24 units per acre
File Date: April 25, 2002
45-Day Limitation Period: June 9, 2002
BACKGROUND INFORMATION:
The applicant has requested a rezoning from Medium Density Multi-Family Neighborhood
Conservation (RNC-20) to Sensitive Areas Overlay,Neighborhood Conservation-20 (OSA/RNC-
20) for the property located 341 Riverside Drive. The applicant intends to construct a ten-unit
apartment building on a vacant parcel of land, which is permitted within the RNC-20 zone. The
applicant is required to provide 20 off-street parking spaces. The property under consideration
contain protected (over 40%), critical (25%-39%) and steep (18%~24%) s~opes, requiring that a
sensitive areas development plan and rezoning be reviewed, and approved prior to the issuance
of a building permit.
2
ANALYSIS:
Sensitive Area Ordinance/Development Plans: The intent of the Regulated Slopes section of
the Sensitive Areas Ordinance is to protect the stability of potential erodible slopes from
development activities and to preserve the scenic character of wooded hillsides. Generally,
regulated slopes of over 18% are to be avoided and protected with a buffer at the top and bottom
of the slope. Development within regulated slopes is discouraged, but not prohibited. In this
case, the slopes that exist on the property fall under the category of "humanly-altered steep and
critical slopes", as past filling and dumping created them. The building will encroach upon altered
steep and critical slopes. The Sensitive Areas Ordinance allows development within altered steep
and critical slopes provided that a professional engineer can demonstrate to the satisfaction of the
City that development activity will not undermine the stability of the slope, in addition, the City
must determine that the development activities are consistent with the intent of the Sensitive
Areas Ordinance.
The applicant is proposing construction of a ten-unit apartment building - (4) three-bedroom
units and (6) two-bedroom units. The building will be approximately two-and-one-half stories high
with 19 parking space located below grade. A single surface handicapped parking space will be
located near the Ridgeland Avenue entrance. The below grade parking will be accessed from
Ridgeland Avenue.
The development will be located upon altered steep and critical slopes that are located towards
the east side of the site, which is allowed under the Sensitive Areas Ordinance. The applicant has
located the structure towards the west side of the property to minimize its encroachment on these
regulated slopes, which allows the protected slopes to be avoided. Currently, concrete rubble
from dumping is visible on the site and has prevented the extraction soil borings. The applicant
will provide additional information regarding site conditions prior to Planning & Zoning's Thursday,
May 16 meeting. Additionally, comments from the City Engineer will be received by this time.
Assuming that it is determined that the proposed construction will not cause any failure of the
slope's stability, this application complies with the intent of the Sensitive Area Ordinance.
STAFF RECOMMENDATION:
Staff recommends that REZ02-00004, an application for rezoning from Medium Density Multi-
Family Neighborhood Conservation (RNC-20) to Sensitive Areas Overlay (OSA/RNC-20) on .41
acres at 341 Riverside Drive be approved, pending conformation that this development will not
adversely impact the stability of the slopes.
ATTACHMENTS:
1. Location map
2. Applicant's statement as to why the zone change is warranted.
3. Site plan
4. Elevation drawings
5. Letter from applicant requesting expedition of rezoning
Approved by: ~ /-¢ ~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
TlpcdlshelleylREZO2-OOOO4LucylREZO2~OOOO4Ostaff
SITE LOCATION: 341 Riverside Drive REZ02-O0004
Apehouse, LC
123 N I~inn St · Iowa City, IA 52245 · USA
(319) 337-3439 · (319) 337-9659 · (319) 354-0559 (FAX)
cparsons~icialaw.com · jim-peterson~mchsi.com
9 May, 2002
City Council
City of Iowa City
Civic Center
Iowa City, IA 52240
Re: Application for rezoning, 341 N Riverside Drive
Dear Council Members:
Regarding the referenced rezoning request, we recently received via our Architect John Shaw the proposed
schedule for processing the application:
May 13 Informal P&Z
May 16 Formal P&Z
June 6 Formal P&Z (vote)
June 18 Council (public hearing)
July 2 Council (1st vote)
July 16 Council (2nd vote)
August 20 Council (3rd vote - pass & adopt)
Due to the relatively small scale of the project, and the straightforward and non-controversial nature of this
rezonmg request, we truly feel that a schedule of more than three months to process this application is
unduly lengthy.
We have asked the Planning and Zoni~g Commission to conduct their final vote on the application at their
May 16 meeting (please see the enclosed copy of our letter to the Commission).
Conditioned upon approval of the application by the P&Z Commission, we respectfully request that the City
Council conduct the public hearing and take all of the required votes in its meetings of June 11, July 1 and
July 2.
Your consideration in this matter is most appreciated. We would be happy to answer any questions or
receive any comments regarding the our request.
Sincerely,
James W. Peterson Cynthia E. Parsons
Member Member
20. ~ ~': 4~Ptt ~4UTTLEHC~TH NO. 343 P.
c.
J~e ~0, ~00~
c/o ~b M~
410 ~st Wa~ St,
Io~ CiW, ~ 52240
~; ~2-000~ (~1 N. ~vergde ~)
~ ~ssi~ Mem~:
u~t' a~ent ~ at 341 N. ~erside D~, w~ch is ~ a ~nmifi~
A he~ ~ held on ~s mt~ ~ May i6, 200~, ad ~ con~ucd
J~e 6, 2~2. At the J~e 6, 2~, meeting, ~e ~ssiou he~d f~m
Uni~rsiW of Iowa hy~lo~ ~ss~ Fr~ W~h re~E ~ Haks of
flood~t a ~n ~ ~ pm~ b~ng is c~s~c~ ~ ~e ~nsifivc
~, w~ is ~c ~ ~ ~ for a ~-~ ~a.
~mmi~ E~ ~ed pho~phs of fl~g ~ ~e a~a ~ter one-~ of
~ ~ of ~.
A~r ~verM Co~m~on mem~ ~s~d con~s a~ut ~lo~
~g w~h ~ ~s~t ~ ~at~ fl~d~ and em~n, ~e Co~ss~
r~es~ ~m ~e App~t a ~e ~d ~g ~an ~fore ~c
pl~s ~ ~e a r~en~ W ~c Co~Ssion. ~e C~s~on
n0~d ~at ~e o~ r~s ~e Ap~t ~ ~ ~ ~e
~~ how ~h~ a~c~t ~ dc~ ~ a 1~ ~d even~
~ n~ m~ is ~hed~ ~ J~ 20, 2~2~ ~ou~ ~e A~c~t
sub~t~ ~t~s W ~e CiW E~er, ap~n~ on J~c 17, 2002, ~osc
m~s w~ not sh~ ~ o~ ~ent's en~, S~jay S~ of
~mpuTe~, Inc., ~ J~e 19, 2002; ~c d~ ~c~afions w~ ~ a
v/Ia1 ~ of thc materials w~rc not made avaJ. lablc v.n~. tiffs morn/n~ June 20,
2002,l Because Professor Weirich is giv/ng testimony in Cai/fornia, he cmmot
appear ton/ght althol~h he has now rev/ewcd the calculations sent to him by
facs/mfle, Mr. $/~hvi has also exam/ned these calcuIafions. Both en~neer/r~
experts a/~ced that the two pares of calc~fions provided are incomplete and
do not address thc necessary dra/nage from the site. The ~ime of
concentration' of m/nfall and the amount of runoff shown in the calcttlation i~
incorrect, as Professor Weir/ch pointed out at the last mectin/~ of thc P1~rtin//
& Zonln~ Comm/~/on, The caFanity of the proposed drainage system shown in
thc fo,-~mla and plan w/Il be exceeded well be/ore the five-year flood event, No
l:r~'ovis/on is made for this' fiood/ng, much less 'the 100-year event, These
inaccurate calcuIations do ~lot prov/d~c the Commission or the City En/~ser
with a basis for an informed or reasonable dec/sion on the reson/ng request.
Moreover, no provis/on is made to han~e the dra/na~e once it reaches
R/verskle Drive. The flow fro~ the cX/stJng ol' proposed storm sewer simply
erodes the bottom of thc hill and will flood Riverside Drive,
In short, thc concerns voiced by thc he. bors. its expels, and some
flood/rig/eros/on ~-e s~ll preeent end have not been adequateIy addressed by
the Applicant. We hope that the Corem_ ~ssion and City Council w/ll address
these serk~s dm/nage co~ms as they e~mfine r.l~s rezoning request.
There are many other reasons why the Commiss/on shm~_!d deny the
Applicant's request for a rezonin§ to allow the construction of the pwpoaed
apm-t~nt bu/ldW, g at 341 N. !~iverside Drive, Aesthetics ahould matter under
the Sensitive Areas Ord/nance. The proposed sr~'ucture is mo h/g for the lot, as
is ev/denced by the fact that s/de setback ~u/remcnts are not met by the s/te
plan.
We respecffv21y request that the Cornm/zsion deny the Applicant's
request for rezoning.
~ Thc ca~cula~ons are s~mched t~ thie ~et~cc~ a~ Exhih/t *A".
MAY. 16. 800~ 1: 30PM SHUTTLENORTH NO. 391 P.
S H U T T L F.W O R.T H,~-~N G F. R S O L L, P,L.C.
A~0KN~YS AT LAW ~A~LISH[D
~ O. M~ W~ P. P~ ~]. ~ G~ L
May 16, ~00~
Iowa Ci~ Pl~g ~ ~ CeSsion
AL~: Robert Mi~o
410 ~ast Was~on St.
Iowa O~ ~ 52240
~E: ~Z02-00004
De~ Mr. M~o:
~s letter w~ch is berg sent ~ ~ou ~ ~acs~ile ~ add~css conc~ms
rcg~ ~c po~nfi~ ~zon~g of ~c pmpe~ locm~d at 341 N. ~rs~de
D~ve ~ Iowa Oi~, Iow~, which ~11 bc ~e subject of ~ Iowa Ci~ ~g
Zo~g Oo~ssion mee~g o~ ~sd~y, May 16, ~002, ~c~8c see ~at
co~ of ~s co~empondence is p~ded to ~ of ~e members of ~e Pl~ng
~mg Co~ission p~or to ~m mee~ on May 16, 2002.
My fa~. represenm Oas~ M~on, ~ ~terested ~ei~bor. Ms, M~on
long-~e ~sident of ~e ne~borhood ~eemd by ~e ~zon~g decision,
f~st put.sod her ~sidence ~t 22~ Maclc~ 8~et ~
~ associnte ~m ~ office spoke ~ Iowa Oi~ Associa~ Planer
SheH~ McO~e~ on beh~f of my c~ent ~d ~mcove~d ~t ~e nooemsi~ for
~ng ~c proper~ a~ a 8ensifiw ~e~s Overhy ~nc (OSA) stems f~m
f~et ~mt ~e p~per~ eon~s re.ted, promoted, criScO, ~d steep
(ms de~od ~ 14-6K-1~)) subject to ~e 8enmi~ ~m O~ce
~d Iown Oi~ Ord~ce g6-3~44, 9-10-96. McO~c~ ~cated ~at she
reco~end app~v~ of ~e ~zomg request because of h~
(n~ely, dmp~g) which have ~tered ~e slopes,
The ~zo~ng ~qu~st by Apehous~, 5,O. is for ~e p~ose o~
~onm~cfion of a 10-ap~ent build.g, not for conse~a~on of such
MAILINO ADDRESS: P,O. BOX 2107 C~DA~ R~PIDS, IOWA $2406.2107
MAY. 16. ~002 1: 30PM SHUTTLEWORTH MO. 391 P. 3/6
Iowa City Planning ~ Zoning Commission
May 16, 200~2
Page ~,
building as was stated in the notice sent to property owners within 300 feet of
the property at issue, which notice is attached to this letter as Rxhlbit A, Thc
notice was misleading and as such is fatally defective. In addition to the false
and misleading notice sent to area homeowners, the usual practice of the
Planning Depa, t~x,ent to post notice of proposed rezoning requests at the
property was not followed in this case. When Ms. Mahon noticed that no such
notice was posted at 341 N. Riverside Drive, the Planning Department in
response to her inquiry told her that fraternity boys must have vandalized the
sign. In any event, no notice was posted at the property until approximately
5:00 p.m. on May 15, 2002, the night before the hearing and only after a
complaint was made by Ms. Ma_hon.
The failure to provide accurate and effective notice renders any decision
by the Iowa City Planning & Zoning Commission at the hearing tonight, May
16, 2002, defective and appealable on that basis alone.
The purpose of the Sensitive Areas Ordinance is to protect the public
from flooding and erosion, preserve open space while minimizing disturbances
of natural resources, and pe~'mit reasonable use of properties while recognizing
and protecting natural resources from destruction. See. 14-SK-l(A}. The more
specific stated purpose of regulating development on steep slopes is to
minimize flooding, landslides, mudslides, and erosion, while preserving the
scenic character of hillside areas. See 14-6K-l(I){1)(a)-(d). The proposed
construction of a 10-unit' aparl~ent building at 341 N. Riverside Drive is
contrary to each of the stated purposes of the Sensitive Areas Ordinance.
Permitting the proposed construction will lead to further erosion of the
steep slope along Riverside Drive, resulting in greater flooding during and after
rainstorms and winter snows which is destroying this natural resource and
which puts the public in danger of traffic accidents. The apartment building
will not promote urban developmer~t that preserves open spaces, but rather will
ib. rther clog an already crowded section of town, Because the property does not
have entry from Riverside Drive, apartment residents will travel to the
Ridgeland Drive entrance through streets and neighborhoods that have already
become overly congested due to past construction along Riverside Drive.
As you arc probably aware, there is currently a joint sewage and storm
drain improvement project being conducted by the University of Iowa and the
City of Iowa City along North Riverside Drive. The University of Iowa was
115 THII~D STI~aE? SI~, SUIT8 $00 P.O. Box ~107 CIiOAIt ~APIDI, 1OWa 5R405-210~'
MAY.16,~00~ I:31PM SHUTTLENORTH MO.B91 P,4/6
· ' .SHUTTLEWORTH ~, INo~iR$0LL, P.L.C.
Iowa City Planning & Zoning Commission
May 16, 2002
Page 3
provided with the defective not/ce discussed above which was dated May 10,
2002, and additional time is needed to assess the effects of such a rezoning on
this multi-million dollar project, As was noted above, the purpose of the
Sensitive Areas Ordinance is to protect the public. Jeopardizing the University's
project by fsillng to allow it sufficient time to investigate the potent/al negat/ve
impact of the rezoning and the proposed apai-th~ent building will be to the
detriment of the citizens of Iowa City and directly contrary to the purposes of
the ordinance.
There are many requirements in the ordinance that have not been met or
even addressed by thc property owners. The property ow~cre have requested
an expedited hearing in this matter as they allege that the rezoning request is
non-cont, rover~ial, but the results o£ a soil extraction boring test and a sensit/ve
areas development plan reqt~red by the ordinance had not even been prov/ded
to the Planning & Zoning Commission as of 9:35 a.m. on May 15, 2002, so that
it m/~'tt make its rezoning dete~a~ination with ~ and complete information.
Ms. Mahon would like to have adequate time to have an cxpert exam/nc the
r~sults of a soil boring test and development plan. The Staff Report and city
ordinances require the soil boring results prior_to a decision on the rezoning
application. In addition, the Staff Report requires a report from the city
en~neer prior to the meeting of the Planning ~ Zoning Comm/ssion. As of 9:35
a.m. this momin~. Ma_v 16, 2002, Shelley McCafferW of the Pl-nn[n~
De~)artment confirmed_that~no soil borings results and no ciW en~neer report
had been received. Subsequent attempts today to contact Ms. McCafferty have
been unsuccessful as she has not returned the firm's calls.
In add/t/on to the above requirements, there are buffer requirements that
the property owners have not addressed, and there are bans on grading which
thc property owners will violate with the proposed construction. S~e Ord. 95-
3719, 3-5-1996; amd. Ord. 95-3744, 9-10-1996 and Ord. 95,$599, 12-5-1995;
amd. Ord. 96-3744, 9-10-1995. The property owners have not indicated an
intention to comply with any of the Des/gn Standards For Regulated Slopes 14-
6K-l{I)(4){a)-(e}, snd the Staff Report does not even mention these
requirements.
The Staff Report recommends approval of the rezoning request and
waiver of the information requ/red by ord/nance because the slopes are
~hurnanly-aitered steep and critical slopes.~ See Staff Report Analysis. If the
slopes wore humanly-altered slopes, it is possible that the Zoning & Plaunlng
115 THIRD ~TIt~ET ~B, SVITE $00 P.O. ~OX 2]07 CED~.X RAI~IDS, IOWA S240&.2107
TEL~PHON]~ 3 [ 9,$~$,94~ I ~AU$1MILE ~ 19,365,87'~$ ~*VWW*$HI~'TTLBWORTHLAW.C~OM
MAY. 16. ~00~ 1: 31PM SHUTTLE:WORTH NO. 391 P. 5/6
SHUTTL]/WORTH 8~. ING-.,SOLL, P.L.C,
Iowa Ci~ Plug · Zon~g ~m~ssion
May 16,
P~e 4
Commission could waive some of the procedural requirements under the
Sensitive Areas Ordinance. However, the de£mition of "Slope, Altered Protected"
is ~any slope of forty percent (40%) or steeper created by human activity such
as cuttin~ or filling, which activity has occurred prior to December 13, 1995,
and which slope is not otherwise approved by the City. (Ord. 96-3719, 3-5-
1996)..Se6 14-6K-l(B). The slope on Riverside Drive does not meet the
definition of a h~_manly-altered slope under the ordinance because it was not
created by f~lliT~§ but rather by nature and the Iowa River, and therefore the
Zoning & Planning Commission is not authorized to waive the requirements of
the ordinance.
Ms. McCafferty indicated when the associate spoke to her that dumping
along Rivcreide Drive makes this property a humanly-altered slope. As is
shown above, dumping is not included in the definition of a humanly-altered
slope in thc ordinance. Construction or other improvements to property, and
not garbage dumping, wero contemplated by this section of the ordinance as
the surrounding language and eontcx[ make clear. If the city is concerned
about dumping along Riverside Drive, it should consider enforcing ordinances
already in place that would require the property owners to remove thc debris,
not permit a building to be constructed on top of it.
Thc purpose of the Sensitive Areas Ordinance is to protect and preserve
nature, not squeeze nature out through crowding and over-building. Therefore,
it is recommended that the Planning & Zoning Commission comply with the
stated purposes and requirements of the Sensitive Areas Ordinance and deny
the request for rezoning to a Sensitive Areas Overlay Zone.
If the Planning & Zoning Commission decides not to deny the rezoning
request tonight, iC should at the very least provide additional time for proper
notice to bc given to interested parties and for the applicants to provide the
infonuation that is required by city ordinance for the Planning & Zoning
Commission to make its decision on the rezoning application.
Any questions regarding this correspondence may be addressed to my
office.
SincerelY,
115 Tllllt~ STItZBT SE, S'tIIT~ S0O P,O, SOX '~107 (~,DAR RAPIDS, IOWA $240§.2t07
MAY. 1G. 2008 1: 31PM SHUTTLEWORTH MO. 391 P. 6/6
14:34 ~" ' * ', ........ ,",, ' ....
May 10. 2002
De.ar Pmpen~y Owner:
The Iowa City Planning and Zoning Commission has received an application
from, Apehouse L.C., f~r a rezoning from Neighborhood ConaerwUon
Reeidential zone to Overlay Sensitive Area - Neighborhood Conservation, for
pmperb/located at 341 Riverside Drive. Approval of this overlay zone will allow
conservation of a 10-unit aparlment building.
· As a neighboring property owner, you are being notified and invited to present
your views concerning this application either oraJly or In wrltlng. A public meeting.
on this application Is esheduled for Thursday, May 16, 2002 at 7:30 p.m. in
Emma J. Harve! Hall, Civic Center, 4t0 E. Washington StTeeti Iowa City. The
Planning and Zoning Commission review Is an opportunity for you to 13revlde your
~omments.
If you know of any Interested party who has not received a copy of this letter, we
would appreciate it if you would inform them of the pending application.
If you have any ~luestlons regarding this application, please contaut Shelley
McCaffery at ~56-$234 or e-mall
Sincerely, . -
Lolita Charron
Administrative Assistant
PROTEST OF REZONING
TO: HONORABLE MAYOR AND CiTY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of twenty percent or more of the area of the property
included in the proposed zoning change, or the owners of twenty percent or more of the
property which is located within two hundred feet of the exterior boundaries of the property for
which the zoning change is propose, do hereby protest the rezoning of the following property:
This petition is signed and acknowledged by each of us with the intention that such rezonlng
shall not become effective except by the favorable vote of at least three-fourths of all the
members of the council, all in accordance wfth §414,5 of the Code of Iowa.
OWnar,., o,'°/ /-- ': Propa.-,Addre..
STATE OF IOWA )
JOHNSON COUNTY )
On this ~ day of ~J~ ~_ ~ , 20~., before?.~e the undersigned, a Notary Public in and
for said Count./and State, personally appeared t h~.~ //~t. ~(~.~-~',~. a.~_
to me known to be the identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed the same
as their voluntai~ act and deed.
Notar~ Public In and for the State of Iowa
By:
Owner(s) of Property Address
STATE OF IOWA
) ss:
JOHNSON COUNTY
On this day of , , ,20 , before me, the undersigned, a Notary Public in and
for said County and State, personally appeared and
to me known to be the identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed.
Notary Public in and for the State of Iowa
pcp
PROTEST OF REZONING
TO: HONORABLE MAYOR AND CrT'Y' COUNCIL (~-~' ~ --
IOWA CITY, IOWA ~O o~ ,
We, the undersigned, being the owners of twenty percent or more of the area~ the p~perty
included in the propoeed zoning change, or the owners of twenty percent or morecOf the
property which Is located within two hundred feat of the extedor boundaries of the property for
which the zoning change is proposed, do hereby protest the rezoning of the following property:
This petition is signed and acknowledged by each of us with the intention that such rezoning
shaJl not become effactNe except by the favorable vote of at least three-fourths of all the
members of the council, all In accordance with §414.5 of the Code of Iowa.
By:
Owner(s) of Property Address
STATE OF IOWA )
) as:
JOHNSON COUNTY )
On this ~-~day of ~, ~0 ~..-, before me. the undersigned, a Notary Public In and
for said County and State, personally appeared ~,.~.~ ~ and
to me known to be the Identical persons named in and who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed.
Notary Public In an~ ~lS'r'th~ State of Iowa
Owner(s)' of ~
STATE OF IOWA
) sa:
JOHNSON COUNTY
On this ~ day of ~'~/~! ~ .20 472, before m,,~e, the undersigned, a Notary Public tn and
for said Court/and State, personally appeared //~ /~,%~/~2 ~J~'~" and
, //v to me known to be the Identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed the same
as their volunta~/act and deed.
Notar~Public in and for the State of iowa
PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of twenty percent or more of the area of the property
included in the proposed zoning change, or the owners of twenty percent or more of the
property which Is located within two hundred feet of the extedor boundaries of the property for
which the zoning change is proposed, do hereby protest the rezonlng of the following property:
This petition is signed and acknowledged by each of us with the intention that such rezonlng
shall not become effective except by the favorable vote of at least three-fourths of all the
members of the council, all in accordance with §414.5 of the Code of Iowa.
Owner(s) of P_~_perty Address~.~
STATE OF IOWA ) ~'
) ss:
JOHNSON COUNTY )
On this ,~ day of .~ , z0~ , before me, the undersigned, a Notary Public in and
for said County and State, personally appeared ~ ~ /~;iz'~.~. and
to me known to be the identical persons named in and who
executed the wffhln and foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed.
Nota~t Public ~n end for tha Stete of ~cwa
STATE OF' IOWA
JOHNSON OOUN'rY )
On th~s _u day of _% ~ ~ , ~0~, before me, the undersigned, a NotCry Public ~n end
for said County and State, personally appeared 7~ o ~,v, ~ /'~ . 1~4.-z.¢ ~'~, and
to me known to be the identical persons named in end who
executed the within and foregoing Instrument and acknowledged that they executed the same
as their voluntary act and deed,
Nota~/ Public in and for th~ State of :.~.o~
PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of twenty percent or more of the area of the property
included in the proposed zoning change, or the owners of twenty percent or more of the
property which is located within two hundred feet of the exterior boundaries of the property for
which the zoning change is proposed, do hereby protest the rezoning of the following property:
South part of Lot 9, Block 4 of Manville Heights Addition, Iowa City, Iowa
This petition is signed and acknowledged by each of us with the intention that such rezoning
shall not become effective except by the favorable vote of at least three-fourths of all the
members of~the council, all in accordance with §414.5 of the Code of Iowa.
Owner(s) of Property Address ,
STATE OF IOWA )
JOHNSON COUNTY ) ~-~ :.,.~
On this ~ day of ,(~dd//~/ , 2002, before me, the undersi~-ned, a Notary Public in and for
said County and State, personally appeared ~b,/~ ~;. /-~-ff~v<~ and
to me known to be the identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed. Io,~,.I SHIRLEY a. MILLER ],
[$ ~[~ v~] Gommission Number 1881~4
·
Notar pubiic-i'r §ta -o owa
Owner(s) of Property Address
STATE OF IOWA )
JOHNSON COUNTY )
On this day of ,2002, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared and
to me known to be the identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed. [~,~,[ SHIRLEW. MILLER [
L~ ~,~1 Gornmisaion iqurnOor
Notary Public in and [o/r ~ate of Iowa
PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being ff~e owners of twenty percent or more of the area of the property
included in the proposed zoning change, or the owners of twenty percent or more of the
property which is located within two hundred feet of the exterior boundaries of the property for
which the zoning change is proposed, do hereby protest the rezoning of the following property:
South par~ of Lot 9, Block 4 of Manville Hei§Ms Addition, Iowa Ci[y, Iowa
This petition is signed and acknowledged by each of us with the intention that such rezoning
shall not become effective except by the favorable vote of at least three4ourths of all the
members of the council, all in accordance with §414.5 of the Code of Iowa.
Property
J Owner(s) of / Address
STATE OF IOWA )
SS7
JOHNSON COUNTY )
On this ii day of ,O0r~C. ', 2002, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared -.iC~flO'¢5 /~ ~e_, and
to me known to be the identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed.
Notary Public in and for State of Iowa
By: . .
Owner(s) of Property Address ' '-
STATE OF IOWA )
JOHNSON COUNTY ) ':
On this __ day of ,2002, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared and
to me known to be the identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed.
.~ : c. f.'~ Notary Public in and for State of Iowa
PROTEST OF REZONING ~.·
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
We, the undersigned, being the owners of twenty percent or more of the area ofc~-e prol~erty-?]
included in the proposed zoning change, or the owners of twenty percent o~rS~0re ~{ the~
property which is located within two hundred feet of the exterior boundanes of ~ proper-t-y for
which the zoning change is proposed, do hereby protest the rezoning of the follow*lng pro~rty:
South part of Lot 9, Block 4 of Manville Heights Addition, Iowa City, Iowa
This petition is signed and acknowledged by each of us with the intention that such rezoning
shall not become effective except by the favorable vote of at least three-fourths of all the
members of the couI3cil, all in accordance with §414.5 of the Code of Iowa.
Owner(s) of ~ Property Address
STATE OF IOWA )
) SSi
JOHNSON COUNTY )
On this .~5'}~a- day of 00,1//O 2002, before me, the undersi ed, a NotarM Public in and for
~aid C;~nt¥ ~'~ ~ a~'d~ personally appeared ~)~ and
.,z~_b~. _/I,~A ~ to me known to be the identical p~ons nam[dd in and who
executed ~e within and foregoing instrument and acknowledged that they executed the same
as their
By:
Owner(s) of Property Address
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,2002, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared and
to me known to be the identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed.
Notary Public in and for State of Iowa
BETSY BOYD
508 River Street
Iowa City~ Iowa 52246
(319)354-9136
nusser.boyd~mcleodusa.net
................................................................
June 6, 2002
Dear Members of the City Council and the Planning and
Zoning Commission:
Re: Rezoning request for 341 N. Riverside Drive.
The attached petition is self explanatory. It has been signed
by 257 citizens representing approximately 208 separate
households in Manville Heights, Templin Park~ Park View
Terrace and elsewhere.
Your consideration of this petition is greatly appreciated.
Respectfully yours,
Betsy Boyd
~Toi Iov~. City Planning and Zoning CommiSS~on~
Iowa City Co~c~
Thc ~dcrsi~, ms~n~ of M~e ~e~hts, Temp~n P~
p~es he.by object ~ ~e proposed rezo~g of p~pe~ ~t 541 No~
~ver~dc Drive for p~po~s of cons~c~ff a ~n-~it ap~nt b~g
'~der~d~ p~Mng. ~ p~ose of ~e Sen~i~vc ~eaa Orinoco is to
protc~ ~c pubic from flood~g ~d cro~n, precede open spa~ wMle
~[m~ dis~b~s of na~ reso~e~, ~d reasonable use of
proposes while reco~ ~d pro~g na~ mso~s from dcs~cfion.
Bec 14~K-I(A). ~e mom specie stated p~se cf re.long development on
steep slo~s is ~ m~ fl~, ~ds~des, mud~Edes, ~d eros~n, w~e
pres~g ~e sclc ch~ of hfl~e ~s..~ 14-6K-l(Q(1)(a)-[d). The
proposed cons~cfion of a 10-~t ap~ent b~l~g at 341 N.
~ve Is con~ to ea~ of the s~d p~poses of ~e Sensitive ~ea~
Orinoco,
~eers re.ed by concerned neighbors ad.sod ~t ~e ~a ~d
.ra~c have ~sto~c~ly ~od tn ~eas of about ~ce ac~cs. ~e ~te~fion cf
· is hism~ ~e by ~e co~s~cfion project ~ h~ve onslte ~d offsite
negafi~ impacts. No ~n~e ~sis ~s be~n cond~ted.
Moreover, ~ fo~dafion en~neer~ study (a geo~ch~ ~[s) is
needed ~o access ~e s~e~ ~ctor, which is a ~d~e ~ c~c~am
o~ ~e slope when ~ter~d ~ cons~cfion. The unstable f~ on p~ of ~e
prop~ ~s se~ ~d ~c~ ~c ~sib[e erosion linem The slope m~ bc
~ndeved complete~ ~mblc ~ ~e cons~c~n p~J~,
From ~ aes~efie point o[ view, ~e b~g ~a~ is proposed ~1 r~ac to
a great he.hr of ~e bl~ ~ ~ 8-[~ re~g ~ ~t ~ base ~d ~en a
one-s~ ~p~g l~vel~ ~d a 38.5.f~ s~c~e hous~g ~e ap~ents on
top ~ it ~, ~e b~u~ ~sm of ~e bluff above ~e Iowa ~ver ~l be ~areve~
~te~d,
Please vo~ ag~nst ~c proposed
Signature Address
JUL. ~. 200~ 2: O1PM SHUTTLEWORTH NO. 65? P. 1/8
S HU TTLEWORT HK-~N GE RS OLL, P.L.C.
ATTOI1. NSYS AT LAW ~ABLISHRD 1~
MAILING ADDRESS: P,O. BOX 2107 CEDAR ~FID$ IOWA, ~2406-2107
S~aZlT ADDRESS: 115 THIRD ~TR~T SE C~DAR ~AFIDS, IOWA ~2401
T~L~Pao~: (319) 365-9461 lAX: (319) 365-8725
WWW. S HUTTLEWO~THLAW, COM
FAC$IMILF, COV ER SHF,
J~y 2, ~002
Ci~ Clerk
~~: C~ OF IOWA C~
F~~ 319-356-5009
~: M~ ~tc~c
~.: ~ Coun~ mee~ ~s ~e~g, ~esday, J~y 2, 2002
~ OFI~AG~$: 7, pitts this cover sheet
I£you cio not receive this entire transmission, please call Marty Sutcliff¢ at (319) 365-
9461,
Please forward a copy of the attached to each member of the City Council prior
to the meeting this evening, Tuesday, July 2, 200~.. Thank you.
COt'Vg:IDENTIALITY/VOTIi~E: These doaumen~s contain confidential information which may be legally privileged, and Which is
intended only for the uae of the person(s) named above. If you are not the Intended recipient, you are hereby natltled that any
disclosure, copying, distribution, or taking any action In reliance on the contents, of this Informs§on is strictly prohibited, If you have
received this telecopy in error, please notify us by telephone immediately to armr~ge for the tatum of these documents to us.
JUh. 2.~002 ~:O1PM SHUTTLEWORTH M0.6~7 P.~8
S H U T T LEWO RTH,~-~[-N G E R S O L L, P.L.C.
ATTORNEYS AT LAW ~?ABLI~HED 185~
July 2, 2002
City Council Members '-.:; ;'~ ~--*
Iowa City Col.lncil c.~
410 E. Washhugton St.
Iowa City, IA 52240
RE: Rezoning of 341 N. Riverside Drive
Dear City Council Members:
Apehouse, L.C. has requested a rezoning to allow construction of a 10-
unit apartment building at 341 N. Riverside Drive, which is in a Sensitive Area,
as that is defined in the Iowa City Zoning Ordinance. A public hearing of the
Planning & Zoning Commission was held on this matter on May 16, 2002, and
was continued to June 6, 2002. On J~ne 20, 2002, another public hearing was
held by the Planning & ZonLng Commission, which voted to recommend
approval of the proposed project. A City Council public hearing on the Plarming
& Zoning Commission's recommendation of approval of the rezonin§ request of
Apehouse, L.C. for 341 N. Riverside Drive is currently set for July 2, 2002.
My /'mn represents Casey Mahon, a resident of the Manville Heights
neighborhood who has concerns regarding the proposed construction of a 10-
u_nit apartment building on the protected slopes along Riverside Drive. I will be
present at the July 2, 2002, meeting to address some of these concerns and
provide this letter to outline some of the issues that may not be discussed at
the City Council meeting due W time constraints.
MAILING ADDRESS: P.O. BOX 2107 C~DAR ItAPlD8. IOWA $2406-2107
JUL. 2. ~002 2: O~'PM SFIUTTLEFIORTH NO. 657 P. :3/8
SHUTTILEWORTH & INGERSOLl,, P,L.C.
Ci~ ~o~cfl M~bers
J~y 2, 2002
Page 2
Attached to tiffs letter is a list of ordinance violations and other
considerations that should be addressed by the City Council. The llst is given
as an attachment because the problems with this proposed project m-e too
numerous to discuss individually.
There are three major concerns w/th the proposed project that deserve
your special attention, The first major concern is that the Applicant has failed
to show that the slopes will remain stable if construction in the required buffer
zone around the protected slopes is allowed. The Sensitive Areas Ordinance
('SAO~) of the Iowa City Zoning Ordinance requires Apehouse, L,C, to show
that all hazards associated with building on the buffer zone will be eliminated.
The information provided by Apehouse's engineers was incorrect and based
upon faulty assumptions as to thc length of time needed for the land to absorb
rainfall
At the Planning & Zoning Commiss/on public hearing, Professor Frank
Weirich presented correct calculations on drainage and explained to the
Commission why the Applicant's calculations were incorrect. Professor We/rich
also showed photographs of flooding at the s/to after 1/3 of an inch of ra/nfall
and explained how construction of the proposed project would only exacerbate
flooding and erosion on the slopes and on Rivcrside Drive,
In addition to the fact that only faulty calculations have been provided by
Apehouse, there is no sol/d, factual infozi~ation as to whether the slopes will
reraaln stable after construction, Although soil boring results would reveal
whether thc slopes would remain stable, Apehouse chose not to conduct soft
boring tests.
Despite concerns about whether thc slopes will withstand construction of
the lO-unit apartment building, the Commission voted to recommend approval
of the project with soil boring tests W be conducted after the commencement of
construction. Not only has Apehouse failed to meet its burden of showing that
the slope will remain stable if construction is allowed on the buffer zone, as is
required by the SAO, the Commission recommends soil boring tests on stability
only after construction has started, when it may be too late to save the
protected slopes.
The City Engineer has volunteered to provide engineering s~ces
Apchouse to ensure proper drainage and the City has volunteered~[~iv~ma~
115 ~l'ltl~tl) S'rltzaT SI~, ~ul?li $00 P.O, Sox 2107 C~l:),*,!~ V,A~'lvs. IoWA $2406-2[/1.~ 'i ~o ~-,
JUL. 8. 2002 2: 08PM SHUTTLEWORTH MO. 6S?
SHUTTL2~WORTH & INGERSOLL, P,L.C. ~'~,
Ci~ Council Member~ ~
J~y 2, 2002
c~pi~ ~provemen~ ~ ~e ~s~g sewer ~nc ~d m cons~ct a s~er:~e
co~ect ~s project m ~e s~ sewer on ~vemide D~ve. ~hese s~ces
shoed be prodded ~ ~d p~d for ~ Apehouse. Bo~ of ~ese proposes ~e
~ ~propcr usc of ~ay~r do~s ~d r~e~ ~at ~e flood~, emsion~ ~d
muds~des ~at ~1 result ~om ~is pmjec~ ~e too l~ge for Apehousc ~one to
~. ~r ~ ~ve Apehouse propose ~at ~e Ci~ m~e capi~
~pmwm~nts for wh~h no f~ds have been ~loc~ted ~d ~ve ~e Ciw a~ee~
~e CiW shoed lo.ow ~e SAO ~d deny pe~ission to cons~ct ~e 10~it
ap~ent b~ding on ~is sensitive ~ea,
The second ~or concern is ~t ~ pmper~ is ~mply too s~ for
' project of ~is s~. Yo~ Iowa ~iW zon~g ord~ce req~s side y~ds of at
l~ast 7 feet, 5 feet for a one-sto~ bufl~g plus 2 ad~on~ feet for ~e~
~ddi~on~ s~o~, The plus pro.de for ~ fee~ side y~s, ~ ~ol~on of ~e
ord~ce, In addition, ~e App~c~t p~s to b~d a 38.5 feet t~ b~d~g.
The or~n~ces pro.de for a 35 f~ m~ b~g heist in ~s rune. ~h~
m~um heigh~ c~ be ~ended; howe~r, ~e ore.ce pro.des ~at
more heist ~at is added W ~e b~ng, ~e ~ger ~c sid~ y~ds need to be.
In ~s case, 2 ~on~ fee~ of side y~s wo~d be ~q~rcd if ~e heist
~ended to 38.5 feet. Wi~ ~e ~difion~ req~d side y~d, ~e projec~ wo~d
need side y~ds of 9 feet, T~s space does not ~st. The 6 feet side
prodded ~ ~e c~cn~ plus ex. nd ~ ~c bound~ ~e of ~c prope~. The
lot is too n~row for cons~c~on of a b~ld~g of ~i~ s~e, ~d ~1o~
cons~cfion of ~is build~g on ~is lo~ ~olates s~er~ provisions of ~e ciw
ord~ces.
· he ~ major concern is perhaps ~e most ~po~t. ~a prope~
has been desisted as a sensitive ~a, subject ~o ~e Sensi~ve ~eas
O~ce. Due to ~e restively recent adoption of ~s o~ce, it i~
~der~d~ ~d beef ~at ~e CiW has had H~e experience ~
requests ~der ~ Senai~ve ~s Or~ce. For ~s reason~ ~e
requ~m~n~ of ~e SAO shoed have be~n lo,owed ~d ~e r~ning shoed
have received speci~ atten~on from ~e Pl~g & Zo~ Co--salon. Until
my c~nt r~sed v~d concerns about ~e project, ~e Pl~n~S & Zon~g
Co--salon had placed ~is request for rezoning on ~ e~edited schedule.
M~y of ~e req~cments of ~e SAO were w~ved or ~ored, such as ~e soft
bo~g ~sts no~ed shove, info~a~on mq~red on ~te plus, proper notice
~e nei~bo~g residents, ~d proof of ~e smbi~W of ~e slopes. ~ of
requirements ~re ~vcn ~dequate ~tt~n~on by ~e Plying &
] I$ T~i~D S~T S~, SUi~ S00 P.O. Box 2107 C~A~ R~Pins, low~ ~2406-2107
,TUL. -'. -'~,' -': ~,'P~q 51-1U I/LLNUh(/H H0 ;6~-~ P. 5/8
SHUTTL~WOI~.TH ~. ][NG~.$OLL~
City Co~u~ofl Members
J~ly 2, 2002
Page 4
Corem/salon. Although several changes have been made in response to the
complaints of the neighbors, the fact rema/ns that this project st/Il vio~tes the
SAO in several important ways, as is noted on the attachment to this letter.
Because rezoning requests Under the SAO ar~ infrequent, the handling of th/s
project is seVdng a dangerous precedent for future cases involving
developments on sensitive areas. The requirements of the SAO were placed/n
the ord/nance for a reason, and if the City Council agrees w/th the Plann/n§ &
Zoning Commission to waive the substan~ve requ/rements of the SAO, future
developers will expect the same treatment. The City of Iowa City relies upon its
City Counc/l to safeguard the rights of its citizens and to enforce the
ord/nances and the SAO equally upon all developers.
Because this project violates the SAO and other city ordinances, we
respect, fully request that the City Col~ncfl deny the rezoning request.
Very truly yours,
Williara P. Prowell
Enclosure
SUITS S00 P,O, Box 2107 CED~It P-APID5, IOWA $2406,2107
JUL. 2.2002 2:0~RM 8HUTTLEWORTH NO.~$? ~.~/8
Notice:
The s~reet address is incorrect on the site plan, development plan, and notice
to residents, According to thc City Assessor, the address should be 330
Ridgeland Avenue, and 341 North Riverside Drive does not exist,
The original notice sent to residents within $00 feet of the proposed project was
m/sleading in that it stated that the project involved thc "conservation" of a 10-
unit apm'U,ent building rather than the construction of a new building.
The notice to residents within 300 feet lists the owner of Lot 5 as Richard J.
and Toni 'Wagner" of 1117 College St., Iowa City, Iowa 52240. Information
obtained from Security Abstract of Iowa City indicates that the owner of Lot 5
is Richard J, and Toni "Wayne" of ii10 Kirkwood Avenue, Iowa City, Iowa
52240,
Intent and Purpose:
The proposed project violates the intent and purposes of Sensitive Areas
Ordinance, 14-6K-l(I)(1)(a)-(d), by creating flooding, erosion, and mudslides,
fa~!~ng to create open space, and by failing to maintain the natural slope.
The proposed project violates the intent and purposes of the Comprehensive
Plan by failing to create open spaces in town and by creating floodin§ and
eroalon.
The proposed project does not provide for an open space area, wh/ch is highly
encouraged by 14-SJ-2D(3)(i) and14-6K-1{N)(3){i). In fact, the proposed project
will fill in one of the fcw remaining open spaces along the slopes.
When applying the guidelines of the Sensitive Areas Ordinance, the City will
weigh the specific circumstances surrounding each appl/cation, and strive for
development solutions that best promote the spirit, intent, and purpose of the
Sensitive Arcas Ordinance. 14-5K-l{N)(O){a). This project does not best promote
the spirit of the Ordinance, which is to preserve the slopes in their natural
state,
Drainage/~lope:
The proposed project, which will rcqu/re construction in the buffer zones
required by the statute, -~,"~ . _ _t ~. .... ~ ....... ~ ~_.
building in the buffer, such as flooding or erosion, as required by 14-6K-
lfQ(C)(3).
Although the burden is on the Applicant to show that the hazards c ~r~ted
construction on the buffer zone will be eliminated, the Applican~ n?
SUL. ~.~00~ ~:03P~ SHUTTLENORTH N0.657 P.?/8
conduct soil borin$ tests and the Planning & Zoning Commission recommends
approval of soil boring tests ~ter construction has commenced. Not only has
the Applicant failed to show that the protected slopes will remain stable if
construction is allowed, t_he tests that could show whether the slopes will
remain stable will not be conducted under the Commission's recommendation
until after construction has started, when it may be too late to save the slopes.
The Applicant provided the Planning & Zoning Commission with calculations
based on incorrect assumptions on the amount of t/me that would need to
elapse before rainfall would be absorbed. The erroneous calculations were
pointed out to the Planning & Zoning Commission by Professor Weirich prior to
the Commission's recommendation, and the Applicant failed to provide
corrected calculations to thc Commission. Calculations using correct
assumptions as shown by thc history of the area reveal that the project will
lead to flooding, erosion, and possibly rnudslldes,
While some modifications to the development guidelines are allowed, they are
not allowed if the modification will result in danger to public health, safety, or
welfare by preventing access for emergency vehicles, by inhibiting the provision
of public services, by depriving adjoining properties of adequate light and air,
or by violating the purposes for and intent of the Ordinance. 14-6K-
l(N)(2)(b}(4). The flooding and erosion that will result if the modifications to the
development guidelines are allowed will result in danger to pedestrians and
motorists and will deprive adjoining properties of adequate light and air. As
was noted above, the project also violates the purposes for and intent of the
Ordinance.
The proposed use affects the capacity or conveyance of the ex/sting channel or
floodway to the drainage facility or system, in violation of 14-6K-2(G)(1)(i). As
was noted by Professor Weirich before the Planning and Zoning Commission,
the proposed project will cut off the natural drainage path for a 3-acre area and
increase thc flow down the slope.
Side yard, Height, and Constrtmtion A~ea:
The 6' side yard provided for in the plans must be 7' under the
because the project is a two-story building. 14-6D-9(E)(5){b).
The height of the proposed project should be
by 14-6D-9(E)(6)(a). The Planning and Zoning Commission has re'retarded
that the Council agree to the increased height, but did not addresS°the
additional 2' of front, side, and rear yards requ/red by 14-6Q-5(B) when the
maximum height of a building is increased. Additionally, the extra 9., of side
yards does not exist, as the property is too narrow to meet the regular side yard
requirements, let alone thc increased side yard requirements for a taller
building,
JUL. 2.2002 2:03PM SHUTTLEWORTH MO.6~? P.8/8
The grading plan allows for grading and excavation outside the construct/on
area and allows grading and excavation on critical and steep slopes, both of
wh/ch are discouraged by 14-6K-l(I)(4)(b).
Perform-,~ce Bond:
In th/s highly contested construction project in a protected sensitive area, the
Applicant has not given the performance bond as provided hu 14-5I-6(A).
A performance bond to ensure completion of improvements has not been given
by the Applicant, even though thc Appl/cants w/ll be requ/red to make several
improvements and drainage is listed in the Ordinance as one hnprovement that
should rcquh-c a performance bond, 14- 5H- 10,
Aesthetics:
The purpose of the Sensit./ve Areas Ordinance is to mainta/n sensitive areas
a state as close to nature as posaible while allowing reasonable construct/on.
This purpose of m~duta!ning the natural slopes has been i~nored in this
project. The retail/n§ wall in the proposed plans will cut off the sight 1/ne, The
ex~endcd hei~,ht of the proposed b~/Id/n§ will ftlrther block the sight linc.
Unsightly rip-wrap wil! be necessary on the slopes to stop the /ncvitable
flooding that will result from the constrtlction of t/lo bulld/ng. The purpose of
the Ordinance is to ma/ntain the natmu'al appearance of Iowa City, and
aesthetics should matter,
Cost of Necessary Improvements:
Thc Ci~ Engineer has volun~ered his time to make s~tr¢ that the drainage
calculations are correct and that no flooding w/ll result from the project.
Because the Ord/nance puts the burden on the Applicant to show th/s
information, it is inappropriate for the City En~//neer to do this en~neerin§
work for the Applicant at no cost, Allow/n§ the City En~_ueer to perform this
favor also sets a dangerous precedent for f~re projects where developers may
demand equal ~reahuent.
Further, the City has proposed to £~x the sewer on P, idgeland Avenue and bu/ld
sewer lines connecting the proposed hu/ld/ng to the existing storm sewer on
Riverside Dr/w. The Ci f has not required Applicant to pay the costs of
these capital/mprovcmcnt~, which will benefit only the Applicallt, Additionally,
there has been no stipulation by the Commission that the necessary capital
hnprovemcnts must be made pr/or to the commencement of construct/on.
Should the City fall to allocate funds for these projects, the Applic~ould :,be
free to be~in cons/r~ction regardless of the flood/ng and erosion ~ wSt~ld
result.
Marian Karr
From: Jensen, Chris S [chris-jensen@uiowa,edu]
Sent: Tuesday, July 02, 2002 12:34 PM
To: 'cou ncil@iowa-city.org'
Subject: Rezoning request 341 Riverside Drive
To the members of the City Council:
My name is Chris Jensen and I live at 225 River St. I am writing to express
concern about the proposed rezoning of
the property at 341 Riverside Drive which is before the council tonight. I
would ask the council to seriously consider
the impact of this project on the steep slopes present on this property. In
addition, I hope the council will consider
not only the implications of this project, but also the precedent set by
this project for future development on similar
properties along both river bluffs especially in terms of the height of
development in this scenic area.
Again thank you for your consideration of this matter.
Sincerely,
Chris S. Jensen
PUBLIC HEARING NOTICE
The City Council will be hotding a public
hearing on amending the FY02 and FY03
Annual Action Plan budgets on July 2, 2002,
at 7:00 p.m., Civic Center, Emma Harvat
Chambers, 410 East Washington Street,
Iowa City, IA.
The City of Iowa City has available for public
review and dissemination the FY02 and FY03
Annual Action Plan budgets, as amended, for
the use of Community Development Block
Grant (CDBG) and HOME Investment
Partnership Program (HOME) funds.
The Annual Action Plan budgets list the
federally funded activities to be undertaken
by the City and its recipients during the 2003
fiscal year (July 1, 2002 to June 30, 2003).
In addition, the FY02 budget contains
amendments recommended by the Housing
and Community Development Commission.
Copies of the FY02 and FY03 Annual Action
Plan budgets, as amended, are available to
the public at the Department of Planning and
Community Development, 410 East
Washington Street.
Additional information is available from the
Department of Planning and Community
Development, 410 East Washington Street,
Iowa City, iowa, 52240 or by calling 356-
5230. If you are in need of special
accommodations please contact Steve Long,
Community Development Division at 356-
5250 or 356-5493 TDD.
Prepared by: Steve Nasby, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO.
A RESOLUTION ADOPTING IOWA CITY'S AMENDED FY02 AND FY03 ANNUAL ACTION
PLAN BUDGETS, THAT ARE PARTS OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN
(CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL
NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF
EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City
of Iowa City, Iowa, to prepare and submit Annual Action Plans as part of the City's Consolidated
Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with
housing, jobs and services; and
WHEREAS, the Iowa City Housing and Community Development Commission held meetings
on May 16, 2002, May 29, 2002 and June 13, 2002, regarding the use of federal Community
Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for fiscal
years 2002 and 2003; and
WHEREAS, the City has disseminated information, received public input and held a public
hearing on the Amended budgets for the FY02 and FY03 Annual Action Plans; and
WHEREAS, the Amended budgets for the FY02 and FY03 Annual Action Plans contain the
allocation of CDBG and HOME funds attached hereto as Exhibit A and Exhibit B; and
WHEREAS, adoption of the Amended budgets for the FY02 and FY03 Annual Action Plans is
required by the U.S. Department of Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the
Amended budgets for the FY02 and FY03 Annual Action Plans and authorizes their submission
to the U.S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City of Iowa City Amended budgets for the FY02 and FY03 Annual Action Plans,
filed in the office of the City Clerk, be and the same is hereby approved and adopted.
2. The City Manager of Iowa City is hereby authorized and directed to submit the City of
Iowa City Amended FY02 and FY03 Annual Action Plans to the U.S. Department of
Housing and Urban Development, and is further authorized and directed to provide all
the necessary certifications required by the U.S. Department of Housing and Urban
Development in connection with said Plans.
Resolution No.
Page 2
3. The City Manager is hereby designated as the Chief Executive Officer and authorized to
act on behalf of the City of Iowa City in connection with the City of Iowa City Amended
FY02 and FY03 Annual Action Plans.
Passed and approved this day of ., 20
MAYOR
Approved by
. /
ATTEST: .. ~.,~_?..~ ,. z~'-~.2.
CITY CLERK City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
ppdcdbg/res/cltystepsamended.doc
Resolution No.
Page 3
Exhibit A
FY02
CDBG AND HOME FUND:[NGf AS AMENDED
Council (5/1/01) Amended
Approved Budqet
ECONOMIC DEVELOPMENT PROJECTS
Micro-Enterprise Start up - Extend the Dream Foundation $105,000 $106,750
Micro-Enterprise Start up - Ruby's Pearl $ 20,000 $ 20,000
Subtotal $125,000 $126,750
PUBLIC SERV]~CE PROJECTS (FY02 Statutory Cap $158,000)
Furniture Project- Domestic Violence ]ntervention Program $ 13,500 $ 13,500
Shelter Coordinator- Emergency Housing Project $ 25,000 $ 25,000
Consumer Credit Counseling - Family Services $ 4,925 $ 4,925
Minority Women's Health initiative - Eagles Flight, Inc. $ 9,575 $ 9,575
Aid to Agencies $105,000 $105,000
Subtotal $158,000 $158,000
PUBLIC FACZLIT[ES PROJECTS
Facility Rehabilitation - Neighborhood Centers of 3ohnson Co. $ 23,975 $ 23,975
Facility Acquisition - Pathways Adult Day Care $ 300,000 $300,000
Facility Rehabilitation - Hillcrest Family Services $ 8,167 $ 8,167
Facility Rehabilitation - Emergency Housing Project $ 1,410 $ 1,410
Subtotal $333,552 $333,552
HOUSZNG PROJECTS
Affordable Rental Units - Greater Iowa City Housing Ferlowship $623,467 $623,467
Student Built House - Greater Iowa City Housing Fellowship $ 30,000 $24,881
Affordable Rental Units - Metro Plains Development $250,000 $ 0
Small Repair Program: Elder Services, Inc. $ 40,000 $ 40,000
Land Acquisition - Habitat for Humanity $ 59,981 $68,481
Deposit Assistance Program - Emergency Housing Project $ 5,000 $ 5,000
Housing Rehabilitation: City of Iowa City $200,000 $200~000
Subtotal $1,208,448 $961,829
ADMINISTRATION
HOME Program Administration $ 71,600 $ 71,600
CDBG Program Administration and Planning $170,000 $170,000
Contingency\U n programmed $_ 0 $255,119
Subtotal $241,600 $496,71 g
TOTAL $2,066,600 $2,076,850
Resolution No.
Page 4
Exhibit B
FY03
CDBG AND HOME FUNDZNGf AS AMENDED
Council (517102) Amended
Approved Budget
ECONOMIC DEVELOPMENT PROJECTS
Economic Development Fund - City of Iowa City 9 147,900 9 147,900
Subtotal $147,900 $147,900
PUBLIC FACILITIES PROJECTS
Facility Rehabilitation - Neighborhood Centers of Johnson Co. $ 34,490 $ 34,490
Facility Acquisition - United Action for Youth $225,000 $225,000
Food Bank Warehouse - Crisis Center $112,510 $112,510
Facility Rehabilitation -Wesley Foundation 9 39,000 9 39,000
Subtotal $411,000 $411,000
PUBLIC SERVICE PROJECTS
Furniture Project- Domestic Violence Intervention Program $ 4,500 $ 4,500
Case Management- Iowa City Free Medical Clinic $ 18,000 $ 18,000
Shelter Coordinator- Emergency Housing Project $ 18,000 $ 18,000
Aid to Agencies $105,000 9105,000
Subtotal $145,500 $145,500
HOUSING PROJECTS
Affordable Homeownership - Greater ~owa City Housing Fellowship $102,000 $102,000
Affordable Rental Units-Garden Prairie $301,200 $500,000
Transitional Housing - Hawkeye Area Community Action Program $144,000 $144,000
Small Repair Program: Elder Services, Inc. $ 40,000 $ 40,000
Property Acquisition - Hawkeye Area Community Action Program $ 34,400 $ 34,400
Deposit Assistance Program- Emergency Housing Project $ 5,000 $ 5,000
Housing Rehabilitation: City of Iowa City 9200,000 9200,000
Subtotal $928,600 $1,025,400
ADMINISTRATION AND PLANNING
HOME Program Administration $ 71,400 $ 71,400
CDBG Program Administration and Planning $170,600 $170,600
Contingency\Unprogrammed 9 0 $ 56,319
Subtotal $242,000 $298,319
TOTAL $1,773,000 $2,028,119'
*Includes unprogrammed funds from FY02
City of Iowa City
MEMORANDUM
DATE: .lune 24, 2002
TO: City Council and City Manager o~'~rd~ ~'7
FROM: Steven Nasby, Community and Economic Development Co tor 7~'
RE: FY02 and FY03 Amendments to Iowa City's Annual Action Plans
On .luly 2, the City Council wili be holding a public hearing on proposed amendments to
Iowa City's FY02 and FY03 Annual Action Plan budgets. These budgets were used to
allocate the Community Development Block Grant {CDBG) and HOME Investment
Partnership program (HOME) funds.
In May, the Housing and Community Development Commission (HCDC) received several
requests for amending these budgets. On .lune 13 HCDC voted to recommend the
budget amendments as shown in the resolution included in this packet. The items in
bold indicate a change.
The following is a brief description of each of the FY02 and FY03 budget amendments.
FY02 Budget Amendments
· Extend the Dream Foundation - UDtown Bills Small Mall - an additional
$1,750 was allocated to this project for the installation of automatic door
openers. This cost overrun was administratively approved (as per CiTY
STEPS).
· Greater l'owa City Housing Fellowship (GICHF) - Student Built House - this
project came in under budget due to lower land costs. As such, the project
budget was reduced by $5,119.
· MetroPlains - Longfellow Hanor - the project had applied for Low Income
Housing Tax Credits (LIHTC) from the State of Iowa for 24 units of
affordable, family rental units. The 2002 LIHTC application was unsuccessful
and HCDC recommended the $250,000 of HOME funds allocated to this
project be recaptured and reprogrammed for FY03.
· Habitat for Humanity - Land Acquisition - Habitat for Humanity located and
purchased four lots for the construction of homes. Due to higher land costs,
an additional $8,500 was allocated to this project and administratively
approved (as per CTTY STEPS).
· Contingency - The funds recaptured from the GICHF and MetroPlains'
projects were placed into contingency. The following FY03 budget
amendments allocate the majority of these funds.
June 24, 2002
Page 2
FY03 Budget Amendments
· Burns & Burns -- Garden Prairie LP - this project was allocated $301,200 in
FY03 HOME funds for the construction of five duplexes (10 units) for
affordable, family rental housing. HCDC has recommended that this
allocation be increased to $500,000 which was the amount requested by
Burns & Burns for this project.
· Contingency- the remaining balance of HOME funds of $56,319. These
funds may be used for any HOME eligible activity.
The Council is scheduled to vote on the proposed FY02 and FY03 budget amendments
at the July 16 meeting.
!f you have questions about the proposed budget amendments or need additional
information regarding the projects please contact me at 356-5248. T will also be present
at the July 2 public hearing to answer questions. After the public hearing ! will be out of
the office through July 23. During my absence, please contact Steve Long, Associate
Planner at 356-5250 with questions or requests for additional information.
~06/24/02 8?:43 METROPLRINS DEVELOPMENT ~ +~19356500~ N0,521 P002/002
Fl! 'I / IETROPLAINS
June 24, 2002
HETROPLAIN$ DEVELOPMENT LLC
410 E W~hin~on St.
Iowa City, ~ 52240-1826
As you ~ow we r~ue~ S300,000 for 30 units of family affordable housing and were a~d~.
$250,~ of 2002 HO~ ~nds for our Vill~e ~ Development. At the I~t moment prior to
submi~ing the appli~tion for 2001 housi~ ~ cr~its we !o~ site mattel ~ ~other develop~
who bou~t ~1 of the land at Village ~n m ~at ~ordable housing would not be built in th~
~bdivision. We were ~ss~l in finding mo~ site a ~n~eIIow Manor for 24 u~ts of
fmily housi~ developm~t. The Housing and Co~udty Development Co~ission
suppo~ o~ ~quest to tr~sf~ the ~nds from Village ~n m ~n~eliow Manor for Housing
T~ Credit appli~tlon for 2002. W* w~e not a~ded 2002 Hou~ng T~ C~its b~se of
mine of the diffi~lty ~th under~ding of the site. We have h~ serial memings ~th Iowa
Finance ~tho~ty along with Iowa Dep~ment ofE~no~c D~elopm~t ~d ~ve been
~,oumged to resubmit for 2003.
Finding land ~ b~n a key element in t~ing to develop affordable housing in your ~ommu~ty.
This h~ leR us ~th a decision to m~c regarding thc puroh~e option that we have for the ten
duplex lots ~ two units with West Libe~y Ba~. We have t6ed to e~end ~e put,se option
for ~other ye~ howler the Ba~ has declined t~s r~uest sinve there is ~other buyer if we
should fail to complete our purch~e agreement. We ~e requked to clo~ by July 1, 2002 in
order ~ not lose our subs~tial deposit of~st money.
We ~e requiting ~om City ~uncil thru the $250,000 that ~ o~gind aw~d~ to t~s
development stay with ~n~ellow Manor. ~ngfellow Manor m~ for a ~mng pmpo~ for
the following r~ons:
Site mst is $17,000 a unit, $34,000 a lot.
We have site
Total m~ per u~t is less t~n $135,000 a unit,
~t location ~d neighborh~d.
We will be attending July 2
developing affo~able ~mily housing in your ~mmuni~ and the Housing and Commuffi~
Development Commission ~d the Ci~ Council for its support ~r o~ propos~ development.
nne ~ Kelsey
Cc: Stye ~ng
BURNS & BURNS, L.C.
319 EAST WASHINGTON STREET, SUITE 111
P.O. BOX 1226
IOWA CITY, IOWA 52244
319-338-7600
FAX 319-337-2430
May 16, 2002
C~..,,~is~.iof~ Members
c/o Rick House, Chairman
Housing and Community Development Commission
410 E. Washington Street
Iowa City. Iowa 52240
RE: Request for Funds
Dear Commission Members,
We respectfully request the opportunity to utilize FY02 funds that were previously
awarded to other applicants who are not able to proceed as planned.
One of those applicants is MetroPlains. It was clearly stated at the time that FY02 HOME
funds were awarded that any applicant who intended to utilize Low Income Housing Tax
Credits (LIHTC) must be successful in the round immediately following the FY02 award or
they would be required to return their City HOME award.
As you may recall, MetroPlains was permitted to keep their City HOME funds after they
failed to apply for LIHTC in June of 2001. MetroPlains then applied for LIHTC in January
2002. The Iowa Finance Authority disqualified MetroPlains from the 2002 LIHTC
application round for outstanding non-corrected LIHTC compliance issues with existing
projects and for State HOME issues.
We learned that MetroPlains appealed the 10wa Finance Authority's decision in March
2002. Since that time the Executive Director of the Iowa Finance Authority has held a
hearing on the MetroPlains appeal and has denied it.
Therefore, we request an opportunity to utilize the $250,000 in funds previously awarded
to MetroPlains. We would like to utilize these funds to cover construction cost overruns
that occurred on Lexington Place and for purchasing additional lots for the Garden Prairie
family duplex project.
Lexington Place was funded with City HOME funds in FY01. The construction cost
overruns include the cost associated with revised plans and increased cost associated with
ARCHITECTS * REAL ESTATE DEVELOPERS · PROPERTY MANAGERS
Page 2
HCDC
Z~ay 16, 2002
the inability of the City to locate an existing City water main on the project site. Also,
additional cost overruns occurred from an increase in Davis-Bacon wage requirements.
We also would like to utilize the funding to secure more duplex lots throughout the city for
the FY03 Garden Prairie project. This project was not fully funded and it will provide an
opportunity for additional affordable family housing, similar to that proposed by
MetroPlains. Providing these funds to the Garden Prairie project would help soften the loss
the City has incurred due to the unfortunate disqualification of the MetroPlains project.
Garden Prairie will be applying for FY03 LIHTC in November, 2002, well before the next
cycle of City HOME. FY03 LIHTC will be awarded in March, 2003, before the next City
HOME awards. In order to expeditiously foster development of affordable rental housing
for large families, Garden Prairie is standing ready to proceed immediately on July 1,2002,
and will welcome full funding of its recent application just as all other HOME housing
applicants for FY03 have f~c~;ved.
Thank you for your consideration. If you have any questions or are in need of further
information, please do not hesitate to contact us.
Sincerely yours,
BURNS & BURNS, L.C.
Robert P. Burns, Manager
ARCHITECTS · REAL ESTATE DEVELOPERS · PROPERTY MANAGERS
Greater Iowa City Housing Fellowship
opening the doors of Iowa City
1700 South First Avenue
Suite 25B
Iowa City, IA 52240
(319) 358-9212
May 28, 2002
Rick House, Chair
Housing and Community Development Commission
City of Iowa Civic Center
410 East Washington Street
Iowa City, IA 52240
RE: Re-allocation of FY02 City HOME funds
Dear Mr. House and Commissioners:
I am writing to express my support of the request by Bums & Burns, LC to allocate
$250,000 of FY02 City HOME funds to Lexington Place and Garden Prairie for the
development of affordable housing. The funds were previously allocated to Metro Plains
to develop affordable family housing. Metro Plains has not been able to secure all
sources of financing to complete the project.
It is my understanding that the request from Burns and Bums LC complies with your
policies and that the $250,000 would not need to be re-allocated through an RFP process.
You have been understanding of the situation regarding the financing of the Metro Plains
project and have accommodated their requests even though they have been unable to
secure the financing for their project.
It is also my understanding that the allocation to Lexington Place and Garden Prairie
would ensure the financial feasibility of the Lexington Place project and would expedite
the Garden Prairie project. As an advocate for affordable housing in our community, I
believe that allocating the funds to Bums and Bums, LC will result in an increase in the
number of affordable rental units in a timelier manner than once again extending the
request fi'om Metro Plains.
Thank you for your consideration of the request from Bums and Bums.
Sincerely,
Ma~,ann Dennis
Executive Director
Cc Bob Bums
¢ Page 1 of 1
Marian
Karr
From: Margaret Teraberry Halverson [mteraberryhalverson@msn.com]
Sent: Monday, July 01, 2002 10:20 AM
To: council@iowa-city.org
Cc: czshaw@aol.com; wilkma201@aol.com
Subject: Longfellow Manor
Dear Council Members:
I have been out of town the past week and upon return I've learned that the Council will be addressing the reallocation of
Community Development Block Grant funds at the July 2 meeting of the Council. I will be working on Tuesday evening
and therefore am unable to attend that meeting.
J want to reiterate what was said in Catherine Shaw's correspondence to you {her email of Thursday, 6/27/02). I concur
with her comments and expressed concerns.
Those of us who live here now were led to believe that the Longfellow Manor Association would be completed under the
guidelines of the established Covenants. We are eager to see the completion of our subdivision, but we are concerned
that it be completed in compliance with the covenants established for its construction.
Thank you for your consideration.
Sincerely,
Margaret Teraberry Halverson, Home Owner
Board Member and Treasurer, Longfellow Manor Home Owners Subdivision Association
mteraberryhalverson@msn.com
7/1/02
Page 1 of 1
?
Marian Karr ~': iv
From: Czshaw@aol.com
Sent: Thursday, June 27, 2002 9:19 PM
To: council@iowa-city.org
Cc: mteraberryhalverson@msn.com
Subject: Longfellow Manor
Dear Council Member:
The residents of Longfellow Manor would like to express their interest in the issue being discussed at the July 2 City
Council meeting concerning the reallocation of Community Development Block Grant funds and how that may effect the
development of the remaining lots in Longfellow Manor. We would like you to be aware of our desire that the housing in
which a developer may consider building in Longfellow Manor has a positive effect on our property values as well as on
our neighborhood.
Further, we would like to express our concern that the developer of the remaining lots, whom ever it becomes,
understands that we are interested in a working relationship, which includes an open dialogue with them and our
Association Board. Additionally, we want to be sure the developer is in compliance with the legal documents that govern
the development of Longfellow Manor. As an example, the Longfellow Manor covenants state minimum square footage of
dwellings as well as design approval as being in harmony with existing structures by the Association Board.
The residents of Longfellow manor are eager to see the completion of the subdivision. It is our hope that you are mindful
of our concerns when making decisions that may have an effect on the development of Longfellow Manor. Thank you for
this consideration.
Respectfully,
Catherine Shaw, Board Member
Longfellow Manor Home Owners Subdivision Association
6/28/02
Page 1 of 1
Marian Karr ~
From: Wilkma201 @aol.com
Sent: Monday, July 01, 2002 2:22 PM
To: cou ncil@lowa-city.org
Subject: Longfellow Manor
Dear Council Member;
It has come to the attention of the Longfellow Manor homeowners that the remaining lots in this subdivision have been
purchased by one developer and that this issue will come before the City Council at the July 2 meeting. We are an area
of homeowners who are very proud of our homes, proud to live in Iowa City and proud to be part of the larger Longfellow
Neighborhood Association. It is a lovely area in which to live.
That is why we are hoping to work with the new developer in establishing homes for new residents that have a positive
effect on the property values of the homes already here. Many of the present homeowners are retired people who worry
that the new building changes will effect their living conditions and the atmosphere that presently exists.
My fellow homeowner neighbors are pleased that the subdivision will finally be completed and look forward to working
with the new builder. With your support we hope to develop a plan for new housing in Longfellow Manor which works out
well for all involved. Thank you for your time and consideration.
Respectfully,
Marianne WIIkening
812 Longfellow Place
Iowa City, Iowa 52240
7/1/02
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City, Iowa,
at 7:00 p.m., on the 2'd day of July, 2002, in the
Civic Center, Emma J. Harvat Hall, 410 E.
Washington Street, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk;
at which hearing the Council will consider:
1. AN ORDINANCE AMENDING AND
ADOPTING THE 2000 EDITION OF THE
INTERNATIONAL BUILDING CODE AND
INTERNATIONAL RESIDENTIAL CODE AS
THE IOWA CITY BUILDING CODE.
2. AN ORDINANCE AMENDING AND
ADOPTING THE 2000 EDITION OF THE
INTERNATIONAL FIRE CODE AS THE
IOWA CITY FIRE CODE.
3. AN ORDINANCE AMENDING AND
ADOPTING THE 2000 EDITION OF THE
UNIFORM PLUMBING CODE AS THE IOWA
CITY PLUMBING CODE.
4. AN ORDINANCE ADOPTING THE 2000
EDITION OF THE INTERNATIONAL
MECHANICAL CODE TO BE KNOWN AS
THE IOWA CITY MECHANICAL CODE.
5. AN ORDINANCE AMENDING TITLE 14,
CHAPTER 5 OF THE CITY CODE BY
ADDING A NEW ARTICLE L. LICENSING
TO ESTABLISH A PROCEDURE FOR
LICENSING OF ALL PLUMBERS,
ELECTRICIANS, FIRE ALARM
INSTALLERS, FIRE SPRINKLER
INSTALLERS, AND FIRE SPRINKLER
MAINTENANCE CONTRACTORS.
6. AN ORDINANCE AMENDING TITLE 14,
CHAPTER 5 OF THE CITY CODE BY
ADDING A NEW ARTICLE M. APPEALS TO
ESTABLISH A UNIFORM PROCEDURE
FOR APPEALS OF THE BUILDING,
ELECTRICAL, PLUMBING, MECHANICAL,
AND FIRE CODES.
Copies of the proposed ordinances are on file
for public examination in the office of the City
Clerk, Civic Center, 410 E. Washington St., Iowa
City, 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
hisbldg/codesnph.doc
Prepared by: Tim Hermes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE A, BUILDING CODE, BY
ADOPTING THE INTERNATIONAL BUILDING CODE, 2000 EDITION, AND THE INTERNATIONAL
RESIDENTIAL BUILDING CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2000
EDITION, PUBLISHED IN COOPERATION WITH THE INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS, BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL,
INC., AND THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., 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 I. PURPOSE. The purpose of this ordinance is to adopt the 2000 Edition of the International Building
Code and International Residential Code as published by the International Conference of Building Officials, Building
Officials and Code Administrators international, Inc., and The Southern building Code Congress International, Inc.,
and to provide for certain amendments thereof; and 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. Sections 14-5A-1, 14-5A-2, and 14-5A-3 of the Iowa City Code are hereby repealed and the following
new Sections 14-5A-1, 14-5A-2, and 14-5A-3 are enacted in lieu thereof.
14-5A-1: Code Adopted: Subject to the following amendments, the 2000 edition of the International Building
Code (IBC) and 2000 Edition of the International Residential Code (iRC) are hereby adopted and shall be known as
the iowa City Building Code or the Building Code. Interpretations of the Building Official may be guided by the
Application Guides, the IBC Handbook or the Guidelines for the Rehabilitation of Existing Buildings.
14-5A-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to be the
minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any
higher standards in the state statute or City ordinance shall be applicable.
14-5A-3: Amendments to Code: The following sections of the 2000 edition of the International Building
Code and 2000 edition of the International Residential Code are amended as follows:
A. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu
thereof the following:
105.2 Work Exempt from Permit. A permit shall not be required for the following:
Building
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 in height.
3. Movable cases, counters and partitions not over five (5) feet nine (9) inches high.
4. Retaining walls which are not over four (4) 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.
5. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and
if the ratio of height to diameter or width does not exceed two-to-one (2:1).
Stoops, walks and driveways not over thirty (30) inches above grade which do not extend over any basement
or story below.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater sets and scenery.
9. Window awnings supported by an exterior wall when projecting not more than fifty-four (54) inches.
lQ Pre-fabricated swimming pools in which the pool wails are entirely above the adjacent grade if the capacity
does not exceed five thousand (5,000) gallons and is less than eighteen (18) inches in depth.
11. For structures regulated by the iRC the reapplication of shingles and roof sheathing provided less than 50%
of the sheathing is replaced and other structural alterations are not required.
12. For structures regulated by the IRC reapplication of siding and windows provided:
a. Window opening sizes are not altered and conforming rescue and escape windows are present in all
sleeping rooms.
b. Properly is not located in the Historic Preservation Overlay Zone, or a Conservation District Overlay Zone,
or is not an Iowa City Historic Landmark.
Ordinance No.
Page 2
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 a manner in violation of the provisions of this Code or any other laws or
ordinances of this jurisdiction.
B. Section 105.5 of both the IBC and IRC. Modify Section 105.2 of both the IBC and IRC by adding a sentence
to the end as follows:
In no case shall the permit be effective unless the work covered by the permit is completed within 24
months of the date on which the original permit was issued.
C. Section 105.9 of both the IBC and IRC. Add two new Sections 105.9 and 105.9.1 to the IBC and R105.9 and
R105.9.1 to the IRC as follows:
105,9 Demolition permits required. A demolition permit shall be required as follows:
1. For the removal of any building or structure.
2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers,
chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District Overlay
Zone, or is an Iowa City Historic Landmark.
105.9.1 Requirements. 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 (7) 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 Zoning Ordinance and having no historic significance
and dangerous buildings shall be exempt from said notice and waiting requirement.
D. Section 107.3 of both the IBC and IRC. Amend Section 107.3 of both the IBC and IRC as follows:
107.3 Temporary power:
Replace the words" ICC Electric Code" with Iowa City Electric Code.
E. Section 108.2 of both the IBC and IRC. Delete Section 108.2 in the IBC and IRC and insert in lieu thereof the
following:
108.2 Permit Fees and Valuations. The fee for any 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 plan 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, and other permanent equipment.
The value to be used in computing the value of construction for reports shall be the total value of all construction
work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, site grading, paving, landscaping, elevators, fire extinguisher systems and other permanent
equipment.
F. Section 108.3 of both the IBC and IRC. Delete Section 108.3 in both the IBC and IRC and insert in lieu
thereof the following:
108.3 Plan Review Fees.
When a plan or other data are required to be submitted by Section 106 and the value of the proposed building
or work exceeds fifteen thousand dollars ($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. Plan
review fees are separate fees from the permit fee specified in Section 108.2 and are in addition to permit fees.
G. Section 109.3.5 of the IBC. Delete Section 109.3.5 in the IBC.
H. Section 112 of both the IBC and IRC. Delete Section 112 in both the IBC and the IRC and insert in lieu
thereof the following
Section 112 Appeals: See Section 14-5M Appeals in the City Code.
I. Section 202 of both the IBC and IRC. Add new definitions as follows:
Family: is an individual or two (2) or more persons related by blood, marriage, adoption or placement by
government or social service agency, occupying a dwelling unit as a single housekeeping organization. A family
may also be two (2) but not more than two (2) persons not related by blood, marriage or adoption.
Truss: is a pre-built 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.
J. Section 202 of the IBC and IRC. Modify definitions as follows:
Habitable space: Add a sentence to the end of the definition of habitable space or room to read as follows:
Basement areas finished to a degree to encourage their use as anything other than storage or mechanical
rooms shall be considered habitable space.
Ordinance No.
Page 3,
K. Table R301.2 (1) Modify by inserting data in the table as follows:
WIND FLOOD HAZARDS
SUBJECT TO DAMAGE FROM
GROUND Speed SEISMIC Frost WINTER
SNOW (mph) DESIGN Weathering Line Termite Decay DESIGN NFIP Firm
LOAD CATEGORY depth TEMP. Maps
25 90 A Severe 42" Moderate Slight -5° F 5-22-77 6-5-85
Heavy Moderate
L. Section R305.1 of the IRC. Modify by adding a 4th exception as follows:
4. Ceiling height may be reduced to six (6) feet eight (8) inches for main support beams and mechanical ducts
provided the prescribed ceiling height is maintained in at least two-thirds (2/3) of the room.
M. Section R310.1 of the IRC. Modify by deleting Section R310.1 and insert in lieu thereof the following:
R310.1 Emergency escape and rescue required. Basements and every sleeping room shall have at
least one openable emergency escape and rescue window or exterior door opening for emergency escape and
rescue. Where openings are provided as a means of escape and rescue they shall have a sill height of not more
than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground
elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the
bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section
shall be obtained by the normal operation of the window or door opening from the inside. Escape and rescue
window openings with a finished sill height below the adjacent ground elevation shall be provided with a window
well in accordance with Section R310.2.
The egress window or door in a non-habitable basement shall be located a reasonable distance from the
internal access point. This distance shall not be less than one-half (1/2) of the distance from the bottom of the
interior stairs to the most remote exterior wall.
The window or door may open under a deck, porch or other building projection provided;
a. there is at least 5 feet clearance between the ground and the lowest obstruction; and
b. the window or door is located within three feet of one side of the projection; and
c. the projection does not extend more than 12 feet beyond the wall containing the window or door.
An emergency escape and rescue windows may open to any location under a deck, porch or other building
projection provided there is at least 7 feet clearance between the ground and the lowest obstruction.
EXCEPTION: For emergency escape and rescue windows required for the remodeling or finishing of
space in an existing basement, the maximum sill height may be measured from an elevated landing not less
than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24
inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it
serves.
N. Section R312.1.2 of the IRC. Delete beth exceptions and add a new exception as follows:
EXCEPTION: At the exterior side of sliding doors or where there is a stairway of two or fewer risers located
at the exterior side of the exterior door provided the door does not swing over the stairway.
O. Section R314.3. of the IRC. Add an exception as follows:
EXCEPTION: Structures that existed prior to the adoption of this code shall be allowed 6'-6" headroom.
P. Section R315.1 of the IRC. Modify by deleting the first paragraph and insert in lieu thereof the following:
R315.1 Handrails. Handrails having minimum and maximum heights of 34 inches and 38 inches (864 mm
and 965 mm), respectively, measured vertically from the nosing of the treads, shall be provided on at least one
side of stairways. All required handrails shall be continuous the full length of the stairs with four or more risers
from a point directly above the top riser of a flight to a point directly above the lowest riser of the flight. Ends shall
be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space
of not less than 1.5 inches (38 mm) between the wall and the hand-rail.
Q. Section R317.1.1 of the IRC. Modify by deleting the second exception and insert in lieu thereof the following:
2 Repairs to the exterior surfaces and additions of uncovered decks or stoops are except form the
requirements of this section.
R. Section R326 of the IRC. Delete Section R326 in the IRC and add a new section as follows:
R326 ACCESSIBILITY
R326.1 Scope. The provisions of this section are enacted to implement the City's policy that structures
regulated by this Code constructed with public funds be constructed using universal design features that provide
accessibility and usability for all.
Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof thorough any of
the following means:
Ordinance No.
Page 4
1. a building contract or similar contractual agreement involving a City-funded program or fund;
2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents;
3. preferential tax treatment, bond assistance, modgage assistance, or similar financial advantages from the
City or its agents;
4. disbursement of federal or state construction funds including a Community Development Block Grant; or
5. a City contract to provide funding or a financial benefit for housing.
R326.2 Minimum accessibility requirements for all dwelling units using public funds.
1. Wall Reinforcement.
One first floor bath shall be provided with wood blocking installed within wall framing, to support grab bars as
needed. The wood blocking, when measured to the center, shall be located between thirty-three inches (33") and
thirty-six inches (36") above the finish floor. The wood blocking shall be located in all walls adjacent to a toilet,
shower stall or bathtub.
2. Interior Doors.
Ail first floor doorways shall provide a minimum clear opening of thirty-two inches (32") when the door is open
ninety degrees (90°), measured between the face of the door and the opposite stop.
3. Switch and Outlet Requirements.
All wall switches controlling light fixtures and fans, shall be located at a height not to exceed fort-eight inches
(48") above the finished floor. Height shall be determined by measuring from the finished floor to the center of the
switch.
All receptacles shall be located at a height not less than fifteen inches (15") above the finished floor. Height
shall be determined by measuring from the finished floor to the center of the receptacle. When the receptacle
placement is prohibited by the height of a window or design feature, an alternate location can be approved by the
Building Official or a duly authorized designee.
4. No-Step Entrance.
Must provide at least one building entrance that complies with the Iowa City Building Code standard for an
accessible entrance on an accessibly route served by a ramp or a no-step entrance. A building entrance door must
have a minimum net clear opening of thirty-two inches (32"). The Building Official may waive this requirement based
on the determination that strict compliance is financially or environmentally impractical.
S. Section R401.3 of the IRC. Delete section R401.3 of the IRC and insert in lieu thereof the following:
401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of
collection so as not to create a hazard. Lots shall be graded so as to drain surface water away from foundation
walls. The grade away from the foundation walls shall be 5% at five feet and 3% at ten feet.
EXCEPTION: Where lot lines, wails, slopes or other physical barriers prohibit this provision, drains or swales
shall be provided to ensure drainage away from the structure.
T. Section R403.1.4 of the IRC. Modify by adding the number 1 to the exception and adding a second and third
exception as follows:
Exception:
1. Frost-protected footings constructed in accordance with Section R403.3 and footings and foundations
erected on solid rock shall not be required to extend below the frost line.
2. One story detached accessory buildings of wood or steel frame construction not used for human
occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using
slab on grade construction as follows. The slab shall be three and one half inches thick, poured
monolithically with thickened perimeter footings extending twelve inches (12") below finish grade and be
sixteen inches (16") wide at the base. The top of the foundation shall not be less than six inches (6")
above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 6x6-
10/10 welded wire mesh, #4 deformed reinforcing bars at twenty four inches (24") on center each way or
fiber mesh reinforced concrete.
3. One-story wood or metal frame building not used for human occupancy and not over 200 square feet in
floor area may be constructed with wails supported on a wood foundation plate or "skids" when approved
by the building official.
U. Section R404.1.2 of the IRC. Modify Section R404.1.2 by adding a second paragraph as follows:
Wall thickness may be reduced to eight inches (8") if a minimum of three (3) one-half inch diameter
deformed ASTM A615 grade 40 steel bars shall be placed horizontally at the center of the wall thickness with
one bar located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid-
height of the wall.
V. Section R404.1.3 of the IRC. Modify by adding an exception after number 2 as follows:
EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout basements
which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed
in accordance with the table and diagrams as follows:
Ordinance No..
Page 5
C.B. = Corner Bars .1 ~ FOUNDATION PLAN:
S = Span Wall~[[.~.~
T = ThicknessT--~ ......... ! LOWER LEVEL WALKOUT
~ g" & 12" Foundation Walls ~ . I
Provide comer bars to match Provide corner bars to match
horizontal foundation wall horizontal foundation walll
reinforcing into span wall 2'-0" reinforcin9 into span wa~l
{s) Span ~ IT} Wall Thick.ss J Hor~. Re~nf. Cor~er Bar
2. Ali reinforcing splices shall be lapped a minimum of 24 diameters of the reinforcing used.
Frost W~ll & Footinq "~
Ordinance No.
Page 6
__ 2" Minimum Inside Face of
Wall to edge of reinforcing
See Schedule for
Horizontal Reinforcing
#4 Reinforcing Vertical
30" O.C. Typical
__ #4 Reinforcing Dow
~' '--' '" "~."-~" ;'~.-' '~. '. '~'-;-'~ :; : '~2 '
Ordinance No.
Page 7
W. Section R602.10.1 of the IRC. Add third paragraph to section R602.10.1 as follows:
Spacing of braced wall lines shall not exceed thirty-five feet (35') on center in both the longitudinal and
transverse directions in each story.
X. Section R703.2 of the IRC. Modify as follows:
Delete the exception in its entirety.
Y. Table R703.4 of the IRC. Modify as follows:
Change all the responses in the column titled "SHEATHING PAPER REQUIRED" to Yes.
Z. Section R807.1 of the IRC. Delete section R807.1 and insert in lieu thereof the following:
807.1 Attic access. An attic access opening shall be provided to attics of buildings with combustible ceiling or
roof construction. The opening shall be located in a corridor, hallway, or other readily accessible location. The
opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location.
Attics with a maximum vertical height of less than thirty inches need not be provided with access openings.
The clear opening shall not be less than twenty inches (20") by thirty inches (30"). Thirty inches (30")
minimum clear headroom in the attic space shall be provided at or above the access opening.
AA. Section 903.4.2 of the IBC. Modify by deleting Section 903.4.2 and insert in lieu thereof the following:
903.4.2 Alarms. Approved audible and visual devices shall be connected to every automatic sprinkler
system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single
sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the
building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler
system shall actuate the building fire alarm system.
BB. Section 907.2.10.1.2 of the IBC. Modify by adding a fourth location requirement as follows:
4. Detectors shall be install in all common corridors and at the top and bottom of all stairway enclosures in
Division 1 Occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the
corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as
allowed by the fire code.
CC. Section 907.9.1.1 of the IBC. Modify Section 907.9.1.1 by adding a second paragraph as follows:
An exterior visual signaling device shall be installed in an approved location on the building and shall flash
when activated by the building fire alarm or sprinkler system.
nD.Sec. 1003.2.12.2 Exception #3 of the IBC. Modify Section 1003.2.12.2 by deleting exception #3 and inserting
in lieu thereof the following:
3. In occupancies in Group I-3, F, H and in all Group S occupancies except for parking garages, either open
or enclosed, balusters, horizontal intermediate rails or other construction shall not permit a sphere with a
diameter of 21 inches (533 mm) to pass through any opening.
EE. Section 1003.3.3.2. of the IBC. Modify by adding the number 1 to the first exception and adding a second
exception as follows:
EXCEPTION:
1. Spiral stairways complying with Section 1003.3.3.9 are permitted a 78-inch (1981 mm) headroom
clearance.
2. Stairs within individual dwelling units of Residential Group R occupancies that existed prior to the adoption
of this code are permitted a 78-inch headroom clearance.
FF. Section 1003.3.3.11. Exception 4 and 5 of the IBC. Modify by deleting exceptions 4 and 5 and insert in lieu
there of the following:
4. In Group R-3 occupancies, a change in elevation consisting of a three or fewer risers at an entrance or
egress door does not require handrails.
5. Changes in room elevations of three or fewer risers within dwelling units in Group R-2 and R-3
occupancies do not require handrails.
GG. Section 1005.3.4 of the IBC. Modify Section 1005.3.4 by adding a sentence to the third unnumbered
paragraph as follows:
Fire door assemblies in exit enclosures of R-2 occupancies shall also be automatic closing by actuation of a
smoke detector.
HH. Section 1009.1 of the iBC. Modify by deleting the exceptions and insert in lieu thereof the following:
EXCEPTION: The emergency escape and rescue opening is permitted to open onto a balcony within an
atrium in accordance with the requirements of Section 404 provided the balcony provides access to an exit and
the dwelling unit or sleeping room has a means of egress that is not open to the atrium.
II. Section 1009.1.1 of the IBC. Add a new Section 1009.1.1 in the IBC as follows:
1009.1.1 Location
The egress window or door in a non-habitable basement shall be located a reasonable distance from the
internal access point. This distance shall not be less than one-half (1/2) of the distance from the bottom of the
interior stairs to the most remote exterior wall.
Ordinance No.
Page 8
The window or door may open under a deck, porch or other building projection provided;
a. there is at least 5 feet clearance between the ground and the lowest obstruction; and
b. the window or door is located within three feet of one side of the projection; and
c. the projection does not extend more than 12 feet beyond the wall containing the window or door.
An emergency escape and rescue windows may open to any location under a deck, porch or other building
projection provided there is at least 7 feet clearance between the ground and the lowest obstruction.
EXCEPTION: For emergency escape and rescue windows required for the remodeling or finishing of
space in an existing basement, the maximum sill height may be measured from an elevated landing not less
than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24
inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it
serves.
JJ. Chapter 11 of the IBC. Delete Chapter 11 in its entirety and insert in lieu thereof the following:
Chapter 11 Accessibility, Section 1101. 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.
KK. Section 1208.2 of the IBC. Modify Section 1208.2 by adding a sentence to the end as follows:
The opening shall be located in a corridor, hallway, or other readily accessible location. The opening shall not
be located in a closet, bathroom, mechanical room, laundry room, or similar room or location.
LL Part VII Plumbinq, Chapters 25 throuqh 32 inclusive of the IRC. Delete Part VII Plumbing Chapters 25
through 32 inclusive of the IRC and insert the following:
Part VII Plumbing, Chapter 25
Section P2501 GENERAL
P2501.1 Scope. Plumbing systems shall comply with Title 14, Chapter 5 Article B, of the Iowa City Code.
MM. Part VIII Electrical, Chapters 33 throuqh 42 inclusive of the IRC. Delete Part VIII Electrical Chapters 33
through 42 inclusive of the IRC and insert the following:
Part VIII Electrical, Chapter 33
Section E3301 GENERAL
E3301.1 Applicability. Electrical systems shall comply with Title 14, Chapter 5 Article C, of the Iowa City
Code.
NN Section 3409.2 of the IBC. Delete the first paragraph of Section 3409.2 and insert in lieu thereof the following:
3409.2 Applicability. Structures existing prior to effective date of the ordinance in which there is work
involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this
section or the provisions of Sections 3402 through 3406.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION iV. PENALTIES FOR VIOLATIONS. The violation of any provision of this Ordinance is a municipal
infraction.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this
MAYOR
A~FFEST:
CITY CLERK
Approv~(~ by ~
City Attorney's Office
s\his~000ord s\20001BCIRC doc
11 South Gilb!rt
P.O. Box 3396
The Greater Iowa City Area Iowa City, Iowa 52244
Fax: (319) 358-2443
E-mail: hbaofic@cs.com
HOME BUlLD~RS ASSOCIATION www.iowacityhomes.com
Advocates for homeownership
by promoting standards for
quality and affordablility
June 27, 2002 .'5; - ~'°
~:~C} c_~
Mayor Emie Lehman ~-- -, -Fi
Iowa City City Council Members
:-:'
City of Io~va City
410 E Washington Street
Iowa City, Iowa 52240
Dear Mayor and Council Members,
I am writing to express the Greater Iowa City Area Home Builders Association support
for the adoption of the proposed changes to the International Residential Building Code.
The HBA has worked with building and housing officials over the past couple of months
to address issues and negotiate differences. We are particularly appreciative of the efforts
of Building Official Tim Hennes and his communication during this review process.
While we believe we have made significant progress in promoting a fair and reasonable
building code, there are some areas the HBA feels more clarification is necessary: in
particular, an amendment to Section R326.1. We feel the criteria for what qualifies as
public funds is too vague and undefined and could lead to misunderstanding and liberal
interpretation by city officials. As it currently is drafted, the HBA interprets the
amendment to cover only structures that are built specifically with the majority of
funding coming from the City of Iowa City. If our assessment is incorrect, we would
kindly request a thorough interpretation from city officials on exactly what projects and
business dealings with the city will be covered by this policy.
The HBA is pleased to work with officials from the Iowa City Housing Authority in the
promotion of Universal Design awareness that is market-driven and allows for customer
choice. Further, the Home Builders Association showcased a universally designed home
on our recent Parade of Homes. We look forward to continuing to work with city
officials to resolve any differences that remain as per the International Building Code.
Thank you for your consideration of this matter and please do not hesitate to contact our
office if we can be of any other service.
Sincerely,,,-
President
Greater Iowa City Area Home Builders Assn.
Affiliated with National Asso¢iation of Home Builders & Home Builders Association of lowa
Prepared by: Roger Jensen, Fire Marshall; 410 E. Washington St., Iowa City, IA 52240; 319-356-5257
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION,
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND
GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION
HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES,
MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN
THE OCCUPANCY OF BUILDING AND PREMISES IN THE CITY OF IOWA CITY; PROVIDING FOR
THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; REPEALING
ORDINANCE NO. 99-3869 OF THE IOWA CITY CODE AND ALL OTHER ORDINANCES AND PARTS
OF THE ORDINANCES IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
Section I. That a certain document, one (1) copy of which is on file in the office of the City Clerk of
the City of Iowa City, being marked and designated as the International Fire Code, including Appendix
Chapters B, C, D, E, F, and G, as published by the International Code Council, be and is hereby adopted
as the code of the City of Iowa City for regulating and governing the safeguarding of life and property from
fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises
in the City of Iowa City and providing for the issuance of permits for hazardous uses or operations; and
each and all the regulations, provisions, conditions and terms of such International Fire Code, 2000
edition, published by the International Code Council, on file in the office of the City Clerk are hereby
referred to, adopted and made a part hereof as if fully set out in this ordinance. Section 7-1-1 through 7-1-
10 of the Iowa City City Code is hereby repealed and the following new Section 7-1 is enacted.
Section II. That the following sections are hereby amended
Section 101.1 Insert: Iowa City, Iowa
Section 109.3 Insert: simple misdemeanor, 500, 30 days
Section 111.4 Insert: 50, 500
Section Ill Fees for Inspections. Fees for inspections and other services related to enforcement of
this Code shall be established by the City Council by resolution and paid to the Fire Department.
Section IV. Amendments to the Fire Code. The following sections are amended to read as follows:
Section 104.1.1 Add a sentence to the end of the section to read as follows: The code official and
members of fire prevention shall have the powers of a peace officer in performing their duties under this
Code.
Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate
such members of the Fire Department as fire/police investigators upon being certified by the Iowa Law
Enforcement Academy. Fire/police investigators shall have the powers of a peace officer in performing
their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city
ordinances and state statutes. Notwithstanding his/her status as a peace officer, a fire/police investigator
shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall
perform such functions as the Fire Chief shall assign.
Section 104.10.2 Add a new section to read as follows: When requested to do so by the code official,
the Chief of Police is authorized to assign such available police officers as necessary to assist the Fire
Department in enforcing the provisions of this Code.
Section 108 Delete in its entirety. See 14-5-M of this Code
Section 305.5 Add a new section to read as follows: The use of portable heaters shall be approved by
the Chief
Section 307.1 through 3074 Delete in their entirety. See 6-6 of this Code.
Section 4052 Add to the end of the section as follows: Fire and evacuation drills in Group E
occupancies shall be conducted in accordance with Section 10031 of the Code of Iowa Fire drills in
Group R, Division 2, fraternities and sororities, shall be conducted in accordance with the following:
(a) 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 kept by the person in charge of the occupancy and
forwarded to the Fire 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
Ordinance No.
Page 2
(c) Fire drills shall include complete evacuation of all persons from the building.
(d) The Fire Department emergency communications center shall be notified prior to each drill
(e) When a fire drill is performed, fire drills shall be initiated by the activation of the fire alarm system.
Section 502.1 Add a sentence to the end of FIRE LANE definition to read as follows: See city code 9-
4-13 (ordinance 98-3850, 9-22-1998) for additional rules and regulations.
Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall
be installed in an approved location on all new construction.
Exceptions: Group R-3 and Unsecured R-2 Occupancies.
Section 508.5.1 Delete the section and the exceptions. Insert in lieu thereof: Where required. Where
a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more
than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around
the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by
the code official.
Section 603.6 Add a sentence to the end of the section to read as follows: Portable heating use shall
be approved by the Code Official.
Section 605.9 Delete the section and insert in lieu thereof: Temporary wiring. Temporary wiring for
electrical power and lighting installations is allowed for a period not to exceed 90 days for Christmas
decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable
provisions of the Iowa City Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of
construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code.
Section 803.3.1 Delete exceptions 1 & 2.
Section 803.4.1 Delete exceptions 1 & 2.
Section 804.1 Add a sentence to the end of the section to read as follows: Natural or resin-bearing
cut trees and natural decorative vegetation used in buildings open to the general public shall be properly
treated with an approved flame retardant.
Section 804.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall
be prohibited in Group A, B, E, I-1, I-2, I-3, I-4, M, R-l, and R-4 occupancies.
Exception: Trees located in areas protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M and R-1.
Section 903.4.2 Delete the section and replace with: Alarms. Approved audible and visual devices
shall be connected to every automatic sprinkler system. Such sprinkler water-flow devices shall be
activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed on
the system. Alarm devices shall be provided on the exterior of the building in an approved location.
Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the
building fire alarm system.
Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any
required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-A 10-B C.
Section 3301.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale,
handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or
perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy
snakes which contain no mercury or caps used in cap pistols.
Section 3404.2.9 Add a sentence to the end to read as follows: Above-ground tanks shall meet all
requirements of the Iowa City Zoning Ordinance.
Section 3404.2.11 Add a sentence to the end to read as follows: Underground tanks shall meet all
requirements of the Iowa City Zoning Ordinance.
Section 3404.3 Delete the section and insert in lieu thereof: Container and portable tank storage.
Storage of flammable and combustible liquids in closed containers that do not exceed 60 gallons in
individual capacity and portable tanks that do not exceed 300 gallons in individual capacity, and limited
transfers incidental thereto, shall comply with this section.
Section V. Title 6, entitled "Public Health," Chapter 6 entitled "Open Burning," Section 2, entitled
"Exceptions," is hereby amended by adding a new Subsection C as follows: Open burning in portable, outdoor fire places is permitted.
Section VI. Severability. That if any section, subsection, sentence, or clause or phrase of this
ordinance is, for any reason, held to be unconstitutional such decision shall not affect the validity of the
remaining portions of this ordinance. The City of Iowa City hereby declares that it would have passed this
ordinance, and each section, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section VII. That the City Clerk of Iowa City is hereby ordered and directed to cause this ordinance to
be published.
Ordinance No.
Page 3
Section Viii. That this ordinance and the rules, regulations, provisions, requirements, orders and
matters established and adopted hereby shall take full force and effect from and after the date of its final
passage and adoption.
Section IX. Penalties for violation. The violation of any provision of this ordinance is a municipal
infraction or a simple misdemeanor as provided in Section 109.3.
Passed and approved this day of ,20
MAYOR
ATTEST:
CiTY CLERK
Approved by
City Attorney's Office
Iowa City Fire Department
"Serving with Pride and Professionalism Since 1872"
INTEROFFICE MEMORANDUM
TO: STEVE ATKINS, CITY ~vLYNAGER
SUBJECT: FIRE CODE ADOPTING ORDINANC~
DATE: 06/24/02
CC: ANDY ROCCA, FIRE CHIEF
As proposed by the Iowa City Board of Appeals, an exception to the open burning ordinance would,
if passed, provide for the use of portable, outdoor Fireplaces. The fire department does not support
the proposal and requests that Section 5 of the adopting ordinance be stricken.
Portable, outdoor fireplaces are a relatively' new type of appliance. As the name implies, the principal
purpose of the appliance is to provide portability to an outdoor recreational fire. With the first
appearance of a portable, outdoor fireplace, the fire department examined the apphance and
interpreted its use as not conforming to any of the permitted exceptions of the open burning
ordinance (Tide 6, Chapter 6). As such, the fire department has considered the use of portable,
outdoor fireplaces to be a violadon of the city's open burning ordinance. Residents have been
instructed accordingly through personal inquiries and media releases.
Recently, the fire department proposed a series of fire code amendments. Among them was a
sentence designed to clearly state the position concerning the use of portable, outdoor fireplaces.
The sentence we proposed stated, "Bonfires, recreational fires and the use of outdoor, portable
fireplaces are prohibited."
The fire department believes that permitting the use of portable, outdoor fireplaces would be
regressive. Prior to the enactment of the ban on open burning, the Iowa City Fn:e Department
responded to between 200 and 300 open burning complaint calls a year. Portable fireplaces could
return us to the time when fire companies were sent to resolve smoke odor complaints between
neighbors. We envision more appropriate uses of our emergency services.
We know that yard waste and other household waste products are readily available fuel sources
during the temperate months. We believe that portable, outdoor fireplaces would to some extent
serve as incineration appliances for products of this nature, creating foul odors and inhalation
hazards. We know that air is heavier in the summer and that smoke tends to hang close to the
ground. UnlLlce a fixed, residential £a:eplace, the portable, outdoor fireplace en~its its smoke and
products of combustion at ground level. Be mindful too that people are more hkely to have their
windows open du£mg the temperate months.
FIRE DEPARTMENT * 410 E. Washington Street · lowa Ciiy, IA 52240 Phone:(319) 356-5260 F~' (319) 356-5263 www. icfd. org
Office of the Fire Chief Office of the Fire Marshal Battalion Chiefs Fire Training HnzJ~lat Public Education
Fire Administration Fire Prevention Bureau Station I Station I Station 2 Station 3
(319) 356-5256 (3]9) 356-5257 (319) 356-5262 (319) 356-5258 (319) 356-5266 (319) 356-5265
W~th regard to fire hazards, the appliance has at least three flaws. ~rst, the portability of the
appliance puts exposures at risk. Proper separation distances from buildings, trees and other
combustible items cannot be enforced. Next, the hot, glowing embers are unencumbered on most
portable, outdoor fn:eplace since most are not equipped with spark arrestors. Lastly, the portable,
outdoor f~ceplace is easily left unattended. The National Fire Protection Association indicates that
solid fuel burning appliances (wood stoves and f~replaces) are the fastest growing cause of structare
fires in the U.S.
On a split vote the Board of Appeals chose to advance langnage that would permit the use of
portable, outdoor fn'eplaces. As it exists, the fn:e department is adamandy opposed to Section 5 of
the fzre code amendments due to matters of public health and safety. We respectfully request that
Section 5 of the adopting ordinance be stricken.
On another matter, city legal staff is drafting an amendment for council consideration that would
provide membership for at least one person with frre expertise qualifications to the Board of
Appeals. In its duties, the board does hear applications for modification of the requirements of the
fire code and as such, should include at least one board member duly qualified in matters of £rre
protection, A board member with traimng and experience th fire protection would enhance the
makeup of the board and enable it to better fulfill its purpose. The fire department respectfully
encourages the passage of amendment language to provide at least one member with fire protection
qualifications to the Iowa City Board of Appeals.
Prepared by: Tim Hennes, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY
CODE OF ORDINANCES, BY ADOPTING THE 2000 EDITION OF THE UNIFORM
PLUMBING CODE, WITH CERTAIN AMENDMENTS, TO REGULATE THE PRACTICE,
MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE,
EXTENSION AND ALTERATION OF ALL PIPING, FIXTURES, APPLIANCES AND
APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO
PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING
INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES
FOR VIOLATIONS.
Be it ordained by the Council of the City of Iowa City, Iowa:
SECTION I. SHORT TITLE. This ordinance shall be known as the Iowa City Plumbing Code, or
Plumbing Code, and may be so cited.
SECTION II. PURPOSE. It is the purpose of this ordinance to adopt the 2000 Edition of the Uniform
Plumbing Code as prepared and edited by the International Association of Plumbing and Mechanical
Officials, and to provide certain amendments thereof; to provide for the protection of the health, we[fare, and
safety of the citizens of Iowa City, Iowa; to provide for the enforcement of the Plumbing Code; and to provide
penalties for violations of the Plumbing Code.
SECTION Ill. SCOPE. This ordinance shall apply to and govern plumbing, as defined in the Plumbing
Code, including the practice, materials and fixtures used in the installation, maintenance, extension and
alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary
drainage or storm drainage facilities, the venting system, and the public or private water-supply systems,
within or adjacent to any building or other structure, or conveyance; also the practice and materials used in
the installation, maintenance, extension or alteration of the stormwater, liquid wastes or sewerage systems,
and water supply systems of any premises to their connection with any point of public disposal or other
acceptable terminal.
SECTION IV. ADOPTION OF PLUMBING CODE. Section 14-5B in its entirety of the Iowa City Code is
hereby repealed and the following new Section 14-5B is added.
14~5B-1: CODE ADOPTED: Subject to the amendments described in Section 14-5B-2 below, Chapters
1 through 10 AND 12 through 15 of the 2000 Edition of the Uniform Plumbing Code promulgated by the
International Association of Plumbing and Mechanical Officials are hereby adopted and shall be known as the
Iowa City Plumbing Code or the Plumbing Code.
14-5B-2: AMENDMENTS TO CODE: The Plumbing Code adopted by Section 14-5B-1 of this Article is
hereby amended as follows:
Delete Section 101.5.6 in its entirety and insert in lieu thereof the following:
101.5.6 Moved Buildings. Plumbing systems which are part of buildings or structures moved within
or into this jurisdiction shall comply with the provisions of this Code for new installations except as
provided for in Section 103.5.5.2.
Delete Section 102.3.1 in entirety and inser[ in lieu thereof the following:
102.3.1 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing or permit
the same to be done in violation of this Code, A violation of any provision of this ordinance is a municipal
infraction.
Delete Section 102.3.2 Penalties in its entirety.
Delete Section 103.1.1 in its entirety and insert in lieu thereof the following:
103.1.1 Permits Required. It shall be unlawful for any person, firm or corporation to make any
installation, alteration, repair, replacement or remodel any plumbing system or fire sprinkler system
regulated by this Code except as permitted in Section 103.1.2, or to cause the same to be done without
first obtaining a separate plumbing permit for each separate building or structure.
Delete Section 103.1.2 in entirety and insert in lieu thereof the following:
103.1.2 Exempt Work. A permit shall not be required for the following:
Ordinance No.
Page 2
103.1.2.1 The stopping of leaks in water, drain, soil, waste or vent pipe, provided, however, that
should any water pipe, drainpipe, soil, waste or vent pipe, or concealed trap become defective and it
becomes necessary to remove and replace the same with new material, the same shall be considered as
new work and a permit shall be procured and inspection made as provided in this Code.
103.1.2.2 The clearing of stoppages, including the removal and reinstallation of water closets or; the
repairing of leaks in pipes, valves or fixtures, provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes, or fixtures.
103.1.2.3 The replacement or removal and reinstallation of any fixture or appliance, provided,
however, that the fixture or appliance is installed at the same location and it is not necessary to remove,
replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be
deemed to grant authorization for any work to be done in violation of the provisions of the Code or any
other laws or ordinances of this jurisdiction.
103.1.3 Licensing. See Section 14-5L Licensing
103,2 Application For Permit,
Add Section 103.2.4 Qualifications of Permittee:
1. A permit may be issued to any person holding a valid master plumber license issued by the City or to
any plumbing company which employs a duly licensed master plumber on a full-time basis.
2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant
to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by
this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all
material and perform all labor in connection therewith. All work shall comply with this Article.
3. A permit may be issued to the holder of a valid sewer and water service installer's license for the
installation of a building sewer and water service only.
4. A permit may be issued for the installation of gas piping to any person holding a valid gas pipe
installer's license issued by the City or to any company which employs a duly licensed gas pipe installer.
5. A permit may be issued to the holder of a valid fire sprinkler installer's license for the installation of
fire sprinkler systems provided the licensee is employed by a fire sprinkler contractor with either at least
one NICET Level III certified person or an engineer licensed in the State of Iowa with experience in fire
protection sprinkler systems on staff.
6. A permit may be issued to the holder of a valid fire sprinkler maintenance license for the
maintenance of fire sprinkler systems, provided the licensee is employed by a fire sprinkler contractor with
either at least one NICET Level III certified person or an engineer licensed in the State of Iowa with
experience in fire protection sprinkler systems on staff.
Add Section 103.2.5 Insurance Required: Before a permit to perform plumbing work may be issued,
the applicant shall have on file with the Administrative Authority a copy of a certificate of insurance stating the
liability amounts established by resolution of the City Council, and the City shall be named as an additional
insured. The policy shall also provide for at least thirty (30) calendar days' notice by the insurer to the City of
termination of the policy by the insured or insurer. Plumbing permits issued under Subsection 103.2.4-2 shall
be exempted from this insurance requirement.
103.4 Fees. Delete Sections 103.4.1 and 103.4.2 from UPC and add Section 103.4 as follows:
103.4 Fees: All applicants shall pay the proper permit and inspection fees as established by resolution of
the City Council. Any person who commences work prior to obtaining a permit shall be charged a double fee
unless the applicant demonstrates to the satisfaction of the Administrative Authority that it was an
emergency.
103.9 Appeals. See Section 14-5M Appeals
Section 202.0
Section 202.0 is amended by adding the following definitions:
Fire Sprinkler Installer - any person licensed to install and/or maintain only fire sprinkler systems.
Fire Sprinkler Maintenance Contractor - Any person licensed to maintain only fire sprinkler
systems.
Gas pipe installer - any person licensed to instal[ only the piping to distribute fuel gas from the gas
meter to the gas outlets.
Plumber, apprentice - any person who works under the supervision and guidance of a skilled
journeyman or contractor for the purpose of learning the plumbing trade.
Plumber, inactive - any licensed plumber who is not currently employed nor actively participating in the
plumbing trade.
Plumber, journeyman - any properly licensed person who is allowed to install plumbing only under the
employ of a master plumber.
Plumber, master - any properly licensed person who undertakes or offers to undertake, to plan for, lay
out, supervise or perform plumbing work with or without compensation.
Ordinance No.
Page 3
Sewer and water service installer - any person licensed to install only the building sewer and that
portion of the building drain from outside'the building wall to just inside the building wall and the water service
from the water main to the building water meter.
Section 413.0. Delete Section 413.1 through 413.3 and Table 4-I in entirety and insert in lieu thereof the
following:
413.1 Every building intended for human occupancy shall be provided with sanitary facilities as required
by this Section and Table 4-1. The occupant load used to determine the minimum number of sanitary fixtures
shall be the occupant load established by the International Building Code in Section 1003 and Table
1003.2.2.2. The established occupant load shall be assumed to be one-half (½) male and one-half (¼)
female unless sufficient evidence to the contrary is supplied to the administrative authority.
Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual
number of employees on the largest shift.
413.2 Buildings with the total occupant load of less than sixteen (16) may provide the required fixtures in
a unisex restreom. Urinals need not be provided in unisex restrooms. Buildings with an occupant load of
sixteen (16) or more shall provide separate facilities for each sex.
Table 4-17
Fixtures Per Person1
Type of Building2 Water Closets~Urinals9 Lavatories~ Bathtubs Drinking3
or Occupancy or Fountains
Showers
Male I Female Male I Female
For employee or staff 1:1-15 1:1-15 1 for each 2 water closets
use in all occupancies 2:16-35 2:16-35 or urinals
except industrial ware- 3:36-55 3:36-55
houses, workshops, fac-
tories, foundries and
similar establishments.
Over 55, add 1 fixture for
each additional 40 persons.
For employee or staff 1:1-10 1:1-10 1 for each 2 water closets 1 per 150
use in industrial ware- 2:11-25 2:11-25 or urinals
houses, workshops, 3:26-50 3:26-50
factories, foundries and 4:51-75 4:51-75
similar establishments. 5:76-100 5:76-100
Over 100, add 1 fixture for
each additional 30 persons
For public use
Assembly places, i.e. 1:1-30 1:1-15 1:1-75 1:1-30
theaters, auditoriums, 2:31-75 2:16-30 2:76-200 2:31-100
1:1-150
etc. 3:76-125 3:31-50 3:201-400 3:101-200
4:126- 4:51-100 4:201-300 2:151-400
200 5:101-150 5:301-400
5:201- 6:151-200 3:401-750
300 7:201-250 and one
6:301 - 8:251-300 additional
400 9:301-350 : fixture for
10:351-400 each
additional
500
persons
Over Over 400, add Over 400, add 1 fixture per
400, add 1 fixture for 400 persons
1 fixture each 125 fe-
for each males
200
males
Ordinance No.
Page 4
Fixtures Per Person~
Type of Buildin~ Water Closets/Urinals9 Lavatories6 Bathtubs Drinking3
or Occupancy or Fountains
Showers
Male I Female Male I Female
Dormitories - school or 1 per 10 1 per 8 1 per 12 1 per 12 1 per 8 1 per 150
labor
Add 1 Add 1 fixture Over 12, Over 12, Over 150,
fixture for for each 20 add 1 per add 1 for add 1 per 20
each 25 females over 8 each 20 each 20
males males females
over 10
Hospitals
Individual room 1 per room 1 per room 1 per room
Ward room 1 per 8 beds 1 per 10 beds 1 per 20 beds
Institutional - other 1 per 25 1 per 20 1 per 10 1 per 10 1 per 8 1 per 150
than hospitals or penal
institutions
Office or public 1:1-15 1:1-15 1 for each 2 water closets 1 per 150
buildings 2:16-35 2:16-35 or urinals
3:36-55 3:36-55
Over 55, add 1 fixture for
each additional 40 persons
Wholesale~6 and retail 2:250-500 2:250-400 1 for each 2 water closets 1 for each
stores 3:501-750 3:401-600 or urinals pair of
4:751- 4:601-800 restroom
1,000 5:801-1,000 facilities
Over Over 1,000
1,000 add add 1 fixture
1 fixture for each addi-
for each tiona1400 fe-
additional males
500 males
Restaurants~ which do 1:1-50 1:1-50 1 for each 2 water closets
not serve alcohol 2:51-100 2:51-100 or urinals
3:101-175 3:101-175
4:176-300 4:176-300
Qver 300, add 1 fixture per
200 additional persons
Schools7 for student use:
Nursery 1:1-20 1:1-20 1:1-25 1:1-25 1 per 150
2:21-50 2:21-50 2:26-50 2:26-50
Over 50, add 1 fixture for Over 50, add 1 fixture each
each additional 50 persons additional 50 persons
Elementary 1 per 25 1 per 25 1 per 35 1 per 35 1 per 150
Secondary 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150
Others (colleges, 1 per 30 '1 per 30 1 per 40 1 per 40 1 per 150
universities, etc.)
Worship places:
Ordinance No.
Page 5
Figures Per Person~
Type of Bu#ding2 Water Closets/Urina/s9 Lavatories6 Bathtubs Drinking3
or Occupancy or Fountains
Showers
Male I Fema/e Male I Female
Educational and 1 per 125 1 per 125 1 for each 2 water closets 1 per 150
activities unit or urinals
Principal assembly 1 per 150 1 per 150 1 for each 2 water closets 1 per 150
place or urinals
Dwellings:4'$
Single-family 1 per dwelling 1 per water closet 1 per dwelling
Multi-family 1 per dwelling unit 1 per water closet 1 per dwelling
unit
Penal institutions:
Celt 1 per cell 1 per ceil 1 per floor
Exercise room 1 per exercise room 1 per room 1 per room
Restaurantss which 1:1-30 1:1-30 1 for each 2 water closets
serve alcohol, pubs and 2:31-60 2:31-60 or urinals
lounges 3:61-100 3:61-100
4:101- 4:101-130
150 5:131-160
5:151- 6:161-200
200 7:201-300
6:201- 8:301-400
275
7:276-
400
Over Over 400, add
400, add 1 fixture for
1 fixture each 150
for each females
175
males
Notes to Table 4-1:
1. Interpretation of Figures: The figures shown are based upon one fixture being the minimum required
for the number of persons indicated.
2. Building Categories: Building categories not shown on this Table shall be considered separately by
the administrative authority.
3. Drinking Fountains Required: There shall be a minimum of one (1) drinking fountain per occupied
floor in schools, theaters, auditoriums, dormitories, offices or public buildings. Where breakreom sinks or
water dispensers or coolers are accessible a required drinking fountain may be eliminated.
Drinking Fountains Prohibited: Drinking fountains shall not be installed in toilet rooms.
4. Laundry Facilities: One automatic washer standpipe for each dwelling unit for single-family or duplex.
For multi-family apartment buildings, one standpipe for each ten (10) apartments or fraction thereof,
5. Kitchen Sinks: One (1) for each dwelling unit.
6. Washbasins: Twenty-four (24) lineal inches (609mm) of wash sink or eighteen (18) inches (456mm)
of a circular basin shall be considered equivalent to one lavatory when provided with water outlets for such
space.
7. General Provisions: In applying this schedule of facilities, consideration must be given to the
accessibility of the fixtures. Purely numeric conformity may not result in an installation suited to the need of
the individual establishment. For example: Schools should be provided with toilet facilities on each floor
having classrooms and in temporary working facilities, one water closet for each thirty (30) persons.
Ordinance No.
Page 6
8. Restaurants: A restaurant is defined as a business which sells food to be consumed on the
premises. Employee toilet facilities are not to be included in the above restaurant requirements. Hand
washing facilities must be available in the kitchen for employees.
9. Whenever urinals are provided, the total number of fixtures required may be a combination of water
closets and urinals. The number of water closets in such cases shall not be reduced to less than one-half (¼)
of the total number required for the first six (6) fixtures nor less than one-third (1/3) of the total number
required if the total required exceeds six (6).
· 10. Public Restrooms: Wholesale and retail stores with an occupant Icad of less than five hundred (500)
need not provide public restrooms.
New Section 421.0 is added to conform to section 1209.2 of the International Building Code.
421.0 In other than dwelling units and private restrooms, walls within two (2) feet (609mm) of the front
and sides of urinals and water closets shall have a smooth, hard, nonabsorbent surface to a height of four
(4)feet (1219mm).
Delete Section 501.0 in its entirety and insert in lieu thereof the following:
501.0 General, The regulations of this chapter shall govern the construction, location, and installation
of fuel burning and other water heaters heating potable water, together with all chimneys, vents, and their
connectors. All design, construction, and workmanship shall be in conformity with accepted engineering
practices, manufacturer's installation instructions, and applicable standards and shall be of such character
as to secure the results sought to be obtained by this Code. No water heater shall be hereinafter installed
which does not comply in all respects with the type and model of each size thereof
approved by the Administrative Authority. A list of accepted gas equipment standards is included in
Table 14-1.
Section 603.2.3 is Deleted
Section 603.4.13. Delete Section 603.4.13 in its entirety and insert in lieu thereof the following:
603.4.13 Potable water supply to carbonators shall be protected by a stainless steel dual check valve
with an atmospheric vent as approved by the Administrative Authority for the specific use. Delete Section 604.2 in its entirety and insert in lieu thereof the following:
604.2 Copper tube for water piping shall have a weight of not less than Type M copper tubing.
Exception: Copper tube for underground water piping shall have a weight of not less than Type K copper
tubing.
Delete Section 605.2 in its entirety and insert in lieu thereof the following:
605.2 Independent fullway valves shall be installed on the supply and discharge sides of each water
meter. Water piping supplying more than one building on any one premises shall be supplied with separate
fullway valves to each building. Such shutoff valves shall be accessible at all times. A fullway valve shall be
installed on the discharge piping from water supply tanks at or near the tank. A fullway valve shall be installed
on the cold water supply pipe to each water heater at or near the water heater.
Delete Section 701.1.4 in its entirety and insert in lieu thereof the following:
701.1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that
of copper tube Type L.
Add New Section 701.1.5 as follows:
701.1.5 Copper tube for aboveground drainage and vent piping shall have a weight of not less than that
of copper tubing Type M.
Exception: Type DWV may be used in one and two-family dwellings.
Section 703.1. Delete Section 703.1 in its entirety and insert in lieu thereof the following:
703.1 The minimum sizes of vertical and/or horizontal drainage piping shall be determined from the
total of all fixture units connected thereto, and additionally, in the case of vertical drainage pipes, in
accordance with their length. There shall be at least one four (4)-inch (100mm) drain pipe from the sewer to
the main drainage stack and no underground drainage piping shall be less than two (2) inches (50mm) in
diameter.
Section 710.1. Delete Section 710.1 in its entirety and insert in lieu thereof the following:
710.1 Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the
curb or proper~y line at the point where the building sewer crosses under the curb or property line and above
the crown level of the main sewer, shall drain by gravity into the main sewer and shall be protected from
backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be
installed only in that branch or section of the drainage system which receives the discharge from fixtures
located below the elevation of the curb or property line. The requirements of this subsection shall apply only
when it is determined necessary by the administrative authority or the engineers of the governing body,
based on local conditions.
Section 717.0. Section 717.0 is amended by adding the following sentence to the end of the section:
The minimum size of any building sewer shall be four (4) inches (100mm).
Section 807.4. Delete Section 807.4 in its entirety and insert in lieu thereof the following:
Ordinance No.
Page 7
807.4 No domestic dishwashing machine shall be directly connected to a drainage system or food waste
disposer unless an approved dishwasher air gap fitting is installed on the discharge side of the dishwashing
machine or the discharge Fine of the dishwasher is looped as high as possible near the flood level of the
kitchen sink. Listed air gaps shall be installed with the flood level (FL) marking at or above the flood level of
the sink or drain board, whichever is higher.
Delete Sections 903.2.1 and 903.2.2 in its entirety and insert in lieu thereof the following:
903.2.1 Copper tube for underground vent piping shall have a weight of not less than that of copper tube
Type L.
903.2.2 Copper tube for aboveground vent piping shall have a weight of not less than that of copper tube
Type M
Exception: Type DWV may be used in one and two-family dwellings.
Section 904.1. Section 904.1 is amended by adding the following sentences to the end of the paragraph:
Each building shall have a vent stack or stack vent equal in size or larger than the required building sewer
that shall extend through the roof undiminished in size. In residential buildings of four (4) stories or less, a
three-inch vent stack or stack vent shall be permitted. Residential buildings shall include hotels and motels.
Section 905.7. New Section 905.7 is added to read as follows:
905.7 In all new residential construction with a basement, at least one two-inch (2") dry vent shall be
available in the basement.
Section 906.3. Delete Section 906.3 in its entirety and insert in lieu thereof the following:
906.3 Vent pipes shall be extended separately or combined, the full required size, not less than twelve
inches (12") above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for
purposes in addition to weather protection. All vents within ten feet (10') of any part of the roof that is used for
such other purposes shall extend not less than seven feet (7') above such roof and shall be securely stayed.
Delete Section 906.7 in its entirety and insert in lieu thereof the following:
906.7 Frost or Snow Closure. Vent terminals shall be a minimum of three (3) inches (80 mm) in diameter
but in no case smaller than the required vent pipe. The change in diameter shall be made at least one (1)
foot (305 mm) below the roof in an insulated space and terminate not less than one (1) foot (305 mm) above
the roof.
Delete Table 10-1. in its entirety and insert in lieu thereof the following:
TABLE 10-1
Horizontal Distance of Trap Arms (Except for water closet and similar fixtures)*
Trap Arm (inches) Distance Trap to Vent (feet)
1% 5
1¼ 6
2 8
3 12
4 and larger 12
Slope shall be one-quarter inch (¼") per foot.
*The developed length between the trap of a water closet or similar fixture (measured from the top of
closet ring to inner edge of vent) and its vent shall not exceed six feet (6').
Section 1205.3. Delete Section 1205.3 in its entirety and insed in lieu thereof the following:
1205.3 It shall be unlawful for any serving gas supplier, or person furnishing gas, to turn on, or install
any fuel gas or any gas meter or meters unless the valve is turned off and securely locked, until inspected
and released by the administrative authority.
Section 1210.1 is amended by adding the following sentences to the end of the section:
Corrugated stainless steel tubing may be permitted provided that it is part of a system listed by an
approved agency as complying with recognized standards for gas distribution systems. Fittings for CSST
systems shall not be installed in concealed locations.
14-5B-3: Cross Connection Control - Provisions.
1. Definitions. The following definitions shall apply only to this Section For the purpose of this Section;
these definitions supersede definitions given elsewhere in this Code.
a. Approved backflow prevention assembly for containment. A backflow prevention assembly listed by
the University of Southern California - Foundation for Cross Connection Control and Hydraulic Research as
having met the requirements of ANSI-AWWA Standard C510-89, Double Check Valve Backflow-Prevention
Assemblies or ANSI-AWWA Standard C511-89, Reduced-Pressure Principle Backflow-Prevention
Assemblies, all as amended, for containment. The listing shall include the limitations of use based on the
degree of hazard. The backflow prevention assembly must also be listed by the International Association of
Plumbing and Mechanical Officials.
Ordinance No.
Page 8
b. Approved backflow prevention assembly for containment in a fire protection system. A backflow
prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual
Research Corporation (FM) and Underwriters Laboratory (UL), in addition to the requirements of paragraph
l(a).
c. Auxiliary water supply. Any water supply on or available to the premises other than the approved
water provider of public water such as, but not limited to, a private well, pond or river.
d. Containment. A method of backflow prevention which requires the installation of a backflow
prevention assembly at the water service entrance.
e. Cross connection. Any connection or arrangement between a potable water supply system and any
plumbing fixture or tank, receptacle, equipment or device, through which it may be possible for nonpotable,
used, unclean, polluted and contaminated water or other substance to enter into any part of such potable
water system under any condition.
f. Customer. The owner, operator or occupant of a building or a property or of a private water system
which has a water service from a public water system.
g. Degree of hazard. The rating of a cross connection or water service which indicates the potential to
cause contamination or pollution.
h. Double check valve backflow prevention assembly. A backflow prevention device consisting of two
(2) independently acting, internally loaded check valves, four (4) properly located test plugs and two (2)
isolation valves. (Backflow prevention assembly used for Iow hazard.)
i. High hazard cross connection. A cross connection which may impair the quality of the potable water
by creating an actual hazard to public health through poisoning or through contamination with sewage,
industrial fluids or waste.
j. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the
cross connection rather than at the water service entrance.
k. Low hazard cross connection. A cross connection which may impair the quality of potable water to a
degree which does not create a hazard to public health but which does adversely and unreasonably affect the
aesthetic qualities of such potable water for domestic use.
I. Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting
of two (2) independently-acting, internally-loaded check valves, a differential pressure relief valve, four (4)
properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for high hazard.)
m. Registered backflow prevention assembly technician. A person registered with the Iowa State Health
Department or its successor agency to test or repair backflow prevention assemblies and to report on the
condition of those assemblies.
n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a
closed system.
o. Water service. Depending on the context, water service is the physical connection between a public
water system and a customer's building, property or private water system or the act of providing potable
water to a customer.
2. Administrative authority.
a. For the purposes of 14-5B-3 only, the administrative authority is the City Council acting through such
persons or agencies the City Council shall designate.
b. The administrative authority shall have the right to enter any property to inspect for possible cross
connection, upon consent of the customer or upon a search warrant issued by a court of appropriate
jurisdiction.
c. The administrative authority may collect fees for the administration of this program. Fees shall be
established by resolution of the City Council.
d. The administrative authority shall maintain records of cross connection hazard surveys and of the
installation, testing and repair of all backflow prevention assemblies installed in this City.
3. New water services.
a. Plans shall be submitted by the contractor to the administrative authority for review of all new water
services to determine the degree of hazard before a permit is issued.
b. The administrative authority shall determine the type of backflow prevention assembly required for
containment based on the degree of hazard.
c. The administrative authority shall require the installation of the appropriate backflow prevention
assembly for containment before the initiation of water service.
4. Existing water services.
a. Upgrades of existing water services shall be treated as new water services for the purpose of
14-5B-3.
b. The administrative authority shall publish and make available to each customer a copy of standards
used to determine the degree of hazard.
Ordinance No.
Page 9
c. After publication of the standards, the administrative authority shall give written notice of the
provisions of this Section to customers whose premises are classified as single-family residential.
d. Within two (2) months after notification, customers whose premises are not classified as
single-family residential shall complete and return to the administrative authority a cross connection hazard
survey to determine the type of devices required.
e. The administrative authority shall determine the type of backflow prevention assembly required for
containment based on the degree of hazard, as determined from information received from customers or
gathered through on-premises investigations or surveys.
f. Within the time frame specified, in writing, by the administrative authority, the customer shall instal[
backfiow prevention assemblies for isolation and containment as required by the administrative authority.
g. For existing water services, the administrative authority may inspect the premises to determine the
degree of hazard. When high hazard cross connections are found, the administrative authority shall, at its
sole discretion: 1) develop a schedule of compliance which the customer shall follow or 2) terminate the
water service until a backflow prevention assembly for containment required by the administrative authority
has been installed.
h. Failure of the administrative authority to notify a customer that said customer is believed to have a
high hazard cross connection and that said customer shall install backflow prevention assemblies for
containment in no way relieves a customer of the responsibility to comply with all requirements of this
Section.
5. Customer.
a. The customer shall be responsible for ensuring that no cross connections exist without approved
backflow protection within the customer's premises starting at the point of service from the public potabre
water system.
b. The customer shall, at the customer's own expense, cause installation, operation, testing and
maintenance of the backflow prevention assemblies required by the administrative authority.
c. The customer shall ensure the administrative authority is provided with copies of records of the
installation and of all tests and repairs made to the backflow prevention assembly on the approved form
within fifteen (15) calendar days after testing and/or repairs are completed.
d. If a backflow incident occurs, the customer shall immediately notify the City of Iowa City Water
Division and/or the City of Iowa City Plumbing Inspector and take steps to confine the contamination or
pollution.
6. Required backflow prevention assemblies for containment - water services.
a. A water service having one or more cross connections which the administrative authority classifies
as high hazard shall have an approved air gap or an approved reduced pressure principle backflow
prevention assembly.
b. Water services having no high hazard cross connections but having one or more cross connections
which the administrative authority has classified as Iow hazard shall have an approved double check valve
assembly.
7. Required backflow prevention assemblies for containment - fire protection systems.
a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing
fire protection systems which the administrative authority determines to have any of the following:
1. Direct connections from public water mains with an auxiriary water supply on the premises or
available to the premises for pumper connection.
2. Interconnections with auxiliary water supplies, such as reservoirs, rivers, ponds, wells, mills or
other industrial water systems.
3. Antifreezes or other additives in the fire protection system.
4. Combined industrial and fire protection systems supplied solely from the public water mains, with
or without gravity storage or pump suction tanks.
5. Any other facility, connection or condition which may cause contamination.
b. All other fire protection systems shall have a double check valve assembly. The double check valve
shall be required on all new systems at the time of installation and on existing systems when they are
upgraded.
8. Backflow prevention assembly technicians.
a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa
State Health Department or its successor agency.
b. A backflow prevention assembly technician registered by the State shall include the technician's
registration number on all correspondence and forms required by or associated with this Section.
9. Installation of backflow prevention assemblies.
a. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated
in Section 603.3.4 of 2000 UPC.
Ordinance No.
Page 10
b. The required backflow prevention assemblies for containment shall be installed in horizontal
plumbing immediately following the meter or as crose to that location as deemed practical by the
administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this
point does not eliminate the responsibility of the customer to protect the water supply system from
contamination or pollution between the backflow prevention assembly and the water main.
c. Reduced pressure principle backflow prevention assemblies shall be installed so as to be protected
from flooding and shall not be installed in underground vaults or pits.
d. All backflow prevention assemblies shall be protected from freezing.
e. Thermal expansion shall be provided for when installing a backflow prevention assembly which uses
hot water within the system.
f. Reduced pressure principle backflow prevention assemblies shall be provided with the means to
convey the discharge of water to a suitable drain.
g. No backflow prevention assemblies shall be installed above an electrical panel, higher than the
ceiling level or in any place where it would create a safety hazard.
h. If interruption of water service during testing and repair of backflow prevention assemblies for
containment is unacceptable to the customer, two (2) backflow prevention assemblies, sized to handle the
temporary water flow need during the time of test or repair, should be installed in parallel piping.
i. All newly installed shut-off valves shall conform to the requirements for either ball or resilient seat
gate valves published in the current edition of the Manual of Cross-Connection Control (University of
Southern California), as amended. Ball valves shall be used on assemblies installed in piping two inches (2")
and smaller, and resilient seat gate valves shall be used on assemblies installed in piping larger than two
inches (2").
10. Testing of backflow prevention assemblies.
a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly
technician, and the costs of tests required by this Section shall be paid by the customer.
b. Backflow prevention assemblies shall be tested upon installation and shall be tested and inspected
at least annually thereafter.
c. Backflow prevention assemblies which are in place but which have been out of operation for more
than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in
seasonal applications shall be tested before operation resumes each season.
d. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When
water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or
replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a
registered backflow prevention assembly technician after repair or replacement.
e. The registered backflow prevention assembly technician shall report the assembly within fifteen (15)
calendar days of the test to the customer and to the administrative authority on the form provided by the
administrative authority.
f. The administrative authority may require, at its own cost, additional tests of individual backflow
prevention assemblies as it shall deem necessary to verify test procedures and results.
11. Repair of backflow prevention assemblies.
a. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention
assembly technicians.
b. The registered backflow prevention assembly technician shall not change or modify the design,
material or operational characteristics of a backflow prevention assembly during repair or maintenance and
shall use only original manufacturer replacement parts.
c. The registered backflow prevention assembly technician shall report the repair of a backflow
prevention assembly within fifteen (15) calendar days of the repair to the customer and to the administrative
authority on the form provided by the administrative authority. The report shall include the list of materials or
replacement parts used and shall summarize the work performed.
12. Customer noncompliance. Water service may be discontinued if a customer fails to comply with
Section 14-5B-3. Noncompliance includes, but is not limited to, the following:
a. A customer's refusal to grant access to the property for the purpose of performing inspections
required by this Section.
b. Removal of a backflow prevention assembly which has been required by the administrative authority.
c. Bypassing a backflow prevention assembly which has been required by the administrative authority.
d. Providing inadequate backflow prevention when cross connections exist.
e. Failure to install, test and/or properly repair a backflow prevention assembly which has been required
by the administrative authority.
f. Failure to comply with the requirements of this Section.
g Deliberate falsification of documentation concerning the backflow prevention assemblies or possible
cross connections.
Ordinance No.
Page 1 1
14-5B-4: GARAGE FLOOR DRAINS: Garages and other structures for the housing, sale, repair or for
commercial washing of automobiles, which connect with the sewer, shall be provided with a proper means
for draining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, sidewalk
or pavement approach. Such drains shall be constructed with a device for catching sand, silt or other solids
and shall have a seal depth of not less than six inches (6") above the sand receiver. The drain outlet shall not
be smaller than a four inch (4") connection. All materials used for vents and waste lines shall conform with
the other provisions of this Code. The trap shall be constructed of cast iron, cement or hard burned brick laid
in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naphtha or
other inflammable solutions or compounds are used or kept shall be provided with special drains in the same
manner as those required for garages. Such drains and traps must be approved by the Administrative
Authority. Exception: In garages regulated by the IRC the trap may be constructed with other water tight
materials and the drain may be piped with two (2) inch PVC as approved by the Administrative Authority.
14-5B-5: CONNECTIONS TO THE PUBLIC SANITARY SEWER:
A. The junction pieces, slants or wyes built into the sanitary sewer during construction must be used for
connecting all private sewers or house drains unless special permission to use other means is endorsed on
the permit. Before making a connection to the public sewer, the plumber shall excavate and clear a trench at
the point of connection. The actual connection with said junction piece, slant or wye must be made in the
presence of the Administrative Authority. The cover on the wye branch on the sewer should be carefully
removed to prevent injury to the socket.
B. If there is no junction piece, slant or wye already in the sewer the Wastewater Superintendent shall
be notified that a tap will be necessary. The excavation shall be properly prepared by the plumber and the
sewer main completely uncovered. A City crew will inspect the tap made by the contractor or make the tap
and install a sewer saddle for the plumber.
C. Jn all cases, the excavation showing the connections shall be kept open by the plumber until the
excavation has been inspected by the City.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of ,2002.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Prepared by: Tim Hennes, St. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE D, MECHANICAL CODE, BY
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL, 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 I. PURPOSE. The purpose of this ordinance is to adopt the 2000 Edition of the International
Mechanical Code as published by the International Code Council; and to provide for certain amendments
thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to
provide for its enforcement.
SECTION I1. Sections 14-5D-1, 14-5D-2, and 14-5D-3 of the City Code are hereby repealed and the following
new Sections 14-5D-1, 14-5D-2, and 14-5D-3 are enacted in lieu thereof.
14-5D-1: Code adopted: Subject to the following amendments, the 2000 Edition of the International
Mechanical Code (IMC) is hereby adopted and shall be known as the Iowa City Mechanical Code or the
Mechanical Code. Interpretations of the building official shall be guided by the IMC application/interpretation
manual and the IMC Handbook.
14-5D-2: Interpretation of Mechanical Code provisions: The provisions of this Code shall be held to
be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of
Iowa City. Any higher standards in the state statute or City ordinance shall be applicable.
14-5D-3: Amendments to Code: The following sections of the 2000 edition of the International
Mechanical Code are amended as follows:
A. Section 106.5. Delete Sections 106.5.2 and 106.5.3, and insert in lieu thereof the followinq:
106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee
schedule as established by resolution of the City Council.
B. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the followinq:
Section 109 Appeals. See Section 14-5M Appeals in the City Code
SECTION Ill. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. PENALTIES FOR VIOLATIONS: The violation of any provision of this Ordinance is a municipal
infraction.
SECTION V. SEVER.ABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CiTY CLERK
Approv~[~,~. ,
City Attorney's Office
Hisdate/200Oords/Mecha nic81 doc
Prepared by: Tim Hennes, Sr. Building Inspector; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED "UNIFIED
DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY
ADDING A NEW ARTICLE L ENTITLED "LICENSING" TO ESTABLISH A
CENTRALIZED PROCEDURE FOR EXlSITING LICENSING REQUIREMENTS AND TO
ESTABLISH LICENSING REQUIREMENTS FOR THE DESIGN, INSTALLATION AND
MAINTENANCE OF FIRE SPRINKLERS AND FOR THE INSTALLATION AND
MAINTENANCE OF FIRE ALARMS
WHEREAS, the Plumbing Code and the Electrical Code are being updated and revised;
WHEREAS, the licensing procedures for plumbers and electricians are presently in the respective
Plumbing Code and Electrical Code;
WHEREAS, it is the public interest to place all the licensing requirements in one centralized location
instead of throughout the codes;
WHEREAS, the City does not presently license persons who design, install, and maintain fire
sprinkler systems or persons who install and maintain fire alarms;
WHEREAS, to ensure professionalism and accountability in the design, installation an(] maintenance
of fire sprinkler systems and fire alarm systems, the City should adopt a licensing procedure for said
systems;
WHEREAS, the City Council believes that it is in the best interest of the City of Iowa City to establish
a centralized licensing procedure for the Plumbing Code and Electrical Code to establish a licensing
procedure for persons who design, install, and maintain fire sprinkler systems and for persons who install
and maintain fire alarms.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building
and Housing," is hereby amended by deleting the following in their entirety: 14-5B-6, 14-5C-12, 14-5C-13,
14-5C-14, 14-5C-15, 14-5C-16, 14-5C-17, and 14-5C-19.
SECTION II. AMENDMENT. Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building
and Housing," is hereby amended by adding new Article L, entitled "Licensing" as follows:
SECTION:
14-5L-1 License Required
14-5L-2 Application for License
14-5L-3 Examination Fee
14-5L-4 Licensing Standards
14-5L-5 Reciprocal Licenses
14-5L-6 Reexaminations
14-5L-7 License Renewals
14-5L-8 Revocation of License ~
14-5L-9 Reissuance of License After Revocation
14-5L-10 Inactive License
14-5L-1 License Required:
1. Master Plumber: No person shall plan for, lay out, supervise or perform plumbing work within the City,
with or without compensation, unless the person holds a master plumber's license issued by the City.
2. Journeyman Plumber: No person shall work as a journeyman plumber within the City unless the
person holds a journeyman plumber's license issued by the City.
3. Sanitary Sewer And Water Service Installer: No person shall work as a sanitary sewer and water
service installer within the City unless the person holds a sanitary sewer and water service installer's
license issued by the City
4. Gas Pipe Installer: No person shall work as a gas pipe installer unless the person holds a gas pipe
installer's license issued by the City.
5. Master Electrician: No person shall perform unsupervised electrical work, within Iowa City, with or
without compensation unless the person holds a master electrician's license issued by the City except
as permitted by subsections 14-5C-22B and C of this Article.
~ Sce also Section 5 I-5 of this Code.
Ordinance No.
Page 2
6. Journeyman Electrician: No person shall work as a journeyman electrician within the City unless the
person holds a journeyman electrician's license issued by the City.
7. Fire Alarm: No person shall work as a fire alarm installer or perform maintenance on fire alarm
systems unless the person holds a fire alarm license issued by the City.
8. Fire Sprinkler Installer: No person shall work as a fire sprinkler installer or perform maintenance on
fire sprinkler systems unless the person holds a fire sprinkler installer license issued by the City.
9. Fire Sprinkler Maintenance: No person shall perform maintenance on a fire sprinkler system unless
the person holds a fire sprinkler maintenance license or fire sprinkler installer license issued by the
City.
10. Unlicensed Persons: No person shall knowingly employ or permit an unlicensed person to perform
work within Iowa City if the work is required by this Code is to be performed by a licensed person.
11. Licensed Persons To Be On-Site: There shall be a properly licensed person present at all locations
and at all times where work requiring a license is being performed. At least one licensed person shall
be present for every three (3) laborers. Such licensed person must be an employee of the permit
holder.
12. Exceptions:
The provisions of paragraphs 5 and 6 above shall not apply to:
a. The personnel of the Traffic Engineering Division of the City or its successor, or persons who
work for a public utility company, telephone or telegraph company, nor to persons performing
electrical work as an integral part of the plant used by such company in rendering its duly
authorized service to the public.
b. A regular employee of any railroad who does electrical work only as a part of that employment.
c. The service or maintenance of heating or air-conditioning equipment, provided that such work or
maintenance shall only include electrical work on electrical equipment that is part of such
equipment. Such work shall include the connection of heating or air-conditioning equipment to a
properly sized and existing individual branch circuit, that contains no other loads.
14-5L-2 Application for License
Any person required by this Article to possess a license shall make application to the administrative
authority.
14-5L-3 Examination Fee
The examination fee for persons applying for a license shall be established by resolution of City Council
and shall net be refunded.
14-5L-4 Licensing Standards
The administrative authority shall issue licenses pursuant to the following provisions:
1. Master Plumber: A master plumber's license shall be issued to every person who demonstrates
satisfactory completion of two (2) years' experience as a licensed journeyman plumber and
successfully passes the examination approved by the Board of Appeals.
2. Journeyman Plumber: A journeyman plumber's license shall be issued to every person who
demonstrates satisfactory completion of three (3) years' full-time experience as an apprentice
plumber with an established plumbing company and successfully passes the examination approved
by the Board of Appeals.
3. Sanitary Sewer And Water Service Installer: A sanitary sewer and water service installer's license
shall be issued to every person who successfully passes the examination approved by the Board of
Appeals.
4. Gas Pipe Installer: A gas pipe installer's license shall be issued to every person who successfully
passes the examination approved by the Board of Appeals.
5. Master Electrician: A master electrician's license shall be issued to every person who demonstrates
satisfactory completion of two (2) years of experience as a licensed journeyman electrician, and
successfully passes the examination approved by the Board of Appeals.
6. Journeyman Electrician: A journeyman electrician's license shall be issued to every person who
demonstrates satisfactory completion of three (3) years of experience as an apprentice electrician
with an established electrical company, and successfully passes the examination approved by the
Board of Appeals.
7. Fire alarm: A fire alarm license shall be issued to every person as follows:
· From the effective date of the ordinance to December 31, 2002 to every person who
demonstrates satisfactory completion of one of the following criteria:
1. National Institute for Certification in Engineering Technologies (NICET) Level II certification;
2. Examination approved by the Board of Appeals; or
Ordinance No.
Page 3
3. Licensed journeyman electrician supervised by a licensed master electrician.
· From January 1, 2003 to December 31 2004 to every person who demonstrates satisfactory
completion of one of the following criteria:
1. NICET Level II certification; or
2. Pass an examination approved by the Board of Appeals for Fire Alarm Systems.
· Beginning January 1, 2005 to every person who demonstrates satisfactory completion of the
following criteria:
1. NICET Level II certification.
8. Fire sprinkler Installer: A fire sprinkler installer license shall be issued to every person who meets all
the following criteria:
1. Demonstrates satisfactory completion of five (5) years full-time experience as an apprentice
sprinkler installer with an established sprinkler company.
2.Pass an examination approved by the Board of Appeals.
9. Fire sprinkler maintenance: A fire sprinkler maintenance license shall be issued to every person who
meets the following criteria:
· From the effective date of the ordinance to December 31, 2005 to every person who
demonstrates satisfactory completion of one of the following criteria:
1. National Institute for Certification in Engineering Technologies (NICET) Level II cedification in
maintenance and testing of sprinkler systems; or
2. Passes an exam approved by the Board of Appeals for maintenance and testing of sprinkler
systems.
· Beginning January 1, 2006 to every person who demonstrates satisfactory completion of the
NICET Level Il certification in maintenance and testing of sprinkler systems.
10.Only one license shall be issued to any individual in any license category on the basis of a single
examination.
11. The fee for licenses shall be set by resolution of the City Council.
14-5L-5 Reciprocal Licenses
1. Master Plumber: A master plumber's license may be issued to an applicant who demonstrates at
least two (2) years' experience as a journeyman level plumber and has successfully passed a master
plumber's examination approved by the Iowa City Board of Appeals. The applicant shall make
application for the license and pay all fees.
2. Journeyman Plumber: A journeyman plumber's license will be issued to an applicant who
demonstrates at least three (3) years' experience as either a journeyman or apprentice plumber and
who has successfully passed a journeyman plumber's examination approved by the Iowa City Board
of Appeals. The applicant shall make application for the license and pay all fees
3. Sanitary Sewer And Water Service Installer: A sanitary sewer and water service installer's license
may be issued to an applicant who has successfully passed the examination approved by the Iowa
City Board of Appeals.
4. Gas Pipe Installer: A gas pipe installer's license may be issued to an applicant who successfully
passes the examination approved by the Iowa City Board of Appeals and pays all fees.
5. Master Electrician: A master electrician's license may be issued to an applicant who demonstrates at
least two (2) years' experience as a journeyman level electrician and has successfully passed a
master electrician's examination approved by the Iowa City Board of Appeals. The applicant shall
make application for the license and pay all fees.
6. Journeyman Electrician: A journeyman electrician's license will be issued to an applicant who
demonstrates at least three (3) years' experience as either a journeyman or apprentice electrician and
who has successfully passed a journeyman electrician's examination approved by the Iowa City
Board of Appeals. The applicant shall make application for the license and pay all fees.
14-5L-6 Reexaminations
Any person who fails the journeyman plumber, master plumber, journeyman electrician, master
electrician, fire alarm, fire sprinkler installer, fire sprinkler maintenance or gas pipe installer's examination
may apply for reexamination at the next regularly scheduled examination. Any person who fails the
sanitary sewer and water service installer's examination or the electrical homeowners exam must wait a
minimum of thirty (30) calendar days before retesting
14-5L-7 License Renewals
1. Every license which has not previously been revoked shall expire on December 31 of each year.
Renewal fees and reinstatement fees shall be as established by resolution of the City Council. Any
license that has expired may be reinstated within sixty (60) calendar days after the expiration date
Ordinance No.
Page 4
upon payment of an additional reinstatement fee. After the expiration of the sixty (60) calendar day
period, no license shall be renewed except upon reexamination. Notwithstanding the above, upon
application the Board of Appeals may waive the reexamination requirement for licenses which are not
renewed within the sixty (60) day period if the licensee provides evidence that the failure to renew
was due to medical reasons or other circumstances beyond the control of the licensee
2. Code Update Certificate: Prior to receiving any active electrical or plumbing license, each applicant
shall complete an approved eight (8) hour code update class based on the changes in the most
current edition of the code that the license is issued under within. Prior to receiving an active fire
sprinkler license each applicant shall complete eight (8) credit hours of continuing education of an
approved update class in fire sprinkler installation. Update classes shall be attended within one year
of the codes adoption by the City. A documentation of completion must be submitted to the Building
Official to accompany application for renewal.
3. At the time of renewal, each licensee shall identify the company the licensee is currently employed
by.
14-5L-8 Revocation of License
1. The administrative authority, with consent of the Board of Appeals, may revoke any license issued if
the license holder shows incompetency or lack of knowledge, if the license was obtained by fraud or
for continual violation of any sections of this Code.
2. Licenses are not transferable. The lending, selling, giving, or assigning of any license or the obtaining
of permits thereunder for any other person shall be deemed cause for revocation.
3. Revocation shall occur only after the administrative authority has given the licensee written notice and
an opportunity for an administrative hearing before the Board of Appeals.
14-5L-9 Reissuance of License after Revocation
If a license is revoked for any reason, another license shall not be issued for at least twelve (12) months
after revocation.
14-5L-10 Inactive License
Any current electrical or plumbing license may be classified as inactive upon written request of the
licensee. Once so classified, the license holder is permitted to maintain the electrical or plumbing license
as current but will not be permitted to obtain an electrical or plumbing permit nor otherwise actively
participate in the electrical or plumbing trade in Iowa City. The license may be reactivated upon
completion of an eight (8) hour code update class on the changes based on the most current edition of
the electrical or plumbing code, and payment of the full license fee for that year. The fee for an inactive
license shall be set by resolution of City Council.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this __ day of ,2002.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Sue/ord s&res\licen singord doc
Prepared by: Susan Dulek, Asst. City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE '14, ENTITLED "UNIFIED DEVELOPMENT
CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE
M ENTITLED "APPEALS" TO ESTABLISH A UNIFORM PROCEDURE FOR APPEALS OF
THE BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, AND FIRE CODES.
WHEREAS, the Building Code, Plumbing Code, Electrical Code, Mechanical Code, and Fire Code
are being updated and revised;
WHEREAS, the appeals procedure for said codes are presently contained in the respective codes
and said procedures are not uniform;
WHEREAS, it is in the public interest to place all the appeals procedures in one centralized location
instead of throughout the codes and to make said procedures uniform; and
WHEREAS, the City Council believes that it is in the best interest of the City of Iowa City to establish
a centralized and uniform procedure for appeals of the Building Code, Plumbing Code, Electrical Code,
Mechanical Code, and Fire Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building
and Housing," is hereby amended by adding new Article M, entitled "Appeals" as follows: Board of Appeals. The Board of Appeals previously established shall continue.
The Board of Appeals shall consist on seven (7) members appointed by the City Council. All Board
members must be eligible electors of Iowa City but not regular employees of the City. The Board shall
include at least one (1) licensed electrician, one licensed plumber, one HVAC professional, one
representative from the Home Builders Association of Iowa City, and one building design professional.
The remaining members shall be qualified by experiences and training to pass on matters pertaining to
building construction. The building official shall be an ex officio member and shall act as secretary to the
Board, but shall have no vote on any matters before the Board.
Appeals Procedure
a. Jurisdiction. Any person aggrieved by a decision of the Building Official or the Fire Chief with
regard to the Building Code, Plumbing Code, Electrical Code, Mechanical Code, or Fire Code
may file an appeal to the Board of Appeals within thirty (30) days of said decision. Decision
means any decision, determination, direction, notice, finding, or order of the Building Official or
the Fire Chief.
b. Application. In order to file an appeal, the person must complete a form provided by the City
Department of Housing and Inspection Services and pay a filing fee. In said application, the
person filing the appeal shall state all code provisions applicable to the appeal, attach relevant
supporting documentation, and explain the basis for the appeal.
c. Authority. The Board of Appeals may by majority vote reverse a decision by the Building Official
or the Fire Chief based on the Building Code, Plumbing Code, Electrical Code, Mechanical Code,
or Fire Code only if it finds that:
(1) There are practical difficulties involved in carrying out the provisions of this code. Practical
difficulties means that: (a) the strict letter of this code is impractical; (b) the modification is in
conformance with the intent and purpose of this code; and (c) such modification does not
lessen any fire-protection requirements or any degree of structural integrity; or
(2) Any material, alternate design or method of construction not specifically prescribed by this
code is appropriate. Any material, alternate design or method of construction is appropriate
if: (a) the proposed design is satisfactory and complies with the provision of this code; and (b)
the material, method or work offered is, for the purpose intended, at least the equivalent of
that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability,
safety and sanitation; or
(3) If the building official has incorrectly interpreted a provision of the code; or
(4) If the provisions of the code do not fully apply.
d. Hearinq.The person shall be advised in writing of the time and place at least three (3) calendar
days prior to the hearing. At the hearing, the person shall have an opportunity to be heard.
e. Fees. Fees for filing an appeal shall be set by resolution of the City Council.
SECTION I1. 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 II1. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, appreval and
publication, as provided by law.
Passed and approved this __ day of ,2002.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
sue~:m:l&res~BdAppO rd .doc